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



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MINUTES 

of the 

EXECUTIVE COUNCIL 



Frontispiece Vol. II. 




r t* - -iW r f ■ 



CORNELIS STEENWIJCK 

Mayor of New York City from August, 1668, until October, 1670, 

and a Member of Lo\elace"s Council. 



(From the Original Painting in the New York Historical Society. 



MINUTES of the 

EXECUTIVE COUNCIL 

of the Province of New York 



Administration of Francis Lovelace 
1668-1673 

Volume II 



COLLATERAL AND ILLUSTRATIVE 

DOCUMENTS 

XX-XCVIII 

Edited by Victor Hugo Paltsits, State Historian 




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



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



Albany. N. Y. 

J. B. Lyon Company, State Printers 

1910 



TABLE OF CONTENTS 



Page 

Table of Contents v 

List of Illustrations xi 

Collateral and Illustrative Documents in this volume, 
Nos. XX to XCVIII, as follows:— 

No. XX. Albany — Captain John Baker 387 

No; XXI. Katherine Harrison and Witchcraft at 

Westchester 390 

No. XXII. Land of Maritie Damen at Canestagione. 395 
No. XXIII. New York City — Penalty for Stealing 

Canoes and Boats 397 

No. XXIV. Whorekill, Delaware — Abolition of the 

Customs 398 

No. XXV. Nesaquake Lands Controversy — Rich- 
ard Smith vs The Town of Huntington, Long 

Island 400 

No. XXVI. Claims of Johannes de Decker — 

Negroes, Salary, Land at Staten Island 447 

No. XXVII. Staten Island — Land of Jacob Melyn . 449 
No. XXVIII. Brookhaven (Seatalcott) — Land 

Affairs and Whaling 450 

No. XXIX. Southampton — Confirmation of Land, 

Sale of Strong Drink to Indians, Whaling, etc. . 459 
No. XXX. Flushing, Hempstead and Jamaica — 
Protests adjudged to be Scandalous, Illegal and 

Seditious; Boundaries 478 

No. XXXI. Staten Island — Lots laid out for 

Soldiers 4^7 

v 



vi Table of Contents 



Page 
No. XXXII. Newtown — Estate of John Cockram 

sold for Debt 491 

No. XXXIII. Hempstead — County Rates and Cap- 
tain John Seaman 494 

No. XXXIV. Staten Island — Estienne Gaigneau vs 
Jacques Guyon, Attorney for Jean CoUyn, 
about Land 494 

No. XXXV. Delaware — Distressed Condition, Indian 
Outrages and threatened Indian War, Defense 
and New Settlers 496 

No. XXXVI. Gravesend and New Utrecht — Land 

Controversy 512 

No. XXXVII. Haven Master of the Port of New 

York — Empowered to Arrest and Attach 513 

No. XXXVIII. New York City — Sylvester Salisbury 
vs Fredrick Gijsbertsen, in regard to con- 
fiscated House in Stone Street 514 

No. XXXIX. Brooklyn — Debts contracted in 

Building a House for the Minister 516 

No. XL. West India Company — Debts 518 

No. XLI. New York City — Export of Wheat 519 

No. XLI I. Hudson River — Regulation of Trade 

and Shipping 522 

No. XLIII. Southampton, Southold, etc. — Refuse 

to Renew their Patents 524 

No. XLIV. Kingston, Hurley, Marbletown — Regu- 
lation of Courts, Military Affairs, etc 526 

No. XLV. Delaware Affairs — The Whorekill, Cap- 
tain Martin Creiger, Millstones, Sloop of Jan de 
Kaper 530 



Table of Contents vii 



Page 
No. XLVI. Albany — Farming out of Tappers Excise. 548 
No. XLVn. Long Island — Troop of Horse of 

North and West Ridings of Yorkshire 552 

No. XLVI II. Delaware — New Castle and the 

Whorekill, Proposals of Captain John Carr and 

Orders thereon 558 

No. XLIX. Delaware — Land Grant to James Mills. 567 
No. L. Long Island — Lands of the Matinicock 

Indians, Town of Hempstead, Thomas Terry, 

John Paine, etc 569 

No. LI. New York City — Lutheran Church and 

Rev. Jacobus Fabricius 585 

No. LII. No Mans Land (Isle of Man) — Grant. . . 590 
No. LIII. Council Business, July 8, 1671 — Omitted 

from the Minutes 591 

No. LIV. Delaware — Matiniconck Island, Indian 

Depredations 593 

No. LV. New York City — Affairs of the Ship 

"Expectation" 612 

No. LVI. Delaware — The Sloop "Royal Oak," 
Thomas Lewis, Master, permitted to Trade on 
the Delaware River 616 

No. LVII. New York City — Dutch Reformed 

Church 617 

No. LVIII. Gravesend — Neglectful in erecting 

Town Fences 618 

No. LIX. Brooklyn — Confiscated Land of Charles 

Gabry 619 

No, LX. Brooklyn — Fredrick Lubbertsen vs 

Michiel Heynelle 629 



viii Table of Contents 



Page 

No. LXI. New York City — Rev. Jacques Roullaud 

and French Protestants 631 

No. LXII. New York City — Proclamation about 

unfenced Lots 632 

No. LXIII. New York City — Third Company of 

Foot established in the Militia 633 

No. LXIV. New York City — New Troop of Horse 

raised 636 

No. LXV. Flatlands — Estate of Balthazar de 

Vosch 638 

No. LXVI. Bond of Thomas Walker, Commander 

of the Ship "Batchelours Delight" 643 

No. LXVII. Westchester — John Pell vs John Rich- 
bell about Boundary and Trespass 647 

No. LXVIII. New York and Massachusetts Bound- 
aries 662 

No. LXVIII(a). Maspeth Kills — Confirmation of 

Land to Hendrick Jansen 666 

No. LXIX. Schenectady — Dispute among the Tap- 
pers 667 

No. LXX. Delaware — Encroachments from Mary- 
land, Newcastle erected into a Bailiwick, 
Fortifications, Whorekill Affairs, etc 669 

No. LXXL Long Island — Commissioners for Indian 

Affairs 684 

No. LXXII. Oyster Bay — Regulation of Whaling. 687 
No. LXXIII. Delaware — Expedition of Governor 

Lovelace for Settlement of Affairs there 688 

No. LXXIV. Navigation Laws and Transatlantic 

Shipping 694. 



Table of Contents ix 



Page 

No. LXXV. New York City — Repair of Fort James 

and War Rumors 699 

No. LXXVI. Correspondence between Lovelace and 

Leverett 712 

No. LXXVII. New Jersey Rebellion — Lovelace and 

Captain James Carteret 715 

No. LXXVIIL Prudence Island — Controversy over 

Jurisdiction and John Paine 725 

No. LXXIX. War declared with Holland 737 

No. LXXX. Schenectady — Trading with Indians . . 748 

No. LXXXI. Mam aronec k — John Richbell and 

his Tenants 749 

No. LXXXII. Fordham Manor — Disturbance led 

by John Pietersen 750 

No. LXXXIII. Newtown — Divorce of Thomas 

Petitt 751 

No. LXXXI V. Albany — Repairs in the Fort 752 

No. LXXXV. Southampton — John Jennings and 
William Jane vs John Cooper, for Defamation 
of the Government 752 

No. LXXXVI. Albany — Murder of John Steward, 

of the Garrison, by Indians 756 

No. LXXXVII. Fox-Hall Manor and Captain 

Thomas Chambers 759 

No. LXXXVIII. New York City — Benjamin John- 
son, Thomas Faulx and Roger Essex, Prisoners. 761 

No. LXXXIX. Estate and Debts of Nicholas 

Davis 773 

No. XC. Peter Groenendijke, alias Smith — Seduc- 
tion and Breach of Promise 789 



Table of Contents 



Page 
No. XCI. New York City — Cure-Master and 

Gauger, and Packer 79° 

No. XCII. New York and Boston Post 794 

No. XCIII. Yorkshire — Holding of Courts 796 

No. XCIV. Yorkshire — Captain John Manning, 

High Sheriff 798 

No. XCV. Daniel Lane of Brookhaven — Incest and 

Confiscated Estate 800 

No. XCVI. Kingston — Estate and Debts of Reyner 

vander Cooley 801 

No. XCVn. New York City — Isaac Bedlow, Cap- 
tain of Foot Company 804 

No. XCVIII. Albany and Kingston — Excise 805 



ILLUSTRATIONS 



Portrait of Cornells Steenwijck, with an Inset View of New 
Amsterdam Frontispiece 

He was mayor of New York City from August, 1668, until October, 1670; 
became a member of Governor Lovelace's Council, and altogether was one 
of the leading men in the province during this administration. From 
the original painting in the possession of the New York Historical Society, 
through whose courtesy it is reproduced here. 

Petition of Richard Smith, Founder of Smithtown, Long 
Island, to Governor Lovelace, September 6, 1671, on his 
Boundary Dispute with the Town of Huntington over Nesa- 
quake Lands Opposite p. 434 

Autographs of Captain John Carr and other Leading Men at 

the Delaware Opposite p. 498 

Original Size. 

Draught of Matinicock Lands as interpreted by the 
Indian Sachem, Tackapouche, March 22, 1667/8 

Opposite p. 569 

From Land Papers, vol. i, p. 30, in the office of the Secretary of State. 

Declaration by Thomas Terry concerning Matinicock Land 
Opposite p. 572 

Signatures of Commissaries and Magistrates at the Dela- 
ware Opposite p. 603 

Second Page of Captain John Carr's Letter to Governor 
Lovelace, November 27, 167 1 Opposite p. 608 

Bond for Payment of Confiscated Land in Brooklyn, January 
25, 1672/3 — In Dutch Opposite p. 625 

Second Page of Captain Edmond Cantwell's Letter to 
Governor Lovelace Opposite p. 683 

First Page of Subscription List for the Repair of Fort James, 
New York City, July, 1672 Opposite p. 704 



XI 



xii Illustrations 



Letter from John Paine to Governor Lovelace 

Opposite p. 726 

An Early Jury Panel Opposite p. 766 

Form of Indictment of Thomas Faulx. . . . Opposite p. 769 
Original Warrant for the Arrest of Daniel Lane, with Auto- 
graph of Governor Lovelace, and Seal. . Opposite p. 801 
Map entitled: Totius Neobelgii Nova et Accuratissima 
tabula, with an Inset View of New York, published at 
Amsterdam, by Carolus AUard In Pocket 

From an original exemplar of the engraved map in Harvard College 
Library, through whose courtesy it is reproduced here for the first time in 
exact size. The map is an amplified copy of the Nicolas J. Visscher proto- 
type, which was first published by Visscher at Amsterdam, about 1655, 
and which persisted for nearly a century under other names. The Allard 
map has additional or changed place-names, e.g. " Schenechtade " (founded 
in 1662), " Wiltwyck ats Kingstoun " (renamed in 1669), " Maerbeltown " 
(erected in 1669) and Philadelphia (laid out in 1682). It is found as one 
of the maps that comprise Allard's Atlas minor, published compositely at 
Amsterdam about i6g6, it is supposed, because three other maps in the 
volume bear that date. 

The engraved view of " New Amsterdam lately named New York " 
represents the third known type and makes its first appearance on this 
Allard map. It was reissued, subsequently, by Seutter and by Reiner and 
Joshua Ottens in atlases published by them. Asher supposed that this 
view was engraved by Romeyn de Hooghe and it is believed to be a copy 
from an original sketch made not later than 1670. Another view of the 
town, also published by Carolus Allard, appears in his Orbis habitabilis 
oppida et vestitus, published at Amsterdam, about 1690. 

The earliest engraved view of New Amsterdam, representing the settle- 
ment as it appeared about 1630, is found on p. 21 of Beschrijvinghe van- 
Virginia, Nieuw Nederlandt [etc.], published at Amsterdam by Joost 
Hartgers, in 1651. It is type No. i and appeared again on p. 9 of the 
first edition of Adriaen vander Donck's Beschryvinge van Nieuw Neder- 
lant (Amsterdam, 1655). The second type of an engraved view is an 
inset on the Nicolas J. Visscher map of about 1655, and pictures the town 
about 1640. Mr. J. H. Innes supposes that this view was derived from a 
sketch by Augustine Heerman. A section of the map and a poor copy of 
the view form a folded plate in the second edition of Vander Donck's 
booklet, published in 1656. This view also persisted for some time. 
Ogilby (1669) and Montanus (1670) give nondescript copies of it, and there 
are others. The Allard view, as already stated, forms the third engraved 
type. 



COLLATERAL AND ILLUSTRATIVE 

DOCUMENTS 

XX— XCVIII 



I5i] 



Collateral and Illustrative Documents 387 



No. XX. 

ALBANY — CAPTAIN JOHN BAKER. 



Instructions for Cap" John Backer ^^j.^'J* 
[sic] for y' well regulating of y' (RYSL) 
Militia and other Affaires at 
Albany.' 



1 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 follow 
yo*" owne humo'' but my ord" 

2 You are to keepe a Constant guard in y* Fort: But since 
there is not Evident danger of Force or Surprisall, you may 
lessen the duty of y* Sould'% whereby they may haue liberty 
to advance them selves by worke or trade. 

3 You are to keepe good ord"" and discipline with y* 
Sould" not lending to easy an eare to their Complaints 
against their Land Lords; But where you find the Comp" 
reasonable you are to make it knowne to y^ Comissaryes, 
who are Empowred to giue redresse therein against their 
Land Lords or any other Inhabitants who shall offer violence 
of Iniury to the Sould" 

4 If any of y' Inhabitants made a iust Complaint against 
a Sould"' the punishment of y* Sould*^ belongs onely to yo' 
selfe. 

5 In matters Capitall or treatyes with y* Indians, you are 
to sitt in y" Fort with y' Schout and Cofnissaryes as y* upper 
Co" whereof you are to bee president and upon Equall 

» Another record of these instructions, without date, is in Nev York 
Colonial Manuscripts, vol. 23, p. lo. 



IMS 
August 



388 Province of New York [5i] 



®l7^" ^ division of voices, to have the Castinge and decisiue voyce: 
(HYSL) But in the Ordinary Co"^ for Civill affaires you haue nothing 

1668 ^^'^^^^ 
August 6 You are to give the word to y* Militia offic' of y* Towne 

and Especially when any Report is brought of any danger 

to Cause more strickt guards to bee kept. 

7 You are to keepe a faire Correspondence with y* Comis- 
saryes and toward all the Inhabitants and Endeavo' to live 
as Brothers together. Avoiding all occasions of Publick 
Controversy or falling out: But if you haue any greevance 
make it knowne calmely without heate or passion to y" 
Court; And if they doe not give redresse you are to remitt y* 
matter to mee as it was delivered to y^ Co" 

8 Lett not yoT eares bee abused with private Storyes of 
y* Dutch, being disaffected to y' English, for generally wee 
cannot expect they love us; But when you haue any sufficient 
Testimony against any Dutchman of words or Actions tend- 
ing to y* Breach of Peace or scandalous defamacon, deliver 
over the testimonyes to the Comissaryes, from whome I 
expect Justice shall bee done. 

9 You are to Cause the guard house to bee repaired, as 
also other necessaryes repaires to bee made, with as little 
expence as is possible, knowing the narrowness of our present 
Condi con. 

10 You are to receive the third of y* Fines from y* Scout 
as they are establisht under my hande as also to Continue 
the practise of giving ticketts for Entryes of goods upon 
Sloopes as formerly not to encrease the Rates but by each 
Sloope sende y' Entry signed with yo'' hand to M*^ van Ruyven 

11 If it shall at any time happen that y^ Indyans comitt 
any violence at or neare Albany, you are to Joyne in Councell 
with y* Comissaryes, what is best to bee done till my further 
directions can bee knowne. 



Collateral and Illustrative Documents 



389 



12 I haue taken that Care for y^ provisions that you shall 
not meddle further therein. 

13 You are from time to time as occasion presents in 
Company with y^ Comissaryes to give Audience to y* 
Sachem of All nations: And after advice with y° Comis- 
saryes, returne them answers, suitable to their proposalls. 
You are to receive their presents: And make them presents 
at yo' owne Charge. 

14 You are to receive from y' Pachter of y' great Accise 
two hundred guild"^^ Seawan for y* firinge of yo"^ house the 
Commissaryes will pay the heiringhe of y" Scowe alone 
without hands for yo'' use twice in y^ yeare 

15 There are some Sould" who haue undertaken to furnish 
the Guard and Sould'^ quarters in Towne with sufficient 
firewood yearely for Six hundred guild" Seawan the Comis- 
saryes will lende them y"^ Scowe six times at their Charge 
But y^ Sould";"* are to man y^ Scowe 

16 You are to see that those bedds and appurtenances, 
which were delivered to you bee distributed amongst y° 
Sould*^ according to their numbers bee not any wayes 
embezeled nor abused by them since an ace' will be required 
from you of them. 

17 You are as often as occasion presents to send to mee, 
to giue an ace' of y* State of all affaires and transactions 
with you: And in Case of great importance and imergences, 
you are to sent expresse Messengers either Christians or 
Indyans according to y*" Seasonableness of the yeare by either 
of w'^'' that can perform the yourney [sic] best. 

18 And forasmuch as it appeares evident to mee that 
severall Comp"^ being exhibited against the Burgers of this 
Towne whereof some of them are very meane in their nature, 
others of some yeares standing all tending but to y' unsettling 
of mens mindes: And rising up those Seedes of distrust and 



O. W. L. 
2: 229 

(NYSL) 

1668 
August 



390 



Province of New York 



o, w. L. 

2: 229 

(NYSL) 

1668 
August 



Jealousie amongst us, which aboue all things ought princi- 
pally to bee avoyded: My will and pleasure is that to this 
present there bee a Generall Amnistia and Oblivion And for 
y* future that no Complaints bee brought before mee but 
such as are of High nature and the proofes grounded upon 
sufficient Testimonyes and to referre Crimes, of smaller 
nature to y^ Comissaryes before whome they properly lye. 

These Instructions were given at Albany by both the 
Governo" in August i668.» 



No. XXI. 

KATHERINE HARRISON AND WITCHCRAFT AT 
WESTCHESTER. 



c. A. 
2:563 

(ISTYSL) 

1670 
July? 



An Ordr for Katherine Harrison to 
Remove from Westchest'' 

Whereas Complaint hath beene made unto me by y": 
Inhabitants of Westchest- ag^ Katherine Harrison late of 
Wethersfeild in his Ma""^ Colony of Conecticott widdow. 
That contrary to y? consent & good liking of y"- Towne she 
would settle amongst them, & she being reputed to be a 
person lyeing und^ y': Supposicon of Witchcraft hath given 
some cause of apprehension to y^ Inhabitants there, To y^ 
end their Jealousyes & feares as to this perticuler may be 
removed, I haue thought fitt to ordr & appoint that y? 
Constable & Overseers of y^ Towne of Westchest^ do giue 
warning to y'' said Katherine Harrison to remove out of 

' This seems to be the only known official instrument in which NicoUs and 
Lovelace acted jointly, on the eve of the departure of the former from the 
province. 



[xxi] Collateral and Illustrative Documents 391 



their p''cincts in some short tyme after notice giuen, & they C. A. 
are likewise to admonish her to retorne to y": place of her (NYSL) 



1670 



former abode, that they nor their neighbours may receiue 

no furth^ disturbance by her, Given undt my hand at fFort July 7 

James in New Yorke this 7*-*' day of July 1670. 

[Francis Lovelace.] 



An Ord^ for Katherine Harrison ^* ^ 

2:577 
& Capt" Richard Panton to (HYSL) 

appeare at y" fFort before 

y* Governor 

Whereas Complaint hath beene made unto me by v": . ^^7° 

. . . Aug. 20 

Inhabitants of Westchest^ ag' Katherine Harrison widdow 

That she doth neglect to refuse or obey my late Ord^ con- 
cerning her removall out of y^ said Towne, These are to 
require yo" that yo" give notice unto y^ said Katherine 
Harrison as also unto Capt" Richard Panton at whose 
house she resydeth, That they make their personall appear- 
ance before me in this place on Wednesday next being y' 
24'.*' of this Instant month, when those of y^ Towne that 
haue ought to object ag' them doe likewise attend, where 
I shall endeavor a Composure of this difference betweene 
them. Given und^ my hand at ffort James in New Yorke 
this 20'?" day of August 1670. [Francis Lovelace.] 

To y*; Constable of 
Westchest^ 

A warrant to y". Constable of West- C. A, 
•' 2 : 584 

-chests to take an Account of y? (NYSL) 

Goods of Katherine Harrison. 

These are to require yo" to take an Account of such Goods .^^^o 
as haue lately beene brought from out of his Ma*'?^ Colony 



392 



Province of New York 



C. A. 

3:584 
(HYSL) 

1670 
Aug. 35 



of Conecticott unto Katherine Harrison, & having taken a 
Note of y" ^ticulers that yo" retorne y? Same unto me for 
y'. doeing whereof this shall be yo' warrant, Given und' 
my hand at fFort James in New Yorke this 25'!* day of 
August 1670 

[Francis Lovelace.] 
To y* p'^sent Constable 
of Westchester. 



C. A. 

3:585 

(HYSL) 



An Ord' concerning Katherine 
Harrison. 



1670 
Aug. as 



Whereas seuerall Adresses haue beene made unto me 
by some of y^ Inhabitants of Westchest^ on behalfe of y^ 
rest desiring that Katherine Harrison late of Wethersfeild 
in his Ma''?'' Colony of Conecticott widdow at p'^sent 
residing in their Towne may be ordered to remove from 
thence & not permitted to stay w'^'in their Jurisdiction upon 
an apprehension they haue of her grounded upon some 
troubles she hath layne undr at Wethersfeild upon suspition 
of Witchcraft, the reasons whereof do not so clearely appeare 
unto me, Yett notw^'standing to giue as much satisfaction 
as may be to y"; Comp"^ who p'tend their feares to be of a 
publique Concerne, I haue not thought fitt absolutely to 
determyne y^ matt^ at p'^sent, but do suspend it untill y? 
next Geni' Co"? of Assizes, when there will be a full meeting 
of y* Councell & Justices of y' peace to debate & conclude 
y* same. In y^ meane tyme y". said Katherine Harrison w'!* 
her Children may remaine in the Towne of Westchest' where 
she now is w"'out disturbance or molestation, she having 
given sufficient security for her Civill carriage & good 
behaviour. Given und^ my hand at flFort James in New 



ISi] 



Collateral and Illustrative Documents 



393 



Yorke this 25"" day of August in y^ 22'.'' yeare of his Ma"."* 
Raigne Annocp Domini 1670. [Francis Lovelace.]' 



An Order for y' Widdow Harryson. 

Whereas I am given to understand that one ffrancis 
Yates of your Towne haveing gotten into his Hands severall 
Papers and Writeings in Trust belonging to the Widdow 
Katherine Harryson now resideing amongst you, & upon 
severall p'^tences (though it may be very frivolous) doth 
detaine them contrary to her good Will & likeing; These 
are to require you that you forthw'*' demand & cause y° 
said ffrancis Yates to deliver unto y^ said Katherine Harry- 
son or her Order all Papers or Writeings left by her in Trust 
with him, or that hee Hath otherwise contrived of hers into 
his Custody; And that you render Acco' hereof speedily 
unto mee. If y'' said Robert Yates hath any p'^tences of 
Debt, Acco' or Damage, against y" said Katherine Harryson, 
y" due Course of y° Law ought to be prosecuted, & noe 
person allowed to be Judge in his own Cause. Given under 
my Hand at ffort James in New Yorke this 7"' day of Aprill. 
1671. 

[Francis Lovelace.] 
To y" Constable & Overseers 
of West-chester. 



C.A. 

2:585 

(NYSL) 

X670 
Aug. 25 

C.A. 
2: 670 

(NYSL) 

1671 
Apr. 7 



[Lovelace to the Constable of Westchester.] 

Whereas I am given to Vnderstand y' upon pretence of 
Moneys due from y* Widdow Harryson for y* Portion of 

' Katherine Harrison, having been bound over to appear before the General 
Court of Assizes, held in the city of New York, was by an order of that court 
on October 7, 1670, released from her bond and given liberty " to remaine in 



C. A. 

2: 691 

(NYSL) 

1671 
May 19 



394 



Province of New York 



rNo. 



C. A. 
2:691 

(NYSL) 

1671 
May 19 



one of her Daught" marryed to one of y* Sons of Thomas 
Hunt Sen% you have layd an Attachm* upon her Goods as 
shoe was about to remove them from yo"' Towne, as also 
upon y" Boate of Theophilus Ellsworth who was hired to 
Transporte them; y^ w'^'' is contrary to Law for any Con- 
stable without a Justices Warrant, to Attach upon y*" Acco'^ 
of Debt above y'' valine of ffive pounds. And it appearing 
not that shee hath made any Engagement to pay any Suirie 
of Money to her Daughter in Marriage with her Husband, 
& doth tender Security to make Answer to y'' Suite of y* 
said Thomas Hunt & his Son; These are to require you if 
it appeare as is informed, that you forthwith release both y* 
Goods & Boate under Attachm', takeing M' ffrench his 
Engagement that y'' said Widdow Harryson by her selfe or 
Attorney shall make Answer to their Complaint at y® next 
Court of Sessions to be held at Jamaica for y'' North-Rideing 
if any suite shall legally be Coirienced against her. Given 
under my hand at ffort James in New Yorke this 19"" day 
of May 1671. 

[Francis Lovelace.] 
[To the Constable of Westchester.] 



6. R 

4:8 

(NYSL) 



1671 
July 19 



A Warrant on y* behalfe of y* 
Widdow Harryson &c: 

These are to require you to aid & Assist Katharine Harry- 
son Widdow, or whom shee shall Employ in makeing Enquiry 
after & findeing out such Goods as belong to her; y" w'^'' 
(if found) you are to cause to be delivered into y^ possession 
of, or to whom shee shall appoint, for y^ doeing whereof 

the Towne of Westchester, where shee now resides, or any where else in the 
Governmt dureing her pleasure," as nothing appeared against her. — Court 
of Assizes, vol. 2, pp. 238, 239, 255. 



[A°n1 Collateral and Illustrative Documents 395 



This shall be your Warrant. Given under my Hand at G. E. 

fForte James in New Yorke this ig'*' day of July. 167 1. (NYSL) 

fFran: Lovelace. 

1671 
To any of y'' Constables or other July 19 

Offic" upon Long Island or 

other parts within this Governm* 



No. xxn. 

LAND OF MARITIE DAMEN AT CANESTAGIONE. 



An Ordr for Maritie Damen quietly C. A, 
to possesse her Land at Albany.' (nysl) 

Whereas Maritie Damen v'' wife of Corneliis van Nes of '670 

■^ -^ _, June 8 

Albany did obtayne a Patent from my Predecessor Co? 

Richard Nicolls for a certaine peice of Land called Canes- 
tagione, y^ w'^^ seuerall persons as I am informed who 
haue since purchased Land neare unto it, upon p'^tence of an 
Ord^ that all those Lands should be layd out & devided into 
Lotts doe giue out that they will w^'out y^ Consent of y* 
Owner divide & cast Lotts for y^ same although she bee 
willing of her selfe to obey y" ordr made concerning y^ Erect- 
ing of houses in a Neighborhood, These are to require all 
persons whome this may Concerne That they forbeare 
giuing any molestation or disturbance unto y? said Maritie 
Damen in y'' Enjoym* & possession of her said Land upon 
any p'^tence whatsoever, but that all matters relating there- 

' The place in the original heading is an error for Canestagione. Her 
Albany house-lot was not involved in the case. 



396 



Province of New York 



[^ 



C. A. 

3:546 
(IIYSL) 

1670 
JnseS 



unto doe remaine as they are untill I shall come up my selfe 
or send some persons to giue ord^ therein as y"; nature of y? 
Cause shall require, Given undr my hand at fFort James in 
New Yorke this 8*^ Day of June 1670. 

[Francis Lovelace.] 



G. E. 

4:283 

(RYSL) 



A Confirmation of an Island unto Jan Clute, 
w"^ hee bought of Helletije Cornelisse. 



1671 
Aug. * 



Whereas Helletije Cornelissen hath sold & transported 
unto Jan Clute all her Right, Title & Interest to a certaine 
Island in the Maques River near Canestagia called the 
Great Irland, together with the Patent shee obtained for it of 
my Predecessor Colt: Richard Nicolls, I doe by these Presents 
Ratify & Confirme the same unto the said Jan Clute his 
Heyres & Assignes forever: Together w*"^ the six Morgan of 
Land Ordered by my Approbation unto the said Jan Clute 
out of Maritien Damens Land; for the which shee is to have 
the Consideration agreed upon, as more particularly [sic], 
as more particularly is sett forth in the Prothocoll or Records 
of the Commisraries at Albany. And whereas y^ said Jan 
Clute & Herman Vedder hath likewise made Purchase from 
the Indyan Proprieto" of a certaine small Island in the 
same River, having to the East the great Island afore- 
mentioned, (a Kill running between them) on the Southside 
the Main Land, on the West & North the River, w"" which 
it is surrounded. And the said Jan Clute having by Agreem* 
procured y" Interest of Herman Vedder, soe that it wholly 
appertaines to him; By Vertue of the Commission & Author- 
ity unto mee given by his Royall Highnesse, I doe also 
Ratify & Confirme y* said Island & Premisses to the said 
Jan Clute his Heyres & Assignes forever. Given under 



[mh] Collateral and Illustrative Documents 397 

my hand & Scale at fFort Albany this z"^- day of August ®; ^• 

in y^ 23*? yeare of his Ma''." Reigne, Annoq? Domini (NYSL) 

^671- ,671 

ffran: Louelace. Aug. 2 



No. XXIII. 

NEW YORK CITY — PENALTY FOR STEALING 
CANOES AND BOATS. 



An Ord'^ concerning y*. Stealing of c, A. 
Canoes. (HYSL) 

Whereas Divers persons do p'sume to take or Steale away J^/"- 
Canoes as they are fastned by y^ water syde, & many tymes 
to cutt painters & other Cordage belonging to boats or 
Vessells in y1 harbour, Contrary to y^ Ord"? heretofore 
made by y^ Mayo^ & Aldermen of this Citty of w"'.'' many 
Comp'" haue beene made unto me & Redresse desired 
therein, I haue by & w"? y' advice of my Councell thought 
fitt to publish & declare, That what ^son or ^sons 
Soever shall henceforth steale or take away any Canoe or 
boate fastened by y^ water syde or at Anchor in y^ River or 
shall Cutt any Painter or Cordage belonging to any boat or 
Vessells in this harbour or elsewhere w'^'in y^ Governm' 
The ^son or ^sons so offending shall be lyableto a Severe 
fyne Inprisonem' w"'out bayle or Mainprise or Corporal! 
punishm' according to y* Demeritts of y": fact. Given 
und' my hand at ffort James in New Yorke this 5''' day 



398 



Province of New York 



[xxivj 



C. A. of Novemb' in y? 22*^ yeare of his Ma"?* Raigne Anno(p 
(HYSL) Dnj 1670. 

[Francis Lovelace.] 
loT. 5 To y' MajroT & Aldermen of this 

Citty to cause this OrdT forthw'^ to 
be publisht at y*. Statehouse. 



No. XXIV. 

WHOREKILL, DELAWARE — ABOLITION OF THE 

CUSTOMS. 



C.A. 

3:480 
(HYSL) 



1669/70 
Mar. IS 



An Ord' for Capt° Martyn Cregier to receiue y* 
custome for all European goods imported at y* 
Hoare Kill (vizt) 10. p Cent. 

Whereas I am giuen to understand that all European 
goods imported at y' Hore kill in Delaware bay did here- 
tofore pay custome at y'' Rate of 10. p Cent & all furres 
or Peltry Exported from thence y* same Rate, w^*" turned 
to some advantage towards y^ support of y* Governm', Upon 
mature advice & consideration had hereof I haue thought 
fitt to renewe y" former Custome, & do therefore hereby 
ord^ & appoint Capt° Martyn Cregier who is a person well 
verst in y* Trade of those partes & very well knowne to y* 
people there both Christians & Indians to be receiuer & 
collector of y' customes at y' Hore kill, where by himselfe 
or his deputy he is to receiue 10. p Cent of all European 
goods imported there wheth' comeing from this place 
Newcastle in Delaware or any other parte, & Tenne per 
Cent also for all furres or Peltry Exported from thence 



[xHv] Collateral and Illustrative Documents 399 



according to former custome & usage on that behalfe, & all C. A. 
persons whatsoeuer trading thither or from thence to any (HYSL) 



1669/70 



other place are to take notice hereof & to obey this my Com- 
mission und'' y" penalty of confiscation of their goods if MaZ'is 
they shall presume to doe otherwise The said Capt" Cregler 
standing obliedged to be answerable here for all such custome 
as shall be receiued by himselfe or Deputy there, of w^'^ he 
is to render unto me a due & Exact Account, Given und' 
my hand this 15''' day of March in y" 22"' yeare of his Ma?'** 
Raigne Annocp Domini 1669. [Francis Lovelace.] 

An Abolition of a Late Ord' for C. A. 
y* Customes at y' Whore kill, (h'ysl) 

Whereas I Received a Petition from y^ Inhabitants at y^ o^^'" 
Whore kill in De la ware Bay wherein is represented unto 
me y". great Inconvenience of y* late Imposition of 10. ^ 
Cent upon all furres & peltry Exported from thence. The 
w"^.*" hath no way redounded to a publique good as was 
proposed, but on y* Contrarye in Some short tyme might be 
j". Occasion of y' losse of Trade there. Upon due & mature 
consideration had hereupon by & w'^ y'. Advice of my 
Councell & in compliance to y* Petition and request of y". 
Inhabitants as well as for an Encouragem' unto them I 
have thought fitt to remitt & abolish y^ late ord^ for Customes 
there. Giving and graunting unto them y*: Same priviledges 
& libertye they had formerly, provided it doth not extend to 
y? abuse of selling too great quantityes of Liquors to y'- 
Indians, nor any way to p'^judice their neighbo" of New 
Castle upon w"^.*" place they are to haue their dependance. 
Given und^ my hand & sealed w'!' y° Scale of y' Province 
this 22'^ day of Octob^ in y* 22**! yeare of his Ma'"" Raigne 
Annocp Domini 1670. [Francis Lovelace.] 



4CX) Province of New York [xxv] 



No. XXV. 

NESAQUAKE LANDS CONTROVERSY — RICHARD 

SMITH vs THE TOWN OF HUNTINGTON, 

LONG ISLAND.' 



^?ly\ Entred for M' Smith of Nesaquake, this 

(Sec. State) Indyan Deed, the z"^ day of March 1666. 

1650 Articles of Agreem', betweene Naseconseke, Sachem of 

and Nesaquanke of the one part, and Edmond Wood, Jonas 

May 28 Wood, Jeremy Wood, Timothy Wood, and Dan" White- 

Recorded head, of the other, and Stephen Hudson. 

x666/7 This Writing wittnesseth That I Nasseconsack, Sachem 
Mar. 2 ° ' _ 

of Long Island, do sell and make over to the aforesaid 

' The controversy between Richard Smith, founder of Smithtown, L. I., 
and the town of Huntington about jurisdiction over the Nesaquake lands is 
very intricate. Accordingly, a large body of records is presented in this 
group, including the proceedings in the Court of Assizes. On March 27, 
1666, Matthias Nicolls wrote a letter to the Constable and Overseers of Seatal- 
cott (Brookhaven), on the order of Governor Nicolls, and in behalf of Smith, 
stating that the governor had confirmed the agreement between Connecticut 
and Smith as to the Nesaquake lands and for which Governor Nicolls had 
granted Smith a patent " with the Priviledge that it shall bee free from all 
Rates and Taxes, from the first Settlement, untill a certaine Terme of yeares 
shall bee expir'd as in the Patent is exprest," and qualifying the same as 
meaning " from y^ Time of his [Governor Nicolls's] arrivall here [New York], 
untill such a Time, the Land shall bee free." — Ordert, Warrants, Letters, 
vol. 2, p. 34. A few days later, on April 3, Matthias Nicolls informed Smith 
that it was the governor's pleasure " the Time of yo'' Lands at Nesaquank, 
being free from Rates, shall begin onely from the day of the date of your 
Patent, And what you have beene Assessed before for those Lands, is to bee 
paid to the Officers Empowred by the Law to receive it." — Ibid, p. 40. In 
an agreement entered into between the town of Seatalcott and Smith, on 
April 15, 1666, it was provided that " nothing in the said Patent exprest, 
shall hinder y" said Rich'^ Smith from Trying his Title at Law, to any Land 
that now is, or hereafter may bee in question betweene him and the Towne 
of Seatalcott, or any others." — Ibid, p. 42. 



[xxv] Collateral and Illustrative Documents 401 



^ties, Edmund Wood, Jonas Wood, Jeremy wood, Timothy Deeds 
wood, Stephen Hudson and Daniell Whitehead, a certaine (Sec. State) 
quantity of Land, beging at a River called, and comonly 
knowne by the name of Nesaquanke River, And from that Sept. 29 
River, Eastward to a River called Memenusack, lying on y^ 1663 
North side of Long, and on the South side from Conecti- ^^^_£* 
cott, foure Necks westward, promising, and by vertue of ^®5?I^®"* 
this Writing do promise, that the aforesaid ^tyes, shall Mar. a 
quietly Possesse and Enjoy, the said quantityes of Land, 
w^'out any trouble or disturbance, from any other Indyans 
whatsoever. In consideracon of which Land, wee the afore- 
said ^ties do promise to Pay unto the aforesaid Naseconsake, 
Six Coates, Six fFathom of Wampome, Six Howes, Six 
Hatchets, Six Knives, Six Kettles, one hundred Muxes, to 
bee paid, on or before the 29'*^ of September 1650; In witt- 
nesse whereof, wee have sett to Our hands 

Nasconseck X his Marke. 

Wegatus X his Marke. 
The Sachems Jetes X Marke 

for Gacus 
The Sachem for Ooninecus X 
Matacis X his Marke. 
This is a true Copy of y' Originall, 
perused by us 
Jonas Wood, 
Tho: Weekes' X his Marke. 

I Jonas Wood, do hereby Testify, That I, and Jeremy 
wood, and Daniell Whitehead, went to view the foure Necks 
of Meadow, lying westward from Conecticott River, mentiond 
in the Bill of Nessaquanks Purchase, and there lived an 
old Homes and his Sonne, whose name was Wanequaheag, 

•Thomas Wilkes. 

[26] 



402 Province of New York [Sv] 

Deeds yvho owned those Necks, and wee told them that Nasconsak, 
(Sec. State) had undertaken to sell us those foure Necks, and they seemed 
very willing. 

Jonas Wood. 
May 28!" 
1663. 

Deeds Articles of Agreem- betwixt Rasaocon, Sagamore 

(Sec. State) tt • of Matinnicock, of y^ one party, and Richard 

° " Holbrooke, Robert Williams & Dan: Whitehead, 
of the other party wittnesseth as foUoweth. 

1653 Know all men, whom this p'^sent writing, may any way 
concerne, That I Rasaocon, do Sell and make over unto the 

1667 aforesaid Partyes (vizt) Rich"^ Holbrooke Robt Williams 
and Dan Whitehead, their Heires, Executo" or Assignes a 
certaine quantity of Land, lying and being upon Long 
Isld Bounded upon the west side, with a River cofnonly 
called by the Indyans Naccaquatack, and on the North side 
with the Sea, and going Eastward to a River called Oxeat- 
contijck, and on the South side, to the utmost part of my 
Bounds; Promising, and by vertue hereof, I do promise, 
to free the afore said Land, from all Title or Claime that shall 
bee made unto it, by reason of any former Act; In con- 
sideracon of w'^'' Land, the aforesaid Holbrooke, Robert 
Williams and Daniell Whitehead doth promise to pay unto 
the said Rasaocon, as foUoweth, six Coates, six Kettles, 
six Hatchetts, six Howes, six shirts, Ten knives, six fathom 
of wampome, thirty Muxes, thirty Needles: fFurther y'= said 
Rasaocon doth promise, to go or send some time in twenty 
dayes, to shew and marke out the Bounds, And in case it 
prove not according to expectacon, then this writing to bee 
void, and of non effect. But in case it bee, then this writing 
to stand in full force, power & vertue, wittnesse O'' hands y* 
2"^ of Aprill 1653. 



No. 1 



Collateral and Illustrative Documents 



403 



The Marke 
The Marke 
The Marke 
The Marke 
The Marke 
The Marke 
The Marke 
The Marke 
The Marke 
The Marke 
The Marke 
The Marke 
The Marke 
The Marke 
The Marke 
The Marke 
The Marke 
The Marke 
The Marke 
The Marke 
The Marke 
The Marke 
The Marke 
The Marke 



X 
X 
X 
X 
X 
X 
X 
X 
X 
X 
X 
X 
X 
X 
X 
X 
X 
X 
X 
X 
X 
X 
X 
X 



of y' Sagamore. Rich*' Holbrooke 

of Michama. his R Marke. 

of Honokes. Rotet Williams. 

of Syhar, Daniel! Whitehead. 

of Poynoypa. 

of Navamarawas. 

of Mahenas, 

of Onamycas 

of Monytong. 

of Poanepou 

Peweton. 

Nascovet. 

of Suauspack. 

of Nemapapam. This is a true Copy of y* 



Deeds 

a: 352 

(Sec. State) 

X653 
Apr. 2 

Recorded 

1667 

Hot. 2 



of Vampas. 
of Nasceke. 
of Yapacaman. 
of Seanomy. 
of Ancehepim. 
of Wercocem. 
of Winhampas. 
of Asgeloves. 
of Mamavam. 
of Tiompom. 



Originall Deedes, wittnesse 
our hands. 

Tho: Richards. 

Moses Johnson. 



Entred for the Towne of Huntington 

this following Indyan Deed, the (Sec. state) 
15'h day of October 1666. 



Deeds 
2:153 



This Indenture made in the yeare 1656, in or upon y" 
last day of July, betwixt Asharoken, Matinicock Sachem, 
and the rest of the Indyans, owners w*** him, on y* one part, ,ggg 
And Jonas Wood, William Rogers, Thomas Wilkes, for Oct. 15 



1656 
July 31 

Recorded 



404 Province of New York [ixvl 

Deeds themselves, and y^ rest of their Associates, on y° other part 
(Sec. State) wittnesseth. That I Asharocken, have sold unto Jonas 
Wood, Wittm Rogers, Thomas Wilkes, all the Meadow, 
July 31 ffresh and Salt, lying and being upon the North side of Long 
Recorded Island, from Our fformer Bounds, Cowharbour Brooke, to 
Octfis Nesaquacke River, all y^ Meadow w^'in these Bounds, 
west and East, and to the North Sea, to as farr as Asha- 
rockens Bounds, goeth Southwards, as the Neck called 
Eatons Neck, Crabb Meadowes, and all the rest of the 
Meadowes, w'4n y^ aforesaid Bounds, w'** all the Herbage 
that is, or shall bee hereafter, upon y' wood Lands w^'in 
the aforesaid Bounds, to bee the aforesaid Jonas'es, William 
and Thomas'es, to them and their Associates, Heires and 
Executo'''' for ever, reserving to the Indyans, Liberty to 
Plant and Hunt, w'^'in their aforesaid Bounds, And y' for 
and in consideracon of 2 Coates, 4 Shirts, li q'* of Liquo^ 
and 1 1 Ounces of Powder; In wittnesse whereof, wee have 
sett to Our hands. Jonas Wood. 

Asharocken X Marke. William Rogers 
Ahamah X Marke Thomas Wilkes. 

Syhar X Marke 

Roger X Marke Mohenes X Marke 

Poyneppa X Marke Mamarad X Marke. 

Mamarowes X Marke Manateonge X Marke. 

Deeds Recorded for the Towne of Huntington, 

(Sec! 'state) these following Indyan Deeds, the z^ 

day of November 1667. 

1656 This Indenture made in the yeare 1656, in or about the 

last day of July, betwixt Asharoken, Montinnicock Sachem, 

^^"667^*^ and the rest of the Indyans, owners with him, on the owne 
Nov. 2 part, and Jonas wood, William Rogers, Thomas Wilkes; 



Ho. 1 



Collateral and Illustrative Documents 



405 



for themselves and the rest of their Associates, on the other Deeds 
part wittnesseth; That I Asharoken, have sold unto Jonas (Sec. State) 
wood, v/illiam Rogers, Thomas wilkes, all the Meadow, 
fFresh and Salt, lying and being upon the North side of Long July 31 
Island, from Our former Bounds, Cowharbo'^ Brooke, to Recorded 
Nesaquack River, all the Meadow within those Bounds, west f(oj\ 
and East, and to the North Sea, to as farr as Asharokens 
Bounds goeth Southwards, as the Neck, called Eatons Neck, 
Crabb Meadowes and all the rest of the Meadowes w'^n the 
aforesaid Bounds, with all the Herbage that is or shall bee 
hereafter, upon the wood Lands, within the aforesaid Bounds 
to bee the aforesaid Jonas his, Wittms and Thomas his, to 
them and their Associates, heires and Ex^^ for ever; Reserv- 
ing to the Indyans, Lifey to Plant and Hunt, w'^'in the aforesd 
Bounds; And that for and in consideracon of two Coates, 
foure Shirts, Seven quarts of Liquo% and Eleven ounces of 
Powder; In wittnesse whereof, wee have sett to Our hands. 



Asherokenes X Marke. 
Mahamahs X Marke. 



Syhars X 
Rogers X 
Poyneipa's 
Mamarows 
Mahenes X 



Marke. 
Marke. 
X Marke. 
X Marke. 
Marke. 



Mamarod's X Marke. 
Manateonges X Mke 



Jonas wood 
W™ Rogers. 
The: Wilkes. 

A true Copy of y' Deed, 
wittnesse 

The A marke of 

Ambrose Sutton. 

The Marke O of 

Rich^ Bush. ' 



Huntington. 

This Writing, Testifyeth an Agreem* and Bargaine made, 

betweene Jonas wood of Huntington on Long Island, on 

the one party, and Mentaquet Sachem, the other party Recorded 

1667 

■ Richard Brush. Itor. a 



Deeds 

2:253 

(Sec. State) 

1657 
June 1 



4o6 Province of New York [xxv] 



Deeds Wittnesseth, That the aboue said Tonas wood, hath for him- 
2 : 253 . . ■' 

(Sec. State) selfe and the rest of his Neighbo" of Huntington, aforesaid, 

Bought five Necks of Meadow, lying next adjoyning to 
June I Messapeagus Sachems Land; And the abouesaid Jonas 
Recorded Wood, doth hereby engage himselfe, for and on the behalfe 
Ifov/z of his Neighbo^^ to pay, or cause to bee paid, unto the aboveid 
Sachem, of Meantauquett, twelve Coates, twenty Howes, 
twenty Hatchetts, twenty knives, ten pound of Powder, 
ten pounds of Lead, and one greate Kettle, and one Hatt 
p'sent in hand; And doth further promise, to give to y^ said 
Sachem, every yeare a Coate, for six yeares, next ensuing 
the date hereof; And the above said Sachem Wyandance, 
for and in consideracon of these above said goods, doth give 
full right and propriety, to the aforesaid Jonas and his Neigh- 
bo", and their heires for ever, to all the said five Necks of 
Meadow, and will free them from all Claimes& Titles, that any 
other may lay thereto; In wittnesse whereof, both ^tyes inter- 
changeably, put to their hands, this first day of June 1657. 
In y* p'sence of Wyandance X his Marke 

Lyon Gandenay.* Sachem of Maentaquit. 

Thomas Talmage 

Benjamine Price. 
In presence of This may wittnesse to all. That 

John Stickling. Kecoseacock the Sachem of 

Sam" fferman. Secoutoke, have resigned up 

as wittnesse all that right or Interest, hee 

The Marke A of might any wayes lay unto the 

Ambrose Sutton Necks of Meadow, expressed 

The O Marke of above in this writing, and do 

Rich'? Brush confirme the Bargaine and 

Sale of y^ Mantaukett Sa- 
chem, as wittnesse my mark 
Kecossechock X his Marke 

• Lyon Gardener. 



i 



[xxv] Collateral and Illustrative Documents 407 



August the 17"' 1658. Deeds 

untmgton. (Sec, State) 

Be it knowne unto all men, by this writing, That I Wayan- 

dance Sachem of Paumanake, or by y^ English called Long Aug. 17 

Island, Do by these acknowledge to have sold unto Henry Recorded 

Whitnee of Huntington, for the use of the whole Towne 1667I 
° Hov. 2 

of Huntington, I say I have sold to him for them, three whole 

Necks of Meadow Land, lying on the Southward side of 

their Towne, and westerly from the six Necks, which wee 

Bought before these three Necks of Mashapeake Land, I 

say I for myselfe & my heires, for ever, have sold as above 

mentioned, and have sent my Agent Checonoto, to deliver 

it upon condicons as followeth, first they shall pay, or cause 

to bee paid to mee, or my Assignes, these following goods 

punctually. That is first twelve Coates, each Coate being two 

yards of Trucking Cloath, twenty pounds of Powder, twenty 

Dutch Hatchetts, twenty Dutch Howes, twenty Dutch 

Knives, ten shirts, two hundred of Muxes, foure paire of 

hansome Stockings, one good Dutch Hatt, and a great faire 

Looking Glasse; And for Chicanoe for his Wages and going 

to marke out the Land, shall have for himselfe, one Coate, 

foure pound of Powder, six pound of Lead, one Dutch 

Hatchett, as also Sixteen Shillings in Wampome they must 

send by Chicanoe, w*^** being punctually paid, then shall I 

deliver this Deed, which shall bee for the free & quiet 

possession, of them & their heires forever; And in the meane 

time, it shall remaine in the hands of Lyon Gandon.' In 

wittnesse whereof, wee have here unto sett our hands, the 

day above written. 

Rich"^ Brush O his Marke. 

Wittnesse, 

Marke 

The A of Ambrose Sutton. 

■ Lyon Gardener. 



Mar. 6 



408 Province of New York bSv] 

Deeds March 6'*' This following Assignm' was Recorded for 

(Sec. State) 1 666. M'' Richard Smith of Nesaquacke. 

^^^2 Know all Men, by these p""sents. That I John Ogden, 

— Senio"", of Northampton, do Assigne, Alien and sett over, 

1666/7 unto M"' Thomas Matthew of Huntington, his Heirs, Execu- 
te" Adirito^ and Assignes, one Eighth Part of the Purchase 
of Nesaquake, being my Right in the said Purchase; In 
witnesse where unto, I have sett my hand the 2"^ March, 

Anno, 1658. 

John Ogden. 
Wittnesse 

Samuel! Clarke. 

Jonas Wood. 



Deeds This Deed was Entred for M' Rich'' Smith 

2 : 118-119 

(Sec. State) of Nesaquack, y® 3"? Octofer 1665. 

Easthampton July 14^*' 1659. 

1659 Bee it knowne unto all men, both English and Indyans, 

i66o espesially the Inhabitants of Long Island, That I Wyan- 

Apr. 6 dance. Sachem of Pamanack, with my wife and Sonne 

Tune Wyankanbone, my onely Sonne and heire, having deliber- 

atly considered, how this Twenty foure yeares wee have 

1665 been not onely acquainted with Lyon Gardiner, but from 
^ ' ^ time to time have received much kindnesse of him, and from 
him not onely by Councell and advice, in our prosperity, 
but in Our great extreamity, when wee were almost Swallowed 
up of our Enemyes, then wee say hee appeared to us, not 
onely as a fFriend, but as a ffather, in giving us of his money 
and Goods, whereby wee defended ourselves, and ransomed 
my Daughter and fFriends, And wee say and know, that by 
his meanes, wee had great Comfort and reliefe, from the 



[Sv] Collateral and Illustrative Documents 409 



most Hono^'® of the English Nation here about us, So that Deeds 

1111- 1 • '■ 118-119 

seing wee yet hve, and both of us being now old, and not (Sec. State) 

that wee at any time have given him any thing to gratify 

his Love, care and Charge, wee having nothing left that is July 14 

worth his acceptance, but a Small Tract of Land, w"^^ wee 1660 

desire him to accept of for himselfe, his heires, Executo*^, ' 

and Assignes for ever; Now that it may bee knowne how, J«ine 

and where this Land lyeth on Long Island, Wee say it lyeth Recorded 

betweene Huntington and Seataucut, the westerne Bounds Oct. 3 

being Cowharbour, Easterly Acataamunk; and Southerly 

Crosse y° Island to the end of y" great hollow or valley or 

more then halfe through the Island, Southerly, and that this 

is our fFree Act and Deed, doth appeare by Our hand Markes 

under written, Signed, Sealed and delivered in the p''sence of 

Richard Smith Wyandance X his Marke 

Thomas Chatfield. Wyankanbone X his Marke 

Thomas Talmage. The Sachems wife X her Marke. 

Moreover I vvyankanbone w*** my Mother do acknowledge 
to have sold to lyon Gardner above named, the next jacent 
Tract of Land Easterly, That is to say Nesequake River, 
and all the Land both Neck and Creekes, there unto belong- 
ing, and to rune paralel through the Island w"' the other, 
and have reed so much for it, as wee demanded, to our full 
content, so that, that land from Cowharbo"^ to Nesequake 
River w*'' the same River, belongeth to Lyon Gardner, his 
heires Executo", and Assignes for ever, this done by us this 
6"' of Aprill 1660, Wittnesse Our hands Markes & Scales, 
in y® puts of these. Wee say not onely the Land but all y' 
doth, or shall naturally grow thereon. 

Thomas Talmage Wyankanbone X his Marke 

Thomas Chatfield. The Marke of X his Mother 

Achemano X his Marke 
a wittnesse 



4IO Province of New York [Sv] 



Deeds M3 This right of Lyon Gardiner, was Assign'd over by his 
(Sec. State) Son Dav: Gardiner, to Rich"^ Smith of Nesaquanke, at 



Cont. 



South Hold, on the [blank] day of June 1665. 

Wittnesse Matth. Nicolls. 



Deeds Entred for M"" Richard Smith of Nessaquake, 

(Sec! state) this following Testimony the 28"" of 

September 1666. 

1663 Whereas the Indyans deny y° Sale of the South Meadowes, 

June 6 . . . 

etc. mentioned in the Bill of y'' Purchase of Nesaquack; These 

Recorded ^re to wittnesse, That I Jeremy wood was p''sent by the 

Seirt^^28 Company, and Asaconsake sent an Indyan w"" mee to him, 

that was said to bee the owner of that Meadow, So hee came 

downe w''' us to Nesaquake, and there hee Agreed to referr 

the Sale of those Necks of Meadow, to the Sagamore of 

Nesaquake, called Asaconsake, and so did all the rest of 

the Indyans; So wee Agreed w*'' Asaconsake for all their 

Land at Nesaquake, and those Necks of Meadow, and paid 

them for all, according to our Agreem*, as is mentioned 

in Our Bill of Purchase, June 6'.** 1663. 

Jeremy Wood X his Marke. 

Taken before mee, John Hicks 

To the Truth of this above written, I can, and will Testify 
if called there unto, wittnesse my hand 

Daniell Whitehead. 
Mashpath Kills the 13*'' 
of August 1663. 

Taken before mee upon Oath 

Rich"^ Betts R his Marke. 



[xiv] Collateral and Illustrative Documents 411 



An Order of the Gen^"!' Courftl of Hartford, l>ee<ls 

2 : 1 20 
concerning Richard Smith of Nesaquanke (Sec, State) 

on Long Island, Entred 3' Mar. 1665. 

These may Certify whom it may concerne, That the Com- ri664l 

mittee Chosen by the Gen^" Court of Hertford, to Issue Ir 

Matters on Long Island, It was then Ordered by the said ^iggl/g* 
Commission"^, That Richard Smith shall part with some of Mar. 3 
his Land to Seatalcott, And also to place Twenty flFamilyes 
in Smithfeild, the which Richard Smith Agreed unto upon 
this Condition, That John Scotts Land, on the west side of 
Nesaquanke River, shall helpe to accommodate the said 
20 ffamilyes, which the said Commission"^^ did Engage 
for Twenty five Pounds to bee paid by Richard Smith, 
onwards of John Scotts ffine, the which Land, Richard 
Smith had formerly Sold to John Scott for Twenty five pounds. 

No date, Tho: Topping. 

But said to be in June 1664. John Howell. 

Richard Woodhull 

John Young. 



An Indyan Deed of a Parcell of Land to y* f?^\ 
westward of Nesaquanke, Entred y* aa"* Mar. (Sec. State) 
i66| 

M' Smiths Purchase. 

Whereas Richard Smith of Smithfeild, hath bought all m^^4 
the Land betweene Huntington Harbour, and Nesaquanke p^^^^j 
River, of Lyon Gardiner, as may appeare by a Deed bearing 1665/6 
date 63, Nasetteconsett, Sagamore of Nesaquank Complained 
to Commissioners of Hertford; at a Court held at Seatalcott, 
in 64, That Richard Smith had taken away his Land, And 



412 Province of New York [izvl 

Deeds JiJ tJ,en owne, that hee had given Catawamuck, to Wyan- 

(Sec. State) duance, for the said Lyon Gardiners use, which was by M' 

Odiell and others, Bounded, as may by marked Trees 

May 4 appeare; But Nassetsconsett said. That the Land betweene 
Recorded those marked Trees and Nesaquank River, was his. The 

Mar 23 Court advised mee to Buy the Land of him, in case hee had 
not sold it before, where upon, I Rich"^ Smith, went to speake 
with y* Sanck squaw, Shee did before many of East-Hampton 
owne that Nesaquanke, Sagamore, did give Catawamuck to 
her {Father, Long ago, and that hee Nasseteconsett, did give 
the other part unto Nesaquank River, to her Brother Wagon- 
combone; But finding nothing under his hand to Shew, and 
Shee owning him to bee the true Proprietor at first, I thought 
good to Buy the said Land of Nessateconsett, and have 
Agreed with him for one Gunn, one Kettle, tenn Coates, 
one Blankett, three hands of Powder, and three handfulls 
of Lead; These are to Certify, that I Nessetesconsett, Saga- 
more of Nesaquank, have for mee and my heires. Sold all 
my Land on the west side of Nesaquank River, with all the 
Benefitts and Priviledges of Land and water, unto Richard 
Smith of Smithfield, and his Heires or Assignes for ever, 
and have reed Pay for the same, to my Content; whereas 
Catanumps, doth lay Clayme to halfe the aforesaid Land; 
It is Agreed, That hee is to have two Coates more, and so 
doth joyne w'*" Nassetsconsett in the Sale, And do both 
Agree for us and Our Heires, to Maintaine the right of 
Richard Smith and his Heires, for ever, in all the Land 
aforesaid, reserving the Liberty of Matts, Canooes, and 
Eagles and Deare Skinns, Catcht in the water, by Canooes, 
is meant Indyan Built, that is to say, rack, this to my selfe 
and heires, Wittness Our hands, & Seales May 4"" 1665 

The Marke of Nesatesconsett X 
Catanumps his Marke, X 



[ixv] Collateral and Illustrative Documents 413 



Wittnesse fe«*« 

Richard Woodhall. (Sec! State) 

Daniell Lane. „_ 

1665 

Marke May 4 

Quarter X Sachem Recorded 

, • 1665/6 

nis Mar. 22 

Tawaringo X his Marke. 

MemoranS. That y" Land afore mentioned was Bought 
and part of the Pay delivered neare a yeare before the Sign- 
ing hereof. 

Huntington. Deed« 

° 2 : 255 

The Affirmacon of John Ketcham, Thomas Brush and (Sec. State) 



r 166s 1 



Thomas Powell, being sent by the Inhabit'^ of Huntington, 
w*** an Indyan called Chikeno, to the South Meadowes, Loct.'VJ 
according to the Order of the Generall Assembly at Hemp- Recorded 
steed; When wee came to the South to Our Meadowes, wee ji^^'^ 
went over two Necks, to our Neighbo", who had called 
Messapeage Indyans, about the Number of twenty, who 
opposed us about the space of an hour, and would not suffer 
the Indyan, to go and Shew us the marked Tree; Then wee 
Shewed the Sachem the writing, to which hee had sett his 
hand, which was our acquittance, and yet hee would not 
Suffer the Indyan to go; when wee see nothing would pre- 
vaile, wee tooke our leave of them, and said, wee should 
carry back this Answer, to them that sent us; But they not 
willing that wee should, tooke up the matter, as wee did 
apprehend. Spake to the Indyans, who after gave leave to 
the Indyan who was Chickino, to go and Shew us the Tree, 
many of Massapeague Indyans, went with us, Thomas 
Brush went before, and not taking notice of the Tree, went 
past it, then a Massapeague Indyan, called him back, and 
Shewed him the Tree, before Chickino came neare it, when 



414 Province of New York [xxv] 



Deeds Chickino came to the Tree, hee said that was the Tree hee 
3:as5 
tSec. State) marked, as his Master Commanded him; Messapeage 



[ 



Sachem said by his interpreto'; that hee told Montauket 

Oct. 7J Sachem, that hee was grieved at his heart, that hee had 

Recorded sold that Neck, upon which then wee was, but Montauket 

ITov 2 Sachem told him, that it was sold, and it could not bee 

hope, and therefore bid him go and receive his Pay, and so 

hee said hee did, And also Massapeague Sachem, owned 

his hand, and that hee had rec** the Goods. 



f^ October 1665. 

Deeds Huntington. 
(Sec! aate) The day and yeare abovesald. Wee under Subscribed being 
in Huntington, where Chickino came and Justifyed the 

Oct. 7 matter following, in relacon to y'' Reference or Order made 
Recorded ^' Hempsteeds Gen?" Meeting, touching three Necks of 

1667 Meadow, which Huntington had formerly Purchased of Mun- 
talcott Sachem, and the inferior true Proprietor% as also in 
respontion to Oyster Bay Inhabitants, who lay a Clayme to 
part of the said three Necks, saying they are foure Necks, 
and one whereof belongs to them. The said Chickino, now 
did plainly and clearly demonstrate before us. That the 
Tree hee first mark't, by his Master, Muntaulcott Sachems 
Order, and hath a Second time viewed according to Order, 
is no other but that which ought justly to bee owned by him, 
and so Marked as aforesaid, and comprehends onely Hunting- 
tons just Purchase of three Necks of Meadow, and in truth, 
is three Necks of Meadow, and not foure, according to the 
p'sent relation of Chickino. 

This is a true Copy of the affirmacon 
of Chickino, before Cap' Topping 
and M' Wells. 



[xxv] Collateral and Illustrative Documents 415 



An Order for the Indians to appeare at next O- ^' ^' 
Sessions to testify their knowleS int Rich: (HYSL) 
Smith & y' Inhitants of Huntington. 

Whereas Richard Smith of Nesaquake hath obtained my ^668 
special! warrant to try his title at Lawe w'^ the Inhabitants 
of the Towne of Huntington concerning a certaine parcel! 
of Land on the West side of Nesaquake Ryver; the w'^'' he 
alleadges he cannot well do without the testimony of some 
Indians to be taken at the tryall, These are to require all 
such Indians as shall be timely sumoned by the said Richard 
Smith & are in a Condition to trauell that they make their 
personal! appearance at the next Court of Sessions then & 
there to testify the truth of their knowledg in the matter or 
cause in difference betweene the said Richard Smith & the 
Inhabitants of the Towne of Huntington He the said Richard 
Smith giving them reasonable satisfaction for their trauell & 
paines in goeing to the Court & retorning home againe 
Giuen under my hand at Fort James in New Yorke this 
lo'.'' day of December 1668. [Francis Lovelace.] 



An Ord*^ for the Suinoning in persons at the O. W. L. 
next Co''t of Sessions in the East Riding of (HTfSL) 
Yorkshire to make proof of a title of Land 
for the Inhitants of Huntington. 

Whereas Richard Smith of Nesaquake hath made suite iggs 
unto me that he may haue a tryall at Law w"? the Inhabit- *'^" " 
ants of yo*^ Towne concerning the title to a certaine parcell 
of Land lying to the west of Nesaquake Ryuer w"^ both 
yo" & he lay Clayme unto, It being alleadged by him that 
the Controuersy betweene you hauing not hitherto beene 
decided he hath beene hindred from selling the familyes 



4i6 



Province of New York 



IxxvJ 



O. W. L, 

2:313 

(HYSL) 

1668 
Dec. 10 



vpon his Plantation w"=^ he is oblieged unto, These are 
therefore to require you in his Ma'"?^ name to cause some 
person or persons to appeare at the next Court of Sessions 
to be held in the East Riding of Yorkshire vpon Long Island, 
then & there to make answer to the Complaint of the said 
Richard Smith & make proof of yo'^ title to the Land in 
question Hereof yo" are not to fayle Giuen undr my 
hand & Seale at Fort James in New York this 10'.'' day of 
December in the 20'^ yeare of his Ma''?^ Raigne Annoc^ 
Domini 1668. [Francis Lovelace.] 

To the Constable & Ouerseers 
of the Towne of Huntington. 



O. W. L. 

2:328 

(NYSL) 

1668/9 
Feb. 10 



A Lre from y* Governor to y* 
Inhabitants of Huntingto 
Loving ffreinds 

I understand by M^ Isaack Piatt who yo"? sent to me y* 
yoV are troubled at M' Smiths suinoning of yo" to trye yo' 
title at Law to a certaine peice of land w*4n yo^ lymitts, 
thinking y' because yo"; lymitts are ascertained by Patent as 
no man may clayme any propriety w'^'in them w'^'' to mee 
seemes strange for y^ extending your bounds furthr then 
before doth not giue yo" a greater propriety to y' land then 
what yo" had neith'^ doth it take away anothers right, though 
w^'in them In fine I thinke M^ Smith cannot be denyed a 
tryall at Law, w''.'' will be y" best touchstone to proue who 
hath y'' right, & if matters succeed not at y^ Sessions accord- 
ing to yo^ desire or expectacon y'= Law directs yo" to y® 
Assizes where I shall sitt myselfe w'!' y^ Justices of y*" Gou- 
ernm' & be ready to do what shall be according to Law & 
good Conscience w"^ is all at p'^sent from 

Yof Very Loving freind 
ffeb^X 10'*; 1668. Fran Louelace. 



[Hy] Collateral and Illustrative Documents 417 



A Licence to Mr Richard Smith to O- W. L. 

2 : 390 

examine Indyan Testimonies by (NYSL) 



1669 
Apr. 20 



Com" in y"^ Countrey. 

Whereas Richard Smith of Nesaquake hath appeal'd 
from y'' Verdict and Judgm' of y^ Last Court of Sessions 
held at Southhold, relating to a Suite depending betweene 
him, and y^ Inhabitants of y^ Towne of Huntington to y^ 
next gen'! Court of Assizes and y^ said Richard Smith 
alleaging, that some of y" Indyans residing neare oysterbay 
or thereabout, who can give their testimony to seth forth 
y['] truth of y" matter in difference will scarcely bee induced 
to appeare at the Assizes, as also to prevent that encrease 
of charge. These are to authorize and appojnt You Robert 
Williams and John Cole of Oysterbay, hauing knowledge in 
their Indyan Lengauge, to bee Comissiofi to take the Testi- 
mony, which shall bee given unto you by any such Indyans, 
of which you making a returne in writting attested under 
yo"^ hand, itt shall bee admitted into evidence as if they 
should here make their appearance. Given under my hand 
at Fort James in New Yorke this 20*'' day of Aprill 1669. 

[Francis Lovelace.] 



A speciall warr' for a hearing at the Assizes 0- W. L. 
Rich"^ Smith p'.' Huntington def ^ (RYSL) 1 

Whereas Richard Smith of Nesaquake in the East Riding 1669 
of Yorke=Shire upon Long IsH hath preferr'd a petition unto 
mee for an appeale from y^ Verdict of y" Jurey and Judgm' 
of y'= Bench at y['=] Last Court of Sessions held att South- 
hold about a certaine matter in difference betweene him 

' This warrant is also entered in Court of Assizes, vol. 2, p. 203, with imma- 
terial variations. 

[27] 



41 8 Province of New York [Sv] 



O. W. L. and y* Towne of Huntington as to a tittle of Land, That y® 
(NYSL) Cause may bee heard in Equity before mee at y^ Gen" Court 
of Assizes for the prosecution whereof hee hath given Security 
Apr. 20 as in y^ Law is required, as also tor paym'' ot all charges 
and damages if hee shall bee cast in Suite. These are in 
his Ma''^^ name to require you, or some of you on the behalfe 
of the rest of y'^ Inhabitants of yo"^ Towne, that you appeare 
att y*^ next Gen" Court of Assizes to bee held in New Yorke, 
beginning on y^ first Wednesday in Novemb'' being y° 6"^ 
day of y'^ said month, then and there to make answer to y^ 
bill of Complaint in Equity of y'' said Richard Smith, as to 
y* tittle of y^ Land in difference betweene you as aforesaid. 
In y*" meane tyme all former proceeding hereupon to bee 
suspended, and no way to bee put in execution. And hereof 
you are not to fayle at yo"" perill. Given under my hand 
and Seale att Fort James in New Yorke this zo"' day of 
Aprill in y" 21"" yeare of his Ma''^^ Raigne Annoqp Domini 
1669 

[Francis Lovelace.] 
To the Constable and 

Overseers of Huntington 

who are to make returne 

of their execucon of this 

Speciall warrant att y* 

Assizes. 

Deeds Another Deposicon of Mr Whitneys 

(Sec^.'stite) & Thomas Benedict. 

1669 The Testimony of Henry Whitney & Thomas Benedict 
May 4 . 
both of Norwalk in the Jurisdiction of Conecticott, aged 

^1672^ about fifty yeares saith, That they being formerly Inhabit'^ 

Sept. 19 of Huntington doe know that all the Meadows betwixt Cow- 

Harbo^ & Nesaquake River w"" the Herbage of the Vplands, 



[xxv] Collateral and Illustrative Documents 419 



was bought of Rashaokan Sagamore of Matinicock, & paid Deeds 
for in their time; And further saith y' Wyandance occasion- (Sec. State) 
ally coming up to Huntington then Sagamore of Mantaukett 
was displeased w*'' Rashaokan for selling of that Land May 4 
w'^'out his Consent, but the said Rashaokan humbling (Recorded) 
himselfe before Wyandance did according to our Vnder- e„»*^^^„ 
standing forgive him for that fault; And confirmed the 
Purchase of Huntington Men, only charging y'' aforesaid 
Rashaokan, that hee should doe soe noe more. And further 
saith not. 

These Testimonyes were taken before mee upon Oath; 
Norwalke May y^ 4^*^ 1669. 

Rich'' Olmstead Commission'' 



[Lovelace to the Constable and Overseers of Huntington.] O. W. L. 



(NYSL) 

1669 
July 24 



Gentlemen 

I haue perused yo"^ peticon consisting of three heads: 1669 
In answer whereunto I doe, I doe thus farre comply with 
yo"^ desires. At first that you may haue a Tryall at Comon 
Law before it come to a Court of Chancery. Although 
I suppose the Cause hath beene so tryed already at Souttiton, 
yet I am willing it should by [sic] tryed at the Assizes by a 
Jury. Next that you may haue like liberty to Examine 
Indyans by a knowne Interpret"^ as Richard Smith hath 
I doe consent to it and doe herewith send you an order for 
it. And lastly where you desire to bee informed, whether 
it bee necessary that yo"^ wittnesses should bee personally 
pres*, some being allready deposed in Co". As to those 
allready deposed, these deposicons will excuse their attend- 
ance however it would bee requisite you should haue one 
or two of yo"' most materiall witnesses pres' for y^ better 
clearing yo"^ tittle, I could haue wisht you had agreed the 



420 



Province of New York 



[xxv] 



O. W. L. 

2:477 
(NYSL) 

1669 
July 24 



matter amongst yo'^selues but since it will not bee, I cannot 
deny any person the due Course of Law I am 

Yo*^ very Loving freind 

[Francis Lovelace.] 
Fort James in New 
Yorke this 24*'' 
of July 1669 



O. W. L. 

2:478 

(HYSL) 

1669 
July 24 



Like Liberty graunted to y® Intiitants of 
Huntington as to Richard Smith- 

Whereas The Inhabitants of the Towne of Huntington 
haue requested that they may haue like liberty as hath beene 
given to Richard Smith of Nesaquake for y^ Examinacon 
of Indyans Testimonyes by known Interpreters in relacon 
of y'' Cleering of the truth concerning the Cause or matter 
in difference berweene them and the said Richard Smith. 
I doe hereby graunt their Request and any Examinacon in 
this Case taken by one or more knowne Interpret" and a 
returne thereof made in writing under his hand or their, 
shall bee admitted and taken in Evidence at y* Tryall before 
y"' Co" of Assizes Given under my hand at Fcrt James in 
New Yorke this 24"" day of July 1669. 

[Francis Lovelace.] 



C. A. 

2: 200 

(NYSL) 



1669 
October 



wth drawne 



Appeales Actions Presentments &c — entred 
for hearing & Tryall at y? Gen"^!' Court of 
Assizes to be held in New Yorke beginning 
on y? first Wednesday of October 1669. 



2. Richard Smith p'* 

Inhabitants of Huntingto. . .def'^ 



An appeale from 
• y^ Court of Sessions 
at Southolde. 



[xxv] 



Collateral and Illustrative Documents 



421 



Graunted at Easthampton and 
confirmed in New Yorke Aprill 
y? i9*> 1669.' by speciall warrant 



C. A. 

2:200 

(NYSL) 

1669 
October 



A warrant to v? Inhabitants of Huntineton ^- *i 

^ . . & 2:548 

to appeare at y^ next Assizes (NYSL) 



Whereas There is a matter or Cause in controversy be- 
tweene Richard Smith of Nesaquake & y^ Inhabitants of y? 
Towne of Huntington upon Long Island concerning a cer- 
taine peice or Tract of Land coirionly called or knowne by 
y? name of Nesaquake Acomsett unto w'^'' each of them p'^tend 
a Right by purchase, Upon y"^ Petition & request of Richard 
Smith, That y^ titles & Claymes on each parte may be 
heard decided & determined at y^ Gen*^!' Co'? of Assizes, 
These are in his Ma''-^^ name to require yo" or some of yoV 
on behalfe of yo"^ Towne, That you appeare at this next 
Gen"^!' Court of Assizes to be held in this Citty, beginning 
on y? first Wednesday in October, Then & there to make 
answere to y^ Complaint of y^ said Richard Smith & stand 
a Tryall as to y^ Title of y? said Land in question In y? 
meane tyme y? leavying of all charges relating to this matter 
in difference not already collected is to be suspended untill 
y? cause shall be decided, Hereof yo" are not to fayle at yor 
perills Given und"^ my hand & sealed w'f" y^ Seale of y^ 
Colony this 13'!" Day of June in y? 22"? yeare of his Ma*'?^ 
Raigne Annoq3 Domini 1670 



To y? Constable & Overseers of 
Huntington to be Comunicated 
to y? rest of y? Inhabitants. 



[Francis Lovelace.] 



1670 
June 13 



■ The actual date, as shown by the warrant, was Aprfl 20, 1669, 



422 Province of New York [ixv] 



C- A. A Declaration in ord^ to clearing 

(NYSL) a doubt concerning y° Land in 

dispute betweene Richard Smith 
of Nesaquake & y^ Inhabitants 
of Huntington. 

1670 Whereas Richard Smith of Nesaquake hath obteyned my 

speciall warrant for y'' hearing & determyning at y" next 
Court of Assizes a certaine mattr in difference betweene him 
& y" Inhabitants of Huntington concerning a Title of Land 
for y^ w'^.'' there hath already past a Tryall at South hampton 
Sessions from y^ Judgm' of w''.'^ Court he y? said Richard 
Smith did appeale, And there being an Objection made by 
some of y? Inhitants of Huntington that they doe suppose 
y^ name of y^ Tract of Land in y^ Speciall warrant menconed 
being Nesaquake Acomsett doth not comprehend all y? Land 
in dispute betwixt them so may not end y'' difference These 
p'^sents Doe Certifye & declare that notwithstanding y? per- 
ticuler name in y" said warrant specified y^ matt^ in dif- 
ference to be heard & determyned at y? Assizes is for y? 
same Land for w"^-^ formerly a Tryall hath beene had & from 
w"^^ an Appeale was graunted of this both P'' & Def'^ are 
to take notice and provide themselues accordingly. Given 
und"^ my hand at ffort James in New Yorke this I8'^ day of 
August 1670. [Francis Lovelace.] 



C. A. At y'' Geii'^!' Court of Assizes held in y^ City of New 
(NYSL) Yorke beginning on y^ first Wednesday in October, being 

ye ;.th jj^y Qf ^g ggjj Month, by his Ma"'^^ Authority in the 
October 22*!" yeare of the Reigne of our Soveraigne Lord Charles 

the 2? by the Grace of God of England Scotland, ffrance, 

& Ireland King, Defender of the ffaith &c: & in y^ yeare of 

o'' Lord God 1670.// 



[xxvj 



Collateral and Illustrative Documents 



423 



Present 

The Right Hon''.''' y^ Governor 

Thomas Delavall Esq^ 

M"' Cornelis Steenwijck MayoT 

M'' Matthias Nicolls Seer: 

r M' Robert Coe, High SherrifFe, 

Of y^ North J & one of the Justices of y^ Peace. 

Rideing.— 1 M' John Hicks 

I M^ Richard Cornhill 



C.A. 

2:239-251 

(KYSL) 



Of the 
Councell 



Of y' West 
Rideing. 



M"' Cornelis Van Ruijven 
M^ James Hubbard 
M-^ Richard Betts 



Justices of y* 
peace. 



1670 
October 



Rich-^ Smith - - P!' 
The Inhabitants of 
Huntington — 



Afternoone. 



Def'.^ 



The Def'.^ desire to stand to y^ Verdict of the Jury at 
Southton, & refuse to give in Answer to any thing, but to 
y'^ Appeale from the Judgment of that Court.y 

Hereupon all y^ Ord"^.^ from y® Governour relating to this 
Cause vi^ere read. 

The P^ haveing made Entry of 2 Actions against y^ Def", 
& consequently putting in two Declaracons, they were 
ordered both to bee putt into one; Soe a Tryall by a Jury 
to bee To Morrow Morning.* 

The Jury being returned by the High SherifFe, They 
were Empannell'd & Sworne.i? 

The Def'^ were order'd to give in their Answer to the P*-^ 
Declaracon by Eight of y^ Clock this Evening.// 



424 Province of New York [xxv] 



c. A. Octob:6. 1670. Before-Noone.# 

2:239-251 ' 

(IfYSL) 



Rich<^ Smith-- P*' 
1670 

October The Inhabitants 
of Huntington. 

M"^ Rider & 



Det'? 



, , ^, y Attorneys for y* P** 

M' Sharp. 3 y y 

Put in a large Declaracon, both of those presented before, 
being put into one as was Ordered; although the Dispute 
was for two severall Tracts of Land. 

The Names of the Jurors. 

Elyas Doughty — Foreman. Gersham Moore 

Symon Seryon. William Noble 

John {Foster James Pine 

Thorn: Smith John Smyth 

Robert Terry Samuel Smith 

James Clements W"? Jeacocks. 

The Deed from y^ great Sachem Wyandance & Wyam- 
combone his Sonn w"' the Mother, to Lyon Gardner Dated 
July y^ 14'!' 1659. was produced and read. 

As also another Conveyance from Wyamcombone & his 
Mother in the same Deed, Dated Anno 1660. 

Vpon y" same Deed David Gardn^ doth likewise convey 
his Interest to Richard Smyth the P*.' in the yeare I66/^..t 

Another Deed of Conveyance was also brought in from 
Lyon Gardner to y'^ P*? Dated Anno 1663. * 

And withall a Deed from y^ Sachem Nassasconsett, & 
Catanumps of the yeare 1665.// 

Richard Wood-hill & Daniel Lane being Wittnesses to 
the last Deed & sworne acknowledge their Hands.* 



No.! 



Collateral and Illustrative Documents 



425 



Severall Testimonyes were read to prove Nassasconsett 
to bee y" Right Owner of that Land hee sold to y*" PV. & that 
y" said Rich'^ Smyth was enjoyned by y"" Commission'^^^ of 
Hartford who were empowered by y^ Governour of Con- 
necticott, under whose Governm' that part of Long Island 
then held themse'ves to bee, that hee should purchase that 
Land againe of the Indyans, although hee had bought it 
before of Lyon Gardner, to prevent all Disputes about it.* 

Severall Depositions read out of the Proceedings at the 
Court of Sessions at Southampton. ^y 

Mr James & Jeremiah Concklings Testimony upon their 
Examinacon of the Indyans by the Governo'^^' Commission. # 

Testimonyes given in attested by Robert Williams and 
John Cole, who were appointed Commissioners by the 
Governor to examine Indyan Testimonyes in this Case.^ 

Another Indyan Testimony from Norwake attested by 
Richard Omsteed [sic] Commission^// 

John Coles Testimony given in upon Oath.// 

Another Testimony taken before y^ Constable and Over- 
seers of fflushing.i' 

An Indyan Testimony taken by M"^ Woodhill who swore 
to it before M"' Wells. -7 

Another Indyan Testimony taken before Richard Olm- 
steed Commission^ at Norwake.,!' 

An Indyan Testimony from an auncient Man sent by 
his Sonn.// 

An Indyan Testimony taken before M'' Lane.,y 

A Deposicon of Obed Seward & another, taken before 
M' Wells. y 

The Testimony of Wenox y® Indyan taken before M*^ 
Lane, & M"^ Woodhull.// 

Another before M^ Lane. 

Henry Perrings Deposition taken before M. Lane. 



C. A, 
2:239-251 

(NYSL) 

1670 
October 



426 Province of New York [Hv] 



c. A. An Indyan cofnonly called M' Goodyer his Testimony 

(NYSL) about the Def ^ tampering with the Indyans, taken before 

M'' Lane.// 
1670 

October M"^ Woodhull & his Wives Testimony and Deposition about 
the Def" tampering with the Indyans.// 

Tom y^ Indyan that lives w'^ M"^ Brewster, hee gives 
Testimony to y^ same & somewhat farther. 

An Indyan Testimony attested by Joseph Rayner & Rich- 
ard Howell, Constable & Overseer of Southton.* 

M" Sarah Brewst"" Testimony about what shee had heard 
Indian Tom say concerning this Busyness.// 

Severall other Testimonyes from Indyans were read, all 
conteyned in one sheet of paper & taken before M^ Lane.^ 

A Testimony from M*" James of East-Hampton.// 

An Indyan Declaracon p''sented by some Indyans touching 
this Matter to y*" Governo"^ by way of Peticon; It was on y^ 
behalfeofy^PtV 

Governo'^ Nicolls his Patent to y"^ P?' was read in Court.// 

After that y^ P*" having noe more to say for the present. 
The Def'^ were ordered to putt in their Plea & Defence in 
the After-noone.// 

The Constables who have noe particular Busyness from 
their Townes, are dismist from giving any farther Attend- 
ance on the Court.// 



Afternoone. 



Richard Smith-- Pt' 
The Inhabitants of 



, Def • 
Huntington 

M"^ Anthony Waters Attorney for the Def? brings in an 
Answ'^ to y? P*''' Declaracon which is read; The P*'^ Attor- 
neys object against it, that it was enlarged beyound the Copie 



fxxv] Collateral and Illustrative Documents 427 



given in to them by the Courts Order the last Night; How- C. A. 
ever it was warranted by y" Court, & allowed of, soe they (NYSL) 



proceed to Tryall.// 



M"^ Scudamore & 
M^ Holden j 



1670 
October 



V Attorneys also for y'' DeP^t 



& M' Wood y^ Justice of the peace appeared likewise in 
Defence of the Townes Cause.// 

A Peticon was read from y'' Inhabitants of the Towne of 
Huntington to Governo'' Nicolls after they were over- 
throwne at the Court of Assizes by Cap' Seely about Eatons 
Neck, with the Governo" Answer thereunto; promising 
they should bee noe further molested about their Land.i/ ' 

Huntington Patent read. Dated Novem: y" 30**" i666.ii' 

The P'?^ Patent againe read. Dated Mar: y^ 3'^ 1665: 
wherein y*" Conditions were taken Notice of.// 

The Def* Indyan Deed read, Dated July y'' 31"' 1656. 
It was made to them by the Indyan Sachem Asharocan; It 
hath noe Christian Wittness to it; and y" Marks are all 
made with one Hand Writeing.// 

A Deposition was produced & read of Henry Witney's 
& Thomas Benedicts in one, taken before Richard Olm- 
stead Coin".''; It is about the Great Sachem Wyandances 
Confirmacon.* 

Daniel Whiteheads Deposicon read, which saith, that y* 
Indyan Sachem Nassasconsett had nothing to doe, nor had 
any Land on the West side of Nesaquake River.// 

Joseph Whittmoores Deposicon for the P?' taken atSouthton 
Court, (being urged by his Attorney) was read out of the 
Copies of Records of that Court. i? 

There were two Witnesses brought into Court, who were 

'The case of Robert Seely versus Richard Smith, referred to, was determined 
in the court of assizes, October 31, 1667. — Court 0/ Assizes, vol. 2, pp. 124-128. 



428 Province of New York [^v] 



^- ^- said to be Wittnesses to the Indvan Deed aforemenconed 
2:239-251 -I 

(NYSL) of y^ Def' Dated in 1656. But it being shewn them, They 
^, ^ say they know not y^ Paper, and that it was not the Paper 
October they had put their hands to.// 

The Indyan saith his Name still is & was then Arumpas, 
but noe such Name is in the Deed.* 

The Pt' urging M"" Woodhulls Testimony taken at y* 
Court at Southton, It was read out of a Copie of the Records 
of that Court. # 

Joseph Smith of Jamaica being sworne in Court saith, 
That to the best of his Knowledge, hee being then an 
Inhabitant of y^ Towne of Huntington, was one that paid 
part of the Purchase Money to the Indyans for the Land 
in Dispute, and that what they bought was the Herbage 
and Meadow, but y*" Indyans reserved Liberty for Hunting, 
& as hee thought it was from Huntington Towne that their 
Purchase was to Nesaquake River, and that by vertue 
of that very Purchase the said Towne did enjoy Crabb 
Meadowes.// 

M"^ Banks of y* Colony of Connecticott being in this 
Government, & sub-pcena'd to y*" Court, appearing Declared, 
That it is a Law in their Colony that noe private Per- 
son shall purchase Land to y^ p'^judice of a Towne or 
Plantacon.// 

Another Testimony in Writing was given in of M'' Bene- 
dicts, who had w"" M"^ Whitney given in one before.// 

David Gardiner's Testimony given in by him at y^ Sessions 
Court at Southampton was read out of the Copye of y" 
Records of that Court, of w'''' by some of y^ Bench much 
Notice was taken, for that it was against y'= P'-"" Interest, 
who claimed by his ffather and him a great part of his 
Interest.// 

Jeremiah Woods Testimony being taken by Order of the 
Court at his Lodging in this City by two Justices of the 



\xiv] Collateral and Illustrative Documents 429 



peace, hee being sick there, & though sub-poena'd could C. A. 

not appeare. It was deliver'd in Writeing attested by him as (NYSL) 

followes. — Viz';? 

1670 

The Affidavit of Jeremiah Wood &c:^ October 
aged 55 yeares or thereabouts, 
sworne & Examined Deposeth as 
foUoweth.* 

That this Depont being one of the Purchasers of the Land 
in question (of the Nesaquake Sachem) the Agreem' was 
made for all the Land, Meadow, & Vpland on y*" East side 
of Nesaquake River, betwixt Nesaquake River & the Easter- 
most Bay; And they the said Purchasers thinking that they 
had too Uttle on the East side would have had some on the 
West side; whereupon the said Nesaquake Sachem told 
them that hee nor his Indyans had not any Right to any 
Lands there on the West side, only a small Neck of Land, 
conteyning about halfe a Mile from the said great River to 
the little Brooke; This Deponent further saith that M'' 
Smith coming to this Deponent to know the Bounds of the 
Land in question. This Deponent told him, the Indyans 
never owned any Land further then from the River to the 
little Brook Westward; Whereupon M'' Smith said, hee 
knew that well enough, that the Indyans neither did or 
could own any Land further; And this Deponent further 
saith, that Castannumps one of the Nesaquake Sachems 
Men told this Deponent, that the said Nesaquakes Right 
went noe further then the said little Brooke; And further 
saith not.* 

The Charge being given to y* Jury by the Governo'; & 
the extent & validity of the Patents both of P?' & Def- urged, 
after much Discourse and many Allegations pro & contra 
on both sides, It was recommended to them to bring in their 



430 Province of New York [ixv] 



C. A. Verdict, according to v^ Evidence given in, and the Lawes 
2:239-251 . , ' s J & 

(NYSL) of the (jovernment.// 



1670 



There were deliver'd to y*^ fFore-man of the Jury a Bundle 
October of Papers of the P?'^ to the number of 31 ; Amongst w'''' the 
P*^* Patent, Declaracon, & Exceptions to y" DeP? Answ^, 
besides other loose Papers./? 

More of the Def ^ their Patent, Answer, & severall other 
Papers & Testimonyes-i? 

Soe the Court was dismisst till To-Morrow Morning.* 

Octob^ 7'^ Before-noone.* 

Rich-J Smyth P» 

The Inhabitants of | p. ^^ 
Huntington j 

The Jury comeing to bring in their Verdict in this Action 
were call'd over, & by their fforeman give it in for the Def" 
with Costs of Suite, without other Circumstance leaving the 
Damage to y"^ Consideracon of the Court. 

Whereupon the Court gave Judgment as foUowes — Viz' — 

The Court give Judgment according to the Verdict of 
the Jury for the Def? with this Condi con. That as the P^' 
M"^ Smith had been obliged to settle ten ffamilyes, if hee had 
made good his Title against the Def" y^ Inhabitants of the 
Towne of Huntington to y" Land in Dispute, soe the Def ^ 
shall within the space of three yeares after the Date hereof, 
erect alike ten ffamilyes in Lieu of what y^ P*.* was to doe 
upon the said Land, or else the Def'.'' are to receive noe 
Benefitt of the Verdict of the Jury given in here at this 
time, nor of this Order and Judgment of Court. ^ 

The P'.' is to pay all Costs & Charges of Suite, but noe 
Damage in this Case.// 



\xi\] Collateral and Illustrative Documents 431 



An Ord"^ concerning Richard Smith of Nesa- C. A, 
quake & y^ Inhabitants of Huntington.' (NYSL) 

Whereas Richard Smith of Nesaquake hath preferred a '670 
Petition unto me & my Councell desiring an ExpHnation of 
y*^ Judgm' of y'r late Court of Assizes in y? matter in dif- 
ference betweene him & y^ Towne of Huntington, as to y^ 
Title of a Certaine peice of Land, Upon Consideration had 
hereupon by my selfe & Councell, These are to Declare that 
it was not y^ Intent of y^ Court to giue away M^ Smiths right 
in any parte of Nesaquake lands whereof he was possest, 
& upon w"^.'' he was to settle y^ first Ten familyes, but that 
oth^ ^te for w'^'' he was cast upon y? w'^'' he was to put Ten 
familyes more to make up y? former number Twenty; if he 
had made good his Title thereto & carryed y" Cause, y^ 
w'^^ y? Towne of Huntington having had y? Verdict of a 
Jurye are by Judgm' of Court now ordered to doe in his 
stead, & to y* end that a right understanding may be had 
hereupon there shall speedy inquiry be made what properly 
is y^ Extent of y* Land belonging both to y? One partye & 

' There is a variant of this text recorded in Court of Assizes, vol. 2, p. 637 
which is presented here for comparison, viz. : — 

" An Explanation of y^ Judgm^ of y* Jury 
betweene Richard Smith & y? Towne of 
Huntington. 

Whereas Richard Smith of Nesaquake hath pi'ferred a Petition unto me & 
my Councell desireing an Explanation of y^ Judgm? of y? late Court of Assizes 
in y? matter in difference betweene him & y^ Towne of Huntington as to 
matter of Title to a certaine peice of Land, Upon consideration had hereupon 
I haue thought fitt to declare that it was not y? intent of y? Court to give 
away Mr Smiths right in any parte of Nesaquake Lands whereof he was 
possesst, and was to settle y? first familyes thereupon, but that other parte 
upon w"^."^ he was to put Ten familyes more to make up y? former Twenty, if 
he had made good his Title thereto & carryed y^ Cause y? w<^^ y? Towne of 
Huntington are now to do in his stead, And to y? end that no future Cavill 
or difference may arise concerning y? Same there shall good & speedy inquiry 
be made what properly is y'^ Land belonging both to y? one partye & y'^ 
other. Given undr my hand this 3^ day of December 1670." 



432 Province of New York [^v] 



C- A. ye Othe^ according to y^ true intent and meaning of y! Court, 
(NYSL) so that their Lymitts be justly ascertained. Given und^ my 
hand at fFort James in New Yorke this 3'? Day of December 
Dec. 3 1670. [Francis Lovelace.] 



C. A. A Lre to y^ Inhabitants of Huntington 

(UYSL) Gentlemen 

L, , ^ Here haue beene w'!' y? Governor M"" Isaack Plott & M' 
1670/1! •' ■ . 

Jan. 9J Thomas Powell from yo^ Towne about yoT bill of Charges & 

other matters relating to yo^ Suite w*.'' Richard Smith, As 

to yf latter it's much admired they came not to yo^ hands 

before your neighbours came away, Two Severall Copies 

haue beene sent, & amongst y? rest w*.'' y? Last y^ bill of 

Charges as farre as y? Lawe directs, where no Damage is 

given, w".'' indeed is Very little considering yor farr greater 

charge & trouble, But yo" may Expect some oth^ allowance 

y? w'^.'' cannot at p'^sent be certified unto yo" but y" Gover- 

nour and his Councell intend to take it into their furthr 

consideration & send yo" their result by y^ next oppertunitye, 

I am 

Yo^ Very Loving freind 

M. Nicholls 



C. A. An Ord"' about Rich*^ Smyth of Nesaquake, 

(nVsL) ^ y* Inbitants [sic] of Huntington.// 

1671 Whereas since y® Tryall at y^ last Court of Assizes between 

June 3 Richard Smyth of Nesaquake & y^ Inhabitants of Hunting- 
ton I issued forth an Order beareing Date y'' 3^^ day of Decem- 
ber wherein was intimated that to putt a period to all further 
Disputes & Controversyes upon that Occasion, a strict 
Enquiry should be made of y^ certaine Bounds & Lymitts 



Uxvj 



Collateral and Illustrative Documents 



433 



of y® Land pperly belonging both to y^ one party & y other, 
soe that y^ same might be ascertayned, as also how farr y® 
Extent of Nesaquake Lands did reach as well on y^ West 
as y^ East side of y^ River on w'^'' y^ first Ten fFamilyes were 
to be settled, y® w"^ y'' said Rich"^ Smyth was in quiet & 
peaceable Possession of, when hee obtained his Patent from 
y° late Governo'^ my Predecesso"^; All w^*" in some Measure 
hath been Endeavoured to be Effected by y^ best Enquiry 
could hitherto be made; To y^ end a more full Discovery 
may be had thereof, & that I y'' better may be satisfyed there- 
in, when I shall heare both Partyes; These are to Order & 
Appoint that from y^ Towne of Huntington one or two 
persons be Nominated to attend mee here in this City upon 
Wednesday y*" iz"' day of July next; And also at the same 
time & place one or two Persons doe likewise give their 
Attendance from Rich4 Smyth to declare & sett forth their 
true Bounds, soe that I may give a just and finall Determina- 
con thereupon. Given under my Hand at fforte James in 
New Yorke the 3^^ day of June. 1671.// 

[Francis Lovelace.] 



C. A. 

2 : 708 
(NYSL) 

1671 
June 3 



An Ord'' about y^ Towne of G. E. 
Huntington, & Rich"* Smyth (ireSL) 
of Nesaquake &c: 

At a Councell held at flPorte James in New Yorke y* 12"' 1671 
dayof July. 1671. J'^'y " 

Whereas an Ord*^ was issued forth bearing Date y^ 3*^ day 
of June last, that some person or persons should this day 
appeare before mee both on y^ behalfe of the Towne of 
Huntington, & also of Rich"^ Smyth of Nesaquake, of w^** 
timely notice was given to both ptyes. And y^ Towne of 
[28] 



434 Province of New York [xxv] 

G- E. Huntington haveing neglected to give their Attendance, y® 

(NYSL) w'='' M" Smyth for & on y" behalfe of her Husband, & M' 

Rider as Attorney did performe; These p''sents doe Order 

July 12. y' y<= neglect on y^ one side, & y" appearance on the other be 

Recorded, and that the Case in difference for -f present be 

suspended, till further Satisfaction be receiv'd concerning 

y* same. 

[Francis Lovelace.] 



Col. MSS. To the right Honn'b' ffranci[s] Lovelace Esq' 

& Govern'' of all his 
Territoryes in Amerricah 



(NYSL) & Govern'' of all his Roya[l]l Highnes 



1671 The peticion of 
^P'-^ Rich:Smythe 

Humbly shev?eth to yo'' Honn"" that v?heras the Town off 
Hunttington clameth the sole p'^priety of all the land between 
Cowharbour & Neesaguank river (w*** all the benifitts 
therof) by vertue of 2 verdits (lately) passed as they say. 
Your Pettic""" humbly conceaves this to bee an over-rigorous 
Construction & inconsistant w"' righteousness [&] the 
established law. & therfore humbly requests yo'' Honn'' to 
gra[n]t him the Libe[r]ty of an appea[l] to the Court of 
[Assizes] [remainder mutilated and lost\ * 

Endorsed : 

W Smith of 

Nesaquake his 

peticon. 

Septi: 6. 1 67 1. 
To bee referr'd to 

the Councell. 

> Apparently only the salutation and signature are lost 



Opposite p, 434. 




'i 




w h 



■ 4 



-f- 






S.„.//; ,.i.^'-t' V. /^^'-' -^r-^- "•.>;'* ^'^7 



f 



r"^^**^ ■''^^^' ■ *''"4'^''-7 "^ 







i'.-..i 









PETITION OF RICHARD SMITH, FOUNDER 
0\ SMITHTOWN, L. I. 

To Governor Lovelace, September 6, 1671 

on his Boundary Dispute with the 

Town of Huntington. 

(Reduced from W^'2 by JlVi inches.) 



[xxv] Collateral and Illustrative Documents 435 



Septemb^ y^ Depositions Recorded for M^ Rich[ard] Deeds 

19*'' 1672. Smyth of Nesaquake. Sep: ig'.*^ 1672. (Sec state) 

The Testimony of Thomas Benedict. 1671 

This may Certify any whom it may concerne, that as Recorded 
touching the Difference between M'^ Richard Smyth of Sept. 19 
Nesaquake, & the Inhabitants of y" Towne of Huntington, 
if any Testimony shall appeare to bee given in by mee & 
my Name, touching that Controversy, wherein it shall bee 
said After the Land was sold to Huntington Men between 
Cow-Harbo'' & Nesaquake River, it is to bee understood 
That I meane by Land, Meadow only; fFor I never under- 
stood after I came to live at Huntington any Vpland bought 
within that Tract, but herbage only, as their Bill of Sale 
declares; As wittness my Hand. 

Thomas Benedict. 

This I doe Declare, that there may bee noe Mistake, for 
although I respect my Neighbo^^ of Huntington; yet I would 
not say any thing to prejudice M"' Smyth, & therefore I 
would have all Men know, that this is my true Meaning in 
that Saying. 

Henry Whitney giveth his Testimony in the same Manner 
& fforme as above-written. 

Taken Oath before mee. Septemb"" 11*'' 167 1. 

Richard Olmstead 
Vera Copia, Commission'' 

C. A. 

At a Geii^" Court of Assizes held in the City of New 2:261-2, 

Yorke by his Ma''" Authority beginning on the first Wednes- ^ 284-5 ' 
day in October (being the 4'*^ day of the said Month) (NYSL) 
in the 23*^ yeare of his Ma"?^ Reigne, viz' our Soveraigne October 



43^ Province of New York [xxv] 



.^6^^ Lord Charles y® second by the Grace of God of England, 
281, 282, Scotland, ffrance, & Ireland King Defend^ of -f fFaith &c: 
(NYSL) Annocp Domini 167 1. 

1671 Present 
October ^^^ ^^ ^^^^,^ ^ GovernoT 

Thomas Delavall Esq^ \ 

M*^ Cornelis Steenwijck > Of y* Councell.* 

M"' Matthias Nicolls Seer j 

M'' John Laurence ) « u <-!•/-.• 

,, i , j^ ,, }■ Aldermen 01 this City.* 

M'' Isaack Bedloo j ^ 

Cap? John Manning High sheriffe. 

Thomas Lovelace Escg. 

M' Cornelis Van Ruijven 

M-^ James Hubbard 

M"' Richard Betts 



Justices of y^ Peace 
of ye West Riding./ 



M"^ Robert Coe "It- r e d 

1.^ T , TT. , ( lustices of y" reace 

M' John Hicks >■•' . eM .ut>a- 
-,, i.. , , ^ , .,. of V* North Riding.* 
M^ Rich' CornhiU ; ^ ^ 

M'' William Wells ) Justices of y^ peace 

M' John Mulford. ) of the East Riding. 

After Opening y^ Court the Bench was first call'd over, 

then y" Constables, after that all the Causes. /f 

****************** 



Oct: 7'.'' Beforenoone. 
Severall Peticons were taken into Consideracon. * * * 

Afternoone.i!' 

*************** 

The Petition of Rich*^ Smith of Nesaquake, & another 
from the Inhabitants of Huntington being taken into Con- 



Ixxv] 



Collateral and Illustrative Documents 



437 



1671 

October 



sideracon, the first desiring some Commission" may bee C. A. 
appointed to view the Bounds of Nesaquake Land; The 281, 282 
other declaring their Dissent to settle y" ten fFamilyes &c: — (§ysL) 

The following Ord" were made 
thereupon Viz' — 

The Peticon of Rich*? Smith of Nesaquake being taken 
into Consideracon, wherein hee desires some persons may bee 
appointed w"^in the space of six weeks to enquire into & 
view y^ Westerne Bounds of the Land cofnonly called Nesa- 
quake Land between him & y" Inhabitants of Huntington, 
where the Peticoner was to settle his first ten fFamilyes, & 
to make Reporte thereof to the Governo"'; The Court have 
thought fitt to grant his Request, & doe Order, That three 
or five indifferent Persons of good Judgment & Vnderstand- 
ing shall bee nominated & appointed to doe the same within 
the time aforemenconed, soe that a finall Determinacon & 
Issue bee had upon the Matter in Difference; The Denomi- 
nacon of the Persons to bee referred to the Governo'iiC 

By Ord' &c:— 

The Peticon of y" Inhabitants of Huntington directed to 
this Court being taken into Consideracon, more particularly 
as to that part thereof, wherein they seem to suggest or take 
for granted that the Settlem' of y^ ten fFamilyes upon the 
Land w"^*" they recovered from Richard Smith of Nesaquake 
(the w'^'' hee was obliged to doe by his Patent if hee had 
gained the Suite) was an Injunction laid upon them, w"*' 
they conceive is intollerable; The Court is soe well satisfyed 
of what was then done, the w'^'' was freely consented unto 
by the Persons of that Towne then present, who informed 
the Court they had full power to Act on the behalfe of the 
rest, That they finde noe reason to alter their Judgment 
then given, but doe Order the same fully to bee putt in Execu- 



438 



Province of New York 



[xxvj 



C. A. tion, upon y^ penalty & Condicons therein exprest. As to 
281, 282 their Bill of Charges relating to Richard Smith, the Gover- 
(NYSL) nour & Councell will take it into further Consideracon, & 



1671 



make some Order thereupon consonant to Justice, & the 
October Course & practice directed in the Lawes of this Governm' 

By Ord^ &c: 



G. E. 
4:103 
(ITYSL) 



167X/2 
Feb. 26 



Lre from y® Governor to [Constable and Overseers 
of Huntington] desireing them to send back Coppyes 
of y® Deposicons of Thomas Benedict & Hen: Wittney 
to bee recorded. 
Gent: 

I am given to understand, That after yo'' Tryall at the 
Assizes vf"' yo^ Neighbo*^ M^ Smyth, some of those employ'd 
by yo"^ Towne, called at y'' Secretaryes Office for y'' Papers 
given in by them in Co^' & had them deliver'd, they being 
in haste, of which either by y*" neglect or Multiplicity of y° 
Clarkes Busyness, some were not Recorded; Amongst w*^** 
y'' Depositions of Thomas Benedict & Henry Wittney were 
two; To y'' End, That y" Records may bee kept in good 
Order, & that Nothing materiall past at a Publique Tryall 
may bee omitted, but remaine there to bee perused upon 
Occasion by any who shall desire y^ same, I shall recommend 
it to you. That you deliver Authentick Copyes of those 
two Deposicons of Benedict & Wittney, or send the Originalls 
by Cap' Manning either at his goeing or returning from y* 
Sessions, to bee transmitted to y'^ Secretaryes Office here. 
Yo' Complyance herein is expected from 



Forte James in New 
Yorke. fFeb;^^' 26. 167 1. 



Yo^ Very Loving Friend 

Fran: Loulace. 



[^v] Collateral and Illustrative Documents 439 



Lett^ to M^ Wood, to send back y* Deposicons of G. E. 
Whitney, & Benedict. &c. to bee Recorded. (NYSL) 
M' Wood. 

It was thought yo" would have minded yo^ Promise to '^72 
send up to y*" Secretary those two Testimonyes or Depo- 
sitions of Henry Whittney, & Thomas Benedict given in at 
y^ Co" of Assizes, w'''' it seems in haste were omitted to bee 
Recorded by y'' Clarke, the w'''" I writt to yo" about before, I 
thought good to Advertize you of it once more, that yo' 
complyance in sending y'' Originalls or Authentique Coppyes 
of those Deoosicons very speedily is expected by 

Yo^ very Loving Friend 

Fr: Louelace. 
Forte James in N: Y. 
ye 27th june_ 15^2. 



[Deposition of Elias Doughty and others.] Deeds 

(Sec. State 
Wee under-written to y" best of our Remembrance Declare, 

That Whitney & Benedict testifyed that Huntington Men ^^T^ 

bought y'^ Land, Herbage, & Meadow of the Indyans from 

Cow-Harbo^ to Nesaquake River, w"^ was y*" chiefest Cause 1672 

that cast the Case betwixt the Towne of Huntington, & M'' ^^P'* *' 

Richard Smyth 

Aug: 17, 1672 Elyas Doughty 

Robert Terry 

James Clement 

John fFoster 

Renthom Moore 

W- Noble 

Simon Saving. * 
* Evidently Simon Seryon 



J 



440 Province of New York [Sv] 



Deeds [Depositions of Benedict and Whitney.] 

(Sec/ State) 

These may certify whom it concerneth, that I Thomas 

1672 Benedict of Norwalk being desired by M"^ Smyth of Nesa- 

quake to give answer to an Inquiry whether I would stand 

Recorded . t- 1 ~ 1- r ^r ■ • i. 

1672 to y* Explanacon 01 my nrst lestimony concernmg the 

Sept. 19 ^ord (Land) as there explained, or whither I would own y^ 

Testimony on y* other side of this Paper, my Answer is that 

I doe stick both to my first Testimony, & y" Explicacon 

given under Oath; And that if any other Testimony hath 

been produced & made use of by Huntington Men that 

agreeth not with that, given under Oath w"" y"= Explication 

I gave to M*^ Smyth, I doe utterly disown the same. Wittness 

my Hand Septembr ii**" 1672. 

Thomas Benedict 

Wittness Thomas Hanford 

Rich'? Olmstead 

John Piatt. 

I Henry Whitney of Norwalk doe fully & firmly consent to 
y* Premisses above-written. Wittness my Hand Sept: 11''' 
1672. the mark of X Henry Whitn[ey] 



Deeds [Deposition of Nath. Gold.] 

(Sec. State) 

These may certify any whom it doth or may Concerne 
Sept!^^3 that M"^ Richard Smyth earnestly desired, Thomas Benedict 
Recorded *° ^^^^ Oath to y*" Premisses, but hee refused, saving hee 
1672 had sworne often enough in the Case already. 

Wittness my Hand. 
Nath: Gold. Assistant. 
Farfield. [sic] this 13^'' Septemb^ 
1672. 



[xxv] 



Collateral and Illustrative Documents 



441 



[Deposition of Richard Olmstead.] 

Henry Whitney being desired to give Oath to y" above 
said Writing, gives the same Answer that Thomas Benedict 
did, It being desired by M"^ Richard Smyth. — Wittness 
my Hand. 
Nonwalke Septemb^ i6t'' 1672. 

Richard Olmstead 

Commission' 



Deeds 

4:65 

(Sec. State) 

1672 
Sept. 16 

Recorded 

1672 
Sept. 19 



At a Geii^" Co':' of Assizes held in the City of New Yorke C. A, 
by his Ma"?^ Authority beginning on y^ first Wednesday in 303, 304, 
October (being y" second day of the said Month, & ending (jfYSL) 
the Monday following being y" 7"^ day) in y® 24"^ yeare of 
the Reigne of our Soveraigne Lord Charles y* 2^? by the October 
Grace of God of England, Scotland, France, and Ireland 
King, Defender of the faith &c: Annocp Dom; 1672. 



Present 



ab: 



ab: 



His Hono^ the Governor 
M'' Matthias NicoUs, 

Mayor of y" City of N: Yorke 
M'Thom: Delavall 
M'' Cornelis Steenwijck 
Cap* Thorn : Willett 

Cap' ]n° Manning High SherifFe 

Thorn: Lovelace Esq' 
M' Cornelis Van Ruijven 
M' James Hubbard 
M' Rich-? Betts 

Justices of the 

Peace of the North 

Riding. 



Ofy'^Councell. 



Justices of y® peace 
of y« West Riding. 



M 
M 



Robert Coe 
Rich^ Cornhill. 



442 



Province of New York 



rNo.i 
IxxvJ 



C. A. 

2 : 293-4. 

3031 304. 

310-1 

(NYSL) 



1672 
October 



Justices of y* Peace 
of the East Riding.* 



ab: — M'' Jn?Mulford 
Cap* Jn? Howell 
Cap' Jn? Young 
M-^ Jonas Wood 

M*' Jn? Lawrence Dep'^: Mayo": 

M*" Isaack Bedloo Alderman of this City. 

] Justice of y" peace 

at Albany. 

Cap^ Thorn : Chambers I >^^^^^ «^ ^^ P^^'^" 

) at Lsopus. 

M'' Peter Alricks BaylifF of New Castle 

for Delaware. — 



Cap* Silves' Salisbury 



Then the Constables of this City, & of Yorkshire upon 
Long Island calld upon for their Attendance.* 
Those at y" East ) 
end excus'd. ) 

Beforenoone. 

The Court & Constables call'd over. 
A Jury Empannell'd & sworne. 
The Causes call'd over. 



The Names of the Jurors. 



Rofet Jackson. 
Wittm WiUkins. 
John Adams. 
Nathaniel Denton. 
Thom: Townsend. 
Jonathan Hazard. 



John Seaman 
Richard Stillwell 
Robert Terry 
George Woolsey 
John Garland 
Thom: Laurence. 



ixxvj 



Collateral and Illustrative Documents 



443 



Friday Octob: 4*'? 1672. 



C. A. 

2 : 293-4, 

303. 304. 
***************** 310-1 

(RYSL) 



Afternoone. 



1672 
October 



Rich'* Smyth of 1 p,t 
Nesaquake. . . 



The Inhabit'? of 
Huntington. . . 



Def; 



Vpon y^ Peticon of Rich"? Smith of Nesaquake to y* 
Governor, wherein hee alledges that at y^ Tryall had in this 
€0*? of Assizes held Anno 1670. severall false Evidences were 
produced at the Tryall by y^ Inhabit"' of Huntington, whereby 
y" Co'T & Jury were mislead; The same being debated in 
Councell & referr'd to this Co'? to give their Judgment & 
Opinion, whether upon y* Grounds afore-specifyed as well 
as y*" Reasons & Suggestions to bee brought in there were 
sufficient Cause of a Rehearing or Review of the Action; 
The Matter being taken into Consideracon, It is adjudged 
& Ordered, That if the said Richard Smith can upon the 
first Thursday in Decemb^ next, when a Speciall Court is 
to bee held here in this City prevaile w'*" Thomas Benedict 
and Henry Whitny of Norwalk in his Ma''?'' Colony of Con- 
ecticott to appeare at y'' said Court in person, or cause 
sufficient Evidences then to bee produced to clear the Matter 
in difference, (concerning w"'' their Testimonyes are said to 
bee soe materiall) or can detect any fraud or foule practice 
in the said Inhabit'^ of Huntington w"'' was the Occasion of 
their carrying the Suite, That then a Rehearing of the Case 
betweene the said Rich ' Smith & the Inhabitants of Hunting- 



444 Province of New York [Sv] 



C. A. ton shall bee had, when v"^ Co", will give such further Deter- 
2:293-4 . _ . / ° 

303f 304» minacon therein as will bee consonant to Law & good 
(NYSL) Conscience. 
,672 By Ordr &c: 

October 

C. A. At a Speciall Co" of Assizes held in New Yorke by his 
335: 7 ' Ma''" Authority, beginning on y'= first Thursday in Decem- 
ber, (being the 5"' day of the said Month) & ending y^ 7"* 
1672 day following, in y" 24"' yeare of his Ma"" Reigne Annoc^ 

December t~v • • c 

Domini 1672. 



Present — 



His Hono'' y^ Governor 

Cap' Thomas Delavall \ 

Cap^ Cornelis Steenwijck V Of y'' Councell. 

M' Matthias Nicolls ) 

M' Jn? Laurence — Mayo"^ of this City. 
Cap' Jn° Manning. — High-SherifFe. 
Thom: Lovelace Esq"^ — 
M'' Cornelis Van Ruijven 
Cap' James Hubbard 
M' Rich^ Betts. 



Justices of y* 
peace of the 
West Riding 



M' Robert Coe ) Justices of y^ 

M^ Rich^ Cornell j North Riding. 

Thursday — Decem: 5'^ — Beforenoone. 

**************** 



Rich"? Smith P'.' 

The Inhabit'? of 
Huntington 



.^^ I Def- 



The Accusacon against Benedict and Whitney discourst 
of, which not being made appeare, they having justifyed 



[Hv] Collateral and Illustrative Documents 445 



themselves in person, is pleaded in Barr to their having a p- ^■ 
New Hearing. 335-7 ' 

The Co':' adjourne untill Afternoone. ^nysL) 

Afternoone. December 

M'^ Smiths Busynesse againe brought into Consideracon. 
M^ Rider putts in a Paper, distinguishing Nesaquake 
Land from Catawamuck.,/ 

It's not allowed of by y^ Governor none appearing for the 

The Governor & Councells Explanacon of y^ Verdict of 
the Jury read.// 

M- Smith offers to prove Jeremy Woods Testimony to bee 
false; whereupon y*" Co" enter upon much Discourse 
about it. 

Ben[e]dict & Whitney's Testimonyes (soe much insisted 
upon) read, & Land in Gefi''" men coned therein to bee 
confirmed by Wyandance y"" great Sachem. 

Another of y^ same persons not mentioning Land, only 
Herbage & Meadow. 

The Ord'? from y^ Governo"^ & Councell read about 
ascertaining Nesaquake Lands, & that the Co"^ did not 
intend by their Judgm' to take away any part of Nesaquake 
Land of Right belonging to M'' Smyth. 

Thomas Benedicts Explanacon of his former Testimony, 
disclayming any Land to bee purchased by Huntington, 
only Meadow & Herbage. /c 

Joseph Smith of Jamaica declared before M'' Coe, that hee 
had noe Intent to give in Testimony in this Case, but gave 
Evidence for Huntington Men that they had purchased 
Meadow, Herbage, and Land to Nesaquake River, for that 
hee apprehended Whitney & Benedict had spoken soe much 
as might bring them to Reproach in testifying about Land, 



446 Province of New York [xxv] 



C. A. jjut tlia( hee did never know absolutely any more then 
335-7 Herbage & Meadow to belong unto them of Huntington. 
To bee considered of by y° Bench, whether to bee heard 
1672 in Equity or noe. — 

After mature Deliberacon was had thereupon by y" Court, 
this following Order was made viz* — 

Rich"^ Smith P» 

The Inhabitants of ) t-j ^^^ 
Huntington j 

This Case being taken into Consideracon, and fully 
debated in Court; wherein the P" desired to bee heard in 
Equity for that part of Nesaquake Land on the West side of 
the River, w"'' hee alledges to bee part of the Land on w"'' hee 
was obliged to settle the first ten fFamilyes, although now 
Claymed by the Def % by vertue of the Verdicts they obtained 
at Common Law against the P'' for other Land as hee con- 
ceives. It is Ordered, That for y*" present Respite shall bee 
made of any Proceeding in this matter, untill the Spring, when 
some time in the Month of May next his Hono^ y" Governour 
intends to have a Gen"" Trayning, & a Meeting of the two 
Troops of Horse at the East end of Hempstead Playnes, 
from whence some indifferent persons from y" East end of 
Long Island, who will bee there, & some others from the 
West end, shall bee appointed to goe & view the said Land 
called Nesaquake Land on the West side of the River, & to 
make enquiry thereinto, in the best manner they can, & if 
possible make a Conclusion therein between y*" P^* & Def'% 
w'^'' if it cannot bee attain'd unto, that then the P" shall 
have Liberty to preferr his Bill in Equity against the Def" 
at the next Gen^" Co"^' of Assizes, as to that Land called 
Nesaquake Land, where a definitive Determinacon shall 
bee made thereupon according to Law & good Conscience, i? 

By Ord^ &c: 



iSvi] Collateral and Illustrative Documents 447 



No. XXVI. 

CLAIMS OF JOHANNES DE DECKER — NEGROES, 
SALARY, LAND AT STATEN ISLAND. 



The Determination of M"^ de Deckers ^v^*, 

2:635' 

Case, by y^ Governor & Councell. (NYSL) 
Whereas M' John de Decker heretofore one of v'' Councell 1670 /i 

T&.Q o 

to y"" Government of the New Netherlands und^ y^ West 
India Companye before y" Reduction of theise ^ts und^ his 
Ma''?^ obedience having obteyned a referrence from His 
Royall Highnesse upon a Petition p''sented unto him recom- 
ending it unto me to Examyne into y'' truth of y" Allegations 
therein conteyned & to do him right thereupon according to 
y? Articles of Surrender or y^ usuall Course of Justice here. 
Upon Serious Consultation had w"? my Councell haveing 
likewise called y? Bench of Mayo^ & Aldermen of this Citty 
to my Assistance for their Advice where y^ whole Case was 
Examyned into & debated w*.*" good deliberation, It was 
unanimously agreed upon & consented unto that y" Sugges- 
tions in M^ de Deckers Petition touching y^ 10. Negroes 
w'^'? he saith were taken away from him was misrepresented 
to his R. H^? for that it doth not appeare that he was possesst 
of more then Tenne of y? Twentye he layes clayme unto, 
w'^^ Ten he disposed of at his pleasure, & that those 
Negroes seized upon by M^ Delavall by order from Gen"^!' 
NicoUs were taken as y"? effects of y° West India Companye 

> The pagination 635 is part of a modern continuous numeration for con- 
venience. The original pagination of this volume runs in two series, and 
p. 635 of the continuous numeration is also p. 287 of one series of original 
pagination. The Council minute refers to the above order as " Entred at 
large in y^ 3d Booke of Entryes (of Dayly Orders) Pag: 287, to wch to referr." 



448 



Province of New York 



[xxvu 



C. A. 

2:635 

(NYSL) 

1670/1 
Jan. 9 



& not as belonging to M^ Decker, for y^ w"^ Gen'')' Nicolls 
stands charged Debto^ to y^ West India Companye, & hath 
given creditt to his R H''-^ for them in his Account, And M' 
Decker no way named therein, And as to y*" oth^ p'^tences 
of y^ said M^ John de Decker concerning his Sallarye due 
from y" Said Companye, It is found in y^ Said bookes that 
there did remaine due to him y^ Sume of 7349 '^•''T 14^? 04'^ 
out of w"'' he is to discount for 8. of y" Negroes he receiued 
& carryed w"' him to S' Christophers besides what more y^ 
said Companye hath to Charge him w*?" y'= w'^'' not standing 
in y*" books here there can no Cognizance be taken thereof, 
neith"^ can M'^ de Decker properly Expect to be satisfyed his 
sallarye here, although there were effects over & above his 
p''tences undisposed of, for that his Account was made up, 
& closed in their books, & he referr'd for payment w**" y° 
rest of their Councell to y^ West India Companye in Holland. 
This being y^ true Estate of y" Case as by y" strictest 
Examination & best inquirye it can be found. It is humbly 
referr'd back to his R. H" for his furth*^ consideration & 
determination as he in his prudence & wisdome shall thinke 
fitt. Given under my hand at fFort James in New Yorke 
this g*-^ day of Jannuary in y^ 22"' yeare of his Ma"" Raigne 
Annoc^ Dili 1670. [Francis Lovelace.] 



C.A. 

2:634 
(HYSL) 

1670/1 
Jan. 9 



The Governo*"? graunt of 120. Acres of Land 
to M*^ de Decker on Statten Island 

Whereas M^ John de Decker heretofore one of y? Councell 
to y? Government of y* New Netherlands undr y^ West India 
companye before y'' reduction of theise partes to his Ma''?^ 
Obedience hath p'sented unto me a Petition That he may 
be Invested in a certaine peice of Land upon Staten Island 
conteyning about 60. margen or 120. Acres for y" w"^ he 



[xxvuj 



Collateral and Illustrative Documents 



449 



hath a Patent or Ground breife bearing date y^ 15'^ day of 
May 1664 w''.'' was some months before the Surrender of y^ 
place, In regard of y? paines and trouble y" said Mr John de 
Decker hath beene at in takeing a Voyage out of Europe 
hither about this & oth^ his Concernes I haue w"? y^ Advice 
of my Councell thought fitt to gratifye him herein although 
according to y'' Strictnesse of y^ Lawes & y^ Custome of y^ 
Country his right thereunto is Elapsed Always provided that 
y'' Pretences to y*" said Land by M^ de Decker or his Assignes 
do no wayes p''judice y" Towne already setled, nor y'' oth^ 
Towne ordered to be layd out upon y^ said Island, The w"^^ 
if it shall so happen to bee Then that there shall be allotted 
unto him y" like quantitye of Land to be laid out in Some 
oth'^ convenient place by my ord"^ for y? vi"^ he shall haue a 
New Pattent, & that he be obliedged to settle or plant upon 
y*" Same w^'in y" Space of one yeare aft^ y^ date hereof. Given 
und^ my hand at ffort James in New Yorke this g'-** day of 
Jannuarye in y^ 22"^ yeare of his Ma''?^ Raigne Annocp 
Dm 1670. [Francis Lovelace.] 



c. A. 
2:634 

(HYSL) 

1670/1 
Jan. 9 



No. XXVII. 

STATEN ISLAND — LAND OF JACOB MELYN. 



June y'^ 4'!^ 1668. 

Upon y? Petition & request of M- Jacob Molline that his 
fathers interest may be taken into consideracon upon y* 
Settlem' of Staten Island, The Governor ordered it to be 
entred upon Record that Care shall then be had of him so 
farre as that he shall be allowed a Convenient proporcon 

[29] 



C. A. 

2:527 
(NYSL) 

1668 
June 4 



450 Province of New York [xxvinl 



C. A. of Land upon y^ said Island in lieu of what was reserved 

(NYSL) by his fath'^ & promised him by y^ west India Company. 

Extracted out of y" Records in y^ Office at fFort James in 

June 4 New Yorke 

M. Nicolls Secf. 



No. XXVIII. 

BROOKHAVEN (SEATALCOTT) — LAND AFFAIRS 
AND WHALING. 



Deeds Flndian Deeds to Brookhaven.l 

2:183 

Mar: J^^ An Indyan Deed Entred for the 

1666. Towne of Brookehaven. 

165s Articles of Agreement, & a firme bargaine agreed & 

— '— confirmed betweene the Sachem of Seatalcott Warawakin 
1666/7 ^y n^me, with the joint consent of himselfe & next of 
'**'• 7 his kindred, have bargain'd & sold unto John Scudder, 
John Swesie, Jonathan Porter & Thomas Mabbs, A par- 
cell or Tract of land w"" all Meadowes, vpland, timber trees 
or whatsoever benefitt or priviledges thereunto belonging, 
next adjoining to the bounds of Nesaquake, & from 
thence being bounded with a River Eastward, & bounded 
next unto Nesaquake bounds (as by trees being mark't 
doth appeare: Also the Sachem with the Consent of his 
next kindred hath giuen free leaue & liberty, & graunted 
unto the said purchas?^"* free liberty for their Cattle to runne 
beyond the bounds if occasion bee, or to cutt Timber as farre 
East as they thinke fitt: And to come once in two yeares to 
renew the markes of the bounds, & to giue the s*^ purchas'^'' 



[xxvin] Collateral and Illustrative Documents 451 



for them or who they shall putt to Hue there, full, free & Deeds 
quiet possession of the s*^ purchase &c: And if the Indyans (Sec. State) 
shall wrong the s"* English, either by their Dogges hurting of 
their Cattle, or any otherwayes, that then y® Sachem shall Apr. 4 
see that satisfaction bee made according to the wrong done; Recorded 
So also if the English do any wrong to the s"? Indyans, that jjar/? 
the English shall make them satisfaction: Also the said 
Sachem shall not entertaine any strange Indyans or others 
neare unto vs whereby to doe vs any wrong but shall timely 
discover vnto vs any plotting or hurt that shall bee intended 
against us: And y^ like shall wee doe unto him, To the end 
that peace may bee maintained amongst vs: And for & in 
consideracon of the said Tract or purchase of land. Wee the 
said purchas*^^ doe hereby engage o' selues to pay unto the 
s'^ Sachem the Goods as in particular are written following 
within one moneth followeing the date hereof; And for the 
confirmacon of the same haue sett my hand with y? rest of 
my kindred. Dated this 4- day of Aprill 1655 

Here was underwritten. 
ID Coates. The markes of Warawakin 

12 Hoes. & of thirteene more of 

12 Hatchets. his kindred. 

50 Muxes. 
100 Needles. 

6 Kettles. 

10 ffathom of Wampom. 

7 Yests of powder. 

I paire of childs stockings. 
10 pound of Lead. 
I Douzen of kniues. 

Wittnesses hereunto 
George Tonge 

The marke of 
John X Cosby. 



452 Province of New York [xxvm] 



Deeds Mar: 8*^ Entred for Brookhauen. 

2:185 
(Sec. State) 1 666 

^°' ^-^ This writing wittnesseth That I Wyandance Sagamore of 
Recorded Long Island doe promise to sell the great Neck to the Inhabit- 
Mar. 8 ants of Setaulcott upon the deliuery of the Goods hereunder 
mentioned, viz' Six Coates, six Kettles, one brasse Gunne, 
one Troopers Coate, Tenn kniues, one paire of Shoes, Two 
pound of powder, two pound of lead, twenty Muxes forty 
Needles. 



Deliuered him in part of paym' \ 
for the purchase aboves'? one paire >• 
of Shoes. ) 

Memorandum The name of the Neck aboues"? is 
Cataconocke. 



Mar. S'** Entred for Brookehaven. 

1666. 

This writing wittnesseth That I Wyandance doe by these 
pres-^ make over all my Right & Interest in the Old ffield 
vnto the Inhabitants of Setaulcott for them & their heyres 
for ever, And doe engage my selfe & heyres to maintaine & 
defend their Right against all that shall hereafter disturb 
them. As wittnesse my hand 

Wittnesse: George Sou theme The marke of 

The marke of Chiconoe Wyandance. 

& another Indyan called And another Indyans 

Osasara Tacckcoe. marke called Mahew 



bxviii] Collateral and Illustrative Documents 453 



Mar: S'*" Recorded for Brookehaven. De«ds 

2: 186 



1666. (Sec. State) 

Brookehaven 1664: June y^ 10-. 

This Indenture wittnesseth a bargaine or agreement June 10 
betweene the Sachem of Vncachage, Tabacus & the Inhab- 1664/5 
itants of Brookehauen ats Seatauke concerning a parcel! or ^^' ^ 
tract of Land lyeing vpon the Southside of Long Island ^^'^^.^^ 
being bounded on the South with the Great Baye, & on the Mar. S 
west with a fresh Pond adjoining to a place comonly called 
Acombamock, & on the East with a River called Yamphanke, 
& on the North it extends to the midle of the Island; Pro- 
vided the afores*^ Tabacus have sufficient planting land for 
those that are the true native Proprieto" & their heyres. 
Also that either & both Parties haue free liberty for fishing, 
fowling, & hunting without molestacon of either Party, 
And this is in consideracon of a certaine suin of money to 
bee paid to the valuation of fifty fathom of Wampom As 
witnesse my hand the date & day abovewritten : 

The Marke of 
Signed, sealed & deliuered Tabacus. 

in the presence of vs. 
Richard Howell 
John Cooper. 



March the gii? 1664. 

The Contents of this Deed abouewritten owned by Taba- 
cus Vncachage Sachem & the Subscription thereof, in the 
presence of vs. 

ffurther the said Sachem disowned tliat ever hee sold 
John Scott any Land. 

John Howell 
John Younge. 



454 Province of New York [xxvin] 



Deeds Mar: 8^ Recorded for Brookehaven. 

2:187 
(Sec. State) 1 666. 

1664 Mahew Sachem of Setauke doth freely give and surrender 
June 10 . . 
unto the Comittee of Conecticott appointed for settling of 

1666/7 buisnesse on Long Island, for the vse of the Towne of 

^^' * Setauke, the feede & Timber of all the lands from the old 

mans, to the wadeing Riuer, As wittnesse my hand this loii 

of June. 1664 

The marke of 

Testes. Mahew. 

John Cooper. 

Richard Howell. 



Masseteuse & the Sunke Squaw Natives Proprietor 
& owners of all the Lands belonging to the Tract of Land 
coiiionly called the old Mans doe freely & absolutely sell & 
will defend the Title to the Inhabitants of Setauke & their 
Successo^^ for ever, for & in consideracon of a certaine value 
of Goods here under written, to bee deliuered within one 
moneth after the date hereof: As wittnesse our hands 
this 10- of June: 1664. 

The markes of 
Signed in the prescence Massetewse & 

of vs: The Sunke Squaw. 

John Cooper 
Richard: Howell. 

fFoure Coates. Ten Hatchetts. & 

ffoure paire of Stockings. Ten Knives. 

Two Yests of powder. More Six Coates. 

Two barres of Lead. fFoure shirts 

Six Hoes. Three peck Kettles. 



[xxviii] Collateral and Illustrative Documents 455 



This abovewritten owned, & the contents thereof w'*' all Deeds 

2: 187 
the severall kinds of pay receiued, (Excepting the Kettles, (Sec. State) 



Hoes & Hatchetts,) by Mahew & Massetewse. 



1664 
June 10 

In the prescence of vs. R;^r7ed 

John Howell. 1666/7 

-* Mar. 8 

John Young. 

An Ord^ Concerning the Whales O. W. L. 
° 2:205 

w'^'in Sea-Talkett bounds. (NYSL) 

Whereas The Inhabitants of the Towne of Seatalcott 1668 
(als Brookhauen) are invested in a certaine Tract of Land by 
vertue of their Pattent wherein their bounds are ascertained 
& confirmed to be from the North to the South sea, w"" 
seuerall priviledges therein exprest, Howeuer the said 
Inhabitants haue made their Comp*' vnto me that some 
oth^ persons not belonging to the said Towne of Seatalcott 
w"'out their leaue or Consent doe p'^tend a Priuiledg vpon 
the Beach lying to the South & w^'in their bounds aforesaid, 
& haue actually cutt vp & carryed away some partes of a 
whale or great Fish contrary to the Priuiledges of the said 
Towne vpon p'tence of an Agreement made w"' some 
Vnquechanke Indians These p'^sents serve for a furth!' 
explanacon of the said Pattent That by vertue thereof the 
Inhitants of the Towne of Seatallcott (alias Brookhauen) 
aforesaid & no oth*^ w^'out their Consent, shall or may cutt 
or carry away any whales or Great Fish w'r'^ are or hereafter 
may be cast vpon any parte of the Land or Beach w^'in the 
bounds & lymitts of the said Pattent therein expresly sett 
forth to be given & graunted Giuen und"^ mv hand at 
Fort James in New Yorke the First day of Aprill 1668. 

[R. Nicolls.] 



456 



Province of New York 



[xxvin] 



O. W. L. 

2:263 
(KYSL) 



An Order heretofore graunted to the 
Towne of Seatauckett about the 
whales at the South suspended 
vpon the Peticon of Joseph Ray- 
ner &c. 



1668 
Oct. 12 



Whereas Joseph Rayner Richard Howell and Anthony 
Waters haue made complaint unto me that by misinformacon 
yo" did the last yeare obteyne an order from the late Gover- 
nor for the enioym' of a certaine pcell of Beach to the South 
supposed to be w'^'in the lymitts of yo^ Pattent but formerly 
purchased by the Comp?'^ or some one of them & a valuable 
Consideracon giuen for the whales that should be cast up 
thereupon for the space of a certaine terme of yeares not yet 
expired These are therefore at p''sent to suspend the 
benefitt of the order yo" did soe obtaine & to require yo" to 
permitt & suffer the Comp?'^ to enioy what they haue pur- 
chased untill yoV can make a better right appeare the includ- 
ing of the lymitts & bounds thereof in yo^ Patent notwith- 
standing Giuen undr my hand & Seale at Fort James in 
New Yorke this 12'-'' day of Octob' in the zo*'' yeare of his 
Ma"^' Raigne Anno^ DiTi 1668. 

[Francis Lovelace.] 



O. W. L. 

2:317 
(5YSL) 



1668 
Dec, 15 



A Letter from the Gouerno*" to y® Constable 
& Ouerseers of Seatalcott. Dec^ 15. 1668 
Loving freinds 

I haue rec*? an Adresse from yo" by the hands of M'' 
Woodhull & MT Dayton full of dutifull & kind expressions 
w'^.*' I take very well at yo"" hands & hope yo^ expectation 
shall not be frustrated as to my Endeauo"^^ in the Encourage- 
m* of all good people & dispensacon of Impartiall Justice 



LxxviiiJ 



Collateral and Illustrative Documents 



457 



throughout the Gouernm' his R. Highnes hath intrusted me 
w'^all: The persons yo" sent did also make a Complaint 
against Joseph Rayner & Richard Howell as if they had 
surprized yo" byobtaining an order from me about the Whales 
cast vpon the beach to the South of the Island w^'in yo^ 
p''cincts, w^"" yoV had a former order to injoy from my 
p'^decesso^ I doe thinke it conuenient to respite my iudgm^ 
therein untill the beginning of March next when I doe 
intend (God willing) to goe downe to the East End of the 
Island & shall then heare what both yo" & they haue to say 
to the matter & accordingly will giue my Judgm' thereupon 
In the meane tyme if any Whales shall be cast vp You or 
they who first haue notice may take care to p^'serue them & 
where the right shall be adiudged those who shall take them 
without a good title shall bee accountable to the other for 
them I haue no more but to recofnend yo" to Gods pro- 
tection & rest 

Yo^ assured Loving freind 

Fran: Louelace 
To the Constable & Ouerseers 
of Seatalcott ats Brookhauen. 
DecT 15. 1668. 



O. W. L 

2-3I7 
(NYSL) 

1668 
Dec. IS 



Liberty Graunted for Severall ^sons of c. A. 
y? Towne of Seatalcott to purchase (nysl) 
one hundred Acres a peice there. 



Whereas I haue Rec"? a Petition from Severall ^sons of y^ 
Towne of Brookhaven ats Seatalcott being in numb^ Eleaven 
whose names are hereaft^ wrytten that they may haue libertye 
to make purchase of a certaine Peice of Land to y^ South 
w*4n y? Lymitts & bounds of their Pattent y^ w''^ hath not 
as yett beene bought of y? Indian Proprietors, y^ said persons 



1670/1 
Jan. 12 



458 



Province of New York 



[xxviu] 



C. A. 
2 : 619 

(KYSL) 

1670/1 
Jan. 12 



alleadging their p'^sent want of Accommodation for their 
Stocks & proposing to plant & settle thereupon It being a 
place where likewise they can y"- better prosecute y? designe 
of Whale fishing, These are to certifye all whome it may 
concerne that for an Encouragem' to planting as also of y? 
Whale fishing designe, I do hereby graunt unto y" said per- 
sons Lycence to purchase at y^ place aforesaid each of them y? 
quantitye of one hundred Acres of Land woodland & mead- 
owe togeth^ as it shall happen to fall out, y': w'^'' when they 
shall haue accomplished & make retorne thereof unto me 
I shall giue them a furth^ Assurance for y'r same. Alwayes 
provided that this shall no wayes debarre y^ rest of y'^ Towne 
from their Comonage in y^ woods or meadow ground already 
laid out for each Lott at y? South, y^ w'^'' by Vertue of this 
Graunt is no way to be encroacht' upon. Given und'^ my 
hand & Seale at ffort James in New Yorke this iz*"" day of 
Jannuary in y^ 22'-^ yeare of his Ma"^'' Raigne Annocp Dm 
1670. 

[Francis Lovelace.] 



C. A. 

2:631 

(NYSL'i 



1670/1 
Jan. 12 



The Governo*^^ graunt to Mf 
Daniell Lane & M^ Richard 
Woodhull for a farme at y? 
Wading Ryver. 

These are to Certifye all whome it may Concerne that 
this day y^ Governo^ hath given a graunt unto Mr Daniell 
Lane & M'' Richard Woodhull of Seatalcott, for to haue 
each of them a farme at y^ Wading Ryver but thinks fitt to 
respite their Lycence of Purchase & Pattent untill he shall 
bee Satisfyed of y^ quantitye & qualitye of y"- meadow there. 
This I was ordered to enter upon y^ Records, Dated at New 
Yorke this iz^^ day of January 1670. 

[M. Nicolls, Seer.] 



lA°x] Collateral and Illustrative Documents 459 



No. XXIX. 

SOUTHAMPTON — CONFIRMATION OF LAND, 

SALE OF STRONG DRINK TO INDIANS, 

WHALING, ETC. 



A Licence to John Laughton to sell O. W. L. 
some poud"" & liquo'^ to y^ Indyans. (NYSL) 



June 19 



Whereas John Laughton of Southampton hath requested 1669 
my licence that hee may dispose of or sell some small quantity 
of liq'^'^ and powder to the Indyans there that they may bee 
the more helpfull to him in the wheale fisshing wherein hee 
is a partner and in Clerring some grounds for him. These 
are to Certifye all whome it may concerne that I haue given 
licence to the said John Laughton to make Sale or paym' 
for worke to the said Indyans upon the accoumpt afores*^ in 
liq" and Powder prouided the quantity of Liq" bee not 
aboue 3 ancors nor powder more then 30" And that it 
no way tend to the breach of the Lawes or disturbance of 
y^ Publick peace this licence is to Continue for one yeare 
after y^ date hereof and no longer. Given under my hand 
at Fort James in New Yorke this 19"' day of June 1669. 

Fr. L. 



An Order confirming severall former C. A. 
°. 2:622 

ord"^-^ made concerning John Cooper (NYSL) 
& oth" engaged in y? trade of whale 
catching. 

Whereas there haue beene lately made at Southampton 1670 
by y" Comission"'? for y^ Indian affaires in y" East Ryding of 



460 Province of New York [xax] 



2^-622 Yorkshire upon Long Island severall orders Dated y^ 6^^ 
(NYSL) ^th ^ gth j)ays (jf Decemb'^ last, Two whereof doe more 
1670 ^ticulerly relate to John Cooper of Southampton, & y'' 
Dec, 29 jjjjjj |,Qjj, J.Q himselfe & others engaged in y^ designe of 
whale fishing who do imploye Severall Indians thereabouts 
for their Assistance therein Upon mature Deliberation & 
consultation had hereupon, I doe w'*' y? Advice of my 
Councell approveof & confirmewhaty^ Com''^ aforementioned 
haue done in their said orders, & do likewise recomend that 
Clause in y? Ord^ of y? 8"* of Decemb'^ concerning what shall 
be given to y? Indians for their Service in that imploye to be 
punctually observed as long as it shall be found convenient 
& practicable, but w'^'all if it shall prove otherwise & that 
other agreements are ^mitted to be made w*.*" y! Indians 
for their worke by any ^son or Company I doe hereby 
graunt & allowe That John Cooper aforementioned who is 
said to be one of y? first that brought y* Indians to be ser- 
viceable in that designe haue for his encouragem' altogeth'' 
as much libertye to make his Conditions w*^ y^ Indians for 
their Service as any oth"^ ^son or companye shall p'^sume to 
take, & if he hath alreadye made any Agreement w**" any of 
yt Indians upon this Account for any ^ticuler Season or 
tyme p'^cedent to what hath beene made w'.*" them by others, 
y* first agreement is to stand good & if y*" Indians so agreed 
w*.^, do refuse to make good their engagem' they are not 
to be ^mitted to worke w'^ any others untill they haue 
^fourmed y? same. Given und^ my hand at fFort James in 
New Yorke this 29*'' day of Decemb^ in y? 22*'' yeare of his 
Ma'"^' Raigne Annocp DiTi 1670. 

[Francis Lovelace.] 



[xHx] Collateral and Illustrative Documents 461 



A Cofnission for y^ Indian named C. A. 
Quaquashawg to be Sachem. (KYSL) 

Francis Louelace Esq^ &c Whereas It hath beene usuall 1670/1 
& is found very convenient that some ^son amongst y^ 
Indians should in their respectiue Tribes or Nations be as 
cheife or Sachem over y? rest as well to keep them in y* 
bett^ order as to be responsible for any mischeife they should 
happen to comitt, & y^ Indians neare Southampton in y^ 
East Ryding of Yorkshire upon Long Island comonly called 
y? Shinnacock Indians being destitute of such a ^son having 
nominated & elected y? Indian named Quaquashawge to be 
their Sachem who is likewise approved of by y^ English to be 
a fitt person amongst them for that purpose by reason of his 
quiett and peaceable disposition, I haue thought fitt to 
confirme & appoint y? said Indian Quaquashawg to be 
Sachem over y? Shinnacock Indians of y? w?'' they are all 
to take notice & obey him as their cheife & Sachem. Alwayes 
provided that he nor y" rest of his Indians doe not hereby 
p'^sume to transgresse such orders & rules as are appointed 
for them to observe by y^ Com^^ of y? Indian afFayres in 
those parts, but that he Applye himselfe to keep his Indians 
in peaceable & good ordr both amongst themselues & also 
amongst their neighbours. Given und^ my hand & Sealed 
w''' y? Scale of y? Province at ffort James in New Yorke this 
z^ day of January in y? zz-"" yeare of his Ma"" Raigne 
Annoqp Dm 1670. 

[Francis Lovelace.] 
Recorded by Ord^ of 

y? Governor 

Anoth^ Com?" for a Sachem at Easthampton 
w'*" a blanke to put in a name. 



462 Province of New York [xmx] 



C- A. A Comission graunted to y^ Indian named 

(NYSL) Cawbutt to be Constable over y? Shinna- 

cock Indians. 

1670/1 Whereas it hath beene proposed unto me that for y^ bett'' 
Jan. 4 . . . ' ' . ... 

keeping of y"^ Indians in good order it would be requisite 

that one amongst them should be nominated and appointed 
as Constable, & that he may haue a Staffe w'*" y^ Kings 
Armes thereon by y*" Reputation whereof y^ rest of y^ Indians 
may be kept in a more quiett & peaceable condicon And 
having beene sued to for a Confirmation of a Sachem over y^ 
Indians neare Southampton comonly called y*^ Shinnacock 
Indians y? w'^'' accordingly I haue graunted, I do also 
hereby allow of y" Indian called Cawbutt who is recomended 
to be a person of a peaceable temper to be Constable amongst 
y? said Shinnacock Indians, & that he haue a Constables 
staffe as is desired. He is by vertue of his office to keep his 
fellow Indians in good order & to suffer no violence or abuses 
to be offer'd amongst them by Excesse of Drinke or other- 
wise, & w^'all to obey his Sachem, & to observe y'' Rules & 
orders appointed by y? Com^^ for y*" Indian affaires there 
for y^ doeing whereof this shall be his warrant. Given 
under my hand at ffort James in New Yorke this 4*-'' day 
of January in y? 22^^ yeare of his Ma^'''^ Raigne Annoq^ 
Dni 1670. 

[Francis Lovelace.] 
Recorded by order of 
y^ Governor 



Anoth'' warr* for a Constable at 
Easthampton w"' a blanke. 



Ix^x] Collateral and Illustrative Documents 463 

An Ord"^ prohibiting y^ selling of C. ^ 
Stronge Liquors to y^ Indians. (KYSL) 

Whereas Severall Complaints haue beene made unto me \i^ l\ 
from y'^ Townes in y" East Ryding of Yorkshire upon Long 
Island of divers abuses comitted by y^ Indians amongst 
themselues & sometymes amongst Christians occasioned 
by their inordinate & Excessive drinking of Strong Liquors 
whereof bloodshed hath often ensued, & frequently great 
danger of murther to be comitted, And there being likewise 
oth"^ Complaints that y® Indians doe ^fourme outward 
worship to y? Devill by Powowing in or neare y? Townes y? 
w'?'' is contrary to y® Laws Establish't in theise his R. H^? 
Territoryes & dominions. These are to require all officers 
of Townes or others whome this may Concerne that they 
Cause y^ Lawes prohibiting y" abuse of selling Liquor to 
y? Indians to be put in Execution & that y^ best course be 
taken to restraine these Exorbitances they are thereby 
subject unto, & also that y" Indians be not suffered to 
Powow, but y^ Laws in that Case be also followed, with this 
Provisoe that such ^sons who Imploy Indians in their 
whaling designe may haue libertye to giue them Encour- 
agem' by affording them some small quantityes of Stronge 
Liquor for their releife & that it be done w'!' Such modera- 
tion that no disord'^ or abuse do come thereby; Likewise 
that y" Indian Sachems of Shinnacock & Meantaukett 
haue some priviledge more then ordinary Concerning y? 
Receiving or disposall of y? like Small quantityes of Liquors 
to such Indians as they thinke deserve well of them. Given 
und"^ my hand at ITort James in New Yorke in y? 22'?" yeare 
of his Maties Raigne Annocp Dm 1670. 

[Francis Lovelace.] 



464 Province of New York [x^x] 

^:^^^ The Governo'? Lre to M' John Mulford, 

^NYSL) M' Thomas James & Mr Jeremiah 

Conckling at East Hampton. 
Gent. 
l6^ofl 'Y\yQ Governo' hath received yoT Lre by y? hands of M^ 
Cooper, wherein yo" intimate what conclusion yo" haue 
made w'?" y^ Indians for whome yo" were Suretyes to y? 
Com". He hath also ^used y? Copy of yor Indian 
Deed for a ^cell of Land made over to yo" in satisfac- 
tion for what yo" haue disburst for them, for w'^!' deed 
yo" desire his Hono" Confirmation & that it may be 
Recorded ; 

The Governor having advised w'-** his Councell upon this 
& other matters from yo^ parts hath beene pleased to giue 
me ord^ to retorne yo" an Answer, that he is well satisfyed 
w'!" y® Conclusion yo" haue made w*?' y? Indians & also 
that I should take a Copy of yo^ Deed to haue it Recorded, 
but desires since there are Com"? w'^ yo"? appointed for y" 
Indian Affaires that they should certifye unto him y? nature 
& Extent of y? Land made over to yo" by y? said Indians w'!' 
an Attestation of their free consent thereunto that hereaft'^ they 
may haue no Cause of Complaint that they haue beene Con- 
strayned to parte w'.'' their Land against their Will, Not that 
there is y'' least distrust of yo^ integritye in this or any other 
matters, but yo" being y? persons cheifly concerned it will 
be more regular to haue a Certificate about y® same from y^ 
oth' Com" no way related thereunto then from yo^selfes, 
y? w'^.'' being done yo" may haue what furth^ Confirmation is 
requisite, ffor oth"^ matters wherein yo" left a lattitude for 
M^ Cooper to Act as about restraint of selling Liquors to 
y? Indians & such oth' matt" he hath y? Severall ord'? there- 
upon, & will acquaint yo" what y? Governor hath done 
therein. 



[A°-x] Collateral and Illustrative Documents 465 



His Hono'^ intends to Answer M^ Mulfords Lre, & what ^■^^ 

2 : 627 
M' James adds at y? latt^ of yours more ^ticulerly, So I (NYSL) 

conclude leaving yoV to the Protection of y? Almighty & , 

remaine Jan. 5 

Yo^ Very humble Serv' 

Matthias Nicolls ' 
New Yorke 
Jan'?' 5'^ 1670. 



An Ord": concerning y? '^^ ^• 
Shinnacock Indians. (NYSL) 

Whereas I haue thought fitt to graunt & order Severall 1670/1 
matters relating to y? Indians of Shinnacock & Montaukett 
as also concerning those imployed in y? whale fishing, & 
y* abuse of selling stronge Liquors to y? Indians & their 
Powowing all w''.*' graunts & orders are Sent by y^ hands ot 
M"^ John Cooper of Southton These are to require yo^ 
upon sight thereof that yo" forthw'?' cause y^ Same to be 
publish't in y^ Severall Townes of Southampton & East- 
hampton & partes adjacent, & for what relates to y* Indians 
that yo" desire M^ James & M*^ Stanton or some oth^^ well 
acquainted w'!" y^ Indian Language to interpret! those 
matters unto them & likewise acquaint them with my 
pleasure herein, & for so doeing this shall be yo"^ warrant. 
Given und' my hand at fFort James in New Yorke this 5'?' 
day of January 1670. 

[Francis Lovelace.] 
To M*^ John Jennings — 

Marshall of y^ East Ryding. 

' Written by Nicolls as secretary for Governor Lovelace. 
[30] 



466 Province of New York [x^ 



C. A- The Com''? appointed for y^ Indian affaires 

CHYSL) at y? East end of Long Island, ordered to 

giue an Acd to y^ Governor concerning 
some of y^ Inftitants of Easthampton. 

Feb°^8 Whereas M'- John Mulford M^ Thomas James & Jere- 
miah ConckHng of Easthampton did request my confirma- 
tion of y? Sale of a certaine ^cell of Land by some of y^ 
Montaukett Indians unto them to w''.*' end they desired y? 
said deed might be Recorded in y" Office of Records here 
according to Lawe, y^ w*"^ I thought good to suspend untill 
I should receiue some further satisfaction therein from y? 
Com""? appointed for y? Indian affaires at y? East end of 
Long Island, And there being since that a Caveat desired 
to be entred by Mr Thomas Backer on behalfe of y? Majo^ 
parte of y^ Towne of East hampton against y? said Deed of 
Sale as being contrary to a former order & agreement made 
in y^ tyme of my Predecessor Co? Richard Nicolls, & may 
prove a great p''judice to y^ rest of y* Townes if they should 
be debarr'd of their Coinonage there. These are to ord"^ & 
appoint the Commission""? for y? Indian affaires aforesaid to 
take y? p'"misses into their Serious considerations & haueing 
carefully Examyned into y^ Same that they giue me Account 
thereof so that I may proceed thereupon according to Jus- 
tice & good Conscience. Given und"^ my hand at ffort 
James in New Yorke this 8*!" day of ffebruary in y? 23''' 
yeare of his Ma''?"^ Raigne Annofp Dili 1670. 

[Francis Lovelace.] 
To y? Com" for y^ Indian 
affaires at y^ East end of 
Long Island. 



[^x] Collateral and Illustrative Documents 467 



The Governo'^ Lre to M^ Mulford. c.^A 
M' Mulford (NYSL) 



1670/1 



I Rec"? yo' Lre of 21"' of December, & I hope I haue 
taken such a Course (by M'^ Cooper) as may satisfye yo"^ Fe'b.'g 
just complaint touching y? Exorbitance of y? Indians, & 
truely if you reflect but on y" power I haue invested you 
togeth'' w'^ y? rest of y? Com"? for y^ Indian affaires, yo":* 
will then conclude, that I should rath"^ expect to heare of y? 
Indians conformitye to yo"^ orders, as to dispose them to a 
better temper of life then to heare any Complaint of yours 
to y^ contrary since I haue invested yo" w'? power sufficient 
to Exact an obedience from them, but I hope all things are 
now to your satisfaction as to that perticuler. 

I was since sollicited by M"^ Topping in an affaire that I 
thought I had likewise taken care for, concerning y? Two 
Indians that M^ Cooper p'^tended to apperteyne to him by 
precontracts, I must confesse (though as you may well 
imagine) I was much in y^ darke and so likewise y^ rest of 
my Councell, as to an affaire of this distance, yett my care 
was so circumspect as not to lessen y? former authoritye I 
had invested you & y^ Com"^ w*^, that I resolved to referre 
y? matter wholly to your consideration & to extend that 
Justice as yo" conceived most effectuall. The businesse 
therefore as then so now lyes before yo" to determyne, to 
w'^.'' Mr. Topping chearfully Submitts, & therefore I recom- 
end it wholly to yo". The occasion as is alleadged 
of M'' Topping's taking this paines of a Journey hith% 
was that y? ord^ whereby y? Com"? were desired to decide 
y^ difference betweene him & Cooper was not product, 
w"^ so soone as he ^used y? Record of it, he see'md to be 
so satisfyed w"^ it, that he never would haue taken so fruit- 
lesse a Journey had he had but a sight of it there To w"*" 
direction & order I haue still referr'd, & therefore Expedite 
y^ difference as speedily as may be. 



468 Province of New York [^ 

C. A. Whils't I was dispatching him to his satisfaction I receiued 

(NYSL) anoth'' Lre from yoV of y^ first of ffebruary 1670, wherein 
, you seemed to Complaine as if yo" feared you might be mis- 
Feb. 9 represented to me by M'^ John Topping (& likewise for w''.'' 
I am indebted to your freindship) that I was traduc't by 
him, as if I had graunted out an Execution before both 
partyes were heard, T'is true yo" apprehended it rightly 
when it was so answer'd that that was false, for yo" 
know my order was not in y? nature of an imediate Execu- 
tion, but w'*' a reservation to y^ determination of y^ Councell 
for y? Indian affaires to w'^-*' I still referre him, chusing rath'' 
to incurre y? censure of a remissnesse, then in that where I 
cannot make a cleare demonstration (by my determination) 
an injustice to eith^ partye, & therefore left y* whole affaire 
as I found it to yo" who being on y'' place had better opper- 
tunityes to discover y? subtiltyes of it, then I with all my 
assistance could do, having now declared so much I can add 
no more to this perticuler, but it lyeing before yo" that yo" 
prosecute y? Scope of that order Mr Cooper brought to you, 
& to determyne as (I am confident yo" will) with Equity & 
Justice. 

I haue likewise sent yo? my resolution concerning yours 
& M^ James purchase of y? Indian land but in regard it 
has mett with fresh oppositions from your Towne, I desire 
that matter may be a little Suspended till I haue y': opper- 
tunitye (God willing) to visitt those parts & then I doubt 
not but to compose all affaires so as shall be to mutuall satis- 
faction, till then I must desire yo^ patience, I haue onely to 
add this (it being y? Subject of yo^ last Letter) that M"" 
Topping has not deliuered any thing to me concerning 
yo^ ^son but what Savoured much to yo^ worth & reputa- 
tion Comend me kindly to M- James & Excuse my not 
wryting to him, being resolved before longe to visitt him. 



Collateral and Illustrative Documents 



469 



I haue no more but my kinde respects to all o^ freinds & 
desire yo" to beleive that I am 

Yo' assured freind 
F. L. 
ffort James 
9"^ of ffeWr 
1670. 



C. A. 
2:647 

(NYSL) 

1670/1 
Feb. 9 



The Governo!^ Ratificacon of y*" Agreem' 4:'io4 
made between M"^ John Mulford, M-^ (NYSL) 
Thom: James &c: w"' some Indyans 
touching a certaine parcell of Land. 



Whereas there was an Agreem' made bearing Date y* first 
day of December 1670. between M'' John Mulford Justice 
of y" Peace, M"^ Thomas James Minist^ & Jeremy Concklyn 
Inhabitants of East-Hampton on y^ one part, & severall 
Indyans on y" behalfe of themselves & their Associates, y^ Pro- 
prieto^^ of y^ Land at Meantaukett on -f other part, touching 
a certaine parcell of their Land, the which y"^ said Indyans 
had convey'd & made over unto y^ said M'' Mulford & Com- 
pany upon y^ Considerations in y® said Agreem* sett forth. 
All w'''' was returned unto mee w"' their Request that y^' 
Agreem' might bee Recorded, & my Confirmacon had 
thereupon, but for some Reasons for that time was suspended 
untill Certificate was made unto Mee by the Commission" 
for y^ Indyan AfFayres in those parts, That all Obstructions 
& Objections against y^ Agreem' afores"^ were removed, & 
that there was a right Vnderstanding on all parts had there- 
upon; These Presents therefore Certify & Declare, That 
the Agreem' of Purchase made by the aforenamed M'' John 
Mulford, M"' Thomas James, & Jeremiah Conckling with 
the Meantaukett Indyan Proprieto" aforemen coned, re- 



1671 
May 3 



470 



Province of New York 



[x:ux] 



G. E. 
4:104 

(NYSL) 

1671 
May 3 



turned into y^ Office of Records here, is to all Intents & 
purposes of fforce & valid according to y" Condicons therein 
sett forth, & I doe hereby allow of & confirme y" same, 
against all other pretences whatsoever. Given under my 
Hand & Scale at Forte James in New Yorke this third day 
of May in y^ 23''' yeare of his Ma'!^^ Reigne, Annoc^ Domini 
1671. 

[Francis Lovelace.] 



G. E. 

4: 20 

(NYSL) 



1671 
Aug. 19 



A second Lycence granted to John 
Laughton of South ton to sell some 
Liquo" or Powd"^ to y'' Indyans. 

Whereas John Laughton of South-Hampton upon Long 
Island hath formerly had a Lycence from mee for the selling 
some small quantity of Liquo''^ and Powder to the Indyans 
there, to ys end they might be y^ more helpfull to him in y^ 
Whale-ffishing (wherein hee is a Partn"^) & in clearing some 
Grounds for him, y^ Date of w'^'' Lycence being now expired, 
and it appearing not hitherto that hee has any wayes behaved 
himselfe incivilly in that Employ; These are to Certify all 
whom it may concerne that I have againe given Lycence to 
the said John Laughton to make Sale or payment for Worke 
to y° said Indyans upon y® Acco' aforesaid in Liquo" or 
Powder; Provided y^ quantity of Liquo" be not above foure 
Anchors, nor Powder more then fourty or ffifty pound, and 
that it noe wayes tend to y" breach of the Lawes or disturb- 
ance of y"" publique peace. This Lycence is to continue 
for one yeare after y'' Date hereof, and noe longer. Given 
under my Hand at fForte James in New Yorke this 19th 
day of August. 1671. 

[Francis Lovelace.] 



[x^x] Collateral and Illustrative Documents 471 



Commission for Cap' John Howell ^; ^• 
to be a Justice of y^ peace in (NYSL) 
y*^ E. Riding of Yorkshire &c: 

Francis Louelace Escp &c: Whereas I have conceived a oct^iS 
good Opinion of y® Ability & Integrity of you Cap* John 
How^ell of Southampton in y° East Rideing of Yorkshire 
upon Long Island for the carrying on of Publiqj Affayres, I 
have therefore thought fitt to Constitute & Appoint you to 
be a Justice of y® peace of this Governm' within y^ Rideing 
aforesaid. Giveing you full power and Authority to Exe- 
cute all such Lawes as already are, or hereafter shall be made 
for y° good Governm' of these his Royall Highness his Terri- 
toryes; Hereby wilHng & requiring you to discharge your 
Duty as a Justice of y® peace ought to doe, and to observe 
such Rules & Instructions from time to time as you shall 
receive from mee concerning the same. And all other 
Persons within this Government are hereby strictly Charged 
& required to take Notice hereof, and to beare respect and 
give Obedience unto you in y* performance of yo"" Office of 
a Justice of peace appointed by Authority of his Royall 
Highness. And this Commission is to bee of fforce for one 
whole and entire yeare after the Date hereof. Given under 
my Hand & Seale at Forte James in New Yorke this 18'^ 
day of Octob^ in y^ 23''' yeare of his Ma''^ Reigne. Annoc^ 
Dm 1671. 

ffran: Lovelace 



An Ord^ about Whales. G. E. 

4:123 

(NYSL) 

Whereas I am given to understand, That there hath been 1672 
great Abuse by y*" neglect of y'^ Offic^^ of severall Townes *^ ^ 



472 



Province of New York 



[xxTxJ 



G. E. 

4:123 

(NYSL) 

1672 
May 2 



upon Long-Island in not makeing Enquiry into or securing 
his Royall Highness his part of Drift Whales or Great ffish 
cast upon y^ Beach or Shoare according to y* Directions in 
y^ Law, the w*^*" other persons p''sume to Engross without 
rendring any Acco'; ffor y^ p'^vention thereof for the future, 
and better securing y^ Dukes Interest therein, I have thought 
fitt to Constitute and Appoint, & by these Presents have 
hereby Constituted and appointed M"^ W" Osborne, & M"^ 
]n° Smyth of Hempstead to make strict Enquiry either by 
Indyans or others, of all such Drift Whales or great ffish as 
shall bee cast up on the Beach or Shore between y* Bounds 
of y* Towne of Seatalcott Eastward, & y'^ utmost part of 
the Lymitts of Gravesend or Coney-Island Westward; And 
if any such Whale or Great ffish shall bee at any time found, 
that they give an Acco' of and secure his Roy" Highness his 
Interest and part of them as in y^ Law is sett forth; And 
y*^ said W™ Osborne & John Smyth shall bee solely employed 
herein for and dureing y'^ space & Terme of [blank] yeares; 
They behaveing themselves therein according to y° Trust 
reposed in them. And for what they shall lawfully Act or 
Doe in the Premisses, This shall bee to them a sufficient 
Warrant. Given under my Hand at Forte James in New 
Yorke this 2"^ day of May in y" 24"" yeare of his Ma?'^'' 
Reigne, Annocp Dfn 1672. 

[Francis Lovelace.] 



G. E. 

4:159 

(NYSL> 



An Ord^ for Regulating y" Abuse of 
selling Liquo"^^ by y" small Meas- 
ure, us'd by some at Southton. 



1672 Whereas Comp^ hath been made unto mee by Zorobabel 

Philips who for severall yeares hath kept an Ordinary or 



[x:!axj 



Collateral and Illustrative Documents 



473 



1672 

July 4 



House of Entertainm' for Strang'^ in y^ Towne of South- G. E. 
ampton in the East Rideing of Yorkshire upon Long Island, (nysl) 
for y® which hee hath a Licence from y" Court of Sessions, 
& hath therein behaved himselfe conformable to the Lawes 
in that behalfe sett forth. That diverse of his Neighbours 
haveing noe Lycence or Toleracon at all soe to doe, doe 
presume to sell Strong Liquo?^ by y° small Measure contrary 
to the Lawes in such Cases provided; These are to require 
y^ OfRcl^"^ of y^ said Towne of Southtor, That they fore- 
warne any such Person for y^ future to sell any Strong 
Liquo'^'^ otherwise then in y^ Law is allowed, under y® penal- 
tyes therein sett forth, to bee immediately Levyed upon y"^ 
Breakers & Infringers thereof. Given under my Hand at 
Forte James in New Yorke this 4'-'' day of July 1672. 



[Fi^-^cis Lovelace.] 



Lycence granted to Zorobabell Philips of ^.'i^o 
Southton to sell Liquo" to y" Indyans. (NYSL) 



Whereas Zorobabell Phillips of Southton in y'^ East Rideing 
of Yorkshire upon Long-Island being engaged w'^ some of 
his Neighbo^^ as a Sharer in y'^ Whalefishing Designe, hath 
requested my Lycence that hee may bee permitted to sell 
some small quantity of Liquo" to such Indyans as may bee 
usefull unto them in carrying on of that worke, without 
whose help or Assistance therein, they finde it very difficult 
to goe on; These are to Certify all whom it doth or may con- 
cerne, That I have given Lycence to y® said Zorobabel 
Philips to sell some small quantity of Liquo^'' to those Indyans 
that shall bee employed by him or Company in y" said 
Designe for y^ space of one yeare after y^ Date hereof; 



1672 
July 4 



474 



Province of New York 



[x^'x] 



G- f • Provided it bee done w**" such Moderacon, that noe Abuse 

4; 100 

(NYSL) bee committed thereby, w'^'' may occasion Disturbance 
amongst the Christians or Indyans, nor any just Cause of 

July 4 Complaint from the Neighbourhood. Given under my Hand 
at Forte James in New Yorke this 4"' day of July 1672. 

[Francis Lovelace.] 



^- ^- [Licenses to sell Strong Drink to Indians.] 

(NYSL) 



1672 
Nov. 20 



Novem: 20'^ 1672. 

Commission granted unto John Laughton & John Jen- 
nings to sell Liquo!^ to y^ Indyans in Southampton, & parts 
adjacent, both joynd in one Commission, running after y^ 
forme of that Commission granted to Jn? Laughton in 
Anno 1669. 

The like to Edward Petty for Southold. 

The like also to W™ Perkins for East-Hampton. 

Memorand™ That John Cooper may have Lycence to 
furnish his Indyans w**" a Gyll of Liquo"^? now & then as 
occasion shall require, placing it to y* Acco' of part paym' 
of their Wages. 



G. E. 

4:233 
(HYSL) 



[Commission to Capt. John Howell.] 
Eodem die-viz' Novem: 20"° 1672. 



Hov'20 Commission granted, for Cap' John Howell to bee Justice 
of peace of y^ East Riding of Yorkshire for one yeare longer 



[x^x] Collateral and Illustrative Documents 475 



Liberty given to Jn° Cooper to employ some ^; ^• 
strange Indyans in y° Whaling Designe. (NYSL) 

Vpon y^ Request of John Cooper, that hee may have Liberty jj'^^^ g 
to employ some strange Indyans in his Whaling Designe, if 
hee shall see occasion as w^ell as those other Indyans belong- 
ing to the Towne, w"^ whom hee hath already contracted, 
there appearing noe Inconvenience therein, I doe approve 
thereof notwithstanding the Townes Order to y® contrary, 
provided others bee not debarred of the same Priveledge, if 
they shall see cause to make use thereof. Given under my 
Hand at fFort James in New Yorke this zS^^ day of Novem: 

1672. 

[Francis Lovelace.] 



A Confirmacon of an Ord^ made at v® East ®* ^• 

■' 4 : 236 

end of Long Island about Whaling.' (NYSL) 

Whereas there was an Ord^ made at a Towne Meeting in '672 

° Nov. 28 

Southampton upon y® second day of May last relating to 

y*" Regulacon of the Whale fishing, & employm* of the 

Indyans therein, wherein particularly it is menconed, that 

whosoever shall hire an Indyan to goe a Whaling, shall not 

give him for his Hire above one Trucking Cloath Coat for 

each Whale hee & his Company shall kill, or halfe the 

Blubber without the Whalebone, under a penalty therein 

exprest; Vpon Consideracon had thereupon I have thought 

good to allow of y^ said Order, & doe hereby confirme the 

same untill some Inconvenience therein shall bee made 

appeare; And doe also Order that the like Rule bee follow'd 

' There is also a copy of this confirmation, without material variation, in 
New York Colonial Manuscripts, vol. 22, p. 143, endorsed " John Coopers 
Papers 1676." 



476 



Province of New York 



[zja'xj 



^•2^6 ^^ East-Hampton, & other places, if they shall finde it prac- 
(KYSL) ticable amongst them. Given &c: Novemb- 28^*" 1672. 



1672 
Nov. 28 



[Francis Lovelace.] 



G. E. 

4:26s 
(HYSL) 

1672/3 
Feb. 26 



Licence for Jn? Cooper to sell small 
quantityes of Liquo^^ to the Indyans. 

Whereas it v?as referred to some of y^ Councell & y" 
Justices of the peace at the last Court of Assizes, to consider 
of some Orders, & Rules to bee observed as to the hiring or 
making use of Indyans in the Whaling Designe at the East 
end of the Island, & particularly as to John Cooper what 
proportion of Strong Liquo!^"" hee might bee permitted to 
allow^ his Indyans upon that Employm*, who thereupon 
represented unto mee, that it could bee noe prejudice, if 
hee did furnish any of them w"" a Gill of Liquo" now & 
then as occasion should require, placing it to the Acco' of 
their Wages, in part of paym- of the same, I doe very well 
approve of what was then represented concerning the same; 
of which the Justices of peace, & other Officers are to take 
notice, soe that the said Jn? Cooper hath the afores^ Prive- 
ledge, hee suffering noe Disorder to arise thereby amongst 
y*" Indyans. Given &c: this 26''' day of ffebruary 1672. 

[Francis Lovelace.] 
To all whom this may Concerne. 



G. E. 

4:281 

(NYSL) 



A Warrant to reinforce a Commission 
granted unto W™ Osborne & John 
Smith of Hempstead about Whaling. 



Apr^24 Whereas I gave a Commission y^ last yeare unto W™ 
Osborne & John Smith of Hempstead for a certaine time 



[x^x] Collateral and Illustrative Documents 477 

to have the Charge & Care of looking after & securing all ^- ^• 
Drift Whales that should happen to bee cast on the South- (NYSL) 
parts of Long Island within the space in the said Commis- 
sion limited, It being for the p'^vention of Abuses that had Apr. 24 
often been practized, diverse persons finding such Drift 
Whales having cutt them up & kept all the Proffitt to them- 
selves, deceiving his Royall Highness of his Dues, & at 
other times it being noe particular Persons Charge, such 
Drifts were neglected, soe both the Duke & Countrey had 
a Losse thereby; And being since given to understand that 
other Persons take upon them y" said Charge of looking 
after Drift Whales, giving noe Acco* of the same, nor taking 
Notice of my Commission; These are to require all Persons 
whom this may Concerne, That they bee Ayding & Assist- 
ing unto y*" said W"" Osborne & Jn° Smith in prosecuting 
their Commission; And if any Person by Accident doe heare 
of or finde such Whales within y* Lymitts in their Commis- 
sion specifyed. That they give Notice to y^ said Persons 
thereof, who are obliged to take Care about it, soe that the 
Duke bee not deceived of his Dues; w'^'' if every Person take 
it upon them may too frequently bee done; And for what y" 
said W"" Osborne & John Smith shall lawfully Act & Doe 
in prosecution of their Commission for the time & Terme 
afores'^ this shall bee to them sufficient Warrant. Given 
under my hand &c: Aprill y* 24''' 1673. 

Franc: Lovelace 

To all Justices of y* Peace, Constables, & 
other Offic"? to whom Applicacon shall 
bee made upon this Acd 



478 Province of New York [x^fx] 



No. XXX. 

FLUSHING, HEMPSTEAD AND JAMAICA— PRO- 
TESTS ADJUDGED TO BE SCANDELOUS, 
ILLEGAL AND SEDITIOUS; BOUNDARIES. 



^^^^ rindian Deed to Tamaica.l 

2:235 J J 



(Sec. State) 



Recorded for the Towne of Jamaica, 
the 5^'' day of March i66| 



1663/4 Know all men, whom it may any wayes concerne. That wee 

whose names are under written, being the true owners of a 

1667/8 Tract of Land, lying on the North side of this Towne of 
^' ^ Crawford, alias Jamaica, the said Tract of Land, being 
commonly called the Hills, I say being the true owners of 
the said Land, which is Bounded on the South side w"^ the 
Towne of Crawford aforesaid, on the East side with the 
mark't Trees, betwixt the Greate Plaines and the little 
Plaines, and so to rune North a Mile or more, over the Hills; 
The North Line or Bounds, to rune a Mile or more over the 
Hills, and so to rune west, or there abouts, till it meete 
with fflushing fresh Meadowes, and to run close to the South 
end of the said Meadowes, and to keepe his Course close to 
the South end of M"^ Doughtyes Swampe, commonly so called, 
and from thence to rune to the head of fflushing Kills or 
Meadowes, at the head of fflushing River, which shall bee 
the west Bounds of the said Tract of Land, runing thence 
South to the Bounds of Crafford, by former Purchase; I 
say wee Subscribed do for our selves, our heires and Succes- 
sor^ or any other that shall pretend Clayme there unto, fully 



[xxx] 



Collateral and Illustrative Documents 



479 



Sell and make over, unto the Inhabitants of the Towne of Deeds 

2 : 235 
Crawford, all the Lands contained within the said Bounds, (Sec. State) 

with all Priviledges and Appurtenances belonging there 

unto, for the Inhabitants of the Towne of Crawford above Mar. 19 

said, their Heires and Successo''' to hold, Possesse and Enjoy Recorded 



for ever; That this is our Act and Deed, ^ 


wee testify by Sub- 


1667/8 

Mar. s 


scribing our hands, th: 


is iq"" of March i66| 




"****' 


Subscribed before 


Tackpowshe 


X 


his Marke. 




Daniell Denton 


Sawascung 


X 


his Marke. 




Andrew Messenger 


Sawase 


X 


her Marke, 




his X Marke. 


Wamitawpak 


X 


his Marke. 






Hecomeack 


X 


his Marke. 






Mahakik 


X 


his Marke. 






Wigkwam 


X 


his Marke. 






Tuckquince 


X 


his Marke. 






Rockance 


X 


his Marke. 






Aramohor 


X 


his Marke. 






Romosowe 


X 


his Marke. 




At the 


Generall Meeting 

T « « ■ 1 1 1 


of 


the Deputyes 

1 ^-^ 


Deeds 
2:3 



of Long Island, held before the Governour (Sec. State) 
at Hempsteed, March the 2'^ 1664, 



Flushing ) 
Hempsteed ) 



It is this day Ordered, That a Parcell of Lands shall bee 
sett out for the Towne of fflushing, beginning at the head of 
Mathew Garretsons Bay (which by computacon is to bee 
interpreted, the middle of the Bay) and to runne South 
East about three Miles in Length, and in Breadth about 
two Miles; And that some Persons bee appointed by the 



1664/5 
Mar. 2 



480 Province of New York 



Deeds Townes of Hempsteed and fflushing, at the Charge of the 

(Sec. state) said Towne of fflushing, within [blank] dayes after the date 

,, hereof, to view and sett forth the same; And within the 

1664/5 

Mar. 2 space o( [blank] dayes after such Lands shall bee so viewed 
and set forth; The said Towne of fflushing shall returne to 
the Towne of Hempsteed, an Answer of their Acceptance or 
refusall thereof. 

The Towne off Flushing Accepted of the offer made them 
by their Neighbor^ the Towne of Hempsteed. 



Deeds 
2:4 



At a Generall Meeting of the Deputyes of 
(Sec. State) Long Island, held before the Governour 

at Hempsteed March the 2"? 1664. 



Flushing ) 
Jamaica ) 



liar! 2 It is this day Ordered, That a Lyne shall bee drawne to 
runn through the middle of the Hills in Controversie betweene 
the Townes of fflushing and Jamaica, East and West, par- 
rallel with the Lyne of fflushing, which shall bee the Bounds 
of Each Towne; And in regard the Towne of Jamaica hath 
disburst to the Natives for their Interest, the Sufne of Thirty 
pounds for the Purchase of the said Hills, And it appearing 
not, that the Towne of fflushing hath paid any moneys, or 
given any Satisfaction to the Indyans for the same; The 
Towne of fflushing shall therefore pay or Satisfy, the one 
moyety of the said Purchase money, to the Towne of Jamaica, 
and so each place shall enjoy their respective proportions of 
the Hills aforesaid, divided by y* Lynes above mentioned, 
in Common or other wise, as to either of them shall seem 
good. 



[^jj Collateral and Illustrative Documents 481 



At the Generall Meeting of the Depu- l^^eds 
tyes of Long Island, held before the (Sec. State) 
Governour at Hempsteed the 3** day 

Jamaica ) of March 1664. 

Hempsteed ) 

Whereas the Towne of Jamaica, doth lay Claime to the 1664/5 
little Plaines, which the Towne of Hempsteed alleadge to 
bee within their Pattent, Now in regard the said Towne of 
Jamaica, have for nine yeares past, enjoyed the said Plaines 
without molestacon, and cannot subsist without them. 
Neither is it knowne whether they are within the Bounds 
of Hempsteed Pattent; It is this day Ordered, That the lyne 
of Hempsteed Bounds, being drawne from the head of 
Mathew Garretsons Bay (which is to say the Middle of the 
said Bay), to runn directly to the South Sea, what part of 
the said little Plaines, the said Lyne doth not comprehend, 
to bee within y* Bounds of Hempsteed, shall bee and remaine 
to the Towne of Jamaica, and if any part thereof shall bee 
within the Bounds of Hempsteed, in regard they are Suf- 
ficiently provided, and Jamaica hath great Necessity thereof. 
Upon Neighbourly and moderate Termes, the Towne of 
Jamaica shall likewise bee posses't thereof, by Sale or 
Assignm' from the Towne of Hempsteed. 



At the Generall Meeting of the Deputyes I^ef^s 
of Long Island held before the Gover- (Sec. State) 
Jamaica. ] no^ at Hempsteed Mar'^f' 6: 1664 

New Towne. 
fflatt Lands, 
fflatt Bush. 
Brookland. 

It is this day Ordered, That the ffly Lands or Meadowes ]^^^l 
in controversy, betweene the severall Townes of Jamaica, 
[31] 



482 Province of New York [H^ 



Deeds New Towne, fflat Lands, fflattbush and Brookeland, shall 
(Sec. State) be Surveyed, and two able men are to bee appointed out of 
each Towne to take a strict view, what Meadow Grounds 
Mar. 6 they have respectively been supplyed with, for three yeares 
last past, and in case of non Agreement there upon amongst 
themselves, they shall Choose one Person to bee their 
Umpire, and what shall appeare to bee over and above the 
Proporcon of Meadow Grounds so made use of, in the time 
aforesaid, shall bee Alotted to those Townes who shall bee 
adjudged to have the greatest Number of Cattle, and the 
most need thereof. 

Richard Nicolls. 



^^^^s M' Coutilleau to lay out the Bounds 

2 : 22 ■' _ 

(Sec. State) of Hempsteed, Jamaica &c. 



1665 Whereas at the late Generall Meeting at Hempsteed, after 

much debate, and mature deliberation thereupon. There 
issued forth severall Orders to determine the Bounds in 
difference betweene the Townes of Hempsteed and flushing, 
Hempsteed and Jamaica, and fflushing and Jamaica; These 
are to Appoint and Authorize Jaques Coutilleau of New 
Utricht, and y" said Jaques Coutilleau is hereby Appointed, 
according to his best skill and knowledge, upon the last 
Tuesday of this instant Moneth, to Survey and lay out the 
Bounds and Limitts of the respective Townes, according to 
the directions in the said Orders expres't. And the Inhab- 
itants of each Towne, are to bee thereby concluded, Given 
under my hand at ffort James in New Yorke this 11"^ day 
of Aprill 1665. 

Richard Nicolls 



[xxk] Collateral and Illustrative Documents 483 



Instructions for y^ Surveying of y" Deeds 
South Meadowes on Long Island. (Sec. State) 

In pursuance of the Order made at the Generall Assembly 1666 
at Hempstead in March 1664, And to the end that an Exact 
Survey bee made of y^ South Meadowes, for the accoirio- 
dacon of the five several! Townes therein concern'd, that no 
controversy may hereafter bee continued, I conceive these 
following Instructions necessary. 

I?' That M"^ James Hubbard, and Jaques Coutilleau, at 
y* Charge of the five Townes, bee Employed to take an 
Exact Survey of the said Meadowes, in manner following. 

2'^'^ That the Survey begin from the Bounds of Hemp- 
steed Meadowes, taking them as they lye. 

3^^ That by the Judgm' of those who are p''sent, the 
goodnesse and the meanesse of the Meadowes bee concluded 
and put into writing, that a further judgment and compu- 
tacon thereof, may bee made. 

4*^'^ That the Meadowes bee Staked and Parcelled into 
Divisions of 20, of 30, and of 50 Acres, by which Proporcons 
BO laid out, the Bounds of the said Townes, may bee more 
Easily knowne & distinguis'ht. 

^thiy Xhat being upon the place, speciall notice bee 
taken in writing, what Meadowes ly most conveniently to 
Supply the necessityes of each Towne, with least trouble of 
passing the Creekes. 

6'^'^ That a breviate bee taken, what proporcon of Mead- 
owes, every Towne pretends unto, either by Purchase or Patent. 

jMy f hat in case the severall Persons appointed from 
the Townes, can upon the place, Agree to their severall 
Divisions, as they fall out upon y? Survey, I shall bee con- 
tented to ratify the same, when 'tis brought in Writing before 
mee; but if they cannot Agree amongst themselves (w'^'^ I 
suspect) then follow all y"^ i^' Points of my Instruccons, 



484 Province of New York [/A] 



Deeds and remitt y^ whole Survey, and your animadversions upon 
(Sec. State) the Meadow, to my further directions; for y" doing whereof, 
,,, and y^ particulars herein contain'd this shall bee yo"^ War- 
June 2 rant; Given under my hand in flFort James the 2^ day of 
June 1666. 

Rich-; Nicolls. 
To M-" Mathias Nicolls 
Secretary. 

^«f^is A Letter written to M' Denton,' and to 

2 : 42 

(Sec. State) y® Constable & Overseers of Jamaica. 

1666 I have reed an Account from M"^ Nicolls, of what past at 



June s 



yo"^ Towne, in relacon to the intended Survey of the South 
Meadowes, And having this day taken a View of the Survey, 
heretofore made byM"^ Jaques Coutilleau,of all the Meadowes 
from the fourth Kill, or Eastern part of Sellers Neck West- 
ward to Stromme Kill, and also your Paper w*'' the division 
of your Meadowes, into particular Lotts, whereof three 
onely of 50 Acres are laid out, upon Sellers Neck, I have 
thought fitt to Signify unto you. That I shall bee ready to 
Confirme unto your Towne, all the Meadowes as they are 
now laid out, from Hempsteed Bounds, to include the said 
50 Acres on y* West side of the Haw Trees, And to prevent 
any further Contests, that the remainder of the said Neck, 
shall here after bee and remaine to y^ use and accommodation 
of y" Inhabitants of New-Towne and Brookland, To w*^*" 
determinacon, your iiiiediate Answer and Consent is expected 
by this expresse, that matters of this nature, may no longer 
bee held in Suspence. 

Your very Loving fFriend 

Rich^ Nicolls. 
New Yorke, James ffort, 
the 5 day of June 1666. 

' Daniel Denton. 



[A°y ] Collateral and Illustrative Documents 485 



The Declaration of y^ severall justices C. A. 
of y? Peace concerning yT said Libells. (NYSL) 

Wee his Ma*'^** Justices of y? Peace w'.'^in theise his R. 1670 

, , . Dec. 21—22 

H''? his Territoryes & Dominions being assembled togeth"^ 

according to y^ Lawes establish't aty" Court of Sessions held 
at Gravesend for y" west Ryding of Yorkshire upon Long 
Island y? 21'^ & 22''' days of Decemb'' 1670. being assisted by 
some of y? Governo'? Councell & likewise of o^ brethren of y? 
North Ryding, having had y? ^usall of Three papers p'sented 
at y® Court of Sessions at Jamaica y? weeke before from 
& in y? name of y® Townes of Flushing Hempsteed & 
Jamaica, Upon mature deliberation & consideration had 
thereupon, Wee haue unanimously concluded & adjudged, 
That y? said Papers are in themselues false scandalous ille- 
gall & seditious tending onely to disafect all y? peaceable & 
well meaning Subjects of his Ma"° in theise in his R. H^^^ 
his Territoryes & dominions, & do declare this to be our 
Sentiments & opinions, y? w*^.*" we humbly represent to his 
Hono'' y® Governor & his Councell to proceed upon it as they 
Conceive shall best tend to y? Suppression of Such mis- 
cheifs as may Arise by y° Impression of false Suggestions & 
Jealousyes in y? myndes of peaceable & well meaning Sub- 
jects from their Just dutyes & obedience to y? Laws w'^'in 
theise his R. H^? his Territoryes & Dominions, And this we 
humbly p'sent attested und^ our hands. 



An Ord^ for y^ Libells drawne c. A. 
up by y^ Townes of fflushing (jjysL) 
Hempsteed & Jamaica to be 
publiquely burnt. 

"WTiereas at y? last Gen''"! Court of Assizes held at New '^70 
■« r . ' Dec. 29 

Yorke, amongst many things there propounded & concluded 

on, It was thought requisite for y^ welfare & safety of theise 



486 Province of New York t^ 



^•^- his R. W? his Territoryes & Dominions, that y^ fFort w'^'in 



(NYSL) this Citty, being fallen to ruin by reason of y? decay of y^ 
Pallisadoes should be taken into consideration & repaired, 

Dec. 29 And that y? Justices of y? Peace at their next Courts of Ses- 
sions should consult & conclude of y* ways & meanes whereby 
that worke should be put into Execution, to y"^ ease & satis- 
faction of y* Inhabitants, who then were to be acquainted 
w*^ what was then determined to be y? most Equitable 
way. But so it is that three Townes und^ his R. H^^ his 
Dominions That is to say fflushing Hempsteed & Jamaica, 
having called each of them a Towne meeting before y*? matter 
was recomended to them from their respective Justices of 
y^ Peace und'^ whose Rydings they apperteyne & having at 
their said Towne meetings drawne up seuerall papers, y" 
w*^*" they p'^sented to y^ Justices of y^ peace at y^ Court of 
Sessions held at Jamaica, who fusing y": Said papers they 
appeared in themselues so false scandalous & seditious that 
it was thought requisite to recoiiiend y^ consideration of y^ 
said papers & libell to y^ next Co"^' of Sessions to be held 
at Gravesend, To y^ end that all or most parte of y*? Justices 
being there mett might take y^ meritt of those Scandalous 
Papers into their Considerations, w'^'' being accordingly 
^fourmed. Upon mature deliberation & consideration had 
thereupon they did unanimously conclude & adjudge that 
y^ said papers were in themselues Scandalous illegall & 
seditious tending onely to dissafect all y^ peaceable & well 
meaning Subjects of his Ma''" in theise his Royall H^^ his 
Territoryes & Dominions & thereupon declared. That this 
their resolution should be so p'^sented to y" Governo'^ & his 
Councell to proceed upon it, as they should conceive would 
best tend to y? Suppression of such mischeifs as might arise 
by y*" Impression of false suggestions & Jealousyes in y" 
myndes of peaceable & well meaning Subjects, from their 
diityes & obedience to y" Laws w"'in theise his R. H^^ his 



U^lJ 



Collateral and Illustrative Documents 



487 



Territoryes & Dominions Now y" Governor & Councell 
hauing taken y'^ whole matter of fact into their serious Con- 
siderations, They do agree that what y^ Justices haue 
declared at their meeting in y? Court of Sessions held at 
Gravesend y^ 21^^ & 22"^ days of this instant month, And 
do adjudg that y'^ said Originall papers contrived & deliuered 
from y? severall Townes aforementioned of flushing Hemp- 
steed & Jamaica to be both Scandalous illegall & seditious, 
& y' y^ said Originall papers be openly & publiquely burned 
before y^ Towne house of this Citty at y* next Mayors Court 
to be held there, & y' y* principall contrivers thereof be 
inquired into & proceeded ag* according to their demeritts, 
& y^ Lawes of y^ Land Establish't, And that y^ Mayor of y? 
Citty be desired to publish this Proclamation & see y^ con- 
tents thereof put in Execution. Given und^ my hand & 
sealed w*!' y? Scale of y? Colony this 29'^ day of Decemb^ 

1670. 

F. L. 
Copy of y^ originall. 



C. A. 
2:651 

(NYSL) 

1670 
Dec. 29 



No. XXXI. 

STATEN ISLAND — LOTS LAID OUT FOR 

SOLDIERS. 



M^ Taques Cortilleau ordered and ^-^ 

J T _ 2:010 

appointed for y? Convenient laying (MYSL) 
out 40. Lotts, for y" settling 2. 
Towneships on Staten Island. 

Whereas it is Resolved upon that Two Townships shall be 1670 
setled upon Staten Island of 40. Familyes each. You are 



V 



488 



Province of New York 



c. A. 

2: 610 

(NYSL) 

1670 
Oct. 24 



hereby ordered & appointed forthw'!" to repalre to y? said 
Island, & first of all to take a view where 18. Lotts more 
may be added to y? 22. already laid out, or so many as shall 
compleate y? said number of 40. & that it be so Contrived 
that y? Lotts be not laid out stragling but neare one anoth% 
w".'' when yo" shall haue done, that yo" goe to y? great Kill, 
& pitch upon y? most convenient place for a Towne there 
of y^ like numb^ of 40. Familyes, & having made an Exact 
Calculation thereof, that yo" bring an Account thereof 
unto me by Monday morning next, & for so doing this shall 
be yo^ warrant. Given und^ my hand this 24**^ day of 

Octob^ 1670. 

[Francis Lovelace.] 
To Capt" Jaques 

Cortijleau Surveyor Gen"^" 



c. A. 
2: 614 

(NYSL) 



1670 
Hov. 17 



An Ord^ for y® Assisting & ayding of 
M^ Jaques Cortelijau in y^ laying out 
y^ Land upon Staten Island. 

Whereas I haue Imployed & Impowred Capt? Jaques 
Cortelijau to be Surveyo"^ Gen*^" & to lay out y? Lotts & other 
Lands upon Staten Island, according to y? Instructions he 
shall from tyme to tyme Receive from me. These are to 
require yo" to be ayding & Assisting unto him, & to furnish 
him w'i" what necessaryes, he shall haue Occasion of & for 
so doeing this shall be yo^ warrant. Given und- my hand 
at fFort James in New Yorke this 17'?" Day of November 
1670. 

[Francis Lovelace.] 
To y^ Officers or any others 

whome this may concerne 

on Staten Island. 



[x^d 



Collateral and Illustrative Documents 



> 



489 



An Ord"' from v^ Governo'' to Capt C. A. 

.. . , . 2:665 

Jaques Courtelija [jzc],for the laying (NYSL) 

out y Lotts on Staten Island. 



These are to require yo" that forthw"' upon sight hereof 
you repaire over to Staten Island, and according to Instruc- 
tions formerly given, that you lay out the severall Lotts of 
Land to compleat y^ present Towne there to y^ Number of 
41 Lotts; & also w^hat hath been agreed upon for y* New 
Towne. And that the same may be the sooner expedited, 
I have herewith sent to yo'' Assistance Serjeant Dowdall 
& Corporall Comely; At whose returne after you shall have 
compleated this Affaire, I expect from you a plaine Draught 
of y^ 2 Townes; and an Acco' of your particular proceed- 
ings herein. Given under my Hand at Forte James in New 
Yorke this 28"' day of March. 1671. 

[Francis Lovelace.] 



1671 
Mar. 28 



To Capt° Jaques Courtelija \sic\ 
Surveyour Gen" 



C. A. 



Order to Capt° Jaques Cortilleau for laying ^ 
out -f Souldiers Lotts on Staten Island (NYSL) 



These are to Authorize & Require you forth-with to lay 
out of y* Meadow-Ground at y* Great Kill upon Staten 
Island ffive Mergan or ten Acres a piece of Land as pro- 
portionably & conveniently as you can for each Lott both 
at y^ Old Towne & y* New Plantacon next unto it, & like- 
wise y' you give mee Acco' of y^ Overplus, out of w'^'' for this 
p'sent yeare I may pleasure those that have larger Stocks 



1671 
June 14 



490 



Province of New York 



Ixxxd 



c. A. ysfth 2 greater proporcon for their Supply; And for what 

(NYSL) you shall doe herein this shall be yo"^ Warr* Given under my 

Hand at fforte Tames in N: Yorke. Tune y* 14'^ 1671. 
1671 •' J y T / 

J"°^ *4 [Francis Lovelace.] 

I v(rould have yo" to ascertaine y° 5 Morgan to y^ new Lotts 
first beginning at this side of y" great Kill, & where y^ 
Meadow proves insufficient to make it up in a greater 
quantity. 



G. E. 

4:98 

(NYSU 



A Proclamacon about y^ Lotts granted on 
Staten-Island, enjoyning those persons 
who have promises of Land there, to 
bring in their Names to the Secretaryes 
Office, and w^'in a certaine time to 
fence in y'^ same. 



1671/2 

Jan. 25 



Whereas Applicacon hath been made unto mee by diverse 
Persons since my Resolucon of y^ Settlem' of y"^ New Townes 
& Plantacons upon Staten-Island, That they may bee 
Admitted to have Lotts there, for y" w''*' severall of them have 
my Graunts, Upon Condicon they shall improve & build 
thereupon; To y" End the same may bee accomplisht, 
according to y" Intent of y^ said Grants, I have by & w'*' y" 
Advice of my Councell Thought fitt to Order, Publish, & 
Declare That the Names of all those that have Graunts of 
New Lotts of Land upon Staten Island shall bee brought in 
to y*" Secretaryes Office at y" ffiDrte, & haveing by my Order 
their respective Lotts of Land assigned unto them as they 
are laid out by y" Surveyo'' Geri'^" (w"" my Patents for their 
Confirmacon,) Time shall bee given them untill y® first 
day of May next for y^ {Fencing in their Home=Lotts as y« 



[xxml 



Collateral and Illustrative Documents 



491 



Beginning of their Settlem'. But whosoever shall refuse or 
neglect to doe y*' same w'^'in y" time p'^fixt, their Graunts & 
Patents shall bee judged void & invalid, & their Lotts 
reverst to y* Governo" Disposall as hee shall thinke fitt. Of 
y° Publicacon of this Order & Proclamacon all Persons 
concerned are to take Notice, that they may bee left w*''out 
Excuse. Given under my Hand &c: this 25"' day of Jan'^''. 
1671. 

[Francis Lovelace.] 



G. E. 

4:98 

(HYSL) 

1671/2 
Jan. 25 



No. XXXII. 

NEWTOWN — ESTATE OF JOHN COCKRAM SOLD 

FOR DEBT. 



An order to expose John Cockrams O. W. L. 
Estate to sale. (nysl) 



Whereas John Cockram late of New Towne in y'^ West- 
Riding upon Long Island, hath absented him selfe from his 
habitacon and usuall place of abode, having not taken any 
care to discharge his Debts. And there being a Summe of 
Money due from him to the Publick, which hee collected, as 
hee was Constable, as also divers other debts and Engagem'^ 
upon his Estate. For the better Securing of each persons 
Intherest[ji(r]. I doe hereby authorize and appoynt the present 
Constable M'' Francis Doughty and Overseers, to expose to 
Sale the Estate of y" Said John Cockram lyeing within 
their Towne and precincts to y" best advantage and after 



1669 

Apr. 19 



492 



Province of New York 



o. w. L. 

2:395 

(NYSL) 

1669 
Apr. 19 



having deducted the pubUck debt aforemenconed to Secure 
the remainder untill the next Court of Sessions who are to 
adiudge how the residue of y^ Debts Shall be paid, following 
the directions in the Law Sett forth. Given under my hand 
att Fort James in New Yorke this 19*'' day of Aprill in y"" 
ai*** yeare of his Ma''" Raigne AnnoqJ Domini 1669.' 

[Francis Lovelace.] 



C. A. 

2:523 
(NYSL) 



A Protection Graunted to John Cockram 
of New Towne. 



1670 
May 6 



Whereas John Cockram late of New Towne upon Long 
Island hath absented himselfe out of this Governm' upon y" 
Account of severall Debts he had Contracted for y^ payment 
whereof his Estate was ordered to be sould but as yett nothing 
hath beene effectually done therein whereby y'' Creditors 
are still unsatisfyed & his Estate goes to decay, upon y 
Petition & request of Elizabeth his wife that he may be 
admitted freely to retorne to y'' place of his former abode 
shee proposing that in person he can bett^ pay or compound 
for his said debts then can by any oth^ way be effected, I 
haue for y^ reasons aforesaid thought fitt to give him my 
protection from any wrytts warrants arreasts or Execucon he 

' Francis Doughty, under this order, sold at public sale " a certaine farme 
there [Newtown], belonging to John Cockram to make payment of his Debts 
to his Creditors." Doughty himself secured it as the highest bidder, but 
became dissatisfied with his bargain and petitioned the next general court 
of assizes, in November, 1669, for a release, on account of uncertainty in the 
stipulations of purchase price and manner of payment. The court granted 
his request and ordered the re-sale of the farm, on December ist, following, 
and that Doughty " do use his best skill & endeavour in promoting y^ Sale 
thereof to y^ best advantage of both Creditors & Owner, & also give notice 
to y<= Severall Townes, of y*^ tyme appointed for y^ said Sale." — Court of 
Assizes, vol. 2, pp. 209, 220, 224. 



[xxxu] Collateral and Illustrative Documents 493 



lyes lyable to for any debt or Trespasse he is lyable to so C. A. 
that he may safely & freely retorne home & take such (NYSL) 



1670 



Course as is proposed w".*^ protection shall continue firme 

& so longe as I shall fynde he prosecutes y* same to his May 6 

utmost power Given und^ my hand & seale at fFort James 

in New Yorke this 6'^ day of May 1670. 

[Francis Lovelace.] 
To all Officers or whome else 
this may concerne. 



M^ Elias Doughty ordered to be put C. *. 
into possession of y* house & Land (NYSL) 
belonging to John Cockram. 

Whereas there was an Ord^ of Councell bearing date y? «'^°''* 
24'^ day of February last, wherein it is Exprest, that M' 
Charles Bridges and Sarah his wife are to be invested 
& to haue possession of y^ Estate late belonging to John 
Cockram of New Towne ats Middleborough lyeing & being 
in that Towne, And it appearing that they haue made over 
& conveyed their Right & interest unto M^ Elias Doughty 
upon Considerations agreed upon betweene them, These 
are therefore to Authorize & require yo" to put y° said Mr 
Doughty into possession of y* house land and appurtenances 
lately belonging to y® aforementioned John Cockram, 
any oth^ Clayme or p'"tences thereunto notw^^'standing, & 
for so doeing this shall be your warrant. Given und"^ my 
hand this 9"" Day of March 1670. 

[Francis Lovelace.] 
To y? Constable of New Towne 
als Midleborough. 



494 



Province of New York 



r Nos 
Lx: 



Nos. 7 
XXIII-IVj 



HEMPSTEAD 



No. XXXIII. 

COUNTRY RATES AND CAPTAIN 
JOHN SEAMAN. 



C. A. 

2:519 

(MYSL) 

1670 
Jilay 5 



An Ord*^ for y^ suspending of y^ Country Rates 
of C. John Seaman: of Hempsteed. 

Vpon the Request of Capt" John Seaman of Hempsteed 
that he may be suspended y'^ paymt of his Country Rate 
untill Slaught^ tyme he alleadging not to be provided w'-*' 
Come to giue present satisfaction, I have thought good 
to accept of his proposall, provided he make payment thereof 
in good Porke this next Season to Mr Bedlow whose receipt 
given him thereupon shall be his discharge, In y^ meane 
tyme y^ Constable of that Towne is to take notice hereof y" 
w^*" shall be allowed him in his Account. Given und^ my 
hand at Fort James in New Yorke y'' 5'*" day of May 1670. 

[Francis Lovelace.] 



No. XXXIV. 

STATEN ISLAND — ESTIENNE GAIGNEAU vs 

JACQUES GUYON, ATTORNEY FOR JEAN 

COLLYN, ABOUT LAND. 



C. A. 

2:560 

(NYSL) 



1670 
July 4 



Liberty Graunted to Jaques Guyon to 
remaine for one yeare in y? place 
where he now is. 

Whereas Jaques Guyon hath requested of me that he 
may haue leaue to mowe some Grasse in the meadows neare 



LzxxivJ 



Collateral and Illustrative Documents 



495 



C. A. 

2:560 



1670 
July 4 



him where for y? p'"sent he is seated for his winter provision 
of Hay for his Cattle, These are to Certifye all whome it may (NYSL) 
Concerne that I haue giuen him leaue as yett to Continue in 
y^ place where he hath begun a Plantation & do graunt him 
priuiledge to cutt his Hay where he desires, untill his pro- 
portion of Land shall be more certainly layd out to him. 
Provided he giue no disturbance in y? meane tyme to his 
neighbours of y? Towne who are hereby likewise required 
not to molest him in y': Enjoym' of y*: p'^misses. Given undr 
my hand at fFort James in New Yorke this 4''' Day of July 
1670. 

[Francis Lovelace.] 



Jaques Cortelijau & Peter Bilieu & [Layten C. A. 
Walrane] to determyn y" businesse betweene (HYSL) 
Estienne Gaigneau & Jaques Guyon. 



Whereas there is a matter in difference depending betweene 
Estienne Gaigneau late of Staten Island on y"- one parte, & 
Jaques Guyon now residing there as Attorney of Jean CoUyn 
on y^ oth' parte for & concerning y^ Interest that each of 
them p'^tends to haue upon a certaine Lott of ground upon 
y^ Said Island & y? Rents or profitts thereof, These are to 
authorize & appoint yo" Capt" Jaques Cortelijau, Peter 
Bilieu & Layten Walrane to heare & Examyne into y^ Said 
matter & to render me as Soone as Conveniently you can an 
Account thereof und^ yo"'' hands, togeth^ w'-** yo^ Judgm' 
thereupon that I may make a finall determination thereof 
according to Justice & good Conscience Given und"^ my 
hand at ffort James in New Yorke this 4''' Day of March 
1670. 

[Francis Lovelace.] 



1670/1 
Mar. 4 



496 Province of New York [x^vl 



No. XXXV. 

DELAWARE — DISTRESSED CONDITION, INDIAN 

OUTRAGES AND THREATENED INDIAN 

WAR, DEFENSE AND NEW SETTLERS. 



^- *• The Governo" Lre to Cap' Carr 

2:578 _ t^ 

(RYSL) St 

1670 Yor Lre of y? aa'"^ instant togeth^ w"' y? ill news arived 



Aug. 24 



my hands, & as I cannot but expresse a great sadnesse for 
y? misfortune those poore people haue suffered und% so I 
cannot Acquitt y? magistrates of New Castle of too much 
remissonesse & security in relation to y? Indians perticulerly 
in not avenging y^ last murther comitted on Mr Tom's 
servants the Omission of v/^^ may be a great inducem- to 
y? Indians to perpetrate this villany they haue thus lately 
Acted into w?*^ I would haue yoV make a narrow & zealous 
discovery, I do well approue of your retorne to yo- Charge, 
& though I cannot giue yo"^ a perticuler instruction how to 
comport yo^ selfe in that affaire to w':'* I am altogeth'' in y? 
darke yett thus farre in Gen'" may serve for yo^ directions. 
• ffirst that yo" strengthen yor selfe in yo"^ Garrison both to 
y^ reperations (in some sorte) of y? decayed works, & likewise 
to y? recruite of yoT men. 

Next that yo" must' y® Burgers disposing them in such 
ord' to their watches as may secure them from any surprises. 

Lastly that yo" Surnon y? Com" & w.^ them consult y? 
best way to discover y* Assasines & then to proceed to a 
demaund or forcing y? Indians to deliuer up y? partyes that 
so they may be brought to Condigne punishm' 

I haue onely this to add that you be carefull on all occa- 
sions to giue me advertisem' of yo' proceedings & how y? 



IxxxvJ 



Collateral and Illustrative Documents 



497 



complexion of Affaires stand w"" yo" that so I may apply a 
tymeiy assistance if need require, & so I comend yo" to y? 
protection of Almighty God & asure yo" that I am 

Yor Loving freind 
ffort James 24-*' August 1670. F. L. 

I haue satisfyed y? messeng^ according to yo^ desire Now 
y^ harvest & oth"^ publique work is done y^ Peasant will be at 
Leasure to assist yo" w"" workmen to repaire y? ffort 

My service to all w?** yo"? 



C. A. 

2:578 
(NYSL) 

1670 
Aug. 24 



[Propositions from Carr and others about Fortifications at *'°'" ^^^* 

Delaware.] (NYSL) 

■■ Dutch 



Op d. propositie van d" 
H: Cap'- Caar aen d. Heren 
Hooge Raden, dat een be- 
quame plaets haer in Niu 
Castel mach uijt gesien 
werde, om eenige fortificatie 
tot deffentie in tijt van noot 
te hebbe. Als meede dat 
bouen Christina Kil oock 
een bequame plaets mach 
uijt gesocht werde, om in tijt 
van noot tot een toevlucht, 
om haer vast te macken e 
deffenderen/ 

Op welcke propotie is 
geantwoort e resolueert 

I : Dat de bequamste 
plaets in Niu Castel, wert 
geacht op d. Marckt daer de 
[32] 



Translation: 

On the proposition of the 
Hon. Capt. Carr to the Hon. 
High Council that a suitable 
place may be selected in New 
Castle where the people can 
have some fortification to 
defend themselves in time of 
need; and also, that above 
Christina Kil another suita- 
ble place may be chosen, to 
serve in time of need as a 
refuge, where the people can 
fortify and defend them- 
selves/ 

On which propositions it 
was answered and resolved: 

I : That the most suitable 
place in New Castle for a 
place of defense [consisting] 



1670 
Oct. 5 



498 



Province of New York 



r No. 1 
LxxxvJ 



Col. MSS. klock hangt, om den difFen- 
20: II . ° 

(NYSL) tiue plaets te macken van 

block huijssen, in alsulcke 
1670 formen te ordonneren als 
bequamst sal geacht werde; 
mits dat H: Cap'' Caar de 
gront daer toe vereijschende 
euiglick sal quiteren, sonder 
eenige act[ie] daer meer aen te 
behouden. Belangende de 
bekostinge e arbeit van de 
vorseijde vastigheit, e Block 
Huijssen, Sullen voor eerst 
de borgers van Niu Castel 
Jder naer sijn qualiteit e 
Staet in verschot wessen van 
penningen, om de arbeits 
luijden te betallen, mits dat 
de inwonders in deese Juris- 
dictie bequam tot alsulcke 
arbeit, sullen gehouden wes- 
sen te arbeijden, naer gele- 
gentheit van Sacke/ 

2: Belangende d. fortifi- 
catie bouen, wert gelatten in 
discretie van d. H: bouen, 
om op d. bequaemste plaets 
of plaetsen, tot haer def- 
fentie te ordonneren/ 

3 dock alles mit desse in- 
sichten het tot gheen orloge 
Comt mit de Natturellen, 
twelck godt verhoet, de vor- 



of block-houses is thought to 
be the market-place, where 
the bell hangs, and that order 
be given to build them there 
of such design as shall seem 
most suitable, provided that 
the Hon. Capt. Carr shall 
grant forever the ground re- 
quired therefor, without re- 
taining any claim to the 
same. As to the charge and 
labor for the aforesaid forti- 
fication and block-houses, the 
citizens of New Castle, each 
according to his means and 
condition, shall at first ad- 
vance the money to pay the 
laborers, provided that the 
inhabitants within this juris- 
diction, who are able to do 
such work, shall be obliged 
to work as occasion may 
require. 

2: As to the fortification 
above [Christina Kil], it is 
left to the discretion of their 
honors there to order [that 
buildings] for their defense 
[be constructed] at the most 
suitable place or places. 

3 All, however, with this 
understanding, that if no war 
breaks out with the natives, 



Opposite p. 498. 




Oi 
< 

Pi < 

< J 

u w 

^° 

Z: 'r- 



O 2 
CO r> 

2 I 



< 



IxxxvJ 



Collateral and Illustrative Documents 



499 



seijde block huijssen sullen 
gebruickt werde vor pup- 
licke huijssen als raet huijs, 
gevangen huijsen, als anders 
nodich vor publick, mits t' 
dan tot t'gennerael e pub- 
licke reckenning e onkosten 
ouer t'heele reuier sal ge- 
bracht werde/ 

4: desse resolutie tot gheen 
Executie te bringen, sonder 
ordere van d. H: gennerael, 
te hebben, mar w^el Sekrete- 
lick nodiche preparatie te 
macken, Sonder eenige sus- 
pitie te geven aen d. nat- 
turelle: 

Aldus gedaen e gearres- 
teert dessen 5 octoB: 1670: 

John Carr 

Win Tom 

H: Block 

Israel Helm 
t Merck X van Piter Rombo 
t'Merck X van Piter Kock 



which God forbid, the afore- 
said block-houses shall be 
used as public buildings, 
such as court-house, prisons, 
or otherwise as necessary for 
public [purposes], provided 
that in that case [their erec- 
tion] shall be charged to the 
general and public expense 
account of the entire river. 

4: This resolution shall 
not be carried into effect 
without order from the Hon. 
General, but the necessary 
preparations are to be made 
secretly, without arousing any 
suspicion among the natives. 
Thus done and resolved, 
this 5th of October 1670: 

John Carr 

Witt Tom 

H: Block 

Israel Helm 
the mark X of Pieter Rombo 
the mark X of Pieter Kock 



Col. MSS. 
20: II 
(NYSL) 
Dutch 



1670 
Oct. 5 



Endorsed: Proposicons made about the fortificacons at 
Delaware, vnder the hand of C. Carre & the rest of the high 
Co"^' there. 1670. The order off the High Court. 



[Examination of Indians about Depredations at Delaware.] Col. MSS. 

Translation: ^^fV* 

Dutch 

Sachems present: 

. 1670 

Rinna Wiggen Oct. 6 



present de sackimakers 
Rinna Wigge 



500 



Province of New York 



Uxi'vJ 



Col. MSS. Oebequeme 
20: 14 1 

(RYSL) Menninckta 
Dutch 

Oijagrakun 

00^6 Quequirime 
Megeras 



Pemenacke 
Colopapan 
Magaecksie 
[Be ?]rensies 
Mannanenge 

Op vrijdach sijnde den 23* 
septemb sijn wij te weten 
marten roseman Edman 
kantwel, en pieter Cock, 
pieter rambo Israel Helm, en 
Matheus de Ringh Clercq. 
gekome alsoo wij alle van 
E Heeren vande gerechte 
daer toe *socht waere. Op 
een wilde plaetse ofF plan- 
tagie genaemt Annockeninck, 
alwaer een deel wilde ver- 
gaert waere en noch ver- 
gaerden om te kintekaijen 
met eenige sackimakers, 
wiens naemen hier neuens 
staen, naer dat wij daer 334 
daegen nae het vergaere van 
rest vande sackimakers en 
andere wilden gewacht had- 
de, de welcke niet al gecomen 
sijn, soo hebben wij haer 
onse saecken voorgedraegen 
en gevraecht. 



Oebequeme 

Menninckta 

Oyagrakun 

Quequirimen 

Megeras 

Pemenacken 

Colopapan 

Magaecksie 

[Be ?]rensies 

Mannanengen 

On Friday, being the 23d 
of September, we. Marten 
Roseman, Edman Kantwel, 
Pieter Cock, Pieter Rambo, 
Israel Helm and Matheus 
de Ringh, clerk, at the re- 
quest of the honorable gen- 
tleman of the Court, came 
to an Indian village or plan- 
tation called Annockeninck, 
where a number of Indians 
had gathered and were still 
gathering, in order to kanti- 
koy with some sachems whose 
names are written in the 
margin. After we had 
waited three or four days for 
the arrival of the rest of the 
sachems and other Indians, 
who did not all come, we 
stated our business and in- 
quired : 



r "»• 1 

IxxxvJ 



Collateral and Illustrative Documents 



501 



Vuijt wat oorsaeck datse 
van ons volck hebben doot- 
geslage en vermoort en heb- 
ben haer vorders geseijt en 
genoemt aldie geene die sij 
vermoort hebben, van die 
tijt afF dat de Engelse hier 
int lant syn gecomen tot nu 
toe, de welcke [ti ?]en jnt 
getal sijnde, met noch veel 
omstandige rede[nen te Ian]gh 
cm te verhaele, 

[Mutilated] hebben geant- 
woort dat sij geen van alien 
[mutilated] wiste, te weten 
van Kahonsij afF tot aende 
[mutilated] toe, waer op sij 
voort een Cleijn bosie wit 
seewant ontrent 334 vadem 
aen ons getoont en gegeue 
Op die Conditie dat wij soo 
lange soude patientie hebbe 
sij souden de moordenaers 
soecke, en opbrenge, soo 
wanneer sij die konden vin- 
den, en s[oo] hebben noch 
een bosie wit seewan gegeue, 
met dese woorde daer bij 
voegende als dat sij geen 
Oorloch en sochte, en datse 
mochte uyt jage gae en op 
en neer bijde Christenen han- 
dele gelijck als vante vooren 



For what reason thev had Col. MSS. 

-' Ort • T ^ 



killed and murdered some of 
our people, and [we] further- 
more told them and named 
all those whom they had 
murdered from the time that 
the English came to this 
region until the present, who 
number ten [ ?] in all, with 
many other details too long 
to relate. 

[They] replied that they 
did not know of any of them, 
. . . that is from Kahon- 
sij to ... , whereupon 
they showed and gave us a 
small string of white sea- 
want, about three or four 
fathoms long, on condition 
that we should have patience 
till they sought and delivered 
up the murderers, if they 
could find them, and then 
they gave us another string 
of white seawant, adding 
these words: that they did 
not seek war, and that they 
wished to be allowed to go 
hunting and trade among the 
Christians as formerly, and 
to the Mincquas, that is the 
South Mincquas, whom we 



20: 14 
(NYSL) 
Dutch 



1670 
Oct. 6 



502 



Province of New York 



IxxxvJ 



Oct. 6 



Col. MSS. en hebben oock aende minc- 
20: 14 

(HYSL) quaese te weten S — mine- 
Dutch . .. ,. .. , ,•• 
quase gesijt, die wij mede bij 

1670 ons hadde, dat sij geen meer 
vande Christenen souden 
dootslaen, waer op sij 
oock aende mincquasen een 
schenckasie hebben gegeue, 
te weten een bant seewant 
met een bosie wit seewan, 
nae dat de mincquaesen eerst 
aen haer eerst een schenc- 
kagie hadde gegeuen, en heb- 
ben een heele oratie gedaen, 
als dat wij broers waeren 
met maelcandere en datse 
broers en vriende sochten te 
blijuen, en dat sij bedroeft 
waeren dat sij sulcx gedaen 
hadden, en datse moeste 
weten datse rondom onder 
de Christene saete, en wesen 
haer daer woonen Christene, 
en daer woone Christene 

als datse haer bekent 
maeckte; dat sij rondom 
onder de Christenen woonde, 
en als sij oorloochde waer 
dat sij dan haer kruijt en 
loot souden vandaen krijge 
met veel diergelijcke dinge 
meer die sij aen haer seijden 
Wij hebben haer wederom 



had also with us; they said 
that they should not kill any 
more of the Christians,where- 
upon they gave also a present 
to the Mincquas, to wit, a 
belt of wampum with a string 
of white seawant, after that 
the Mincquas had first given 
them a present, and made 
quite a speech, to the effect 
that we were brothers of one 
another, and that they sought 
to remain brothers and 
friends, and that they were 
sorry that they had done so, 
and that they must know 
that they were surrounded 
by Christians, and showed 
them here live Christians 
and there live Christians; 
declaring to them that as 
they were surrounded by 
Christians, if they went to 
war, where would they then 
get powder and ball, and 
many other similar things 
which they said to them. 



We answered them, when 



[xxxvj 



Collateral and Illustrative Documents 



503 



geantwoort, en geseijt, toen 
wij dit gelt off seewant ont- 
finge, dat wij dit ontfinge 
niet tot versoeninge vande 
moort die sij gedaen hebben, 
maer dat wij het alleen ont- 
finge bij provisie tot een 
getuijgen als dat sij de moor- 
denaers souden soecken en 
opbrenge Want onse groote 
sackimaker seijden wij die 
en was [met] geen gelt te 
vreden, maer die wil hebben 
dat gij de moor[ders] op- 
brenght. Wij seijden oock 
dat wij ons verwonderd [en] 
dat niet een van al de sacki- 
makers off van wilde en 
w[ist] wie dat de moort ged- 
aen hadde en hebben haer 
self[fs de] moorders genaemt 
die wij meenden de moor[t 
gedaen] te hebben, dewelcke 
waeren met naemen A\[mutt- 
lateJ] kecksioes,en de breeder 
[van]Wissapoes 

Waer op sij antwoorden 
[mutilated] hadden, en dat 
sij tselue [mutilated] dien 
nacht doen de moort g[edaen] 
[mutilated] allomgack in assis- 
kon[ck] [mutilated] [ke]ck- 
sioes was bij de sackimakers 



we accepted this money or ^°'- MSS. 

•^ . ■' 20: 14 

seawant, and said that we (NYSL) 
... . Dutch 

did not accept it as an 

expiationof the murder which i'^'^", 
they had committed, but 
that we accepted it only pro- 
visionally as a pledge that 
they would seek and deliver 
up the murderers, for our 
great sachem, we said, was 
not satisfied with money, but 
wants you to turn over the 
murderers. We said also 
that we were surprised that 
not one of all the sachems or 
the Indians knew who had 
committed the murder, and 
we ourselves named those 
who we thought had com- 
mitted the murder, namely, 
Al[lomgack,] Kecksioes, and 
the brother of Wissapoes. 

Whereupon they replied 
. . . had . . . and 
that they the same . . . 
the night that the murder 
took place . . . Allom- 
gack in Assiskon[ck] . . . 
[and] Kecksioes was at home 
with the sachems, and the 
brother of Wissapoes was at 
the house of the brother of 
the "crazy farmer," and fur- 



504 



Province of New York 



[xxxvj 



Col. MSS. thuijs en de broer van wis- 
20: 14 •" 

(RYSL) sapo[esj die was thuijs bij 

de maleboer sijn broer, en 

1670 voort dat wii souden te 

vreden wesen dat sij souden 

soecken die het gedaen hadt. 

Wij hebben haer oock ge- 
vraecht waerom dat sij het 
goat van pieter siegee, en 
van pieter Alrichs gestole en 
gerooft hadde 

Waer op sij Antwoorden 
en seijden dat sij dat niet 
gedaen en hadden, noch oock 
niet van en wisten, maer 
dat het de wilden van Assis- 
conck gedae hadde, en dat 
sij selfFs haer daer van be- 
vrijden 

Dit is tgene wij met de 
Wilde jndiaene hebbe gehan- 
delt. 

Was ondertz 

Matheus de Ring 
Clercq 

Naer coUatie accordeert 
dese met syne principale in 
dato en ondertz als boue 

Tot N: jorck den 6^ Octo- 
ber 1670 

Bij mij 
D V Schelluijne Nots Publ 
1670 



ther that we should be con- 
tent that they would search 
for those who had done it. 

We asked them also why 
they had stolen and robbed 
the goods of Pieter Sieger 
and Pieter Alrichs. 

Whereupon they answered 
and said that they had not 
done it, neither knew any- 
thing about it, but that the 
Indians of Assisconck had 
done it, and that they them- 
selves had freed them from 
those Indians. 

This is what we treated 
about with the savage In- 
dians. 

Was signed 

Matheus de Ring 
Clerk 

Upon comparison this is 
found to agree with the 
original, dated and signed as 
above. 

At New York, this 6th of 
October 1670, 

By me, 
D. V. Schelluijne, 

Notary Public 

1670. 



[xxxv] Collateral and Illustrative Documents 505 



Endorsed: Col. MSS. 

20:14 
the ExaminFacon of the! (NYSL) 

^ Dutch 



Jndyans concerning [the] 

Murder. 1670 

O- ^ , Oct. 6 

ct' 6. 1670. 



fTom to Lovelace about Newcastle.! Col. MSS. 

*■ ■" 20:19-20 

(NYSL) 

To the Right Hono'''^ , ^ , 

. . [1670/1] 

1 here in a Towne erected w'''' is the sthrength for the 

river 

2 it has beene studyed by o'' neighbors of Mary land to 
doe the same but could not attayne 

3 if o'' neighbors are so desirous then necessary 

4 if good then incougament [sic\ 

5 the way to incourage is that noe slopes passe aboue 
this Towne to handle w"" the inhitants 

1 for what before was vsed to be brought here is delivered 
aboue and w' debts is due to vs cannot be receaved for that 
they come not below 

2 then vpon necessity the place must be forsaken and 
noe man left to make resistance ag' the Indians having noe 
profitt and must another stay [ ?] way out of the land w''*' 
will breake the Towne and if so every man must stand vpon 
his owne guard single w'^'out any assistance w'^*' if the Towne 
had any incourage' was able to defend the whole river or at 
least themselves but the sloopes going vp and selling drinke 
by the small measeaure and receiving there ready paym' 
and w'*' furnishing w"' there petty wares by there doores 
getts themselves an advantage to o^" ruine w''*' if permitted 
every man may doe the like and then his Roy highnes may 
w'^ cost make another Towne of defence as o*^ neighbo"^^ 
have indavrerded [sic] but could not attayne to 



5o6 



Province of New York 



IxxxvJ 



Col. MSS. 
20: 19-20 

(NYSL) 

[1670/1] 



Endorsed: 

some Proposicons on 
the behalfe of the 
Towne of Newcastle 
in Delaware from 
M' Tom. 1670. 



Enclosure: 

Im ' to know by what tenure wee hold o"" land not being 
expressed in o"^ patents 

Answer: 

In coirion Soccage as the Duke held his, as of the mann ' 
of East Greenew"'' 

Endorsed: 

A quere of m' 

Tom's to be resolv'd 
concerning the 
Tenure of land 
at Delaware 



C. A. 

2: 662 

(NYSL) 



1670/1 
Feb. 29 



The Governo*? Lre to y? Inhabitants 
of Delaware. 
Gentlemen. 

I Rec'^ yo' Lre by M^ Rombout wherein you signifye to 
me y^ Result yo" had w'^ y^ Indians, concerning y? Murders 
of y^ Xpians, in w"*" yo" haue provided w'!" moderation suf- 
ficient, as far as both yo'' intelligence & y*" Complexion of all 
affaires then stood, I haue forborne at this p'sent to send 
yo" a full determination Reserving that till y^ Arivall of 
Capt° Carre from whome I expect to receive more light then 

' Abbreviation for " Item." 
• Manor. 



[xlxv] Collateral and Illustrative Documents 507 

hitherto I haue receiued to guide me by, In y? meane tyme C; '^• 
I recomend y" affaire to your Vigilant & prudent Managery, (NYSL) 
In w"^ I cannot omitt to mynde yo" that not onely your owne 
safetyes but y" hono"^ of my Regall Master & our Nation Feb. 29 
is so nearely Concerned in y'' Recofnending yo" to y? protec- 
tion of y^ Almighty, I remaine yo*^ Loving freind 



F. L. 



Sent by Peter Rombout of Delaware 
29 "^ Feb''^ 1670. 



[Tom and Alrichs to Lovelace.] ^"jo**^^' 

(NYSL) 
9"' of March 1670 [i. e. 1671] 
Right Hono'''^ 

yo" of the 28 of ffebruary wee have receav[ed] and to give ^^^^ 
yo*" bono'' a full answer is more th[en] wee can doe 
being not all one mens children and for vs few English none 
of vs able to speake to the Indians but so farre as wee can 
advise yo'' hono"^ is as followeth 

1 first that wee are in a sad condicon is most certaine 
living vnder the power of the Heathen and no power to defend 
by reason a nomber of out plantacons are not able to secure 
themselves an[d] wee make a greate question if wee in the 
place can well secure o''selves and to bring them into the 
Towne wilbe there vtter ruine and losse of the river for then 
they expose there houses come and cattell to the fury of the 
Indians and wee not able to mainteyne them here for pVencon 
of w"*" o'' best proposall is if yo"^ hono'^ could spare so much 
time as to come over to treate w"" the Sachems w'^'out 
dispute the reverence to yo"^ pson would procure vs 4 or 5 
yeares respect and by that time the numerous issue by the 
assistance of god wilbe able to defend themselves 

2 The Sachems of the Indians give for reason of there 



5o8 Province of New York [xxxvl 



Col. MSS. warre that they threaten to make vpon the Christians is they 
(KYSL) say where the EngUsh come they drive them from there 



1670/1 



lands and bring for instance the North Virginia and Mary- 
Mar/g land and feare if not timely prevente[d] shall doe so here 

3 Thirdly if possible to invite Cap' Carteret to beare yo' 
hono'' company the most of the Indians living vpon his side 

4 fourthly w"^ all reverence yo'' hono*^ having writt that 
yo'' hono'' if occasion was would expose yo'' selfe to the 
trouble of coming over and desired to know what forces to 
bring w"' yo" wee doe thinke that 25 men is enough for the 
guard of yo"' hono''^ pson and that number will not frighten 
the Sachems and more may render yo'^ hono'^^ iourne 
unprofitable by there non appearance yo"' hono'' now att 
this time of the yeare not being to fight but to treate 

5 fiftly if yo'' hono"' comes as wee well hope be pleased 
by the first to send an expresse and Peter Aldricks shall 
meete yo'' hono*^ att the time p''fixt to pilot yo'' hono'' from 
the Navecinck and informe the Indians of yo'' coming that 
they may not leave there houses att the sight of so many 
men to them vnexpected 

6 sixtly o"' intencon here is to build a blocke house 40 
foote square w*'' 4 att every end for fflanckers in the middle 
of the Towne the fort not being fitt to be repaired and if 
repaired of noe defence lying att the extreame end of the 
towne and noe garrison therefore wee begg that wee may 
have libty to pull itt downe and make vse of the tiles bricks 
and other materials for the vse of o'' new intended fortifica- 
cacion [sic] w'^'' if wee have no occasion for as wee feare wee 
shall will be convenient for a Court house notw'^'standing 

This being o'^ duty in answer to yo'' hono"^^ letter wee p''sent 
to more prudent consideracon and assure yo"" hono'' wee 
will not alone maintayne o'' owne interest so farr as god 
shall inable vs but to the furthest of o"^ industry presse to 



[xliv] Collateral and Illustrative Documents 509 



save the hono'' of yo' Royell Master and o" together w"" C"'- ^SS. 
the hono"' of o'' countrey and then lett fate act w**" vs as the (NYSL) 
greate god is pleased in the meane time wee subscribe 
o"^ selves Mar. 9 

Right Hono''''' 

yo*" hono*^^ most humble 
and faithfull serv'^ 
Witt Tom 

piater alrichs* 

Endorsed: 

A Letter from mT Tom 
& M'' Alricks to the 
Governor about the Indyan 
affayres there. 

Mar. 9. 1670. 



[Robert Jones to John Carr.] *'°'' ^^S. 

(NYSL) 
13"? of March 1670 



r 



Yor letter of the 27'*' of Tan: I received the tenth of March i^7°/' 
' ■' Mar. 13 

mstant, whereby we are all confirmed of y'' report of the 
great disaster that happened to the sloope, and I should 
haue writt sooner to you by a sloope y' went vp the bay 
wherein M^ Wale did send, but I was from home & missed 
y' opportunity, however, now M^ Wale and M^ Wharton 
are goeing themselves I haue sent my draught of the survay 
of 400 acres ioyning to our Towne land, and that of 400 acres 
at Bumbyes hooke w'!^ is between M'^ Wale and I, w^*" I pre- 
sume you haue already reed by Mv Wale, together w'"' Mr 
Merrltts who is gone for England, (but wilbe god willing 
here in October) beseeching you to continue you[r] great 

' The autograph is Alrichs, but the name is more often given in the rec- 
ords as Alricks, and sometimes even as Alrighs. 



5IO Province of New York [xxxvl 



Col. MSS. kindnes and to procure vs our patterns. I doe purpose w"" 
(NYSL; gods leave to spend all the next yeare w"' you at Delaware, 
but this yeare I cannot stir, in respect of my office. I can 
Mar. 13 give you noc further ace' of that W"" Stone then I did in 
my last, but that it is not that D^^ Stone mention'd in my 
last letter, for his name is John, this man must needs be 
very obscure for I haue enquired of the publiquest persons 
of that County concerning him and can heare noe tideings 
of any such man: however pray send an ace' (you may draw 
it as large as you think convenient) of your due, by Mr 
Wale, for if the man were found we cannot proceed w'^'out 
it. I hope to receive good newes from you by the bearers 
returne, of peace and plenty and noe obstruction to our 
Noble Designe. I pray p'^sent my dearest respects to all 
your good Neighbours, but expecially my humble services 
and thankes to Madam Carr, for all her goodnes to vs, strang- 
ers. I haue sent you a small roll of Tob"' to pipe it, but I 
am confident you haue better of yo^ owne (though this be 
sweete sented) for ours was all vtterly spoiled w"^ the gust 
in August, however I beg yo^ acceptance, assureing you that 
in all respects wherein I am capable I will ever remaine 
S' yo' most faithfull and obliged servant 

Robert Jones. 
Addressed: These 

For Cap' John Carr 

Govern^ of Delaware \Seal\ 
at New Castell. 



Endorsed: 



M"^ Robert Jones 
Virginia to C-Carre 
about coming to settle at 
Delaware. 

Mar. 13. 1670. 



« Tobacco. 



[xxiv] Collateral and Illustrative Documents 511 



June. 22"'. Instructions for M' Walter Wharton Col. MSS. 

1 67 1 about Delaware (NYSL) 

1. To send mee an Account (by the first oppertunity) of t^*^^' ^ 
the names & number of the new Planters. 

2. To affix a time by the which all the Patentees are to 
bee placed vpon their Land & make their Improvements. 

3. To draw a Cart of their Land & how the Plantacons 
are seated. 

4. What publique Improuement may bee made thereabout 
either by land or sea. 

5 What sort of Gouernment will best suite with them 
when seated either as to Ecclesiastick, or Civil matters, in 
point of Formalities.' In the meane time That they haue 
one of the Law Bookes, confirmed already by his R. H% & 
that they conforme themselves to that, as farre as is prac- 
ticable. 

6. How they will secure themselves against any attempt 
either of Indyans or others, by forming a Militia, & recoinend- 
ing Military offic''' to mee. 

7. What Tract of Land will remaine to invite new Planters 
besides those that are already Patented. 

8. That some person bee appointed to vndertake the col- 
lecting of the Quitt Rents for the which a Consideracon 
shall bee allowed for the whole River. 

9. To view & enquire where the best & most convenient 
place or places will bee to fix one or more Townes. 

10. Whether to associate with those already seated at 
the Whore Kill bee not best, to strengthen their party. 

In a particular direction, Concerning a certaine Tract of 
land which I have taken vp in Delaware River, of which 

' The remainder of the paragraph from this point is an insertion in the same 
band on the second page of the original manuscript. 



512 Province of New York [xxxvj 



Col. MSS. you shall have scituacon, & heads of the Patent out of the 

20 : 2 1 ■' 

(KYSL) Records, That you make a Survey thereof, & send mee a 
draught of it. 

June 22 

Endorsed: 

M' Whartons 
Instructions. 
1671 

To be Ent^.'^ 



No. XXXVI. 

GRAVESEND AND NEW UTRECHT — LAND 
CONTROVERSY. 



Deeds At the Generall Meeting of the Deputyes 



Mar. 3 



2 ; 7 

(Sec. State) of Long Island, held before the Governour 

at Hempsteed March 3^ 1664. 

Gravesend ) 
New Utricht f 

1664/5 It is this day Ordered, That the matters in difference 
betweene the Townes of Gravesend and New Utricht, 
about a certaine Parcell of Land, formerly the Lands 
of Robert Pennoyer, the one deriving a Title from George 
Baxter, as Purchaser from the said Pennoyer, the other from 
Aram Huttum Claiming a former Purchase of the same Land 
from Wittm Goulding Employed by Pennoyer to dispose 
thereof; The respective Titles betweene Baxter and Huttom, 
shall bee left to the decision of a Tryall at Law in the next 



[xxxviJ Collateral and Illustrative Documents 



513 



1664/5 

Mar. 3 



Court of Sessions or Assizes; And there being likewise Deeds 
another difference betweene the said Townes, about a Parcell (Sec. State) 
of Meadow Ground (called y^ ffly Lands) It is also Ordered, 
That Gravesend do take possession of the said Meadow 
Ground, as of right belonging unto them, and that the 
Inhabitants of the Towne of New Utricht, do forbeare the 
giving any hinderance or molestacon, to the said Towne of 
Gravesend, in their Enjoying the same. 

Richard Nicolls. 



No. XXXVII. 

HAVEN MASTER OF THE PORT OF NEW YORK — 
EMPOWERED TO ARREST AND ATTACH. 



PhilP Johns his Com°? for Haven Mast!' 

Francis Lovelace Esq' &c Whereas a Haven Mast' is 
necessarye & convenient to beimployed in this Port in goeing 
on board all Sloops & Vessells ariving & comeing to an 
Anchor before this place, As also to visitt & search all Ships 
before their departure to see if they haue made their dis- 
patches in due ord' according as is directed in that behalfe, 
To yf end y? Same may be accordingly put in Execution, 
I haue thought fitt to nominate & appoint Philip Johns to 
be Haven Mast' of this Port, who is from tyme to tyme to 
goe on board all Ships & Vessells upon their Arivall, & to 
take an Account from whence every Such Ship or Vessell 
shall come & whith' she is bound, as also y? quality of her 
Lading, & that he acquaint y? Mast' that he must not breake 
bulke or Land any Goods before due entry be made of y' 
[33] 



C. A. 

2:654 

(NYSL) 

LHarchJ 



514 Province of New York [xxxvnj 



^•^- said Ship & goods respectiuely, As also that he imediately 
(mrsL) giue an Account thereof to me, or whome I shall appoint 
P g -. for that purpose, And y^ said Haven Mast^ is not to ^mitt 
{.MarcbJ or Suffer any Ship or Vessell to departe this Port, before the 
Mast*^ hath cleared his said Ship & goods, & doth procure 
a Certificate und^ y^ hands of y? principall officers of his 
Ma"^^ Customes w'^'in this Government, or their Deputye 
or Deputyes, that he hath paid & satisfyed all dutyes accord- 
ing to ord^ And for what y*" said Haven Mast^ shall do in 
prosecution hereof this my Coiiiission shall be to him a 
sufficient warrant. Given und^ my hand & Seale at ffort 
James in New Yorke this [blank] day of [blank] in y? [blank] 
yeare of his Ma*'?^ Raigne Annocp Dm i6[blank] ■ 

[Francis Lovelace.] 



No. xxxvni. 

NEW YORK CITY — SYLVESTER SALISBURY w 

FREDRICK GIJSBERTSEN, IN REGARD TO 

CONFISCATED HOUSE IN STONE STREET. 



Patents A Confirmation Graunted to Cap" Sylvest^ 

(Sec. State) Salisbury for a certaine house & Lott of 

Ground w'Hn this Citty. 

.^668 Richard Nicolls Esq' &c Whereas there is a certaine 

April 8 ..... 

house & Lott of Ground w^'in this Citty scituate lying & 

being in y^ Brewers or y" Stone street haueing on y'^ West syde 

thereof M' OlofFe Stevens van Cortlandts one of y" Aldermen 

of this Citty, & on y* East syde Frederick Lubertsens con- 

> The probable date of this commission is early in March, 1671. 



[xxxvm] Collateral and Illustrative Documents 515 



teyning in breadth on y* South syde before towards y^ street Patents 
fower Rod & fiue Inches & on y^ North syde behynde three (Sec. State) 
Rod six foot & Two Inches In Length on y® West syde 
Tenne Rod one foot & a halfe & on y^ East syde Ten Rod April 8 
six foot & a halfe w'^'' said house & Lott of Ground w'*' all 
their appurtenances stands forfeited & confiscated to his 
Mat'" use by an Act of this Governm* bearing Date y* 
Tenth day of October 1665 as belonging to a Subject of y® 
States Gen"'" of y" United Belgick Provinces then in Warre 
& open Hostility ag' his Ma"" Now Know yee that for & 
in Consideration of 100 good and merchandable Beaver 
Skins receiued & paid unto me for y" use of his Royal! 
Highnesse y'' Duke of Yorke Lord Proprietor of theise 
Territoryes by Captaine Sylvest^ Salisbury who came over 
w'!' me & is now Actually in his Ma''?^ Seruice as Ensigne 
to his Royal! Highnesse y" Dukes Company of foot, & for 
diuers oth' good causes me thereunto especially moving By 
vertue of y" Commission & Authority unto me giuen by his 
said Royall Highnesse I haue thought fitt to give graunt 
bargaine & sell & by theise p'sents doe giue graunt bargaine 
sell ratifye & confirme unto y^ said Silvest' Salisbury his 
heires or Assignes th'afore recited house Lott of Ground 
& p''misses w'!" all & singular their appurtenances To haue 
& to hold &c The Patent is dated y'' 8"' of Aprill 1668. 



An Ordr about y" Difference between G. E. 
Cap' Salisbury, & ffredrick Gijsberts. (nysL) 

At a Councell held at Forte Tames 1672 

Mat 17 

y° ly"' day of May 1672. 

The Matt"^ in difference between Cap' Sylvest^ Salisbury 
& ffredrick Gijsberts, haveing long depended. It being about 



5i6 



Province of New York 



LxxxixJ 



G. E. 
4: 136 

(NYSL) 

1672 
May 17 



Rent claymed by Cap' Salisbury from y^ said ffredrick 
Gijsb""^ for a certaine confiscated House in the Stone-Street 
graunted by Governo"^ Nicolls to y** said Cap'" Salisbury; 
The Premisses being taken into Consideracon, Its adjudged 
that y" Rent of y*^ said House is to bee paid to Cap' Salisbury 
from the time of y*^ Publicacon of y" Confiscacon thereof, 
although before y® Date of his Patent, In regard it's thought 
to bee y^ Intent of y^ late Governor & the Tenant ought 
not to pay the Rent after y" said Publicacon to any other 
then whom the Governo"" should direct 

By Ord"^ of y" Governo' 
and Councell. 



No. XXXIX. 

BROOKLYN — DEBTS CONTRACTED IN BUILD- 
ING A HOUSE FOR THE MINISTER. 



G.E. 

4: 12 
<NYSL) 



A Discharge for M' Adrian Heggeman 
concerning his Acco-^ about y^ Minist"^^ 
House at Breucklin. 



1671 
Aug. 10 



Whereas Adriaen Heggeman being heretofore Schout of 
Breucklyn dureing y* Dutch Governm', did together with 
Albert Cornelijssen & other y" Schippens of that Dorpe by 
y* Consent of y* Governo'' then in being cause a Rate to 
be made for y^ raiseing of a certaine Summe of Money upon 
y* Inhabitants there for y^ building and Erecting a House 



Collateral and Illustrative Documents 517 



for y" Minister, w'^'' accordingly They did, but did not ^•^• 
collect y^ whole Summe, many delaying or refuseing to pay (NYSL) 



1671 



y^ same, and although by y^ altera con of y^ Governm' y* 
said Schout & Schepens are long since dismist of their Aug. 10 
Employm', yet are lyable to pay for y" worke about y^ said 
House, and have by y^ Court of Constable and Overseers 
been Condemned soe to doe, although they have noe power 
to constraine y'^ Persons in Arreare to pay their proporcons, 
w''*' although it be for a publiq} worke, yet without Reliefe 
had therein is like to redound to their particular Losse & 
Detriment, haveing taken y^ p''misses into serious considera- 
tion I have thought fitt by and w'*' y° advice of my Councell 
to Order and appoint y' y" Judgment of y*" Court of Con- 
stable & Overseers against y" said Adriaen Heggeman & 
others upon this Accompt be made null, and that hee y® 
said Adriaen Heggeman, Albert Cornelijssen, & those con- 
cerned w"' him giveing in an Accompt to y'' Constable & 
Overseers of what they have receiv'd, & what is in Arreare 
they shall be clearely acquitted & discharged from any 
further Trouble hereupon; And y". Constable & Overseers 
of Breuklyn are and shall be hereby invested in y* same 
Power w'^*' heretofore y'' said Schout and Schepens had to 
Levy y® Suines of Money in Arreare, upon y*^ Persons or 
Estates assessed if to be found; But if y'' Summe intended to 
be risen shall come short (diverse of y^ Inhabitants being 
either dead or removed) the said Constable and Overseers 
have power to make a New Rate for y^ Remaind"^ upon y" 
whole Towne; And for soe doeing this shall be their Warrant. 
Given under my Hand and Scale at Forte James in New 
Yorke this 10''' day of August 1671. 

fFran: Lovelace 



5i8 Province of New York [II] 



No. XL. 
WEST INDIA COMPANY — DEBTS. 



C-A. M' Thomas Lovelace & M' Paul 

2 : 540 

(NYSL) Leendertse appointed Collecto"^^ & 

Receiuers of y° Debts belonging to 
y* West India Company in theise 
his Royall Highnesse Territoryes. 

May "20 Francis Lovelace Esq- &c Whereas by severall Acts made 
in y^ tyme of my Predecessor Co" Richard Nicolls an 
Arreast & confiscation was put upon y? whole Estate of what 
nature or kinde soever belonging or in any wise apperteyning 
to y? West India Company of Amsterdam w*''in theise his 
Royall Highnesse his Territoryes, In one of w"?" said Acts 
there was a penalty to be imposed of double y^ value of any 
Sume of money Goods or debts w'^^ by any person should be 
concealed Ten dayes after publication thereof, Nothwith- 
standing w'^'' diuers persons do still p''sume to keep in their 
hands, seuerall Goods effects Debts or Sufnes of money due 
to y^ said West India Company or to some others in trust 
for them w^'out giving any Account for y® same & there 
being likewise many others who by vertue of y* Articles of 
surrender Do lay clayme to seuerall Suiiies of money due 
or p'^tended to be due from y® said Company to them. To y? 
end y? former Acts may y? more duely be put in Execution 
& all lawfull Debts be satisfyed & discharged, I haue w'?' y^ 
advice of my Councell thought fitt to ord"^ & appoint & by 
theise p'^sents do order nominate & appoint yo" M"^ Tho: 
Lovelace & m"^ Paul Leenderts to be Collecto"^^ & Receiuers 
of all goods effects or Debts belonging to y" said West India 



[xLi] 



Collateral and Illustrative Documents 



519 



Company w**'in theise his Royall Highnesse his Territoryes 
in whose hands soever they shall happen to be whose receipt 
for what shall be so Collected & received by them shall be 
to y^ Person of Persons who shall pay y? same a sufficient 
discharge, & such goods or effects they are to keep & secure 
untill such tyme as I shall receiue directions from his Royall 
Highnesse touching y^ same & giue my further ord'^ there- 
upon how & to what use y* said Estate shall be disposed, 
And all Persons w^'in this Governm^ are hereby in his 
Ma"^'' name strictly required & injoyned to observe & obey 
this Proclamation & ord' & to make discouery of their 
knowledg of any Concealement of y^ p'misses as they 
will answer y? Contrary at their utmost perills. Given 
und' my hand & sealed w*!' y? Scale of y* Province this 
29'^ day of May in y? 22*^ yeare of his Ma*'^' Raigne Anno^ 



Domini 1670. 



C. A. 

2:540 
(NYSL) 

1670 
May 39 



[Francis Lovelace.] 



No. XLI. 
NEW YORK CITY— EXPORT OF WHEAT. 



An Ord^ strictly Prohibiting y^ Exportation q j^^ 
of Wheate out of this Province, for one yeare. ,^^|l) 

Whereas I am Credibly Informed that there is a generall 1670/1 
Scarcity of wheate throughout this Province, & aft"^ strict "* 
inquiry & Examination made by y^ Mayor & Aldermen of 
this Citty, it hath beene found, That there is so small a quan- 
tity, that it will be scarcely sufficient for y? necessary Supply 
of y^ Government & y^ Ships & Vessells that may arive here 



520 



Province of New York 



[xLU 



C. A. 

3: 660 

(NYSL) 

1670/1 
Mar. 9 



to this Port, I haue therefore by & w'!' y? Advice of my 
Councell thought fitt to order & by these p''sents do ord"' & 
require that y^ Officers of y? Customes do not passe any Bill 
or Bills of Lading to any Mast"^ or Mast" of Ships Sloops or 
Vessells for y? Exportation of any Wheate in Graine, from & 
after y? date hereof for this Ensueing yeare, without Speciall 
warrant first obteyned under my hand & Scale, und'' y! 
Penalty of forfeiting all y? Said Wheate & double y"" value 
thereof for Contempt; Always provided that this ord^ 
do no way restraine any ^son of ^sons from transportation 
of fflower made of Wheate bread or Biskett for y? use of 
Merchants or others who are or may be engaged to make 
paym' therein but only of wheate in Graine. Given und^ 
my hand, & sealed w'^ y? Scale of y? Province this 9'^ day 
of March 1670. 

[Francis Lovelace.] 



C. A. 

2:695 
(HYSL) 



1671 
May 23 



Answ'' to y*^ Peticon y' was p''ferrd 
by diverse of y'' Inhab':^ of N: 
Yorke for to have y'^ Prohibicon 
about Come repealed. 

Whereas a Peticon hath been p''sented unto mee by diverse 
of y® Inhabitants of this City wherein they make it their 
Request that the late Prohibicon of y* Transportacon of 
Corne may be repealed, for severall reasons by them given 
in. Upon due Consideracon had hereupon, I have by & w"' 
y° advice of my Councell thought fitt to Ord'' & Appoint, 
That in regard y* said Prohibicon was soe lately made, & 
when it was was publiquely pposed at y® Court of Mayo'' & 
Aldermen of this City, noe Objection was made against it, 
for y^ p''sent y* s*^ Ord' of Prohibicon is to remaine in force; 
But for y* better Satisfaccon of y^ Petn''^, Enquiry shall be 



[xLil 



Collateral and Illustrative Documents 



521 



made by y® Justices of y" Peace at y® Courts of Sessions 
to be held in y" Month of June next upon Long Island, what 
y® gefi" pbability or Likelyhood is of y^ Plenty or Scarcity of 
Wheate Come y* yeare ensueing, & likewise in y^ meane 
time y® Mayo'' & Aldermen of this City are to examine how 
y^ Stock of Corne in Store is like to hold out for this p'^sent 
yeare, upon Reporte whereof made unto mee, such Order 
shall be taken therein as will tend most to The Publique 
Good. Given under my Hand at fforte James in New 
Yorke this 23*^ day of May in y" 23"^ yeare of his Ma"^^ 
Reigne Annocp DfTi. 167 1. 

[Francis Lovelace.] 



C. A. 

2:695 

(NYSL) 

1671 
May 23 



Liberty given to John Schout, & Laurens 
Sluijsen to carry so 
Milford to bee ground 



G. E. 

Sluijsen to carry some Wheat to (NYSL) 



Vpon y" Request of John Schoute, & Laurens Sluijse, 
That they may have Liberty to carry two hundred Scheple of 
Wheat in their Sloope y" Hope to y" Mill at Milford, In 
regard all y^ Mills hereabout are at this present employed by 
y'' Bakers to grinde great quantityes of Corne, I have thought 
fitt at this particular juncture of time to graunt their Request; 
Provided, That they give Security to y*^ Collector of y® 
Customes, that they shall bring back in ffloure or Meale the 
whole Produce of y^ Corne they carry out; Of y" w"^ the 
Haven Master is to make Inspection; But if it shall bee made 
appeare, that they doe fraudulently convey the Corne els- 
where, then they shall bee lyable to such Censure & Penalty 
as in y^ Act of y*" Last Genf" Co'^^' of Assizes touching y" 
Prohibicon of y® Transportacon of Corne is sett forth. 
Given &c: at fforte James N: Yorke this 8'*" day of July 1672. 

[Francis Lovelace.] 



1672 
Julys 



522 



Province of New York 



[xLuJ 



G. E. 

4:194 
(NYSL) 



1672 
Aug. 23 



Lycence for M' W™ Darvall to transport 
six-hundred skeple Wheat to Milford 
Mill to bee ground. 

Vpon y" Request of M' W" Darvall of this City Merch^ 
that in regard hee cannot for his present Convenience bee 
accomodated in the grinding of his Come at the Mills within 
this Governm', some being out of Order, & others already 
full or bespoken by others for Grindeing, hee may have 
Liberty to transporte a certaine quantity of Come in a Sloope 
to be ground in the Mill at Milford; hee engaging to have the 
whole quantity or Produce of what shall bee carryed out by 
him to bee brought back againe hither in ffloure or Meale, 
I have thought fitt to grant his Request; And the said M' 
Darvall hath hereby Liberty to transporte from hence to 
Milford in the Sloope Hunter, John Pietersen Master six 
hundred Scheple of Wheate, there to bee ground as afore- 
said; And for soe doeing this shall bee his Warrant. Given 
under my Hand at fForte James in New Yorke this 23'^ day 
of August 1672. 

[Francis Lovelace.] 



No. XLH. 

HUDSON RIVER — REGULATION OF TRADE AND 

SHIPPING. 



C. A. 

2:559 
(NYSL) 



1670 
June 27 



No Stranger or Strange Vessell permitted 
to Trade up to Albany or Sopez w^'out 
paying y^ Dutyes required here. 

Whereas It is Represented unto me by y" Mayo^ & Alder- 
men of this Citty that it proves a very greate Inconvenience 



[xuj Collateral and Illustrative Documents 523 



to y? Inhabitants here that diuers Strangers & strange ^- '^• 
Vessells no way Related to this Place or Province doe fre- (NYSL) 
quently go up Hudsons Ryver to Esopus & Albany there to 
trade & traffique Contrary to former Constitutions & cus- June 27 
tomes in such Cases provided, It is this day ordered, That 
no Stranger or Strange Vessell shall be permitted from & 
aft"^ y? Date hereof to passe up y": said Ryver to eith"^ of y* 
places aforesaid there to trade or Traffique upon any p''tence 
vphatsoever, However such Vessells unloading their goods 
in this Citty & paying y^ Dutyes required, the Owners of 
such goods haue liberty to transport them into theise parts 
in any oth^ Vessells belonging to this Port, & may go up them- 
selues w*!" leaue to negotiate there, hauing first obteyned y? 
Priviledg of being free Burgers of this Citty. Given und' 
my hand at ffort James in New Yorke this 27'^ day of June 
in y? 22''' yeare of his Ma"?^ Raigne Annoc^ Domini 1670. 

[Francis Lovelace.] 

No strang'^^ or Strange Vessells ^mitted to /I'gg* 
go up y" North Ryver to Esopus or Albany. (NYSL) 

Whereas I haue Rec? a Petition from divers of y? Inhab- *j|^°/* 
itants of this Citty & Province, who trade in Sloops & small 
Vessells, That no Strangers or Strange Vessells may be 
Emitted to go up y! North Ryver to Esopus or Albany con- 
cerning w''.'' there hath an ord'' beene formerly made, I Have 
therefore thought fitt by y^ Advice of my Councell that ■f 
former ord^ bearing date y? 27'!" day of June last be revived, 
& stand in force to all Intents & purposes, & that no ^son or 
^sons do p'"sume to transgresse herein at their ^ills, of w'^'' 
y^ Officers at y^ Custome house are to take a Strict & Exact 
Account, Given und"^ my hand at ffort James in New Yorke 

this 9'!" day of March 1670. 

[Francis Lovelace.] 



524 Province of New York [^li 



No. XLIII. 

SOUTHAMPTON, SOUTHOLD, ETC.— REFUSE TO 
RENEW THEIR PATENTS. 



c. A, The Governo''? Coni°.° to Tho. Delavall 

(^l^£) Esqr Mt Mathias Nicolls Seer. & Mr 

Isaack Bedlow. &c. 

1670/1 Francis Louelace Esq^ &c fforasmuch as there is not a 
right understanding betweene diuers of y? Inhabitants at y? 
East end of Long Island, & y? Governm' Established in 
theise parts by Authority of his R. H^? wheth^ occasioned by 
y*: distance thereof from this place, or some ill mynded 
people who take delight to breed disturbance & to infuse 
ill orinciples into y? myndes of his Ma"-^^ good Subjects I 
Have therefore thought fitt to constitute & appoint & by this 
my Com"." do hereby constitute & appoint; Thomas Delavall 
Esq' Mayo"" of this Citty & one of y? Councell Mathias 
Nicolls Esq'' Secretary, & one of y^ Councell, & M^ Isaack 
Bedlow to be Com"^^ to inquire & Examyne into all or any 
matter of Publique difference or concerne in y? Townes of 
Southton Southold & Easthampton, or any of y? Townes in 
their way thither, to w'^.'' end they are hereby authorized to 
send for any person or persons concerned, & as occasion 
shall require for yf better discovery of y? truth to administ'' 
an oath to them, (w''*' oath they haue hereby authority to 
giue) & to prosecute this my Comission according to y^ 
Instructions herew"' sent, And in Case any resistance or 
disturbance be giuen to y"^ said Com'"% they haue hereby 
full power & Authority to raise any or such number of y^ 
trayned Bands for their Assistance, as they shall Judg 



[xLiii] Collateral and Illustrative Documents 525 



necessary for y^ p''servation of y? Peace, in w'^'' all Officers C. A. 
are to giue their best ayde, And for what they shall herein (NYSL) 
lawfully Act or do this my Com°.° shall be to them a sufficient 
warrant. Given und^ my hand & Sealed w*!" y? Scale of y? Mar. 9 
Province this g'^ day of March 1670. 

[Francis Lovelace.] 



The Governo'^^ Lre to y? Inhabitants ^;A' 
of Southton. (NYSL) 

Gentlemen 

Having lately receiued a Lre of y? I5'^ of ffebruary from [mm*!''©] 
your Towne of Southampton Subscribed by many of y^ 
Inhabitants of it in Answer to an order of y? last Gen"'! 
Court of Assizes' held at New Yorke w'^-*' injoyned all Townes 
& perticuler Planters to take out Pattents for y? confirmtion 
of their rights according to y? Law made at y^ Gen'" meeting 
at Hempsteed & since confirmed by his R. H^^ w''.'' Letter of 
yours consisting of Severall reasons (as you p'^tend) why your 
Towne should be Exempt from any such injunction w'^-'" 
argum' of yours being taken into Serious consideration by 
my selfe & Councell; I haue thought fitt (at p''sent) to retorne 
this in Answer, That in regard of y^ distance of place & y^ 
avoyding all prolixity w''!' would inevitably ensue should 
theise disputes be managed by wryting, I haue therefore 
thought it more conducing to begett a true understanding of 
yo^ sence to authorize Some Com''.^ who shall heare & freely 
debate arguments w'?' yo" & to rend"^ me an Account of y? 
Results of your further determinations, & y" rather in regard 
I haue desired libertye of his R. H^? to visitt my natiue Soyle 
this Suirier (w''> if obteyn'd) I may then y? better haue an 
oppertunity to represent y? true State of this affaire. You 

' The section referred to is evidently Court of Assizes, vol. 2, pp. 231-23?. 



526 Province of New York CslTvl 



C- A. may perceiue by this how unwilling I am to apply any harsh 

(NYSL) medicaments where I hope lenitives may prevaile, I haue no 

more but referre y? whole managem* of y^ affaire to those 

[Mar. 9 J Com^^ I haue authorized thereunto not doubting but of a 

good understanding & issue of it & so I remaine 

Yo' Loving freind 

Fra: Louelace. 

I heare yo" haue made already a Succesfull 
progresse in yo' whale fishing, w*^*" I wish may 
be continued to yo"^ greate satisfaction, but 
w^'all that yo" obserue that Golden Rule of 
y^ Apostle w'^^ is. Be not high mynded but feare. 



No. XLIV. 

KINGSTON, HURLEY, MAR BLETOWN— REGULA- 
TION OF COURTS, MILITARY AFFAIRS, ETC. 



C- A. Commission for Capt Tho: Chambers 

(WYSL) to be Justice of y* peace. 

1671 Whereas I have conceived a good Opinion of the Ability 

& Integrity of You Thomas Chambers of ffox-Hall in 
Esopus for y'' carrying on of publique Affaires, I have there- 
fore thought fitt to Constitute & appoint You to be Justice 
of y* Peace in all y^ Townes at Esopus and Plantacons, 
giveing you full power & Authority to Execute all such 
Lawes as already are or hereafter shall be made for y' good 
Governm' of these his Royall Highness his Territoryes; 



[xuvJ 



Collateral and Illustrative Documents 



527 



Hereby willing & requireing you to discharge yo' Duty as a 
Justice of y® peace ought to doe: & to Observe such Rules 
& Instructions from time to time as you shall receive from 
mee concerning the same. And all other persons within 
this Governm' are strictly charged & required to take notice 
hereof; & to beare Respect & give Obedience unto you in 
y* performance of yo"^ Office of a Justice of peace appointed 
by Authority of his Royall Highness. Alwayes provided 
that this Commission doe not extend to y® takeing away or 
diminishing the usuall Authority & course of Judicature 
now in being administred in y"" Towne of Kingston by y^ 
Schout and Commissaryes there. Given under my Hand & 
Seale at fFort James in New Yorke this 26"' day of Aprill 
in y* 23"^ yeare of his Ma"?' Reigne. Anno(^ DtTi. 1671. 

[Francis Lovelace.] 



C. A. 

2:676 
(NYSL) 

1671 
Apr. 26 



A Lre from y^ Governo'' 
to y' Mayo' of y' City.' 
M^ Mayo^ 

You being one of y* Councell, & well known in all y® 
publique Affaires at Esopus & Albany whether yo" are now 
takeing a Voyage, I shall not need to give yo" any particular 
Instructions, but referr all matt" of that nature w''*' shall 
come before you there to yo' prudent Managem'; of w*** at 
yo"^ Returne I shall expect an Acco' Soe wishing you a 
prosperous & speedy Voyage; I remaine 

New Yorke Yo' very Lov: Friend. 

Apr: 28"" Fran: Louelace. 

1671. 

> Captain Thomas Delavall. 



C. A. 

a: 677 
(HYSL) 



1671 
Apr. 38 



528 



Province of New York 



[xuv] 



G. E, 

4:19 

(NYSL) 

1671 
June 28 



Instructions for Capt" Delavall at his goeing 
to Albany. June y" zS'-*" 1 671. 

These are to desire & Authorize you at yo'' being at Albany, 
Esopus, or parts adjacent, that in all Cases of Emergency 
relateing to y^ Publique, you call to yo"" Assistance Capt" 
Willett, Capt" Salisbury, & y" Comissaryes if at Albany 
& y^ Chiefe Offic''^ of y" place if at Esopus; Amongst 
whom you are to p'^side in all Consultacons; And that 
you Act & doe according to y" best of yo"' Judgm' in all 
Matt" relateing to his Ma'"'"'' Service, & y" good Governm' 
of these his Royal Highness Territoryes; OfFw*^** as Occasion 
shall require you are to give mee speedy Notice; And for 
what you shall herein lawfully Act or doe this shall be your 
Warrant and Discharge. Given under my Hand at flForte 
James in New Yorke this zS'*' day of June in y^ 23"* yeare 
of his Ma*-'^^ Reigne. 1671. 

Fran: Louelace 



G.E. 

4:60 

(HYSL) 



Orders for y^ Regulating of y* Civil! 
& Military AfFayres at Esopus. 



Oct^25 ^- I"P"'Tiis. That Cap' Chambers Command y"= Militia 
at Kingston, and Cap' Pawling Command y^ other Company 
at Hurley and Marbletowne. 

2. That for exercizing y" said Militia both private and 
Gen^" they follow y^ p''scription of the Booke of Lawes in 
that Case Establisht; And soe likewise for ffining of Delin- 
quents, p'^servacon of Armes, Ammunicon &c: 

3. That every Towne in y* Administracon of Justice 
follow y^ Rules of y* Lawes already sett forth, That is to say, 



[xlTv] Collateral and Illustrative Documents 529 



That each Towne shall determine definitively all Actions **• ^• 

. 4:60 

under ffive pound according to y° Lawes of Towneshipps. (NYSL) 

4. That there shall bee a C5^ of Sessions held each halfe ^^**7i 

,. . ... Oct- 23 

yeare at Kingston, which shall determine all Actions whither 

Criminall or other (not extending to Death) & inflict pun- 
ishm'^ according to the Merritt of y" fFact, whither on Chris- 
tians or Indyans; And for Matt" Civill as other Co"^^ of 
Sessions doe here hold and Determine; w*'' this Provisoe 
That any party aggrievd may have like Liberty to Appeale 
to y^ Gen"^" Court of Assizes held at New Yorke. 

5. The Persons that are to sitt at y® Co'^''' of Sessions shall 
bee Cap' Chambers, Justice of y* peace who is to p''side as 
Presid' y" Schout of Kingston, & Elect Commissary, Cap' 
Pawling for Marbleton, Albert Heymans for Hurley, & the 
Eldest Commissary at Kingston. 

6. That in regard y" Traffick at Esopus consists chiefly in 
Corne w'^*' Invites Merchants from this City of New Yorke 
to repaire thither to Negotiate w"' y*^ fFarmers, and that 
it may often happen out soe that some difference ariseing 
above y"^ determinacon of Towne Courts, soe that the Mer- 
chant according to y^ ordinary Course of Justice must be 
Constreyn'd to attend y'^ Sessions, w"^'' may prove pre- 
judiciall to his Affayre by y" approaching of Winter, or any 
other Intervening Lett or hindrance; ffor p''vention thereof 
It may be lawfull for any Person at any other time to Cause 
a Speciall Court to be call'd (as a Court of Sessions) the 
Person being at y" Charge that convenes it; And all Actions 
soe determined there shall bee Esteemed as Effectuall as if 
it had past at y* Court of Sessions held at their usuall Seasons. 

Francis Louelace. 
Octob' 25"" 1671. 

[34] 



530 



Province of New York 



[xLvl 



No. XLV. 

DELAWARE AFFAIRS — THE WHOREKILL, CAP- 
TAIN MARTIN CREIGER, MILLSTONES, 
SLOOP OF JAN DE KAPER. 



Col. MSS. 
20:13 

(NYSL) 
Dutch 



[Expense Account in the Search for the Sloop of Jan 
de Kaper.] 

Translation. ' 



roctoberl Reckenning van onksten 
gedaen van Hendrick de 
Backer e anderen hier van 
dan gesonden, naer t' verne- 
men van t' Jacht van Jan de 
Kaper. 

Hendrick de Backer voor 
eerst naer t' Jacht te soecken, 
uijtgegeuen, aen de wilden, 

6 vaem Sewant it izt 

{ duffels f^ 15* 

\ It Cruit f# 4* 

Noch bij accort be- 
dongen fjoo* 



f330 
Noch aen Jan Boeij- 

er beloft in 128* 



458f 

Reckening van Harmanus 

in gebrocht vor d. gejnter- 

resde van t' Jacht van Jan de 

Kaper: 13 elle duffels voor 



Account of expenses of 
Hendrick de Backer and oth- 
ers sent from here to inquire 
after the sloop of Jan de 
Kaper 

Hendrick de Backer, in 

looking for the sloop, first 

paid to the Indians 

6 fathoms of seawant.f 12 — 

-[yards ofj duffel.. f 15 — 

f lb of powder f 4 — 

Also stipulated by 

agreement fjoo — 



fgoo— 
Also promised to Jan 

Boeijer fi28 — 

f458- 

Account handed in by 
Hermanns for those interested 
in the sloop of Jan de Kaper 
13 yards of duffel for 4 loads 



iily] 



Collateral and Illustrative Documents 



531 



4 drachten goet door de 
wilden in d. Hoere kil ge- 
dragen, van dito Jach[t] de 
eel gereckent op f i2,r f-156— 
f-458- 



Summa 



f 614// — 



Col. MSS. 
20:13 

(NYSL) 
Dutch 



Translation: 

of goods carried by the Indi- 
ans from the said sloop to 
the Whore kill, a yard I" 1670 1 

counted at fi2 f 156— LOctoberJ 

f458- 



Total f 614 — 



4 



dito Helmanus brengt noch 
reckenning in voor sijn par- 
tickulier bij hem verdient 
vor verteerde kosten 



een 



p. Jnuentarij van goederen 
opgenomen 



Noch vor sijn persoon uijt 
gewest, vor versuijmde tijt 
vor verteerde kosten 
Noch aen piter groe" 



24. a 

20011 
16// 



f 
f 

f —45^ 
f 305/ 



welcke Sum 
in gheen Con- 
^ sideratie 
genomen v?ert 



Translation : 

Said Helmanus hands in 
also an account of personal 
charges 

For expenses f 24 

For making an inventory of 

the goods f 20 

Also for lost time, while 

he vs^as absent f 200 

For expenses f 16 

also to piter groe": f ac 

f 305—. 



Which amount 
^ is not taken 
into con- 
sideration. 



532 



Province of New York 



[xLvl 



Col. MSS. 

20:13 

(NYSL) 
Dutch 

r 1670 1 

LOctoberJ 



Endorsed: 



A bill of Charges 
about Jan de Capres 
sloope. 

1670. 



C. A. 
2:621 

(KYSL) 

1670 
Hov. 7 



An Ord*^ for M'' Peter Alricks to take a 
paire of Milstones at y" Whorekill. 

These are to certifye all whome it may concerne that I 
haue given leaue to M"^ Peter Alricks to take a paire of 
Milstones lyeing in y^ Sand at y^ Whorekill fitt for a Horse 
mill & belonging to no ^son there y? w?*" he may remove 
from thence & dispose of at his pleasure, He rendring a due 
Account to me of y" Same. Given under my hand at fFort 
James in Nev/ Yorke this f^ Day of 9*"' 1670. 

[Francis Lovelace.] 



Col. MSS. [Relation from the Magistrates at the Whorekill concerning 

(rre'SL) Jan de Kaper's Vessel.] 

Dutch 



[1671 1 1670 den 20 desemb isser 
K. S. J ee sackamacker van Nassa- 
■wzm bij sachamok wonende 
alhier ter plaetse gecome e 
hebbe hem afgevracht ofter 
niet ee vaertuyg woorde 
)J^nome tot de Zuijder see 
heeft hij mij bericht e gesegt 
daer is een vaertuijg ge- 
vonde ant strandt by Cincke- 
teck inlaet belangende onder 



Translation: 

1670, the 20th of Decem- 
ber, a sachem of Nassawam, 
living near Sachamok, came 
to this place and I asked him 
whether a ship had not been 
heard of at the South Sea; 
he informed me and said 
that a ship had been found on 
the beach near Cincketeck 
Inlet resorting under Mary- 
land, so I ordered Henrick 



[xLvJ 



Collateral and Illustrative Documents 



533 



merrylandt soo heb ick hen- 
drick drochstraete daer na 
toegaende om te handele 
met de wilde belast om daer 
we[l] na te ){^neme e is de 3 
Jannawarij weder daer van 
daen gecomen e heeft vande 
wilden X^staen datter on- 
trent doe de maijs rijp wor- 
dende een vaertuijg was ge- 
strandt e eene boot vindende 
hoch inde duijnen gedreven 
met eenig goat daer in e 
datse een doot persoon op 't 
strandt hebben gevonden 
met noch ^scheydene kisten 
die uijt het Jacht waere 
gespoelt e het vaertuijg lach 
noch in t Water in t stucke 
tegen de wal e met eenen de 
boot Toonende de welc[ke] 
de wilde in het binnen water 
hadde gewerckt e tot an 
sackamock gebracht als oock 
het wape van 't Jacht de 
Jonge prins e Dito Hendrick 
is doen van hier ^trocke na 
Ny Castel om daer tijding an 
te brenge van t Jacht den 
Jannawarrij isser een Wilt 
gekome van sackamock seg- 
gende daer is noch bevers 



Translation: Col. MSS. 

20:10 
Drochstraeten, who went (ITYSL) 

there to trade with the In- 
dians, to make careful in- f 1671 ~\ 
quiry about it. He returned |_ n, s. J 
thence on the 3d of January 
and understood from the 
Indians that about the time 
when the maize was getting 
ripe a vessel was stranded 
and that a boat was found 
cast high upon the dunes, 
with some goods therein, and 
that they found a dead body 
on the beach together with 
various chests which had 
been washed from the sloop, 
and that the vessels was 
still lying in pieces in the 
water close to the shore, and 
that they showed him the 
boat which the Indians had 
hauled to the inlet and 
brought to Sackamock, as 
well as the arms of the sloop 
de Jonge Prins; and the said 
Hendrick thereupon went 
from here to New Castle to 
bring tidings about the sloop. 
The 4th of January an In- 
dian came from Sackamock 
saying: "There are yet more 
beavers and some other 



534 



Province of New York 



[xLv] 



Col. MSS. 
20: lO 

(NYSL) e eenich ander goet Comt e 
haelt het want de engelse 

[1671 1 willen kome e nement wech 
March ... 

N.S.J waero*pietergronendick met 

Herman Cornelisz is daer 

na toe gegaen e hebbe bevers 

e goet daer van daen gehaelt 

het welck op den Inventarij 

kan blycke 

de 29 Jannawaf is hen- 

drick drochstraete wederom 

van Nij Castel gearriveert 

met ule swense e Jan boeijer 

om na de wilden te gaen om 

na het volck vande sloep 

te ^f'nemen heb als doe eene 

Brief ontf van Cap' John 

Car Win Thom pieter al- 

richs onderteeckent ^J'^soeck- 

ende an mijn omme met 

dese persoonen daer na toe 

te gaen het welck ick oock 

volbrackt hebbe soo als wij 

aldaer quamen soo hebben 

wy de wilden ondervracht 

de wilde segten datse 2 dage 

na den Storm waeren na 

de plaets toegevaere om te 

gaen oster[en] soo hebbense 

het Jacht aldaer gebrocke 

an't strant sien leggen e de 

boot inde duijnen e ee doot 



Translation: 

goods; come and get them, 
for the English will come and 
take them away." Where- 
upon Pieter Gronendick and 
Herman Cornelissen went 
there and took the beavers 
and goods from thence, as 
may appear from the inven- 
tory. 

The 29th of January, 
Hendrick Drochstraeten re- 
turned from New Castle with 
Ule Swensen and Jan Boeijer 
to go to the Indians to in- 
quire after the people of the 
sloop. I received then a 
letter signed by Capt. John 
Car, Witt Thom [and] Pieter 
Alrichs, requesting me to go 
thither with those people, 
which I did. As soon as we 
arrived there, we questioned 
the Indians. The Indians 
said that two days after the 
storm they paddled to the 
place to go oystering, and 
so saw the sloop lying broken 
on the beach, and the boat 
high upon the dunes, and a 
dead body washed ashore, of 
tall stature, with brown hair 
and a very big belly. We 



[xLv] 



Collateral and Illustrative Documents 



535 



Lichaem an strandt ge- 
spoelt lang van posteur brun 
haijr e ee heele dicke buijck 
wij ){'^sochten ee wilt met ee 
Canoe om daer na toe te 
gaen het welck de sack- 
[amacker] toestont i 1/2 
vaem swart Zeewant ginge 
ontrent 2 duijtse niy[le] 
vender op eene plaets genamt 
Sinckoachkinck e dewiel het 
heel kout was e Harde N W 
wint e durfde inde Canoe 
niet avontuere moeste alsoo 
7 dage onder de wilden 
X^slijte door dien het water 
toevroes het welck wel 3 
duijtse breet o* is soo nader- 
handt e wilde de wilt die wy 
gehuert hadde niet meede 
e wij niet langer e Conde 
blijve name een Canoe vande 
Wilden om weder ande 
vaste wal te kome bracke 
door 't ys e als wij in de 
midde quame was het ope 
door de S' windt dieder op 
quam waer ot wij in groot 
perykel waere want het ys 
quam van eene syde met de 
eb e de ander Syde met de 
wint tegen de kano quame 



Translation: Col. MSS. 

20 : 10 
asked for an Indian and a (NYSL) 
, ■ < , . , Dutch 

canoe to go thither, which 

the sachem granted for i 1/2 r 1671 "[ 
fathoms of black seawant; |_ n^s. J 
we went about two Dutch 
miles further to a place 
called Sinckoachkinck and, 
as it was very cold and there 
was a strong N. W. wind, we 
dared not venture any fur- 
ther in the canoe and were 
obliged to waste 7 days 
among the Indians, during 
which the water, which is 
about three Dutch miles 
wide, froze over. After- 
wards, the Indian, whom we 
had hired, would not go 
with us, and, as we could 
not stay any longer, we took 
a canoe from the Indians to 
return to the main land; we 
broke through the ice, and 
when we reached the middle 
it was open, on account of 
the south wind which came 
up, and we were in great 
peril, for the ice came from 
one side with the ebb tide 
and from the other by the 
wind against the canoe; but 
after much labor we managed, 



536 



Province of New York 



[xLv] 



Col. MSS. 

20: 10 

(NYSL) godt lof door veel arbeydens 

Dutch ° , , ^ _ 

noch o* doen wy o* quame 

ti67i "I gingen weder by de Voorige 
N. S. J wilden resolveerden na de 
Engelse tot Bocquetenorton 
te gaen do[or] dat daer de 
boot was want een Engels- 
man had bij de Wil[den] 
geweest e hadde de boot van 
daen gehaelt om alsoo met 
de boot daer na toe tegaen 
daer wij des anderdachs 
quame de 14 feb aldaer 
X'^stont ick an eenige Jnwon- 
ders datter sommige van 
haere nabuere na dat sy 
het vande wilde gehoort 
hadde datter ee vaertuijg 
gestrandt was waere na toe 
gevaere e eenich goet van 
daen gebrocht soo ontmoeten 

ick ee Commissaries van 
pocomock wiens naem is 
James Weedon alhier nu 

inde hoerekil woonachtich 
waer van ick ee warandt 
X^socht om te ){^neme hoe het 
met vaertuyg e het goet dat 
gebracht was daer van daen 
e waer het volck mochte 
belandt sijn de welcke alsoo 
dede e ginck met de warandt 



Translation: 

God be praised, to get across. 
When we got across we re- 
turned to the aforesaid In- 
dians. We resolved to go 
to the English at Bocquete- 
norton, inasmuch as the boat 
was there, for an English- 
man had been among the 
Indians and taken the boat 
away; [we decided], there- 
fore, to go there by boat. 
We arrived there the next 
day, the 14th of February. 
I understood from some of 
the inhabitants that some of 
their neighbors, after they 
had heard from the Indians 
that a ship had stranded, 
had sailed thither and brought 
some goods from there. I 
met a commissioner of Poco- 
mock, James Weedon, by 
name, who now lives here in 
the Whore Kill, whom I 
asked for a warrant to make 
a search for the vessel and 
the goods which had been 
taken from it, and to find 
out what had become of the 
crew, which he gave me. 
With this warrant I went to 
the constable, who at once 



^ 



IxLv] 



Collateral and Illustrative Documents 



537 



na de Constabel de welcke 
Terstont met myn ginck van 
huys tot buys e de geene die 
wat hadde gevonde Toon- 
dent soo sij seyden Toonde 
2 Jse boute van't Jacht ee 
ander dry boute 1/2 ledich 
vat waer van noch ee anden 
seyde ick 3 gard kerseij 
gevonde bet welck onder t 
sant was gedolven e een 
kleyn Slipien siende baeldent 
uyt bet water soo alwat daer 
wierde getoont is van kleyne 
importantie e vonde de boot 
oock aldaer waer van de 
sitbanck uyt was bet welck 
de wilde seyde daer uijt was 
doen sy de boot vonde op 
de Jnventarij heb ick bet 
pertinent ges[et] al wat tot 
Bocquetenorton is bij yder 
man als bet weer wat stil 
woorden soo royden wy met 
de boot vandaen na t rack 
om te sien met een wilde 
Jonge maer de N O wint 
hief op soo dat wij ter 
nouwer noot an James onils 
eijlandt quame daer wy door 
rege e wint wierden op 
gehoude royde daer na nocb- 



Translation: C°'- '^SS. 

20:10 
went witb me from house (NYSL) 

to house, and those who bad 
found anything showed it as V 1671 "j 
they spoke. One showed |_ K. S. J 
two iron bolts of the sloop, 
another three bolts and a 
half empty cask, while yet 
another said that he found 
three yards of kersey which 
was covered over by the 
sand and, seeing a small piece 
of it, he pulled it out of the 
water; so that all that was 
shown to us was of lit- 
tle importance. We found 
there also the boat, the seat 
of which was gone; the In- 
dians said that it was lack- 
ing when they found the 
boat. On the inventory I 
have noted in detail every- 
thing that is at Bocquete- 
norton in each man's house. 
When the weather became 
somewhat calm, we rowed in 
the boat with a young Indian 
toward the wreck to examine 
it, but the N. E. wind came 
up, so that we scarcely 
reached James O'Neil's Is- 
land, where we were delayed 
by rain and wind. Never- 



538 



Province of New York 



[xLvJ 



Col. MSS. 

20: 10 

(HYSL) 
Dutch 

r 1671 1 

March 
L K. S. J 



tans inde wint daer na toe 
soo als wy daer quame soo 
ginge wij het strandt wel 3 
duytse miele langs. vonde 
het Jacht in 't sant bedeckt 
te deele alle de syde plancke 
vonde wij langs strandt op 
gesmete e hier e daer ee 
stuck van 't deck e stucke 
van 't Jacht e plancke e 
de spil lagh ontrent ee ur 
gans van Wrack het weick 
dwars tegen de wal leijt maer 
hebbe geen doode lichaem 
noch gebeente Cunne vinde 
de lieden van Bocquetenorton 
seyden dat sy het doode 
lichaem [niet gesien] ' hadden 
maer seyde dat de Wilden 
hadden geseght dat de wolf 
die al X'^slonde had het welck 
de wilde oock tege ons seyde 
als wij se Thien vaen Zee- 
want met ee decke presen- 
teerde datse ons het lichaem 
ofte gebeente soude wijse 
seyden de wolf heeft het 
){^slonde e het Zant of water 
heeft het gebeente bedeckt 
vonde ten laetsten de gieck- 
haeck met ee kort ent houts 



Translation: 

theless, we rowed thither 
afterwards in the wind, and 
when we came there we went 
along the shore for at least 
three Dutch miles and found 
the sloop partly covered by 
the sand; all the side boards 
we found cast upon the 
beach, and here and there 
a piece of the deck and 
pieces of the sloop and boards 
and the windlass lay about 
an hour's walk from the 
wreck, which lies length- 
wise against the shore, but 
we have not been able to 
find any dead bodies or 
bones. The people of Boc- 
quetenorton said that they 
had [not seen] the dead body, 
but said that the Indians 
had said that the wolf had 
already devoured it, which 
the Indians told us also when 
we offered them ten fathoms 
of seawant and a blanket to 
show us the body or bones. 
They said: "The wolf has 
devoured it and the sand or 
water has covered the bones" 
At last we found the boom 



• Original mutilated. 



[xLv] 



Collateral and Illustrative Documents 



539 



noch in het het welck wij 
uijt brande e nament mede 
onderwiel dit geruchte in 
merrijlandt waer van de ges- 
trande sloep soo hebbense 
die man Jan deverus van 
bocquetenorton Jn aparentie 
genome door dien hij by de 
wilde waerts geweest sonder 
kennis van eene Commis- 
saris Als oock can wilde 
Jonge out ontrent i6 a 17 
Jaere de welcke Comfessen 
dat de wilde veel goet hadde 
gevonde e geborge maer als 
na de lord van Merrylandt 
sijngesondegeworde e onder- 
socht siende soo Sien deselve 
wederomme vrij gelaete doe 
wij tot bocquetenorton quame 
soo waere sij al in preson 
X'^voert e wij e konde bij 
de wilde noch engelse eenich 
tecke hoore of X'^neme van 
mast of Zeijl of Touwerck 
of hoede want wij e hebbe 
niet Cunne vinde eenich 
tecke van mast ofte tou doe 
quame wij weder tot boc- 
quetenorton soo ordonneerde 
ick hendrick drochstraete 
met ule swense e Jan boeijer 



Translation: Col. MSS. 

20: 10 
hook with a short piece of (NYSL) 

wood still in it, which we 
burned out,and took itwith us. f 1671 "j 
Meanwhile, the rumor of the |_ n. s. J 
stranded sloop having spread 
in Maryland, they appre- 
hended the man Jan Deve- 
rus, of Bocquetenorton, be- 
cause he had been among the 
Indians without the knowl- 
edge of a commissioner, and 
also an Indian youth, of 
about 16 or 17 years, who 
confessed that the Indians 
had found and secured a 
great quantity of goods; but 
when they were sent to the 
lord of Maryland and ex- 
amined, they were set free 
again. When we came to 
Bocquetenorton, they had al- 
ready been put in prison, and 
neither among the Indians 
nor the English could we 
learn or obtain any informa- 
tion as to mast, sail, rigging 
or yard covers; nor could we 
find any sign of either mast 
or rigging. As soon as we 
returned to Bocquetenorton 
I ordered Hendrick Drock- 
straeten, together with Ule 



540 



Province of New York 



txLvJ 



Col. MSS. 
20: 10 

(NYSL) datse Weder na de Wilden 
Dutch ,_ - 1 - 1 

soude gaen e levere net 

[1671 "I Volck op het geene noch 
March , , , - - 

R. S. J onder haer mochte wese e 

't goet dattse noch hadde e 

ick )J^trock van daer na 

Manocke om te )J^neme hoe 

het met de gevangene mochte 

afloope door dien de spracke 

waer dat de Wilden de 

Criste mochte )i^mort hebbe 

als ick nu daer quam soo 

vont ick de gevangene maer 

daer wiert in Cort noch gee 

Court gehouden soo X'^trock 

ick weder 't buys Waert maer 

heb X'^stae datse sijn o* 

gevoert na petoxsen maer 

weder in vrijhz gestelt 

[ ? ] feb e quam doe weder 

't huijs Jan Boeyer met ule 

swense e Hendrick bleef 

noch bij de Wilde e de 24 

feb X'^trockense vanhier na 

Nij Castel en dieselve dach 

quame 2 wilde met goet van 

Sackamock de welcke dito 

Hendrick door dreygemente 

hadde become de 26 feb 

quam dito Hendrick self met 

noch meer goet en dewiel 

Jn merrijlandt e alhier ter 



Translation: 

Swensen and Jan Boeijer, 
to go again to the Indians to 
make them deliver up the 
people, who might still be 
among them, and the goods 
which they yet had, and I 
went from there to Manoc- 
ken to find out what became 
of the prisoners, for there was 
a rumor that the Indians 
might have murdered the 
Christians. When I arrived 
there, I found the prisoners, 
but no court was to be held 
soon and I, therefore, started 
for home. I understand that 
they were taken to Petoxen 
and have been set at liberty 
again. 

The [ ? ] of February I 
came home. Jan Boeyer 
with Ule Swensen and Hen- 
drick remained yet among 
the Indians, and the 24th 
of February they went from 
here to New Castle, and the 
same day two Indians came 
from Sackamock with goods, 
which the said Hendrick had 
obtained by threats. The 
26th of February the said 
Hendrick came himself with 



[xLv] 



Collateral and Illustrative Documents 



541 



plaetse X'^moet wierde dat 
het volck van Jan de Capers 
sloep moechte )5^mort sijn 
soo heb wij majestraete 
alhier ter plaet[se] ee Injurije 
belegt 



Endorsed: 



Translation: 

more goods, and inasmuch 
as it is believed, in Maryland 
as well as here at this place, 
that the crew of Jan de 
Caper's sloop may have been 
murdered, v?e, the magis- 
trates of this place, have 
summoned a jury. 



A Relacon from the 

Whore Kill about Jan de 
Capres sloope. 

1670.* 



Col. HSS. 

20: 10 

(NYSL) 
Dutch 

r 1671 1 

March 
L N. S. J 



[Verdict of Jury at the Whorekill concerning Jan de 
Kaper's vessel.] 



Dit sy Condich v?ie het 
mach Concerne dat nade- 
mael daer was ee suspitie 
dat de persoone van Jackt 
de Jonge prins van Ny 
Jorck mocht: wesen X^mort 
dewiel sy waere gestrant on- 
trent Jnketeck Inlaet Wij 
majestraete vande Hoerkil 
niet Conden de waerhz 
^i'^neme resolveerde in ons e 
voor de Extutution [sic] van 
Justitie hebbe de eerste dach 

• Or 1670-1671. 



Translation: 

Be it known to all whom it 
may concern, that whereas 
there was a suspicion that 
the persons of the sloop de 
Jonge Prins of New York 
might have been murdered, 
while they were stranded 
near Jnketeck Inlet, We, 
the magistrates of the Hoer- 
kil, not being able to learn 
the truth, deliberated at our 
meeting, and for the execu- 
tion of justice convened on 



Col. HSS. 
20 : 10 

(NYSL) 
Dutch 

1671 

Harch i 

H. S. 



542 



Province of New York 



[xLv] 



Col. MSS. 

20:10 
(HYSL) van mart 167 1 ysamelt ee 

van Twalf vande 



Dutch 



1671 

March i 

H. S. 



somma 

principaelste manne deser 
plaetse belangende een wey- 
nich goet dat is gesalveert 
bij de Jndiane van Nassa- 
wam e alhier gecome e om 
te Examineere getuijgenis 
concerning deselve Verdite 
is als volgt 

Dat het selve weynich 
geseyde goet deselve doe 
vinde dat het he[er]t nat 
geweest van sout water e 
dat bij de Evidences e 
Consideratie van andre 
Cacanstantes [sic] en deselve 
^moeden is dat het Jacht 
is gebleve in Zee e het Volck 
ydroncke e niet vermoort 

Helmanis fr Wiltbanck 

Croner 
James weedon forman 
Jan michiels 
pieter gronendick 
Antony hansen 
pieter hansen 
Jacobus klasen 
Arian hermsen 
Herman Cornelissen 
John rods 



Translation: 

the first day of March 1671 
the number of twelve of the 
principal men of this place, 
in order [to examine] a small 
quantity of goods which has 
been saved by the Indians of 
Nassawam and brought 
hither, and to consider testi- 
mony concerning the same; 
The verdict is as follows: 
They find that the said 
small quantity of goods had 
become wet with salt water 
and that, upon the evidences 
and consideration of other 
circumstances, their opinion 
is that the sloop kept asea 
and that the crew was 
drowned and not murdered. 



Helmanis Fr Wiltbanck 

Coroner 
James Weedon Foreman 
Jan Michiels 
Pieter Gronendick 
Antony Hansen 
Pieter Hansen 
Jacobus Klasen 
Arian Hermsen 
Herman Cornelissen 
John Rods 



IxLvJ 



Collateral and Illustrative Documents 



543 



Tomas davie 
Thomas skidmor 
Willem klasen 

Helmanis F"^ Wiltbanck 



Translation: 
Tomas Davie 
Thomas Skidmor 
Willem Klasen 

Helmanis Fr Wiltbanck 



Col. MSS. 
30 : lo 

(NYSL) 
Dutch 

1671 

March i 

N. S. 



C. A. 

2 : 664 



1670/1 
Mar. 17 



Certaine Instructions from y^ Govern'' 
to Capt" Martin Creiger (being bound (nysL) 
to y" Whore Kill.) March 17'^ 1670. 
Inprimis. 

You are to bring mee an Acco' of the encrease or decay of 
the Inhabitants there, & whether any nev/ fFamilyes are 
resolvd to settle here under y^ protection of his Royall 
Highness. 

You are to give mee an Acco' w' y^ Civill Offic''^ are, & 
whither y^ Scout is to be alterd this next ensueing yeare, and 
that y" person to Succeed be recommended to mee, whom I 
will Authorize for 2 yeares next ensueing. 

To enquire concerning those Indyans that murder'd John 
de Capers people, & to lett mee know under what Juris- 
diction they live. 

To bring y" Mill Stones w'^ their Appertenances with 
you, unless y^ Inhabitants have need of them; and agree 
with you for them in p'^sent Pay; This to be profFerd to M' 
Mills first. 

To remoove the Customes, & to restore them to their 
Auncient Liberty. 
March. 17. 1670. 

Franc: Lovelace. 

• In a duplicate of this document in Col. MSS., vol. 20, p. 12, there are a 
few variations, the principal of which are: Nassaawaam, in the body of the 
text ; and Arian Hermens, Thomas Davies, in the list of jurors. 



544 Province of New York [xlv] 



Col. MSS. [Inventory of Peltry, etc., saved from Jan de Kaper's Sloop.] 

[E]kstract [u]it de [PJrotocolle. 



(NYSL) 
Dutch 



1671 
Mar. 30 



Inventaris van pelterij die geburge sijn 
W't het Jaght van Jan de kaper dat ^J'^onge^uckt] js e 
zijn ae de meest biedende X'^koght te weete ae Mon^ Hen- 
drick Cousturier e zijn deese 

15 heele beevers a 20 gl: *t stuck f 300 — t 

14 kleijne beevers a 15 gul: 't stuck f. 210 — # 

6 Otters e 12 katlosse e 7 vissers 

3 vosse I Wolf ee last beever e 

4 halve beev al' te same voor f 200 — # 

Nogh ae seuant tvpee e 't negentigh gul: f. 92 — * 

beloopt te same de somma f 802 — t 

Dies sal Mon' Hendrick Cousturier betale ae Harma-nes 

freedricks 13 el duffels a 12 gul: d' el beloopt f 156 — # 

nogh voor ee gesp kruijt e ee mes te same f — 6 — r 

Nogh ae Harme Cornelisz. 2 e f el duffels a 12 gl: 

d' el beloopt f -32 — ff 

'twelck sij hebbe ae de wilde gegeeve tot ee schenckadie 
voor de voorsz: goedere die sij bekoome hebbe 

Actum Nieu Castel Matt: De Ringh 

Den 30 Maert A° 1671 Klerccp 

Acordeert Met de 
Protocolle 



[x^v] Collateral and Illustrative Documents 545 



Translation: Extract from the Protocol Col. MSS. 

20: 18 
Inventory of peltries which were rescued from the wreck (NYSL) 

of the sloop of Jan de Kaper, and which were sold to the 

highest bidder, to wit, to Mr. Hendrick Cousturier,as follows: 1671 

Mar. 30 

15 whole beavers @ 20 guilders a piece f 300 — * 

14 small beavers @ 15 guilders a piece f. 210 — * 

6 otters, 12 cachalots, 7 fishes, 

3 foxes, I wolf, one last of beavers and 

4 half beavers, all together for f 200 — b 

Also, in seawant, ninety-two guilders f. . 92 — a 

Amounts together to the sum of f 802 — 1 

Mr. Hendrick Cousturier, therefore, shall pay to Harmanes 
Freedricks 13 els of duffel @ 12 guilders an el, amounts 

to f 156 — # 

Also, for a buckle, powder and knife, total f 6 — 1 

Also, to Harman Cornelissen 2f els of duffel @ 

12 guilders an el, amounts to f 32 

which they gave to the savages as a present for the afore- 
said goods which they secured. 

Done at New Castle Matt: De Ringh 

the 30th of March A? 167 1 Clerk 

Agrees with the Protocol. 

Endorsed: An Inventory of the 

Peltry &c saved out of 
Jan de Capres sloope 
— 1670, 

[35] 



546 Province of New York [xlv] 

^:A' Lre from y" Governo' to y^ 

(NYSL) Govemo"^ of Mary-Land. 

May ^2 I" y^ first place I congratulate yo'' happy & safe Returne 
from Europe (together w"' yo' Ladyes, and all yo"^ Relacons) 
into Maryland, where may yo^ Continuance be never Inter- 
rupted by any synister Accident either publique or private. 
Next, I am importun'd by y" surviveing Parents of those 
unfortunate Children (M*^ Courtree, & John y Caper, y" 
first looseing one, & the latter 3 Sonns) to begg you to com- 
passionate their Condicon, and to afford them yo^ best assist- 
ance to y" Recovery of some of their Sonns, out of y^ hands 
of their cruell & barbarous Indyan Possesso", in whose 
Custody they heare (& w"' some assurance) they remaine 
still unmurtherd. All y'' Inquisicon has been made from 
Delaware after them that may bee, but in regard of the 
remoteness of Place, & want of Power sufficient to compell 
y"" Natives to a cleere confession, little of moment has been 
perform'd to the satisfaction of y'' Truth; And as it lyes now 
in yo'' Power (y^ Scene where that tragicall Action hap'ned 
being in yo*" Dominions,) Soe likewise wee all rest assured 
you will afford us yo*^ best assistance to y^ detection of soe 
horrid an Usage committed on those Christians and Subjects 
to his Ma'.'^ 

All y^ Light wee can discover as yet is, that in Jan''7 (upon 
informacon) one Henry y" Baker, ats Trowstat, repaired to 
Finquakin an Island on the Sea-Coast in yo"^ Confines, but 
could discover little; In ffebruary upon fresh Intelligence hee 
made another Journey thither accompanyed with two others, 
viz' John Bowyer & Oloff Swans a Swede, where (after great 
difficulty) they arriveing at y® same place, upon more diligent 
Search found at last, y" Boate belonging to y" Sloope w**" two 
Oares in it, & a Chest, but saw noe humane Creatures either 



[xLVj 



Collateral and Illustrative Documents 



547 



civill or savage, & return'd with this Relacon, since w'^'' a ^•^^^ 
fresh Reporte is arriv'd that some of y" Company was (NYSL) 
murther'd & some of y^ Youths p''serv'd alive It being Cus- 
tomary to those Natives to treat Youth w*'' more Tender- May 22 
ness; Thus farr wee have trac'd the sad Catastrophe of that 
Sloope; It now remaines that you will vouchsafe to proceed 
to a full Discovery what is become of y'' surviveing Children, 
whose Parent not onely w*'' Teares Supplicats yo"^ generous 
Assistance, but will likewise w**^ all y*' demonstracons of 
Gratitude compensate what Expenceyou shall putt yo' selfe 
or others to, in y'^ compleating a full assurance, either of 
their Joy or Misery. Thus referring this Affaire to yo' 
Hon'''^ & worthy Consideracons I take my Leave of you w"* 
all respect of being 

Yo"' very humble & affec'* 
New Yorke Servant 

May 22'.'' 1671: Fran: Louelace 



Whereas I am given to understand that some of y"' Goods 
shipt on Board y^ Sloope y^ Prince of Orange, w*^^ was y^ 
last yeare unhappily lost by Ship-wrack or otherwise, as 
shee was bound from New Castle in Delaware River to this 
Porte, were cast on shore, or by some other meanes saved 
by y*^ Indyans, & are now secured in y" Towne of New- 
Castle; To y^ end it may the better be knowne & Discovered to 
whom such Goods doe of Right belong; These are to Author- 
ize & require you, that w'^ y first Opportunity of a Vessel 



C.A, 

2:707 



An Ord' about y® Goods y' 
were cast on shore by Ship- (NYSL) 
wrack out of y^ Sloope, 
Prince of Orange. 



1671 
Jttne I 



548 



Province of New York 



[xLVl] 



c. A. 

2:707 

(ITJfSL) 

1671 
June I 



to come from those parts hither, you cause y^ said Goods 
to be shipt on board for this Place; you takeing an Inventory 
thereof, where Care shall be taken for their Disposall accord- 
ing to Equity & Justice. Given under my Hand at fforte 
James in New^ Yorke this first day of June 1671. 

[Francis Lovelace.] 
To Capt" Carr, & y* rest of y^ 

Offic"^^ at Nevs^-Castle in 

Delaware-River. 



No. XL VI. 
ALBANY — FARMING OUT OF TAPPERS EXCISE. 



G. E. 

4: 282 
(NYSL) 

1671 
Aug. 2 



Some Orders made by Governed 
Lovelace, when hee was at Albany 
in An? 1671. 

Whereas for the Well-Governm' and holding of Courts of 
Justice in this Towne for the Inhabitants thereof, as also 
of the Colony of Renzlaers-Wijck, Schanechtide, & parts 
adjacent, as well as Strangers, there have been annually 
Elected two Commissaryes for this Towne & Schanechtide, 
& two more for Renslaerswijck to supply y^ places of two 
others in each place that are dismist, and to bee joyned to 
one of each Place that reamines in making all together 
the Number of 6 Corn: besides the Schout: And I being 
informed That those Commissaryes who are Elected for 
Renslaerwijck, either by reason of the distance of their 
Habitation from the Towne, or their other Occasions are 
often absent when they are appointed to meet, soe that noe 



[xLvJ 



Collateral and Illustrative Documents 



549 



Court can then bee held, to the great dissatisfaction of those 
who have Busynesse, and give their Attendance there; I 
have by & with the Advice of my Councell thought fitt to 
Order & Appoint, & by these presents doe Order and 
Appoint that one person more bee annually added for the 
Towne of Albany, & y" same Number as formerly to con- 
tinue for Renslaerswijck, whereby upon all Occasions their 
Courts may the more regularly bee held, and noe Obstruction 
bee putt to the due Proceedings of Justice. Given under 
my hand and Seale at fFort Albany the 2"? day of August 
in the 23'? yeare of his Ma'-'''' Reigne, Annoq? Domini 1671. 

(Fran: Louelace. 



G. E. 
4: 282 

(NYSL) 

1671 
Aug. a 



[Order for a Court at Albany.] 

Memorand" It is likewise Ordered & Appointed That 
for the better Dispatch of Busynesse, The Presid' w'*" any 
three of the Commissaryes shall bee a Court to decide & 
determine all Cases which shall come before them. 



G. E. 

4:284 

(HYSL) 

1671 
Aug. 2 



Thomas De Lavall empowered to deter- G- E. 

I r. AIL 4:283 

mme such ousyness at Albany as was (NYSL) 

left undone by the Governor &c: 



Whereas although most Busynesse of Concerne in this 
place hath been heard & debated before mee during my being 
here and severall Orders made there-upon, but my Occasions 
calling mee back to New Yorke, and you making some Stay 
behinde mee, there being some other Matters left undeter- 
mined; These are to Authorize & Appoint you to take 
Cognizance of all such Matters, whether relating to the Pub- 
lick, or of private Concerne, and to give such Order therein 



1671 
Aug. 2 



550 



Province of New York 



[xLVl] 



G. E. 2.S you shall finde most expedient and suitable to Justice 
(HYSL) & Equity; Of which you are to render mee an Acco' at yo'' 
Returne: And for what you shall Act or doe herein, This 
shall bee yo*^ Warrant. Given under my hand at fFort 

Albany this 2** day of Aug?' 1671. 

Fran: Lovelace. 
To Cap' Thomas Delavall. 



167 1 
Aug. 2 



G. E. 
4: 28 

(NYSL) 



1671 
Aug. 6 



Recorded for Capt° Thomas De La-vall, 
concerning his fFarming out y^ Excise at 
fForte Albany. 

Whereas y^ R' Hon"" Cott: Francis Lovelace by his War- 
rant Dated y"' 2^ Day of August 1671 here in Albany hath 
Empowered mee to take Cognizance of all Matt"^ relateing 
to y'^ Publique or private Concernes, and by his former Order 
to me in particular concerning y" Letting to ffarme y® Grand 
Excize of Beer and Wine, and according to y" ffore-goeing 
Orders I did Demand of Johannes Provost if hee would have 
y" Excize at y*^ same Rate hee had it y'' last yeare in p'^sence 
of Capt" Schijler, Stephanus van Cortlandt and others, his 
Answer was hee could not; then I told him I would discharge 
him from that day if hee would; hee seemed to be content, 
whereupon immediately I lett it out to Martin Crieger Jun^ 
for y" same Rate hee paid, w"^"" was 6600 Guild", for y'' 
ensueing yeare, and to begin y" 25'*' Day of July, and to pay 
to y^ said Provost pro Rato untill y" 5"" of August, as hee had 
done in y^ yeare 1669. His Hono''^ comeing up was the 
Occasion I did not putt Martin Creiger into Possession at 
y" time of the ffarme being then expired; but soe soon as 
the Governo"^ was departed from this Place being y" 28"^ 
of July, Martin Creiger demands y^ Contract made w"' mee 
to have y° ffarme from y^ 25"" day of July, but his Hono'' 



[xLvi] Collateral and Illustrative Documents 551 



being willing to Accomodate Provost, would not make any G. E. 
Dispute, but told Martin Crieger hee should have y' ffarme (NYSL) 



1671 



from y^ 5''' day of August 1671. untill y" 16"' of August 
1672; and at y" same Rate, in Consideracon of y® Loss Aug! 6 
hee sustaines in not haveing y® ffarme from y'' 25''' day of 
July; and to Avoid Disputes for y" future did Agree with y* 
said Martin Crieger Jun- to hold y" ffarme from y" 16^^ of 
August 1671. untill y^ 26"" of October 1672; and to pay 
Twelve hundred Guild*^^ more; Soe that the ffarme is now 
lett for th'ensueing yeare for Seaven Thousand Eight hundred 
Guild". Martin Creiger complaining y" best of y" time was 
past, & that hee thought hee should have paid noe more then 
pro Rato as Provost had done; Now by Vertue of my afore- 
said Comissions or Orders to mee, 1 doe by this Lett y" said 
Grand Excize unto you Martin Crieger Jun^ from y^ 5"^ of 
this p''sent August 1671, untill y" 26"' of October next 
ensueing, w'''' will be in y^ yeare of o"^ Lord 1672. with all y" 
proffitts & Benefitts thereunto belonging, And to all Intents 
& Purposes to enjoy it w"" all y^ Priveledges yo*" Predecesso"'"' 
had, or any before you in y" like Manner; And y" said Con- 
tract I doe engage shall be Confirmed by y'^ Hoii'^ Cott 
ffrancis Lovelace. In performance hereof I have hereunto 
sett my Hand this 6"" Day of August 1671. 

[Thomas Delavall.] 
ffor y^ Sufrie of 7800. Guild"^'. 

The Governo'^ Confirmacon of y^ Agreem' G. E. 
betwixt Cap* Delavall & Martin Creig' Jun"' (^ysL) 
touching ffarming out y® Grand Excize at 
Albany. 

Whereas I did Entrust & Empower M"^ Thomas Delavall 1671 
Mayo"' of this City, and one of y^ Councell to Lett to ffarme 



552 



Province of New York 



[xLVu] 



G. E. 
4:30 

(NYSL) 

1671 
Sept. 14 



y^ Grand Packt or Excize of Beere and Wine at Albany for 
y^ yeare ensueing, y'' w"^*" accordingly hee hath done by 
Agreem* w**" Martin Crieger Jun' That hee shall hold y® 
said Grand Packt or Excize or Wine & Beer w"* all y® 
Proffitts and Benefitts thereunto belonging from y* time of 
y*^ Expiracon of y^ Terme for w"^** it was lett to David Provost 
(being y^ 5"" day of August) untill y" 26*'' day of October 
1672; Hee y^ said Martin Creig'' paying for y® same y* 
Sume of Seaven Thousand eight hundred Guild" Seawant, 
w'^'' is 6600 guild" y^ Suine it was lett for y® last yeare, & 
1200 Guild" more in consideracon of y* time over & above 
y^ yeare ; I doe by these p''sents Allow of, Ratify, & Confirme 
y* said Agreem' made by M"' Delavall w"" y^ s"^ Martin 
Crieg% that hee hold & enjoy y* said Grand Packt or Excize 
w"' all y" Proffitts and Benefitts thereunto belonging for y° 
time and Terme, and for y"" Sume afore-menconed. Given 
under my Hand &c: this the 14"' Septemb''. 167 1. 

[Francis Lovelace.] 



No. XLVH. 

LONG ISLAND — TROOP OF HORSE OF NORTH 
AND WEST RIDINGS OF YORKSHIRE. 



C. A. 
2: 600 

(NYSL) 

1670 
Oct. 24 



Gentlemen 

Having this last yeare setled a Militia of Horse in y? West 
Ryding of Long Island, wherein I mett w''' all y? Concur- 
rance of those that would voluntarily list themselues as 
Troopers, w''*' resolutions as I look't upon them as proceed- 
ing from y? desires they had to put themselues into such a 



[xLvu] Collateral and Illustrative Documents 553 

posture of Discipline as is conceiu'd will most tend to y^ C. A. 

p'^servation of y^ Country in safety & quiett not onely against (.NYSL) 

intestine troubles but likewise of v^ Insolence of v? Indians 

1670 
(if any such occasion should happen) so likewise I thought Oct. 24 

it my duty to represent this their Cheerfull obedience to his 

Royall Highnesse who not onely approved of this manner of 

framing a Troop but likewise that y? rest of y^ Island should 

follow so servisable an Example, I cannot therefore but 

recoinend this to yo^ Care & managem? & would desire yo" 

at some Convenient Season before y^ Springe to Assist Capt" 

Younge in Listing & inrowling such Volunteers as will engage 

in that Imployment, & y' w"" y^ best oppertunity you send 

me up a List of them, I have Constituted him to be y? 

Captaine, for y? oth^ Subordinate officers I leaue to y? free 

Elections of such as y': Major ^te of y" Troop will nominate, 

of w''*' They are to retorne a double Choice, & then out of 

them I shall appoint such as I conceiue most proper by 

Comissionating them in their Charge. In y? Springe Season 

I purpose to be w'** yo" & view y? Generall appearance both 

of Horse & foot, not doubting in y? least, to fynde y^ Militia 

in such a posture as is fitt for y? end it is designed for; I 

would not willingly beleiue some haue beene so indiscreet as 

to discountenance othP from listing themselues, unlesse by 

scattering a Jealousy amongst men onely to fitt them for 

more desperate & Impious undertakings, but I shall insist 

no more on that ^ticuler till I am convinc't by y^ Sequell, 

In y? meane tyme I expect yo'' chearfull concurrance to this 

my ordT & promoting a Cherfull complyance of such as are 

qualifyed for that Imploym' I haue no more but to Assure 

yo" that I am 

Yo^ very Loving freind 

Fort James 24}^ of Fr: L. 

Octob^ 1670. 



554 



Province of New York 



[xLVuJ 



C. A. 
2 :690 
(HYSL) 

1671 
May 18 



The Governo" Ord"' to y*" Troope 
about choosing them Offic'^^ 

Whereas Proposalls & Request hath been made unto Mee 
by some of y^ Offic''^ and others in y*" behalfe of y*" Troope 
of Volunteers that they being destitute of a Captaine & 
Lievten* to Command their Troope at y" Gen" Trayning, 
where they are in short time Commanded to give their 
Attendance; Vpon mature Dehberacon & Advice had here- 
upon, I doe thinke fitt to recofnend unto y*" s"^ Offic" & 
Troop'^'' that they make choice of Three persons for Capt°, 
two for Lievten', & 2 for Cornett; & speedily returne y® 
Denominacon of them unto mee, out of vv^'^'* Number I shall 
constitute & Appoint one of each to be y" chiefe Officer of 
y'' Troope who shall have my Commission by Authority of 
his Royall Highness for y" same; Given under my Hand at 
fforte James in New Yorke this iS"" day of May 1671. 

[Francis Lovelace.] 
To M'' Thomas Willett Cornett 

to be Comunicated to y'' rest of the 

Troop at their Meeting-together 

To-Morrow being y'= 19"" instant. 



C. A. 
2:697 

(NYSL) 



1671 
May 22 



Ordered that Capt" Nicolls, Tho: 
Willett, Elias Doughty, & Tho: 
Wandall be Offic"^ to y" Troop. 

Whereas according to my Ord"^ of the 13"' ' of this instant 
Month, that Election should be made by y*" Troope of Volun- 
teers of their Captaine, Leivten', & Cornett by returning y* 
Names of three Persons for Captain, & two a piece for 
Lievten' & Cornett, w"^*" accordingly hath been done, & 



'This should be " 18' 



[xLvii] 



Collateral and Illustrative Documents 



555 



their Names returned unto mee, Out of y^ Number soe 
returned I have thought fitt to Nominate & Appoint Matthias 
NicoUs to be Capt, Thomas Willett to be Lievten' & EHas 
Doughty to be Cornett of y'' said Troope, & also that Thomas 
Wandall who was Eldest Corporall be Quart'^-Mast% for 
y" w"*" they shall have their severall Comissions. In y* 
meane time this my Resolucon is to be Coiriunicated to y® 
Troope in General!, who are ordered to give their Attendance 

at y^ fferry on Wednesday by three a Clock, where 

they shall receive further Orders. Given under my Hand 
at fForte James in New-Yorke this 22"" day of May. 1671. 

[Francis Lovelace.] 



c. A. 
2:697 

(NYSL) 

1671 
May 22 



Commission for Capt" Matthias C. A. 
Nicolls to be Captaine of the (NYSL) 
Troope of Volunteers 



upon 



Long Island. 



Francis Lovelace Esq^ Governo'^ Gen" under his Roy" 
Highn^ James Duke of Yorke & Albany &c: of all his 
Territoryes in America. 

To Matthias Nicolls. Capt" 

By Vertue of y° Cofnission & Authority unto mee given 
by his Royall Highness I have Constituted & Appointed, & 
by these Presents doe hereby Constitute & Appoint you 
Matthias Nicolls to be Captaine of a Troope of Horse 
Lysted or to be Lysted within y^ North & West Rideings of 
Yorkshire upon Long Island or parts adjacent as a Troope 
of Volunteers; you are to take into yo"" Charge and care y^ 
said Troope as Captaine thereof; & duely to Exercise both 
yo'' inferiour Officers & Souldiers in Armes, & to use your 
best Care, Skill, and Endeavour to keep them in good Order 
& Discipline. Hereby requireing all inferiour Offic" and 



1671 
May 22 



556 



Province of New York 



[xLVIl] 



C. A. 
2:698 

(NYSL) 

1671 
May 22 



Souldi''? under yo'' Comand to obey you as their Captaine; & 
you are likewise to observe & follow such Orders & Direc- 
tions as you shall from time to time receive from mee or other 
yo*^ superiour Offic" according to y® Discipline of Warr. 
Given under my Hand & Seale at fForte James in New- 

Yorke. this 22"" day of May 1671. 

[Francis Lovelace.] 



C. A. 
2: 699 

(NYSL) 



1671 
May 22 



Commission for M"^ Thomas Willett 
to be Lievten' of y" same Troop. 

Francis Lovelace Esq^ One of the Gentlemen of his Ma"^^ 

Hon'''" Privy Chamb% & Governo'' Geii" under his Roy'.' 

Highness, James Duke of Yorke & Albany &c: of all his 

Territoryes in America. 

To Thom: Willett Lievten' 

By Vertue of y^ Commission & Authority unto mee given 
by his R: H^ I have Constituted & Appointed & by these 
p'^sents doe hereby Constitute & Appoint you Thomas Wil- 
lett to be Lievten' of a Troope of Horse Lysted or to be 
Lysted w^'in y" North & West Rideings of Yorkshire upon 
Long Ist"? or parts adjacent w^'in this Governm', as a Troope 
of Volunteers, whereof Matthias Nicolls is Captaine. You 
are to take into yo"^ Charge & Care y^ said Troope as Lievten' 
thereof, & duely to Exercise both y'^ inferiour Offic" & Soul- 
diers in Armies, & to use yo'' best Care, Skill, & Endeavour to 
keep them in good Order & Discipline; Hereby requiring 
all inferio'' Officers & Souldiers und"^ yo'' Coinand to obey you 
as their Lievtan'; And yo" are likewise to observe & follow 
such Ord'^^ & Directions as you shall from time to time 
receive from mee or other yo"^ superio'' Offic'^'' according to 
y"" Discipline of Warr. Given under my Hand and Seale at 
fForte James in N: Yorke the 22 "" day of May. 1671. 

Fra: Louelace. 



[xLvii] Collateral and Illustrative Documents 557 



Comission for M*" Elias Doughty to C. A. 
be Cornett of y* same Troope. (NYSL) 

Francis Lovelace Esq^ &c: — 
To M-^ Elias Doughty Corn'* 

By Vertue of y" Cofnission & Authority unto mee given by 1671 
his Royall Highness I have Constituted & appointed, & by 
these p''sents doe hereby Constitute & Appoint you Elias 
Doughty to be Cornett of a Troope of Horse Lysted or to be 
Lysted w^'in y*" North & West Rideings of Yorkshire upon 
Long Isl*^ or parts adjacent w^'in this Governm' as a Troope 
of Volunteers, vehereof Matthias Nicolls is Captaine. You 
are to take into yo' Charge & Care y® said Troope as Cornett 
thereof; & duely to Exercise both yo"^ inferio"" Officers & 
Souldiers in Armes, & to use yo"" best Care, Skill & Endeavour 
to keep them in good Order & Discipline; Hereby requireing 
all inferiour Offic"^ & Souldiers under yo"" Cofnand to obey you 
as their Cornett. And you are likewise to observe & followr 
such Ord"^"" & Directions, as you shall from time to time receive 
from mee or other yo"^ superiour Offic'^'' according to y^ Dis- 
cipline of Warr. Given under my Hand and Seale at Forte 
James in New Yorke the 22"" day of May. Anno Dm 167 1. 

Fran: Lovelace 



Commission for M'' Thomas Wandall C, A. 
to be Quarter-Master of y'' (hVsL) 
same Troope — 

Francis Louelace Esqp &c: — 
To M^ Tho: Wandall Quart'-MastT 

By Vertue of y* Coiriission & Authority unto mee given 1671 
by his Royall Highness I have Constituted & Appointed, *^^* 
& by these p''sents doe hereby Constitute & Appoint you 



558 Province of New York [xlvm] 



C. A. Thomas Wandall to be Quarto-Mast*" of a Troope of Horse 
(NYSL) Listed or to be Listed w*''in y'' North & West Rideings of 
Yorkshire upon Long Island, or parts adjacent w'^'in this 
May 22 Governm* as a Troope of Volunteers, whereof Matthias 
Nicolls is Captaine. You are to take into yo'' Charge & 
Care y'' said Troope as Quart*^ Mast"^ thereof; And duely 
to Exercise both yo' inferiour Offic" & Souldiers in Armes; 
And to use yo"^ best Care, Skill, & Endeavour to keep them 
in good Ord*^ & Discipline; Hereby requireing all inferio'' 
Offic" & Souldiers under yo"" Coiriand to obey you as their 
Quart''-Mast'^ And you are likewise to Observe & follow such 
Ord""^ & Directions as you shall from time to time receive 
from mee or other yo"" superiour Offic'^'' according to y" Dis- 
cipline of Warr. Given under my Hand & Seale at fForte 
James in New Yorke y* 22'*" day of May Anno Dru 1671. 

[Francis Lovelace.] 



No. XLVHL 

DELAWARE — NEW CASTLE AND THE WHORE- 
KILL, PROPOSALS OF CAPTAIN JOHN 
CARR AND ORDERS THEREON. 



Col. MSS. Some Matters to be tendred to the Con- 

(HYSL) sideracon of his Hon"" y" Governo'' & 

his Councell touching y^ Towne of 
New Castle, & Plantacons in Dela- 
ware River, now und*" his R : H? Pro- 
tection & Governm'. 

1671 That y'' Towne of New-Castle being y* strength of y® 

Riv% and only capable to defend it selfe against y" sud- 



[xLvni] Collateral and Illustrative Documents 559 



>iy 



dain Violence & Incursion of y^ Indians, It's humbly Col. MSS. 

20 I 22 

left to Consideracon, whether y^ Inhabitants should (NYSL) 

not have some more then ordinary Encouragem'. As 

first That a Small Block-House may be erected in some [June] 

convenien[t] Place of y*" Towne, where a Constant graunted 

Watch may be kept, (now y" fforte is fallen to Ruine 

& Decay) for their Comon Defence; the w"'' will cost 

noe great Matt', & may be risen at y" Charge & 

Expence of y'' Inhabit''' of y* Towne, & Plantacons 

upon y" Riv', who will not be backwards (if any Order 

shall be issued forth for it) in contributing towards y" 

same. 

That noe Sloope or Vessell from this or any other place graunted— 
comeing to trafhck or trade there be permitted to goe trafick: 
up y® River above y^ Towne (w'^'' hath of late been only 
tol[er]ated, for that it will probably be y* ruine of 
y" place (if continued,) all Trade deserting them; & 
those that goe up receiving ready paym' in Peltry or 
Come for their Liquo'^'' w'^'^ they sell by Retaile with 
y" small Measure, or for their petty Wares, y^ Inhabit- 
ants can neither be paid for what formerly hath been 
due to them; nor shall be capable of getting a Lively- 
hood hereafter. 

jl'' That y^ distilling of Strong Liquo" out of Come, X 
being y^ Cause of a great Consumption of that Graine, 
as also of y** Debauchery & Idleness of y*' Inhabitants, 
from whence inevitably will follow their Poverty & 
Ruine, bee absolutely prohibited or restrayned. 

[4]'^ That y" Number of Victuall"^ or Tappers of strong granted 
Drinke bee ascertained; That is to say. Three only for 
y^ Towne, & some few up y'' River, who y" Offic" 
shall thinke fitt to approve of, & noe more then will 
be found convenient, who may have Lycense to doe 



56o 



Province of New York 



[xLvm] 



Col. MSS. 

20: 22 

(NYSL) 

1671 
[June] 

granted 



r'y 



granted Aly 



7ly 



y'' same; whereby Disorders will be prevented & 
Travell'^ have bett"^ Accomodacon. 

That Constables may be appointed to keep y^ Kings 
peace, who shall have Staves w"^ y Kings Armes upon 
them, as is practised in y" rest of these his royall High- 
ness Dominions. 

That they may have y^ Kings Armes to be sett up in 
their Courts of Judicature, as well as on y" Staves, 
the w"^*" they will bee at y^ charge of themselves. 

That what Land y^ Office" there have made Grants 
of for New Plantacons (being waste implanted Land) 
& y^ w* They had Encouragem' to doe by yo*^ Hono''^ 
Predecesso% & never had Order to y" contrary, may 
be Confirmed, There being generally Care had for a 
Moderacon therein, 
granted giy 7^3^ severall Ord" past at and about y^ time of y^ 
Tryall of y* Long ffinn, as well about Publique Charges, 
as y^ Whore-Kills haveing Offic" subordinate to those 
of New-Castle, as also for clearing y" High-wayes, 
maintaining fFences, & other Matt'^'' relateing to y® 
Well-Governm' of that place be reinforced by yo' 
Hono"^^ approbacon. 

That whereas their Neighbo"^ of Maryland have made 
Offer to cleare y" one halfe of y" way between M'' 
Augustine Harmens Plantacon, & y" Towne of New- 
Castle, an Order may be issued forth that those of 
Delaware should Cleare y^ other halfe next to them, 
ye Ypch ^jjj jjg j^Qg great Labour or Charge, & may 
prove of great use & Benefit for Travelling & Commerce. 

That some Person may be appointed & Sworne at y* 
Towne of New-Castle to be Corne-Meeter, who may not 
only see y^ Come duely measured, but p'vent the 



Vv 



granted 

& the laws 

in that case 

atted.' 



ID' 



,iy 



' Meant for " attended." 



[xLvin] Collateral and Illustrative Documents 561 



sending thereof abroad soe fowle, by ordering it to Col. MSS. 
be well Cleansed; And also that y^ said Offic'^ have (NYSL) 
an Inspection, & doe View their Beefe & Porke that it 
be well packt & merchantable. [June] 

11'?' That there being a Mill, or most (if not all) the Apperte- graunted— 
nances thereunto belonging, up Delaware River at y'^mili stones 
Carcoons Hooke, w'''' did heretofore appertaine to y^ &^to^beriet 
Publique, & now is Endeavour'd to be enerossed bv ""'' '^® 
some particular persons for their private use; It may sarve pub- 
be recommended to be taken into his Royall Highness, farther ordr 
or his Deputyes hands; by w''*' some Benefitt will 
accrew, & being kept in good Repaire will be of a pub- 
lique & Geii" Good to y" Inhabitants. 

12'^ That noe Quantityes of Liquo"^ be sold to y^ Indyans ^ 
under a Quarter of an Ancker, halfe, or a whole 
Ancker. 

13''' That y^ Houses in y^fforte being soe greatly decay'd, as granted 
they cannot stand long, their Tiles, Brick, Iron, & other 
Materialls may be taken downe in time, & preserved 
for Y^ building a New House in their Roome, when 
opportunity permitts. 

That they may bee acquainted by what tenure 
They held their land. 

On verso: 

Proposalls from Capt. 
Carr concerning Delaware 

Endorsed: 

Capt: Cars Proposalls. 
1671 

[36] 



562 Province of New York [xLviu] 



^* ^* Proposalls from Delaware. ' 

2:713 1^ 

(mrsL) 

Some MatP to be tendred to y^ Consid- 

eracon of his Hone'' y*" Governo'', & 

his Councell touching y'= Towne of 

N: Castle & Plantacons in Delaware 

River, now under his R: H^ ptection 

& Governm*. 

rieril That y*^ Towne of New Castle being y*" strength of y^ 
River, & only capable to defend it selfe against y® suddain 
violence & Incursion of y" Indyans, It's humbly left to con- 
sideracon whether y^ Inhabitants should not have some more 
then ordinary Incouragem'. 

1. As First that a Block-House may be Erected in some 
convenient place of y"^ Towne where a constant Watch may 
be kept (now y^ fforte is fallen to ruine & Decay) for their 
common Defence, y" w"^ will cost noe greate Matter, & may 
be risen at y® Charge and Expence of y^ Inhabit'' of y" Towne 
and Plantacons upon y^ River, who will not be backwards 
(if any Order shall be issued forth for it) in contributing 
towards y*' same. 

2. That noe Sloope or Vessell from this or any other place 
comeing to traffique or trade there be permitted to goe 
up y^ River above y" Towne, w'^'' hath of late been only soe 
tolerated; for y' it will pbably be y'' ruine of y" Place if 
continued, all Trade deserting them, & those 

3. That goe up, receiving ready paym' in Peltry or 
Corne for their Liquo"^% w'^'^ they sell by Retayle w''' y° 
small Measure, or for their Petty-wares y" Inhabit'^ can 
neither be paid for what formerly hath been due to them, 
nor shall be capable of getting a Livelyhood hereafter. 

• This recorded copy varies from the fuller and more valuable text in New 
York Colonial MSS., vol. 20, p. 22, which precedes this one. 



[xLviii] Collateral and Illustrative Documents 563 



4. That y" distilling of Strong Liquo"^"" out of Come being C- A. 
y^ Cause of a great Consumption of that Graine, as also y" (NYSL) 
Debauchery & Idleness of y'' Inhabitants, from whence ^ , -, 
inevitably will follow their Poverty & Ruine be absolutely U'-meJ 
phibited or restrayned. 

5. That y^ Number of Victuall"^ or Tappers of Strong 
Drinke be ascertayned, That is to say, Three only for y" 
Towne, and some few up y® River who y"^ Offic"^^ shall 
thinke fitt to Approve of, & noe more then will be found 
Convenient, who may have Lycenses to doe y*^ same, 
whereby Disorders will be pVented and Travellers have 
better Accomodacon. 

6. That Constables may be appointed to keep the Kings 
peace, who shall have Staves w"' y*" Kings Armes upon them 
as is practised in y^ rest of these his Royall Highness 
Dominions. 

7. That they may have y" Kings Armes to be sett up in 
their Courts of Judicature, y" w""^ as well as of y" Staves 
they will be at y'^ Charge of themselves. 

8. That what Lands y^ Officers there have made Grants 
of for new Plantacons, being Wast implanted Land, & y" 
w*^*" they had Encouragem' to doe by yo'' Hono'''' Prede- 
cesso% & never had Order to y'' Contrary, may be Con- 
firmed, there being generally care had for a moderacon 
therein. 

9. That severall Ord"^^ past at & about y* time of y* 
Tryall of y® Long ffinn as well about Publique Charges 
as y^ Whorekill, haveing Offic*^^ subordinate to those of 
New-Castle, as also for Clearing y® High-Wayes, Maintaining 
fFences, & other Matt" relateing to y" Well Governm' of that 
Place, be reinforced by yo'' Hono''^ Approbacon. 

10. That whereas their Neighbo'^'' of Maryland have 
made Offer to Cleare y" one halfe of y" way between M*" 



564 



Province of New York 



r Ho. -I 

IXLVIUj 



C. A. 

2:713 

(NYSL) 

ri67ii 

LJuneJ 



Augustine Hermans Plantacon & y" Towne of New-Castle, 
an Ord' may be Issued forth that those of Delaware should 
Cleare y'' other halfe next to them, the w'^'' will be noe great 
Labour or Charge, & may prove of great use and Benefitt 
for Travelling and Commerce. 

11. That some person may be appointed & sworne at 
y^ Towne of New Castle to be Corne-Meeter, who may not 
only see y^ Come duely measured, but prevent the sending 
thereof abroad soe fowle by ordering it to be well Cleansed, 
& also y' y" said Offic"^ have an Inspection, and do view their 
Beefe & Porke that it be well packed, and merchantable. 

12. That there being a Mill, or most if not all y" Apper- 
tenances thereunto belonging up Delaware River at y^ Car- 
coons Hooke, w'^'' did heretofore appertaine to y® publique, 
and now is Endeavoured to be Engrossed by some particu- 
lar persons for their private uses may be recomended to be 
taken into his Royall Highness or his Deputyes hands, by w'^'' 
some Benefitt will accrew, and being kept in good Repaire, 
will be of a Publicp & Generall Good to the Inhabitants. 



C. A, 

2:717 

(NYSL) 



At a Councell held at Forte James 
in New Yorke y^ 14"* day of 
June in y" 23'^ yeare of his Ma*'"^ 
Reigne Annocp Dili. 1 67 1. 



1671 
June 14 



In answer to y*" Proposalls deliver'd in by Captaine John 
Carr, y" Governo'' & Councell doe give their Resolucons as 
followeth. — viz' 

I. As to y"" first Branch, y^ Inhabitants of y" Towne of 
New-Castle may assure themselves of all due Encouragem'; 
And what is proposed as to y^ Erecting of a Block House 
for their Coirion Defence, it's very well approved of; The 



[xLviii] Collateral and Illustrative Documents 565 

Offic*^ there being hereby Authorized to prosecute that ^; ^• 
Designe, by enjoyning y^ Inhabitants, and others concerned, (NYSL) 
to goe on and finish y® same. , 

2. The second Proposall is likewise granted that noe June 14 
Vessell shall be permitted to goe up y" River above New 
Castle to Traffick, but that y^ former Ord" made to y* 
contrary be putt in Execucon. 

3. To y^ 3"? It's Ordered that noe person in Delaware shall 
be permitted to distill Liquo'^% but such as give in their 
Names to y'' Officers at New-Castle, from whom they shall 
have Licence soe to doe, and also that such Distiller shall 
pay or cause to be paid one guilder per Can, for all Strong 
Liquo"^ that they shall distill, the w*"*" shall goe towards y" 
reparacon of y^ New Block-House or fForte, or some other 
publique Worke. 

4. 5. 6. As to what is proposed in y^ 4*'', 5*"^, and 6'^, y^ 
Governo'' & Councell have also granted what is therein 
desired. 

7. To y^ 7"^ y^ Governo'' doth allow of all such Grants as 
y^ Officers at Delaware have already past, and doth Order 
that those now p'^sented by Captaine Carr and M"' Wharton 
have Patents of Confirmacon, upon y" same Termes & Con- 
dicons as y* rest of y" Plant" in Delaware River under his 
Royall Highness Protection doe enjoy their Land, with this 
Condicon that each Planter shall be obliged to settle upon 
y^ Land for w"^ they have Patents in some convenient time 
to be appointed for y" same; and likewise that they main- 
taine a House Lott in y'^ Towne or Townes intended to be 
Erected for their mutuall defence to y" w"'' they shall be 
nearest related. 

And for y^ future It's expected before any Grant be abso- 
lutely made there by y*" Officers that y" desires of all such 
Persons who are willing to take up Land, together w"* y^ 



566 Province of New York [xLvm] 



*-• A- quantity thereof be first Transmitted to y" Governo'' here, 
(KYSL) who as hee shall see Cause will issue forth an Order to y" 
Surveyo*" there to make a Survey thereof, the w'^*' being 
June 14 certifyed, they may have Patents of Confirmacon for y" 
same. In y^ mean time y" Offic" are to give Encouragem' 
to any such Persons, who shall make applicacons unto 
them for Land who may withall be acquainted with this 
Order. 

8. To y'' 8"', It is consented unto, That those Ord"^^ made 
at y^ time of y^ Tryall of y" Long Fin at New Castle doe 
stand good, and y'' Offic*^^ there are to cause them to be putt 
in Execucon, But withall they are to returne hither a Dupli- 
cate thereof, whereby it may y" better be adjudged how long 
time they may bee practicable. 

9. — To y" nineth about cleareing y® way between New 
Castle & M*" Augustine Hermans Plantacon, if those of 
Mary Land are willing to doe their parte. The Offic''^ at New 
Castle are hereby empowered to enjoyne y^ Inhabitants at 
Delaware likewise to Cleare their proporcon. 

10. — The 10*** Proposall is found very convenient, It 
being consonant to y^ Lawes of y^ Governm', w"^** in that 
Case ought to be attended, & y^ Offic'^ there are authorized 
to see it putt in practice. 

11. As to y^ 11"^ concerning y® Mill, as also one paire of 
Millstones not used, but lyeing in y" Mud or Water, It is 
ordered that Care be taken for y^ Letting out y" said Mill for 
y^ best advantage to some person who will undertake y* 
same, & that y^ proffitt thereof be reserved for y* publicp, & 
for y^ Millstones not used, They are to be taken up & p'^served 
till further Ord'. 

12. To y^ la*** for selling Liquo'^ or Strong Drinke to y* 
Indyans, It's left to y^ discretion of the Officers there to doe 
therein as shall be thought most convenient. 



u 



Ho. 1 
LIXj 



Collateral and Illustrative Documents 



567 



13. To y'' 13"' It is left to y® care of Capt Carr & y* rest 
of y* Offic" in New-Castle to see that the Materialls in y^ 
Forte be p''served in y'^ best manner they shall thinke fitt, 
who have likewise Liberty to dispose of such of them 
towards y" Erecting of y" New fforte or Block-house as there 
shall be occasion. 

14. Lastly as to y^ tenure of y^ Land at Delaware, It is 
to be held in free & coirion Soccage as his Roy" Highness 
by his Ma"'^ Patent holds all his Territoryes in America, 
that is to say, according to y* Custome of y* Manno"^ of 
East Greenw''*', only w"" this Provisoe that they likewise 
pay y^ Quitt Rents, reserved in their severall Pattents, as an 
Acknowledgm' to his Royall Highness. 



c. A. 

2:717 

(NYSL) 

1671 
June 14 



No. XLIX. 



DELAWARE — LAND GRANT TO JAMES MILLS. 



M' James Mills appointed Surveyo'' 
of y" Land at y^ Whore kill. 



C. A. 
2:632 

(NYSL) 



Francis Louelace Esq^ &c. Whereas there are severall 
^cels of Land at y^ Whore Kill in Delaware bay as y«tt 
undisposed of, & divers other quantityes possest, y? w':'' 
haue eith' nor beene laid out at all or very irregularly done 
for want of a Skilfull Surveyor in those parts & application 
haveing beene made unto me by James Mills (who intends 
to settle there) that he may haue that Employment conferr'd 
upon him, of w^*^ I am inform'd he is very capable, I haue 



I 670/ I 
Jan. 9 



568 



Province of New York 



[xLIxJ 



C. A. 
2:632 

(NYSL) 

1670/1 
Jan. 9 



therefore thought fitt to Constitute & appoint & by theise 
p'^sents do hereby Constitute & appoint him y^ said James 
Mills to be Surveyor of yf Land at y^ Whore kill & parts 
adjacent, Giving & graunting unto him yf profitts & privi- 
ledges thereunto belonging, He behaving himselfe in his 
said Imployment conformable to y^ Custome & practise 
of Surveyo" in theise his Royall Highnesse his Territoryes 
& Dominions & y? Lawes of yf Government. Given und^ 
my hand & Seale at fFort James in New Yorke this 9"" Day 
of January in yf za'** yeare of his Ma''^^ Raigne Annoc^ 
DfTi 1670. 

[Francis Lovelace.] 



C. A. 
2:628 
(NYSL) 



An Ord' for James Mills to purchase a 
Neck of Land for a Plantation at yf 
Whore kill 



I 670/ I 
Jan. 12 



Whereas James Mills hath made request unto me that he 
may haue my Lycence to purchase a certaine point or Neck 
of Land for a Plantation lyeing to yf Southward of yf Towne 
at y* Whorekill in De la vrare bay. The wP** as he alleadges 
was Consented unto by yf Com":^ there, & ordered by them 
to be certified & recomended unto me but was omitted 
by their Clarke, I haue thought fitt to graunt his request 
if it be as is alleadged, but Expect that yf Com" do make 
certificate thereof & likewise of yf Extent & quality of y'' 
said Land whereupon he shall haue further assurance by 
Patent for y*" Same. Given under my hand & Seale at ffort 
James in New Yorke this 12*'' day of January in y*" 22- *" 
veare of his Ma''^'' Raigne Annocp Domini 1670. 

[Francis Lovelace.] 



Opposite p. 569. 



,■ 'lail h.1} <■ ' ;>1p<vc3-/A /'"■'' <■ "«' ^"^'^ >/4///>/cV^ laud hhJ Uiah my , 



4 :.i Si^^'-'^/^.^. 



5 • I / 




DRAUGHT OF MATINICOCK LANDS 

as interpreted by the Indian Sachem, 
Tackapouche, March 22, 1667/8. 

(Rediiceil frmn 12'i; by 8 inches.) 



["l ] Collateral and Illustrative Documents 569 



No. L. 

LONG ISLAND — LANDS OF THE MATINICOCK 

INDIANS, TOWN OF HEMPSTEAD, THOMAS 

TERRY, JOHN PAINE, ETC. 



An Agreement made betwene y* Inhabit*^ of Deeds 
Hempsteed, and the Matinnicock Indyans.' (Sec! State) 

'Tis Agreed the ig**" October in James fFort, 1666. 1666 

Oct. 19 

That the Inhabitants of Hempsteed, shall Enjoy and 
Possesse Mattinnicock, upon these Condicons and reser- 
vacons following. 

I?' That the Indyans shall have a Planting ffield upon the 
same, when ever they desire it. 

2?'*' That the Indyans shall receive as a Guift from the 
Governo'', in behalfe of the Inhabitants of Hempsteed, the 
Sume of [blank] in Duffles and Blanketts, upon the day and 
time that the said Indyans Proprieto" of Matinnicock, do 
Signe a ffirme and absolute Deed of Conveyance of the said 
Land, to the Inhabitants of Hempsteed. 

3^y The Indyans do Covenant, That Cap* Underbill shall 
enjoy a part of the said Land, And it is mutually declared, 
by M"^ Hicks and M"" Gildersleeve, on the Townes part, and 

' This agreement resulted from a petition and complaint of the Matinicocks, 
represented by Captain Underhill, to the court of assizes, on October i, 1666, 
against the town of Hempstead, alleging that the inhabitants of the latter 
had never paid the Indians for lands that were being encroached upon. The 
governor and court of assizes, after duly considering the case, ordered the 
appearance of representatives of both parties before the governor and council 
on October i8th, then to " give their Judgm' therein, according to Law & 
good Conscience; " meanwhile, the English occupants were not to be molested 
or disturbed. — Court of Assises, vol. 2, pp. 52, 55, 84, 91. 



570 Province of New York ["^J 



Deeds by Cap' Underbill for himselfe, that they are Agreed upon 
(Sec. State) the proportion. 



1666 



^thiy 'phat the Indyans will not disturbe any of the Plant^^ 
Oct." 19 or their Cattle, now, or hereafter, coming upon the said 
Land. In y" p''sence of mee 

Rich<i NicoUs 

Memorandum. That the Indyans p'^sent will conferre 
upon the p'^misses, with the rest of their People, and bring 
their full Conclusions there upon. 



Deeds [Oyster Bay vested in Possession of Meadow.] 

2:15s 
(Sec. State) Memorandum That on the 19'^ day of October 1666. 

Oct^io ^' J°h" Hicks, and M"^ Richard Gildersleeve, in the name 
and behalfe of the Towne of Hempsteed, did before the 
Governor disclayme any Title or Interest, to a certaine 
Parcell of Meadow Ground, adjacent to Matinnicock Lands, 
And that as the Towne of Oyster Bay, now doth, so forever 
hereafter they may quietly enjoy the said Meadowes, without 
any molestacon or disturbance, of any Person or Persons, 
Clayming a right there unto, from, by or under them. 

Entred in the Office of Records at New Yorke, the day 
and yeare above written. 

M Nicolls Secret. 

C. A. S^.^ June i66q. 

2:529 •' 

^ ^ The Governor advised y® Hempsteed men to 

bringe their proofes betweene them & 
Matinicock to theise heads ' 

1669 I?* To proue that Matinicock was really at y" disposall 

June ^^ Tackpowsha y^ Marsapeag Sachem. 

' An appeal to the court of assizes was withdrawn upon request of the 
inhabitants of Hempstead, in October, 1669. — Court of Assizes, vol. 2, p. 200. 



["l"] 



Collateral and Illustrative Documents 



571 



2'^ Wheth'' y^ said Sachem did sell convey or dispose of 
Matinicock Lands to y^ Towne of Hempsteed or if they 
themselues did submitt to any such disposal!. 

3'^ Wheth^ if y° said Sachem did or they themselues con- 
sented thereunto, for what value was it,& how it doth appeare. 

4'^ If y^ Montaukett Sachem by Conquest had power so 
to doe or if euer he did dispose of y? same to Hempsteed 
& upon what Consideration. 



C. A. 
2:529 

(NYSL) 

1669 
June 8 



Liberty Graunted to Thomas Terrye 
to purchase of y? Indians land at 
Matinicock 



C. A. 
2:566 

(NYSLi 



Whereas M'' Thomas Terry haueing formerly shewed me 
his p'^tences to a certaine parcell of Land at Matinicock & 
made proposalls of setling some familyes there y^ w'^*' may 
prove for y^ good & benefitt of y" Countrey, But it appearing 
not that y? Indian Right thereunto hath at any tyme beene 
purchased of y^ Natives, These are to certifye all whome it 
may concerne That I haue giuen & graunted & by theise 
p'^sents doe giue & graunt unto y^ said Thomas Terry on y? , 
behalfe of himselfe & his Associates my leaue & Lycence to 
purchase of y* Indian Proprieto" such part of y^ lands at 
Matinicock capable of conteyning fiue or six farmes y? w"^** 
doth not of right belonge to any Towne or Plantation setled 
by myne or my Predecesso" ord*"^ according to his proposalls 
& request The said Indians concerned in y? Sale thereof 
appearing before me or some persons appointed by me & 
making their Acknowledgm''' to be fully satisfyed & paid as 
in y® Law is required, upon w?*" he y? said Thomas Terry 
shall haue his Patent for y^ same Given und"^ my hand & 
Seale at ffort James in New Yorke this 8"" day of July in y? 

,th „__ „f u:„ A/v„ties Raigne Annocp Domini 1670. 

[Francis Lovelace.] 



1670 
Julys 



22- yeare of his Ma"' 



572 Province of New York ["lI 



Col. MSS. [Declaration of Thomas Terry about Matinicock Land.] 
22: 103 ■■ •' ■• 

(NYSL) 

1670 Know all Men by these presents That whereas the R* 

hoV'^ the Governor hath beene pleased to graunt mee on the 
behalfe of my selfe & associates, a Licence to purchase a 
certaine parcell of Land at Matinicock of the Indyan Pro- 
prietor, I do hereby freely consent & declare that if the 
businesse afores*? can bee attained to, the number of the 
associats shall bee foure more besides my selfe. That is to 
say M' Thomas Lovelace M^ Matthias Nicolls, M"" John 
Payne, & the heyres of M"^ John Alcocke to be joyned with 
myselfe Allwayes provided That each person who hath 
equall share with the rest doe beare an equall proporcon 
of all Charges, whether of Purchase or otherwise: In testi- 
mony whereof I have herevnto sett my hand this ii"^ day 
of July 1670. 

[SigneJ :] Thomas Terrey 
Recorded by mee the day & 

yeare above written, in the Office 

of Records at New Yorke. 
Matthias: Nicolls. SecrV 



On verso (second leaf) : 

To direct any letter to M' Terry to bee Left at 
M'^ Robert Carrs at Newport Roade Island. 



Endorsed: 



M' Terryes note 

to mee & M"^ Thomas 

Lovelace. 

July: II*.'' 
1670 



Opposite p. 572. 



:■ i 



-^.^^ 



/£ 



■^^S»^ 






1^ 



1 



DECLARATION BY THOMAS TERRY 
CONCERNING MATINICOCK LAND. 

(Reduced from 12''i by iV-i inches.) 



["l ] Collateral and Illustrative Documents 573 

An Order from y^ Governo'^ directed ^-A'^ 

J 2 : 660 

to M' Pine, & M-^ Smyth concern- (NYSLj 
ing y* Mitinicock Lands. 

Whereas there are diverse p'tences made to y'= Lands corn- „'^'^ 

•^ _ ■' Mar. 31 

only called y*' Matinicock Lands lyeing between Hempstead 

& Oyster-Bay, The w'^*' the Towne of Hempstead in Generall, 

as well as severall particular persons doe lay clayme unto, 

but y® Indyans who are reputed y^ true Proprieto"^^ thereof 

doe absolutely disallow of & disown y® same, And there 

being likewise some dispute or difference between them & 

their Neighbours concerning the Bounds of y" said Land & 

y^ quantity thereof; To y^ end a right & good Vnderstanding 

may be had touching y*" Premisses, These are to Authorize 

& desire you that you will give notice to the Matinicock 

Indyans that they chuse two or three of the most intelligible 

persons amongst them to be ready to come before mee to 

this place within the space of 3 weeks or one month after 

y" Date hereof, of w'^'' they shall receive further notice to 

make good their clayme to describe their exact Bounds, & 

withall to treat concerning a Settlem' of some of that Land, 

not as yett manured or planted, soe that it may tend to a 

generall Good; And for what you shall Act or doe herein 

according to this Order (of w'^'' an Acco' will be expected) 

This shall be your sufficient Warrant. Given under my 

Hand at fForte James in New Yorke this 31*'' Day of March. 

Anno. 167 1. 

[Francis Lovelace.] 

To M' James Pine & M'' 

Smyth of Hempstead. 



574 



Province of New York 



["l"] 



C.A. 
2:704 

(NYSL) 



An Ord^ to M^ Tho: Terry 
about y® Indyan Lands at 
Matinicock &c: — 



1671 
May 29 



Whereas I have appointed Comission" to View & Deter- 
mine y® Bounds of Matinicock Lands, concerning y*^ w"*" 
diverse Disputes & Controversyes have arisen, To y" end a 
right Vnderstanding may be had for y^ future between y^ 
Partyes concerned; These are to Authorize & Appoint you 
Thomas Terry to repaire to Hempstead, there to make 
Enquiry what Indyans are concerned; And that you give y*^ 
said Indians notice to give their Attendance on y^ Comission""^ 
on Tuesday y^ 5'*^ day of June next, about Eleven of y^ 
Clock in y^ Morning at Musketoe Cove at Jospeh Carpent" 
Plantacon from whence they are to pceed according to the 
Commission & Instructions they shall receive from mee; 
And for soe doeing this shall be yo'' Warrant. 

Given under my hand at fForte James in New Yorke this 



29"^ day of May. 1671. 

To Thomas Terry 
These — 



[Francis Lovelace.] 



C.A. 
2:702 

(HYSL) 



1671 
May 29 



A Commission for Capt° Nicolls 
M'' Thomas Lovelace, M'' Rob- 
ert Coe, . M'' Richard Cornell 
&c: to determine y^ Differences 
about y^ Matinicock Lands. 

Whereas several] Disputes & Controversyes have arisen 
both as to Persons Clayming an Interest in, as also to y° 
Bounds of Matinicock Lands between Hempstead & Oyster 
Bay, some p'^tending to have made purchase of y* said Lands 
of y^ Natives, & they againe affirming y^ Contrary, both in 



[\"] 



Collateral and Illustrative Documents 



575 



y^ time of my Predecesso"^ CoH Rich'' Nicolls, & also since 
my being Governo'^ here; To y'' end a final! Issue may be 
putt to those Disputes & Controversyes, & also that those 
Lands may not lye waste, but that some convenient pporcon 
thereof may be improved to y® best advantage, I have 
thought to Nominate & Appoint, & by these p'"sents doe 
hereby Nominate & Appoint Thomas Lovelace Escp, M'' 
Matthias Nicolls, M'' Robert Coe, & M' Richard Cornell 
to be Commission'"^ to examine into those Differences, to 
view y® Bounds, & to putt an End to all Disputes (if possible) 
touching y" said Lands coirionly called Matinicock Lands, 
as also to Treat w'^ y" Indyan Proprieto"^^ for their Right 
(if not already sold) in that proporccn of Land heretofore 
made over by y* Towne of Hempstead to Thomas Terry & 
his Associates; Allwayes provided it be noe part of what is 
already disposed of by y" approbacon of my Predecessor or 
my selfe to any other Person or Persons; Of all w*^*" They are 
to render mee an Exact Acco' And for what They or any 
three of them shall lawfully doe in prosecution hereof, This 
my Commission shall be to them & every of them a sufficient 
Warrant. 

Given under my Hand & Sealed w'** the Seale of y^ 
Province this ag**" day of May in y^ 23"' yeare of his Ma"" 
Reigne Annocp Dili. 1671. 

.[Francis Lovelace.] 



C. A. 

2: 702 

(NYSL) 

1671 
May 29 



A Warr' to y^ Constable of Hempstead 
on Behalfe of M*^ Thorn: Terry 
as followeth. 



C. A. 

2:707 

(NYSL) 



These are to require y^ Constable and Overseers of Hemp- 1671 
stead to be ayding and assisting to y" Bearer hereof M'' •'""^ ^ 
Thomas Terry in procureing some ffitt Messenger that 



576 



Province of New York 



["i?] 



C. A. 

2:707 

(NYSL) 

167 1 
June 3 



understands y' Indyan Tongue to give Notice to y^ Indyans 
concerned, that they give their Attendance upon y"^ Coffiis- 
sion" at y'' time & place appointed. Given under my Hand 
at fForte James in New Yorke this 3"* day of June, Anno 
1671. 

[Francis Lovelace.] 



C. A. 
2:728 
(HYSL) 



1671 
June 21 



An Ord*^ to Summon y^ Indyans of 
Matinicock before y^ Governo'', 
, y' y" difference about those 

Lands may be determined &c: 

Whereas there was an Ord"^ issued forth beareing Date 
y*" 31"" day of March last, wherein y" Matinicock Indyans 
were appointed to chuse two or three persons of y'^ most 
inteIHgible amongst them to be ready w'^in three weeks or 
a months time to come to this place before mee to make good 
their Clayme to their Lands, & to describe their exact 
Bounds, as also to treat concerning a Settlem' of some of 
that Land, not as yet manured or planted, of w'''' they were 
to receive further notice; But y": said Indyans or some of 
them not waiting that time, of their own accord came hither, 
and went away againe, without speaking about, or doeing 
any thing in their Business; And whereas I did since that 
appoint Comission''^ to goe upon y*^ place & endeavo'' an 
Agreem*, but by reason of y" differences between y*^ said 
Indyans & Hempstead Men, nothing was effected therein; 
These are therefore to Order and appoint that some of the 
Matinicock Indyans on y''- behalfe of the rest have notice 
to give their attendance here before mee on Munday next 
being the twenty sixth day of this instant Month to give 
mee an Acco' of what was before expected, soe that I may 



Tl'] 



Collateral and Illustrative Documents 



577 



endeavo"' an accomodacon in this matter, of w'^'' y^ s*^ Indyans C- A. 

are not to faile as they will answer y° contrary at their per- (nVsl) 
rill. Given under my Hand this zi**" day of June 1671. 

Fr: Lovelace June 21 

To y^ Constable or one of y'' Overseers of Hempst? 



Liberty given to M"" Paine & M'' Terry G- e. 
to purchase y* Matinicock Lands of (HYSL) 
y* Indyans, held soe long in dispute. 



Whereas an Ord' issued forth to summon y^ Sachem and 
Pretenders to Matinicock Lands to appeare before mee in 
this place y^ first day of this instant Month, w"*" accordingly 
they did, but nothing was done in relation to what was 
intended, w*^^ was to treat & come to some Conclusion about 
y*" said Lands, y^ said Indyans desireing a longer time of 
Consideracon when they would give in their Resolves, y" 
vf"^ they have altogether neglected to doe; These Presents 
therefore Certify & declare that I doe hereby give free Leave 
& Lycence unto M*^ John Payne & M*" Thomas Terry & 
their Associates in his Royall Highness his Name to Treat, 
Agree upon & Conclude w'*' y° Indyans for their Right and 
Interest in any part of Matinicock Lands not already pur- 
chased or disposed of, to y" end that y" said Land may be 
manured & improved for y" public^ Good, y*" said Indyans 
reserving out of it only a piece of Land convenient for them 
to plant upon themselves; And in regard of y"" great Trouble 
and Expence as well as Losse of time y" said M"^ Terry hath 
been at upon this Occasion, hee haveing likewise taken M' 
John Payne in Partnership with him, The said Indyans are 
[37] 



167 1 
July II 



578 



Province of New York 



m 



G. E. 
4:1 

(NYSL) 

1671 
July II 



Strictly charged & prohibited that they doe not sell or dis- 
pose of any of y^ said Lands to any other person or persons, 
but only to y^ said M*^ John Paine & M*^ Thomas Terry & 
their Associates, or their Ord"^ for y*" use aforesaid, who upon 
any Agreem' or Conclusion made, have forthw"' Liberty to 
possess and plant thereupon; And for whatsoever They or 
either of them shall lawfully Act or doe in prosecucon hereof, 
This shall be their sufficient Warrant. Given under my 
Hand and Seale at IForte James in New Yorke y* ii"" day 
of July in y* 23** yeare of his Majestyes Reigne, Annocp 
Dili 1671. 

Fra: Lovelace. 



G. E. 

4:4 
(NYSL) 



1671 
July 13 



The Governo'^ & Councells Proposall in y^ dif- 
ference between Capt° Seaman & M'' Gilder- 
sleeve on y^ one pt, & Tho : Terry on y^ other. 

At a Councell held at Forte James in N: Yorke 
y' 13th day of July. Anno Dili 167 1. 

Whereas Capt° John Seaman, & M' Rich'' Gildersleeve 
were employd by y* Towne of Hempstead both to make out 
their Title to y*^ Land cofnonly called Matinicock Land, & 
also to break off their former Contract & Agreem' w"' M"^ 
Thomas Terry concerning their Grant to him of settlement 
there, or else make some New Agreem' w"' him; These 
Presents doe wittness and declare that I doe Recommend 
it to both partyes to make a faire & friendly Composure 
touching y'' Premisses between themselves (if possible) And 
for what concernes y*^ Indians Titles or theirs to Matinicock 
it may some other time be decided, when both Partyes doe 
make their Appearance. 



['l ] Collateral and Illustrative Documents 579 

[Agreement between Hempstead and Thomas Terry, etc.] Col. MSS. 

(NYSL) 

The honT*^ Governor & Councill haveing recomended the 
Difference that hath happened between Hempsteed July 14 
In whose behalf Cap' John Simmons & Richard Gilder- 
sleive did appear this 31^' of July 1671 on the one part and 
Thomas Terry and John Paine in behalf of themselves & 
associates on the other part relateing to a Tract of Land 
lying between Hempsteed plaines & the Sea towards the 
Northeast in readiness to save his Hon'' & Councill any 
further trouble in an amicable complyance wee doe agree 
with his hoii" good likeing as followeth 

That said Terry, Paine & Associates shall be fully & abso- 
lutely possesst of a reall right & property in & unto y* one 
half of y^ land between the Edg of Hempsteed plaine South- 
westward or thereabouts & the utmost Extent of the tract 
of Land to y^ sea North Eastward or thereabouts according 
to y^ true & full extent of y* lands in all respects equally & 
indifferently to be divided to each part their Moeity that said 
Paine Terry & Associates shall be accepted of as Townsmen 
w**" an equall priviledg in all respects. That whereas Car- 
pentar are settled on one part of this land by the Towns 
permission the said Terry & Paine & associates are to allow 
of the quantity of 150 Acres to be taken out of their Moiety 
in refference thereto and not more that what is there other- 
wise granted allotted or settled on in that Tract of Land 
by other persons is to be deducted out of Hempsteed Moiety 
or part and those who have allready Emproved to y^ quantity 
seven shall Enjoy their Lotts and Improvements Hempsteed 
allowing Paine Terry, & Assotiates the like quantity of lands 
out of their moiety or parte That Hempsteed people on y^ 
one part Paine Terry & Assotiates on y" other part shall bear 
an equall Charge in the purchase of what is to be yet pur- 



58o 



Province of New York 



m 



1671 

July 14 



Col. MSS. chased if any & in the laying out & Legall setlement of the 
(NYSL) same & this to be a finall agreement & Determination about 
this Land whereof are said to be Matinecutt Lands The 
within written agreement being acknowledged before me 
by the parties concerned I doe very well approve thereof 
July the 14"" 167 1. 

Fran Lovelace 
Enter'd in the office of 
Records at Newyork y® 
day & year above 
written 

Math: Nichols Secrr 



[Not endorsed.] 



A True Copy of y* originall p me 
Tho: Hickes 
Copy. 



G. E. 
4:44 

(irifSL) 



An Ord"^ for a Hearing at y^ Assizes about 
y^ Matinicock-Lands & Hempstead.' 



1671 
Sept. 25 



Whereas there long hath been and still is a Contest or Dif- 
ference depending between y" Inhabitants of Hempstead, & 
some Indyans of Matinicock, about certaine Lands lyeing 
there, y* w*^** is claymed by those of Hempstead as their 
Purchase, but is also contradicted by y* Indyan Proprieto" 
of Matinicock, who deny that either They or their Ancesto"'* 

1 In compliance with this order, Captain John Seaman and Richard Gilder- 
sleeve appeared for Hempstead, and Robert Williams for the Matinicocks; 
the attorneys were Sharpe and Waters. The case was heard by the court 
on October 6, 167 1. Hempstead set up a claim of purchase " from y* Indyan 
Sachem Tackpoushe, who was entrusted by y* Indyans of Matinicock to 
sell their Land," and that " the same was confirmed by the great Sachem 
of Montaukett." They also insisted on a promise made to them by Governor 



["M Collateral and Illustrative Documents 581 



or any for them have ever sold or received Satisfaction for **• ^• 

4 : 44 

y" same; The w"^*^ hath occasioned great Trouble, & proves (NYSL) 
a hindrance to the Planting & Improvement of those parts, 
•w""^ othervpise had been ere this setled for y" Good and Sept. 25 
Benefitt of these his R: H^ his Territoryes; These are in 
his Ma"^^ Name to require that some person or persons be 
appointed by y^ Justice of the peace, Constable, & Over- 
seers of y*^ Tov^^ne of Hempstead, and 2 of y* discreetest of y*^ 
Indyans of Matinicock, or some one or more Christians 
Chosen by them to plead their Cause that they make their 
Appearance at y* next Gefi" Court of Assizes to be held in 
this City beginning on y" first Wednesday in October next, 
being y" 4*'' day of y* said Month to make out their Title 
to y^ said Land, that upon due Examination had, and Proofe 
made thereupon; It may be knowne to whom it really & of 
right doth belong, and Judgment be given accordingly, con- 
sonant to Lawr and good Conscience. Given under my 
Hand at fForte James in New Yorke this 25"" day of Sep- 
temb'' in y^ 23"" yeare of his Ma''^^ Reigne, Annocp DiTi 
1671. 

fFra: Lovelace 
To y* Justice of y'= peace, Constable, & 

Overseers of Hempstead. — 

And to those of Matinicock who p'^tend 

to be Proprieto'''' of y^ said Land. — 

NicoUs that " noe other Persons, but those of their Towne should have Leave 
to buy the Land at Matinicock." For the Indians it was contended " that 
Matinicock Land was never sold to Hempstead Men by their Consents, 
and that Tackpoushe disowns it." Governor Lovelace proposed to buy the 
land for Hempstead, but the Indians were only willing to sell direct to the 
governor and wanted a month's time for consideration of the price. Hemp- 
stead asked Lovelace to end the controversy, and the Indians, " consenting 
to sell their Interest," again asked one month's time " to bring in their 
Demand for the same to y<= Governo'', reserving a Planting fKeld to them- 
selves." — Court 0/ Assizes, vol. 2, pp. 259, 260, 277, 280. 



582 



Province of New York 



m 



G. E. 

4:159 

(NYSL) 



An Ord^ in answ^ to y" Inhabitants Peticon 
of Matinicock about their Commonage. 



1672 
July 4 



Whereas upon y^ Peticon ofy* Inhabitants of Matinicock 
about their Commonage, an Order went forth from my selfe 
& Councell, That before y^ Purchase should bee made of y* 
Indyans Right to that Land, according as it was agreed on 
at y'^ Last Court of Assizes; Those of Hempstead & M' 
Terry & Company, together w'*' y* Petn" should bee dis- 
courst w'*^ about y" p'^misses, soe that Nothing should bee 
done to their prejudice; To y*^ End an Issue may bee putt 
to that Affayre, These are to Advertize y*^ Inhabitants of 
Matinicock, That some Persons from this Place will bee at 
Hempstead upon Munday next being y^ 8"' day of this 
instant Month, where it is expected they should send one 
or two Persons on y*' behalfe of their Plantacon, when those 
of Hempstead, M"" Terry & Company, w'*' some from 
Matinicock being mett together, they may come to a right 
Vnderstanding about y" said Land, & make Reporte thereof 
unto mee, that y^ Matter at length may come to a finall 
Determinacon. Given under my Hand at Forte James in 
New Yorke. this 4"" day of July 1672: 

[Francis Lovelace.] 



G. E. 
4:176 

(NYSL) 



An Ord*^ about y^ Lymitts of 
Hempstead & Oyster-Bay. 



1672 
Aug. 2 



Whereas y^ Bounds & Lymitts between y^ Townes of Hemp- 
stead & Oyster-Bay, as also between Hempstead & y" In- 
habitants of Muskeeto Cove have not hitherto been soe layd 
out & ascertayned, but diverse Disputes & Contests have 
already, & more are like to arise upon that Occasion, And 



Tl-] 



Collateral and Illustrative Documents 



583 



there being likewise a Difference what y^ Extent is of y^ 
Land coiiionly called Matinicock Land about the settling 
whereof there hath an Agreem' been made by my Appro- 
bacon between y^ Inhabitants of Hempstead, & M"^ Thomas 
Terry & Company; These are to empower & authorize some 
Persons of y^ Neighbourhood as shall bee thought most 
capable to bee chosen by y® Officf^ of y" Towne of Hemp- 
stead & M"^ Terry to runn the Line & lay out y^ just Bounds 
between the said Townes of Hempstead & Oyster-Bay, & 
also between them & Muskeeto Cove, together w"^ y^ Land 
called Matinicock Land, & likewise to make a Division of y* 
said Land called Matinicock Land, & Land adjacent accord- 
ing to their Agreem'; of all w''*' they are to give due & timely 
Notice to y^ Inhabitants of Oyster-Bay, Musketo Cove, & 
all others concerned that y^ said Lymitts & Bounds being 
duely & justly sett forth & layd out between them, y^ same 
may bee soe Recorded, & an End bee putt to all future 
Contests thereupon. And for whatsoever y^ s'^ Persons 
chosen as afores"? shall lawfully Act or doe in prosecution 
hereof, this shall bee to them a sufficient Warrant. Given 
&c: this 2'^ day of Aug: 1672. 

[Francis Lovelace.] 
To M^ Robt Jackson 

Constable of Hempstead. 



G. E. 
4:176 

(NYSL) 

1672 
Aug. 2 



An Ord': about M^ Terry G- E. 

4:254 
& the Matinicock Lands. (NYSL) 



Whereas y® Busyness of Matinicock Lands hath long 
depended wherein the Inhabit''^ of yo^ Towne, & M"' Thomas 
Terry are concernd, w''*' being at length agreed upon for 
the Division though not hitherto done; Vpon Address made 
unto mee anew by M"' Terry, I doe recoiriend it unto yo" 



1672/3 
Feb. I 



584 



Province of New York 



m 



G. E. 

4:254 

(NYSL) 

1672/3 
Feb. I 



that upon his Coming to yo" with this Paper, you doe accord- 
ing to y^ former Agreem' forthwith appoint some Persons 
in behalfe of yo*^ Towne to lay out the Bounds, & Division 
of the said Land, that Improvem' may bee made thereupon 
according to the true Intent & Meaning of the first Grant. 
Given &c: this T?' of ffeb^". 1672. 

[Francis Lovelace.] 
To y^ Constable & Overseers 
of Hempstead. 



G. E. 

4:259 

(WYSL) 



An Ord*^ on behalfe of M*^ Terry about 
the Matinicock Land. &c: 



1672/3 
Feb. 17 



Whereas I lately issued forth an Ord"' that according to 
Agreem' between the Inhabitants of the Towne of Hemp- 
stead & M^ Thomas Terry & Company, the Land called 
Matinicock should bee layd out & divided, the w"^** hath 
mett w'*' some Obstruction by reason of the p'tences of the 
Inhabitants of Musketoe Cove, who its said have made 
Purchase from the Indyans of the Timber of a considerable 
parcell of Land towards Hempstead or the Playnes, I have 
thought fitt to Ordr that if there bee sufficient quantity of 
Land behinde the said Plantation of Musketoe Cove towards 
the North, the said Inhabitants shall in lieu of their p'tences 
to the Timber of the Land on the South bee supplyed w"* 
an equall or better proportion both of Timber & Land to 
the North behinde them; The w'^'' I doe hereby recommend 
both to the Inhabitants of Hempstead, M"^ Terry, & Company, 
& those of Musketoe Cove, that there may bee an amicable 
Composure of this Difference between them. Given under 
my Hand &c: this 17''' of ffebruary 1672. 

[Francis Lovelace.] 



TlT] 



Collateral and Illustrative Documents 



585 



No. LI. 

NEW YORK CITY — LUTHERAN CHURCH AND 
REV. JACOBUS FABRICIUS. 



Commission for Alderman Lawrence, Capt" Love- 
lace, and M"" Pell to compose y" Difference 
betwixt y^ Lutherans of this City. 

These are to Authorize & Appoint you M"" John Laurence 
one of y*^ Aldermen of this City, Capt" Dudley Lovelace, 
and M*" John Pell as Commission"^^ to Examine & Enquire 
into y*^ p''sent difference between y^ Persons of the Augustane 
or Lutheran Profession in this City within the protection of 
these his Royall Highness his Territoryes; & that you 
Endeavour a peaceable Composure amongst them, and give 
mee an Acco' thereof, for y^ doeing whereof this shall be 
your sufficient Warrant. Given under my Hand at fForte 
James in New Yorke this 5"" day of June. 1671. 

Fran: Lovelace 



G. E. 

4:1s 

(HYSL) 



1671 
June 5 



An Ord"" about y^ Lutheran C- A. 

2 : 729 

Memb" of this City. (nysc) 

At a Councell held at Forte James in 
New Yorke y^ 29"' day of June 1671. 
Present 
y' Mayo'' & Aldermen 
of the City. 

The difference between y'' Lutheran Magist' Jacobus t^J\ 
Fabricius &c: & those of that Church that peticoned against 



586 



Province of New York 



[IT] 



^- ^- him being taken into mature and deliberate Consideracon; 
2 : 729 ^ o 

(NYSL) It is orderd that all those persons of that profession who 



1671 



have consented or subscribed to y*" payment for the Church- 
June 29 House, that they pay their proporcons according to Agreem', 
and likewise that they pay or cause to be paid unto y"^ said 
Magister their Pasto'' their proporcons of his Salary, untill 
y^ time of their late publique Disagreem', upon w''^ y*^ 
Governo"^ gave Commission to M'^ Lawrence and others to 
examine into the same. 



G. E. 

4: 17 

(NYSL) 



1671 
June 29 



Another Ord'' about y" Lutherans in 
Answ'' to a Peticon they p'^ferrd 
against their Minister. 

Whereas Complaint hath been made unto mee by diverse 
of y*" Lutheran or Augustane Congregacon against Magister 
Jacobus Fabricius their Pastor wherein they Charge him 
w"" severall Matt*^' unbefitting one of his Profession, And 
haveing this day Advised w'*" my Councell hereupon, & 
called to my Assistance some of y'' Court of Aldermen, w"^ 
other grave & sober Persons for y*" heareing of y" same; 
but not findeing y^ one party ready to make good their 
Charge, nor y'^ other well provided to make his Defence; 
I doe hereby Order and Appoint that y" farther heareing 
of y^ Matter be deferrd untill Thursday next being y'' 6'*' 
day of July by two of the Clock in y" Afternoone at y® 
fforte; At w'^'' time they are againe to make their Appearance; 
And y" Complainants are to leave a Coppy of their Charge 
against y'^ Magister at his House before Munday Night next, 
that hee may be prepared to make Answer to what is objected 
against him. Given under my Hand at fforte James in 
New Yorke this 29''' day of June 1671. 

F: Lovelace. 



[u] Collateral and Illustrative Documents 587 

An Ord"" made on y^ Behalfe of Chris- ^- ^■ 

. . . 4:16 

tiaen Pieters, concerning his being (NYSL) 

bound to M*^ Asser' for parte of a 

House that was bought for y^ use of 

y" Lutherans Congregacon. 

Whereas Complaint hath been made unto mee by Chris- 1671 
' •' _ June 29 

tiaen Peters that at y® Instance & Request of diverse of his 
fFriends of y"^ Lutheran Congregacon hee became bound to 
Asset Levy for a certaine Sume of Money due for a House w'''' 
v?as bought for y'^ use & Benefitt of y"^ Congregacon in Gen": 
y« •w'^'' happening at p'"sent to be at some variance, diverse 
of them doe refuse to pay their proporcons, to y*^ w*^"^ they 
did formerly subscribe & give their Consents, soe that hee 
y^ said Christiaen Peters is like to be sued for y'^ whole Suiiie 
w'^'' may prove very much to his Damage; And there being 
likewise an Agreem' made for y" paym' of a Salary to y" 
Lutheran Pastor, w'^'^ is neglected to be paid by many of y* 
Congregacon, in regard of y*" Difference between them. 
These are therefore to Order & appoint that Collection be 
forthw*'' made of y® Money agreed to be paid for the House, 
according to y^ severall proporcons sett downe in y^ List 
made by their mutuall Consent, soe that Christiaen Peters 
be saved harmless from his Engagem'; and y^ persons who 
are behinde hand & in Arreare in paying of their proporcons 
of y^ Salary due to y^ Magister, are likewise to satisfy y^ 
same untill y^ time of their public^ Disagreem* & Division 
in their Congregacon, & y^ Pasto''"' declareing his Resolucon 
to leave them. Given und'' my Hand at fforte James in 
New Yorke this aQ"" day of June. 1671. 

fFran: Louelace. 
' Asser Levy. 



588 



Province of New York 



[ir] 



C. A. 

2:737 
(NYSL) 



1671 
July 6 



An Ord'' about y^ Lutherans in 
Answ"^ to a Peticon presented 
by some of that Congregacon 
dissenting from y" rest &c: — 

Whereas a difference hath lately arisen between some of 
y* Lutheran Confession in this City, & Jacobus Fabricius 
their Pasto""; whereupon Hendrick Williamsen, Bay Croes- 
velt, Johannes Freeze on y^ behalfe of themselves & others 
have p''ferr'd a Peticon unto mee, desireing that they may 
have nothing more to doe w'^ their said Pasto'', nor that hee 
may more molest them; As also that some person may be 
appointed to super-vize their Acco*! & receive y* money they 
have subscribed to for their Church, w"^ some other particulars 
in y" said Peticon sett forth; These are to Authorize & Appoint 
M'' John Laurence one of the Aldermen of this City and a 
Cofnission'' appointed to endeavour a Composure in this Affayre 
to supervize y'' Acco*^ of y^ Petn'^% & to receive y*^ moneys w'^'' 
already are or shall be Collected from y^ persons who have sub- 
scribed to pay the same towards y* Church, as also to make an 
Entry according to their desire of all such Vtensills as doe belong 
to y® Church, of all w'^'' hee is to render mee an Acco' & for 
soe doeing this shall be his Warr*. Given under my Hand 
at Forte James in New Yorke this sixth day of July. 1671. 

Fran: Louelace. 



G. E. 

4:20 

(NYSL) 



1671 
Aug. II 



An Answer to y" last Peticon of y^ Lutheran 
Minist% M'' Jacobus Fabricius, wherein hee 
requested liberty to give his Congregacon a 
Valedictory Sermon, and to Install the new 
Come-Minist% according to y^ Custome used 
by those of their Religion. 

The Contents of this Peticon being very reasonable, & (as 
I am informed) according to y" Custome of y'^ Augustane 



TlT] 



Collateral and Illustrative Documents 



589 



G. E. 

4: 20 



Confession, I doe very well approve thereof, & Grant the 
Peticon*^ Request. Given under my Hand at fforte James (NYSL) 
in New Yorke this ii"" day of August. 167 1. ^, 

[Francis Lovelace.] 



Aug. II 



Liberty granted by y^ Governor to Martin 
Hoofman a Memb^ of y* Augustane Confes- 
sion to goe to Delaware, to collect money 
towards y* Erecting them a Church. 

Whereas y^ Minist"^ & Offic" of y" Church of the Augustane 
Confession or Lutheran Congregacon in this City under y" 
protection of his Royall H"* y^ Duke of Yorke have requested 
my Lycence to build & Erect a House for their Church to 
meet in, towards the w""*^ They doe Suppose all or most of 
their Profession will in some Measure Contribute, and there 
being diverse of them in the South River at Delaware, to 
w''*' place a Sloope being now bound a Conveniency p'"sents, 
soe that they have pitcht upon Martin Hoofman to Negotiate 
there for them; These are to require all Persons That they 
permitt & suffer y" said Martin Hoofman to Passe out of 
this Porte in the Sloope belonging to Cap' Martin Creiger 
bound for New Castle in Delaware, and y^ Offic" there are 
likewise required noe way to hinder or molest y* said Martin 
Hoofman in his Endeavo*" of Collecting y" Benevolence of 
such of y*" Lutheran Profession in those parts, towards their 
Intents as afores"? Provided It doe noe way hinder, or tend 
to make Division or Disturbance amongst y" People, nor 
shall Occasion y" Breach of the Peace, the which all his 
Ma"*^ good Subjects are obliged to keepe. Hereof They are 



G. E. 

4:88 
(NYSL) 



1671/2 
Jan. 16 



590 



Province of New York 



Efi] 



G. E. 

4:88 
(NYSL) 

Jan. 16 



not to fayle. Given under my Hand at fforte James in 
New Yorke the 16"' day of January 1671. 

[Francis Lovelace.] 
To all whom this 
may Concerne. 



No. LII. 



NO MANS LAND (ISLE OF MAN) — GRANT. 



C. A. 

2:558 
(NYSL) 



A Graunt unto John Williams for a 
New Patent for y^ Isle of Man ats 
Nomans land. 



1670 
June 28 



Whereas John Williams one of y": Patentees for y® Island 
called No mans Land ats y^ Isle of Man, hath made his 
Adresse unto me to haue y^ said Patent renewed, The 
tyme graunted in the former Patent by my Predecesso' for 
its settlement being Elapsed, And y? said John Williams 
having rendred some reasons unto me for y^ same so that it 
doth not appeare to haue beene through his neglect but hath 
rath"^ beene by y^ default of his Partners Upon newe Pro- 
posalls made unto me by y' said John Williams to settle a 
fishing trade there, For his Encouragem' therein, I doe hereby 
promise unto him y? said John Williams & such Associates 
as he shall take. That upon surrend'^ of y^ old Patent & his 
Engagement forthw''' to prosecute y? said Designe, he shall 



[liu] 



Collateral and Illustrative Documents 



591 



haue a new Pattent graunted unto him for y^ said Island C. ^• 

upon y^ same termes as formerly or such oth^ reasonable (NYSL) 
ones as shall be agreed upon, Given und^ my hand & ^^ 

scale at ffort James in New Yorke this zS'*" day of June J"^^ ^^ 
1670. 

[Francis Lovelace.] 



No. LIII. 

COUNCIL BUSINESS, JULY 8, 1671— OMITTED 
FROM THE MINUTES. 



The Answ' to M*^ Booths Peticon. 

Att a Councell held at fForte James in New 
Yorke the 8"" day of July. 1671. 



G. E. 

4: 17 

(NYSL) 



The Governo'' & Councell haveing perused & seriously 
taken into Consideracon y* Petiticon of M"^ John Booth of 
Southold, wherein hee complaines of y^ hard measure hee 
hath lately sustained by a Distress made upon his Goods for 
an Arreare w*^^ hee was Assessed to pay y^ Minister, the w* 
hee had neglected or refused to doe, for that y'' Minister had 
Denyed to Administ'' y" Sacram' of Baptisme to his Children 
though tendred unto him for that purpose; They doe give 
for Answer that there being an Indulgence or Dispensacon 
granted in y" Booke of Lawes, as to that very particular, 
to the Minist"^' then in being, of y^ East Rideing for their 
Lives, The said Minist'"" cannot be compelled thereunto. 



1671 
Julys 



592 



Province of New York 



Lui] 



G. E. 
4:17 

(NYSL) 

1671 
Julys 



However It is Ordered that a Letter be written to y^ Minister 
of that Place, & Comunicated to y® Inhabitants that more 
Charity and Moderacon be used towards his Neighbo"'^ for 
y* future. 

By Ord": of y^ Governou' 
and Councell. 



G.E, 

4: iS 

(HYSL) 



The like Answ' to y® Peticon of Robert Dayton of East- 
Hampton. 

At a Councell held -f same day (viz* y^ S'l* 
of July 1671.) at fforte James in NewYorke. 



1671 
Julys 



The Governo"^ & Councell haveing pused & seriously 
taken into Consideracon y*" Peticon of Robert Dayton of 
East Hampton wherein hee complaines of y^ hard measure 
hee hath susteyned by being brought to y^ Court of Sessions 
in March last, & putt to unnecessary Charge there, about 
paym' of what hee was Assessed to y" Minister, w"*" y* 
Offic''' might have taken at home by Distress at a farr more 
easy Rate, neither had that Trouble been needfuU had not 
y"' Minister denyed to Administer y^ Sacram' of Baptisme to 
his Children, though tendred unto him for that Purpose, 
They doe give for Answer that there being an Indulgence or 
Dispensacon granted in y^ Book of Lawes as to that very 
particular, to y^ Minist"^^ then in being of y^ East Rideing, y" 
said Minist'^'' cannot be compelled thereunto. However it 
is Ordered that a Lre be written to y^ Minister of that 
place, & comunicated to y* Inhabit'^ that more Charity 
and Moderacon be used towards his Neighbours for y® 
future. 



[liv] Collateral and Illustrative Documents 593 



No. LIV. 

DELAWARE — MATINICONCK ISLAND, INDIAN 
DEPREDATIONS. 



i/fe from his Hon"' to y* Governo'' of New Jersey ^- ^• 
upon y" Tydeings of y^ Murther committed upon (NYSL) 
2 Christians at Matiniconck Island by y" Indyans. 
S^ 

When I parted last w'^ you I left all y^ Well-wishes w^'you 1671 
to accompany yo'' Intended Journey to Delaware; since w"^*" ^^^' ^^ 
an Express is sent mee from those parts w*'' y® Narraconof a 
horrid Murther coinitted by y" Indyans on two Christians at 
Matinicok Island, w"^ of Necessity will give an Interruption 
to yo'' Intended Journey. The Indyans that have Committed 
that horrid ffact are two in Number, & confessedly knowne by 
them; Thier Habitacon is at Suscunck 4 miles to y^ Eastward 
of y^ Island, and soe appertaines to your Jurisdiction. I 
would not in this Exigence Conclude on any Determinacon 
in point of Satisfaction and Revenge till I had acquainted 
you w'*" it, from whom (I question not) I may Expect such a 
Resolved Vndertakeing by you, as may Answer y^ Guilt of 
that Christian Blood already spilt, and y* Hono"" of y"' English 
Nation now at Stake; I shall not enlarge my selfe further in 
this Letter, referring all Circumstances to y^ relation of this 
Bearer; and withall to assure you that I should be gladd to 
conferr with you to putt Things into some posture as may 
answer y^ End 

My Service (I pray) to Capt° Carterett, whose I am as 

Yo^ affecT ffriend 

, „, Fran: Lovelace. 

[38] 



594 



Province of New York 



Ev] 



G.E. 

4:35 

(NYSL) 

1671 
Sept. 20 



fForte James Wednesday about 

4 of y"^ Clock. Afternoone. 

Septem: 20*''. 167 1. 
I reef y*" Express (w'^"' I here send you) 

but newly. 



G.E. 

4:4s 

(NYSL) 



1671 
Sept. 25 



Some Resolves about y* late Murther of 2 
Christians at Matiniconck by y" Indyans. 

At a Councell held at fforte James in N: Yorke 
by y" Governo'^ of these his Royall Highness 
his Territoryes, & y'' Governo"' of New Jersey 
y* 25th day of September 1671. 

Vpon Consideracon had of y* Barbarous Murder comitted 
by some Indyans on y"" East side of Delaware River upon 
2 Christians at Matiniconck Island, It is mutually Resolved 
and Concluded on as follows. — 

That Thomas Lewis now Bound w"" his Sloope for New 
Castle in Delaware River be stayed from his Intended 
Voyage for y^ space of 3 or 4 dayes, when M"^ Peter Alricks, 
& M"^ Henry Courturier will be ready to goe with him. 

That in y'^ meane time some Generall Instructions bee 
drawn up for them to take along w"' them, in Order to 
the Managem' of AfFayres there in this p''sent juncture of 
time. 

The Governo"" of New Jersey, & Capt" James Carterett 
(then also p''sent) being desired that they would give Order 
for a Gen^' Assembly to be called in that Governm' (accord- 
ing to their Constitucon upon all emergent Occasions) 
soe to have an Acco' of their Strength, and to know their 
readyness if Occasion shall require, and how farr they will 
be willing to contribute towards y*" prosecucon of a Warr 



m 



Collateral and Illustrative Documents 



595 



against y^ Indyans; They very readily gave their Consent 
thereunto, & promise to doe it with all Expedicon. 

That a Gen" and frequent Correspondence be kept 
betw^een y'^ 2 Governm'^ upon all Occasions, more par- 
ticularly at this p'^sent time, & that nothing be done in this 
Busyness about y'^ prosecucon of y"^ Indyans w"'out a mutuall 
Advice & Consent of both y"" Governo''''; unless upon some 
extraordinary Opportunity w"^ may p'sent, where some 
advantage against the Enemy may suddenly be taken before 
Notice can be given. 

That in y^ Meane time Henry y"^ Loaper who brought M*^ 
Toms Letter from Delaware about y'' Murther, be forthwith 
dispatcht back thither againe, w'*" an Answer thereunto. 



G. E. 

4:4s 
(NYSL) 

1671 
Sept. 25 



Lre from y*" Governo"^ to M'' Tom at 
Delaware. Septem: 26"". 1671. 
M' Tom. 

I received yo"" Lett"" of y^ 15"" of Septemb^ 1671 by 
Hendrick Loaper, wherein you give mee an Acco' of the 
Barbarous Murder of y" two Christians on Matinicock 
Island by y*' Neighbour Indyans; I must confess I was 
much startled at y^ Narrative, and y*" rather in regard Capt" 
Carr had given mee lately soe full an Assurance, that all 
Things between you and y"' Indyans were soe firmely 
settled, that there was hardly any Roome left for any Dis- 
trust or Jealousy of them, betwixt you and them; much 
less that soe suddenly after they should break out into these 
unheard of Crueltyes & villanous Murth''% w'^'^ as their 
Crimes have noe Paralell, soe I am assured y^ Vengeance of 
God will never forsake us, till wee avenge y" Blood of y" 
Innocent on y^ Contrivers heads; Had my Directions been 
bravely & vigorously followed by you in the last sad Accident, 



G. E. 

4:40 

(NYSL) 



1671 
Sept. 26 



596 Province of New York [Tiv] 

^; ^- I doubt not but it would have p''vented this; & I pray God 
(WYSL) this Sin be not laid now to your Charge. I shall by this 
jg Conveyance Transmitt but little to yo" in regard I know not 

Sept. 26 how and when it may arrive you, but I reserve my more 
ample Instructions, w"*" I will send by Peter Alrick, who 
To-morrow will Imbarque in Tom the Irishman; However 
if this arrives you first I would have you to pretermitt 
noe time, but to bethinke how a Warr may be prosecuted 
on those Villaines; And in regard it will require some 
time, till all Things be brought in Order to y^ best 
Advatage of Compassing our Designe, I think it requisite 
that all y'' ffrontier Scattering Plantacons be ordered 
immediately to thrash out or remove all their Come, 
as likewise their Cattle, that soe they may receive y^^ less 
Damage by the Effects of y*' Warr w"""^ will ensue; Next that 
none (on paine of Death) p'sume to sell any Powder, Shott, 
or Strong-waters to y*" Indyans, and that in y® meane time 
you carry (if practicable) a seeming Complacency with that 
Nation by either Treaty or Traffick, that soe they may have 
y" less mistrust of our Intended Designes; but if it can be 
soe contrived that that Nation will either Deliver up y^ 
Murtherers to you, or their Heads, you have then Liberty 
to assure that Nation of noe Disturbance till I am acquainted 
therew*^^; The Governo"^ of New Jersey & Capt James 
Carterett are acquainted w"" all o"' Resolucons, who this 
Day repaires from hence to his Government to settle all 
Things in Order to y" bringing those Villaines to condigne 
Punishm', hee is very hearty & zealous in that Affaire; 
& I am assured wee may depend on a handsome & con- 
siderable Supply & Assistance from him; I charge you lett 
mee heare from you on all immergent Occasions, & bethinke 
yo^ selfes of y'' prosecuting of a Warr, & therefore make y® 
best preparacons in Order to it; If a good Worke were 



LYv] 



Collateral and Illustrative Documents 



597 



throwne about Matinicock House, & that strengthened w*'' 
a considerable Guard, It would be an admirable {Frontier; 
& from thence wee might proceed to an Execucon when all 
Things are in readyness thereunto. I am sorry to heare 
Capt" Carr is soe ill as you relate him; I hope hee may 
in some reasonable time recover strength enough to follow 
this Affaire; w'^'^ if at this time I had not soe many differ- 
ent & considerable Affaires to Dispatch, you should not 
have receiv'd a Letter from mee, but my own person. 

I have nothing more at the p'^sent to Add, but to assure 
you that I am 

Yo'' very affectionate ffriend 

ffran: Louelace 



G. E. 
4:40 

(NYSL) 

1671 
Sept. 26 



[Lovelace to Carr.] 

fforte James New Yorke 
Septemb'' y* zS'!" 167 1. 
Capt" Carr. 

M"^ Tom has rendred yo'' sick Condicon soe to mee that 
I was disheartned to direct my Lre to you w*^** I last sent, 
for feare it should not have found you in this World; How- 
ever haveing promis'd to write to you by Tom y*^ Irishman, 
I shall now Cancell that Obligacon; By y* Express I return'd 
I gave a full & satisfactory Answ"^ to that Lett'' M"' Tom 
sent mee, concerning y" barbarous Murd'' of those two poore 
Christians, & though I promisd to send you by this fuller 
Instructions, yet I did not apprehend I should be soe copious 
in that Lre as at last it proov'd & therefore haveing advis'd 
^th ye Duplicate, (w"'*' I send you here inclosed) I finde little 
Addicons to be affixt; And therefore till I receive fresher 
Informacons from you, you may guide yo'' selfe by those 
Rules I then p''scribed. But in regard it will be impossible 
for mee & the Councell at this Distance to direct you punc- 



G.E. 
4:50 

(NYSL) 



1671 
Sept. 28 



598 



Province of New York 



[S-v] 



^- ^- tually in this Affaire how you shall steer yo"^ Course, wee 

(RYSL) must therefore reserve that to yo*^ prudent Managery, In 

w''"' I would have you allwayes to take deliberate Advice 

Sept. 28 from y'^ Commissaryes before you putt in practice any of yo'' 

Intended Designes, & be sure on all Occasions to Advertize 

mee of yo' motions. 

Lett not y^ People flatter themselves w"' any hopes of an 
Accomodacon in patching up a present peace, for the per- 
fidious Dealing of y^ former Sachems, has now sufficiently 
awakened o*" English Hono"^ (w"** I hope will never be sul- 
lyed) to bring them to a full Satisfaction for that Christian 
Blood soe lately spilt. 

The Governo'' of New Jersey is stept into y^ worke, & in 
order thereunto has now call'd an Assembly, y^ good Effects 
whereof by y" next you shall more largely understand, In y* 
meane time omitt noe opportunity; & if you can finde such 
an Advantage on y* Enemy as (in all humane probability) 
you may promise your Selves a good Success, in Gods name 
prosecute it, & God bless you. 

Wee have had an Indyan or two from those parts, who 
declare that that Nation is in great Apprehension of us, & 
looke on themselves as lost. They have tamper'd w"' some 
other Nations to Assist them, but have been totally refused. 
My Service to all o'' ffriends, & faile not to lett mee heare 
from you. 

Yo'^ affec^"" Friend. Fr: Louelace 



G.E. [Lovelace to Captain Philip Carteret.] 

(NYSL) 

To Capt" Philip Carterett. 
Hon^ S^ 
1671 I received an Acco' of yo"" Proceedings at yo' Gen" Court 

of Assembly, concerning the putting yo' selves into a posture 



[^iv] Collateral and Illustrative Documents 599 



to avenge y^ Murther coiTiitted by some Indyans on two ^•^• 
Christians at Matinicock, w*"'' I heartily thank you for; (NYSL) 



1671 



It being in Ord' to that Geii" Agreem' made betwixt us, 
that nothing should be Acted in that Affaire, w'^'out a Oct.' 20 
mutuall Consent. Since I had y" ffavo*^ of yo'' Company I 
have (besides that Letter you saw) had y*" opportunity of 
sending two more, to witt. One by Peter Alrijck, y" other by 
Williams who was resolved to passe that way w"" some 
Horses; All importing what Resolucons wee had mutually 
taken to stop y" Insolencyes of y^ Indyans; How y^ affaires 
stand there at p'^sent I am ignorant of, till I receive an Express 
from thence (w'^'^ I hourely expect) & I will assure you it 
shall noe sooner arrive my Hand till I transmitt it to yours, 
& if it shall soe happen (by any Interruption) y'^ my Messeng"' 
is intercepted, I am resolved to make a Journey over thither 
my selfe. To w"^^ I shall now have a greater Zeale, since Capt. 
Carterett has pmised mee to beare mee Company; In y^ 
meane time I am glad to understand y^ Complacency of yo'' 
Assembly to bee sutable to yo"^ proposicons, & that when y* 
publique Interest is concern'd, they will step soe frankly 
to y^ supportacon of it. I have noe more but to assure yo? 
that I am w"' great kindeness 

Yo^ affec^'" ffriend & Serv' 

Fran: Louelace. 
Forte James Octob- 
20**". 1 67 1. 



[Tom to Lovelace.] Col. MSS. 

•■ ■■ 20 : 24 

(NYSL) 

25"" of October 167 1 
Right Hono'''^ 

by this conveyance I shall informe yo"^ bono'' that M' q^j^L 
Aldricks and my selfe going vp the river w"' a pfect intention 



6oo Province of New York [In] 



Col. MSS. ^th y^r iiono''^ order this winter to make a warr and there 
20: 24 / 

(NYSL) advising w"' the Sweedes about itt there miserable moane 

for the losse of their beasts for want of Hay and the con 
1671 , . . -^ . 

Oct. 25 sideracon that the winter being so neare att hand that itt 
was impossible for ice to build a strenght [sic] att Mattina- 
cunck and to lay in provisions there w''*' must bee for when 
men march they must not come hither every six or seaven 
dayes for victualls therefore before wee begin a warr pro- 
vision must be layd in all convenient places itt may be yo'' 
bono*" att first sight may looke vpon the warr as frivolous but 
way itt further and yo'"hono'^will find that all the Kings inter- 
est in this partofthe world depends vpon itt (for this river lying 
in the middle and the worst to be wonne from the Indians by 
reason of the broken lands and Crewples w*^'' are a shelter 
for them ag' any Christian force w*''outhelpe of other Indians) 
if deserted Mary land has noe strenght [sic] to follow them 
here for want of provisions and distance of place and so 
cutt of by degrees and Virginia much lesse for the same reason 
the Indians as is dayly found not caring bee itt middle winter 
to march 4 or 5 hundred mile for 2 or 3 heads of Haire much 
more when they can have that with plunder how New Jarsey 
stands yo' hono*^ best knowes then if yo"^ hono*^ concludes 
w'*' vs this river must vpon necessity be maintayned were 
itt for noe other reason as a magazine for the rest of his 
Ma'"^^ territoryes hereabouts and refreshing w"'' cannot 
otherwise be done as w'^ men money and ammunition 
for at p'"sent a little money in regard to the Kings purse 
w'^'^ ought always to be open vpon such affaires may be 
may stop this issue of bloud w''*' is likely to ensue when 
afterwards thousands will not doe itt here is rumo'' coirie 
by the Indians that the Assawack Indians they who were 
the murtherers of John the Capers sonnes w"" the rest have 
since killed an Englishman and that S"' William is in psuite 



[5v] Collateral and Illustrative Documents 6oi 



of the murtherer tis but Indyan newes therefore beleive as *-°'- '^^^• 

^ 20 : 24 

yo" please I have hereby this oppertunity sent yo'' hono"^ (NYSL) 
Collonell Scarboroughs his letter w'''' was mislayd another 
report wee have from Maryland by Patrick Carr one of o*^ Oct. 25 
soldiers an honest fellow and noe statesman and not likely 
to rayse such reports if not true that M"" Charles Calvert 
Leivetenat of Mary land has sent vp order to M"' Augus- 
teene' and the rest in the head of the bay that they 
stand vpon there guard and Hkewise that so soone as 
the new Governo'^ comes he shall send him notice and he 
will give him a meeting therefore wee conclude that if 
yo"^ hono"^ have noe advice for the exchange he has itt there 
being two ships arrived att Pattuxunt if thought convenient 
that w"' the next sloope 25 soldiers were sent itt would 
much depresse the Indyan courage and assist vs but 
betimes in the spring a greater supply of men and if pos- 
sible Northerne Indyans when o" are coming from there 
hunting quart"^ 

I thinke I need not write further M"^ Aldricks and M' 
Helme coiriing w"' this onely presse yo'' hono"^ to weigh 
this seryously and send vs full supplyes yo"" hono' must 
pick out my meaning for my finger is so soare I can 
hardly lay itt to the paper further I have sent to Cap* 
Howell to know the certainty of these reports w"^*" yo" 
may expect to heare by Thomas Lewes but desire that 
noe provision may be exported out of this river vntill yo' 
hono"^ has fully discussed this business noe more att p''sent 
but I am 

Right Hono^'^ yo' hono'^ 
most Humble serv' 
Witt Tom 

• Augustine Herrman. 



6o2 Province of New York [uv] 



Col. MSS. Addressed: 

(NYSL) for the Right Hono"' 

Collonell ffrancis Lovelace 
1671 ^ 

Oct. 25 Es(^ Comander in Cheife 

of all the forces belonging 

vnto his Royall Highnesse 

\SeaI\ the Duke of yorke and 

Governo'' of New yorke 

these p'^sent 

F 

Endorsed: M'' Toms Letter 
to the Governo' 
Delaware — Oct' 25 
1671 
about the 
Murder. 



Col. MSS. [Commissaries and Magistrates at Delaware to Lovelace.] 

(NYSL) 

Right Hon''"= 
rQ^.^71 "I the Indyans not bringing in the murtherers according to 
their promise I went vp w"" M' Aldricks to Peter Cocks 
and there called the Raedt together to informe yo' bono' 
what wee thinke most for o' preservacon and defence of 
the river 

first wee thinke that att this time of the yeare itt is to late 
to begin a warr ag' the Indyans the hay for o' beasts not 
being to be brought to any place of safety and so for want of 
Hay wee must see them starve before o' faces the next yeare 
wee can cutt itt more convenient 

^diy qt corne not being thrashed or ground wee must starve 



Opposite p. 603. 




C/3 

W 

h 
< 
Pi 
h 

l-H 

o 
< 



w 
Pi 
< 

< 

w 
Q 



Q 
< 

< 

CO 
CO 

Oh 

o 

CO 

W 

u 

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C5 



- I 



[liv] Collateral and Illustrative Documents 603 

for want of provision w'^'' this winter wee can grind and *^°'- MSS. 

20:39 
lay vp in places of safety (NYSL) 

3'"'' that there must vpon necessity a warr in the spring p g -, 
and by that time wee shall make so much as wee can pre- [oct. 25?] 
para con but wayte from yo' bono"" assistance of men ammuni- 
tion and salt 

^thiy ^gg intend to make Townes att Passayvncke Tinna- 
combe Vpland and Verdrieties Hoocke whereto the out 
plantacons must retire 

^thiy ^gg thinke that yo"^ bono""** advice for a frontire about 
Mattinacunck Island is very good and likewise another att 
Wicaquake for the defence whereof yo"^ hono"^ must send men 

Is there any thing else vnwritten wee have sent M"' Ald- 
ricks and M- Helme to advice yo'' bono"' what is best 
to be done but intend to stop Thomas Lewes vntill yo'' 
hono"^^ order for wee thinke itt not convenient any come 
or provision be sent out of the river vntill this bruit be 
over for wee know not the next yeare whether wee shall 
have any corne or noe wee have not more att p'^sent but 
to informe yo'' bono' that Cap' Carr is not recovered but 
remayne 

Right Hono^'^ yo'' hono""" 
most humble serv'^ 
that if possible there be Hired Will Tom 

fifty or sixty North Indyans 

who will doe more then 200 the mke of X peter Rambo 

men in such a warr the mke of X peter Cock 

H: Block 
Henrich Janssen 
Ed: Cantwell 
M: Roseman 
Dit is bet merck 
van Ole torse 



6o4 



Province of New York 



[5°v] 



Col. MSS. 
20:39 

(NYSL) 



r 1671 1 
Loct. 2s?J 



Endorsed: 

The Result & Reasons 
of the Comissaries & 
Magistrates at Dela= 
-ware about Prosecucon 
of the warre against 
the Murderers 
1673-* 



G. E. 

4:63 

(NYSL) 



1671 
Nov. 9 



Commission given to y^ Offic'^^ at Delaware to 
try & putt to Death y^ Indyan Murtherers 
if to be taken or apprehended. 

Whereas there hath lately been comitted a Barbarous 
& horrid Murd"^ upon y^ persons of two Christians at Matini- 
conck Island in Delaware River by two Indyans well known 
in those parts, for y*^ w'^*' They have deserved Death; & 
since severall wayes & meanes have been and still are 
Ordered to be Endeavoured for y^ app'^hending & taking y^ 
said Murderers alive (if possible) y^ w''*' may suddenly 
happen, & it being not thought safe to keep them in Prison 
soe long till Notice thereof bee given hither, but rather 
that speedy Justice & Execucon bee done upon them; I 
have therefore by and w'*" y" Advice of my Councell thought 
fitt to Authorize & Appoint, & by these p''sents doe Authorize 
& Appoint, & by these p''sents doe Authorize & Appoint 
y* present Offic''^ & Magistrates in New-Castle & Delaware 
River, or any foure of them to bee a Speciall Court of Oyer 
& Termini to call y* said Malefacto''^ before them, & if by 
Proofe or Confession they shall bee found guilty. That they 
receive y"^ Sentence of Death, forthw'^'^ to bee putt in Execu- 

'This date is an error, as the document evidently was an enclosure in the 
letter from Tom to Lovelace of October 25, 1671. 



Nov. 9/10 



[liv] Collateral and Illustrative Documents 605 



con; And for what They or any foure of them shall lawfully G. E. 
Act or Doe in prosecution of this my Commission, This (NYSL) 
shall bee to them or any of them a sufficient Warrant and 
Discharge. Given under my Hand, & Sealed w*^** y^ Seale Nov. 9 
of y*" Province at IForte James in New Yorke this ninth day 
of Novemb^ in y" 23'^ yeare if this Ma'^"'' Reigne, Annocp 
Dili 167 1. 

[Francis Lovelace.] 



Lre from y® Governo'" to Cap* Carr at G. E. 
Delaware, Dated Novemb^ g"' 167 1. (NYSL) 
Cap' Carr. 

The backwardness of y® Inhabitants in Delaware has putt 1671 
a stop to y*^ forwardness of those in New Jersey who were 
ready w"" a handsome Party to have stept in y" Worke to 
bring y^ Murderers to condigne punishm'. And truely I 
was much ashamed to see such an Infant Plantacon to out- 
strip us, who should have been rather an Example to others 
then to follow them; especially haveing y^ Countenance of a 
Garryson to Boote, & You y" principall Officer; What Acco? 
I shall give to his Royall Highness of this remissness I know 
not other, but to lay y^ blame where it justly is due; ffiDr, 
you to receive y^ Dukes pay constantly, & y" appearance of 
Souldyers, and to lett y^ Forte runn soe miserably to Decay, 
& not employing them in y^ reparacons when They did noe 
Duty is but just a perfect Rent Charge toy* Duke; ffiDr it 
is not reasonable that his R: H"" should be at that Charge, 
only to allow you a Sallary & Souldyers, and noe ffruits 
appeare of their Labour and Industry; Tis otherwise soe at 
Albany, w''*' Garryson in noe respect exceeds yo'^% and yett 
Salisbury w'*" his Men have made shift to refortify that place 
very secure; Besides y* Inhabitants not soe much as digested 



6o6 Province of New York [SV] 



•»• f • into any Military fForme, nor halfe of them Armed, though 

(NYSL) you have had annually Monito'^ of y* Murthers committed 

on yo' Inhabitants; Beleeve mee, This remissness will one 

Nov. 9/10 day be calld upon; & how you will Answer it, you best know, 

though I feare. 

What hath now been concluded on will be brought to you 
by Peter Aldrick, to w^** I expect a punctuall Complyance at 
yo'' perrill. I intend early in y" Spring to be w"* you, by 
w''*' time I hope you will contrive it soe, that y'' Murderers 
may be brought in dead or alive, and likewise y^ former 
Murtherers of the Woman & Children at y^ Parde Hooke; 
Something must be done considerably to wipe off that 
Stayne of yo"^ Remissness, or I can not now determine what 
penaltyes may ensue; I have both formerly & now Trans- 
mitted all y'' Insolency of y* Indyans to his R: H% whose 
Answ"^ I expect, till when I say noe more on that Subject. 
I am 

Yo' Loveing Friend 

Fr: Louelace. 
Forte James y" 
lo"" Novemb'' 
1671. 
My Love to all o'' ffriends. 



Col. MSS. [Carr to Lovelace.] 

20:25 Qr 
(NYSL) ■=> 

J67, I receaved your Hon" letter by Petter Aldricks wherin 

Nov. 27 jQ^j. Hon' seemes to lay all the blame vpon me, for my 
remisnese in not getting the murtheres, both for the woman 
at Pertt hooke and allsoe for the murther now last Comitted, 
S' as for the first when it was done I was comeing for new 
yorke, but hearing of that sad accident returned back. 



[liv] Collateral and Illustrative Documents 607 



makeing your Hon"' acquainded of the murther, after which ^°'- j^^^- 

I receaved your Hon'' order for to gett the murtherers to be (NYSL) 

brought to Condigne punishment, your order I did follow, 

for I went vp the River to the Magastrats, who sent for the Nov. 27 

Sachams, who execusd themsealfs that his men had not done 

it another saied the like, I knew not the villans nor theyr 

names that Comitted the fact, soe that from the time I 

receaved your Hon" order I was Continualy aboue the River 

demaunding the murtherers with as much vigor as I could; 

I was not alone but the rest of the magastrats was there, 

soe that my Conscience shall wittnes that there was noe 

remisnes of my part, and I beseech god that all my sins be 

remitted soe Cleare as that, as for the last murthers Comitted 

I was at the same time desperat sicke, and hath Continued 

to this day that I haue not been without my doores; but I 

hope now Doctor Jardin is with me he will vsse his best 

skill to take away my violent fever, soe that I hope your 

Hon'' will excuse, what god doth inflict vpon me by sicknes, 

soe there could be noe remisnes of my part, in getting the 

last murtherers, being I was not able to sture abrood If 

any one can proue that I haue been backeward in not followe- 

ing your Hon"''' orders from time to time ore hath not done to 

the vtmost of my endeavouer to gett the murtherers, then 

lay a penalty vpon me, but not without Cause, allsoe lett 

me Answer for my sealf as for the backwardnes of the 

Inhabitants of this River in raiseing forces as well as new 

Jarsy your Hon"^ must excuse me though the Cheife Com- 

aunder, for I was not able to goe abrood, and truUy new 

Jarsy had a great deale of reson being the murtherers liued 

within theyr Juradiction, when your Hon'' gaue me my 

first Instructions I was allowed twenty souldiers out of that 

number was discharged by Cott NicoUs and some by your 

Hon'', fower died soe that we was reduced to ten, I had a 



6o8 Province of New York [5v] 



Col. MSS. strict orders from Cott Nicolls not to raise a man without 
20 : 25 
(NYSL) your Hon" Consent which I observed, vntill your Hon'' gaue 

me order for raiseing of men when the woman and Children 
1671 ° »^ 

Kov. 27 was murthered, and when I came last from thence, your 

Hon"' gaue me order to dismise them, which I did soe that 

your Hon"^ will find by my account with M"" Bedloo that there 

is but ten old souldiers, and how it is posible for me with 

ten men to repaier such a decayed fortt whilst I was there 

it Cost me mony for the repaier of the houses, though your 

Hon'' knowes you could not ly dry in your bed when you 

lay there, had I a gaurd house, and souldiers sufficient to 

mount gaurds I should be as ready as any officer belongs to 

your Hon"", soe that if I receave pay soe long as I haue Com- 

ision and being not reduced, we was sent over by his Royall 

Highnes for souldiers, and if I be able, and in health, I 

shall goe as farr to doe my Prince service, to any place 

where your Hon'''^ order shall Comaund me, S'' Peter Alriclcs 

M"^ Tom and the rest of the Swead magastrats spook with 

the Sachams, who promised by friday last to bring theyr 

heads but since heere is noe newes from aboue, but assoone 

as it come we will send your Hon*^ the newes, I haue noe 

more but that I ame Your Hon*^ obedient servant 

John Carr 

New Castle 27'^ 

Novemeber 1671 

Addressed: Endorsed: 

Thesse Capt. Carre to y? 

ffi)r Generall ffrancis Governor Newcastle 

Louelace Novemb. 27. 1671. 

New Yorke 
[Seal\ 



Opposite p. 608. 






















toy 






SECOND PAGE OF CAPTAIN CARRS 
LETTER TO GOVERNOR LOVELACE 

November 27, 1671. 

(Reduced from 13 by 8 inches.) 



[uvl Collateral and Illustrative Documents 609 

Coppy of y' Lre from M' Tom of *»• ^• 
Dellaware to his Hono' y* Governo' (HYSL) 

R* Hon".' 

About II dayes since that M"" Alrijck came from New Recorded 
Yorke, y* Indyans desired to speake w**' us once more con- Dec. 15 
cerning y^ Murtherers; Whereupon They sent for mee to 
Peter Rambers, where comeing They faithfully promis'd 
w^'in y^ time of six dayes to bring in y^ Murderers dead or 
alive; Whereupon They sent out two Indyans to y* stoutest 
to bring him in, not doubting easily to take y® other, hee 
being an Indyan of little Courage; but y^ least Indyan 
getting Knowledge of y' Designe of y* Sachems, rann to 
Advise his fFellow, & advised him to runn, or else They 
should be both killed; who answered him hee was not ready, 
but in y^ Morning would goe w'^ him to y^ Maques, and 
advised him to goe to y* next House for feare of suspicion, 
w''*' hee did; and y* two Indyans comeing to his House at 
Night, the one being his great fFriend, Hee asked him if 
hee would kill him, who answered, Noe; But y' Sachems 
have Ordered you to dye; Whereupon hee demanded what 
his Brothers said, who answered They say y® like; Then hee 
holding his Hands before his Eyes said — Kill mee: Where- 
upon this Indyan that comes w**" Cockee shott him with 
two BuUetts in y' Breast, and gave him two or three Cutts 
with a Bill on y® Head, & brought him downe to Wickakoe, 
from whence wee shall carry him To-Morrow to New- 
Castle, there to hang him in Chaynes; fFor w*^** wee gave to 
y* Sachems five Match-Coats, w^'' M'' Aldrick paid them; 
when y* other Indian heard y* Shott, in y" night naked as 
wee [sic] was, hee rann into y* Woods; But this Sachem 
promised to bring y* other alive; ffor w'^'' wee have promised 
them three Match-Coats. The Indyans brought a great 
[39] 



6io Province of New York [uvl 



O. E. many of their young Men w"* them, & there before us They 

(HYSL) openly told them, That now They saw a Beginning; & all 

_ that did y" like should be served in y' same Manner; They 

1671 promised before them and us. That if any other Murd' 

"* were comitted by y* Indyans upon y* Christians, That They 

would bring y* Murderers to us; How to believe this wee 

know not, but y" Sachems seem to desire noe Warr. Wee 

have promised them That yo'' Hono' will be over in the 

Spring; & y' when yo' Hono^ comes, yo*^ Hono' will bring 

over Thirty or fourty Horse, w"^*" They need not feare, for 

that yo"' Hono'' will not trouble them if they hold y^ Peace, 

but Enter into a Treaty with them; The Stoppage of y* 

Letter caused That yo' Hono- had not Tideings by 

Thomas Lewis. I shall not now give yo' Hono' any 

further Trouble at p'sent, untill farther Occurrences, but 

remaine 

Right Hon^!' 

Yo' Hono'* most humble 
Serv' 

W" Tom. 



Wee have promised y* Indyans that come over w*** these 
Lres each a Match Coate, & a Cleat-Cloth, w"** wee desire 
yo' Hono' to pay there; The reason that wee promised is. 
That Cocke was unwilling to goe over in this juncture of 
time; not knowing how y* young Men of y" Indyans stood 
affected; Hee alwayes liveing by y' Christians; Therefore wee 
sent one of y' greatest Sachems Sonns, (by name Colecocum) 
to secure him and y' Lett'*. 

Entred y* 15"" Decemb- 
1671. 



[STv] Collateral and Illustrative Documents 6i i 



Coppy of y' Governo" Lett' sent to M' Tom ®;^- 
of Delaware, in answ'' to his Last. (HYSL) 

M' Tom. 

The Wellcome Newes of y* Success of y" Indyan AfFayre 1671 
in yo' parts came safely to my Hands by Cokee, by whom 
I returne this, & withall not only my approbacon in what 
you w"' y* Coinissaryes have Acted, but likewise my Thanks 
to you all for pushing of it to that Issue, w'^'' if not vigorously 
performed would have render'd y* Remedy more hazardous, 
if not desperate. I very well like yo"" Resolucon of hanging 
up y° Villaines Body in Chaynes, And I doubt not but the 
Novelty of it may produce good Effects, to restrayne the 
Exorbitancyes of any Indyans from the like Attempts. 
Tis more than probable that if the Blow were now a little 
followed (whilst y* Savages labour under great ffeares) That 
the Murtherers that committed that horrid Act at Parde- 
Hooke might taste y® same Fate w"" him you have designed 
for to hang in Chaynes; & therefore if y° Villaines can be 
heard off, make y^ like Challenge of them to y* Sagamores 
you did for the last, but this must bee whilest y^ ffame of -f 
last Action continues fresh, otherwise I feare it may prove 
fruitless. If y® other Villaine be delivered to you alive, lett 
him suffer in y* most Exemplary way that may bee. Leaving 
y' manner & place to yo' selfe: And pray lett mee heare 
from you. In y* Spring I purpose to see you, but shall 
finde a way to advertize you timely before hand. In y' 
meane time, God preserve you all in Peace and Happynesse, 
w*^*" is y" hearty Desire of 

Yo' affec^"= ffriend 

Fran: Louelace 
fforte James, y* 22** 

of December 1671. 
My Service to Cap^ Carr 

& all o' ffriends. 



6l2 



Province of New York 



[IV] 



No. LV. 

NEW YORK CITY — AFFAIRS OF THE SHIP 
"EXPECTATION" 



G.E, 
4:93 

(mrsL) 
1671/2 

Jan. 18 



An OrdT to M*" Van Ruyven, requireing 
him to give M'' Melijen his Dispatch. 

Whereas the Ship the Expectacon whereof Isaack Melijen 
is Part Owner and Commander, hath been questioned in 
this Porte to be an unfree Shipp, but by a Speciall Court of 
Oyer and Terminer was Cleared and adjudged to bee a 
ffree Shipp, which Judgm' of Court I have allowed & ap- 
proved of. These are to Advertize you that you may give 
the said Ship her Dispatch; M' Melijen giveing Security 
to returne back with her to this Porte. Given under my 
Hand at Forte James in New Yorke this 18"" day of January 
1671. 

Fran: Lovelace. 
To M' Cornelijs Van Ruijven 

Collecto' of the Customes. 



G. E. 

4:93 

(HYSL) 



1671/a 
Jan. 19 



[Registration of Isaac Melyn's Bond.] 

Jan^y y« 19'^ 1 67 1. 

Mem"?" this day M'' Isaack Melijen Command^ of y' good 
Ship the Expectation bound for Nevis Enter'd into an Obli- 
gation (with Jacob Kip his Security) of 500" to the Governo' 
to returne hither againe within one yeare & six Weeks after 
the Date hereof. 



Ilv] Collateral and Illustrative Documents 613 



[Sailing Pass for the Ship "Expectation."] J-.g 

(NYSL) 



JanTy y 24?'' 1 67 1. 



1671/2 
24 



Pass granted to y* Shipp Expectacon (Isaack Melijen j^' 
Commander) to sayle hence for Nevis in y* West Indyes, & 
to returne againe &c: 



[Declaration concerning the Ship " Expectation."] Deeds 

(Sec. State) 
Novem: iS^"" 1672 

Recorded for Mr Melijen & Company of the Ship 
Expectation. — 

This day appeared before mee John Rider Publique 1672 
Notary in this City of New Yorke, Thomas Williams Com- °^' ^ 
mandr of the Ship Expectation & Charles Bollen his Mate, ^^^^'^^^^ 
in the behalfe of themselves & Ships Company to make a Nov. 18 
Solemn Protest as foUoweth; (to say They sett Sayle the 2"* 
day of this instant, from this Road to Staten Island, & on y^ 4"* 
finding noe Insufficiency in the said Ship did weigh, & sayle 
out to Sea fully intending to proceed on their Intended 
Voyage for Barbados, & about Eight of the Clock that night 
doe declare, that they sounded the Pump, & found about 
five or six Inches Water, Then they sayled from Eight till 
Twelve that night, Topsailes abroad, Then handing y^ 
Topsailes w''*' by stress of Winde, Weather, & Grown Seas 
they could noe longer beare; However they neglected not 
their Charge or Care, but sounded the Pump againe, & 
found litde or noe increase of Water, by w'''' they cannot 
complayne of the said Ships Insufficiency; soe they ran under 
a paire of Courses untill Eight next Morning, Then without 
sounding sett the Pump to worke till it suckt; betwixt Eleven 



6i4 Province of New York E^] 



Deeds ^ Twelve they sounding to see if there were Occasion to 
(Sec. State;> Pump, they found foure foot Water in the Hould, upon w'^'' 
, they handed the ffore-Saile, laying their Ship upon the Lar- 
Nov. 9 board side, then pump't her againe untill shee suckt, & 
Recorded sayled soe for halfe an houre, & made noe Water in the 
HoT^iS Hould; then they finding Occasion to tack, & bring her 
againe on the Starr board side shee presently took in Water 
as aforesaid, upon w"^*" at the request of all the Merchants, 
& full Consent of y^ whole Company, who adjudged the 
Stress of Winde & Weather was the only Cause, they bore 
up the Helme for this Porte, for p''servacon of their Lives; 
Therefore I the abovesaid Notary doe hereby in behalfe 
of the Owners, Command-, Mate, & their Company solemnly 
protest against the Winde & Seas as the only Occasion of 
what Damage may arise, & against all Damage or Damages 
that by this danger of the Seas (w"^*" is allwayes excepted) 
any Merchant or fFreighter shall pretend to or sue for, either 
for the insufficiency of the said Ship, or Disability of Men 
for not proceeding on the Voyage aforesaid, the w'''' the 
Commander, Mate & Company will depose to bee the Truth, 
when thereunto required. To w*^*^ publick Instrum* of Pro- 
test I have hereunto sett my Hand & Seale this 9"" day of 
Novemb^ in y* 24"" yeare of his Ma"*^ Reigne, Anno(p 
Domini 1672. 
(Seale) Jo Rider 



Not. pub: 



This Protest was acknowledged 
by y* Comander & Mate to bee just 
before mee y^ day above-written, & 
entred in the Office of Records 
at fforte James in New Yorke. 
Matthias Nicolls Seer. 



[E^] Collateral and Illustrative Documents 615 



The Governo" Approbacon, that y* Difference ®- ^- 
depending between Isaack Melijen & y* (KYSL) 
fFreight^^ bee decided by Arbitrate" jg^^ 



Dec. 16 



Whereas there hath been a Difference depending between 
the Mast*^ & ffreighters of the Ship Expectation now riding in 
this Harbour, the w'^'' although referred to several! judicious 
persons to endeavour a Composure, & also a Tryall had 
thereupon at y" Mayo" Court of this City, could not bee 
hitherto issued or attaind unto, & since the persons con- 
cerned on both parts having againe made their Applicacons 
unto mee that foure persons on each side might bee nominated 
and appointed as Arbitrato" to hear & determine y* Matter 
in Controversy, whose Award they have promised to enter 
into Bond that they will stand unto; I doe hereby give Appro- 
bacon of the Proposall made, & the Gentlemen whose names 
are here under written (the denomination of them having 
been given in & consented unto by the persons concerned) 
are hereby desired to meet about the same this Afternoone, 
or at their first convenience, that soe a Determinacon may 
bee had & made to this Affayre without farther delay. Given 
&c: this 16"* day of Decemb- 1672. 

[Francis Lovelace.] 

The Names of y* Arbitrate" 
M' Jn? Laurence — Mayo' M"' Cornelis Steenwijck 
Cap* Thomas De-Lavall M' Matthias Nicolls 

Cap' Jn? Berry M"' ffranc: Rombout 

Cap' W" Condey M' Guijlaine Verplanck 



6i6 



Province of New York 



U'^1 



No. LVI. 

DELAWARE — THE SLOOP "ROYAL OAK,' 

THOMAS LEWIS, MASTER, PERMITTED TO 

TRADE ON THE DELAWARE RIVER. 



G. E. 

4:49 
(HYSL 



1671 
Sept. 29 



Pass for Thomas Lewis his Sloope to 
Delaware. Septemb' y= 29"*. 1671. 

Permitt and Suffer y' Sloop y* Royall-Oake whereof 
Thomas Lewis is Master, to Pass out of this Porte with her 
Goods, Loading, and Company to New Castle in Delaware 
Bay, and (at this particular juncture of time) from thence 
to goe up y* River to Trade and Traffick as y* said Master's 
Occasions shall require, notwithstanding any Generall 
Order or Prohibicon heretofore made to y^ Contrary. Given 
under my Hand at fforte James in New Yorke this 29''' 
day of September 1671. 

Fran: Louelace 
To all whom this 

may concerne. 



G.E. 
4:64 

(NYSL) 



1671 
Nov. 9 



Thomas Lewis being stopt (w'*' his Sloope) at Delaware 
is hereby freed, & hath Liberty to returne &c: 

Whereas Thomas Lewis had my Pass-porte to sayle w"* 
his Sloope to New Castle in Delaware, w**' Lycence from 
thence to goe up y* River to Trade & Traffick as his Occa- 
sions should require (at this particular Juncture of time) 
notwithstanding any Gefi'" Ord^ or Prohibicon heretofore 
made to y' contrary; And y' said Thomas Lewis being now 
in y' said River with his Sloope, where hee is stopt by Ord' 



Collateral and Illustrative Documents 



617 



from y* Offic!"^ there; These are to Ord'', That y* Stopp be 
taken off y' said Sloope, y^ said Thomas Lewis for this 
p'^sent Voyage haveing Liberty to returne back to this Porte 
with his Sloope, & Loading, whither of Come, Provision, 
or Merchandize without any farther Lett, hindrance, or 
Molestacon. Given &c: this 9"" of November 1671. 

fFran: Louelace 
To y* Offic" at Delaware 

or whom else this may concerne. 



G. E. 
4:64 

(mfSL) 
1671 

Hov. 9 



No. LVIL 
NEW YORK CITY — DUTCH REFORMED CHURCH. 



An Ord'' about y* Dutch Church in 
this City of New Yorke. 

Whereas y^ Offic" of y'^ Reformed Dutch Church in this 
City have Requested mee that y^ p''sent Elders & Deacons, 
& those that from time to time shall succeed them in their 
Places may be Empowered to make a Rate or Taxe amongst 
y* Inhabitants, and those that shall frequent y* Church in 
y^ best and most convenient manner they can devise for y* 
Maintenance of their Minister or Minist", y" Clarke, or 
other Offic" of y* Church, &y^ poore, As also for y^ reparacon 
of y^ Church as Occasion shall require; I have thought fitt 
to Grant their Request, and y^ p''sent Elders and Deacons 
have hereby full Power & Authority to make such a Rate 
or Tax, and to Levy the same (after my Approbacon had 
thereupon) & thereof to Dispose to y'' uses aforemen coned: 
And for what They shall lawfully Act or doe in prosecucon 



G.E. 

4:47 
(NYSL) 



1671 
Sept. 26 



6i8 



Province of New York 



iLVlilJ 



G. E. of y* p'misses, This shall bee to them a sufficient Warrant 

(HYSL) & Discharge. Given under my Hand at Forte James in 

New Yorke this 26"" day of September in y" 23*'' yeare of 



Sept. 26 his Ma"" Reigne, Annocp Dm 1671. 



fFran: Louelace 



No. LVIII. 

GRAVESEND — NEGLECTFUL IN ERECTING 
TOWN FENCES. 



C. A. 

2:504 
^YSL) 



1670 
Apr. 13 



An Ord' to y* Constable & Overseers 
of Gravesend concerning making good 
of y' Fences there. 

Whereas I haue receiued a Complaint from y^ Justice of 
peace in yo^ Towne That y* Corne feilds there are full of 
Cattle horses & hoggs for want of Lawfull fencing so that 
it's apprehended there will be this yeare neith^ plowing nor 
sowing there w?*" will not onely be to y^ Dainage of y* 
Inhabitants in perticuler, but also proue to y° p''judice of y* 
Publique These are strictly to injoyne & require yo" to 
take such speedy ord^ therein that y* Lawes concerning 
fencing be put in Execution wherein there is a sufficient 
course & care taken for any thing that can be objected to 
y contrary, that you will be left w'^'out Excuse if yo" see it 
not perfourmed effectually y^ w* will be at yo!' utmost 
perills, Given undr my hand at Fort James in New Yorke 
this 13**' day of Aprill 1670. 



To y" Constable & Overseers 
of Gravesend. 



[Francis Lovelace.] 



[Jfi] 



Collateral and Illustrative Documents 



619 



No. LIX. 

BROOKLYN — CONFISCATED LAND OF CHARLES 

GABRY. 



[Petition from Constable and Overseers of Brooklyn.] 



Requeste 

Met behoorlijcke 
Reverentie aen den Wei Edel 
Hoogh gebooren: Heer: 
Onsen Heer Gouverny Wij 
V Edel: Ondersate des dorpe 
Breuckellen: geven reveren- 
telyck te kennen als dat een 
seecker stuck Landt ofte 
Bosch Landt is geleegen bij 
ofte [o]ntrent den dorpe 
Breuckellen voorsz: alwaer 
een seeckere swamp ofte 
valeije is toe gehoorende 
ende alsoo het selve niet en 
wert ofte is gepossideert in 
den tijt van 15 a 16 Jaeren 
geleeden oovermits den Eij- 
genaer Is )J'^trocken naer Hol- 
lant ofte patria: soo dat 
oversulckx het voorsz Lant 
ofte valeij streckt tot groote 
prejuditie ende schaade voor 
de Gemeente alsoo Jnde 



Translation: 

Petition [presented] with due 
reverence to the Right Hon- 
orable Governor our Master: 
We, your excellency's sub- 
jects of the village of Breuck- 
ellen, respectfully repre- 
sent that a certain piece of 
land or woodland is situated 
near or adjacent to the vil- 
lage of Breuckellen afore- 
said, to which belongs a cer- 
tain swamp or meadow, 
which is not and has not 
been occupied for the period 
of the last 15 or 16 years, 
because the owner has gone 
to Holland or his country, 
with the result that the afore- 
said land or meadow tends 
to the great prejudice and 
damage of the community, 
inasmuch as many horses and 
cows have been smothered in 
the said meadow, the same 



Col. MSS. 

23: 121 

(NYSL) 
Dutch 

1671 
Hov. 17 



620 



Province of New York 



[5i] 



Col. MSS. selve valeiie voorsz veele 
22:121 fj •■ 

(NYSL) yscheijde soo paerden als 
Dutch , .. , 

koij beesten syn gestnoort 

1671 X^mits tselve nlet en wert 
Affgeheijnt ende alsoo 
^scheijde Jngeseetenen aen 
onse voor Leede geweesene 
Constapels ende Opsienderen 
hebben X^socht ende aenge- 
klaecht om sulcke schaade en 
Onheyle voor te coomen, 
ende alsoo de gedachte Con- 
stapels en Opsienderen in 
het selve niet en hebben ofte 
connen doen soo heeft Onsen 
tegenwoordigen Er: Gerechte 
den Constapel e Opsienders 
door groote noodicheijt goet 
gedacht haer te Adresseeren 
aen Onsen gedachten Heer 
Govverneur op dat met 
Approbatie van sijne Edelh' 
het voorgeseijde Lant en 
valeije werde ^gunt, ende 
toegestaen aen eenige van 
Onse tegenwoordige Jngesee- 
tenen die het selve valeije 
X^soecken afF te heyninge 
J^mits tselve machten Jn 
rechten eijgendom genieten 
ende mochten gebruijcken, 
soo Js dan onse X'^soeck aen 
V E Wei Edele Heer Gouver' 



not being fenced off; and 
whereas several inhabitants 
have petitioned and remon- 
strated to our former Con- 
stables and Overseers to pre- 
vent such damage and mis- 
chief, and whereas the said 
Constables and Overseers 
have not or could not take 
any action in the matter, our 
present Hon. Court, the Con- 
stable and Overseers, in 
view of the great need, have 
thought proper to address 
themselves to our said honor- 
able Governor, in order that 
with the approbation of his 
honor, the aforesaid land 
and meadow may be granted 
and given to some of our 
present inhabitants, who ask 
to fence off the said meadow, 
provided they may possess 
and use the same in lawful 
ownership; our request, there- 
fore, to you. Right Hon. 
Governor, is that you will 
grant this to our community, 
in order that we may be 
relieved from such damage. 
Which doing, etc., and re- 
main, your honor's dutiful 
humble subjects. 



Collateral and Illustrative Documents 



621 



desen onse gemeente te 
X^gunnen op dat wij moogen 
bevrijdt werden van sulcke 
schaade dit doende etz: ende 
blijve V Edele 

Dienstwillige Onderdaenen: 

Ten ^Tsoeck Van den 

Constapel en Opsienders 

Onderteeckent 

V Edele OnderdaenigDienaer 

Dirck Storm Secref 

Actum Breuckellen 
17? Novemb; 1671 



At the request of the Col. MSS. 

^ 22: 121 

Constable and Overseers (NYSL) 

, Dutch 
signed, 

Your honor's humble servant, 1671 

Dirck Storm, Secretary 



Done at Breuckellen 
17 November 1671 



Endorsed: 



A Peticon from 
Breucklyn. 
This was recomended 
from the Governo' & 
Councell to the Cof of 
Sessions & from them 
to 2. or 3. Justices 

&c. 
Gabry 
P. Leenderts. 



[Proceedings of Brooklyn about the confiscated Land.] 



Voor den eersten 
Ter ){'^gaaderinge Van Con- 



Translation: 
[Met] for the first [time]. 
At the meeting of the Con- 



Col. MSS. 
22: 145 

(NYSL) 
Dutch 

X672/3 
Jan. S 



622 



Province of New York 



\^m 



Dutch 

1673/3 
Jan. 5 



Col. MSS. stapel ende Opsienders ende 
22 : 14s "^ f^ 

(HYSL) Jnwoondere des dorpe 
Breuckelen Js geresolveert 
om een Requeste te leeveren 
aen den Wei Ed: Heer Gou- 
vern' wegens het Landt 
eertijts toebehoorende S\ Ca- 
rd Gabree: 

ten tweede Reijs 
De Apostille Van den Wei 
Edel? Herr: Gouvern^ ende 
sijnen Edel: Raade: ont- 
fangen Hebbende, Sijnde 
voorgemelte Jnwoonderen 
door ysoeck van mij Onder- 
gesz: te saemen X^gaadert 
ende den Jnhouwt van de 
[gejmelte Apostille verstaen 
hebbende geresolveert om te 
^soecken voor de Ed; Ses- 
sions om [h]et [voo]rgeseijd[e] 
Landt ende aengehoorende 
Valey en Swamp voor een 
seecker penningh voor erfF- 
recht te coopen ende syn 
daer toe geouthoriseert in 
persoone Dirck Storm: ende 
Jan Cornelisse Buijs ende 
Dirck Janssen 

Voor de derde Reijs 
De gemelte persoonen 
wederom gecoomen sijnde 



stable and Overseers and 
inhabitants of the village of 
Breuckelen, it is resolved to 
present a petition to the Hon. 
Governor in regard to the 
land formerly belonging to 
Mr. Carel Gabree. 

The second time. 
The answer of the Hon. 
Governor and his Hon. 
Council having been received, 
the aforesaid inhabitants met 
at the request of me, the un- 
dersigned, and, having under- 
stood the contents of the 
said answer, resolved to 
apply to the Hon. Sessions 
to purchase the aforesaid 
land and the adjoining 
meadow and swamp in per- 
petual fee for a certain sum, 
and authorized thereto in 
person Dirck Storm, Jan 
Cornelisse Buijs and Dirck 
Janssen. 



For the third time. 
The said persons having 
come again, made a verbal 



[5i] 



Collateral and Illustrative Documents 



623 



hebben ter ygaaderinge van 
de voorgeseijde Jnwoonderen 
Relaes mondelings gedaen 
ende waer op de geheele 
X^gaaderinge hebben noch- 
maels geresolveert om t voor- 
geseyde Landt ende valeije 
te coopen voor de Somma 
van drie hondert gulden Jn 
dien het den Wei Ed: Heer: 
daer voor gelieflFde aen ens 
te ^[coopen] ende sijn van 
de Jngeseetenen daer toe 
geou[thoriseert] Den Con- 
stapel en Dirck Jansse 
Op[siende]r en [mutilated]. 
Voor de Vierde Reijs 
Door )^loop van tijt sijn 
door X'^soeck van mijn onder- 
gesz: de gemelte Jngeseetenen 
wederom X'^gaedert Except 
Cap' Hainelle ende het 
voorige Raport Van de Edel: 
Sessions voor gedraegen heb- 
bende als vooren syn dese 
naervolgende persoonen gere- 
solveert om uijt te scheijde 
met naeme Jan Cornelisse 
Buijs ende Jan Cornelisse 
Daemen, en Hendrick 
Claesse ende Wijnant Pie- 
tersse, en Sijmon Claessen 
ende Johannes Marcusse 



report to the meeting of the Col. MSS. 

aforesaid inhabitants, where- (RYSL) 
, Dutch 

upon the meetmg once more 

unanimously resolved to pur- 1672/3 
chase the aforesaid land and "^*°' ® 
meadow for the sum of three 
hundred guilders, if his honor 
were wiUing to sell it to us 
for that [sum], and the in- 
habitants authorized thereto 
the Constable and Dirck 
Jansse, Overseer, and . . . 



For the fourth time. 
In the course of time, the 
aforementioned inhabitants 
again met at the request of 
me, the undersigned, except 
Capt. Hainelle, and the pre- 
vious report of the Hon. Ses- 
sions having been submitted 
as before, the following per- 
sons resolved to withdraw, 
namely: Jan Cornelisse Buijs 
and Jan Cornelisse Daemen, 
and Hendrick Claesse and 
Wijnant Pietersse, and 
Sijmon Claessen and Johan- 
nes Marcusse and Susanna 
Dubbels, while previously 



624 



Province of New York 



[5k] 



Col. MSS. ende Susanna Dubbels, ende 

a*: 145 . ... 

(NYSL) te voorens is untgeschende 

Dutch .,, „ ,• - T • 

Albert Cornehsse e Jons 

1672/3 Jacopsse en fredrick Lub- 

Jan. 5 bertsse ende de voordre per- 

soone ofte ingeseetene met 
naeme Dirck Jansse eii Lam- 
bert Jansse Dorlant en 
RaafF Warnar: ende Jero- 
nimus de Rapalie en Dirck 
Storm syn geresolveert de 
gu[nst] van den Ede!: Heer 
Gouvern^ en Sijne Raade 
met eerbiedich[eijt] te 
X'^wachte, X'^mits wij sijnde 
ende sullen X'^obligeert blijven 
tot Danckbaerheijt t voorsz: 
Landt te betaell soo ende 
als tselve in billickheijt van 
Onsen Wei Ed: Heer: Gou- 
vernf aen ens te doen sal 
werden geordineert, ende 
blijve naer Eerbiedet groete- 
nisse V Ed: Achtbaere: 
Dienstwillige Onderdaan[en] 

' Raelph Warnar 
Lambert Jansse Dor- 
lant 

-I Dirck Jansse 

naeme x . r» t> 
Jeronimus Ue Ra- 
palie 
Dirck Storm 



had withdrawn Albert Cor- 
nelisse and Joris Jacopsse 
and Fredrick Lubbertsse, 
and the remaining persons 
or inhabitants, namely, Dirck 
Jannse and Lambert Jansse 
Dorlant and Raaf Warnar 
and Jeronimus de Rapalie 
and Dirck Storm, resolved 
to await respectfully the favor 
of the Hon. Governor and 
his Council, and we are and 
in gratitude shall be bound 
to pay for the aforesaid land 
such sum as our Hon. Gov- 
ernor in equity shall order 
us to do, and with respectful 
salutation, we remain your 
honor's obedient humble 
subjects. 



namely 



'Raelph Warnar 

Lambert Jansse 
Dorlant 

Dirck Jansse 

Jeronimus De Ra- 
palie 

Dirck Storm 



Opposite p. 625. 






irf^^. 



. I 


















r- 



^=1^4-" 









BOND FOR PAYMENT OF CONFISCATED 
LAND IN BROOKLYN. 

In Dutch— January 25, 1672/3. 



(Reduced from 6V2 by 7 inches.) 



w 



Collateral and Illustrative Documents 



625 



Op Breuckele 
de 5° Januw 
A? 1672. 

Torconde der Waerhet 
by mij Onderteeckent 
[Not signed] 



At Breuckelen 

the 5th of January 
A? 1672 
~l3 



CoL MSS. 

22 : 145 

(NYSL) 

Dutch 



In testimony of the truth, 
signed by me, 

[Not signed] 



Endorsed: 



Breucklyn papers 



1672/3 
Jan. 5 



[Bond for Payment for the confiscated Land.] 



Wij ondergesz: persoonen 
met naeme Dirck Storm ende 
Lambert Jansse Dorlant ende 
RaefF Warnar ende Jeroni- 
[mus] de Rapalie ende Dirck 
Jansse Woertman presteere 
e[nde] beloove gelijck wij 
beloov[e] mits desen een 
Jgelijck haer pardt te be- 
taellen wegen[s] de Coopinge 
van het La[ndt] gekocht van 
de Edele Heer Gouvern^ en 
dat voor [ofte op] den derden 
feb^ Anno 1672 ende tot 

73 
yseeckeringe [van] dese 

^{'^binde een Jder voor 

sij[n pardt] haere persoone 

[40] 



Translation: 

We, the underwritten per- 
sons, namely: Dirck Storm 
and Lambert Jansse Dor- 
lant and RaefF Warnar and 
Jeroni[mus] de Rapalie and 
Dirck Jansse Woertman, 
offer and promise, as we 
hereby do promise to pay, 
each his part, of the purchase 
money of the land bought 
from his Hon. the Governor, 
and that before [or on] the 
third of February Anno 1672, 

73 
and for security hereof each 
pledges for his part his per- 
son and property, whether 
now owned or to be acquired 



CoL MSS. 
22 : 146 

(NYSL) 
Dutch 

1672/3 
Jan. 25 



626 



Province of New York 



Col. HSS. 
32: 146 
(RYSL) 
Dutch 

1672/3 
Jan. 25 



ende g[oeder]e nu tegen- 
woordich hebbe[nde] ofte 
naermaels X'^kryg[ende] alles 
sender argh ofte list [Ten] 
teecken der waerh' Js dese 
door de voorgemelte persoone 
met eygen Handt [onder]- 
teecken* Actum Breuckelen 
d[en] vijfFentwintichsten dach 
[der] maent Januwarij Anno 
1672. 

73 

Dirck: Storm: 

lambert Jansz Dorr[lan]t 

Jeronimus rapale 
merck 

Dit is het R van 
Raeff [War]nar met 
eygen handt geste[It] 

dierck Janssen 



in the future, all without 
guile or deceit. In token of 
the truth, this is signed by 
the abovementioned persons 
with their own hands. Done 
at Breuckelen, the twenty 
fifth day of the month of 
January Anno 1672. 

73 



Dirck Storm 
Lambert Janssen Dorr[lan]t 
Jeronimus Rapale 

mark 
This is the R of Raeff 
[War]nar made with his 

own hand 
Dierck Janssen 



Endorsed: 



Dirck Storm[*s bond] 
about the La[nd] 
at Breucklyn 
for the Town 



G. E. An Ord' for y' laying a Quit-Rent, upon a piece 

(HTSL) of Land at Breucklyn, confiscated to his Ma'*'* use. 



i67a/3 
Feb. 7 



Whereas upon y' Peticon of severall of y* Inhabitants 
of Breucklyn, that there being a Lott of Land having a 



[lix] Collateral and Illustrative Documents 627 

Swamp in it heretofore belonging to Charles Gabry, but was ^;^^- 
confiscated to his Ma-'^ use, w""" lyeing neglected & unfenct (HYSL) 
was a great prejudice to the Towne, but if manured & jg_j, 
improved would redound to their Advantage; The said Feb. 7 
Inhabitants making Offer to make paym' of a moderate Sutne 
of Money |for the same; All w'^'^was referr'd to the Court of 
Sessions at Gravesend who recommended it to two or three 
of the Bench to treat w'*' those concerned of Breucklyn 
thereabout; These are to Appoint and Empower you Mt 
Cornells Van Ruijven & M' Matthias Nicolls at yo"' first 
convenience to repaire to the fferry of the Towne there to 
treat w"" the said persons, & Agree w"" them either for a 
certaine Quit Rent annually to bee paid, or some reasonable 
Sume to bee forthwith paid for the same in Come, & upon 
yo'' returne thereof unto mee, I shall bee ready to make 
such Confirmacon of it as shall bee requisite. Given under 
my hand at ffort James in New Yorke this 7'*" day of ffeb'^^ 
1672. 

[Francis Lovelace.] 



[Adjustment concerning the confiscated Land.] CoL MSS. 

(KYSL) 

Whereas I was employed & entrusted by the Governor j^^^ 
with m^ Cornelijs Van Ruyven, to treat & agree with some 01 J'^y *^ 
the Inhabitants of Breucklyn, who had made Request for a 
Lott of Land & Meadow within the precincts of the s[aid] 
Towne heretof[ore] belonging vnto Charles Gabry of Hol- 
land, but was confiscated in the Last Warre, & lay neglected 
& unfenct to their great prejudice, for & concerning the 
which I made an agreement with the said persons the 
which was approved of by the Governo': These presents 



628 



Province of New York 



[lix] 



Col. MSS. testify. That I haue received full satisfaction for & concern- 
•>->• 148 ■' 

ing the premises of Capt° Mic[hell] H[e]ynelle & M^ Ralph 

Warner on the behalfe of themselves & Company, where- 
upon I haue delivered them all the writings left in my hands 
thereunto relating, & will endeauo^ to procure for them such 
further Confirmacon as shall bee thought requisite: Given 



22: 

(NYSL) 

1673 
Jtjly 12 



under my hand in New Yorke. 
1673. 



The iz-*" day of July, 
M[a]tthias Nicolls [Se]cr 



[For] Heynelle & M' Ralph Warne[r] 



6. E. 

4:287 

(NYSL) 



Endorsed on the Dutch Patent or 
Ground briefe, granted by Governo' 
Kieft unto Willem Cornelissen, Febr. 
19^ 1646, & by him transported to 
Charles Gabry, June 23"? 1654, as 
attested by Cornelijs Van Ruyven 
Seer, as followeth, viz. 



1673 
July 12 



The piece of land & Meadow or Valley w'** in the Limitts 
of Breucklyn herein men coned, being confiscated as belong- 
ing to Charles Gabry, a subject of the States Gen", & an 
Inhabitant in Holland in the time of the late Dutch warre; 
Vpon severall Complaints that the same lyeing neglected & 
unfenc't was very prejudiciall to the Towne, and Applicacon 
being made for its redresse. To the End afores'^. The Gov- 
ernor hath consented & granted, that the same shall bee 
& remaine to the use & behoofe of the Undertakers, viz? 
Capt. Michael Heynelle, Dirck Jansen & Jeronymus de 
Rapalye Inhabitants of the said place, & to their heyres & 



Ei] 



Collateral and Illustrative Documents 



629 



assignes for ever: 
July 1673. 



Dated in New Yorke the izli? day of <»• ?• 

' 4:287 



By order of the Governo' 

Matthias Nicolls. Seer. 



(HYSL) 

X673 
July 12 



No. LX. 

BROOKLYN — FREDRICK LUBBERTSEN vs 
MICHIEL HEYNELLE. 



An Order concerning Michael Haynell & 
ffrederick Lubberts. touching Comonage 
for Cattle. 



C. A. 
2:556 

(NYSL) 



Whereas there was a Certaine matter in Dispute betweene 
Michael Haynell & Frederick Lubberts. both of y? Juris- 
diction of Breucklyn touching certaine Comonage w?'' y? 
said Michael Haynell claymed upon y? land belonging to 
Frederick Lubberts. It was this day mutually agreed upon 
before me being w'*^ diuers others upon y^ place. That for 
y^ Convenience of y^ said Michael Haynell he being so farre 
remote from any oth^ Coirionage, The said Haynell shall 
duering y? tyme he injoyes y? farme where he now resides 
haue liberty to put into Frederick Lubberts neck of Land 
w'^'in y* fence next unto him his home Cattle That is to say. 
8. milch Cowes, 2. working Oxen & one Saddle horse, But 
in regard y? Land doth properly belong to y"- said Frederick 
Lubberts as by his Patents & long possession doth appeare, 
& that he is to maintaine y^ fence & pay the rates for y" same. 
It is thought fitt, That as an Acknowledgm' thereof y' said 



1670 
June 27 



630 



Province of New York 



[li] 



C, A. 

3:556 

(mrsL) 
1670 

June 27 



Michael Haynell do for every beast he puts upon y? said 
Land pay to the said fFrederick Lubberts or his Ord^ Three 
Guildr* Seawant, & for his horse six Guild" ^ Ann, And 
that this is not to be taken as a President for any one else 
to expect y? like but merely for an Accomodation, & to sup- 
ply the necessity of y" said Michael Haynell upon y* farme 
where he now dwells. Given und' my hand at ffort James 
in New Yorke this 27?^ day of June 1670. 



[Francis Lovelace.] 



G. E. 
4:59 

(NYSL) 



An Ord^ on y" behalfe of ffredrick Lubberts con- 
cerning him & Michaell Heynell of Breucklyn. 



1671 
Oct. as 



Whereas Comp!' is made unto Mee by Fredrick Lubberts. 
who lives w"'in y^ Jurisdiction of yo' Towne that notwith- 
standing y* Agreem' made before mee between him y* said 
{Fredrick & Michaell Heynell his Neighbour, wherein y' 
said Heynell was restrayned to a certaine Numb' of Cattle 
& Horses to be putt upon y" said ffredricks Neck of Land, 
fFor w'^'' by my Ord' a certaine Consideracon was yearely 
to be paid; These are to require you That you forthwith take 
two of y^ Overseers to your Assistance, & make Enquiry 
into y^ Truth of y' Matt% & if it bee as is alledged. That you 
forewarne y* said Michaell Heynelle from soe doeing, and 
render mee Acco' thereof; And for soe doeing This shall bee 
yo'' Warrant. Given under my Hand at fforte James in 
New Yorke, this 25'^ day of October 1671. 



To y' Constable of Breucklyn. 



[Francis Lovelace.] 



[ixi] Collateral and Illustrative Documents 631 



No. LXI. 

NEW YORK CITY — REV. JACQUES ROULLAUD 
AND FRENCH PROTESTANTS. 



[Passenger List of the Ship "Grace."] G.^- 

(HYSL) 



r t67i 1 



The Names of y® Passenger" that went home in 
the Ship y* Grace of London, are [DecemJ 

M'' Nicholas de Meijer 
M'' Paulus Richards. 
D? Jaques RouUaud • 
Johes Hardenbrooke 
Johes Whitthart. 



The Governo" Answ^ to D? Jaques ©. E. 
Roulauds Request, y* fFrench Minist- (RYSL) 



The Request herein written of Monsr Jacques Roullaud dj^J, 
tending to y' gen^" Good of this his R: Highness Province, 
I have thought fitt to Grant it as farr as in mee lyes, w"*" will 
bee EfFectuall to y^ three latter Proposalls, & for y'^ first shall 
recommend it to his Royall Highness, who probably may 
prevayle therein. As to all other Matt" there shall bee want- 
ing noe due Encouragem' from mee. Given under my Hand 
at fFort James in New Yorke the 22**^ day of December. 1671. 

Fran: Louelace 

>A passport was granted to the Rev. Jacques Roullaud, on December 19, 
1671, " to goe home " in " the Good Ship y= Grace, Claes Verbraeck Com- 
mand' now Bound for England and Holland." — General Entries, vol. 4, p. 77. 



33 



632 Province of New York. [uml 



No. LXII. 

NEW YORK CITY — PROCLAMATION ABOUT 
UNFENCED LOTS. 



G.E. A Proclamation requiring such Persons as have 

(RYSIt Lotts of Land about this City unfenct, that 

they bring in their Claymes or p''tences &c: 
to y' Secretaryes Office, by y' i"' of March. 

1671/3 Whereas there are diverse Lotts of Ground within this 
Jan. 25 

City & Precincts, w"** heretofore have been fenct in & built 

upon, but haveing been neglected are fallen to Ruine & 
Decay, & soe lye in Common without any Care taken of 
them, & there haveing been likewise Graunts & Patents for 
severall Lotts of Land in & about y* City, w"^^ never yet were 
fenct in or improved; To y' End the vacant Lotts & Houses 
fallen to decay & left neglected in the City, may bee fenct in 
& rebuilt upon, & those other Lotts some way improved 
according to y" Intent of y* Graunts & Patents given to y^ 
respective Persons for y* same; I have by & w"' y* Advice 
of my Councell thought fitt to Order Publish & Declare, 
That all persons whatsoever who have any Clayme or p'^tence 
to any such Lott of Ground w^'in this City or precincts, 
w""" formerly hath been fenct in & built upon, but now lyes 
neglected, or for the w"'' there are Graunts & Patents, but 
never were fenct in or improved. That they bring into y* 
Secretaryes Office in the ffiarte such their Claymes or Pre- 
tences by y* first or second day of March next, when some 
Order shall bee taken concerning the same. And who- 
soever (haveing Notice hereof) shall refuse or neglect soe 
to doe, shall forfeit their Pretences, & their Lotts bee dis- 



iLzni] 



Collateral and Illustrative Documents 



633 



posed as the Governo' shall see Cause for the Good and 
Welfare of the Place. Given under my Hand at fForte 
James in New Yorke this 25''' day of Jan''' in y' 23"" yeare 
of his Ma"" Reigne, Anno(p Domini 1671. 

[Francis Lovelace.] 



G. E. 

4:97 
(HYSL) 

1671/a 
Jan. 25 



No. LXIII. 

NEW YORK CITY — THIRD COMPANY OF FOOT 
ESTABLISHED IN THE MILITIA. 



An Ord^ for a third Company of fFoot 
& y* 3 Commission Officr^ to be raisd 
in this City. 

Whereas it is thought requisite, & for y' reputacon of y^ 
Place, there being a Competent Number of Men capable 01 
bearing Armes to compose a third Company of fFoot, I doe 
recommend unto you y^ Denominacon of six Persons of y* 
City, that is to say, tv?o for Captaines, two for Lievten'^, & 
two for Ensignes, & make returnes of their Names unto mee, 
out of w"** Number I shall make choice of one of each to 
bee Officers, for the which They shall have my Commission 
& OrdT to take Charge of y* said Company. Given under 
my Hand at fForte James in New Yorke this 15"" day of 
January 1671. 

{Fran: Louelace 
To y" Mayor & Aldermen of 

this City. 



G. E. 

4: 87 

(HYSL) 



I67I/2 
Jan. IS 



634 



Province of New York 



UziiiJ 



G. E. 

4:105 
(HYSL) 



1671/2 
Feb. 26 



An Ord"^ about raysing a third Company 
of ffoot in this City. 

Whereas It hath been thought requisite, That a New 
Company of Foot should bee risen within this City & p'^cincts 
there being a Competent Number of Men capable of bearing 
Armes to make up three Companyes, for y* w'^'' I have 
graunted forth my Commissions; I doe Recommend it to 
y* Offic" of y^ three Companyes that as neare as may bee. 
They make an Equall Division of the Souldyers in y* Towne 
into three distinct Parts, both as to quality & Number, the 
w"*" being done Lotts may bee drawn, for y® determination 
to whom each Company shall belong. That is to say. Cap* 
Martin Cregier, or in his Absence his Lievten' shall draw 
y* first. Cap' Johannes Van Brugh y* second, & Cap' Isaack 
Bedloo the third Lott, &y* Offic" according to their 
Draught are to take Charge of their respective Companyes 
accordingly. 

Given under my Hand at Forte James in New Yorke this 
26"" day of fFebruary 1671. 

[Francis Lovelace.] 
To y* Military OfBcT' of y" 

City of New Yorke. 



G. E. 

4:12s 
(HYSL) 



1672 
Hay 4 



A Warr- to y* 3 Cap'?^ of y" Foot Companyes 
belonging to N: Yorke, to appeare at y* Ren- 
dezvous on y* ag*'" of this instant May. &c: 

You are hereby ordered to give due & timely Warning to 
y' inferior Offic" & Souldy" of y* Companyes under yo' 
Coiriand, that they bee in a readyness to make their Appear- 
ance w"' their Armes fixt together w"" some fitting pro- 
portion of Ammunicon, upon Wednesday y* 29"" day of this 



umu 



Collateral and Illustrative Documents 



635 



instant Month by nine of y* Clock in y* Morning in the broad 
Place neare y* fForte, from whence you are to march w"' yo^ 
respective Companyes to the Rendezvous to bee appointed 
for y® Militia of this City, there to receive such further 
Ord"^^ as shall bee given from mee, or such other superio' 
Offic" whom I shall appoint; Hereof you are not to fayle 
as you will answer y* contrary at yo^ Perill. Given: &c: the 
4**^ day of May in y° 24"* yeare of this Ma"?^ Reigne, Annoc^ 
Dm 1672. 

[Francis Lovelace-l 
To Cap^ Martin Creig' 

The like was directed to Cap' Johes Vanbrugh. 

And a third to M- Isaack Bedloo. 



G. E. 

4:125 

(NYSL) 

1672 
May 4 



Warrant to Cap' Van Brugh for y* drawing up his ^- ^^ 



w . ^ . 4:130 

Company together at y* Gen" Rendezvous &c : (HYSL) 



You are immediately upon sight hereof to cause yo' 
whole Company of fFoot to bee drawn together on y" 29"* 
day of May 1672. by 7 of y* Clock in y* Morning at y* 
Gen"^" Rendezvous appointed by mee at y* Winde-Mill Hill 
without y' City of New Yorke, & there to continue till you 
receive farther Orders from mee; And hereof you are not 
to fayle as you will answer y'' Contrary at yo"^ utmost Perrill. 
Given &c: this 27"' of May 1672. 

[Francis Lovelace.] 

To Cap' Johes Van Brugh or 

in his absence to his Officer in chiefe. 

Cap' Bedloo 
The like to — ^ & 

Cap' Creiger. 



1672 
May 27 



636 Province of New York [lxiv] 



No. LXIV. 

NEW YORK CITY — NEW TROOP OF HORSE 

RAISED. 



G- E. An OrdT to M' Steenwijck for raising a 

(inrSL) Troope of Volunteers upon this Island. 

1672 Whereas I have made Inspection into y^ Militia of this 

City, & findeing it requisite that upon Occasion some Horse 
should bee in readyness as well as ffoot for y® Safeguard & 
Defence of y* Place, & also for y' Reputacon thereof; 
These are to Authorize you Cap^ Cornelijs Steenwijck, to 
take the Subscriptions of all such Persons as shall volun- 
tarily enlyst themselves within this City and Precincts, as 
also at y* Bowery, New Harlem and fFordham to Compleat 
a Troope of Volunteers to bee under yo^ Command, in y' 
yf"^ you are to have y* Assistance of Cap- Dudley Lovelace 
whom I have thought fitt to nominate to bee yo"' Lievtenant, 
& M'' Gabriel Minvielle who is to bee your Cornett. And 
you are hereby Ordered to putt yo^selves in the best Posture 
you can for y" present to appeare at the Gen^" Trayning of 
y* Militia in this City on y* 29"^ day of the Month of May 
next, for the doeing whereof this shall bee yo^ Warrant. 
Given under my Hand & Scale at Forte James in New Yorke 
this 24"" day of Aprill 1672. 

[Francis Lovelace] 
To Cap* Cornelijs Steenwijck 
These. 



[l^vJ 



Collateral and Illustrative Documents 



637 



Another Ord^ about y* City Troope. 

Whereas I have issued forth my Warr' to Cap' CorneHjs 
Steenwijck to rayse a Troope of Horse within y*" Libertyes 
of this City and Island, the w'''' can noe way bee compleated 
without some Dispensacon bee allowed to some of those 
that are willing & capable amongst y®, ffoot-Companyes, 
under whom all but those exempted by the Law are or ought 
to bee Enlysted; These are to Certify That Cap' CorneHjs 
Steenwijck and his Offic!"^ have hereby Liberty to Enlyst 
such and soe many Volunteers out of y® Companyes of ffoot 
belonging to this Towne as are capable to sett themselves 
forth w"" Horses, fFurniture, & Armes; Provided y^ number 
doth not exceed five or six in each Company which persons 
soe enlysted by y" Cap' of Horse shall bee excused from 
giveing their farther Attendance on the fFort; fFor the w"** 
this shall bee to them & every of them a Warrant & Dis- 
charge. Given under my Hand at Forte James in New 
Yorke y® 6"" day of May 1672. 

[Francis Lovelace.] 



G. E. 
4:130 

(NYSL) 

1672 
May 6 



[Commissions issued for Troops of Horse.] 
May y^ 25"" 1672 



G. E. 
4:138 
(NYSL) 



Commissions were granted to Cap' CorneHjs Steenwijck, 
Cap' Dudley Lovelace, & M"^ Gabriel Minvielle to bee Cap' 
Lievten', & Cornett of the Troupe of Horse Lvsted or to be 
Lysted w'^'in this City of New Yorke, Island Manhatans 
or parts adjacent, curreii: secundum formam istarum 
Commissionum quae concessae fuerunt Cap'°.° Matthiae 
Nicolls, Thomae Willett &c: recordat. in tertio Libro. 



1672 
May 25 



638 



Province of New York 



[lxVJ 



6.E. 

4:»37 

(NYSL) 



1672 
May 27 



An Ord^ to Cap^ Steenwijck for y* drawing up his 
Troop together to Rendezvous upon May ag-** 
ST 

You are immediately upon sight hereof to give Notice to 
all those that belong to yo' Troope of Horse that they bee 
drawn together w"" their Armes fixt & sufficient Ammunicon 
on y* 29"" day of this instant Month by 7 of the Clock in y* 
Morning on y" Hill beyound M'' Beackmans without this 
City over against y^ fFerry, & there to continue untill you 
receive further Ord"'^ from mee; Hereof you are not to fayle, 
as you will answer y* Contrary at your utmost Perrill. 
Given under my Hand at Forte James in New Yorke this 
2f^ day of May 1672. 



To Cap* Cornelijs Steenwijck. 



[Francis Lovelace.J 



FLATLANDS 



No. LXV. 

ESTATE OF BALTHAZAR DE 
VOSCH. 



C.A, 

2:427 
(HYSL) 

1669 
Oct. 7 



A warrant for Balthazer de Vosch to 
appeare at y* next Gen'" Court of Assizes. 

These are in his Ma"*^ name to will & require yo" Baltha- 
zer de Vosch to appeare at this next Gen?^" Court of Assizes 
to be held in this Citty beginning on y" first Wednesday in 
Novemb^ next then & there to make Answer to y* Comp'.* 
of Mettie Wessells widdow who hath Entred an Accon of 
Debt against yoV Hereof yo" are not to fayle at your perill 
Giuen und' my hand & scale at ffort James in New Yorke 



[t"xM 



Collateral and Illustrative Documents 



639 



this y'*" day of October in y* 21*'' yeare of his Ma 
Annocp Domini 1669. 



To y* Constable of fflattlands 
aTs Amesford who is to see this 
warrant served & make retorne 
thereof at y^ Assizes. 



raigne 
[Francis Lovelace.] 



C. A. 

2:437 

(HYSL) 

1669 
Oct. 7 



A Warrant to y* Constable of Flatt bush 5- ^v 
to lay an Attachem' upon a Certaine Lott (NYSL) 
of Land there. 



These are in his Ma"^ name to require you to lay an 
Attachem' upon a Certaine Lott of Land at Midwout als 
Flatt bush now in y" Tenure or Occupation of Jan Roeloff- 
sen & belonging to Balthazer de Vosch who stands indebted 
in a certaine SuiSe of money for goods receiued of M^ Isaack 
Bedlow of this Citty merchant, And that you make Retorne 
of y' service of this warrant to y^ next Court of Sessions to 
be held at Gravesend, Hereof you are not to fayle Given 
undr my hand at Fort James in New Yorke this 7'*" day of 
June 1670 

[Francis Lovelace.] 
To y? Constable of Midwout 

ats Flatt bush. 



1670 

June 7 



C. A, 
2:591 



An Ordr for y* Deliuery of y? House 

& Brewhowse late in y? possession (iiYSL, 
of Balthazer de Vosch unto fFather 
Kaes. 

Whereas It hath beene rep''sented unto me that before 1670 
y? departure of Bathazer [sic\ de Vosch from his habitation & 
this Countrey he made seuerall bargaines & Sales of Lands 



640 



Province of New York 



•No. 1 



C. A. 
2:591 

(NYSL) 

1670 
Sept. 30 



& houses, amongst y* w^** there are Three or four that depend 
y' one on y? oth"^, & all Center in his Exchange of her 
house Lott of ground & Brewhouse at Amesford w-** one 
named father Kaes als Cornelissen of Midout for a Bowery 
or Lott of ground he hath there, y^ w'^'* Exchange is to be 
made & performed on y^ first day of Octob^ next, These 
are to ord^ & appoint yo" y* present Constable & Over- 
seers of Amesford to deliuer possession of y* house Lott of 
Ground and Brewhouse late in y^ possession of y^ said 
Balthazer de Vosch; so agreed to be exchanged as aforesaid, 
unto yf said father Kaes als Cornelissen or his Assignes, 
The w?"^ bargaine sale & Exchange as well as all oth" made 
by him, before he deserted his habitation are to stand firme 
& good unlesse other reasons can be showne to y^ Contrarye 
at y? next Gen^" Court of Assizes. Given und^ my hand 
at fFort James in New Yorke this 30''' Day of Septemb^ 
1670. 

To y? Constables & Overseers [Francis Lovelace.] 

of Amesford ats Flattbush. 



C. A. 

2:593 
(NYSL) 



An ordr for y^ Constable and Overseers 
of Flatt lands to take a view of y^ 
house in dispute betweene ffath^ Kaes 
& Balthazer de Vosch. 



1670 
Oct. 3 



Whereas yo" haue made Report to me that Cornelijs 
Jans ats father Kees doth refuse to take possession of y? 
house & Land of Balthazer de Vosch, according to his 
Agreement & my Ordr for reasons w?*" he p'^tends to bringe 
in at y? Court of Assizes, y? w?'' as I am informed hath 
relation to some want of repaire of y^ house or some damage 
casually received since y': bargaine. You are hereby ordered 
to take a view of y^ said house, & to giue an Account to me at 



[lxv] 



Collateral and Illustrative Documents 



641 



this next Court of Assizes,' what y? Charge of making y* 

Reperation will be, That some Course may be taken to 

make it good, & an issue put to y^ oth*^ bargains & sales 

depending thereupon, Given undT my hand at fFort James in 

New Yorke this 3*? day of Octob^ 1670. 

[Francis Lovelace.] 
To y? Constable & Overseers 

of Amesford ats Flatt lands. 



C. A. 

2:593 

(HYSL) 



1670 
Oct. 3 



A warrant for y? 4 psons following to C- A. 
view y? house of Balthazer de Vosch. (NYSL) 



Whereas yo" are by an Ord^ of y? late GenT" Court ot 
Assizes nominated and appointed to view & adjudge what y' 
Charge will amount to of Reperation of y* Lott & Brewhouse 
at fflatt lands late belonging to Balthazer de Vosch who 
exchanged y? Same w'*" Cornelijs Jansen Boegart ats fath' 
Kaes for his Lott at fflat bush as also of what else shall be 
found wanting to make good y* Conditions made betweene 
them upon y* said Exchange, These are to require yo" that 
yo" forthw''' & w"'out furth^ Delaye proceed to doe y? 
Same according to y"? said Ord^ It being a matt- w?*" as I am 
Informed may be effected in a few houres, & )^ Delay 
thereof may prove very p'^judiciall & for so doeing this shall 
be yo' warrant Given unde' my hand at ffort James in New 



[Francis Lovelace.] 



Yorke this 13^'' of October 1670. 

To Capt" Elbert Elbertse 
Mr Jacob Kipp 
Coert Stevens & 
Huybert M^ Oloffe Stevens man. 

> The case of Cornelis Jansen Boegart, alias Father Kaes, against Bal- 
thazar de Vosch, figured at the court of assizes, in October, 1670. — Court 
of Assizes, vol. 2, pp. 253-255. 

[41] 

I 



1670 
Oct. 13 



642 



Province of New York 



j-xv] 



C.A. 

2:597 
(HYSL) 



1670 
Oct. 17 



The Governo" approbation of y? Report 
of y' ^sons appointed to view y^ 
house of Balthazer de Vosch 

Whereas 4 ^sons were appointed by y* late Genr" Court of 
Assizes to view & adjudge what y* charge would amount unto 
of Repation of y' Dwelling house & Brew house at Amesford 
late belonging to Balthazer de Vosch who Exchanged y". Same 
w-'^ Cornelijs Jansen Boegart for his Lott at Midwout, as also 
of what else should be found wanting to make good y° Con- 
ditions made betweene them upon y* said Exchange, And 
y' said ^sons having given in their Report conformable to 
what was heretofore done by y^ Constable & Overseers of 
y? said place, That is to say for fower hundred Guild'^^ 
Seawant for y^ Reperation of y' house & Brewhouse, & also 
for one hundred Guild" Seawant more for y? Damage y? 
fFatts haue Susteyned, Upon due Consideration had hereupon, 
I haue thought fitt to approue & do allowe of what is 
adjudged by y^ said persons & doe ord^ that no furth'' 
Exceptions be admitted against it, And y? persons appointed 
in trust to Administ- upon & look aft' y' Estate of y? said 
Balthazer de Vosch are forthw'*' to take Care That y' said 
Suirie of fiue hundred Guild!^ be allowed to y* said Cor- 
nelijs Jansen to y^ end & purpose aforementioned. Given 
undr my hand at fFort James in New Yorke this 17^'' Day 
of OctobT 1670. 

[Francis Lovelace.] 



C.A. 

2:596 
(NYSL) 



1670 
Oct. 18 



An Ordr Excusing M' Jacob Kipp's 
attendance in y? businesse betweene 
Cornelijs Jansen & Youncker Vosch. 

In Regard Mr Jacob Kipps other occasions hindr him 
from attendance on y* businesse betweene Cornelijs Jansen 



LxvJ Collateral and Illustrative Documents 643 

& Youncker Vosch whereunto he was ordered at y' last C. A. 
Court of Assizes, I haue thought fitt to referre the nomina- (HYSL) 
tion of a fourth person in his stead to y* othr three appointed 
by y' Ordr aforesaid. Given und' my hand at fFort James Oct. i8 
in New Yorke this iS'*" of October 1670. 

[Francis Lovelace.] 



No. LXVI. 

BOND OF THOMAS WALKER, COMMANDER OF 
THE SHIP "BATCHELOURS DELIGHT." 



Another Certificate about M' Walker ?:]f; 
from the Custome-Master.' (NYSL) 

These are to Certify all whom it may concerne, That Dec 22 
Thomas Walker of the City of London Merchant hath taken Attested 
his Oath & Given Security by Bond of One thousand pound 1671/2 
Sterling Money of England to Colt, ffrancis Louelace 
Governo' of New Yorke, & all his Royall Highness Terri- 
toryes in America for the use of our Soveraigne Lord the 
King, That y" Vessell or Pinck called y* Batchelo''^ Delighte 
now rideing at Anchor in this Harbour of New Yorke is a 
fFree Ship, y' which hee is to make appeare before y' Expira- 
tion of one yeare and six Weeks as in the Bond is men coned. 
Given under my Hand this 22"^ day of Decemb^ 1671. 

C: Van Ruijven Cottf 

'This is in reality the earlier certificate, as the other one is that of 
January 17, 1671/2, printed on p. 645 in its chronological sequence. In the 
engrossed manuscript the earlier certificate is entered last, which accounts 
for the ambiguous heading. 



644 



Province of New York 



[lxvJ 



G.E. 

4:90 

(irsfSL) 
1671 

Dec. 22 

Attested 
1671/2 
Jan. 17 



To y* Truth of y* Contents of what is above-written, I doe 
attest. Given under my Hand and Seale at fForte James 
in New Yorke on y' Island Manhatans in America the 17"* 
day of January in the 23**" yeare of his Ma"" Reigne, 
Annocp Domini 1671. 

[Francis Lovelace.] 



G.E. 

4:87 

(mfSL) 



1671/2 

Jan. 13 



[Walker's Bond for the Ship " Batchelours Delight. "] 

]an^ 13^'' 1671. 

M' Thomas Walker part Own^ of y* Pinck Batchelours 
Delighte, Enterd into an Obligacon of 1000" Sterling, to M' 
Richard Ripley (late Mast*^ of y* said Pinck) wherein hee 
bound both himselfe, heyres, Executo", Administrato", & 
his Vessell That after hee had made his Voyage hence to 
Virginia with the said Ship, hee would then sayle directly 
(Winde & Weather permitting) to y* Island of Jamaica, 
without makeing any other Voyage before hee hath acomp- 
lisht y^ same, & that there hee would save y^ said W"" Rich? 
Ripley harmless, as touching y* Obligacon wherein hee 
became bound at Jamaica for y' returne of y^ Ship. &c: 



G.E. 

4:87 
(HYSL) 



[Bond for the Ship "Loyall Dorothy."] 
Jan^y i5*'> 1671 



x67i/a Capt. Josyas Teate, & M' Thomas Walker Merch^ enterd 

' into a Bond of 1000" to ffrancis Louelace Esq' &c: the 

Condicon whereof was, that Cap' Teate should sayle back 

y^ Ship Loyall Dorothy to Nevis in y^ roome of Cap' Julius 



[lxvu 



Collateral and Illustrative Documents 



645 



G. E. 

4:87 



deceased, & there deliver her up w**" her Cargoe to S' Charles 

Wheeler, according to y' Teno' of his Commission, the which (HYSL) 

if hee did, then the Bond should be void. 

167 1/2 
Jan. IS 



M' Thomas Walker's Certificate. 

Whereas M' Thomas Walker halfe OwnT of the Pincke the 
Batchelours Delighte came upon y* 6^^ day of October last 
with the said Vessell into this Harbour from Jamaica and 
y' Bay of Campechio loaden w"^ Loggwood, & before her 
departure from out of Jamaica, haveing given Bond with 
another, & y*" Master M*^ Richard Ripley that the said 
Pincke should returne back to Jamaica by y^ first Conven- 
ience, or in twelve Months after y^ Date of the said Bond, 
That is to say, by y® 18"^ day of {February next, y^ danger of 
the Seas & Death excepted; These are to Certify all whom 
it may Concerne, that since y^ Arrivall of the said M'' Walker 
into this Porte w'** his Pincke as aforesaid, hee hath been 
detayned here contrary to his Expectation by his Ships being 
questioned to bee an unfree Ship, as also by severall Dif- 
ferences and Debates at Law between him & his Master, 
and likewise between others and him, soe that by the meanes 
aforesaid hee cannot in probability comply w"' his time of 
returning to Jamaica, but hath given Bond for the perform- 
ance of his Engagem' with his first Convenience. Given 
under my Hand and Seale at fForte James in New Yorke on 
y* Island Manhatans this 17"* day of January in y" 23"" 
yeare of his Ma"." Reigne, Anno(^ DiTi. 167 1. 

[Francis Lovelace.] 



G. E. 

4:90 

(KYSL) 

1671/2 
Jan. 17 



646 



Province of New York 



[lxvi] 



G. E. 

4:94 

(5YSL) 



1671/2 
Jan. 19 



A Pass-porte for M' Tho: Walker 
to depart hence with his Shipp &c: 

Permitt & suffer y* Pincke Batchelors Delighte now rideing 
at Anchor in this Harbor, Thomas Walker halfe Owner & 
Command^ bound for Jamaica to Passe out of this Porte 
w"' her Ships Company, Goods, Merchandize, & Neces- 
saryes without any manner of Lett, hindrance, or Moles- 
tacon whatsoever. Given under my Hand & Scale at fforte 
James in New Yorke this 19"' day of January in the 23"* 
yeare of his Ma'"*^ Reigne, Annocp Domini 1671. 

[Francis Lovelace.] 
To all Offic" & others whom 

this may Concerne. 



G. E. 

4:94^ 
(HYSL) 



1671/2 
Jan. 21 



A Warrant for y* seizing upon M' Walker 
& bringing him back to this City. 

These are in his Ma"^ Name to require you to Attach y^ 
Body of M"^ Thomas Walker one of the Owners & Comander 
of the Pincke Batchelours Delighte, and that you bring him 
back to this City to make Answer to the Suites of Docto^ 
Henry Taylo' Dirck Van Cliffe, William Merritt, & Diverse 
other Creditor'' As also for his Contempt in goeing away 
with his Ship without Clearing at the Custome House. And 
for soe doeing This shall bee your Warrant. Given under 
my Hand at fforte James in New Yorke this 21"" day of 
January. 167 1. 

Fran: Louelace 
To Philip Johns 

Haven-Master. 



Some Persons are to bee left on board to secure y* Ship, 
that shee depart not till further Order. 



D-xvii] Collateral and Illustrative Documents 647 



No. LXVII. 

WESTCHESTER — JOHN PELL vs JOHN RICHBELL 
ABOUT BOUNDARY AND TRESPASS. 



Recorded for M'' John Richbell, the 6'^ Deeds 
■' . 2 : 1 28 

day of June 1666, this Indyan Deed. (Sec. State) 

I Wompoqueum, together with my Brother Mahatahan, [n. d.] 
being the right owners of three Necks of Land, lying and Recorded 
being Bounded on y' East side with Mamaranock River, and /^*^*g 
on y* west side, with the Stony River, which parts the said 
Land, and M"' Pells Purchase; Now These are to Certify, 
to all and every one whom it may concerne. That I wompo- 
queum, did for my selfe, and in the behalfe of my above 
said Brother, Mahatahan, firmly Bargaine & Sell to M'' 
John Richbell of Oyster Bay,' to him and his Heires forever, 
the above mentioned three Necks of Land, together with 
all other Priviledges there unto belonging, Six weekes before 
I sold it to M"^ Tho: Revell, And did marke out the Bounds, 
and gave M"^ Richbell possession of the said Land, and did 
receive part of my pay then in hand, as Wittnesse my hand 

The Marke X of Wompoqueum. 
Wittnesse 

Jacob Yongh 

Catharin Yongh. 

' Richbell was a merchant at Charlestown, Mass. , before he came to Oyster 
Bay, and Revell came from the Barbados. Richbell bought Horse Neck, on 
September 5, 1660, and conveyed it to Nathaniel Silvester, of Shelter Island, 
and others, on October 18, 1666. He and his wife, Ann, also conveyed to 
Silvester, and others, their dwelling house, gardens and other lands (alto- 
gether twenty acres) at Cove Neck, in Oyster Bay, on November 17, 1666. 
For documents on his relations with Oyster Bay, see Deeds, vol. 2, pp. 11, 
12, 15, 102-112, 224-232; ibid, vol. 3, pp. 93-99, 1 19-126, 148; Court of 
Assizes, vol. 2, pp. 7-14. On his controversy with Revell, see also Orders, 
Warrants, Letters, vol. 2, pp. 48, 66. 



648 Province of New York Ut 



Deeds [Indian Deed to John Richbell.l 

(Sec.Sute)Mar: is"" 

1666 Recorded for M'. Richbell. 

Mammaranock, y? 23'' Sept' 1661. 
1661 i.> Know all Men by these pres'^ That I Wappaquewam 

— '- — Right Owner & Proprietor of part of this Land, doe by Order 
1666/7 of my brother who is another Proprietor, & by consent of 
''**''• ^3 the other Indyans doe this day, sell, lett & make over from 
mee my heyres & assignes for euer, unto John Richbell of 
Oyster bay his heyres & assignes for euer three Necks of 
Land, The Eastermost is called Mammaranock Neck, & the 
westormost is bounded with Mr Pells purchase: Therefore 
know all Men whom these presents concerne that I Wappa- 
quewam, doe this day alienate & estrange from mee, my 
heires & assignes for euer unto John Richbell his heyres & 
assignes for euer, these three necks of Land with all the 
Meadowes Riuers & Islands thereunto belonging, Also the 
s^ Richbell or his Assignes may freely feed Cattle or cutt 
Timber twenty miles Northward from the marked Trees of 
the Necks; ffor & in consideracon the s^ Richbell is to giue 
or deliuer unto the aforenamed Wappaquewam the Goods 
here under mentioned, the one halfe about a moneth after 
the date hereof, & the other halfe the next Spring following. 
As the Interpreters can testify; & for the true performance 
hereof, I wappaquewam doe acknowledge to haue rec"^ two 
shirts & ten shillings in wampom, the day & date aboue- 
written. 

Twenty two Coates. 

one hundred fathom of Wampom. 

•The six numbers attached to documents in tUs group simply diow 
sequence in the manuscript volume. They are printed here in chrono- 
logical order. 



[livuI Collateral and Illustrative Documents 649 



Twelue shirts. Deeds 

Ten paire of Stockings. <9ec. State) 

Twenty hands of Powder. 

■' i66i 

Twelue barrs of Lead. Sept. 23 

Two firelockes. Recorded 

ffifteene Hoes. ^^^/^^ 

ffifteene Hatchets. 

Three Kettles. 

The Deposition of John Finch & Deeds 
Edward Griffen both of Oyster bay. (ggg| state) 

2. These Deponents testify & affirme, That they being at iggi 
Peter Disbroes Island (being to the westward of Greene- ^^c^ 
wich) the 23*? day of September last past, & being there Recorded 
employed by mf John Richbell for to Interpret betwixt the Mar. 13 
said m!; Richbell & the Indyans (mentioned in this writing 
annex't) about the purchase of three Necks of Land, The 
said Deponents doe both of them affirme, that this herein 
written was a true and reall bargaine, made the day aboues'? 
betwixt the said Mt John Richbell & the said Indyans, & 
the Conditions thereof. 

Taken before mee 
John Hickes. 
Hempsteed this 20- of 
December. 1661. 



The deposition of John ffinch of Oyster Deeds 
bay & also of Edward Griffin. ,_ ^- It^jgj 



5. The s? Deponents vpon Oath testifye, m' John Richbell 1661/2 

Merchant of Oyster bay, did buy of Wappaquewam a cer- "• '* 

taine Tract of land lyeing westward of the River called ^*f?5/'* 

Mammaranock Riuer & bounded by Land purchased by mT Mar. 13 



650 Province of New York [livrj 



Deeds Thomas Pell of the Indyans, The said Wappaquewam being 
(Seel State) entrusted by his brother Mathetuson formerly called Mohey 



1661/3 



(as the said Wappaquewam & Mathetuson did enforme) to 
i^.'ii sell all his propriety in the s'? Land, & himselfe with Edw? 
Recorded Griffin accompanied the said John Richbell, unto y' s? 
1666/7 Indian Wappaquewam to buy the s'^ Lands, which accord- 
ingly hee did, & payd unto the s- Wappaquewam in part of 
payment for the purchase of the said Lands, Two shirts & 
ten shillings in wampom, and agreed upon Time for the 
payment of the residue according to a writing made at 
Momoronock River, bearing date 23'^ of Sept. 1661. & on 
that day the said Richbell tooke possession of the s? Lands. 
In & upon the 7- day of March 1661. The s"? John 
Richbell employed them the s? Deponents & one Jacob 
Young a Sweed (which are Indian Interpret") to goe with 
him to the Indyans to talke w- them, Hee the s'? Richbell 
hearing a Report that y' s'? Indian Wampaquewam had 
afterwards sold the s'? lands to m'^ Revell, & in our voyage 
to speake w-*" Wappaquewam wee met with his brother 
Mathetuson alias Mohey afores^, who did fully maifest unto 
us that hee (according to his brothers Informacon) did 
employ & giue power to bis brother Wappaquewam to sell his 
propriety of Land to m' Richbell, whom Wappaquewam 
enformed him would buy it of him, & withall did relate to 
vs severall of the particulars that the said John Richbell 
by agreement was to pay for the s'? Lands: Moreouer the 
$■? Mathetuson seemed to bee much disturbed in his Mind, 
That any Contract was made with any other for y^ said 
lands, hee affirming that hee knew not that any other then 
John Richbell had made any contract about it, untill hee 
came downe to the Sea Coast, wherefore m^ John Richbell 
did tell the s^ Mathetuson that hee was now come to settle & 
plant the same. And the said Mathetuson did giue him free 



i 



tlvn] Collateral and Illustrative Documents 651 

liberty to the same.onely desiring M' Richbell that hee might ^f^ 
bee payd for it, & not to loose his pay for a Neck & halfe (Sec. State) 
of Land, which hee was yet unpaid for: , 

To the former part were deposed John flSnch & Edward Mar. 11 

Griffin the i I'-i? of yf 1 ?' Moneth -^ ^',^,f 



Mar. 13 



62 

Before mee 

Rich: Lawes. 

To the latter part the s'^ John ffinch & Edw* Griffin & 

also Jacob Young haue deposed this ii- i"-^ 

Before mee 

Richard Lawes. 



The Deposicon of Peter Disbroe of Deeds 
Monussing Island aetatis suae 30''' (Sec. State) 

3. The s^ deponent upon Oath Testifieth, that Mf" Rich- 1661/2 
bell &c, went to Mr Reuell (then on the Island afores'^) & — '■ — 
warned Mt Revell not to buy the Land beyond Mamma- ^^^f^'^7^ 
ranock Riuer of the Indyans, for that (hee said) hee had ***'• '3 
bought it already: At that time Wappaquewam came to my 
house M'' Richbell and John ffinch being there also, the said 
Wappaquewam said hee was the Owner of the Land, & did 
in my hearing owne that hee had sold the land to m^ Rich- 
bell, but the other Indyans ouer persuaded him to sell it to 
M' Reuell, because hee would give a great deale more; The 
said Wappaquewam did also owne that hee had rec^ part 
of pay for the Land, of m"^ Richbell & John ffinch: This to 
my best understanding was y^ Indyans speech unto them; 
Also at the same time the said Indyan Wampaquewam did 
verbally offer unto M^ Richbell the pay that hee had rec? 



652 Province of New York 



Deeds Jn part for the s^ Land, But m' Richbell refused saying hee 
(Sec. State) would not receiue it, but according to bargaine hee would 



1661/2 



haue the land & pay him (the s^ Indyan) his pay: More- 
Mar. 12 over the said deponent saith that M' Revell being at his 
Recorded house (before the former discourse) that hee the said deponent 
Mai?'i3 ^^^ *^^^ ^^ Reuell that the Land was agreed for by John 

Finch, & some part of the pay paid. This deposed unto 

the 12^^ of i« ^: 

02 before vs 

Richard Laws 

Francis Bell. 



Deeds The deposicon of William Joanes of 

Monuss 
of age. 



(Seci State) Monussing Island about 22 yeares 



1662 4. The s"^ Deponent upon Oath testifieth, That Thomas 

.*_ Close & himselfe being mates, the said Close having beene 

^1*666/7 ^^ Oyster bay, upon his returne to Monussinge afores^ did 
Mar. 13 tell him that when hee was at Oyster bay. That John flinch 
& Henry Disbroe of Oyster bay did tell him, that John ffinch 
& m'' Richbell had agreed to purchase the land at Mam- 
maranock Riuer, & desired him not to discouer what hee had 
told them, for that hee had promised them to keepe silence, 
& if it should bee knowne that he had told him (the said 
Joanes) hee should then bee counted a Trayto^this was about 
September 1661 : Severall moneths after m^ Richbell & John 
ffinch & Edward Griffin being at Mammaranocke Riuer, & 
they waiting for the Indyans coming to them to receive that 
part of the pay for the land as was agreed then to bee paid, 
& m^ Richbell had then by him; They wanting bread sent 
for some to the Island Monussing, wherefore the s'? Deponent 



[lxvtJ Collateral and Illustrative Documents 653 



went & carrved them some: When to the land hee came, m^ Deeds 

2:195 

Richbell had there sett up a Shedd to shelter from the weather, (Sec. State) 
& tooke possession there, staying for y® Indians to receiue the 
pay as was promised, M'' Revell being then at Monussing, & Apr. s 
hearing that M'' Reuell came to buy the land, did tell m' Recorded 
Richbell what hee had heard: Wherefore m^ Richbell & ^^^{\ 
John ffinch & my selfe came to Monussing, m"^ Richbell 
saying that hee would purposely goe to forewarne M'^ Reuell 
not to buy the land, being hee had already agreed for the 
same: When to Monussing they came, there was some of 
the Indyans that had sold y? land viz' Cakoe & wappaque- 
wam, who would haue secretly gone away (as they judged) 
but that John ffinch spyeing of them, called then againe, 
saying to them, are you ashamed of what you are doeing; 
Then at peter Disbroes house the said Cakoe & Wappaque- 
wam did tender to m^ Richbell & John ffinch the pay againe 
which they had rec'' in part of payment for the Land, but 
they refused, John ffinch & m'' Richbell saying to them that 
they would stand to y? bargain that they had made: The 
said Wappaquewam did there fully owne that hee had sold 
the Land to m^ Richbell & John Finch: Stamford Apr f?"* 

1662. given before mee 

Rich: Lawes. 
The originall was Interlin'd 

before deposed (unto) in the 

28^ line, (And M^ Richbell) 

In the 13^ line (Monussing). 

Deeds 
The Testimony of Jonathan Lockwood (Sec state) 
being aged 30. yeares or thereabout. 1665 

Apr. 4 

6. Saith, I being at peter Disbroes, & m^ Thomas Reuell Recorded 
being there present, I heard m- Revell say hee was buying jj„^ '^^ 



654 Province of New York [livn] 



Deeds a parcell of Land of the Indyans of the West side of Mam- 

(Sec! State) maranock River to m^ Pells land & I wish't him not to 

medle with it, for it was already bought by m' Richbell, & 

Apr. 4 I was a wittnesse to it, I see a part of the moneys payd for 

Recorded it by m^ Richbell, M^ Revell made this answer to mee, that 

j^% howsoever hee would buy it, & M^ Ritchbell & hee would try 

for it afterwards: ffarther this Deponent saith not. 

Given in upon Oath before mee, Stamford Apr. 4^ 1665 

Rich: Lawes. 

Taken out of the Records & compared there with this 

23^ of August 1665 

^ me John Allyn Recorder. 



p'^^g [John Richbell's Patent at Mamaroneck.] ' 

1:33 
(Sec. State) Francis Lovelace Esq' Whereas there is a Certain parcell 

1668 or tract of Land within this Gover[n]ment upon ;he Main 

^ ' ^ Contained in three Necks of which the Eastermost is bounded 

with a Small river commonly Called Mamaroneck river being 

also the East bounds or limits of this Gover[n]ment upon the 

Maine & the westermost with the Gravelly or Stony brook or 

river which makes the East Limitts of the Land Known by 

the Name of M*^ Pells purchase haveing to the South the 

Sound and running northward from the Marked trees upon 

the Said Necks twenty Miles into the woods which Said 

parcell or Tract of Land hath been heretofore Lawfully 

purchased of the Indian proprietors by John Richbell of 

Mamaroneck Gent in whose possession Now it is and 

his title thereto Sufficiently proved both at Several Courts 

of Sessions as also at the General Court of assizes Now 

for a Confirmation unto him the said John Richbell in 

' On the confirmation see also Deeds, vol. 4, p. 27. 



Oct. i6 



[lxto] Collateral and Illustrative Documents 655 



his possession & Injoyment of the premisses Know ye i*"* 
that by vertue of the Commission and Authority unto me 1 : 33 
Given by his royal Highness I have Given Ratified & 
Confirmed & Granted and by these presents do give i668 
ratifie Confirm and Grant unto the Said John Richbell his 
heirs and assigns all the aforementioned parcel! or tract of 
land as aforesaid Together with all woods beaches Marshes 
pastures Creeks Waters lakes fishing Hawking hunting and 
fowling and all other profits Commodities and Emoluments 
to the Land parcell or Tract of Land belonging Annexed 
& appertaining with their & Every of their appurtenances 
and of Every part & parceell thereof and in regard of the 
distance of the plantations already Settled or to be Settled 
upon the said necks of land from any Town the persons 
inhabiting or that Shall Inhabit thereupon Shall have a 
petty Constable Chosen amongst themselves yearly for the 
preservation of the peace & Dicision of Small differences 
under the value of fourty Shillings and they Shall be Excused 
from all Common attendance at Trainings or other ordinary 
duties at Westchester But in Matters of assessment & Pub- 
lick rates they are to be Taxed by the officers of that Town 
to the which they properly belong being the nearest unto 
them To have and to hold the Said parcell and tract of 
Land in the Said three Neecks Contained and premisses 
with all and Singular the priveledges & appurtenances to 
the Said John Richbell his heirs and assigns to the proper 
use and behoof of the Said John Richbell his heirs & assigns 
forever as free land of Inheritance rendring and paying as 
a quit rent yearly and Every year the value of Eight bushels 
of Winter Wheat upon the five and twentieth day of March 
if demanded unto his royal highness and his heirs or to Such 
Governour or Governours as Shall from time to time be 
appointed & Sett over them Given Under My hand & Seal 



656 Province of New York Uxvii] 



Oct. 16 



Land g^ ffoj^ Tames in Newyork on Manathans Island the Six- 

P&Dcrs 

1 : 33 teenth day of October in the twentieth Year of the Reign of 

our Soveraign Lord Charles the Second by the Grace of 

1668 God of England Scotland fFrance & Ireland King Defender 

of the faith &c Annocp Domin[i] 1668 

Francis Lovelace 

Recorded by order of the Governour the Day and year 
above vs^ritten 

Endorsed: Copy of John Richbells 
Patent from 
Governour Lovelace 
17 [sic] Octr 1668 



C- A. A speciall warr' for hearing at y* Assizes * 

2 : 204 ^ & / 

(NYSL) 

Whereas John Richbell of Momoronock hath made Com- 
1669 "^ 

Sept. 13 plaint unto me That you Thomas Pell of Anne Hooks neck 

Doe unjustly detaine & keep from him a certaine parcell of 
meadowe Ground lyeing & being neare unto or upon one 
of y* three necks of Land at Momoronock, And he y? said 
John Richbell hauing Peticoned me That the Title & clayme 
on each parte may be heard & determyned at y* Assizes, 
These are in his Ma'"*^ name to require you to appeare at 
this next Gen'" Court of Assizes to be held in this Citty 
beginning on y' first vpednesday in y? month of October next. 
Then & there to make Ansv^er to y? Complaint of y? said 
John Richbell, upon y? Tryall of your Title to y' said mead- 
owe Hereof you are not to fayle at your perill. Given und' 
my hand & scale at fFort James in Newe Yorke this 13*'' day 

' For an order of same date, see Orders, Warrants, Letters, vol. 2, p. 534; 
also an earlier reference to the dispute in ibid, p. 334 (February 17, 1668/9). 



Collateral and Illustrative Documents 



657 



of September in y? 21''' yeare of his Ma*'*^ Raigne Annocp C- A. 

Domini 1669. (nVsl) 

[Francis Lovelace.] 

To Mr Thomas Pell at «sl^f^' , 

oept. 13 

Anne Hooks neck or elsewhere. 



G. E. 
4:39 



A Speciall Warr- for Jeremy Cannon, ats 

Dorman, James Mott, Roger Pedley to (KYSL) 
appeare at y^ Assizes to answer M'' Pell 
in a Case of Trespas. 



Whereas M' John Pell of y* Manno'' of Anne- Hooks Neck 
hath made Complaint unto mee that Jeremy Cannons ats 
Dorman, James Mott, Roger Pedley, & James [blank] a 
Serv* belonging to M"" John Richbell of Momoronock, have 
together or apart at severall times coiriltted a Great Tres- 
pass, in carrying away severall parcells of Hay made up in 
Stack upon his Land, & there being one Stack of Hay 
lately burnt upon y* said Land, of w''*' there is great suspition 
one or more of the persons aforemenconed are guilty; These 
are in his Ma'"^^ Name to require y* said Jeremy Cannon 
ats Dorman, James Mott, Roger Pedley and James [blank] 
M'' Richbells Servant as aforesaid. That they make their 
Appearance at y* next Gefi" Court of Assizes to be held in 
this City beginning on y^ first Wednesday in October next, 
w"*' will be on y* fourth day of y^ said Month, then and there 
to make Answer to y^ Complaint of M"" John Pell in y* Matters 
aforesaid, & that they forbeare y^ giveing y^ said M"^ Pell any 
Molestacon by carrying away any more Hay from y] said 
Land untill y" difference between him & M'' Richbell about 
their Title be decided. Hereof They nor any of them are 
not to faile as they will Answer the Contrary at their Perills. 
Given under my Hand & Scale at Forte James in New Yorke 
[42] 



1671 
Sept. 22 



658 



Province of New York 



[lzviiJ 



^:^- this 22*'' day of September in y* 23"* yeare of his Ma"" 

(irirsL) Reigne, Anno^ Dm 1671. 

Fran: Lovelace 
1671 

Sept 22 Y^ j^^^jj Young of Ann-Hooks Neck, 
or any other person whom M' Pell shall 
Employ upon this Occasion to see this 
Speciall Warrant served, & returne made 
thereof at y* Assizes. 



G.E. 

4:59 

(HYSL) 



1671 
Oct. 31 



Commission" appointed to View y® Bounds 
in difference between M"" Pell, & M' 
Richbell 

Whereas It was ordered at y* late Genr" Court of Assizes, 
That some persons of good Judgm* should bee appointed to 
view y' Bounds in difference between M*^ John Pell, & M' 
John Richbell, w''*' divide Anne-Hooks Neck and Momo- 
ronock, of y" w"^ They are to make Reporte unto mee. To 
y^ end a Conclusion or Composure may be made about that 
Matter, These are to desire and Authorize you Cap' Dudley 
Lovelace, Cap' Jaques Cortelijau, M' Elyas Doughty, Cap' 
Richard Ponton, & M*^ John Quinby who are y* Persons 
that then were appointed by y^ Court, that you some time 
this p''sent week, at a p'^fixt day to be agreed upon amongst 
yo''selves, repaire upon y' place, & there by yo' view & 
Enquiry of persons acquainted with those Bounds, receive y' 
best Informacon you can, & make Reporte thereof, with 
your Judgm' thereupon unto mee; ffor y' doeing of w"^** 
This shall be your Warrant. Given under my Hand at 
fforte James in New Yorke this 21"^ day of October. 1671. 

ffra: Lovelace 
To y* Corn"" appointed by 
y* Court of Assizes. 



[lIvti] Collateral and Illustrative Documents 659 



An Ordr about M' Pell & MT Richbell. ©• ?„• 

(ITYSL) 
Whereas an Ord' issued forth at y' Last Gen'" Court of 
Assizes, concerning a Matt' in difference between M^ John ja^'il 
Pell, & M' John Richbell on behalfe of some others who 
were Sued as Trespassers, whose Cause M' Richbell under- 
tooke to Defend, They being employed by him. And accord- 
ing to y' said Ord' Commission" haveing mett, & been upon 
the place, & made Reporte of y" Judgm'% but noe Con- 
clusion or Agreem' of y" Difference hath yet been attained 
unto, Soe that Suite is made to have a Tryall of their Title 
at a Speciall Court of Assizes, as was Ordered at y' Court 
aforemen coned. In Prosecucon of y® said Ord' of Assizes, 
since all wayes of an amicable Composure have proved 
fruitless, I have thought fitt to Ord' & Appoint That Tues- 
day y" 6"' day of ffebruary next shall bee the Day of Meet- 
ing of y* said CoT* to heare & Determine y* Matter in Dif- 
ference between y* said Persons at the State-House in this 
City. In y' meane time they may on both sides prepare 
themselves for a Tryall. Given under my Hand at fforte 
James &c: this 16"' day of Jan"^. 1671. 

[Francis Lovelace.] 



An Ord' about M' Pell, & M'. Richbell. G- E. 

(HYSL) 

Whereas an Ord' issued forth at y' Last GenT" Court of jg-, « 
Assizes concerning a Matter in difference between M' John J*°« ^^ 
Pell, & M' John Richbell on behalfe of some others who 
was sued as Trespassers, whose Cause M' Richbell under- 
tooke to Defend, both of them laying Clayme to y' same 
piece of Land, whereupon Complaint was made that Tres- 
passe had been committed. And according to y' said Order 
Comission" haveing mett, & been upon y' Place, but noe 



66o 



Province of New York 



LLXviiJ 



G. E. 

4:91 

(NYSL) 

1671/2 
Jan, 18 



Conclusion or Agreem' was made by them, nor amongst 
themselves, soe that they sue to have a Tryall at a Speciall 
Court of Assize as was ordered at the Court aforemen coned; 
In prosecution of y^ said Order of Assizes, and at y* Request 
of the Partyes, I have thought fitt by Consent to Order and 
appoint That Thursday the first day of fFebruary next shall 
bee the Day of Meeting of y^ said Court to heare and deter- 
mine the Matter in difference between y* said Persons at y' 
State-house in this City; In y* meane time They may on 
both sides prepare themselves for a Tryall by a Jury or 
the Bench. Given under my Hand at fforte James in New 
Yorke this 18"' day of January. 1671. 

[Francis Lovelace.] 

A Sub-poena was then sent forth to Summon M'' Robert 
Pennoyer of Momoronock, & M'' John Archer of fFordham 
to give in their Evidence at y"^ said Court, concerning the 
difference between M' Pell, & M"' Richbell. &c. 



G.E. 

4:92 

(HYSL) 

1671/2 
Jan. 18 



Another Ordf about y* difference 
betwixt M^ Pell & M^ Richbell. 

The Reporte of y* Commission" appointed by y^ Cor* 
of Assizes to View the Bounds in difference between M' 
John Richbell & M'' John Pells Land haveing been delivered 
unto mee Sealed up, & now opened and read before mee & 
my Councell, Vpon perusall & Consideracon had hereupon, 
I finde that two of the Commission" have made Reporte, 
That between y'= two Brooks in Dispute called Stoney & 
Gravelly Brooks there is a Tree markt on y" East side with 
J. R. & on the West with T. P. from the which if there were 
a Line runn directly downe to the Sound, it would divide 
y^ Meadow in difference in the middle, & putt an End to 
y* Matter in question, but neither of the other three Com- 



iLxm] 



Collateral and Illustrative Documents 



66i 



mission" agree amongst themselves as to their Opinions 
of the Bounds. Wherfore in regard that I am very desireous 
an amicable Composure of this Difference may bee made 
betv?een both partyes, I doe recommend the Reporte of the 
two Commission" to bee Observed as a Medium to end 
all Differences. However if either Party shall not seem 
satisfyed therewith, They have still Liberty to proceed to 
a Tryall before a Speciall Court according to y" Order of y° 
Last Geri^" Court of Assizes. Of their Resolucons here- 
upon a speedy Answer is expected, That Order may bee 
taken accordingly. Given under my Hand at Forte James 
in New Yorke this iS'*" day of January. 1671. 

[Francis Lovelace.] 



G. E. 
4:92 

(mfSL) 
1671/2 

Jan. 18 



G. E, 

,-■♦ = 95 



Another Ord!^ about M"^ Pell & Mr 

Richbell made after their Agreem' (NYSL) 
or Composure. 



Whereas there is an Amicable Composure made of y^ 
difference between M*^ John Richbell & M"" John Pell con- 
cerning the Neck of Land lyeing between Stoney & Gravelly 
Brooke to the Eastward of Anne-Hooks Necks, y^w"^*" is agreed 
upon to bee divided equally between them, both Meadow & 
Vpland, quantity & quality alike, w'*' Agreem* I very well 
approve of; These are to require you that some time the 
next week or w**" your first Convenience you repaire hither, 
where you shall receive farther Directions concerning the 
laying out the said Neck of Land, soe to putt a finall End & 
Determinacon to that Dispute, of w"*" at yo' Returneyou are 
to render mee an Acco' & for soe doeing this shall bee yo' 
Warrant. Given &c: this 25"' day of January 1671. 

[Francis Lovelace.] 
To Cap' Jaques Cortelijau 

Surveyor Gefir" 



1671/2 

Jan. 25 



662 Province of New York [lxvui] 

No. LXVIII. 
NEW YORK AND MASSACHUSETTS BOUNDARIES. 



9'^' Lre from y' Governor & Councell of v* Massa- 

4:177 J ^ J 

(NYSL) -chusetts to his Hono^ Coll : fFrancis Lovelace. 

Sr 

.K&^i2 ^^^ salute you kindely. Our Allegiance to our Gracious 
Soveraigne, yours & our Safety, together w"" our just right 
to that part of y" Countrey, to y^ Northward of his Highness 
the Duke of Yorkes Territoryes beyound New Yorke, 
requires that wee endeavour Settlem' on that side of our 
Colony nigh Hudsons River, least through our neglect 
thereof, the ffrench settling in our Libertyes draw upon us 
his Ma''.'' Displeasure, & our Loss & extream p'judice, 
w*^*" wee are carefull to avoid. S^ wee feare your not likeing 
well of our Endeavo" herein; Wee doe therefore request 
that fFavour that you will bee pleased for our Accomodacon 
in that behalfe to permitt that some person or persons whom 
yo''selfe may think fitt for M' Jn° Payne to make choice of, 
for their Travailes & Knowledge of that part of y* Countrey 
& Wilderness, w"'in our Libertyes, may for his reasonable 
satisfaction make Discovery to him of such Place w'Mn 
our Rights as may bee most encouraging for settlem'; 
And that you will likewise bee pleased to signify to us yo' 
kinde Admittance, that wee as yo"' Neighbo" & Subjects of 
one Gracious Soveraigne may have free Egress, & Regress 
upon Hudsons River for Transportacon of People and Goods; 
w*^** will much ease our Charges therein, & yo^ kinde Returnes 
by our Messenger whom wee have trusted & employed in 



[Lxvhi] Collateral and Illustrative Documents 



663 



this AfFayre shall engage all amicable and like assistance 
wherein wee may serve his R : Highness & yo'selfe. 

& remaine. 
S^ Yo' HonoT^ humble Serv** 
Edw: Rawson Secf. 
In y* Name & by Ord' of y* Governo- 
& Councell. 
Boston in N: England 
y* izt"^ Mar: i672.» 



G. E. 

4:177 
(HYSL) 

1671/2 
Mar. 12 



[John Paine to Lovelace for Massachusetts.] 

To the Righ' Hono^*?'* Frances Lovelace Esq^ Govf 

Jn° Paine in persuance of the Matathusets desires oflFers to 
y°^ bono' and Counsel's Consideration. 

That wee conseive 
to deny yo' Neighbors the kings true Subjects ther priveledg' 
of fFree Passage vpp his Majes' Riuor for the Settlem' of 
Plantations within the Limits of ther owne Pattent Rights, 
In ordr to the furd' jncreas of his Majes' good Subjects, the 
defens° of those alredye Settleed (together w''' yor Selues allso) 
from the Intrusions of a fforrain Nation cannot consis' with 
that Justis, Reason and Natvrall Loue which wee doubt not, 
you may be said not only to haue butt to Owe to all his 
Majes' good Subjects, more Spetially to thos* whose Real- 
lity* & Redines to assis- you hath been well experienced in 
the Reduceing* this verrie Cittie, his Highness the Duke is 
now Master off. fFurder considering each others true fFreind- 
ship & Loveing Aide In thes times of Coinotion of the Nations 
may be as Requisite and more wellcom then before. One 
thing more wee offer, that when yo' hon'' & Counsell con- 

'The year in this case is 1671/2, not 1672/3, as might be inferred. 



Col. HSS. 

22:137 
(HYSL) 



1673 
[May?] 



664 



Province of Kew York 



[lxvuiJ 



Col. MSS. 
22:137 
(KYSL) 

1672 
[May?] 



suited the mattayhusets Proposalls, and thout it Reasonable 
to Grant yor keind assistance for o' discoverie, it was then 
Granted for o"^ jncoredgef ' that or Charges & Travils in that 
behalf shoold not bee (frustrate In case wee proueed Succes- 
full jn a discoverie within the mattathusetts Line to the Eas^ 
of Hudsons Rivor, which is Don. Now the mattathusetts 
true jntents herein Js the jmprouem' of ther owne Rights 
Only, the jncreas off Plantations, and his majes- Subjects, 
and ther defense against the jnvations or jntrutions of a 
fForrain Nation and no vnkeind or PoUitick deuise to Expand 
ther Line Or Possesions vppon anie part of his Highnes y* 
Dukes Jus- Rights. 

Wee therfore desire you will Pleas, as our assurance of 
yo!^ like affection and keind Corrispondance, to be Possitiue 
in determining* in the affirmatiue y' wee haue ou*^ ffree 
Passag? And to Ceas all missapprehentions, If you shall 
think ffitt to grant or desires with that Restriction y. wee 
Settle no Plantation on the wes'w"? Side of Hudsons Riuor 
vntil the dissisiue Pattent Lines between his highnes y* Duke 
& y' Mattathusets Bee ffairely Runn wee shall therto mani- 
fest o' ffaire Complyance and keind acceptance and Remain 

Yor Honor' hum"' Serv'" 
Endorsed: [Not signed] 

M'' John Paines 

addresse to the Gover- 
nor touching the 
Massachusetts &c 
1672. 



G.E. 

4:178 

(HYSL) 

167a 
Auc. 8 



The Governo" Answer to y" Letter of the 
Massachusetts, by M' Paine Aug: S^*" 1672. 
Sr 

I receiv'd yor Lettr of y" 12-'' of March 1672. by the 
hands of M' Jn? Paine, a Person very fitt for such an Vnder- 



tivm] Collateral and Illustrative Documents 665 



taking you designed him, being of a temper Active & of a ^- ^* 
singular good Comportment, & haveing perus'd the Contents (NYSL) 
of it, I found it noe Difficulty in mee to comply w"' your 
Desires, where I saw it did not oppose the Current of my Aug. 8 
Royall Masters Interest; I must confess those generous 
Cogitacons of yours to enlarge yo^ Territoryes, might doubt- 
less have mett with more satisfaction, both to yo*^ Selves, & 
all other Neighbouring Colonyes, w'^'' bound on yo^% if these 
Resolucons of yours had been started, when his Sacred 
Ma"* who wisely foreseeing y° Inconveniencyes that might 
arise by y* uncertainty of Bounduaryes, happening from 
erronious Principles, as Variacon of Compasses, & other 
Obscuryties, traced by immaginary Lines, where though 
the Error at the first setting forth may appeare but incon- 
siderable, yet by y* vast extension of it; will at length termi- 
nate into a palpable Encroachment, if then I say this Designe 
of yo"'^ had been revealed when his Ma'" out of his Princely 
& Paternall regard to these his American Dominions, was at 
that large Expence to comissionate Persons of known Integ- 
rity to make Inspection into severall publick affayres; 
Amongst other things, this in particular was recommended 
to their consideracons, t'is more then probable a positive 
Determinacon would have ensued, & freed us from all 
future Doubts & Jealousyes, by affixing such Stations to 
each Lymitts as might have assured each Colonyes their 
undoubted Rights and possessions. But I waveing any 
Expostulacon that concern'd the time before I had y* Hono' 
to assume this Charge of my Royall Master, I am now only 
to assure you how ready I was & shall bee to comply w*** each 
Desire of yo' Letter; How amicably I receiv'd yo' Mes- 
senger, (in w'^'' I had regard to yo^selves as well as to his own 
merritt) I leave to his Candor & Justice to informe you, & 
because w"* those I desire to converse w*** by all mutuall 



666 



Province of New York 



iLIVIli (•)] 



1672 

Aug. 8 



^- ^' ffriendship & Correspondency, my Nature is to deale frankly 
(NYSL) & openly w"" them, I am to informe you that haveing a fitt 
Opportunity to signify these Resolutions of yo" to my Royal! 
Master, I have transmitted them thither, hoping before you 
will be ready to putt this your AflFayre into practice (the 
unhospitableness of the yeare approaching) I may bee fur- 
nisht w"' such Directions from him as may bee both agree- 
able to your Desires, & free mee from the Imputation of 
Precipitateness in too positively determining an AflFayre of 
that Weight, without his Privity. 

For the other part of your Letter concerning y* {French 
your fFeares may be cured now, by the strict Vnion that is 
betwixt the two Crowns. S^ If in this or any other civill 
AfFayre, I may anywayes bee advantagious to you, prepare 
but your Directions, and I shall soe comply w'^ them as one 
that desires to bee known by the Compellation of 
Sr 

Yo' very humble Servant 

Fran: Louelace. 
N: Yorke. Augf 
y* 8?" 1672. 



No. LXVIII (a) . 

MASPETH KILLS — CONFIRMATION OF 
TO HENDRICK JANSEN. 



LAND 



Patents 

3:106 

(Sec. State) 



A Confirmacon Granted unto Hendrick Jansen for a 
parcell of Land upon Long Island at Mashpeth 
Kills. 



1672 
May 20 



all 



Francis Lovelace Esq' &c Whereas y^ Surveyo' Gen 
M' Jaques Cortelijau did heretofore by Ord- of y' Dutch 



[iSJ Collateral and Illustrative Documents 667 



Governour Petrus Stuyvesant Survey & lay out for Hendrick Patents 
Jansen a certaine parcell of Land upon Long Island in (Sec. state) 
Meshpath Kills within the Jurisdiction of Newtowne lyeing 
& being on the North-East side of fFrancois Hendrickse, May ao 
and on the South-West side of Jan Hendrickse, stretch- 
ing on either side upon a North-West Line, conteyn- 
ing in Breadth fFourty Rodd, & in length one hundred & 
seaventy Rodd, In biggnesse about two & twenty Acres or 
Eleven Margen & two hundred Rodd; Together w"" a piece 
of Salt Marsh or Valley between Gijsbert Elberts & Jan 
Hendricks of about two Acres or one Margen; as also a Lott 
of Land between Joris de Capres & Jan Hendricks in Breadth 
ten Rodd & in length from the High-Way to the Meadow or 
Valley. All which the said Hendrick Jansen hath for severall 
years been in Possession of & hath Planted and manured the 
same. Now for a Confirmation unto him the said Hendrick 
Jansen in his Possession & Enjoym* of the Premisses &c: — 
The Patent Dated May zo'.*" 1672. 



No. LXIX. 

SCHENECTADY — DISPUTE AMONG THE 
TAPPERS. 



Lycence for Cornelijs Corneli jssen Vielen of Schanechtide <». E. 
to tapp Strong Beer & Liquo"? there &c: KYSL) 

Whereas Cornelijs Comelijssen Vielen of Schanectide 1671/2 
haveing made his Address to y* Commissaryes at Albany, 
desireing hee may have Liberty to tapp Strong Beer & 
Liquo", & to keep an Ordinary, in recompence of severall 
Services done by him between them & y^ Maques, the w*^** 



668 



Province of New York 



[lxizJ 



G. E. 

4:83 
(HYSL) 

1671/2 
Jan. 9 



They have recommended to mee for my approbacon, But in 
regard there is a Person already there, (by name Aques 
Cornelijssen Gantsh an Indyan that doth y' same by Lycence 
& Appointm' of my Predecessor Cott: Richard Nicolls 
would give noe Determinacon therein; And it being likewise 
rep'^esented thet y* said Aques hath not sufficient Accomo- 
dacon for Strang", w*^*" y' said Cornelijs Cornelijsen Vielen 
doth promise to be well provided off for y'' reliefe of Strang", 
& Travello". Vpon Consideracon had hereupon I have 
thought fitt to Graunt y* Request of y^ said Cornelijs Cor- 
nelijssen Vielen, & by these p'^sents doe give him free Lycence 
& Lyberty to tap or sell by Retayle Strong Beere or Liquo'* 
to Strang''^ & Travellers at Schanechtide; w"" this Provisoe, 
That this Lycence now granted shall not take away y* 
priveledge of y* former Lycence given by my Predecesso' 
to Aques; And that y" said Cornelijs Cornelijssen doe keep 
fitting Accommodacon for Men and Horses, but doe not 
p'sume to Sell any Strong Liquo" to y* Indyans to cause any 
disturbance that way under y* penalty of forfeiting this 
Lycence, & paying such ffine as y* Law shall require. 
Given under my Hand at fforte James in New Yorke this 
9"" day of January. 1671. 

Fran: Louelace 



6. E. 

4:133 
(IfYSL) 

1672 
May 6 



An Ordr about y' Tapp" at Schanechtide. 

Whereas I am given to understand that some Dispute and 
Difference hath arisen between Cornelis Cornelijssen Vielen 
& Jaques Cornelijs about their keeping Ordinaryes or Tap- 
ping at Schanectide, for the w* the one had Lycence from 
my Predecessor Coll : Nicolls, and the other from my selfe, 
yet soe as that the one should not any way molest or hinder 
the other; Vpon Consideracon had thereupon, I have thought 
fitt for y° present to Ord' that Matt" between them shall 



[lxx] Collateral and Illustrative Documents 669 



remaine as heretofore, that is to say that both of them have G. E. 

Lycence to tapp without molesting y^ one y" other, soe that (HYSL) 

they regulate themselves according to y" Customes & Lawes 

in such Cases provided, & suffer noe Disorder thereby. May 6 

Given under my Hand at Forte James in N: Yorke this 6''^ 

day of May 1672. 

[Francis Lovelace.] 



No. LXX. 

DELAWARE — ENCROACHMENTS FROM MARY- 
LAND, NEWCASTLE ERECTED INTO A 
BAILIWICK, FORTIFICATIONS, WHORE- 
KILL AFFAIRS, ETC. 



[Certificate from the Whorekill about a Surveyor sent Col. MSS. 
there from Maryland.] ^YSL) 

27"' of April! 1672 

This morning appeared before vs Harman Cornelius and ^^1^ 
John Kipshaven who informe that a certaine pson by name 
M"' Jenkins who came into the Hoerkill and there surveyed 
severall lands in the bay & p'^tended Coiiiission from the 
Lord Baltemore threatning the Inhitants that denyeth his 
power that they shall be sent far intoMarylande, there to be 
punished whether he has Comission or noe is vncertayne 
these wee thought fitt to acquaint yo' bono' w"" to wayte yo' 
hono" further order — 

Witt Tom 
piete alrichs 
Walt*^ Wharton 
Ed: Cantwell 



670 



Province of New York 



[if^k] 



CoL HSS. 
30:35 
(HYSL) 

1673 
Apr. 37 



Endorsed: 



A Certificate from 
the Whore Kill, about 
a Surveyo'' sent there 
from Mary land. 
1672 



Col. HSS. 
30:29 
(HYSL) 



At a Councell held at Forte James 



in New Yorke. 
1672. 



May the 17 



th 



1673 

May 17 



Severall Matt" being taken into Consideracon relating to 
y' Government, & other AfFayres at Delaware, It was Ordered 
as followes. Viz' 

That for y' better Governm* of y*" Towne of New Castle 
for the future, the said Towne shall bee Erected into a Cor- 
pora con, by the Name of a Baylywick, That is to say. It 
shall bee Governed by a Baily & six Assistants, to bee at 
first nominated by the Governour, & at y' Expiracon of a 
yeare foure of the six to goe out, & foure others to bee chosen 
in their Places, The Baily to continue for a yeare, & then 
two to bee named to succeed, out of whom y^ Governo' 
will elect one; Hee is to preside in all y* Co^ of the Towne, 
& to have a double Vote; A Constable is likewise annually 
to bee chosen by y* Bench. 

The Towne Court shall have Power to try all Causes of 
Debt or Damage to the Vallue of ten pounds without 
Appeale. 

That y' English Lawes according to the Desire of the 
Inhabitants, bee Establisht both in y' Towne, & all Planta- 
tions upon Delaware River. 

That the Office of Schout bee converted into a Sheriffalty, 
& y* High Sherriffs power extend both in the Corpora con & 



[tri] Collateral and Illustrative Documents 671 



River, & that hee bee annually chosen by two being p''sented *-**'• ^SS. 
to the Governo', of whom hee will nominate & confirme one. (HYSL) 

As to y' Clause given in by the Offic" and Magistrates 
there, about having a free Trade without being obliged to May 17 
make Entry here, but that it may bee done there, paying his 
Ma"'^ Customes & Dutyes; It is thought fitt that the Deter- 
minacon thereof bee for the p'^sent suspended untill Direc- 
tions bee sent about it out of England, or some farther Con- 
sideracon had thereupon here. 

And for y" Matter of the Whore-Kill brought by Cap? 
Carr certifying that some person from Mary-land pretend 
Interest there, & seat themselves without Leave, The OflRc" 
are to take care that his Ma''f^ & his Royall Highness Interest 
there bee not infringed, and that they submit themselves 
to nor acknowledge any other Governm', unless they have 
Order to doe the same from the Governour here. 

By Ord^ of the 

Governo"^ & Councell. 



[Richard Perrot to Lovelace. Seeking Patents of Land at Col. MSS. 

(HYSL) 

Delaware, for Settlement near the Whorekill.] 20:36 

May it plese youre Honer 

In May Last my selfe with sume other Gentelmen of ,167* 

. June 31 

vergeney Came over to delieware to see the plase and Liking 

the plase wee made Choise of severall tractes of Land for 

our selfes and nabores and had made bolde to Haue given 

youre Honer A visitt had not one of our Companey falen 

ill so that wee implied M*^ waiter wharten ffor to paten our 

Land: now may it plese youre Honer About tenn dayes 

before I Came to seete the Marelande men Haue sarvaed it 

agane in the Lordes name I much fere it will disherten the 

Rest of the gentelmen from Cuming vp at the falle and sever- 



672 Province of New York [xii 



^^L^^P" all more of our nabores that would Cume vp at the fale of 

(HYSL) ' 



20:36 the lefe very Honest men and good House Keepers they 

desired me to take them vp sum land vphich I am doutfuU 
1672 '■ 

June 21 to doue vnlesse youre Honer will bee plesed to giue me 

permishon for it: I dout not but to se the plase well seted 
in tow or three yeares at the [faded] and A trade from 
London the plase is good and Helthf[ull] and wanteth 
nothing but peple I was in good Hopes I should haue had 
the Hapines to haue got vp before your[e] Honer left deliware 
but my hopes was in vaine I Hope youre honer will bee 
plesed to honer mee with A line or two whoe is youre faith- 
full and Obedient servant vnknone 

Richard: Perrot 
fFrom the Horkill 
June the 21: 1672 

If youre Honer plese to grant vs all the Land to vs ver- 
genianes that Heth betwene the Horekill and the moth[er] 
kill wee shall take spedey Care for the seating of it as may 
bee Expe[c]ted at so great A distance when Layed out 
acording to menes familise what good Land there maye bee 
found in the distance I know not at present wee Have A 
desire to be neare together as the plase will aforde In 
Agust I intend [to go] to vergeney for sum Occasione of 
bisnes and send vp my sonn 

R: P: 
Addressed : 

These 
ffor the Honered 
ffransis Loulis Esq' 
Governer and Captane Endorsed: 

generall of nue M"^ Perrot 

yorke p with Whorekill — 

Care June. 21, 1672 



[lxx] Collateral and Illustrative Documents 673 



Proposalls from Cap* Edmond Cantwell to ^°^- ^^S. 
his Hono' y^ Governor on y"= behalfe of (NYSL) 
himseife, & the rest of his Neighbo"^' y* 
Inhabitants at Delaware. 

1. That his Hono'' would please to give his Instructions Tt^^'^^I 
about the finishing y^ Blockhouse in Delaware, w'^'' standeth 

still in that posture his Hono"^ left it; It is high time that 
some speedy Order bee taken therein, in regard not only of 
the Troubles now likely to ensue from the Warrs in Europe, 
but that what is already expended thereupon will bee as 
good as thrown away by reason as it is now, it only stands & 
rotts; It is humbly conceived that the most efFectuall means 
to bee used for y'' Accomplishment will bee by a Gen^" Tax 
to bee imposed both upon Towne & River. 

2. That his Hono*^ would please to make some Order for 
the restrayning of Persons to goe amongst the Indyans w"* 
Liquo"^^ & Drink to sell, whereby great Mischiefe doth 
frequently arise; there being diverse of late that leaving 
their own Homes have taken what quantityes of Drink 
(& other Trade) they pleasd, & gone a hundred or two of 
Miles to the Indyans Plantations, & there (for a little 
proffitt) selling what that had to the Indyans, great Vproars 
and Disturbances have arisen, insoemuch as the Christians 
living near them have been putt into great fFrights, & unless 
great Wisdome had prevented, tis believed that Murder had 
many times been committed by y* Salvages meerly through 
that Occasion; It were very necessary that this Abuse were 
regulated. 

3. That his Hono^ would please to nominate some 
Person or other to receive the Quit Rents there, there being 
diverse persons who pretend they are ready to pay them if 
they knew to whom. 

[+3] 



674 



Province of New York 



[l£x] 



Col. MSS. A. And that in regard there hath been great Comp'''^ 
20: 29 ^ ° o ^ 

(NYSL) from Maryland (about Servants runn[ing] away from thence, 
l- ^ who pass thorough New Castl[e] that the Inhabitants of 
LJuly pj New Castle doe rather help to convey them away then stop 
them, & soe are accused as being instrumental! to their 
Escape, It were necessary some Order were made as to that 
particular; Empowering some Person at New Castle to 
grant Passes or Ticketts to People that pass to & againe in 
those parts (w'^'' person is to question & examine them) & 
also laying a ffine upon those who shall bee found to convey 
away such Persons as are Runn-awayes. 



Col. MSS. 
20:30 

(NYSL) 



Whereas y* Proposalls hereunto annexed 
were presented unto mee by Cap' 
Edmond Cantwell I have thought good 
to give this Result thereupon, together 
w"^ the following Ord" concerning the 
Regulation of Affayres in Delaware. 



1672 
Aitgust 



In Answer to y"^ first Proposal! about the New Block 
house at New Castle in Delaware; Since my former Ord" 
concerning y* finishing thereof have been noe better observed, 
I doe once more enjoyne them y^ compleating of it, before 
the first day of November next, & that under the penalty of 
one thousand guild''' Seaw' in case of Default; As to y^ way 
of raising a Tax or Contribucon for the Effecting thereof. 
It shall bee left to the Discretion of the Officers there either 
to raise it by the way proposed, or any other they shall 
judge most convenient. 

To y^ second concerning y*^ great Abuse in selling strong 
Liquo" to the Indyans, I doe hereby Order, & strictly 
enjoyne the Magistrates & Officers at New Castle & other 



[lxx] 



Collateral and Illustrative Documents 



675 



parts in Delaware River to cause the Lawes & Ord"'*' here- 
tofore made on that behalfe to bee more carefully & severely 
putt in Execucon for the future to prevent such Danger & 
ill Consequences as otherw^ise might thereby ensue. 

3. As to y^ third, That a Person bee nominated to receive 
the Quit-Rents in Delaware River, I have thought fitt to 
Order & Appoint Cap' Edmond Cantwell, who is to bee the 
p'^sent High Sheriff, to bee Receiver & Collector of the said 
Quitt-Rents, for the w'^'' hee shall have my Authentick Com- 
mission, & for his Trouble & paines therein, hee shall have 
a reasonable Allowance. 

4. And as to y^ fourth about the Runn-away Servants 
that frequently pass through Delaware either in coming from 
or goeing into Maryland & Virginia, It is ordered that noe 
Person or Persons, but such as have Passes and Certificates, 
or can give a good Acco' of their Travailes towards these 
parts, or goeing from hence, shall bee permitted to travaile, 
but shall bee apprehended, & kept in safe Custody, untill 
it bee made known what they are, & to whom they doe 
belong; The Care hereof is to bee committed to y^ BaylifF of 
New Castle, & y" High SherifFe, who are to Act joyntly 
herein, both as to the Examining of their Ticketts or 
Passes, and likewise to give Ticketts to such as shall 
have Occasion thereof; And noe person is to presume 
privily to conceale or convey away any such Servant, but 
if hee bee acquainted therew***, that hee give Notice of any 
such Runaway unto the Magistrates or Officers under the 
penalty of [blank]. 

It is likewise Ordered, That Cap' Jn? Carr, y* present 
BayliflF, & High-Sherriffe, M^ W" Tom, & M^ Hans Block, 
or any three of them have Inspection into y^ Arreares of 
the Quitt-Rents, the ffines about the Long ffinn, as also the 
Taxes & Rates for the keeping the High & low Courts in 



Col. MSS. 
20:30 

(NYSL) 

1672 
August 



676 



Province of New York 



[lxxJ 



Col. MSS. 
20: 30 

(NYSL) 

1672 
August 



New Castle & Delaware River, & all other publick Rates and 
Taxes, to make Enquiry how & where they have been dis- 
posed of, or in whose hands they are, and where any per- 
sons are in Arreare to levy the same by Distress; Of all 
which they are to render mee an Exact & speedy Acco' that 
all Abuses therein may bee regulated. 

Whereas his Ma";"= hath been pleased to give Order that 
his Declaracon of Warr against the States Geri?" of the 
Vnited Belgick Provinces, should bee proclaimed in all his 
Colonyes & Territoryes, It is ordered That forthwith after 
y*" Arrivall of Cap' Edmond Cantwell at New-Castle the 
said Declaracon is publickly to bee read there, & also at 
the Whore-Kill as soon as Opportunity shall p'^sent to send 
from thence thither. 

That the great Gunns bee w**' all convenient speed sent 
up to the Block-houses in Delaware River according to my 
former Ord% And that the greatest bee disposed of accord- 
ing to the distance of the Places. 

As to y" Determinacon of y^ Busyness between Foppe 
Outhout & Isaack Tyne w'^'^ soe long hath been in Dispute, 
That the Ord^" made by the Co?^ at New Castle concerning 
the same bee inspected & examined into by y* p'^sent Bay- 
lifF & Assistants in y* p'^sence of Cap' Carr & M"^ Tom, or 
one of them, who together are to make a finall result there- 
upon, there having been some Misinformacon heretofore given 
unto mee, as to that particular AfFayre, w'''' is the Occasion 
of it's being now called in question. 

And Lastly, It is to bee taken notice of. That although there 
is an Alteration as to the Offic^^ & holding of Courts at New- 
Castle, yet this doth noe way intrench upon the Priveledges 
of the High Court for the Towne & River, w"^** is to con- 
tinue in the same manner it did formerly without any Moles- 
tation or Interruption upon this or the like Accompt. 



[lxxJ 



Collateral and Illustrative Documents 



677 



Given under my hand at Forte Tames in New Yorke this Col. MSS. 

20 : 30 

[blank] day of August in the 24'^ yeare of his Ma"^'^ Reigne, (NYSL) 

Annoc]^ Domini 1672. 

[Francis Lovelace.] August 



The Governo"^^ choice of Offic" for y^ Whore-Kill. 

Vpon y"' Returne of a double Number from y" Inhabitants 
at the Whore-Kill in Delaware Bay for Schout & Cofnissaryes 
I doe approve of Hermanus Fredrick Wiltbank to bee Schout, 
& of Ottho Wolgast, William Claesen, & Isaack Savoy to bee 
Comissaryes for the space of one yeare ensueing, after the 
Expiration of which time they are to make a New Returne. 
Given under my Hand at fForte James in New Yorke. Aug: 
y' first 1672. 

[Francis Lovelace.] 



G.E. 

4: 180 

(NYSL) 



1672 
Aug. I 



Commission for M'' Peter Alricks to bee 
BaylifF at New Castle in Delaware. 

Whereas M"^ Peter Alricks is one of y^ two Persons whose 
Names are returned unto mee, out of which to make choice 
of one to bee BaylifFe of the Corpora con of New Castle in 
Delaware River, Haveing conceived a good Opinion of y^ 
ffittness and Capacity of the said Peter Alricks to officiate 
in that Employm', I have therefore nominated & appointed, 
& by these Presents doe hereby Nominate & Appoint him 
the said Peter Alricks to bee BaylifF, & Principall Civill 
Magistrate at New Castle aforesaid for the yeare ensueing, 
of the which all Persons concerned are to take Cognizance, 
and to give him that respect and Obedience as is due to his 
Office & Charge; And the said Peter Alricks is in all things 
& matters relating to his Employment to bee Regulated by 



G.E. 

4:179 

(NYSL) 

1672 
Aug. 2 



678 



Province of New York 



LlxxJ 



G. E. ye Lawes of this Governm', and such Instructions as already 
(HYSL) have been given by mee and my Councell for y" Ordering of 
AfFayres in that Corporation, or such other Ord" and Direc- 
tions, as from time to time hee shall receive from mee. 
Given under my Hand and Seale at Forte James in New 
Yorke this 2? day of August in y^ 24''' yeare of his Ma''^ 

Reigne, Annoq) Dm 1672. 

[Francis Lovelace.] 



1672 
Aug. 2 



G. E. 

4:188 
(HYSL) 



1672 
Aug. 12 



To Philip Calvert Esq^ Governo' of 
Mary-Land. August 12-'' 1672. 
ST 

I thought it had been impossible in these portending 
boysterous times, wherein all true hearted Englishmen are 
buckling on their Armo^ to vindicate their Hono^^ & to 
assert y*" imperiall Interests of his Sacred Ma'""^ Rights & 
Dominions, that now (without any just ground either given 
or p''tended) such horrid Outrages should bee committed on 
his Ma"'''' Leige [sic] Subjects, under y" protection of his 
Royall Highness Authority, as was exerciz'd by one Jones, 
who w"^ a Party as dissolute as himselfe took y"^ paines to 
ride to y^ Whore-Kill, where in Derision and Contempt of the 
Dukes Authority bound y^ Magistrates, and Inhabitants, 
despitefuUy treated them, rifled, & plunder'd them of their 
Goods; & when it was demanded by what Authority hee 
Acted, answerd in noe other Language but a Cockt Pistoll 
to his Breast, w'^'' if it had spoke, had forever silenc'd him. I 
doe not remember I have heard of a greater Outrage & Riott 
cofriitted on his Ma''"^ Subjects in America, but once before 
in Maryland. S'^ you cannot but imagine his Royall High- 
ness will not bee satisfyed w'^ these violent Proceedings, in 
w"^** ye Indignity rebounds on him; Neither can you but 
believe. It is as easy an Vndertaking for mee to retaliate 



[lxxJ 



Collateral and Illustrative Documents 



679 



the same Affront on Jones his Head & Accomplices as hee 
did to those indefencible Inhabitants; But I rather chuse to 
have first a more calme Redress from you, (to whom I now 
appeale) & from whom may in Justice expect that Right in 
y® Castigation of Jones cum Socijs, that yo"^ Nature & the 
Law has provided for; Otherwise I must apply myselfe to 
such other Remedyes as the Exigence of this Indignity shall 
perswade mee to. Thus leaving it to your Consideracon, I 
still remaine 

Yo'' very humble Servant 

Fr: Louelace. 
Forte James in New Yorke 
y« la**" day Aug: 1672. 



G. E. 
4: 188 

(NYSL) 

1672 
Aug. 12 



[Carr to Lovelace. Whorekill and Maryland.] 
S^ 

According to your Hon"^"" order we sent thos[e] papers to 

the Horekill by M*^ Wharton where they found noe recep- 
tion, I need not giue your Hon"^ the resons, for your Hon'' 
will find them in the papers inclosed taken by M'^ Wharton, 
the number of men and horse that came to the Horekill was 
but thirty, but they were sixty halfe way, where meeting M'' 
Parrott going to Acamake and soe to Virginia and vnder- 
standing by him there was noe other forces from your Hon"^ 
but the Inhabitants of the Horekill thirty Horse was sent 
back to Maryland this M*^ Parrott is a gentleman seated 
near the Horekill by your Hon'^'' Patant, the Horekill boat 
is come heere with fower of the Inhabitants and desiers to 
take a tract of land vp the River neare your Hon'^'' Land, 
they say before they came from thence Harmanus and 
Sanders was returned from S' Maries, who brings newes that 
in Maryland they are Leviing a Considerable force to bring 
this place and soe fare vp the River to the degree fforty 



Col. MSS. 
20:37 

(NYSL) 

1672 
Sept. 27 



68o 



Province of New York 



UxkJ 



Col. MSS. northerly vnder theyr obedience, we shall know more when 

(NYSL) Cantwell returns with Answer of your Hon"^^ Letter, which 

I shall dispatch to your Hon"^ with all expedition, I haue not 

Sept. 27 else but waite your Hon*"^ Comaunds, and Subscribe my 

sealf as in duty bound S"" 

Your Hon'^'' most fFaithfull and obedient servant 



[Ne]w Castle 27"" 
[Se]pt. 1672. 

Addressed: 

Thesse 
fFor Generall ffrancis 
Louelace 
Hast post Hast New yorke. 

John Carr 



John Carr 



G. E. 

4: 211 

(HYSL) 



1672 
Oct. 7 



[Lovelace to Carr. Whorekill and Maryland.] 

Lett^ to Cap' Carr. 
Cap' Carr 

The Lettr^ you send by the Express over Land came safe 
to my hands w'*" the enclosed Relacon & Papers concerning 
the Whore Kill, & the Marylanders forcible possessing them- 
selves of the Place, as also of the Goods & Estates of some 
of the Inhabitants, of w'^'' wee had some Rumo'^before, but 
did not give much Credit to it, supposing what was done 
before to bee the rash Action of some private Person, not 
thinking the Authority of Maryland would invade his 
Royall Highness Territoryes w"^^ hee hath been possest of 
for near 8 yeares w^'out giving the least Overture of it to mee, 
who am here his Royall Highness his Deputy. Their 
former violent Action & fForce upon those poore unarmed 



[lxxJ Collateral and Illustrative Documents 68 1 



People, together w"" the particulars of their Plunder, I had G. E. 
immediate Opportunity of transmitting to his Royall High- (nVsL) 



1672 



ness by a Ship then bound away for London, the w* I made 
use of, & recommended their Case, & I hope it hath long Oct'. 7 
ere this arrived his Hands, soe that some Directions about 
it may bee expected in a short time, till when I think it 
best for the present to leave matt'^^'' there as they are; But as 
to the Cloud w*^*" likewise hangs over yo'' heads at Delaware, 
w"^*" its said they are making Preparacons to invade. My 
Instructions & Orders to you & the Officers in Gen?" are, that 
you putt yo^ selves into the best posture o f Defence possible 
you can, by fitting up the ffort in the Towne, keeping yo"^ 
Companyes in Arms both there & up the River, who are 
to provide themselves w"^ fitting Ammunicon, & that all 
Souldyers bee at an houres Warning upon any Alarum or 
Ord" given; That in the Towne especially you make yo^ 
Guard as strong as you can, & keep a strict Watch; And if 
any Enemy comes to demand y^ Place, That you first desire 
to know their Authority & Commission, & how it comes to 
pass those of Maryland should now make such an Invasion, 
after soe long quiet possession of those parts by his Royall 
Highness his Deputyes under his Ma'"'^ Obedience, & by 
other Nations before that, severall yeares before the Date of 
the Lord Baltimores Patent, whom they never disturbd by 
Armes, & whose right is now devolv'd upon the Duke. 
Stand well upon your Guard & doe not beginn w"' them, 
but if they first break the peace by firing upon yo*^ Guards 
or any such hostile Action, then use all possible means to 
defend yo' Selves and the Place, & command all his Ma''.^ 
good Subjects to bee ayding & assisting to you, who I hope 
will not bee wanting to their Abilityes; In all Matters of 
Concerne you are to take Advice of the chiefe Officers there, 
This will come to you by yo^ Bayliff M*^ Peter Alricks, who 



682 Province of New York [lxx] 



^; ^- is hastening over Land to secure his AfFayres there in this 

(NYSL) portending Invasion, & to give his best help for y^ Safeguard 

of the Place, & his Royall Highness his Interest. Vpon all 

Oct. 7 Occasions faile not to send an Express to niee, by whom 
I shall give you such farther Directions & Assistance as will 
bee requisite; & if occasion shall bee will come over my 
selfe in Person though the Spring would bee more suitable 
for mee then a Winter Voyage. Soe recommending all 
things to your Care & Vigilance, of w'^'^ I expect a good Acco- 
I Conclude being. 

Yo"^ very Loving Friend 

Fr: Louelace. 
Forte James in N: Yorke 
this j^^ day of Octob' 
1672. 



Col- MSS. [Captain Edmond Cantwell to Lovelace. Whorekill Mat- 
20:38 ters and Maryland.] 

N Castle y^ 10 of December 1672 

1672 Right honra'''* S' 
Dec. 10 " 

vo*^ bono'' writts m' alrichs of my not wri[ting] to yo' 

bono'' I had writt to Cap' nicoUs att Large of what I 

heard and saw att m[ar}-] Land I thought Cap* nicoUs 

would haue Informed yo"" bono'' of all I heard so much that 

my lorde thus intend for to keepe y'' whore kill I saw Jones 

power to seas ' all Indyan goods or skins att y^ whore kill 

and one Smith y° Juge of y^ Co" att y^ whore kill tould me 

that my lorde baltemore gaue him order for to driue a 20'' 

naill in y^ touch hole of y' great gon and seas y^ gone and 

mill stones att y^ whore kill his Coiriission was soe Large 

as yo*^ hono"^ Can Imagen when I Came to s' marys Jones 

• The meaning is: "I saw Jones's power to seize," etc. 



Opposite p. 



i H 



n 






Ni 



fr 









\«H a. 











N 



\ 



\ ^Q.\l 



■; N\\ \^ J -■■■ V <.<^ 




^ 






\ 



^M\ :s^'-: ! 



w 

h 
z 

< 



< 



o Q ^ 

w O -^' 

<'^ i 

'•J 3 



PC 



o 

a- 



Pi 

h 
h 

w 



o 



[ucx] Collateral and Illustrative Documents 683 



went to y^ gouern'^ and he writt upon y^ back side of his S°i'J^Lf" 
Coiriission that he would mantane his Coiriission I tould 20:38 
them that itt was a folly for them for to striue aganst yo'' 
hono" power and tould them If yo*^ hono'' gaue but order Dec. 10 
for to beat a drom all y*^ seruans would Com away from them 
y" most part o[f] y*" people thus fear that theire seruan[ts] 
will run away from them all y"^ people w[ill] be glade 
submitt them selues onder yo"^ hono'' Gouerment and they 
plaenly say that they will not Resist yo' hono'"" power nor 
will haue noting to doe w'*" what my lorde has done 

Cap' nicolls writts to me about derick smith goin up y* 
Riuer I gott him for to goe for y^ quit Rent y^ w'^'' he has 
aboarde for to be sent to yo'' bono'' what he has not in I 
shall thake Care for to send in y^ spring nor derick smith 
should not goe up y^ Riuer If itt had not bene for y* quit 
Rent w^'out yo'' hono''^ order y^ vessell is just going away 
and I shall end and Remane 

Yo"^ hono'^' 

most faithfuU seruant 
To Comand 

Ed : Cantwell 



Addressed: 



Endi 



orsea 



fFor y^ Right honra^'* 

Coll ffrancis Louelace Esq*" 
Gouerno'^ off all his 
Royall highnesse Terotories 
In Amerikae att 
new yorke 
psent 

Delaware from Cap 
Cantwell of the lo"" 
of December 1672 



684 Province of New York [lxxJ 



No. LXXI. 

LONG ISLAND — COMMISSIONERS FOR INDIAN 

AFFAIRS. 



Deeds A Commission graunted unto Captaine 

(Sec. State) Thomas Topping, M"' William Wells and 

others, to heare and determine differences 
betweene Christians and Indyans. 

1666 Whereas severall Complaints have been made unto mee, 

July II ' 

of divers Trespasses and abuses done, and rec'' both by 

English men and Indyans, living at the East end of Long 
Island, for w'^'' there is no Remedy in the Ordinary Course 
of Law, but at y* Courts of Sessions or Assizes, w'^'' may in 
some regard bee too long a time, before reparacon can bee 
made, or Satisfaction given for the same; These are to 
Authorize and appoint you. Cap' Thomas Topping, one of 
the Councell to y* Government under his Royall Highnesse 
the Duke of Yorke, M"^ William Wells high Sherriffe of 
Yorksft upon Long Island, M"^ John Mulford, one of y* 
Justices of the Peace, M*^ John Howell, and M' Thomas 
Baker to bee Commission" for the well Manageing of all 
Affaires betweene the English and Indyans, And you, or any 
three of yo", have hereby Power and Authority, as occasion 
shall require, meet and enquire into, as also to heare and 
determine any matt^ in difference betweene the English and 
Indyans, touching Trespasses' or Damages, done by one to 
the other, and to Order Satisfaction and Reparacon, as yo" 
shall finde Cause; You are also to take care that the Agree- 
ment made heretofore before mee, betweene the Townes of 

» Inadvertently written " Trespaspasses " in the original record. 



[u&i] Collateral and Illustrative Documents 685 



Easthampton and Southton, and the Indyans bee duly Deeds 
performed & observed; You are likewise Empowred to (Sec. State) 
Summon any Person or Persons offending, by Warrant to 
appeare before yo", w'^'' if they shall refuse to Obey, you July 11 
may impose a ffine or ffines on such Persons for their default. 
And all Civill and Military Offic", are to bee aiding and 
Assisting unto yo", according to y^ Teno*^ of such Warrants, 
as they shall receive under any three of yo'' hands. And 
lastly. You are hereby Authorized to make such Orders and 
Constitutions, as you shall finde necessary and expedient for 
the better regulating all matters and Affaires betweene the 
English and Indyans of yo*^ parts aforesaid, of w'^*' yo" are 
to give one Copy to y^ Indyans, and remitt another to mee 
for Confirmacon; And for what yo" shall do in the prosecu- 
tion of this Commission, this shall bee unto yo" and every 
of yo", a Sufficient Warrant; Given under my hand and 
Scale, at ffort James in New Yorke, the 11'^ day of July 
1666. 

Rich'^ Nicolls. 



Lre from y* Governor to y* Com"" for y* Indyan ^; ^• 
Affayres at y" East end of Long-Island. (NYSL) 

Gent. 

I take hold of this Opportunity by y^ hands of M- Delavall • '^^^ 
to acquaint you of severall Complaints that have been 
p'ferr'd to mee concerning yo^ Administracon of Justice in 
relation to y^ Indyan Affayres many seem to groan under 
yo"" heavy Hand, believing the Intention of that Commis- 
sion you were invested w'** will not extend to y*^ Determinacon 
of severall Causes w''^ naturally appertaine to y* Sessions. 
When that Commission was graunted to you by my Prede- 
cessor (& since allowed of by mee) it was in y*^ infancy of 
time, before the Whal[e]fishing was in Practice, & then lookt 



686 



Province of New York 



[lxxiJ 



G. E. 

4:119 

(NYSL) 

1672 
Apr. 20 



on as an Expedient to keep y" Indyans in some Order & 
Decorum. But Multiplicity of Affayres dayly intervening, 
by vertue of yo' Commission you seem to extrude Causes 
properly determinable at y^ Sessions, by w'^'' means y" Inhab- 
itants will believe themselves debarred from y*^ Ordinary 
Establisht way of Administracon of Justice towards them. 
You have now Justices of y* Peace sufficient to sitt in the 
Courts; And therefore if Matt" were determined in those 
Co!^^ of Sessions I believe it would give a generall satis- 
faction to y* whole Countrey; but in regard I am soe great a 
Stranger to this new Affayre, I shall determine Nothing at 
this time positively, desireing I may Discourse it w"" you at 
Seatalcott, where I will bee (by y* help of God) on y" S'** 
day of May. I cannot but take Notice that notwithstanding 
I sent Ord^'* by Cap* Manning that you should forbeare to 
ffine & Levy them till my farther Ord*^^ were signifyed, you 
notwithstanding proceeded therein; whereby you either 
believ'd Cap*. Mannings Writeing not to bee my Sence, 
or if mine of noe Validity. I have noe more at p'sent, 
but commit you to y^ protection of y" Allmighty, & rest 

Yo' Loving Friend 

Fran: Louelace 
Forte James y* 

20*'' of Aprill 

1672. 



G.E. 
4:121 
(NYSL) 

1672 
Apr. 20 



Lre from y® Governor to Cap* De-Lavall at 
his goeing to y^ East end of Long-Island. 
Aprill y^ 20''' 1672. 
M-^ Delavall. 

Yo"" Occasions calling you to y* East end of Long Island, 
where probably you may meet w*'' or heare of some differ- 
ences between Persons, relating to y^ Government, or the 



[lxxu] Collateral and Illustrative Documents 687 



Administracon of Justice, I doe recommend it to you to ^; ^- 

"^ 4 I 121 

make such Enquiry thereinto as in yo"^ prudence you shall (NYSL) 
finde requisite, & that with the other Matt^'' concerning 
Cap' Topping & the Comn" for y® Indyan Affayres you Apr. 20 
give mee an Acco- at our Meeting at Seatalcott on y" 8'^ 
day of May next; Soe I heartily wish you a good Voyage 
being I am 

Yo' affec^f Friend. 

Fr: Louelace. 
New Yorke Apr: 
y^ 20^*" 1672. 



No. LXXII. 
OYSTER BAY — REGULATION OF WHALING. 



An Ord"^ of Councell about y^ 3 G. E. 
Whales cast adrift at Oyster Bay. (nVsL) 

At a Councell held at Forte James in 
New- Yorke y^ i]^^ of May 1672. 

Whereas it was rep''sented unto his Hono'' y*' Governo!' ^J^"^^ 
that a certaine difference had arisen between Jn? ffinch of 
Huntington & severall persons of Oyster-Bay concerned in 
the Whale-ffishing Designe, touching three Drift Whales cast 
upon the Beach & cutt up & tryed by those of Oyster-Bay, 
wherein his Royall Highness was concerned as to his partic- 
ular Dues out of the Oyle of the said Whales; All w'^'' was 
referred by y^ Governo'^ to Thomas Delavall Esq"" one of 
y'' Councell to Examine & Endeavour a faire Composure 
betweene y*" Partyes, secureing the Dukes Interest; Hee 



688 



Province of New York 



LLXXilU 



G. E. 

4:13s 

(NYSL, 

1672 
May 17 



haveing an Ord'' in the meane time to receive the Oyle, & 
bee accomptable for y^ same when the Controversy should 
bee decided, to whom of Right it did belong; And the said 
Thomas Delavall haveing Declared that to prevent farther 
Contest, hee had made a faire Agreem' between them or 
most of them concerned; That is to say, That Jn° ffinch 
should have for his Share or Proporcon ffifteen Barrells of 
Oyle upon Acco- of his Interest in y*" Beach where the Whales 
were cast up, out of w"*" hee is to pay his Royall Highness 
his Dues, & two Barrells more to beare the Necessary Charges 
had hereupon; And that y^ Remainder should bee unto 
them of Oyster-Bay that cutt up & tryed the Oyle of the 
said Whales for their Charge & paines therein, together 
with y*" Cost of the Barrells, & Transportacon; Vpon Con- 
sideracon had hereof, the Governor & Councell have thought 
fitt to allow, & doe very well approve of what y^ said Thomas 
Delavall hath done herein, And doe order that the Agree- 
ment aforenamed doe stand good & bee observed accordingly. 

By Ord^&c: 



No. LXXIII. 

DELAWARE — EXPEDITION OF GOVERNOR 

LOVELACE FOR SETTLEMENT OF 

AFFAIRS THERE. 



G. E. 
4: no 
(RYSL) 



An Ord^ for Cap' Nicolls to summon a Part of 
his Troop to attend y" Governo*^ to Delaware. 



1671/2 Whereas there is an Occasion of my goeing in Person to 
Delaware over Land as well as conclude a Peace amongst 



[l^uiI Collateral and Illustrative Documents 689 



the mutinous Indyans in those Parts, as to settle Affayres *'; ^• 
in that River under his Ma"'=^ Obedience, for y* w"='' both (NYSL) 
for the Reputacon of his Royall Highness, whose Person jg»j ,3 
I rep''sent heffe as his Governo'', & safety of my selfe & Mar. 8 
Retinue, It will bee requisite, That I have a Party of Horse 
out of y* Troope risen in the North & West Rideings of Long- 
Island, & likewise out of this City of w'^'' you are Command*^; 
These are to Authorize & require you. That you forthw"* 
send Orders to the Offic" or others of your Troope as you 
shall finde convenient to Summon soe many Persons in each 
Towne that are enlisted in yo'' Troope (besides Offic") as 
will make up y* Number of Twenty to bee ready with their 
Horses & Armes, & that they give their Attendance at y® 
certaine dayes & times p'^fixt, of which you are to give them 
notice; And that noe Person to y^ said Troope belonging 
shall thinke himselfe burthen'd or exempt from this Duty, 
those that stay behinde shall be obliged to beare their Equall 
Share & part of y^ Trouble & Charge their ffellow Sould- 
yers shall bee putt to that goe; But whosoever being appointed 
& adjudged fitt to goe by his Offic'^ & shall refuse to doe his 
Duty therein, Hee shall pay as a ffine y^ Sume of five pounds, 
the one halfe to bee paid to y'' Person who shall bee chosen 
& goe in his Place, & the other for yf use & Benefitt of the 
Troope. Given under my hand this S"* day of March 
1671. 

Fr: Louelace. 
To Capt Matthias Nicolls to be 

Communicated to y* rest of 
y" Commission Offic^^ of the 
Troope of Horse, on y" North 
West parts of Long Island. 

[44] 



690 Province of New York Lixm] 



^•^- The Ord--^ sent by Cap' NJcoIls to y" Offic'= in 

(NYSL) persuance of y* Governo'^^ Warrant above-written. 

M^y 9 Whereas I have receiv'd a Warr* from his Hono^ y* Gov- 
ernor strictly commanding mee to send forth Ord'^'^ to y^ 
Offic" or others of my Troope as I should finde convenient 
to Summon soe many Persons lysted in each Towne belonging 
thereunto (besides Offic"^^) to make up y'^ number of Twenty 
to attend y^ Governor over Land to Delaware. You are 
hereby ordered & required forthw'*' to Suirion [blank] in y* 
Townes of Hempstead, Oyster-Bay, & Leusam (ats Robert 
Williams his ffarmes) to prepare themselves & bee in a 
readyness w"" their Horses & Armes; And that you together 
w"" them bee at y" fferry on Tuesday y^ 19"" day of this 
instant Month, where Boates will be ready for their Trans- 
portacon to y" Nevisanz at the Geii'^" Rendezvous, w'^'^ is 
appointed to bee upon y^ 22"^ day being ffriday following; 
And whosoever shall bee by you pitcht upon & doe refuse 
to obey yo^ Commands, they will bee lyable to pay y^ ffine 
in y* Governo" Warrant exprest, whereof you have herew"" 
a Coppy. Of y*" due Observance of these Ord''' You are not 
to fayle at your Perill. Given under my hand at New Yorke 
this 9"^ day of March 1671. 

[Matthias Nicolls.] 
To Corp!^" Joseph Smyth 

at Hempstead these. 

The like was sent to Corp^" W"? Chatterton of flushing 
for y* Townes of fflushing & Jamaica, or who y* Lievtenant 
& Cornett should appoint. 

The like also to Corp^" Jn? Garland for y* Townes of 
Breucklyn, fflatt-Bush, fflatt-Lands, Gravesend, & New 
Vtrecht. 



[lxxiiiJ 



Collateral and Illustrative Documents 



691 



Another Warr* from Cap' Nicolls ^- ^• 
about this AfFayre. (NYSL) 

You are hereby ordered in Prosecucon of y® Result of ^l^/a 
the Governo'^ & Councell, & y^ Governo" Speciall Warrant 
directed to mee, of which you have Coppyes, that out of y* 
Number that are to attend y" Governor over Land to Dela- 
ware, you pitch upon three persons to goe w'^ CorpT" John 
Garland, who is appointed to lead the way, & make prep- 
aracon for y* Governo^ & his Retinue, the time of his setting 
forth is to bee on the 12''' or 13"^ day of this instant Month 
at farthest, & whosoever being summoned & thought fitt 
to goe with him, & shall refuse, will bee lyable to pay y® 
ffine in y^ Governo'^ Warr- sett forth. Hereof you are not 
to fayle. Given under my Hand this g^^ day of March 1671. 

Matthias Nicolls. 
To Quart^ Mast*^ Thom: 
Wandall & Corp^" Jn° 
Garland. 

Memorand'? That y* Quarter Mast'' is ordered to sum- 
mon those of Newtowne that are to goe with y'^ Governo' as 
well as those that are to goe with Corpo'" Garland. 



Instructions for M"' Garland about 
makeing preparacons for his 
Hono'^'^ Voyage to Delaware 
M' Garland 

You are to goe w'^'that Party of Horse yo^ Cap'° hath allot- 
ted you to Nevesincks, & from thence as speedily as you can 
(with a Guide) to march to y" House of M'' Jegoe, right 
against Matinicock Island in Delaware River, where there 
are some Persons appointed ready to receive you. 

Being arriv'd at y'^ River side as afores? you are to goe 



G. E. 

4:114 
(NYSL) 



1671/2 
Mar. 12 



692 



Province of New York 



LLXxinj 



G. E. 
4:114 

(HYSL) 

1671/2 
Mar. 12 



to Wickako, or where you shall bee directed that Cap' Carr 
& Commissaryes are, to whom you are to deliver yo'' Letter; 
& then to follow their farther Instructions. 

You are to see that all conveniencyes for mee, & Party bee 
made ready for our Accomodacon, as Provisions, Boats &c: & 
likewise a Considerable Guard of Men at Matinicock Island. 

After all these things are thus in Ord"^ you are then to 
meet mee w"' yo'' Party, & such other Volunteers as are 
dispos'd to accompany you; & meet mee one dayes Journey, 
w*^*" is at y' great Indyan Plantacon, where I intend to lodge 
that night, & purpose by Gods help to bee there on y" 24"* 
day of this instant month March (& perhaps on y* 23'') 
When wee are there at y® Geii^" Rendezvous I shall sett 
things into further Order. 

You are to treat y* Indyans & others w"* all Civility, and 
to contrive it soe that y* Susconck Indyans may bee there 
when I passe by. 

You are to assure all y^ Indyans that y" Intention of my 
Comeing amongst them is out of Love & fFriendship to them; 
Thus haveing noe more to Entrust you withall, I leave it to 
yo' prudent Managery, & yo'' selfe to the Protection of the 
AUmighty. 

Fran: Louelace 
Forte James y* 12'^ 

of March 1671. 



G. E. 

4:118 

(NYSL) 



167 1 /2 

Mar. 18 



Instructions from y® Governor to M- Delavall 
& M'' Steenwijck at his goeing for Dela- 
ware; March y* 18"' 167 J. 

The Affayres of these his Roy" Highness Territoryes being 
(God bee praysed) in that tranquillity, & Calme Condition, 
soe that there is nothing of any new thing w*^*^ might require 
a particular Instruction, yett in regard some Accidents may 



UxxinJ 



Collateral and Illustrative Documents 



693 



soe fall out as may require yo*^ wonted vigilance; Cares, and 

Judgm'' to manage, towards y* publiq^ peace & welfare of 

these his R: H? Territoryes, & Authority, therefore what I 

shall now recomend to you will bee but in Geii^", leaving 

Contingencyes, & new Accidents still to yo' prudent Man- 

agery, assuring you w'^'all to justify iz stand by you, in any 

lawfull Determinacons you shall conclude & Act in, being 

well assured of yo'^ prudence, moderacon & Justice, that y* 

safety of these his R. H^ Interest will bee yoT chiefest Care, 

& y® Determinacon of Civill Interest & Propriety of all that 

are under y^ Protection of my Roy!' Master, yo" next, as 

depending on y^ former. You are not unacquainted w"* 

y" Designe of this my Resolucon of visiting those more 

remote parts of his R. H^ Territoryes at Delaware, where I 

hope soe to settle all public AfFayres there as may free mee 

from the farther Expence and Trouble of a suddaine Re- 

visitt of them, I will make all y® Dispatch I possibly can, 

hopeing to finde you at my returne in y* same quiet Estate 

I left you, and soe God take you into his Protection, and 

send us a happy Meeting againe. 

Yo^ very much afFecf" ffriend 

Fran: Louelace. 
To Thomas Delaval & 

Cornelijs Steenwijck Esq^* 
2 of my Councell to his 
Royall Highness y* Duke 
of Yorke in these his Ter- 
ritoryes of America. 



G. E. 
4:118 

(NYSL) 

1671/2 
Mar. 18 



The Governo?^^ Ord • to M'' Bedloo to pay the 
Boat-men about y^ Delaware Expedicon. 
M^ Bedloo. 

There being Moneys due unto y^ Persons here under 
menconed for their Boat hire, & carrying & bringing back 



G. E. 

4: 200 

(NYSL) 

[1672] 
L Sept,J 



694 



Province of New York 



LlxxivJ 



G. E. 
4:200 

(NYSL) 

L Sept. J 



the Troopers Horses to and from the Nevesincks in the 
Expedition to Delaware, upon w*^*^ Acco' you have already 
by my Order disburst some Moneys, You are hereby ordered 
to make them the best Satisfaction you can by Discounting 
w'^ or giving them Creditt for soe much as by their Bills 
allowed appeares due, and that you make y^ Delaware 
Voyage Debto'^ for the same, but that you take care to part 
w"* as little Goods in this time of Exigency as possibly you 
cann. 

The Boat-mens Names to whom Money is due. 

Stoffell in the Smiths Valley. 

Nicholas the Baker 

Francis Leigh. 

Dirck y^ Wool-Spinner. 
Ned Shakleton & ) that went w"" Governor Carteretts 
W™ Welch. . . . ) Boate are already paid. 



[Francis Lovelace.] 



No. LXXIV. 

NAVIGATION LAWS AND TRANSATLANTIC 
SHIPPING. 



(NYSL) 



[Charles II — Orders for Transatlantic Shipping.] 



1671/2 
Mar. 10 



Charles R' 

Trusty and well beloved Wee Greet you well. Haveing 
taken into our Consideration the 111 that have times hereto- 

1 The file copy of this document is lacking in the archives of New York, 
hence this text is presented from a Massachusetts copy, now in the New 
York State Library. 



[lxxiv] Collateral and Illustrative Documents 695 

fore befalne the Shipps of our good Subjects in their returnes (NYSL) 
from our Plantations in the West Indies cheifly through i^-j/j 
their coifiinge from the Said Plantations Scatteringe, and at ^*''- '° 
uncertaine times whereby they have come Vpon the Coasts 
of England, or Ireland, at Seasons when they have found 
none of our Shipps of Warr there, whereas if there were 
certaine Prefixed, and Observed for their returne, care might 
be taken to Secure the Coast at the Season of their arrival! 
by Some Shipps Extraordinary to be imployed for this 
Purpose, Wee have therefore thought fitt out of the Princely 
Care of the good of our People to appoint certain Seasons 
in the yeare, at which only Shipps be permitted to Returne 
from Boston and other Ports, to England, or Ireland, Vnless 
Such Shall be imployed for our Emediat Service, Either as 
men of Warr or for carryinge Packitts or the licke Extra- 
ordinary Occasions, which Seasons Wee have thought fitt 
to be the 24"" of March, the 24*'' of June and 24"* of Septem- 
ber, and Our Will and Pleasure is that you take Care that 
all Such as Shall be Redy to Sayle at any of the said times, 
doe enter Bond before you to use their Vtmost Endeavours 
to keepe Company, and defend each other dureinge their 
Voyage homewards, and for the better doeinge thereof you 
are to appoint one of the Coiriaunders of the Said Shipps to 
be Admirall of the fleete, whome the others are to Observe 
and follow, that Soe in case they be attempted in their 
Voyage they may be in the better Condition to defend 
them selves. And if any Shall be dissobedient to these our 
Commands, You are to Compell them to the Observeance 
thereof, and punish them in such manner as may deterr 
others by their Example, you are further to direct them 
when they shall be neer the Coast of England, if they Shall 
not have Mett with Some of our Shipps of Warr in the 
Soundings, by which they Shall have vnderstood the Estate 



696 Province of New York [^xilv] 

(SYSL) of affaires with our Neighbours, and be from thence incour- 
1671/2 raged to proceed to their Respective Ports, that they indeavor 
*^'^- ^° to touch at the first Port of England, there to Receive further 
information for their guidance, in which Wee Expect your 
best Care, and Circumspection, and for the Preventinge 
any Surprize that might otherwise befall our Plantacons 
in those Parts, or the Shipps tradinge theither whilst they 
are in Port vpon any Suddain change of affaires here in 
Europe, Wee have thought good thus early to warne you 
of it, Willinge and Requireinge you to Neglect Noe time to 
Consider of the Securety of that Place, in all Respects, and 
timely to make Provision as well for its Safety and defence, 
as for the Protection of the Shipping, that Shall be there, 
upon any Emergency that may happen, the pertickulars of 
which wee leave to your owne discression, to be prosecuted 
with Care and dilligence in that order that Shall appeare 
most Necessary to you upon the Place, and for Soe doeinge 
these our Letters Shall be Your Suffitient Warrant, Given 
at our Court at White Hall the lo"" day of March 167^ 

By His Maj^'^ Comand. 

Ahlington ' 
To our Trusty and well beloved 

Ovr Govo^ & Council off our 

Collony of the Massachusetts 

in New England To 

be Cofnunicated to the Rest of 

our Collonys there 

Endorsed: 

Copie of his magisties 
Letter dated y" 10*'' of 
March 167J about y* 
Dutch warr &c 

' Arlington 



[lxxiv] Collateral and Illustrative Documents 697 



Certificate from y^ Governor on y^ Behalfe of ^- ^• 
Cap' Haslewood, touching his Stay in this (NYSL) 
Porte. 

These are to Certify all whom it may concerne that Cap'" j^^e^ 
Clayborne Haslewood Command^ of y* Ship the Justice of 
London hath been by my Order stopt from proceeding in 
his Voyage for Europe, from y" 2^^^ day of May last, when 
his Ma''^ Letter came to my Hand unto this present day 
that hee hath received his Ma^'^'' Packett, & other Dispatches 
for England. Given &c: this 7"" day of June 1672. 

[Francis Lovelace.] 



An Ord^ to Cap' Haslewood at his departure. 

These are to require you that if it shall soe happen, in yo' 
Voyage homewards that you meet w"' any Merch''' Shipp 
of fForce, or English Man of Warr bound for England, that 
you keep them Company & acquaint them. It hath been 
his Ma''^^ Command & Pleasure, That all Ships bound the 
same way should keep Company together for their Mutuall 
Safety against an Enemy, and that before you come into the 
Channell or the Lands end of England, there are Convoyes 
appointed, w^"" will bee ready to conduct you safe to your 
Porte; Soe God send you a good Voyage. Given under 
my hand at fforte James in New Yorke this 7'*" day of 
June 1672. 

[Francis Lovelace.] 

To Cap' Clayborne Haslewood 
Cofnander of y^ Ship y" Justice 
of London. 



698 Province of New York Lxxiv] 



^- ^- An Order about Sayling. 

(HYSL) 



1672 



Whereas his sacred Ma"^ out of his Princely Care & 
June 27 regard to y* welfare & safety of y* Ships belonging to his 
Subjects tradeing in America or elsewhwere, to y'' end by y' 
suddaine Revolucons that are now likely to happen in 
Europe they may not bee surpriz'd & taken by y"^ Enemyes 
to y" Crowne of England in their Returnes homeward, hath 
been graciously pleas'd to prefix certaine Seasons in w''*' 
they shall quitt their Portes in America only, that is to say, 
on y" 24"^ of March, 24"" of June, & y* 24''' of September, 
that soe in the Soundings & y" Mouth of y^ Channell hee will 
have certaine Convoyes to conduct such as are bound up y® 
Channell to their respective Portes; To the end therefore, 
these his Ma'^^^ Commaunds & Directions may bee punctually 
observ'd. These are to give Notice to all Masters of Ves- 
sells whatever; That they truly & punctually observe 
those Seasons specifyed by his Ma'>'% unless on some 
extraordinary Immergencyes about w*^** they shall bee 
expressly sent on y^ Publick Service, by Governo!^ who 
have Lycence to employ them by Authorizing them w"* 
their respective Passes for the same. Care is likewise to 
bee taken by all Masters under his Ma'^" Subjection (by 
giveing in Bond) That is on their way they meet w"^ any 
Vessells belonging to his Ma'^^ or his Allyes that they 
endeavour to keep Company & Consortship together, that 
soe they may bee in y* better Condition to oppose an Enemy 
& defend each other; That therefore these his Ma'^" 
most gratious Commaunds & Directions may bee more 
punctually observ'd, I have thought good to make a Pub- 
lique Notificacon of them, & to affix them in y^ Custome- 
House, to the end any concern'd may not pretend Ignorance. 



[lxxv] Collateral and Illustrative Documents 699 



Given under my Hand y" 27"' day of June, in y® 24"^ yeare ^; ^• 
of his Mat''^ most happy Reigne, Annocp Domini 1672. (NYSL) 

[Francis Lovelace.] , 

'■ J 1672 

June 27 



No. LXXV. 

NEW YORK CITY — REPAIR OF FORT JAMES 
AND WAR RUMORS. 



Lre. from y" Governor to Cap' Young & the G* E. 
rest of y^ Commissions^ at y^ East end of (NYSL) 
Long Island, about sending Assistance to 
fortify &c: 
Gent. 

Haveing lately receiv'd a Lett^ from his Ma'-^ by the way 1672 
of Boston, wherein hee precautions us (by reason of y** 
Troubles w"*" are like to arise in Europe to prepare, & putt 
our Selves into y^ best posture of Defence wee are capable 
of; I thought good therefore to acquaint you w"' it, that 
soe at y^ Sessions you might consider w"* y® Countrey what 
will bee most necessary to bee practiz'd in order to yo^ 
Security; The Determinacon I should bee gladd to receive 
by y* Returne of the High-SherifF, that soe I might y* better 
bee able to assist you by my power. 

I am likewise to acquaint you of y^ necessary Resolutions 
I have of repayring the Walls of this fForte, w"" some stronger 
ffortifications then heretofore it was, & being altogether 
uncapable to performe such a worke by my Public Stock 
here, I have thought good to recommend our Condition to 



yoo 



Province of New York 



UxxvJ 



G. E. y^rs gj. ye Countrey's Consideracon, to contrive & send such 

(NYSL> an Assistance as may (in some sort) bee helpfull to mee in 

1672 ^'^^^ Vndertaking. You well know I have been very tender 

May 30 to press this Point to you; It being now the first I have 

desired of you in that kinde. Thus not doubting of yo'' 

chearfull Concurrence w'*' mee in a Work w"^"" soe nearly 

concerns y* publick Safety, I take my Leave of you, & bidd 

you heartily Fare-well. 

Yo"^ assured Friend to serve you 

Fr: Lovelace. 
Forte James y' 
30*'' May. 1672. 



G. E. 

4:149 

(NYSL) 

1672 
June 28 



[Lovelace to John Archer.] 
Gent. 

His Ma'^^ Commaunds, together w'*" a strong necessity 
to putt o"^ selves into such a posture of Defence, as may make 
us capable both to defend o"^ selves, & offend any publick 
Enemy to his Ma''", his R: H^ has constreyned mee to have 
a recourse to yo", fo'' assistance in repayring of y^ fforte at N: 
Yorke; & haveing recomended y" necessity to all the Inhabit-^ 
under his R. H"" Territoryes, who have soe sensibly receiv'd 
these my Desires that unanimously they have made a volun- 
tary Contribucon to carry on y^ Worke, & have afforded mee 
w"' a frank Supply; Now considering you are as yett but a 
tender Plant, soe that in Modesty I cannot expect soe large 
a Contribucon from you, as from others, that are rooted to a 
better Thriveing then you are yet since yo" are esteemed a 
Member of y*^ whole Body, It will bee necessary that likewise 
you shew yo^ forwardness to soe good & generall a Worke; 
assuring you that your Widdowes Mite shall bee accepted, & 
when ever it shall please God to enable mee, I shall in some 



Llxxv] 



Collateral and Illustrative Documents 



701 



Measure recompence yo" 
will believe mee to bee 



In y* mean time I desire yo" 



Forte James y* 

28"^ June. 

1672. 
To M'' Jn° Archer, to bee 

communicated to his Neighbo'^ 

& y* rest of y^ Inhabitants in y 

Manno^ of fFordham. 



Yo' Loving Friend 

Fr: Louelace. 



G. E. 
4:149 

(NYSL) 

1672 
June 28 



Lett' from y^ Governor to y^ Mayo' & 
Aldermen about a Contribucon from 
this City, to repayring y^ Forte. 



M' Mayo' and you y^ rest of y"' Aldermen. 

His Ma'^*^ Paternall Advice & Princely Commaunds 
being transmitted to mee, wherein hee admonisheth us by 
y^ great Resolutions w'^'' are now likely to happen in Europe, 
to putt our selves into such a posture of Defence as may best 
secure his Ma"^'' Interest, his Royall Highness Title & 
Authority in these his Dominions, & our own particular Lives 
& Proprietyes from y® usurpacon of any others that might 
appeare y" Disturbers or Invaders on y"" just Rights of either, 
and findeing that by a long Tract of peace and TranquiUty 
of time y^fForte of New Yorke requires not only a Reparacon 
but in some measure a new Re-edification; To y*" Accom- 
plishment of which (it being totally out of my slender Ability 
to perfect) I have been constrayn'd to have Recourse to all 
Loyall & well disposed Persons w'^'in these his R: H^ Ter- 
ritoryes for their voluntary Contribucons, to assist mee in y* 
carrying on that worke, w*^"* otherwise would bee impossible 
for mee to accomplish; And Gentlemen I will assure you 



1672 
Julys 



702 Province of New York [lxIv] 



G; E. (y<= Returnes being transmitted to mee from their respective 
(NYSL) Townes) there appeared soe great a Chearfullness in y^ 
jg Generality & soe franck a Contribution in some particular, 

July 3 as farr exceeded my Expectacon, & perhaps some of their 
Abilityes. There remaines now noe more to y^ Accom- 
plishm* of y"" End desired & designed, but that you who are 
esteemed y'^ Head of this Body keep a proportionable Harmony 
^th ye j.gg^ Q^ ye Members in a liberall & voluntary Contri- 
bucon for the strengthning that Place, wherein y^ Security 
of y^ whole is soe nearly concern'd. Now by what Method 
you will pforme it I shall leave to yo^ grave & Judicious 
Determinacons; only assuring you your Care & Bounty 
therein shall not altogether fall to y^ Ground unregarded; 
but if it ever please God to afford mee an opportunity of a 
kinde Retalliation (in y*" gratifying of you in anything that 
may bee advantagious to y" Corporation) I shall most gladly 
embrace y^ Occasion ; & in y*^ meane time I shall soe transmitt 
it on Record as what I leave unhappily imperfect may not- 
withstanding still bee convincing Arguments to induce my 
Successo^"^ to a reciprocall Gratification of you; Thus recofn- 
ending y^ Premisses to yo"^ ingenuous Consideracon, I bidd 
you all heartily Farewell, & remaine 

Yd'' assured Loving Friend. 

Fran: Louelace. 
Forte James in N: Yorke. 
July y'^3'^ 1672. 

G. E. Commission given to M' Thom : Lovelace, Cap'- Morris, 

(NYSL) Cap* Manning &c: to collect y^ Contribucon Money 

concerning the fForte &c: 

1672 Whereas there is a great Necessity of y* Reparacon of 

fForte James in New Yorke, the w''*' through length of time 



[lxxv] Collateral and Illustrative Documents 703 



is very much fallen to Decay, & it being y" chiefe place of ^- ^• 
strength within these his Royall Highness his Territoryes, (NYSL) 



1672 



It is requisite the Fortifications should bee made up & main- 
tayned, more especially at this juncture of time, when his July 3 
Ma''^ hath been pleased to Advertize his Subjects in these 
parts. That they should putt themselves into a Posture of 
Defence, in regard of the Commotions like to arise in Europe, 
which may also reach us here; And the Resolucon together 
^th ye Necessity & great Charge hereof haveing been recom- 
mended by mee unto y" Courts of Sessions of y'' severall 
Rideings of Long Island, as also to this City, who out of a 
franck & voluntary Benevolence have subscribed & con- 
sented to pay y'' severall Sufnes of Money or Valine in y^ 
Returnes of y* respective Townes, as well as of particular 
Persons sett forth; To y"^ end y" said Contribucon may the 
better bee collected & converted to y" best Advantage, to 
make payment & satisfaction for y" Materialls as also y^ 
Wages that shall become due to y^ Labourers and Workmen 
employed therein, I have thought fitt by and with y^ Advice 
of my Councell, to nominate, constitute, & appoint, and by 
these p''sents doe hereby Nominate, Constitute & Appoint 
Thomas Lovelace Esq' Cap' Richard Morris, Cap' Jn? 
Manning, M"^ Allard Anthony, M'' Thomas Gybbs, and M' 
fFrancis Rombout to bee Comn'^'^ to take Charge and Care 
of y^ collecting y^ said Benevolence & Contribution as it 
shall come due, & to dispose thereof when received accord- 
ing to such Directions & Instructions as from time to time 
they shall receive from mee. And y'' said Cofn"'^ or any 
three of them (which shall bee adjudged a competent Num- 
ber to Act herein) are hereby Ordered & Empowered to 
meet once or twice a week as they shall see Cause, at y^ 
Statehouse of this City, to putt Matters into a Method, for 
y' best advantage of the Stock w'^*' is to bee received and 



704 



Province of New York 



[lxxvJ 



G. E. 
4: 160 

(NYSL) 

1672 
June 3 



disposed of by them, for the use & worke aforesaid; Of all 
w"*" they are from time to time to render mee an Acco' And 
for what they or any three of them shall lawfully Act or Doe 
in prosecution of this my Comission, These p''sents shall 
bee to them or every of them a sufficient Warrant & Dis- 
charge. Given under my Hand, & Sealed w"' y" Seale of 
the Province this 3'' day of July in y* 24''' yeare of his 
Ma'^*' Reigne Annoq^ Domini 1672. 

[Francis Lovelace.] 



22': 130 ' [Contributions for Repair of Fort James.] 

(HYSL) 

New Yorke 4 July 1672 — 

T 1^^^ 6 '^^^ following Persons have subscribed towards the 
reparation of James ffort Viz' : 



S • Capt° Thomas De Lauall seawants value. . . f^oog- 

S M' Cornelis Steenwyck in Wyn at Long 

Maryes or fredrick Gysberts ^'^oir- 

S M'' Olof Stevensen Seawants Valine 200*- 

S M"^ Richard Morris Seawants Vallue 500//- 

B M'' Gabriel Minvielle 6B'' 150;?- 

S M^W" Darvali:5:or 180//- 

S M"" Jeronimo Ebbingh Wampum Vallue. . . . 60//- 

B M' Matthys de Haert 2 B"^ 50//- 

S M*^ Jacob Leiseler in goods 50//- 

S IVC francis Rombouts Wampum Vallue 50//- 

S M"^: Jacques Cousseau in goods 60/1- 

B Mr Daniel Hondecoutre ij Bev"^ or 36/- 

S M*^ William Beeckman in Beere 50i«'- 

' S means seawant, B signifies beaver, and W denotes work. 



Opposite p. 704. 



?ry^ 0-fr A ' !J f^^'-^h'^ J-,nuAn^ <\j-x^..V . - -i '^ 0(t ^ 




-('^1 C'l 



(7^:. 






, ^- ^ ^ ^/-^ 



f 




</d /•rtun^'U; V'OE^v ~^»^ <?(? , 



-"^ ^^.^C«-^ O-^^-ftJS ifC-nttA^^^^ o-^-r- Irir^^ ^ v ^ _^^ (7/^ 









-i 



^^ l7 (^ fi~it»^r^J 'j y *%a 



5 JaT,,.^ /}->^<in/^<.^^- 




«. ^ . < f?<>, _ 
^ / Ow ^ — 7" 



::| 



FIRST PAGE OF SUBSCRIPTION IJS'F 

FOR REPAIR OF FORT JAMFS 

NEW YORK CITY-July, 1672. 

(Reduced from I2'!4 by 8 indies.) 



[lxxv] Collateral and Illustrative Documents 705 



(NYSL) 
Cont, 

6 July 



Col. MSS, 

S M' Gelyn Verplanck Seawants Vallue 30* — ?^o^° 

S M' fredrick Philips 200// — 

S M*^ John Rider Seawants Vallue loOiC — 

S M'' John Sharp in goods 50/7 — 

B Luycas Andries Sloopman one beav' 251? — 

S M' Johannes de Peister in goods 801? — 

B Claes Lock I Beav' 25* — 

S William Merrit 50/r — 

S Hartman Wessels 10^ — 

B Jan Joosten one beav"' 25* — 

S Gulliam De Honeur 6 g^^ in beav'^ i^i — 

B Isaacq Van Tright one beaver or 25-f — 

S Jan Harberdingh 50,7 — 

S Reynier Willems Baaker 200 tt^ bread 80// — 

B Dirck Smith one beav.'' 25^ — 

S Cornelis Jansen Clopper 25* — 

S Lourens Vander Spiegel in broot 30^ — 

S Coenraet ten Eyck in Wampum Vallue bof — 

S Jan Vinge in Beere 30* — 

S Thomas Karre 2011 — 

S James Matthevpes 25^ — 

S Abel Hardenbroeck 6 g^^ in beav" 18-? — 



Transportere op d'ander syde 



P"' Transport f 

B Cornelis Van Borsum 2 B'^ Vallue 50#— 

B Jonas Bartelsen one beav' 25* — 

B Dirck Van Clyf one Beav' 25* — 

S Doct' Henry Taylor 100*— 8 July 

[45] 



7o6 Province of New York [lxIv] 



Col. MSS. s Tno Garland one barrel of beefe Vail at 80 j — 

22 : 130 '^ 

(NYSL) W Jacques Croisson 2 dayes Worke 8-? — 

^''"'- S Anthony de Milt in bread 20J— 

B Gerrit Vullevever ^ Bever I0# — 

S Nicholaes d' Baaker 12/ — 

S Evert duyckingh, the vallue of I5;«' — 

S Jurian Blanck in goods 20# — 

S Jan Keteltas the value of ^ Bev'' lOir 

S Jan Roelofsen bootman the Valt of 12^ — 

S Wander Wessels hatter 8# — 

S Boele Roelofs iSi— 

S Elias provoost smith 151 — 

W Poulus Turck een broeck te maeken vallued.. 61 — 

S Barnadus Hassing the Vallue of I2ir — 

S Peter Nys 30^ — 

B Thomas Lourens one beav"^ 25^ — 

S Symon Romeyn in Corne 40-7 — 

B Jan Scholten ^ Bever I0# — 

S Balthaz Bayard vallue 20# — 

W Albert bosch in Labour out of his shop I2# — 

S Roelof Jansen Halfe a Mutton Vail 12/ — 

S Luycas Van Thienhoven 8# — 

S David Provoost 6/ — 

B Hendrick Droogstraet 2 raccoons Vail 5^ — 

S Daniel Setton 40* — 

S Gerrit Hendrickx Slaught"' J a mutton vail. . . 1 2-7 — 

S Jan Van Brestede 25* — 

S Andries Jochems lOiC — 

W: Gerrit Roos one day Carpent*^ Labour je — 

S Jan Bosh tayler 5^7 — 

S Isaacq Van Vleecq 50 11 flower Vail iS/r — 

B Poulus Richart one beav' or 25/7— 

B Jacob Vande Water one beav'' 25# — 



[lxxv] Collateral and Illustrative Documents 707 



S Thomas Taylor 20^ ^f^^fo 



S Lourens de Smit in Country pay 6s — (NYSL) 

S John Nelson in goods by M' derval 201 — 

Carried ouer f 



Brought over f 

B Peter de Riemer one beav' 25* — 

S Nicolaes de Laplayne 12* — 

S Roger Purchaze 25* — 

S Jan Hendricx Van bommel in goods 10* — 

S Andries Claes Carpent"" 8* — 

S Cornelis Pluvier 50 tt dry bread 20* — 

S Jan Adams one schepple Wheat 6* — 

S Symon barents in goods 12* — 

S Kerry Brazier 20 J— 

S William Waldron 2 barrels or 10/ — 

B Jan Dircksen Meijer one beav' 25* — 

S Pieter Jacobs Marius 50* — 

B fred rick Arents Tomer in bev" f4 — or 12* — 

S William White 10*— 

W Pieter Simkans the makeing of a Coat Vatl. . . I2t — 

S Harmen Smeman 4 tunn of Lime 8# — 

W Willem Van Vredenburgh the making of a 

paire britch 6* — 

S Jacob Teunissen Kaay by an assignin* 50* — 

S Thomas Berryman 3°' — 

S Pieter Jansen Mesier 4 tun Lime 8# — 

B Stephen Van Cortlant one beav"^ 25* — 

S William Errewin 25/ — 

S Hendrick Jans backer as p' bill of paines [ ?] . . 30* — 

S Adolf Pieters 20#— 



7o8 Province of New York [lxIv] 



Col. MSS. s Anthony Tans Van Sale ti- 

22: 130 .-'.-' 

(HYSL) S Benjamin Provoost Cooper 2 barrels lOiC- 



Cont. 



S Jan van Gelder I2#- 

W John Cooly in Work out his Shop f6o or. . . . 30^- 

S Peter Stoutenburgh in goods 15/- 

B Jacob Mens J beav'' io#- 

S Jan Spiegelaer the Vallue of io#- 

S Evert Wesse[l]s Kuyper 201- 

S Fredrick Gysberts 5 cans of Wyn 2^ii~ 

S Jacob Abrams shoemaker l6iC- 

S Timoteus Gabrie in handen van Swert olpherts z^a- 

S Jacob Kipp 2 tonne Bier 60^- 

S Thomas Gibbs the vallue of So^y- 

S Nicolaes Dupuie 2 busshels Indian Corne. . . . 8*- 

B Augustyn Blyenbergh one beav"^ or 2^11- 



Carried ouer. 



Brought ouer f 

S Abram Verplanck 4 scheppels Rye i6# — 

W Isaacq Kip one day Labour \t — 

B Henry Coustrie 2 halfe beav'^ 201 — 

S Abram Jans 3 schipples peaze 121 — 

W Abram Mol one day Carpent" worke "Ji — 

S fredrick Hendricx de boogh in goods 6/ — 

S Claes bordingh 50^ — 

S Hendrick bosh in goods 20# — 

i2en juiij asser Leuy the value of one beauer 25 : — 

Thomas karr 20 : — 

egbert meyndertsen 6 : — 

26en julij david wessels 15 : — 

marten meijer de Smit 12: — 



[lxxv] Collateral and Illustrative Documents 709 



Cornells Tansz de visscher 6: — C"'- '"SS. 

/. 22 : 130 

carsten Liersen 32 : — (NYSL) 

ian poppen ) ^°"'' 

• ^ ^^,. \ 24:— 

J an cornehsz ) 

wessel wessels ten broeck 20: — 

Jacob Leunen g : — 

Cornells barentsz coordwener [ ?] 23 :i4 

[barssen Slecht ? ] 18: — 

adam onchelback 8 [ ?] 

Thomas Lewis fz — 

Cap' John berry ^150: — 

philip Johns een beuer f 25: — 

Jacob Swart by pieter nijs .2. Schepel [ertten ?] . . f 8 : — 

Endorsed: 

New Yorks Contribucon. 
July .4. 1672. 



Instructions for y? Commission" Col. MSS. 
appointed to have Inspection (nysl) 
for the Regulation of y® For- 
tification of James Forte. 

1 When You are all mett together at y® Place appointed 1672 



in yoT Commission, You are first to pitch on a Charye-man, 
who shall preside as President of y* Commissioners, whose 
Name shall be affixt to all Letters you shall have Occasion 
to write. Warrants, or any other Writeing that shall bee 
requisite. 

2 You are likewise to chuse some young Man to bee yo'' 
Clerke to Record fairely what shall bee transacted by you. 

3 You are likewise to call for all y* Subscriptions of the 
Voluntary Contributions, that have been presented either 



July II 



yio Province of New York [lIxvI 

Col. MSS. from all the Townes in Generall, or any particular Person, 

(HYSL) w'^'' Subscriptions M^ Mayo- shall deliver to yo^ Custody. 

, 4 You are to take an Acco' of all y^ Workmen that are 

1072 ^ •'_ 

July II employ'd, together w"' y® vallue of their Wages, which shall 
bee delivered to you by my brother Dudley Louelace, as 
likewise y^ Defaulters, which weekly or oftner shall bee 
represented to you, and to keep a Booke of them, that noe idle 
Person bee obtruded on you. 

You are to appoint a Treasurer who shall keep all y® 
Goods that are contributed, & to issue out Payment when 
Occasion shall serve, to whom a moderate Allowance may 
bee made for his Care & Trouble. 

You are to examine all Bills of Mechanicks, as Smyths, 
Wheel-Wrights, Carpenters, Carr-men, Boatmen &c; & to 
Examine them on Oath; w''*' Oath I hereby give you full 
Authority to Administer; To the end noe fFraud be committed 
in their Dealings. 

And Lastly, You are to take into yo'Consideracon all 
things that may best tend to y^ carrying on of the Worke, 
though not particularly [s]p[eci]fyed [in your] Instructions, 
and to represent it (in case of Difficulty) to mee, that soe 
a finall Determinacon may bee made to y'' Advancement of 
the End designed. 

Given under my Hand at Forte James in New Yorke y® 
11"' day of July in y' 24*'' yeare of his Ma'-'^ Reigne, Anno^ 

Domini 1672. 

[Signed] Francis Louelace 
EnJorseJ: 

The Coiiiission" In- 
structions about y? 
Fortificacons. 
July II. 1672' 

1 This is the original document signed by Lovelace, The engrossed copy 
is in General Entries, vol. 4, p. 165. No material variations appear. 



[lxxv] Collateral and Illustrative Documents 711 

Lre from y^ Governo' to y* Schout ?.'^o 
& Cofnissaryes at Albany. (NYSL) 

Gentlemen. 

The Newes of y' great Revolutions in Europe is by this [{672]' 
time soe well known to you, that I shall spare a Repetition; 
by it you must needs bee awakened to provide for your 
mutuall safety, to w"*" there shall bee nothing wanting in 
mee that may add to yoT Security to y^ utmost of my Ability; 
To w"*" end I have desired Cap' Delavall w'*" y^ rest of y® 
Councell (now w"" you) to examine & advertize mee in what 
State you stand. They can assure you of the great prepa- 
racons I am makeing here, as likewise of the chearfuU & 
hearty Concurrence both of the City and Countrey to assist 
mee by a voluntary Contribucon to carry on the Worke. I can 
in noe wayes doubt but to a Worke soe gratefull to his Ma-'®, 
his Royail Highness, our gracious Protector & Proprietor you 
will cast in your Mite. You may remember how willing y° 
Inhabitants of these parts were (when p''sent w'*" you, & a Dan- 
ger seem'd to threaten you) to lend you their assisting hand. 
I hope you will not now bee backward to them in the like 
Retalliation ; assuring you withall, yo'' forwardness herein shall 
not altogether fall to y® Ground; but when ever it shall lye in 
my power to gratify you by any lawful! demaunds for the 
Advantagesof yo'^Place, I shall most readily comply w"" it. In 
y^ mean time I shall transmitt yo^ hearty Concurrence to his 
Royail H? our great Patron & Protector, who as I know will 
bee much pleas'd to finde soe great a readyness in you, soe 
likewise you may expect from him all y® Grace & ffavour to 
further yo^ Prosperity by a carefull & fatherly Protection of 
you; And withall I must acknowledge it a kinde Service to 

Yo' affec^*" Friend. 

Fr: Louelace 

'Undated in the recorded copy, but from its position in the volume evi- 
dently belongs between July i6 and i8, 1672. 



712 Province of New York [lHvJ 



No. LXXVI. 

CORRESPONDENCE BETWEEN LOVELACE 
AND LEVERETT. 



G. E. A Lett' to Majo^ Gen'!' 

(HYSL) Leverett at Boston. 

S' 
1672 It was neither out of Vanity nor Pride, that hitherto I 

have not had a Close Correspondence w**" you; for believing 
it a receiv'd Practice that when any Stranger enters him- 
selfe into a Neighbourhood, y* p'sent Inhabitants (by y° 
rules of Vrbanity) ought to Congratulate his Reception, 
This being unfortunatly omitted by you I could not expose 
the Dignity of my Royall Mastr^ Interest, vphose Substitute 
(by his great Indulgence & fFavo' I am) to any cheap Rate; 
However passing by all former Mistakes, & since y'' vicinity 
of y^ Place, & mutuall Interest may teach us a more sub- 
stantiall Benefitt, then ayery Complem'^ I shall bee very 
gladd to embrace y^ opportunity whenever fayrly rep'^sented 
to mee; It is possible I may fall under yo' hard Censure in 
y* Prohibicon of Wheate in Grayne, but it being universal! 
(not respecting Persons) & y^ great Vtility wee receive by 
it, may bee satisfactory without further Arguments too long 
here to recite; All that I drive at is, that his Ma?'^ Interest 
the Glory & Hono' of our Nation (now in these portending 
boysterous times) may entirely bee p'served, to w*^*" end the 
best expedient is a mutuall Vnderstanding of our nearest 
Allyes, w''*' if you believe your selfe soe, with us I doubt 
not but time and a happy Opportunity may demonstrate 
that these (almost unknown parts of y^ World) will bee able 



[lxxviJ 



Collateral and Illustrative Documents 



713 



to mainfest, though wee are divided from our native Soyle 
by Distance, yett not by Publick Interest and Loyalty; I 
have now noe more but to assure you I am with all respect. 

Yo' affec*'* Friend & Servant 
Fran: Louelace. 
S^ 

There are some Souldyers lately 
runn away from their Colo" from 
mee, if you meet w"' any it will bee 
a great Service to his Ma''?^ Interest 
to returne them, & I will defray all 
Expences, & w^'all esteem it a singular 
{Friendship to mee. 

Aprill y* 23^ 1672. 



G. E. 

4: 121 

(HYSL) 

1672 
Apr. 23 



An Answer from Majo' Gen'" Leverett g. E. 
to a Letter sent him from y^ Governo"' of /4vW\ 
N: Yorke bearing Date April y* 23*^. 1672. 



S^ 



Boston May y^ 9'^ Anno. 1672. 



Yo^ by M'' Sharp of y^ 23**^ April came to hand y^ 29''' 
day, thereby y^ first occasion offered unto mee to assume y^ 
Boldness to enter into this way of Correspondence w**' yo", 
not knowing but your beliefe may hold amongst Equalls, 
circumstanced sutably for Time & place, of w'^^ Number 
should I vallue myselfe, you might justly accompt mee worse, 
then Ayery,' whilest the Omission of that you count soe 
could not bee any tempation to you to prostitute his Ma'^^ 
Interest under your Betrustment to any cheape Rate, I hope 
I shall never give you any just Cause to blame mee for back- 

• An archaic fonn of airy and aery. 



1672 
May g 



714 Province of New York [lxxvJ 



^- ^- wardness in embracing any Opportunity offered for my 
(NYSL) Acting to Publick Benefitt, & less to suspect mee for being 



1672 



busy in enquiring into y^ Motions of any publique Instru- 
May 9 ment, least of all to bee censuring of them; Ever bearing 
it with mee as my great Concernment, to bee ready & able 
to give Acco? of my selfe, & may I bee helped in my private 
& more publique Capacity soe to carry it, that I may render 
my Acco' w"^ Joy unto y^ Lord vi^hose Barr there's noe 
avoiding; To mee it v?ill bee sufficient in attending to y® v?ay 
thereof; I'me sure there can bee noe ffaylor in preserving 
entire in his Ma'^^^ Interest, & the Nations Hono'' bee y° 
times never soe boysterous; & by y^ Grace of God I desire 
and shall endeavour to bee found most nearly allyed to 
those that feare God, Hono^ y^ King* Love y" Brotherhood; 
& in that may bee ready to doe Good unto all Men, that 
thereby I may keep close to Publique Interest & true Loyalty. 
Yo"^ Hono' intimating that some of yo' Souldyers had left 
their Colo!^% not nameing them I enquired of M"' Sharpe 
their Names, & told him (if he could give them to mee) I 
would secure them, if they were to bee found amongst us, 
& send them to you according to yo"^ Desire, who since 
informed mee that hee had learnt their Names, & that they 
had shipt themselves w**^ one M'' Thomas Genno"^ Comman- 
der of a Ship that is gone to Long Island to take in Oyle, 
& soe bound for London. Thus presenting my humble 
Service to yo*^ Hono^ I commend You to y® Protection of 
God, assuring you that I am. 

Yo' ready & affec^'*' Servant 

Jn? Leverett. 



[lxxvu] Collateral and Illustrative Documents 715 



No. LXXVII. 

NEW JERSEY REBELLION— LOVELACE AND 
CAPTAIN JAMES CARTERET. 



Lett^ from y* Governor & Councell to Cap' James Carterett G. E. 
as an Interposicon for a renewed fFriendship betwixt him (nysL) 
& Cap' Philip Carterett &c: 

The Govemo!" haveing lately receiy'd a Lett^ from his ^"572 
Ma^'® Dated y^ 10"' of March 167 J who out of a Paternall 
& Princely Regard to y* safety of these his Dominions in 
America, admonishes us (by the great Revolutions that are 
now likely to happen in Christendom) that wee might 
timely provide against y® Comon Enemyes of his Ma"*'' 
Just Rights and y*" true Interests of y^ particular Proprieto" 
to whom his Ma'"* has most graciously transferr'd over his 
Clayme of any of these his Territoryes of Colonyes on this 
Continent of America, by a more strict Vnion of our selves 
together, whereby wee may bee the better able to assist each 
other as Occasion or Exigence should require; And haveing 
taken notice of late that our next Neighbour Governour, 
Cap- Philip Carterett with whom hitherto wee have had a 
friendly & Amicable Correspondence, is now in a manner 
extruded from freely Exercizing that Authority, by w""" hee 
was commissioned to Rule and Governe those committed 
to his Charge & trust, & y® Legislative Power now exerciz'd 
by others; To the end his Ma''*^ gracious Advice & Commands 
may bee loyally & Solemnly observ'd. It will bee necessary 
that a true Vnderstanding bee known by what means this 
suddaine Mutation is made, that soe wee may not bee to 



7i6 Province of New York LAW 

*'• ^' seek to whom legally to apply our selves to, if ever any 
(HYSL) Immergencyes should call on us conformable to his Ma''^ most 
Gracious Will & Pleasure; Allwayes professing where the 
June II just Authority does reside to bee willing & ready on all law- 
full Occasions to bee soe serviceable to them, as wee desire 
y^ like from others, if need should require. Neither have 
wee occasion to feare, that those unhappy Breaches w'^'' have 
happ'ned amongst you, bee altogether soe desperate and 
uncurable, but that by y*^ Interposition of moderate & 
unbyasst persons to either Party, such a Composure may bee 
propos'd, as may satisfy all Interest, but those that delight 
in Nothing soe much as in Dissention. 

S^ if these amicable Proposicons of ours bee but hark'ned 
to (& by the Blessing of Almighty God) take that Effect wee 
cordially wish in y^ Peace & Tranquility of you our nearest 
Neighbor^ Wee shall have cause to bless God in makeing us 
y* happy Instruments to soe worthy a Worke; But if it fall 
out contrary to our profest Desires (which God forbid) yet 
wee shall acquitt our selves to all the World of the entire 
Syncerity wee have us'd to heale those Wounds w"*" (per- 
haps) the Enemyes to his Ma'"" & Lord Proprieto!^^ would 
bee gladd to see fester into a Gangreen, & soe become 
incurable. 

S!' Wee heartily desire you to take these our Reflections 
into yo'' serious Consideracon, & to believe noe sinister end 
whatever doth prompt us to this Interposition, but it being 
a Christian Charitable Worke acceptable (wee believe) to 
God, who is a God of Order, to y^ Loyalty & Duty wee owe 
his sacred Ma-'% & that Comon Charity wee desire may bee 
paid to each other, by endeavouring to p''serve a Vnity of 
Spiritt in y* Bond of Peace. 

Thus recorriending these our Reflections into your candid 
& ingenuous Acceptacon wee heartily take Leave of you, 



Ixxxvn] Collateral and Illustrative Documents 717 



desireing you to send an Answ"^ in Writeing by this Gentle- ^- ^• 
man y^ Bearer Cap' Dudley Lovelace, who will deliver this (NYSL) 
to your Hands. ^^^^ 

By Ord^ of y" Governo!' June ii 

and Councell. 
Fort James in New 

Yorke y* ii"" day of June 
1672. 

Cap- Tames Carterett his Answ' to y' above ®- ^• 
•^ .-' ^ ' 4:143 

written Lett^ (NYSL) 

Right Hon^"= S^ 

& 
Worthy Gentlemen. 

I received yo^^ per y* hands of Cap' Dudley Lovelace t^I\. 
Dated y^ 11"' of this Instant. The Contents I have per- 
used, & part of them doe finde meriting all Loving Accept- 
ance & kinde Entertainm'; assureing you that I doe fully 
concurr & acquiess w"' you in respect to any friendly Asso- 
ciation, whereby wee may bee made more capable to signify 
y^ Integrity & Sincerity in serving his sacred Ma-'^ in his 
Concernes either here or elswhere, & when Occasion doth 
present my selfe & y^ Inhabitants here shall readyly & 
chearfully manifest the same according to his Ma-'*'' Gracious 
Advice & Comands in whatsoever wee are or may be found 
capable; w"*' I hope & desire may Satisfy you or any others, 
who are dubious whom to apply themselves unto; if ever any 
Immergencyes should call on them; ffor you may please to 
believe That in what is, or may bee proper to us wee shall 
shew y* like willingness to assist you against any of his Ma''" 
Coinon Enemyes; But w'''' will afford you y* less Encour- 
agem', & wee indeed are ashamed to divulge, our Inhabitants 
are in a raw & undisciplined Condition, brought thereunto 
by Cap' Philip Carterett, who differing from all Martiall 



71 8 Province of New York [lA^viJ 



G. E. Men that ever I knew in the World, hath for severall yeares 
(KYSL) past threatned & forbidden our People upon paine of 
Death not to Exercize themselves in Military AfFayres or 
June 14 Discipline; w''*' together w'*" other Gross Miscarriages of his, 
contrary to our Concessions, & contrary to his own Com- 
mission hath formerly (in his time of Governm') unjustly 
dissatisfyed, disturbed, & impoverisht the Kings Subjects in 
this Province; And if then you or others who pretend such 
amicable fFriendship & Correspondence w"' him, had been 
pleas'd to advise & Councell him better, It might have been 
better for him then at this time. What you mean by Reflec- 
tions, is above my minor & feeble Capacity to apprehend; 
And as I favourably conjecture they are as inexpedient 
to promove & encrease Love & Peace, as Interpositions 
are to heale unhappy Breaches; of w*^"^ (by the Blessing of 
God) wee are freed of late, & doe enjoy very much Tran- 
quility amongst our Selves to our great Satisfaction; yett 
possibly not wholly exempt from turbulent, Jehu, & Ish- 
maelite Spirits as appeareth in all Ages, Provinces, & Juris- 
dictions, together with the old pernitious Sect of Tale- 
Bearers, w"*" the Wise-Man speaks of; And I wish that you 
& I may take that juditious & divine Advice of his; Pro- 
verbs y^ 20'^ & ig Ver: & y' 17*'' & is**" ver. 

S" In respect to y* Differences or Breaches that have 
hap'ned between Cap' Carterett & my selfe, there is (as you 
say) noe occasion to despaire, but they will in time bee 
healed or cured by the Hofi?'^ Lords Proprietor^ unto whom 
they are already p''sented & referred, as to y* most ample & 
compitent Judges in those Matt"; And I doubt not but yo"" 
selves will graunt them to bee moderate & unbyassed Per- 
sons on either side; And if soe, then most requisite that they 
should receive that Acco' w'^'' is rendred to them; the same 
which I suppose you mean by a suddaine Mutation here; 



[lxxviJ Collateral and Illustrative Documents 719 



A true understanding whereof is as much unnecessary to ^' E. 
bee declared to unconcerned Persons, as by what Authority (NYSL) 



1672 



I act & transact AfFayres here in this Government, a thing 
w*^*" I have never sought to pry into in other Governments; June 14 
and why any Acco' thereof should bee required or expected 
by you as a Councell I know noe Reason, seeing that I am 
not under Obligacon to render the same to any but to his 
Ma''^ & my Superiours the Lords Proprieto", by whose 
Ord" & Instructions I act, & shall in an orderly, meek, & 
peaceable way endeavour to suppress such who doe most 
falsely without either Shew or Colour of Truth repute mee 
a Disturber of y'' Countrey, like unworthy Persons as they 
are; who some I have accused of speaking treasonable words 
against his Ma"'' the King, & under y^ Guilt of y^ Breach of 
their Oath of ffidelity to y^ Lords Proprieto" & have fatally 
ruined their Interest here, & y^ poore Inhabitants of their 
Province in a great Measure. These have very lately pub- 
lished mee by their Writts a Rebell & Mutineer, who am 
Proprietor of my fFathers Interest in this Province; They are 
likewise great Disturb"^? of our Peace, they and only they, 
& doe frequently, arrogantly & falsly Declare in New 
Yorke that I have done it, because I have taken a Legall 
Course to putt a Stopp to their unjust, & unrighteous Pro- 
ceedings, greatly dishonor^'''* to God, his Ma''^ y* King, & 
y^ Lords Proprietor^; All w"*" I can sufficiently prove & make 
appeare to y^ Damage & shame of the aforesaid Persons, 
countenanced, encouraged, & believed by some in New 
Yorke; which I take unkindely; And if God spare life, I 
will give his Royall Highness an Accomp* of them by the 
first, & after second it myselfe by a Verball Declaracon how 
I am used in his Territoryes, as also who they bee that have 
appeared like Enemyes to King & Countrey, & perhaps (as 
you say) would gladly see Wounds fester into a Gangreen, 



720 



Province of New York 



[lxxvii] 



G. E. 

4: 143 

(NYSL) 

1672 
June 14 



& soe become incurable; which God forbidd, & grant that 
I may bee by all Lawful! & just Endeavo" an Instrum' to 
p''serve Vnity in the Bonds of Peace; A thing w''*' I can 
appeale to God (w"* a Conscience unblameable) & acquitt 
my selfe before all the World, I never did obstruct in any 
unrighteous or illegal Way; And it is my hearty and unfeigned 
Desire to live in all amicable Correspondence & Tran- 
quility with you and all Men. Soe you shall ever finde mee 

Your ready Friend 

James Carterett. 
Elizabeth Towne in New Jersey 
June y^ 14"'. 1672. 



G.E. 

4:207 
(NYSL) 



1672 
Sept. 18 



S'. 



Lett' from y* Governor to Cap- James Carterett 
of New Jersey. Sep: 18. 1672. 



I receiv'd yo' Lett^ by y^ hands of M'' Jones; y^ Con- 
tents were a Narrative of what had past between one of yo'' 
Magistrates & my Marshall; I must confess I have heard 
something of that Story though imperfectly; neither did I 
give too much Creditt to his Relation, finding him to bee 
too much transported, w"^** I can attribute to noe other 
reason, then what hee averrs, his hard Treatm'; Tis true, I 
employ'd him to forewarne all persons (that had not that 
common Civility in them to desire Liberty of mee,) to cutt 
& carry away Hay from Staten Island without my Appro- 
bacon; but it seems M"^ Hopkins (whether in contempt or 
Derision) p'^sum'd to make an Essay, whither the Pro- 
priety belong'd to his Royall Highness, or y* Lord Proprieto", 
& as my Servant averrs, when that was y^ Dispute, hee was 
soe confident as to decide it theirs (for that was the Terme) 
And upon that Conclusion perhaps us'd him more vigor- 



[lxxvii] 



Collateral and Illustrative Documents 



721 



ously then some undecent Reply of my Servant might ^- ^• 
meritt. (HYSL) 

S"^ I hope there will not bee an Occasion of a Contro- 
versy of the Title of that Place after 8 yeares possession, Sept. 18 
together with a lawfull Purchase of the Natives, & not the 
least Contradiction from y^ Lord Proprieto"; but if any 
pragmatick Person, out of any Officiousness or sinister Ends 
of his own shall intermeddle in that AfFayre, I shall assure 
him to maintaine my Royall Masters Interest to that Place, 
to the utmost of my Ability; M' Jones brought another 
Letter but finding the Superscription to bee M"' Hopkins his 
Hand, Hand, with whom I never had any Correspondence 
(neither desire I any) I refus'd the Acceptacon. I have noe 
more at present, but that I am 

Yo'' humble Servant 
N: Y: 18. Sep: 1672. Fr: Lovelace. 



Lre to Cap* James Carterett at 
ElizabethTowne in New Jersey. 
Hon^ ST 

I received yo^ Lre of y* 12"' of OctobT, wherein you seem 
to complaine of a barbarous & murtherous Act (as you are 
pleasd to name it) coiiiitted on y* Body of yo"^ Marshall, 
& at y^ same time, I am sollicited by M' La Preary, & y* 
Deputy Governo'^ Cap* Berry, who both are in the nature 
of Exiles, not daring to returne, the one to y^ peaceable 
enjoyment of his Estate, purchas'd by his hard Labour 
& Industry, the other from Exercizing that Authority of 
Deputy Governo*^ in the Dispensation of Justice, & y® 
preservacon of the Publick Peace, according not only to y® 
Oath hee stands oblig'd to, but likewise to that Trust law- 
fully invested in him by y'' Governo' Cap^ Philip Carterett. 
[46] 



G. E. 
4: 218 

(NYSL) 



1672 
Oct. 13 



722 Province of New York [lxxviJ 



*'•' ^8 W^^t to doe in this Case, & to satisfy two different Oppo- 
(NYSL) nents might puzzle a greater States man than I p''tend to 
determine; Yet when I reflect on y^ AnswT you were pleas'd 
Oct. 13 to returne to that Lett^ of ours, wherein (mov'd out of ten- 
der sence of the Inconveniencyes & mischiefs which were 
dayly growing to y*" hazard of y* effusion of Christian Blood, 
w''"' since has hapned, & wee having noe other Ayme then 
the peace & tranquilHty of you our Neighbo*^^ consonant to y° 
Commands of his Sacred Ma''% who enjoyn'd all Neighbour- 
ing Colonyes to enter into a strict Association w"' each other, 
that then (I say) you were pleasd to have soe little regard 
to those our kinde & friendly Proffr^, as in returne of an 
acknowledgm' of those Sentim?^ of ours, you wonderd wee 
should concerne our Selves in y* AfFayres of yo"^ Governm^ 
since you never sought it in ours; If S^ you continue in those 
resolutions still, you have then answerd yoT selfe; Neither 
doe I intend for y'^ future to concerne my selfe w**^ you in 
any Publick AfFayre, unless you undeceive mee by shewing 
mee a sufficient Deputacon from the L"^^ Proprietor^ to act 
as a Governor w^'out w"^*" I cannot safely adhere to you as a 
Publique Minist^ but abstracted from that As you have had 
y'^ large Experience of my Civility towards you, Soe (keep- 
ing within that Circle) you shall allwayes finde mee ready 
to acknowledge you as I desire to bee by you 

Oct^ 13 1672. Yo' afFection^^ Friend 

Fr: Louelace 

I had forgott to acquaint yo" that yo^ Prosecuto" attempted 
to enter on Staten Isl'? in Quest of M*^ La Prery, where if 
they had found him were resolved to carry him away w'^'out 
my Leave. I shall desire for y® future, you to refrayne that 
course, least you constreyne mee to fetch them back from 
you. 



[lxxvii] Collateral and Illustrative Documents 723 



Lett- to Cap* Tames Carterett at Elizabeth Towne ^' ^• 

r J 4:224 

in New Jersey. Dated 22'^ Octob: 1672. (NYSL) 

Before M^ Delavall resolv'd to shake hands with Albany '^72 

■' Oct. 22 

for this Winter Season, hee was Determin'd to kiss yours, 
& I have perswaded M^ Steenwijck & M'' Nicolls to 
accompany him, to try if yet there were a possibility left by 
a faire & amicable Interposition to make up those Rents w''*' 
by y* sufferings of some, & y^ Asperity of others (if not pre- 
vented) will grow past their skill to close; Neither can I 
dispaire but by this inconcern'd Interview (on their parts) 
but to hope for a good Issue, & the rather in regard M^ 
Melijn & Baker when parting last from mee returnd to you 
with great resolutions of propounding such Expedients for 
a Generall Accomodacon as might secure each Party (by 
severall Propositions & Conclusions thereon) both of their 
persons & fortunes, till the determinative Resolutions of 
the Lords Proprieto!^ might putt a period to all mistaken 
Distinctions on either side. S^ contrary to my once resolved 
Opinion of not troubling either you or my selfe more on 
this Subject, I have (upon y* Address of very many of your 
Inhabitants) adventur'd to make this last Essay, w"*" I wish 
may prove efFectuall, that soe when ever a Transmutation 
should succeed between my R: Master & the Lords Pro- 
prieto^% I might not present him instead of a peaceable & 
well dispos'd Territory (such as I hope to leave) & in 
Exchange of that a Land only replenisht with Bryars and 
Thornes; Thus heartily wishing you to make a serious 
reflection on all the evill consequences that necessarily must 
attend these Disorders, & by yo'' prudence & Moderation 
strive to prevent them, that not only the Proprieto'^'' may bee 
assured of their indubitable Rights, but the Inhabit'^ of 



724 



Province of New York 



[lxxvu] 



®;^^' their Immunityes & fFreedoms, w""*" & w''*' alone is the Cor- 
(KYSL) diall Wish of 



1672 
Oct. 22 



S^ — Yo^ afFec?'^ Friend 

Fr: Lovelace 



Fort James Octob' 
y* 22^ 1672. 



Col. MSS. 
22:144 

(NYSL) 



1672 
Dec. 9 



[Charles II. to Captain John Berry and Council of New 

Jersey.] 
Charles R. 
Trusty & welbeloved, wee greete you well, having beene 
informed, that some turbulent & disaffected persons. Living 
& inhabiting within the Province of Cesarea or New Jersey, 
The propriety whereof wee have granted to our right Trusty 
well beloved Councello'^ John L^ Berkley of Stratton & 
s^ George Carteret Kn' & Baronet, doe refuse to sub- 
mitt & bee obedient to the authority derived from us 
to the s*? L'? Berckley & s' George Carterett as absolute 
Proprieto*^? of the same, to the great prejudice of the s'? L'^° 
Proprietory the disturbance of the Inhabitants, & hindrances 
of the whole Plantacon there designed. Wee doe therefore 
hereby require you in our Name, strictly to charge & comand 
all persons whatsoever inhabiting within the s*? Province, 
forthwith to yield Obedience to the Lawes & Governm^ 
there settled & established by the s'? L?^ Proprieto" having 
the sole power under us, to settle and dispose of the s"^ 
Countrey, upon such Termes & Condicons, as they shall 
thinke fitt, And wee shall expect a ready Complyance, with 
this our Will & pleasure from all persons whatsoever dwell- 
ing or remaining within y? fores'? Province, upon paine of 
incurring our high displeasure, & being proceeded ag^' w'** 
due severity according to Law, whereof you are to give 



U^vin] Collateral and Illustrative Documents 



725 



publick notice to all persons that are or may bee concerned Col. MSS. 

(HYSL) 



& SO wee bid you farewell 

Given at our Cor* at Whitehall the 9"" day of Decemb. 
1672. In the 24'^ yeare of our Raigne 

By his Ma"^ Comand. 

Henry Coventry. 
To o^ trusty & well beloved 
Cap- John Berry Dep: Go: of 
New Cesarea, or New Jersey in 
America, & to his Councell there. 



1672 
Dec. 9 



Copia vera, compared with the Originall. 

James BoUen Seer. 



No. LXXVIII. 

PRUDENCE ISLAND — CONTROVERSY OVER 
JURISDICTION AND JOHN PAINE. 



Commission for M'' Jn° Paine Merch' to bee G. E. 
Chiefe Governo'' of Prudence Island. (NYSL) 



Francis Lovelace Esq! &c: Whereas I have by Patent 
granted & confirmed unto M' Jn° Paine Merch' a certaine 
Island called Prudence Island, & y^ Government of the 
same as may appeare by the said Patent, Dated the 25"" 
day of July 1672. & also by another Instrum' for confirmacon 
of the Priveledges & Directions or Instructions therew"' & 
thereunto granted, bearing Date y'' second day of this 
instant Month, both Sealed with y^ Seale of this Province; 
And having conceived a good Opinion of the fittness & 



1672 
Aug. 7 



726 Province of New York [lxxWI 



®; |- Capacity of the said John Paine to bee Governo'' &c: of 
(NYSL) the said Island to manage the PubHck AfFayres there, I have 
thought fitt to Nominate, Constitute, & Appoint, & by these 
Aug. 7 Presents doe Nominate, Constitute, & Appoint the said 
John Paine to bee Governor during his naturall Life, Hereby 
giving & granting unto y" said John Paine my full power & 
absolute Authority amply to act in all things upon the said 
Island as Governor as aforesaid; In the managem' of w"^ 
Employmen* hee is to use his best Skill and Endeavour to 
preserve his Ma''^ peace, & to keep the Inhabitants in good 
Order: And all Persons are hereby required to yield to the 
said John Paine such respect and Obedience as belongs to 
a Person invested by Commission & Authority from his 
Royall Highness in the Office & Employment of a Governor 
& Chiefe Magistrate in the Island afores^ And hee the said 
John Paine is duely to observe & Obey such Directions & 
Instructions as are already given forth for the well Governing 
of the Place, or as shall bee requisite thereto hereafter; And 
for whatsoever the said John Paine shall lawfully Act or 
Doe in prosecution of the Premisses this my Commission 
shall be his sufficient Warrant & Discharge. Given under 
my Hand & Seale at Forte James in New Yorke this y"' day 
of August in y^ 24"' yeare of his Ma'!'^'^ Reigne; Annocp Dfu 
1672. 

[Francis Lovelace.] 

^°l:^^i- [John Paine to Lovelace.] 

(NYSL) S- 

By my Las* from Rode Iseland I gaue yo*^ hono*" an Ace' 
Sept. 9 of w' passed relateing to Prudence wherin I met not with 
anye thinge vnexpected I desire (If you think fit) that 
you turne it not vpon mee but Justyfye you'^ act as I appre- 
hend you may fayrely doe since the Iseland is not named 



Opposite p. 726. 





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[lxxviiJ Collateral and Illustrative Documents 727 

[in Ro]de Isleland Patten and comprehended in many Col. MSS. 

others [of w]'=^ Conecticot & by the Antient Patten of (NYSL) 

Lord Starlins w^** the duke makes Claime to so y' though 

Rode Iseland Patten be before N. York, not before the Lord Sept. 9 

Starlins w^*" the Duke also hath, besides ther Patten Righ' 

was neuor demanded at y^ Iseland or of mee or any Possessor 

of y' Iseland In any place or at ani time though y^ Elegaly 

Constrained vs to pay toward I know not w* Publiq Charges, 

when I said Justyfy yo"^ Act If you thought fitt, I desire 

not If you think it may anj wise reflect vppon you bono'' 

as granting w' may not be within yo^ compas to maintaine y* 

it shoold appere to them what is granted or don for I both 

haue & can keep it from ther vew, but then be pleased to 

Send mee a Line Vnd^ yo*" hand to Suspend y^ puting it in 

force vntill Spring next Since the time when or firs' Cort 

shoold abeen held for this present yeer was Relapsed before 

y'' Patten was granted & I woold not be constrained to begin 

In Octo'"' & no time being fixt yo*^ [Hon]; may appoynt y* to 

be the time (Vid) Spring next & [if tjhey doe know that it 

is not to bare force til then it wil much amase them for y^ 

wil conclude by that you will haue ful sattisfaction from 

England about it & though I hold it to mean an action 

And too base a Pollicie to be an aduiseor or abetter vnder- 

hand to Indea ' y? y* are jnclined to Subuert the^ Gouermen 

y?' I heard it was whispered amonges* y"? ther Last Election 

& Som of y? wiseones that they thout it woold be ther 

best & Safes' way to put ther Patten vnder the Duke & 

they are deuided in many parties & If you Sh[ould wri]te 

to y'? that I may Shew or giue y"" If need require Somthi[ng 

of] purpose that what you [have under]stud comited to mee 

you wil bare mee out acting theri[n] [mutilateJ] [t]ime Shall 

[mutilated] to {mutilated^ therin in y^ meanwhile ther com- 

' Apparently " endear " is meant. 



728 



Province of New York 



IlxxviiiJ 



1672 
Sept. 9 



Col. MSS. plyance or deuition'' [shall be] [mutilated] aduantag* Since 
(NYSL) theyshal be kep* in Ignorance [of the matjtar you [mutilated] 
wil haue it [Sin]ce I am bould t[o] [mutilated] desir[e], [muti- 
lated] Raise many [mutilated] ther way I [h]ope [mutilated] 
att[en]d y'' Powder [mutilated] acquaint mee with th[e]m as 
you intended [mutilated] or two & for m'' Lara [mutilated] att 
Seuen pound ten [y^] baril monj al good, [mutilated] of newes 
[mutilated] [fjirnished w'.'' y? best wee haue 

Yo^ hon''^ [very] humble and fFaithful ser[v]' 
Sep^ 9. 72. Jn° Paine 



Endorsed: 



To the Righ^ hon"^^' Frances Lovelace 
Esq*^ Gov^ In Gen", of all his highnes 
Teritories In America — 
Thes 



Col. MSS. 
22:139 

(NYSL) 



1672 
Oct. 29 

and 
Hov. 4 



[Paine's Report to Lovelace concerning his Trial.] 

Jn? Paine answ" not Guilty & referrs to y^ Court & Jury 
& Pleades. 

Gen' of y? Jury you know y°' Place & duty, you attend 
to y® Law & Evidence, You are y? Subjects Preuiledge, his 
Maj^'" desires not y? Extreamity of Law or euidence to be 
improued against (but all jus* fauor to) his Loyall Subject. 
I am Indicte*? for takeing out a Patten, y' I neuer did, nor 
is it in my power to doe, nor haue I been y? p''son to act 
Such a thing, nor is ther any Evidence y' I haue Rec"? Such 
a thing as a Patten Or Comission but heresayd to Somthing 
relateing to Sofne wrighting or Coiriission but how Limete'' 
to y^ time, or other Condicions no man Saw nor red Such a 
thing, but in Some part, as one Ses, Good Sweet, whome I 
woold he were here to cleer & Explaine himself. & no one 



[l^vui] Collateral and Illustrative Documents 729 



Evidences, w* this wrighting was from y? authority of New Col. MSS. 
York, that it had y*" Seal, or ani Confirmacion of y' Goverm' (NYSL) 
they besides, are Single Evidences; But were thes Evidences 
full & clear, as they are not, that I had (vppon demand of Oct. 29 
authority) by virtue of a Patten from his Maj-'% makeing the Nov. 4 
first demand of mee, Rec'? or accept'? of a Patten, to Subject 
to y" Kings authority this distinct Place & Iseland, no man 
Evidence, that I haue Subjected it, nor haue I don any act, 
nor is ther ani evidence y' I haue, nor is y^ ani evidence y' 
I haue in any measure or way Contemne*^ authority. Nor 
was thee Claime of this Jurisdiction Ever made to mee till 
now, notwithstanding I constantly & all wayes refuseed to pay 
Rates, demanding by what authority It did appere y- I was 
obligee'^ therto. & for m": Bostons Saying I desired him 
Exicution migh* not proceed, I did only desire it might 
proceed then Vppon Som Estate migh' apper of mine In the 
Towne, to Saue chargees of officers going over If y- hee 
woold take it And to yor Law, which I neuor heard er now, 
touching any inhabitants Subjecting his Landes, I neuor 
was acquainted with Yor Law, nor was an jnhabitan', or 
ffreeman or so looked vppon y* I know, nor euor had warning 
or notis Since I was (for about 15 yeers) concearnd in y® 
Iseland of anj apperance, or Towne, or Collonyes Concerne 
In this Jurisdiction. & an Iseland so remote as y* Is, I may 
Refer itt to all Reasonable men how I can be reputed a 
breaker of the Law, or Contemneor of an authority which 
as often as I haue been at this Iseland did neuor desire mee 
to Submit to this authority by ther Patten deriued to y"^ 
from the King", nor neuor sent officer to Proclaim y^ author- 
ity on y*" Iseland, or declare mee to be vnder them, or warne 
mee off y" Iseland to appere at ani time or jn ani place 
or Publiq meeting to be Informed thereof. & let it not bee 
offensiue If I remind you Gent [that] as I haue neuor heard 



730 Province of New York [Lxivm] 



Col. MSS. of ani Law to condemne a man thaft is] but passiue, and 

22:139 , , . .'•.-' '^ .. 

(NYSL) no wise actiue, for haueing a wrighting & Comission in 

his hand If it were taken for good w' Evidences haue Sayd; 

Oct. 29 That on y® Contrary ther is Law to Cleer mee. for in the 

Nov. 4 next Artickle In the [Pa]tten to that of y'^ boundaries as I 

humblely doe conceiue his Maj'^ of If bee had foreseen 

Some differences likely to arrise between this & his other 

Colonyes doth graciosly of his Paternall care preuent this 

Colonyes assumeing ther Power In away of Violence or to 

the Oppression of his Subjects by his Express Will & Pleasure 

Signifying to this Colony That that Shall bee ther way of 

Proceed In matters of a Public^ Concearne y' hath relation 

to any of his other Collonyes that they appeal to himself 

for a Redress This Is a matter of a Publique Concearne not 

my private difference I desire & shall Indeavo'' a Complyance 

Jn? Paine 

In Court deliuerd y* 29 of Octobr 1672. a true Coppie as 
attes-^ Jn? Samford Record?' 

This was putt in to Court after 
dinnor. & in y^ Place of the other 
Paper by mee Collected where 
ther is y? mark |^^ in y? Marjen^ 

Hon'^ ST 

I haue wrott half a Letter more must refFer you to the 
next appertunity which I expect wil be Cap- bedlo In a few 
days by home I hope to giue you better sattisfaction of yo' 
more p^ticuler bisnes I humbley Kiss yo' hand 

& Subscribe S^ yo' ffaithfull 
Serv* Jn° Paine 

Prudence Iseland N? y'' 4^*^ 1672 



[i^vm] Collateral and Illustrative Documents 731 



[Trial of John Paine.] Col. MSS. 

Right Hono-^' (NYSL) 

I coold not in duty Omit this my firs* Opertunity* to 
acquaint yo^ hon?' with the Courts proceeds against mee [NovemberJ 
at Newport. In the Las- you had accoun' of ther binding 
me over to y* Court & a Copie of my charge & my bond 
the next is my Indictm', 

I Indict Jn? Paine of Boston March^ for y!^ y^ S^ Jn? 
Paine hath pcure'' a Patten fro™ y* Goverm' of New York 
for Pruden[c]e Iseland being a part of this Colony which act 
of his is against the hon^ Crowne & dignity of his Maj"^ & 
absolutely against his Maj^*^ gracios Grant in his Letters 
Patten to this Collony& also a hig'^Contemp- of y® authority'' 
of this Colony. Edw*^ Richman Gen" Solicetor 

Dated at a Court of tryalls held at Newport OctoT 23 : 72. P' forswr yt 

Attest"? by Jn? Samford Recorder. Liberty of Paines ye Jury are 
excep' against y^ Jury Record^ the s"? m"' Jn? Paine being i except^ 
bound to y? Court apperes & the Indictm' & charge to him^|^|^°°* 
being red & asked Gilty or no* Gilty Pleades not Gilty: the 
Dep' Gov^ & m"^ Attorneys, Speech, & pleas "against Jn? 
Paine & his answ'^ as he hath to y^ best of his vnderstandeing 
Collected. M": Paine wee Looke at you as a quiet & In- 
genues p^son & beleue you haue don this as being Ignorant 
here the Law, Recor?"^ the Gen? Court of Coinission" held 
for y" CoUony at Warwick Novem' 2"? 1658. To preuent 
Inouacion in y^ Goverm' & Hbertyes of the Collony from 
forraine Power, it is ordered That If ani p^son in this Collony 
doe putt his or ani part thereof y* are within this Collonyes 
boundes vnder the Goverm' of ani other jursidiction, or doe 
indeauor actually to bring on any forraighne Power to 
Governe in any part or parts of this CoUonjes precincts, 
the Penalty for either of thes offences affores'^ shall be that 
y- offendor shall forfit all his Landes & Estate to the Col- 



732 Province of New York [ljSvuJ 



Col. MSS. lony^ The jury haue not yo"^ case & If y' you acknowledge 

(NYSL; yower Ignorance & Subject you shal haue w' fauor may be. 

1672 Paine I doe acknowledge my jgnorance. I neuor knew any 

[November] of y'= Lawes of this Collony neither haue I been Concearned 
with them or with y" Patten of this Collony m' Boston one 
of y* hon"" bench answer"^ y' about 3 yeers Since giuing him 
a Vissit I desireed y' a Rate w'^'? y^ Towne of Portsmouth had 
lay'd vppon mee, migh* be forborne & I Answr'? his worship 
had forgat y" passage I gaue him a vissit & after Other 
discorse desired that ther might be a little Suspending^ of 
the officers being Sent to y^ Iseland to take it ther & to Saue 
my great damage y' woold therby accrew I woold ord^ 
Som notis to be giuen y™ or shoold haue Some Estate of 
mine in Rhode jseland which they migh' Laye hould of 
if they woold take it. M'' Boston owneed thes were the 
words as nere as he coold remember or to this same purpose. 
it was replyed In Cour' y^ ther was Rates Several times 
payed by mee I answer'' I had neuor paid ani but alwayes 
refuseed & had [d]emande[d] by w' authority^ I was obliged 
to pay any, but neuo^ was Informed & did then In Court 
call Jn? Smith & W" Allin wh[o] had Hued vppon Prudence 
(longer then from ther firs' demandes of Rates) as my 
Tenants to testyfy that I neuor payd to ther Knowledge any 
Rate but being Informed of the demandes, did order y"? 
all wayes, (& forwarne yT) to pay anything Excep' they 
took it by Authority, for I knew no Reason of ther demand, 
nor y' I was Concern'^ with y^ Collony anywise, the Bound- 
aries of y^ CoUonj are here vppon causeed to be red w?** 
when I heard I did redyly acknowledge^ y' that Patten as 
it did by its Gen? boundaries comprehend (excep' ffishers 
Iseland) all Iselands Inclusiuely within such limetts So it 
included this. M"^ Attorny Gen" Pleades to y? Patten to 
yt Law of y^ Collony before Recited, to my breach thereof 



[Lxxvin] Collateral and Illustrative Documents 733 



and contemp' therby & the Penalty. I Pleaded Ignoran" Col. MSS. 
of y* Laws of this Collony^ of the Patten, & of being Con- (NYSL) 
cearne'* In Either — Dep' Gov'' If you haue yo"" Answ'' in 
wrighting you may giue it in. I Answ^ If it may Pleas y^ [November] 
Cour' I haue Collect'^ w' I apprehen'^ Sutable to help my 
memorie, & saue time, but it is a Ruff draft blotted & jnter- 
line"? I shal soon draw it ou' If y" Cour* Pleas. [L]' GovT 
y^ Court hath no other bisnes now it wil hind^ y" Cun[try] 
JP: Pleads & urges it, as a part of the essense of a Law, y' 
a[l]though Expressed to be made & in acted by Legal author- 
ity & written yet is no act or Law or hath y^ Force of a Law 
vntil Promulgacion or Proclamacion & as Proclamacion is 
an Inseperable adjunct & part y^ Essense of a Law, so are 
time Place & Proclamacion Inseperable Adjuncts & p* 
of y? Essense of a Patten or Comission y' giues y" being & 
without which they are but ded wrightings but I haue not 
Proclaimed any Power neither haue I acted by any nor is 
ther euidence y' I haue don it. I haue been Passiue as a 
Priuate p''son y* must Obay & shall to home I stand most 
justly Obligeed & for Contemp' of this authority* I cafiot 
charge my Self with it It were ill becoming a Gent: or ani 
p''son of Comon Reason or Educacion to contemne authority 
I acknowledge his Maj"^ authority to be of a more Sacred 
nature then to Contemne it. Dep' Gov' You herein owne 
not yo"^ Subjection to y^ Jurisdiction I am a Priuate 
Person, & passiue, it is not my duty to d[ete]rmine y*" Right 
of Jurisdictions for anj difference of y* nature [ajpprehended 
as adveaning it is of a Public^ Concearne a differenc[e] 
beetween y^ CoUony & y* Collony of New York, not mine, 
or in my [sa]yd Power to Resolue or Issue, I can but be 
passiue & doe desire y\ [sh"^] bee a Composure. Dep' Gov' 
Records Read y" oath or Ingagem' [as] S'? [in] y* Law of this 
Collony : Paines demand"? If he wil take it Answrs [I a]cknowl- 



734 Province of New York [l^vhi] 



Col. MSS. e(jgg njy Loyalty to his Maj-^ & to his Lawes freely & can 

(NYSL) freely take this Ingagem* here prescribeed with this caution 

that it prejudiceth not me or my Conecarnes in ani other 

[November] of his Maj'*^ CoUonyes, though I am no jnhabiten' or free 
man here. No Prouiso Is admitted. So furd^ addes. I 
haueing heard that Seuerall Collonyes demand's Prudence 
Iseland vnder y' Generall name of an Iseland by ther Patten 
boundaries & it haueing been Demanded first by virtue of 
his Royall highnes y" Duke of Yorkes Patten which was 
in part red to mee & y* Patten shew? mee to reed jn which 
Patten his Maj'^ hath Graciosly Confirm"^ the Lord Starlins 
Patten & right's allso which are y* most antient of thes 
Collonyes & takes in all Iselands in Gen? allso, to y^ west- 
ward of Capecod, not nameed. I doe not See how I can 
Reasonabely or Safely act furder but rest passiue. Dep* 
Gov": haue you been Cofnanded or Obligeed before now, to 
act by y'. or ani other Power, or to y* purpose. A. then I 
haue disobay"? & I woold not willingly bee disobedien' to 
ani authority deriued from his Maj'* Dep' Gov^ you haue 
great fauor, & freedom to plead I acknowlege ani fauor of 
y" honr'' Court, the Court adjornes for an howre til after 
dinnor. The Court is Sett, Paine, apperes, oflFers wh[at hee] 
hath drawne up for y^ Jury, y* red it is deliuerd y^ Jury, 
the [Jury] deliuers ther verdict Guilty, y^ Court demands 
haue you anithing furd' to propose. Paine. I desire y^ hon^^ 
Courts Charitable thoughts of mee I think it not So good 
Sattisfaction to y" Court or So just or hono'ble for mee since 
the jury hath passed & I may make no furder Plea to my 
Indictm* that I add to what I haue Sayd vntil the Court hath 
passe'^ ther sentance but that with all Submissiuenes I owne 
authority & Shall Indeauor w' lyeth in me to doe or propose. 
Dep' Gov*^ the Court shews you all y*" fauor & previledg^ is 
Sutable &c and you may take yo' Liberty vppon y°^ Promise 



[lxxvui] Collateral and Illustrative Documents 735 



to apper on y* forth or fifth day wee Suppose you to valew Col. MSS. 
yor word doe you promise apperance. I doe promise to (NYSL) 
appere & I valew my word more then a bond On the fifth 
day y^ Court Setts. Paine called apperes, the Sentance is Red. [November] 
The Court doe Pass y"^ Judgem* y' in This case m^ Jn? Paine 
hath transgressed y^ Law of this Collony & doe Sentance 
him accordingly Only Doe suspend y? Exicution vntil y* 
Generall Court of Tryalls in May next at Newpo"^ 

Jn? Samford Record'' 

y^ Court Expreseth y' fauorable dealing & make no 
furder demands of Paine. Paine An" I acknowledge y* 
Courts Respects & favor & y* they haue delt wisely in 
giueing this Oppertunity for a Composure of this difference 
which I shall Indeauor hartyly. this Answ' was well Rec'^ 
& Paine took leaue of y^ Cour' 

Addressed: 

To the Right hono''^ Frances 
Lovelace Gov^ in Genera" 
of his R: Highneses 
Teritoris Jn America 

P^ m^ Jn° Browne 
Q. D 

Endorsed: 

W Paines Ire 
& narracon at 
large to the Go- 
vorno^ about his 
Tryall at Rhode 
Island. in 

Oct' or Nov^ 1672 



736 Province of New York [l^W] 



G. E. I^re from v^ Governo' to M' Holmes of Rhode Island. 

4:267 ' 

(NYSL) 



Mar. 10 



M' Holmes. 
1672/3 I receiv'd yo^ kinde Letter by M' Barker, & y* same good 
Wishes you sent mee, I returne to yo"' selfe the like, if God 
please to accept of them. You may bee certaine that I shall 
not bee wanting to you for a Lott on Staten Island, but 
withall you must bee contented as both yo"^ Son & others are; 
you will perhaps smile when I shall tell you I may see you 
this Spring at Road Island; & truly if my Purposes bee not 
interrupted by any publick AfFayre, I intend to visitt those 
parts I have lately assumd under his R: H^ Protection; 
that is, Martins Vineyard, & Nantuckett. for Prudence, 
though absolutely tis compriz'd under his R: H^ Patent, yet 
I will not soe asperously press it without a Calme Discourse 
w"' the Patentees of Rhode-Island, and after that too, 
fairely to referr it home to his Ma"^ on his Royall Highness 
behalfe; In the meane time tis an Astonishment to mee to 
see the Proceedings soe sharply prosecuted by those in 
Authority w"' you against Mr Paine, knowing that in a 
Case disputable, the inferiour must submitt to the Deter- 
minations of those above him. In the Interim I desire 
only to bee understood as one whom his Duty obliges to 
assert his Masters Interest, & that not frowardly but 
peaceably & amicably, knowing that my Results at best 
are noe more valid then as they receive Approbation from 
my Royall Master. I have noe more at this time, the 
Opportunity of the departing of the Vessell not suffering 
me to launch on further. I only have time to wish you 
length of dayes & happy ones, & an Assurance that I am 

Yo^ Loving Friend 

Fr: Louelace 
Fort James Mar 
y^ 10"? 1672. 



[l^x] Collateral and Illustrative Documents 737 

No. LXXIX. 
WAR DECLARED WITH HOLLAND. 



New England to proclaime the Warr. * (irySL) 



Apr. 3 



Charles R 

Trusty and Well beloved Wee Greet You well. Haveinge l^^\ 
found Our Selfe Oblidged for the just Vindication of the 
antient and undoubted Rights of Our Crowne, and for 
reparation as well of the many affronts and indigneties 
done to Our Royall person and dignety, as of the frequent 
wrongs and injuries done to Our Subjects by the States 
Generall of the Unitted Provinces to declare Warr against 
them, Wee have thought good hereby to give you Knowlidge 
thereof Willinge you forthwith upon Receipt hereof in the 
ussiall manner to cause the said Warr to be proclamed within 
that Our Collony accordinge to Our declaration (Copies 
of which Wee have directed to be herewith Sent you) and 
that at the Same time you cause Seizure to be made of all 
Shipps goods and Merchantdizes belonginge to the Said States 
Gener" or their Subjects. And because Wee have reason 
to beleive from the Constant evill minde they have been 
alwaies knowne to beare to Our fforreigne Collonys and 
Plantations, and haveing lickewise understood that a Con- 
siderable Number of Privet men of warr, are now prepareinge 
in Holland and Zealand to be forthwith Sent into the West 
Indyes to infest and annoy Our Plantations there. Wee thought 

' The file copy of this document is lacking in the archives of New York, 
hence this text is presented from a Massachusetts copy, now in the New 
York State Library. 

[47] 



738 Province of New York [lxxix] 

(RYSL) fitt Out of Our Princely Care and Regard to the Safety of 
jgyj these remote Parts of Our Dominions, and for the Secureinge 

•Apr. 3 of Our good Subjects Inhabitinge there, or tradinge thither, 
to recomend it to you, as Wee doe by these very perticku- 
larly forth-with to apply your Selves jointly to Consider of 
the Condition thereof and by all the Speediest and most 
efectuall meanes you can early to provide for its Safety 
and defence, and for the Protection and Security of Such 
Shipps and Vessalls as Shall be from time to time Rideinge 
in the Roades and Harbo^^ there, from the Assaults & 
attempts of the Dutch. And pertickularly Wee thinke fitt 
to repeate Our former Orders to you, that all Such Shipps 
which Shall come thence be Enjoined to Saile in Considerable 
Numbers for their Cofnon Securety, and that then and even 
dureing their Stay there it will be fitt Some of the most 
Experienced officers have Authorety given them to Comand 
the rest Wee have thought fitt hereby to Authorize & em- 
power you to doe therein, what accordinge to this or any 
other emergencies Shall apeere to you to be most for the 
Safety of Our Collony, and Navigation of our Merchants, 
and further that in all other Matters Relateinge to the Juris- 
diction of Our Most Deare Brother the Duke of Yorke Our 
High Admirall &c. you Observe such Orders and directions 
as you Shall from time to time Receive from him, whome 
Wee have Cofnissionated to grant Letters of Marque and 
Generall Reprissalls against the Shipps goods, and Subjects 
of the States of the Unitted Provinces, Conformable to which 
Our Will and Pleasure is, that you take and Seize the Shipps 
vessells, and goods belonginge to the Said States or any their 
Subjects or Inhabitants within any their Territories, and to 
bringe the Same to Judgment and Condemnation accod. 
to the Cource of Admiraltrie and lawes of Nations. And 
these Our Letters that You Comunicate to the rest of Our 



[lxxixJ 



Collateral and Illustrative Documents 



739 



1672 

Apr. 3 



Collonys Your Neighbours, Our Pleasure beinge that with (NYSL) 
all care and applycation possible they arme them selves 
against the Dangers which threaten them in this Conjuncture 
from Such an enemy, and proceed accordinge to these Our 
directions, and Such as they Shall receive from Our Said 
deare Brother, assureinge them and all our Loveinge Sub- 
jects in those parts, that Wee shall not be wantinge on our 
Part, on all occassions to helpe, and Succour them to the 
Vtmost of Our Power and to Contribute all possible meanes 
for the Securety and improvement of the trade and Comerce, 
and Soe Wee bid you farewell. Given at Our Court at 
White Hall the 3^^ day of Aprill in the 24 yeare of Our Reigne 

By his Maj^'" Coiriand 

Ahlington' 
These 

ffor our Trusty and Well beloved the Governor 
ind Councill for Our Collony of the Massachusetts 

To 
Bee Comunicated to the Other Collonvs there 



Endorsed : 

Copie of his magisties 
Letter about y* dutch war 
to be pclaimed &c dated 
ye 2^th yggj. qJ- jjjg magisties 

raigne, y* 3"^ of Aprill 



[Lovelace to Winthrop.] 

Forte James y* 26*'' June 1672. 
Deare S' 

I rec*^ 2 Lett" lately from yo" of May 2^ & June y* 17^'' 

together w"" his Ma'"*^ Declaracons, & severall Gazetts, 

> Arlington. 



G. E. 

4:148 
(HYSL) 



1672 
June 26 



740 Province of New York [i 



G. ^- for all w'^'* I must acknowledge my selfe yo' obsequious 
(5YSL) Debto''; the Substance of most of it had arriv'd mee before. 



1672 



only I very much long'd to have a Sight of his Ma'"''^ Declara- 
June 26 con against the Hollander, in regard I beleeve upon that 
p''sumption the Govern'' of Boston caus'd open Warr to 
bee proclaim'd against the Dutch, I must confess I am not 
skilld enough to determine w^hether it bee proper, on a 
Declaracon only to use y" fformality of denouncing Warr; 
Proclamacons (w'^*' allw^ayes are accompanyed v?*^ Directions 
to y* particular Offic" to putt what is therein specifyed into 
Execution) have been y'' practicable way; soe that being a 
little in Doubt I have suspended y^ formality till either I 
receive Advertisem'^ from England (w"*" I dayly expect) 
or till by y* practice of our Neighbo"^^ they resolve my Doubts, 
of w""*" I principally desire yo^ Opinion. 

By Lett"^^ I receiv'd from Holland I am assur'd of the 
seizure of all our Vessells, that were unfortunatly in their 
Portes being 4 in Number, viz* my ship y" Fame, M"^ Dela- 
valls y' Margarett, M"" Stenwijck y" James, & Fredrick 
Philips the ffredrick; They are as yett but under an Arrest, 
being not proceeded soe farr as to a Confiscacon; Wee hope 
y"^ 32 Article of Agreem' at Breda, will secure us, there being 
a particular Provision made against y* Inconveniency of a 
suddaine Rupture by allowing all Subjects 6 Months Liberty 
to withdraw their Estates after a Stroak is strook; However 
wee must attend w**" Patience. About a fFortnight hence 
here is a very good Ketch design'd for England, w''*' I shall 
dispatch with a Pacquett to his Ma*|® & my R. Mast''; I 
thought good to advertize you of it, that soe (if you were 
desireous to send) you might finde a suddaine Opportunity. 

S'' there is 4 Persons within 2 dayes runn away from hence, 
the one is a Covenanted Servant to M' Garland (who brings 
you this, the other is deboysted away by y^ rest, being my 



Ixxxix] Collateral and Illustrative Documents 741 



own Cook, Isaack Ratt by Name, who is notoriously marked G- E 
haveing the use butt of one hand, y" left being splitt in two, (NYSL) 
hee is of a light brown Hayre, & in gray Cloaths, but tis 
possible hee may change them, for hee had Variety; If hee June 26 
happen in yo'' Jurisdiction (as hee is gone that way in a 
Canoo, pray lett them bee stopt & sent back, & I (will w"" 
thanks,) satisfy what Cost shall arise on it. 

Truly S"" if there bee not some severer Course practiz'd, 
Mast^'' will neither bee able to keep their Serv'% nor Offic''^ 
their Souldyers. I can reckon 9 or 10 of our Souldyers that 
lye lurking in your parts, though I am very well assur'd 
w*^out yo"^ Privity. Pray assist mee to yo'' power at this 
time in my Cooke, & you will lay an Obligation on mee to 
acknowledge my selfe 

Yo' afFec^'.^ Servant 

Fran: Louelace. 
To y" Hon^'^ John 

Winthrop Esq*^ Govern^ 

of his Ma'y."" Colony 

of Connecticott. 

Letter to S' Tn? Heyden K' Governor G. E. 
of his Ma?^''^ Island Bormoodos. (HYSL) 

S' 

Not only my naturall desire of p''serving a Correspondence [ juJ'y 1 1 
w'*" you is alone the Subject of this Letter, but haveing an 
Obligacon of a more transcendent nature on mee, w'^'^ is his 
sacred Ma''^^ Commands, who by a particular Letter has been 
pleas'd to Declare his Will & Pleasure, that I should make 
a Publicacon of a Warr between him & y^ States of y* 
Vnited Provinces, withall that I should take Care that these 
his Determinacons should bee communicated toy" rest of the 

' This recorded copy of the letter is not dated, but from its position in the 
volume appears to belong between July i6 and i8, 1672. 



742 



Province of New York 



LLXXix] 



G. E. 
4:167 
(KYSL) 



[16721 



Neighbouring Governor^ of any of his Ma*'" Colonyes in 
America, to the end his Ma''.^^ Commands may bee solemnly 
observ'd, I have taken this Opportunity to advertize you 
thereof, and vs^ithall sent you here his Declaration, w""" I 
have proclaim'd as y* Bearer hereof M"^ Reyton more 
particularly can relate, whom since I have menconed by 
Name, I cannot slipp my Penn without that just & worthy 
Character hee merited dureing his Abode in these parts, who 
being on his returne to you againe leaves us doubly aggrievd, 
first for his Loss, next that this unhospitable Soyle had noe 
allurement to prompt him to a Cohabitation with us. 

By a Ship that arriv'd here from Fyall, y" Master confidently 
averrs of a Peace between his Ma"* & y* Dutch, y* Intel- 
ligence being brought thither by an Eminent Coiriander 
(next in Dignity to y* Governo'') who brought it from Lisbon 
& was not 14 dayes under way, soe that it may now amount 
to neare two Months I p'^sume this is as fresh Newes as 
comonly can bee expected from Europe, & soe probably 
true; w*^** God grant as a means to stop that Efi^usion of 
Christian Blood y*^ brandisht Sword is now like to draw. 
S'' I have nothing more worthy to present you with at this 
time, only to assure you on all Occasions you shall finde mee. 

S^ 

Yo^ very much afi^ectionate 
and humble Servant 

Fr: Louelace 



G. E. 

4:170 

(NYSL) 



1672 
July 18 



Instructions for Cap' De-Lavall & M' Steen- 
wijck, at their goeing for Albany July y® 
i8'K 1672. 
Gentlemen. 

Forasmuch as you are sufficiently acquainted w*** his 
Ma''?^ Resolucons of prosecuting a Warr w'^ y* States of y® 



[lIxix] Collateral and Illustrative Documents 743 



vnited Provinces, as appeares both by his Publisht Declara- G. E. 

con, & likewise by his particular Lett" directed to mee to (NYSL) 

bee communicated to you, w"^*^ said Letters & Declaration 

. 1672 

you shall carry along w'*" you for your better Guidance & July 18 

Instruction, You are in the first Place after yo'' Arrivall to 

cause y* said Declaration to bee solemnly proclaym'd, by 

what fformality you shall conceive to bee most effectuall 

according to his Ma"" Intention & good Pleasure. 

You are likewise to see that y® Forte and Militia bee putt 
in that posture as may best secure themselves against the 
Attempts of any Enemyes to his sacred Ma*'* & his Royall 
Highness either publick or private. 

If you finde their fFeares too great, you may assure them 

an Expedient shall bee propounded, as will infallibly 

secure their Doubts by locking up y" River soe, that noe 

fforce shall bee able to attack them; to that end I propound 

this; In my Travailes I have observ'd (w"'' I desire you 

to take a more strict observation of y" Scituation as you pass 

that way) at Antonio's Nose upon the West Coast there is in 

a Corner a Piece of Ground well water'd, low, & very strong 

by nature, where if a Block-house were but erected, & a 

Breast worke cast up to make a Battery, & but 4 Gunns 

planted there, It would stop y® Passage of any Vessell or 

Vessells from passing up the River, y* place lyes in an Angle 

w<=*' y* Stream makes there, & y" Current setts on that Shore, 

within less then halfe PistoU Shott; This fforte being supplyed 

but with a douzen Men from Albany & Esopus to manage 

y* Gunns & to afford some small shott, must of necessity 

give a Stopp to any Vessell from attempting their Designe, 

if this bee not thought a proper Place, any other may bee 

pitcht on on y'^ East side of the River in the High Lands; 

Provided y* Scituation bee naturally low & capable to Erect 

a Batter}' & well water'd. 



744 



Province of New York 



LLXxixJ 



G. E. 
4:170 
(HYSL) 

1672 
July 18 



You are to use yo'' best skill and Industry to bring the 
Inhabitants to a complyance to a voluntary Contribution 
towards y^ Reparacon of this fforte their Mother & greatest 
Concerne, & you are to acquaint them of y"^ readyness of 
these parts & what Diligence is used to compleat the 
same. 

You are to call for the Ord" made when wee were last 
there, & to see what is executed, & if any thing happen anew 
to heare and determine it. 

What is here directed for Albany you may comunicate to 
the Esopus, still leaving the manner & method to your 
prudent Determination. 

Lastly as soon as conveniently you can dispatch yo' Af- 
fayres both publick & private I shall desire yo^ speedy 
Returne to mee againe, you well knowing how much I am 
destitute in your Absence of any helps. And soe God send 
you a prosperous Journey & Returne. 

[Francis Lovelace.] 



G.E. 

4: 181 
(UYSL) 



1672 
July 18 



Warrant to Cap' Salisbury to make seizure 
of all Dutch Goods & Estates at Albany. 

These are to Authorize & appoint you that w**" all con- 
venient Expedition after his Ma"" Declaracon of Warr 
against the States Gen^" of Holland shall bee proclaymed at 
Albany according to the Directions in the said Declaration 
sett forth, you seize upon and secure soe much of the Goods, 
Chattells, and Effects belonging to any of the Subjects of 
the said States as is in the hands of any of the Inhabitants 
at Albany or parts adjacent, and that you render mee an 
Acco* thereof, soe that farther Order may bee taken therein, 
& for soe doeing this shall bee your Warrant. Given under 



iLxxixJ 



Collateral and Illustrative Documents 



745 



my Hand at fForte James in New Yorke this iS**" day of G. E. 

July 1672. (NYSL) 

[Francis Lovelace.] 

To Cap' Silvester j^7\^ 

Salisbury. These. 



Gent. 



Lett"^ from y® Governo' to y* Offic'.' of 
y^ Militia upon Long-Island. 



Having an Assurance of yo'' great Care and Vigilance for 
the p'^servacon of the peace & safety of the Countrey in yo*^ 
severall p''cincts, I thought to have freed you from the trouble 
of this Letter, since soe lately you have by publick Proc- 
lamation been advertiz'd of y^ great Revolucons novs^ in 
Europe, & his Mat'^ Gracious & Paternall Advice to us 
how wee should comport our selves now in these boysterous 
times, wherein great part of Christendom is engag'd in Arms; 
To y^ end therefore that his Ma"-^ Princely care of us may 
bee retum'd by all due Obedience to his Royall Will & 
Pleasure, You are to follow these Directions. 

First, That you make an Exact View of y^ Ability of all 
Persons that are able to beare Arms according to the quali- 
ficacons specifyed in the Booke of Lawes. 

Next, That an OfficT bee appointed to view their Armes 
at their Houses, (there being great Deceipt practiz'd at 
Musters in borrowing of Arms) & to see that they bee well 
fixt, w'*" a proportion of one pound of Powder at least, & 
two pound of Shott. 

Lastly, That y*^ severall respective Command" draw out 
their Companyes to Exercize, & that a due Watch bee 
Establisht to give notice of the Approach of any Enemy if 
it should soe happen. 

These things being duely observ'd by you (of w'^*' I expect 



G. E. 

4:187 
(NYSL) 

1672 
July 28 



746 



Province of New York 



LLxxixJ 



G. E. 

4: 187 



1672 
July 28 



a due and speedy Acco* I question not but to render a good 
(NYSL) Accompt of yo*^ safety to our Royall Master, who will bee 
well pleasd to heare of your readyness to oppose y* Enemyes 
of our Nation, in w"*" honourable Vndertaking hee is already 
soe deeply engag'd. Thus having noe more to recommend 
at present to you, I take Leave of you, & bidd you heartily 

fFarewell. 

Yd' assured Friend. 

Fran: Louelace. 
Forte James y^ 28. July 
1672. 

To y* Justices of y* Peace, of the 
East, North, & West Ridings of York- 
shire upon Long Island, to bee commu- 
nicated to y' Captains, & other Offic^ of 
y* Militia, within their Precincts. 



G. £. 

4: 192 

(NYSL) 



1672 

[August?] 



A Warrant directed to Cap? NicoUs concerning 
the Militia of Horse upon Long Island. 

Whereas in this time of Warr, It is requisite that the 
Militia both of Horse & ffoot should bee carefully lookt 
after, soe that upon any emergent Occasion they may bee 
in a readyness for immediate Service, These are to require 
you, that you give Ord^ to yo^ inferiour Offic^^ That they 
make Enquiry how y^ Troopers under your Command are 
fitted & provided; And that some time the next month you 
cause them to meet together at a convenient Rendezvous 
upon Long Island; giving them charge to appeare w"" able 
Horses, Armes well fixt, & {furniture thereunto belonging, 
w*'' a convenient proporcon of Ammunition, and that you 
render mee an Accompt in what posture they are; And for 



[l^xI Collateral and Illustrative Documents 747 

soe doeing This shall bee your Warrant. Given under my ^- ^• 
hand this [blank] day of [blank] 1672. (NYSL) 

[Francis Lovelace.] 
To Cap' Matthias NicoUs. [August?] 

These. 



Commission granted to Cap' Salisbury & others, ?'^l, 
empowering them to seize upon all Goods or (NYSL) 
Merchandize appertaining to any of the 
States Gefi?" of y*" Vnited Provinces. 

Whereas in Obedience to his Ma''"^ Declaracon, v\rherein _^^72 
it is expressly enjoyned that y"^ Goods & Effects of the Sub- 
jects of y*" States Gen^" of y^ united Provinces in any part 
of his Ma''.^ Dominions should bee seized upon & secured, 
I did issue forth an Ordf to Cap' SaUsbury commanding 
him to see y'^ Contents of the said Declaracon putt in Execu- 
tion at Albany & parts adjacent, the w"*" in part hath been 
there already done by him; To the end that y'' true Intent 
& Meaning of his Ma'?'' Declaration may bee more effectu- 
ally prosecuted, & that what Estate soever more there can 
bee made appeare really & bona fide to belong unto 
the Subjects of the States Generall afores*? now in Open 
Warr & Hostility w"" his Ma''* may bee secured, I have 
thought fitt to nominate, constitute, & appoint, & by these 
p''sents doe hereby nominate. Constitute, & Appoint Cap' 
Silvester Salisbury [blank space for additional names] to 
bee Commissioners(of y* w"*" Cap' Salisbury to bee Presi- 
dent & have a double Voice) to make Enquiry & In- 
spection into all such Estates, & the same to secure in the 
hands of the persons w'*' whom they shall bee found, not 
to bee disposed of untill his Ma"?^ or his Royall Highness 
his Pleasure shall bee farther known therein, & that any two 



748 



Province of New York 



[lxxxJ 



G. E. 

4:227 

(NYSL) 

1672 
Oct. 25 



of y' Comm^ssion'^ the President being one, or three of the 
others in his Absence shall bee a Quorum to Act by vertue 
of this Commission; Hereby giving unto y^'said Commission" 
Liberty to Administer an Oath unto any person or persons 
for y^ clearing & discovery of the truth (w''*' Oath they are 
hereby empowered to give) & all other lawfull Act & Things 
to doe in prosecution of this my Commission, for the w''*' 
this shall bee to them or any of them a sufficient Warrant 
& Discharge. Given under my Hand & Sealed w"" the 
Scale of y'= Colony this 25*'' day of OctobT in y* 24"" yeare 
of his Ma"^'' Reigne, Annoc^ Domini 1672. 

[Francis Lovelace.] 



No. LXXX. 
SCHENECTADY — TRADING WITH INDIANS. 



G. E. 

4:84 
(NYSL) 

1671/2 
Jan. 9 



An OrdT prohibiting handling w"' the 
Indyans at Schanechtide &c: 

Whereas It hath not been found convenient that y* Trade 
of Handling w^^ y^ Indyans at Schanechtide should bee per- 
mitted or tolerated, for that it may prove a great p'judice 
to y*" Tov^rne of Albany; And Complaint haveing been made 
unto mee. That diverse small Partyes of Indyans doe come 
privately to Schanechtide, v?"" whom diverse of y'' place doe 
p''sume to Trade & handle, notwithstanding y^ severall Ord"^^ 
to y^ Contrary; ffor y^ p''vention whereof for y^ future; These 
are to Authorize & Empower Capt Sylvester Salisbury- Com- 
mander of y*" fforte at Albany, & Schout there, & in y^ 
Places adjacent, as hee shall have Informacon, or shall see 



iLxxxd 



Collateral and Illustrative Documents 



749 



Cause to make Search & Enquiry in any suspected House 
at Schanechtide or parts adjacent, for such Indyan Goods as 
are prohibited to bee handled there; And that hee bring the 
Transgresso*^^ to condigne punishm'; fFor y^ doeing whereof 
This shall bee unto him a sufficient Warrant. Given &c: 
this g"" day of January 1671. 

fFran: Lovelace 
To Cap' SylvestT Salisbury 

Cofnand' of y" fforte, & 

Schout at Albany. 



G. E. 

4:84 

(NYSL) 

1671/2 
Jan. 9 



No. LXXXI. 

MAMARONECK — JOHN RICHBELL AND HIS 

TENANTS. 



An OrdT about M' Richbell, & Jeremy CannifF, 
for composing y^ Difference between them. 



G. E, 

4:174 
(NYSL) 



Whereas I am given to understand, that great Contest & 
Contention is arisen amongst y® Inhabitants upon y^ Plan- 
tacons at Momoronock belonging to M' Jn? Richbell, occa- 
sioned principally by one Jeremiah Canniff & Anne his Wife 
his Tenants, who likewise (as is alledged) have very abusively 
defamed him & his ffamily, & y* said M'' Richbell haveing 
requested that I would send some Persons of Repute & 
Authority to enquire & examine into y* Matt^ upon y® Place 
& if possible to compose their Difference; These are to 
Authorize & Appoint you Thomas Lovelace EsqT one of y' 



1672 
July 22 



750 



Province of New York 



[lx^i] 



G. E. 
4:174 

(iresL) 
1672 

July 22 



Justices of the peace, Cap' Jn° Manning High SherrifF, & 
M*^ Jn? Rider at yo' best convenience w'^'in one Months 
time after y^ Date hereof to repayre to y® said Plantacons 
at Momoronock there to examine into & take cognizance of 
the Matt' & w'^all to Endeavour a friendly Composure 
amongst y^ Inhabitants, Of all w"^ you are to render mee 
an Acco' at your Returne, that a finall Issue & Conclusion 
of y^ Busyness may bee made; And for soe doeing this shall 
bee your Warrant. Given &c: this 22"" July 1672. 

[Francis Lovelace.] 



No. LXXXII. 

FORDHAM MANOR — DISTURBANCE LED BY 
JOHN PIETERSEN. 



G.E. 

4: 166 

(NYSL) 



An Ord' about a Difference between 
y' Inhabit" of ffordham. 



1672 
July 10 



Whereas I am given to understand that some Disturbance 
is arisen amongst the Inhabitants of ffordham, occasioned 
(as is alledged) principally by John Peitersen. These are 
to Authorize M' John Rider and M"^ Thomas Gibbs, to 
make Enquiry of & examine into y^ Matter, & endeavour 
a Composure & right Vnderstanding betvs^een them; Of w*^*" 
they are to render mee an Acco' & for v^^hat they shall Act 



herein this shall bee their Warrant, 
day of July 1672. 



Given &c: this lo"" 



[Francis Lovelace.] 



[ryxxni] Collateral and Illustrative Documents 751 

No. LXXXIII. } 

I 
NEWTOWN — DIVORCE OF THOMAS PETITT. 



A Bill of Divorce between Thomas Pettit ^- ^• 

4:213 
of Newtowne & Sarah his wife. (NYSL) 

Whereas Sarah v" wife of Thomas Petitt of Newtowne in 1672 

. Oct. II 

y*' West Rideing of Yorkshire upon Long Island was at y' 

last Court of Assizes held in this City accused for her defiling 
the Marriage Bed & committing Adultery w**" severall per- 
sons; All w"^*^ did soe evidently appeare to this Court that at 
the Suite of the said Thomas Petitt her Husband that hee 
might bee divorced from her, the Court did adjudge & thought 
it reasonable that it should bee granted, & recommended 
the same unto mee; Vpon due Consideracon had hereupon, 
& for the reasons afore specifyed. It being also conformable 
to the Lawes of the Government as well as the practice of 
the civill Law, & the Lawes of our Nation of England in such 
Cases provided, I doe adjudge & declare upon y^ breach of y* 
matrimoniall Contract by the said Sarah the wife, in com- 
mitting that great Crime of Adultery as aforesaid. That hee 
the said Thomas Petitt y^ Husband is freed from any farther 
Obligacon or Tye of Marriage unto her y^ said Sarah his 
wife, & hee is hereby pronounced to bee discharged & 
acquitted from the Matrimoniall Contract heretofore made 
between them to all Intents & purposes whatsoever; ffor 
the w*^*" this p'"sent Writing & recording thereof shall bee an 
absolute and Authentick Bill of Divorce. Given under my 
Hand & Sealed w'*' y^ Scale of the Province this 1 1"" day of 
October in y* 24"" yeare of his Ma''" Reigne, Annocp Dm 
1672. 

[Francis Lovelace.] 



752 



Province of New York 



LlxxxivJ 



No. LXXXIV. 
ALBANY — REPAIRS IN THE FORT, 



G. E. 
4:210 

(NYSL) 



1672 
Oct. 7 



Liberty given to Cap' Salisbury to build 
a Kitchin adjoyning to y" House in y' 
fForte, as hee shall see fitt &c: 

Whereas Cap* Silvest^ Salisbury hath rep''sented unto mee 
that the House in y* fFort at Albany stands in great need of 
Reparacon, & that it will bee for y^ future as well as present 
Convenience of the chiefe Officer there, that a Kitchin bee 
built adjoyning thereunto, It is Ordered, That it bee left to 
the Care & Charge of Cap^ Salisbury both for y'' Reparacon 
of the House & building the Kitchin, for the w'''' Agreem' 
is to bee made at the best hand, the Charge whereof shall bee 
allowed out of the Packt or great Excize there, of w''*' hee 
is to render mee an Acco' Given under my Hand at Fort 
James &c: this 7"" day of Octobr 1672. 

[Francis Lovelace.] 



No. LXXXV. 

SOUTHAMPTON — JOHN JENNINGS AND WIL- 
LIAM JANE vs JOHN COOPER, FOR DEFAMA- 
TION OF THE GOVERNMENT. 



G. E. 

4:233 

(NYSL) 

1672 



Gent. 



Lett^ to Cap^ Jn? Howell &c: 



I received yo^ Letter of y^ 14^*" of Novemb^ 1672., the Sub- 
Hov.'2i ject Matter being an Acco' of yo- Proceedings w"' the Marris- 



[lxxxv] Collateral and Illustrative Documents 753 



shal for his presumption of Administring an Oath, when the ^; ^• 
Matter appertain'd to the Justices properly; I could not (NYSL) 
have thought such a Punctilio could have begatt soe much , 
trouble as already it has done & like to doe, especially there Hov. 21 
being another AfFayre twisted w"^ it, & that is some defama- 
tory words John Cooper should bee accus'd to utter against 
the Assembly, for the w'^^ you have carefully & prudently 
bound over both partyes to answer at the next Sessions; It 
was a Wonder to mee since Jennings who (it seems) had 
long intelligence of Coopers carriage in this Affayre, that 
hee not soe much as ever reveal'd it, when all Partyes were 
here at y" last Assizes, where the whole Busyness might 
thorowly have been scann'd, but to lett it sleep all that time, 
& only to awake it to make it subservient to his private end, 
for I learn'd this Eruption should (perhaps) never have 
appear'd the light, had not Jennings been disoblig'd by 
Cooper in the refusall of delivering him into the whole pos- 
session of a parcell of Land hee had contracted w'*' him for. 
In fine, at this time I referr y*" whole Matter in Controversy 
to yo^ just & prudent Managery, not doubting but you will 
bee as zealous to preserve the dignity & reputation of those 
entrusted in the Publick Managem' of AfFayres, as you will 
have a tender respect for yo' particular Neighbor. I have 
taken the Deposition of William Jeanes, soe that now that 
is authentick, sufficient to validate y" truth of his Alligacon 
& Accusacon of Cooper, yet withall leave Circumstances to 
yo^ Justice, as to make a Determinacon (when you shall see 
Cause to determine) if it may end in such a Composure, 
not derogatory to what I have above specifyed; At yo' Ses- 
sions severall of y^ Councell & Justices of these parts are 
resolv'd to bee w"" you, on Occasions of publick Busyness 
& private, when that Matter may bee more thoroughly 
[48] 



754 Province of New York [l^w] 



^; ^- inspected, & those that shall appeare culpable left to suffer 

(HYSL) such penaltyes the Court shall finde fitt. 

S^ I have according to yoT Recommendacons invested 

Kov. 21 Jennings in the receipt of the Customes in yo' parts, & 
desire you to assist him in all lavpfull helps to the Execucon 
of his Office, if occasion shall present for your Aid. 

ffor y*^ recommendacon of yo^ Towne for you to bee con- 
tinued in your Office of Justice of the peace for the next 
ensueing yeare, I shall most readily consent unto it, & to 
that end have sent you yoT Commission, being very vs^ell 
satisfyed of the Execution of that trust I reposed in you 
this last yeare, & not in the least doubting of yoT continuance 
in the same care of the Publique. I have noe more, only 
on all Occasions that shall bee presented to you, to trans- 
mitt to mee the State of yo^ Affayres in those parts, that soe 
that Vnity may bee preserv'd amongst us, as may best tend 
to the peace & prosperity of these his Royall Highness Ter- 
ritoryes now under my care & trust, AUwayes remembring 
you beare a part of it. Pray recommend mee to all my 
ffriends about you, & assure them I shall allvpayes continue 
soe unless it bee their own faults. I am 

Yo' Loving ffriend 

Fran: Lovelace. 
Fort James y^ ai"" 
of Novemb' 1672. 

S' I had forgott to take notice 
of one particular busyness; It seems 
Jennings is remoovd from executing 
that Office of Deputy Constable ; 
for very vallid reasons now too tedious 
to rehearse I conceive it requisite, hee 
bee continued in that Office till the next 
Sessions. 



[lxxkv] Collateral and Illustrative Documents 755 



[Lovelace to Captain John Howell.] G. E. 

(NYSL) 
Forte James Novem: y^ 28'.'' 1672. 
To Cap' Jn? Howell Justice of peace of Long Island. 

The last I sent to yo" was in Answer to one of yo'? & M^ jj^^'' ^g 
Mulfords brought to mee by an unknown hand, & soe was 
forct to send it by Jennings, by w'^'' yo" will finde my sence 
on that Complaint Jennings seem'd to p'^ferr against Cooper; 
I am very much of yo^ Opinion, that his prosecution of 
Coop^ may take its rise from private Ends, not that I doe 
not believe Cooper may bee blamable of untoward Expres- 
sions (being a Man naturally not soe well polisht as others 
of a more gentle nature) but in regard the Matter lay buryed 
soe long w"'out y^ least mention of it till the Difference 
betwixt them both reviv'd it; I have referr'd y^ meritts to 
yo^ Determinacons at the Sessions, in w'^'' I shall desire you 
to bee a little favourable to Jennings concerning the Oath 
hee p'^sum'd to Administer w'^'out yo^ Appointm*; And I 
recomend this the rather, in regard it will bee a discouragem' 
to Publick Vndertakers of Offices, when by their unskill- 
fullness they shall runn into any Premunires. I doubt not 
but by yo^ Moderacon & Prudence to heare of such a Com- 
posure as may end in Love, & y^ p''servation of ffriendship 
amongst Neighbo*? 

Yo^ Brother presses mee for a Determinacon concerning 
the Regulacon of the Indyans AfFayres, it being discourst 
of at the Assizes, & referr'd to M^ Delavall for his Advice 
in it, but hee having ever since been at Albany, & but newly 
returnd I have not had an Opportunity to discourse it 
thorowly w'^ him, & indeed I am the more willing to for- 
beare till I receive some light from you; fFor since y*" Scene 
of that Affayre lyes properly amongst you I would willingly 



756 



Province of New York 



[lx^vJ 



G. E. 

4:240 

(HYSL) 

1672 
Nov. 28 



receive some Direcrions from you before I make a finall 
Determination in that AfFayre; To conclude both Reyner & 
yo' Brother seemd on the paym' of the Townes Benevo- 
lence to hint some Privilegdes you expected for that Place; 
to w*^** I can make noe other Ansv^er, but wonder at yo' 
impatience, since you have rep'sented that Affayre (veithout 
my Privity) to his Royall Highness to think I can doe any 
thing without his Direction. I am 

Yo' Affectionate ffriend 

Fran: Lovelace. 
I understand there is a 
Vessell design'd for yo' 
parts of a very consider- 
able Cargoe; if his Ma'!« 
Offic'? of the Custome 
shall have Occasion of 
yo' Assistance, I doubt 
not but yo" will afford 
it them. 



No. LXXXVI. 

ALBANY — MURDER OF JOHN STEWARD, OF 
THE GARRISON, BY INDIANS. 



G. E. 

4 : 248 

(NYSL) 

1672/3 
Jan. 27 



,th 



1672, 



Lett^ to Cap? Salisbury. Jan'7 %f 
about the Murtherers. 
Dear Salisbury 

The dismall Narrative of Stewards Death affected mee 
very much, though I was not much out of my Prognostick, 
that hee would dye some violent death, yet I little thought 
by the hands of Villanous Infidells; I very well approve of 



[l^vJ Collateral and Illustrative Documents 757 



yo' care & circumspection in y* apprehending of them, & G- E. 
am noe less gladd of the Tidings of their apprehension at (NYSL) 



1673/3 



Mt Pincheon's, to whom (by a monthly Post I have sent up 
to Boston) I have return'd him hearty thanks for the great Jan. 27 
Service hee has done in the apprehending of them, whereby 
the peace of the Nation is soe much concern'd when this 
comes to you you will with it receive a Commission of Oyer 
& Termini to try them according to Law. M'' Nicolls will 
furnish you w"" a Modell as to the formality of it; It has 
been resolv'd by mee & the Councell, this way to bee the 
most effectuall way, because not only consonant to our 
Lawes & practice, but the Pomp & solemnity commonly 
strikes as a great a terror in Spectato" as to y® Malefacto*?; 
The time of the Courts sitting cannot bee long, & therefore 
it will bee advantagiously necessary that Cap' Renslaer 
draw his Troop together to attend the Solemnity of that day; 
Commend mee to him & excuse my not writing to him at 
this time, & desire him to prepare mee two hundred Plancks 
w"" the first, but they must bee good because it is for a Case 
for my own House; here is little newes stirring, but expect 
by the returne of the Post from Boston Tidings of consider- 
able consequence; I shall not need to prompt you to bee 
vigilant in your Station, knowing your aptness to it by 
experience, only if the Game should shift & wee and Hol- 
land shake hands, you then may finde the ffrench a formid- 
able Enemy; but these things cannot bee done in the Dark, 
& therefore I shall bee vigilant to give you Advertizem^ of 
all y* Revolutions that arrive my hand; I have at this time 
noe more, but commend mee heartily to all our ffriends, 
especially yo- wife, & little fFranck. I assure you I am 

Yo' very Loving ffriend 

Fr: Lovelace. 
Fort James y* 27*'' 
Jan'?' 1672. 



758 Province of New York [l^vi] 



^- ^- Commission of Over & Terminer for the 

4: 249 ■' 

(NYSL) Tryall of the Murtherers of Jn? Steward at 

fFort Albany. 

T^n^28 Whereas not long since his Ma*'*^ peace hath in a very 
high nature been violated & broken w'^'in the Jurisdiction 
of the Towne of Albany, whereby John Steward one of his 
Ma*'?^ good Subjects hath been assaulted, & by some mur- 
therous & violent means done unto Death, & his House also 
robbed, of the w*^*^ two North Indyans, the one commonly 
known by y^ name of Kalcop, & t'other Keketampe, now 
Prison*^"^ in Hold stand suspected & are accused to bee guilty 
of the same; To the end y* due course of Justice may in 
these his Ma''^^ Dominions and Territoryes bee equally & 
duely prosecuted according to Law, from the w*^^ neither 
Indyan nor Christian is to bee exempt, but are accomptable 
to Authority for the Breach thereof. I have thought fitt to 
nominate, constitute, & appoint, & by these p'sents doe 
hereby nominate, constitute, & appoint Cap' Silvester Salis- 
bury Deputy Governor & Schout at Albany, Cap' Jeremias 
Van Renslaer, together w"' the whole Court of Commis- 
saryes, & all the Commission Officers of the Militia within 
the p'^cincts of Albany, Renslaers-wijck, or Schanechtide to 
bee Commissioners of a Speciall Court of Oyer & Termin' 
(of whom Cap' Salisbury is to bee President) to meet to- 

^ gether some certaine time by the said Commission" to bee 

appointed within the space of six dayes after this Commis- 
sion shall come to their hands (if the MalefactoT^ bee there 
in Custody) otherwise upon their Arrivall, to examine, 
enquire into hear & determine the Matter of fFact concerning 
y* Murder or Death of the said John Steward, & that the 
said Commission" or major part of them, of the w'^'^ y® 
Presid' is to bee one, doe putt the said two Indyan Mur- 



[lxxxviiJ 



Collateral and Illustrative Documents 



759 



therers upon their Tryall by the Bench or Court; & for y' 
better knowledge & clearing of the truth, they are hereby 
authoriz'd to call before them by Sub-poena or Summons 
such persons who can give in Evidence against y^ Prison" 
for our Soveraigne Lord the King, concerning y*^ said Mur- 
der, & them to examine upon Oath or otherwise; w*^*" Oath 
they are hereby empowered to give, & upon Conviction of 
the Delinquents, if they shall bee found guilty by the Court, 
that they proceed to Sentence, & Ord^ Execucon to bee done 
upon them as in the OrdT of Councell is sett forth according 
to the haynousness of the (fact, & the Lawes in such Cases 
provided. And for what the said Commissioners shall law- 
fully Act or doe in prosecution hereof, This my Speciall 
Commission of Oyer & Terminer shall bee to them and 
every of them a sufficient Warrant & Discharge. Given 
under my hand & Sealed w"" the Scale of the Province at 
fFort James in New Yorke this 28**" day of January in the 
24"^ yeare of his Ma''.^ Reigne Annocp Domini 1672. 

[Francis Lovelace.] 



G.E. 

4:249 

(NYSL) 

1672/3 
Jan. 28 



No. LXXXVIL 

FOX-HALL MANOR AND CAPTAIN THOMAS 
CHAMBERS. 



A Priveledge granted to Cap' Thomas Chambers, 
for y" Erecting fFox-Hall into a MannoT 



G.E. 
4:216 

(NYSL) 



Francis Lovelace Esq^ &c: Whereas Cap' Thomas '^72 
^ ^ Oct. 10 

Chambers Justice of the Peace at Esopus hath been an aun- 



760 Province of New York [lxxIvh] 



®/ ^- cient Inhabit' in those parts, where hee hath done signall & 
(NYSL) notable Service in the time of the Warrs against the Indyans, 
jg & having by his Industry in the time of Peace acquired a 
Oct. i6 considerable Estate, of which hee now stands possest. 
Amongst the rest having a Mansion house not farr from the 
Towne of Kingston commonly called fFox-Hall, with a great 
Tract of Land thereunto belonging, w'^'' said House is made 
defensible against any suddain Incursion of y^ Indyans or 
others; In acknowledgm' of the Services heretofore done by 
the said Cap' Thomas Chambers, & in part of recompence 
thereof, I have thought fitt to Erect the said Mansion House 
called fFox Hall & Land belonging to it into a Manno^, to bee 
known by y^ name of the Manno' of ffox-Hall, the w'''^ shall 
for the time to come bee held, deemed, reputed, taken, & 
bee an entire enfranchized MannoT of it selfe, & shall all- 
wayes from time to time have, hold, & enjoy like & equall 
priveledges with other Manno" within the Governm', & 
shall in noe manner or any wise bee under the Rule, Ord^ or 
Direction of any Towne Court, but by the Generall Co'i' 
of Assizes, or as from time to time y® said Cap' Chambers 
shall receive Ord" or Directions from y" Governor & his 
Councell. Given under my hand & Seale at ffort James in 
New Yorke this 16"^ day of Octobr in y^ 24"^ year of his 
Ma''*^ Reigne, Annocp Domini 1672. 

[Francis Lovelace.] 



[lx^viii] Collateral and Illustrative Documents 761 



No. LXXXVIII. 

NEW YORK CITY — BENJAMIN JOHNSON, 

THOMAS FAULX AND ROGER ESSEX, 

PRISONERS. 



Commission of Oyer & Termin' for y^ Tryall .^'jfj 
of Benjamin Johnson, Tho: ffaulx, & Roger Essex. (NYSL) 

Francis Lovelace Esq' &c: 

To y* Commission" of Oyer & Terminer 
herein men coned. 

Whereas severall Thefts & Larcenyes have of late been i^^{\ 
comitted as wrell within this City & p'^cincts as parts adjacent, 
of the w''*' Benjamin Johnson & two of his Complices here 
under named are accused, & at present remaine in Custody 
of the SherifFe of the City in y* Common Prison, & the usuall 
time of holding the Court of Assizes (at the w"'' all such ffelo- 
nyes & Capitall Crimes are properly to bee tryed) being at 
soe great distance of time that it will not bee thought con- 
venient to deferr the Execution of Justice soe long; I have 
therefore with the Advice of my Councell thought fitt by 
this my Speciall Commission of Oyer & Terminer to Nomi- 
nate, Constitute, Authorize, & Appoint, & by these presents 
doe nominate, constitute, authorize, & appoint M"' Jn? 
Laurence Mayo^ of this City, Thomas Lovelace Esq"^ Jus- 
tice of y^ peace, M'^ Oloffe Stevens Van Cortlandt, M' Cor- 
nells Van Ruijven, Deputy Mayo^, Cap' Jn? Manning High- 
Sheriffe of Yorkshire upon Long Island; & Justice of the 
peace, M' Isaack Bedloo, M"' Johannes De Pijester, M"^ W"? 



762 Province of New York [lx^vui] 



G- E. Darvall & M'' fFrancis Rombout Aldermen, & Capt Dudley 
(IfYSL) Lovelace, or any seaven of them, (the Mayo^ as President 



1672/3 



being one) to bee a Court to meet together & sitt upon Wed- 
Jan. ii nesday y^ 15*'' day of this instant Month at the State house 
in this City, then & there to call before them the Offend" 
now in Hold upon y" suspition & Accusation aforesaid, or 
any other person or persons suspected to bee their Com- 
plices & guilty of those Crimes, as also all or any such Witt- 
nesses who can give in Evidence or Testimony touching the 
Premisses, to whom they may administer an Oath for the 
discovery of the Truth, w''*' Oath they have hereby power 
to give; And the said Offenders to try by a Jury of twelve 
able & good Men, as also to pronounce Sentence against 
those who shall bee found guilty, & command the same to 
bee putt in Execution according to due course of Law in 
such Cases provided. And there being likewise now in hold 
one William Douglas who for diverse evill Acts & disturb- 
ance of the peace of the Governm' was heretofore after some 
time of Imprisonm* ordered to bee sent away our of these 
his Royal Highness Territoryes, not to returne againe under 
a certaine penalty; yet notwithstanding bee hath presumed 
soe to doe, for the which & also upon the suspition of his 
raysing new troubles bee hath been sent a Prisoner from 
Delaware hither; the said Commissioners are likewise to call 
the said Douglas before them, & to examine into the Matt^ 
& to proceed against him as a Disturber of his Ma".^ peace, 
& also sentence him (if found guilty) according to his Demer- 
itts; ffor the doeing of all w'^!' this my Speciall Commission 
shall bee unto all & every y* said Commissioners a sufficient 
Warrant; And all persons are hereby required to give unto 
y^ said Commission"? the due respect & observance of a 
Speciall Court of Oyer & Terminer constituted by Authority 
of his Royall Highness; & to bee ayding & assisting unto 



[lYYvVml Collateral and Illustrative Documents 763 



them in the prosecution of this my Commission as need G. E. 
shall require; w"'' said Commission is to last & bee of force (NYSL) 
untill Thursday the 16'!' day of this Month & noe longer. 
Given under my hand, & Sealed w'*" the Scale of y* Province Jan. 11 
at fFort James in New Yorke this ii"" day of Jan""?' in the 
24"" yeare of his Ma'""^ Reigne, Annocp Domini 1672. 

[Francis Lovelace.] 



The Names of y* other two ) Thomas ffaux and 
Complices are ) Roger Essex. 



Directions for the holding of the [Speciall] Col. MSS. 
Co" of Oyer & Terminer, appointed by (NYSL) 
his hono"^ the Governo'' for the Tryall 
of Benjamen Johnson, Thomas ffaulx, 
& Rogers Essex for Felony, as also of 
William Douglas for Misdemeano"" & 
breach of his Obligacon the 15"^ day of 
January. 1672. 

[Upon] the meeting of the Co^, The Clarke is to c[all 1672/3 
upon] [th]e Cryer to make Proclamacon, & say O Yes, 
O Yes, [O] Yes. Then let him say aloud after the 
Clar[k]e [s]ilence is comanded in the CoT* whilst his Ma''^^ 
Co[mission"] of Oyer & Terminer, are sitting, vpon paine 
of imprisonment. 

Then the Clarke is to read aloud. The Comission [o]f 
Oyer & Terminer. & after that to call over disti[nctly] the 
names of the Comission", who as they are called are [to] 
stand vp & make answer to their Names, If any [s]hall bee 
absent the Clarke is to Record the Default 



764 Province of New York [LxxxVm] 



Col. MSS. [Le]t the three Prison" Benjamen Johnson, Thomas 
(RYSL) Fa[ulx,] Roger Essex bee then call'd for to the SherifFe, to 



1672/3. 



bee [brojught to the barre 
Jan. w] [T]he which being done The Clarke is to bid the Cry[er] 
[ag]aine to make Proclamacon, & say as before O Yes, 

Then let him say aloud after the Clarke. 

[All] manner of ^sons, who have been sumoned, or have 
any thi[ng hejre at this speciall Co" of Oyer & Terminer, 
& can give Evidence for our soveraigne Lord y^ King, 
ag^' any [of] the Prison'^ at y' Barre, Draw neare & give yo' 
attendance 

Whereupon the Clarke is to make Enquiry of the SherifFe 
[for] the Returne of a Jury for the Tryall of the Prisone[rs] 
[a]t the Barre. 

[U]pon Returne of the JuroT^ names, then proceede to 
empa[nnel]l the Jury, by calling over their names, the 
which done, of the whole lyst returned, & the Clarke is 
to [record ?] the Defaults of Non-Appearance, who are to 
bee fined 

After that twelve of the Numb' shall bee pitcht Let them 
bee called over by the Clarke, The Cryer talle[y] them. One, 
two, &c. — Good men & true; 

Before the Jury is sworne Call for the Pri[soners] to bee 
sett to the Barr Then say to the Prisoners. These good 
men who [were] last called are to passe vpon yo'' lives & 
deaths, so if you or any of you have anything to object 
against t[hem why] they should not bee sworne. Challenge 
them as they come [to the] booke, & you shall bee heard, for 
that afterwards [it will] bee too late. 

Vpon any of y^ Prison" Lawfull Exception against any 
another of those returned is to bee put in his place, & [none] 
of y^ ^sons returned are to bee dismist, or depart the [court] 
vntill the Jury bee compleated. 



[LxSvm] Collateral and Illustrative Documents 765 



Then sweare the Jury according as in y' law bo[ok] is Col. MSS. 

directed for life & Death, bidding the Juro"^^ as [the] Oath (NYSL) 

is read to them to looke vpon the Prisoners at thfe barrel 

. 1672/3 

Then let the Clarke bid the Cryer to make O Yes, & say. [Jan. ii] 

Allard Anthony Sheriffe of th[e Citty] of New Yorke come 

into Co^ & prosecute Benj[amen] Johnson, Thomas ffaulx 

& Roger Essex on the be[half] of o'' Soveraigne L"^ the King, 

about certaine Thef [ts and] Felonyes cofnitted by them, for 

y® w^*" they stand here Vpon his Appearance, hee is to put in 

the Prese[ntment] ag^' all the three prisoners, which is to bee 

read. Then let Benjamen Johnson alone sett to the Barre. 

Then call to y® Jury & say Gent, of y* J[ury] Looke vpon 

the Prisoner you that are sworne. 

Then say 

Benjamen Johnson hold vp thy hand, when hee hath held 
vp his Right hand, Read the Endictment. 

Benjamen Johnson &c 

Then Benjamen Johnson what sayest thou A[rt thou] 
Guilty of the Thefts & ffelony whereof thou standest endicted, 
or not Guilty 

If hee plead not Guilty Aske 

By whom wilt thou bee tryde. 

If hee say By God & the Countrey (The usuall words) 

Then say : God send thee a good deliverance. So proceed 
to Tryall, By calling for the wittnesses & Examinacons, 
wherein Note that the other two wit[nesses] are to be admit- 
ted in Evidence ag^' the prisoner, before they are convicted, 
but not after. 

The wittnesses are to take the Oath in the Law sett for[th] 

Then the Prisoner hath liberty to plead for him[sel]f 

After all the President is to give a Charge to the Jury, who 
then are to retire by themselves & the Prisoner to bee re- 
turned to his place. 



766 



Province of New York 



r__Ko,_ I 



Llxxxvui, 



Col. MSS. Endorsed 
22: 124 
(NYSL) The 



1672/3 
[Jan. II 



Pap" about the 
Tryall of Ben: Jon son 
Thorn : Faulx, & Essex. 
16 Jan^ 1672.' 



Col. MSS. 
22: 127 

(NYSL) 

r 1672/3 "1 

|_ January J 



[Panel of Jurors.] 

James Staneley a Sworne 
Jonathan Sellick. a 
John Sellick. a 
William Browne a )- Sworne 
CharlsHill. a 
Daniel Lane, a 
Paul Hall, default 
Rich'^ Browne mast' of a Ketch ' 
Thomas Hall, a 
Henry Brasier. a 
Thomas Davis Barns 
12 Peter Winne? 
Thomas Major a 
John Garland, a 
Thomas Tailour. a 
Timothy Gabry. a 



Sworne 



Simon Jansen Romain. 
Nicholas De Metjer 
{Fredrick Philips. 

• Accompanying this endorsement is the following (now mutilated) note, 
viz: — " ffor [torn] the Court 1672 All manner of persons who have beene 
summoned, or have given their Attendance at this Speciall Co^ of Oyer & 
Terminer, are now dismist, the Court being dissolv'd. God save the King." 

' Names italicized are scored out in the manuscript. 



Opposite p. 766. 



' /■ t ■ afA^n i'( {ft c ( ■, 



- ^ 1 




> .l>,-,T.i^ 



-,%J..X. 






^-^ 










N-r-Su.-oU,., 








•:^.^^^ 



IWIL ■ 



AN EARI.Y JURY PANEL 

(Reduced from \2V-2 by 7V\ inches.) 



[tx^vra] Collateral and Illustrative Documents 767 



Gerrit Van Tright Col. MSS. 

Guillaume D'Honeur. (NYSL) 

John Barker 
Roberte Beach jjanuaryj 

Isacke Arnolde 
Thomas Bradley 

Endorsed: The Juro''? names. 



[Indictment of Benjamm Johnson.] Col. MSS. 

22:126 
rj,, T J. (NYSL) 

1 he Indictment. 

Benjamin Johnson, thou standest here indicted by the f 1672/3 "| 
name of Benjamin Johnson of y^ City of New Yorke, for 
that having not the feare of God before thine Eyes, but being 
instigated by the Devill, thou didst upon the 21*'' day of 
December last, or there about, advise & abett Thomas 
ffaulx & Roger Essex wickedly & feloniously to goe on board 
the Bo[at] of Cap' John Baker in the night time, riding in 
this [Harbour] then & there to cutt the Rigging, Sayles, & 
other Cordage [belonging] to the said Boat, who did carry 
them away in a Canoo [w''''] they likewise stole, & at two 
severall places more did th[en] also by the way steal diverse 
Plancks, or Deal-Boards the w"*" they did all carry to thine 
House, who wert not only an Abetto^ of the Theft but a 
Receiver of the stollen Goods, & didst likewise endeavour to 
conceale the same. Thou stand'st likewise here endicted for 
that upon y^ 19"^ day of the said Month or some time there- 
about, thou didst together w"" the said Thomas ffaulx & 
Roger Essex thy Complices, in two Canooes goe up the River to 
theTowne of Westchest', from whence & parts adjacent thou 
didst together w**" thy said Complices feloniously & privily 
take & carry away five Hoggs belonging to y^ Inhabitants 



768 Province of New York [LXJLsVm] 



Col. MSS. there, & foure of them didst brln[g] to thy House; As also 

(NYSL) that some time heretofore thou didst feloniously take out 

of a Boat lyeing at Allertons Key the Smiths Valley w*4n 

LjanuaryJ the p'cincts of this City, & carry aw[ay] a piece of Kersey, 
or wert a Contriver or Abetto^ of y* [same] to the great 
Damage of the right Owner; And also tho[u] didst steal 
or wert an Abetto^ or Receiver^ of a piece of [torn off] & a 
Trowell stoln from the House of Cap' Thomas De[lavall] 
at or near about the holding the Last Gefi^" Co" of Ass[izes] 
And also didst thy selfe in person or by one of thy Com- 
pli[ces] not long after the said time feloniously take out of 
the House of M*^ John Rider a Blanckett, & carry the same 
away, and severall other Thefts, Larcenyes, & Robberyes 
hast committed against the peace of our Soveraigne Lord 
the King, & against the Lawes of this Governm' in such 
Cases provided. 

Benjamin Johnson what say'st thou ? Art thou guilty 
of the ffelony laid to thy Charge, or not guilty ? 



Endorsed: 

Benjamin Johnson 
his Indictm^ 



Col. MSS. [Indictment of Thomas Faulx.l 

22:124 ' 

(NYSL) 

Tho: Faulx, Thou standest here endicted by the [name] 

fl^'iianrl '^^ Thomas Faulx of this City or of Man ■ Island adjacent, 

for that not having the feare of God before [thine] Eyes, 

but being instigated by y" Devill, thou didst [upon] the 21?' 

day of Decemb last or thereabout toget[her with] Roger 

'Hog Island, granted by Governor NicoUs to Captain John Manning in 
February, 1668, and hence often called in early times Manning's Island, but 
now the well known Blackwell's Island, in East River. Faulx was a servant 
of Captain Manning. 



Opposite p. 769. 












/»nt»- 



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FORM OF INDICTMENT OF THOMAS FAULX. 

(Reduced from 12V4 by SVa inches.) 



[LrSvm] Collateral and Illustrative Documents 769 



Essex wickedly & felonyously in the night [time] goe on Col. MSS. 
board the boate or Vessell of Capt John [Baker] where thou (HYSL) 
didst cutt the Rigging, Sayle & [other] Cordage belonging 
to the s'^ boate, & from the[nce] in a Canoo which thou [januaryj 
likewise stolest with thy Comerade carry & convey aw[ay the] 
same, & goeing from thence to the house of Ben[jamin] 
Johnson, an abettor & Receiuer of thy stolne Go[ods] together 
with thy s'? partner Roger Essex at two [severall] places 
steale & cary away diuers plancks or deale boards from off 
the shoare or warf[e]. Thou s[tandest] also endicted for 
that vpon or neare the ig"" day [of] the s'^ moneth thou didst 
together with Benjamen J[ohnson and Rog]er Essex in two 
Canooes goe vp the River to the towne of Westchester from 
whence & parts adjacent thou didst together with thy Com- 
plice feloniously [take] & cary away five hoggs belonging 
to y^ Inhabit''' the one of which thou did[st] leave at Man 
Island & the other 4 at the house [of] Benjamin Johnson, 
And likewise that at or about the time of y® gen" Co^ of 
Assizes last, thou didst steale] & take away a fish Carre 
lyeing in the Road twenty fishes comonly call[ed] [torn] fish. 
As also that thou didst not [torn] since steale a Canoe 
belonging to one John N [torn] als Virginia Jack & cutt out 
her Marke and at another time didst steale two hundre[d] 
[torn] of firewood from m' Jacob Kipps plantacon at Ki[pps 
Bay] together with severall other Cri[mes and] Misdemeano" 
wherewith thou standest accused, t[he which] is ag^' the 
peace of o"" soveraigne Lord the King, [& the] Lawes of this 
Government in such Cases provided 

Endorsed: 

Thomas Faulx his 
Indictment. 

[49] 



770 Province of New York Lxxlvni] 



Col. MSS. At a Speciall Cor* of Oyer & Termin' 

22:125 , "^ . ■' 

(HYSL) appointed by his Hono^ y^ Governor to 



1672/3 



sitt upon y* Tryall of Benjamin Johnson, 
Jan.'is-'ie Thorn : ffaulx, & Roger Essex, now in 

Custody for diverse Thefts & Larce- 
nyes, whereof they are accused 
Aforenoone. 

After opening y^ Court, & empanneUing y^ Jury Ben 
Johnsons Indictm* was read, to w°'' after a long p[ause] hee 
plead[ed] not guilty, but upon Examinacon of the Matt^ & the 
Testimonyes of Thomas ffaulx & y^ Boy Essex, [hee] was 
prov'd guilty of being privy to y^ Sayle, & pl[anks] 

The ffact about the Hoggs hee confesses. 

The Blanckett hee a long time deneyed, fathering it 
upo[n] ffaulx; but being evidently prov'd against him, hee 
at la[st] confesseth it. 

Something hee was taxt w'\ more then what was in [the] 
Indictm* viz* of a parcell of Lynnen stolne at Harlem, [w''''] 
hee hid (as they were wett) under his Bed, the w'''^ [a] 
Maid having formerly made known to Margery, s[he] upon 
her Oath declar'd all the Passage to the Court [upon] whose 
Testimony, & other apparent Circumstances h[ee was] 
found somewhat guilty therein, but not absolutely pr[oven] 

The rest hee utterly denyes. 

Soe the Charge being given to y* Jury by y* Presid' [the] 
Prison" are recommitted, & the Jury goe out upon [their] 
Verdict, the w"'' is to be brought in in y* Afternoon[e] till 
w'''' time y? Co^ adjournes. 

Afternoone. 

The Jury bring in their Verdict, & finde him guilt[y] 

The Sheriffe gives in an Inventory of his Goods & Chatte[ls] 

The Prisoner recomitted to y' place from whence hee came. 



[lxxxvui] Collateral and Illustrative Documents 771 



Thomas ffawlx brought up, & the Indictm' read, hee Col. MSS. 
pleads guilty to all the Thefts hee is chargd w"', but one, (NYSL) 
& that is the Canooe; of w"^*' hee seems very fairly to clear , 
himselfe, though only by his own AUigacons. Jan. 15-16 

Hee is recomitted to y® Custody of the Sheriffe. 

Roger Essex is call'd up, his Indictm' read, to w*^*" hee 
pleads guilty. 

hee is recommitted. & the Jury dismist. 

The People are ordered to w^'draw, & the Court consult 
about the punishm' of y^ Criminalls. 

It's putt to y^ Vote what Punishm* to bee inflected. 

Cap* Lovelace for Ben: Johnsons punishm* votes for 
whipping. 39 Lashes. 

Mt ffran: Rombout, votes for whipping 39 Lashes w*** 
a Halter about his Neck, as a punishm' for all the Thefts 
but y^ hogg stealing, & for that Crime of y® Hoggs to lose 
one of his Ears, according to y^ Ord'' of y^ last Co" of Assizes. 

M'' Darvall. y^ same & Banishm^ 

M"' Depijester y' same & Banishm' 

M' Bedloo. y^ same & Banishm' 

M' Van & Ruyven [sic] M"' Lovelace, & President the same. 
Soe as tis agreed by y^ Co" hee shall have 39 Lashes w"' 
a Haltar about his Neck, one of his Ears cutt off" & suffer 
Banishm' (not to returne into y* Governm' againe upon 
paine of Death.) 

ffor y* Punishm* of Thorn: ffawlx. 
Cap* Lovelace votes a whipping of 5 Stripes. 
M"^ Rombout. 25 Lashes. 
M' Darvall y* same, & soe to bee dischargd. 
M' DePijester the same. 
M' Bedloo. 30 Lashes & Banishm* 
Cap* Manning 25 & Banishmen' 



772 Province of New York [lxxIviii] 



c°>-.MS& M' Van Ruyven 30 & Banishm* 
(NYSL) M^ Oloff Stevens 20 & Banishm? 
1672/1 ^' Thorn: Lovelace 30 & Banishm^ 
Jan. 15.16 The Preside 25 & Banishm^ 

Soe that his full punishm* shall bee to receive 25 Stripes 
& Banishm^ out of y* Governm* & in cas[e] hee shall here- 
after happen to bee found in this Governm' hee shall loose 
one of his Ears. 

(For y^ punishm^ of Roger Essex. 

\ Cap^ Lovelace votes for 5 Lashes as afore. 

M' Rombout 6 

M' Darvall 10 

M'' Depijester 10 

M' Bedloo 10 

And all y' rest of y® Coiri"'^ vote the same namely 10 Lashes 
& upon thy committing any y® least ofF[ence] of the like 
nature hereafter thou shalt bee more severely punisht 
[accorjding to his [sic] Demeritt. 

The Co" adjourne till To-Morrow Morning at 9 a Clock 
Aga[inst] w'^'' time the Sentences of Court are to bee dr[awn] 
up, & publickly read, after w"*" is done the Co'^['] bee dis- 
solv'd. 

Thursday Morning, y® 16^'' Jan^''. 1672. 
The CoT* opened. 
The Prison" brought up. 
Their Sentences read. 

The Prison^ all fall dovfn upon their Knees, & thank y" 
Bench for their Clemency. 

Soe the Co^ was dissolved. 



[lxmh] Collateral and Illustrative Documents 773 



The Commission" according to y* tenoT of their Gjm- Col. MSS. 
mission doe give Order to the SherifFe that hee see y' Sen- (ififSL) 
tences of the Court putt in Execution; only for the time they , 
referr it to his Hono^ pleasure. Jan. 15-16 

Endorsements: 

The Co^ Proceedings The Co"^ Proceedings 

against Ben: Johnsons 
& his Complices. 



No. LXXXIX. 
ESTATE AND DEBTS OF NICHOLAS DAVIS. 



[Acknowledgments of Debts of Nicholas Davis.] 

Recorded for Philip Udall at the Request of Deedt 
M' Elias Doughty, the 16"' fFefery, 1672. (Sec. state) 

Know all men by these p'sents. That I Nicholas Davis 1669 
of Barnstable Mercht do acknowledge my selfe indebted unto etc. 
Philip Udall of fflushing, the full and just Sume of Sixteen Recorded 
pounds in New England Silver, to bee paid unto the said p*?'jg 
Philip Udall, or his Order, on demand, which is for a Parcell 
of Land, once Walter Salter Ordered him for Debt; ' Which 
the said Philip, or his Attorney, doth engage on Payment of 
the said moneys, to give unto the said Davis, or his Attorney 
a full Confirmacon of the said Lands, graunted him from the 
said Court, or Order of the Gen*"; And unto the said prem- 

■ See New Amsterdam Records, vol. 6, pp. 34, 41, 45. 



774 Province of New York [lx^x] 



Deeds Jsses, I do binde my selfe, my Heires, Execute^ and Assignes, 
(Sec. State) as witnes my hand, this 31''' [sic]^ of the 2^ Moneth, 1669 
, Nicholas Davis 

Apr. 30 Witnes, 

^^t'- John Bowne 

Recorded The marke of T D Tho : Davis. 



1672/3 
Feb. 16 



Rec? of this Bill in Silver, y' Sutiie of three pounds ten 
Shillings, as witnes my hand, y^ 3 1**" [sic] of y* 2'^ Moneth 1669. 

The marke of X Willm fFoster. 

Know all men by these p'sents. That I Nicholas Davis 
of Road Island, do acknowledge myselfe indebted unto 
Philip Udall of flushing, the Suirie of Eight pounds, in 
Boston Silver, on all demands, to the w'^'', I do binde my 
selfe, my Heirs, Ex*?, or Assignes, as witnesse my hand, 
this 22^*" of the ii'- Moneth, 1671. 

Nicholas Davis 
Teste. Frans Bloet Goet, Robert Howley. 



Deed! [Acknowledgment of Deed by Nicholas Davis, etc.] 

(Sec. State) 

Recorded for D^ Henry Taylour. fFeb'^''. 24^*" 1672 

Boston in New England the 26'^ day of Aprill 1671. 

i<57» Know all Men by these p''sents, that I Nicholas Davis 

etc. Merch* of Rhoad Island in New England, doe acknowledge 

Recorded ^Y ^elfe to have Bargained & sold unto Henry Taylour of 

1672/3 Boston Chyrurgion in the Colony of the Massathusetts in 

New England atores^ a certaine ffarme in the Township 

of Barnstable in the Colony of Plymouth in New England; 

to say, with two dwelling Houses, one Warehouse, & one 

•Apparently " 3i*h " is due to inadvertence, as the second month is April. 



t^mJ Collateral and Illustrative Documents 775 



Barne or Stable, w"" all Lands, Priveledges, Meadowes, Deeds 
Commons, Wharfes, Creeks, Water-Courses, w"" all other (Sec. State) 
Priveledges thereunto belonging or appertaining as by a Deed , 
of Sale from the Indyan Owners granted him & confirmed Apr. 26 

by the Order of the Governo-, & under the Clarices hand & 1- 

Seale, w'*" six Milch Cowes, twenty Ewes, two Steares about ^672/3 
three or foure yeares old, ten Swine, one Mare with all the ^^^' ^* 
Carts, Plow, Yoak, or Yoaks w'^ Chayne, or whatever is 
belonging to the ffarme at this day, as pertaining to Cattle, 
Carts, or fFurniture; & further the said Davis doth promise 
& engage to deliver & give possession unto the said Taylour 
or his Order at or before the twenty fifth day of September 
next, & to have Liberty to mow upon y^ same, when the said 
Taylour pleases; And the abovesaid Davis doth farther 
Promise & engage to deliver unto the abovesaid Taylour a 
Deed of Sale acknowledged by him before a Magistrate, 
& his wife giving up her Thirds before a Magistrate, with 
all other Writings concerning the same whatsoever, which 
is in Consideracon of a Bond of Eight hundred & fourty 
pounds, due Debt the Suirie of foure hundred & twenty 
pounds, w''*' the said Davis acknowledgeth to have received in 
full Satisfaction of the aboves'' Premisses; In consideracon 
whereof the said Davis, his Heyres, Executo", Administra- 
tor, or Assignes doth promise & engage to make good the 
abovesaid Premisses unto y* abovesaid Henry Taylour 
his Heyres & Assignes forever. In wittness whereof I have 
hereunto sett my hand & Scale the day & yeare above 
written. 

Nicholas Davis (Seale) 
Signed, Sealed, & Delivered 
in presence of 

Hugh Drury 

Henry Thompson. 



776 Province of New York [l^iJ 



De^ds Hugh Drury & Henry Thomson Witnesses to the 

(Sec. State) Instrum' above appeared y^ 4"^ of September, & made 

g Oath, that they see Nicholas Davis signe. Scale, & DeHver y" 

Apr. 26 same as his Act & Deed. Done before mee in Boston, 
etc 

1- Jo: Leverett. Dep: GovT 

Recorded 
1672/^ 
Feb. 24 Whereas the v?ithin menconed Agreem' vi^as to bee Com- 

pleated, & Possession given of the Premisses v^as to bee 

upon the 25''' of Septemb^ 1671. upon some farther Con- 

sideracon by mee Henry Taylour I doe Agree to lett Nicholas 

Davis have the use of all the w^ithin menconed Premisses 

for the Terme of one whole yeare from the day of the Date 

hereof; The said Davis is to Warrant all the Premisses, & 

to pay at the end of the yeare ten pounds in Cattle at the 

fFarme as they shall be valued by two indifferent persons. 

That this is our Collateral! Agreem' Wittness both our hands 

in Boston y" 25"' of Sep^ 167 1. 

Henry Taylour 

Wittnesses Nicholas Davis. 

W" Tailer 
James Gundry. 



William Taylour one of the Wittnesses to the Agreem' 
above signed by Henry Taylor & Nicholas Davis appeared 
before mee the 4''' of September 1672. & made Oath hee 
see them to signe the same. Done before mee in Boston. 

John Leverett. Dep: Gof 

Deeds 
(Sec. State) A bond from Nicholas Davis to D^ Taylor. 

1671 Know all Men by these p'sents that I Nicholas Davis 

etc. Merchant of Rhode Island in New England doe acknowledge 

Recorded my selfe to owe & bee indebted unto Henry Taylor of Boston 

Feb^a4 Chyrurgion in the Colony of the Massathusetts in New 



Lmix] Collateral and Illustrative Documents 777 



England aforesaid, the full Suine of eight hun[d]red & Deeds 
twenty pounds in Provisions at Money price, one fourth part (Sec. State) 
Wheate, one fourth Porke, one fourth Pease, & one fourth 

1071 

Indyan Come, to bee paid unto the said Taylo^ his Heyres, Apr. 26 

Execute^, Administrator^, or Assignes upon Demand at his 1- 

House or Warehouse here in Boston, for w'^'' payment well ^^^yl^V^ 
& truely to bee made & performed, I doe binde my selfe my ^^^^ '4 
Heyres, Executo" & Administrator firmly by these presents. 
In Wittness whereof I have hereunto sett my hand & Seale 
this 26'^ day of Aprill 1671. 

The Condi con of this ObHgacon is such. That if the 
above-bounden Nicholas Davis his Heyres, ExecutoT^, & 
Assignes doe deliver or cause to bee delivered unto the above- 
named Henry Taylour his Heyres, Executo'^% Administrato", 
& Assignes, a Deed of Sale according to an Obligation or 
Agreem' made the 26''' day of this present Month of Aprill 
167 1, in w"*" will more plainly appeare, That then this p''sent 
Obligacon to bee void & of none Effect, or else to remaine 
in full force, power, & vertue. As wittness my Hand & 
Seale this 26"' day of Aprill 1671. 

Nicholas Davis. (Seale) 
Signed, Sealed, & Delivered 
in the presence of 
Hugh Drury 
Henry Thomson. 

Hugh Drury & Henry Thompson appeared the 4''' of Sep- 
temb' 1672. & made Oath that they see Nicholas Davis 
signe, seale, & Deliver the above-written as his Act & Deed. 
Done in Boston before mee — 

Jn? Leverett. Dep: Gov'- 



778 



Province of New York 



Deeds 

3:147 
(Sec. State) 



Feb. 15 

Recorded 
1672/3 
Feb. 16 



[Contract of Sale between Philip Udall and Nicholas Davis.] 

Recorded for Philip Udall, at the Request of 
M*^ Elias Doughty, the 16"" February 1672. 

Know all men by these p''sents, That I Philip Udall of 
fflushing, have Bargained and sold unto Nicholas Davis of 
Road Island Merchant, all my right. Title and Interest, of 
all the Meadow that belongs to mee in fflushing; In con- 
sideration hereof, the said Nicholas Davis is to pay, or cause 
to bee paid, unto the above said Philip Udall, the full and 
just Suine of twenty five pounds in Silver, to bee paid at or 
before the 14"^ day of ffebruary next ensuing; And for the 
true performance hereof, the aboue said Nicholas Davis doth 
make over unto the said Philip Udall, one of his Houses in 
Smiths fflye in New Yorke, either John Cope-all's House: 
And for non performance of the above said premisses, the 
above said Davis is to Pay ffifty Shillings the yeare, for every 
yeares non-Payment; And for the true performance hereof, 
the above said Davis doth binde himselfe, his Heires, Exec- 
utor, Administrato" or Assignes; In witnesse hereof, wee 
have here unto set our hands this 15"" day of ffebruary. Anno, 
1671. 

The marke P of Philip Udall. 
Signed in the p'^sence of Nicholas Davis. 

Robert Howley. 
Signum 

Jane X Clements. 



G. E. 

4: 192 

(NYSL) 

1672 
Apr. 21 



[Certification in favor of Samuel Davis.] 

These are to certify all whom it may concerne that I have 
given liberty to M'' Samuel Davis to take & make use of 



[lx^ox] Collateral and Illustrative Documents 779 



thirty or fourty Plancks or Deale-Boards belonging to his *';^' 

late ffather, now lyeing in the Smiths Valley or elsewhere, (RYSL) 

to make up his Barne at the White Stone in the Jurisdiction 

. . -' 1672 

of flushing, or some other Convenience to secure the Come Apr. 21 
or Hay growing upon his Land there. Given under my 
Hand at Forte James in New Yorke this 21"" day of April 
1672. 

[Francis Lovelace.] 



[Acknowledgement of Deed by Nicholas Davis.] Deeds 

(Sec. State) 
Recorded for Samuel Davis this 

ai'*" day of ffebruary 1672. 
To all Persons to whom these Presents shall come I y^^"^'^ 

June 16 
Nicholas Davis of Newport in the Colony of Rhoad-Island etc. 

& Providence Plantation in New England Merchant & over Recorded 
the good Sloope calld the Dolphin & now riding at Anchor Feb^2i 
in the Harbour of Newport aforesaid, & of all & singular 
the Masts, Sayles, Sayling yards. Cables, Anchors, Cords, 
Roaps, Tackle, Rigging, Apparrell, Munition, Boat, & fur- 
niture to the said Sloop belonging in any wise appertaining 
send Greeting. Know yee I the said Nicholas Davis for & 
in Consideracon of one hundred pounds Sterl. unto mee in 
hand paid before the Enseling & delivery hereof by Samuel 
Davis of Newport Marriner' in the Colony aforesaid, the 
Receipt whereof I doe hereby acknowledge, have Granted, 
aliened, Bargained & Sold, & by these Presents for mee my 
Heyres, Executo-' & Administrator doe fully, clearly, & 
absolutely Grant, Alien, Bargaine. Selle, & Confirme unto 
the said Samuel Davis his Heyres, Executo^, Adminis- 
trator & Assignes forever, the good Sloop called the Dolphin, 

»By an itiadvertence this is written " Manner " in the original record. 



780 Province of New York LmiJ 



Deeds & pf aH singular the Masts, Sayles, & Sayle yards, Cables 

(Sec. State) Anchors, Cords, Roaps, Tackle, Apparrell, Munition, Boate, & 

flFurniture, to the said Sloop, belonging, or in anywise apper- 

June 16 taining; To have and to hold the said Sloope together w"" all 

!_ & singular the Premisses above by these p'sents granted unto 

^1*672/3'* him the said Samuel Davis his Heyres, Executor% Admin- 
Feb. 21 istrato^ & Assignes, quietly & peaceable to improve, 
possess, use & behoofe forever; And I the said Nicholas 
Davis the said Sloop together with all & singular the Premises 
above by these Presents granted unto him the said Samuel 
Davis his Heyres, Execute^, Administrato", & Assignes 
against mee, my Heyres, Executo", & Administrato", & 
any other person or persons that shall lay or pretend any 
Clayme, Right, Interest, or Title in or to the same for one 
whole yeare and a day will warrant & Defend by these 
p''sents; Perill of Seas, ffire, & Enemyes only excepted. In 
wittness whereof I have hereunto sett my Hand & Seale y* 
sixteenth day of June in the 24"" yeare of the Reigne of our 
Soveraigne Lord Charles y* second King of England &c: 
Anno(^ Domini 1672. 

Nicholas Davis. (Seale) 
Signed, Sealed, & Delivered in 
y* presence of 

Thomas Starr, 
John Steward. 
W" Hedge 
the R mark of 
Richard Gline. 

The 18"* day of SeptembT 1672. 

William Hedge on his Engagem' solemnly attestheth that 
this was sealed & signed by Nicholas Davis of Newport 
lately deceased, or drowned; Attesting further that the said 



[l^xix] Collateral and Illustrative Documents 781 



Nicholas Davis delivered the said Deeds to Samuel Davis Deeds 
, . _, 3:79 

his Sonn. (Sec. State) 

Attested before mee Nicholas Eastone G' 

1672 
June 16 

Thomas Starr one of y^ Wittnesses to the Bill of Sale above- ^*'^' 
vpritten came before mee y® 23"" of December 1672. & tes- Recorded 
tifyed upon his Solemne Engagem' that hee saw Nicholas Feb. 21 
Davis signe, Seale, & Deliver the above-written Instrum' 
to Samuel Davis, & that hee sett his Name thereto as a 
Wittness the same day & yeare as is exprest in the same. 

Francis Brinley Assist' 



[Acknowledgment of Deed by John Hicks.] Deeds 

(Sec. State) 
Another Deed about y* same Recorded for the 
said Samuel Davis y° day & yeare aforewritten. 

Know all Men by these Presents, That I Tn? Hicks of _^*72 

. _ June 20 
Newport in y^ Colony of Road-Island, & Province Plantacon 

in New England Ship-Wright, & Owner of the good Sloope 1672/3 
or Hull called the Dolphin, & now riding at Anchor in the 
Harbour of Newport aforesaid send Greeting. Know yea 
that I the said John Hicks for & in consideracon of the Sufne 
of Seaventy five pounds Sterling unto mee in hand paid 
before the Ensealing & Delivery hereof by Samuel Davis 
of Newport Marriner in the Colony afores"^, the Receipt 
whereof I doe hereby acknowledge, have Granted, aliened, 
Bargained, & sold, & by these Presents for mee my Heyres, 
Executo", Administrator & Assignes doe fully, clearly, & 
absolutely Grant, Alien, Bargaine, Sell & Confirme unto the 
said Samuel Davis his Heyres, ExecutoT^, & Assignes for- 
ever, the good Sloope or Hull called the Dolphin; To have 



Feb. 21 



782 Province of New York [ljSxdJ 

Deeds and to hold the said Sloope or Hull by these Presents, Grant- 
(Sec. State) ing unto him the said Samuel Davis his Heyres, Execute", 
Administrator, & Assignes quietly & peaceably to improve, 
June 20 possess, use, & behoofe forever; And I the said John Hicks 
Recorded ^he said Sloope or Hull by these p'^sents granted unto him 
Feb*2i the said Samuel Davis his Heyres, Executo", Adminis- 
trate", & Assignes against mee, my Heyres, Execute", & 
Administrate", or any other person or persons whatsoever 
Clayming by, from, or under mee v?ill Warrant and forever 
Defend by these Presents. In wittness whereof I have here- 
unto sett my Hand & Seale this 20"^ day of June in the 24''' 
yeare of the Reigne of our Soveraigne Lord Charles the 
second. King of England, Scotland, ffrance, & Ireland 
Defender of the ffaith &c: Annocp Domini 1672. 

Jn? Hicks (Seale) 
Signed, Sealed, & Delivered 
in the presence of 
James Clarke 
Wepen Clarke. 

^^I"^' The Receipt about the Paym? 

(Sec. State) Rhead-Island. 

Received of Samuel Davis of Newport Marrin' the full & 
June 20 just Suffie of Seventy five pounds Sterling Moneys of New 
Recorded England being in full paym* for the Hull of the Sloope 
Feb^ai ^-^o'phin according to Agreement; I say receiv'd in full Satis- 
faction for mee my Heyres, Execute", Administrate" & 
Assignes. As wittness my Hand & Seale this zo"* day of 
June 1672. 

Jn? Hicks (Seale) 
Wittness 

Wepen Clarke 
James Clarke. 



tmuJ Collateral and Illustrative Documents 783 

A Speciall Warr' of Attachm* to bee layd ^; ^• 
upon y^ Estate of Nicholas Davyes to the (HYSL) 
vallue of 400? due to Doctor Taylour. 

Whereas DoctoT Henry Taylour of this City hath made ^^72 
Comp'.' unto mee that Nicholas Davyes late of his Ma"'?* 
Colony of New Plymouth deceased, was in his Debt a very 
considerable Surne of Money, that is to say the Suine of 
foure hundred pounds & upwards as by his Acco'? doth 
appeare; for the securing whereof hee hath requested mee 
that an Attach m' may bee laid upon soe much of y® Goods, 
Houses, Lands, & Chattells heretofore belonging to y^ said 
Nicholas Davyes within this Governm', & as yett is undis- 
posed of, as will amount unto y^ Vallue of his said Debt; 
These are in his Ma"-^ Name to require you to lay this my 
Speciall Warrant of Attachment on soe much of y* Goods, 
Houses, Lands & Chattells of y^ deceased amounting to y* 
Sume aforesaid with incidental! Charges, whether in the 
Towne of fflushing, at the White-Stone, or any other part 
of Long Island ; of w'^'' Notice is to bee given by Docto' Taylour 
to such of the Relacons of the said Nicholas Davyes deceased 
as are like to Administer upon his said Estate in these parts, 
that they appeare by their Attorney or in person at the next 
Gen"!' Court of Assizes to bee held in this City beginning 
on the first Wednesday in Octob^ then and there to make 
Answer or Defence to y* Comp'' & Suite of the said Doctor 
Henry Taylour, of which they are not to faile least Judgment 
bee entred against them by Default. Given under my Hand 
& Seale at IForte James in New Yorke this 7"" day of Aug: 
in y' 24"' yeare of his Ma"** Reigne, 1672. 

[Francis Lovelace.] 



784 



Province of New York 



r No. 1 
LlxxxixJ 



G. E. 

4:190 
(RYSL) 

1672 
Aug. 14 



An Ord' about y® Estate of Nicholas Davyes 
late of Rhode-Island deceased. 

Whereas Samuel y* Son of Nicholas Davyes deceased hath 
been recommended unto mee by y^ Governo"' & Councell of 
Rhode-Island for my Assistance in his taking an Inventory 
of his late {Fathers Estate within this Governm' that y^ 
Creditor^ may have their just Dues, & y'' Remaind"^ of the 
said Estate bee disposed of to y® Widdov? & fFatherless 
according to Equity & Right; These are to require all Offic^ 
within this Province & Government, where y^ said Nicholas 
Davis deceased had any Estate to bee ayding & assisting 
unto the said Samuel Davis in his taking an Inventory there- 
of, & if hee shall desire the same, that they appoint some able 
& indifferent Persons to make Apprizement of the Vallue 
thereof, that hee may the better bee enabled to render that 
Acco' to y* Councell & his Relacons there as will bee expected 
from him; And for soe doeing this shall bee their Warrant. 
Given under my Hand at fforte James in New Yorke this 
14"^ day of August 1672. 

[Francis Lovelace.] 



G. E. 

4:192 

(NYSL) 



1672 
Aug. 21 



Liberty given to M*" Samuel Davis to carry hence 
10 or 12 Bushells Wheat for his Mothers use. 

Permitt & suffer M'' Samuel Davis to ship on board his 
Sloop the Dolphin of Road Island the quantity of 10 or 12 
Bushells of Wheat, It being for y^ provision of his Mothers 
Family. And for soe doeing this shall bee your Warrant. 
Given under my Hand at fforte James in New Yorke this 

21"' day of August 1672. 

[Francis Lovelace.] 
To y* Office at y^ Custome 
House. These. 



Aug. 23 



[l^ix] Collateral and Illustrative Documents 785 



Letter to y' Hon!''* y'' Governo' & G. E. 
Councell at Rhode-Island. (HYSL) 

Gent. 

I receiv'd yo^ Lett^ by y* hands of M"' Sam: Davis, & was au|^' , 
infinitely affected at y® untimely end of Nicholas Davis, 
whose active Spirit for the promotion of a publick Interest 
will now appeare a great Loss to y" Places and People hee 
converst w""; but Gods Will bee done; I am endeavouring 
to assist & direct his Disconsolate Relict & others of his 
Relacons concerned in the Estate as farr as I can, w^'^in 
the narrow p''cincts of my Circle. To w"'' end I have caus'd 
M'' Mayo^ to make the best Enquiry hee can of his ffortune 
fixt in this place, & to give an Acco' of it to Samuel; How- 
ever I am to acquaint you. That if either M"^ Davis, or her 
Sonne bee designed to take Care of the Estate in these parts, 
there will bee a Necessity in either of them to take out 
Lett^ of Administracon, (in conformity to our Lawes) other- 
wise they will not bee able to Act; Whoever shall bee con- 
ceived proper there, I shall not scruple to afford them 
Letters; & therefore the sooner they resolve the better; 
Here are many great Pretended to considerable Debts due 
to them from M": Davis,' w"'' must bee clearly demonstrated, 
otherwise I shall esteem them but as bare p'^tensions; This 
is as much as at p''sent I can bee subservient to yo' Desires, 
or those interessed [sic] in the irreparable Losse of the 
Deceased. 

By what I have now Acted in ffavour to these Concernes 
in yo' Recommendacons, you will collect the great Desire I 
have to live in all amicable ffriendship & Correspondency 



' The claimants allowed are listed in Records of New Amsterdam, vol. 6, 
pp. 388-389 (September 17, 1672). 

[50] 



786 



Province of New York 



[lxxzizI 



G. E. ^th jj^y Netghbo", & hope to meet w'*" the same thoughts of 

(HTfSL) others towards mee; Though lately I have been alarm'd of 

a Violent Action committed on M' Tn? Paine by some 
167a . . -' -^ 

Aug. 25 Authority under you; Neither can I learne the Malignity 
of his Crime to bee otherwise than a peaceable Desire of his, 
to bee settled (at last) under y" just Power & Protection of 
his Royall Highness, in whose Limitts by Patent that Island 
is compriz'd but for present satisfaction that AfFayre will bee 
referr'd to another Expostulation both by my selfe and others 
concern'd, In the meane time I have noe more but to assure 
you, In all amicable and Neighbourly Complacencyes, you 
shall finde mee to bee 

Yo^ assured ffriend to 
Forte James y" serve you — 

25'!^ Aug: 1672. Fran: Louelace. 



G.E. 
4:239 

(NYSL) 



Notice given to y* Credito" of Nicholas Davis 
to bring in their Claimes of Debt to y* Secretaryes 
w'^n a certaine time & care should bee taken for 
their paym'. 



1672 
Dec. 7 



These are to give notice to all persons within this Governm' 
who have any pretence of Debt or Clayme to make upon 
the Estate of Nicholas Davis deceased, that they bring in 
their Acco'? of Debt of Clayme to the Secretaryes Office in 
the IFort w^'in the space of six weeks after the Date hereof; 
Whereupon due course will bee taken to make Satisfaction 
to the respective Credito'? as farr as the Estate will goe; 
And all Debto'^ to the said Nicholas Davis his Estate are 
likewise desired to bring in their Acco'.' of Debit within the 



L^xix] Collateral and Illustrative Documents 787 



said limited time that a right understanding may bee had ^•^- 
thereupon, & as near as may bee every one concernd may (HYSL) 
come by what of Right belongs unto him. Dated at New 
Yorke this J^^ day of December 1672. Dec. 7 

By Ord'' of y" Governo' 

M. N. Seer. 
The like for Jamaica & 
y^ Inhabitants of y' North 
Riding. 

For Gravesend, & y* Inhab*.^ 
of y* West Ryding. 



A Warrant directed to v* High-Sheriffe to give ^^^• 

. . 4:239 

DoctoT Taylo' possession of Nicholas Davis (HYSL) 

his Estate at the White-Stone, for his 420? 

Debt. 

Whereas by an Ord' & Judgm' of y* late Speciall Co" of j,*^'' 
Assizes the Estate belonging to Nicholas Davis deceased 
lyeing at the White-Stone in the precincts of fflushing with 
the Stock & Appertenances was forthwith to bee apprized 
by 4 indifferent men nominated by y' s^ Co*? & possession 
thereof to bee deliverd unto D*^ Hen: Taylo' upon acco' of 
a Debt of 420? due unto him besides Charges of Suite; 
These are to require you to give notice to y* persons con- 
cernd, that they make an Apprizem* of y" said Estate at 
money price according to Ord"^; & that you putt y" s^ 
Docto^ Taylo^ into possession of the House, Land, & 
Premisses at White Stone afores^; And for soe doing this 
shall bee yo' Warr' Given &c: 9"* Decem: 1672. 

[Francis Lovelace.] 



788 



Province of New York 



[lxxxixJ 



G.E. 
4: 266 

(HYSL) 



1672/3 
Jan. 26 

and 
Mar. 10 



An Execucon to bee serv'd upon the Estate of 
Nicholas Davis late deceased to satisfy 51" to 
Doctor Henry Taylour. 

These are in his Ma'"-^ Name to require you to Levy upon 
any of the Goods & Chattells late belonging to Nicholas Davis 
deceased in any part of this Governm' as veill amount to the 
Sume of fifty one pounds & eight Shillings, or value, to make 
Satisfaction for the Remainder of the Sume of foure hundred 
& twenty pounds, w**" all Charges, for y'^ v?'^'' Doctor Henry 
Taylour had Judgm' & Execution against his Estate at the 
White-Stone upon Long Island at the last Court of Assizes, 
together vf*^ the Ordinary Charges of this Execution; for 
the doeing whereof this shall bee yo^ Warrant. Given under 
my hand at ffort James in New Yorke this 26"" day of 
January. 1672. 

[Francis Lovelace.] 

To y' High SherifFe of Yorkshire 
upon Long Island, or whom else this 
may concerne. 

This above written Execution was not sent out till y" 10''' 
day of March 1672. the first being miscarryed. 



G.E. 
4: 262 

(NYSL) 



1672/3 
Feb. 20 



A Warrant to protect M'? Davis from Arrest. 

Whereas M*? Sarah Davis y^ Widdow & Relict of Nicholas 
Davis of Rhode Island Merch* deceased, coming into these 
parts to make Enquiry after her said Husbands Estate here, 
had at her Request a Warrant to protect & keep her harmless 
from any Arrest or Trouble upon her Husbands Acco*; 
Notwithstanding the w"^^ some Persons have p'^sumed to 
molest her, although shee is noe way concerned in her said 



K'c] 



Collateral and Illustrative Documents 



789 



Husbands Estate, either as Administratrix or Executrix, but 
on the contrary hath disowned & disclaymed all or any Right 
& Interest shee hath therein or thereunto; These presents 
Certify & Declare that all such Attachm*? or Arrests as have 
been served upon her in relation to her Husbands Engagem'^ 
or Debts are void, & any Contract or Agreem' made by her, 
or Promise or Security given by any one for her upon the said 
Acco' of her Husbands Debts or Credit are made null, shee 
being noe way concerned in the Administratorship of his 
Estate, but other persons appointed in her stead, who have 
undertaken y^ same, to whom the said Credito"? may make 
their Application. Given under my Hand at Fort James 
in New Yorke this 20"" day of ffebruary in the zf**^ yeare of 
his Ma"?^ Reigne, Anno(^ Dm. 1672. 

[Francis Lovelace.] 
To all whom this may 
Concerne. 



No. XC. 

PETER GROENENDIJKE, alias SMITH — SEDUC- 
TION AND BREACH OF PROMISE. 



G.E. 
4:262 

(NYSL) 



1672/3 
Feb. 30 



Warrant to fetch back Peter Groenendijke. 

These are in his Ma''?* Name to require you to bee ayding 
& assisting to the Bearer hereof in apprehending the person 
of Peter Groenendijke ats Smith, if hee can bee found w^'in 
yo' p'^cincts, who very lately is departed this City, where hee 
stands accused of severall Misdemeano"?, & that you cause 
him to bee convey'd safely to this Place, & delivered into 



G.E. 

4:274 

(NYSL) 

1673 
Mar. 29 



790 



Province of New York 



[xckj 



i'-'ayl *^^ Custody of the SherifFe, for the doeing whereof this shall 
(NYSL) bee yo' Warrant. Given &c: this 29'.'' of March 1673. 

igyj [Francis Lovelace.] 

Mar. 29 

To all Justices of y* peace. Constables, 

or other Officers vsr^'in this Governm?, 

or whom else this may concerne. 

This Warrant of Hue & Cry is desired 
too bee presented into y^ Neighbour 
Colonyes if Occasion shall bee thereof. 



No. XCI. 

NEW YORK CITY — CURE-MASTER AND GAUGER, 
AND PACKER. 



G.E. 
4:263 

(UYSL) 

1673/3 
Feb. 30 



Commission for Mr Hoogeland to bee Cure-Mast^ 

Whereas it is thought requisite, & for y° Reputacon of 
the Governm* that some knowing Man should bee appointed 
as Cure-Master to view the ffloure & Bread that is to bee 
transported in Caske out of this City, that it bee good and 
merchantable, & upon his Approbacon thereof to sett a 
Brand-Marke upon the Caske, w"^** shall bee known to bee 
the Cityes Marke, the w''*' will bee a meanes to p'vent any 
Vnderhand Abuse therein, that would redound to the Dis- 
creditt & Disparagem' of the Place, having conceived a good 
Opinion of the fittness & Capacity of M"^ Christopher Hooge- 
land to performe the Trust afore-men coned, I have thought 
fitt to appoint him to bee Cure-Master to view & marke the 
Caske of ffloure & Bread as afores^, & doe recommend the 
said M*^ Hoogeland to M'' Mayor, who is desired to pitch 



w 



Collateral and Illustrative Documents 



791 



upon some certalne Allowance to bee paid him for his Care 
& Trouble therein. And in regard there is noe certaine 
person appointed at this present to bee a Publick Gager of 
Vessells or Caske, I doe likewise appoint him the said Mr 
Hoogeland to bee the Publick Gager in this City either as 
to Liquids or Cask w'^ dry Goods relating to Tannage, for 
w"*" also M*^ Mayo^ is further desired to ascertayne the Salary. 
And the said M^ Hoogeland is to take his Oath for the true 
performance of the Trust reposed in him. Given under my 
Hand at ffort James in New Yorke this 20*'' day of ffebruary 
in the 25"' yeare of his Ma''?^ Reigne, Anno^ Domini 1672. 

[Francis Lovelace.] 



G. E. 
4:263 
(NYSL) 

1672/3 
Feb. so 



The Governo'? OrdT & Approbacon of what was 
done at the Mayor^ Court, concerning a Packer, 
Viewer, & Gager of all Goods in Cask. Richard 
EUett, & M' Hoogeland being y^ psons appointed 
for that Purpose. 

Vpon y* Returne from y^ Mayor & Aldermen of what 
should bee thought fitting to bee allowed unto the Packer of 
Beefe & Porke either for packing or viewing; That is to say, 
for packing of Beefe or Porke per Barrell six pence; & 
for viewing as Cure-Master three pence per Barrell, I doe 
well approve thereof, & that Richard EUyott the Cooper bee 
y^ person appointed for that Employm^ who is to bee sworne 
accordingly. And as to the Cure-Mast' of Bread & Floure, 
I doe think it reasonable for viewing & branding w*'' the 
Cityes Brand-marke, that hee bee allowed foure pence per 
Barrell, the one halfe to bee paid by the Buyer, the other by 
the Seller; & for Gaging of Liquids or Dry Goods as is 
proposed one Shilling per Hogshead or Puncheon & soe for 
greater or smaller Cask accordingly, for the Executing of 



G. E. 
4:369 

(NYSL) 



X673/3 
Mar. la 



792 



Province of New York 



[xci] 



G.E. 
4:269 

(NYSL) 

1672/3 
Mar. 12 



w''*' Employm* I have appointed M^ Christopher Hooge- 
land, who is to take his Oath for the due performance of his 
Trust. Given &c: this iz"" day of March 1672. 

[Francis Lovelace.] 



G. E. 
4:270 
(NYSL) 

1672/3 
Mar. 15 



Commission for M^ Hoogeland to bee 
Cure-Master, Gager, &c: 

Whereas it hath been rep'sented unto mee, & is thought 
requisite both for the Reputacon of this City & Government 
that some knowing Man should bee appointed as Supervizo' 
or Cure-Mast^ to view y" ffloure & Bread w''^ shall bee trans- 
ported for payment of Merchandize to Strangers, or other- 
wise out of this Place, that it bee good & Merchantable, And 
also that there bee a sworne Publick Gager of Vessells or 
Caske either of Liquids or Cask w*** dry Goods, relating to 
Tunnage from any Ship or Vessell when desired. Having 
conceived a good Opinion of the fittness & capacity of M*^ 
Christopher Hoogeland MercW & an Inhabitant & free 
Denizen of this City to performe the Trust afore-mentioned, 
I have thought fitt to nominate, constitute, & Appoint, & 
by these presents doe nominate, constitute, & Appoint him 
the said M'' Christopher Hoogeland to bee Supervizor or 
Cure Master to view the fflour & Bread to bee transported 
from hence in Caske as aforesaid, who upon his Approbacon 
thereof to bee merchantable is to cause a Brand marke to bee 
sett upon the said Caske, w*^** shall bee known to bee the 
Marke of this City, whereby all Vnderhand Dealings & 
Abuses may bee prevented, w'^'' would otherwise redound to 
the Discreditt & Disparagem' of the place, and also that 
according to his Oath hee doe duely performe the Office and 
Trust of the Publick Gager in this City and parts adjacent. 
And forasmuch as that according to his Royall Highness 



[xci] Collateral and Illustrative Documents 793 



Lawes for this Province & Governm' as well as severall ^- ^• 

4 : 270 
Orders of the Gen"!' Court of Assizes the English Weights (NYSL) 

and Measures are to bee putt in practice, & alone used 
within this City & Governm', the w"*" hath lately been taken Mar. 15 
into consideration by the Court of Mayo^ & Aldermen for 
what concerns this place; I doe likewise appoint the said 
M'' Christopher Hoogeland to view, try, & Seale such 
Weights & Measures whither of Liquids or otherwise, whereof 
there is to bee a due Standard, & the same to allow of and 
Seale in this City & parts adjacent according to the Direc- 
tions in the Lawes, and for his Trouble & paines in all the 
Premisses hee the said M^ Hoogeland is to have & receive 
of the Persons concerned for the viewing and marking of 
ffloure and Bread, as also for the Gaging, as in my last 
Approbacon and Ord!' sent to the Court of Mayo^ & Alder- 
men is directed, & for the rest relating to Weights and 
Measures as in the Booke of Lawes is sett forth. Given 
under my hand & Seale at fFort James in New York this 
If'.*" day of March in y* 25'^ yeare of his Ma''." Reigne, 
Annocp Domini 1672. 

[Francis Lovelace.] 

Certificate of M' Hoogelands having taken his P.'jl^ 
Oath, as touching his Place of Cure-Mast'' (NYSL) 

These are to certify all whom it may concerne that M^ Mar*2o 
Christopher Hoogeland hath taken his Oath for the due 
performance of the Trust reposed in him, of being Super- 
vizo"^ or Cure-Master for the Bread and ffloure to bee trans- 
ported out of this City, & other Particulars exprest in the 
Commission hee hath from his HonoT the Governor for the 
same. Dated the 20*'' day of March 1672. 

' A duplicate record of this certification, with no material variations 
from the above text, is given in General Entries, vol. 4, p. 275. 



794 Province of New York [xcii] 



No. XCII. 
NEW YORK AND BOSTON POST. 



®-^* A Proclamacon for a Post to goe monthly from 

4:243 . . . ^ 

(HYSL) this City to Boston & back againe. 

Dec^^io Whereas it is thought convenient & necessary in obedience 
to his Sacred Ma"*^ Commands who enjoynes all his Sub- 
jects in their distinct Colonyes, to enter into a strict Allyance 
and Correspondency with each other, as likewise for the 
Advancem' of Negotiation, Trade, & Civill Commerce, & 
for a more speedy Intelligence & Dispatch of AfFayres; 
That a Messenger or Post bee authoriz'd to sett forth from 
this City of New Yorke monthly, & thence to travaile to 
Boston, from whence within that Month hee shall returne 
againe to this City; These are therefore to give notice to all 
persons concern'd. That on the first day of January next, 
the Messenger appointed shall proceed on his Journey to 
Boston; If any therefore have any Letters or small portable 
Goods to bee conveyed to Hartford, Connecticott, Boston or 
any other parts in the Road, they shall bee carefully delivered 
according to the Directions by a sworne Messenger and Post, 
who is purposly imployed in that AfFayre; In the Interim 
those that bee dispos'd to send Letters, lett them bring them 
to the Secretaryes Office, where in a lockt Box they shall bee 
preserv'd till the Messenger calls for them. All persons 
paying the Post before the Bagg bee seald up. Dated at 
New Yorke this 10*'' day of Decemb^ 1672. 

By Ord^ of y'' Governo' 



[xciJ Collateral and Illustrative Documents 795 



The Oath given to the Post-Master. ®- ^• 
^ 4:353 

(NYSL) 

You doe sweare by the Everliving God, that you will 
truly & faithfully discharge the Trust reposed in you as a [j^,^™] 
Post-Master, and that you will neither directly nor indirectly 
detayne, conceale or open any Letters, Packetts, or other 
Goods committed to your Charge, but carefully & honestly 
deliver or cause to bee delivered all such Letters, Packetts, 
or other Goods to the Persons they properly belong unto, & 
that you will make all the Expedition in passing & repassing 
the severall Stages w*'' all speed, & to make noe more Stay 
then necessarily belongs to the refreshing your selfe and 
Horse, & in all things truly & soberly to comport yo' selfe 
soe, as belongs to the Trust reposed in you, and as a Post- 
Master ought to doe. 

Soe help you God. &c: 



Instructions for y'= Post-Mast^ ®- ^•, 

(NYSL) 

In the first place you are to take yo' Oath of ffidelity w""*" 
the Secretary shall administer to you, your Duty as to the j^^.^m 
Generall is included in that Oath. 

Next, you are to comport yo^ selfe w"* all Sobriety & 
Civility to those that shall intrust you, & not exact on them 
for the prices both of Letters and Pacquetts. 

You are principally to apply yo*^ selfe to the Governo"? 
especially Governo- Winthrop, from whom you shall receive 
the best Direction how to forme y* best Post-Road. 

You are likewise to advize where the most commodious 
place will bee to leave all the by-Lette"? out of yoV Road, vf"^ 
when having it once well fixt, you are not only to leave the 
Letters there, but at your returne to call for Answers, & 
leave a Publication of your Resolutions, the w"*" you must 



796 



Province of New York 



[xcnu 



6. E. 

4:252 
(HYSL) 

1672/3 
Jan. 22 



cause to bee disperst to all parts, that see all may know 
when & where to leave their Letters. 

You are to give mee an Acco* of Negotiation at this 
time to the end I may bee satisfyed of all your proceedings, 
& bee able able to assist you if Occasion shall require. 

Where you think it requisite you are to marke some Trees 
that shall direct Passengers the best way, & to fix certaine 
Houses for your severall Stages both to bait & lodge at. 

When any persons are desirous to travaile w'*' you, you 
are to treat them civilly, & to afford them yo' best help 
& assistance, that I may heare noe Complaint of you. 

You shall doe well to provide yo' selfe of a Spare Horse, 
Home, good Port-Mantles, that soe neither Letters nor 
Pacquets receive any Damage under yo' hands. 

There are some other Consideracons w"*^ I shall forbeare 
to mention till yo^ returne, & I receive a further Accompt 
of you, and soe God bless all yo' honest Vndertakings. 

ffran: Lovelace. 
fFort James y' 22^ of 

Jan^. 1672. 

You are also to detect & cause to bee apprehended all 
fugitive Souldyers & Servants runn away from these parts. 



No. XCHL 
YORKSHIRE — HOLDING OF COURTS. 



G.E. 

4:71 
(mrsL) 

1671 

Hot. 20 



The Co^= of Sessions in y* North & West Ridings 
are this yeare to be alterd as followeth. 

Whereas It was heretofore practized that in holding y" 
CoT'' of Sessions upon Long Island iny" Month of December, 



[xcnJ Collateral and Illustrative Documents 797 



y* Co^ held for y' East Rideing was upon y" first Wednesday G. E. 



of that Month, for y® North y* second, & for y"= West Rideing (HYSL) 
the third Wednesday, since w'^'' time y^ Co" for y^ East Rideing 
hath upon their Request been alter'd from y^ Month of Not. 20 
December to y® Month of March, the other two Courts 
retayning their usuall time. And it being thought more 
convenient That some Alteration should likewise bee allowed 
unto them, That is to say, y* Co^ for y® North Rideing to 
beginn on y" first Wednesday, & that for y® West on y® 
second, in y* Month of December aforesaid; It is ordered 
That y^ Co"^^ of Sessions shall be held in that manner now 
proposed, of w"^*^ each Towne is to have Notice, That those 
who have Busyness, as well as others required to give their 
Attendance, may duely observe the same. Given under my 
Hand at fForte James in New Yorke this 20'*" dayof Novemb' 
167 1. flPran: Louelace 

To y^ Justices of y® peace & all 

others concerned in y^ N: & West Ridings. 



Notice given to y* Clarks of y* Co^' of Sessions ^* ^• 
of y* Speciall Co^* of Assizes, on Decern: 6''' (KYSL) 
1672. 

Whereas upon y® first Thursday in DecembT next a Speciall 1672 
Co^ of Assizes is appointed to bee held in this City, soe 
that the Co" of Sessions ordered y® last yeare to beginn upon 
y* first Wednesday of the said Month cannot bee attended 
this yeare in regard the Justices & those of the Councell 
are obliged to give their Attendance here the next day; It Is 
therefore Ordered, that the time for holding y® Court of Ses- 
sions for the North Riding this next Month of Decemb^ shall 
beginn as formerly upon the second Wednesday, & for the 



798 



Province of New York 



[xci'v] 



G. E. 

4:230 

(NYSL) 

1672 
Rot. 9 



West on y' third Wednesday, but for the time to come as 
the last yeare unless upon the like extraordinary Occasions, 
Notice bee given to the contrary. Given &c: this 9"" of 
November 1672. 

[Francis Lovelace.J 

To y' Clarkes of y® respective Cor^^ of Sessions of y' 
North & West Ridings who are to give notice to y* Justices &c: 



No. XCIV. 

YORKSHIRE— CAPTAIN JOHN MANNING, 
HIGH SHERIFF. 



6.E. 

4:26 
(HYSL) 



1671 
Sept. 7 



Capt" Manning his Commission for High Sheriff. 

Francis Lovelace Esq' &c: 

Whereas y^ Court of Sessions for y' West Rideing of 
Yorkshire upon Long Island did according to Ord"^ p''sent 
unto mee y^ Names of three persons out of w"'' I am to Elect 
one to be High-SherifF in y" place & stead of M'' Robert Coe 
late High Sheriff for y" North-Rideing, vphose time is some- 
while since expired; To y" End y* Law may have its due 
Course & Vigour, and haveing conceiv'd a good Opin- 
ion of y" ffitness & Capacity of you Capt° John Man- 
ning a Justice of the Peace of y^ West-Rideing afores*^, and 
one of y* three whose Names were returned unto mee, I 
have therefore Nominated, & Appointed, and by these 
p'sents doe Nominate and Appoint you y* said Capt" John 
Manning to be High SherrifF of Yorkshire upon Long Island, 
& p'cincts from y* Day of the Date hereof untill y' last Day 



[zciVl 



Collateral and Illustrative Documents 



799 



of June w**" shall be in y* yeare of our Lord 1672; Of y* w*"* 
all Persons concerned are to take Cognizance, and to give 
you that Respect and Obedience as is due to yo' Office; And 
you the said Capt° John Manning are in all Things and 
Matt" relateing to yo'' Office to be Regulated by y® Lawes 
of this Governm% & such Ord" and Directions as from 
time to time you shall receive from mee. Given under my 
Hand & Seale at fForte James in Nevf Yorke y* 7'^ day of 
September, in y* 23'' yeare of his Ma''" Reigne, Annoc^ 
Dm. 1671. 

Fran: Lovelace. 



G. E. 
4:26 

(HYSL) 

1671 
Sept. 7 



Cap' Jn? Manning's second Commission 
for High Sheriff. 

Whereas Cap' Jn? Manning one of y' Justices of the peace 
of the West-Riding hath officiated in the Employment of 
High-Sheriff of Yorkshire upon Long Island and Precincts 
for one yeare past, for the v?hich hee had my Commission, 
& the High-Sheriffs of the East and North Ridings his 
Predecessor^ having continued in that Employment one yeare 
more then ordinary, w"^ Priveledge was likewise consented 
unto should bee continued unto the West Riding, I have 
therefore thought fitt and by these Presents doe Order & 
Appoint that Cap' John Manning doe continue High Sheriff 
of Yorkshire upon Long Island and Precincts from y^ Day 
of the Date hereof untill y* last day of June w"'' shall bee in 
y* yeare of our Lord 1673, of the w''*' all Persons concern'd 
are to take cognizance, and to give him that respect & Obedi- 
ence as is due to his Office, and the said Cap' John Manning 
is in all Things and Matters relating thereunto to bee regu- 
lated by the Lawes of this Governm', and such Ord^ & 
Directions as from time to time hee shall receive from Mee. 



G. E. 

4:201 

(inrsL) 



1672 

Sept. 7 



8oo Province of New York [xcM 



G. E. Given under my Hand and Seale at fforte Tames in New 
4:201 ^ '' 

(NYSL) Yorke the 7"" day of Septemb^ in y^ 24''' yeare of his Ma^'** 

Reigne, Annocp Domini 1672. 
Sept. 7 [Francis Lovelace.] 



No. XCV. 

DANIEL LANE OF BROOKHAVEN — INCEST AND 
CONFISCATED ESTATE. 



Col. MSS. rSpecial Warrant for arrest of Daniel Lane.l ' 

22:147 •■ » ■• 

(NYSL) 

Whereas I have recelv'd Informacon from y® Constable 
June 21 of Seatalcott ats Brook-Haven that Daniel Lane late of the 
same place hath since his Escape out of Prison in this City, 
[Seal] notwithstanding y' severall Hue & Cryes sent after him, & 
particularly left in that Towne for his Apprehension, been 
seen & Concealed in that Place both at his House (which by 
my Speciall Warrant hath layn under Arrest since his 
fflight) & also in other places adjacent as is presumed; 
These are to require you forthwith to repaire to the said 
Towne of Brook-Haven, & w"' the Assistance of v* Con- 
stable & the other Officers there, that you make strict Search 
& Enquiry after y^ said Lane, & if Occasion bee that you 
take to yo^ Assistance for y* apprehension of y^ Delin- 
quent (if hee can bee heard of or found w'^'in y* Gov- 
ernm') such Number of the Trayned Bands as shall bee 
thought requisite, the whom you haue hereby Power to 
rayse; And upon Examinacon of any Persons, either in y^ 

■ There is also an engrossed copy, with no material variations, in 
General Entries, vol. 4, p. 286. 



Opposite p. 801. 






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yiiyjJl.^air,>l.-'l^rh/0/l,'ir'~,Kf,c mull c.-, ncjncg^e f^ 




W.-rJ>»!/f 'f^J 



OJa^ 'VT^i.-y-Jf.-r!/!^. 



ORIGINAL WARRANT FOR ARREST 
OK DANIEL LANE 

A\'ith Autograph of Governor Lovelace, and Seal. 

(Rcdvicetl frcjin 12 by lV-:> iiiclies. ) 



[xcvJ Collateral and Illustrative Documents 80 1 



Towne of Brook-Haven or elsewhere, who shall bee adjudged C°'- ^SS. 
privy to y* Concealment of the said Lane, That you cause (NYSL) 
them to bee secured; & carryed before the next Justice of 
the peace, who is to take Security of them for their Appear- June 21 
ance at y" next Geii?" Co" of Assizes, there to answer for 
their Misdemeanor herein. And that you use any other 
lawfull wayes & meanes for the detecting & securing of y" 
Offendo^ & bringing those who shall Ayd, Abett, or Con- 
ceale him to condigne Punishment; Of all w*^*" yo" are to 
render mee an Acco'; And for whatsoever you shall Act or 
doe in psecution hereof, this shall bee yo' sufficient Warrant. 
Given under my hand & scale at Fort James in N: Yorke 
this 21-'' day of June. 1673. 

Fran: Louelace* 

To M' Peter Smith of Long 
Island Vnder-Sheriffe — 



No. XCVL 

KINGSTON — ESTATE AND DEBTS OF REYNER 
VANDER COOLEY. 



An Ordr concerning y* Mortgage upon y* C. A. 
Estate of Reijner van der Cooley. (NYSL) 

Whereas I am giuen to understand that Asser Levy of ."*7o 
this Citty as Attorney for Rabbe Couty had a mortgage 
upon y* Estate of Reijner vander Cooley at Kingston in 

» Original signature. 
[51] 



802 



Province of New York 



[xcvij 



C. A. 
2:507 

(WYSL) 

1670 
Apr. IS 



Esopus for security of a certaine Sufne of money due from 
vander Cooley unto y'^ said Rabbe Couty w'?'' said mortgage 
was recorded & left in y^ hands of M'^ William Beeckman y" 
Schout there, Notwithstanding w'^'' y" said Vander Cooley 
hath p'^sumed to make sale of y^ said Estate to seuerall oth^ 
persons for the payment of oth^ debts since that tyme con- 
tracted y^ w':'' will tend very much to y'' p'^judice of y*" former 
Creditor if not pVented, Upon y^ request of y*" said Asset 
Levy I haue thought good to recotriend y^ Examination of 
y® matter to yo" & do likewise ordr if it be as is alleadged 
That y^ mortgage be first satisfyed out of y^ Estate of y* 
said Vander Cooley before y^ latt!^ debts be paid w^'' is con- 
sonant to y^ Lawes of y^ Governm* as well as to reason, for 
that a latter sale cannot be of Validity untill y^ former 
Mortgage be taken of: Given und!' my hand at fFort James 
in New Yorke this 15^'' day of Aprill 1670. 

[Francis Lovelace.] 
To y® Schout & Comissaryes at 

Esopus who are to retorne an 

Account hereof. 



C. A. 
2:606 
(HYSL) 



1670 
Oct. 21 



A Confirmation of y® first mortgage or 
Judgm' made to Nicholas de Meyer 
ag* y^ Estate of van der Cooley. 

Whereas I did upon y? 15^'' day of Aprlll last issue forth 
an Ordr directed to y? Schout & Comissaryes at Esopus to 
make inquirye & Examination into a certaine matter in 
difference betweene Asset Levye of this Citty as Attorney 
& on y^ behalfe of Rabba Couty & Reyner van der Cooly 
to y? said Asset Levy for securitye of a certaine Sufne of 
money due unto y^ said Rabba Couty, And it having been 
made appeare unto me, That y? said Land was p''mortgaged 



[xcvi] Collateral and Illustrative Documents 803 



upon good & valuable considerations to Nicholas de Meyer ^.-ft^j: 
of this Citty, or a Judgment first obteyned by him These are (NYSL) 
to Certifye & declare, That y^ first mortgage or Judgment 
made to y^ said Nicholas de Meyer is to take place, & yf Oct. 21 
said Asser Levye or Rabba Couty are to haue their remedye 
& recourse against y* said Vander Cooley or any oth^ Estate 
he hath but not against that so p''mortgaged or Judgm* 
obteyned for as aforesaid any ord'^ to y? Contrary hereto- 
fore graunted notw'*"standing. Given undr my hand at 
fFort James in New Yorke this ai^*" day of Octob^ 1670. 

[Francis Lovelace.] 



An Ordr made on y^ behalfe of M^ Asser Levy, G. E. 
giving preference to his Debt & Mortgage upon (NYSL) 
y® Estate of Reyneer Van der Cooley. 

Whereas there was heretofore a MattT in difference 1671/2 

Jan. 9 

between Nicolas de Meijer & Asser Levy debated before 
my selfe & Councell, touching y^ p'^ference of paym* of 
Moneys due unto them upon a Judgm* obtained by one, & 
a Morgage made to y" other from Reyneer Van der Cooley, 
& it being adjudged that y^ Judgm' of Nicholas de Meijer 
being of a former Date should first take Place, & that Asser 
Levy should be next paid his Mortgage, Notwithstanding 
y^ w'^'', although y'^ full Judgm' (as I am given to under- 
stand) hath been satisfyed & paid, w"" an Overplus, That 
is to say, two Thousand, one hundred Guilders in y^ place 
of nineteen hundred, yet y^ said Nicholas de Mijer haveing 
some Pretences of a New Debt, or of Charges upon y" old, 
hath by his Attorney laid an Attachm' upon y^ remaining 
part of y^ Estate of Reyneer Van der Cooley at Esopus, w'^'' 
was designed to make paym' to y^ said Asser Levy, soe that 
hee is debarred of his Right thereunto, Vpon Consideracon 



8o4 



Province of New York 



[xcvn] 



G. E. 

4:82 

(NYSL) 

1671/2 
Jan. 9 



had hereupon, It is Ordered, That if it bee as is suggested, 
That is to say, That Nicholas de Mijer hath by himselfe 
or his Order receiv'd y^ Sufne in his first Judgm* specifyed, 
That then y^ Attachm' bee taken off, & y® Debt & Mortgage 
of Asser Levy be preferr'd before any other Collaterall Debt 
or Engagem* upon y^ said Estate, after y* w'^'' Nicholas de 
Mijer or any other Creditor may have their Recourses to be 
paid out of y^ Remaind'^, if any there shall bee; Of w^** y° 
Offic"? in Esopus are to take Care That this Order bee 



forthw^"" putt in Execucon. 
January 1671. 



Given &c: this 9"" day of 



To Cap' Chamb", Cap' Pawling, 
& y^ Schout & Comissaryes at 
Kingston in Esopus. 



Fran Lovelace. 



No. XCVIL 



NEW YORK CITY — ISAAC BEDLOW 
OF FOOT COMPANY. 



CAPTAIN 



G.E. 

4: no 

(KYSL) 

1669 



Commission for M' Isaack Bedloo to bee Cap' 
of a ffoot-Company in this City. 

By Vertue of y'^ Commission & Authority unto mee given 
by his Royall Highness James Duke of Yorke and Albany 
&c: I doe Constitute & Appoint you Isaack Bedloo to bee 
Cap'" of a Foot Company Lysted or to bee Lysted v^'^'in 
this City & Precincts. You are to take into yo^ Charge 
& care y^ said Company as Captaine thereof, & duely to 
Exercize both yo^ inferiour Offic" & Souldyers in Armes, & 



[xcvin] Collateral and Illustrative Documents 805 



to use your best care, skill, & Endeavour to keep them in G. E. 
good Order & Discipline; hereby requiring all inferiour (NYSL) 



Officers & Souldyers under yo"^ Command to obey you as 
their Captaine; And you are likewise to observe & follow 
such Orders & Directions as you shall from time to time 
receive from mee or other yo^ superiour Offic" according to 
y^ Discipline of Warr. Given under my Hand & Seale y" 
i!^' day of [blank] in y* 21*'' yeare of his Ma''^^ Reigne, Anno^ 
Domini 1669. 

[Francis Lovelace.] 

Commission granted y" same time to M"^ Christopher 
Hoogeland to be Lieveten* of y^ same Company, drawn 
according to this forme. 

Commission granted at y^ same time likewise to M' 
Nicholas Bayard to bee Ensigne of y^ same Company. 



1669 



No. XCVIII. 
ALBANY AND KINGSTON — EXCISE. 



An Ord^ or Proclamation about y^ Excize 6. E. 
of Liquo!^ carryed to Albany & Sopez. (NYSL) 

Whereas severall Comp*^^ have been made unto mee of 1672/3 

. Mar. 14 

the irregular & unjust practices of the Masters of severall 

Sloopes, Vessells, & Boates goeing up the River, & trading 
at Kingston in the Esopus & Albany, frequently Entring in 
the Custome-house here the Liquo^^ they carry up for Kings- 
ton, w''*' notwithstanding are not landed there, the said 



8o6 Province of New York [xj^hj 



G. E. Mast^^ pretending they must carry them for Albany, although 
(NYSL) oftentimes they are delivered by the way into Canooes or 



1672/3 



privily sent away in their own Boates, whereby the Grand 
Mar. 14 Packt or Excise w"^** is intended towards the support & 
maintenance of his Royall Highness Garrisons is defrauded 
in one or both the said places, the w'^*' is against severall 
Ordr^ & Directions heretofore made to the contrary; These 
are to require all Masters of Sloopes, Vessells, or Boates 
great or small who shall hereafter goe up and trade, or 
carry Goods to either of the aforesaid Places, that they make 
a due Entry at the Custome house here of all sorts of Liquo|^ 
w*^*" they shall soe carry up, that is to say, of Brandy, Rumm, 
Distilled Waters, or any other sort of Liquo", lyable to pay 
y" Duty of Excizs; And in case any Master of such Sloopes, 
Vessells, or Boates, goeing up the River as aforesaid shall 
bee found guilty of the like fraud or deceipt, and the said 
Liquo^^ found on board, over & above what is particularly 
exprest in the Passe or Clearing Bill at the Custome house, 
the same shall not only bee forfeited, & at the Governours 
Disposall, but the Master shall also bee lyable to pay as a 
ffine the Suirie of [blank] hundred GuildT' Seaw' or value 
for y* first Offence, & for the next to bee dealt withall accord- 
ing to the Act of Parliament in such Cases provided, where 
Mast" of Vessells shall not make due Entry, And for what 
Liquo^ shall bee delivered by the said Mast^'' either at Kings- 
ton or Albany, they are likewise required to bring a Cer- 
tificate thereof under the Schouts & fFarm'^ hands of y* 
quantityes, & qualityes they shall Land at either place, w'^'' 
shall bee unto them a sufficient Discharge. Given under 
my hand at ffort James in N: Yorke this 14^'' day of March 
1672. 

[Francis Lovelace.] 



See Analytical Index 
Vol. III. 



LIBRARY OF CONGRESS 



L Hill 11 III 
014 114 005 A