GENEALOGY COLLECTION
MINUTES
of the
EXECUTIVE COUNCIL
Frontispiece Vol.
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7
JAMES, DUKE OF YORK, AS JAMES II.
From the Original Painting by John Riley in the National Portrait Gallery, London.
(Orifrinal mcasiirfs 47''s by 38' ■> inches.)
MINUTES of the
EXECUTIVE COUNCIL
of the Province of New York
Administration of Francis Lovelace
1668-1673
Volume I
MINUTES
COLLATERAL AND ILLUSTRATIVE
DOCUMENTS
I-XIX
Edited by Victor Hugo Paltsits, State Historian
Published by the State of New York, Albany, 19 10
Reported to the Legislature
April 5th, 1909
May 2d, 1910
Albany. H. ^■
3. B. Lyon Company, State Printers
TABLE OF CONTENTS
Page-
Table of Contents 5
List of Illustrations 7
Key to Abbreviations g
Introduction 11
Minutes (annotated) 19
Collateral and Illustrative Documents in this volume,
Nos. I to XIX, as follow^s: —
No. I. Proclamation of Fast Days, September 8th
and 22d, 1668 191
No. II. Regulation of Commerce — Exports and
Imports 194
No. III. John Archer, and his Controversies with
Fordham, Harlem, Westchester, and Individuals. 195
No. IV. New Ferry at Spuyten Duyvil 222
No. V. New Road between New York and Harlem. 230
No. VI. Town of Westchester, WiUiam Willett and
Thomas Hunt, Sr 231
No. VII. Yonkers — Van der Donck's Purchase. . . . 234
No. VIII. Bushwick vs Newtown — Boundary Dis-
pute 235
No. IX. Nangenutch alias Will, an Indian, for Rape
at East Hampton, L. 1 240
No. X. Esopus Papers — Kingston, Hurley and Mar-
bletown 241
No. XI. Delaware — Long Finn Insurrection 309
No. XII. Delaware — Rape by an Indian 323
No. XIII. Delaware — Case of William Douglas. . . 324
No. XIV. Newtown — Case of Abraham Frost. . . . 326
S
Table of Contents
Page.
No. XV. Controversy between Nicasius de Sille and
Catharina, his wife, about their Estates 327
No. XVI. Divorce Case of Rebecca Leveridge against
Eleazar Leveridge, of Huntington, Long Island. 331
No. XVII. Staten Island — Final Purchase of Island
from Indians in 1670 337
No. XVIII. Thomas Mayhew, Jurisdiction of Mar-
tha's Vineyard, Nantucket, and other Islands,
etc 345
No. XIX. Albany Affairs and Pacification of the
Mohawks 377
Note: — These Collateral and Illustrative Documents
are continued and concluded in the second
volume.
ILLUSTRATIONS
Portrait of James, Duke of York, as James II . . Frontispiece
From the original painting by John Riley in the National Portrait Gal-
lery, London, England. It is undated but shows a younger face than
the portrait by Kneller in the same collection, which represents him at
the age of fifty-one years.
Facsimiles of the Autographs of Richard Nicolls and Fran-
cis Lovelace, the First Two English Governors of Nev?
York — Exact Size Opposite p. 1 1
First Page of the Council Minutes Opposite p. 21
Articles of the Surrender of New Netherlands in 1664
Opposite p. 65
From the very rare original Dutch broadside in the New York Public
Library. It was probably issued in Holland to be used as a poster.
Draught of the Land in Dispute between Pell and Rich-
bell Opposite p. 1 19
From the original manuscript in Land Papers, vol. i, p. lo, in the
office of the Secretary of State.
Facsimile of the Title Page of Daniel Denton's "Brief
Description of New- York," 1670 Opposite p. 132
From a very rare copy intact with the date in Columbia University
Library. It is the first separate printed account of New York in English.
A Page of the Council Minutes, showing the lower quarter
rotten and the writing faded Opposite p. 137
Draught of Fordham and the Meadow, [1669].
Opposite p. 195
From the original manuscript in Land Papers, vol. i, p. 13, in the o£Sce
of the Secretary of State.
7
Illustrations
Reduced Facsimile of Robert Rider's Survey of Long Island
and Environs, 1670 Opposite p. 237
From the original manuscript (17J by 51 inches) owned by the New
York Historical Society, by whose courtesy it is reproduced here.
Last Page of the Proceedings of the Court held at Esopus
(Kingston) in 1670, with the Signatures. . Opposite p. 303
Signatures of Witnesses to the Indian Indenture Deed con-
veying Staten Island in 1670 Opposite p. 340
From the original manuscript now in the archives of the New York
State Library, but of late in LM,nd Papers, vol. i, in the office of the Sec-
retary of State. The duplicate indenture deed is owned by the New
York Historical Society.
Marks of Indians on the Indenture Deed conveying Staten
Island in 1670 Opposite p. 341
See preceding note.
Plan of Manhattan Island and Environs, v?ith an Inset Plan
of New York City, circa 1665 In Pocket.
From the original manuscript in the British Museum, London, Eng-
land, Additional Manuscripts, No. 1637 1. It is the so-called Nicolls
map, a name given to it because produced while Richard Nicolls was
governor of New York. It is the largest extant plan of Manhattan
Island made during the English colonial period, and is reproduced here
in exact size of the original.
KEY TO ABBREVIATIONS
This key is designed to elucidate only the more abstruse
abbreviations and contractions that occur in these two
initial volumes to assist the amateur in reading the texts.
The vi^riters of the original manuscripts did not always mark
contractions as custom demanded and they were not par-
ticularly consistent when they did mark them. In these
volumes the texts are printed as closely verbatim et literatim
et punctuatim as typography will allow. The contraction
mark is usually placed on or over the letter which immedi-
ately precedes the place of elision ; but there are exceptions.
Perhaps the commonest survivals of signs that have come
down to the present day are & (and), a cursive writing of
the Latin word et ; and ^ (Per).
A mark over a letter sometimes indicates that it is doubled,
as in cofnonly, rune, Sumes.
Adfnto" = Administrators,
ats^ alias.
fe== syllable her, as in Hifenis (Hiberniae), Robt (Robert),
Decemb, (December).
C. A. = an editorial designation for the manuscript records
of the Court of Assizes, vol. 2, in the New York
State Library.
Col. MSS. =an editorial designation for the volumes of New
York Colonial Manuscripts in the New York State
Library.
Co» and Colt : = Colonel.
Com"""^, Com°^, Comn'^ and Cofn'^ ^^ Commissioners.
Comp^ = Complaint,
con = syllable tion in words that have it.
Def = Defendant.
D^ = Domine.
Diri = Domini.
9
lo Key to Abbreviations
Q £ ^ an editorial designation for the manuscript volumes
of General Entries, vols, i and 4, in the New York
State Library.
Gen='!', Gen", Gen^^" and Gen^.« =- Generall.
Gent.== Gentleman, Gentlemen.
gra = gratia (p. 286).
Im = Item.
Inhitants = Inhabitants (p. 231).
int = inter (between).
i« : 18^ : 00* = One pound, eighteen shillings and no
pence, English money.
Lres = Letters.
Magrate = Magistrate.
Ma**.^= = Majesties (Majesty's).
O. W. L.= an editorial designation for the manuscript vol-
ume of Orders, Warrants, Letters, vol. 2, in the New
York State Library.
^ and p = syllables, par, per, por.
¥ and p = syllable pro.
PetnT= = Petitioners.
pn^ = Plaintiffs.
po'* = pound (p. 148).
pnts = presents (p. 235).
<p = syllable 9«^, as in Annoq3 (Annoque), Publiq3 (Pub-
lique); also used as a contraction in Es(p (Esquire).
Rich = Richard.
s'^ = said.
Southton = Southampton.
yi and * = syllable ver in Dutch texts.
w'=^= which.
Xpians = Christians.
y = a survival and modification of an Anglo-Saxon letter,
whose value is th, and it is always so pronounced
when written in the words y'= (the), y' (that),
y™ (them), y" (then), y^ (they).
Opposite p. 1 I .
tO'fia/ru :nu^^
AUTOGRAPHS OF THf: FIRST AND SECOND ENGLISH
GOVERNORS OF NEW YORK.
(Exact Size.)
INTRODUCTION
THE Minutes of the Executive Council of the Province
of Nevp York span more than a century of time. They
embrace virtually the entire English colonial period
of New York, and represent official administrative materials
of the first magnitude.' But the body of these minutes has
never been printed in extenso, whilst selections of only a
very small part have appeared in various works in unsyste-
matic relations and with many textual inaccuracies.^
It has been deemed pertinent, in presenting the initial
volumes for the consideration of historical students, to
offer a detailed statement of plan and editorial methods.
Transcription has been done with the strictest regard for
accuracy and in accordance with the best canons of his-
torical documentation. The State Historian has himself
copied the body of the minutes printed in this volume, as
well as a large number of accompanying documents, and
has reviewed and revised all transcripts directly from the
originals. Likewise, he has read the printer's proofs with
the original manuscripts. He has selected and systematized
the documents; has written all of the annotations, and
planned the mechanical coordination of the material for
the printer. A special archivist's key-board was con-
' A calendar of the minutes was published, in March, 1902, as Bulletin 58
of the New York State Library, which is designated more particularly as
No. 6 of the library's history series.
• For example, in Documents relative to the Colonial History of tlie State of
New York, vols. 12-14, embracing selections for the years 1668 to 1683.
12 Province of New York
structed for the typewriter and special sorts of abbreviations
were designed for punches for the printer.
Brevity and crudity characterize these minutes — hence
they are very often involved or unintelligible. Business
determined in council, but not engrossed in the minutes,
has been found in the volumes of general entries. Great
pains have been taken in studying and interpreting the
materials. The business in council originated from litiga-
tions, petitions, complaints, letters and other papers which
came before the governor and his associates for considera-
tion; and the proceedings in council gave origin to com-
missions, court cases, orders, warrants, letters, licenses,
passes, proclamations and other official papers. In order
to revivify the minutes and restore the administrative
history of the period, the engrossed miscellaneous records,'
engrossed deeds,- and original colonial manuscripts ' were
combed over several times for the collateral documents
which, more or less veiled, are referred to in the minutes,
and for other records which are quite as illustrative of the
matters discussed and adjudicated. These two classes
of records have been brought together in cases or groups
as "Collateral and Illustrative Documents." They are
placed after the body of the minutes; are authenticated
properly as to source, and each case or group has been
given a distinct roman number. The discovery of this
accompanying material, often dimly discernible as to its
relationship, has involved a great task and has consumed
much time. The engrossed records are proof that they
' Known as Orders, Warrants, Letters, vol. 2; General Entries, vols, i and 4;
Court of Assizes, vol. 2, including miscellaneous records as well as the court
records. In Archives of the New York State Library.
> In the oiEce of Secretary of State, from which a few patents were also
procured.
' Volumes of the heterogeneous collection known as New York Colonial
Manuscripts, in the archives of the New York State Library.
Introduction 13
were entered often days, sometimes months and even a
year or more after the date of their origin. Whenever a
subject appears in the minutes which can be elucidated by
related records, reference is made in a foot-note of the min-
utes to the proper numerical group or groups of the "Col-
lateral and Illustrative Documents."
The council minutes in this volume cover the period
during which Colonel Francis Lovelace was governor under
the Duke of York, from the first convening of the council,
on September 2, 1668, until interruption just before the
retaking of New York by the Dutch, in the summer of 1673.
It is known that Colonel Richard Nicolls, who was the
predecessor of Lovelace from August, 1664, until about
August, 1668, had an advisory council; but no minutes
exist for that period, and no evidence has been found that
distinctive minutes were kept. The executive acts of
Nicolls are available in general entries and correspondence,
and the minutes of the court of assizes for the period reveal
functions similar to those afterwards embodied in regular
council minutes. The court of assizes, in fact, acted as a
law making body. So that, notwithstanding the prescrip-
tions in the code known as the Duke of York's laws, there
were provisions that appear not to have become immediately
operative.
The annotations to the council minutes are designed
particularly as supplementary data. They add to the
understanding of the material and intensify the personnel
of the records. A real difficulty was encountered In keep-
ing that part of the work within reasonable limits, on account
of the superabundance of data that had been gathered for
editorial service. The annotations usually authenticate
themselves. They are derived from original manuscripts
and engrossed records of the State preserved In the archives
14 Province of New York
of the New York State Library and the office of the Secre-
tary of State. The printed local records of the jurisdictions
of the period have been consulted, and some hundreds of
such secondary works as county and town histories and genea-
logical publications have been examined. It is manifest
that these secondary works cannot be guaranteed for every
statement quoted. They vary greatly as to value, but
they do at times supply important sidelights and furnish
creditable data not otherwise obtainable in print. They
have been used cautiously and often are merely suggested
at the end of a note. It has not been my purpose to write
biographical or genealogical notes. That feature is inci-
dental to the main object. I have sought to illustrate who
the persons were, in their bearing and relations to the events
in which they figure in these particular minutes and gen-
erally within the period embraced by the administration
of Governor Lovelace. But it has been deemed wise at
times to extend the period at both ends in the interest of
lucidity. It would have rejoiced me much to have carried
on these investigations among the unpublished original
local records of New York City, and the old settlements
of Long Island, Westchester, Ulster and Albany counties.
Such investigation would have led also far afield, into the
colonial archives of neighboring colonies and the records of
the Public Record Office, in London. Lack of time, money
and assistants were sufficient reasons for waiving such a
herculean task. The chief result of such extended inquiry
would have been a more intimate exhibit of intercolonial
relations, local conditions, and the status of particular
litigations in courts of sessions, before they were handed
up to the governor and council or to the court of assizes.
The bodies of early court records of colonial New York
Introduction 15
should be published independently as an organic whole.*
In this work, the minutes of the court of assizes have been
quoted in the annotations. But one exception has been
made, in the case of Richard Smith against the town of
Huntington, because that controversy persisted through
some years, in council and in courts. A full transcript of
that case from the minutes of the court of assizes has been
included with the other collateral papers of the period.
It is regrettable that there are gaps in the related docu-
ments and that imperfections in others mar the continuity
of evidence. Ignorance, vandalism and war have con-
tributed their share of havoc in the past, and it is remarkable
that so many of the records yet remain.^ In compliance
with a joint resolution of the legislature, passed February
18-19, 1819, many of the records, then in the office of the
Secretary of State, were rebound. The set of council
minutes and the related volumes of general entries were
among them. But as the lettering of the bindings was done
carelessly, titles were transformed and sets became mixed. ^
The council minutes now printed in this volume cover
one hundred and fifty-nine pages of a small folio volume
lettered " COUNCIL/MINUTES/3/1668-1678/SECRYS/
OFFICE." The volume has also an early manuscript
index, for 1668-1673, of eleven unnumbered pages. This
constitutes part i. Part ii begins with October 31, 1674, and
ends with the session of November 30, 1678, and has one
' For example, I have planned to collect from various places those of the
court of assizes, to form a future publication.
2 See Tragedies in New York's Public Records, by the present State His-
torian, in Annual Report of American Historical Association, 1909.
' Aa account of these records was printed as Senate Document, No. 2,
entitled: Report of the Secretary of State relative to the Records, etc. in his
Office. Albany, 1820. Folio, 43 pp. Many of them were removed to the
New York State Library, by act of legislature, passed April 19, 1881 {N. Y.
Laws, 1881, ch. 120).
1 6 Province of New York
hundred and eighty-eight pages and an early index of
fifteen unnumbered pages. The volume number does not
appear in the manuscript, but on preliminary blank leaves
are found, in early handwritings: "Matters Relating to
Council 1668. to 73", and "Matters of Councell." During
the rebinding, already referred to, "General Entries 1664-
65"' and "Court of Assize, 1665-72" were lettered as i
and 2, respectively, of a set of thirty-three volumes of council
minutes and general entries, which caused the first volume
of council minutes to be dubbed as 3. The minutes of the
intervening Dutch control (1673-4), are in New York
Colonial Manuscripts, vol. 23, pp.l-270, and have been
translated and printed in Documents relative to the Colonial
History of the State of New York, vol. 2, pp. 569-730.
Toward the end of the second part of the so-called third
volume another interruption in the minutes occurs from
November 10, 1677, to August 17, 1678, including the period
of the visit of Governor Edmund Andros to England and
the temporary regime of Captain Anthony Brockholls. A
few minutes for this period are found in New York Colonial
Manuscripts, vols. 26 and 27. A volume of "General
Entries" (1671-1674), having been lettered as 4,- the next
volume of the minutes for 1683 to 1688 is marked as 5,
producing a gap from 1678 to 1683, part of which, to Novem-
ber 19, 1680, is supplied in New York Colonial Manu-
scripts, vols. 28 and 29, whilst executive acts are recorded
in "General Entries" (1678-1680), lettered as vol. 32, and
in "Entries" (1682-1683), lettered as vol. 33. Another
> Printed and abstracted as History Bulletin, No. 2 (May, 1899), of the
New York State Library.
2 Really vol. 4 of the miscellaneous engrossed records. In 1772, a vol. 4 of
the council minutes was yet in the secretary's office, covering from December,
1678, to September, 1683. This is now missing and its whereabouts is
unknown.
Introduction 17
hiatus in the minutes occurs between vol. 5, breaking off
with the last council under Governor Thomas Dongan,
August 2, 1688, and vol. 6, which begins with the first
council under Governor Henry Sloughter, on March 19,
169 1. The State has no regular minutes for the first year
of this period when New York was united with New England
under Governor Edmund Andros, but the administration
of Jacob Leisler, for the years 1689 to 1691, is represented
by a few minutes and many letters, commissions, appoint-
ments, orders, accounts, etc., in New York Colonial Manu-
scripts, vol. 36. Beginning with vol. 6, the minutes form
virtually an uninterrupted series till February 14, 1776,
inclusive. There are also a few minutes of councils of
Governor James Robertson and Lieutenant Governor
Andrew Elliott, from March 23, 1780, to November 19,
1783, of sessions in New York City during the British
occupation.'
When the first regular colonial legislature ' was convened,
in 1 69 1, by Governor Sloughter, the council became a legis-
lative body, coordinate with the assembly, but continued
also its executive sessions. Its legislative minutes have
been printed in two large volumes, as Journal of the Legis-
lative Council of the Colony of New-York. Began the gth
Jay of April, 1 69 1; and ended the ^d day of April, Ijy^
(Albany, 1861). The executive and legislative minutes were
first entered, reversed, in vols. 6 to 8, the legislative minutes
occupying the end of each volume. In vol. 6 were entered
' As the governors of the royal colonies were required to transmit regularly
to England copies of council proceedings, among other official records, for
approval and information, many of them are yet preserved in the Public
Record Office, London, among the Colonial Office Papers, Class 5. Some of
the gaps that appear in the State's archives, after 1686, it will be possible to
supplement from this source. See Andrews. List of the Journals, etc.,
pp. 477, ff., in Appendix D. Ninth Report of the Public Archives Commis*
sion of the American Historical Association, igo8.
' There was of course a representative assembly as early as 1681.
[2]
Province of New York
also the minutes of the council in its judicial capacity, for
1 687-1 688, and in vol. 7 the proceedings of the court of
oyer and terminer, for 1679-1685. The executive and
legislative functions were mingled in vols. 9 to 17 (1702-
1736), and the legislative minutes that have been printed
were marked at the time of publication by a pen or pencil
line in the margins of the manuscripts. Vols. 18, 20, 22,
24, 27, 28, and 30 contain only legislative minutes and were
printed entire in 1861. Vols. 19, 21, 23, 25, 26, 29, and 31
complete the quota of engrossed executive council minutes.
But the State has besides the engrossed minutes parts of two
extra sets. The second set is made up of rough copies in
blank books and, allowing for some breaks, covers the years
1709 to 1776. The third set contains the original drafts
of the proceedings on loose sheets, from 1754 to 1775.' So
it will appear evident that the proper editorial supervision
of the executive council minutes, for a large period, will
require a careful collation of two or three sets owned by
the State and the minutes, after 1686, in the Public Record
Office, London. Only by this procedure can a standard
text be established. Added to this task is the selection
and proper coordination of the miscellaneous engrossed
and original documents for the entire body of minutes,
commensurate with the plan outlined and put into execution
in these initial volumes. The State could not do itself
greater honor than to encourage the persistent prosecution
of a work so important for students and so desirable to
rehabilitate her administrative history during the entire
English colonial period.
VICTOR HUGO PALTSITS
State Historian
Albany, July 27, 1910.
' Calendar of Council Minutes (Albany, 1902), p. 3, £f.
MINUTES
1668-1673
Opposite p. 2 1
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FIRST PAGE OF THE COUNXIL MINUTES.
(Reduced from IW2 by 7Vj inches. I
LSept. 2j
Executive Council Minutes 21
[i] At a Councell held at Forte James in New
Yorke y^ 2^ day of Septem: 1668.
Present.
His Honor y^ Governor
M"" Mayor
Cap? Willett
M' Whitfield
The Seer:*
It is this day Ordered, That a Fast or Day of Humiliation A Fast
bee kept throughout this Governm* to deprecate Gods ^^ ^^'
. . , . pointed.-
afflicting hand from us, & to imprecate his Blessing upon
the Governor & Governm'; To w'^'' end a Proclamacon is
to bee issued forth.// ^
Ordered, That Tuesday next bee y^ day appointed to bee
sett apart being the 8*'' of this instant Month, for the City
of New Yorke & the Libertyes thereof.//
Ordered, That Tuesday Fortnight following being the
22"^ day of this Month bee observed in like manner for the
Inhabitants of Albany & y^ Sopez,^ & soe likewise through-
out all y^ rest of his Royall Highness Territoryes upon
Long Island &c://
Ordered, That Proclamacons bee speedily issued out
to the respective Places, & that the Proclamation for this
City bee read on Thursday next at the State=House, at the
usuall houre, of which Notice is to bee given.-/
' Francis Lovelace, governor; Cornells Steenwyck, mayor of New York
City; Captain Thomas Willett, former mayor of New York City; Ralph
Whitfield, treasurer of the province; Matthias NicoUs, secretary of the
council.
' Collateral and Illustrative Documents, No. I. See also Records of New
Amsterdam, vol. 6, p. 144.
' Esopus, or the Esopus, and officially renamed Kingston on September 25,
1669; but the new name is actually applied two days earlier in the documents.
— Collateral and Illustrative Documents, No. X.
22
Province of New York
r 1668 1
LSept 3J
Settlemt
of Com-
merce.
[2] At a Councell held Septemb"^ the 3"^
1668. &c: —
Present.
The Governo"'
M"" Mayo^
Cap' Willett
M^ Whitfield
The Secret'^y
The Matt^ under consideracon was about y^ Settlem' of
Commerce between this & the Neighbo^ Colonyes in the
West-Indyes &c: the w'^'' was digested into severall Heads,
& Recorded Coppyes whereof are affixt at the Custome
House, & have been sent abroad to the respective places.,?
They are upon Record, soe omitted here.//'
Nov: 6. 1668. Before noone.
At a Speciall Meeting appointed by
the Governo"^ to heare a Matt'^ in
Difference between —
The Inhabit*^ of New Harlem \
by Dan: Turnier, Jn° Vervelen >P^-^
Resolved Waldron, & y" Constable- j
John Archer Def
Their Peticon by way of Plaint is read & their Patent
produced.//
' Collateral and Illustrative Documents, No. II.
2 Daniel Tourneur, whose name is also found in the records as Temeur,
Turneir, Turnier and Turner, was then deputy sheriff; Joharmes Verveelen
was ferrjTnan, an overseer and former constable; Resolved Waldron was an
overseer and former constable; and Pieter Roelofsen was constable of Harlem.
For an account of this controversy and personal data of the persons men-
tioned above see Riker. Revised History of Harlem (New York, 1904),
pp. 248-251, 261, 634-635, 678-680, 691-694, 792, 793; Toler and Nutting.
New Harlem (New York, 1903), pp. 47-50, 304-309, 311-312; Records of
New Amsterdam, vol. 6, p. 150.
[soy%] Executive Council Minutes 23
[3] The Def denyes any Clayme to y^ Lotts upon the Difference
Maine N° i. 2. 3. 4. w'*' w'='' hee is charged, but hath pur- ^^°"^'
chased Land near adjoyning that was the Youncker Van der
Duncks;'
It being taken into Consideracon, It was order'd^ That
the DeP doe bring in the Pa' for the Younckers Land in 15
dayes time, w"' what Right hee hath to the Land where hee
hath built, at w''*' time some Persons shall bee appointed to
view the Meadow belonging to Harlem^ upon the Maine, &
to make Reporte how it may bee preserved from the Def ^
trespassing on it, w'''' said Persons shall also bee ordered to
view the Passage at Spiting-Devill, how it may bee made
convenient for Travailers & Drift of Cattle, y^ fferry at
Harlem being found incommodious, & not answering the
Ends formerly proposed.^*
After noone.//
The other part of y^ Comp" about a piece of Land upon Debate
the Manhattan Island by Spiting Divell said to bee bought ^"^o"*
by the Def from Lamberts & Cockijt^ being heard;
■ Adriaen van der Donck and his colony of Colen Donck.
2 Collateral and Illustrative Documents, Nos. Ill and VII.
= As to the line drawn for the " Range of Harlem Cattle ", March 20, 1665/6,
there is a record in Orders, Warrants, Letters, vol. 2, p. 32.
' Collateral and Illustrative Documents, No. IV.
' Joost Kockuyt (also Cockhuijt, Cocquijt), a native of Bruges, in Flanders,
came over by way of Holland in the ship " Gilded Otter," which left Texel on
April 27, 1660. He married, in 1662, the widow of Pieter Jansen and so
became part owner with Thomas Lambertsen of a tract of land known as
the Jansen and Aertsen patent, located in the town of Harlem at Sherman's
Creek, and since forming the " Dyckman Homestead," near Spuyten Duyvel.
The joint owners sold this land to John Archer, of Westchester, for six hun-
dred guilders, but Governor Nicolls would not coniirm the transaction for
reasons here stated in the council minutes. Kockuyt sold out his interest
later to Paulus Richard, of New York, who became involved with Lambertsen
in this " difference long depending " with the town of Harlem. The case was
Land.
24 Province of New York [Nov^^e]
The Def was askt by the Governo^ how much hee gave for
theLand, hee answered hee gave 600 Guild^&spent 40 Guild*^//
The late Governo''^' Reasons for not confirming the Old
Patent, in regard it might bee injurious to y*^ Towne of
Harlem were considered.//
The long time since the first Grounde-Briefe [4] was given,
& noe Settlement since;
The small Consideracon given;
Vpon Mature Consideracon &cc:ff
They doe judge that the Land in question on this Island
by Spiting-Divell, shall belong to the Towne of Harlem,
both by vertue of their Patent, & the Elapse of their former
Ground-Briefe, but it's recommended to them to pay to y^
pretended Proprieto" what their first Sale was for.^
And that when the Persons goe to view the Passage &c:
they are to see that Copeall^ have no prejudice. &c: —
adjudicated at the court of assizes by an order dated June 22, 1670, and
Richard bought out Lambertsen's share, and took a bond from the town of
three hundred guilders. Kockuyt was of Bushwick (now included in Brook-
lyn), and was named a lieutenant of militia for the towns of New Utrecht
and Bushwick, October 25, 1673. His will, proved April i, 1695, is in the
surrogate's office, New York City. Thomas Lambertsen " of Bedford w*''ia
the Jurisdiccon of Breucklyn in the West Riding of Yorkshire," was constable
of Brooklyn and kept " an Ordinary " or tavern in the village of Bedford, for
which he obtained a license " to sell beare wyne or any othT Strong Liquors,"
being given an exclusive privilege for one year, from December 17, 1668, on
condition that he would provide " for the Accomodation of Strangers Trau-
ellers & other persons passing that way w''^ dyett lodging and Horsemeate."
Letters of administration were granted to his daughter Elizabeth and his
son-in-law Cornelis vander Hoven, on February 5, 1702/3. — Riker. Revised
History of Harlem (1904), pp. 104, 247, 250, 268; Orders, Warrants, Letters,
vol. 2, p. 318; Court of Assizes, vol. 2, pp. 553, 555; A^. Y. Col. Docs., vol. 2,
p. 646; Collections of N. Y. Hist. Society, 1892, pp. 252, 310, 362; Bergen.
Early Settlers of Kings County, pp. 180, 322; Records of New Amsterdam,
vol. 6, pp. 184, 226, 230; Records of the R. D. Church, Marriages. New York,
1890, p. 28.
' Richard NicoUs. '
' Collateral and Illustrative Documents, No. III.
' This nickname, here applied to John Archer, had been applied to his
father who, in 1658, is called " Jan Aarsen, from Nieuwhoff, commonly called
UI668 1
ov. 2lJ
Executive Council Minutes 25
Novem: 2i'> 1668.
Present.
The Governor
M' Mayo'
M"^ Bedloo .
M'' Boone
The Secret.
John Archer according to the Order of the 6''' Instant'
appear'd to make out his Title. >?
Jan Koopal," and the son had been styled as early as 1662 as " Jan Arcer,
alias Koopal, the younger," and prior thereto as " Jan Arcer, alias Neuswys
(meaning ' Nosey '), from Amsterdam." The Dutch sobriquet " Koop-al "
(in English " Buy all "), seems to have been not uncommon, for it was also
given to another contemporary resident of early New York, Jan Hendricksen
Stilman. The English form of Archer, which has descended to a large pos-
terity, was evolved in the English community of Westchester, where he had
resided many years, and where, in 1659, he took to wife an English girl from
Cambridge. He sold out his house and lands in Westchester, on August 3,
j666, to Laurence Carter and Mary Bedient. Archer purchased a large tract
of Adriaen van der Donck's colony of " Colen Donck," which was erected
into the Manor of Fordham, of which he was the first lord. He figured often
in the court litigations and other controversies with his neighbors and his
tenants, some cases being embodied in this volume and others are mentioned
by Riker. At the court of assizes, September 29, 1665, he was defendant
against John Ponton, charged with keeping back a sum of money, an overplus
of a fine for which Ponton had been adjudged liable to Archer by a former
suit at law, and also for counterfeiting an execution which he used against
Ponton. He was bound over, March 2, 166S/9, to the next court of assizes,
" accused for a Rape " by Benjamin Palmer and his wife, Mary; but the case
was " w'.^'drawne by peticon & consent," October, i66g. At the court of
sessions, held in June, 167 1, at Jamaica, L. I., he was bound over in an action
for debt brought by John Pell, of Westchester. The inhabitants of the town
of Fordham brought suit against him for " taking uppon himselfe to Ruel
and Governe over them by Rigur and force," and the mayor's court, Sep-
tember 8, 1671, ordered him " to behavie himselfe for y^ future Civilly
and quietly ag^' y? Inhabitants." — Riker. Revised History of Harlem
(1904), pp. 248, ff.; Court of Assizes, vol. 2, pp. 19-21, 200, 644; Mayor's
Court, New York City Records, in A^. Y. Col. Docs., vol. 13, p. 459; Deeds,
vol. 2, pp. 138-140, in olBce of Secretary of State; Innes. New Amsterdam
arid its People, p. 221; Records of New Amsterdam, vol. 6, pp. 212, 267, 274,
325-
•Collateral and Illustrative Documents, No. III.
26
Province of New York
The Ordf
George
Tippett
for un-
lawfull
Markes. —
Vide y«
Records
Whereas by an Ord'' of y^ 6"* Instant Jn° Archer was
appointed to make out his Title to the Land where hee is
now seated, & having accordingly appeard, but not clearly
made it out, Hee having noe Bill of Sale nor Bonds setting
forth his Purchase, It is this day Ordered, That the said
Jn° Archer have farther time till y^ 14**' day of fFeb'?' next
to cleare his Title; In y^ mean time hee is to remaine where
hee is without Molestacon; [hee givinjg ' noe [Di]sturbance
to his Neighbours.// -
[5] It is likewise Ordered, That in pursuance of the former
Ord'' some Persons shall bee appointed to view y^ Land
where Jn? Archer now lives, & the Meadowes belonging
to Harlem upon the Maine, as also about the Passage at
Spiting Devill for y^ conveniency of Travellers, & p'^servacon
of Cattle upon the Island, when the fFerry at Harlem is to
bee removed.// ^
An Order to bee made to release the Cattle under Arrest
at Harlem, belonging to Jn° Archer.^ *
An Ord^ to George Tippett about the unlawfull Marke
hee useth about cutting the Eares of Cattle soe close, that
any other Marks may bee cutt off by it.^ ^
1 Original mutilated.
2 Collateral and Illustrative Documents, No. III.
2 Collateral and Dlustrative Documents, Nos. Ill and IV. See also Records
of New Amsterdam, vol. 6, pp. S3-84, 130, 170.
< Collateral and Illustrative Documents, No. III.
' George Tippett or Tippetts is put down as " of fflushing " in a list of
August 12, 1667. — Orders, Warrants, Letters, vol. 2, p. 180. In the inventory
of his estate, September 29, 1675, he is called " of Yonckers, late deceased." —
Collections of N. Y. Hist. Soc, 1892, p. 35. His w-idow, Mehitabel, was
married to Samuel Hitchcock. — Pelletreau. Early Wills of Westchester
County, p. 385. On March 2, 1669/70, Lovelace issued an order concerning
certain strayed hogs near Fordham, largely directed against Tippett, who
claimed ownership, and which John Archer also claimed for the Duke of
York, he having been appointed by Lovelace " to make inquiry after wild &
stray unmark't hoggs w":'' have no perticuler Owner so of Consequence belong
to his Royall Highness as Lord ProprietoT " — Court of Assizes, vol. 2, p. 474.
Executive Council Minutes 27
Severall Ord"? made by y* Governor These
at New Harlem. Feb: 22. & 23* 1668. O^"^-' ««
■^ upon Rec-
The Governo!" having w' him some of ord else-
y^ Councell & others of the Bench at New where.*
Yorke.^
It is this day Ordered,' that a Convenient Waggon-Way
bee made between the City of New Yorke & this place; to
w*^*" end foure Com"^ shall bee appointed (viz' two on each
part) who are to [6] View & consider of y^ most convenient
Passage to bee made.//
The Com"?^ of New Yorke are to bee those, who formerly
were nominated Overseers for this yeare; Viz? Thomas
Hall - & Gerritt Hendricksen; For the Towne of Harlem
Daniel Turneir, and Resolved Waldron.//
That these foure Commission" meet to view the said Way
on Thursday next being the 2^^^ of this instant Month; &
after having concluded upon it, That immediately they fall
upon laying out the Way, according to their former Agreem*.
thereupon; That is to say. The Boores of the Bowery &
parts adjacent to cleare the way to bee fitt for the passage of
Waggons from New Yorke to the Saw-Kill, & y'^ Towne of
Harlem, from thence to their Towne.//
At the assizes, in October, 1672, Tippett w^s tried for hog-stealing, and Archer
declared " his Knowledge of Tippetts unlawfull Marks, of which hee hath
complayned. That his Marks formerly & now are such that he cann cutt out
any other Mans Marks; if hee meets an Old Hogg, hee cutts his old Mark, if
a young one his new one." The court fined him forty pounds or in lieu
thereof to " receive y'^ Corporall punishm' of thirty one Stripes at the Common
Whipping-Post before the Stathouse of this City before the breaking up of
this Court." — Court of Assizes, vol. 2, pp. 303, 311. See also Riker. Revised
History of Harlem (1904), pp. 262, 263, 283, 327.
1 Collateral and Illustrative Documents, No. V. See also Riker. Ibid, pp.
233, 252, ff. ; Records of New Amsterdam, vol. 6, pp. 296, 359-360, 361-362.
'Hall died in 1669. — See Collections of N. Y. Hist. Society, 1892, p. 12.
There is a short sketch of him in Innes. New Ainsterdam and its People, pp.
326-328.
28 Province of New York teb. «'-„]
That this Way bee laid out & cleared according to the
Intent of this Order by the first of May next.
That the Commission" of either Party have hereby
liberty to make Inspection on the sufficiency or Defect of
each other, to the Intent that there prove noe ffailing in
either of them./f
That y'' appointed Comri'^ upon their Conclusion of the
best way, doe immediately give the Governor an Acco' of
their Agreem*; who thereupon will give Order for the putting
the same in Execution. ;?
It is also Ordered, That all Horses & Cattle belonging
to New Yorke, & New Harlem which [7] shall bee turned
into y^ Woods upon this Island shall have a marke of Dis-
tinction upon them; ' That is to say. Those belonging to
New Yorke, the Bowery & parts adjacent are to have a
Brand-Marke w''' ^ upon them; & those of New Harlem
^*^AH' ^^^ ^^^ there bee a Person appointed & sworne
in each Place to marke such Horses & Cattle as really doe
belong to the Inhabitants and none others. ,?
That if Thomas Hall cannot come to bee one of y° Com-
mission"? at any of the times appointed to attend the laying out
of the way, hee may send a fitt Person in his Place, w"^*"
John Vigne ^ is adjudged to bee, if hee come for him.//
• In 1 67 1 complaint was made that great quantities of mimarked horses
and cattle were still found in the common woodland on the Island of Man-
hattan, and an order was issued against this disobedience of the former
ordinance requiring branding. — Records of New Amsterdam, vol. 6, pp. 351-
352. On the duties of the overseers of highways and branders of horses and
cattle on the island, see ibid, pp. 215-216, 222-223, 237-238, 239-240.
' John Vigne, whose name appears in the records also as Jan and Jean
Vinge and Vinje. His will mentions his deceased wife, Emmerantie vander
Sluys. He was a brewer of New York City. For the administration of his
estate, which carried over a number of years, see Collections of N. Y. Hist.
Society, 1892, pp. 154, 155, 190, 457. He is credited with being the first
child of European parentage bom in New Netherland. For a sketch of him
and related data see Innes. New Amsterdam and its People, pp. 29S, 306-308.
Neck &c:
[Feb.%] Executive Council Minutes 29
Whereas y^ Inhabitants of y^ Towne of West-Chester [An Ordr
having timely Notice of the Governours Intent of being at ^°°"* 3^
° -^ . . . ' difference
New Harlem upon the 22**^ of this Month, to enquire into & 'between
issue severall Differences relating to their Towne, as well W: chestr
as other Matt'^ between the Towne of New Harlem & Jn°
Archer; And the Governor accordingly having been at New '
Harlem, where all other persons concerned did attend,
excepting those from Westchester; It is therefore Ordered,'
That Mr Jn° Richbell of Momoronock,^ M'' W™ Laurence
[8] of iBushing, Jacques Cortilleau of New Vtrecht, Resolved
Waldron of New Harlem & M"^ Thomas Wandall bee &
are hereby appointed Commission" to view y" Lands, & to
examine into, heare, & determine the severall Matt"? &
Cases in Difference between the Towne of West Chester, &
M"' W" Willett about Cornells Neck^ and also between
them & Thomas Hunt * about his Commonage & Watring
Place upon Throgmortons Neck, & what else there may bee
' For the order commissioning them see Collateral and Illustrative Doc-
uments, No. Ill, where the Archer documents also are given. For those
bearing upon the cases of Willett and Hunt see ibid, No. VI.
2 Mamaroneck, Westchester County.
= This is Black Rock. It was originally named from Thomas Cornell to
whom Kieft had granted it in 1646. It is also given as " Cornhills Neck " in
the earliest English records. — Deeds, vol. 2, p. 69. See Bolton. Hist, of
ilie County of Westchester (edition of 1881), vol. 2, pp. 270-275.
' In a suit brought by Augustine Herrman at the court of assizes against
the inhabitants of Westchester for right to Throgmorton's Neck, Hunt
informed the court and jury " That hee Bought of the P*.' the Land called
Spicers and Brocketts Neck, upon part of w'^h^ jjgg qq^ lives, and by virtue
of that Purchase, hee hath Common in Throckmortons Neck." — Court of
Assizes, vol. 2, p. 60 (September, 1666), also pp. 129-130 (November i, 1667).
Herrman's suit at the assizes is in ibid, pp. 46, 53, 59-61, 105, 129-130, 724.
Thomas Hunt, Sr. ditd February 8, 1694/5, and by his will left his estate of
" the Grove Farm," in Westchester, to Josiah Hunt, the eldest son of his son
Josiah. — Collections of N. Y. Hist. Society, 1892, pp. 248, 249, 256. See
also Records of New Amsterdam, vol. 6, pp. 42-43; Bolton. Hist, of County
of Westchester, vol. 2 (1881 edition), pp. 264, ff.
30 Province of New York [peb^y
about the Patent granted to Hugh Oneale & Mary his
wife for the Land comonly called the Jounckers Land,* or
any other AfFayre of the like nature; to w'''' the Towne of
Westchester hath relation, w'''' said Commission'? are to
meet about those Matt" with all convenient Expedicon; &
to give a finall Determinacon thereof; To w"^^ when they
have rendred mee an Acco' I shall give my Confirmacon.//
' See Collateral and Illustrative Documents, Ko. VII. Adriaen van der
Donck, in October, 1645, married Mary Doughty, daughter of Rev. Francis
Doughty, first clergyman of the English colonists at Flushing, who had a
checkered career in New England, New Netherland, Maryland and Virginia.
They lived in the colony of Rensselaerswyck for a short time and removed to
New Amsterdam in 1646. Soon thereafter van der Donck purchased from
the Indians, under a grant from Director-General Kieft, their unextinguished
titles to the lands " as far as Papirinamin, called by our people (Spyt den
Duyvell), in Spite of the Devil." This tract was soon named " Colen Donck,"
or Donck's Colony, and the Dutch referred to the estate as " de Jonkheers
Landt," which the English corrupted into " Yonkers," by which form his
memory is perpetuated to this day in the city of Yonkers. Van der Donck, who
had been absent in Holland for nearly four years, where he had taken the
degree of doctor of laws and had been admitted an advocate in the supreme
court of Holland, retxirned to New Netherland in 1653, where he died in 1655,
leaving to his widow the above mentioned estate. She was married to
Captain Hugh O'Neal, of Patuxent, Maryland; removed there, but returned
to New York after the English took possession, and laid claim to her estate.
She returned " home into Maryland y'^ Place of her abode," with horses
and mares received in part payment for her and her husband's property in
New York, which she had sold. In 1666 Hugh O'Neal or Oneale brought
suit at the assizes against John Ramsden, of Newtown, because he " doth
unjustly detaine and keep from him, a certaine Lott or Tenement, lying and
being in New Towne, in the west Riding of Yorkshire upon Long Island,
of which the said Ramsden is now in Possession." The case was decided
against him. — Brodhead. Hist, of N. Y., vol. i, pp. 419, 420, 421, 560,
561; Publications of Colonial Society of Mass., vol. 10, pp. 261-276; Van
Rensselaer Bowier Manuscripts, p. 824; Court of Assizes, vol. 2, pp. 47, 63-66,
710; Riker. Revised History of Harlem (1904), pp. 147, 243, 256; Bolton.
Hist, of Westchester Comity (edition of i88i), vol. 2, pp. 576-586. On the
career of Adriaen van der Donck, see address before the Westchester County
Historical Society, November 22, 1888, by Thomas AsUey Atkins, and another,
before the aimual meeting of the N. Y. State Bar Association, January, 1904,
by Alfred L. Becker. In the year of his death, 1655, Adriaen van der
Donck's booklet, entitled Beschrijvinge van Nieuw Nederlant, was first pub-
lished. A second edition appeared in 1656.
[j^ll&] Executive Council Minutes 31
Present.
At a Councell held June
y^ 28*'' 1669.
The Governo?'
M^ Whitfield
The Secret'7
The Inhab**^ of Boswijck — P*"
The Inhab*.'' of Newtowne Def"" *
[9] Those of Boswijck produce y" Ord r at the Gen''!' Meet-
ing at Hempstead.//
Their Ord^ from Governor Stuijvesant is, To have the
Meadow^ in question, if not formerly granted by Ground
briefe to others.//
Those of Newtowne plead their Indyan Purchase and
Patent.*
Together w**" M'' Robert Goes Testimony Viva Voce, &
M'' Richard Gildersleev's Sen!^ M"^ Robert Jacksons • &
Rich^ Gildersleeve's JunT Deposicon that this Meadow in
question was layd out a long while since for Newtowne,
before Boswijck was a Towne.i?
An Ordr issued out hereupon to endeavour an Accomoda-
• Collateral and Illustrative Documents, No. VIII. The settlement of
Boswijck (now Bushwick, a part of Brooklyn), was laid out by Stuyvesant
in 1 66 1, at the request of several Frenchmen, and belonged to the district
of " the Five Dutch Towns." A special warrant was issued, October 22, 1669,
for appearance at the assizes in the case in controversy. On June 23, 1666,
the inhabitants of Newtown, alias Middleborough, were granted a license to
treat with and consummate a purchase from the Indians " for the better
Securing of their Title to the Lands lying betweene Mashpeth Kills, and the
head of fBushing Creeke." — Brodhead. Hist, of N. Y., vol. i, p. 693;
Court of Assizes, vol. 2, p. 428; Orders, Warrants, Letters, vol. 2, p. 76.
2 Robert Jackson was for some years constable of Hempstead, where he
had a license to sell strong liquors by retail. — Orders, Warrants, Letters,
vol. 2, pp. 6, 305; Hempstead Town Records, vol. 1 (Jamaica, 1896),
p. 278.
2,2 Province of New York {^11%^]
con, but at length it was referr'd to y'' Co"^^' of Assizes for a
Determinacon, y" former not p''vailing.'
Monday June y" 28'.'' 1669. as before.
ALett''tobeewritteninAnsw''toM'' Mulford &M'' James ;^
ffirst, To give them thanks for their Care in enquiring into
the Matt'^ of y'' Indyans; That if they shall finde the Occasion
pressing, to send to all y^ Commission'^.'' authorized for the
carrying on the Indyan Affayres, to have a Meeting, & to
take the w^hole Matter into Examinacon, soe to send up a
Reporte of the Nature of it, & hovp they finde it.//
[10] That they bee very carefull to shew noe Apprehension
of fFeare, but to proceed vigorously in their Acting.//
That the Indyan called Aukcannitt bee examined, & if
Occasion bee found, that hee bee sent up hither a Prisoner.//
That y" Commission*^^^ enquire into y*^ Matter of imposing
a Tax upon the Indyans as formerly, whither it may bee
thought necessary or convenient, & to returne their Opinion
hither.//
That M'' James have a Lycence to sell such small quan-
' Heard at the court of assizes, November 4, 1669. The jury brought in a
verdict for Bushwick, adjudging that the meadow in controversy belonged
to it, and the court gave judgment accordingly, the town of Newtown to
pay the costs of the suit. — Court of Assizes, vol. 2, p. 215.
2 John Mulford, of East Hampton, was one of the justices of the peace of
the East Riding of Yorkshire. — Orders, Warrants, Letters, vol. 2, pp. 51,
434. He was also one of the " Commissioners for y^ Indyan Affaires in y'
East Rideing." — General Entries, vol. 4, p. loi. See Genealogy of the Family
of Mulford, Boston, 1880, p. 4; also the same in New England Hist, and
Geneal. Register, April, 1880. Rev. Thomas James was called to the ministry
at East Hampton by an order of the town, August 23, 1651. — Record': of
East-Hampton, vol. i, p. 16. Governor Lovelace was considerably interested
in a plan of James for the conversion of the Indians and the publication of an
Indian catechism which the clergyman had prepared, and the governor
mentions in his letter to James his intention of having a printer in New York,
which did not materialize. — Orders, Warrants, Letters, vol. 2, pp. 290-293
(November 19, 166S).
[juiy^'i] Executive Council Minutes 33
tityes of Powder &c: & that hee bee freed from Taxes as
hee desires.//
That Will y'^ Indyan ' bee Ordered not to come into East
Hampton or any of y® Townes aty*^ East end of Long Island;
fFor the w'^'' an Order is to bee made, & hee to bee acquainted
therewith./?^
July 3 1*!' 1669. At Fordham.
Vpon Acco* of the Difference between Jn? Archer, &
Wiltm Betts ^ & George Tippett, It was Ordered * as
followes. Viz' —
1 Nangenutch (also Nangenuge), a Montauk Indian, who passed among the
English under the alias of Will, was indicted and tried in March-April, 1668,
for committing a rape, on March 19, 1667/8, upon Mary the wife of John Miller,
a husbandman of East Hampton, in her own home. He pleaded not guilty
of the act, on a technicality, and claimed to have been drunk at the time.
The court found that the facts adduced did not warrant his execution, but
ordered him to be whipped publicly with thirty stripes before the town house,
which was carried out by a negro who received nine florin, seawant, for his
hire. The Indian was then returned to prison to await Governor Nicolls's
opportunity of deporting him to one of the Leeward Islands, and the money
obtained from his sale was to be used to defray the costs entailed by his
arrest and trial. But he escaped by the aid of four Montauk Indians, whom
Lovelace (November ig, 1668) ordered to be seized. The unpaid charges
were then levied upon the Montauks, who were derelict in paying the " whole
summe of forty pounds, which was ordered them to pay for y^ Escape of
Will the Indyan of y^ which a part is allready paid." On account of their
alleged poverty and upon their petition, Lovelace extended the time of pay-
ment in Indian corn for another year from April 26, 1669, but repealed this
order on June 20, of that year. The records indicate that Will was a lecher-
ous Indian, and that he had been committed and whipped before for larceny.
The indictment, form of trial, court proceedings, examination, order of the
court and bill of charges are in A''. Y. Colonial MSS., vol. 22, pp. 36-45;
correspondence, etc. are in Orders, Warrants, Letters, vol. 2, pp. 288, 304,
398, 452; Deeds, vol. 3, pp. 39-40.
' Collateral and Illustrative Documents, No. IX.
' William Betts describes himself as " of the Yonckers Plantation " in his
will made " the Twelfth day of the Twelfth month 1673." His wife, Alice, was
confirmed as executrix, January 2, 1675. His daughter, Mehitabel, was the
wife of George Tippett. — Collections o{ N. Y. Hist. Society, 1892, pp. 33-34.
'Collateral and Illustrative Documents, No. III.
[3]
34
Province of New York
[ii] That in the Matt"" of the Difference between John
Archer, & W"" Betts, Tippett &c:
It is Ordered, That Jaques Courtelyou ' bee sent to view
& lay out Archers thirty Acres, & y" Remaind' to bee to
them; & if they have cutt & carryed away any Hay belong-
ing to Archer, they are to returne soe much, hee paying
them for their paines.//
That some Proporcon bee layd out for the fferryman M''
Vervelen.i/ ^
That Archers bee good Substantial! Meadow, & Betts
&c: to have the rest.y
' Captain Jacques Cortelyou, Cortileau, CortUleau, Cortelijau refused the
office of schout of New Amsterdam in 1654. He was a teacher in the family
of Cornells van Werckhoven, who died in 1655, and became the agent for
the heirs. In 1657 Cortelyou commenced a settlement which was named
New Utrecht, as a compliment to the birthplace of Van Werckhoven in
Holland. He was a surveyor; had been surveyor general in 1657, and was
recommissioned by Lovelace " Surveyo'' Gen'^" in theise his R. H^! his Ter-
ritoryes," in March, 1670/1, " to measure or lay out Lands or Lotts of ground
w';*' shall at any tyme be ordered by me, as also for any private person w'*^
in y^ Govemm' who shall employ him for y^ bettV ascertaining y^ Lymitts
& bounds of Lands or houses betweene one person & anothr " Lovelace
also commissioned him. May 4, 1672, as " Vendue-Master of Flatt-Bush,
and y^ rest of the Dutch Townes in y"^ West Rideing of York-shire upon
Long-Island," as successor to Adrian Heggeman, who had died. Letters of
administration were granted to the sons of Cortelyou, August 2, 1693, and
the inventory of his estate was registered, January 20, 1693/4. — Brodhead.
History of N. Y., vol. i, pp. 588, 693; General Entries, vol. 4, pp. 113, 124;
Collections of N. Y. Hist. Society, 1892, pp. 220, 231; Court of Assizes,
vol. 2, pp. 614, 656; Bergen. Early Settlers of Kings County, p. 75; Bergen.
History of New Utrecht (Brooklyn, 1884), pp. 3-4; Doc. Hist, of N. Y.
(octavo edition), vol. i, p. 633.
' Collateral and Illustrative Documents, No. IV. Johannes Verveelen was
constable of Fordham, as well as ferryman of the Harlem ferry and upon
the removal of the latter, as the accompanying documents show, ferryman
at Spuyten Duyvel. For references to his constabulary post see Court of
Assizes, vol. 2, pp. 449, 644; and for his career as ferryman and other personal
data, Riker. Revised History of Harlem (1904), pp. 248, 253-256, 678-680,
793-
Ui^^ii] Executive Council Minutes 35
[August 1 1."" 1669.'
At a Councell then held at fFort James in New Yorke on
y^^ Island Manhatans before his Hono' y^ Governor
M^ Thorn: WiUett
Mr Ralph Whitfeild
both of y" Councell
then present.
Perewyn Sachem of y" Hackensack Toppan & Staten
Island Indians appeared this day in y^ behalfe of those
nations (being lately chosen their Sachem) desiring y®
freindship & amity they lately had w'*" us in y" tyme of y?
late Governor CoH Nicolls might be continued w^^ his Hono'
y? p''sent Governor
The Governor ansM^ered it should be continued as longe
as they carryed themselues well
The Sachem then p''sented a band of Seawant to his
Hono5 w^*" he said they receiued from y? Maquesses upon
concluding y? peace w^^ them desiring it might be kept that
if y^ Maques should fall out wf^ them that band of Seawant
might remaine as Testimony of their former agreement
His Honor hauing ask't whether he was chosen by those
Nations to be their Sachem yf Indians then p''sent (in owning
him so to be) held up their hands
His Honor then ordered that a Letter should be wrytt to
y'' Com." of Albany to signifye to y^ Maquess & Synakers
that y'' Sachem of theise Nations hath declared y*^ peace
they made w.'*" them & are resolved to keep it inviolably.
The Sachem doth disclayme any right of imposing or
receiuing any kinde of Tribute (as is Comonly giuen out)
of Christians fishing upon Hudsons Ryver, if any such thing
' This session of the council is not entered in the regular minutes, but is
supplied here from Deeds, vol. 3, p. 41, in ofiBce of Secretary of State.
36 Province of New York [slpt'9]
hath beene demaunded or Exacted it hath beene w'^'out y^
privity or ordr of y" Cheife persons amongst them.]
At a Councell. Sept: 9*^ 1669.
Before the Governor
Present
Mr Whitfield
Mr Nicolls.
The Busynesse of Esopus taken into Consideracon.// '
It is Ordered That y'' Garryson at the Esopus shall bee
henceforth Disbanded, and Dismist of their Military Employ-
ment, They [12] being a needless Charge to y^ Duke.#^
It is Ordered, That Commission''? bee appointed to goe
up to Esopus to whom some others there shall bee joyned
to Regulate the Affayres of Esopus and of the New Dorpes.^
That y® Persons appointed for Commission'^? bee
M^ Ralph Whitfield — Presid?
Cap? Jn? Manning
Cap' Jacques Cortelijau
Cap' Thorn: Chambers
M^ W™ Beakman — Schout
M' Henry Pawling
M"' Christopher Berrisford.
Of w'''' any five of them shall bee a Quorum to settle the
Affayres of all the Places thereabouts, for the which they
shall have a Commission and Instructions.*
> Collateral and Illustrative Documents, No. X.
^ The so-called mutiny of the burghers of Esopus had been quelled, and it
being now a " time of peace," the garrison was disbanded, and grants of land
were made to the soldiers, particularly in the newly-created villages.
'The dorp or village nearest Esopus or Kingston was named Hurley; the
second was known as " Halfe way ground," and the third or " furthest New
Dorpe or Village " was named Marbleton (or Marbletown). — N. Y. Col,
MSS., vol. 22, p. 99, under date of September 17, i66g.
< Collateral and Illustrative Documents, No. X. The commission was com-
[se'p"%] Executive Council Minutes 37
Sept. 14*^ 1669.
At a Councell held by y" Governor Sec-
Present.
Mr Whitfield
M.' Nicolls.
Vpon y" Receipt of Letters from Cap* Carr[e] ' that an
Insurrection is very much feared [13] the Chiefe Actor being
in Hold, and the Depositions of severall Persons taken;
It is Ordered, That a Letter of Thanks bee sent to the
Officers there for their great Care.
That y° Long ffinne ^ in hold & in Irons bee kept still
in safe Custody in like manner as hee is, untiil the Governor
or some Persons Commissioned from him shall goe over to
examine into & try y® Matter of ffact, w''''' is of soe heynous
& high a Nature.//
That all Persons who have had a Hand in y" Plott bee
bound over, & enjoyned to give Security to Answer their
Misdemeanor, & an Acco' to bee taken of their Estates in
the meane time.
posed of representative and able men. Whitfield was treasurer of the prov-
ince, a member of the council and at this time an alderman of New York City;
Manning was then sheriff of New York City; Cortelyou was surveyor general;
Chambers was owner of the Fox Hall estate; Beeckman was the Esopus
schout, and Pawling and Beresford were military officers. Beresford had
succeeded to the command at Esopus after the suspension of Captain Daniel
Brodhead, in 1667. He was appointed chief magistrate of Hurley and
Marbletown, in September, 1669.
' Captain John Carr, son of Sir Robert Carr, and commander-in-chief of
the Delaware, at Newcastle.
* This leader of the Delaware insurrection, commonly called the Long
Finn, and the Long Swede, appears in his indictment as " John Binckson
alias Coningsmarke, alias Coningsmarcus, alias Matheus Hencks," and in
the papers relating to his deportation to the Barbados he is named "y'' Long
ffiime called Marcus Jacobsen " and " Marcus Jacobs comonly called y°
Long Finne." He set up the false claim of being a son of the famous Swedish
general. Count Konigsmark. — Collateral and Illustrative Documents, No. XI.
These documents give the names of his partisans and his deluded followers.
38 Province of New York
Present
Octob. iS'.'' 1669.
At a Councell then held &c:
The Governor
M'ThoiDelavall
M^ Ralph Whitfield
M^ Thomas Willett
The Secretary.
The Matt"? under Consideracon were, y^ Insurrection at
Delaware occasioned by the Long ffinne,' & y® Rape Com-
mitted by an Indyan there.- //
[14] Vpon serious & due Consideracon had of the
Insurrection begann by y*^ Long ffinne at Delaware, who
gave himselfe out to bee Son of Coningsmarke a Swedish
Generall, & y^ dangerous Consequence thereof, It is adjudged
that y^ said Long ffinne deserves to dye for the same. Yet
in regard. That many others being Concerned w"^ him in
that Insurrection might bee involv'd in the same Premunire
if the rigour of the Law should bee extended, & amongst
them diverse simple & ignorant People; It is thought fitt
& Ordered, that the said Long ffinne shall bee publickly &
severely whipt, & stigmatiz'd or Branded in the fface w*''
the Letter (R.) with an Inscription written, in great Letters
& putt upon his Breast, That hee receiv'd that Punishment
for Attempting Rebellion, after w'^'' that hee bee secured
untill hee can bee sent & sold to the Barbados or some other
of those remoter Plantations.
That y® Chiefest of his Complices & those concerned
with him most doe forfeit to his Ma'i® the one halfe of their
Goods & Chattells; & that a smaller Mulct or ffine bee
imposed on the rest that were drawn in & followed him, the
' Collateral and Illustrative Documents, No. XI.
2 Collateral and Illustrative Documents, No. XII.
Executive Council Minutes 39
which shall bee left to the Discretion of the Commission" who
shall bee appointed to make Enquiry into, & examine the same.
That the Indyan' who Committed y^ Rape [15] upon y^
Body of a Christian Woman bee putt to Death (if hee can
bee found) for that foule ffact, according to the Sentence
allready past upon him, & that y^ Sachems under whom
hee is bee sent to that they Deliver him up that Justice may
bee executed upon him accordingly.
By Ordr &c:—
Octob: 18*'' 1669. Munday After-
noone.
At a Councell held upon Munday
After Noone at the Custome
House, Die & An? supra-
scriptis.
Present
The Governour
M'' Delavall
M^ WiUett
M^ Whitfield
The Secretary
M'' Van Ruyven = )
Collector of y^ Customes. j
It was Ordered y' Tobacco Exported for Europe shall
' Collateral and Illustrative Documents, No. XII.
' Cornelis van Ruijven (Cornelius van Rujrven) was appointed, on April
14, 1665, by Governor NicoUs, who had put an arrest upon the whole estate
and revenue belonging to the West India Company, " to make up and Com-
pleate " the account books of that company, as Van Ruijven had been the
treasurer of the West India Company at the time of the surrender in 1664. —
General Entries, vol. i, p. 108. He was commissioned by Governor Lovelace
as " Collector & Receiuer Generall of the Customes in New Yorke " and
"of all & singular his Ma'.'^^ Customes to be paid for all sortes of goods &
merchandise (lyable to pay) imported into this Citty of New Yorke or any
40
Province of New York
pay as an Acknowledgment to his Royall Highness two
Guilders Wamp" per Hogshead.
That Sugar Exported from these parts thither shall pay
2^ per Cent, in Beaver.
[i6] That Beav" to bee Exported for Europe shall for the
future pay but ] Sc h per Cent, in lieu of lo^ Cent before;
In regard It is adjudged that 2 & J is paid in England, soe
that here & in England makes up the just Proportion of lo
per Cent, as formerly.
All other grosse Goods not here particularly specifyed,
which shall bee exported as before, shall pay {ad valorem)
one & ^ per Cent.//
Jan^." 25'.'' 1669.
At a Councell then held &c:
Present
The Governor
M^ Delavall
The Secretary.
other parte place or Creeke w'^'in these his Royal Highnesse his Territoryes
whether the said goods or merchandize shall come from Europe or any other
partes as also for what shall in like manner be Exported." This commission,
dated May i, 1668, was " Deliuered Nouemb^ 24th 1668," as stated in the
records. — Orders, Warrants, Letters, vol. 2, p. 297. His instructions, May
24, 166S, are in N. Y. Col. MSS., vol. 22, p. 51. He continued in this im-
portant office, and in 1672 is called " Comptroller & Receiver of the Customes "
(August 19). — General Entries, vol. 4, p. 193.
Van Ruijven was also one of the first group of aldermen under the new
form of government of New York City, from June 12, 1665, till June 12,
1666. — General Entries, vol. i, p. 121; was again alderman from October 9,
1669, till August 14, 1670, and from the latter date till October 9, 1670. —
Court of Assizes, vol. 2, pp. 421, 571; and again from October 13, 1671, till
October 13, 1672. — General Entries, vol. 4, p. 53. He was commissioned
deputy mayor on October 13, 1672, which was one of the posts held by him
when the Dutch retook the city. — • General Entries, vol. 4, p. 220. He was
a justice of the peace for the west riding of Yorkshire, to which he was com-
missioned by both Nicolls and Lovelace. — Orders, Warrants, Letters, vol. 2,
pp. 353, 435; Deeds, vol. 2, p. 21. For other personal data see Bergen. Early
Settlers of Kings County, p. 360.
Lran7°25] Executive Council Minutes 41
The Sentence against y" Long Finn taken into
Consideracon.'
It is ordered that t^vo Warrants bee drawn the one to Mr
Cousseau - to receive, 'tother to Cap* Manning y*" Sherriffe,
to deliver y*" said ffinne according to the Sentence.//
The Matter about W™ Douglas taken into Consideration.'
[17] The Comp'.' from y" Whore-Kill read.
It's Ordered, That a Letter of Thanks bee sent to them
for their Care; And that according to their Desire, & an
Order of the Speciall Court held at New-Castle there bee
an Officer appointed amongst them to keep the Peace &c:
& a Commission sent to that Purpose.// ^
It's Ordered, that in regard y" s"^ Douglas hath behaved
himselfe soe ill at y® Whore=Kill, hee shall bee Continued
> Collateral and Illustrative Documents, No. XI.
= Jacques Cousseau had been a schepen of New Amsterdam and one of the
Dutch commissioners at the surrender in 1664. He was a merchant and
trader; was admitted a free denizen of New York, and was owner of the
' Good Ship y"= ffort Albany of New Yorke," an English built vessel, which
carried passengers and merchandize between New York, Europe and the West
Indies, and of which Nicholas Verbraeck was master. He was also half
owner of the ship " the Charles," which traded, as the records show, between
New York and the Barbados. — Court of Assizes, vol. 2, pp. 456, 461, 582;
General Entries, vol. 4, p. 220. His wife, Magdalin du Tillett, was given a
certificate by Governor Nicolls, July 8, 1667, to transport herself in the ship
" the Orange Tree bound for Hamburgh from thence to take passage for
Rochell," she " having a desire to goe to Rochell in ffrance to visitt her
Relations." — Orders, Warrants, Letters, vol. 2, p. 170. Letters of adminis-
tration on his estate were granted to John Vincent, as administrator, Novem-
ber 13, 1682. An inventory of the estate was made by order of the mayor's
court, January 31, 1682/3. — Collections of N. Y. Hist. Soc, 1892, pp. 67,
121, 123.
8 Collateral and Illustrative Documents, No. XIII. William Douglas, for
great misdemeanors committed at the Whorekill in 1669-1670, was sent to
New York City and placed in irons. Upon his agreement not to return to
the Delaware, he was released and banished into New England. He broke
his agreement, however, and returned to Newcastle, Delaware, where he was
arrested in 1672, and from thence conveyed again to imprisonment in New
York City. He was deported in 1673 to the Barbados, " there to be sold &
Bisposed of, to make Satisfaction towards the Charges hee hath occasioned."
•Collateral and Illustrative Documents, No. XIII.
42 Province of New York [ap^J
in Prison untill farther Order, but that his Irons bee taken
off. However if hee can give Security not to returne to y*^
Whore Kill &c: hee may bee Discharge!.'
Friday Apr: i^.' 1670.
Before y'' Governo.""
Presf
The Governof
M' Delavall
The Secretary.
A Peticon from Abraham ffrost to have a Review^ of y^
Action upon w'^'^ Execucon hath been granted against him
at y'^ Suite of William Osborne, & another of John ffirman.
An Ordr issued forth hereupon, to v^^*^*^ Reference is to bee
had.=
[18] M.*" Nicasius de Sille's & his Wives ' Case, the which
hath been under Consideracon before five persons of this
City nominated by the Mayo', by vertue of an Ordr from
y^ Governor
The Governo.'' & Counsell having perus'd the Result of
y^ Commission?, & fully considered of the Matter, issued
forth an Order thereupon, to the which Reference is to bee
had.// *
' Collateral and Illustrative Documents, No. XIII.
2 Collateral and Illustrative Documents, No. XIV.
' Nicasius de Sille and Catharina or Trijntie Cregiers, Croegers or Crougers,
his second wife, whom he married on May 26, 1655, and from whom he became
separated on account of incompatibility of temper. She survived him, and
her will, dated August 16, 1694, is in the smrogate's office, New York City. — -
Colleclions of N. Y. Hist. Society, 1892, p. 246; Bergen. Early Settlers of
Kings County, p. 96; Records of the Ref. Dutch Church, Marriages. New
York, 1890, p. 19.
« Collateral and Illustrative Documents, No. XV. On this case in the
Mayor's Court see Records of New Amsterdam, vol. 6, pp. 207, 210-21 1,
227-228
[Ap^rlM Executive Council Minutes 43
The Peticon of Nicholas Wright ' concerning his Daughter
& her Husband Eleazer Leveridge.
An Ordr issued forth, to y" w''*' Reference to bee had.-s-^
The Busynesse of Staten Island to bee respited untill the
Indyans according to Order doe appeare about their Title,
w**" is to bee on Wednesday next.'
Present
[19] At y" Fort Apr: 7'^ 1670.
The Governor
M"' Delavall
M'' Mayor
Mf Van Ruijvn *
The Secretary.
The Indyans who p'"tend an Interest in Staten Island ^ by
Appointm.' appear'd before y" GovernoF; They did not come
Yesterday (y" day p'^fixed) being hindred by Windy Weather.
It was askt of y*^ Indyans, how they could make it appeare
that they were y" Owners of Staten Island, the w'^*' at y^ last
Meeting they undertook to doe.
They say there are five Principall Owners, the rest are
only fFriends.
It was demanded what the first Own'l'' Name is, they hav-
ing markt out y^ severall Divisions, beginning at the South.
> Nicholas Wright, of Oyster Bay. His will, dated April lo, 1674, which
does not raention his daughter Rebecca, states that he was then " aged 65
or thereabouts." His wife, Ann, was named executrix, and the will was
proved December 13, 1682. — Collections of N. Y. Hist. Soc, 1892, p. 121.
For the family history see A^. Y . Geneal. and Biog. Record, vol 3, pp. 35-45.
^ Collateral and Illustrative Documents, No. XVI. This case was decided
by the court of assizes in October, 1670, granting a divorce on the ground of
Eleazer Leveridge's impotency.
' Collateral and Illustrative Documents, No. XVII.
• So in the original for Cornells van Ruijven.
' Collateral and Illustrative Documents, No. XVII.
44 Province of New York [ap^A]
They say his name is — Matackos a Boy, hee was at
Staten Island.
The second — Rararamint, hee is in Towne, but hath
Entrusted some here.
The 3*^ Matarus — hee'l come To-morrow.
The 4'.'' Oraoquy, hee is allmost dead, soe cannot come,
hee is of Rock-way, some of his ffriends will bee here To-
morrow.//
The 5*'^ Wewonecameke of Staten Island.
Three of these were named at Staten Island — the other
two not.//
[20] Its askt, if these before-named are y^ Right Pro-
prietors & noe other .'' They say, Yes, & can make it
appeare; The 2 auncient Men who speak for the rest doe
not p''tend to have any Interest in the Island, but are entrusted
for the rest, who they know to bee Proprieto''?
It's demanded of them if they or any of them have heard
of the Names in the Dutch Records of w*^*^ diverse were read
to them. They say some they remember, but they are dead,
soe doe not love to heare of them. It's 40 years agoe since
that Record.'
It was askt, if they then lived upon Staten Island, They
say — Yes; & that these now Clayming are descended from
them.
It was then enquired of them, since those whose Names
were read did 40 yeares agoe sell their Interest, why these
now would sell it againe .? They say they sold but part;
It's told them that it appeares upon Record that all was
sold; They being told that since these now would sell the
' These records are in the office of the Secretary of State, at Albany, among
the land patents and deeds. The patent to Michael Pauw, August lo, 1630,
is in Book GG, p. 6. There are correlated records in New York Colonial
MSS. (deposited in N.'Y. State Library), vol. 9, pp. 622, 625, vol. 11, pp. 53,
54; vol. 12, pp. 61, 69; vol. 13, pp. 42, 96, 144; vol. 14, pp. 30, 43.
Executive Council Minutes 45
Land againe after it had been sold 40 yeares agoe, their
Children 40 yeares hence may doe y" like; They say still
that then only part of it was sold, soe they continued on it,
but now if they shall sell it all, they will goe off & leave it./r
They are told how it is made appeare y" Island hath long
since been bought; However in Consideration of their quiet
Leaving y^ Island a Present shall bee made them somewhat
extra[or]dinary for their Satisfaction.//
[21] They still insist that a part was only sold, & a small
Matter only paid.
All the Old Dutch Records were produced & Examined
into; wherein it was found that the said Staten Island was
sold, & the Consideracon Agreed upon therein menconed,
with all the Indyans Names & Markes who sold it, — of
^.ch Warriner, & Aquepo, & Minqua Sachemacks at
Staten Island are 3. It was in 1657.'
This being prest, they say they'l speake noe more of it,
but lett those that are alive of them who made the Agreem'
come to the Governo'^, & satisfy him about it.
Then they are told that though there was an Agreement
yet nothing of it was paid, for they did not goe off the Island,
but if they will now goe all off. That Agreement shall bee
made good to them.
The Particulars are read. — viz? —
10 — Shirts
30 — paire of Stockings Woollen.
10 — Gunns
10 — Barrs of Lead
30 — pound of powder
' This deed bears date of July lo, 1657. The purchase was annulled, how-
ever, December 22 of that year. — N. Y. Col. MSS., vol. 12, pp. 61, 6g. In
the deed the three Indians are given as Waerhinnis Couwee of Hespatingh;
Acchipoor of Hweghkongh, sachem and chief warrior; and Minquasackingh
of Hackingsack.
46 Province of New York [1^7.%]
30 — Ells of Redd Dozens, w'^'' make 12 Coates
2 — Pieces of DufFells about 36 Coates
30 — Kettles small & Great
50 — Hattchets small & great
25 — Hoes
Some Kniv[es]
Some Awles
[22] They say they'l acquaint y'' rest that are concern'd
with it, & will send to Warriner, Aquepo, & Minqua=
Sachemack to come hither.
At last they promise to bring Aquepo, and Warriner to
the Governo*^ To-Morrow.,4'
Pres?
At y* Fort Apr: g^^ 1670.
The Governor
Mr Delavall
Mf Mayor
Mr Van Ruijven
The Secretar.
The Busynesse was againe had under Consideracon
about y" Indyans Pretences to Staten Island.
The Indyans brought only Aquepo w'.'' them; theysay War-
riner is sick, & besides if hee were well hee would not come,
for that hee hath play'd away all his Interest in Staten Island.
Afterwards came also Minqua Sachemack.//
Aquepo being shewn the Record where his Marke was,
hee presently found it out.
Hee saith farther that y"^ Governo?' then promised y^
severall things mentioned to bee Agreed for the Island, &
sent into Holland for them, but they never were sent.
It's askt if the Gov[er]no?' will now make good [23] that
Agreem*, whether they are content to quitt the Island.
[api.^] Executive Council Minutes 47
Aquepo p''tends, It was Agreed but for a part, but they are
told y*' Record mentions the whole Island, w*^** is more cer-
taine then what hee saith.
They refuse to take what was then Agreed upon.
It's told them, if they will not sell they must Plant in
some Corner of the Island that may bee ffenct in; And if
they shall disturb y^ People, Cattle, or Hoggs that live there,
they shall bee severely punisht.
Some of y" Indyans present lay Clayme to y*' Land by
Harlem, but y^ Records shews it was bought & paid for 44
yeares agoe.'
It being askt what they demand more then was Agreed
formerly;
They desire to know what y" Governor will give for the
Island, It's told them, what was Agreed for formerly, They
still insist that the Agreem' was but for part.
They demand for the whole as followes.
300- — 600 — fFathom of Wamp"
30 — 60 — Match Coates
5 — Coates of Dussens made up
30 — 40 — Kettles
20 — 30 — Gunn[s]
[24] 30 Axes
30 Hoes
30 Shirts
A ffirkin of Powder, judged to bee 50 pound.
60 Barrs of Lead.
50 Knives.
' The reference is to the purchase of Manhattan Island from the Indians in
1626, for the value of sixty guilders, an equivalent of twenty-four American
dollars.
^The figures in this column are those referred to as "in y^ Margent,"
wherein the governor and council sought to reduce the amount asked by the
Indians.
48 Province of New York [ap'7°31
Afternoone.
It's offerd to make an Abatem' as is in y*" Margent.
The Indyans ask more lOO fFathom of Wamp™, lo Kettles
& lo Gunns.
The 100 fFathom of Wamp" is consented to;
The GovernoF offers more to give them 3 halfe ffatts of
Beere, each of them a white six Stivf Loafe, & halfe a Mutch
of Liquor //
Quererom who was Employed to bring the Indyans to-
gether is to have a Blanckett, & a fFathom of DufFells.
Wackeckanoking one of the Speakers is to have a small
Iron Pott in lieu of one hee lost in Towne.
On Wednesday next being the 13'.'' day, they are to come
againe & receive their Pay.
[25] The Persons p'^sent & concerned strooke hands upon
the Bargaine.
To Leave the Island upon receiving the Pay.
Their Names
Aquepo
Minqua-Sachemack.
Wewanecameck
Pemantowes — Aquepo
Quewequeen
Wewanecameck
Mataris
Aquepo in y'^ name of Warriner.
Apr: 13'.*'
The Sachems appeare, but not all, those that appeare for
them absent are written above over against them.'
There appeare 4.
' Collateral and Illustrative Documents, No. XVII. The text is taken
from the original indenture deed owned by the State, formerly in Land
Executive Council Minutes 49
The Payment is made, & Deed of Conveyance signed.
Possession of y'' Island by Turfe & Twigg was given by
y*" Indyans the i"^^' of May following to M"^ Thomas Lovelace
& M*^ Matthias NicoUs Deputed from the Governo'j •
[26] At a Councell held at y*
fFort May y^ h'?' 1670.
Present
The Governo''
M^ Delavall
M^ Willett.
The Secretary.
Mr Mayhews Busyness of Martins Vineyard to bee taken M'' May-
into Consideracon first.// ^ ^^'"'
A Letter from Mr Mayhew produced & read wherein hee
desires to bee resolved in what nature Martins Vineyard &
those parts are as to Government.
The Patent to the Duke includes Martins Vineyard &
those other Isles.^
Papers, vol. i, p. 34, but transferred, in 1908, to the archives of the New
York State Library. Five Indians, on AprU 13th, signed by marks for them-
selves and two of them signed again by marks on behalf of two absentees.
On April 15th, the marks of six Indian children and youths were added,
acknowledged and witnessed. An engrossed copy of the deed, made in 1786,
is in Patents, vol. i, pp. 62-66, in the office of Secretary of State. The dupli-
cate of the original indenture deed, bearing also signatures of Governor
Lovelace, is owned by the New York Historical Society, which acquired it
by gift from Samuel Hazard, of Philadelphia, on December i, 1846. It was
printed in Historical Magazine, vol. 10 (1866), pp. 375-377, and varies from
the State's complementary deed in several particulars.
' Collateral and Illustrative Documents, No. XVII.
2 Thomas Mayhew, the elder. The papers are in Collateral and Illustrative
Documents, No. XVIII.
s The grant to the Duke of York included " all those severall Islands called
or knowne by the names of Martin Vineyards and Nantukes otherwise Nan-
tukett," and all the islands appertaining to them. — Colonial Laws of New
York, vol. I (Albany, 1894), p. i.
[4]
50
Province of New York
r 1670 "I
LHay 14J
Connec-
ticott
Bounds.
Capt
Baker.
It is Ordered, That a Lett^ bee sent to Mr Mayhew, to
desire him according to his Proffer to take a Journey hither,
to consult about those parts, & their Settlem?, & that hee
give Notice, to those of Plymouth Colony, Rhode Island, or
any other that have any p'^tences, or lay Clayme to any of
those Islands, to lett them knov? that vs^ithin the space of
two Months y" Governo'' intends to settle those parts, soe
that they may doe well to come or send some Agent to Act
for them, otherwise after that time all y® Pretences or Claymes
will bee adjudged of noe Validity.//
Mr Mayhew is to bee desired to bring all his Patents [27]
Writings or other Papers relating hereunto with him.
The Dukes Patent wherein Martins Vineyard is included
is shewn to young Mr Mayhew.'
The Busyness about Connecticott Bounds & their New
Settlements neare Hudsons River, taken into Consideracon.^
It is Ordered to bee referr'd untill an Inter View between
the Governo'^% as also that of the Motion of peace between
the Maques & North Indyans,^ w'*" that of y^ Warr between
ffrench & Dutch.
Cap' Bakers Busyness considered of.*
' Matthew, son of Rev. Thomas, and grandson of Thomas Mayhew, the
elder.
- Collateral and Illustrative Documents, No. XIX. See also Bowen.
Boundary Disputes of Conn. Boston, 1882, pt. iv; and bibliography in Bulletin
of New York Public Library, vol. iv, pp. 361, ff.
'The Mahican.
' Collateral and Illustrative Documents, No. XX. The dismissal of Captain
John Baker from his command as deputy governor at Albany was the cul-
mination of a series of disorders which were induced by his querulousness
and arbitrary demeanor, particularly with William Paterson, a merchant of
New York City, but temporarily at Albany. Baker had been put in com-
mand by Governor Nicolls, September 25, 1665, as successor to Captain
John Manning. In August, 1668, joint instructions were issued to him by
Nicolls and Lovelace, for the proper regulation of the militia and other affairs
at Albany, and contained sound advice. The first article read: " Because
t'is in vaine to give Instructions unlesse you observe them punctually; you
are strictly charged and required, to read them over frequently, and not to
[May'°4] Executive Council Minutes 51
It is Ordered, That Cap' Baker bee dismist his MiHtary
Employment, both at Albany, or any other part of the Gov-
ernm* &c:
Cap? Salisbury to bee in his Place.'
The Busyness of Eleazer Leveridge & his reputed wife | Leveradge
Rebeckah taken into Consideracon.^ I ijjs y,^^
follow yo'' owne humo'' but my [our] ord''.^ " He was not to let his " eares
be abused with private Storyes of y<^ Dutch, being disaffected to the English,"
and when he had sufficient testimony against any Dutchman of words or
actions tending to a breach of peace or scandalous in defamation, the offender
was to be delivered over to the commissaries. His fracas with Paterson
happened on July 31, 1669. Paterson sent a written complaint to the gov-
ernor involving a technical charge of burglary as well as assault. The evi-
dence against Baker was overwhelming and he offered to apologize and
admitted his fault, but the Scotch blood of Paterson would not so easily be
assuaged. On October 4, 1669, a special arbitration commission was ap-
pointed by Lovelace, to sit on the case which, figuratively, sat on Baker,
finding him at fault and ordering him to pay to Paterson two hundred guilders,
seawant, as damages, whilst the charges of the commission were to be borne
equally by the litigants (October 6, 1669). Paterson soon disappears from
the scene, but we cannot agree with Mr. Innes that he is the same William
Paterson who founded the Bank of England and was noted for philanthropies.
Baker appears at Esopus, June 19, 1671, interested in obtaining land for
one of his sons, and Lovelace ordered the magistrates " to cause one of y''
best in my Disposall to be laid out at Marbleton for him," promising con-
firmation by patent. In 1673 Baker is found as a petitioner from Elizabeth
Town, New Jersey, in which he had a joint interest, and where he died in
September, 1702. — General Entries, vol. 4, p. 19; Brodhead. Hist, of N. Y.,
vol. 2, pp. 87, 167; N. Y. Col. Docs., vol. 2, p. 571; N. Y. Col. MSS., vol. 22,
p. 10; for his will, etc., see New Jersey Archives, vol. 21, p. 151. The papers
on the case of Paterson vs Baker embrace complaint, answer, depositions,
statements of Gerrit Swart, the Albany schout, correspondence of Albany
commissaries and letters from Lovelace, minutes of court martial, Baker's
apology and bond, appointment of arbitrators and their report, etc., which
are in New York Colonial MSS., vol. 22, pp. 78-94; Court of Assizes, vol. 2,
pp. 200, 418-419, 489; Orders, Warrants, Letters, vol. 2, pp. 514-516; and
perhaps others. A good summary of this case is in Innes. New Amsterdam
and its People, pp. 199-203.
'Captain Sylvester Salisbury. His commission, dated July 13, 1670, is in
N. Y. Col. MSS., vol. 22, p. 104. See Collateral and Illustrative Docu-
ments, No. XIX. For personal data see Talcott. Genealogical Notes of
New York and New England Families, p. 216; Magazine of American His-
tory, vol. 19, pp. 233-244.
2 Collateral and Illustrative Documents, No. XVI.
52 Province of New York [j'X".
It is y" Opinion of Mr Delavall, Mr Willett, & y*" Secretary
that there is sufficient Occasion of a Divorce, & also some
Allowance from the Man to the Woman out of his Estate.//
[28] At y^ Fort July f^ 1670.
Before y'^ Governo''
Pres*
The Governor
M^ Delavall
The Secretary
The Matter under Consideracon is y^ difference between
John Archer for ffordham, & the 3 ffarmes — Betts, Tip-
pett, & Heddy — touching their Meadow.*
Archer claymes 30 Acres as sold him by Doughty, Betts
claymes y^ rest, & y" Swamp. The Swamp lyes under y**
Towne, & cannot bee accompted Meadow, as both M''
For y 1 Jacques Cortelijau & Mr Thomas Rider Surveyo'? doe
Ord-^ vide report; An Order hereupon.^
y'^ Records J
At y^ Fort July 7*.'' 1670.
Before the Governor
Mrs Harri-1 Vpon y^ Complaint of Thomas Hunt Sen^ & Edward
son & West- ^^Vaters ^ on behalfe of y® Towne of West Chester against a
Chesf J
' Collateral and Illustrative Documents, No. III. Archer brought suit at
the assizes, October, 1672, by a special warrant, against Betts, Tippett and
the inhabitants of the three farms near Fordham, as to right of title to the
" Bagg of Swamp or Marsh." The jury found for Archer, and the court
concurred. — Court of Assizes, vol. 2, pp. 289, 296, 301, 308. At the same
session of the assizes, John Heddy was fined five pounds, on a charge of
hog-stealing, of which he could not clear himself to the satisfaction of the
court. — Ibid, pp. 290, 298, 302, 312. Heddy had been appointed one of
two overseers for the town of Fordham, on February 13, 1671/2. — Records
of New Amsterdam, vol. 6, p. 362.
2 Collateral and Illustrative Documents, No. III.
' Edward Waters, constable of the town of Westchester, was one of its
[j'^r?] Executive Council Minutes 53
Woman suspected for a Witch who they desire may not
live in their Towne; The Woman appeares with Cap' Pon-
ton ' to [29] justify her selfe; her Name is Katharine
Harryson.-
Their Peticon, as also another from Jamaica against her
settling there were read.
Shee saith shee hath lived at Wethersfield 19 yeares, &
came from England thither; Shee was in Prison 12
Months.
Shee was tryed for Witchcraft at Hartford in May last,
found guilty by the Jury, but acquitted by the Bench, &
released out of Prison, putting her in minde of her Promise
to remove.
An Ordr that shee remove out of Towne &c :
original patentees. — Bolton. Hist, of the Town of Westchester (1881 edition),
vol. 2, pp. 296, 301.
'Richard Ponton or Panton, of Westchester. On January 23, 1670/1, he
sold to John Hunt, also of Westchester, " my now dwelling House in West-
chester with two Home Lotts lyeing by it, as adjoyning thereunto, with
other appurtenances." — Deeds, vol. 3, pp. 136-137.
2 Collateral and Illustrative Documents, No. XXI. Katherine Harrison,
widow of John Harrison, of Wethersfield, Conn., whose daughter Rebeckah
had been married to Josiah Hunt, son of the above-mentioned Thomas Hunt,
Sr. She lived at Westchester with her son-in-law and daughter, who sued
her for the recovery of property said to have been left to the daughter by
her deceased father, and which it was claimed her mother withheld from her.
Jonathan Gilbert, of Hartford, a cousin of the widow, was one of the execu-
tors of John Harrison's will. — Court of Assizes, vol. 2, pp. 261-266 (October,
1671); Records of New Amsterdam, vol. 6, pp. 302, 306. John and Katherine
Harrison were married on May 4, 1653 and had three daughters, of whom
Rebeckah, born February 10, 1654, was the oldest. — Adams and Stiles.
Hist, of A^icient Wetliers field, Conn., vol. 2, p. 416.
New York had an earlier witchcraft trial at the assizes, on October 2, 1665,
against Ralph Hall and his wife, Mary, both of Brookhaven. They were
accused of causing the death of George Wood and of " an Infant ChUde
of Ann Rogers, widdow of y^ aforesaid George Wood deceased." Hall was
bound over " Body and Goods " as security on a recognizance for his wife's
appearance " at the next Sessions and so on from Sessions to Sessions, as
long as they stay w"^in this Government." — Court of Assizes, vol. 2, pp.
38-42.
54 Province of New York [xitH^]
The Ord^ drawn at large, to w'^'' Reference to bee
had.
The Courts OrdF at Har[t]ford, was as followeth.*
Co':' of Assistants Har[t]ford May 20'.*' 1670.
This Co'i' having considered y'^ Verdict of y*^ Jury respecting
Katharine Harrison cannot concurre with them soe as to
Sentence her to Death, or to a longer Continuance in Re-
straint, but doe dismisse her from her Imprisonm', Shee
paying her just ffees to y'^ Goaler; Willing her to minde y^
performance of her Promise of removing from Weathers-
field, w"^*^ is that, as will lend most to her own Safety & y^
Contentm' of the People who are her Neighbo"-/
Daniell Garrad is allowed for keeping Goodwife Harryson
five pounds.
Extracted out of y*" Records of y^ Court,
p me John Allen Seer.
[30] At the Fort. Aug: 24'.'' 1670.
Pres?
The GovernoF
M'- Delavall
The Secretary
The Mattr to bee considered of is the Complaint of y®
iTowne of West-chester against Katharine Harryson Widdow
suspected of Witch-craft &c:^
They being all appointed to appeare before the Gover-
nour this day;
> On her imprisonment and trial in Connecticut, see Records of Court of
Assistants, vol. i, pp. 1-17; Colonial Records of Conn., vol. 2, pp. 118, 132;
Doc. Hist, of N. Y. (octavo edition), vol. 4, pp. 136-138; Taylor. The Witch-
craft Deltision in Colonial Connecticut. 1647-1697. New York, [igoS], pp.
47-61, 153; Adams and Stiles. Hist, of Ancient Wetlwrsjield, Conn., vol. 1,
pp. 682-684.
' Collateral and Illustrative Documents, No. XXI.
Katherine
Harison.
[<!°2i] Executive Council Minutes 55
There appeared for y" Towne Edward Waters Constable
& John Quinby;
fFor y" Woman Cap' Ponton, Thomas Hunt Sen'', & Jun'','
Roger Townsend,- & one More.^
Cap* Ponton produced a Lett^ from Cap? Talcott * to him
in Justification of the Womans Innocency, & another Letter
from John Allen Secretary of Connecticott Governm?, in
excuse of not sending y® Womans Papers.
Josiah Willard being desired to say what hee knew con-
cerning the Woman, making Relation of what is certifyed by
Mr Allen, hee is one of that Governm' that knew of her
Arraignment, & was spoken to (that hee would bee p'"sent)
by y^ Constable, but hath nothing to say further.
It being taken into Consideracon, It is Ordered that the
Discussion of this Matter bee referrd [31] to y'^ next Geri'^-'
Court of Assizes; In y'^ meane time that shee give Security
for her good Behavio"', during the time of her Abode amongst
them at West-Chester.// ^
' Thomas Hunt, Jr. was an ensign of the foot company of the town of
Westchester, but was succeeded by Joseph Palmer, June 27, 1672, or a few
days after Hunt had been served with a warrant to appear at the court of
sessions, held in Jamaica, to answer to a presentment in which he was charged
with hog-stealing. He was found guilty at the sessions, and was bound over
to the court of assizes of October, 1672, where he was fined " sixty pounds,
or receive the Corporall punishm* of Thirty nine Stripes at the Common
Whipping Post before the State House in this City [New York] before the
breaking up of this Cof*-," to pay the costs and provide security for his good
behavior. — General Entries, vol. 4, pp. 141, 147; Court of Assizes, vol. 2,
pp. 290, 298, 311.
' For land patent of Roger Townsend at Westchester, see Court of Assizes,
vol. 2, p. 528, and for deeds recorded for him, in 1672, see Deeds, vol. 4, pp.
72-74. His will, dated May 7, 1674, mentions his wife, Mary. She was
soon married to Captain Richard Osborne, who was appointed administrator
of Townsend's estate. — Collections of N. Y. Hist. Society, 1892, pp. 28, 38.
'The meaning here seems to be that one more, besides those named,
appeared for Mrs. Harrison.
'Captain John Talcott, of Hartford, and treasurer of the colony of Con-
necticut. — Talcott Pedigree in England and America, pp. 32-33.
» Collateral and Illustrative Documents, No. XXI.
56
Province of New York
Present
At a Councell held y^ 22*
day of Octob: 1670.
Albany j
Schout. 1
Maritien
Danien
Cap: Salis-
bury's
Letf
about trad-
ing w''^
Cattle for
Beaver.
The Governor ^
Mr Mayo' ■ ^
Mr Steenwijck i
The Secretary. J
The Matt''.^ under Consideracon. ffirst about y" Schout at
Albany.^ i. That y! p'^sent Schout doe continue untill Mr
Mayo"? goeing up, when hee may make Enquiry of a person
that may bee most acceptable to y^ Magistrates of y^ Towne
to bee in that Employment, Vpon whose Recommendacon
that Person may bee confirmed in the Place.//
2. The next about Maritien Damens ^ & Jan Clutes
Exchange of the 6. Margen.
That what was Ordered by y'' Governo'' & Councell at
their being there this Summer doe stand good.^
3. As to Cap? Salisburyes Letter about the New [32]
England Mens Trading at Albany w'.*" Horses and Cattle
for Beaver.
> Thomas Delavall, who had been commissioned mayor of New York City,
on October g, 1670. — Court of Assizes, vol. 2, p. 59S.
^Gerrit Swart was then sheriff of Albany, and had been till 1665 schout of
the colony of Rensselaerswyck. — See O'Callaghan. Hist, of New Netherland,
vol. 2, p. 564; Van Rensselaer Bowier Manuscripts, pp. 844-845.
3 Maritie Damen was first married to Dirck van Eps, and after his death
became the wife of Hendrick Andriese van Doesburgh, who died about 1663.
In 1664 she was married again, to the widower, Comelis Hendrickse van Nes.
She received a patent, on May 8, 1668, for land at Canastagione, apparently
that part of the present town of Clifton Park, Saratoga County, lying east
of Stony Creek and abutting on the Mohawk River, opposite " Great (now
Shakers) Island." She also o^vned a house and lot in Albany. — Pearson.
First Settlers of Albany, pp. 37, 128; ibid. First Settlers of Schenectady, p. 221 ;
ibid. Hist, of Sclienectady Patent, pp. 105, 185. For van Nes see also Van
Rensselaer Bowier Manuscripts, p. 824. The patent of May 8, 1668, is in
Patents, vol. 3, pp. 26-27, office of Secretary of State.
•Collateral and Illustrative Documents, No. XXII.
Executive Council Minutes 57
That an Ordr & Proclamacon' bee made to Prohibitt
the Importacon of Cattle, Horses, or Goods from any other
Government to that Place over Land, or of Exportacon of
Beaver or Peltry from thence that way, without particular
Order from the Governor under the penalty of forfeiture &c:
untill his Royall Highness Pleasure shall bee further known
herein.
4. In Answef to ffather Pierron ^ Lettr; To recommend Father
it to Cap? Salisbury & the Commissaryes to bee very watch- r^^y
full over his Actions, & to give Acco' thereof upon all
Occasions.
<. About fortifying of the Towne and fFort, That they bee Fortifying
putt in mmde 01 their promise & Engagem. thereupon to Albany
y^ Governor
6. About y*" peace between y" Maques and Mahicanders. Maques &
To leave this in suspence untill y*^ Certainty of Governor ^^^^
Winthrops Voyage for England bee knowne, & the Returne A peace.
of M' Mayo' from Albany.^
7. About Bridge Money for Horses &c: * Bridg
Money.
1 The full text of the order and proclamation has not been found after
prolonged search.
2 Father Jean Pierron, S. J., who says he " arrived from Europe on the
27th June, 1667."— Sainsbury. Calendar of State Papers, America and West
Indies, 1661 — 1668, p. 496. His correspondence with Lovelace began in 1668.
Lovelace, in a letter to Thomas Delavall, July 6, 167 1, referred to one of
Pierron's letters as " a French Rant." On the correspondence between the
Jesuit and the governor, see Thwaites. Jesuit Relations and allied Documents,
vol. 52, pp. 12, 139-141, 262; and vol. 67, pp. 41-43, 47, 333; Brodhead.
Hist, of N. Y., vol. 2, p. 146; N. Y. Colonial Docs., vol. g, p. 883. For
sketch of Pierron see Thwaites. Jesuit Relations, vol. 50, p. 323; vol. 71, p. 150.
2 For earlier documents see Collateral and Illustrative Documents, No. XIX.
* On September 20, 1671, Ralph Warner was appointed " to take Cog-
nizance of all Horses or Mares that shall come to y^ ferry or parts adjacent
to be Transported out of this Governm*-, And that you Record the Attestacons
from whence they come, together w*'' their Markes & Colours, and receive
y^ Sallary allowed for y^ same." The court of assizes of 1669 had ordered
that a person should be appointed for this purpose and to prevent abuses. —
General Entries, vol. 4, p. 35.
58
Province of New York
r 1670 "I
Loct. 22J
Stealing
Canooes.
Eleaz""
Leveradge
his Mar-
riage null.
Whore kill
Customes.
An Ord' thereupon, to y^ w'^^ to referr. vide y^ Records.
[33] ^- About Stealing of Canooes &c:
The having a Watch kept to pVent Disord"? by Night to
bee left to farther Consideration; but for the present, That
the SherrifFe of y^ City doe take an Exact List of y'' Inhabi-
tants & Burgers in each Street of the Towne," & make
Returne thereof to the Governo?' &c:
As to y^ Penalty for Stealing Canooes &c: That the Per-
sons who shall bee found guilty shall bee lyable to a ffine &
Imprisonment or Corporall Punishment according to the
Demeritts of the ffact.^ ^
9. Nullity of Marriage between Eleazer Leveridge &
Rebeckah his Wife.
And Ord' issued forth accordingly.-? ) vide y''
j Records.'
10. The Abollishm? of Customes at y" Whore=Kill to bee
Ordered; & a Lett?' written to the Inhabitants in AnswF
to their Peticon.
An Ord"^ & Lettr drawn up accordingly, whereunto to
be referr'd.;? vide y^ Records.*
1 This is an interesting fact in the history of the census of New York City,
although the list seems not to be in existence. Lists of the residents in 1665
are in Valentine's Manual, 1849, pp. 356-359, and ibid, 1861, pp. 613-621.
Another list of 1674 is in ibid, 1866, pp. 805-809. For later censuses see
Doc. Hist, of N. Y., vol. i (octavo edition), pp. 6S7-697.
2 Collateral and Illustrative Documents, No. XXIII. The punishment
accorded by the court of assizes, October, 1672, for stealing of hogs, boats
or canoes was severe. It involved a fine, corporal punishment or even having
an ear cut off. — • iV. Y. Colonial MSS., vol. 22, p. 142 (Article 8). See also
Records of New Amsterdam, vol. 6, p. 359 (February 13, 1671/2).
3 Collateral and Illustrative Documents, No. XVI.
* Collateral and Illustrative Documents, No. XXIV.
Present
Executive Council Minutes 59
[34] At a Councell held in y® fFort
DecemB: i^.' 1670.
The Governor ^
M' Mayor I
M'' Steenwijck f
The Secretary J
M'' Smiths Peticon taken into Consideracon about the Mr Smith.
Bounds of Nesaquake River/ Mr Smiths Clayme being f^^°"' ,
' JO Nesaquake
1 Collateral and Illustrative Documents, No. XXV. On accotmt of the Boimds.
involved nature and prolonged litigation of the case of Richard Smith against
the town of Huntington, as to title to the Nesaquake or Nissequogue lands,
we have included also the records of the case at the various sessions of the
court of assizes.
Richard Smith, the patentee of Smithtown, L. I., was known as the " Bull
rider " and is the ancestor of the family of " Bull Smiths." He was a son
of Richard Smith, a native of Gloucestershire, England, and a pioneer of
New England at Taunton, Mass., in Rhode Island and later on Long Island
and in New Amsterdam. Richard, the son, was at Southampton, L. I., as
early as October, 1643; was chosen a freeman of that town on October 7,
1648; became constable on October 7, 1650, and held other offices there.
He was banished by the general court in September, 1656, for " vnreuerend
carriage towards the Magistrates," or contempt of court, and removed to
Setauket or Brookhaven. For a time he had charge of his father's property
in New Amsterdam, which was disposed of in 1662. Becoming ambitious
to hold extensive lands on his own account, he purchased from an Indian
sachem, named Nassekege, land on the east side of the Nissequogue River,
and made an agreement to purchase from Lion Gardiner another tract on
the west side of that river, adjoining Huntington and claimed by that town.
It was this last named transaction which precipitated the protracted con-
troversy with Huntington. He died on March 7, 1692/3, and was svurvived
by his widow, Sarah Folger, of Boston, who died in 1708. They had seven
sons and two daughters from whom a large progeny is descended. For
personalia see Pelletreau. Wills oftlie Smith Families, p. 14 (note); Pelletreau.
Records of the Town of Smithtown (1898), pp. vii-x, 464, 490; Huntington
Town Records, vol. i (1887), p. 170 (note); Innes. New Amsterdam and its
People (1902), pp. 218-222; Montgomery. Smith Family of New York (1879).
For the land controversy see also Huntington Town Records, vol. i, pp. 7
(note), 92-96, 169-170, 176-177, 179-1S0, 193-200, 209-214; Records of East-
Hampton, vol. I, p. 336; Pelletreau. Records of the Town of Smithtown, pp.
1-38; Brookhaven Town Records, vol. i, pp. 22, 46-48.
6o Province of New York [i^^°A
heard as to y" Bounds of Nesaquake Lands, shee [sic]
declared it to bee as farr as the fresh Pond on the West side
of the River, & soe to the Hollow.
It is Ordered, That the Bounds of Nesaquake Land as
sett forth by Mr Smith, being to the Westermost side of the
ffresh Pond bee sent to Huntington for them to returne in
Answer what they have to say to the contrary.
To recommend a Composure.
Mr Smith engages to settle lo ffamilyes if they have the
Land to the ffresh Pond.//
Maques & About the Peace between y® Maques & Mahicand'^''
Mahicandr^ Ordered that a Letter of what hath past at Albany &
Schanechtide with a Translation of y^ Proposicons made by
the Indyans there bee sent to Governor Winthrop, with a
Desire of his Answer upon it.'
The Heer Mijn Heer Johannes de Deckers Petition to his Royall
Decker Highness vs Reference thereupon being [35] considered of,
concerning ten Negroes hee layes Claime to & his Sallary
due from y^ West Indya Company,- It is Ordered, That
Thursday y^ 8"^ of this instant Month bee the time appointed
to heare Mr Deckers p''tences in Order to the Petition and
Reference of his Royall Highnesse afore-mentioned; To
' For earlier documents see Collateral and Illustrative Documents, No. XIX.
' Collateral and Illustrative Documents, No. XXVI. De Decker said in
his petition that he had left ten negroes " in custody of one Resolved Waldron
to dyet and keepe them for your petitioner," but were seized by Thomas
Delavall " as negroes belonging to the Dutch Company, but indeed were
not so." — Collections of N. Y. Hist. Society, 1892, pp. 82-S3. These negroes
were part of a consignment of slaves brought over by the slave ship " Gideon "
to New Amsterdam, in August, 1664, just prior to the surrender of the city.
De Decker claimed protection under article 3 of the articles of surrender.
He had been a member of the council of the Dutch West India Company at
New Amsterdam, and was one of the Dutch commissioners who signed the
articles of capitulation to the English in August, 1664. He was banished
from New York, on September 30, 1664, to leave within ten days, for trading
with powder and negroes up the Hudson River as far as Albany, without
having obtained first a certificate from Governor NicoUs, and because " hee
[d«!°i] Executive Council Minutes 6i
which end a Summons is to bee sent to him to appeare that
day in the fFort by two a Clock Afternoone, to make good y*"
p''tences & Claymes mentioned in his Peticon.
That the MayoT & Aldermen have Notice to Attend the
Governo?' at the same time & place, & all Witnesses then to
appeare likewise.
Mijn Heer Stuijvesant ■)
M^ Van Ruijven, V To have Notice.
Resolved Waldron. )
The Mayor & Aldermen to bee as Assistants to the
Governor & Councell.
Mr Deckers p'"tences for Land at Staten Isl'' to bee left to
farther Consideration.'
Philip Pieters^ Bill of Sale for Land there, The Title is[™Iip
judg'd soe obsolete and old, that his p^'tence thereupon is j about L;ind
void; Jacob Melijen ^ from whom hee derives his Title, on Staten
having sold all hee claymed there unto the West Indya '■
Company, reserving only a ffarme.^
did endeavoT by discourses to alienate the mindes of his Ma'^^ Dutch sub-
jects from that happy reconcilement without bloudshed," and for other
alleged causes. He received a pass, accordingly, on October 5, to go with
eight negro servants and his necessaries " to the french plantations of Mar-
tinica, Gardeloupa or St Christophells " and thence to Holland. After the
treaty of Breda, the Duke of York referred De Decker to Lovelace for the
redress of his grievances, and it is this inquiry by Lovelace that appears in
the council minutes. De Decker received from Lovelace, as a peace-offering,
a tract of land on Staten Island. His name is yet perpetuated in Decker-
town, Sussex County, N. J. — Innes. New Amsterdam and its People, pp.
42-43; General Entries, vol. i, pp. 23, 39, 149; Brodhead. Hist, of N. Y.,
vol. I, pp. 599, 625, 741, 742, 743-744, 763; vol. 2, pp. 35, 46, 182-183.
' Collateral and Illustrative Documents, No. XXVI.
2 This refers to Philip Pietersen Schuyler, often called Philip Pieters, for
short. He was of Albany and was also interested in the settlement of the
new villages at Esopus, in November, 1668. — Orders, Warrants, Letters, vol. 2,
p. 280; N. Y. Colonial MSS., vol. 10, p. 113. See for personal data Munsell.
Schuyler Family (1874); Van Rensselaer Boivier Manuscripts, pp. 841-842;
Schuyler. Colonial New York, vol. i, pp. 99-186.
3 Son of Comelis and Jannetje Melyn.
•Collateral and Illustrative Documents, No. XXVII.
Isl<?
62
Province of New York
M"' Sharpe
about
Domines
Hook.
Seatalcot.
for En-
largemt
There appearing noe Transport of the Land nor Record
thereof, hee hath his Remedy only against Melijen, for
what hee hath disburst./?
I [36] In the Busyness of Mr Sharpe ' about Domine's
J Hooker That M^ Van Brugh ^ & M'' Bayard,* & also M?
] Sharpe doe Attend the Governo' & Councell To-morrow
by ten a Clock in the Morning, when both Partyes shall bee
heard.
^1 Seatalcott Busyness for Enlargement.*
I 'John Sharpe, of New York City, who had come over with Governor
Nicolls from England, in 1664, having resided in London " at the Signe of
the Ramme in ffleete Streete." He was commissioned a public notary by
Governors Nicolls and Lovelace. — Orders, Warrants, Letters, vol. 2, pp. 23,
197, 237; Court of Assizes, vol. 2, p. 573. See also Collections of N. Y. Hist.
Society, 1892, p. 166; Bergen. Kings County Settlers, p. 260.
2 Situated up the East River, at the mouth of Mespath Kill (now Newtown
Creek), and consisting of one hundred and thirty acres of upland and meadow,
being the section of late called Hunter's Point. — limes. New Amsterdam
and its People, p. 16. This tract of land had been given to Dominie Everardus
Bogardus and was named from him. He had married Anneke Jans, widow
of Roelof Jans, and after her death Dominie's Hook was sold at auction, on
behalf of her heirs, to John Sharpe for 7950 florin. — Records of New Amster-
dam, vol. 6, pp. 232-233.
' Captain Johannes Peterse van Brugh (or Verbrugge) married Catrina
(or Triintje) Roelofse, daughter of Roelof and Anneke Jans, on March 29,
1658, and in this way he became interested in Domine's Hook. He was one
of the first group of aldermen of New York City, appointed under the new
form of government, June 12, 1665, and was an alderman at the time of the
above transaction. Lovelace also appointed him one of the " Wees-Masf^
or Guardians of Widdowes and Orphans Estates," in 1671. He died in
1699. — General Entries, vol. i, p. 121 ; vol. 4, pp. S, 53; A^. Y. Colonial MSS.,
vol. 22, p. 119; Collections of N. Y. Hist. Society, 1892, pp. 89, 93; Stouten-
burgh. Oyster Bay, pp. 691-692.
< Nicholas Bayard, surveyor of the customs ia New York, who had been
granted letters of denization, October 12, 1668. — Orders, Warrants, Letters,
vol. 2, p. 298; N. Y. Colonial Manuscripts, vol. 22, p. 53; Court of Assizes,
vol. 2, p. 605. As vendue master he had sold Dominie's Hook, on February
10, 1670, to John Sharpe. — Records of New Amsterdam, vol. 6, pp. 232-233.
For an account of Nicholas Bayard and the Bayards of New York, see ( Van
Rensselaer, Sarah]. Ancestral Sketches and Records of Olden Times. New
York, 1882, pp. 35, ff., 65, fl.; also Proceedings of Huguenot Society of America,
vol. 2, pp. 27-57.
' Collateral and Illustrative Documents, No. XXVIIL
Executive Council Minutes 63
That the whole Towne have Liberty to purchase of the
Indyans what is within their Patent, but not to debarr any
that can pay their Proportion, or have Stocks; The Names
of those that make Purchase to bee return'd to the
Governor, i?
The House in Pearle-Street being forfeited in the last The House
Dutch Warre, is Ordered to bee sold.// ' ^ y^Peade
Street con-
fiscate.
[37] At a Councell in y'' ffort &c :
Decemb. 5'.*" 1670.
Present
The Governo?'
M' Mayo'
M'' Steenwijck
The Secretaf
The Matter under Consideracon was a Petition from y^ jjr sharpe
Heyres of Anna Bogardus ^ about the Sale of Domine's & y^
Hooke at an Outcry, to M' Sharpe. ^^^ °^
Their Petition read, to which Mr Sharps Answer was Bogardus.
demanded.
Hee relates what reasons hee had given formerly to Mr
Mayo"^ Steenwijck,^ the which were his being in Drinke,
■ The reference is undoubtedly to the tobacco warehouse, managed by
Augustine Herrman for Peter Gabry and Sons, of Amsterdam, which adjoined
the " pack-huys " of the West India Company. Both houses were confis-
cated in 1664, at the time of the surrender of New Amsterdam. Later the
tobacco warehouse was occupied by Captain William Dyre, collector of the
port of New York. — Irmes. New Amsterdam and its People, pp. 52-53,
54-55-
' Anneke Jans, late widow of Rev. Everardus Bogardus. For her will see
Collections of N. Y. Hist. Society, 1895, pp. 487-489.
' Cornells Steenwijck or Steenwyck was commissioned mayor of New York
City by Governor Nicolls, on August 14, 1668, succeeding Thomas Willett's
second term, and was continued by Governor Lovelace, on August 14, 1669,
to hold over imtil commissioned anew, on October 9, 1669, until August 14,
1670, and again from then until October 9, 1670, when he was succeeded by
64 Province of New York [d«!°s]
& without Reason, & severall Incumbrances upon the
Estate.//'
Mr Bayard ^ as Vendue Mastr, & Cap? Van Brugh w''^
W" Bogardus ^ appeare for themselves & the rest of the
Heyres.
Mr Sharpe for himselfe.
Hee alledges the Venditie to bee annihilated by their
Disposall of, or Sale of the Hay to severall Persons.
It's referr'd on botli parts to bee dicided \sic\ by the
Governor & Councell.
Thomas Ddavall, who had already served a term as mayor, from Jime 12,
1666, until July 24, 1667. Steenwijck at once became an alderman. Love-
lace made him a member of his council, on November 22, 1670 (commission
delivered 26th). On July ig, 1671, Lovelace was obliged to go to Albany,
being called there by " Publique Affaires of y"^ Nation," and appointed
Steenwijck " to take y^ managery of such Affaires as shall happen here within
y'^ City of New Yorke or places adjacent, and then to heare & determine as
you in yo'' best wisdome shall conceive requisite." He was enjoined from
meddling with the garrison, which was under Captain Manning's charge. In
city affairs he was to advise with the aldermen. Steenmjck was confirmed,
on July 19, 1671, as one of the " Wees-Masf^ or Guardians of Widdowes and
Orphans Estates." After his death his widow, Margareta de Riemer or
Reimers, was married to Rev. Henricus Selyns. — Court of Assizes, vol. 2,
pp. 409, 420, 421, 429, 571, 598, 619; Orders, Warrants, Letters, vol. 2, pp.
75, 161, 227; General Entries, vol. 4, pp. 8, 10; TV. Y. Colonial Manuscripts,
vol. 22, p. 119; New Amsterdam Records, vol. 6, pp. 315-316; Collections of
N. Y. Hist. Society, 1892, pp. 168, 211; ibid, 1893, pp. 414-415, 444-445.
There is a sketch of him in Valentine's Manual, 1864, pp. 648, S".
' At the mayor's court, April 12, 1670, Sharpe replied to the complaint and
said that " if the owTiers can deliver him a good Title to the s^ Land, it may
be that their monney shal be reddy." — Records of New Amsterdam, vol. 6,
p. 232.
' Nicholas Bayard.
' William Bogardus, son of Rev. Everardus and Anneke (Jans) Bogardus.
On June 18, 1668, Governor Nicolls commissioned him a " Dutch Public
Notary " of New York City " for the Conveniency & Good of the Dutch
Inhabitants of this Citty & Govemm^ as well as for Strangers of that Nation
who may arrive here." Governor Lovelace reappointed him, on September
10, 1668. Bogardus divorced his wife, Weijntie Cebrantz or Sibrants, for
adultery, April 5, i66g, and on May 13th of that year was licensed to marry
Walburga de Sille, " the widow of ffrancis Cregier deceased." — Orders, War-
rants, Letters, vol. 2, pp. 211, 246, 369, 379, 408.
Opposite p. 65.
ARTYKELEN,
J^^n 't overg/ien van
NIEUW-NEDERLANDT.
Op den 17 Auguftij, OudeStij!, Anno 1664.
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XXII
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d Decker. RobbcrtCarr.
Verier. Georec Carrv/righc.
Sam Mcg^jolcnfis John Wmchrop.
Cornells Scecnwi|ck, Sam WiUes.
p. StcTcnfi. Cortbnt. TKo Clarcks.
Jacquc CouicaiL JohnPhinchon
Ick (Ik dcfb AnijLcIcn loc
ARTICLES OF THE SURRENDER OF NEW NETHERLAND.
A Dutch Broadside, probably issued in Holland as a Poster
(Reduced from the Original in the New York Public Library.)
[DecJ2i] Executive Council Minutes 65
Vpon mature Consideracon had hereupon, Mr Sharp
having confest his Error, It was [38] Ordered, That hee pay
back to M"" Nicholas Bayard all the Pluck-Money deliverd
out at the Sale, & also the Charges then expended in the
House, together with 200 guild" Dairiage towards the loss
susteyned by y^ Persons who expos'd the Land to Sale, who
have hereby Liberty to doe what they think good therein
for their best Advantage, either by a new Vendue or
otherwise.//
The Pluck Money to bee p'? in one Month, & the 200
guild''.^ in 2 m? after Date hereof//
At y" fFort. before y'^ Governo'
& Councell, & Mayo?' & Aldermen.
Decem: 21. 1670.
The Matter under Consideracon is y" Reference from his
R. H? upon y® Peticon of Johannes De Decker."
The Petition & Reference read, w'^ y" 3'^ Article of Sur-
render mentioned by him.^
M?' Decker is desired to make appeare the Allegations in
his Petition, about ten Negroes which hee claymes.
[39] Mijn Heer Stuijvesant ' declares that hee and M""
Decker had Discourse of his having twenty Negroes, & to
bee accomptable to the W: India Company for the Produce,
but knowes not of their Delivery.
Resolved Waldron * acknowledges to have receiv'd severall
' Collateral and Illustrative Documents, No. XXVI.
^The third article of surrender, of August 27, 1664, was as follows: " All
People shall still continue free Denizens and enjoy their Lands, Houses,
Goods, Shipps, wheresoever they are within this Country, and dispose of
them as they please." — General Entries, vol. i, p. 231
» Petrus Stuyvesant, the former Director-General of New Netherland.
* Waldron resided in New Harlem. For a sketch of him and a list of his
descendants see Riker. Revised History of Harlem (1904), pp. 691-778.
[5]
66 Province of New York [Dec7%]
Negroes of M^ Decker, but the Number bee knowes not,
only that bee took ten w"^ bim up to Albany.//
Hee urges Negroes to bee tbe Generall ,Name of Men &
Women, & cannot tell bow many hee bad of tbe one or
other Sex.//
It's alleged that one Man Negroe was double tbe price
of a Woman.
It's to bee taken into Consideracon, In y" meane time hee
is dismist.
It being putt to the Vote, after a full Hearing and Debate,
It was Agreed upon (nemine contradicente) That the
Negroes seiz'd upon by Mr Mayo'',' by y^ Governo'^^^ Order,^
were taken as belonging to tbe West India Company, & noe
way as the Effects of M'' De Decker; It noe way appearing
that bee bad possession of above ten of tbe 20 Negroes hee
layes Clayme to.
Tbe Order hereupon is drawn up, & Entred at large in
y^ 3!^ Booke of Entryes (of Dayly Orders) Pag: 287. — to
w'''' to referr.^
[40] At a Councell held in y^ fFort
Decemfe: 29*^ 1670.
Beforenoone.
Presf
The Governo?'
Mr Mayor
M*^ Steenwijck
Tbe Seer.
'These negroes were seized by Captain Thomas Delavall, during his first
mayoralty, from June 12, 1666, until July 24, 1667. — Collections of N. Y.
Hist. Society, 1892, pp. 82-83.
2 An order of Governor Nicolls is meant. For an order of NicoUs, October
26, 1664, concerning negroes of the West India Company, see General Entries,
vol. I, p. 54. Concerning " free negroes " in New York, see Orders, Warrants,
Letters, vol. 2, p. 222.
' Collateral and Illustrative Documents, No. XXVI.
[vlc!°2g] Executive Council Minutes 67
Matters under Consideracon.
About M.- Deckers p'^tences for Land upon Staten Island,
for w''*' hee hath a Ground briefe.'
It is consented unto, that hee shall have the Benefitt
thereof, Provided that it bee noe p'judice to the Towne
already settled, w'^'' if it shall soe happen to bee, then hee
shall have y" like quantity laid out in some other Place by y®
Governo"^,- hee being obliged to settle the same in one yeares
Time.
That in regard of y"" paines & trouble the s? M"" Decker
hath taken in coming out of Europe hither, the Governor
is willing to gratify him herein, although in strictness his
Right is Elapsed.
About Mr Mulfords ^ Letter concerning y" Confirmacon
of the Indyans Deed of Sale [41] & the Sachem Elected by
them. It is Ordered That a Commission of Confirmacon
bee sent to y*" Sachem, and two Constables Staves fitted
for them according to the Request; * And y'^ Deed of Sale
confirmed."
That a Lettr bee written to Southampton to restrayne the
selling of Strong Liquor to the Indyans, and that the Penaltyes
in the Lawes bee putt in Execution."
In answer to that part of M"' Mulfords & Mr James's
Letter about Confirmation of their Deed from the Governor;
It is Ordered that a Lett!^ bee sent to y** Com'"^ for y" Indyan
Affaires, who are to examine into the Equity of the Busy-
nesse, & to make Report thereof unto the Governo."' ^
' Collateral and Illustrative Documents, No. XXVI.
2 Lovelace.
' John Mulford, of East Hampton, L. I.
* Collateral and Illustrative Documents, No. XXIX.
' md.
•Ibid.
Ubid.
68 Province of New York [jliJ\x]
Afternoone
Jn° Coopers Peticon taken into Consideracon about the
Indyans Assisting in Whaling &c: *
The Ordr of y'^ Comn" to bee confirmed & obsei^ved.
His Proposall of Compounding for y" Customes for
what Goods that are Customable shall come to his
hands.
That for y^ present, it is not found practicable soe y^
Consideracon thereof is to bee respited to another
time.
[42] The Papers deliver'd in Co'^^' of Sessions from the
Townes of fflushing, Hempstead, & Jamaica taken into
Consideracon.^
The Opinion of y' Justices of y" Peace hereupon, to bee
drawn up by To-morrow Morning, & an Order from y"
Governor & Councell concerning the same.//
Pres*
At a Councell held in y" fFort
Jan''." 11'.'' 1670.
The Governo?'.
Mr Mayor
Mr Steenwijck
The Secretar.
• Collateral and Illustrative Documents, No. XXIX.
' Collateral and Illustrative Documents, No. XXX. The genera] court of
assizes, of October, 1670, had promulgated the following order: " Whereas
y^ Works & Pallisadoes about the fforte in this City are very much fallen to
decay, & it is found requisite & necessary for y^ safety of the place & Governm*
that some Reparations shall be made thereupon in the Spring, It is ordered
that a Contribution or Levy be raisd towards the effecting thereof in each
of the Rideings upon Long Island; & the Justices of the peace at y'^ next
Court of Sessions are to consider both of the proportion & manner of rateing
it, whereof they are to make Report to the Govemour." — A'^. Y. Colonial
MSS., vol. 22, p. 107.
[jan.^'i:] Executivc Council Minutes 69
The Mattr between Rich*? Smith & Huntington, Twofisaack
Persons coming from Huntington about their Bills of Charges j ^^°^*- *
first considered of, declaring not to have received the Copies ^
of the Orders sent them.
The Ord" made hereupon were read. To bee con-
sidered of.'
[43] The Inferiour Offic"? & Souldyers Peticon for Lands
at Staten Island.^
The first Condicons read, w'*" y'^ Petition of 10 or 11, who
had a Reference upon their Peticon from Cott: Nicolls.//
Two Peticons to y*^ Governor now present read.
Those that are capable to settle, to consider amongst
themselves how many of them are soe, & to propose how they
will proceed to manure the Land they expect.
The Surveyor to bee consulted w'.*^
Seatalcott Busynesse, M' Lane ^ appeares for them.
Its desired to have Liberty to Purchase for 1 1 of them
at y^ South, for y^ Convenience of the Whale-fishing, &
for y^ Meadow.*
M"" Lane makes Proposall for to have Liberty for himselfe
& Mr Woodhull to purchase & settle two fi^armes at the
Wading Place.^
• Collateral and Illustrative Documents, No. XXV.
2 Collateral and Illustrative Documents, No. XXXI.
' Daniel Lane.
' Collateral and Illustrative Documents, No. XXVIII.
' Collateral and Illustrative Documents, No. XXVIII. At a town meeting,
November ly, 1671, it was voted " that there shall be a Village at the Wade-
ing River, or there abouts, of Eight famelies or Eight men, to have accom-
modations as the place will afford, it was granted and agreed upon by a vote,
that Daniel Lane, Jun'', shall have a Lotment at the Wadeing River, con-
venient to the water for his calling." — Brookhaven Town Records, vol. i,
p. 29. On November 23, 1675, the town voted and gave to Richard Wood-
hull "a farm at the Waeding [sic] River, that is to say, tenn akers of upland,
where is most convenient to sett a house of, and threescore and tenn akerS
mor of upland, where the said mr. Richard wodhuU shall chuse it," etc. This
gift was in consideration of an assignment of Indian land through Woodhull
to the town. — Ibid, pp. 44-46.
70 Province of New York Ueb/^J
To the first Proposall, That it bee granted that they have
Liberty to purchase of the Indyans, after which they shall
have soe many Acres as is desired, for an Encouragem' of
Planting, & the Whale-ffishing; Soe that it doe not debarr
the Towne from Commonage nor the Meadow each Lott
hath [44] at the South.
To y® 2? That they bee Gratifyed therein for their own
Accomodacon, & for the Reliefe of Strangers passing that
way, they paying for it, & keeping an Ordinary.
A Copie of Huntingtons Bill of Charges against Smith to
bee sent to Mr Wells, & hee to returne Answer what is
usuall to bee allowed upon such Occasions.'
Present
At a Councell &c: Fort James.
ffeh'y 24'.*^ 1670.
The Governor
M"^ Mayor
M"^ Steenwijck
The Secretary.
The first Busynesse under Consideracon was the Indyans
about Wijckerscreeke.// ^
The Indyans desire that y^ Governor would bee well
satisfyed, who are the reall Proprieto'? of Wijckerscreeke
before hee buyes the Land; They say they are the Men, &
will bee ready to sell the Land to the Governor
' Collateral and Illustrative Documents, No. XXV.
^ A corruption for an Indian place-name of which there are many orthog-
raphies, but preferably Wickquaskeck or Weckquaeskeck. It was the name
applied to the territorial jurisdiction of a dan of Indians in Westchester
County, whose principal village was on the headwaters or tributaries of
Armonck or Byram's River. — Ruttenber. Indian Geographical Names, pp.
24-25, in " Proceedings " of New York State Hist. Association, vol. 6; Beau-
champ. Aboriginal Place Names of New York. Albany, 1907, p. 256.
(pebJLj Executive Council Minutes 71
[45] The Names of y" Proprieto'? as they say, are —
p''esent. — Ramaque — Janorockets Bro: by y^ Moth" side.*
Pewachtan Cakensickten
Nondiackwhare Pemeckenwerecak
Careckonde Nemandamyn
Coharnes Perawescamen
Kewechtahem Shapham
Pethung Quinonckak
Macmawito Ermachorne
Amanequun Peppham
10. Sackapreme. Mawohondt
Tomeackak
Tawotene
Nanaquene
13. Chusquchaw '
N: Bene. Taponque an Indyan pres' saith hee hath
Land between Neperan ^ & Wickerscreeke.
They are to consult about y" price they demand altogether;
It's in the Paper N° i.
The second to bee granted if consented unto by the major part j . _ „
of the Inhabitants, It being within the Limitts of the Towne.
' The great variation of Indian names in the records, due to phonetic repre-
sentation, is often appalling. For example, we find above in the minutes
" Janorocket; " in Deeds, vol. 3, p. 37, " Jano Rockett; " an Indian deed to
Edward Jessup and John Richardson, March 12, 1664/5, ^'^ Deeds, vol. 2,
pp. 58-59, calls him " Shawnerockett," whilst Bolton. History of (lie County
of Westcliester (i88i edition), vol. 2, p. 361, names him Shanarocke or Shana-
rockwell, sagamore of Poningoe. These are by no means the only forms
given for this Indian.
2 Sawmill Creek, Westchester County. There are many corrupt forms of
the Indian name, as Nepera, Neperan, Neperhan, Neppiran, Niperan, etc.
See Ruttenber. Indian Geographical Names, p. 23, in " Proceedings " of
N. Y. State Hist. Ass'n, vol. 6; Beauchamp. Aboriginal Place Names of
New York, p. 249. The name was also applied, as Nepperhaem, to Vander
Donck's patent of Colen Donck (Yonkers).
72 Province of New York Ijeb/jJ
To the 3"^ That M"^ Bridges ' & his Wife bee forthwith
invested in the Estate at Newtowne lately in the tenure of
John Cockram, in Satisfaction of the Morgage they have
thereupon, Provided That payment bee made of a certaine
[46] Summe of Money due by Judgment to John Sharpe
An Ord"" ifrom the said Cockram without Interest within y^ space of
hereupon, i.,^-, -ii-ai r 11c
mne Months next ensuemg the Date hereof, or by y'^ end of
November.'
An Ordr To y® 4'^ That EleazF Leveradge doe pay or cause to bee
paid unto Rebeckah Wright from whom hee is divorced
the Sufne of twenty five pounds in living Cattle to bee
apprized by Indifferent Men, or in Come, Beefe, or Porke
at price currant, in lieu of what shee brought to him at
their Marriage.// '
' Charles Bridges, who had come over from Canterbury, England, and had
taken an active part in the Dutch administrative affairs of Curacoa and New
Netherland, even changing his name for a time to Card van Brugge or ver
Brugge. His wife was Sarah Cornell, daughter of Thomas Cornell, of Cornell's
Neck. She was the widow of Colonel Thomas Willet when Bridges married
her in November, 1647. After the death of Bridges she was married a third
time, to John Lawrence, Jr., of Flushing. Bridges and his wife succeeded
in a suit against Thomas Pell, at the court of assizes, on September 29, 1665,
for possession of the land on Cornell's Neck, from which Thomas Cornell
had been driven " by the barbarous violence of the Indians, who Burnt his
House and Goods, and destroyed his Cattle." — - Innes. Nerw Amsterdam and
its People, pp. 194-195; General Entries, vol. i, p. 155; Court of Assizes, vol. 2,
pp. 15-18; Collections of N. Y. Hist. Society, 1S92, pp. 118-119.
2 Collateral and Illustrative Documents, No. XXXII. John Cockram settled
at Newtown, L. I., about 1657. He was licensed in 1667 to marry Elizabeth
Sawtell, also of Newtown. This license is entered twice, on January 29th
and on February 2d. When his estate was seized for debt, Henry Sawtell,
of Newtown, entered a claim against it for oxen which Cockram had sold to
Bridges, and " other particulars " in Sawtell 's petition were referred to the
constable and overseers of Newtown by the court of assizes for report to the
governor. The local officials having neglected this duty, Lovelace issued
forth another order on the subject, October 18, 1671. — Court 0/ Assizes, vol. 2,
pp. 64, 284; Orders, Warrants, Letters, vol. 2, pp. 115, 134, 369; General
Entries, vol. 4, p. 54.
» Collateral and Illustrative Documents, No. XVI.
teb/jj Executive Council Minutes 73
To y^ 6'^ y" Towne to pay y'^ first, & the Countrey Rates An Ordr
y" last. — Cap? Seamans.'
To y" 7'*" About Estienne Gaigneau, That Jacques Guijan An OdT
bring his pretences here, when it shall bee determined. =
To y^ Peticon of Peter Stantenburgh,^ Jan Vigne &c:
They are to bring in an Estimate of what that Land first ^ q^^t
cost them, & make it appeare what they paid, whereupon
Consideration will bee had thereof.*
In Answr to y^ Peticon of Jacobus and Cornelia Loper,'
It is not thought fitt to [47] unravell into Transactions soe
' Collateral and Illustrative Documents, No. XXXIII. Captain John Sea-
man, St., came from the eastern end of Long Island to Hempstead, to settle
a tract of over twelve thousand acres, at what afterwards became the eastern
boundary of the Hempstead purchase. He was chosen a magistrate of the
town in December, 1656, and held other posts. His will, dated August 5,
1694, names his wife, Martha. The name of his first wife is uncertain. His
second wife was Maria More, daughter of Thomas More, of Southold, and
it was she who survived him. — Hempstead Town Records, vol. i, pp. 8, 16;
Deeds, vol. 2, p. 173; Collections of N. Y. Historical Society, 1892, pp. 249-251;
N. Y. Gen. and Biog. Record, vol. 11, pp. 149, ff. ; Onderdonk. Annals of
Hempstead, pp. 16, £f. See also Biog. and Gen. Record of Captain John
Seaman, by Selah D. Seaman, N. Y., 1881.
2 Collateral and Illustrative Documents, No. XXXIV. Jacques Guyoa
(also spelled Guyen, Guyan) was a planter of Staten Island. His will was
proved in December, 1694, and his widow, Sarah Cosier, had letters of admin-
istration granted to her. — Collections of N. Y. Historical Society, 1892, pp.
246, 464. See also Clute. Annals of Staten Island, p. 386; Bayles. Hist, of
Richmond County, pp. 540-541.
' Pieter Stoutenburgh, who lived in Broadway above Wall Street, New
York City. He had married in New Amsterdam, Aefje or Afegy van Tien-
hoven, on July 25, 1649. He died on March 9, 1698/99. — Stoutenburgh.
Oyster Bay, pp. 522, 523; Records of R. D. Church, Marriages, p. 15.
< On July 12, 1670, Petrus Stuyvesant petitioned the court " that he is
abridged in the execution of some of his lands from the public fence; " and
on February 28, 1670/71, the court appointed Stoutenburgh, Vigne and
Jacob Kipp to inspect the matter and decide thereon. — Stoutenburgh.
Oyster Bay, p. 523; Records of New Amsterdam, vol. 6, p. 285.
' It may be this case relates to the claims of Melyn's descendants to Staten
Island lands. There was a Jacobus Looper who died in the public service at
Albany and whose widow, Neelcye or Cornelia, petitioned, on February 15,
1684, that she might be spared molestation on account of her late husband's
debts. — N. Y. Colonial MSS., vol. 31, p. 114.
74
Province of New York
r 1671 1
LFeb. 24J
An Ord''
Gravesend
Busyness.
long since past, & before these parts were reduct to his
Ma^'f^ Obedience, for that if their pretences were equit-
able, they had time enough to make their Right appeare
heretofore.
Delaware to bee respited till Cap* Carrs Arrivall, In
■ mean time a Lettr to bee written & sent by Peter Rambo.'
A: Wright. Vpon y^ Request of Anthony Wright that hee may have
Letters of Administracon upon the Estate of Samuel Mayo
deceased,^ w"'' can bee found at Oysterbay, hee being a
Creditor, & the only person that hath sued for the same,
It is Ordered, That hee have forthwith Letters of Adminis-
tracon, but withall that hee make his Debt appeare at y*
next Co'? of Sessions to bee held for that Riding.
By Ord^ &c:
I An Ord' thereupon as followeth —
Vpon a Request from some of y" Inhabit'.^ of Gravesend,
that there might bee an Endorsm? on their Geii'^' Patent ^ of
' Collateral and Illustrative Documents, No. XXXV. Lovelace's letter of
November 16, 1670, inviting Carr to visit him at the termination of winter,
is in Court of Assizes, vol. 2, pp. 611-612.
' Samuel Mayo and other Englishmen from Sandwich, purchased lands at
Oyster Bay from the sachem of the Matinicock Indians. See Deeds, vol. 2,
pp. 102-106, 219; Brodhead. History of N. Y., vol. i, p. 595. Anthony
Wright's will, dated May 20, 1673 (proved December 8, 1680), mentions his
brother, Nicholas Wright. The subject in the council minutes is more par-
ticularly given as follows: " Whereas Sam' Mayo (or Majo) who had some-
time an estate in Oyster Bay, did leave a lot of land he had there in the hands
of Anthony Wright, as security for a sum of money and is since deceased
intestate. And the said Anthony Wright hath made no improvements,
although it hath been in his hands severall yearns, as no legal conveyance has
been made to him, and he is the only creditor to the deceased in these parts,"
therefore, letters of administration were given to him. — Collections of N. Y.
Historical Society, 1892, pp. 15, 105, 124.
'Director Genera] Kieft gave a patent, on December 19, 1645, for the
bounds of Gravesend, and Governor NicoUs confirmed this patent in 1667, to
Thomas Delavall, James Hubbard, William Bowne, John Tilton and William
Goulding as patentees for themselves and their associates. It included the
now famous resort of Coney Island as a grazing place. The land formerly
in the tenure of Anthony Johnson and Robert Penaoyer formed the western
[Feb.' 24] Executive Council Minutes 75
a certaine parcell of Land heretofore belonging to Robert
Pennoyer • & given to the Towne, as appearss in their
Records, It was not thought fitt that it should bee endorsed
upon their Patent, but if it shall bee desired, y^ Towne may
have a Confirmation thereof apart from the Governor
By Ord.^ &c:
[48] His Busyness recommended to Mr Coe * to make Joseph
Report of it. Taurston..
That hee have power to Arrest & Attach upon the River.* Havea
MastT
boundary of the Gravesend patent. — N. Y. Colonial Mamiscripts, vol. 22f
p. 33. For the land controversy between Gravesend and New Utrecht see
General Entries, vol. i, p. 38.
' Pennoyer was now settled at Mamaroneck, where he had been appointed
as constable by Governor Nicolls, on February 13, 1666-7. His daughter,
Elizabeth, and Richard Lownesberry were granted a marriage license in
August, 1670. The dispute over title to Pennoyer's land adjoining Gravesend
had been referred to the court of assizes, on September 18, 1666. — Orders,
Warrants, Letters, vol. 2, pp. 100, 130; Court of Assizes, vol. 2, pp. 572, 580;
General Entries, vol. 4, p. 92. For sketch of him see Bergen. Kings County
Settlers, pp. 222-223.
2 Robert Coe, of Jamaica. Lovelace had appointed him a justice of peace,
on October 2S, 1668, in the North Riding of Yorkshire, to represent Jamaica.
He had also commissioned him to be high sheriff of Yorkshire for one year,
from June 10, 1669, in succession to William Wells, and reappointed him for
another year, on June 18, 1670. — Orders, Warrants, Letters, vol. 2, pp. 272,
432; Court of Assizes, vol. 2, p. 554. See sketch in Record of the Coe Family.
New York, 1856, pp. 3-5.
' Joseph Thurston, of Jamaica, L. I., married the widow of Thomas Foster,
of the same place. Foster had died in 1663, and on August 5, 1671, Th-urston
and his wife were confirmed as executors of Foster's estate. This is appar-
entiy the business which Thurston had brought before the council. — Collec-
tions of N. Y. Hist. Society, 1892, pp. 19, 24. See also Thurston Genealogies,
second edition. Portland, Me., 1892, p. 361.
' Collateral and Illustrative Documents, No. XXXVU. Philip Johns was
haven master of New York City, where he resided. He had been originally
commissioned by Governor Nicolls, on April 3, 1665, and was continued in
that office under Lovelace. His duties are in part described in an order of
May 27, 1670. They were, to call upon all masters of ships or vessels coming
into the port of New York, for whatever letters they brought in, of which he
was to make a list and give a copy thereof to Pieter Schafbanke, one of the
mayor's officers, who in turn was required to give immediate notice to all
76 Province of New York UlbJ^^
An Ordr thereupon as followeth.
It being taken into Conslderacon whither properly the
SherifFe of this City hath Power to lay Arrest or Attachm'
upon any Person, Goods, or Vessell upon the River or in
this HarboT, & it being not found practized in other parts,
It was this day Ordered, That henceforth, that is to say,
from & after the Date hereof the Haven Mastr for the time
being having Warrant from the Mayo!" or in his Absence
from the Deputy Mayor of this City, the w'=*' is returnable
at the next Court, have only Authority to Arrest or Attach
any Person Goods, or Vessells upon the River, or in this
Harbour, for the w"^*" hee is to take such moderate fFees as
the Court shall adjudge.
By Order &c:
Cap^ WP The Ord!" upon his Request.
Vpon y^ Request of Cap' W" Laurence ' of flushing, That
hee may have a Patent of his Land where hee lives with an
Addition of [49] a piece of Swampy Meadow Ground,
lyeing within that Neck lately consented to bee given him by
many of the Inhabit*!* of the Towne, It is Ordered, That the
majo'' part of y" Inhabitants who have Priveledge to give
their Votes, are contented therew"". That the said Cap*
Laurence have forthw**" a Patent according to his Request-
By Ordr &c:
Laurence.
persons concerned. Johns died intestate and his widow, Mary Hay, was
appointed his administratrix, on April 15, 1675. — Deeds, vol. 3, pp. 109-110;
Court of Assizes, vol. 2, pp. 434, 538; General Entries, vol. 4, p. 94; Collections
of N. Y. Hist. Society, 1892, p. 29; Records of R. D. Church, Marriages, p. 33,
showing marriage record of August 28, i568.
' Captain William Laurence (also Lawrence in the records) was a brother
of John Laurence, mayor of New York City. On February 15, 1670/1,
Richard Cornell, Elias Doughty and others, in all about twenty-four of his
neighbors at Flushing, gave their consent that he should have common land
on " the neacke of [land] weer hee Hues," it being of " lettell ore noe benefiett
toe the inhabettantes," being " lande uncapabell of manewering." This was
the land patented to him. — N. Y. Colonial Manuscripts, vol. 22, p. iii.
tebjy Executive Council Minutes 77
An Ordr as followeth. jM"' Charles
Whereas M'' Charles Bridges of fflushing & Sarah hisl Bridges —
Wife have had p'^tences upon y'^ Estate & Land of John
Cockram late of Newtowne als Middleborough, by vertue
of a Mortgage thereupon, the w*^^ hath this day been taken
into Consideracon, It is Ordered, That y^ said Charles
Bridges & Sarah his Wife bee forthwith invested & putt
into possession of y'^ p'^misses, in satisfaction of their Mor-
gage, the particulars of w'''' they are to give Acco? of at y"
next Co'? of Sessions; Provided likevs^ise that payment bee
made out of the said Estate of a certaine Sufne of Money
to John Sharpe of this City or his Assignes without Interest,
for the w'^'^ Judgment hath past in y*" Court of Sessions at
Gravesend, & that within y'' space of 9 m? after y" Date
hereof, the paym' to bee made in good pay by y'' Apprizem' of
indifferent persons.*
By Ordr &c:'
[50] An Ordr as followeth. Capt jno
Vpon y' perusall of two Bills brought in by Cap' John Seamans.
Laurence was fined by the court of assizes, on October i, 1666, ordered to
acknowledge his fault before the court and to apologize in town meeting of
Flushing " for speaking seditious words against the Government, and also
for resisting and Assaulting the Constable, iu the Execucon of his Office."
He acknowledged his error to the court on December 18, ib&6. Laurence was
a justice of peace in the North Riding of Yorkshire. He married twice, the
second time in March, 1664/5, Elizabeth Smith, oldest daughter of Richard
Smith, the patentee of Smithtown, by whom he had seven children. He died
intestate in 1680, " leaving a considerable estate," at Tews Neck in Flushing,
and otherwise, for which his widow was appointed administratrix, on March
25, 1680. The following year she was married to Governor Philip Carteret,
of New Jersey, who died in 1682, and she was married a third time, to Colonel
Richard Townley. Laurence's daughter, Elizabeth, and Thomas Stevens, of
Newtown, were granted a marriage license, on February i, 1672/3. — Court
of Assizes, vol. 2, pp. 84, 94; General Entries, vol. j, pp. 98, 251; Collections
of N. Y. Hist. Society, 1892, pp. 66, 108; Pelletreau. Records of the Town of
Smithtown, pp. 480-48 1 ; Historical Genealogy of the Lawrence Family. New
York, 1858, pp. 23-24, 28-30, 135-139, 145, 149-151. 155-156-
• Collateral and Illustrative Documents, No. XXXII.
78 Province of New York Utl^]
Seamans, the one for Worke, done by him in y" Month
of March 1664, against y"" Generall Meeting at Hemp-
stead for y^ Towne being — i " : 18^: 00^. the other by
y° late Governo'^^^ Ord" about y^ Race-Posts — being —
It is Ordered, That the Towne doe make Satisfaction to
him for the first Summe, & that bee bee allowed y^ latter
out of y^ Countrey Rates.//
By Ordr &c:.'
Capt sa- ] An Ord"-
vestr is-^ -pj^g Peticon of Cap' Silvest'' SaUsbury being taken into
Consideration, In the latter Clause whereof bee desires a
Hearing before y" Governor & Councell concerning a
certaine diflFerence between him & fFredrick Gijsberts,^
It is Orderd, That his Attorney doe appeare at y" next
Meeting of the Councell; & that likewise Notice bee given to
fFredrick Gijsbert that bee attend at the same time when
both Partyes shall bee heard.
By Ord^ &c:
Mr Mayor ^ to consider of y^ ffence.//
Pres?
[51] At a Councell held at
fFort James y" S^^ Mar: 1670.
The Governor
M^ Mayo'
Mr Steenwijck.
The Secretary.
' Collateral and Illustrative Documents, No. XXXIII. The work performed
by him in March, 1664, was evidently in connection with the boundary claims
of Hempstead, for which see Deeds, vol. 2, pp. 3, 5.
' Collateral and Illustrative Documents, No. XXXVIII.
• Thomas Delavall was then mayor of New York City.
[m^^'sJ Executive Council Minutes 79
The Matt'? under Consideracon.
M.^ Doughty, on y'' behalfe of y*^ Ord'' of y'^ last Councell
concerning y^ Estate of John Cockram to bee made over to
Mr Bridges & his Wife; Mf Elyas Doughty having bought
their Interest desires an Explanation of the latter end of the
Order.
M?' Doughty is to bee invested as Charles Bridges, per-
forming y*" same Conditions by an Order.'
Mr Heggemans Businesse taken into Consideration; It's
about Money borrowed to build the Domine's House at
Breuklyn; M?^ Heggemans then Schout.^
It is Ordered, That an Acco? bee given of the Charge of
the Building; Whereupon those that are behinde in pay-
ment of their proportion shall bee obliged by an Ord!' to
[52] make Satisfaction thereof; The Constable & Over-
seers to receive Ord"" about it.^ //
About Jan Vigne & Peter Stoutenbergh's Busyness
of their Land by the Water-Port, That their Tide doe
remaine good to y^ Land, & the Ground where the
Wall & fFortifications was to bee to remaine at present
as it is.y
Huntington Businesse to bee respited, & that also the
' Collateral and Illustrative Documents, No. XXXII.
2 Adrian Heggeman, who resided at Flatbush, succeeded Pieter Tonnemaa
as schout of Brooklyn in 1660. Lovelace commissioned him, on April 15,
1670, as vendue master of the five Dutch towns on Long Island, and he had
been " heretofore imployed in that affayre by y*^ neighbourhood " where he
lived, namely Flatbush. He was authorized " to Expose to publique Sale
any Lands houses or goods w<='^ are to be sould w"^in y'= Townes aforesaid."
He was succeeded as vendue master, on March 17, 1672/3, by Jacques Cortel-
you, of New Utrecht. — Brodhead. Hist, of N. Y., vol. i, p. 5S0; Court of
Assizes, vol. 2, p. 508; General Entries, vol. 4, pp. 100, 270. For a sketch
see Bergen. Kings County Settlers, p. 135; Aiken. The Hegeinan Family,
in "Amer. Hist. Mag.," vol. i (igo6), pp. 170, ff.
' Collateral and Illustrative Documents, No. XXXIX. See also on the
minister's house in Stiles. Hist. 0/ the City oj Brooklyn, vol. i (1867), pp.
160-16 1.
8o Province of New York
Bond bee examined into by MT Mayo'^,' Mr NicoIIs, & M.
Bedloo at their goeing downe.^
West Indya Company Businesse to bee respited untill
farther Ord"^// ^
The Matter considered about Transportacon of Corne,
upon y^ Examinacon of y^ Bakers what Corne there is in y'^
City;
An Order to bee made that noe Wheate in Grayne bee
Transported, but in fflowre, Bread, or Bisquett for this
ensueing yeare.^
About noe Strang^? Sloopes being permitted to goe up y®
River to Albany;
That the former Ord^ bee revived & stand in fForce.^
About y^ Lett? from Southton & Southold excusing or
refusing to take out their Patents to bee left to farther
Consideration. °
' Thoinas Delavall.
2 Collateral and Illustrative Documents, No. XXV.
» Collateral and Illustrative Documents, No. XL.
'Collateral and Illustrative Documents, No. XLI; Records of New Amster-
dam, vol. 6, p. 287. Notwithstanding this prohibition, passes were issued
during April and May, 1671, to certain persons to send their wheat to the mill
at Milford, Conn., for convenience of having it sooner ground, " provided
the fiour and meal be brought back to New York." — Court of Assizes, vol, 2,
pp. 669, 670, 692. For orders prohibiting transport in 1666 and 1667, and
prices of corn or wheat in New York in 1668, see Orders, Warrants, Letters,
vol. 2, pp. 30, 78, 157, 306, 327.
' Collateral and Illustrative Documents, No. XLII.
• Collateral and Illustrative Documents, No. XLIII. All the towns of
Long Island were required by the law of 1665 to renew and have confirmed
all their grants, patents or deeds of purchase. The towns of Southampton,
Southold and Oyster Bay resisted and refused to comply with the law. The
demand was renewed by an order of the court of assizes in 1666 and, in the
mean time, their titles were declared to be " invalid as by Law." But they
continued to procrastinate and, in October, 1670, the court of assizes ordered
them anew to conform, notwithstanding these towns had " upon some
Nicetyes or p'tences " hitherto delayed to take out new patents. As late
as November, 1674, the people of Southold, in town meeting assembled,
unanimously declared their attachment to the colony of Connecticut and
desired " to use all good and lawfull meanes so to continue." This pertinacious
Executive Council Minutes
[53] At a Councell held at fFort
James y* 27'?" March 1671.
Present
The Governor
Mr Mayo''
Mr Steenwijck
The Secretary.
The Matter under Consideracon was somewhat from M'
Jeremias Van Renslaer,' & Cap' PhUip Pieters Schuijler
of Albany concerning y^ Excize ^ & fFortifications there;
And some thing from the Commissaryes about Aqueppo '
the Indyans Death, to cleare which that the Maques had noe
hand in it, they gave a Band of Seawant to Cap' Salisbury,*
to bee sent to his ffriends, hee hath sent it to y® Governo'',
w'^'' was produced. It being about 16 Guilders.//
About y^ fFortificacons of y'' Towne & Forte they doe not
dissent from what was proposed by them & engaged the
last Summer.//
About y^ Tax for y" Ministr ^ &c: & other Offic'^^^ of the
resistance to the authority and jurisdiction of New York determined the
court of assizes, in October, 1676, to issue a peremptory order, involving
forfeiture of lands. — A^. Y. Colonial MSS., vol. 22, pp. 107, 136; Souihold
Town Records, vol. i, pp. 374-375; Records of Southampton, vol. 2, pp. 65-66,
357-358.
' Jeremias Van Rensselaer had been commissioned, on September 23, 1670,
as " Capf^ of a Troope of Horse, listed or to bee listed within the Limitts
or precincts of Albany, Renzlaerswijcke Schanecktade & parts adjacent, as
a Troope of Volunteers." — TV. Y. Colonial MSS., vol. 22, p. 105. See
sketch in Van Rensselaer Bowier Manuscripts, p. 846.
2 Collateral and Illustrative Documents, No. XLVI.
' Variously spelled, as Aquepo, Aqueppo, Acquipoor, etc.
' Sylvester Salisbury.
' Gideon Schaats or Schaets was minister of the Dutch congregation at
Rensselaerswyck and Albany from 1652 till 1694, when he died. From 1683
he was assisted in his ministry by Godfreidus Dellius. — Cf. O'Callaghan.
Hist, of New Netherland, vol. 2, pp. 567-568.
[6]
82 Province of New York [mIVA;
Towne, for w'^'' they are already Indebted over & above
what y° Burgers Excize doth yield.
They propose that y^ Magistrates alone may have Liberty
to sell Strong Drink & Liquo" to y" Indyans &c: or to have
halfe y^ Tappers Excize to defr[ay] that Charge.
[54] For y* Engrossing of y^ Sale of Strong Liquo"?, Its
not thought to bee practicable.^
As to the next Proposall, It's thought fitt to recommend
it to the Persons entrusted from the Tow^ne of Albany, to
deliver in an Estimate of the Townes Debts for their Officers,
what Offic"^^ there are, & their Salaryes.
As also what their Incomes are by Taxes or otherwise;
As Burgers Excize &c:
What y" Tappers Excize is generally ffarm'd at.
The Reason why they desire Reliefe, is That Renslaers-
wijck did heretofore pay the halfe to the Ministr &c: & now
paying 300 Scheples per Annum to y^ Governor, they are
excused from that, to [sic] what they paid before is
wanting.
The Charge yearely of y'' Towne of Albany to the Offic''-^ is
Beav"^^^
To y® Ministr 125 — at f 30 y^ BeavT
To y® Secreta"' — 600 guild" Seaw'
To y® Bode 300 guild" Zeaw.'
To y^ Reader 400 guild" Zeaw?
125 Beav*^^' f 1300 — Seawant.
At length upon further Proposall &c: It was 0[r]dered,
That y^ Commissaryes at Albany upon [55] the Expiracon
of this yeares Packt of y" Grand Excize, there, shall for y*
yeare ensueing w'^'' is to beginn on y" 10*.'' day of July next
have the said Packt or Grand Excize upon the same Terme
[M'aJJay] Exccutivc Council Minutes
as it hath been Lett this yeare, with Liberty alone to sell
Liquo''.'^ or Strong Drink to the Indyans, & that none shall
have Licence soe to doe without their Approbacon & Con-
sent. In Consideracon whereof, they are to pay all Offic"
belonging to them, & to bee accomptable for y^ Overplus
to the Governor, the which shall bee employed for the Pub-
lick Benefitt of these parts.
To bee accomptable for y* Small Packt likewise./?
This Ordr made about it.
Whereas y'^ Commissaryes of Albany, Renslaers-Wijck,
& Schanechtide have by Cap' Jeremias Van Renslaer, &
Cap? Philip Pieters Schuijler requested mee that they may
fFarme y® Tappers Packt or Great Excise, & may alone
have Liberty to sell Liquo*? or Strong Drink to the Indyans,'
there being great Abuses committed while every one takes
that Liberty upon them; the which they propose to Regulate
(For an Encouragement to the said Commissaryes, who have
shewed themselves very forward in contributing to the
Publick Worke of ffortifying that Towne and fifort, I have
by and w"^ the Advice of my Councell thought fitt to grant
their Request, & doe therefore hereby Ordr, That after
the Expiration of this p''sent yeares [56] Packt or fFarme of
y" Great Excize w'^'^ will end upon the lo'.*^ day of July next,
y'' Commissaryes for the time being shall for y^ yeare en-
sueing, that is to say, from the 10'.'' day of July 1671 to y^
Io'^ day of July 1672. hold the said Packt upon the same
Termes & Condi cons as it hath been lett at this yeare, &
shall also have Liberty to sell Liquors or Strong Drink to
the Indyans, & that none shall have Licence soe to doe
without Approbation & Consent of my selfe & them; The
'For a letter of Lovelace, dated November 12, 1668, in regard to the
excise and selling of liquor to Indians, see Orders, Warrants, Letters, vol. 2,
p. 281; and for another about the tappers excise, of July 22, 1669, see ibid,
P- 475-
84 Province of New York UprJisJ
said Commissaryes paying out of the Burghers Excize, &
y® Benefitt accrewing hereby all Publick Offic", and like-
wise that they bee accomptable for y" Overplus (if any shall
happen to bee) to the Governor, the vphich shall bee kept in
Banck untill it bee disposed for the Publick Benefitt of those
parts. Given under my hand at ffort James in New Yorke
this 29*.'' day of March 1671.
Pres?
[57] At a Councell held in the
ffort. Apr: 15. 1671.
The Governo-
Mr Mayo''
Mr Steenwijck
The Secretary.
This day a Report was made by M*^ Mayo'' & y^ other
Commission'?' of their Proceedings at the East end of Long
Island; y° which was well approved of, soe y'' Commission
was Cancelled.'
The Proceedings Ordered to bee Recorded.
Delaware Busynesse taken into Consideracon; Cap? Carr
being present.-
About y^ Murd^ committed by y" Indyans.^
About selling Strong Drink to y'^ Indyans.
About y^ Murderers, they are known, but for the present
not thought convenient to prosecute to the utmost.
Cap' Carr relates of y" desire of many ffamilyes to come
& settle below New Castle at Apoquimenys * & Bombeij's
Hooke; ^ To bee considered of.^
' Collateral and Illustrative Documents, No. XLIII.
2 Collateral and Illustrative Documents, No. XXXV.
' Compare Collateral and Illustrative Documents, Nos. XXXV and LIV.
< Appoquinimink Creek, Delaware. The name has many variations in the
early records.
» Bombay Hook, Delaware, a corruption from Boomtje's Hook.
[<J\6] Executive Council Minutes 85
The most Eminent amongst them are one Mr Jones,*
M'' Wharton,^ Mr Whale.// =■
A Lettr is Ordered to bee written to treat with some of
them about their Settlement/
Present
[58] At a Councell held in y^ fFort.
Aprill 26^'^ 1 67 1.
The Governor
Mr Mayo''
Mr Steenwijck
The Secretary.
The Mattr under Consideracon is the Busynesse of Staten
Island; ^
The Inhabitants p''ferr a Peticon by y" hands of Thomas
• Robert Jones, whose wife, Elizabeth, obtained a pass, in November, 1671,
" to goe to Virginia to her husband in M'' Quidleys Vessell." — N. Y. Colonial
MSS., vol. 20, p. 23; General Entries, vol. 4, p. 72. For his landholdings
in Delaware see Original Land Titles in Delaware commonly known as the
Duke of York Record, pp. 143, 144, 149, 150.
'Captain Walter Wharton. Lovelace appointed him, on June 17, 167 1,
" Siu'veyo"' Gen" in Delaware River, that is to say of y° Westeme side of
y^ said River now under his Royall Highness Governm' & Protection," to
" measure or lay out Lands or Lotts of Ground in Delaware River, w"^*^
shall at any time be ordered by mee. As also for any private person there
under his R: H^ his Protection, who shall employ him." He was also com-
missioned, on April 9, 1672, a justice of peace at Apoqueminis and places
adjacent in Delaware Bay. Wharton died interstate, and is called "of
New Castle, in Delaware." Upon the request of his wife, Mary, Captain
Edmond Cantwell was appointed administrator, November 10, 1679. —
Court of Assizes, vol. 2, p. 721; JV. Y. Colonial MSS., vol. 20, p. 31; Collec-
tions of N. Y. Hist. Society, 1892, p. 62.
' George Whale, sometimes given as Wale in the records. — N. Y. Colonial
MSS., vol. 20, pp. 16, 23. On his Delaware lands see Original Land Titles
in Delaware, pp. 128, 148, 149.
< Collateral and Illustrative Documents, No. XXXV.
' Collateral and Illustrative Documents, No. XXXI.
86 Province of New York
Carle ' & Nathan Whitmore ^ chosen by y*" majo"^ part of
the Plantation to attend the Governor
The first part of y^ Peticon discourst of only, but to bee
farther Considered.
The second part is granted.
The third to bee left unresolved untill the Surveyo"' Gen^." ^
bee consulted w'^, but supposed they may have it.
The 4'!" to bee considered of w*^ y^ first.
The 5'.'' & last to bee left till To-morrow Morning, v^hen
the Surveyor Geii''." is to bee here.
An Ord"^ writt to him under y= Governo'? hand, That hee
bee here To-morrow, before Noone, & sent by Gideon
Marlette.^
About y" Election of Commissaryes at Kingston in
Esopus.°
To bee left till M^ Mayo" goeing up.#''
[59] A Commission to bee drawn for Cap' Chambers to
bee Justice of y" Peace at the Esopus over the three Townes,
not to infringe y^ Libertyes or Priveledges of Schout &
Commissaryes. i? '
The keeping of y" Co*^^ at Marbleton and Hurley to bee
taken into Consideration also by M^ Mayo'' who is to returne
an Ace' thereof at his Returne.'
• Apparently Captain Thomas Carle, of Hempstead, L. I., who died intes-
tate, and whose widow, Sarah, daughter of James Halstead, requested letters
of administration, which were granted on March 25, 1676/7. — Collections of
N. Y. Hist. Society, 1892, pp. 34-35.
2 He was one of the commissioners appointed by Lovelace, February 16,
1669/70, to treat with the Indians as to purchase of Staten Island lands. —
Court of Assizes, vol. 2, p. 469.
' Jacques Cortelyou.
= Gideon Marlett or Marlette was a constable at Staten Island. — Collections
of N. Y. Hist. Society, 1S92, p. 24.
' Collateral and Illustrative Documents, No. XLIV.
^ Thomas Delavall.
' Collateral and Illustrative Documents, No. XLIV.
« Ibid.
Ult'J^y] Executive Council Minutes 87
At a Councell held in y^ Fort
Apr: 27*-^ 1671.
Present
The Govemo'
M^ Mayor
Mr Steenwijck
The Secretary.
That 2 Lotts bee continued upon the Hills, one Lott to
bee layd out upon the Neck of Land by M"^ Stillwell,' & one
by Nathaniell Brittaines.^
That a convenient High-way bee left for Drift of Cattle ^
&c: towards y" Bridge, & the Great Kill, the rest to bee
Enclosed for the New Lotts to bee added to the Old
Towne.
[60] The last Clause to bee more fully Answered when the
' Nicholas Stillwell had been commissioned as constable of Staten Island,
on September 7, 1667. His son, Richard, was " acquainted w*^ y^ Language
& customes of y^ Indians " and was appointed president of a commissioa
created by Lovelace, on February 16, 1669/70, to treat with the Indians
on Staten Island for its purchase. — Orders, ]Varranls, Letters, vol. 2, p. 186;
Court of Assizes, vol. 2, p. 469. See personal data in Stilwell, Benjamin M.
Early Memoirs of the Stilwell Family, comprising the Life and Times of Nicholas
Stilwell (New York, 1878); Stillwell, William H. Notes on the Descendants of
Nicholas Stillwell (New York, 1883); Bergen. Kings County Settlers, pp.
277-278; Collections of N. Y. Hist. Society, 1892, p. 24.
' Nathaniel Brittain, son-in-law of Nicholas Stillwell, whose oldest daughter,
Anne, he had married. He was one of the commissioners appointed by
Lovelace, February 16, 1669/70, to treat with the Indians for the purchase
of Staten Island. — Court of Assizes, vol. 2, p. 469. For sketch see
Bergen. Kings County Settlers, p. 50; Early Memoirs of the Stilwell Family,
p. 278.
'Notice was given by an order of February 24, 1672/3, " that there shall
bee a Drift of all Horses & Cattle upon Staten Island," and all persons pos-
sessed of any there were desired " to appeare or send some person to the
Towne of Dover to take notice of their respective Horses or Cattle to the end
they may bee viewed and marked according to the Lawes in such Cases
provided." — General Entries, vol. 4, p. 264. Dover was the home of Still-
well and Brittain, situate immediately below the Narrows, near the later
Fort Tompkins.
88 Province of New York
Surveyor Gen"'" ' shall have layd out the utmost Limitts &
Bounds of the Towne.
The first Clause is graunted to make up a Supply to the
rest of the Towne. -
At a Councell held in y^ Fort
May i8'> 1 67 1.
Present.
The Governo?
M!" Mayof
Mr Steenwijck
The Secretary
The first Busyness taken into Consideracon was the
AfFayres of Esopus; ^ In particular, y® Report of Mr Mayor,
about Settlement of AfFayres at the New Townes given in
Writing. #
It is Ordered, That those Ord"^.^ about y^ Townes bee of
(Force untill any Inconvenience doe appeare therein, or further
Order.
The Commissaryes chosen out of the 4. by M'' Mayo'' &
Cap' Lovelace * to bee Confirmed.//
Cap* Criegers ^ Busynesse about y° Whorekill.°
' Jacques Cortelyou.
- Collateral and Illustrative Documents, No. XXXI.
' Collateral and Illustrative Documents, No. XLIV.
' Captain Dudley Lovelace, a brother of Governor Lovelace.
' Captain Martin Cregier, Creiger, Crieger, Kregier, and otherwise in the
records. He had been one of the burgomasters, appointed by Stuyvesant in
1653. In February, 1670, Lovelace appointed him collector of the customs
at the Whorekill, an office soon thereafter abolished. He was commissioned
captain of a company of foot in New York City, July 13, 1670, and was com-
missioned to command a third company of foot in New York City, when the
military arrangements were made, in February, 1672, for the defense of the
city. — Brodhead. HiU. of N. Y., vol. i, p. 548; vol. 2, pp. 166, 184; Court
of Assizes, vol. 2, pp. 475, 611; N. Y. Colonial MSS., vol. 22, p. 106; General
Entries, vol. 4, pp. 105, 128.
' Collateral and Illustrative Documents, No. XLV.
[uaTis] Executive Council Minutes 89
The Purchase of y® Whorekill by y" Dutch to bee
Recorded.
[61] About y^ Mill-Stones there, to bee as they desire.'
A Lyst of y^ Inhabitants.
A Relation from thence of y^ Losse of Jan de Capres
Sloope,^ that the Sloope was cast away, & the Men drowned,
not destroyed by the Indyans.
An Examinacon made at y^ Whore-Kill by Cap? Crieger,
and y^ Answer upon it.
Together w**" 3 Papers brought by Cap* Carr concerning it.
The Relation about Jan De Capres Sloope being taken
into Consideration, as it is sett forth in the Papers by Cap?
Crieger produc't. In regard of y" Vncertainty of y"" manner
of that Disaster, & where certainly it befell, whither in these
his Royall Highness Dominions or in Maryland. However
It is Ordered, that a Letter bee sent to y^ Governo"^ of Mary-
Land ^ to know what their Opinion is hereupon; but for some
time to suspend the sending it, some persons being expected
from thence suddenly who may give farther light herein.
The other Matt ? from y^ Whore-Kill well approv'd of.
About Albany Busynesse.
What was done by y" Mayor * & Cap? Lovelace^ with the
> Ibid.
2 Collateral and Illustrative Documents, No. XLV. Jan de Kaper, also
called in the records John de Caper, the Caper, de Capres, apparently belonged
to Maspeth Kills, where he had been ordered by Governor NicoUs, on July
5, 1665, to establish his title to a parcel " of ffly-Land, lying in that Creeke."
On a return voyage to New York, in 1665, he was subjected to insolences
by some Indians who forcibly searched his sloop. He seems to have carried
on a traffic between New York and points as far as Virginia. It was during
one of these voyages, in 1670, that his sloop, the " Jonge Prins " or " Prince
of Orange," was shipwrecked and plundered in an inlet of Delaware Bay. — ^
General Entries, vol. i, p. 136; Orders, Warrants, Letters, vol. 2, pp. 4, 349.
' Collateral and Illustrative Documents, No. XLV. Charles Calvert was
then governor of Maryland.
* Thomas Delavall.
■ Captain David Lovelace.
9© Province of New York [xW^s]
Commissaryes, about the late Order of y^ Comissaryes
farming the Tappers Excize; with their Reasons pro &
Con: — ^
[62] Together w'f' an Ord' made by y^ Commissaryes w"'
Consent of the Inhabitants, after mature Deliberation, It
is Ordered, That what was done by them at that time bee
confirmed.*
About y^ Nomination of a Lievten? here in the place of
Goovert Loockermans,^ M"" Beeckman ' & Stoffell Hooge-
landt * proposed.
Mr Beeckman to have a Commission.
A Proposall being made of raising a Troope of Horse in
this City and Island being made by the Governor, the farther
Consideration thereof is respited untill some further time.^
That there bee three Persons nominated by the Troope of
' Collateral and Illustrative Documents, No. XLVI.
' Govert Loockermans, of New York City. He received his certificate of
denization, December 19, 1664; owned also a farm at Maspeth Kills; was
commissioned by Lovelace, on July 13, 1670, lieutenant of the company of
foot, of which Martin Creiger was captain, and died intestate in 1671, leaving
an estate which was for a long time unsettled. — General Emries, vol. i, p.
52; Court of Assizes, vol. 2, p. 482; N. Y. Colonial MSS., vol. 22, p. 106;
Collections of N. Y. Hist. Society, 1892, pp. 48, 60, 190, 194, 195, 204, 282.
See also personal data and genealogy in N. Y. Geneal. and Biog. Record,
vol. 8, pp. 13-15; Innes. New Amsterdam and its People, pp. 235-249; Bergen.
Kings County Settlers, p. 189; D wight, B. W. History of the Descendants of
John Dwight, vol. i, p. 207; Records of New Amsterdam, vol. 6, p. 299.
' William Beeckman. See genealogy in N. Y. Genital, and Biog. Record,
vol. 19, pp. 42-43; and a less accurate sketch in Beekman. History of Part
oj the Beekman Family. Babylon, L. I., 1885.
' Christoffell or Christopher Hoogelandt, of New York City, who had been
appointed an alderman by Governor Nicolls, on August 14, 1668, for one
year, being superseded before the expiration of his term on account of the
vacancy created by his making a journey to Holland. He married Catharina
Creiger, or Cregier, on June 23, 1661. — Orders, Warrants, Letters, vol. 2, pp.
227, 430; Court of Assizes, vol. 2, p. 409; Collections of N. Y. Hist. Society,
1892, p. 142; Bergen. Kinz,s County Settlers, p. 145. For a sketch see History
and Genealogy of the Hoagland Family in America. [New York, 1891], pp.
55-60.
'Collateral and Illustrative Documents, No. LXIV.
Iju'ne'jJ Executive Council Minutes 91
Horse in the North & West End of Long Island for Cap'?,
two for Lievten?, & two for Cornett, out of either of which
their Names being returned, the Governor will Nominate one.'
The Petition about y'^ Prohibition of Corne to bee taken
into Consideration at y^ next Co'^^' of Sessions, who are to
have Notice of y^ same, & to give their Opinions of the
Likelyhood of y'^ Plenty or Scarcity of Corne for y^ ensueing
yeare; And the Court of Mayor & Aldermen in the meane
time are to examine how the Stock of Corne in Store is like
to hold out this present yeare, & to make Report thereof
unto the Governor and Councell.^ -
[63] At a Councell held at ffort
James y" 14'.'' June 1671.
Present
The Governor
Mr Mayor
Mr Steenwijck
The Secretary.
The Busynesse under Consideracon are the Matters at
New Castle and the Whore-Kill.'
About New Castle, It was Ordered, That noe person in
Delaware bee permitted to distill there, but such as give in
their Names to the Officers at New Castle, & from them to
receive Licences; And that ihey pay one guilder Seaw' p
Cann for all that they shall distill, w""'' shall goe towards
the Reparation of y^ New Block-House or ffort.
About y^ Whore-Kill, It was Ordered That what is past
& granted there, bee confirm'd upon the same Conditions
as the rest of y^ Land, with this Provisoe, That each Planter
' Collateral and Illustrative Documents, No. XLVII.
'Collateral and Illustrative Documents, No. XLI.
• Collateral and Illustrative Documents, No. XLVIII.
92 Province of New York [ju'nJ^]
bee Obliged to settle upon the Land, & that each Person
bee enjoyned to settle a House in a Towne to bee appointed
neare them.
The 12'? to bee referred to y'' same Consideracon with
the distilling.
[64] At a Councell held in y^
Fort ye 21'.'' June 1671.
Presf
The Governo'^
M' Steenwijck
The Secretary.
The Matt^ first under Consideracon, is the Busynesse of
Delaware, about granting Patents there.
Cap? Carr declares that Governo^ NicoUs gave y^ Offic''?
Ord' to make Grants of Land to those that would Plant
there,' which being remitted to y^ Governo^, hee was pleas'd
to give Patents for them.
The Signing of Patents for those Parts concluded on.
An Ord'' also relating the Grant to M^ Mills,- the w"*" is
to extend only to y'^ Whorekill Lands, though menconed
Parts adjacent, on y^ South-side of the Whore Kills.// ^
' The reference is no doubt to the instructions of Governor Nicolls to Sir
Robert Carr for taking Delaware Bay and settling people there in 1664. —
General Entries, vol. i, p. 58.
2 James Mills. He sold his house and land at Huntington, L. I., to George
Wood, and, as some difficulties arose over the sale, he made a further acknowl-
edgment, on December 30, 1670. He contracted with Charles Glover, of
Southold, for a ship to be called " Nathaniell," but Glover was derelict in
fulfilling his contract and kept the ship on the stocks for more than a year
beyond the time agreed for launching her. Mills brought suit against Glover
at the court of assizes, October, 167 1. In this year Mills was also involved
in litigations with Cornells Steenwyck. — Deeds, vol. 3, pp. 132-133-, General
Entries, vol. 4, pp. 31, 65. Records of New Amsterdam, vol. 6, pp. 312, 322,
326, 330-331, 336, 345. On his proposed plantation at the \Miorekill see
also Original Land Titles in Delaware commonly known as ilie Duke of York
Record, pp 25, 47.
' Collateral and Illustrative Documents, No. XLIX.
[jJnJzs] Executive Council Minutes 93
M^ Paine ' & M"^ Terry ^ about Matinicock Busyness.'
An Ord'' to issue forth, that some of the Matinicock Indyans
doe come here on Munday next, particularizing there being
formerly an Appointm', when they came without Notice, &
went away without speaking or doeing any [65] thing in
their Busyness. An Ord^ hereupon to referr to — quaere
&c:^
At a Councell held in y®
fFort y^ 28'? June 167 1.
Present
The Governo''
M^ Steenwijck
The Secretary.
The Matf^ under Consideracon was the Business of
Nantuckett; two Persons being sent from thence hither.^
They produce Writings to make good their Clayme &
Title in Obedience to an Ord'' issued forth last yeare," &
tender some Proposalls in Writing, Vpon w''*' Severall Ord*:^
were made & Establisht for their Government, which are
upon Record.'
To referr to which, search y^ Booke Indyan Purchases.
pag: '
' John Paine.
» Thomas Terry. ,
' Collateral and Illustrative Documents, No. L.
< Ibid.
' They were Tristram Coffin and Thomas Macy.
• Collateral and Illustrative Documents, No. XVIII.
' Ibid.
'Ibid.
94 Province of New York [jJ^Wl
At a Councell &c: June 29'.'' 167 1.
Before-noone.^
Pres*
The Governor
M- Steenwijck
The Secretary.
M'' Coffin ' is by Consent nominated y^ Chiefe Magis-
trate at Nantuckett from y^ Date hereof untill y^ 23^ day of
November, which shall bee in the year of our Lord 1672.
& accordingly had his Commission.-
Present
[66] After-noone.
Thursday June zg*? 1671.
The Governor
M"" Steenwijck
The Aldermen.
The Comn*^ &c:
Mr Tho: Lovelace
Mr Van Ruijven.
Cap' Manning
The Difference between y^ Lutherans was heard.'
' Tristram Coffin. For his biography and descendants see Coffin, Allen.
The Coffin Family. Life of Tristram Coffin, of Nantucket, Alass., founder
of the Family Line in America. Nantucket, 1881. Coffin was succeeded
as chief magistrate of Nantucket and Tuckanucket by Richard Gardner, on
April 15, 1673. — Deeds, vol. 3, p. 87.
' Collateral and Illustrative Documents, No. XVIII.
' Collateral and Illustrative Documents, No. LI. Rev. Jacobus Fabricius,
or Fabritius, came over from Germany and received permission to exercise
his ecclesiastical office in an orderly manner. He first ministered to the
Lutherans of Albany, being the first pastor of that denomination there, but
was suspended by Governor Lovelace, on May 28, 1668, on account of bis
controversies with the magistrates and the Dutch congregation, with whom he
would not be reconciled, even through the mediation of friends. On Feb-
ruary 20, 1668/9, Lovelace granted him permission to be pastor of the Lutheran
r 1671 1
LJane 29J
Executive Council Minutes 95
It was occasioned by a Peticon from Wiltem Hendricks '
Baker & others against y'' Magistr
The Proceeding? of y" Commission" were first read,
grounded upon a Petition p''sented by the Magister to y^
Governour, who appointed Commissioners.
There was an Attestacon read of Jacob Youngs, wherein
hee declares that the Hamburgher & the Hatter refused to
Obey y" Commission.
congregation in New York City, provided he gave " no trouble or molesta-
tion to oth" differing in Judgm* from him," and on the 27th of that month
his oath of allegiance was certified. Before long he got into a quarrel with
his New York congregation over the building of their church, which is the
case referred to in the council minutes. On April 13, 1670, he was given
a pass to go to Newcastle, Del., accompanied by his wife, Annetje Cornelis,
the widow of Lucas Dircks van Bergh, to look after a suit over a house and
lot at Newcastle, which had been sold by his wife's former husband to Reynier
van Eyst. His breach with the New York congregation led to his removal
to Delaware, where he preached in Newcastle and Wicaca, and also got into
trouble. For performing a marriage cermony in New York, irregularly and
without authority, in 1674, he was suspended from the ministry for one
year. His fractious temper led to an estrangement with his wife, who com-
plained of his cruelties to the court of schout, burgomasters and schepens
of New Orange (New York City), on February 24, 1674, averring that she
was suffering from the quartan-ague, " having been obliged the whole winter
to sleep in the garret under the roof of the house, which truly is a very hard
thing to happen to an old woman and all this for a drimken and constant
prophaner of God's name, a ci-devant Lutheran preacher, named, as he says
Jacobus Fabritius, her married but unfaithful husband, who has driven her
out [of] her own house and chamber, which she intended for her son " by her
former marriage. On June 8th she was granted a separation, but on July
nth Fabricius came by force into his wife's house, carrying a chest, and got
into a quarrel with the schout, resisted the soldiers and raised a general
rumpus when an attempt was made to remove him from the premises. He
was fined heavily; ordered to remain away from his wife, and to ask the
pardon of the court " for the insults and injuries committed against it at
divers times, although he deserved to be more severely pimished." — Orders,
Warrants, Letters, vol. 2, pp. 335, 342, 394, 423; Court of Assizes, vol. 2, pp.
424, 501-504; General Entries, vol. i, p. 71; Records of New Amsterdam, vol.
7, pp. 60, 94, 107; Brodhead. Hist, of N. Y., vol. 2, pp. 159, 174, 255;
Memoirs of Hist. Soc. of Penn., vol. 7 (i86o), p. 191; New York Colonial
Documents, vol. 2, pp. 693, 706.
• His name was Hendrick Willemsen, a baker by trade, and hence often
called " Hendrick the Baker."
96 Province of New York [juty'e
The Note of Subscriptions for y° paym' of the House for
their Church is produced.
The Magist^ putts in an Answer to y® Peticon against him.
It's the Governo" Opinion, That those that have Sub-
scribed to y® Payment for y^ Church-House, should pay
their Proportions, & Hkewise that they pay his Salary to y*
time of their Dissenting, or soe many as doe dissent.//
It's Ordered that the Complainants have time to make
good their Charge, & the Magister to make his Answer till
Thursday next Afternoone, when they are to give their
Attendance.//
[67] At a Councell held at fFort James
July a'."^ 1 67 1.
Present
The Governo"^
M'' Steenwijck
Mr Secretary
The Businesse under Consideracon was M'^ Mayhews
Affayre about Martins Vineyard &c: '
His Peticon & Proposalls read.
To y® first part of y'^ Peticon, It's granted that the Townes
Seated there shall have Patents of Confirmation as other
Townes, & particularly as their Neighbo*? of Nantuckett have.
Quasre. To y^ next part to know what Land hee hath purchased,
& of whom, & how it doth appeare, & what remaines
unpurchased.
Noe=Mans Land already disposed of, but to bee enquired
into.^
> Collateral and Illustrative Documents, No. XVIII.
'Collateral and Illustrative Documents, No. LII. The Isle of Man alias
No Mans Land, located southwest of Martha's Vineyard. It was first granted,
August 3, 1666, to William Reeves, Tristram Dodge, John Williams, and
William Nightingale, but the stipulations in the grant hav'ng been forfeited,
[juij\] Executive Council Minutes 97
Three Papers to bee Recorded,' viz!^ y*' two from James
fforrett,^ (y= L"? Sterlings' Agent) & one from Richard Vines
S*^ fferdinando Gorges Agent.
Mr Mayhew* to bring in To morrow Morning what hee
hath bought at Martins Vineyard, for which hee is to have
a Patent. ^
The Clause of Priveledges to bee invested in y" Patent.
[68] At a Councell &c:
July 7'.^ 1671.
About Mr Mayhews Proposalls" concerning y"' Governm*
That for ending of Causes to y" Sume of 5" It is granted
that M'' Mayhew (who for his Lifetime is to bee Governo!
there) w'*^ two Assistants to bee chosen by y^ two Townes,
shall hold a Court, where one Agreeing with y^ Governor
shall carry the Case; but in case of Non=Agreem? to bee
referred to their Generall Court; which is to consist as in
their Instructions to Nantuckett.
The Sume Definitive at y° Gen'*" Court is to bee for 50?
for this yeare.//
The Co";* is first to bee held at Martins Vineyard.//
M^ Mayhew is to bee Governo!" over y'' Indians upon
Martins Vineyard.
The Acknowledgm' by Quit-Rent for both the Townes
& himselfe to bee Agreed upon.//
the grant was renewed to John Williams and others, on June 23, 1670, and
February 23, 1674. In these patents it was called the Isle of Wight. —
Hough. Nantucket Papers, p. 32 (note).
1 Collateral and Illustrative Documents, No. XVIII.
2 James Forret, Gent.
' William Alexander, Earl of Stirling.
' Thomas Mayhew, Sr.
' Collateral and Illustrative Documents, No. XVIII. See also Hine. The
Story of Martha's Vineyard. New York, [1908], p. 6.
• Collateral and Illustrative Documents, No. XVIII.
[7]
gS Province of New York
Hee is to have Liberty to purchase for his Royall High-
nesse, & to make Returne thereof.
The Ord''? hereupon are drawn up at large, & Entred
in the Booke of Indyans-Purchase.'
[69] At a Councell July y^ 8'.*' 1671.
M^ Mayhews & M"^ Brentons - Pretences upon Elizabeth
Islands ^ discourst of.
Memorand™ That three Men besides M^ Mayhew bee
chosen for a Court upon Martins Vineyard, & hee to have
a double Vote as President.*
MT Mayhew^ Sen!' * acknowledges to have sold his Pre-
tences, but the Grand childe ^ putts in his Clayme for his
part as his ffathers Right.
Daniel Wilcocks Clayme brought in by Young Mr Mayhew
to bee Recorded."
The whole Right to y'^ two Islands is found to bee in M''
Brenton, both by y^ Indyan Purchase & the Sale of M^
Mayhew Sen^; But its recommended to him to give some
Compensation to the Grand Childe for his Consent to his
ffathers Right.'
' Collateral and Illustrative Documents, No. XVIII.
2 Evidently William Brenton, who was governor of Rhode Island from
1666-1669. See Austin. R. I. Geneal. Diet., pp. 252-254.
'Collateral and Illustrative Documents, No. XVIII; also Deeds, vol. 3,
pp. 44-49.
' Thomas Mayhew, Sr.
' Matthew Mayhew, son of Rev. Thomas Mayhew, Jr., deceased.
« Daniel Wilcock. For the record see Collateral and Illustrative Docu-
ments, No. XVIII.
' For other business in council of this date, not however entered in these
minutes, see Collateral and Illustrative Documents, No. LIII.
[juiy^iV-ii] Executive Council Minutes 99
[70] At a Councell. July 12'.'' 1671.
Pres'
The Governo'^
M*" Steenwijck
The Secretary.
Vpon Consideracon had of M"^ Mayhews Quit Rents.
It is Agreed to bee 6 Barrells of ffish, viz? two Barrells
each Patent.
About Claes Burden &c: That y"^ former Ord'' against
Transportation of Wheat &c: bee as yet continued, viz*
That none bee Transported but in ffloure and Bread.'
A Peticon from Govert Loockermans wife about Cap'
Mannings ^ Purchase.
It is Ordered, That the Weesmasters have Liberty to take
out Letters of Administration for the Dutch Estate, accord-
ing to y" Articles of Surrender.
Huntington Lett- of Excuse for not giving their Attend-
ance according to Order, read w''' two Testimonyes.'
M' Smith * w"" M^ Rider ^ give their Attendance.
Deferr'd till after Dinner.
An Ord'' to Record Mr Smiths Attendance, & Hunting-
ton's Default.*
[71] At a Councell. July 13'.'' 1671.
Present
The Governor
M^ Steenwick
The Secretary
' Collateral and Illustrative Documents, No. XLI.
= Captain John Manning.
' Collateral and Illustrative Documents, No. XXV.
' Richard Smith.
' John Rider, attorney.
•Collateral and Illustrative Documents, No. XXV.
loo Province of New York [se'p*t!js]
M'' Gildersleeve & Cap' Seamans are employed by the
Towne of Hempstead ' to make Invalid M^ Terryes Grant,^
& to make their Clayme to Matinicock Land.
It's by y*^ Governor recommended to them & Mr Terry
to endeavour a Composure. Whereupon they came to a
Conclusion which v?as Recorded.^
Pres*
At a Councell held at Fort
James. Sept: 25. 1671.
- of New Yorke
The Governo"^
M^ Mayo"
Ml' Steenwijck
The Secretary.
Governor Philip Carterett i r at t
^ V 01 JNew jersey.
Cap' James Carterett. i
The Occasion of y^ p'sent Meeting is the Lett'' brought
from M'' Toms * by Peter Alricks about the Murder of [72]
two Christians (Dutch Men) killd by some Indyans at the
Island Matiniconck in Delaware River.^
' Richard Gildersleeve and Captain John Seaman, who by vote of the town of
Hempstead, July 3, 1671, were sent to New York to " treat with the Govemour
about the Eastern bounds of this Towne " and, in their discretion, " to
Joyn with M'' Terry, according to the conditions that were last made between
the said M'' Terry and y'= Towne." — Hempstead Town Records, vol. i
(Jamaica, i8g6), p. 278.
- On the grant of land at Matinicock to Thomas Terry by the town of
Hempstead, see Hempstead Town Records, vol. 1, pp. 143-145.
' Collateral and Illustrative Documents, No. L.
' William Tom.
' Collateral and Illustrative Documents, No. LIV. Matiniconck, now
Burlington Island, in Delaware River. It had been " formerly knowne by
the name of Kipps Island and by the Indian name of Koomenakimokonck
Containing about a Myle in Lengtli and half a Myle in breadth." This
island was leased by Lovelace, on September 10, 1668, to Peter Alrichs or
Alricks for three years. It had been in the tenure and possession of Sir
Executive Council Minutes loi
Peter Alricks ' being p''sent relates to y"" Truth of the
Murder, upon w'''' hee is examined; Hee saith, the whole
Nation of the Indyans of whom these Murderers are, con-
sists of about 50 or 60 Persons. All the Mischiefes committed
in Delaware these 7 yeares by Murder and otherwise, are
said to bee done by them.
The Indyans their Confederates (as it's supposed they
will bee if a Warr follow) with this Nation of the Murderers,
may bee about a thousand persons besides Women &
Children. —
The Names of the two Murderers, are Tashiowijcam &
Wywannattamo.tf ^
Peter Alricks declares. That two of y'= Saggamores of the
Nation of the Murderers, promis'd their best Assistance to
bring in the Murderers, or to procure them to bee knockt
it'h [sic] Head, if it might bee allowed by the Governo^
Many other Indyans that hee mett upon the Road did
very much disallow y" Murd^ & were very sorry for it, &
offered their Assistance against them likewise, only the
Difficulty was, that there were seaven of these Indyans,
Men of the same Stock, that if the two should bee seized,
the other five would seek to bee Revenged; Soe it was
unsafe.
Robert Carr, Knt., whose buildings and stock thereon were included in this
lease, and it was also called " Matinicom als Carr's Island." Lovelace,
on December 15, 1668, ordered the immediate surrender of the leasehold
to Alricks. — N. Y. Colonial MSS., vol. 20, p. 2; Orders, Warrants, Letters,
vol. 2, pp. 25g, 316; Original Land Titles in Delaware, p. 125. See also
" Some Notes on Matirmeconk or Burlington Island," by William Nelson,
in Penn. Magazine of Hist, and Biog., vol. X (1886), pp. 214-216; Memoirs
of Hist. Soc. of Penn., vol. 7 (1S60), pp. 140-141.
' For a sketch of him see N. Y. Geneal. and Biog. Record, vol. 24, pp.
125-132.
2 They dwelt " at Suscunck " four miles to the eastward of Matiniconck
Island. — Lovelace to Carteret, September 20, 1671, in Collateral and Illus-
trative Documents, No LIV.
I02 Province of New York
[73] Diverse other Discourses between him & the Indyans
hee related as to this Matter.i?
The Proposall to have y" Murderers destroy'd was to
cause a Kinticoy ' to bee held, & in the midst of their Mirth,
That then one should bee hired to knock them i'the head.
This by the Sachem.
Peter Alricks saith. The proper time to sett upon this
Nation of the Murderers is within a Month from this time,
for after that they'l breake off their keeping together in a
Towne, & goe a hunting, soe bee separated & not to bee
found, but now the danger is of their destroying the Come
and Cattle of the Christians.
The Occasion of y^ Murther is said to bee that Tashiowij-
cans Sister dyeing, hee exprest great Griefe for it, & said
The Manetto - hath killd my Sister, & I will goe & kill
the Christians; soe taking another with him hee went &
executed this Barbarous ffact.
The next Meeting Agreed to bee at Elizabeth Towne.'
[74] At a Councell held in the Fort *
Octob: 25'.'' 167 1.
Present
The Governor
M' Steenwijck
The Secretary.
1 Cantico, and many other variants, derived from a word of the Delaware
dialect of Algonquian, namely, gintkaan, signifying " to dance," with
different applications. In the above minutes it represents a jollification. — •
Handbook of American Indians, part i, p. 202.
2 On the signification of " Manito " see Handbook 0/ American Indians,
part I, p. 800.
' For this meeting see under November 7, 1671.
• Fort James.
Executive Council Minutes 103
That a Commission bee drawn for y^ Mayo^ & Aldermen
to make Enquiry concerning that great Disorder of a High
Misdemeanour & Gen"." Breach of y" peace, as also the
Disobedience to the Governo" Order & Authority under his
Royall Highness, on Saturday last (being y^ 21*.^ day of this
Month) by George Spurre, Humphry Davenport, & their
Complices, in goeing on board the Ship Expectation, Isaack
Melijen' Command^ riding at Anchor in this Port, under
p'^tence of a Seizure of the said Ship for his Ma".®^
To heare & Determine likewise,
Examine upon Oath &c:
The Co'^.* to sitt To-morrow, at 2 of the Clock Afternoone;
Cap' Manning^ & MF Dervall^ to bee Added to the Bench;
And to bee dissolved upon y" Determination of the Cause.
This as to y^ Publick.
To any Damage done to M'' Melijen, to bee left to a Com-
posure between them, or a Determination by the Law.
[75] At a Councell held y^ 30'.*' day
of Octob: 1 67 1.
Present
The Governor
M'' Steenwijck
The Secretary.
' Isaac Melyn, son of Cornelis and Jannetje Melyn. He was granted letters
of denization " anew " to be " a ffree Denizen of this Place & Province," on
January 13, 1671/2, or a few days before the ship " Expectation " had
been cleared and adjudged to be a free ship by a special court of oyer and
terminer. — . General Entries, vol. 4, pp. 86, 93. In an examination before
the mayor's court, October 24, 1671, Spurre, as commander, appears as
James Sparr and Spragg. Another of his accomplices in the seizure was
Henry Randel. — Records of New Amsterdam, vol. 6, pp. 339-340.
• Collateral and Illustrative Documents, No. LV.
• Captain John Manning.
' William Darvall.
I04 Province of New York [oltJ\o]
The Matter under Consideracon is the Purchase of the
Land of y* Wickerscreek Indyans/ offered to Sale.
Part of it was purchased in y* yeare 1649. as appeares upon
Record.
Showan Orocketts Brother, & other Indyans present being
demanded what they came for, they replyed they come to
sell their Land to the Governo^ They were offered a Price &
could sell it to others, but would not, having more a Desire
that the Governor should have it or the Refusall; It wa&
told them none could buy it without the Governo"
Licence.
Then they went by chalking it out to shew their Bounds,
& what was sold, w'^'' they describe by a small Stroake
alongst the East River.
The Names of those that pretend to bee y" Owners
Ramacc^, Tapongeere, Nepahnickan, Inquus, Nenemarek,
Amanung, Wyrandis, Chemus, Sessepok.
They would reserve a piece of Land for themselves.
It was a[s]kt them how farr it was from Monussing ^ [76]
to Harlem Riv"^, And from John Richardsons ^ Crosse over
to Wijckerscreeke, They answer it is a good halfe dayes
Journey, about 6 hours or 18 Miles in breadth. In length
as before. They say It is a good dayes Journey.
'See Bolton. Hist, of County of Westcliester (1881 edition), vol. 2, pp.
258-270, 506 (note b), 507.
2 Manussing, or Mennewies, an island, in the town of Rye, Westchester
County, about a mile in length, lying east of Poningoe Neck and separated
from it only by a narrow channel. See Bolton. Hist, of the County of West-
chester (1881 edition), vol. 2, pp. 130-131, 161.
' John Richardson was one of the two original patentees of West Farms,
now included in Bronx Borough, New York City. For an account of him
and his land tenure, see Bolton, vol. 2, pp. 433-439, and compare for dis-
crepancies with his wUl in Collections of N. Y Hist. Society, 1S92, pp. 64-65;
for the purchase from the Indians by him and Edward Jessop, March 12,
1663,4, see Deeds, vol. 2, pp. 79-80. His widow, Martha, was married to
Thomas Williams, mariner, of Westchester.— Pelletreau. Early Wills of
Westchester County, p. 394.
Executive Council Minutes
105
It is 3 dayes Journey about in Circumference. It being
askt, Now they aie beaten off by the Maques, how they
can make a good Title thereunto if it were sold ? They say
the Maques will not say they have any pretence to their
Land, though being at Warre they would destroy their
Persons, & take away their Beavers & Goods. '
It was demanded what Meadow or Valley did belong to
their Land, They say there is a great deale of Meadow
within the Land.
They are bid to consider of what price they will Ask for
their Land, & give an Answ^ about two a Clock, Afternoone.
The Acco? they returne of their Price is
300 fathom Wamp?
30 — Match-Coats
10 — Blancketts
5 — Cleat Cloths of Duzzines
30 — Kettles
30 — Gunns
20 — Skirts
20 — paire Stockings
30 — Hatchetts
J
30 — Chipping Axes
50 — Knives
30 — Barrs of Lead
J — a Barrel of Powder
2 — J fFatts of Beer
I Anchor of Rumm
3 Howe's -
' In a primitive and religious sense, the Indian " conceived of the earth
as mother, and as mother she provided for her children," hence the land
"was not regarded as property," but, like the air, was necessary to life and
"not to be appropriated by an individual or group of individuals to the
permanent exclusion of others." Occupancy for planting came in time to
establish "a claim or right to possess the tract from which a tribe or aa
individual derived food. This occupancy was the only land tenure
recognized by the Indian; he never of himself reached the conception of
land as merchantable, this view having been forced on his acceptance
through his relations with the white race." — Handbook of American Indians,
part I, p. 756.
» Hoes.
io6 Province of New York [^o^.\]
[77] At a Councell held by Mutuall
Agreement at Elizabeth Towne in
New Jersey by y^ Governo^ of his
Royall Highness Territoryes, & y^
Governo^ under the Lords Propri=
=etors of the Province of New Jersey
y* 7'^ day of Novembe'' in y^ 23"^
yeare of his Ma"?^ Reigne, Annocp
Domini 167 1.
Pres*—
Governo'^ Lovelace
Gov : Carterett '
M'' Steenwijck
M*^ Tho: Lovelace
Cap' Berry ^
M"^ De La- Praire ^
M' Pardon *
M' Nicolls.
Vpon serious & mature Consideration of what hath been
returned by the Officers of Delaware in Answer to the late
Ord":^ sent thither, concerning the Barbarous Murder com-
mitted by some Indyans on the East side of that River upon
' Captain Philip Carteret, of New Jersey. For family history see Baetjer.
Carteret and Bryant Genealogy. New York, 1887, pp. 3-5.
» Captain John Berry, deputy governor of New Jersey, who had come to
East New Jersey from Barbados, in 1669. For a sketch of him and his
family see A^. Y. Geneal. and Biog. Record, vol. 15, pp. 49-57.
' Robert Vauquellin, Sieur de la Prairie, a native of Caen, in Lower Nor-
mandy, France, who came over with Governor Philip Carteret in 1665, having
been appointed by the proprietors, Berkeley and Carteret, as surveyor general
of their domain in America. See sketch in Hatfield. Hist, of Elizabeth,
N- /., pp. 97-99-
* William Pardon, of Elizabeth, N. J., member of Carteret's council, deputy
secretary, and later receiver general (1674) and justice of peace (1676). —
N. J. Archives, vol. 21, pp. i, 8, 22, 33, 34, 37, 39, 42, 43, 59. For sketch
see Hatfield. Hist, of Elizabeth, N. J., p. 170.
Executive Council Minutes 107
two Christians at Matiniconck Island,' It is resolved & Con-
cluded upon as foUowes.
Inp"'' — That this p'^sent Season of y^ yeare is not a fitting
time to Commence a Warr w"^ y^ Indyans who shall take
part with the Murderers, as well for the Reasons given in
Writing from y° Offic" at Delaware, as for other Causes
debated in Councell; soe that the p''sent intended Expedition
thither is deferrd untill a more convenient Opportunity.
That in the meane-time all Endeavo" bee used 0[f]
persons in Authority in Delaware to [78] have the Murdero"
brought in either dead or alive; fFor the accomplishing
whereof, if any Reward shall bee proposed or promised by
the said Offic" for the bringing them in, the same shall bee
punctually made good. And for that it may soe happen that
the Malefacto^? by some Stratagem or otherwise may bee
taken alive, a Commission shall fortwith bee granted by his
Royall Highness Governo'', & here w'.*^ sent empowering
& Authorizing the Offic" & Magistrates who shall therein
bee named to bring them to condigne Punishment by put-
ting y^ said Murderers to Death in the most Publick &
shamefull manner that may bee, soe to strike a terrour &
Consternation in the rest of y" Indyans who shall see or
heare of the same.
3. Whereas some Resolutions & Ord" have been lately
made at Delaware of their Intentions to retire into Townes
for their better safety & Security against the Indyans in
case of a Warr, y® said Resolutions are very well approved
of; And it is Ordred, That at their best & soonest Conven-
ience they bee putt in Execucon accordingly.^
4. The like Resolucon proposed as to Matinicock,^ & It
' Collateral and Illustrative Documents, No. LIV.
2 Collateral and Illustrative Documents, Nos. XXXV and XLVIII.
• Matiniconck Island.
io8 Province of New York [nc?v!M
being a ffrontire Place, it is also allowed and approved of; &
shall bee done at the first Convenient time & Season.
5. It is also Ordred, That the Inhabitants at New Castle
& parts adjacent upon Delaware River [yg] bee digested
into severall Companyes as y'' Townes & number of Men will
permitt; & upon returne of the Names of the Officers that
shall bee chosen amongst them to have the Command of
such Companyes they shall have Commissions for their
respective Employments under his Ma"^^ Obedience. In
the meane time those Officers that shall bee chosen, are to
Act & proceed w'-' allowance till they bee confirmed.
6. That every Person that can beare Armes from 16 to
60 years of Age, bee allwayes provided with a convenient
proportion of Powder & Bullett fitt for Service, and their
mutuall Defence, upon a penalty for their neglect herein
to bee imposed by the Commission Officers in Command
according to Law.//
7. That y" quantity or proportion of Powder & Shott to
bee adjudged competent for each person bee at least one
pound of Powd', & two pound of Bullett. And if the
Inhabitants in the River shall not bee found sufficiently pro-
vided w"^"^ for Armes, his Royall Highness Governo- is willing
to furnish them out of the Magazine or Stores, they being
accomptable & paying for what they shall receive to the
Governour or his Order.
8. That the Places where the Towne-ships upon y^ River
shall bee kept bee appointed & Agreed upon by the Schout,
Commissaryes, & the rest [80] of y" Offic'^^" according to
their Proposall sent, as also where the Block-Houses, &
Places of Defence shall bee erected as well in the Towne as
in the River.
9. That all former Prohibitions of selling Powder &
Ammunition to the Indyans under what penalty soever bee
I-D«!'5] Executive Council Minutes 109
suspended, or left to the discretion of the Officers as they
shall see Occasion untill further Order.
10. That noe Come or Provision bee transported out of
Delaware, unlesse that which is already on board, or intended
to bee shipt in y" Sloope ' of Thomas Lewis (now in that
River) for y^ wf^ hee shall have a Speciall Licence or Permitt,
untill further Order.^
11. That y*" Offic'^^' & Magistrates at Delaware bee hereby
Empowered & Authorized to treat with the Neighbour
Indyans of the Susquehanos or others to joyne together
against y^ Murderers & such as shall harbour them or take
their part, if Occasion shall require, & to promise them
such Reward as they shall think fitt. Provided it bee done
with great Privacy & Caution, soe that noe sudden Jealousy
bee given to the Persons intended to bee prosecuted or their
Confederates.
12. And Lastly that the afore-recited Officers & Magis-
trates upon all emergent Occasions doe take Care by all
Means that shall present [81] as well as by Expresses to give
an Acco* hither of what from time to time shall happen there
in relation to this matter, w"^*^ said Expresses & Messengers
shall bee well & duely satisfyed for their paines and trouble.
At a Councell held &c:
Decemb: 5'.'' 1671.
Pres*
The Governo'
M^ Delavall
M^ Steenwijck
The Secretar.
' Thomas Lewis was master of the sloop " the Royall Oak." She also
plied between New York and Boston. — General Entries, vol. 4, p. 139 (Jmie,
1672)
' Collateral and Illustrative Documents, No. LVI.
1 lo Province of New York
Cap' Salisburyes ' Peticon first discoust [sic] of, & sus-
pended untill next Meeting, when ffredrick Gijsbert & Mr
Sharpe ^ are to have Notice to give their Attendance.'
D° Samuel Drisius * his Peticon about his Salary as Minist^
being taken into Consideration, It is thought fitt in lieu of
all his p''tences of Salary, & for y* tw^o yeares since hee
received any, w^^ will bee compleated in the Month of
January next, that there shall bee allowed him the Summe
of one hundred pounds, w^*" the Governo'^ will pay, as for
one entire yeares Service; the other yeare or the greatest
part thereof, hee being soe distempered [82] as that hee was
incapable of performing y" Ministeriall ffunction.
However if that bee not thought sufficient It is recom-
mended to y^ Elders & Deacons of the Church to make
him some farther Compensacon.* ^
Vpon w"^!" an Ord^ — as followeth.
D°° Drisius. Vpon y^ Peticon of D"^ Samuel Drisius, That his Salary
might bee made good to him as formerly, hee being in
Arreare for neare two whole yeares to bee compleated in y"
beginning of the Month of January next. The Governor
& Councell having seriously taken y'' p'^misses into Con-
sideracon, & withall being very sensible that the said Domine
for at least one halfe of the time was by Gods Visitation soe
1 Captain Sylvester Salisbury.
2 Fredrick Gijsbertsen and John Sharpe.
= Collateral and Illustrative Documents, No. XXXVIII.
' Rev. Samuel Drisius, who could preach in Dutch, English and French,
had come to New Amsterdam in 1652 and continued under Dutch and Eng-
lish rule, dying in the city, April 18, 1673. Latterly, he suffered from
" weaknesse " and " a failure of memory," incapacitating him in his ministry.
In 167 1, Aegidius Luyck, teacher of the grammar school, assisted Drisius
in his ministrations. — ■ Corwin. Manual of the Ref. Church in America, fourth
edition, pp. 433-435; Ecclesiastical Records of N. Y., vol. i, pp. 612, 617,
623. On the salary arrears, etc., see also Records of New Amsterdam, vol.
6, pp. loi, 174, 240-241, 292, 300, 365, 396; General EtUries, vol. 4, p. 47.
' Collateral and Illustrative Documents, No. LVII.
Executive Council Minutes 1 1 1
distempered, that hee was render'd incapable of exercizing
the Ministerial! fFunction, for the which hee was to receive
his Salary, They doe think it reasonable that hee shall bee
allowed the Salary of one yeare only in lieu of all pretences
for the time past, the w''*' his Honf y* Governo'' on behalfe
of his Royall Highnesse is well content forthw'.'^ to cause
to bee paid unto him or his Ordr, without laying Imposicon
on y"^ Towne for any part thereof; However if that shall not
bee thought sufficient, It is recommended to the Elders &
Deacons of the Church to make [83] him such further Com-
pensation as by them shall bee judged meet, and for the time
to come doe Order that his Salary goe on as heretofore.
By Ord' &c:
A Peticon preferrd from Coenraat ten Eijck ' & Boel jCoenraat
RoelofFs,^ about their Trust for an Orphans Estate,^ w'"'* was ' "* '•''^ '
1 Coenraet ten Eijck or Ten Eyck was a shoemaker and tanner of New York
City. For his will see Collections of N. Y. Hist. Society, 1892, p. 143; and for
family history see Talcott. Genealogical Notes of New York and New
England Families, p. 228.
2 Boele Roeloffsen.
3 The case is that of Victor Bicker, an orphan and surviving minor child
of Gerrit Bicker and Aeltie Lubbertse. After his father's death, his mother
was married to Nicholaes Vellhuijsen, widower of Jarmeke Willems. In
1664, when Victor Bicker was eleven years of age, his mother also died,
leaving an estate for his support, over which Ten Eyck and Roeloffsen were
appointed guardians. In this capacity they invested two thousand florin,
seawant, as a loan on interest to the city government of New Amsterdam.
The English capture of New Netherland and confiscation of the property of
the West India Company affected not only the payment of the interest on
the loan, but tied up the principal itself. On October g, 1666, the guardians
petitioned the mayor's court of New York City for the payment of the interest
that had accrued since 1664 and " that hereafter the accrued interest of the
aforesaid capital may be promptly paid on the day due, until the s4 City
shall have discharged aforesaid capital." Moreover, they declared there
were no other means for the boy's support. The court requested them " to
wait yet a little while longer," until the effects of the West India Company
were sold. On June 23, 1668, and March 2, 1668/9, the guardians requested
the coiu-t to pay both principal and interest. Meanwhile, Victor Bicker
passed out of his schooldays and was apprenticed to Johannes Harberding,
1 1 2 Province of New York [ v!c.\ ]
lent heretofore to the Burgo-Mast"?, & promis'd to bee
repaid &c: — being taken into Consideration, this following
Order was made thereupon.
The Peticon of Coenraat ten Eijck & Boel RoelofFs being
taken into Consideracon, wherein they sett forth, That
being Trustees for an Orphans Estate, part thereof was
heretofore lent to the Burge-Mast"? for the use of the Towne,
but the alteracon of Governm* happ'ning they cannot gett
the same repaid, soe that they having engag'd to give a
certaine Sume of Money for the use of the Orphan to binde
him out Apprentice, they are condemned to pay the same
out of their own Purses, w'''' proves a great p'^judice & Detri-
ment unto them; The Premisses being a Busyness of Con-
sequence, wherein diverse persons are in like manner
concern'd with the Peticoners, both as to the Debts of the
West India Company & the Towne, many laying Clayme
a shoemaker, who taught the lad his trade, under a contract with the guardians
for the sum of 150 florin, seawant. Harberding brought suit against the
guardians at the mayor's court, on February 7, 1670/1, for payment of the
apprentice money and fifty guilders more which he had disbursed for the lad's
necessities. The guardians acknowledged the debt but pleaded that the
estate covUd not pay unless the city liquidated its debt and returned the
principal, or at least paid Harberding's claim on account. Singularly enough,
" Uppon hearing the debates of both Parties the Worshippl' Court did decree
and order that the def'.^ [Ten Eyck and Roeloffsen] should pay [out of their
own funds] the s? debt to the Pl' [Harberding] within the space of three
Months, and that the s? boy shall worke it out till the Def'f be repaid, and
Concerning the def'.^ fiu'ther desire the Court do referre them to his honnf
the Govr unto whom it properly doth belong." Accordingly, as the council
minutes show, they preferred a petition to Governor Lovelace. However,
the principal continued unpaid and, meanwhile, the province was retaken
by the Dutch. On June 26, 1674, the guardians requested the court of
schout, burgomasters and schepens for payment of the two thousand florin,
seawant, " lent in the year 1664 to the City on interest, according to the
bond signed by the Burgomaster etz. Whereupon the W. Court answered
them, that they shall speak to the Governo'' [Colve] to make the matter as
siu"e as possible for the advantage of the Orphans " [sic]. — Records of New
Amsterdam, vol. 6, pp. 38-39, 138, 170, 282, 284, 288; vol. 7, p. 104; N. Y.
Colonial MSS., vol. 22, p. 6; Minutes of the Orphan Masters of New Amster-
dam, vol. I, p. 95.
Id«!'s] Executive Council Minutes 113
to have Moneys due unto them [84] & others detayning
Publick Moneys in their hands, w'^'^ probably might bee
sufficient to make Satisfaction for all just Dues; To y^ end
a right Vnderstanding may bee had hereupon, the Governed
& Councell have thought fitt to Order that Commission"
shall in some short time bee appointed to view & state all
Acco'? either of the West India Company or the Tovi^ne, as
to their Debit & Credit, & make Report thereof how they
shall finde the same to the Governo!" who will then give
such further Order thereupon as shall bee most conso-
nant to Justice & good Conscience. In the meane time
the Peticoners are to suspend any further Suite upon this
Occasion.
The Comn'^^'^ to bee —
M"^ Tho: Lovelace.' M^ Johes V: Brugh =
M"^ Corn: Van Ruijven. M*^ Johes de Peijster.'
By Ord^ &c
I Thomas Lovelace, a brother of Governor Lovelace. He vpas appointed
an alderman of New York City, October 13, 1671, and was commissioned
captain of a foot company of Staten Island, on July i, 1672, being confirmed
therein on February 4, 1672/3. — General Entries, vol. 4, pp. 53, 171, 254.
- Captain Johannes Peterse van Brugh.
'Johannes de Peyster (Peister, Peijster), whose ancestors were compelled
to leave France after the massacre of St. Bartholomew, in 1572, was born in
Haarlem, Holland, where he married Cornelia Lubbertse, a native of the same
place. He was the first member of the family that emigrated to America,
and settled at New Amsterdam, of which he became a schepen in 1655. Gov-
ernor NicoUs appointed him an alderman of New York City, on June 12,
i665, and he served until August 13, 1668. Again, on June 7, i66g, Governor
Lovelace appointed him to fill a vacancy in the board, of which he continued
a member for several terms thereafter. Upon the resumption of Dutch
sovereignty, in 1673, he became a burgomaster; subsequently, under English
domination, he served as alderman (1676), deputy mayor (1677), and was
chosen mayor of the city, on October 15, 1677, but declined the post. —
Orders, Warrants, Letters, vol. 2, pp. 75, 161, 176, 215-216, 430; Court of
Assizes, vol. 2, pp. 409, 429, 598; General Entries, vol. 4, p. 220; De Peyster
and Watts Genealogical Reference. Poughkeepsie, 1854, pp. 21, 38-41; Local
Memorials relating to the de Peyster and Watts and affiliated Families. New
York, 1 88 1, pp. 36-38.
[8]
114
Province of New York
r 1671 1
I Dec. 5 J
ffrancis de ) The Peticon of ftrancois de Bruijne ' being taken into
Brijne. ! Consideracon, this Order was made Viz^ —
Vpon y*" Peticon of fFrancois de Bruijne against the
Inhabit'.^ of Gravesend, touching their neglect of making
up their ffences- according to Agreem', It is Ordered That
y" Examination hereunto bee referr'd to the next Court of
Sessions, who are to make some Order [85] thereupon, That
y" Agreem? made between y^ Parties above-mentioned bee
punctually observed, w"" some Penalty to bee imposed on
them who are or shall bee in default.
By Ord^ &c
Breucklyn The Peticon from Breucklin, about a Lott there con-
fiscated to the Duke,^ — had an Order as foUoweth.
' Francois de Bruyn alias Francis Brown, who had removed to New Utrecht,
L. I., in 1663, owned a farm there " commonly called y- Turcks Plantacon,"
for which he had obtained a patent from Governor NicoUs, on June 11, 1667.
He sold this land, March 18, 1671/2, to Barent Joosten, of Bushwick, and
Jan Hansen, of Flatbush, for which his widow, Anna de SUle, gave a quit
claim, on April 11, 1676, in which month she received a pass for herself and
twelve children to sail for London. He had several disputes with the town
of Gravesend over his land rights and, in August, i66g, lodged a complaint
with Lovelace for molestation in the ownership of a parcel of meadow belong-
ing to his farm, which Gravesend claimed as of right belonging to that town.
The case was taken to the court of assizes in November, in which he was
defendant. He was given a verdict by the jury, but an appeal was granted
and the jury's verdict was disarmulled. A commission having been appointed
to survey the land in controversy, reported to Lovelace, who awarded to the
town of Gravesend two-thirds and to Bruyn one-third of the meadow, in
April, 1670. On March 7, 1669/70, he and a company of associates were
given a monopoly of catching porpoises in and about New York Bay, for a
term of twelve years. After the sale of his plantation at New Utrecht, he
seems to have resided at Flatbush. Upon the recapture of New York by
the Dutch, he was, on August — , 1673, appointed secretary of the district
of the six towns on Long Island which had submitted to the new authority. — •
Deeds, vol. i, pp. 101-102; Orders, Warrants, Letters, vol. 2, pp. 405, 518;
Court of Assizes, vol. 2, pp. 210-213, 414, 42S, 483, 494, 551; Brodhead.
Hist, of N. Y., vol. 2, p. 214. See sketches in Bergen. Kings Co. Settlers,
pp. 86-87; N. Y. Geneal. and Bios,. Record, vol. 10, pp. 35, 85-86.
2 Collateral and Illustrative Documents, No. LVIII.
> Collateral and Illustrative Documents, No. LIX.
',vec.\] Executive Council Minutes 115
Vpon y" Peticon of y"^ Inhabit'.' of Breucklin about a Lett
of Land in their Towne heretofore belonging to Charles
Gabry, but since confiscated to his Royall Highness; ' It is
Ordered that it bee referr'd to y" next Court of Sessions to
make Enquiry into the value of the Premisses, soe that it
may bee made over to the Towne for their Convenience,
they paying some yearly Rent Charge or Quit Rent to bee
reserved thereupon.
By Ord^ &c:
A Peticon from Nevv^towne about their Bounds between Newtowne.
them & Boswick,- upon which this Ord"^ went forth —
Vpon the Peticon of y° Inhab'? of Newtowne that some
indifferent Persons might bee appointed to view & Lay out
the Bounds between [86] them & their Neighbo" of Bos-
wijck; It is Ordered That on each part they bring in their
Patents or p''tences to the next Court of Sessions, who are
to make Enquiry thereinto, & to make Report of their Judg-
ments therein to y" Governo'^//
By Ord-^ &c:
Fredrick Lubberts ^ & Mons!' Heynelle,^ the Agreem'
made between them & confirmed by the Governo!" to bee
Observed.'
Staten Island Settlem', to bee further considered of by the
'On this confiscated land of Charles Gabry (Gabrije), see Stiles. Hist, of
the City of Brooklyn, vol. i (1867), pp. 82-83.
2 Collateral and Illustrative Documents, No. VIII.
' Fredrick Lubbertsen, of Brooklyn. On his landholdings and for sketches,
see Stiles. Hist, of City of Brooklyn, vol. i, pp. 63-69; Bergen. Kings Co.
Settlers, p. 194. .
• Captain Michiel Heynelle (Michael, Michiell, Michil Hainelle, Haynell),
of Bedford (Brooklyn), whose wife was Hendrika Strokels. On February 3,
1672/3, he was granted a license " to sell Wine or Strong Liquo'i^ by Retayle "
in his house in Brooklyn. — General Entries, vol.4, P- 256; Stiles. Brooklyn,
vol. 1, pp. 49, 427; Bergen. Kings Co. Settlers, p. 130.
' Collateral and Illustrative Documents, No. LX.
1 1 6 Province of New York [c'e'c^'sl
Governor; only y° Names of those who have Lotts given
them, to bee affixt publickly within a certaine time to bee
given, by the which they are to fFence in their Home Lotts.
The time allotted the first of May.// '
Encouragemen' for y" ffrench MinistV who proposes to
bring over some ffamilyes of Protestants at his returne back
hither, hee being designed into Europe.
His Proposalls are approved of, & hee to have all
Encouragem' '
About ffencing of Towne-Lotts &c:
That every one bring in their p'^tences to any Ground or
Lott in or about the City, by y"^ first or second day of March
next, when they are to bee enjoyned to fFence [thesje: &
build."
[87] About y" Militia of y*" City a third Company is to bee
made, & that an Ordr bee sent forth to the Officers to repre-
sent the Names of some Persons for to bee Officers in the
New Company.^ The Troope of Horse to bee further
consider'd of.*
Cap' Wilkins ' his ffine to bee remitted ^.
The Ord'i'* about y" Murder made here & at New Jersey,
read.*
Mr Delavall declared what past at the making the peace
at Albany between the Indyans.^
It is Ordered, That whatsoever Mr Delavall & the Com-
mission'" have done in making of the peace between the
> Collateral and Illustrative Documents, No. XXXI.
'Rev. Jacques Roullaud.
' Collateral and Illustrative Documents, No. LXI.
' Collateral and Illustrative Documents, No. I.XII.
6 Collateral and Illustrative Documents, No. LXIII. See also Records of
New Amsterdam, vol. 6, p. 357.
5 Collateral and Illustrative Documents, No. LXIV.
' Captain William Wilkins, of Gravesend.
' Collateral and Illustrative Documents, No. LIV.
' Compare Collateral and Illustrative Documents, No. XIX.
[jan'^ii] Executive Council Minutes 117
Maques & Mahicanders ' is very well approved of, & hee
hath thanks given him for his Care & paines therein.
About Youncker Voschs Estate,- That it bee secured in
the best manner it can bee untill some v^ray can bee proposed
for its Disposal, w"^^ is referr'd to y" Court of Sessions, to
make Report thereof to the Governo'^
[88] At a Councell held &c:
Jan: ii'-'' 1671.
Pres*
The Governo''
Mr Delavall
Mr Steenwijck
The Secretary.
The Matt'^in difference is upon the Peticonsof Mr Badgard,^
' Mohawks and Mahican. The latter were also called River Indians, North
Indians, Northern Indians and by the French name of Loups. See Haiidbook
of American Indians, pp. 786-789; Ruttenber. Indian Tribes of Hudson's
River. Albany, 1872.
^Collateral and Illustrative Documents, No. LXV. Balthazar de Vosch,
of Flatlands, L. I., fled the country, leaving behind him a number of debts,
shady transactions and a complicated estate. His wife, having been granted
a pass, on July 4, 1670, to go to Holland in the ship " Fame," left his affairs
unsettled, and on October 21, 1670, Captain Elbert Elbertsen and Jacob
Strycker were appointed as trustees to take possession of his estate. Pie
was called also Joncker Vosch in the records. — Court of Assizes, vol. 2, p. 562 ;
Collections of N. Y. Hist. Society, 1892, p. 12; Records of New Amsterdam,
vol. 6, p. 217. See sketch in Bergen. Kings Co. Settlers, pp. 381-382.
' Thomas Badgard or Badgord, was a merchant of New York City, who
died intestate in 1672. The administrators of his estate, on October 21,
1672, appointed William Crichlow " as a Trustee " entrusted with the settle-
ment of " some Concemes " of Badgard in Barbados and the island of Jamaica.
At the mayor's court of New York City, March 19, 1671/2, Thomas Walker
was non-suited for not appearing after his suite against Badgard had been
put over from time to time, and was ordered also to pay the costs. — Collections
of N. Y. Hist. Society, 1892, p. 26; General Entries, vol. 4, p. 222; Records
of New Amsterdam, vol. 6, pp. 342, 365.
Ii8 Province of New York hinJ\x]
M' Ripley,' & M' Darvall^ against M' Walkers^ Bond given
at Jamaica, w*^ M*^ Christopher Davis, & M^ Ripley to
returne thither in fFebruary next.*
The Two Depositions Attested at Boston, the one that
M"^ Davis paid ten pound odd money for M' Walker, & the
other that hee gave Bond for 29" 19? for Porke w*^*" M-
An Ord'' tol Walker had before his Vessell went into the Bay of Cam-
the w=h to Ipechio being taken into Consideracon, It's thought reason-
' able, That hee pay the said two Sumes here to M"' Darvall
as Attorney of M"^ Badgard M"^ Davis his Attorney, or give
Security to pay the same at Jamaica; M'' Darvall obliging
himselfe to save M*^ Walker harmlesse, & repay the same
if M^ Davis hath not paid y'^ said Sumes, or hath been satis-
fyed otherwise.
As to the Bond, That the Pinck ^ shall returne to Jamaica,
in the w'^'^ Mr Ripley & M'' Davis are bound w"^ Mr Walker,
It is likewise thought fitt, that M^ Walker sha[ll] take Mr
Ripley on [89] board w'-'^ him his Voyage to Virginia, &
from thence to Jamaica, directly; for y" Prosecucon of the
which Voyage, & to save his Security Mr Davis & Mr
referr.
■ William Richard Ripley, generally Richard Ripley for short, was com-
mander of the pinck called " y"^ Batchelours Delight," trading between New
York and the island of Jamaica. Thomas Walker sued Ripley at the mayor's
court of New York City, October 28, 167 1. He declared that Ripley was
" indebted unto him for provisions & Tooles Delivered for the Compechio
[sic] Voyage to the pinck Batchelors delight " and " alsoo for the Intrest of
the s'.' mormy Laid out for the s? provisions St Tooles and for the Losse of
three Boats as p^ account the suiiie of £128: 11: 3 Sterlingh," for which he
asked judgment with costs. The jury found for Walker; the court concurred,
and an execution was issued out on November 24, 1671. Ripley, however,
left the province in 1672 " without satisfying the s.' Execution." — Geyieral
Entries, vol. 4, p. 52; Records of New Amsterdam, vol. 6, pp. 341, 378.
2 William Darvall.
» Thomas Walker, merchant of London, and half owner of the " Batchelours
Delight."
' Collateral and Illustrative Documents, No. LXVL
' The reference is to the ship named " Batchelours Delight."
Opposite p, 119.
../ J
DRAUGHT OF LAND IN DISPUTP: BETWEEN PELL AND RICHRELL.
(Reduced from 6'-; by SVi inches.)
ljan7L] Executive Council Minutes i ig
Ripley harmlesse, hee shall enter into an Obligation to M''
Ripley engaging his Ship & person for the same.'
At a Councell held at y" Fort
Jan^X iS'J' 1 67 1.
Present
The Governor
MrDelavall
M^ Steenwijck
The Secretary.
The Matt"' under Consideracon was y^ difference between
M' Pell & M^ Richbell.2
The Commission"? Papers delivered, Sealed up, were now
opened and read.
Cap' Dudley Lovelace, & Cap? Jaques [Cortelyou] in a
manner Agree, yet referr to a Tree in the middle of the
third Neck, markt on the one side w-'' J. R Eastward, on y®
Westward with T. P. w'^'^ would divide y^ Meadow between
them.//
• Collateral and Illustrative Documents, No. LXVI.
= Collateral and Illustrative Documents, No. LXVII. Thomas Pell, of
Norfolk, was an Englishman and adherent of the royal cause, who, in 1654,
purchased a large tract of land, including the to^vn of Pelham, Westchester
County. He died at Fairfield, Conn., in 1669, and made his nephew, John
Pell, only son of Dr. John Pell " of ould England," his heir. His plantation
or manor in Westchester County was known as " Anne Hooks Neck," and
he died while the litigation with John Richbell was in progress. Singularly
enough, Richbell was one of those who were appointed to make an official
inventory of Thomas Pell's estate, on October 13, 1669. — Brodhead. Hisf.
of N. v., vol. I, p. 595; Collections of N. Y. Hist. Society, 1892, pp. 11, 12;
Court of Assizes, vol. 2, p. 423a, 550, 562 See also Bolton. Hist, of County
of Westchester (1881 edition), vol. i, pp. 468-469; vol. 2, pp. 44-49. Jacob
Young, a resident of Poll's manor, was sworn in as constable, February i,
1670/1. — Court of Assizes, vol. 2, pp. 639, 641. Young later removed to
Phillipsburg and was survived by his wife, who was married to John Tanke. — •
Pelletreau. Westchester County Wills, p. 388.
I20 Province of New York [ja'a^'s]
M"' Elyas Doughty declares positively of [90] M"^ Richbells
Bounds by Purchase to bee Stony Brooke.//
M"" Ponton saith, That y'' Brooke menconed in both
Patents is the same; & that hee hath known the afore
named Cedar Tree or Gravelly Brooke to bee called by
that name for 16 yeares. And concerning that w'^^ is now
called Stoney Brooke, it was formarly called Chapmens
Brooke or Stoney Brooke.
ffrancis Yeates ' saith that in his Judgment M^ Pells
Bounds comes to Gravelly or Cedar Brooke.
An Ordf to! Vpon perusall & Consideracon had hereupon, two of the
^'^ f^Commission!^ making Report, That between the two Brookes
now called Stoney & Gravelly Brookes, there being a Tree
markt on the East side with J. R. & on the West w"" T. P.
from y" which if there were a Line run directly down to the
Sound,^ It would divide the Meadow in difference between
both Partyes, & putt an End to y" Matt' in question, &
neither of the other three agreeing amongst themselves
as to their Opinion of the Bounds, The Governo'' being very
desireous of an Amicable Composure of the Matter between
both Partyes, doth recommend the same unto them; How-
ever if either Party shall not seem satisfyed herew'.'', that
then they have Liberty to proceed to a Tryall at a Speciall
Co" according to the Ordr of the last Gefi^' Co"^ of Assizes;
of their Resolutions hereupon a speedy Answ'' is expected,
that Order may bee taken accordingly.^
■ Francis Yates, of Westchester. For his will dated November 29, 16S2,
and proved February 3, 1682/3, see Collections of N. Y. Hist. Society, 1892,
p. 123.
' Long Island Sound.
' Collateral and Illustrative Documents, No. L.WII.
Present
Executive Council Minutes 121
[91] At a Councell held in Fort
James. May y* 17'.'' 1672.
The Governo' |
Cap' Delavall
MT Steenwijck V
Cap? Willett.
The Secretary J
Cap? Salisburyes Peticon.
That y^ Rent bee adjudged due to y^ Duke from the Publi-
cation, & that it bee paid to Cap' Salisbury, who alledges
the Gift of it from Cott: Nicolls.'
The Letter brought by M' Paine - discourst upon, Mr
Paine is desired to make his own Proposalls, of the w'^'' hee
hath time to consider a day or two.^
Hendrick Jansen's Busynesse about his Land hee hath
possessed above 10 yeares. That it bee confirmed to him to
dispose of as hee pleases/
Boswijck & Newtowne, y* Bounds to bee Survey'd &
viewed by y® Surveyor Gen^", & Report made thereof that
it may bee issued.^
Schanechtade Tappers to continue untill M*" Delavalls
& Cap.' Willetts ' goeing up to Albany, who are to examine
into y^ Mattf '
[92] As to Delaware Busynesse referr'd to y'' Councell.'
First — About y^ Towne of New Castles being a Cor-
poracon, It's allowed of. And that it bee a Baylywick, &
■ Collateral and Illustrative Documents, No. XXXVIII. ' *
'John Paine.
' Collateral and Illustrative Documents, No. LXVIII.
" Collateral and Illustrative Documents, No. LXVIII (a)
' Collateral and Illustrative Documents, No. VIII.
• Thomas Delavall and Thomas Willett.
' Collateral and Illustrative Documents, No. LXIX.
* Collateral and Illustrative Documents, No. LXX.
122 Province of New York [uay'n]
Governed by a Bayly & six Assistants after the first yeare,
4 old ones to goe out, & 4 other to bee chosen in their Places.
The Bayley to bee President & have a double Vote, a
Constable to bee chosen by the Bench.
To try Causes as farr as loH without Appeale.
As to y® 2? y^ English Lawes according to their Desire to
bee Establisht in that Towne & River;
And y^ Office of Schout to bee Converted into a Sheriffe for
the Corporacon & River, & that hee bee annually chosen.
It's to bee further considered of, when Cap' Cantwell '
comes, if it bee before Cap? Carrs - goeing zwzy.ff
As to the third, to have free Trade without being obliged to
make Entry here. That y'^ Determinacon hereof bee sus-
pended untill Advice bee sent about it out of England, or
other Consideracons had thereof.
Concerning the Certificate about y^ Whorekill, That
Cap? Carr shall have Instructions hereupon at his Returne.^
The Agreem? made by Mt Delavall between Cap? Topping*
' Captain Edmond Cantwell, whom Lovelace had commissioned, on .^pril i,
1672, during the governor's visit to Newcastle, as " Captaine of y° ffoot-
Company risen or to bee risen within the To«-ne of New Castle in Delaware
River & parts adjacent." — A'. Y. Colonial MSS., vol. 20, p. 33. On August
2d, of that year, Lovelace commissioned him " in the Place of Schout to bee
High Sheriffe in New Castle and Delaware River, for the year ensueing;"
and a few days later, the loth, he was empowered to collect the arrears of
quitrents in Delaware, in place of William Tom, who had held that authority
since August 10, 1669, but resigned. — General Entries, vol. 4, pp. 184, 185.
2 Captain John Carr.
' Collateral and Illustrative Documents, No. LXX.
< Captain Thomas Topping, of Southampton, L. I., who, on April 10, 1662,
purchased from the Shinnecock Indians land lying west of Southampton,
together v/ith one-half of the whaling profits and benefits of the beach on
the south shore. Most of this land was deeded to the town of Southampton,
on November 15, 1666, at which time he also conveyed his whaling rights to
John Cooper, of the same town. Topping was appointed by Governor Nicolls
a member of his council in 1664; he became a member of the court of assizes
in 1665, and the same year was appointed a member of the new board of
commissioners of admiralty for the province; he was also commissioned by
Nicolls, on July 11. 1666. as the first member of the newly-created commis-
sioners for Indian affairs in the East Riding of Yorkshire. — Deeds, vol. 2,
[May''%] Executive Council Minutes 123
& y'^ Commission" for Indyan [93] AfFayres approv'd of.
Their Commission to bee call'd in at y- next Sessions.'
The Agreem' made by him w'-*^ y" Whale-Men, securing
the Dukes Interest at Oysterbay; It's allowed.-
That a strict Ord' bee made w"" a Penalty of 50H to bee
Levyed, on such as shall deceive the Duke of his Interest, &
20II of it to the Informer.
Thirteen Barrells to ffinch,^ & 'tother two in M"^ Delavalls
hands to defray Charges.
Peter Jacobs * Request about taking in part of a Loading
of Come at New Jersey, & soe for Boston, touching here,
& taking in the rest of his {Freight;
It's adjudged to bee a Breach ofy Law in that Case provided.
Delaware Expedition to bee borne by the Publick.// ^
M'' Nicolls " his Charges y" first Voyage to Delaware to
bee borne out of y'^ ffines of the Long ffinn.^
pp. 4<^ 50, 54-57, 200-206, 257-258; Brodhead. Hist, of N. Y., vol. 2, pp.
43, 75. S7. For an inventory of his estate, in 1681, see Collections of N. Y.
Hist. Society, 1S92, p. iii.
'Collateral and Illustrative Documents, No. LXXI. In 1671, the com-
missioners for Indian arfairs were William Wells and John Mulford, justices
of the peace; Captain John Howell, Captain John Young, Captain Charles
Glover, and Thomas Baker. On February 23, 1671/2, Barnabas Horton was
appointed to the vacancy created by the death of Wells.^ General Entries,
vol. 4, pp. 14, lOI.
2 Collateral and Illustrative Documents, No. LXXII.
'John Finch, of Huntington, L. I., called "Goodman John Finch." He
died in 1685, aged ninety years. For references to him see Huntitigton Town
Records, vol. 1 (1887), pp. 159, 188, 194, 245, 246, 354, 432.
' Pieter Jacobsen.
' Collateral and Illustrative Documents, No. LXXIII.
' Captain Matthias Nicolls, secretary of the council. He had been appointed
an alderman of New York City by Governor Nicolls, August 14, 1668, and
was continued by Governor Lovelace, August 14, 1669, and again until
October 9, 1670, when he was appointed deputy mayor, during the mayoralty
of Thomas Delavall. On October 13, 1671, he was chosen as mayor of the
city. Both governors charged him with many other trusts.^ Court of Assizes,
vol. 2, pp. 409, 421, 571, 598; General Entries, vol. 4, p. 53; N. Y. Colonial
MSS., vol. 22, p. 108.
' Collateral and Illustrative Documents, No. XI.
124
Province of New York
U1672 ^
ay 17J
Cap' Mannings Peticon about Cap? Blagg to bee con-
siderd of, when they are both heard.'
Cockrams ^ Busynesse to bee by Abatement, proportion-
ably to pay y^ Countrey Rate, hee was accomptable for.'
Here followeth some particular Ord"? about y" Conside-
[ration] * afore-written.
Capt Saiis-1 [94] The Matter in Difference between Cap' Silvest''
f"Ih- r- ^Salisbury & ffredrick Gijsberts,^ having long depended,
berts ] It being about Rent Claymed by Cap? Salisbury from y° s*^
ffredrick Gijsberts for a certaine confiscated House in the
Stone Street granted by Governo'^ Nicolls to the said Cap-
Salisbury; The Premisses being taken into Consideracon,
It's adjudged that the Rent of the said House is to bee paid
to Cap? Salisbury from the time of the Publication of the
Confiscation thereof, although before y^ Date of his Patent,
In regard it's thought to bee the Intent of the late Governo"^;
And the Tenant ought not to pay the Rent after y^ said
Publicacon to any other then whom y^ Governo^ should
direct.
By Ord^ &c:
Maryland
&The
Whorekill
Vpon Consideracon had of a Certificate brought by Cap'
Jn° Carr from New Castle in Delaware River about y^
p'^tences from Maryland to y" Whore-Kill, & their sending
Surveyo"? to lay out Land : " without the Consent or Approba-
tion of the Officers there under y*" Protection of his Royall
' For the details of this case see infra, minutes of May 20. Captain John
Manning was at this time high sheriff of Yorkshire, serving in that office
from September 7, 1671, in succession to Robert Coe, until June 30, 1673.
His petition, evidently, was directed against Captain William Blagg. —
General Entries, vol. 4, pp. 26, 129, 201.
2 John Cockram.
' Collateral and Illustrative Documents, No. XXXII.
• Original mutilated.
» Collateral and Illustrative Documents, No. XXXVIII.
• Collateral and Illustrative Documents, No. LXX.
Uly'iTJ Executive Council Minutes 1 25
Highness, who withstood their Proceedings therein, It is
Ordred That y^ Magistrates there bee vindicated in what
they have done, to whom a Letter of Thanks is to bee sent,
& it is Hkewise expected that they continue in their [95]
Observance of such Ord" & Directions as they shall receive
from this his R: Highness Governm' & none other, untill
his Ma*!" or his Royall Highness Pleasure bee signifyed
to the contrary.
By Ord^ &c:
Vpon y^ Peticon of Hendrick Jansen of Mashpeth-Kills, THendrick
that hee might have a Confirmacon of a piece of Land J'^"^^" °f
graunted him there by the Dutch Governor, the w^^ for 1 Kills his
severall yeares hee had Possessed and manured, in like Land Coa-
manner as other his Neighbo" have had, who were seated ^ "^"^
there by Ordr from y^ Governor, It is Ordered, That the
said Land bee Confirmed unto him to dispose of at his
Pleasure.
By Ord^ &c: ■
A Peticon from y'' Inhabit'.^ of Boswiick being taken intoi^^^'^i'^
^., - 1-. . -J (Inhabit*^
L-onsideracon, wherem they request that some period may
bee putt to y* difference between them & Newtowne, about
their Bounds & Limitts, concerning the vv^'^'" there hath been
soe long Controversy & Dispute, It is Ordre'd [96] That y"
Bounds in question shall bee viewed & Survey'd by the
Surveyo^ Gefi^!',- and Report made thereof to y'^ Governo'',
that the Matt"" in difference may at length bee issued, & noe ♦
farther Dispute bee had upon the same.^
By Ord^ &c:
' Collateral and Illustrative Documents, No. LXVIII (a).
* Jacques Cortelyou.
•Collateral and Illustrative Documents, No. VIII.
126 Province of New York
Present The Governo''
M'' Steenwijck
The Secr.
At a Councell in y" Fort &c:
May y^ zo'.*" 1672.
At y" Request of Cap* Blagg ' & y® Peticon of Cap? Jn?
Manning, their Difference was taken into Consideration.
Capf Blaggs Request first read.
His first Offence not to bee called in question, neither for
carrying away y*^ Souldyer, nor firing at the ffort, but at
Mr Delavalls, It [be]ing past by at his last being here.
[97] Cap.' Manning brings in his Complaint for Cap'-
Blaggs Ship not firing at her last goeing out, of which hee
saith hee was a Wittnesse, together w'^ Philip Johns ^ &
severall others upon the Wall & Bastion.// ^
Cap? Blagg stands in his Justification & offers to prove,
that hee call'd his Men to take Notice that hee Strooke,
& Ordered 5 Gunns to bee ffired towards the Kings fflagg,
& that M"' Wasslyn * & M'' Dyer ^ were p'^esent.
That Proofe to bee Examined into.
The carrying away Bartholmew Salter the Souldyer is
laid to his Charge.
Hee referrs to his Papers.
It was reported hee was Concealed, & received on board,
as was said by two of his Seamen, named John Harris &
James Westmore, but hee heard not of it till they had
receiv'd their Pay & were discharg'd in Holland.//
• William Blagg.
2 Haven master of the port of New York.
' Fort James.
•Wasslyn was commander of the ketch " Rebeckah," sailing between the
American colonies. — General Entries, vol. 4, p. 80 (December 2S, 167 1).
' William Dyer or Dyre, son of Captain William and ilary Dyre. For a
sketch of him see American Historical Register, vol. i, pp. 37-4.1.
[M'ay'24] Executive Council Minutes 127
The Mate, Docto^ & Boatswaine of the Ship, offer'd
to Justify before Cap? Manning what Bat: Salter swore
before y* Justice, & that Batt Salter's Note was soe delivered
on board as is alledged.
If M': Wasslyn & M^ Dyer doe Averr upon Oath what is
alledged by Cap' Blagg, hee is to bee declared free as to that
particular.
[98] And y*" three Persons offering to take their Oaths
before Cap? Manning who is y'' Accuser when Blagg was
first questioned to y" Truth of Bat Salters delivering the
Note on board to Cap* Blagge, & taking his Oath before
the Justice, as in the Paper is Certifyed, It's lookt upon hee
is cleare as to that particular likewise of his Voluntary carry-
ing away (or concealment) of him before his Discovery.
Mr Dyer & Mr Waslyn being present afterwards were
enquired of, what they knew hee spake on board about his
Striking or not, & ffiring at the fFort.
They both acknowledge to have heard him say soe at that
time, & that the ffort was all open to the Ship before hee
spake to his Men, & that hee did strike his Top-Sailes, &
ffired 5 Gunns; the which They are ready to testify upon
Oath; Which Declaration is accepted of.
Hereupon Cap? Blagg is adjudged according to the Testi-
monialls to bee free & acquitted of the Accusacon, & is at
his Liberty; Soe may have a Passe to Transport himselfe
out of these his Royall Highness his Territoryes where hee
pleases.
Present
The Governo'
M^ Delavall
M^ Steenwijck
The Secretary.
[99] At a Councell Extraordinary
May 24*^ 1672.
128 Province of New York [Ma/U
Letterfrom) The Occasion of y'' Meeting, a Letter brought yesterday
his Ma«= (by Mf Sharpe ' by the way of Boston, from his Ma*i'' Signed
by the Lord Arlington.^ Dated March y"" lo'.'' 167^.^
The first part of the Lett' taken into Consideracon, That by
reason of y" Troubles like to bee in Europe, Care bee taken
for y^ most Seasonable & safe time for Ships goeing from
hence homewards, viz' Mar: y^ 24'-'' June 24''^ & Sep-
tembr y"= 24'-^
The day above-written his Ma"-^^ Lettr being receiv'd &
read in Councell w"' all Respect & Humility.
In Obedience thereunto. It is Ordered, That his Ma''?^
Commands therein in relation to y"^ Navigation of Vessells
from this Port for Europe shall bee duely & punctually
observed according to the teno'' of his Ma"" Gracious Lett''^
That having at this p''sent time one only Ship w"'' hath
already had her Dispatches, & for severall dayes since is
gone out of the Port, & none other expected to bee ready
to beare her Company in soe short time as the 24'^ of June,
being also willing to re[turne]'* an Answ"" [100] of the Recep-
tion of his Ma".°^ Gracious Letter, & readynesse to observe
the Directions therein. It is thought convenient y" said Ship
should proceed on her Voyage. And for the Security of
Ships after they come here, w'''' his Ma"? doth recommend.
That all Care shall bee taken & besides the fFort " a Battery
in y** most convenient Place of the City shall bee made, to
secure all Ships in the Road.
To p''vent all suddain Incursions or Attacques of this
place or Colony by an Enemy, (w''*' is the last Clause of the
' John Sharpe.
'Sir Henry Bennet, Earl of Arlington, English secretary of state.
' Collateral and Illustrative Documents, No. LXXIV.
< Ibid.
♦ Original mutilated.
• Fort James.
[jnnI\o] Executive Council Minutes 1 29
Kings Letter, & left to best discretion) It is resolved, That
the whole Governm' shall bee putt into a posture of Defence
in the best manner that they are capable of, which shall bee
taken into farther Consideration; & the Governo^ will
please to propose a Modell thereof.'
Cap? Haselwood - not to depart before Monday, by which
time his Dispatches shall bee ready in Answer to his Ma*'^^
Letters. ;? '
An Answ^ to a Lett"^ sent by y'^ Governo"^ to Major Gen''" (Major
. . \ Leverets
Leverett, read, & taken into Consideration. I ^^^^
The Copie of y^ Originall from y^ Governor first read,
then the Answer.
They are both Ordered to bee Recorded.*
[loi] At a Councell held at Fort
James, June y" 10'.'' 1672.
Present
The Governor
M^ Delavall
M"' Steenwick
The Secretary.
The first Matter taken into Consideration is the Irruption rxhe Imip-
at New Jersey, & Difference between Governor Carterett,M tion atN:
& Cap? James Carterett." [jersey.
' Collateral and Illustrative Documents, No. LXXV.
2 Captain Claybome Haselwood, commander of the ship " Justice of
London."
s Collateral and Illustrative Documents, No. LXXIV.
' Collateral and Illustrative Documents, No. LXXVI.
5 Philip Carteret.
•Captain James Carteret, instigator of the "irruption," was a legitimate
younger son of Sir George Carteret; but a weakling and a rake, yet of " good
understanding." He married, in 1673, Frances, daughter of Captain Thomas
Delavall. For personalia see Riker. Revised History of Harlem (1904),
pp. 322-323, 359-360, 809, 810-81 1 ; Baetjer. Carteret and Bryant Genealogy,
[9]
I30 Province of New York {junl\<>]
A Draught of a Letter from y" Governo% proposed to bee
sent to Cap? James Carterett, read & allowed of to bee
Engrossed & sent.
The Direction to bee to Cap? James Carterett, & to those
others whom hee shall think fitt to Communicate it to.//
Cap* Dudley Lovelace to bee the Messeng'', & an Answer
to bee desired in Writing at his Returne.*
Capt Carr y^g pgxt about Cap? Carr & Delaware, The Ord"? made
& Dela- .
^2jg last Councell about y" Towne - & River ^ to bee allowed &
sent.// *
The Continuance of y" Garrison in Pay taken into Con-
sideracon, whither there is any Occasion for them or noe
any longer.
That they continue as they are till farther Ord''
Whore-Kill. The Whore-Kill Returne & Compl' '
To advize w**" M^ Cousturier " & [C]ap? Carr about y"
Officers, & about the others [of] y^ Gover[nm]ent [102] there
to bee vindicated. .y
New York, 1887, pp. 6-7; Brodhead. Hist, of N, Y., vol. 2, pp. 177, 189-190.
For contemporary records on the rebellion see New Jersey Archives, vol. 21.
pp. 32, ff.
' Collateral and Illustrative Documents, No. LXXVII.
2 Newcastle.
' Delaware River.
' Collateral and Illustrative Documents, No. LXX.
' Ibid.
' Henry or Hendrick Cousturier (also Casturier, Cousterie, Coutrie in the
records) was one of the burgomasters at the Delaware who swore allegiance
to English rule, October i, 1664. He and his wife, Elizabeth, were residents
there at the time of the Dutch surrender, and seem to have become temporary
residents of New York City soon thereafter, returning to the Delaware in
1669, where he had a lot on the strand in Newcastle. Cousturier was given
letters of denization, on July 8, 1672, and a passport, on July i6th, to go to
England and Holland, " having severall Occasions w^^ call him into Europe
for the securing of his Estate & ffortune in those parts " and " to withdraw
his Estate out of any of those parts, not in league wth his Ma*.'^ nor under
his allegiance, w'*" Intent to returne hither about his Occasions to his ffamily
& Relacons." — Getieral Entries, vol. i, pp. 60, 156; vol. 4, pp. 45, 162, 171-
172; Deeds, vol. 4, p. 87; Records of New Amsterdam, vol. 6, pp. 176-177.
Executive Council Minutes 131
The Returne from Kingston. ^r Kingston.
Cornelijs Wijncoop ' & Joost Adriaensen,- to come in
New Commissaryes.i'
The Hempstead Peticon allowed of, that they shall have Hempstead.
Liberty to Provide themselves of such a Minist^ as the
Law approves off.
The Peticon of Mad-nans Neck being considered off, It J Mad-nans
having been by y" Court of Assizes referred to the Sessions ' ^^k-
Court of Jamaica formerly to enquire what was done therein
there, & give y" Governo!' Acco' of it
Matinicok Petition about Commanage to bee taken into jiatinicock
Consideracon, when it shall bee discourst of w"" those of
Hempstead, & M' Paine, & Terry; ^ In the mean time
Nothing to bee done to their p'^judice.*
The Widdow Nevius ^ Peticon about v'' fferry to have her ^^
... ^ ^ Widdow
time renewed tor six yeares. Nevius.
To have it respited till the former Conditions bee viewed,
& then consider'd of.
' Comelis Wijncoop, Wyncoop, Wynkoop, and other forms, was formerly
a resident of Albany. — Schoonmaker. Hist, of Kingston, p. 494; Early
Records of Albany (Pearson), pp. 17, 404, 508; Ulster Cminty Probate
Records, vol. i, pp. 32, 38; Wynkoop Genealogy, 3d edition (N. Y., 1904),
pp. 9, ff.
' Also called Joost Adriaensen Vermeulen. He was of Pynaker in Holland.
For his family history, wills, etc., see Ulster County Probate Records, vol. i,
pp. 29, 30; Collections of N. Y. Hist. Society, 1892, p. 6g; Records of Ref.
DtUck Church (New York), p. 29; Olde Ulster (magazine), vol. i, p. 350.
2 John Paine and Thomas Terry.
' Collateral and Illustrative Documents, No. L.
' Joannes Nevius married Adriaentje Bleeke or Bleijck, daughter of Swantje
Janse and stepdaughter of Cornells de Potter. He was secretary of New
York City from 1657 till 1665. About 1669 or 1670, Nevius obtained the
lease of the Brooklyn or Long Island ferry, which he managed until his death,
upon which his widow asked for the prolongation of the ferry privileges to
her, as revealed more particularly in these council minutes of July i, 1672.
For personalia see Joannes Nevius and his Descendants, by A. Van D. Honey-
man; Bergen. Kings County Settlers, p. 215; Innes. New Amsterdam and its
People, pp. 48-49.
The Ordf
132 Province of New York [jjni'o]
W Denton. M' Denton's ' Peticon being taken into Consideracon, &
a Lett!" from him to Mr Laurence,^ an Order was made there-
upon as followeth. Viz?
[103] The Peticon of Mr Daniel Denton being taken into
Consideracon, wherein hee desires an Award upon an Arbi-
tracon may bee broken as to some Matters in Difference
' Daniel Denton, oldest son of Rev. Richard Denton, Presbyterian minister
at Hempstead, L. I., who began his ministry there in 1644. The son was
the first clerk of the newly-formed village of Rust-dorp (Quiet-Village), now
Jamaica, L. I.; was one of the representatives of that village at the Hempstead
convention in February, 1665, and on March 16, of that year, was commis-
sioned by Governor Nicolls a justice of peace for the North Riding of York-
shire. He went to London, where, in 1670, he procured the publication of
the first separate English account of New York, his well-known booklet,
entitled: A Brief Description of New York, formerly called New N etlierlands .
During his absence his wife, Abigail, proved herself an imfaithful spouse, a
fact of which he became aware upon his return. She was presented by the
constable and overseers of Jamaica at the court of sessions, held in that
town in June, 1672, " accused for her Incontinency, & committing Adultery
in y'^ absence of her Husband, then about his Occasions in Etu'ope; All w'^'^
was too evidently made appeare to y^ said Court by many Circumstances
as well by her own confession & acknowledgm' of the ffact." But the court,
not having authority to grant a divorce, sent the case to the governor and
council, from whom Denton obtained a bill of absolute divorce, on June 26,
1672. In October, of that year, she petitioned the court of assizes, expressed
regret for her misconduct, and requested permission to marry again, " fearing
y^ frailty of her nature, & the Temtacons that may attend her leading of a
single Life, as also for her better support & maintenance having a great
Charge upon her, & but five shillings per week allowance for her selfe & three
Children, besides some small Matter shee can earne by her work." The
court adjudged that she ought to have liberty " to marry another person,
shee being freed from y'' Obligacon & Tyes ->f Matrimony to her former Hus-
band." Denton's children are mentioned in the will of his father-in-law,
Daniel Whitehead, of Jamaica, L. I., proved on October 30, 1704. On
October 28, 1664, Denton and associates purchased from the Indians a tract
between the Raritan River and Newark Bay, which had been bought earlier
by Augustine Herrman. In 1673, upon the reestablishment of the Dutch
authority over New Jersey, then named " Achter Col," he was chosen a
magistrate of Piscataway. — Brodhead. Hist, of N. Y., vol. i, pp. 615, 619;
vol. 2, pp. 49, 67-68, 74, 195, 219; Deeds, vol. 2, p 17; Court f Assizes, vol. 2,
p. 317; General Entries, vol. 4, p. 153; Collections of N. Y. Hist Society, 1892,
P- 398-
2 Captain William Laurence, of Flushing.
Opposite p. 132.
A
OF V N.YORK.
NEWYOR
Formerly CiUed -- ^
New-Netherlands--,
With the Places thereunto Adjoyning.- ' ^
Together with the -.^
Manner ot its Scituation, Fcrdlityof the Soylc.
Healthfulncfs of the Climate, and the
Commodities thence produced.
Some Direaions and Advice to fuch « ^laU go
may accrew to tiem thereby-
LIKEWISE c ,
A Brief Relation of .he Cuftomsof the
Indians there.
LONVOn,
^■r"^i«s»ii»a^''':.
TITLE PAGE OF THE FIRST SEPARATE ACCOUNT
OF NEW YORK IN ENGLISH
By Daniel Denton, of Jamaica, L. I.
(Slightly reduced.)
[junr24l Executive Council Minutes 133
between him & Daniel Whitehead without the forfeiture of
his Bond, & that the Case may bee heard & adjudged by
the Governo"^; It is Ordered that y" whole Matt- & Merritt
of the Cause bee referred to the njxt Court of Sessions at
Jamaica, where some of the Councell are to sitt w"* y^
Justices, & they are to adjudge what is fitt to bee done
as to the Arbitration, And if they see Cause may pro-
ceed to a Rehearing of the Case & an Examination into
the severall Matters in the Petition sett forth, & give
Judgment, & Determine the same according to Justice &
good Conscience.
By Ordr &c:
A Peticon from Hendrick Rooseboome ' the Sexton Hendrick
at Albany, that hee might bury Lutherans^ and all °°^^'
■^ ' a J boome of
there; Albany.
It is thought convenient that since they have a Toleration
for their Profession they may bury their own dead.
Present
[104] At a Councell held in Fort
James y" 24*.** of June 1672.
The Governor
Cap* Delavall
Cap? Steenwijck
The Secretary
' Hendrick Janse Roseboom, sexton and Voorlezer of the Dutch church at
Albany. See Pearson. First Settlers of Albany, p. 92.
2 On November 7, 1672, Thomas Delavall, then at Albany, said in full
court that Roseboom's request was disallowed and added, " Let the Dead
bury their Dead; for with what free conscience can your Precentor go and
act for the Lutherans, for they have more ceremonies than the Reformed." —
Doc. Hist, of N. Y., vol. 3 (octavo edition), p. 871. On toleration granted
to the Lutherans in the colony of New York see General Entries, vol. 1, p. 71;
Court of Assizes, vol. 2, p. 424; AT. Y. Colonial Docs., vol. 2, p. 617.
134 Province of New York
Coatribu- 1 The first thing taken into Consideracon is the Returne
tioa&Newlfforfi Hempstead of Contribucon & New Election of Con-
Hemp- [stable & Overseers.
stead. J The returne of Constable is for M*^ Robert Jackson 39;
for Simon Seryon ' 31 Voyces; To the w'^'' Objection is made
by Mr John Hicks ^ [sic] & James Pine on behalfe of severall
of y'' Towne, That Mr Jacksons Votes or the major part of
them are of the great Neck, or Mad-Nans Neck/ who have
small parcells of Land & have noe Relation to the Towne,
equall w"' y^ Ancient Inhabitants, some Lotts being divided
into severall Shares.
It is demanded if they are fFree-hold"? and consented to;
The determinacon being left to y'' Governor & Councell.
Mr Jackson 'Yhe Present Election is allowed of to bee Constable for the
Cap* Sea-
mans* ' Simon or Symon Seryon, Searing, Seren, Sering, Sirring, whose son, John,
married Susannah, daughter of James Pine, in 1671. He was chosen con-
stable of Hempstead, April 2, 16S1; an overseer, April 2, 1683, and justice of
peace, in 1685. — Hempstead Tovin Records, vol. i, pp. 180, 329, 450; Court of
Assizes, vol. 2, p. 692.
*John Hicks, commissioned by both Nicolls and Lovelace as justice of
peace in the North Riding of Yorkshire. He married the widow of John
Carman or Carrman, Sr., of Hempstead, and through her, in September, 167 1,
became involved in a suit with Anna Gerretse, over a bargain for land at
Newtown, which had been made between the husband of Anna Gerretse and
the late John Carman. The will of Hicks was proved, June 14, 1672, and
letters of administration were granted to his son, Thomas, on June 17th.
It is evident, therefore, that the appearance of his name in the council minutes
of June 24, 1672, is a clerical error, and that his son, Thomas, was one
of the objectors, as is actually shown by his name in the margin and in
the text, subsequently.— Orderj-, Warrants, Letters, vol. 2, p. 435; Deeds,
vol. 2, p. 19; General Entries, vol. 4, p. 48; Collections of N. Y. Hist. Society,
1892, p. 23.
' At a town meeting of Hempstead, December 14, 1663, " it was agreed
upon that Thomas Hickes John Ellison and Thomas Ellison shall have the
little neck or poynt of land lying on the east side of Mathew Garrisons bay
[named after Martin Gerritsen] which neck is commonly called mad Nans
Neck," provided they would " fforth with goe and possess and build upon
the said land." — Hempstead Town Records, vol. 1, p. 148. For other refer-
ences see ibid, pp. 142, 165, 231, 243; Deeds, vol. 2, p. 60.
* Captain John Seaman.
Tho: Hunt
Executive Council Minutes 135
ensueing yeare, both Partyes being call'd together, & their j: Smith.
Allegations heard, noe materiall Objection being made [105] ^•'
against it; It is thought fitt y^ Inhabitants of Mad-nans Neck james
shall have their Votes for the Election of Constable & Over- Pine,
seers, they being capacitated by the Law to give their Votes
as ffree-holders; for the Proposall of their being a Village
abstracted from the Towne of Hempstead, & to have Officers
of their ovpn; It shall bee taken into farther Consideration.//
As to y^ Returne of y^ Voluntary Contribution tow^ards The Re-
the Reparation of y® fFort, It being read, It was very well "^^^ '^ 3
approved of, & Ordered, That Thanks should bee given 61 • 02 : 00
them for their forwardness therein, the w''^ is to bee Recorded.
fflushing Returnes — 20**: 15^: 06^. h^ s"|'
Thomas Hunt Jun^ to bee releast upon giving good ^°" '5 6
Security of 200" for good BehavioF & Appearance at the ^
next Co^ of Assizes, when hee is to receive the Sentence of
that Court for his Crime.^
The Tincker Gerrit Trevis * to bee releast upon Security Gerrit
Trevis.
' This marginal record is erroneous, and should be "J: Smith. R." John
Smith, of Hempstead, familiarly called " Rock Smith," was a tavern keeper.
Family tradition says that he got his sobriquet while living in New England,
where he built a house in which he used a rock for the back of his fireplace.
In his will, dated May lo, 1695, he calls himself " John Smith, Sr., of Hemp-
stead in Queens County, yeoman," and he names his wife, Hannah Treadwell.
The will was proved on April 3, 1706, and an inventory of his estate was
exhibited by his widow, on October 3d. — Pelletreau. Wills of the Smith
Families of New York and Long Island, pp. viii, 8; Deeds, vol. 2, p. 28;
Collections of N. Y. Hist. Society, 1892, pp. 326, 419-421. For a sketch of
him see N. V . Geneal. and Biog. Record, vol. 30, pp. 200-203.
2 Son of John Hicks.
' He was bound over to the court of assizes of October, 1672, charged with
stealing hogs, as shown more particularly in a former note. — Court of Assizes,
vol. 2, pp. 290, 298.
< Gerrit Trevis was bound over by presentment to the coiu't of assizes of
October, 1672, by the court of sessions at Jamaica, " upon Suspition of ffelony."
He put in a petition at the assizes, " desiring that hee may continue
in his Land, & that his Bond bee cancell'd for his Appearance to this
Court." It was objected that he had never paid for the land, which " belongs
to M'' Hicks," probably John Hicks, of Hempstead. Trevis was ordered to
136
Province of New York
Commis-
sion for
Indy"
Affayres
stand in
force.
Com","^
about y*
Fort Con-
tribucon.
Comn"
Names.
of fifty pound for the good Behaviour & his Appearance at
the Assizes, that hee remove from the Place hee late lived at
neare M^ Bridges,' & [en]ter into Engagem? not to enter-
taine any of her Negroes Servants.
[106] The Matter about y" Regulation of y* Whale ffishing
referr'd to Mr Delavalls Determinacon according to what
W2LS proposed at his being there.^
^ The Commission for y" Indian Affayres soe farr to con-
tinue in fforce as shall relate to keep y^ Indyans in good
Ordr; But as to any Matter of difference of meum and tuum
or Trespasse, That it bee decided by the next Justice of the
Peace, and Constable & Overseers of the Towne, v^here y'=
Cause of Action shall arise; but if the Action bee of above
511 they may Appeale to y" next Court of Sessions.'
] Commission"? to bee appointed to receive the Contribution
j^ Money towards the ffortifications, & to manage it to the
J best Advantage for payment of the Workmen.^
Their Names are
Tho: Lovelace Escp^ Cap? Rich? Morris °
be committed; yet, later in the session of the court of assizes, was released
because nothing had been proved against him. — Court of Assizes, vol. 2,
pp. 2go, 298, 312.
' Mrs. Charles (Sarah Cornell) Bridges, of Flushing.
' Collateral and Illustrative Documents, No. LXXII.
' Collateral and Illustrative Documents, No. LXXI.
* Collateral and Illustrative Documents, No. LXXV. Lovelace's appeal for
contributions from the citizens of Nevp York was read in the mayor's court,
on July 3, 1672, and the court " ordered that several of the Cheif Inhabitants
should be Listed and desired to appeare in Court next morning." Accord-
ingly, several persons appeared and were bidden to make a voluntary con-
tribution and did so. — Records of New Amsterdam, vol. 6, p. 382.
' Thomas Lovelace, brother of the governor, was at this time one of the
aldermen of New York City.
' Captain Richard Morris, of Westchester, and a merchant in New York
City. He died intestate, in 1672, soon after his appointment on this com-
mission, leaving an only son, Lewis, an infant. For an account of him and
his lineage, see Bolton. Hist, of the County of Westchester (1881 edition),
vol. 2, pp. 455-478; Riker. Revised Hist, of Harlem (1904), pp. 283-284;
American Historical Magazine, vol. 1 (igo6). pp. 25, fl.
Oppos-te p. 137.
,..A.
S^c-//.., //.//«,....- 6..//^' C9//Za/^J
^l!t
:-'Vc
A PAGE OF THE COUNCIL MINUTES SHOWING
LOWER QUARTER ROTTEN AND
WRITING FADED.
(Reduced from IIV2 by 7V4 inches.)
Executive Council Minutes 137
Cap? ]n° Manning High Sher.' M' Gibbs.=
Mr Allard Anthony.^ Mr Thorn: Rombout.*
A new Ordr to bee made against Transportacon of Come, Transpor-
grounded upon the Ordr of y^ Court of Assizes.^ ^'^'^^ °
' Captain John Ma nnin g had been sheriff of New York City from July 24,
1667, until succeeded by Allard Anthony, on October 13, 1670. Lovelace
commissioned him high sheriff of Yorkshire, on September 7, 1671, in suc-
cession to Robert Coe, until June 30, 1672, and again until June 30, 1673.
He held other posts of great responsibility in New York City, on Long Island
and at Albany, during the administrations of Nicolls and Lovelace. In
February, 1668, Nicolls granted to him Hog Island, which became known as
Marming's Island, and is now called Blackwell's Island, in the East River of
New York City. — Orders, Warrants, Letters, vol. 2, pp. 176, 215, 216, 227,
243, 434; Records of New Amsterdam, vol. 6, p. 201; Court of Assizes, vol. 2,
pp. 409, 421-422, 429, 571, 598; General Entries, vol. 4, pp. 26, 201; Brodhead.
Hist, of N. Y., vol. 2, pp. 45, 46, 74, 87, 138, 182.
' Thomas Gibbs or Gybbs was a merchant of New York City.
' Allard Anthony had been a schepen and schout of New Amsterdam.
On June 12, 1665, he was appointed by Governor Nicolls the first sheriff
under the new form of government for New York City. He had taken the
oath of allegiance and was made a free denizen on the preceding January i6th.
Anthony was sheriff until succeeded by Captain John Manning, on July 24,
1667, and he, in turn, succeeded Maiming as sheriff, on October 13, 1670, and
was in that office when appointed a member of the commission for receiving
contributions for the repair of the fort. — General Entries, vol. i, pp. 121, 139;
vol. 4, pp. 53, 220; Court of Assizes, vol. 2, pp. 429, 598; Orders, Warrants,
Letters, vol. 2, pp. 75, 161, 176; Records of New Amsterdam, vol. 6, pp. 261-
262; Brodhead. Hist, of N. Y., vol. 1, p. 548.
*This is a clerical error for Francis or Francois Rombout or Rombouts,
who was appointed an alderman of New York City, on October 13, 1672. —
General Entries, vol. 4, p. 220. The correct name appears in the commission,
for which see Collateral and Illustrative Documents, No. LXXV. Rombouts
married Aeltje Wessels, on May 31, 1665. — Records of R. D. Church, Mar-
riages, p. 31.
' Collateral and Illustrative Documents, No. XLI. At the following coiu-t
of assizes, October, 1672, it was ordered, " That y'^ Prohibicon for y^ Trans-
portation of Come for this yeare bee repealed; & it shall bee lawfull for any
Man to transport Come to Boston, or any place out of the Govermn'-, as long
as the price of Merchantable Winter Wheat shall be 4^ : 6? & Summer Wheat
4^ in Silver or above, but not under that price, upon the penalty of forfeiting
the Value of what they shall soe dispose of; And what Strangers shall come
to purchase Com here, they shall not buy it under 4^ & 3? : 53 in Silver, or
Goods Equivalent upon like Penalty." — Court of Assizes, vol. 2, p. 323.
138
Province of New York
r 1672 1
LJune 24J
Gravesnd
&: Vtrecht
Bounds.
Capt Car
teretts
Letter.
The Ordr
about y'
& Over-
seers at
Hemp-
stead.
The Bounds of Gravesand & New-Vtrecht; '
Commission'^.^ to View & Report to y"^ Governo^ to bee con-
sider'd of another time in its due Season.
The Lett'^ to Cap* Carterett ^ & his Answ' read & con-
sidered of; The Lett"? Ordered to bee Recorded, but not
thought convenient to interpose in the AfFayre any further.//'
[107] In prosecucon of y** Ord"' of y" late Co''-* of Sessions
Election of I ^^^^ ^^ Jamaica for a new Election of Constable & Over-
Constals: I seers for the Towne of Hempstead, the Returne whereof was
to bee made to his Hono"^ the Governo'^ for his Approbacon;
I The Inhabit*.^ having accordingly proceeded therein, & made
J their Returne, wherein M^ Robert Jackson late Constable
there hath the major Vote to continue in that Employment
for the yeare ensueing; Against the which severall Objec-
tions being made by Mf Thomas Hicks & James Pine on
the behalfe of themselves & others of the Towne, In regard
severall of y'' Voices given for him were of the Inhabitants of
Mad-Nans Neck, who were supposed not to have Priveledge
to give their Votes as to Election of those Officers; Vpon
hearing the Matter debated, & y^ severall Allegations on both
sides, The said Choice and Election is allowed & approved
of, as also that John Smith Rock Sen"^ & ]n° Carrman *
bee Overseers, having likewise the major Vote; The Objec-
tions being not adjudged sufficiently materiall to debarr the
Inhabitants of the Neck aforesaid of their Votes in Election
of the Towne Officers, since that they are freeholders, &
have dependance on the Towne, within whose Lymits &
Jurisdiction they are. As to the Proposall of their being
' On the dispute over boundary, see General Entries, vol. i, p. 38.
' Captain James Carteret.
' Collateral and Illustrative Documents, No. LXXVII.
' vSon of John Carman or Carrman, deceased. His father was one of the
six persons to whom Director General Kieft granted a patent for the Hemp-
stead lands, on November 16, 1644 (N. S.). — Deeds, vol. 2, pp. 129-134;
vol. 3, pp. 100-104; Hempstead Town Records, vol. i, p. 7
[/X\] Executive Council Minutes 139
made a Village abstracted from the Towne, & to have
Officers of their own, there being noe Addresse made for the
same, & the Convenience or Inconvenience thereof not
appearing, It lyes not under this p^sent Consideracon.
By Ord^ &c:
[108] The Returne of the Inhabitants of Hempstead as Hemp-
to their Voluntary Contribucon towards the Reparation of stead Con-
the ffort ' being p''sented to the Governo'' & read; It was very .j-jjg QrdF
well approved of, And Ordered that Thanks should bee
given them for their good Example & forwardnesse therein,
the which is to bee Recorded.
By Ord^ &c:
Present
At a Councell held at Fort
James, July y'^ i^' 1672.
The Governor
Cap: Delavall
Cap: Steenwijck
The Secretar
About y'' Contribucon of y*" City towards the ftortification,
The Governo"^ will please to write a Letter To morrow to
the Court, Vpon y^ Consideracon whereof. It shall bee
determined how & what manner to propose & direct the
most convenient way to raise a Contribution. -
The Lett^ of Returne from y" East end of Long Island
about a Contribucon towards the ffiartificacons.^
[109] The Governo' will make Answ"^ to their Lett'', wherein
> Collateral and Illustrative Documents, No. LXXV.
2 Collateral and Illustrative Documents, No. LXXV. The reference to
" Court " is, of course, to the mayor's court of New York City.
= Ibid.
140
Province of New York
Whore-
Kill.
The Ord"-
upon Dan:
Brown.
hee will take Notice of the meannesse of their Contribucon
& the seeming Condition of it.
The Businesse of the Whorekill about a disturbance there
from Maryland.'
M'' ffletcher ^ makes good by word of Mouth what hee
sett his hand to against Daniel Browne ^ for his Abusive
Language against the Dukes Interest.
It is Attested by the Commissaryes & others from thence.
Ordered, That Daniel Browne shall Enter into a Recog-
nizance of 20? for y® good Behavio^ &c: w'^'' Order was as
followeth —
Whereas Daniel Browne a Planter at the Whore-Kill in
Delaware Bay was Committed & sent a Prisoner hither by
y^ Magistrates there for contemning y^ Authority of their
Court held by Approbacon of the Governo'', under the pro-
tection of his Royall Highness together w*'' severall other
Abuses & Misdemeano'?, for the w"^*" hee hath exprest a
great deale of sorrow, acknowledging his ffault, w'*" Promise
of deporting himselfe better for the future. And the said
Daniel Browne alledging it will bee his Ruine, if hee returne
not back speedily to his Habitacon, both in regard of a
Crop[pe] of Tobacco hee hath [no] & some Corne w".*' will
bee all lost without his Attendance on it, and Care thereof;
The Premisses being taken into Consideracon, It is Ordered,
That a Letter of Thanks bee sent to the Magistrates at the
Whore-Kill for their Vigilancy & Care herein, & likewise
» Collateral and Illustrative Documents, No. LXX.
2 Notwithstanding considerable effort, the identity of this Fletcher has not
been determined.
' A tract of land was laid out for him, subsequent to his release, " upon
pagans Creeke neare the Wlior Kill," which was called Tower Hill. — Original
Land Titles in Delaware, p. 85. See also Brodhead. Hist, of N. Y., vol. 2,
p. 190. He was under-sheriff and constable at the Whorekill, in 1674-1675. —
N. Y. Colonial MSS., vol. 20, p. 138. In 1679 he received an irregular
license to marry Susan Garland, widow, although he was accused of con-
fessing that he had a wife living in England. — Ibid, vol. 21, p. 62.
[j]l7i] Executive Council Minutes 141
that the said Daniel Browne be releast from his Imprisonmf,
hee Entring into a Recognizance before his departure of
20" to bee of the Peace and the good Behaviour towards his
Neighbours, & towards all his Ma''." Subjects & Leige
People, the w'''' if hee presume to breake that hee bee then
againe seized upon & sent Prisoner to this Place, there to
receive Condigne Punishm? according to the Nature of his
Offence over & above the Sume afore-mentioned to bee
Levyed upon his Goods & Chattells, if soe much shall
happen to bee found. And the said Daniel Browne is
likewise at his Returne to acknowledge his ffault, & ask
pardon of the Magistrates at the Whore-Kill for his
Misdemeano'^ r> o d"^ &- •
As to y^ Request from the Whore-Kill to repayre their whorekUl
Losses & Damages susteyned by y" Privateers, that they may Request.
lay an Imposition upon Strong Liquo" sold there. This
Order was made.'
The Request of y^ Magistrates at the Whorekill being j" The Answr
taken into Consideracon, wherein trhley desire, that fori""' ^'^'^^'^
r T T I [thereupon,
reperacon of the Damages & [iii] Losses they susteyned by
the Privateers the last Winter, they may bee permitted to
lay an Imposition upon Strong Liquo''.% It is allowed of &
consented unto, and the Magistrates there have hereby
power to Levy & receive upon each Anckor of Strong
Liquo"? spent or disposed of amongst them the Value of
foure Guild'? in Wamp™, & this to continue for one yeare
only after this shall come to the said Magistrates hands,
untill the Conveniency or Inconveniency thereof shall better
appeare.
By Ord^ &c. •
' Collateral and Illustrative Documents, No. LXX.
142
Province of New York
r 1672 1
L July I .1
The Answ
& Order.
The Bakers The Bakers Request about goeing to Milford to grinde
Request. Come, — had this Order thereupon — '
Vpon the Request of severall of the Bakers of this City,
That they may have Liberty to send their Corne to the Mill,
at Milford, or some other Places, out of this Government,
In regard that they cannot have sufficient quantityes of
Corne ground nearer home to supply their p^'sent Want for
y^ Shipping outward bound & such like Occasions; It is
thought fitt. That their Request shall bee granted at this
particular Juncture of time, Provided That they Enter into
Bond to the Collecto'' of the Customes,^ & give Security
that they shall bring back in ffloure or Meale the whole
Produce of such Corne they shall carry out of the w'^'' the
Haven-Master ^ is to make Inspection. But if it shall here-
after [112] bee made appeare that they doe fraudulently
Convey the Corne elsewhere, then they shall bee lyable to
such Censure & Penalty as in the Act of the last Geri^" Co"
of Assizes touching the Prohibicon of Transportation of
Corne is sett forth. g^ q^^, ^^.
Mr Paine. M'' Paines Busynesse & Dispatch. In Answ^ to their
Lett"".*
The first part is effected in recommending Assistance to
' Collateral and Illustrative Documents, No. XLI.
^ Cornelis van Ruyven was collector of customs; Isaac Bedlow was comp-
troller of customs, and Nicholas Bayard was surveyor of customs. For their
respective duties see A^. Y. Colonial MSS., vol. 22, pp. 51-53. The " pack-
huijs " or storehouse of the West India Company became, after the capture
of 1664, the custom house of the English administration. — Innes. New
Amsterdam, p. 53.
' Philip Johns.
< Collateral and Illustrative Documents, No. LXXVIII. John Paine and
Prudence Island, in Narragansett Bay. Cf. Brodhead. Hist. 0/ N. Y., vol. 2,
pp. 188-189. Paine came over with Governor Nicolls as a soldier in Colonel
George Cartwright's company, in 1664. He received his discharge from
regular military service, on ."Vpril 18, 1665. — General Entries, vol. i, p. no.
[}uil\] Executive Council Minutes 143
bee given to M"^ Paine in his Discovery. The latter part is
to bee Answered.
In y'' meane time to bee suspended till M- Paine gives in
his further Proposalls & Resolutions.
M"'^ Nevius Peticon; It's granted. The old Condicons to ^^^ Nevius
bee observed punctually as her Husband had it. An Ord"' ^'''^°"-
thereupon — viz?
The Peticon of Ariantie Bleeke y'' Widdow of Joannes TheOrdT
Nevius deceased who lately held the fFerry from Island' ^^^"^^
to this City, being taken into Consideracon wherein shea
desires, In regard of the great Charge & Expence her Hus-
band had been at in providing sufficient Boates & other
Necessaryes about the fFerry, as also of the great paines &
Labour hee was at to give Satisfaction to all persons, & having
now left the Peticoner a [dis]con[sol]ate Wi[d]dow w'*" six
small helplesse [113] Children, That two yeares time of the
Six being expired, his Honor would bee pleased to renew the
Lease of the said fFerry for six yeares after y*^ Date hereof
unto the Peticoner her Heyres or Assignes, upon the Con-
ditions & Termes her said late Husband was to have the same;
The Request of the said Widdow is hereby Granted, & it is
allowed of, & is at her Liberty (if shea sea Cause) to dispose
of her time in the said fFerry for six yeares to come to any
person or persons fitt & capable to maintaine the same; that
said Person or Persons performing y" Conditions or Termes
made by the said Johannes Nevius deceased, & behaving
himselfe diligently & carefully in the said Employm' as hee
ought to doe, & as becomes the Trust reposed in him.
By Ord"^ of the Governo'' & Councell —
The Agreem* between Newtowne & Boswijck before M"^ Dela- f The
vail, Mmicolls,& Cap? Jacques Cortelijau, To bee Confirmed.^ r^g^'='=™' °^
' -' ' -^ Newtown
' Long Island. [& Boswiek.
'Collateral and Illustrative Documents, No. VIII.
144
Province of New York
r 1672 1
L July 6 J
tre from
Cap Car-
terett &c:
The Dec-
laracon of
Warr.
When to
bee pub-
Usht.
Time to
fortify.
A Lett' from Cap? Carterett ' about a Suspicion of a Plott
amongst y^ Indyans to cutt ofFy'' English & to fall upon New
Yorke: It is related by a Woman, who pretends shee heard
some Indyans discourse it.
[114] That a Lett^ of Thanks bee return'd to Cap? Cart-
erett for his sending; And that an Eye bee had over the
Motion of the Indyans.*
At a Councell held at Fort
James in New Yorke y^ 6"^''
day of July 1672.
The Governor
Cap? De-Lavall
Cap? Steenwijck
The Secretaf .
J
His Ma"" Lett^ & Declaracon about the Warr being read.^
Tuesday next about 10 or 11 of y" Clock before Noone is
appointed to make Proclamation of the Warr at the fFort-
Gate & State house. ^
As to y° Paragraph of seizing upon y" Ships, Goods &
Estates belonging to the States Gen='." there, that the best
Method shall bee considered of, & putt in Execution in due
Season.*
To y^ Point of putting y"' Place & Countrey into a [p]osture
of Defence, In regard of the danger [115] that may bee
' Captain James Carteret.
2 Collateral and Illustrative Documents, No. LXXIX.
» On July 9th, the mayor's court of New York City received an order from
Lovelace, " together with a Declaration of Warr ag!' the States General of
the United Provinces, dated at Whitehal the 4'^ [sic] of April 167 1/2, to
declare & Publish Warre against the s'' States, according to the TennT of
sd declaration; Which this day accordingly is done from the State house in
this Citty." — Records of New Amsterdam, vol. 6, p. 382.
« Collateral and Illustrative Documents, No. LXXIX.
[sept?6] Executive Council Minutes 145
expected by Shipps preparing for the West Indyes from
Holland & Zealand;
The former Resolutions of the fFortifying this place to
bee Vigorously prosecuted.'
To follow such Directions as shall bee sent from his Royall
Highness, when they come.//
To Consider of some Persons to bee Added to the[Counceii
Councell — => jtobeeen-
At a Councell held at Fort James
Sep*. 6'^ 1672.
Pres?
The Governor
Cap? Delavall
Cap? Steenwijck
The Secretary.
What past about Delaware, y^ Whorekill,' & Mr Paine ^^f^^^
both as to y"= Massachusetts & Rhode Island,* discourst,
read, & Approved of.
That it bee left to Mr Delavall in his goeing to Boston '^^ ^^"^^
to call in at Rhode Island & make [116] Enquiry about jjjg^jjjjt
y- Matt"", & when there to discourse & reason the Case 1 at Rhode
with them, about Mr Paines^ Imprisonment, & binding i^^'^"* •
over in a Recognizance, of w"*" to make Report at his
Returne.,?
The Commissaryes Letter about y" handling at Schanech- Schanech-
tide^ was taken into Consideration; It was brought downe jjandling.
1 Collateral and Illustrative Documents, No. LXXV.
' The council seems not to have been enlarged.
' Collateral and Illustrative Documents, No. LXX.
< Collateral and Illustrative Documents, No. LXXVIII
' John Paine.
• Collateral and Illustrative Documents, No. LXXX. For an earlier order,
June 7, 1669, prohibiting trading with Indians at Schenectady, see Orders,
Warrants, Letters, vol. 2, p. 431.
[10]
146 Province of New York
by Cap? Salisbury; ' There was also two Requests, one from
Schanechtade, 'tother from Albany, brought by M"^ Delavall
made to him & the Commissaryes, when above w**" the
Appostill's thereupon.
An Ord-- ] YoT Schanechtide, It is Ordered —
echtide [ That for Redresse of small Grievances by Trespass, Debt
or otherwise, They shall have a Towne Court to try all such
Causes to the Value of one hundred Guild"?, the persons who
shall try the same to bee two to bee nominated by the Gov-
erno'' out of three to bee chosen amongst themselves annually;
but for greater Sumes to have Application as formerly to
the Co"? of Commissaryes at Albany;- As to the Matt^ of
Trade with Indyans or others there, they are to bee Regu-
ated by the Ord"^^ made by the Governor & Councell the
last Summer at Albany till further Ord^
An Ord!^ | For y" Inhabit*? of y'' lower part of Albany, about their
for Albany, fj^^yji^g ^ New House built upon the Common by the South-
side of the Towne, for the Mahicand" Indyans, & others
that shall come th[e]re. It is thought fitt & Ordered That
Liberty [117] bee granted to y" Inhabit'? of y'^ lower part of
the Towne to Erect such a House to y'^ East of y^ South-
Gate upon the said Common in some Convenient place to
bee laid out by Cap' Salisbury and the Commissaryes, but
' Captain Sylvester Salisbury. He had succeeded Captain John Baker,
in July, 1670, as commander of the fort at Albany. On October i, 1672,
be was commissioned " Justice of the peace at Fort Albany, & parts adjacent."
— General Entries, vol. 4, p. 213. Salisbury was granted a marriage license,
on January 10, 1669/70, to Elizabeth Beek, sister-in-law of Pieter Jacobsen
Marius. His will, dated August 26, 1679, mentions his wife and three children,
and his ^vidow was confirmed as executrix, March 12, 1680. She was after-
wards married to Dr. Cornells van Dyck, of Albany, and after his death was
married a third time, to Captain George Bradshaw, whom she also survived. —
Court of Assizes, vol. 2, p. 450; Collections of N. Y. Hist. Society, 1892,
pp. 66-67, 207, 211, 292, 356; Pearson. Early Records of Albany, pp.
69. 97-
' Jan Hendrickse van Bad and Gerrit van Slichtenhorst were at this time
commissaries of Albany.
Executive Council Minutes 147
not that hereby any Persons doe presume to Erect Handling
Houses or Hutts there, upon this or the Hke p''text.
And that y'^ Ord'l'^ heretofore made for y" Hutts on the
Hill ' to bee Erected into Dwellinge Houses bee putt in Exe-
cution, soe that they bee Inhabited both Winter & Summer;
Withall that those who leave them in the Winter shall not
bee permitted to handle there in the Summer.//
The Peticon of M"^ Smith to bee referr'd to the Assizes ^ — *^'" ^"^i^
as by y« following Ord^ &c: quak^
Vpon y° Peticon of Rich'? Smith of Nesaquake, That for Peticon.
severall Reasons by him given hee might have a Review orjTheOrd''
Rehearing of his Case between him & the Inhabitants of'*^^^"P°°'
Huntington, there appearing many Difficultyes therein, for
that it had before been heard in two diverse Courts; It was
Ordered that it bee referr'd to a full Bench at the Generall
Court of Assizes to give their Judgment & Opinion therein,
whither their Case shall have a Re-hearing or noe upon y'^
Reasons & suggestions given in, Whereunto both y- said
Rich'i' Smith & the Inhabitants of Huntington are to stand
and abide.
By Ord^ &c. rjir Rich-
[118] The Reports of M*^ Lovelace & Cap? Manning about
bells differ-
ence.
M"^ Richbells Difference with his Neighbo'^^ & their Recon- 1 ^^^^^
ciling it Allowed of.^ 'i^ thereof.
M^ Riders & Mr Gibb's the like at fFordham.* m^ Rid^
' "Along Broadway and State street, which was called the Hill." — Pearson"
Early Records of Albany, p. 13.
2 Collateral and Illustrative Documents, No. XXV.
2 Collateral and Illustrative Documents, No. LXXXI. Captain John
Manning, Thomas Lovelace and John Rider had been appointed by the
governor to report on this case.
'Collateral and Illustrative Documents, No. LXXXIl; also No. III. John
Rider and Thomas Gibbs had been chosen by the governor to report on this
case. On April 10, 1673, John Rider was sworn steward of the Manor of
Fordham, " duly to Administer Justice " there. — General Entries, vol. 4, p. 278.
M"" Gibbs.
The House
in y<^ Fort
148 Province of New York UtVo]
Tho: Petit Thomas Pettit's Businesse about a Divorce to bee
Divorce deferr'd till his wife bee brought to make Answer.'
As to y" New Countrey Rate for y*^ yeare ensueing —
Rates to Notwithstanding Delaware Charges yet only to Continue
continue as the i^ in the po'? as before, in regard of the Voluntary
before. Contribution lately made &c: but that it bee recom-
mended to y" Col''' of Assizes & Sessions to moderate the
Expences; And at the Assizes to take off Wolves and Hue
& Cryes.^
An Ord!^ for y® Reparacon of y*" House in the ffort at
at Albany Albany & a New Kitchin discourst of by M"^ Delavall to the
to bee Governo- in Councell, allow'd of. — Vide y^ Order, i' ^
repaird.
1 Collateral and Illustrative Documents, No. LXXXIII. Thomas Petit,
Petitt, Pettit, of Newtown, L. I., charged his wife, " Sarah Perry als Pettit,"
at the court of assizes, in October, 1672, with " frequent committing of
Adultery, w'^'' before diverse persons shee hath had the Impudence to avow
without any apparent Cause given by her husband, for the w'^'' hee hath
made Suite that hee may bee divorced from her; And there having been
Proofe made in Cof"-, That y*^ s? Sarah Wife of y'' said Thomas had Legall
Summons & timely notice to make her appearance in this Co"? in her Defence
if shee had any thing to .say in her Justificacon against what shee stood
accused of, but hath either refused or neglected to doe the same; The Premises
being taken into Consideracon, and the Proofs & EN^dences appearing very
plaine against the said Sarah, The CoT doth adjudge & think it reasonable
that the said Thomas Pettit should have a Bill of Divorce from the said
Sarah his Wife, the w^*^ the Co'? doth recommend to y^ Governo', & doe
likewise Order, That whensoever y^ said Sarah shall bee found within this
Governm!, shee shall bee committed to Prison, there to remaine untUl the
next Co'? of Sessions or Assizes, when she^ shall bee prosecuted & receive
punishm' as the Law doth direct for the Crime of Adultery." Before this
decision has been rendered, the complaint had been referred " to some of
the Bench to examine into, & report their Judgm*.^ hereupon." The husband,
of course, was granted an absolute divorce. — Court of Assizes, vol. 2, pp.
291. 299, 316.
2 At the court of assizes, of October, 1672, the rates were modified for the
several towns on Long Island, wolves being " discounted w'*" y^ Constables
within whose limitts " they were killed. — A^. Y. Colonial MSS., vol. 22,
p. 142 (Article 2).
' Collateral and Illustrative Documents, No. LXXXIV.
[k^y.^^] Executive Council Minutes 149
[119] At a Councell held at Fort
James in New York the
19'.'' Novem: 1672.
Present
The Governor
M"' Steenwijck
The Secretary.
The Matt^ first under Consideracon was the Complaint Jn?Jen-
& Petitions of John Jennings ' & William Jane of Southon ^"^^^^g
about Jn? Coopers Evill Words against the Governm', & afs* Jn?
Cap? Howells ■ & Mr Mulfords ^ Justification of what they ^°°9^-
have done.*
A Peticon brought in by Jn° Jennings about his being
bound over to the Sessions.
Another from William Jane to y° same Purpose.
The Deposicons of William Jane & Thomas Travally ^
read, about Jn? Coopers Scandalous Words.
William Jane sworne to it here, there being Supposition
the former Oath before Jn? Jennings to bee invalid, hee
being not an Officer capacitated for it.
Thomas Travally not p'sent here, but y'^ Justice is to bee
sent to for his Oath likewise.
' John Jennings " of North-Sea within y'= Jurisdiction of South-Hampton "
was " Marshall & Cryer at y'^ Court of Sessions," in the East Riding of York-
shire for several years and received Lovelace's confirmation in the post,
August II, 1671. — General Entries, vol. 4, p. 13. For an order increasing
his fees as marshal, October 17, 1672, see ibid, p. 219. For the family history
see Howell. Early History of Southampton, L. I., second edition, pp. 330, ff.
2 Captain John Howell, of Southampton, L. I., one of the justices of peace
for the East Riding of Yorkshire. For the genealogy see Howell's South-
ampton, second edition, p. 302.
' John Mulford, of East Hampton, L. I., one of the justices of peace for
the East Riding of Yorkshire.
' Collateral and Illustrative Documents, No. LXXXV.
' The name is spelled variously in the records, as Trevaly, Travally, Tro-
vally. — Records of Souiliampton, vol. 2, pp. 92, 257, 262, 263, 329. See
also Howell's Southampton, second edition, p. 439.
ISO
Province of New York
r 1672 ]
LKov. 19J
The Ord'^
about Jn?
Cooper.
W™ Braw-
ley's De-
posicon.
Jn? Jen-
nings Cus-
tomer.
Edwd
Petty y=
like.
Concerning y" w'''' & y" other Deposicons against John
Cooper. This Ord'' was made viz?
Vpon Perusall & Consideracon had of the Testimonyes of
WilHam Jane & Thomas Travally [120] wherein is sett forth
that Jn? Cooper hath spoken words tending to y" Defamation
ofy'' Governor & this his R: H^ his Governmn*, the w'^^ thes''
W™ Jane hath been sworne to before y^ Governo'^&his Coun-
cell, It is Ordered, That the Oath of Thomas Travally bee
taken likewise to his Testimony by the Justice of y*^ peace at
Southton, & that Jn° Cooper bee bound over to make Answ^
to what shall bee layd to his Charge about this Matt^ at the
next Co"? of Sessions; where if what shall bee alledged
against him doe appeare to bee true, That then hee bee
bound over by that Co!^ to the Court of Assizes, of all w'^''
an Account is to bee Rendred unto his Hono'' y° Governo''//
By Ord^ &c:
W" Brawley that came from thence in Cap' Delavalls
Ketch '■ when Cap' Wasslyn was there, can testify the same
that Thomas Travally hath declared concerning the charge
against this Cooper.
Jn? Jennings recommended to bee Customer at Southton
w"^ Jn° Laughton.^
Edward Petty of Southold ^
' The nanse of the ketch was " Rebeckah ."
- Collateral and Illustrative Documents, No. XXIX. John Laughton
received a license from Governor Lovelace, on June 19, 1669, for one year,
to pay Indians in liquors and powder for their labor in whaling operations.
This license was renewed from time to time, among the renewals being that
of November 20, 1672, when John Jennings received a like license, jointly
with Laughton. — Orders, Warrants, Letters, vol. 2, p. 440; Getieral Entries,
vol. 4, pp. 20, 232. The instructions of Laughton, as sub-collector of South-
ampton and places adjacent, in 1670, are in Court of Assizes, vol. 2, p. 552.
In Records of East- Hampton, vol. i, p. 3S0, we find one John Laughton
appointed, on August 10, 1675, schoolmaster of that town.
' Collateral and Illustrative Documents, No. XXIX. Edward Petty was
granted a home lot from the town of Southold, on February 3, 1658/9 He
[nJvJ%] Executive Council Minutes 1 5 1
W"" Per-
W™ Perkins of East-Hampton.' kins the
like.
Cap' Howells Commission to bee renewed for one yeare ^ap'
more.^ Howell's
Commis^
Mr Jennings Busynesse about his Bargaine to bee [hjeard '■e^ewd.
^ . c ■ Mr Ten-
at v^ Sessions. . , „
■' mngs Bar-
gaine.
Isaack
[121] M"^ Melijen's Peticon about y*" unloading of his
Ship ^ to see what Damage is done, that it may bee deter- 1 Melijen &
mined here, being taken into Consideracon hath this Ordrjy^ ^'^'P
, . Expectac-
thereupon viz' [tion [^,y
Vpon a Peticon p'ferrd to the Governo'' & Councell by The Ordr
M'' Isaack MeHjen, That hee may have Lvcence to unload about
■^ ■' Melyen &
his Ship, soe that a p''sent Value may upon equall Charge jjjg vessell.
bee putt upon y*^ Damage the Goods on board his Shipp
may have receiv'd by the late Casualty of y*^ Sea, shee having
sprung a Leake; It is Ordered That y° Difference between
the Own''.'' & {freighters concerning the said Damage shall
bee tryed & determined here in this Place where it was
receiv'd; In Ord' whereunto It is recommended to foure
able & indifferent Persons who are desired to Examine &
make Inspection into the Matter aforesaid, & if possible w"^
their best Skill & Judgm" to Endeavour a Composure; But
in case they cannot make an Accord between them, That
then they forthwith transmitt y^ Matter back againe to y®
Governor & Councell, who will make such Determination
therein as shall bee consonant to Equity & good Conscience.
By Ord^&c:
was a ship carpenter, in which trade several of his sons followed him. About
1688, he sold his house and land and removed to Oyster Ponds, now Orient,
in the town of Southold, settling on a farm. — Town Records of Southold,
vol. I, pp. 82, 314, 342.
1 Collateral and Illustrative Documents, No. XXIX. » Ibid.
' Collateral and Illustrative Documents, No. LV.
152 Province of New York [nJvJ'J
The persons desired to take this trouble upon them are
Mr Jn? Laurence ' Mayo^ of this City, Cap' Isaack Bedloo ■
Alderman, Cap* Johannes Van Brugh,' & M'' Jacob Leysler,*
who are to meet about it w'*" all convenient Expedition to
avoid Demurrage.
' John Laurence was one of the first group of aldermen appointed by
Governor Nicolls, under the new form of government for New York City,
on June 12, 1665, and sat in the board until the end of the administration
of Nicolls, in August, 1668. By appointment from Governor Lovelace, he
was a member of the board, from October 9, i66g, until October 13, 1672,
on which date he was commissioned as mayor of the city for one year, but
his term was cut short by the surrender of the city to the Dutch in 1673.
During his last aldermanic term, October 13, 167 1, until October 13, 1672,
Laurence held the title of deputy mayor. His will was proved, May 15,
1699, and letters of administration were granted to his widow, Susannah. —
General Entries, vol. i, p. 121; vol. 4, pp. 53, 220; Orders Warrants, Letters,
vol. 2, pp. 75, 161, 176, 215-216; Court of Assizes, vol. 2, pp. 261, 294, 331,
421, 429, 571, 598; Records of New Amsterdam, vol. 6, pp. 201, 261-262,
333; Collections of New York Hist. Society, 1892, p. 307; Historical Genealogy
of tfie Lawrence Family. New York, 1858, pp. 21-22.
2 Isaac Bedlow, Bedloo or Bedloe, was an alderman of New York City
from July 24, 1667, until October 9, 1669; again from October 13, 1670, until
his death in February, 1673, and was succeeded by Oloff Stevensen van
Cortlandt, on March nth of that year. He was commissioned, on May i,
1668, " Comptroller of his Ma'.'^= Customes for this Port of New York, &
y^ rest of his Royal H^^ Territoryes," continuing in that post under Lovelace.
On August 19, 1670, Lovelace gave the new name of " Love Island " to a
" Certaine Little Island in y? Bay neare this Citty comonly called Oyster
Island," for which Bedlow had had " a Patent graimted by Col Richard
Nicolls," and the island was made " a Priviledged place where no warrant
of Attachm? or arrest shall be of force or be served unlesse it be by y? gov.
emoT^ spe[c]iall warrant in Cases of breach of y? peace or Cryminall Matf?"
This is the island yet known as Bedloes Island, in New York harbor. He
died intestate. A commission was appointed, on April 10, 1673, " to supervize.
State, & Audit " his books and accounts, and, on August 9, 1675, his widow,
Elizabeth, daughter of Comelis de Potter, having been sued by some of his
creditors, was upon her application appointed administratrix. — Orders, War-
rants, Letters, vol. 2, pp. 176,215-216, 227, 298; Records of New Amsterdam,vo\.
6, pp. 261-262, 333; Court of Assizes, vol. 2, pp. 409, 576, 603, 633, 687; Gen-
eral Entries, vol. 4, pp. 33, 47, 53, 166, 194, 220, 268, 276; Collections of N. Y
Hist. Society, 1892, p. 30; Brodhead. Hist, of N. Y., vol. 2, p. 16S; Innes.
New Amsterdam, p. 49; Joannes Neviics and his Descendants, pp. 81-84.
' Captain Johannes Peterse van Brugh.
• Jacob Leislei.
[noS!«] Executive Council Minutes 153
[122] At a Councell held in Fort
James. Novem: 22'^ 1672.
Present
The Governor
Cap' Tho: Delavall — M'' Mayor »
Cap' CorneHs Steenwijck.
The Secretary.
The Matt' taken into Consideracon was the Matt^ of M^i^'^'^, „
I Smith, &
Smith & Huntington,- occasioned by M'' Woods ^ bring- j Hunting-
ing hither Thomas Benedict * & Henry Whitney,^ who ['on.
appeared.
Their first Testimony produced, to y*^ w'^'' y" said Benedict
& Whitney were Sworne, It is dehver'd in, & read.
Thomas Bennedict declares what their Explanation was,
viz' not of Land but Meadow & Herbage bought, w''*'
appeares upon Record.
A Copie of the first Testimonyes read also.//
Mr Benedict & M' Whitney doe Declare That the Original! M' Bene-
Testimonyes now given in by them in Writing, sworne to vmi me —
before Richard Olmstead Commission^, is the very same Deponents
Writing sent by them formerly to the Inhabitants of Hunt- '° y" ^^^
ington, & that they sent noe other.
• Those present were Governor Lovelace, Secretary NicoUs, Mayor John
Laurence, and the former mayors, Delavall and Steenvyyck.
'Collateral and Illustrative Documents, No. XXV.
"Jonas Wood, of Huntington, L. L, justice of peace, having been commis-
sioned by both Nicolls and Lovelace to that office. — Orders, Warrants,
Letters, vol. 2, p. 434; Deeds, vol. 2, p. 19. See also Huntington Town Records,
vol. I, pp. 6-7, 46, 63, 148-149, 185, 503.
' Thomas Benedict, of Norwalk, Conn., and formerly a resident of Hunting-
ton, L. I. See Huntington Town Records, vol. i, pp. 8, 23, 37, 87. See also
Benedict Genealogy, by Henry M. Benedict, and Whitaker. Hist, of Southold,
' Henry Whitney, of Norwalk, Conn., and formerly a resident of Hunting-
ton, L. I. See Huntington Town Records, vol. i, pp. 16, 19, 30, 32, 66;
Phoenix. Whitney Family of Conn.
154
Province of New York
Mr Melijen
againe.
The last
Ord'- of
Councell
upon it.-
That y" Copie thereof now produced Attested by M'' Wood
& Isaack Piatt ' is the very same was by them shewn to Mr
Smith, when hee was at Norwalk with them.
[123] The w^** being much prest by Mr Smith, That Mr
Benedict should bee Sworne to the Truth thereof, hee being
unsatisfyed that it was the same; Hee was accordingly
Sworne to it before the Governo!" & Councell, in the presence
of Mr Smith his Wife & others.
M"" Melyen's Peticon taken againe into Consideracon,
MF Mayor & the rest having brought in their Report, y' they
could not accomodate y" same,- this following Ord'' was
made —
Whereas — Vpon a Peticon p'ferr'd by Isaack Melijen
to y" Governor & Councell upon the ig^^ day of this Instant
Month about Liberty to unload his Ship, that the Damage
might bee adjudged here, The Matt^ was referrd to y*
Examinacon & Inspection of Mr Mayo'', & some other able
& indifferent persons to endeavour a Composure of the
Difference between y^ Own'? & ffreight"?, of w"^*^ Report hath
been made back unto y^ Governor that they could not
attaine thereunto; The Petition afo re-men coned & whole
meritts of the Case being taken into serious Consideracon,
It is Ordered that the PetnT Isaack Melijen shall have
Liberty to unload his Shipp in this Port, to the End what
Damage the ffreight''? Goods have receiv'd, may bee viewed
& adjudged; And in the Vnloading y** ffreight*^^^ are desired
to bee ayding & Assisting unto the [124] Own?? or Masf in
' Isaac Piatt, often called Plott in the records, was a son of Joseph Piatt,
of Barrington, a village near Hartfordshire, England. He and his brother,
Richard, removed from Milford, Conn., to Huntington, in 1666, where he
became an overseer, in 167 1, and constable, in 1679. — Pelletreau. Records
0/ Town of Stnitliiown, L. /., p. 473; Huntin^on Town Records, vol. 1, pp.
44. 46. 93. 145-146, 178. 1S8; 243, 344.
2 Collateral and Illustrative Documents, No. LV.
[jaaJiy] Exccutlve Council Minutes 155
taking Notice & Ace' of their Goods as they shall bee removed.
It is likewise Ordered, That if it shall appeare that the
Damage the Goods or Merchandize hath sustayned on
board hath arisen, either from the Insufficiency of the Vessell
before shee sett forth upon hei: Voyage, or by the Willful!
neglect of the Owner, That then hee shall pay y'' whole
Charge, & such Damage as the Goods shall bee adjudged
to have receiv'd, but if it shall happen to bee found
other\vise, and that y" Leake sprung by Casualty of
the Sea's or extraordinary Stress of Weather, That the
whole Charge & Damage shall bee borne & supported by
an Avery Grosse according to the Customes in such Cases
provided.//
By Ord^ &c:
The Goods may bee putt in the Kings-Warehouse, & the
fFreight"? are desired to bee ayding in Observing the Markes
of their Goods.
Present
[125] At a Councell held in Fort
James, Jan*^.^ 27'.'' 1672.
The Governor
MrTho: Delavall
M^ Cornelis Steenwijck
The Secretary.
The first thing under Consideracon is the Letters from Albany.
Albany. J°° S'^^'
■' ards
About y^ MurdF of M!' Jn? Steward,' by two North Indyans,^ Murder.
' Collateral and Illustrative Documents, No. LXXXVI. See also Brod-
head. Hist, of N. Y., vol. 2, p. 198.
' The Mahican, an Algonquian tribe.
thereupon.
156 Province of New York \jl^%]
by Name the one Calcop,' 'tother Keketamp of the Castle
called Naratack.^
The Lett":^ from y*" Commissaryes, Cap? Salisbury,' &
Cap' Parker,* with the Relacon thereof are read. — Where-
upon this Order was made.
The Ord"^ Whereas certaine Informacon hath been given of a
Barbarous Murder committed upon the Body of one M^
Jn° Steward a Souldyer belonging to the Garrison at Albany
at or neare the s"? Towne by two North Indyans, by name
the one Kalcoep, & 'tother Keketamp belonging to the
Indyan Castle called Naracktack, which said two Murderers
are said to bee in Hold. Vpon serious Consideracon had
hereupon, & that exemplary Justice may bee done upon y"
Delinquents, [126] It is Ordered, That a Commission bee
forthwith sent up to Cap' Silvester Salisbury, Cap' Jeremias
Van Renslaer, the Commissaryes & all y^ Commission
Officers of the Militia to sitt as a Court of Oyer & Terminer;
w"*" said Co'? is to try y" Male-facto''.% & being found guilty
to pronounce y"" Sentence of Death upon them, & cause the
same to bee putt in Execution, after w^'' their Bodyes are to
' Calcop is, no doubt, a corruption of the Dutch Kaalkop, meaning bald-
head, and was applied as a sobriquet. The minutes here state that he was
a " North " Indian or Mahican, of the headquarters of that Algonquian
tribe. There was another, dubbed by this name, who was a sachem of the
Esopus Indians and had a son named Tantupawhee. The Esopus
Calcop or Kaelcop appeared, on April 11, 1670, before Captain Dudley Love-
lace and others, to certify to an agreement which Governor Nicolls had made
with the Esopus Indians, on October 7, 1665, concerning acts of hostility,
commission of murders and land grants. He is yet found as an Esopus
sachem in 1677. — N. Y. Colonial Manuscripts, vol. 22, p. 4, and recorded
in Deeds, vol. 3. See also Olde Ulster, magazine, vol. 2, p. 165; vol. 5, p. 265.
2 The reference is to Nachtenack, Nachtenak, the Mahican name applied
to the point of land at Waterford, N. Y., between the Mohawk and Hudson
Rivers. — • Ruttenber. Indian Geographical Names, p. 180; Beauchamp.
Aboriginal Place Names of Nem York, p. 194.
' Captain Sylvester Salisbury was commander of Fort Albany.
'Evidently William Parker, who was a sergeant on October 13, 1671, at
Albany. — Pearson. Early Records of Albany, p. 490.
Ijan."?] Executive Council Minutes 157
hang in Chaynes upon a Gibbett or Gallowes to bee Erected
in som[e] eminent Place neare y" Towne, soe to strike the
greater terro- in the rest of their Companions, but that it
bee left to y^ discretion of the Co^* how long time their
Bodyes shall bee exposed in that manner, according as they
shall adjudge it most safe or convenient: And that before
the Tryall Notice bee given to as many of the Indyans both
Sachems & others, as conveniently can bee made acquainted
therev\^'.^ to bee present & see the Proceedings of y^ Court
against the Murderers, where the Sachems are to bee treated
w"^ all Civility, & also that the said Indyans bee at the Place
of Execution; Of all w^*" an Acco' is to bee returned hither
to his Honor the Governor, with y^ first Opportunity.
By Ord^ &c:
Jeuffro
[127] Jeuffrou Curlers Peticon from Schanechtade desiring Schanech-
some ffavour about Liberty to trade w*** the Indyans, in tide.
regard of her great Losse by the ffire.* totradew^h
' Antonia or Tuentje Juriaense, was the daughter of Juriaen Slaghboom.
Her first husband was Jonas Bronck, of Westchester, who died in 1643. She
was soon married to Arent van Curler, of Rensselaerswyck, and removed
with him to Schenectady upon the founding of that settlement in 1662. It
was in 1667 that her now famous husband, Arent van Curler, was drowned
during a tempest by the capsizing of his canoe in Lake Champlain, probably
near Split Rock, while on his way to Canada, accompanied by Marion La
Fontaine, a young Frenchman, whom he had rescued from the Mohawks,
and bearing passports and a letter from Governor Nicolls to Governor De
Tracy. Father Jean Pierron, S. J., writing to Mrs. van Curler, on September
— , 1667, condoled with her on the sudden death of her husband, of which
19' "
he had been apprised by one of his own men, Sebastian by name, who was
with the Iroquois at the head of Lake Champlain, on their way to Quebec.
Father Pierron stated that her husband's death would cause great affliction
in Canada, as he was much beloved by the French, who were preparing to
entertain him at Quebec with much magnificence. He said that the canoe
was found broken up, and was astonished that her husband should have
trusted himself on that lake in such a wretched boat. The van Curler house
in Schenectady stood on land now occupied by the Mohawk Club. Owing
to the loss of this house, bams and com by fire, and in consideration of the
y^ Indyans.
158 Province of New York [jan."?]
Her Lett^ to M^ Delavall, & another to M*^ Beeckman ■
upon the same Acco?
An Order thereupon as followeth.
The Ordr / Vpon y*^ Request of Antonia Van Curler of Schanechtide
ereupon. ( prggnted to his Hono^ y'^ Governo- that having not long since
receiv'd a very great Losse by ffire, shee may for her p''sent
Reliefe bee soe farr indulged as to have Licence to sell some
Rumm to y^ Indyans, as also some quantity of Powder &
Lead; The Premisses being taken into serious Consideracon
It is Ordered, That in regard of the very great Losse &
Damage sustayned by the said Antonia Van Curler in having
her House, Barnes, & Corne destroyed, as by her is sett forth,
as also the Losse of her Husband, Arent Van Curler, vphile
hee was employed in his Ma''?^ Publick Service, Shee the
said Antonia his Widdow shall have free Liberty & Licence
for y'^ space & terme of one whole yeare & two Months after
the Date hereof, That is to say, from the first day of Aprill
next untill the 29*'' day of May w'''' shall bee in the yeare of
o"^ Lord 1674. to sell & dispose of to the Indyans or others
[128] in & about Schanechtide, in Rumme one hundred
Anckers, & in Lead to the Value of two hundred Beav"^ or
1000 Weight; But for Powder in this conjuncture of time
during the Warr, It's thought inconvenient any Extra-
ordinary Liberty should bee granted therein.
By Ord^ &c:
death of her husband in the public service, as above stated, she was granted
a license to trade with the Indians and others. It was also believed that a
license to her would lessen the quarrels that had been going on between two
other tapsters at Schenectady, Cornells Cornelijssen Viele and Aques or
• Jaques Cornelijssen Gantsh [van Slyck], the latter an Indian who had been
originally licensed by Governor NicoUs. — Sainsbury. Calendar of State
Papers, America and West Indies, 1661-16O8, p. 497; N. Y. Col. Docs., vol.
2, p. 652; Pearson. Early Records of Albany, pp. 56, 444; Brodhead. Hist,
of N. Y., vol. 2, p. 121 ; Van Rensselaer Bovfier Manuscripts, p. 817; Thwaites.
Jesuit Relations, inde.-c; Scharf. Hist, of Westcliester County, vol. i, p. 770.
See also Collateral and Illustrative Documents, No. LXIX.
' Thomas Delavall and William Beeckman.
[jan."?] Executive Council Minutes 159
The Matt'' of Difference between y^ two Tappers atfxhe^
Schanechtide, not thought fitt any Order shall bee madeJTapp"of
therein further, this Liberty to the Widdow probably being
Schanech-
tide.
a meane to defeat both their Expectations.'
The Commissaryes Lettr to y" Governor about y" Contri- Esopus.
bution, not yet ready, & a Request that a Tax imposed ^'^^^^^'
about three yeares agone upon their Land, Working
Horses, & Cowes may continue to support the Charge of
the Towne.^
M^ Graveraets Letter for y^ Continuance likewise.
The Ord^ thereupon.
Vpon Consideracon had what hath been represented to his The Ordr
Hono^ y'' Governor by y'= Schout & Commissaryes at y" '" ^sw''
Esopus as touching their Voluntary Contribution towards
the {fortifications here, and a Tax heretofore Agreed to [129]
bee imposed for y" time of three yeares, upon each Margen
of their Improved Land, as also upon their Working Horses
and Milch Cowes towards the defraying y^ Publick Charge
of their Towne, w'^'' said time being now Expired, they
desiring a Continuance of the said Tax, upon the same
Acco' as before; Both the said Particulars having been
taken into Consideracon, It is Ordered, That the said Volun-
tary Contribution bee Collected & paid in to M'' Isaack
Graveraat ^ the Schout in good Corne according to y^
> Collateral and Illustrative Documents, No. LXIX. The two tapsters
were Cornelis Cornelijssen Viele and the Indian, Aques or Jaques Cornelijssen
Gantsh [van Slyck].
2 Collateral and Illustrative Documents, No. X.
' Isaac Graveraet, Greveraat, Greveraet, Greveratt, was granted a letter
of denization in New York City, on November 9, 1670, " as being here at y^
Surrend^ " in 1664. He removed with his family to Kingston, about March,
1670/1, and succeeded William Beeckman as schout there. On July 12,
1671, Lovelace authorized him " to take an Acco? of all Sloops or boats
w"^'' shall come in there bound for that place [Kingston], & make an
Entry of their Loading; And likewise that hee cause y"^ Master or Skipper of
any such Sloope or Boate before hee comes away to take a Certificate or
i6o Province of New York [jan",?]
Intent & Meaning of the Donation, otherwise it shall bee
in the Liberty of the said Schout to refuse the same, & con-
strayne them to pay better. And likewise that y^ former
Taxe upon y'' Land, y'' Working Horses & Kine, bee con-
tinued for two yeares longer, or untill farther Order, begin-
ning from the Expiracon of the last three years. And for
that there was y* last yeare the Summe of sixteen hundred
Guild'^^'' allowed towards the Publick Charge of the Towne
out of y*" Excize; It is also Ordered, That an Acco' bee
given to the Governo'^ how the said sixteen hundred Guil-
ders, & y" last three yeares Tax hath been expended; when
Consideracon will bee had how the two yeares Taxe for the
time to come shall bee disposed of. o Qj-a^ r,p
That some particular Ord^ bee sent to Cap' Chambers,'
Pass-porte for his Vessdl and Loading, as is practized in other Ports." —
Court of Assizes, vol. 2, pp. 615, 657; General Entries, vol. 4, p. 3. See
sketches in Bergen. Kings County Settlers, p. 124; and N. Y. Geneal. and Biog.
Record, vol. 7, pp. 60-61. His first wife, Lijsbeth Jeuriaens, he married on
March 24, 1652; his second wife, Marritje Jans, on June 2, 1663. — Records
of R. D. Church, Marriages, pp. 16, 29.
' Captain Thomas Chambers, a carpenter by trade, had possession of a
tithable farm located between Wynant and Poesten Kills (now southern
Troy), from November i, 1647, until July 14, 1654. At the latter date he was
already a resident of the Esopus, no." the city of Kingston, but then the
principal rendezvous of the Esopus Indians, from whom he had obtained a
deed of purchase, on June 5, 1652, which w-as confirmed on September 28, 1669.
Here with a few associates, he began the actual settlement of that section of
New York. On account of the terror of Indian depredations, he abandoned
this farm, in 1635, returning after the fear had subsided. He was there dur-
ing the first Esopus Indian war, in 1658, and aided in repelling the Indians
during the second Esopus war, in 1663. Chambers was one of two represent-
atives sent from Wiltwyck, as Kingston was then called, to the general
assembly at New Amsterdam, in April, 1664. On November 8, 1659, he
was granted a lot at Fort Orange (Albany). On May 21, 1667, he received
a patent for an estate at the Esopus, named Fox Hall, and on October 16,
1672, obtained from Governor Lovelace the privilege of erecting this estate
into the Manor of Fox Hall. He died on April 8, 1694, and devised to his
stepson, Abraham van Gaasbeek, who took the surname of Chambers, all
his manorial estate and privileges. — General Entries, vol. 4, p. 216; Patents,
[jin7^27] Executive Council Minutes i6i
who is exempted from being Rated by the Towne, in regard
of his Manno- '
[130] That some particular Ord^ or Lett'' of Thanks bee f Cap* Pawl-
sent to Cap* PawHng = for his care & Vigilance concerning j^^^^J
the Indyans there, since the Murd'^ at Albany; ^ & that hee
continue the same &c:
The Governor himselfe will doe it.
Cap* Carrs ^ Lett"^^ about AfFayres there, & the Whore-Kill Ddaware.
with his Proposalls.
In particular. About y^ Sloope of Thomas Lewis, goeing
up the River &c: ^
About w"^*" this Ord^ was made.
Vpon its being represented to y^ Governor & Councell y^ O^df about
Inconvenience of debarring Sloopes & Vessells of this Place goe°ngupto
from goeing up y" River ® above New Castle, Although it N: Castle.
vol. 2 (second part), pp. 45-47; Land Papers HH, p. 102; Van Rensselaer
Bowier Manuscripts, pp. 755, 835; Olde Ulster, magazine, vol. i, pp. 77-83'
117, 304, 333; vol. 2, pp. 97-104; vol. 3, pp. 303-311, 353-354; vol. 5, pp.
327-336; Schoonmaker. Hist of Kingston, pp. 6, 492; Brodhead. Hist, of
N. Y ., vol. I, pp. 536, 607, 711, 728-729; vol. 2, pp. 194-195; Collections of
N. Y. Hist. Society, 1893, pp. 122-123.
1 Collateral and Illustrative Documents, No. LXXXVII.
2 Captain Henry Pawling had come over as a soldier with Colonel Richard
Nicolls, in 1664. He was given an honorable discharge from his regular
military service by Governor Lovelace, on April 18, 1670, it " being now a
Time of Peace," and to afford Pawling an opportunity " to follow his private
affaires." At the same time Pawling was commissioned captain of " the
ffoot Compel listed or to bee listed in the Townes of Marbleton & Hurley &
precincts at Esopus." He describes himself in his will, dated January 21,
1691, as " of Marbletown, in the County of Ulster, being weake and sicke."
This will was proved on March 25, 1695, and letters of administration were
granted to his widow, Neltie or Neeltje, daughter of Albert Heymans Roosa,
of Hurley. — A''. Y. Colonial Manuscripts, vol. 22, p. 100; Collections of N. Y.
Hist. Society, 1892, p. 251. For the family history see Pawling Genealogy
(1905), pp. 13-15, 26; Olde Ulster, magazine, vol. i, pp. 339-342.
' The murder of John Steward. See Collateral and Illustrative Documents,
No. LXXXVI.
• Captain John Carr.
> Collateral and Illustrative Documents, No. LVI.
• Delaware River.
[II]
1 62 Province of New York hluJQ
bee permitted to all Vessells within the Governm- to goe
up y" River ' to Albany, as also the Distast w"*" hath been
taken, that some have had Licences soe to doe, whiles
others are restrayned; It is thought fitt & hereby Ordered,
That the Prohibition thereof shall bee taken away, & it
shall & may from henceforth bee lawfull for any Sloope or
Vessell to goe up the said River,- bringing a Certificate from
y^ Governo"^ of his coming from hence, but that noe other
Vessell shall have the like Liberty, but such as doe Sayle
from this Place thither directly. n o i\r tu .
[131] A Lett'' from M^ Wharton,^ & another from Cap'
Cantwell * about y*^ Affayres of y'^ Whore-Kill.
A Proposall for y^ Reducem* of y'^ Whore Kill by the
Offic'''' from Delaware according to their Proffer. ^
The Consideracon hereof to bee suspended untill the
Returne of Henrijck the Loper,° or a convenient Oppor-
tunity of sending.
Douglas. Yhg Lettr w**" which W" Douglas was sent from
Delaware.'
The Ordf Ordered, That in regard of the Trouble hee hath given
' Hudson River.
» Delaware River.
• Captain Walter Wharton.
' Captain Edmond Cantwell.
' Collateral and Illustrative Documents, No LXX.
•On November 24, 1671, " Hendrick Drooge-Straet, als de Loper," of
New York City, was given a warrant to enable him " to pass Delaware River
downe to New-CasUe, or back againe toward this place [New York], having
Lett'^.s g^ Dispatches of publicp Conceme." — General Entries, vol. 4, p. 72.
In the records he is named also " Henry y"= Loaper." — Ibid, p. 46. Drooge-
straet became a resident of Elizabethtown, N. J., where he was a baker.
His wife was Margaret Stuyvesant, stepsister of Director General Peter
Stuyvesant, and former wife of Jacob Backer. — Records of New Amsterdam,
vol. 6, pp. 255-256; A'. /. Archives, vol. 21, p. 50; Hatfield. Hist, of Elizabeth,
pp. 249-251.
' Collateral and Illustrative Documents, Nos. XIII and LXXXVIIL
ban."?] Executive Council Minutes 163
the Countrey, hee bee sent by W™ Shackerley ■ for the
Barbados, there to bee sold & Disposed of, to make Satis-
faction towards the Charges hee hath occasioned.
About y® Prison":^ Request for their Liberty,^ & first of Be°-Jo*»-
_ ■' , ^ ■' son &
Benjamin Johnson, It is ordered as followeth. Thom:
The Case of Benjamin Johnson a Prison'' in y'' State- Faulx.
House ^ of this City being taken unto Consideration, together ^^^^^
w**^ the long time of his being in Durance, It is Ordered, -j-iie ordf
That in regard hee hath received the full Corporall Punish-
ment, hee was condemned to suffer, & there remaining noe
part of his Sentence to bee executed, except the Banishm',
That hee shall forthwith bee releast out of Prison by the
Sheriffe,* with Liberty to returne to his House,^ & goe about
his Affayres, but that hee presume not [132] at his Perill to
come nearer to any part of the City then his Habitacon,
untill the first day of March next, when hee is againe to
Surrender himselfe into y^ Custody of the Sheriffe, & farther
Order will then bee given him by the Governo^.z'
By Ord^&c:
> The records show that WUliam Shackerley was master of the ship " Mary,"
in 1668: of the "Adventure," of which Robert Rich, Jr., of Barbados, was
owner, in 1670; and of the ship " Endeavour," in 1672-1673. — Court of
Assizes, vol. 2, pp. 574, 587, 589; Deeds, vol. 3, p. 131; General Entries, vol.
4, pp. 213, 260; Records of New Amsterdam, vol. 6, pp. 158, 159, 244, 246.
For his will, dated July 13, 1680, in which he is called " of New York, mar-
iner," see Collections of N. Y. Hist. Society, 1892, p. 466.
2 Collateral and Illustrative Documents, No. LXXXVIII.
'The old Stadt Huys or city hall was erected originally in 1642, under
the auspices of the Dutch West India Company, as a tavern, and was granted,
in 1654, to the burgomasters and schepens of New Amsterdam. It was
substantially built of stone and stood on the present northwest corner of
Pearl street and Coenties Alley until demolished in the spring of 1700. For
an account of this building, with plans and illustrations, see Innes. New
Amsterdam and its People, ch. xv.
* Allard Anthony.
'Johnson was the hangman of New York City; Faulx and the third accom-
plice in the thefts, Roger Essex, were servants of Captain John Manning. —
Magazine of American History, vol. 16, pp. 234-235.
1 64 Province of New York hln'Q
The Ord' About Thomas fFauIx; It is Ordred, That according to
upon ye Sentence of y"^ Court hee bee Transported out of the
Government by the first Convenience; In the meane time
to remaine in Custody.
Quakers t-i /-i • i i r r
Paper. I he Consideracon hereoi for y*' p'sent to bee suspended.*
Cap* Man- A Peticon from y"^ Inhabitants of this Island against
^^s- Cap' Mannings Patent for Land by the ffrench-Manns.-
Order. That y^ Governo- wrill in some convenient time cause to
bee layed out a Proportion of about fourty Acres of Land
according to his first Proposalls, the which hee may enclose,
but not more; but that hee have Priveledge of Commonage
vpith other Inhabitants.
About Vpon Complaint made by y"" great Quantityes & Noy-
The Order, someness occasioned by keeping of Hoggs in [133] the City,
It is Ordered to bee Recommended to the Court of Mayo''
& Alderman to finde out some Expedient for y^ Clearing
the Towne of them, or that they bee kept vi^ithout the City,
that they bee noe longer a Nusance to the Neighbourhood.//'
I Her Peticon read, for Liberty to come hither w"" her Sonn,
and Sloope, w^ith Goods.
An Order accordingly to M^ Mayo^ not to grant any
Warrant or Attachm' either against her or her Sonn,
Sloope, or Estate, shee shall bring w^'*' her.* — The Ordr
at large.
The Wid-
dow Davis.
' Related to contributing toward the repair of Fort James.
» Jacob, the Frenchman, also known as Jacob Fransen or Fransman, dwelt,
in 1665, outside of the land gate of New York City, or Broadway above
Wall Street. No grant of land to Captain John Manning, in this section,
has been discovered. On February 21, 167 1/2, Manning received a patent
for land north of Turtle Bay.
' Hogs at large in New York City were a grievance from the Dutch period
to the early nineteenth century. The court of burgomasters and schepens,
immediately after the recapture, in August, 1673, passed ordinances for
preventing them from straying and injuring the fortifications. — Records of
New Amsterdam, vol. 6, p 406; vol. 7, p. 36.
« Collateral and Illustrative Documents, No. LXXXIX.
[janJiy] Exccutivc Councll Minutes 165
Vpon y^ Request of Sarah y^ Widdow of Nicholas Davis ' The OrdF
deceased made unto his Hono- y'' Governo'', That shee
may have Liberty to come to this City w*'' her Sonn Samuel
Davis, together v?"' his Sloope & Loading, without any
Molestacon by Arrest or Attachment, from any of her late
Husbands Credito'^^% the better to bee enabled to treat w^^,
& if Occasion bee Compound w'** y" said Credito'^% &
• Nicholas Davis was a prominent merchant-trader, whose ships sailed
from New England to New York, Virginia and Holland, as the records reveal.
He obtained a large tract of land from the Indian sachem, Hianna,
located on an inlet, now called Lewis Bay. It was called Hyannis, and was
in the town of Barnstable, then of Plymouth Colony. On this farm he built
his home and a large warehouse, and resided for many years. Some time
between April, 1669 and April, 1671, he removed to Newport, R. I., no doubt
changing his domicile on account of his avowed attachment to the tenets
of Quakerism. On the last named date he agreed to sell his Hyannis holdings
to Dr. Henry Taylor, of Boston, and at that time he was already a resident
of Newport. Davis had houses in the Smiths Fly, New York City; bought
an estate at White Stone, L. I., on February 15, 1671/2, and had possessions
in Newport, where he was admitted a freeman of the colony, on May 2, 1671.
He was also owner or part owner of ships and shipping, as well as holder of
merchandise. On June 24, 1672, he was accidentally drowned in Newport
Harbor. Dying intestate, with his possessions entangled in litigation and
by debts, his wife, Sarah, refused " to administer or intermeddle therein "
in New York, and his creditors, among them Dr. Henry Taylor, were, on
February 20, 1672/3, appointed administrators. Davis seems never to have
made good his bill of sale to Dr. Taylor for the Hyannis farm; hence Taylor
brought suit at the court of assizes, in October, 1672, for attachment on the
estate and appurtenances at White Stone, L. I. Sarah Davis, having been
" allowed Administratrix to her Husband by y'' Governo"' & Assembly at
Rhode Island," for his estate in that colony, did not appear at the October
term, but at a special court, in December, was represented by Lieutenant
Joseph Torrey, of Rhode Island. Dr. Taylor was put in possession of the
White Stone property, where he resided until his death in 1719. On July 4,
1673. John Whalley, of Boston, was appointed administrator of Davis's
estate in Plymouth Colony, and on the same day the court assigned a house
and land in Barnstable to Mrs. Davis, in lieu of her dower right. — Court of
Assizes, vol. 2, pp. 295-296, 304, 306, 308, 332-335; Orders, Warrants, Letters,
vol. 2, pp. 63, 87, 270; Deeds, vol. 3, p. 140; Collections of N. Y. Hist. Society,
1892, pp. 26-27; 1893, pp. 198-199; Otis-Swift. Genealogical Notes of Barn-
stable Families, vol. i, pp. 291-292, 294-296; Records of R. I. Colony, vol. 2,
PP- 374. 507; Arnold. Vital Records of R. I., vol. 7, p. 98; Plymouth Colony
Records, vol. 5, pp. 124-125; vol. 7, pp. 178-179.
1 66
Province of New York
r 1673 1
Ijan. 28J
likewise use y^ meanes to gather in & receive such Debts as
were due unto her said Husband, And when time & Season
suites, after such Goods as are on board upon fFreight are
Landed, That shee may w'*" her said Son & his Sloope,
quietly depart againe without any [134] Lett or hinderance,
thereby to seek & Endeavour to give all the Credito?^ the
best Satisfaction shee can enabled to; The Premisses being
taken into Consideration, & that all possible ffavo'' may bee
extended to the Widdow in her soe just & reasonable
Endeavo"?; It is Ordered That the said Sarah Davis her
Request bee fully Granted ; of w'^'' the Mayo'' of this City,
Justices of the peace, & all other Offic'? whom it may Con-
cerne are to take Notice, That they issue forth noe Warrant
of Arrest or Attachment, against y'' said Widdow, her Sonn,
his Sloope,* or any of the Goods or Loading shee shall bring
in her, but that they have free Egresse & Regresse to &
from this Port without any manner of Lett, hindrance, or
Molestacon whatsoever.
By Ord' &c.
A Packett
from
White-
HaU.
Pres?
[135] At a Councell &c:
Jan-'.y zS'J' 1672.
The Governor
Mr Tho: Delavall
Mr Cornells Steenwijck
The Secretary.
The Occasion of Meeting was y'' Reception of a Packett
from White-Hall by the hands of M'' George Moore,- which
came from England by the way of Boston; hee arrived in
the After-noone about 4 a Clock.
' The sloop of Samuel Davis was the " Dolphin."
' Apparently this is the George Moore who had land patents in Delaware. —
See Original Land Titles in Delaware, pp. 102, 128, 165.
^priPiJ Executive Council Minutes 167
The Pacquett came only from S^ Joseph WilUamson,
w"" diverse Newes-Bookes ' &c: relating y^ Miscarriage of a
Packett from his Ma''^, w'^^ M'^ Gorsuch ^ was to give Acco'
of, but his Letter is not Arrived. The Letter v?ritt in hast,
but mentions noe Publick Busynesse.
[136] At a Councell held &c:
Apr: 14''' 1673.
Present
The Governor
Mr Delavall
M' Steenwijck
The Secretary
The Busynesse of Peter Groenendijke suspended for a PeterGroe-
/. r~i , nendijke
tew Uayes/
M^ Gardn"^ of Nantuckett his Businesse suspended. #* Mr Gard-
ner of Nan-
• Newspapers. tuckett —
2 Richard Gorsuch, who conveyed his right to a patent for a tract of land
on the west side of Delaware River to Governor Lovelace. It is described as
" bounded on y"= North by a Creek called by y<= Indyans Quiackitkunck als
Nicambanack Creek, & South by y" North-side of Pemecacka Creek, passing
over Pasaquessing Creek." — General Entries, vol. 4, p. 189 (dated in an order
relating thereto, August 12, 1672).
2 Collateral and Illustrative Documents, No. XC. Peter Groenendijcke,
Groenendijke, Groenendike, Groenendyke, Gronendike, also called Peter
Smith, was granted liberty to trade with the Indians at the Whorekill, on
October 22, 1670. He had a pared of land, granted to him in 1679, on the
west side of Delaware River and on the north side of Murther Creek, called
" new Seavenhoven." — Court of Assizes, vol. 2, p. 610; Original Land Titles in
Delaware, pp. 41-43. For a sketch see Bergen. Kings County Settlers, p. 126.
« Collateral and Illustrative Documents, No. XVIII. Richard Gardner was
appointed by Lovelace chief magistrate of Nantucket, in place of Tristram
Coffin, in April, 1673. At a meeting of the inhabitants of Nantucket, on
March 22, 1666/7, he was given a grant on the island " according to the
Grants made to Seamen and Tradesmen, upon Condition that hee exercise
himselfe as a Sea-man, and that hee come to Inhabitt here with his ffamily
before the End of May, — 68. And after that his Entrance here, not to
depart the Island in Point of dwelling, for the Space of three Yeares, upon
Forfeiture of the Grant aforesaid." — Deeds, vol. i, p. 74.
1 68
Province of New York
r 1673 1
LApril 14J
Whore-KUl.
Order for \
its Re- I
ducem^
Quakers
Petition
Lawes
Military
to bee
attended.
The Bakers
about y^
Cure-
Mastr
The Order.
Kingdome
& Tijs
Barents.
The Affayres of the Whore-Kill taken into Consideracon.'
The Lett'^ from Cap' Carr,= Cap' Wharton,' & Cap?
Cantwell * read, with their Proposalls for Reducement of
the Place.
It is Ordered, That a Commission bee sent to y^ Offic''? &
Magistrates at Delaware to goe to y" Whore-Kill, there to
keep a Court in his Ma*'.'''' Name, & to make Enquiry of all
Irregular Proceedings, & to settle the Governm' and Officers
there as formerly under his Ma"" Obedience, & the Pro-
tection of his Royall Highness, for the w'''" there shall like-
wise bee sent particular Instructions.//
[137] The Quakers Paper about y'^ fFortifications con-
sidered of
That the Lawes bee Attended as to Military Matt",*
& his Ma"?^ Proclamation as to the Liberty granted to
Non-Conformists; other Matt^-^ relating to them to bee
suspended.
The Bakers Peticon about y^ Cure=Masters Place of
Bread & Floure, considered of.
Vpon y'^ Peticon of y'' Bakers &c: It is thought fitt. That a
Meeting shall bee had by y*^ Governo'' & Councell w'*' y®
Mayo'' & Aldermen, to discourse & consider of this particular
Business, when all Persons that are concern'd shall have
Notice to appeare &c: "
The Busynesse of Kingdome & Tijs Barents ' referr'd
' Collateral and Illustrative Documents, No. LXX.
' Captain John Carr.
' Captain Walter Wharton.
' Captain Edmond Cantwell.
' For the provisions of the Duke of York's laws as to military affairs, see
Colonial Laws of New York, vol. i, pp. 49-55.
' Collateral and Illustrative Documents, No. XCI. The records of the
mayor's court for this period are missing.
' Tijs or Mathijs Barentsen is found as one of a number of recently arrived
persons who, on August 22, 1661, petitioned for land on Staten Island. — N. Y.
Colonial MSS., vol. 9, p. 735.
UItPis] Executive Council Minutes 169
back to y^ Justices that sate upon the Bench for their Deter-
minacon, of w"" to make Report to y" Governo"'
Tan Tansen's Peticon to bee referr'd to the Viewine of J^J^'*-
. sens Peti-
the Governo'', & some of the Councell, in some short tion.
time.
Mr Nicholls his Charges at Delaware, Anno 1669. An ^- N'«^°"^
Order for the Payment of it out of the Long ffinns ffines as ^f ^^i^.
before.^ ware. —
[138] Delaware Last Charges to bee p"? out of the Publick,' Delaware
but suspended for further Consideracon how & in what- '^^"^
Charges.
manner.//
Some Survey's from M^ Wharton,^ Ord'red to bee Patented, [Surveys
w*'' the Restriction of settUng in due time. Wharton
to bee
(^patented
Present
[139] At a Councell in y" Fort &c:
Apr: i8'^ 1673.
The Governo'
& Councell.
The Mayor
& Aldermen.
The Matt^ under Consideracon was y^ Complaint of Juriaen
Jurian Blanck* on y^ behalfe of his Daughter' against ■d^^'^q
J Collateral and Illustrative Documents, No. XI. nendijke.
2 Collateral and Illustrative Documents, No. LXXIII.
'Captain Walter Wharton.
'Juriaen, Jurian or Jurijaen Blanck, St., was a skipper engaged in trading
with the Swedes on the Delaware as early as 1643. In 1646, while attempting
to trade on the Schuylkill, the Swedish commander ordered him away. In
the will of his widow, Catharine, dated September i, 1698, their children are
mentioned. — Brodhead. Hist, of N. Y ., vol. i, pp. 380, 424; Collections of
N. Y. Hist. Society, 1892, p. 296.
' Annetije or Jannetije Blanck. Apparently, after the Groenendijcke affair,
she was married to George Brewerton. — Collections of N. Y. Hist. Society,
1892, p. 296.
lyo Province of New York UpriPisl
Peter Smith ats Groenendijcke, & the Affayre between him
& Maria De hanoy./f '
All the Papers & Peticons read on both parts. if ^
Jurijaen Black Senr & Jun^, & Jannetlje & Katharine
Blanck ^ his Daughters w"* Albert Bosch * his Sonn in Law
appeare before y^ Governo"" to bee heard what they could
prove of y^ Allegacons putt in against Peter Groenendijke.
Peter Groenendijcke also w**" M'' Sharp ^ his Attorney
present; Peter brought in by y^ Sheriffe.'
Hee is Ordered to bee Committed into y" Custody of the
Sheriffe, & not to stirr out of y'' fFort.// '
Maria De Lanoy w"" her Brother Peter appeare.
Shee declares Peter Groenendijkes making Love to her
to beginn the last yeare in the fore part of [140] the yeare,
and that hee lay w'** her in Octob''//
Shee produces two Papers, one his Oath Dated Aug: S"^
1672. & a Paper of Aprill y^ i''^' under y'' hands of fFredrick
Gijsbert ' & his Wife; M"' De Pijester,^ Peter De Lanoy, &
Cornelia de Pijester.
It was putt to y" Vote, whither Peter Groenendijke shall
be permitted to marry either of the two young Women.
> Collateral and Illustrative Documents, No. XC. See also Valentine's
Manual, i860, p. 596.
' These papers have not been found.
' Katharine or Katharina Blanck is named in her mother's will as " Cata-
lyna, wife of Frans Boon." — Collections of N. Y. Hist. Society, 1892, p. 296.
• Albert Bosch or Busch, son of Hendrick Bosch and Ann Maria Rembach,
was born in Leyden, in 1645. He came over with his parents in 1660, and
married, on May i, 1668, Elsie, one of the daughters of Juriaen Blanck, Sr.
Like his father, he was a smith. His widow, Elsie, is mentioned in her mother's
will. — Riker. Revised Hist, of Harlem (1904), p. 368; Collections of N. Y.
Hist. Society, 1892, p. 296; Records of R. D. Church, Marriages, p. 33.
' John Sharpe.
• .\llard Anthony was sheriff of New York City.
' Fort James.
• Fredrick Gijsbertseu.
» Johannes de Peyster, who was at this time an alderman of the city.
Iap^^is] Executive Council Minutes 171
M^ Darvalls ' Opinion is, That hee should marry one
of them, the w'='' can make her Right best appeare to
him.
Mt Rombout,^ That hee is capable to marry one of them.
M"' De Pijester, That hee should marry one.
M!' OlofFe Stevens ' the like.
Mr Van-Ruijven " desires to consider of it before hee gives
his Answer; but after saith one.
M;^ Mayo^ ^ desires Informacon as to a President, but after
yields to one.
The Secretary," That having broken his Troth to both,
hee should have neither.
M^ Steenwijck' for one.
Mr Delavall * for neither, but to bee severely punisht, &
his Estate divided between them.
The Governor for one.
[141] The farther Consideracon to bee respited till Mun-
day at two a Clock at this Place.
In y'' meane time Peter Groenendijcke to putt in New
Bayle (the old Surrendring) or to goe to Prison.
' William Darvall or Dervall, who had been commissioned an alderman of
New York City, on October 13, 1672. He was a merchant trader of New
York City, to whom Governor Nicolls had granted permission, on September
16, 1665, to trade and traffic anywhere in the English colonies of America.
From time to time, he sent large quantities of goods and merchandise to his
brother, Cornelius Darvall, a merchant of Amsterdam, and in this trade
Thomas Delavall, his father-in-law, was interested with him. Darvall had
married Rebeckah, daughter of Delavall, in 1670 (marriage license granted
on September 12th). In 1675, Darvall was mayor of New York City — an
ofiBce previously and subsequently held by his father-in-law — General Entries,
vol. I, p. 138; vol. 4, p. 220; Court of Assizes, vol. 2, p. 589; Deeds, vol. 4. p. 40.
' Francis or Francois Rombout.
' Oloff Stevensea vanCortlandt,at this time an alderman of New York City.
* Cornells Van Ruijven, at this time deputy mayor of New York City.
' John Laurence was mayor.
' Matthias Nicolls.
' Cornells Steenwijck, of the council.
' Thomas Delavall, of the council.
172 Province of New York UpriliJ
TheBakers. The Bakers Peticon then to bee taken into Consideracon.^
As also a Peticon heretofore sent from y^ Mayo^ & Alder-
men about Sewant, or some other Coyne.^
At a Councell held at fFort
James in New Yorke, y^
az'*" day of Aprill 1673
the Governo"^ being Yes-
terday absent.
Present
The Governor
& Councell.
The Mayo^
& Aldermen.
Peter Groe- A Peticon from Peter Groenendijcke to excuse his goeing
rTtu"^^ away, & breaking his word.^
A Deposition of Annetije-Romers * taken before y'^ Publick
Notary W"" Bogardus^ in Dutch [142] read by Mr Van
Ruijven.
A Petition from Maria De Lanoy's brought in & read by
him likewise.
Reyner Reyneer Willems ° Baker saith, being present at Albert
Willetns
Testimony. ' Collateral and Illustrative Documents, No. XCI.
2 The records of the mayor's court for this period are missing
' Collateral and Illustrative Documents, No. XC.
' Anneke Romerse, or Roemerse. See Records of New Amsterdam, vol. 6,
pp. 290, 299, 307.
' William Bogardus had been appointed a Dutch notary public by Governor
Nicolls, on June 18, 1668, " for the Conveniency & Good of the Dutch Inhab-
itants of this Citty & Governmt as well as for Strangers of that Nation who
may arrive here," and Lovelace had reappointed him, on September 10, of
that year. — Orders, Warrants, Letters, vol. 2, pp. 211, 246.
' Reynier Willemsen, a baker of New York City, married, on April 10, 1660,
Susannah, daughter of Arent Teunisen and Susannah Jans. — Collections of
N. Y. Hist. Society, 1892, p. 107. See also Records of New Amsterdam, vol. 6,
pp. 67, 287; Records of R. D. Church, Marriages, p. 25.
UriliJ Executive Council Minutes 173
Bosch's House, when Peter Groenendijk returned from
Stratford, hee heard Juriaen Blanck the ffather ask him,
Will you marry my Daughter or noe ? Yes said hee. And in
two dayes the Banes shall bee putt in, if it bee not hindred;
This without any seeming ffeare of fforce.//
Cornelisse the ffisher ' was present, & for that hee could
say noe more, desired to bee excused in y^ Morning from
Attendance having Busynesse by Water.
Two Deposicons from two Widdowes read concerning
Discourse with Maria De Lanoy.//
Its alledged that Maria may not bee w'^ Childe, soe putt
to Question to bee searcht.
Juriaen Blanck Sen^ & Jun% Katharina Blanck, & Albert
Bosch's Testimonyes read.
Another Paper p'^ferrd by D^ Jacob Vervang*:^ Wife ^
Mariekije about Peter Groenendijcks being heretofore
engaged to Maria Vander Grift.// ^
Peter Groenendijck is called in to heare it read.
« Perhaps this refers to Cornelis de Visser, also known as Cornells Jansen de
Visscher. — Records of New Amsterdam, vol. 7, p. 20; Collateral and Illustrative
Documents, No. LXXV, in list of contributors.
2 Dr. Jacob Hendricksen Varvanger, Varrevanger, Vervangher (and other-
Vfise), came over to New Amsterdam, in 1646, and was official surgeon under
the Dutch West India Company until his discharge, in 1662. Upon the
English occupation, in 1664, he took the oath of allegiance and continued to
practise his profession in New York. He died before February, 1677, when
his wife, Maritje Jacobs, is found in the records as a widow.
^ Apparently Maritje, daughter of Paulus Leendertsen vande Grift, baptized
April 29, 1653, and who was married to Gerrit van Tricht. Her father
remained in New York untU October, 1670; disposed of his property, and
returned to Europe. His children, Gerrit, Margaritie and Maritje, were
granted passes by Lovelace, on October 24, 167 1, to ship for England and
Holland in the ship " Good Fame of New York," together " with their Goods
& Necessaryes." Gerrit is called " y^ Barber " and also " Chyrugion of the
ships crew." The deposition of Dr. Varvanger's wife is explained by the
absence from the country of Maritje vande Grift. — General Entries, vol. 4,
PP- 55> 57; N. Y. Colonial Documents, vol. 2, p. 43; Bergen. Early Settlers of
Kings County, p. 317; Records of New Amsterdam, vol. 6, pp. 267, 272, 287-
174 Province of New York Upril^]
Hee denyes all, but that some Proposicons of Marriage
were made between them.
Some Papers putt in by P. Groenendijke to Invalidate the
Testimonyes before putt in.
[143] Maria De Lanoy her Mother & Brother called in,
w**" Anneke Romers, whose Deposition was read to them all.
And also y" Papers brought in by Pet: Groenendike read.
Albert Bosch called in w'*^ y^ (Father and Daughters.
Another Witnesse that lives at JeufFro Philips ' of Words
spoken & Maria's ^ Answ"'.
They are all Ordered to withdraw.
Then y^ Governor having Ordered a private Examinacon
of Peter Groenendijke, Jannetije Blanck, & Maria De
Lanoy, Hee was pleas'd to leave the Chayre to M?' Delavall '
& the rest, soe retired.
Afterwards upon y^ Governo" Returne, The Meritts of
the whole Case being debated at large. The Co" made this
following Order.
At a Court Extraordinary held
before y* Governo'' & Councell
& Mayo'' & Aldermen at ffort
James in New Yorke y"" 22'**
day of Aprill 1673.
The Ordr The Court having maturely & w'^ Deliberacon heard &
of Court— Examined into the Matt'' of ffact committed by Peter Groen-
endijck als Smith w'*' Annetije Blanck, & Maria De Lanoy,
[144] They doe adjudge, That y*" said Groenendijke is
culpable of a very great Crime in debauching two Daughters
• Apparently Margaret Hardenbroek, daughter of Adolph Hardenbroek,
who was the widow of Pieter Rodolphus de Vries, a merchant of New .Amster-
dam, when Fredrick Felypse or Philipse married her in 1662
• Maria De Lanoy.
•Captain Thomas Delaval!, member of the council.
[ipSy Executive Council Minutes 175
of honest & Vertuous Parentage of this City under y^
pretext of Marriage; And it being made manifest, That hee
hath gotten them both w'*" Childe, & each of them having
made their Complaint & sued to bee marryed to him accord-
ing to his Promises to them; Wee doe finde that having
falsifyed his fFaith to both hee is incapable of marrying of
either of them; And for Reparacons of the Injuryes they
have received by his Allurem'?; The Court doth Order &
Aw^ard, That y® said Peter Groenendijke shall pay or cause
to bee paid unto Annetije Blanck the Summe of One hundred
& fifty Beave'^.% or the Value in Peltry, and the like Sume of
One hundred & fifty Beavers more or Value in Peltry to
Maria De Lanoy, & shall also for his Misdemeano'' & breach
of the Law, pay as a ffine to his Ma"" the Suiiie of seaventy
five Beavers, or Value as afore specified. And likewise
that hee the said Groenendijke bee Committed into y®
Custody of the SherifFe of this City untill hee make Satisfac
tion as aforesaid, or give Security for paym' of y^ same within
the space of six Weeks after the Date hereof. All Partyes
aggrieved are to beare their own Charges, but the Party cast
is to pay the other necessary Costs & Charges of this Suite. y
By Ord^ of y" Governo''
and Court —
[145] At a Councell held at Fort James
y" zq'*" of Aprill 1673.
Present
The Governo'^
M'' Steenwijck
The Secretary.
The Matter under Consideracon is about the Exportacon
of Come. phibited.
Exporta-
con of
Wheat
1 76 Province of New York Upril^l
That an Ord'' bee made hereupon to Prohibitt y" Trans-
portacon of Wheate in Grayne & Meale as before, untill
farther Order.'
The Order thereupon is as followes. Viz'
The Ordf Whereas y^ former Ord''? made prohibiting y" Trans-
portacon of Wheat in Grayne & Meale out of y® Governm
were heretofore adjudged Beneficiall, & for y^ Generall
Good of y'' Inhabitants, yet notwithstanding upon severall
AppHcations made as well to the Governor as also to y' last
Generall Court of Assizes, That the said Prohibition might be
taken off, An Order issued forth from y® said Court com-
plying w"' their Request, upon the Provisoes in the said
Order sett forth; But having since found by Experience
y^ Inconvenience thereof; and that the prices of Corne
doth not amount to the Value proposed; Having likewise
susteyned a very hard Winter, w''^ hath almost consumed all
other Grayne w^" hath been made use of, for the support of
Cattle, soe that [146] httle or none is left but this alone for
y" Reliefe of the Inhabitants; For the Reasons aforesaid, as
also for diverse other good Causes & Consideracons, The
Governo'' by & with y'' Advice of his Councell hath Ordered,
& by these p'sents doth hereby Order & Declare, That y®
Permission for the Exportation of Wheat in Grayne or Meale
out of this Government made the last Generall Court of
Assizes ^ shall bee suspended, and the former Orders for
the Prohibition to bee in fforce from and after the Date hereof,
> Collateral and Illustrative Documents, No. XLI.
'The court of assizes, in October, 1672, had ordered, " That y^ Prohibicon
for y^ Transportation of Corne for this yeare bee repealed; & it shall bee
lawfull for any Man to transport Corne to Boston, or any place out of the
Governm*, as long as the price of Merchantable Winter WTieat shall bee
4^: 6^ & Summer Wheat 4? in Silver or above, but not under that price, upon
the penalty of forfeiting the Value of what they shall soe dispose of; And
what Strangers shall come to purchase Corn here, they shall not buy it under
4? & 38: 6^ in Silver, or Goods Equivalent upon like Penalty." — Court of
Assizes, vol. 2, p. 323.
Uay'^^isl Executive Council Minutes 177
^th ye same Provisoes & Limitations, & under y'' same
Penaltyes as heretofore; And that noe Person doe pre-
sume to transport any such Corne or Meale as aforesaid,
without a particular Lycence from the Governo"' for the
same. This Prohibition is to bee & continue in force untill
farther Ord^
By Ord"' of y^ Governor
and Councell —
Present
[147] At a Councell in y^ Fort.'
May 15'.'' 1673.
The Governor
Cap' Delavall
Cap- Steenwijck
The Secretary. A tre
from y'^
The Dukes Lett'^ Dated Novem: 25'.'' read, relating to D. about
New Jersey.-
A Letter from y'' Lord Berkley' & S' George Carterett Anotha:
to recommend y*^ Affayres of New Jersey to y*^ Governo'' l^ Berkley
Colt: Nicolls Patents of Elizabeth Towne and Nevisans &c:
now made void by the Duke.*
A Letter from y"^ Lords Proprieto" to Cott Nicolls con-
firming his Patents before Cap' Philip Carterets Arrivall
being objected, the State of y*^ Case to bee returned to his
Royall Highness.
' Fort James, New York City.
* Printed in Learning and Spicer, p. 31; and in A^. /. Archives, vol. i,
pp. 97-98.
' John, Lord Berkeley, of Stratton. For a letter from the proprietors to
the deputy governor and council of New Jersey, December 10, 1672, see
N. J. Archives, vol. i, p. 108; and instructions of December 10, in ibid, p. 105.
' Navesink, N. J. See N. J. Archives, vol. i, pp. 14-19, 43-48, 108; Hat-
field. Hist, of Elizabeth, pp. 29-42, 50-51.
[12]
178
Province of New York
r 1673 1
LMay 15J
Milford
Post.
Beacons to
bee erected.
Whore Kill.
Sessions
adjourned.
An Ord"'
thereupon.
A New
Sheriffe
in y? E.
Riding.
The Ord''
About y° Continuacon of y^ Post to Milford, Concerning
w'^'' Governo'' Winthrops' Lett'' of Encouragem' is read, —
It is Ordered, That hee bee employed to goe to Milford, but
not to bee putt in practice till a Returne from Boston.^
About the Erecting of Beacons,
That it bee putt in Practice as farr as possible.
The former Ordr of Councell about Reducing the Whore-
kill. That it bee putt in Execution by Commission to the
Officers there.^
[ [148] About y* Sessions, That it bee putt off this June till
the Assizes or next Sessions in Decembr at this juncture of
time, of which Notice is to bee given to all the Justices.*
An Order to referr to. Vide y'^ 4'*' Book of Entryes.
That a New Sheriffe bee Nominated for the East Riding.
And Ord"^ thereupon — viz?
The Governo"" & Councell having taken into Consideracon,
That y^ time drawes nigh wherein a Returne of the Nomina-
tion of High Sheriffe is to bee made, the three Ridings having
successively taken their Turnes in having a Sheriffe for
two full yeares together, the East Riding beginning, then
the North, & at last y*" West Riding To the end the Direc-
tions in the Law bee Attende[d,] the Justices of y^ peace
for the East Riding are to make Returne unto y^ Governo"^ of
y* Names of three Persons, out of whom his Hono'' will pitch
upon one who shall have Commission to bee High Sheriffe
of York-shire upon Long Island for y"^ yeare ensueing in
y"^ Place & stead of Cap* Jn? Manning^ the p'^sent High
' Governor John Winthrop, the younger, of Connecticut.
2 Collateral and Illustrative Documents, No. XCII.
' Collateral and Illustrative Documents, No. LXX.
« Collateral and Illustrative Documents, No. XCIII.
' Collateral and Illustrative Documents, No. XCIV. Manning's second
term expired, on the face of his commission, on June 30th, but no immediate
successor was chosen. In 1674, Sylvester Salisbury was high sheriff under
Andros.
[mw^s] Executive Council Minutes 179
SherifFe, & the New High Sheriffe is to bee sworne & Enter
upon his Employment at the Expiracon of the Date of
the Commission of the Old one. r, r\ jt
By Ord^ &c.
[149] The Case of Daniel Lane, when & how to bee tryed ? * ^^o: Lane.
To bee suspended till his Wife come.
Mary Dobsons Peticon, read, & considered of. T^ f ' '
-' _ Dobsons
Ordered, That in regard y" Purchase was to bee paid long Petition.
since to M^ Gabrije,^ as by Judgment of Court, Shee is to The Ordr
pay y^ Remainder of the Sume unto him, but without
Interest.
Asset Levyes Busynesse considered of. About Vander AsserLevy
Cooley & Nichols De Meyer.'
•Collateral and Illustrative Documents, No. XCV. The offense of Daniel
Lane, of Brookhaven, referred to in the council minutes of May and June,
was incest " on his owne daughter." His wife's name vras Katharine. —
Collections of N. Y. Hist. Society, 1892, pp. 57-58.
2 Timothy Gabrije or Gabrie, as attorney for his brother Daniel, brought
suit in the mayor's court of New York City, against Mary Dobson, as widow
of George Dobson, for a debt of four hundred guilders in tobacco, being for
a lot of ground in New York City purchased by Dobson. The case having
been in suspense since August, 1670, an execution was ordered by Mayor
Laurence, on April 14, 1673. Mrs. Dobson's petition was, no doubt, aa
attempt to get a stay of execution. — Records of New Amsterdam, vol. 6,
pp. 25T, 283, 289, 363, 367, 373, 379-380.
' Collateral and Illustrative Documents, No. XCVI. For a sketch of Asser
Levy see Publications of American Jewish Historical Society, No. 8 (igoo),
pp. 9-23, and for his estate see Collections of N. Y. Hist. Society, 1892, pp.
112, 123. Reynier vander Cooley, or Coele, is found, in 1665, as a distiller,
allowed to remove from the Delaware to New York " with his Stills, Vessells,
and any other necessaryes belonging to him, or his Trade." He was sued
for debt in the mayor's court of New York City, in 1669, being then a resident
of Kingston, and for a time was imprisoned in New York City for tliis alleged
debt, but released because " Frederick Pieters. Moritz of Esopus is y^ Originall
Debtor for the non-paym^ " of a " Certaine bUl of 325 G'?^ to be paid in
Holland," which vander Cooley had assigned to Francis Rombout and Guilijn
ver Planck, merchants of New York City. — Orders, Warrants, Letters, vol. 2,
pp. 15, 521; Records of New Amsterdam, vol. 6, pp. 59, 121, etc. Nicholas
de Meyer was a merchant of New York City. He and Asser Levy were made
denizens on the same day, March 21, 1664/5, ^nd at that time were given
i8o
Province of New York
r 1673 1
LMay 22J
Ordr
Ordered, That Cap' Chambers ' deliver y^ Wheat, but
Asset Levy to bee accomptable, if it doth not appeare the
first Judgment is paid.
Pres?
[150] At a Councell held at Fort
James y" zz'-^ May 1673.
The Governor
Cap' Steenwijck
The Secretary.
Mr Grave- 1
raat & I
C: Pawling \
about their | produced
difference.
The Matt'' under Consideracon is y^ Difference between
Cap? Pawling,^ & Mr Graveraat,' of w'^'' diverse Papers are
The OrdT
C. Cham-
bers &
Edw:
Whittacre.
M!' Graveraat relates his whole Case, & Cap? Pawling
likewise by word of Mouth.
It appeares, That Cap' Pawling had been committed, &
his Sword taken away by Ord"" of Mt Graveraat formerly,
w'^'' aggravated their Difference & urged him to take M^
Graveraats Sword from him.
It is Ordered, That M'' Pawling shall deliver M'' Graveraat
his Sword againe, & y'^ Governo"" enjoynes them to bee
ffriends; In token whereof they joyne their hands together.
The Comp'.' of Cap? Chambers about Edward Whittaker
& his Wife, & his Wife & a Woman reputed to bee a Witch.*
permission to traffic at Albany. De Meyer was appointed an alderman of
New York City by Lovelace, on June 7, 1669, to fill a vacancy, and he was
reappointed thereafter to serve until October, 1670. He was mayor of the
city, in 1676. For his mil and letters of administration granted to his son,
see Collections of N. Y. Hist. Society, 1892, pp. 1S7, 203. There is a sketch
of his family in Riker. Revised History of Harlem (1904), pp. 320-321.
> Captain Thomas Chambers, of Fox Hall Manor.
2 Captain Henry Pawling, of the militia of Hurley and Marbletown.
' Isaac Graveraet, schout of Kingston.
* Edward Whittaker had come over as a soldier with Governor NicoUs, in
1664, and continued in this service until the Esopus (Kingston) garrison was
disbanded by Governor Lovelace. He received an honorable discharge, oa
[j^e^iJ Executive Council Minutes i8i
As to y® first it's said, The Matt- is already determined, a
ffine being sett upon him of twenty five Scheples of Wheate
to the King.^
[151] To y^ next y^ Woman hath been in great Trouble
about it already, & some Difference between Whittakers
Wife & the Woman, w**' very idle Storyes.
It's Ordered, That both bee Acquitted, & the Woman to The Ordf
bee declared innocent. As to the Cost that hath arisen
upon this Occasion the Court of Sessions next are to adjudge
it, & make Returne of it to y^ Governor (how it shall bee
layd) for his Approbacon.
Present
At a Councell in the Fort &c:
June 12*-^ 1673.
The Governor
M^ Delavall
The Secretary.
The Matt^ of Daniel Lanes Escape taken .w.^,.. „
» (his Escape.
Consideration.
A Proclamacon to bee issued forth, That if the said Lane
doe not come in betwixt this & y® Assizes, hee shall bee
adjudged Guilty of what is laid to his Charge, & his Estate
Confiscated, the w'^*^ is to remaine under Arrest in y® meane
while. ,-„ ,
Procla-
The Proclamacon is Entred at large in y^ 4'.^ Booke ofjmaconvide
Entryes.» lLibr:4t"m-
September i, 1671. Shortly thereafter he engaged in a sword duell at Kings-
ton with Michiel de Modt or Moth, for which he was fined by the local court.
His wife was named Hanna. They had a son, James, baptized in 1675. —
General Entries, vol. 4, p. 34; Olde Ulster, magazine, vol. 4, pp. 144-145;
Hoes. Baptismal and Marriage Registers of the Old Dutch Church of Kingston,
p. 9.
' Collateral and Illustrative Documents, No. XCV.
l82
Province of New York
r '*73 1
Uune 12J
M""^ Lane
& Daugh-
ter to bee
leleasd.
Hen: New-
ton to bee
bound over.
A Fast. &c.
The OrdT
Prohibicon
of ye
Trans-
portacon
of Wheat.
suspended
a while.
Whore- Kill
respited.
The Cus-
tom':^
Comp".'
[152] That M''^ Lane & her Daughter bee Releast upon
I Bayle, but to bee bound over to y'^ Gen^" Court of Assizes.
Harry Newton ' y^^ Keeper to bee Examined & bound
over to the same Court Hkewise.y
The AfFayre touching a Fast, Proposed by the Dutch
Domine.^ &c:
It's Ordered, That noe particular but a Gen^" ffast shall
bee Celebrated in this City & Island, on y^ Wednesday
ffortnight next, & throughout Long Island, Westchester &
Places adjacent on the Wednesday following, which will
bee Wednesday come 3 Weeks.
The Businesse about y" Prohibition of the Transportacon
of Wheat to bee deferr'd, with y*" Mayo'' & Aldermens Pro-
posall about Wamp" untill some time next Week when a
Meeting shall bee had about it.//
The Matt^ of y^ Whorekill to bee respited untill Cap'
Carr, & those from Delaware doe arrive who are said to bee
upon the Way.
Vpon y^ Complaint of y" Custom",^ w'^'' was had in Con-
sideracon, This Ord'^ was made viz'.
' Heruy Newton was chosen by Governor Nicolls, on July 9, 1667, as marshal
of the mayor's court of New York City, to succeed Claes van Elslant, Jr
His first year's pay was one hundred florins, seawant. On October 10, 1670,
he was known as court's sergeant and mace bearer and was paid five pounds
per year as an additional compensation for bearing the mace. He served as
messenger to the court of schout, burgomasters and schepens, after the recap-
ture, in 1673. Newton is found also, in 1669, as marshal of the West and
North Ridings of Yorkshire. — Records of New Amsterdam, vol. 6, pp. 84-85,
141, 260, 348; vol. 7, p. 9; Orders, Warrants, Letters, vol. 2, p. 324.
2 Wilhelmus van Nieuwenhuijsen, successor to Drisius, who had died on
April 18, 1673.
' At the court of assizes, on October 7, 1672, the taking off of customs from
goods was considered. It was objected that the governor's instructions per-
mitted " noe Alteration in what hee found settled by his Predecesso''," and
that he could, for the present, only recommend approvingly to the Duke of
York what was then proposed. Therefore, it was referred first to the bench
to consider what would be proper to represent to the Duke of York. — Court
of Assizes, vol. 2, p. 325.
[ju'ne"i2] Executive Council Minutes 183
[153] Vpon Complaint made, That great Abuse doth often The Ordf
happen by y^ Liberty Granted, That Custome should bee
paid only for such Goods as were Landed & Disposed of
here, diverse Merchants & others upon pretence of Trans-
porting of such Goods to other Places, calling for & expecting
y® repayment of y^ Customes of such Goods back againe;
It is Ordered, That from & after y^ Date hereof all Custom-
able Goods w"^** shall bee Landed in this Port or any other
part of y^ Governm* shall pay the Vsuall Customes for such
Goods without any Rebate upon their Transportacon else-
where. And Consideracon being likewise had, that at this
juncture & Season (being a time of Warr) little or noe Ship-
ping Arrives here, soe that y" p'"sent Incomes of Custome is
very slender. It is also Ordered, That noe Bills of Store shall
bee Granted by y^ Officers of y^ Customes, Although in
better times the Governo'' will bee pleased to Gratify that
way such as may deserve the same.
By Ord"^ &c:
The Lett'^ from Esopus taken into Consideration about
being Governed by English Lawes; ' Whereupon It was
Ordered as followeth, viz?
Sopez to
bee Gov-
erned by
English
The Petition from severall of y'' Inhabit'? at Esopus being „, „ .^
taken into Consideracon, wherein they desire to have the
Priveledge & Benefitt of [154] Enjoym' of y^ English Lawes
Establisht by his Royall Highness, & in practice almost
throughout all his Territoryes, It is Ordered, That y* said
Lawes shall bee Settled & practized in y^ three Townes at
Esopus, as in other Places, for the w"^** they shall receive
particular Instructions. In the meane time y" Inhabitants
of Marbleton & Hurley have Liberty to make choice in each
Towne by a double Vote of a Constable & [blank] Overseers,
' For tlie former order and regulations there, see Collateral and Illustrative
Documents, Nos. X and XLIV.
1 84
Province of New York
r 1673 1
Ljaui 24J
A New Al-
derman in
loco M^ Bed-
loo, [sic]
A New
Cap*? in
Loco Mn
Bedloo.
& returne their Names unto y® Governour, who will out of
them pitch upon the Persons to bee Confirmed in that
Employm? for the ensueing yeare; Whereupon they are to
take the Oath prescribed in y'^ Booke of Lawes before a
Justice of the Peace for the performance of their Trust.
By Ord^ &c:
For a New Alderman in y" Place of Mr Darvall to bee
respited untill recommended by the Mayor & Aldermen./? '
For y^ Military Command of Cap'.° in y^ place of M^
Bedloo, To bee recommended to the Military Officers to
returne y^ Names of two Persons, out of whom the Governo-
will pitch upon one.^
Pres?
[155] At a Councell held at y^ Fort
June 24'f' 1673.
The Governor
Cap* Delavall
Cap? Steenwijck
The Secretary.
As also y® MayoT
& Aldermen.
About
Wamp™
being re-
duct to a
greater
Value.
The first Thing under Debate is y® Addresse from y®
Mayo'' & Aldermen to the Governo'' about Wampam, being
reduced, or some other way in stead of Coyne w'^'' is wanting
to bee found out for the Publick Good.
Vpon Consideracon had thereupon this following Ordr &
Proclamation was made Viz*
1 William Darvall was commissioned an alderman of New York City,
October 13, 1672. — General Entries, vol. 4, p. 220.
* Collateral and Illustrative Documents, No. XCVII. The vacancy in the
captaincy of the foot company of New York City was due to the death of
Isaac Bedlow.
Executive Council Minutes 185
Whereas y'= great Scarcity of Wamp" throughout these Prociama-
his Royall Highness his Territorves hath been taken into ^°° about
Consideration, great quantityes thereof being yearely trans-
ported & Carryed away by the Indyans, & Httle or none '^ 'P^^^
brought in as formerly, w'''' is conceived to bee [156] occa- I shall goe
sioned by y'' low Value putt thereupon; And for that there |f°'' ^ Stivr
is noe certaine Coyne in y^ Governm^ but in Heu thereof 1 ^j^j^^ _
Wamp™ is esteemed & received as currant payment for Goods
& Merchandize as well as otherwise betwixt Man & Man,
To the end there may bee an Encouragem* for the bringing
in of Y^ said Commodity of Wampam into y" Governm',
and that those who have it by them may bee Induced to
deliver out y^ same. The Governor by & with y^ Advice of
his Councell hath thought fitt to Publish & Declare; & by
these presents doth Publish & Declare, That from & after
the Publication hereof at y" next Session of y"" Mayo''^ Court
in this City, In stead of eight white & four black Wampams,
six white & three black shall passe in equall Value thereof as
a Stiver or Penny,' & three times soe much y'^ Value of Silver,
the w'^*' all Persons are to take Notice of, & bee conformable
thereunto. And that noe Person in y'' Governm' may p''tend
Ignorance herein Copies of this Proclamation are to bee sent
& promulgated in Albany, Esopus, & Delaware, & likewise
upon Long Island & parts adjacent thereto bee in force within
Eight dayes after the Knowledge & Publicacon hereof.i/
Given under my hand &c: June 24'^ 1673.
Six of these Proclamations were written, 3 for y^ 3 Ridings,^
I for Albany, i for Sopus,^ & i for Delaware. -y besides i for
the City.
' The value of " eight white and foure blacke " was established on October
10, 1664. — General Entries, vol. i, p. 43. On wampum as money see Beau-
champ. Wampum and Shell Articles used by the New York Indians (Albany,
1901), pp. 351-356.
' East Riding, North Riding and West Riding of Yorkshire.
' Esopus, including Kingston, Hurley and Marbletown.
i86
Province of New York
r 1673 ]
PetjEon of
y« Bakers
about y*
Cure-MastT
The Ordr —
A farther
Ordr —
Trans-
portacon of
Wheat.
Mr Deans
tre.
A Stop
upon y^
Transpor-
tacon &c:
[157] The Peticon of y® Bakers, & diverse other Inhabi-
tants of y^ City to the Mayo'' & Aldermen about the Survey-
o'^ship or Cure-Master of Bread & ffloure, p'^sented by them
to the Governor & Councell;'
It is Ordered, That what any Merch' sends upon his ov^n
Ace? is adjudged to bee free (if hee pleases) to have it markt
or not, but if it comes to the Weigh-house, & shall bee
delivered to Strangers, or for the use of Strangers, It is to
bee markt to avoid ffraud therein, & the Charge to bee
equally borne, as is before Ordered.
Moreover upon the Petition of y^ Bakers &c: It is Ordered,
That in regard the Governo"^ hath already given out his
Commission to a Person for y^ Place," hee is to continue in
that Employment untill the Inconvenience thereof shall
farther appeare, except in the meane time y^ Cure-Master
shall wittingly committ any ffraud or Abuse in his Trust,
Then hee shall not only bee discharged of his Employm',
but bee lyable to such Censure as the nature of the Matter
shall require.
And all Merch*'' who ship off Caske without Branding w'*"
y^ Publick Marke shall bee Obliged to have a known Marke
of their own.
The next Thing is y^ Consideracon of y^ Convenience or
Inconvenience of Transportacon of Corne, that is Wheate
in Grayne &c:
Mr Dean's ^ Letter read, wherein hee mentions to have
sold the Governours Winter Wheat, at noe more then 3': 9*
per Bushell.
The Governor hath already putt a Stop upon the Trans-
' Collateral and Illustrative Documents, No. XCI.
' Collateral and Illustrative Documents, No. XCI, where the commission of
Christopher Hoogelandt is given.
• Thomas Dean, a merchant of Boston, Mass. See General Entries, vol. 4,
p. 231.
r 1673 1
Executive Council Minutes
187
portation, upon Apprehension of the Scarcity [158] that may
ensue in these times of Trouble.//
It is Ordered, That y" Prohibition imposed by y" Gov- The Pro-
ernoT doe remaine in fForce untill the next Geii^" Court of remaine in
Assizes,' both for the Reasons in the said Order exprest, force till
& for that y® price currant doth not amount to the Sume ^^ Assizes.
therein proposed.
This Ord^ to bee publish'd.
At a Meeting of y* Governo'
& Councell w"" The Mayo'' &
Aldermen at y* fFort. July il'.'"
1673.
Present
The GovernoT
Mr Delavall
Mr Steenwijck
The Secretary.
Mr Mayor Lawrence
Mr Van Ruijven
Mr OlofFe Stevens.^
The Matter under Consideracon was a Proposall from y^
Mayo'' & Aldermen now at y" {Farming out of y*^ New Packt,
to take off the Excize of Small Beere & Killing of of Hoggs
&c: In lieu whereof to lay some Imposition greater then
formerly upon Strong Liquor^ & Wine.^
' This general court was never held, on account of the recapture of New
York, in the meantime, by the Dutch.
' Oloff Stevensen van Cortlandt.
' For an order of May 5, 1670. regulating the maimer and conditions of
paying and receiving the innkeepers or tappers excise, see JV. Y. Colonial
MSS., vol. 22, p. loi. For the conditions for farming out the inkeepers or
tappers' excise in New York City, from May 5, 1671, till May 5, 1672, see
ibid, p. 114. The farmer of " y'= Grand Packt or Tapp''^ Excize" made
About tak-
ing off y^
Excize
from Small
Beer &
CatUe
Killing.
Province of New York [jiy"„]
The Ordr [159] The Governo'' & Councell having seriously debated
ereupon. fj^gj-gypQ^,^ jj js thought fitt, That the Excize shall not only
bee taken off for this Ensueing yeare from Small Beer &
Hoggs, but also from Beefe & all manner of fflesh killed
here, or otherwise.
In y^ Place thereof an Advance shall bee putt upon Strong
Liquo*?, Beere, & Wine as followes. —
Vpon an Ancker of Brandy, Rumm, distill'd Liquo"? &c:
in stead of 2^"'^ == 5 ^'' 4.^''-^'^'- lo^*''
fFor an Ancker of Spanish Wine, Madera, & Sack, in
stead of 2 guild" 5 Stiv" 3 Gild''?
fFor an Ancker of Rhenish or White-Wine in stead of
I gild'.= 2^''- J 3 guild'^^^
fFor a Tunn of Strong Beere in stead of i guilds 10 Stiv'^.^
2 Guild"'?//
fFor every Barrell of Syder 3 Guild"
Nevp Jersey not included herein, only y^ Dukes Dominions,
Albany & Sopus excepted."
complaint to Lovelace " that diverse Tapp"? or Inn holdrs & others who sell
■Wine or Strong Liquo'^? by Retayle, doe either delay or refuse to pay y^
Excize due from them according to y<= Rules & p''scriptions of y'= Governm!,"
whereupon the governor authorized the sheriff of New York City " to Levy
by Distress soe much as shall appeare to bee due from any person or persons;
And those in Arreare are to beare ye Charges thereof." — General Entries,
vol. 4, p. 128 (April 29, 1672). The soldiers of the garrison of Fort James
were exempted from the payment of excise on beer. — Court of Assizes, vol. 2,
p. 621.
' Collateral and Illustrative Documents, No. XCVIII.
COLLATERAL AND ILLUSTRATIVE
DOCUMENTS
I— XIX
189
No. I.
PROCLAMATION OF FAST DAYS
September 8th and 22d, 1668.
A Warrant for the Publishing a Gen''*" day O. W. L.
° •' 2 : 240
of Humiliacon throughout his Royall High°.^ (NYSL)
Territoryes.
Whereas with the Aduice of my Counceil I haue giuen 166S
ord' that a Proclamacon be issued forth for the obseruing
a Gen"^?" day of Humiliation throughout his Royall High"^
Territoryes for the Reasons therein set forth Yo" are there-
fore hereby authorized & appointed to cause the said Proc-
lamacon to be publiquely read both in the English & Dutch
Tongues this p^'sent Thursday at the vsuall houre of Pub-
licacon at the State house & afterwards to cause the same
to be affixed in the most publique places of the Citty that
none may plead ignorance but that all persons may duely
take notice thereof & for soe doeing this shall be yo'' warrant
Giuen undr my hand at Fort James in New Yorke this 4'^
day of Septemb- 1668.
[Francis Lovelace.]
To M"' Cornelius Stenwicke
MajoT [sic] of the Citty of New Yorke.
A Proclamation for the Obseruing a O. W. L.
2 : 294
Gen''" day of Humiliacon through- (NYSL)
out his R. Highnes Territoryes
Forasmuch as it appeares too manifest that not onely ^^^^
the Land in Generall but this Citty of Newe Yorke in per-
192 Province of New York \^i]
O. W. L. ticuler lyes now groaning und"" the afflicting hand of Gods
(NYSL) just Judgment in suffering his Minist'' of death with an
unusuall sicknesse to enter amongst us, whereby some are
[Sept. 4] dayly swept away & many more lying on their languishing
bedds, expecting each houre their dissolution w*^^ Judgm'
as it must be confest (w*!' all submission to his diuine pleasure)
to proceed from the hand of Almighty God in w'^drawing
his favourable Countenance from us, so likewise it must be
acknowledged (w'!^ all Contrition & Confusion of face) that
or manifold impietyes haue beene the sole Cause of it not
onely by of great ingratitude for former blessings rec'^ but
by an obstinate perseuerance afresh in all manner of wicked-
nesse more perticulerly in that inordinate & intemperate
way of drinking & all manner of Impietyes that attend it
in those most frequent oathes, execrations & Cursings to
w'^!^ some are lead (to the greate scandall of Christianity)
to that height of wickednesse that they will wish to be damned
euen by those wounds & blood by w'^-'' alone they must hope
to be saued, All w''.'^ crymes as they shall meet w*^ in due
tyme all discountenance & seuere punishment to those that
are guilty of them so likewise they will admonish & instruct
us (awakened by the Judgment we suffer under) to lead us
to a hearty contrition & repentance for it; And that God
may be inclynd to be gratious & fauorable to us againe in
healing o^ Land by his mercifuU reconciliation to us, It is
thought at this tyme more then necessary that a Generall
day of fFasting & Humiliation be kept; The Gouerno^ there-
fore by aduice of his Councell doth appoint that Tuesday
next being the Eighth of this instant month is & shall be a
day of Humiliation to be kept in this Citty & that the Tuesday
fortnight following being the Two & twenti[e]th day of the
said monthe be kept in the rest of the Territoryes belonging
to his Royall Highnesse And that the Minist*^^ of the respec-
["f] Collateral and Illustrative Documents 193
tiue Congregations are desired to signifye y'^ occasion of this O. w. L.
their solemne meeting. (NYSL)
Withall that they recofnend unto y'' Protection and direc-
... 1668
tion of Almighty God the Consultations & actions of their [Sept. 4]
Gouerno"" who is newly constituted ouer them that he may
see Justice duely & impartially executed Religion main-
tained in its purity of doctrine Proprietyes preserued, that
all under his Charge may be induced to lead a quiett &
peaceable life in all godlinesse & honesty.
That God would protect by his hand of prouidence all
those Shipps that are retorned from hence to their natiue ^
Portes, see that not onely peace may be in o"' Streets., but
plenteousnesse in o^ palaces.
That he would Engraft in o^ hearts a Spirit of Vnity
Charity & brotherly affection to each other.
That at this tyme more especially they would extend their
beneuolence to the supporte of the poore w'^*' stands in greate
need of their assistance.
These things being recommended to all good Christians
considerations there are hopes that they will meet with the
good efforts desired; to the Execucon of w"^*^ all Officers in
their respectiue places are to giue their assistance in seeing
those dayes set apart for Humiliation according to the true
intent and meaning of this Proclamation And to yeild an
obedience thereunto as they will answer the Contrary at
their perills & all persons are hereby strictly enioyned to
forbeare their ordinary labours on those dayes. Giuen undt
my hand at Fort James in New Yorke this [4th] ' day of
[September] Anno DfTi 1668.
[Francis Lovelace.]
• The portions supplied here are blank in the manuscript.
[13]
194 Province of New York PS]
No. II.
REGULATION OF COMMERCE — EXPORTS AND
IMPORTS.
^- ^- ^- Resolucons for the Settlement of
2:322
(HYSL) Comerce to & from all his Ma*'?«
Plantacons in America & oth^
places to y® Porte of New Yorke
& y^ rest of his Royall Highness
his Territoryes not prohibited by
Acte of Parliament.
1668 First, That all sortes of Prouisions, horses, Cattle, Sheep,
& all manner of wooden trade (being the proper product of
theise his R. Hign^'' his Territoryes) sent for Jamaica, Bar-
badoes, or any of y^ Cariby Islands, shall pay no Customes
or Imposicons undr what name soeuer exported.
That, all Tobacco, Sugers, Cotten, Indico, ffish, Salt,
Braziletto, Compechio wood, & all othr Comodityes, being
the proper product or merchandise of theise Islands, places
or Territoryes, shall pay no Custome imported Potable
liquors onely Excepted w'^!' alone shall pay custome at the
Rates of 4 per Cent in Currant money specie, or in goods
equiuolent.
That, No Tobacco of what sorte soeuer exported into any
of his Ma''?^ Dominions shall pay anv Custome but such
quantityes thereof as shall be exported into forreigne partes
shall pay halfe penny per pound as in England.
That, all Beauers & Peltrey w'^.'' shall be exported into
any of his Ma*'" Dominions in America shall pay 10 ^ Cent:
Shipps from England or w*-^ English goods from othr
opposite p. 195.
DRAUGHT OF FORDHAM AND THE MEADOW [1669]
(Original Size.)
[ill] Collateral and Illustrative Documents 195
places shall onely pay 5 ^ Cent of all goods in Specie O- ^- ^•
imported. (NYSL)
All Goods w*^*" haue paid Customes may be Exported free
from New Dutyes, neith^ shall any man be Compell'd to Nov. 18
unload upon p""tence of breaking bulke in the Road paying
onely for such goods landed as are lyable to pay.
And whereas former Copies of Resolutions of this nature
being sent abroad haue fallen into the hands of some persons
not wishing well to the flourishing Estate of this place who
haue adulterated & falsified them contrary to the true intent
& meaning of the same It is therefore thought fitt for the
undeceiuing of the world to make this Second Publication
Giuen und"^ my hand at ffort James in New Yorke on the
Island Manhatans this 18'.'' of Nouemb^ 1668.
[Francis Lovelace.]
No. III.
JOHN ARCHER, AND HIS CONTROVERSIES WITH
FORDHAM, HARLEM, WESTCHESTER, AND
INDIVIDUALS.
[Deed from Elias Doughty to John Archer.] ^.^^^'^I
(Sec. State)
Recorded for M"^ John Arch'' this 24"" day
of September. Anno Dm 167 1.
Know all Men by these p''sents that I Elyas Doughty of ^^^^l
Flushing doe Sell unto M"^ John Archer of West-Chest"^ his etc.
Heyres & Assignes ffoure Score Acres of up Land, and Recorded
Thirty Acres of Meadow lyeing & being betwixt Brothers sept^''24
196 Province of New York [m]
Deeds River and the Watrinp; Place at y^ End of the Island of
3:138 ° ^
(Sec. State) Manhatans, and if y" Land be not fitt to Cleare for y'^ Plow
or How, this Land is to lye together; And if there be not all
Mar. I such Land together as there should, or if there should happen
L to be eight or ten Acres of Land that is not fitt for such
^-^'^^^^^ Use, Then y'' said Archer is to have it with y^ rest, and hee
Sept. 24 shall have equall Right and Priveledge in y^ Commons as
any otheir Men shall have within that Patent, that hath
noe more Arable Land, and y'' Meadow is to be mowed all.
As Wittness my Hand this first of March 1666. As Wittness
if there should lye any more Land, that is to say between
fFourty or Thirty Acres, It is all in Common; And I am to
give y'^ said Archer a firme Bill of Sale under my Hand and
Seale.
Elias Doughty
Thomas Okeley.
I Elias Doughty doe own to have received full Satisfac-
tion of y^ said Archer for y^ said Land & Meadow, y^
House is yett to be \hlan]C^ And y" said Arch'' is to have
his \hlan]<\ within the above-said Tract of Land.
Septemb'' y'^ 18"^ 1667.
It is to be understood that M'' John Archer is to have
the fFreshest Boggy Meadow that lyeth on y^ South side
of Westchester Path, within y^ Patent of M"^ Oneale within
his second of Purchase w*^*" is upon Consideracon that y^
said John Archer shall pay to y® said Doughty; As witness
my hand
Elyas Doughty.
[m] Collateral and Illustrative Documents 197
A warr' to the Constable of West- O. W. L.
Chester about some Meadow (nysl)
Ground claim'd by Harlem.
Whereas I am informed that the Inhabit'? of Harlem have 1667
for divers yeares mowed their Hay in the Meadowes on the
other side of Harlem River, where John Archer of yo'^ Towne
pretends an Interest by vertue of a patent graunted for the
Yonckers Land to Hugh Oneale & Mary his wife: These
are to require you to warne the said John Archer that hee
forbeare cutting Hay in those Meadowes this present season,
& hkewise that hee doe not presume to molest those of
Harlem, vntill I shall bee fully satisfyde of the Titles on
both parts, & give my Judgm' thereupon to whom of right
the s? Meadowes doe belong: Giuen under my hand at fFort
James in New Yorke. this 16- day of August. 1667.
R. Nicolls.
[Deed from Elias Doughty to John Heddy.] Deeds
Recorded for Jn? Heddy Sep!^ 26?'' 1672.
Bee it known unto all Men by these Presents that I Elyas 1668
. June 7
Doughty of fflushine; in the North-Riding of York-shire on
. . . Recorded
Long Island in America w'^'in y^ Territoryes of his Royall 1672
Highness the Duke of Yorke, under y'^ Command of the ^P'" ^
Right Hon"'= Cott. Richard Nicolls Governor Gen^" of the
same by Vertue of the Assignacon of a Patent from my
Brother in Law M"" Henry Oneale & Mary his Wife, have
alienated, estranged, demised, bargained, & sold, & doe by
these Presents alienate, estrange, demise, bargaine & sell
unto John Heddy late of West-Chester w'^'in the Riding, &
Goverment above=men coned two hundred Acres of Vpland
belonging to the said Patent, to beginn at y* North-side of
the Planting ffield, where y® abovesaid John Heddy shall see
198 Province of New York [Snl
Deeds most convenient; Viz* to beginn at the West, & runn towards
(Sec. State) the East, the length & breadth thereof to bee as the Pur-
chaser shall see most Comodious; w^'' is for and in consid-
eracon of full Satisfaction already received by a Horse; And
further I the said Elyas Doughty doe make over and deliver
unto the said John Heddy twenty Acres more of Vpland
adjoining to the abovesaid two hundred, w"^^ is all to beginn
at the North side of the Planting ffield belonging to William
Betts and George Tippett from y^ West end of the Land,
& to runn in length Eastward towards Bronck's River; And
further I the abovesaid Elyas Doughty have sold unto the
abovesaid Jn° Heddy one hundred Acres more of Vpland,
lying & being in the aforesaid Range for & in consideracon
of five pounds to [be] paid upon Bill according to Agreement;
All w'^'^ I Elyas Doughty have sold & made over from mee my
Heyres & Execute''^ to y" said Heddy his Heyres, Execu-
tors, Administrato"^^ or Assignes; To have and to hold for-
ever; Maintaining the same free from any Incumbrances,
that may or shall hereafter arise from any Person or Persons,
laying any Clayme or Title to the same. Interested in y*
above-mentioned Patent. In witness to w'^'^ I have hereunto
sett my Hand and Seale this 7*'' day of June in y^ yeare of
our Lord, One thousand six hundred sixty eight; & in y^
20**^ yeare of the Reigne of our Soveraigne Lord Charles y^
2"? by the Grace of God, King of England, Scotland, fFrance,
& Ireland, Defender of the ffaith &c:
Elias Doughty. — (Seale)
Signed Sealed & Deliverd
in the p''sence of us
John Holden.
George T Tippett
his marke.
W" Betts.
Jn° Marshall.
Collateral and Illustrative Documents 199
Endorsed on v*^ Deed as followeth. Deeds
^ 3:142
(Sec. State)
These may Certify, That y^ within men coned three hun-
dred & twenty eight Acres of Land is layd out as followeth ; y^g^,
Inprimis, Twenty eight Acres lyeing in one piece, beginning ~-
from the Markt tree of W™ Betts & George Tippett, from 1672
thence running due North 24 Chayne in length, & in breadth
due East 20 Chayne, being bounded on the South w**" the
Land, of W™ Betts & George Tippett, & to y'' Northward &
Westward by y" Land of Cap' Delavall; the other two hun-
dred Ninety two Acres beginning at y" Eastward end of the
twenty eight Acres, Running in length due East Eighty
Chayne, & in breadth due North Thirty six Chayne & fifty
Lincks, being bounded to y" Southward by the Lands of
W" Betts & George Tippett; & to y^ Eastward, Northward,
& Westward by y*" Lands of Cap- De-Lavall; w''*' aforemen-
coned Land was survey'd & layd out by mee as afore exprest.
Given under my Hand this 3"^ day of Septemb^ 1672.
Robert Rider.
The Sense & Judgm? of y'^ Co" concerning O. W. L.
y* verdict given for Ramsden ag' Oneale. (nysl)
These are to Certify all whom it may concerne that at 1668
. . July I
y° Tryall had at y" Assizes in y^^^ yeare 1666 between Hugh
Oneale and John Ramsden though y'' verdict and iudgment
of y'' Co" was given for Ramsden against Oneale, yet it was
then declared and was the sense of y'' Co" that it was no way
in preiudice to y* Patent belonging to Youncker vander
Donck, who ought to have his full proporcon of Land accord-
ing his Said patent notwithstanding. Dated at New Yorke
this i^' day of July 1668.
Matthias Nicolls Sec'
200
Province of New York
Deeds
4:95
(Sec. State)
1668
July 6
Deeds
2: 199
(Sec. State)
166S
July 6
Recorded
1668/9
Feb. 27
[Confirmation of Gift from Elias Doughty to George
Tippett.] *
Bee it knowne unto all Men by these p'"sents that I Elyas
Doughty In Confirmation of the Guift of an Island lying &
being within the Liberty of my Pattent Concerneinge y'
land w'^^ was once Youncker Van Dunckes which I gave
fFreely unto George Tippett or his Order, May 1667, I now
Confirme & Establish the same, under my hand and Seale
this Sixth day of June anno, 1668 & in the twentyeth yeare
of the Reigne of our Sov^raigne Lord the King.
Elijas Doughty (seale)
Signed Sealed & DeUvered
in p''sence of us
John haden^
John Holden
Recorded for George Tippett of Spiting
Devill Feb^ zf^" 1668.
Be it knowne unto all men by theise p''sents that I Elias
Doughty in Confirmation of y*" Guift of an Island lying &
being w'^'in y'' Liberty of my Pattent concerning that Land
w"^'' was once Youncker vandr Duncks w'^.^ I gaue freely unto
George Tippett of his ord'' in May 1667. & now do confirme
& Establish y® same und"" my hand & Seale this 6''^ day of
July Anno 1668. & in y"^ zo'.*" yeare of y" Raigne of our
Soveraigne Lord y"^ King &c
Elias Doughty (seale)
Signed & Deliuered in
y® p'sence of us.
Jn° Holden
Jn? Hackden^
> Two record copies are given because they exhibit variations.
•John Heddy or Hedden.
•John Heddy or Hedden.
Collateral and Illustrative Documents 201
[Deed from Elias Doughty to Betts and Tippett.] Deeds
Recorded for George Tippett fFeb"^^ 22-.'' 1670.
Be it knowne unto all men by theise p''sents that I Elias 1668
Doughty of fflushing in y'' North Ryding of Yorkshire on
Long Island in America w^'n y" Territoryes of his R. H?^ 1^670/1
y? Duke of Yorke und' y^ Comaund of y^ R' Hon'''^ Co?' '^^^- "
Richard Nicolls Governor Gen''" of y? Same haue by vertue
of y? Assignation of a Pattent from my brother in Law Mr
Hugh Oneale & Mary his wife alienated estranged demised
bargained & sould & do by theise p''sents alyenate estrange
demise bargaine & sell a parte & parcell of that Land &
meadow belonging to y'r said Pattent for & in consideration
of a considerable Sume receiued & to receiue w^** land &
meadow I th'abouesaid Doughty haue sold unto William
Betts & Georg Tippett who are possest of parte of y^ same
(viz') y': said Land & meadowe w^'' was formerly in y? posses-
sion & occupation of old Youncker van der Dounck, y?
planting feild belonging to y^ said Purchase to be of y^ north
syde of y"- said purchase, y? marked trees making mention
of y? Same, & w'?'' runs west to Hudsons Ryver & East to
Broncks his Ryver w"^ all y'^- Upland from Bronx his Ryver
Southward to Westchester path, & so runs due East & west
beginning at y? boggy Swamp w'^'n y^ Libertye of y? said
Pattent & y? Southward most bounds to run by y"^ path that
runneth or lyeth by y® north end of th'aforesaid Swamp & so
to run due East to Broncks his Ryver & due west to that
meadowe w^*^ cometh from y'' wading place, w''^ all y" mead-
owe from y" Stake w''^ is on y? Eastward syde of th'aboue-
said wading place w?'' is now in controversy betweene me
y? abouesaid Doughty & some Inhabitants w'4n Harlem,
w'*" all y'? meadow betwixt th'abouesaid Stake Eastward &
Hudsons Ryver westward from y? abouesaid wading place
at y? hithermost end of Manhatans Island, w*'' all y? Upland
202 Province of New York [ml
Deeds betwixt that & Hudsons River westward & so running north-
(Sec. State) ward to y^ East & west lyne before mentioned at y": end of y?
planting feild Except y*" thirty Acres of meadowe w'?'' I haue
sold unto M': John Archer w^'' y^ abouesaid Betts and Tip-
pett is to see ^fourmed unto y^ abouesaid John Archer, &
for that parcell of meadowe w'=> is nowe in Controversy
betweene y"? Harlem men & my Selfe if it be recovered by
them or their order they shall peaceably enjoy y" Same
according to y^ Tenor of y^ Pattent paying unto me or my
order Ten pounds of Current passable pay according to y?
Custome of theise partes, & in Case y^ same due shall be
recovered then M"" John Archer his proportion of Thirty
Acres of meadowe is to run upward by y"; Island where he
is to haue y^ full complement of y? said Thirty Acres, All w^*"
I haue from my selfe my heires or any oth^ ^son or ^sons
interested or concerned in y" said Pattent Sold & made over
unto y"" afore=mentioned William Betts & George Tippett or
eith- of them their heires Executors or Assignes To haue &
to hold for ever, & y* Same peaceably & quietly to enjoy
maintaining y" Same free from all Incumbrances of any
^son or ^sons concerned in yf Pattent Indians Excepted,
It is to be understood that Mt Archers meadowe is to be
laid out in Case Harlem men enjoy their possession at y^
Stake parting y° said meadowe in controversye & y^ other
meadowe w"^^*" I haue possest them of, In witnes whereof
I haue hereunto sett my hand & Seale this 6'-'' Day of July
Anno DiTi 1668 & in y^ 20*^ yeare of y^ Raigne of of Sover-
aigne Lord Charles y'^ Second by y? Grace of God of England
Scotland ffrance & Ireland King Defender of y= faith &c
Signed Sealed & delivered ° ^
in y^ p''sence of us
John Holden
John Hadon'
John Marshall. 'John Heddy or Hedden.
[m] Collateral and Illustrative Documents 203
A Warrant for Georg Tippett & Richard O.Vf. L.
Betts to deliuer vp Thomas Wandalls Hay: (HYSL)
Whereas Thomas Wandall hath made Complaint unto 1668
mee, That hauing hired a parcell of meadowe ground neare
Spiting Divell of John Archer & mowed the same for his
wint' prouision of hay w'^? you quietly suffered him to doe
w'^'out any disturbance or p'^tence thereunto yet when he
came to fetch away the hay w'^^ he had mowed yo" opposed
him & since haue carried it away yo''selues laying clayme
to the said meadow These are to require yo" that vpon sight
hereof yo" deliuer up unto the said Thomas Wandall ail
that parcell of hay w''^ he hath mowed as aforesaid & w'=^
yea carried away He hauing no tyme now to make provision
elsewhere being about a publique Imploym- of making up
his proporcon of wall in this Citty. And if hereaft^ the title
at law being decided (betwixt yo" & the persons concerned)
it shall appeare that the said meadow ground doth belong
unto yo" Then the said Thomas Wandall shall make yoK
paym' & satisfaccon for the same according as shall be
adiudged reasonable by two indifferent men to be Chosen
betweene yo" Giuen und"^ my hand at Fort James in New
Yorke the 3*^ day of Septem'"' 1668.
[Francis Lovelace.]
To Georg Tippett &
Richard Betts.
The Constable of Westchest'' is to see this
warr' put in execucon if occasion be.
An Order concerning John Archers o. W. L.
Land vpon the Maine. (ITYSL)
Whereas the Inhabitants of the Towne of Harlem haue 1668
made Complaint against John Archer that haueing seated °^'
204
Province of New York
[?ai
O. W. L.
2 : 276
(NYSL)
1668
Nov. 6
himselfe very neare unto some Lotts of meadow ground vpon
the maine belonging unto their Towne he is a dayly tres-
passer vpon them with his Cattle & that the said ground
lying in Length alongst the Creek or Kill cannot w'^'out
very great charge be fenc't in Vpon a full hearing of what
can be said or alleadged on both partes It is this day ordered
that the said John Archer doe within fifteene dayes after
the date hereof bring in the Originall Pattent of the Land
where he now Hues & that he then make appeare by what
right or title he Claymes an interest there after which tyme
some persons shall be appointed to view the said meadowe
ground as also the lands adiacent in the possession of the
said John Archer who are to make reporte how the meadowe
may be best p''serued from further damage & Trespasse
Given under my hand at Fort James in New Yorke this 6'.^
day of Nouemb^ 1668.
[Francis Lovelace.]
O. W. L.
2:277
(NYSL)
John Archers Land neare Spiting Divell
belong** to the Towne of Harlem.
1668
Nov. 6
Whereas the Inhabitants of the Towne of Harlem haue
made Complaint against John Archer that vpon p^tence of a
certain purchase he layes Clayme to a certaine parcell of
Land vpon the Island neare Spiting Divell w?'' is within
the lymitts & bounds of their Patent & of right belongeth
to their Towne Vpon a full hearing & debate of the matter
in difference on both partes It is this day adiudged that the
land in Controuersy doth belong to the Towne of Harlem
by vertue of their Patent & that the former ground breife
or Patent graunted by Governo'' Kieft is of no validity it
being forfeited by seuerall actes of the Government Howeuer
in regard the owners thereof haue susteyned losse vpon the
Collateral and Illustrative Documents 205
said Land it's recomended that some expedient be found O. W. L.
out to make payment to them of so much as the first agree- (NYSL)
1668
ment for the sale thereof was made Giuen under my hand
at Fort James in New York this 6'*" day of November 1668. Nov. 6
[Francis Lovelace.]
An Order for John Archer to remaine in peace- O- W. L.
able possession of his land till the 14*° day (NYSL)
of Feb? next.
Whereas by an order of the 6'^ instant John Archer was ^668
... Nov. 21
appointed by the one & Twentith [sic] day of this Month to
bring in the originall Patent of the Land where he now
Hues & also that he should make appeare by what right
or title he claymes an interest there He hauing accord-
ingly this day appeared when the Record of the originall
Patent was viewed but his title being not so clearly made out
as it ought to be & as he alleadges in some shorte tyme he
can doe It is this day ordered that the said John Archer
haue further tyme for the clearing thereof till the 14"" day
of February next In the meane tyme he is to remaine in peace-
able & quiett possession of what he now enioyes w"^out any
disturbance or molestation he giuing no iust cause of com-
plaint to his neighbours Giuen under my hand at Fort
James in New Yorke this 21''' day of Nov^."" 1668.
[Francis Lovelace.]
An Order for the Releasement of John O. W. L.
Archers Cattle formerly attached. (NYSL)
Whereas yo" did heretofore lay an Attachement vpon 1668
some Cattle belonging to John Archer vpon p'^tence of some °'' ^'
difference betweene yo"; Yo" are hereby ordered to release
2o6 Province of New York [m]
0. W. L. xhe said Attachement so that the said Cattle may be free &
2: 296 . . . . -^
(NYSL) at his owne disposall The matter In dispute betweene yo"
,, vpon that account already hauing beene heard & issued
Hov. 21 before mee Giuen under my hand at Fort James in N. Yorke
this 21"" day of Nouember 1668.
[Francis Lovelace.]
To the Constable & Ouerseers
of New Harlem.
Deeds [Deed from William Betts to John Heddy or Hedden.l
3: 144
(Sec. State)
Recorded for Jn° Heddy afores"^ die & A° p'^dictis.
1668 Bee it known to all Men whom these p'^sents may concerne,
that I W"" Betts Inhabit? of West-Chestr in y^ North Riding
1672 of New Yorkshire have, and doe by these Presents Bargaine,
Sept. 26 ggjj^ 2j^ J gg^.j. Q^gj. ^ certaine parcell of Land in quantity twenty
foure Acres four Acres adjoyning to Jn° Heddy's House in the
old ffield, & the other sixteen Acres lyeing Southward of the
Old ffield, w"^*" I [sic] John Heddy hath in possession, & the
other foure Akers is Meadow Ground ffresh & salt, lying
w'^'in the tract of Meadow, w''^ the said Betts bought of M''
Elyas Doughty; I say I have sold the above-men coned Lands,
w"" all Rights, Titles, Priveledges, & Proffits, Benefitts, &
Emoluments in & about y'' Premisses that is or hereafter
shall arise from mee my Heyres, Executo^, Administrator^
or Assignes, unto John Hedden of the same Place & County
to him the said Hedden his Heyres, Executor% Administra-
to!'% or Assignes; To have and to hold ffree Land as from mee
and mine, to him the said Hedden & his as abovesaid; & I
the abovesaid Betts doe binde mee & mine as aforesaid to
defend the abovemen coned Premises from all & any Persons
or Proprieto!^^ that shall or may arise, the Indyans only
[?n] Collateral and Illustrative Documents 207
excepted, good and warrantable to the abovesaid Hedden Deeds
& his as aforesaid; And the aboves'' Hedden is to Summer (Sec, State)
noe more Cattle on the aboves"? Premisses then hee doth
Winter on the abovesaid Premisses, & I the abovesaid Betts Dec 4
doe acknovpledge to have full satisfaction of John Hedden —
for the abovesaid Lands; As Wittness my Hand this 4**^ of 1672
DecembT An° 1668. & in y^ 21*'' yeare of his Ma?'^'' Reigne ^ * ^
Charles y^ 2'? King of Great Brittaine Scotland, ffrance &
Ireland, Defender of the ffaith King.
W^ Betts.
Testes
Thomas Hicks.
Benjamin fFord.
[Caveat on behalf of Town of Westchester.] c. A.
2:529
Feb^r 13'." i(
(HYSL)
A Caveat was this day Entred by Richard Ponton John l^^^^^
Ferris & Joseph Palmer on y'' behalfe of y^ Towne of West-
chester, That y^ Land where John Archer is seated or any
from him if not included in y'' Pattent graunted to Mr Oneale
& his wife is claymed by the Towne of WestchestT to belonge
to them as w*''in their Lymitts.
A Comission graunted to Mr Tn° Rich- O- W. L.
° ■' 2:338
bell, Mr W" Lawrence, Mr Tho: (NYSL)
Wandall & at &c to decide y" differ-
ence betweene y"^ Inftitants of West-
chest*" & at &c
Francis Louelace Esq"^ &c Whereas I am given to under- 1668/9
. . . Feb. 24
Stand that there are severall disputes & differences arisen
betweene y® Inhabitants of y^ Towne of westchestr & diuers
2o8 Province of New York [SS]
O. W. L. others w"'in their p''cincts who haue perticuler patents of
(NYSL) their owne That is to say betweene y* Inhabitants of West-
chest'' & W™ Willett for some meadowes neare unto or
1668/9
Feb. 24 about Cornells Neck, w'''' they lay clayme to as also between
them & Thomas Hunt about Cofnonage upon Throckmortons
Neck, & a watring place w''*' he alleadges he hath a long
tyme enjoyed, & Hkewise with John Archer about y** Lands
he is seated upon by vertue of a Patent graunted to Hugh
Oneale & Mary his wife formerly called y" Younkers land
These are to nominate authorize & appoint & by this my
p'^sent Comission yo" are nominated authorized & appointed
to be Commission"? to view y" Lands & meadowes in dispute
as also to Examyn into & heare y^ matters in difference &
what can be shewed & alleadged on eith"" parte To w'^'' pur-
pose yo" may peruse their Patents & any other wrytings or
Records relating thereunto as also call before yo" & Examyn
any wittness or wittnesses y" better & more fully to informe
yo'^selues of y*" Truth yoV are to give yo^ Judgm? thereupon
accordingly by y" first day of Aprill next of w''.'' yo" are to
rend- me an Account And yo"^ Determinacon or y" Major
parte of yo" in y^ p''misses shall be a finall Conclusion of all
such matters in dispute & difference betweene y^ said partyes
unlesse any or either of them shall upon good ground finde
cause to appeale from yo'' sentence to y*^ superior Court of
this Governm* at y^ Gefi'^!" Assizes Given und"' my hand &
Seale at ffort James in New York this 24"" day of February
in y^ 21. yeare of his Ma''?^ Raigne Annocp Dm. 1668.
To
Mr John Richbell of Momoronock
M' W" Lawrence of flushing
M' Tho: Wandall of Maspeth Kills
MT Jaques Coutilleau of New Vtrecht
M"^ Resolved Waldron of New Harlem.
Collateral and Illustrative Documents 209
A warr? to John Archer to take vp a O. W. L.
, - '^2:404
stray horse. (NYSL)
These are to empower you to make enquiry after and to .^^^9
take up if hee can bee found a certaine Stray horse running
in y^ woods or Some other place neare unto or about yo''
Towne of West=Chester the Said horse being of a gray Col'^
and branded with an Anchor on y'*"^ neare Should'', And that
you cause him to bee brought to this Towne, where hee Shall
remaine untill it bee made appeare to whom it doth with
right belong, or bee disposed of as y^ Law shall direct And
for So doeing this Shall bee yo' warrant. Given under my
hand at Fort James in New Yorke this 30"" of Aprill 1669.
Fr. L:
To John Archer alias
Coopall These.
Another to take up a stray Bull.
These are to empower you to take up a certaine Stray bull
now running at yo'' Plantacon about 3 yeares old the which
you are to marke and if you find it convenient geld him and
if the right owner appeare not to claime him within the
tyme in the Law prescribed that you dispose not of him
without my order. Given under my hand at Fort James
in New Yorke this 30'^ day of Aprill 1669
Fr. L.
To John Archer
These.
Liberty to John Archer to settle O. w. L.
16 familyes at Spiting Devill. (n'ysl)
These are to certify all whome it may concerne That I 1669
. ■ May 3
haue given leaue to John Archer to Settle Sixteene familyes
[14]
2IO
Province of New York
fNo.-i
LmJ
O. W. L.
2: 406
(NYSL)
1669
May 3
upon the Maine neare the wading place according to direc-
tions formerly given, and that what agreem* hee Shall make
with y*" Inhabitants as to their proporcons of improvable
Land and homelotts; I Shall bee ready to confirme, but do
respite the Setting out the uttmost bounds for their Range,
untill I Shall come once more upon y® Place after w''*' I Shall
grant a patent for their further assurance. Given under my
hand at Fort James this 3"' day of May 1669:
Fr. L.
O. W. L.
2:456
(RYSL)
1669
June 3
An Ord'^ forbidding y" furth' proceedings
of John Archer to cutt grasse, on
y" meadow belonging to Harlem.
Whereas I am given to understand that without leave or
order you haue presum'd to cutt the Grasse upon y[''] Meadow
ground or Valley which belongs to y[''] Inhabitans [sic] of
Haerlem and is within their patent. These are to Require
you to proceed no further therein and that you forbeare
giving them any molestacon as you will answer y*^ Contrary
at yo'' Perill. Given under my hand at Fort James in N:
Yorke this 3'^ day of June 1669
[Francis Lovelace.]
To John Archer alias
Copeall or any other the
Inhabitants at Spiting
Devill whom this may
concerne.
O. W. L.
2:488
(NYSL)
1669
Ord' forbidding y^ cutting of hay at Spiting Devill.
Whereas Complaint is made unto mee that some of you
doe cut and Carry away a greater proporcon of hay out of
[lu] Collateral and Illustrative Documents 211
the meadow or valley lyeing betweene you and John Archer O- ^•^*
then doth belong unto you so that you leave those farmers at (NYSL)
Fordham neare Spiting Divell destitute though John Archers
tittle doth precede yo"'. These are to require you that you juiy 27
doe not cutt or Carry avpay any more hay but leave y'^ same
as now it is untill I shall come or send to view the ground
and give my Judgm* to whome of Right it doth belong.
My pres' intent is to bee there on thursday next. Given
under my hand at fort James in New Yorke this 27'^ day of
July 1669.
[Francis Lovelace.]
To Richard Betts
and G Teppett and [sic] '
An Ordr forbidding y^ disturbance of Jn° O. W. L,
Archer
Devill.
Archer in y" injoym' of his land at Spiting (ifySL>
Aug. 23
Whereas I am giuen to understand y' y'' surveyo' hath 1669
laid out a sufficient quantity of meadow ground for yo''
three farmes neare unto yo'' habitation w^*^ is much more in
Proportion then any of y" Lotts at Spiting Devill can be
supplyed w"? These are to require yo" that yo" forbeare
giving any disturbance to John Archer or any of those
farmes at ffordham, & that yo" doe not p'sume to cutt their
grasse but content yo''selues w"? what is laid out for yo"
w^'in yo'' lymitts, Giuen und'^ my hand at fforte James in
New Yorke this 23'!' day of August 1669.
[Francis Lovelace.]
To "William Betts &
George Tippett.
' Apparently the name of John Heddy is omitted.
2 1 2 Province of New York [S']
O- W. L. An Ord^ for Wiltm Heyden & Sam : Drake
(NYSL) of Eastchest'' to make inquiry in y" mattr
between Jn° Archer & y'^ farmers &c.
Sent II Whereas John Archer on y*" behalfe of himselfe & y*^ rest
seated at ffordham about some hay cutt & carryed away from
each others proportion of meadow ground, & both partyes
being willing to putt their Case to a refFerence to be judged
by yo" two These are therefore to authorize yo" to make
inquiry into y^ matter & to ord^ it soe that if John Archer
hath cutt & carryed away any grasse from y® meadow belong-
ing to y" three farmes or if they haue cutt or carryed away
any from y^ proportion assigned to Fordham that an Esti-
mate be made of each proportion, & that those who haue
taken mare then their share doe make satisfaction to y^
othr Giuen und^ my hand at ffort James in New Yorke
this ii'^ day of Sept'?"' 1669.
[Francis Lovelace.]
To William Hayden &
Drake of Eastchest?
Deeds [Indians' Deed to John Archer.]
3: 127 ■■ J t
(Sec. State)
Entred for John Archer March 4?'' 1669.
Sp^t*^^8 ^^ '*■ '''"own^ unto all men by theise p''sents that upon y*
28**" day of September in y*= zi**" yeare of y® Raigne of our
1669/70 Soveraigne Lord Charles the Second by y^ Grace of God
March 4
of England Scotland France & Ireland Kinge Defend"^ of the
faith &c Annoc^ Domini 1669. Wee Tacharetht, Nisme-
tarhatinn, Wackha, Punckekch, for & on y^ behalfe of
Ahwaroch, Achipor, Minquaes Sachemache, for & on y®
Collateral and Illustrative Documents 213
behalfe of Annetie Pownock, for & on y*^ behalfe of Deeds
3: 127
Lyssie, & we on y® behalfe of y^ rest of y" Owners for (Sec. State)
the consideration hereaftT exprest Have Graunted bargained
& sould & by theise p''sents doe hereby Graunt bargaine Sept. 2S
& sell unto John Archer of Fordham his heires & Assignes Recorded
a certaine Tract of Upland & meadow ground upon ^trch^4
y^ niaine, begining Westward from a certaine place by
y"^ Indians comonly called Mascota so it goes to anoth"^
place called by them Yowahamasing & from thence Round
about y* Kill called Papiriniman & so to run into Har-
lem Ryver at y^ Hook called Saperewack, from thence it
reacheth South East to y^ Place called Achquechgenom &
from thence it reacheth alongst Bronckx Ryver to Cowan-
gongh, so on to Sachkerah & so to the first place Mascota, so
that from Mascota to Sackerath It runs upon a straight
East Lyne to Bronckx Ryver, & from Saperewack to Acqueck-
genom South East to yf said Ryver, All w?*" said Tract of
Land as it is before described Wee the aforesaid Indians on
the behalfe of our selues those that have intrusted us & our
Associates, Have sould unto y® said John Archer his heires &
Assignes for & in consideration of Thirteene Coates of
Duffells, One halfe Anchor of Ruine, Two Cans of Brandy=
wyne w*^ seuerall other small matters to y® Value of sixty
Guilders Wampom, All w'^^ we acknowledg to haue Receiued
of him the said John Archer before tb'ensealing & deliuery
of theise p''sents in full satifaction for y^ Lands aforemen-
coned. The w^*" we doe hereby resigne & make over unto y"
said John Archer his heires & Assignes w'*^ all o'^ Right Title
& interest thereunto as also theirs that haue intrusted any
of us & o'' Associates To have & to hould the said Tract
of Land & p'misses unto y^ said John Archer his heires &
assignes unto y^ proper use & behoof of him y^ said John
Archer his heires & assignes for ever, free quitt & cleare
214 Province of New York [m]
Deeds from all or any former bargaine & sale, or any oth'' Incum-
(Sec. State) brances by us or by any from or und!' us, & to y^ utmost of o-
powers shall keep & saue him the said John Archer his
Sept. 28 heires & assignes harmlesse in his or their quiett possession
Recorded & Enjoyment of y^ p''misses against any othe^ Indian p''tend-
M^r^l74 ^^^ whatsoever In witness whereof we haue hereunto put o''
hands & scales y*^ day & yeare first w'^in wrytten.
This bargaine & sale was made by y^ Approbation
& Lycence of his Hono'^ y® Governour betweene
y^ Partyes men coned: w'*' this Provisoe That his
Royall Highness his Rights & Priviledges as Lord
Proprietor of theise his Territoryes be hereby noe
way infringed
Matthias Nicolls Seer
2.*42o An Ord!" for y^ proporconing y'' quantity
(NYSL) Qf meadow for Jn? Archer at Fordham.
Oct? 8 Whereas Complaint is made unto me That John Archer
doth lay clayme unto a greater proporcon of meadow ground
at Spiting Devill then he made purchase of from Elias
Doughty, I doe hereby order that he shall haue his full
proportion of meadow layd out for him, lying nearest &
most Conuenient for y^ new Towne of IFordham but no more
& that y" remainder do belong to WiHm Betts, & George
Tippett according to their purchase reserving onely what
hath beene layd out for y^ fferry to y'= w''.'' they shall haue no
furthT p'^tence. Giuen und"^ my hand at fFort James in New
Yorke this 8'^ day of October 1669.
[Francis Lovelace.]
[m] Collateral and Illustrative Documents 215
An Ord'' concerning y^ meadowe in C. A.
° 2: 565
dispute betweene John Archer of (NYSL)
fFordham & WilHam Betts & Georg
Tippett.
Whereas There hath beene a difference long since depend- 1670
ing betweene John Archer of ffordham & William Betts & J"y '
George Tippett of y? farmes neare adjoyning for & con-
cerning y® Laying out of a certaine parcell of meadow
ground sould unto them by Elias Doughty, Upon Examina-
tion into & due consideration had of y" p'"misses, It is this
day ordered, That John Archer shall haue Thirty Acres of
meadow ground as his Complement of what hath beene sould
unto him, y® w'^^ shall be y° same meadowe formerly laid
out for him by Jaques Cortileau y? Surveyo"^ & since likewise
Survey'd by Robert Ryder begining beyond y^ Swamp & yS
remaind!' of y? meadowe w'^'in the purchase is to be & belong
unto y'^ said Wittm Betts George Tippett & Company
according to y? Teno'^ of their bill of sale w'?' a reservation of
y" Swamp or Marish ground not esteemed meadowe lyeing
in y^ bottom before y? Towne of ffordham w'^^ for y? p''sent
shall belong to y° Inhabitants of y? said Towne Always
provided, That neith'' y? said Archer nor y? said Betts &
Company or any of them by vertue of their bills of Sale or
oth"^ p''tences doe lay clayme to y^ meadowe ground laid out
in Lotts & belonging to some of y*; Inhabitants of y? Towne of
Harlem whose Right to y? same is not any way hereby
infringed Given und"^ my hand at ffort James in New
Yorke this 7*'' day of July 1670.
[Francis Lovelace.]
2i6 Province of New York [m]
^- E- An Ord"" directed to Cap* Jaques Cortelijau
(NYSL) requireing him to lay out John Archers
Land at fFordham als Spiting-Devill.
1671 These are to require you that w"^ yo'' first Convenience
you repaire to ffordham neare Spiteing-Devill, & that accord-
ing to yo'' best skill & Judgm' you lay out for & upon y*
Acco* of John Archer of y^ same Place y® Land w'^'^ hee
possesses or hath purchased of Elyas Doughty, or of y^
Indyans by my Approbacon; fFor yo'' better Directions
wherein you are to view his Papers & Writeings, & withall
to Advize w"' such of y^ Neighbourhood as you thinke can
give you y'' best Light & Assistance therein, That hee entrench
not upon his Neighbours Right; of all which you are to
render mee an Acco' And for soe doeing This shall be your
Warrant. Given under my Hand at fForte James in New
Yorke this iS'*" day of October 1671.
fFran: Louelace
To Cap' Jaques Cortelijau
Surveyo"' Gen".
Deeds [Report in relation to Survey of Archer's Land at Fordham.l
3:140
(Sec. State)
New Yorke Recorded for John Archer.
Novem: g^^
1671.
1671 By Ord"^ from y*^ Governo' Lovelace, wee have Layd out
John Archers utmost Lymitts of his Land at fFordham, begin-
ning from y'^ High-Wood-Land that lyes right North-West
over against the first Pointe of y? Maine-Land, North-East
from Papiriniman, there where the Kill Maskota lyes, & soe
goes alongst y'^ said Kill; y'' said Land stretching from y®
High-Wood-Land aforemenconed East South East, till you
[ui] Collateral and Illustrative Documents 217
come to Bronckx his Kill, & soe Westward up alongst v'' Deeds
. .3: 140
Maine Land to y^ Place where Harlem Kill & Hudsons River (Sec. State)
1671
meet together, & soe goes alongst y'' said Kill of Harlem, untill
you come to y*^ first fFountaine, lyeing to y® South of Crabbs Nov! 9
Island, & soe Eastward alongst Daniel Turneurs Land, y'^
High Wood-Land, & y" Land belonging to Thomas Hunts,
& then to Broncks his Kill aforenamed; This was done w'*^
a Compass made for y'' CHmate of Europe.
Jaques Cortelijau — Surveyor Geii!^"
Dudley Lovelace.
An Ord'' to restrayne Betts & Tippett from G. E.
doeing Trespass upon y** Land belonging to (NYSL)
John Archer of flFordham.
Whereas there is Comp" brought by M"^ Tn? Archer, That 1672
o y ./ Aug. 16
notwithstanding the Orders made by y** Governor that the
Swamp or Bagg of Meadow near y'^ Towne of fFordham
should belong to the said Towne, & that a Division of the
Meadow hath by his Hono'' been at severall times made by
Surveyo" appointed to doe the same, between y® said Jn?
Archers Land at ffordham, & y" ffarmes belonging to William
Betts, & George Tippett, yett the said Betts & Tippett, or
some from them or by their Order, have mowed upon
the Meadow, adjudged to y" said John Archer, & laid out
for the said Towne of fFordham; These are in his Ma?'^^
Name to require you to forewarne the said Betts & Tippett,
or any employ'd by them, from trespassing upon any of the
Meadowes aforemenconed, & that you bee aiding & assisting
to the Inhabit" of ffordham in what concerns their Right to
y'' said Meadows, of w'^*' all Persons are to take notice, &
give Observance hereunto, as they will answer their Trespass,
& breach of y" Governo"^ severall Ord'*^ upon this Occasion
2l8
Province of New York
[^^•1
G. E,
4: 191
(NYSL)
1672
Aug. 16
at their Perill. Given under my hand in New Yorke this
16**" day of August 1672.
Matthias Nicolls
In y** Absence of y* Governo'
To y^ Constable of Fordham
& Offic^^^ there.
G. E.
4: 19s
(NYSL)
1672
Aug. 23
A Special! Warr? for Hearing & Tryall at y^ Gen?"
Cop of Assizes, in a difference depending
between Jn° Archer, & Betts & Tippett.
Whereas there have been severall Disputes & Contests
between John Archer of ffordham nigh Spiting-Devill on
y" behalfe of himselfe & y'' Inhabitants of the said Place, and
William Betts, George Tippett, & y^ Inhabitants at y^ three
ffarmes upon the land called Younckers Land, touching the
Bounds & Lymitts between the Land of the said John Archer,
& y^ Inhabitants of the three ffarmes, & more particularly
concerning their Meadowes, the w"^^ was supposed long since
to bee decided, wherein I had the trouble severall times to
goe upon the Place in Person, & at others to send Com-
mission" & Surveyor^ who having made their Reports,
diverse Orders have proceeded thereupon from my selfe &
Councell, for the determining of their Differences, & ascer-
taining of the Bounds of their Lands & proporcons of
Meadow, Yet notwithstanding all Orders to the contrary,
the said William Betts or his agents have lately p^'sumed to
mow, & carry the Hay away from within the p''cincts of the
Meadow adjudged to belong to the said John Archer &
Towne of ffordham; These are In his Ma?'"^ Name to require
the said William Betts, and George Tippett, or whoever else
of the 3 ffarmes aforemen coned are concerned In the Tres-
pass or Clayme to y*^ Meadow aforesaid, That they make
their Appearance at y*^ next Gen?" Co" of Assizes to bee held
Collateral and Illustrative Documents 219
in this City, beginning on y^ first Wednesday in October next, G. E.
then & there to make Answer to y" Comp?' of John Archer in (NYSL)
an Action of Trespass, & also for the breach of the severall
. . 1672
Ordr^ made by mee and my Councell in this behalfe; Hereof Aug. 23
they are not to fayle as they will answer the contrary at their
perills. Given under my Hand and Scale at fForte James
in New Yorke this 23''' day of August 1672.
[Francis Lovelace.]
To y^ Constable of Fordham who is to
see this Warrant putt in Execucon, &
a returne thereof made at y*^ Co" of
Assizes.
An Ordr about y^ Mannor of fFordham, viz' G. E,
that a Co" bee kept there quarterly, & that (NYSI
Mr Jn? Rider bee Steward & Presid'
Whereas Mr Jn° Archer having obteyned a Patent from 1673
mee for a certaine Parcell of Land upon y* Maine (of w'^''
hee had made Purchase) lyeing & being over against this
Island Manhatans, neare Spiting Devill, where a New
Village is seated, & is called ffordham, unto y'^ w'^*' I have
thought fitt to Grant y*" Priveledge of a Manno', & the
said M'' John Archer being the Principall Proprietor
having requested of mee, That being y" Principall Pro-
prietor for y^ Decision of Matters of Debt & Trespasse
between him & his Tenants, or between one Tenant &
another there may bee held a Court quarterly, or as
often as there shall bee Occasion, of w'"'" some Person as
Steward of the Manno^ shall bee Presid', taking as his
Assistants y^ Constable of y'^ Place, & one or two more of the
discreetest of the Inhabitants; The holding of a Court there
by y^ Constable & Overseers being not practicable amongst
220 Province of New York [m]
G- E- them in their New Settlement, By these Presents I doe well
4: 277 ^
(NYSL) approve of y^ Proposall afore-mentioned, & doe Order That
there shall bee held for v^ said Manno^ of ffordham a Court
1673 .
Apr. 10 quarterly or oftner if Occasion shall bee the first Court to bee
on y^ 24?'' day of this Instant Month where the Steward for
the time shall bee Presid? & that hee take as his Assistants y®
Constable of y" Towne, & one or two more of the discreetest
of y^ Inhabitants as afores^ or Neighbourhood, for the
Decision of all Differences of Debt or Trespasse between
the Landlord & Tenants, or one Tenant w"' another, accord-
ing to y'^ Direction in the Law & y" Priveledges in his Patent.
And Mr John Rider being recommended by y^ said MT
Archer to bee Steward of the Court, I doe hereby Allow
thereof the said Steward taking his Oath to doe Justice in
y® said Employm? between Man & Man according to Law
& good Conscience, & Regulating himselfe as a Steward of
a Manno^ ought to doe, for y^ w*^*" as Occasion requires hee
shall have particular Directions from my selfe. Given under
my hand at ffort James in N: Yorke this 10?*' day of Aprill
in y^ 25*'^ yeare of his Ma^"*^ Reigne Annoq5 Domini 1673.
[Francis Lovelace.]
Eodem Die, viz? Apr: 10'*' 1673.
M'' John Rider was sworne Steward of y^ MannoT
of ffordham, & duely to Administer Justice accord-
ing to y*^ Trust reposed in him &c:
E'eeds [Deed from Archer to Matthias Nicolls.l
.4:95
To all to whom this p''sent writeing Shall Come John
Jan. I Archer of ffordam Sendeth greeting; Wh[e]reas the Said
John Archer layes Claime to a Neck of land Hummock or
Island Commonly Called Papiriman by vertue of his Pur-
[Si] Collateral and Illustrative Documents 221
chase & Pattent, whereupon it was the late Governo"' Colt Deeds
4* 95
fFrancis Lovelaces Pleasure to Settle Johannes Vervelen for (Sec. State)
Some years to keep a fFerry for the Convenience of Passen-
gers Betvveene the Island Manhatans to y" Maine from and Jan. i
to which it is the Only Road, Now know Yee that for & in
Consideracon of a Certaine Suine of Money in hand Paid or
Secured to bee paid by Matthias Nicolls Secretary to this
his Roy" Highnesse, Gover[n]ment, Hee the s'^ John Archer
hath for himselfe his heirs & Executo" given granted.
Bargained, Aliened, & Sold & by these p'sents doth
give, grant, Bargaine, alien & Sell, unto the aforenamed,
Matthias Nicolls his heirs and Assigns all his Right tittle and
Interest, unto the s'^ Neck of land Hummock, or Island, &
Premisses, together with the Appurtenances, within the
Limmitts & bounds heretofore agreed upon to be held by the
said Johannes Vervelen, without other Prejudice to the towne,
Reserveing the Royalty of the Same, with the rest of the
Mannor, from the which it is nott to bee divided but on the
Contrary as an acknowledgement the s'^ Matthias Nicolls,
his heirs and Assignes, are to pay or Cause to bee paid.
Every New Yeares day unto the s*^ John Archer, his heirs
and assignes, a fatt Capon; To have and to hold the s*^ Neck
of Land, Hummock Island Premises, withall the tittle right
and Interest, which hee the s*^ John Archer hath or may
have thereunto, unto the Said Matthias Nicolls his heirs
and assignes, & unto his or their proper use and behoofe for
Ever, In Wittnesse whereof he the Said John Archer, hath
hereunto Sett his hand [and] Scale this first day of January in
the 26"" [sic] yeare of his Ma""Reigne Annocp Domini. 1678.
John Archer
Sealed Delivered In
p''esence of
Peter Smith
Henry Newton
222 Province of New York [ivl
NO. IV.
NEW FERRY AT SPUYTEN DUYVIL.
0. W. L. An Ord^ for y" Mayo' & Ald™"° of N. Yorke
2:341 ^ ^
(NYSL) to settle y'' fferry at Harlem &c
Feb.^27 Whereas Johannes Vervelen of New Harlem hath p'"ferr'd
a Peticon unto me In regard y*^ fferry of Harlem is to be
Removed & that y^passage at Spiting Divell is to be fitted &
kept for passengers going to & from this Island to y'' Maine
as also for a drift for Cattle & Horses that he may be admitted
to keep y^ said Passage The Pet^ alleadging that having a
promise from y'' late Governo' my Predecessor as also a
Confirmacon from y*^ Mayo'' & Aldermen of this Citty that
he should injoy y*^ benefitt of y" fferry at Harlem for fiue
yeares Conditionally that he should provide boates & other
necessary accomodacon for strangers w^*" accordingly he
hath perfourmed but there is not as yett aboue two yeares
of y^ tyme expired, I haue thought fitt to referr y^ whole Case
of y^ Pet' to y^ Mayo' & Aldermen of this Citty who are to
returne back to me their Judgm' & Resolution therein,
Whereupon I shall giue Ord' for y^ laying out of a peice of
land neare Spiting Divell fitt for y® accomodation of the
person that shall be appointed to keep y*^ fferry & Passage
there, as also for y^ Releife of passengers & strangers Given
und' my hand at fFort James in New York the 27'.'' day of
February 1668.
[Francis Lovelace.]
To y"" Mayo' & Aldermen
of y^ Citty of New Yorke.
Collateral and Illustrative Documents 223
An order about the Ferry to bee removed O- W. L.
. . . 2: 424
from Harlem to Spiting Devill. (NYSL)
Whereas it hath beene resolued and concluded upon that* 1669
the Ferry at New Haerlem shall bee removed to a nearer
and more convenient passage to and from this Island and
the maine, which is found to bee at a Place called Spitting
duyvell And Johannes Verveelen who hetherto hath kept
the Ferry at New Haerlem aforesaid being found the fittest
person to bee employed therein, that will undertake it both
in regard of the Charge hee hath beene allready it ' and
his Experience that way. These are to authorize and Em-
power him the said Johannes Verveelen to repaire to the
said place at Spitting duyvell and to cause a fence to bee made
for keeping all manner of Catties from goeing or Coming
to or fro the said passage without leave or paying therefore
and at his best conveniency to lay out a place upon that
peece of Land called Papiriniman on the meane Side neare
unto the said passadge for his habitacon and accoiriodacons
of Travallers for the which hee shall haue a patent and
Articles of Confirmacon And for so doeing this shall bee his
warrant. Given under my hand at Fort James in New
Yorke this 2"^ day of June 1669 p> j
To all officers or other
persons whome this may
concerne.
[Articles of Agreement for the Conduct of the Ferry.] o. w. L.
2:538
July y'^ 15'h 1669. AMwm-
Before y^ Governo^ to aw?L.
About y*^ Ferry to be remoued from Harlem to Spiting
Devill Johannes Vervelen to be fferryman July 15
• Should be " at."
224 Province of New York [iv]
^'T^'o' First That he prouide a sufficient dwelling house w'!' three
(NYSL) or foure beds for y** Entertainm' of Travelers, & that he
plete copy be furnish't alwayes w*!' prouisions for them their horse &
'"^2:507 ' Cattle & stabling & stalls accordingly.
That he haue a sufficient boate for transportation of pas-
July % seng" horses & Cattle.
That he cause y^ Passe upon this Island neare Spiting
Devill to be sufficiently fenced in w'^ a gate to be kept
lockt, that none may passe in or Out w**'out his pmission.
That he giue his due Attendance at y^ said Ferrye eith^
in person or one sufficiently deputed by him so that no body
be interrupted in their passage to & fro about their occasions,
at seasonable houres, Except in Case of Emergency where
y^ publique affaires are Concerned when he is to be ready
at all seasons that he shall be called upon.
And in Case of neglect upon y^ Complaint of y^ ptye to
y^ Court of Mayo^ & Aldermen of this Citty he shall Incurre
such fyne or penaltye as y^ Court shall adjudge according
to y® meritt of y^ Cause.
That y^ fferryman belonging to y" New Towne of ffordham
be Constable for y"^ first yeare, & y' y^ said Towne haue
dependance upon y"^ Mayo''? Court of this Citty as Harlem
hath untill further Order.
The Ferryman is to haue for y'' Execution
of his Office as foUoweth.
That y^ whole Island of Papiriniman be alotted him toward
y'= Accomodation of Strangers & y^ defraying of his Charges.
That he haue a proportion of meadow adjacent to it
for y^ further Accomodation of [blank] Acres.
That y* said Island together w'*' y" house & other buildings
he shall Erect upon y'' p''misses be Esteemed & taken as his for
y*" space of [blank] yeares or for & duering his naturall life.
[??•] Collateral and Illustrative Documents 225
That aftT y^ Expiration of y^ said tyme if it shall be thought O. W. L.
fitt to invest anoth!" y^ person so invested shall giue unto him (NYSL)
or his Assignes such satisfaction for his buildings thereupon piete copy
as shall be adjudged by two indifferent psons chosen be- '"2 '^7 '
tweene both.
That in Case he lodges any pson one night he is to haue jjjy ^g
6. pence p night in Case they haue a bed w**? sheets & v^'^out
sheets two pence in Silver.
For Transportation of any person Except he be imployed
by warrant by y^ Gouernor or any magistrate upon y® pub-
lique affaires for w"".*^ he is to haue no pay one penny sylver,
Likewise that he is to take nothing for any pson or psons
sumoned to appeare in Armes upon any Emergent occasion.
For Transportation of a man & horse 7'? in Silver.
For a Single horse. 6''
For a Turne w*.'' his boate where there is 2 horses 10^ &
for any more quantity 4"^ p peice & if they be driuen ouer
halfe as much.
For Single Cattle as much as a horse.
For a Boate loading of Cattle as he hath for horses.
For Droves of Cattle to be driuen ouer & opening y^
Gates 2^ p peice.
For feeding a horse one day or night w'.*^ hay or grasse
six pence.
For feeding of Cattle 3"^ in Silver.
That he pay as a quitt rent yearly 10 shill:
That y^ fferryman beare one third part of y® Charge of
making y^ bridge over y® meadow w'.*" those of ffordham
who are to pay y^ rest.
That if it shall be thought Convenient that the privi-
ledge of keeping a ffayre be graunted to this Citty or any
oth'^ parte of this Island all Droves of Cattle passing over
y" fferry are to goe free & so to be in retorning a day before
[15]
226 Province of New York [iv]
O. W'l" & a day after it's Expiracon before w'^*' & after they are to
(NYSL) pay y" usuall Rate.
Also incom- t^i plmj' a c • j
plete copy i o leaue y'' building & lence in good repaire.
in O. W. L
2:507
In Testimony hereof y^ Partyes to theise p''sents Articles
Indented haue Interchangably putt to their hande & Scales
T ^\^'^ y^ Day & yeare first aboue wrytten.
Sealed & Delivered in
y'' presence of.
This is y^ End of y^ Articles betweene y^ Governour &
Vervelin the Ferryman.
O. W. L.
2:525
(NYSL)
[The Articles of Agreement.]
Articles of Agreem? Indented, consented unto & Con-
[Sept.] eluded upon y^ \hlanK\ day of [blank] in y'' 21'!^ yeare of his
Ma*"'^ RaigneAnnoq5 Domini 1669. Betweene y*" R* Hon'''®
Francis Louelace Esq'' Gouerno^ Gen""!' und^ his Royall
Highness James Duke of Yorke & Albany &c of all his
Territoryes in America on y" one parte & Johannes Ver-
velen of New Harlem on y^ Island Manhatans Ferryman on
y*" oth' pte for & Concerning y'= settling of a Ferry at y*
place Coinonly called Spiting Devill betweene this Island
Manhatans & y'' New village called Fordham as foUoweth
(viz*) that is to say.
Inprimis, It is agreed Concluded upon & mutually con-
sented unto by & betweene y" ptyes to theise p''sents, That
y'' said Johannes Vervelen as Ferryman shall Erect & prouide
a good & sufficient Dwelling house, upon y'' Island or Neck
of Land knowne by y" name of Papiriniman, where he shall
be furnish't w*^ three or fower good Bedds, for y'' Enter-
tainment of Strangers, as also w"? Provisions at all Seasons,
for them their horses & Cattle togeth'' w'.*" stabling & stalling.
Thaty^ Ferryman haue a sufficient & Able boat for y^ Trans-
portation of Passengers Horses & Cattle upon all Occasions.
[iv] Collateral and Illustrative Documents 227
That y'' said Ferryman cause y* Passe upon y^ said Island O. W. L.
neare unto Spiting Devill to be sufficiently fenced in w*.*^ a (NYSL)
Gate to be kept Lockt that noe person may passe in or out
w*''in his pmission. [Sept.]
That y® Ferryman doe beare one third parte of y^ Charge
of making y" bridge ouer y'' meadow ground to y^ Towne
of Fordham who are to be at y" remaindr of y" Charge
themselues.
That y® said Ferryman doe giue his due Attendance at
y® said Ferry either himselfe in person or by one sufficiently
deputed by him, so that no body be interupted in their
passage to & fro about their Occasion at seasonable houres,
Except in case of Emergency where y" Publique affaires are
concerned, where y^ said Ferryman is to be ready at all
seasons that he shall be called upon.
And in Case of neglect of y" Ferrymans Duty upon Com-
plaint of y"" pty wronged to y^ Co?^ of MayoT & Aldermen of
this Citty, The said Ferryman shall Incurr such a Penalty
as y'' Co" shall adiudge according to y" meritt of y'^ Cause.
In consideration of what is herein required
to be done & pfourmed by y^ said
Johannes Vervelen as fferyman, he y^
said Johannes Vervelen shall for y^ well
Execution of his Office haue & receiue
as followeth (vizt).
That y'' whole Island or Neck of Land called Papiriniman
whethr incompassed w'^ water or meadow Ground, shall be
alotted to y® said Ferryman togeth? w'-*" y^ peice of meadow
Ground adjoyning to it lately layd out by Jaques Corteliju
[sic] Surveyor towards the Accomodation of Strangers &
y^ defraying of his Charges.
That y** said Island or Neck of Land & meadowe Ground
togeth!' w'*^ y'' housing or whatever else he shall Erect or
228 Province of New York [?^]
0; W. L. build thereupon, togeth?' w"^ y"^ Ferry & y" benefitt priuiledges
(nVsL) & profitts thereunto belonging shall be & remaine to y"
1669
proper use & behoofe of y" said Johannes Vervelen & his
[Sept'l Assignes for & duering y® Terme & space of Eleauen yeares
to Comence from & aft^ y^ i^' day of \hla7ik\ 1669.
That for y*^ First yeare he y® said Johannes Vervelen be
Constable of y'^ New Towne of Fordham w''*' said Towne or
village is to haue it's dependance upon y" Mayors Co" of
this Citty in like manner as y® Tovene of New Harlem hath,
They hauing liberty to Trye all small Causes und"" 5" amongst
themselues as is allowed in oth'' Towne Courts.
That aft?"y'' Expiration of y'^ said Terme & tyme of Eleaven
yeares. He y*^ said Johannes Vervelen if he so longe shall
Hue & desire y^ same shall haue y" First proffer to Continue
Ferryman or in Case of his decease his nearest relation or
Assigne shall haue preference before another in being
admitted to take y^ said Ferry to fFarme But if it shall happen
that another pson shall be invested in y^ Imploym* The
pson so invested shall pay unto him y'^ said Johannes Ver-
velen or his Assignes & make such satisfaction for his build-
ings boats & oth"' Accomodacons remaining thereupon as
shall be adjudged by Two indifferent psons to be chosen
betweene both ptyes.
That at y^ Expiration of y'' Terme of Eleaven yeares y^
said Johannes Vervelen or his Assignes who shall Exercise
y^ Imploym' of Ferryman shall be obliedged to haue y'^
house Tenantable w**" a sufficient boate & y"^ ffences & Gates
kept in repaire as they ought to be Continued all y*" tyme
so that no discouragem* be Giuen to passengers nor y*^ Ferry
through any neglect be discontinued.
That y*^ fferryman shall take & receiue of all Passengers
wheth'' alone or w**" or on horsback drifts of Horses or Cattle,
for lodging Dyett feeding passage or ferrying according to
y" Rates in a Table to That End directed & sett forth.
[iv] Collateral and Illustrative Documents 229
Provided alwayes that all psons Employed by special! O- W. L.
warrant from y^ Governor or any Magistrate upon y'^ Pub- (NYSL)
lique Account shall be Exempted from paying eith^ fferryage
or passage for themselues or Horses as also such pson or [Sept.]
psons as shall at any tyme be suirioned to appeare in Armes
upon any Emergent or Extraordinary Occasion who are
likewise to be free.
Moreover if y^ Governor shall at any time w^'in y^ Terme
aforesaid thinke it Conuenient that a Fayre shall be kept
eith^inthis Cittyor anyoth'' pteofy" Island, It is also agreed
upon that all Droves of Cattle & Horses passing over y'^ said
fferry shall be free from payment, either in goeing thith"'
or retorning back, w"^."^ priuiledge shall continue duering y^
tyme of keeping y*^ ffayre as also a day before & a day aft^
it's Expiration.
And Lastly y'^ said Johannes Vervelen or whosoeuer on
his behalfe shall keep y fferry aforesaid shall pay yearely &
euery yeare as a Quitt Rent to his Royall Highnesse y*
Sume of [blank]
An OrdT excusing William Betts & oth"'^ from ^- ^•
° 2 : 466
making a bridg ouer y" Marsh betweene (NYSL)
Papirinimon & ffordham.
Whereas it was proposed unto me by William Betts George ^^ ^^/'''^
Tippett & John Heddyer' that living at some distance from
y^ Towne of Fordham where a Cawsey is to be made ouer
y^ Marshy ground betweene Papiriniman & y* Towne of
ffordham if they may be Excused from their Proportion of
worke in making up that Cawsey they will be obliedged to
make a bridg at their owne charge over Bronckx Ryver in
y® way to Eastchest^ w^'^ is also a thing very requisite &
comodious. Upon debate of y" said Proposicon in y" p'^sence
' John Heddy or Hedden.
230
Province of New York
m
C. A.
2:466
(NYSL)
1669/70
Feb. 10
of y^ said Three persons & also of diuers of y° Inhabitants
of Fordham those of y'' Towne offering to giue their assist-
ance in making of y'' said bridg aft^ y^ Cawsey shall first be
finisht for y'^ w?^ all their Assistance will be little Enough,
& finding that what is proposed by y^ Towne tends to y-
greater Expedition of both workes It is ordered that y'' 3
psons aforenamed do first joyne w*'' y^ rest of y® Towne of
fFordham in making up y" Cawsey agreed upon as aforesaid
& that afterwards they do all Jointly giue their best help &
assistance in making a Convenient bridg ouer Bronckx Ryver,
w*** a Gate on Eastchest^ syde to hind^ their Hoggs from
comeing over In consideration whereof & for their Incour-
agemt it being a new Plantation they shall haue y° liberty
& priviledg of having y^' Passage of y® Ferry free to & fro
for themselues Horses Hoggs & Cattle for & duering y^
space of tyme Johannes Vervelen y'^ p''sent Constable or
his Assignes shall injoy y^ Ferry, as by agreem* betweene us
is sett downe, Given und'^ my hand at Fort James in New
Yorke this lot** day of February 1669.
[Francis Lovelace.]
No. V.
NEW ROAD BETWEEN NEW YORK AND HARLEM.
O. W. L.
2 : 336
(NYSL)
An Order for a Cart way to be cleared
betweene this Towne & Harlem.
Feb 24 Francis Louelace Esq"' &c Whereas It is found Convenient
& very necessary for mutuall Comerce w*^ one another that
a waggon or Cart way should be laid out & cleared betweene
[^■] Collateral and Illustrative Documents 231
this Citty & y*" Towne of Harlem w^^ hath heretofore beene ^- y- ^•
Ordered & appointed but never as yett was prosecuted to (NYSL)
effect These are to authorise & Empower yo" as Comission"^?
to see y® same put in Execucon That is to say after hauing Feb. 24
agreed upon a tyme of meeting to view & lay out y'' ground
that yo" appoint y® Boores of y^ Bowery neare this Citty &
y" parts adiacent to cleare y'' way from this Citty to y® Saw
Kill, & y^ Inhabitants of y® Towne of New Harlem to do y"
like from thence to their Towne, & that it be cleared & made
fitt for a passage for waggons & Carts as well as Horses from
one place to anothT by y'^ first day of May next according to
this my Ord^ I do expect an exact perfourmance of what is
Comitted to yo'' charge & for so doing this shall be to yo"? &
every of yo" a sufficient warrant Given und'' my hand & scale
atffort James in New York this 24**? day of ffebruary 1668.
[Francis Lovelace.]
To Thomas Hall & ) r at t^ i
^ . -. ... Mor New York.
Gerritt Hendricks )
&
To Daniel Turner &
Resolued Waldron
for New Harlem.
No. VI.
TOWN OF WESTCHESTER, WILLIAM WILLETT
AND THOMAS HUNT, SR.
To the Constable & Overseers of O. W. U
Westchester. (NYSL)
Whereas Thomas Hunt of yo^ Towne hath made Com- jj^^^^^
plaint unto me That yo^ Inhitants haue staked out a way
232
Province of New York
PvT]
1667/8
Mar. 21
O. W. L. vpon Throgmortons Neck, & that they are about to run
(RYSL) their fence up which if done will proue very p'iudiciall unto
him In regard it will debarre him from a watering place for
his Cattle in the Sufner tyme w'^'' he hath made use of for
the space of six yeares past & upwards, & the said Thomas
Hunt hauing made a very reasonable proposall, that if yo"
will run yo^ fence anoth^ way where it may not be lesse for
yo'' Conueniency he shall for his proporcon be ready to make
up 40 or 50 Poll of Fence or so much as it shall happen to
take more then that yo" haue already laid out These are
therefore to require yo*? to appoint two or more indifferent
men to view the place by him the said Thom: Hunt proposed
And if it shall be found as he alleadges That then yo" comply
w'*" him according as is desired To the end there may be
no furthr Comp?' or Contest vpon this occasion Giuen undr
my hand this 21*'' day of March 1667 at Fort James in New
Yorke.
R. Nicolls
O. W. L.
2: 242
(NYSL)
1668
Sept. 8
An Order for W" Willett to carry away Hay
at Cornells Neck.
Whereas W"" Willett hauing a Pattent from the late
Governo'' Co? Richard Nicolls for a Confirmacon of a cer-
taine peice of land w'^'in the lymitts of yo^ Towne coinonly
called Cornells neck whereon as I am informed the said
W" Willett hauing caused some grasse to be mowed for
his winter provision of Hay w^'out any interupcon some
persons of yo^ Towne haue since molested them & forbid
them to make it up or carry it away These are to require
yo" upon sight hereof to suffer the persons imployed by the
said Wiltm Willett to mowe make up & carry away so much
Hay as he shall haue occasion of w'^'in the bounds of his
m
Collateral and Illustrative Documents
233
Pattent for his owne provision For the w''.'' if it shall appeare O- W. L
that the said meadowe ground where he causeth his Hay to (NYSL)
be mowed doth belong unto yo^ Towne Then he shall be
oblieged to giue yoV satisfaccon for the same according as
shall be adiudged reasonable by Two indifferent men to be
chosen betweene yo" Giuen und^ my hand at Fort James
in New Yorke the S'.*" of Septemb'' 1668.
[Francis Lovelace.]
1668
Sept. 8
A Confirmation of y^ Com"^^^ Report concerning Tho: Hunt.
Whereas there was a Comission issued forth into [sic] M''
John Richebell, M'' William Laurence, M'' Thomas Wandall
and M'' Jacques Coustilleau and M'' Resolveert Waldron to
view the Lands and Meadowes in dispute as to Examine into
and heare the matters in difference (and make a finall determi-
nacon thereupon with reservacon of Appeall) betweene the
Inhabitants of West=Chester and other persons concerned
amongst the which Thomas Hunt Senio'' of the place afore-
said was one of y® Commission"''' bearing date the 28'^ day
of february last And the Commission'''' having in pursuance
of their Said Commission beene upon the place and heard
what Could bee alleadged on either part and also given unto
mee a report of what they haue done and determined in y*^
Premises the which is attested under all their hands as their
Joint act wherein amongst other matters, In y^ Case of
Thomas Hunt its Said as followeth Viz' That Thomas
Hunt Senio'' according to y^''^ Teno'' of his Patent Should
not bee hindred of Pasture or Runes for his Cattle on Throck-
mortons Neck neither of Sufficient water for y" Same But
in case West Chester will fence in y"^*"^ Said neck that then
they shall Leave ou[t] Sufficient pasture and a watring place
as y^ aforesaid Hunt shall haue occasion for his Cattle.
O. W. L.
2:469
(NYSL)
1669
July I
234
Province of New York
m
O. W. L.
2:469
(NYSL)
1669
July I
These pres'^ doe therefore Certifye and declare that I
approue of and Confirme what y^ Said Commission" haue
done in y^^ Cause of Thomas Hunt who is to haue and Enjoy
whatsoever in their Report is Sett forth without any manner
of Lett, hindrance or molestacon whatsoever. Given under
my hand and Scale at Fort James in New Yorke this i^'
day of July in y*" 21"^ yeare of his Maj''*"^ Raigne Annocp
domini 1669.
[Francis Lovelace.]
No. VIL
YONKERS — VAN DER DONCK'S PURCHASE.
Septemb^ 21'
1666.
Deeds
3:42
(Sec. State)
1666
Sept.
The Indians Acknowledgment to haue receiued
satisfaction for y'' Younckers Land.
This day came Hugh Oneale & Mary his wife (who in
right of her former husband laid clayme to a certaine parcell
of Land upon the maine not farre from Westchester Cofnonly
called y^ Younckers Land) who brought seuerall Indians
before y? Governor to acknowledg the purchase of y^ said
Lands by Vander Dunck comonly called y"^ Younker
The said Indians declared y^ Bounds of y? said Land to
be from a place called by them Macackesin at y^ North, so
to run to Neperan, & to y" Kill Soroquapp then to Muskota,
& Pappereneman to y? South & Crosse y" Countrey to y?
Eastward by Bronckx his Ryver & Land.
The Indian Proprieto^^ name who was cheife of them is
Tackareek living at y^ Nevisans who acknowledged y? pur-
Collateral and Illustrative Documents 235
chase as before described, & that he had receiued satisfac- Deeds
tion for It. (Sec. state)
Claes y^ Indian hauing interest in a part Acknowledged to
haue sould it & receiued satisfaction of Van der Dunck Sept. 21
All y^ rest of y® Indians p'^sent being .7. or 8. acknowledg
to haue receiued full satisfaction.
No. VIII.
BUSHWICK vs NEWTOWN— BOUNDARY DISPUTE.
An Indyan Purchase, Entred for the Inhab- Deeds
13s
itants of New Towne, the 13''' day of July (Sec. State)
1666. Acknowledgd before the Governed
the 9**^ of July 1666.
Aprill the 12*^, 1656.
Know all men by these pnts, That wee Rowero westco, »^f^^2
and Pomwaukon, do acknowledge and Confesse; That wee etc.
have firmly and joyntly, Sold, Alienated & made over, all Recorded
Our Lands from us. Our heires, Executo^% Administrato" j^iy j^
or Assignes, to the Inhabitants of New Towne, alias Middle-
borrow, to them and their Heires for ever, as their owne and
free proper Land or Lands, Immunityes, appurtenances,
priviledges, and all whatsoever did unto the aforesaid
Sachems, or Indyans belong, from a small Creeke called by
the Indyans Canapaukah, where Burgors Mill Stands, from
thence going upon a Straight Line North East ward, to a
certaine Creeke called Sackhickneyah, where Wessells Mill
Stood, so Bounded by the Bay side, whilst it comes to the
236 Province of New York [vui]
Deeds Mouth of fflushing Creeke, so commonly call'd, so coming
(Sec. State) toward the South East, Bounded by the Creeke side till it
^g g extends it selfe to the South side of the Hills upon the Line
Apr. 12 from thence tuning upon the Line westward by the South
side of the Hills, till it meet with the South Line, w'^'' is
1666 extended from the west Branch of Marshpath kills, called
July 13 quandus quaricus, by a Dutchmans Land, called Hance the
Boore, from thence to the Mouth of Marshpath kills, by the
Indyans so Called; These aforesaid Bounds or Tract of Land,
w''' all the appurtences there unto belonging, which the
aforesd Indyans have sold in the yeare 1656, unto the afore-
said Inhabitants, onely wee reserved the Priviledge of a
certaine part of upland lying on the Southside of the afore-
said New Towne, for our use for Hunting, and sold them
onely the Grasse for mowing, feeding and Timber, and had
really and fully sold them and theirs for ever, the feeding,
mowing and Timber of the aforesaid Land, and were firmly
bound and Engaged, in our Bill of Sale, never to Sell or
dispose of the said Priviledges which wee had then reserved,
to any other but to the Inhabitants of New Towne, There-
fore wee the said Indyans, according to our word and obliga con,
do hereby these p'^sents manifest our selves to have reed full
Satisfaccon of the aforesaid Inhabit-^ for the Priviledges wee
then reserved, in y"^ aforesaid Tract of Land, and do really
& absolutely, give them and their Heires for ever, as full
Right and Title to all the Priviledges of the said Tract of
Land, as wee can or may for any of Our Lands, that wee
have, or shall Sell, denying ourselves of any Interest therein,
or any Claimes of any other whatsoever, of all y*^ Lands,
appurtenances or Priviledges, within the said Bounds, wee
say wee have really sold as aforesaid, unto the Inhabitants
of New Towne, as their owne proper free Land, wee say.
from us, our heires, to them and their heires for ever, where
Opposite p. 237.
§ o
[vui] Collateral and Illustrative Documents 237
unto wee have sett our hands, this 9*^ day of July 1666. Deeds
and in the 18*^ yeare of his Ma*'" Raigne (Sec. State)
Pumwakons X Marke.
Signed & Sealed in y- puts of us. Apr. 12
John Pounds X Marke. L
Armorcharne X his Marke. ^^'^66^'^
Chawescome X his Marke. J"ly ^3
John Napper X his Marke
Rec'? of y" Inhabitants of New Towne, full Satisfaction
for all the aforesaid Land w"^'' herein is specified, wee say
received by us the 9*** of July 1666. the Suine of ffifty five
pounds, for y'= first Payment, the 2'^ & last paym' now paid,
21" 09^ 00?
Pumwakon X his Marke
At the Generall Meeting of the Deputyes of Deeds
Long Island held before the Governor at (Sec. State)
Hempsteed March 4'*^ 1664.
Bushwick
New Towne ats
Middleborrough
It is this day Ordered, That the Meadow Ground in i^^^/s
. Mar. 4
Question between Bushwick and New Towne, shall remaine
to the Inhabitants of the Towne of Bushwick, as properly,
and of right belonging to them, (That is to say) the Meadow
lying on the west side, of the most auncient Dutch House,
Scituate on the East side of the head of Mashpeake-kills,
and the Inhabitants of New Towne, are no way to molest
the said Towne of Bushwick in their peaceable Enjoyment
thereof. Touching the Up Lands, the Bounds specified in
Middleborrough Deed, will sufficiently regulate the same.
Rich"^ Nicolls.
238
Province of New York
[vDiJ
o. w. L.
2:377
(NYSL)
A Lre to y*" Constable & Overseers
of New Towne.
1669
April 9
There being a difference depending betweene yo^ Towne
& yo^ neighbours of Boswijck about y'' bounds & lymitts of
yo'' Land y^ w"^*^ was by y" late Court of Sessions atGrauesend
recomended to yo" to agree amongst yo^selues otherwise y^
Governor was desired to appoint some fitt persons to view y''
Land & give their Judgm' therein unto him I am Ordered
to put yo" in mynde of that Ord*^ of y*" Court. Yo" are
therefore to rendr an Account whethT yo" are like to Agree
or no that in case yo" do not y" Governo'' may appoint some
persons to view y*^ Land & determyn y® matter in difference
betweene yo" I am
Yo^ very Loving freind
Apr 9'.'^ 1669. M Nicolls.
The like was sent in Dutch to Boswijck.
o. w. L.
2:441
(NYSL)
A warrt to the Constable &
Overseers of New Towne.
1669
June 21
Whereas there hath beene a difference depending betweene
the Inhabitants of the Townes of New Towne and Boswyck
about the Limitts of their Lands and the meadow or valley
belonging to them which was recomended both by my order
and the Court of Sessions held in March last, to bee in a
freindly manner issued amongst them selues but nothing hath
beene done therein. These are to require you to appoynt
two persons from yo"' Towne to appeare before mee and to
bring w*^ them, what writtings proofes and Euidences you
haue for yo'' Claime and pretences that there may at length
an End [be] put to the said difference according to Law and
[rai] Collateral and Illustrative Documents 239
good Conscience. Given under my hand at Fort James in O- W. L.
New Yorke this 21"" day of June 1669. (NYSL)
[Francis Lovelace.]
To the Constable and j^^^^^
Overseers of Nev?
Towne.
The like order was sent to the Constable and Overseers
of Boshwyck.
[Memorandum] C- A.
(NYSL)
The Inhabitants of y" Towne of Buswick p".^ j66p
The Inhitants of Middleborough ats New Towne Defts. ^'^*' ^^
A soeciall warrant. October 22'^ 1669.
An Ord*^ for Decision of v" Difference about ^* ^•
•^ .. 4: 151
the Bounds of Newtowne & Boswijck. (NYSL)
Whereas severall Applicacons have been made unto mee , 1^72
June 26
both by y** Inhabitants of y® Towne of Newtowne & Bos-
wijck, that y'' Lymitts & Bounds in Difference between
them might bee ascertayned, The which was recommended
to y'^ Court of Sessions at Gravesend to appoint some in-
different Persons to view the same and endeavour a Com-
posure; There haveing been likewise some Orders of Coun-
cell upon y*" same Acco', but as yett nothing hath hitherto
been done therein; To y® end an Issue may bee had of this
Controversy, The Persons whose Names are hereunder
written being y° same who were nominated by y'^ Court of
Sessions are to meet upon y® Place y° 27*'' or 28''' day of
this instant Month to view y" Bounds, & endeavour a Com-
posure between y^ two Townes aforesaid, for y" furtherance
whereof, Thomas Delavall Esqr & M'' Matthias Nicolls two
of y" Councell are likewise desired to bee p''sent to give their
240 Province of New York [?|]
G- E. best Advice to y" putting of a Period to this Controversy; &
(NYSL) if either of y^ foure Persons nominated as aforesaid shall bee
absent at this time appointed, y^ said Thomas Delavall, &
June 26 Matthias Nicolls may if they see Cause putt some other
Person to Act in his or their Places, of all vi'hich they are to
render mee an Acco* at their Returne. Given under my
Hand at Forte James in N: Yorke this 26"" day of June 1672.
[Francis Lovelace.]
No. IX.
NANGENUTCH alias WILL, AN INDIAN, FOR RAPE
AT EAST HAMPTON, L. I.
O- W. L. [Order prohibiting Will the Indian from coming
(NYSL) into or near the Tov^^n of East Hampton.]
TiUy'r Whereas Will: the Indyan was accused and convicted of a
Rape comitted upon y^ Body of an English vv^oman for w^"''
hee in part reed Punishm[ent] and these ' woman abused by
him being married wife and living in y^ Towne of East
Hampton into y® w''*' Towne if y*" said Indyan should bee
permitted to come it may breed ill bloud and cause some
disturbance these are therefore to require and coiiiand that
y^ said Will: y° Indyan doe not presume to come into or
very neare the said Towne of East Hampton for y^ reasons
aforesaid upon any pretence whatsoever as hee will answer
his contempt in doeing of y^ Contrary. Given under my
hand at Fort James in New Yorke this 7"" day of July 1669.
[Francis Lovelace.]
' An error for " the."
m
Collateral and Illustrative Documents
241
No. X.
ESOPUS PAPERS — KINGSTON, HURLEY AND
MARBLETOWN.
[Memorandum about Land Grants to Soldiers.]
Aprill y? 6"? 1667 [sic for 1668].
Edward Whittaker p'^ferred a Petition to y'= Governor on
y'' behalfe of y? rest of y? Souldiers at y? Sopez, whereupon
it was promised them by j^ Governo- That y? first great
peice of Land & y? Second adjoyning to it lyeing to y^ west
& beyond y^ wash makers Land hauing a Ryver or Creek
bounding it to y* South should be giuen to them: There are
to be 30. Lotts upon it, each Lott to haue 30 Acres of y?
Low Land, & Two Acres & a halfe of y? upland for their
home lotts y? wood land to be in Coiiion.
C. A.
2:526
(NYSL)
1668
April 6
A Grant to the Souldiers ^- '^•}'-
2:200
at Esopus. (NYSL)
Aprill: the 6'!^ 1668.
The Governor hath this day beene pleased to make a
Graunt vnto the Souldiers now being at the Sopez & to such
oth'? as shall be allowed to settle there That they shall haue
the First Great peice of land & alsoe the Second peice w''''
adioynes unto it They both lying & being westward beyond
the Washmakers land being bounded on the South by a
certaine Ryver or Creeke The number of Lotts that are
to be laid out there shall be Thirty & each lott shall haue
Thirty Acres of the Lowe land & Two Acres & a halfe of
[16]
1668
April 6
242
Province of New York
O. W. L. the Vpland to belong to their Home Lotts for planting land
(NYSL) The rest of the Wood land is to lye in Comon.
1668
April 6
By Order of y® Governor
M. Nicolls Secretary
O. W. L.
2:218
(NYSL)
1668
Aug. 7
O. W. L.
2:241
(NYSL)
1668
Sept. 5
An ord"^ about paym' for the House rent
where the Cheife military officer at
Esopus Quarters.
Whereas The Cheife MiUtary Officer at y" Sopez Hatli
euer since the Moneth of Novemb^ 1665 had his Quarters
in a house for w'^^ no rent hath hitherto beene paid nor any
agreem' made w*^ the owner for the same. And whereas
the maintaining & continuance of Souldiers there tends to
the Safeguard & proteccon of the place I doe therefore
hereby ord^ That the p'^sent Scout & Comissaryes doe
forthw'.'' take it into their Consid'^acons & adiudg what rent
is fitt to be paid for the tyme past, w'^'^ is to be levyed vpon
the Towne & paym' made thereof to whome its due And for
the future the Scout & Comissaryes for the tyme being
are to take Care that a Conuenient Quarts be provided for
the said officer at the Townes Charge or cause satisfaccon
to be giuen from tyme to tyme for the same where he shall
otherwise provide for himselfe Given und^ my hand at
Fort James in New Yorke This Seauenth of August 1668.
R. Nicolls.
To the Schout & Comissarys
at Esopus.
An Order for the bringing in of the
Claymes to the land at Esopus.
All mannr of persons who haue any Clayme or p'tence to
any lotts or lands at the New Durpe at Esopus or to any
rf]
Collateral and Illustrative Documents
243
oth^ land there adiacent And all oth"^ persons who came ouer
into these partes w**" the late Governed Cott Richard Nicolls
or to whome he hath promised land and haue now a mynde
to settle themselues the first are to bring in their Claimes or
p'^tences & the latt'' their names to the Secretaryes office in
the Forte by the Tenth day of this instant Month The
Gouerno'' intending to goe vp to Esopus the latt^ end of the
next weeke to settle matt""^ concerning the said new Durpe
& partes adiacent aforesaid & to cause lands to be laid out
thereby to such oth'^^' as haue had promisses for the same &
resolue to Hue & settle thereupon Dated at New Yorke
the 5*.'' day of Septem''.'' 1668.
By ord'^ of the Governor
Math: Nicolls.
O. W. L.
2:241
(NYSL)
1668
Sept. 5
[Matthias Nicolls to Philip Pietersen Schuyler.]
A Lre To M^ Phillip Pieters
M^ Phillip Pieters.
I am Comaunded by the Governor to acquaint yo" That
he intends (God willing) to be at Esopus vpon Wednesday
next come Senight w'^.'' will be the Three & Twentith day of
this Month where he expects yo" should meet him & bring
w'.^ yo" the Clayme or pretence of Goosen Gerritts Volchert
Jans or any oth- of Albany to the lands in the New Durpe
at Esopus He intends then to issue all differences & Contests
about those lands & to lay out anothr Towne To w"^*" end he
will take [blank] as surueyo^ w*** him I shall waite upon the
Governor thith^ I will bring w'^ me yo^ Lres of Denizacon
yo" Spoke to me for. This is all at p'^sent from
S^
Yo^ humble servant
[New York, Sept., 1668.] Math: Nicolls.
O. W. L.
2:239
(NYSL)
r 1668 1
L Sept. J
244 Province of New York ["x]
o. w. L. [Memorandum about Sale of Land by Indians.]
(NYSL)
1668
Sept. 23
Septembf 23^ 1668. At Esopus.
Memorandu That this day three of the Esopus Sachems
who had sould the great Tract of land there to Gov"?°' NicoUs
accompanyed w'? diuers oth^ Indians came to the Governor
& brought the Counterparte of the deed of Purchase desiring
to Continue Freindship w"^ was then Ratifyed.
O- W. L. A Lvcence Graunted to Matthew Blanchan
2 : 249
(NYSL) for 12 month to sell Liquors &c.
1668 Whereas It is Thought conuenient that some pson in this
Towne should haue liberty to sell Beere by retayle to supply
such of the Inhitants as may want small quantityes vpon
occasion as also for refreshment & accomodacon of Strangers,
& there being at p''sent no one who doth undertake the same
These p'"sents certify that I haue giuen liberty & lycence to
Matthew Blanchan to sell any sorte of Beere by Retayle in
this Towne for the space of Twelue moneths aft^ the date
hereof prouiding at least one sufficient lodging for strangers
& keeping good ord"^^^ in his house as by the lawes is required
Giuen und^ my hand at Esopus this 24}^ day of Septembf 1668.
[Francis Lovelace.]
O. w. L. Order for keeping y" Watch at y'' Guard at
(NYSL) Esopus.
To M- Berisford Comand^ of the
Souldiers at Esopus.
1668 For the furth^ Incouragem* of y^ setling the furthest
plantacon w'''' is to consist of most Souldiers I doe ord^ that
the Military Guard hitherto maintained by the Souldiers be
discharged of that duty & that the Townesmen of the Sopes
m
Collateral and Illustrative Documents
245
are to keep their watch w''.'' formerly was maintained by
them onely y^ Redoubt is to be maintained & kept by the
Souldiers und' M^ Berisfords Coinand who is required to see
it executed according to the true meaning of this my ord^
Fran: Louelace
EsoDus 25'^ Sept"^ 1668.
O. W. L.
2:250
(NYSL)
1668
Sept. 25
The names of those that Co*? Nicolls pmised ^^ T^o^
lands to at Esopus being now there. (NYSL)
Christofer Berisford Serg' ~
John Biggs [1668 '
Robert Bickerstaff
Thomas Quennill
Rich: Cage
Wh Fisher
Geo: Hall
John Henry^
Robt Peacock
John Pounds
Frederick Hussey
Antho: Addison
Henry Paulyn'
Thomas Skillman
Edward Whittaker
-Edw: French.
Thomas Mathews
Anthony Cooke
Those that are Crost finde
Samuell Oliver
themselues prouisions.*
Georg Porter
Edward Price^
"W- Houghton
Thomas Elger
Coppy of the Oath to be taken by the O- W- ^
Surveyor (NTfSL)
Yo" doe sweare by the Ever living God That w*''out feare I" 1668 "J
fauoT or any oth^ Sinist' respect whatsoeuer yo" shall to the
' Henry Pawling.
2 Also called Avert and Evert Price in other lists.
' The same as John Hendrick in other lists.
* They are not indicated by a cross in the record copy from which the above
transcript is made.
246
Province of New York
m
0. W. L. best of yo'' Skill & knowledg well & truely measure & lay
(NYSL) out such lands at or neare the Esopus as shall be appointed
yo" by the Governor & giue an exact account unto him of
L Sept. J the Superficiall Contents thereof So help yo^ God.
O. W. L.
2:252
(NYSL)
t668
Sept. 26
An Order for Cutting Pallisadoes
at Esopus.
These are to giue notice to all persons concerned in eith*^
of the New Dorpes or Villages lately laid out by my ordr
That euery such person do repaire or send some one in his
stead to their respectiue Dorpes or Villages duering this
ensueing winter to cut & provide their proporcons of Pallisa-
does against the next spring when each persons diuidend of
land belonging to his lott shall be sett forth for their setling
thereupon Hereof they are not to faile Giuen und^ my hand
at Esopus this 26'!^ day of SeptembT Anno DiTi 1668.
Fran: Louelace.
O. W. L.
2:253
(NYSL)
1668
Sept. 26
An ordr for the provision of Planks boards &c
for y^ settling the furthest New Dorp.
Whereas a Resolution is taken to settle the furthest
New Dorpe or Village w'.*' all Conuenient speed, & in the
first place it being requisite & necessary to make some place
of defence for the w"^ there will be occasion of Plankes &
oth^ materialls These are to authorize & empower yo"
Henry Pauling on the behalfe of yoT selfe & the rest that are
to settle there to take such Plankes boards & othr materialls
as yoV shall finde fitting for that purpose at the next Dorpe
from any Two of the watch houses or fower Flankers there
belonging to the Publique & being nearest at hand & to see
them imployed for the vse aforesaid In the perfourmance
rx»]
Collateral and Illustrative Documents
247
whereof the Schout & Comissaryes are desired to be aiding O. W. L.
& assisting to yo" in prouiding of such Carts & Horses as (NYSL)
may be requisite for their transporting to the said New Dorp
And for soe doeing this shall be to yoV a sufficient warrant Sept. 26
Given undr my hand at Esopus this zb'-"" day of Sept^"' 1668.
Fran: Louelace.
The Names of those persons that are willing O- W. L.
to take their diuidends of Lotts at the (NYSL)
furthest New Dorpe.
Wee who haue hereunto subscribed o^ names are willing
to take oT Diuidends of Lotts at the Furthest New Dorpe
or Village when the Governor shall please to giue ordr for
the laying them out unto us Dated at Esopus the zd'.*" day
of Septemb^ 1668.
Tho: Quynell
Robert Bickerstaffe
Jn° Biggs
Frederick Hussey
Henry Fading'
Anthony Cooke
Samuell Oliver
Edward Whittaker
Thorn: Mathews
Thom: Skillman
Cornelion Arson
Davey Crawford
Christofer Berisford
George Hall
The marke of
Robert Q Peacock
The marke of
Wh t?- Houghton
Avert 777 Price ^
Thomas Elger
George Tr Porter
Anthony Addison
Jn° Punye (P)^
W^ Fisher
Jn° Hendrick
Rich: Cage.
» Henry Pawling.
« Also called Evert and Edward Price in other lists.
= John Pound or Pounds in other lists.
1668
Sept. 26
248 Province of New York [^i]
O- W. L. An Answer To the Desires of the Inhabitants of
2:25s
(HYSL) the Esopus tendred to me 24*^ of Septembr
1668.
1668 I To the First concerning the Boundarves of the Dorp of
Esopus my answ^ & opinion is, that I conceiue the extremity
of their land as to a N. West lyne to be the utmost bounds on
that lyne And then a lyne drawne S. or S. & by East from
the Sopus Kill in a Straight lyne to the Redoubt Kill to be
the true boundearie of that Dorp on that side, & there to
beginne the lymitts of the next Towne.
2 To the Second concerning the Swamp lying und^ the
Towne my ord^ is that it remaine to the use of the Towne
of Sopus onely what my p'decesso^ Co" Nicolls has already
alotted to M^ Pauling w'^'all with this Provisoe that the
Towne in the next spring cause a sufficient Draine to be
made whereby the Valley may be made dry & Consequently
healthy otherwise I shall dispose thereof to such as I am
Confident will doe it.
3 For the Preachers Bowry w^*' is at the New Dorp it
being not w*4n their lymitts I conceiue it concernes them not
since I am resolued to make that a destinct ' Towne, &
to those that shall settle there it properly belongs to clayme
the right if any be though since it be forfeited to his Royall
Highn^?^ by an Escheate I see no reason why he should be
depriued of his right.
4. For the Quartering of the Souldiers & prouiding them
their prouisions I am willing (since it proues a burthen to
them) to ease them in that perticuler & shall take care to
send them prouisions at my arivall at N. Yorke till when I
thinke it reasonable that they prouide for them as formerly
5 Concerning the Constraining of Souldiers to pay their
' In the manuscript this word is inadvertently written " destinet."
px] Collateral and Illustrative Documents 249
iust debts I thinke it reasonable that they should do it O- W- ^•
•' 2:255
Prouided that the Officer that Comands them be first (NYSL)
acquainted w"* it before they be suirioned to the Bancke,
who will take care that in reasonable tyme satisfaccon shall Sept. 26
be giuen to the Creditor or else to be left open to y^ Law
equall w*^ the rest of the Inhitants, but w*''all I desire that
the Inhts will be carefull not to trust the Souldiers w'^'out
a probable power of their Repayment.
6 As to their last desire Concerning the House where Mr
Berisford Hues I refer them to y^ ord^ made by my p'^de-
cesso^ the late Govemo' bearing date the j'.*" day of August
1668.
[Francis Lovelace.]
Esopus Sept. 26'^
1668.
Instruccons To the Schout & the rest O- W. L.
2:257
of the Comissaryes at Esopus. (KYSL)
Yo" are w'^ conuenient speed to remoue y® Palisadoes & r 1668 "J
place them at the extremety of yo^ Towne where the new
addition is made & to open the Coming in of the Towne in
the middle of it as is design'd.
The place for buriall must be Impald as likewise the place
for a Towne house.
The Morasse that lyes und^ the Towne yo"? are to take care
that it be dray'nd whereby the place will not onely be
improued to be bett' but it will Contribute much to the health
of the place.
That according to the Agreemt made before me yo" goe
on w'.** the fence betweene yo" & yo^ neighbours on the oth^
syde That there may be no further occasion of difference
upon that Account.
250 Province of New York Px]
O. w. L. Yo" are to be uery Circumspect in obseruing the motions
(HYSL) & Intencons of the Indians especially those of the Wapingoes
^ who are now gone to ioyne w*.^ the Mohawkes against the
y Sept. J Mahicanders.
Yo" are upon all conuenient opertunityes to giue me an
account of the welfare & affaires of this place & if any thing
happens extraordinary to send an express.
Yo"? are to take care for the quartering y'^ Souldiers till
such tyme I can send them provisions w*"'" will be w'.** the
first oppertunity & likewise to Hue freindly & peaceably
w'.** them & to assist them in what conueniently yoV can
towards their planting the New Towne.
Fran: Louelace
*^2^'s8' '^^^ Souldiers Peticon at Esopus on y''
(NYSL) behalfe of their fellow Souldier Edw:
French. To the Right HonM* Francis
Louelace Esq'' Governor Gen^" und- his
Royall Highnesse of all his Territoryes in
America.
Sep^tf% The humble Peticon of all the Sould'?
und^ yo^ Hono"'-^ Comand at Esopus.
Sheweth
That they are uery sensible of yo^ Hono*? iust displeasure
against their fellow Souldier Edw: French for his late great
miscarriage agrauated by so many Circumstances
Yet since it hath pleased God that the mischeife of loosing
a mans life upon that occasion is in all probability out of
danger & we being well satisfied that o^ fellow souldier had
no malice in his heart but was more then ordinary surprised
w'.'' a distracted passion w'^?' moued him to forgett himself
& his duty.
Collateral and Illustrative Documents 251
We doe all unanimously most humbly O- y- ^•
pray that yo^ Hono^ out of yo^ abund' (NYSD
1668
goodnes & Clemency will be pleased at
this oT First & earnest request to passe Sept"°27
by & to pardon o^ Fellow Souldiers great
error & ofence, & we shall all promise &
engage o^selues for his future good
behauio^ as becomes an honest man & a
Souldier.
And we in duty shall euer
pray &c
Vpon this peticon y® Engagem* of the Sould''? y^ Gou''"°r
was pleased to release Edw: French & admitt him againe
to be a Souldier the morning he came away Sept ZJ^^ 1668.
M^ Henry Pauling appointed to lay out the O- W. L.
Lotts at the furthest Durp at Esopus. (NYSL)
Whereas I am informed that some of y^ Persons who haue 1668
leaue to settle at the furthest New Durp at Esopus, haue a
desire to goe there this winter, These are to authorize &
appoint yo" Henry Pauling w'.*^ the first Conueniency, to lay
out to such person[s] their respectiue house Lotts, in the place
aforesaid; for the doing whereof this shall be yo'^ warrant.
Giuen undT my hand at Fort James in New Yorke this 9'!^
day of Nouembr 1668 [Francis Lovelace.]
To M^ Henry Pauling.
An Order for six of the souldiers at Esopus to goe O. W. L.
to worke weekly at the furthest New Durpe. (nysl)
Whereas It is intended that the furthest New Dorp shall 1668
be setled w*!" all Conuenient speed; These are to require
252
Province of New York
Tf]
O. W. L.
2:279
(NYSL)
1668
Nov. 9
yo" vpon the Receipt hereof to appoint six of the Souldiers
undr yo'' Comand to goe each weeke to worke there, or to
send & to take prouisions along w"" them, who are to be
releiued the following weeke by six others Souldiers, & so
to take turnes successiuely weeke aftr weeke, untill further
order. Giuen under my hand at Fort James in New York
this 9*?" day of Nouemb^ 1668.
[Francis Lovelace.]
To M^ Christofer Berisford
at Esopus.
o. w. L.
2:287
(NYSL)
1668
Nov. 17
The Gouerno" Lre to the Officers and
Souldiers at Esopus.
Gentlemen
Hauing now paid yo" of these 6. months last past so y*
yo" cannot p''tend any obstructions to the setling the new
Plantacon I haue laid out for yo? in w*=^ I desire yo^ vigor-
ous endeauo^ that soe by that tyme I shall come up to yo"
^ch ^^th Qods permission) will be as soone as that weather
will ^mitt) I may see some fruites of yo^ Labour yo" may be
sure of all the Countenance & assistance I can afford yo"
& I shall expect nothing from yo" but a Civill Comportment,
I doubt not but by your vertuous endeauours & Gods blessing
on yor labour to giue a comfortable account of yo" to his
Royall Highnesse who (I know) will be uery well satisfied
w'!" your undertakings, & the benefitt & content will needs
redound to yo^ future felicity, w'^^ as no man wishes more
then my selfe so none shall promote it more then
YoT affectionate freind
F. Louelace.
Forte James in New York
the 17'^ of NovembT 1668.
For the Officers & Souldiers
at Esopus.
Tx] Collateral and Illustrative Documents 253
An Ord^ for the suspending; the O- W. L.
' ° 2:319
Sentence ag* Matthieu Blanchan (NYSL)
of Esopus.
Whereas Complaint hath heretofore beene made unto me 1668
by Matthieu Blanchan an Inhabitant of yor Towne That he ^'^' ^^
was hardly dealt w'^'all by yo" concerning a distresse taken
of one of his working Oxen w'^.'' he kept for the use of his Mill
upon account of a trespasse not seeming to be sufficiently
proued against him, wherein he sued for redresse: And there
being now againe likewise a fresh Complaint exhibited by
him against yo" That yo^ Court hath w**^ great seuerity
condemned him in a certaine surne of money to be paid as
a fyne as also w'.'' banishment for a yeare & oth^ circum-
stances in the sentence of that Court sett forth, vpon p'^tence
of Slanderous words giuen by him against one of yo^ Comis-
saryes from w"^"? sentence he hath appealed unto me: These
are to require yo" to suspend the putting yo^ sentence against
the said Blanchan in Execucon & that yo" do no way molest
or trouble him any further vpon that occasion but respite all
proceedings thereupon untill my comeing vp to the Esopus
in the Spring when I shall examyn into the meritts of the
whole matter & giue my Judgment and determination therein
according to Law & good Conscience Giuen und^ my hand
at ffort James in New Yorke the 31**? day of Decemb^ 1668.
[Francis Lovelace.]
To the Schout & Comissary
at Esopus.
The Governo^? Lett^ to y^ Magistrates at O. W. L.
2:337
Esopus. (NYSL)
Loving freinds.
M^ Pawling hath fully informed me of what hath past i^^^^'
betweene yo" & y^ Esopus Indians, as also of their proposalls
254
Province of New York
["i]
O. W. L.
2:337
(NYSL)
1668/9
Feb. 24
Joyned w*!' y^ South Indians & those of Nevisans to make a
firme peace w*!' y'' Maques & Synnekes, I do very well
approue of what yo" haue already done, & do thinke it
conuenient that their designe of peace should be encouraged
& promoted w*'' all speed To w*^.^ end you'l do well to send
some Christian w"' yo^ Indians (but at their Charge) to see
y^ same agreed & Concluded upon If yo" are not provided
better I thinke Christofer Davies may be a fitt person to
receiue instruccons from yo" therein & to be a witness of
what shall be done w'^^ when it shall be effected at his & y*^
Indians retorne back I shall expect an Account thereof
here when I shall be ready to Ratify & confirme what they
shall agree & Conclude upon tending to peace & Vnity I am.
Yo^ very Loving freind
Fort James in Fran: Louelace.
New York 24*!^ ffeb^
1668
0. W. L.
2:481
(NYSL)
1669
July 25
[Lovelace to Berrisford at Esopus]
M"- Berrisford
I haue received yo'' Letter of the 17*'' of July together with
William Fissher. I approue well of yo'' presecucon of yo''
Duty; But this I must informe you, that if a Stricter hand
had beene kept over the Sould"^^ wee Should not haiie had
Such frequent Comp^''' of them as dayly aprowch my Fares;
For besides fact of this ^ticular person; I cannot but take
notice to you of the great Comp*' of the Sould" often drunk-
enesse, debauchery, breaking windowes, quarrelling with
all, vindicating them Selues in their owne Causes, and Such
like exorbitances that (to Speake plainely) are becoming
more the nursery of New=Gate then persons who haue taken
on them a Settled and resolved hfe; Pray therefore lett these
things bee amended, and that I may haue no further Cause
[x'J Collateral and Illustrative Documents 255
to expostulate with you on y*^ like Subject, I am Sorry I could O. W. L.
not in person visitt you this Spring, but Send mee word if (NYSL)
any thing bee to bee done in point of laying out the Lotts
of their Feilds I will Send then the Surveyo'' and Comission''^ July 25
to effect it, however lett them goe on with their home lotts
according to the description I gaue to Pawling, Cofnend mee
kindly to all and beleeue mee to bee.
Tom Walton was on the point of Death and hee
bequeathed [blank] Stl to M'''^ Broadhead to whom comend
mee and tell her her Debt from Fissher is as Safe now as
before.
[Francis Lovelace.]
Fort James the 25**"
of July 1669
Instructions for Ralph Whitfeld Esq^, Capt John ^°'-J^f ^•
Manning, & the rest of y'' Commission'^ for zaigg
the Affaires at Esopus & the New Villages
adjacent. — '
I. Inprlmis — That after you have first publishd yo 1669
Commission (w''*' you are to doe with all convenient speed
after yo"' Arrivall) you doe send to y** Sachems of the Esopus
who sold their Land to my Predecessor Coll Nicolls to come
and acknowledge the Sale of the said Land before you, and
upon acknowledging thereof, & renewing of ffriendship, you
engage them to doe the like yearely at the same place for the
future.
2. That you acquaint y" Souldiers & all y^ Inhabitants in
Generall, that now being a time of peace, and Land being
' There are two record copies of these instructions, of which this one is the
fullest. They exhibit textual variations, and hence both are printed for
comparative collation.
Sept. II
256 Province of New York [x]
Col. MSS. allotted to every Souldier for his Subsistance, I have thought
22:99 fitt to reduce the Garryson, and to take that Charge off
his Royall Highnes the Duke.
Sept. n 3. That then you make Enquiry into y'' strength of y*
Place by takeing acco' of y" number of ffamilyes & persons
capable to beare Armes both at y^ Esopus & y^ two new
Villages, after w^*" you are to endeavour to finde out y^
best & most convenient way for maintaining a constant
Watch at y^ Redoubt.
4. That you make Enquiry how y^ Inhabitants of Esopus
have proceeded in following my Orders and Instructions
left them when I was there, and what is the Remora or reason
they have not proceeded therein.
5. To make enquiry after, & to view the Land coiiionly
calld the Wash-makers Land, and to endeavour to know y*^
p'^tences of Governour Stuijvesant, or any other person
thereupon, and upon what Acco' & consideracon they claime
it.
6. To make enquiry after, and to view a piece of Land
adjacent claymed or belonging to Thomas Hall lately
deceas"?
7. To enquire after y^ Lymitts & Bounds of Capt Thomas
Chambers, whether it be according to his Grants or Pattents,
and how much further it extends .''
8. To enquire how Capt Chambers is enclined to per-
forme his Vndertakeing last yeare, about erecting &
keeping y^ Storehouse at y'' Redoubt (of w"^*" you have the
Articles,) And if hee still declines to propose it to some
other Vndertaker.
9. That you make a speciall Injunction that noe Wheat
or other Graine be Transported and mingled with other,
without the Come be very well cleansed; That place haveing
already in part lost the Reputation they formerly had.
[^•] Collateral and Illustrative Documents 257
10. That you give Order, for the fFarmeing of the Excise ^^y'^Lf'
to the best advantage, and take Acco* how the last years 22:99
Income is disposed of. i66p
11. That you take Order that all psons who have any Sept. 11
p''tences to Lotts at the New Durps (w""*^ was burnt) doe
forthwith Settle there under y® penalty of some ffine or
forfeiture.
12. That when M"^^ Broadhead doe remove from the
Washmakers Land, you are to take care to make a very good
provision for her at the further Dorp, in regard of her great
charge, & her being a Commission Officers Widdow.
13. That you take into yo"" consideracon how the further
new Durp shall be Governed, as to Officers, and by what
Lawes.
14. That you appoint some Officers to order the Well
Laying out the High-wayes from one Village to another,
& keepping them passable.
15. That you enquire after & appoint fitt places of Rende-
vous, in case of Insurrection or Invasion, and how each
place may have recourse one to the other for Succour.
16. That you take some order for y^ reparacon of the
House next to M^ Beckmans, commonly calld the Domine's
or the State house.
17. That you take great care to regulate the Abuses of J
the Indyans and their Drunkennes at Esopus, & make enquiry -*
who transgresse in giveing them more Drink or Liquors then
is fitting or allowed off.
18. That you cause an Officer to be made in the nature
of a Constable amongst the Indyans to keep them in the better
Order.
19. That one or more Officers be appointed by you at
the further Durpe, to whom the Indyans thereabouts may
have recourse for Redresse upon occasion.
[17]
258 Province of New York [x ]
C°J- MSS. 20. That you take care & give yo"' best advice and direc
1669
99 tion for the continuance of the late made peace amongst
the Indyans; & if any breach shall happen, that you give
Sept. II order to make Enquiry into it, and where the fault lyes to
cause satisfaction to be given by them, to those Injured or
abused.
21. That you cause a Prohibition to be made that noe
Strangers be permitted to come amongst the Neighbour-
Indyans there, and disturb the public^ peace.
22. That you acquaint y^ Souldie", that as soon as their
Acco*^ can be Stated, to know what is due to them, their
Arreares shall be paid.
23. That you likewise take into yo'' consideracon how
some Rate may be impos'd upon the Inhabitants there,
according to the Lawes Establisht for the defraying their own
publiq^ Charge.
24. That you cause with convenient speed the Palisadoes
to be renewd, and place them at the extremity of the Towne,
where the New Addition is made, and to open the comeing
in of the Towne in the middle of it, as is designed.
25. That the place for Buryall be impal'd, as likewise
the place for a Towne-House.
26. That you take care that the Morasse that lyes under
the Towne be drayn'd; whereby the Place will not only be
Improovd to be better; But it will contribute much to the
health of the place.
27. That according to the Agreem* made before mee, you
see that they goe on with the fFence between them & their
Neighbours on the other side. That there may be noe further
occasion of difference upon that Accompt.
28. And Lastly that haveing done your utmost in prose-
cuting my Commission, and following these my Instructions,
that you break off, and repayre to yo"" respective Employ-
^i] Collateral and Illustrative Documents 259
ments and Occasions. — Given under my Hand at Fort ^?hY^^^'
James in New Yorke this 11'^ day of September. 1669. 22:99
Francis Lovelace 1669
Sept. II
Instructions for Ralph Whitfeild EsqT Capt? O. W. L.
Jn? Manning & y^ rest of y^ Com'^^' for y' (HYSL)
AfFayres at y" Esopus & y" newe villages
adjacent.
Inprimis. That aft"^ yo" haue first pubHs'ht yo'' Coin°" ^^^
w"'' yo? are to doe w*!" all Convenient speed aft^ yoT arivall, Sept. 11
yo" doe send to y" Sachems of y^ Esopus who sould their
Land to my p''decesso^ Co" NicoUs to come & acknowleg y^
sale of y® said Land before yo? & upon acknowledgm' thereof
renewing of fFreindship yo? Engage them to doe y^ like
yearely at y^ same place for y" future.
That yo? Acquaint y® Souldiers & all y" Inhtants in Gen''"
that now being a Tyme of peace & lands being alotted to
euery Souldier for his subsistance I haue thought fitt to reduce
y^ Garrison & to take that Charge of from his Royal Highness
y^ Duke.
That then yo? make inquiry into y*" strength of y® place
by taking Account of y® numb"^ of ffamilyes & psons Capable
to beare Armes both at y" Esopus & y® Two neare villages
aff w^^ yo? are to endeauour to fynde out y*^ best & most
Conuenient way for maintaining a Constant watch at y"
Redoubt.
That yo? make inquiry how y® Inhabitants of Esopus
haue proceeded in following my Ord"^? & Instructions left
w*^ them when I was there & what is y*" Remora or reason
why they haue not proceeded therein.
To make inquiry aft^ & to view y" Land comonly called
Washmakers Land & to endeavour to know y"^ p''tences of
26o Province of New York [^x]
O. W. L. Gouerno^ Stuyvesant or any othT pson thereupon & upon
(NYSL) what Account & consideration they clayme it.
To make Enquiry aft^ & to view a peice of Land adjacent
Sept. II Claymed or belonging to Thomas Hall lately deceased.
To Enquire aft^ y^ Lymitts & bounds of Capt" Thomas
Chambers his Land wheth^ it be According to his Graunts
or Pattents & how much furthr it extends.
To Enquire how Capt" Thomas Chambers is encly'nd
to perfourme his undertaking y^ last yeare about Erecting
& keeping y® Store house (at y® Redoubt of w''.'^ yo" haue
y" Articles) & if he still declynes it to propose it to some other
undertaker.
That yo"? make a Speciall Injunction that noe wheate or
oth^ Grayne be transported & mingled w'J^ oth- w'^'out y^
Corne be very well Cleansed that place haueing already in
parte lost y'= good reputation they formerly had.
That yo" giue Ord^ for y® farming of y® Excise to y'= best
aduantage, & take Account how y^ last yeares Income is
disposed of.
That yo" take Ord^ that all psons who haue any Pretences
to Lotts at y® New Dorpe (w"^"^ was burnt) doe forthw'^
settle there und^ y^ penalty of some fyne or forfeiture.
That if M" Broadhead doe remoue from y® Washmakers
land yo" take Care to make a very good prouision for her at
y'' furth^ Dorpe in regard of her great Charge & her being a
Com™ Offic"? widdow.
That yo" take it into yo^ Consid'^ation how y" furth^
new Dorp shall be Gouerned as to Officers & by what
Lawes.
That yo*? appoint some Officers to ord^ y® well laying out
y* High wayes from one Village to an othT & keeping them
passable.
That yo" inquire aft^ & appoint fitt places of Rendevous
[^i] Collateral and Illustrative Documents 261
in Case of Insurrections or Invasions & how each place may ^- ^- ^*
' ■' 2 : 530
haue Recourse one to y^ oth^ for succour. (NYSL)
That yo" take some Ord^ for y^ Reperation of y'= house ^
next to M^ Beeckmans comonly called y'= Dominies or y" Sept. 11
State house.
That yo" take greate Care to regulate y^ abuses of y^
Indians & their drunkenesse at Esopus & make inquiry who
transgresse in giving them more drinke or Liquors then is
fitting or allowed of.
That yo" Cause an Officer to be made in y® Nature of
a Constable amongst y^ Indians to keep them in y®
bett^ Ord^
That one or more Officers be appointed by yo" at y"
furth^ Dorpe, to whome y" Indians thereabout may have
recourse for redresse upon Occasion.
That yo" take Care & giue yoT best advice & direction
for y" Continuance of y^ Late made peace amongst y*
Indians, & if any breach shall happen that yo" giue
OrdT to make inquiry into it & where y* fault lyes to
cause satisfaction to be giuen by them to those injured or
abused.
That yo" Cause a prohibition to be made that no Strangers
be pmitted to come amongst y^ neighbour Indians there &
disturbe y'= pubUque peace.
That yo" Acquaint y^ Souldiers that as soone as their
Accounts can be stated to know what is due to them their
Arrears shall all be paid off.
That yo" likewise take into yo^ Consideration how some
rate may be Imposed upon y*^ Inhabitants there According
to y"" Lawes Establis'ht for y** defraying their owne publique
Charge.
And Lastly that hauing done yoT utmost in psecuting my
Com°? & following theise my Instructions that yo" breake
262
Province of New York
m
O. W. L. of & repaire to yo!^ respectiue Employm*? & Occasions,
(NYSL) Giuen undr my hand at fFort James in New Yorke this 11'.''
1669
Sept. II
day of Septemb^ 1669.
[Francis Lovelace.]
2 ■ 535 '^^^ Gouerno'? Coiiiission to seuerall psons for y" regulation
(NYSL) of y" Affaires at Esopus &c
Francis Loulace EsqT Gouerno"^ Gen''!' und- his Royall
Highn^.^ James Duke of Yorke & Albany &c of all
his Territoryes in America, To all to whome theise
p''sents shall come sendeth greeting.
1669
Sept. I]
Whereas there are seuerall affaires at Esopus & y^ New
Dorpes or Villages adjacent w*^."* require a regulation by some
psons of Integrity & Expience to be upon y^ place & there
lying likewise before me some Complaints of irreguler pro-
ceedings in y^ Co'? there w^'' ought to be Examined & recti-
fyed, For y® better managing y* said affaires & to put an end
to any such differences, I haue thought fitt to nominate
constitute & appoint & by this my speciall Comission doe
nominate Constitute & appoint yo" Ralph Whitfeild Esq^
Capt° Jn? Manning Capt" Thomas Chambers M^ William
Beckman, M"^ Christopher Berisford & M^ Henry Pawling
to be Com"^? to Examyn into & to regulate y'' affaires there
according to such instructions as I shall he^ew'^ giue yo"
of w'^.'* said Com*^." yo" Ralph Whitfeild are to be p'^sident, &
any foure of yo" shall be a Quorum, yo" are upon your arivall
there to make y^ Inhabitants in Generall acquainted w*.*"
this my Comission, & if there shall happen to be any
difference betweene any of them w'^!' may be of a nature
aboue y"^ ordinary cognizance of y^ Schout & Comissaryes
yo" are hereby impowred to heare & determyn y^ same, or
Collateral and Illustrative Documents 263
what euer else of the like nature shall occurre besides what 0. W. L.
2: 535
pticulerly is given yo" in charge in yor instructions And as (mfSL)
yoV shall see cause yo" may call before yo" any pson or psons
& for y'= clearing of y^ truth administer an Oath unto them sept. 11
(je yfCh ypu ^j.g hereby impowred to giue) & whatsoeuer yo"
or so many of yo" as shall make a Quoru shall lawfully Acte
or doe in y^ prosecution of this my speciall Comission this
shall be to yo" & euery of yo" a sufficient warrant Given
und^ my hand & seale at ffort James in New Yorke this ii*^
day of September in y'^ 2I*^ yeare of his Ma*'?'' Raigne Annoc]^
Din 1669. [Francis Lovelace.]
[Proceedings of the Special Court of Commissioners for ^,°i"J^ff'
regulating Affairs at Esopus, etc.] 22:99
.^sopus. Sept. I7'^ 1669.
At a Speciall Court held there by vertue of a Commission 1669
from his Hon'' the Governour to Regulate the Affayres of that
place and the Villages adjacent.
All the Com"'"'^ being then present, the Sachems were
sent for to attend them &c:
They likewise gave Notice to the Souldiery of that place
to appeare the next day at 2 of the Clock in the Afternoon.
The Com"^ then adjourn'd till y° next day at eight of y^
Clock in y® fforenoone, and went to view the Villages, and
nam'd the further Village Marbeton [sic] according to his
Hon*^^ directions.
Three places of Rendevouz were appointed for Safegard
of the Villages, viz* the first in y® middle of Marbleton,
the second at Halfe way ground, the third in Hurley, which
is the Village next to Esopus, and then soe nam'd by
them.
264 Province of New York ["x 1
Col.MSS. Septem: 18^''
22:99
Present all y"^ Com". John Joesten petitioned about the
Sept. 17-29 exchange of a Lott, it lyeing not properly before us it was
thrown out.
Ander Cooley producd before them y^ Geii"? Speciall
Warrant, and desir'd a continuance of the Attachment, the
Court acquiest in that, and dismissd him.
Matthias Blanchan peticoned for a Lott of Land according
to his Patent.
Garrett Fokar peticoned for a certaine Lott promisd
(as hee alleadged) by the late Governour, and his Honor the
present Governour.
Both were referrd to Munday at 2 of the Clock in the
Afternoone. since wee are inform'd M'' Nicolls hath Order
to draw it up.
The Com" then drew up this Order w'^'^ was immediately
publishd, and after affixd to the Doore of the Towne House,
as followeth.
Whereas the Com" appointed by his Hono"" y^ Governo'" to
regulate & settle y^ afFayres of Sopus and y'' Villages adjacent,
have heard of severall p^'tences or Titles to y® Washmakers
Land; and the Villages adjacent made by severall persons,
and the Lands p''tended to by Thomas Hall lately deceased,
They have thought fitt for the clearing and determining of
all Claymes concerning those places to warn all persons to
bring in their Patents or p'tences to the places aforemen-
coned, and doe hereby strictly Enjoyne all persons to bring
in their Patents or Pretences on Munday next, about 2 of
the Clock in the Afternoone to them who shall be then
sitting at the Towne-House at Sopez, Then & there to
receive a Conclusion and Judgm' of their severall Titles
& p'^tences as may be most satisfactory to the said severall
["x] Collateral and Illustrative Documents 265
Pretenders. Given under my hand at Sopez this iS'*' of ^?hJ^f^'
September — 22:99
Ralph Whitfeld ' Pres^
•^ 1069
Resolved then that y*^ Watch at y^ Redoubt should be
maintaind by y" Towne of Sopez only; The Villages haveing
enough to doe to defend themselves.
^ Septem: 20''' —
A Speciall Ord'' from his Hon"^ Dated Septemb"^ y" last,
and directed to y*" Scout and Commissary cs there w^as read;
And the Towne was ffyned ffifty Skepple of Wheate, for not
performing one Particular there; viz' ffor not impaleing the
Buriall place; The rest of the Injunctions of the Scoute is
to give further Answer to.
It was agreed to make an Ord'' to p'"vent the making of
y^ Indyans drunk, for the first Offence five pound to be paid
by y^ Offender, for the second ten pound, for the third
Banishm'.
A Peticon was then deliverd by Cornells Barnsen Slecht
concerning a Grant of Land the Busines was orderd to be
heard the day following.
Albert Heymensen peticond to sett up a Brewhouse and
Tan-ffatts in Hurley.
It was orderd y' y^ Scout & Cofnissaryes should take care
that two Men should constantly watch at the Redoubt.
A List of y^ Men able to beare Armes at Sopez was then
brought in, with y^ number of the ffamilyes there, but noe
Acco' then given of the two Villages.
The Court examining all y® Patents, w'^'^ were then brought
in (excepting only M"^ Stuyvesants, Peter Schijler & Thomas
' So written in the mannscript and not autographic.
266 Province of New York ^i]
^(NY^Lf' ^^'0 ^"d finde in them nothing nam'd concerning' the 2'^
22: 99 Styck or peece, either by Dutch Patent or English,
^^g Complaint was made by an Indyan that Tijerk Claes had
Sept. 17-29 employd & not paid him; the Court made him make satis-
faction, and ffyned Tork Claes.
Septem: 21'*' —
Capt Chambers produc'd severall Patents for Land and
House-Lotts
The first for — 38 Morg" & — 451 rod
The second for — 5 Morg: & — 230.r
The third for — 26 Morg: & — 52. r.
The fourth for — 45 Rod & ffoure fFott, being
A Home Lott.
The fifth Patent had ^ The first — 440 rodd
foure Grants in one I The second — 160 rodd
The third — 504 rodd
The fourth — 128 rodd.
The 6"" Patent 4. Morgan and a halfe.
The Busines between Cornelis Barnsen Slecht & Hen-
dricks Children was orderd to be determined on y" 22"'
Instant.
Orderd that the Excise should be ofFerd to ffarme on y*
22*'' instant at 4 of the Clock in y'^ Afternoon.
Then orderd that Rofet Gouldsberry should have 12
Acres on Land in Marbleton.
Capt Chambers refusd to meddle with the building of a
Storehouse at the Redoubt, it was then offerd to others
but noe Man would undertake it.
[^l] Collateral and Illustrative Documents 267
Matthias Blanchan appeard in y^ Afternoon to make good ^."^Jy^L?'
his Peticon against Tierck Claus de Wijt; upon a full heare- 22: 99
ing his Banishment was repeald, and his ffyne of six hundred j^^^
Guilders reduc'd to two, w"^*" was to be paid to the Scout. Sept. 17-29
Septem: az^"" —
The Instructions being then read over againe every Par-
ticular was debated; and y" Resolution of them will appeare
in the Answer to y'' Instructions at large.
Blanchan complaind against a Sould''; It was referrd to
Capt Manning, M": Beakman, & M' Berrisford to heare,
determine, & then Report.
The Scout & Comissaryes desyred Time to consider of
the Watch at y*" Redoubt, and to Answer the Instructions
formerly directed to them from his Honour, and were to
bring in their Answer on Thursday.
Septem: 23''' —
M"^ Pawling was Voted to be y^ Officer to whom y^ Indyans
should repaire for Redress of Injuryes in Kingston, Hurley,
& Marbleton, and that hee take Care, noe Stranger Indyans
come among them.
M'' Bereford [sic] chosen chief Magistrate of Marbleton &
Hurley to bee above a High-Constable & short of a Justice
of peace, & two Overseers in each Towne to be chosen.
That hee have power to hear & determine concerning the
High-Wayes, the Overseers to give him an Acco'.
That M'' Chambers have an Acco' from y^ Scout & Com-
missaryes of Kingston of the High-wayes belonging to that
place, and have the same power to heare and determine.
268 Province of New York \^i]
Col- MSS. Xhe Towne to be ffined if the Morass be not drayned by y*"
22:99 last of November, one hundred Skepples of Wheat.
John Reynolds of Marbleton desired a quantity of Ground
Sept. 17-29 there, alledging his Hon"^^ promise for more then a Lott.
The Scout & Cofnissaryes then gave an Acco* of certain
Instructions formerly sent to them; viz' That to the Motions
of the Indyans they vpill be watchfull over them, and vv^ill
upon any Occasion give notice to the Governour;
That they will new Tyle the Towne House where wanting.
The Coiriissaryes & Scout will provide an Officer to
Cleanse the Come and measure it.
The Watch at the Redoubt to be kept by two Men,
appointed by them; And the Scout & Cofnissaryes are to take
care to keep it in repayre at the Charges of Kingston.
The Business between Barens Slecht & Hendricks Children
was heard & adjudged for Hendricks.
M'' Pawling peti coned the Commission''^ to discharge him
under their hands from certaine Injunctions his Hon"^ formerly
laid upon him; They answered They would make his Hono''
acquainted with it.
These Orders following were then drawn
up and afterwards publishd, and affixt
to the Doore of the Towne-House.
An Ord' that noe Wheat or other
Graine be Transported or mingled
with other, without the Come be
very well cleansed.
Whereas y^ Com"^^ appointed by his Hon'' the Governour
to Regulate & settle y* Affaires of Kingston & the Villages
adjacent have had certaine Informacon that all sorts of
Graine growing here, and being the proper product of Kings-
ff] Collateral and Illustrative Documents 269
ton & the Villages adiacent have not been well cleansed, & ^pJl- JJ^?*
1111 1- (NYSL)
soe become less merchentable to the great disrepute & pre- 22:99
judice of the place; To p'vent w'^'' Inconvenience for the ^^^^
future; They have thought fitt to Order, and doe hereby Sept. 17-29
strictly Order & enjoyne that noe person doe utter or sell
any Graine whatsoever to be transported from Kingston,
Hurley & Marbleton but such as shall be well cleansed and
unmingled upon paine of forfeiture for any such negligence
or default one full quarter part of such Graine soe utterd
or sould contrary to this Order, one third parte soe forfeited
to goe to our Soveraigne Lord the King, one third part to
the Informer, & the other third part to the Scout & Comis-
saryes then being (who have hereby power to name the
Officer for this purpose) to goe towards the charges of keeping
the Watch at the Redoubt; And that it shall be lawfull for
the Informer to seize & detaine in possession such graine
untill upon complaint made to y^ Scout & Commis':^'^^ or
any two of them, the matter in question be Determined;
Which they are to doe with all speed convenient according
to the Tenure of this Order. Given &c: 23'' Septem: 1669.
An Ord'' for y" Draining y" Swampish
or Morasse Ground adjoyning to
the Towne of Kingston.
Whereas his Hon"" y^ Governo*^ had formerly sent Instruc-
tions to the Scout and Comissaryes of Esopus now called
Kingston about severall Things relateing to that place; and
hath since Coinissioned severall ^sons to Regulate & settle
y" Affaires there, who among other particulars in thier
Instructions are obliged to enquire after the performance of
what was formerly given in Charge, to the said Scout and
Coiriissaryes, & findeing one Article belonging to the Pub-
270 Province of New York ["x]
^^^^^- lique Good as yett unperform'd, viz*, the Draining the
22:99 Swampish or Morasse Ground lyeing & adjoyning to the
said Towne, The ComT=^ in pursuance of those Instructions
1669 '^
Sept. 17-29 have thought fitt to hasten the performance of it. And doe
hereby strictly charge the Scout & Comissaryes (in regard
it v^^ould very much conduce to the health of the place, &
the Improvem' of soe much ground which is rendred at
p''sent almost useless) to Draine the said Swampish or
Morasse ground by the last day of November next ensueing,
upon paine of forfeiture of one hundred Skepples of Wheat
to his Ma'^, according to the Vote and Sentence of the Court
this day held by the said Commissioners to be Levyed on
the said Towne of Kingston. Given &c: this 23*^ of Septem:
1669.
An Ord"" for y'' Repayre of the
Domine's House or Towne-
House in Kingston.
Whereas the CoiS''^'^ appointed by his Hon' the Gover-
nour to Regulate & settle y" affaires of Kingston & the
Villages adjacent have among other Instructions one con-
cerning the Reparacon of the Domine's House or Towne-
House in Kingston w'^'^ now growes ruinous, to prevent
further damage, it being of absolute Necessity to keep that
House in good repaire in regard of the frequent use of it
both for Religious Dutyes and Civill Affayres, It is thought
fitt to give Order in that behalfe. And the Scout & Corriis-
saryes of this Towne are hereby strictly enjoyned to repaire
y"^ said House as soon as they can gett Pan-Tiles to doe it,
and other Materialls thereto requisite; Which Reparation
(it being for the publique Good) ought to be performd at
the publique Charge; And which they are hereby empowered
[x"! Collateral and Illustrative Documents 271
to demand and Levy in this Towne of Kingston, And that ^PiJ^Lf
they doe give an Acco' to his Honor the Governour of the 22 : 99
performance of this Order as soon as it shall bee by them ^gg
Obeyd. Given &c: this 23'' of Septemb^ 1669. Sept. 17-29
An Ord"^ to p^'vent Drunkenness
among the Indyans.
Whereas the Cofn"^''^ appointed by his Hon"^ the Governour
to Regulate and settle the Affaires of Kingston & y^ Villages
adjacent have been inform'd that severall persons Inhabi-
tants of Kingston have for their private Lucre & Gaine Sold
to the Indyans thereunto resorting great quantityes of Strong
Liquors v^^hervpith They have been frequently drunk to the
great dishonour of Christian Religion, and the breach of
the Lav^es of this place; They have thought fitt in order to
prevent all Excess and Deboishery in that kinde for the
future, strictly to Enjoyne, And they doe hereby strictly
enjoyne all persons not to utter or sell to any Indyan or
Indyans such quantityes as shall make them drunk upon
the Penaltyes following, viz' fFor the first Offence the
person soe selling is to pay ffive pounds, for the second
Offence Ten pounds, and for the third Offence to suffer
Banishm' out of this Towne; Which Summe or Summes the
Scout is hereby Empowered to Levy by way of Seizure or
Distress of any such Offenders Goods; Two parts of which
said penaltyes or fforfeitures are to goe to the Reliefe of the
poore of this place, and the third part to the Scout. Given
&c: this 23^^ of Septem: 1669.
The like Order as drawn up for Hurley & Marbleton,
Mutatis mutandis.
272 Province of New York fx]
COjl^MSS. Septem:24'.'' —
22: 99
An Order for the laying out &
1669 keeping passable the High-Wayes
& Coirion Roads in Kingston,
Hurley & Marbleton.
Whereas the Corn"^'^ now appointed by his Hono*^ the
Governo'' to Regulate & settle y^ Affaires of Kingston,
Hurley, & Marbleton are obliged by a particular Article in
their Instructions to take care that y^ High-wayes & Common
Roads belonging to those three Townes be conveniently layd
out and constantly kept passable, They have thought fitt to
Order & doe hereby Order that the High wayes and Common
Roads belonging to Kingston be kept passable by y" Scout
& Coinissaryes belonging to Kingston, who have hereby
power to Command every person (whom they shall adjudge
lyable) to attend their Orders in the mending of the High-
wayes & Common Roads, and to ffyne such as shall neglect
or refuse to obey their Summons according to such Contempt;
And if the Scout or Coiriissaryes shall neglect their Duty
herein of supervising or ffineing Offend"^ where just cause
is. That then Capt Thomas Chambers who is hereby made
& constituted Surveyour Generall of the High-wayes or
Common Roads for the three abovemenconed Townes or
Villages, shall have & hereby hath power to ffyne the Scout
& Comissaryes or any such of them as shall omitt his Duty
therein; As before expressed 20 Skepple of wheat to be paid
to our Soveraigne Lord the King; w"^** power as Surveyo""
Generall hee is to exercise within twenty one dayes after
the Date of this Order in Kingston; And whereas M*^ Chris-
topher Berrisford is chosen Chiefe Magistrate for the Townes
of Hurley & Marbleton, hee is hereby empowered to Command
the Overseers in each Towne to take the like care for the
Tx] Collateral and Illustrative Documents 273
mending & repaireing of the High-wayes in those two last Col. MSS.
men coned Townes; & to ffine all Overseers of both places 22:99
or any of them as shall neglect their Duty in 20 Skepple of
Wheat to be paid to his Ma*'^, and hath hereby power to Sept. 17-29
Levy the same; And if the said Christopher Berisford shall
refuse any part of his Duty herein, That then y^ said Sur-
veyour Generall of the Highwayes shall have power to ffine
him 20 Skepple of Wheat to his Ma"'', and to Levy it for
the use aforesaid; which power in both the said Thomas
Chambers & Christopher Berrisford shall begin within 21
dayes after the Date hereof in Hurley, and 21 dayes after
the laying out of the Lotts in Marbleton. Given &c: this
23 Sept: 1669.
An Ord"^ for the settling
of Hurley.
Whereas severall persons by vertue of former Ground-
Briefs or Patents claime Lotts or proportions of Land in
Hurley, & have neglected their Settlements there, alledging
frivolous reasons for their soe doeing, to the public^ preju-
dice; It is thought fitt by y° CommissT^ now authorized by
his Hono"" the Governour to Regulate & settle The afFayres
of that Towne & y^ places adjacent, to Declare & Order;
And they doe by this Declare & Order that every person
haveing a Ground-Briefe or Patent to any Lott or proportion
of Ground doe settle their said proportion by the first of
Aprill next ensueing the Date hereof; And if any person soe
claimeing shall refuse to Settle his Lott or proportion accord-
ing to y'' Tenor of this Order, That then such Lott or pro-
portion shall immediately become forfeit to his Ma*"', and
to be dispos'd of as his Hono'' y^ Governour shall think fitt,
and withall to pay Twenty pound as a ffine to his Ma'^, w'^''
y® chiefe Magistrate of this Towne is empowered to Clayme
[18]
274 Province of New York Px]
Co'-^ss. gj Levy to the use abovesaid. Given &c: Sept: 24"?
22:99 1669.
,, There appeared some Indyans though none of y^ Sachems
Sept. 17-29 that sett their hands to the Sale of y" Land to Colt NicoUs;
two of the Sachems to that Sale & one of y^ Witnesses are
dead. It is left to M'' Pawling to Summon them, and to
endeavour y" performance of that Article.
It was orderd y' y^ Scout should bring in the Charges as
it stands in the Towne Book, that Barents Slecht may be
paid againe by Hendricks Children.
Blanchan to have an Order for his 1500 Sheafs of Reed
burnt by y^ Souldiers to oblige them to make him satisfaction.
Katherine y" wife of John Jonson complaind of her Hus-
bands beating of her; Hee & his two Suretyes enterd into
recognizance of Ten pound a piece that hee should keep
the peace. The Bond is in M"^ Beakmans hands.
Septem'?'' 25**" —
Blanchans Ord"' was then drawn up & directed to M*
Berrisford.
Barens Slecht's Ord'' was then drawn up.
An Order was then drawn up for the keeping the Watch
at the Redoubt, & repaireing it.
Instructions were then drawn up for M"^ Berisford chiefe
Magistrate of Hurley & Marbleton.
Instructions were drawn up for M"' Pawling Officer over
the Indyans.
The Ord'' for the Redoubt —
Whereas y^ Com'"""'' now empowered by his Hon"" y®
Governo'' to Regulate y'^ Affayres of Esopus now called
Px] Collateral and Illustrative Documents 275
Kingston & the Villages adjacent have taken into consider- ''/w'J^Lf'
ation the Keeping of a Constant Watch at the Redoubt at 22:99
the Charge of the parrish of Kingston, obHgeing them to ^^^
finde two Men to remaine constantly there upon this Duty; Sept. 17-29
They have thought fitt to Order, and doe hereby Order y'
y'' Scout & Comissa''^'^ of Kingston doe take constant care
for the Reliefe of that Watch : and whereas the said Redoubt
is very ruinous, they are hereby enjoynd to repaire well and
sufficiently the said Redoubt within six weeks after the Date
hereof, upon paine of forfeiture of twenty skepple of Wheat
to our Soveraigne Lord the King; And soe constantly to
keep it in good repayre. Given &c: this 25"" of Septem:
1669.
On this day (viz' 25"') the Towne formerly calld Sopez
was named Kingston.
Septem: 27**'. —
Complaint was made by Peiter VIesen about a House now
in y'' possession of Sam: Olliver &c: It was Orderd upon y*^
hearing of that Complaint that the Scout should deliver
possession thereof to the said VIesen &c:
An Order was then drawn up for Tijerk Claesen to make
satisfaction to y" Indyan hee employed &c:
Two Orders were then drawn up for settling the Excise in
the two New Villages, viz' for Hurley.
Whereas it is thought fitt to Settle y"" Tapp''.'' Excise in
Hurley, it is hereby Orderd that M'' Beresford doe take care
for the settling & gathering of it in the said Towne of Hurley:
And that hee observe to sett the same Rates, and use the
same course in gathering it; and have the same power in
276 Province of New York ["/j
''(ifYSLf' ^^^T regard upon refusall of paym' to Seize or distreyne as
22:99 is usd at Kingston; And is hereby obligd every yeare to give
,, an Acco' thereof to his Hono"^ the Governour.
1669
Sept, 17-29 Directed to M'' Berrisford.
The Like for Marbleton.
These 3 Lotts following are vacant by y'^ death of y'' psons
to whom they were promisd, and are to be disposd of as
his Hon"' y^ Governour shall appoint. — viz'.
Constaples. Jan Joosts. David Crawfords.
I. 2. 3.
An Ord"" was drawn up for Albert Heymensen's erecting
of a Brew-House & setting up of Tan-ffatts; referrd to M"
Beresford to consider of the place.
Overseers for Hurley
Overseers for Marbleton
] Lewis de Boys
) Albert Heymens
I John Biggs
j Fredrick Hussey.
Ankrup an Indyan peticond against Capt Chambers
p''tending bee was not paid for certaine Lotts of Lands.
It was referrd to y" next Morning. —
SeptemT zS^^ —
Ankrup the Indyan appearing, Capt Chambers produc'd
the Bill of Sale, & y^ Indyan then ownd his marke, & full
[^i] Collateral and Illustrative Documents 277
satisfaction for the Land; the Com"''" then caused that ^^"'a^g^'
Acknowledgm' to be Endorsd on the Bill of Sale; And they (NYSL)
took care that unjust Complaints from y= Indyans in that ^^,
nature should be punished. Sept. 17-29
Septem: 29*^ —
An Ord"^ for the Officer to measure Come
was then made as foUoweth — viz*
Whereas 'twas thought necessary by y" Coni"^''^ &c: that
an Officer should be chosen to supervise & measure all sorts
of Come & Graine that shall be Transported from Marbeton,
Hurley and Kingston to other parts; To y" End that none
but what is merchantable may be utterd or sold; It is
hereby orderd that y^ Scout & Comissa''y''^ of Kingston shall
Elect & choose a person whom they shall judge Most fitt for
y^ Execution of that place; And they are hereby empowered
to Charge every person soe uttering or selling any Corne or
graine with the paym' of one Styver upon the Skepple then
to y'' said Officer, when any such Corne or Graine shall be
brought to be viewd or measur'd, by the Owner or bringer
of y'^ same to the said Officer; Who is hereby commanded to
suffer noe Transportacons to be made of any such Corne or
graine, but what is truely merchantable. And that the
Scout and Commissaryes or any two of them be made
Judges of any default or Complaint; or have power to
punish where any cause is in any thing men coned in this
Order both to the Officer soe chosen, or any person that
transports such Corne or Graine. Given at Kingston.
Septem: 29"" 1669.
This Morning the Court was Dissolvd.
278 Province of New York \^i]
Col. MSS. [Report of the Commissioners to Governor Lovelace.l
22 : 99 ■• r J
(NYSL)
September ^i^ Hono*^ Instructions annexed
The Answer of y° Com"^'^^ to
his Hono*^ Instructions annexed
to the Commission, as foUoweth.
1. On Thursday y^ 16*'' of this Instant the Coin"'? arrived
at Kingston. In the Evening meetting w"' Capt Chambers
& M"' Beakman joynd Hkev^ise in Commission with them,
'twas privatly read. The next Morning being y® ij***
Instant a Court being calld y^ Commission was pubHquely
read, all y'^ Coiri"'^'^ being present (& were constantly soe dure-
ing the setting of the said Commission) and the Inhabit-
ants were fully informed of the cause of their Comeing; and
how great a care of his Hono'' y*^ Governour had for their
prosperity and welfare, not only in remedying some former
irregular Proceedings there, and composeing the private dif-
ferences of unfriendly persons, but by takeing the best way
for setling y^ 2 new Townes, and endeavouring to render
them as flourishing as y^ place could make them, which was
soe pleasing to the Inhabitants that they espressd that
acknowledgm' which was due to soe excellent a person.
The Sachems being then sent for, a few dayes after
appeared Waposhequiqua, and Sewakanomae two of those
Sachems that sould the Land to y*" late Governou'' NiccoUs,
who ownd their marks with y^ whole agreem*; An Indyan
who came with them sett his hand to the paper, & they were
then obliged to bring two young Men to wittness what they
own, the other two Sachems mencond in that Agreem' are
dead, but these Sachems that appeard obligd themselves to
bring y^ Successo" of those deceased to M' Pawling, to
whom it is referred to give full answer to y® rest of this
Article.
2. This they were acquainted with, & they are willing
[^•] Collateral and Illustrative Documents 279
to turne the Sword into a Plow sheare, Only in regard their Col. MSS.
-' . ° 22: 99
Lotts are not measured out to them yett, & the Httle ground (NYSL)
they manure at present, bringing in a poore Revennew,
Hkely to discourage new Beginners, it is humbly desird y* September
their Provisions may be continued six months longer.
3. They have a List of the fFamilyes of the three Townes,
w"' y^ number of them that are able to beare Armes.
ffor the maintaining the Watch at the Redoubt it is imposd
wholly upon Kingston, the other Towns being exposd to
more danger from y^ Indyans, and in that regard may very
well be excusd from that Duty, the Scout & Coiriissaryes are
to take that Charge upon them, and an Order is drawn up
for it.
4. The former Instructions to y^ Scout & Coffiissaryes
are these, ffirst to renew the Pallizadoes, & place them at y*
extremity of the Towne where y'^ addition is to be made, &
to open the Towne in the middle.
To this y" Scout & Coiriissaryes answer that they doe
repaire the Stockadoes, & that they conceive the Towne
needs noe Enlargem', it decreasing in people, when it en-
creaseth they will be very ready, which will if now be a very
great Charge to the few Inhabitants.
Secondly y^ place of Buriall was to be impald, this hath
been altogether omitted, & the Towne fyn'd for it 50 Skepples
of Wheat.
ffor the impaleing a place for a Towne House there, they
conceive it a mistake, they have a Towne House already,
standing conveniently within y" Towne.
Thirdly to Drayne the Morasse.
This hath been omitted, but an Order is drawn up under
a penalty to have it suddenly done.
Lastly for the fFence, when any come to live on the other
side they are ready to obey that Command.
28o Province of New York [^i]
Col. MSS. ^. 6. They have viewd both Lands but noe Patents were
(NYSL) producd though enquird after.
7. A Patent was granted to Capt Chambers for Cott
September Nicolls of the Land here menconed, & was never surveyd,
Soe wee cannot give any Acco* of it; his other Patents wee
have seen, and judge them to be indifferently measurd.
8. Capt Chambers doth absolutely refuse to meddle with
it, 'twas ofFerd to others, but none accepted it.
9. An Order is publishd to redress it.
10. The Excise was offered to ffarme, but noe person
comeing near the vallue it is continued as before; fFor the
last yeares Income, they have y" Scouts Acco^
11. An Order is publisht concerning it.
12. M" Broadhead hath 100 Acres allotted her.
13. They have chosen M'' Christopher Berisford Chiefs
Magistrate over Hurley & Marbleton who is to Govern by
English Lawes, there is likewise chosen two Overseers in
each Town under him.
The Instructions they left for M'' Beresford till y"" Hono''^
furtJier directions are as followeth.
Whereas you are chosen by y® rest of the Commission"
Chiefe Magrate over Hurley & Marbleton, You are to observe
these Instructions following; If any Order or Command
shall be directed to you from his Hono'' y'^ Governour, con-
cerning those places committed to your Charge, You are
speedily to Obey them, which you may the better doe by
the help of y^ Overseers in each Towne, whom you have
power to Command in any thing that concernes the Execu-
tion of yo*" Office. If any difference ariseth between y^
Inhabitants, you are to give them a speedy Decision, not
regarding partyes but y* merritt of y'^ Cause, And you are
likewise to take the same Care that the Overseers doe their
Duty, in whatsoever they are comanded in relation to their
Px] Collateral and Illustrative Documents 281
places. You are to Governe by English Lawes which will Col. MSS.
. . 22 : QQ
speedily be sent you; & as you are obliged to preserve the (NYSL)
peace as much as you can between particular persons, soe
you must endeavour that those 1 ownes comitted to your September
Charge may well agree among themselves, and both w'*'
Kingston; And that you take away all Obstructions from that
Trade or Correspondency You have with y^ Indyans, &
give his Hon"' the Governour an Accompt of whatsoever you
judge considerable by the first Opportunity.
14. An Order is publishd, & y'' Officers nam'd.
15. Three Places of Rendevouz are appointed, y^ first in
the middle of Marbleton, y* second at Halfe=way Ground,
the third at Hurley.
16. An Order is publishd for it.
17. An Order is publishd for it.
18. 19. 20. 21. M'' Henry Pawlling is made the Officer
over the Indyans, and those foure particulars fall under his
care.
His Instructions are as followeth. —
Whereas you are chosen an Officer over the Indyans, you
are strictly to observe the above written particulars, and not
to make your own Interpretacons, but to follow precisely
the Letter of those Articles; And you are not hereby anywayes
empowered to prevent or hinder y^ Trade of any person
with the Indyans, or give any cause of just complaint, but
to carry your selfe answerable to the Trust reposed in you;
And in case of any disturbance or Riott among the Indyans,
that may Endanger the pubHque quiet, You are to repaire
to the next Magistrate in that Towne, & consult with him
or the rest of the Magistrates what is best to be done for yo""
assistance & the keeping of y" public^ peace; And you are
likewise to performe the remaining part of the first Article
in the Generall Instructions, and send an Acco* thereof to
282 Province of New York ["x"]
Col. MSS. his Hono"" y^ Governour, as likewise of any thing of Moment
(NYSL) concerning the Indyans by the first Opportunity,
22. The Souldiers are acquainted & well pleased with it.
September 23. This is to be Regulated as in Long Island. And it is
desir'd a Coppy of the Lawes may be sent them.
24. This is willingly obeyd, & they humbly desire, that
in this and in all other your Commands yo"' Hono"^ would be
pleasd to accept of their Endeavo"
Signed'— Ralph Whitfeld pr*
John Manning
Thom: Chambers
W" Beckman
Christoph: Beresford
Henry Pawling.
^- A. The Governo'^^^ Lre to Esopus.
2:476 ^ - ^
(NYSL) Gent.
1669/70 I make use of y^ first oppertunity aftr y'^ opening of y®
* " Ryver to recomend to yo^ care y* Ord? & Instructions
already giuen yoV by my selfe or left w"? yo" by y^ Com""?
I sent as to y^ goeing forward w*"? y^ New Dorpe or oth^
matt" relating to yo" in Gen'l' Intending to visitt yo" in a
short tyme, & to bringe a Surveyor w"? me to lay out yor
Lands before y^ grasse growes too high, when I hope to
fynde yo^ forwardness according to Expectation, what is to
be done on my parte for yo^ Encouragem*.^ yo" may confi-
dently promise yo^ selues, So wishing yo" good successe I
remaine
Yo^ Very Loving freind
Fran Louelace
Fort James in New Yorke
this ii"J day of March 1669.
• These names are so written by the secretarial hand.
["x"] Collateral and Illustrative Documents 283
I Expect to heare from yo" by y^ next, how affaires stand C. A.
w**" yo" in Relacon to y'' Indians about y'' Peace (NYSL)
To M"^ W- Beeckman 166Q/70
M^ Xpofer Berisford & ^"' "
Mr Henry Pawling
In Kingston
At Esopus
A Coiriission to Capt" Dudley Lovelace C. A,
& at for y'' surveying & laying out seuerall (nysl)
Lotts of Land at y^ Esopus &c
Francis Lovelace Esq^ &c Whereas y® bounds & Lvmitts 1669/70
. . Mar. 17
of y^ Townes at Esopus That is to say of Kingston Hurley &
Marble Towne haue not hitherto beene sufficiently layd out
& ascertained neith^ hath a division as yett beene made of
y= perticuler new Lotts & some of y" p''tenders to y® old
Lotts laying clayme to greater quantityes of Land then is
graunted to them in their Patents or Ground breifs y® w':''
requires an inspection thereinto & a due Regulation thereof,
To y^ end theise seuerall matters may be y® better concluded,
I haue thought fitt to nominate constitute & appoint & by
this my speciall Comission doe nominate constitute & appoint
you Capt" Dudley Lovelace, Capt" Jaques Cortileau M"!
WilHam Beeckman, Mr Christopher Berisford & M^ Henry
Pawling to be Com^^ to inspect y* surveying & laying out
y® seuerall Lotts in y" Esopus & to ascertaine y® bounds &
lymitts of y'^ respectiue Townes as also to regulate alfayres
there according to such instructions as I shall herewt'' giue
yo"?, of w'^'^ said ComT^ yo"? Capt" Dudley Lovelace are to
be p'"sident, & any of you to be a Quorum You are upon
yo^ arivall to acquaint y'' Inhabitants of each Towne w'** this
my Cofnission y'= w?*" you are to prosecute w'** all care &
284
Province of New York
m
C. A.
2:481
(NYSL)
1669/70
Mar. 17
dilligence, And as yo" shall see cause where yo" fynde any
difficulty in ascertaining y*^ old or laying out y'' new bounds,
yo^ may call before yo" any person or persons to receiue
information from them touching y® same, & for y^ clearing
of y^ truth administer an Oath unto them or any of them
(y^ w'^'' oath yo" are hereby empowred to giue) And what-
soeuer yo" or so many of yo" as shall make a Quorum, shall
lawfully Acta or doe in prosecution of this my speciall Comis-
sion this shall be to yo" & euery of you a sufficient warrant
Given und^ my hand & sealed w'*" y^ Seale of y'^ Province
at ffort James in New Yorke this ly**" day of March in y^
aa'** yeare of his Ma*'^^ Raigne Annocf Domini 1669.
[Francis Lovelace.]
Col. MSS.
22 : 99
(NYSL)
1669/70
Mar. 24
Instructions for Captain Dudley Love-
lace, M'' Jaques Curtilleau & the
rest of y'' Coin"'"'^ for the Affaires
at Esopus and the New Villages
adjacent. —
Inprimis y' the Precincts of every Towne be justly Stated,
according to their severall Patents, and that the particular
Lotts be laid out as the ground falls out, onely in case a
larger proportion of vile Land or Swamps shall happen to
one Mans Share, That then it be in the Breast of the Com"''''
to make some Addition of good Land over & above his
allowance specifyed in his Ground-Briefe, otherwise each
man must be contented with his Lott as it falls out.
2. That after y^ exact Bounds of Kingston is laid out,
that there is to begin y'' Boundaryes of Hurley, and where
that terminates, Marbleton is to begin, & soe y" Lymitts of
that to be sett out as farr as that extends towards the Indyans,
w'''' beare as I suppose. South. —
m
Collateral and Illustrative Documents
285
That noe persons have noe more Land laid out but ^°^- ^^^
'^ 22 : 99
(RYSL)
what is comprized in their Patents, and the Souldiers their
Proportion.
4. For the Washmakers Land I shall referr you to y''
particular Instructions of his Royall Highnes wherein you
are to use M"^ Styvesant w**" all the ffavour, soe that it preju-
dice not y" Townes.
5. That M''^ Broadhead be accomodated at Marbleton
and have the first choice of her Lott.
6. That y^ Land that belongs to M'' Varlett be Surveyd,
& noe more allowed but what is comprisd in his Pattent.
7. The like for Thomas Hall, who under the p'"tence of
150 Margen layes Claime to about 300, but if the occasion
of that Patent were throughly Inspected, it would appeare
hee has little or noe pretentions to it at all.
8. There is a Tract of Land by y® Cale Berge which I
purpose to improove for a ffeeding ground, which I would
have you to survey, & give mee an Acco' of it, it is called
tlie Butter ffield. — M"^ Pawling will direct you.
9. That such strict Rules be left to y^ Planters to finish
their severall Lotts, that whosoever compleats not the ffence
of his Lott, & improves the Land, shall make a forfeiture
of it, if it be not Inclosed within one yeare.
10. That you review all y^ Instructions sent to the Com-
missioners for the regulateing the Affaires the last yeare, &
to give mee an Acco' where the non performance lyes.
11. That all be compelld to settle in Townes, except one
I have given Lycense to, who in regard hee lives between
Hurley and Marbleton may be of convenience to Travellers,
and make a Nearer Correspondence between the two Towns.
12. That in regard many occurrences may arrise, w"^**
will be impossible for mee to foresee, here therefore you are
at Liberty to take any thing into debate that may conduce
1669/70
Mar. 24
286
Province of New York
m
Col. MSS. to advantage of y® Publiq^ though not expressed in these
(NYSL) particular Instructions according to your prudence & Con-
, science; Nevertheless soe that it be not obligatory, till it
Mar. 24 receive my approbation and Confirmation.
13. Lastly that haveing done yo'' utmost Endeavours for
the regulateing and settling the Affaire at the Esopus,
according to these & other Instructions deliverd you, and
noe new matter ariseing worthy your Attendances that then
you break off, and each Commissioner repaire to their
severall other Employments, rendring mee a just Acco* of
all Transactions in the prosecution of this my Commission
directed to you. Given under my Hand this 24**^ of March.
1669. Francis Lovelace
Col. MSS. TowneHall at
22: 99
(NYSL) Kingston in
1670
Mar. 30
to
Apr. n
Esopus
There being present
At a Speciall Court held there by
vertue of a Commission from his
Honour y^ Governour for Setting
out the Boundaryes of Kingston,
Hurley & Marbleton; & for
Regulateing the affaires of these
places and y® parts adjacent —
Die Mercurij viz' 30™° die Martij
Anno Regni Caroli 2'^' Dei gra
Angliae, Scotiae Franciae, et Hib-
niae. Regis. Fidei Defensoris &c:
xxij"^" Annocp DiTi 1670. —
Capt Dudley Lovelace Presid'
Capt Thom: Chambers
Capt Jaques Curtelliau
M'' William Beakman
M"" Christoph: Berrisford
M"' Henr)- Pawling —
^i] Collateral and Illustrative Documents 287
It is this day Ordered that y^ Lands of Thorn: Hall & Col. MSS.
Nicholas Valett cont about 44 Acres — 150 Rodd lyeing (NYSL)
upon the first great piece of Land next Hurley is Elapsd &
forfeited; by reason y'' Patent for it was not renewd according Mar. 30
to the Law in that behalfe provided. And that M*^ Jaques Apr. ir
Curteleau doe Survey the same, and as hee findes the Extent
of it to make report thereof to the Governour. —
It is this day Orderd that Matthias Blanchan shall have
in Liew of foure Acres of Meadow which hee setts over
to the use of Marbleton, foure Acres of Wood Land
elsewhere.
The like is orderd for all the rest who have subscribed to
the Transport hereunto annexed: And that they choose out
the said Wood Land which is to be in Liew of their other
soe disposed, where they shall judge fitt. And they are to
repaire to the Chiefe Officer of their Towne for a Confir-
mation thereof.
Coppy of the Transport of y^ Inhabitants
of Hurley. —
Wee the Inhabit'^ of y" Towne of Hurley in the Esopus
whose Names are underwritten, doe remitt & Sett over unto
his Hon"^ Cott Franc: Lovelace the Governour the severall
parts and parcells of Land contained in a Schedule annexed
to dispose of it, for the better provision of Marbleton. And
the Commissioners for y'= Setting out y'' Boundaryes and
Lymitts of y*" Townes aforesaid, are desired to take care that
the severall parcells of Land soe given by us, may be disposed
of, to the Pretenders & Inhabitants of Marbleton, there
being not Land enough thereunto belonging to satisfy them
according to the Grants given them by the Authority of the
Governour.
288 Province of New York [^^°]
Col. MSS. Acres
22: 99
(HYSL Signed — Thomas Delavall [blank]
1670
Lambert Heybertsen 12
Mar'. 30 RoelefF Swartwout 4
Apr. II Levvijs de Boijs 4
John Joesten 8
Cornehs Winecoop 10
Matthias Blanchan 4
Copia vera Garrett Fokar 6
Jo Clarke Cler: Cur: Albert Heymens 8
Vpon the humble Request of M"^ Cornelius Winecoop the
Commissioners doe unanimously agree that the said Cor-
nelius Winecoop shall have Liberty to lay his two parcells
of Land scituate in Hurley into one fFarme, upon consid-
eracon that hee allowes and setts over ffive Morgan of Land
to the assistance of Marbleton; hee likewise rendring up
againe one of the Home-Lotts at Hurley to be disposed of
as the Commissioners shall think fitt.
The Coin" have granted the said Homelott to one ffrancois
La Ceire of Hurley to build there in the place and stead of
Cornelius Winecoop.
Ordered that Capt Jaques Curteleau be desired to begin
to Morrow being the last of this instant March to sur-
vey the Land belonging to the Towne of Hurley at
the North West Line which Terminates the Extent of
Kingston; and soe onwards towards Marbleton soe farr as
the Patents will reach, and to make report to the Commis-
sioners what quantity of Land is therein contained, at their
next Meetting.
Capt Jaques Curteleau was this day sworn Surveyour in
open Court.
["xl Collateral and Illustrative Documents 289
Register. C°'- ^sa
o 22 : 99
(NYSL)
Of all the Lands granted by y" Authority
of his R: H. lyeing; within the Precincts of ,/^7o
•' ° Mar. 30
KINGSTON. ^to^^
Acres. Rod
Rouloff Swartwout 4 = 560
Evert Pells 180 = ...
Widdow Jacob Hop 85 = 122
Wallrave de Mount 8 =
Edward Whittacre 5^ =
j Edward Whittacre )
\ Thomas Matthews f
Hendrick Joakims 3^ =
Jacob Hopp 72 =
Heere Petrus Steyvesant 92 ==
M' Jeronomyas Ebbings 1000 =
Capt Thomas Chambers 10 = 390
More in y'' same Patent 34 = 82
Capt Thom : Chambers 6 = 180
Capt Thom: Chambers 9 =
Capt Tho: Chambers 10 == 230
Capt Tho: Chambers 74 = 45 1
Capt Tho: Chambers 52 = 3°
More purchased 24 == 80
Jan Barents Kunst now of Hurly 24 =^ 460
Register
Of the Patents granted to the Inha-
bitants of the Towne of
HVRLEY
Acres. Rod
Co[r]neIius Winecoop 24 === 450
Cornelius Winecoop more 48 = 580
[19]
290 Province of New York ["xl
Col. MSS. Acres. Rod
22: 99
(NYSL) Thomas Hall 10 == 500
1670
Arian Hybertsen 25 = 450
Mar'. 30 I Arian Hybertsen more ^7 ^ 4°°
Apr. II Capt Delavall by Transport from Gosen
Garetson 18 == 250
Capt Delavall more from y"^ same Man. . . 48 ^ 460
Philip Pieters Schijleen ' 16 = 250
More the same Man 5° = 44°
Albert Heymensen 10 = 500
Lewis de Boys 24 ^ 450
Lewis de Boys more 16 = 408
Matthias Blanchan 16 ^ 248
More 24 = 450
Antho: Crippell 16 = 350
Volcaert Jansen 18 ^ 250
More 40 == 460
Vltimo Martij.
The Presid* employ'' the Surveyo'', & all other persons
concerned to measure the first Great piece of Land next
Hurley containing by Estimation 300 == 000:
Primo Aprilis.
They also surveyd y^ 2"^ piece, cont 420
The Surveyour als[o] makes Report ] „
that the Wash-makers Land containes . . j
'Schuyler.
Apr.
["x] Collateral and Illustrative Documents 291
Easter Eve — Col. MSS.
22: 99
(HYSL)
Whereas John Joesten of Marbleton Husbandman hath
putt in his Clayme or Pretence to two parcells of Land con- ^an 30
taining fourty foure Acres & 150 Rod, by vertue of a Bill of
Sale formerly granted to him from Thom: Hall and Nicholas
Valett deceased, whose Patent could not be produc'd by
reason 'twas then (as hee alledged) in y'' Office of Records
at New Yorke; The Com""^ have therefore upon serious
& mature deliberation thought fitt to lay out the quantity
of Land aforesaid upon the second great piece adjoyning to
y" Bounds of Hurley; And y' M"^ Jaques Curteleau doe make
Report thereof to his Hono"" the Governour, that upon sight
of his Patent, hee may possess & Enjoy the said parcells of
Land accordingly.
Orderd y' y'' Bounds between Kingston & Hurley East-
ward doe beginne at y" fFoot of the Hills upon y^ Easterly
side of Premakers Land, & then running from the Hills
along the great Creek to the East end of the Washmakers
Land directly to y'' Woods, & then with a North West Line
thorow the Woods to a certaine Creek commonly calld &
known by y*" name of the Redoubt Creek or Kill.
Orderd y' y® Bounds between Hurley and Marbleton do
begin at the fFoott of the Hills all along the great Creek
between the first and second piece of Land. Hurley Include-
ing the first; Marbleton the second. And then with a
North-West Line from the nearest part of that Creek to y*
place of Rendevouz, cleare thorow y^ Woods to the Redoubt
Creek or Kill as in the other Boundary.
In persuance of an Order made y^ 30"^ of March last
past, Capt Jaques Corteleau doth report to the Com"^^
that hee hath surveyed not only all y*^ Lands given by
Patent, but also those promised to y" Souldiery; And
findeing y" quantity thereof to fall short of expectation.
292 Province of New York ["f ]
Col. MSS. To the end therefore that y® Townes of Hurley & Mar-
22:99 .
(RYSL) bleton may be supplyed with good & valluable Land to
1670
give each Man content as near as may be; The Com"
Mar'. 30 have thought fit to Sett over, and by this Speciall Order
Apr. II have sett over soe much of the Washmakers Land to the
Inhabitants of Hurley, as by the Survey doth appeare to
fall short in that Precinct.
Vpon a Motion made by Capt Thom: Chambers &
seconded by M'' Henry Pav?ling; It is this day orderd that
the Washmakers Land be divided into two equall parts,
The one moiety to be recommended to his Hon'', to be Granted
to Mr Petrus St)'vesant in persuance of his R H'^ his Direc-
tions; & fourty Acres of the other Moiety to Capt" Thomas
Delavall towards the satisfaction of his Patent, hee being
excluded the second piece; The Overplus containing 34
Acres is hereby more especially recommended to be dis-
posed of, to his Brother Capt Dudley Lovelace in com-
pensation of the great care & paines hee hath taken in
laying out the Lands, and settling the Affaires of these
parts to the Generall Content & satisfaction of all partyes
concernd herein.
This day y^ Presid' gave Ord'' to y^ Min"" or fFore-Leser
to pray publiquely the day following (being Easter day) and
soe from time to time hereafter for the K", Queen his R. H^
y'^ D: Yorke, & all y^ Roy" ffamily, w'^'' was obeyd
accordingly.
Munday. April: 4^'';
The Corn"" fell into debate about settling y* Militia,
but findeing noe Commission Officers already establisht
Thought good in obedience to his R: H^ Lawes; & the
Governo'^'' Instructions, to Nominate M"" Henry Pawling
["x] Collateral and Illustrative Documents 293
Capt, M"" Christopher Beresford Lievten', John Biggs Col. MSS.
Ensigne to be Officers for the time being, and to raise (NYSL)
and exercise, the Inhabitants of Hurley & Marbleton
... 167"
according to the Discipline of warr; Whereupon Procla- Mar. 30
macon was made by Beat of Drum according to the War- Apr. 11
rant underwritten
Your are upon sight hereof to give notice to all the Inhabi-
tants of Hurley and Marbleton, and also all the Pretenders
to the Land now to be allotted and laid out for them, that
they appeare in Armes at the Rendezvouze appointed the
last yeare; and that you cause Samuell Olliver Serg' or
Albert Heymens or either of them to read the Summons
herewith sent you by beat of Drum publiqjly in the Towne
of Kingston, and afterwards to affix the same upon the Doore
of the Towne Hall. And for soe doeing this shall be your
sufficient Warrant. Given under my Hand at Fox-Hall
this fourth of Aprill 1670.
Signed. Dudley Lovelace Presid'.
To Ensigne Biggs —
Proclamacon was made accordingly by Beat of Drum &
the Souldiers Lysted.
The Names of y'' Officers & Souldiers appointed to be
present at the Rendevouz at Marbleton, To morrow y^ 5''' of
Aprill 1670. — as followeth. viz*
Officers
Hen: Pawling Capt°
Christo: Berisford . .Lievten'
John Biggs + Ensigne
Sam : OlHver + Serg'
Albert Heymensen . . Serg'
Rich"^ Cage+ Drumm^
Henry Crump
Fredr: Pieterson
Cornel: ffinehold
Gisbert Crump
Garret Johnson
294
Province of New York
m
1670
Mar. 30
to
Apr. II
Col. MSS. Marbleton Souldiers
22: 99
(NYSL) Thomas Quynell -\
Wiltm: Fisher +
John Hendnck4-
Geor: Porter +
Fredr: Hussey +
Joh: Pound
Edw: Whittacre
Thorn: Matthews
George Hall
Antho: Cooke
Antho: Addyson +
Evert Priced-
Thorn: Elgar
Edwar: ffrench
W™: Horton +
Robt: Bickerstaffe
Rofet: Peacocks-
John Reynolds +
John Joesten
Joesten
Jacob de Wael.
In all
Hurley Souldiers-
Paulus Paulenson
Jacob Johnson
Lewys De Boijs
Araon Tunijs
Antho: Crippell
Lambert Hyberts
Warden^ Hornbeck
Garrett Fokar
Garrett Corneliuson
ffrancois Le Shiere
John Albertsen
Arian Albertsen
Jacob Carle
Robert Goldsberry
John Dihoth
Arian ffrancon
Allard Rose
Arian Rose
John Rose
Pieter the Negroe
Matthias Blanchan.
— 54-
Tuesday Aprill 5"" 1670.
This day Capt Pawlings ffoot Company appeared at the
Rendevouze, where they were musterd, & exercisd in their
Armes. The President also caused all the Laws relateing to
Military Affaires to be read before them; and then Marched
them with fflying Colours to the Towne of Hurley, and there
dismissd them; The Colours were Lodgd with a Guard at
the Towne Hall in Kingston; Where the Souldiers were Com-
manded to appeare next day in Court to draw their Lotts.
[^x] Collateral and Illustrative Documents 295
Wednesday Apr: 6*'' Col. Mss.
■' 22:99
(NYSL)
The Com'"^ this day took care for the publishing of the
Orders for the Boundaryes of all the Three Townes Mar.^ao
Kingston, Hurley & Marbleton, causing the same to be ffixt Adt°ii
upon the Towne Hall of Kingston to publiqj view; And that
noe Man might plead ignorance of the same, the said Orders
were also published and affixed in the Dutch Language by
Order of the President: The which were likewise recorded
in the Dutch Register.
This day also y*" Com"''^ thought fitt upon y^ Debate of
M"'^ Broadheads Land to order that shee according to his
Hono" Instructions should have the first choice of her two
Lotts; whereupon shee pitched upon the seaventh &
eighth parts, upon the first peice of Land belonging to
Marbleton.
The Commissioners doe order that M'' Pawling & M'
Beresford shall have three Lotts out of the Land belonging to
Marbleton, to be divided this day by the Commission"
aforesaid by vertue of the Authority granted them by his
Honour the Governour.
Orderd that for the more just and impartiall distribution
of the Souldiers respective parcells of Land, whereby there
might be noe murmuring or cavelling on any side. They
should submitt to draw Lotts for y^ same: And the Commis-
sioners to that End appointed that the next Childe (or that
which was nearest at hand) should draw the Lotts & Num-
bers out of two Hatts, and as they are drawn to deliver each
Lott & Number to y^ President to open, & public^ly to read
the same, and Register it in the Journall.
The first Lott was that John Hendrick, Richard Cage, &
Thomas Quynell should have each 10 Acres of Land upon
the first piece of Ground belonging to Marbleton, w"^ was
forthwith Orderd them by y^ Commissioners. N°: 4.
296 Province of New York [^i]
Col^ MSS. The like Order for — Porter
(NYSL) Hussey }> N° 10.
Addvson
1670 •'
Mar. 30
t° The like Order for — Horton
Apr. II
Elgar J- N°. 5
Olliver
The like Ord"" for — Peacock \
Price -N°. 6
Reynolds j
The like Ord"^ fot — Biggs ^
Clinton V N°. 9
ffisher ]
The Court adjourns till 2 of Clock in y^ Afternoon.
A Paper Delivered in to y^ President by
tending to Sedition & Mutiny; which was torne as a scanda-
lous Libell repugnant to the Lawes of this Governm*, and the
Authority thereof.
The Com'"'' proceeded to draw y*" rest of the Lotts (14)
for divideing y'' 2'^ piece of Land belonging to Marbleton
amongst the Souldiers by the same Rules of proceeding as in
the Morning.
This being done 'twas Orderd that (according to the
Chance of the Lotts) Corporall Biggs, W" ffisher, & Clinton
Maund should have zoAcresa piece on the3'^ Styck.N° 15. 16.
The like Ord*" for Jo: Hendrick, Cage & Quynell.N° 19. 20-
The like Ord"" for Elgar, Olliver, Horton N° II. 12.
The like Ord"^ for Hussey, Addyson, Porter ... .N° 17. 18.
The like Ord"" for Peacock, Price, Reynolds N? 13. 14.
This day upon y^ humble Request of Robt BickerstafFe,
setting forth severall Reasons thereunto moveing him, to
yield up his Right, Title & Interest of all the Land allotted
fx"] Collateral and Illustrative Documents 297
him within the precincts of Marbleton, The Court doth Col. MSS.
Order that Clinton Maund haveing formerly had a Promise (ITYSL)
from his Honour the Governour be Inserted in the Roome
of Robert Bickerstaffe aforesaid, and receive, possess & Mar. 30
Enjoy the same parcel! or parcells of Land if his Hono'' the Apr. n
Governour think fitt to confirme the same.
Also upon y^ Request of John Pound, setting forth severall
reasons thereunto moveing him to yield up his Right, Title
& Interest of all the Land allotted him within the precincts
of Marbleton, the Court doth order that Wffi that Wittm [sic]
ffisher be Inserted in the Roome of y'' said John Pound, &
receive, possess, and Enjoy the said parcell or parcells of
Land to the use of him and his Heyres forever; If his Honr
the Governour shall think fitt to confirme the same.
Ordered by y^ Court that y^ Land upon y^ first & second
pieces belonging to Marbleton thus divided & drawn by Lott
as aforesaid for the use of the Souldiers be forthwith recom-
mended to the Governour for his allowance & confirmacon
And that his Hono"' be supplicated in their Name to settle y*
same by Patent to them & either of them, their Heyres &
Assignes forever: And that his Hono'' would be pleasd to
send them halfe a yeares provision (now due to them as they
alledge) and their Discharges (as they were promised by the
first convenient Opportunity.
Joest Arian haveing this day given to Gisbert Crump
his Home Lott lyeing at Marbleton, the Court has unani-
mously orderd and Granted that the said Joest Arian be
Releasd from that Towne, seeing hee has gott this Gisbert
aforesaid to supply his place.
Thursday Aprill. 7?^
This day M'' Christopher Beresford was sworne chief
Magistrate of Hurley & Marbleton.
298 Province of New York [^i-]
Col. MSS. Also M"" Tohn Biggs was then sworne Overseer of
22:99 ,, ,, •' ^^
(NYSL) Marbleton.
Ordered that M'' Christopher Beresford chiefe Magrate,
Mar. 30 John Biggs, Fredrick Hussey, Lewijs de Boys, & Albert
^j J J Heymens Overseers for the Townes of Marbleton & Hurley
or any three of them are hereby Empow^ered & Enjoyned to
settle a due way of fFences (improoving & preserving such
Common ffields and the ffruits of them) as lye within the
precincts of the Townes respectively where they dwell, and
the said Chiefe Magistrate & Overseers shall from yeare to
yeare appoint one or two of the Planters for all or each
Common ffield belonging to the Townes where they dwell,
to view y^ Coirion fFences within their Trust; & to take
notice of the defect thereof, and forthwith to acquaint the
Owners with the same; And if the Owners or Occupyo^doe
not make or repaire y" Common {Fences proportionably to the
quantity of land allotted them, before the first of May next,
& to measure the said fFence within six days after the Date
hereof, That then upon report of y^ Viewer or Viewers soe
chosen, the s*^ View"' or View"^ shall renew them if they think
fitt, & have double recompense for the same to be paid
according to the known Lawes of this Governm' in that Case
provided.
Orderd that Capt Henry Pawling be appointed Viewer for
the measuring, makeing & repaireing all Common fFences
within the precincts of Hurley and Marbleton, and that
Albert Heymensen of Hurley, & Fredrick Hussey of Marble-
ton be his Assistants for the measuring of it, and to Attend
the said Service within six dayes after Notice, upon the
penalty of twenty shillings.
Orderd that Capt Pawling be appointed also Viewer for
the measuring and Laying out of the Home-Lotts and Streets
of Hurley & Marbleton exactly and regularly according to
the Draught or Plott of the said Townes herewith given him.
K*] Collateral and Illustrative Documents 299
Whereas several! parcells of Land are broken up & manurd Col. MSS.
in the Bounds of Hurley & Marbleton, before the Lotts were (NYSL)
drawn & the Land apportioned; It is orderd that if any
persons Lott falls in the place where another person has Mar. 30
already plowed or manured as aforesaid, That then the said Apr. n
present Possessor (by Lott) shall break up, manure, & bring
into soe good Tillage the like quantity of Land for that
person who soe plowd or broke up the Lott as aforesaid,
upon paine of forfeiture of his Land and Patent.
Upon the Speciall Instance and Request of the Inhabit'"
of Marbleton setting forth y^ great necessity of erecting a
Bridge at Marbleton to pass over to the certaine third piece
of Land called y^ 3*^ Styck: It is this day ordered that Capt
Pawling doe take care for the Erecting & building of a Bridge
there, & to take to his assistance Capt Thomas Chambers
Surveyo'' Gen'' of his Ma'"^^ High-Wayes in these parts, &
to make the Bridge with all convenient speed; The Labour-
ers that are employd therein to be duely paid out of The
Generall Rate assessed or to be assessed upon all the Inhabi-
tants of Marbleton for makeing or Building the Bridge
aforesaid.
The Names of the Persons that this day
in open Court surrendered up their
severall parcells of Land allotted them
in Marbleton, for the good of their
Fellow-Souldiers.
Anthony Cooke
Edward French
Thomas Matthews
Edward Whittacre
Copia vera George Hall
Jo Clarke Cler. Cur. Robert Bickerstaffe.
300 Province of New York {^l
Col. MSS. These Men did then Petition to y^ Coiri'^ that (since they
(HYSL) had thus given up their Land to the Enlargm' of their fFellow
Souldiers proportions) They might be ffreed from Marbleton,
Mar. 30 as also that they might have their halfe yeares provision sent
J. *° jj them down, with their Discharges from his Hono'^ the
Governour. The Grant of w"^*^ Requests falling not properly
under the power of the Coin"^ the Presid' thought fitt to
recommend the same to his Hono' y*^ Governour for a
Resolve.
Friday Aprill 8'"
Vpon the request of Tijerck Clausen de Wijt (producing
a Grant from under the Hand of his Hono"^) the Court doth
Order that hee shall have Liberty to Build a House, Barne &
Stable between Kingston & Hurley upon his Land (contain-
ing sixten Acres) according to his Grant, And that hee begin
his Building within fourteen dayes after the Date hereof.
The Commission''^ doe also agree that all Persons whatso-
ever in the precincts of Kingston, Hurley, and Marbleton
shall hold and Enjoy all Lands and Inheritances granted
them by Patent or Lott, paying in Corne Two shillings six
pence Quitt Rent annually for every hundred Acres to his
Royall Highnes according to Law.
Vpon the humble Request and Petition of Robert Golds-
berry tis this day ordered that the Peticoner be recommended
to his Hono'' y^ Governo"' for a Patent for eight Acres of Land
lyeing in the Mid-way between Hurley & Marbleton,
according to an Order heretofore made, beareing Date the
one and twentyeth of Septem: 1669.
Vpon Notice given that Jacob [blank] refused to send his
Boat and Servant to attend his Ma-'" Service, the Presid'
Signed a Warrant to Impresse the same according to Law
Which was forthwith obeyd accordingly.
[^•] Collateral and Illustrative Documents 301
Orderd that Ton Toesten and his Son shall be recommended Col. MSS.
J J _ 22 : 99
to the Governour for y^ Grant of 2 Lotts of Land lyeing (NYSL)
upon the 3"^ great Styck — N? 23. 24.
Report given in touching the Excise at Hurley by M'' Mar. 30
Berrisford. y^pr, ji
Vpon Tappers Excise, (viz' from the first of Jan^^ to
this day) at 14 Guild"^ the AnkoT 3 Ankors 42 : 00
Marbleton 00 : 00
Report given by M"' Beckman of the Excise at Kingston
extracted out of his booke.
Aug: 10.
1669 Guild" Sti.
Inprimf Given in by Hen: Pawling 5 Ank*^ \
Rum, at 14 guild"^ ^ Anko"^ )
Sept: II. By Matthias Blanchan . i Ank"^ Wine . . 14 =
16: M" An: Broadhead. . . 2 Ank: Rum. . 28 =
Oct: 25. M' W"^ Beckman.... 2Ank:Brandy. 28 =
Nov: 6. M'' Beckman . . . i Ank: French wine. 8 ==
Nov: II. M"' Mat: Blanchan. . . . i Ank: Wine. 14 =
13. M'' Geor: Hall i Ank: Brandy. 14 =
22. RoulofF Swartwout. . . . i AnkJWine. 21 =
Ditto. RoulofF Swartwout . . . . i Tun Beere. . 8 ^
Decern: 2'? y^ s'^ Swartwout i Ank: Wine. 14 =^
Decem: 8. y^ s^ Swarrwood i Ank: Wine. 14 ==
Decem: 11. M'' Matt Blanchan. . 2 Ank: Wine. 28 =
II. RoulofFSwarrwood . . 7 ffattsJBeere. 28^
15. The said Swartwood. i Ank: Wine. . 14 ^^
23. The said Swartwood . \ Ank: Wine. . 7 =
24. M'^ Mat. Blanchan. . i Ank : Wine. 14 =
31. Rouloff Swartwood. . i Ank: J Wine. 2f =
Jan"? 8. The s'' Swartwood . . i Ank: Wine.. 14 =
20. Matth: Blanchan... i Ank: Wine.. 14 =
302 Province of New York ["x 1
CoLMSS. pAug: io.-|
22:99 °
(NYSL) |_ 1669 J [Guild^Sti.]
[Tan'^^] 22. The said Swartwood i Ank:Wine,. 14 =
1670 LJ J T
Mar. 30 FeW^ 12. Rowloff Swartvvood.. 2 Ank:Wine&
Apr. II I Tun Beer 36 =
15. Matt: Blanchan. ... 7 Ank:Wine, . 98 =
March 5. RoulofF Swartwood . i Ank: Wine. 14 =
18. Walravende Mount. 2AnkJBrandy 35 =
570
Guild-
Transported from y'' other side 570
21. Ditto. John Poppen . . . i Ank'^Brandy. 14
Ditto. Matth: Blanchan. . 7 Ank: Wine. . 98
In Toto 682
Noe other publi(f Debts Levyed since the Commission"
were here last.
Fredrick Hussey was this day sworne Overseer for the
Towne of Marbleton & the Precincts thereof.
Lewys de Boys was also this day sworn Overseer for the
Towne of Hurley and the Precincts thereof.
Albert Heymens was also this day sworne the other Over-
seer of Hurley aforesaid.
Saturday. 9'^ Aprill. —
Vpon Reading the Peticons of Tierck Claus de Wijt, &
M*" W™ Montania setting forth that his Hono' the Governour
hath given them a Grant for the Setting up of a Saw Mill
Opposite p. 303.
V./^
coi'/'-t-i">''q 6i/iOJ/tiiiaficti j(cifi/ ffOin^ (t'uuj i:Cid
fcnjf: re p-<.oin'/.J,- ciiic (picuj /c l/lciii <- cr-> fci'n-.
fi(5^ /,\,:' ejVil'S^h'i.jfiyii/ /tn/ii ^^i^io.'^o/i at //he,: .^ ,
Truci _
/'
I' rifufp ■ '&f^i^ oiCfo anaHtcx Iffoiuf t(n- he! tsfcni .
•^^f-^ ^ ^o
Jrdncd
fyy.
(!cJ/^leJ citfc fo iSi'ilff a '-fiaur
■S. C'/i'',<^W/n (p//efifaAla,j fbAn Oifer/ou/-. Jfiz,, ^
r/o/</, .fan ^urA(tfiJ ^nc^t'ta '~Z'ft7io^' , \%r>l ^mfeu^
'HO I
cait/nm'^ and oi(foco f/ic .icreict/l -
'ee/i'oJ .aJ nee m /uj Q^(.'c?(-cmc> j/inli ,
, _ / of/-//// df t^ canv tji ic/if .
\Ht^'l r Jjc.1 '^^a.c../^,.y^%lc.yu
(^^.' C^'
I
^^
LAST PAGE OF PROCEEDINGS OF THE COURT AT
ESOPUS (KINGSTON), WITH SIGNATURES, 1670.
(Reduct-il from \l\'-> by 8 inches.)
[^i] Collateral and Illustrative Documents 303
for the public]^ Benefitt, together humbly requesting also ''°'' ^^S.
that y" Com''^ would be pleas'd to recommend their good (HYSL)
Intentions to his Honour for the speedy Erecting the said
Saw-Mill some five Miles North from the Towne of Kings- Mar. 30
ton; and likewise imploring the Grant of a certaine piece of Apr. 11
Land scituate and lyeing a mile further (called Dead Mens
Bones) upon a North Line Easterly containing about
seaventy Acres for the sustentation of themselves and their
Cattle, being soe remote from the Town of Kingston; The
Commission'^ have viewd the same, & referrd the Debate
thereof till Munday next.
Vpon reading y^ Peticon of John Osterhout, Jan Burhans,
& Cornelius Vernoij Husbandmen of y'' Towne of Kingston,
alledging that his Hono'^ the Governour hath been pleasd to
promise and Grant to them a certaine Neck of Land five
Miles distant from Kingston or thereabouts over the Kill
neare the ffoot path Leading to Albany containing by Esti-
mation fifty foure Acres cleare & Good Land. The Commis-
sioners have this day viewed the same, and have referrd the
Consideration thereof till Munday next.
These five persons last menconed have oblig'd themselves
to Build their Houses all together on the other side of the
Kill due North from the Land of Capt. Tho: Chambers,
intending y^ same for an In-Shipp within the precincts of
Kingston.
Capt Chambers desires also to Build a House for a Tenant
within two Musquett Shott of the said Innshipp. And also
another House for his Son in Law. All which are referrd
till Munday.
Munday. Aprill 11?''
Ordered that the severall Peticons, viz' of Tijerk Claus,
M*^ Wittm Montania, John Osterhout, Jan Osterhout, Jan
304 Province of New York ["x ]
Col. MSS. Burhans, Cornelius Vernoij, Capt Chambers and John
(NYSL) Teyson be forthwith recommended to his Hono"^ the Gov-
ernour to confirme and allow the severall desires of the
1670
Mar. 30 Peticoners, as hee in his Wisdome shall judge most fitt and
to
Apr. II convenient.
The Orders now Read, Corrected, & Amended, we doe
Assent vnto vnder o"" Hands, Desiring his Honour to Pardon
o'' Imperfections & to accept of o"^ Endeauours
Dudley Louelace. Pres?'
Thomas Chambers
[Signed] Will Beekman
This Euening the Court Christo: Beresford
was dissolued. — Henry Pawling
M^™ that there appeared the last day of o'' sitting (in
Obedience to our Summance) before us one Calcop an
Indyan Sachem, with his young Son and another young
Indyan who have sett their hands to the Agreem* made
between Richard Nicolls the late Governour, & the Sachems
& people calld the Sopez Indyans, and doe own the same
according to Right and Honesty. They were likewise
admonishd to continue the same Custome yearely.
The next day Capt Chambers his Company appeared in
Armes; They were commanded to remoove the East Gate of
Kingston, to the middle of the Curtaine, soe that the Towne
is now opened according to his Hon"^^ Instructions directed
to y^ Com" the last Sessions.
The Company was musterd & exercis'd, & the Lawes
relating to the military Affaires were read at the head of
them in the Dutch Language. The Artillery was drawn
into the ffield, & ffyred when the Presid' took Horse to depart
for New Yorke.
Px] Collateral and Illustrative Documents 305
The Governo^* Ord'' for v': non Sale of ^- ^^
. T J T- .h • 2=581
y- Land at Lsopus, w'=" was given to (NYSL)
y? Souldiers there.
Francis Louelace EsqT &c Whereas I am given to under- 1670
. Aug. 23
Stand, That some of y^ late Souldiers who haue had Lands
alotted them at y^ New Village at Esopus called Marbleton,
& haue had discharges from their Military Imployment haue
contrary to y"- end & intent both of my selfe and Predecessor
for y! w^^ y? Land there was Graunted to them p'^sumed to
make sale of their Lotts, whereby y^ said place in stead of
being setled will inevitably come to Ruine & decaye unlesse
some speedy Remedy be used, These are to publish &
declare, That y" Sales w?^ already haue beene or shall w'Mn
y'^ space of Three yeares be made by any perticuler person
that hath land laid out for him at Marbleton for his service
as a Souldier are & shall be voyde, & that what person
soever shall p''sume to sell or buy any such Land w'^'in y^
space of Three yeares aforesaid w'^'out my perticuler Lycence
& consent shall be lookt upon as a Contemner of this Declar-
ation & shall be lyable to undergoe such fyne or censure as
by my selfe & Councell shall be thought fitt to be imposed
upon them, And I doe likewise hereby ord'^ that Publication
hereof be forthw''' made in each respectiue Towne at Esopus,
& this Declaration read by beate of Drume & afterwards
affixt in some Eminent place in every Towne that none may
plead ignorance hereof. Given undr my hand & sealed
^th ye ggajg Qf jj^g Province at ffort James in New Yorke
this 23'*" Day of August in y? ZZ*** yeare of his Ma''^^ Raigne
Annoc^ Dili 1670.
[■201 [Francis Lovelace.]
3o6
Province of New York
n-]
Land
Papers
1:36
(Sec. State)
[Location of Land Grants at Marbletown.]
An Accounp'
1670 Off euery mans Lotts of Land, vpon the first and second
Pieces of land belonging to Marbleton, and alsoe how itt
Lyes bounded and abutting on[e] upon the other, taken out
of thire pattents, Novemb'' j^ g"^ 1670. Begining att the
north-East of the first piece.
Inprimis
I Acers
M'' Christopher Beresford on[e] lott and a halfe . .4518' —
Cap' Henry Pawling, on[e] lott and a halfe.. 45* —
3
Rich: Cage:
N?4 Tho: Quynell:
John: Henry:
Sam: Oliuer.
N°5 Tho:Elgar.
Will : Horton
Robt: Pecock:
N° 6 Auert: Price.
John: Reynolds:
N°7:8: M" Ann: Brodhead:
Ensigne Biggs:
N?9 Will: Fisher.
Clinton: Maund:
Vpon the Second piece the
which is notdiuided as yett.
Sam: Oliuer ^
Tho: Elgar )- N? II : 12
Will: Horton)
Rob': Pecock:
Auet: Price:
John: Reynolds
Ensigne: Biggs:
Will: Fisher.
Clinton Maund:
George Porter.
Fred: Hussey:
Antho: Addison
N° 13: 14.
N? 15: 16.
N° 17: 18.
m
Collateral and Illustrative Documents
307
George: Porter.
N° 10 Fred: Hussey:
Antho: Addison.
fred. hussey is to be y®
first of those lalst [sicY
3: N? 10 & soe in y* Rest
on the first piece.
Rich: Cage: abutting:
Tho: Quynell. — —
John: Henry: — —
Sam: OHuer. — —
Tho: Elgar. — —
Will: Horton. — —
Robt:Pecock. — —
Auert Price. — —
John Reynolds. — —
M" Ann: Broadhead:
John : Biggs : — —
Will: Fisher. — —
Clinton : Maund : — -
Fred: Hussey: — —
Geo: Porter: — —
Antho: Addison: — -
'So in original for "last."
Land
T» • /^ Papers
Rich: Cage. "j 1:36
Tho: Quynell. I N? 19: 20. ^^''- ^***'^
John: Henry: ) 1670
Nov. 9
Fred: Petters: N? 21.
Arte : Martison : N? 22.
Tohn: Tosson ) ,..
11- ^N°23:24.
and his son: )
Bounded and butting,
as specified in y" pattents.
N:E: vpon: Jo: Henry:
N:E: vpon: Rich Cage.
N E: vpon: Christop'^ Beresford.
N E: vpon: Tho: Elger.
N E: vpon: Will Horton.
N E: vpon: Tho: Quynell:
N E: vpon: Sam: Oiiuer:
N E: vpon: Robert: pecock.
N E: vpon: Auert price.
N E: vpon: John: Reynolds.
N E: vpon: Ann Brodheads.
N E: Clinton Maund.
N E: vpon: John Biggs.
N E: vpon: Geo: porter.
N E: vpon: will fisher.
N E: vpon: fFred: Hussey:
3o8 Province of New York ["1]
Land Boun[d]ed & butting: as specified in y^ Pattents.
1:36 On the second piece of land.
Sam: oliuer. a butting N E: vpon: Tho: Elgar.
1670 Tho: Elgar. — — — N E: vpon: An: Addison.
Will: Horton. — N E: vpon: Sam: oliuer.
Robt: pecock — — N E: vpon: will horton.
Auert: price. — — — N E: vpon: Robt pecock.
John: Reynolds. — — N E: vpon Auert price.
John Biggs. — — — N E: vpon: John Reynolds.
will: ffisher. — — — N E: vpon: John: biggs.
Clin: Maund. — N E: vpon: will ffisher.
Fred: Hussey. — N E: vpon: Clin' Maund.
[G]eo: porter. — — — N E: vpon: Antho: Addison.
Antho: Addison. — — N E : vpon : fred : hussey.
Rich: Cage. — — — N E : vpon : John : henry.
Tho: Quynell. — — N E: vpon: Rich: Cage.
John: Henry. — — — N E: vpon: Geo: porter.
fFred : Fetters. — — — N E : vpon : Rich Cage.
Arte: Martison: — — N E : vpon : flFred : patters
John: Josson: — — — N E: vpon: Arte: martison.
his: sonn. — — N E: vpon: John Josson.
Finis.
Copia vera
Rich Cage secret''.
Original Note endorsed:
Esopus Lotts. M' Berrisfords [la]nd abutts North East
vpon Jan Joos[tens] land & South west
vpon C. Pawli[ng]s.
Endorsed: To send it to George Hall.
For
His Hono^ the Gouern'
in New Yorke
[^•] Collateral and Illustrative Documents 309
The Governo" Lre to v'; Com"".^ at Esopus. C- ^•
Oent (NYSL)
This may Serue to recomend unto yo" y" bearer hereof M^
Isaack Greveratt, To whome he having an Inclination to jia°. 8
remove w'^ his family to yo'' Towne, I haue given a Cofn°"
as a person of a fitt Capacity to succeed Mr Beeckman in y''
place of Schout, & what othr publique Imploym* he hath
there; He is at this tyme onely gone up to fitt himselfe w"^
an habitation, in w"^ I pray giue him yo'' best assistance,
when he enters upon his Employm* It will be requisite all
y^ Publique Records should be deliuered into his Custodye,
who is upon his Oath to Acte in his place honestly & Justly
according to his best Capacitye This is all at p''sent
from
Yo^ Very Loving freind
[Francis Lovelace.]
fFort James in N. Y.
Mar. 8*^ 1670.
No. XI.
DELAWARE — LONG FINN INSURRECTION.
An Ord*^ for y^ aprehending of y^ Swede O. W. L.
at Delaware. (MYSL)
Whereas I am eiuen to understand that there is a certaine 1669
. . in Aug. 2
Swede at De la ware who giues himselfe out to be Sonne to
Conincksmarke heretofore one of y^ King of Swedens Gen"^!'
or Gen'^!' Officers & goes up & downe from one place to
another frequently raising speeches very seditious & false
3IO
Province of New York
[^]
O. W. L.
2:500
(NYSL)
1669
Aug. 2
tending to y^ disturbance of his Ma''?^ peace & y^ Lawes of
y^ Governm' in such cases prouided To whom is associated
one Henry Coleman one of y^ Fins & an Inhabitant at De la
ware who hath left his habitation Cattle & Corne w"^out any
care taken for them to runne aft"^ y'^ oth^ person & it being
suspected that y" said Coleman being well verst in y^ Indian
language amongst whome both he & t'other keep, may
watch some oppertunity to do mischeife to his neighbours
by killing their Cattle, if not worse; whereupon yo" haue
already according to yo^ duty sett forth yo^ warr' to appre-
hend him but he cannot yett be met withall These p'^sents
are to order impower & appoint yo" to sett forth a proc-
lamation in my name that if y'^ said Henry Coleman do not
come in to yo"^ & surrendr himselfe up to answer to what
shall be objected against him w^'in y® space of Fifteene
dayes aft^ divulging y® same that then yo" cause all y^ Estate
belonging to him w'^'in this Governm' to be seized upon &
secured to his Ma''" use, of w'^^ yo" are to rend^ me an Ac-
count w*?' y'' first oppertunity Given und^ my hand & seale
at Fort James in New Yorke this 2*? of August 1669.
[Francis Lovelace.]
To y*^ Officers at De la ware.
O. W. L.
2:503
(NYSL)
1669
Sept. 15
The Governo'? Lre to Capt" John Carr &
y® Schout & Comissaryes at New Castle
upon De la ware.
Gentlemen.
I Rec"? yo^ Pacquett w':'' yo" sent by Henry de Loper
dated y^ 8'^ of Septembr in w''!^ were inclosed three other
Copyes Two of them subscribed Coningsmark y^ other
Armgart Prins as likewise y^ Deposicons of seuerall persons
concerning a lately insurection happened in yo^ partes occa-
sioned by y'= Long Swede their pryme Incendiary all, w^**
[h] Collateral and Illustrative Documents 311
being taken into a serious consideration I haue thought fitt O. W. L.
. ° 2 ; 503
w**! y'= Advice of my Councell to resolue & determyne as (NYSL)
followeth, In y'' first place I uery well appro[u]e & applaud
yo^ prudent & carefull management in Circumventing & Sept. 15
securing y® prj'me Instigators of this Comotion togeth- w'^
y" cheifest of his Complices, likewise (for yo^ future anima-
tion) that so good & seasonable a service both to his Royall
Highn^? & y*" security & tranquility of y" Country, may not
be buryed in Obliuion, I cannot but take notice of it & do
retorne yo" thankes w*''all assuring yo" to represent this
Action to his Royall Highn^-^ w'^ such characters [as] ' are
justly due to so worthy an undertaking.
Next I heartily wish my selfe w*^ yo" to bring that Grand
Imposter togeth^ w"? y^ cheife of his Pack to condigne
punishm', but y'^ hourly expectation I am in of y*^ Arrivall
of some shipps from England by w''^ I look for seuerall In-
structions w''.'' will require a present dispatch, y^ whole
frame of y® Governm' standing at this tyme still neither
Mayo^ nor Aldermen elected The Grand Assizes like to
bee prorogued all businesses wayting upon that breath that
must animate this little body Politique of ours, So that what
I do Recomend unto yo" now must rath^ respect y^ Stopping
of y'' spreading of y* Contagion that it grow not furth^ then
by any way of amputating or cutting of any member to make
y* Cure more perfect.
I would therefore haue yo" to Continue y^ Long Swede
in Custody & in Irons untill he can haue his Tryall w'^.'^ shall
be as speedy as my affaires can permitt, eith^ by my presence
or some of y^ Councell sufficiently authorized to heare &
determyn that affaire.
For those of y^ first magnitude Concerned w'-^ him yo"
may eith^ secure them by Imprisonem' or by taking such
' In place of the omitted word, the original has " are " duplicated.
312 Province of New York [xS]
O. w. L. Caution for them to Answer what shall be alleadged & proued
2:503 . & r
(SYSL) against them.
, For y^ rest of y" poore deluded sort, I thinke y^ Advice
Sept. rs of their owne Countrymen is not to be despised, who knowing
their temper well, p''scribe a method for keeping them in
ord^ w*^.'' is seuerity & laying such Taxes on them as may
not giue them liberty to Entertaine any other thoughts but
how to discharge them.
I thought that Jaff': Papegay, Armgart Prins had beene so
discreete not to haue intermedled in so unworthy a designe,
for though what she hath Comitted was not of any dangerous
Consequence yet it was a demonstration of their Inclynation
& temper to aduance a strange power & a manifestation of
her high Ingratitude for all those Indulgences & fauours she
hath receiued from those in Authority over her.
I perceiue y^ Little Domine hath played y^ Trumpeter
to this disordr, I referr y'' quality of his punishm' to yo^
discretions.
I haue rec'? a Peticon from diuers of the Inhabitants at
De la ware in y^ behalfe of those that Joyned w'f' y^ Long
Finne it came inclosed in M^ Cousturiers Letter but I shall
take little notice of it since it came not by yoT hands howeuer
if they shall make any further a Publication to yo") about
it & yo'^ send it to me w"? yo^ aduice thereupon I shall doe
therein what shall be thought most fitting & conuenient I
haue no more but to recomend y^ continuance of yoT care
of this & y^ rest of y^ publique affaires in yo^ ptes to yo''
prudence & discretion w*^*? is uery much relyed upon by
Gent
Yor affecconate Loving freind
[Francis Lovelace.]
Fort James in New
York this 15'.'' day of
September 1669.
[5i°]
Collateral and Illustrative Documents
313
To Capt" Jn? Carr & y'^ Schout & Comissaryes O. W. L.
at New Castle upon De la ware. (HYSL)
I Doe thlnke it would not be amisse if for punishm' to y«
simpler sort of those who haue beene drawne into this
Comotion yo"i injoyned them to labour sometymes in y"
reparation of y'' workes about y'= Fort, But for John Stalcop
be sure he be secured in like manner as the Long Sweed, He
Hauing beene I perceiue a Cheife fFomentor as well as an
Acto^ in this by them Intended Tragedy, The mischeife
whereof is like to fall upon their owne heads.
1669
Sept. 15
The Governo'^^ Cofnon for y*
Tryall of severall Persons at
Delaware.
Francis Lovelace EsqT &c To all to whome theise p''sents
shall come sendeth Greeting
Whereas there hath lately hapned an Insurrection at
Delaware by some evill mynded persons Enemyes to his
Ma*!^ & y^ Peace of this Governm' w"^*^ might have proved
of dangerous Consequence had not Ring leaders beene sur-
prised & so prevented of their wicked designe by y*' vigil-
ance & Care of y" Officers there All w"^?* having beene
represented unto me I haue w'."^ y^ advice of my Councell
made some Resolucons thereupon y® w*^.*^ are speedily to be
putt in Execution I haue therefore thought fitt to nominate
constitute & appoint, & by theise p''sents doe nominate Con-
stitute & appoint yo" [One line left blank for the names] to
be Com" to give Ord^ & to take Care that The Acte of
Councell be put in Execution accordingly. Giving yo" or
any five of yo" of w^.'^ M^ Matthias Nicolls to be one &
President power to call before yo" any such person or persons
C. A.
2:437
(NYSL)
1669
Nov. 2:
3H
Province of New York
W
C. A.
2 •■ 437
(NYSL)
1669
Nov. 22
as are now in hold upon this Occasion & to pronounce
sentence against them according to y^ directions herew"?
given yo" And alsoe that yo" cause all others suspected to
be Guilty to be suiiioned to make their appearance before
yo" & as their demeritts shall be thatyo" impose such mulct or
fyne upon them or any of them for y" use of his Ma'i^ as
shall seeme best to yo^ discretions, And if need be that yo"
Administer an Oath to any person, or persons for y*^ better
clearing of y^ Truth, y^ w'^^ Oath yo" are hereby Impowred
to giue. And also that yo" Comitt any refractory person or
notorious offender to prison, or any other Release as yo"
shall see cause, of all w'^.'' yo" are to rend^ me a due Account,
& for w'ever yo" shall Acte or doe in prosecution hereof
this my present Comission shall be yor sufficient warrant &
discharge, Given undr my hand & sealed w"? y'= Scale of y'
Colony at ffort James in New Yorke this 22*?" day of Novem-
ber in y^ 21*^ yeare of his Ma'"^^ Raigne Annocp Dfii
1669.
[Francis Lovelace.]
Col. MSS.
20:4
CNYSL)
1669
Dec. 6
The forme of holding the Co^ at the
Fort in Newcastle vpon Delaware
River, for the Tryall of the Long
Finne &c. about the late Insurrection.
Decemb. y": 6- 1669.
Vpon the meeting of the Co^ let Proclamacon bee made
by saying O Yes, O Yes, O Yes Silence is commanded in
the Co^ whilst his Ma''^^ Cofnission^^ are sitting, vpon paine
of Imprisonment.
Lett the Coiiiission bee read & the Coinissionr^ called vpon
afterwards; [if] any shall bee absent let their n[ames] bee
Recorded
[h] Collateral and Illustrative Documents 315
Then let the Proclamacon bee made again by O Yes, as Col. MSS.
before, after which say, All manner of Persons that have any (NYSL)
thing to doe at this speciall Co^' held by Comission from
the Right HoM^ Francis Lovelace Esq^ Governor Gen" vnder Dec. 6
his Royall Highnesse the Duke [o]f [Yor]ke of all his Terri-
tories in America, draw neare & give yor attendance, & if
any one have any Plaint to enter, or Suite to prosecute, let
them come forth & they shall bee heard.
After this let a Jury of twelve good men bee empannelled.
Then let the Long Finne (Prisoner in the Fort) bee called
for & brought to the Barr.
Vpon which the Jury is to bee called over & numbred one,
two, &c & if the Prisoner have no Exception against either
of them Let them bee sworn[e] as directed in the Booke of
Lawes for Tryall of Criminalls, & bid to looke vpon the
Prisoner at the Barre.
The forme of the Oath is as foUoweth
You doe sweare by the Everliving God that you will con-
scientiously try & deliver yo^ verdict betweene o^ Soveraigne
Lord the King, & the Prisoner at the Barre according to
Evidence & the lawes of this Countrey, So helpe you God &
the Contents of this booke.
Then let the Prisoner bee againe called vpon & bid to hold
vp his Right hand, viz* John Binckson alias Marcus Conings-
marke, alias Coningsmarcus, alias Matheus Hincks How
[swearest thou ?] '
Then proceed with the Indictment as foUoweth.
John Binckson, Thou standest here endicted by the name
of John Binckson alias Coningsmarke, alias Coningsmarcus
alias Matheus Hencks, alias XX, for that having not the
feare of God before thine Eyes but being instigated by the
devill, Vpon or about the zS':^ day of August in y'= 21^
■ Original mutilated.
3i6 Province of New York [^]
Col. MSS. yeare of the Raigne of o^ soveraigne Lord Charles the
(NYSL) 2^ by the Grace of God of England, Scotland ffrance &
Ireland King Defends of the Faith &c Annoc^ Domini 1669.
Dec. 6 at Christina.
& at severall other times & places before, Thou didst
most wickedly, traiterously feloniously & maliciously
conspire and attempt to invade by force of Armas this
Government setled vnder the allegiance & protection of his
Ma'"', & also didst most traiterously solicite & entice divers
& threaten others of his Ma''^"" good Subjects to betray
their allegiance to his Ma"^ the King of England, persuad-
ing them to revolt & adhere to a forraigne Prince that is to
say, to The King of Sw^eden, In prosecucon whereof, thou
didst appoint & cause to bee held many Riotous, Routous
& Vnlawfull Assemblyes [againjst [th]e Peace of o^ S[over-
aig]ne Lord the King, & the Lawes of this Government in
such cases provided.
John Binckson, &c. what hast thou to say for thyselfe.
Art thou Guilty of the Felony & Treason layd to thy Charge
or not Guilty .?
If hee say not Guilty. Then aske him By whom wilt thou
bee try'de. If hee say by God & his Countrey, say God send
thee a good Deliverance.
Then call the wittnesses & let them bee sworne either to their
Testim[onies] [as] ' already giuen in, or to what they will
then declare vpon their Oathes.
Vpon which The Jury is to have their Charge giuen them,
directing them to find the matter of Fact according to Evi-
dence, & then let them bee called over as they goe out to
consult vpon their Verdict in which they must all agree.
When the Jury returnes to deliver in their Verdict to the
Co^, let them bee called over againe, & then ask't.
' Original mutilated.
m
Collateral and Illustrative Documents
317
1669
Dec. 6
Gent. Are you agreed vpon yo'' Verdict in this Case in Col. MSS.
difference betweene o^ soveraign Lord the King & the (NYSL)
prisoner at the Barr. vpon their saying Yes, Aske who
shall speake for you Then the [Jury] the Forenn[an] f[or]
[t]hem [shall give] in their Verdict the w''.'' is to bee [recorded.] '
Then read the Verdict & say Gentlemen this is yo'' Verdict,
vpon w'^^ you are all agreed, vpon their saying yes Call
that the Prisoner bee taken from the barre & secured.
Endorsed:
No 15
Forme of Tryall
Long Finne. 166
Dec^ 6'^
A list of the inhabitants that was Confederets ^^- '^''f ^•
20: 5
with the long ffin and had the marke (NYSL)
and their ffines
gilders
John Stolcup 1500
Jens Vstas 0830
Henerick: Coalman 0930
Olla ffrancis 1500
John Powles 0150
Andries Johnson 0050
Hans Petterson 0100
Neals Nealson 0300
Mathias Nealson 0100
Charles Johnson 0300
Mons Powson .... 300
Henerick Anderson 200
>- Lawsa Eskelson . . 050
Simon Johnson... 100
Erick Vrianson. . . 200
Mathias Bartleson. lOO
Erike Matson 200
Lawsa Wolson. .. . 100
Lawsa Corneleson. 100
John Matson 150
1669
December
■ Original mutilated.
3i8
Province of New York
r^]
Col. MSS. rgildersl
20 : S Lb J
(NYSL) Hans Wolason oioo ^ Event the ffin .... 300
Hans Hoofman 0^00 Andries: Andrieson oqo
1669 . r
December John Henerics 0300 Paules Lawrson. l[oo]
Paules Lawrson 0100 J Mathias Matson.. 100
Olla Torsa 0100 ~| Marcus Laurson. . 050
Henerick Nealson 0100 !
Laurans Carolus minister. 0600 1 2IOO
Margerett Matson widdow. 0100^
John Peterson 0100 ^
Battle Parker 0100 L
Samuell Peterson 0050 j
7710
Endorsed:
A List of Delinque[nts]
with the Long ffin
Dec^ 1669.'
Col. MSS. A liste of the fines about the
(HYSL) RebeUion of the Long Finne.
Guild" sew'
1669 Evert Hendricksen 300
December i\/r r> i
Mat Bertelsen 100
Simon Jansen 100
Las Oleson 100
Erick Ericksen 100
Jan Matse 150
Samuell Pietersen 50
Las Eskell 50
Erick Matsen 200
Bertie Hendricksen lOO
Hendrick Anderson 200
1450
' The date was inserted by Secretary NicoUs.
r^]
Collateral and Illustrative Documents
319
[Guild"
Mons Paulsen 300
Las Cornelissen 150
Andries Andriesen 50
Paul Larsen lOO
Jan Stalcop 1500
OUe Fransen 2000
Dtrck Jansen loo
Hendrick Colman 930
Matijs Matsen 100
Hans Pietersen 100
Paul Jansens Vrow 100
Neils Nielsen 300
Hendrick Nielsen 100
Mat Nielsen lOO
Olle Oelsen loo
Paul Larsen lOO
Carel Jansen 300
Mons Jansen lOO
Carel Monsen lOO
Hans Hopman 300
Juns Junstersen 1500
G:
Heer Lars 800
Another Hans Pietersen 100
Jan Paulsen lOO
Andries Junsen lOO
Jan Hendrickse of Marcus Kill 300
Marcus 50
sew']
Col. MSS.
20: 6
(NYSL)
1669
December
5430
3000
Sew'
1450
320 Province of New York [xT]
C01.MSS. [Guild^= sew*]
(HYSL) Besides this sume every one or 3000
the greatest ^t paid to the 543°
December Stebo' — 14 G. & some 28. G. 1450
Transcribed & Examined by
mee at Newcastle.
May 11^ 1675.
Matthias Nicolls. Seer.
Endorsed:
List of the Fines
about the Long
Finne.
DecT 1669.
Col. MSS. Charges about the long ffin
"330
tNYSL)
To John Henery.
[dmPI Michaell Baroon 2454
Neals Matsa 0607
John Harmons 0235
Gisbert Dericks 1 107
Barnard the Smith 01 10
Albert Johnson 01 15
Mathias Conradus 0200
Neals Lawsa oioo
Petter Alricks 0100
M'" Tom 0650
Endorsed : 6542
A list of Charges
about the long ffin
> This was a messenger of the court
r^i
Collateral and Illustrative Documents
321
[Prisoners
H[an]s Block
deported ;
at Newcastle.]
27
25
135
5
Col. MSS.
20:8
(NYSL)
1669
Dec. 13
Jur[ie]n Janse
135
54
675
135
Matijs Eschelsen
675
50
Ha[ns] Pietersen
85
Andres Matsen
More. 16.
The Domini '
Harmen Reyners
Neals Lawson &
3. more
Rec'^ 50 sche
;ple of wheat
of C. Carre,^ there is due —
-85
scheple.
Deer 13.
1669.
On reverse:
The 2 schippers
haue rec'' on board
with
each prisoner a bed
, blancket
p'' of bilboes & Lock.
> The reference is apparently to Laurans Carolus, the minister to the
Swedes.
' Captain Carr
[21]
322
Province of New York
m
C.A.
2:464
(KYSL)
1669/70
Jan. 26
[Memorandum]
January 26'.'' 1669.
This day y^ Long ffinne called Marcus Jacobsen was by
warr' put on board Mr Cosseaus Ship called y*" Fort Albany
to be Transported & Sould at y"^ Barbadoes according to y^
Sentence of Court at Delaware for his attempting rebellion,
He had beene a Prisoner in y* State house ever since y^ 20'?
day of Decembr last.
C. A.
2: 460
(NYSL)
An Ordr for y^ Transportation of y'' Lonj
Finne to Barbadoes.
1669/70
Jan. 28
Whereas Marcus Jacobs comonly called y'= Long Finne,
hauing for some great misdemeanor forfeited his liberty &
life if y'' strictnesse of y^ Law had beene put in Execution
but through y^ Clemency & fauour of the Governor & Coun-
cell had sentence onely to receiue some Corporall punishm'
& also to be transported & sould into some of y" Remoter
Plantations from y'^ place where he committed y^ Fact,
These are to Impower yo" when yo" shall haue brought y"
said Marcus Jacobs ats y" Long Finne to y" Barbadoes,
That yo" cause him to be sould for a Servant to y" best
advantage for y^ space of Power yeares or y" usuall tyme
servants are there sould at, & that yo" make retorne of the
produce to this Porte, deducting y^ charges of his passage,
& othr necessary Expences about him And for so doing this
shall be yo^ warr' Given undr my hand at Fort James in
New Yorke this 28'^ day of January 1669.
[Francis Lovelace.]
Collateral and Illustrative Documents 323
No. XII.
DELAWARE — RAPE BY AN INDIAN.
The Gouerno'^^^ Lre to Capt" Carre. ^* ^'
r 2:42s
(NYSL)
I haue rec4 yo^ Lre of y^ 25'-*' of September by Hendrick
de Loper' wherein yo" giue me y*^ relation of a foule fact Oct. 19
comitted by y" Indian upon y" body of Xpian Womans what
yo" & y^ rest of y^ Com"^^^ haue done in prosecution of him
& sentencing him to death I doe very well approue of but
I am informed he is since broken out of prison if so lett him
be lookt after & y^ Sachem undv whome he is to [sic for so]
that he may be surrendred; & Justice Executed upon him
As to y*^ long ffinne who attempted his Escape likewise lett
him be kept safe a little longer untill I send some Com"
from hence to Examyne into y" whole matter w'^^ shall be
w^'in a month but I would not haue y^ ordinary people
who he drew in be too much frighted, since I haue thought
fitt to Excuse them by a peneary mulct to be imposed upon
them as they shall appeare more or lesse Guilty This is
all at p'^sent to recomend to yo^ being
Yo^ Loving freind
Fr: Louelace.
Fort James 19'.'' OctobT 1669.
' For a note and references to Hendrick Droogestraet alias Hendrick de
Loper, see p. 162, supra.
324
Province of New York
[xm]
No. XIII.
DELAWARE — CASE OF WILLIAM DOUGLAS.
C. A.
2:470
(nysl;
1669/70
Feb. 25
[Memorandum]
¥eh^y 25'^ 1669.
This Day was Wiltm Douglas releast from out of y®
prison in y= State house, where he had beene Comitted for
misdemeanor at y^ Hoar=kilI ever since y" 20'-'' of Decemb-
last, He was sent into y'' North, hauing giuen security by
his bond not to retorne into this Governm'
C. A.
2: 470
1669/70
Feb. 26
The Governo'? Lre to Delaware.
(NYs'l) Loving Freinds
I haue beene Informed of y^ seuerall miscarriages of Wittm
Douglas in yo^ partes & of your care to prevent his doeing
any further mischeife by carrying him a PrisonT to Delaware
from thence he hath beene remitted hith^ where he hath
continued a Prison^ untill yesterday, he is sent away to y^
Eastward w*^ Caution not to retorne into this Governm' or
amongst yo", I do well approue of what yoH did about him.
If any such person shall hereaft^ p^'sume to disturbe yo" or
to breake his Ma*'?^ peace there, I haue sent a Cofnission
Empowring some of yo4 to suppresse them & do recomend
to yo" to follow y'' directions sent yo" therein & in my Letter
w"!" is all at p''sent from
Yo'' very Loving freind
[Francis Lovelace.]
Fort James in N. Yorke
26'" Feh'Y 1669.
[xmJ
Collateral and Illustrative Documents
325
[Memorandum]
Feb -7 28'? 1669.
C. A.
2:471
(NYSL)
There was a Comission & Lre of Instruction in Dutch 1669/70
Feb. 28
undr y'^ Governo" hand & scale this day sent to y'^ Hoare
Kill by Peter Alricks Ketch for y" Persons hereund^
men coned
Hermans Fredericksen — to be Schout.
Sander Malsen
Otto Walgast
Willm Claesen
To be Comissaryes
They are to keep good Orders there for his Roy" High-
ness, & to trye all matters of diflFerence und^ 10" amongst
themselues, for what shall be aboue they are to apply them-
selues to New Yorke, & so for all Cryminalls.
Warrt for y^ clapping of W™ Douglas ®- ^•
T, • 4- 244
m rnson. (nysl)
These are in his Ma*'?^ name to require you to take into
yo'^ Custody y^ Body of W™ Douglas brought hither a
Prisoner from New Castle in Delaware in the Sloope of
John Schouten, hee having been formerly banisht out of
this Governm' for great Misdemeanours; & that you him
safely keep in Custody without Bayle or Main-prize until!
you shall receive farther Order concerning the same; And
for soe doeing this shall bee yo^ Warrant. Given under my
hand &c: this 16*'' day if DecembT 1672.
[Francis Lovelace.]
M' AUard Anthony Sheriffe
of this City or his Deputy.
1672
Dec. 16
326 Province of New York [xfv]
No. XIV.
NEWTOWN — CASE OF ABRAHAM FROST .
^,- ^ An Ord^ for suspending y^ Execution ag?
(HYSL) ye Estate of Abraham fFrost.
Aot °i Whereas Complaint hath beene made unto me by Abraham
fFrost of New Towne who hath had Execution served upon
his Estate for Two sumes of money y"^ one obteyned ag'
him by Judgment at y*^ suite of William Osburne & y" oth^
of John ffirman, y^ w'^^ he alleadges was done by misin-
formation of y" Col'' & want of Evidence, w'^!' he now hath
& y^ said ffrost declaring his poore Condition & ruin if he
shall be forced to pay y" said sufnes & offering good security
to stand to y" Judgment of anoth^ Court I haue by & w'^ y^
advice ofmyCouncell thought fitt to ord^ & declare & bytheise
p^'sents do ordr & declare, that y^ Executions served do
stand good, but sale of y^ Estate or disposall of y" goods, is
to be suspended upon his giving good security to y*^ high
Sheriffe or his Deputye that noe parte of y^ said Estate or
Goods shall be Imbezel'd untill y'= Pet^ hath had a Tryall
at Law against y^ said William Osborne & John ffirman
w"^ is to be at the next Court of Sessions when if it shall
appeare that they obteyned their Judgm* of Court & Execu-
tion thereupon by misinformation. Then y^ said Abraham
ffrost & his Estate shall be released from y"^ Executions, but
if it shall happen to be otherwise all new as well as y'^ old
charges are to be borne by y"^ said ffrost for y^ w'^!' y^ security
is to engage Giuen und^ my hand this first day of Aprill
1670.
[Francis Lovelace.]
Collateral and Illustrative Documents
327
No. XV.
CONTROVERSY BETWEEN NICASIUS DE SILLE
AND CATHARINA, HIS WIFE, ABOUT THEIR
ESTATES.
An Ord^ for M^ Steenwick MayoT to C. A.
indeauo^ a Composure of the difference (nysL)
betweene Nicasius de Sille & his wife.
Upon a Petition & request to me made by Nicasius de
Sille that a certaine matter in difference betweene him &
his wife concerning y^ sale of a house or oth^ businesses
relating to their Estate, may be referred to some indifferent
persons as Com''f toExamyneinto& adjudge y'' case betweenes
them I doe hereby recomend it to M^ Cornelijs Steenwick
MayoT of this City to endeauour a Composure in w".'' if hee
succeed not that he nominate & appoint foure or fiue good
& discreet men of this place to be Com'^^'' to heare & Examyne
into what shall be alleadged on both partes & to giue their
Judgmt & determynation thereupon of w"!" they are to rend^
me an Account, Given und^ my hand at ffort James in New
Yorke this S'.'' day of March in y'' 22*'' yeare of his Ma"?^
Raigne Annocp Domini 1669. [Francis Lovelace.]
1669/70
Mar. 8
An Ord^ for Composing y" Difference between C. A.
Nicasius de Sille & Katharina his wife. (NYSL;
Whereas Complaint was made unto me of a certaine 1670
matter in difference betweene Nicasius de Sille & Katharina
his wife, y" w''^ I thought good to referr y'= hearing & Exam-
ination of, unto M'^ Cornelijs Steenwick Mayo^ of this Citty
328
Province of New York
E'v]
C. A.
2:488
(HYSL)
1670
Apr. I
to endeavour a Composure in w".'' if he succeeded not to
appoint some able & discreet persons to doe y" same, The
w'^'' having beene done & a result of their opinion thereupon
retorned unto me undT their hands, upon perusall thereof I
haue thought fitt by & w'^ y^ advice of my Councell to ord'
& appoint & by theise p''sents do ord^ & appoint, that y®
same Commission''? nominated & appointed by Mr Mayo'
do w'Mn 15. days aft^ y*" date hereof take an Account of y®
Debts both of y" husband & wife w"!" they are to Deliuer in
upon their Oaths (w''.'' Oath they are hereby Empowred to
glue,) To y*" End a better Estimate may be made of y^ re-
mayning parte of y" Estate w"? shall then be taken into
Consideration how it shall be disposed of according to Equity
& good Conscience Given und- my hand at fFort James in
Nevp Yorke this i^' day of Aprill 1670.
[Francis Lovelace.]
C. A.
2: 511
(NYSL)
A Confirmacon of y* Report & proceedings
of y^ Com"? in y^ Cause betweene Nicasius
de Sille & his wife
1670
Apr. 21
Whereas upon my last Ord^ to M^ Cornelijs van Ruyven,
M^ Oloffe Stevens van Cortlandt M^ Paulus Leendertse,
Mr Johannes van Brugh & M^ Johannes de Piester Commis-
sion"^^ appointed to Examyne into y^ matters in difference
betweene Nicasius de Sille & Katherina his wife & to re-
ceiue an Account of y® debility of y" husband & wife The
w"^? accordingly they haue done, as also of y'^ Estate in their
hands or belonging to them both reall & personall who suc-
ceeding not in their endeavours of a Composure betweene
them y^ w*^!* I first recomended haue represented a very just
& equitable way of satisfying their debts & to make an
equall division of y" remayning parte of y^ Estate betweene
Ev]
Collateral and Illustrative Documents
329
them as in y^ Reporte undT their hands is more perticulerly
sett forth Upon mature deliberation & consideration of y*"
p'^misses I doe hereby declare, That I doe very well approve
of y^ proceedings & result of y*" said Com"^ who seeme to
haue Acted herein w"^ much integrity & w'^'out partiality,
And therefore according to their Judgment & result I doe
ord^ in y^ first place that y^ farme Cattle houses Lotts &
appurtenances belonging to y*^ said Nicasius de Sille at New
Utrecht be first exposed to sale by publique Outcry either
at Midwout or some other Convenient place upon Long
Island of w'^^ the neighbouring Townes are to haue Eight
dayes notice at least Aftr w*^*^ I doe likewise recomend &
Ordr the observance of the remayning parte of y® said Com"
result, To w'^'' end & that y*^ proceedings thereupon may y®
more regularly & w*!^ greatest indifFerency be prosecuted,
I referr it to y'' said Nicasius de Sille to appoint one good
person .ii trust to look aft^ his concerns in this matter, &
to Katherine his wife to take anoth^ who are to acte indif-
ferently betweene them, & to y^ best of their advantage.
The w'=^ if y'' husband & wife or eith^ of them shall neglect
to doe w*''in Eight dayes aftr y*" date hereof. It shall be
recomended to some oth^ persons to do y® same that at length
conclusion may be put to this troublesome affaire Given
und^ my hand & seale this 21"" day of Aprill in y^ az*-"" yeare
of his Ma*'.^= Raigne Annoq) Dm 1670.
[Francis Lovelace.]
C. A.
2: Sii
(NYSL)
1670
Apr. 21
A Comission graunted to Nicasius de Sille C. A.
2:513
to be Publique Notary for y^ Towne of (nysl)
Flatt bush. &c.
Francis Lovelace Esq^ &c Whereas it is thought Con-
venient that there should be a sworne Publique notary in
1670
Apr. 25
330
Province of New York
I desires to officiate and Exercise
conceiued a good opinion of y*
^A. some one of y^ Dutch Townes upon Long Island, where
(HYSL) he may be usefull to y^ Inhabitants in Gen"^" & M^ Nicasius
de Sille hauing an Intent to resyde in y'' Towne of Midwout
Apr. 25 alias Flatt bush where h
that office, And having
Capacity & fittnes of y'^ said Nicasius de Sille, I haue thought
fitt to nominate & appoint & by this my p''sent Comission
do nominate constitute & appoint him y*" said Nicasius de
Sille to be publique notary for y^ Towne of Mydwout alias
Flatt bush & places adjacent, By vertue of w'^'' Comission he
hath power to attest any Deeds Instrum'? Wills Testam"
Codicills Contracts Covenants or any othi Acte or Acts as
Publique Notaryes haue usually power to doe as also to take
& receiue such priuiledges & advantages as to y^ Office of a
Publique Notarye doth any way belonge or appertayne, he
taking y^ Oath in y*^ Lawes appointed for y'' due perfourmance
of y'' trust reposed in him. Given und^ my hand & sealed w'*".
y'^ Seale of y'' Province at Fort James in New Yorke this
25"? day of Aprill in y^ 22*^ yeare of his Ma'"?'' Raigne
Annoc^ Domini 1670.
[Francis Lovelace.]
C. A.
2:514
(NYSL)
1670
Apr. 25
The Governo'^^^ approbation & Confirmation of
y^ Choyce of psons nominated to Acte in the
businesse betweene Nicasius de Sille & Catherina
his wife.
Whereas in my last ord- of y" 2l'^ of this p''sent month in
y'^ matter in difference betweene Nicasius de Sille & Catherina
his wife it was recomended to y^ said persons each of them to
appoint one good man in trust to look aftT their Concemes
in y^ sale of their Lands or goods & disposall thereof as in y®
said ordr is more pticulerly sett forth, & y^ said Nicasius
[xvij
Collateral and Illustrative Documents
331
de Sille hauing giuen in to me und^ his hand that he doth
appoint Isaack Greveratt to Acte in Trust for him, & y®
said Katherina having likewise nominated Paulus Leendertse
van der Grift to acte in her Concernes, I doe very well approue
of their Choyce & y° said persons so nominated & approved
of as aforesaid are hereby appointed & impowred to Acte
according to my former ord" in prosecution of what hath
beene done by y* Com"? whose directions und^ their hands
they are to obserue to y'' utmost of their power & for their
acting herein this shall be to them a sufficient warrant.
Given und^ my hand at Fort James in New Yorke this 25*^
day of Aprill 1670.
[Francis Lovelace.]
C. A.
2:514
(NYSL)
1670
Apr. 25
No. XVI.
DIVORCE CASE OF REBECCA LEVERIDGE
AGAINST ELEAZAR LEVERIDGE, OF HUNT-
INGTON, LONG ISLAND.
The Governo^.'' Lre to M^ Wood.
M^ Wood '
I haue rec"? a Peticon from Rebecka y® wife of Eleazer
Leveredg of yo^ Towne by y" hands of her father Nicholas
Wright of w''.'' I herew*'' send yo" a Copy The occasion
thereof being well knowne to yo*? (as I am informed) I shall
desire yo" to Acquaint me in wryting what hath already past
concerning this matter in difference betweene y" husband &
wife w'.'' what yo" can make further Inquiry of touching y®
> Jonas Wood.
C. A.
2:477
(NYSL)
1669/70
Mar. g
332
Province of New York
[xviJ
C. A.
2:477
(NYSL)
1669/70
Mai. 9
same, & retorne me a speedy Ace' thereof Togethr yo'
Opinion of y" whole Case Whereupon I shall endeauo^ to
proceed in decision of y^ matter according to Law & good
Conscience, This is all at p'"sent from
Yo'' very Loving freind
Fran Louelace
Fort James in New Yorke
March 9'> 1669.
C. A.
2:486
(NYSL)
1670
Apr. I
An Ordr for y* hearing y® matter in difference
betweene Eleazer Leveridg of Huntington & his
wife Rebecka at a Speclall Court to be houlden
in this Citty.
Whereas Nicholas Wright of Oyster bay hath on y^ behalfe
of Rebeckah his daught^ wife of Eleazer Leveridg of Hunt-
ington made Complaint unto me of y" uncomfortable con-
dition wherein his said Daughter hath for diuers yeares past
lined w*^ her said husband & there haueing beene formerly
seuerall Complaints made both on y^ parte of y" Relations
of y^ husband as well as those of y*^ wife suggesting some
notorious fault or impediment on y* one syde or y*^ other
w'^^ hitherto hath not beene fully or clearely made appeare,
so that their mutuall discords & differences doe still continue,
To y^ end a faire Composure of y" same may be effected or
some other Lawfull course taken therein, I haue by & w*.''
y^ advice & consent of my Councell thought fitt to ordv &
appoint & by theise p'"sents do ord^ & appoint that Eleazer
Leveridg & Rebeckah his wife doe appeare here in this
Citty upon Wednesday y" fourth day of May next before a
speciall Court then appointed to Examyne into & determyne
y" matter in difference betweene them, & all persons con-
cerned, or that can giue in evidence on either parte are
[Ivi] Collateral and Illustrative Documents 333
likewise hereby required to make their appearance before ^- A.
y'' said Court for y* better clearing of y^ truth, so that y^ (NYSL)
controversy may be decided according to Law & good con-
science, Giuen undr my hand at fFort James in New Yorke Apr. i
this I"? day of April! 1670. [Francis Lovelace.]
To all Persons whome this may Conceme.
A Comission graunted to MT Thomas ''• ^•
... 2:522
Lovelace & oth" to inquire into y^ matt^ (NYSL)
betweene Eleazer Leveredg & Rebecka
his wife.
Whereas Complaint hath beene made unto me by Nicholas 1670
Wright on y" behalfe of Rebeckah his DaughtT ag' Eleazer
Leveredg her husband & also by y° said Rebeckah against
him y'^ said Eleazer that hauing beene joyned in matrimonye
fory" space of seauen yeares & a halfe or thereabouts he y^
said husband hath not perfourmed Conjugall Rights unto
his wife, but on y^ contrary hath caused her to lead a very
uncomfortable life w*.^ him, And the said fFather & daughtt
upon supposition of Impotency & insufficiency in y" said
Eleazer Leveridg hauing sued for a divorce, the hearing &
Examinacon into w"^^ matt^ I do not judg meet should come
before a publique Court, I haue therefore thought fitt to
nominate & appoint & by theise p'sents do hereby nominate
& appoint yoV Thomas Lovelace Esq^ M^ Samuell Maverick
M- Matthias Nicolls Capt" John Manning & M^ Humphrey
Davenport to be Com''^ to meet at some Convenient place
this afternoon then & there to heare & Examyn into this
matter in difference betweene y* said Eleazer Leveredg &
Rebeckah his wife. To w'^^ end yo" are to call both y^ partyes
before yo" or whosoever else can Giue Evidence or Testi-
334
Province of New York
LxviJ
C. A.
2:522
(NYSL)
1670
May 6
monye in y"^ matter To whome yo" may administer an Oath
for y^ bett^ clearing of y^ truth w"^^ Oath yo" are hereby
Empowred to giue as also to Employ any oth^ person or per-
sons skilfull in such matters to make inquiry into y"^ defect
& impediments alleadged whereupon you are to giue yo^
Judgm'? & rendr me an Account thereof that I may make
some finall determination thereupon Given und^ my hand
& scale this 6'^ day of May in y'' 22*?* yeare of his Ma''?^
Raigne Annoq^ Domini 1670. [Francis Lovelace.]
C. A.
2:519
(NYSL)
The Govemo"? Instructions to y* Com*?
appointed to inquire into y^ matt^
betweene Eliezer Leveridg & Rebecka
his wife.
1670
May 6
Whereas a certaine Petition was p^'sented to me from
Rebecka Leveredg wife to Eliazer Leveredg of Huntington
Complayning that she being his reputed wife for y'^ space of
seaven yeares & a halfe, hath in all that tyme receiued no
due benevolence from y'' said Eleazer according to y"' true
intention of matrimony The great end of w'^.^ is not onely
to Extinguish those Fleshly desires & appetites incident to
humane nature but likewise for y" well ordering & confirma-
con of the Right of meum & tuum to be devolved upon y"
Posterity lawfully begotten betwixt man & wife according
to y^ Lawes of y*" Land & practise of all Christian Nations
in that Case provided, I haue therefore thought fitt (for
some reasons me thereunto moving) not to Assume y*
Examynacon of y^ Case of Impotence into my hand but
referr y^ debate of that to such persons as by a Comission
undr my hand & scale I shall authorise fully to heare that
matter & to make a Report thereof to me who thereupon
will giue in my determynation as the Justice of y" Cause
[x^
Collateral and Illustrative Documents
335
shall meritt, And for y'' future Execution of y" said Com°"
I giue theise further directions.
First in regard y" prayer of y^ Petition implyes a divorce
(for y*" reasons alleadged therein) you are principally to
inquire wheth^ they are man & wife according to y^ Lawes
& practise of that Governm' that was Establis'ht over them.
Secondly if it shall appeare to yo" to y'^ contrary that then
y^ partyes be bound ouer y" next Sessions, there to answer
their Contempt & breach of y*" Law.
But if it shall appeare before yo" that they were lawfully
Espoused to each othr according to the Law in that Case
provided that then yoH enter into y" debate & determination
of y" insufficiency alleadged by Rebeckah Leveredg wife to
Eleazer her reputed husband as is alleadged in the Petition
concerning his sufficiency for procreation y" true end of
matrimony to y^ Accomplishm' of w".*" yoH haue by yo'
Comission ordT to Convene a Councell of y'' ablest Chirur-
gions or other knowing persons in such case for y'^ Exaiacon of
Eleazer Leveredg his sufficiency for procreation or y'' defici-
ency of Rebecka Leveridg y^ reputed wife of Eleazer by
authorising such graue & skilfull Matrons to Examyn into
y= Sufficiency or defect of hir nature in Case any should
appeare & to retorne you an Account thereof w"-'' likewise
yo" are to Transmitt to me togeth^ w'f" your results &
opinions of yo^ Judgments of y*" whole matter coinitted to
yo^ hearing according to yo^ Coinission & Instructions.
May y^ 6'.'' 1670. [Francis Lovelace.]
c. A.
2:519
(NYSL)
1670
May 6
A Divorce eraunted to Rebeckah C. A.
° 2 : 607
Wright from Eleazer Levendg. (NYSL)
Whereas Nicholas Wright of Oysterbay on y? behalfe of oct.^22
his Daughtr Rebeckah y": wife of Eleazer Leveridg, & y''.
33^ Province of New York [lvi]
2^'6^7 said Rebeckah for her selfe, did make their Complaint unto
(NYSL) me against y^ said Eleazer Leveridg her husband, That she
having beene his reputed wife for y! space of Seaven yeares
Oct. 22 & a halfe, She hath not in all that tyme Received any due
benevolence from her said husband according to y^ true
Intention of Matrimonye, The greate end of w''.'' is not onely
to Extinguish those fleshly desires & appetites incident to
Humane nature but likewise for y"- well ordering & Confirma-
tion of y? Right of Meum & Tuum to be devolved upon the
Posterity lawfully begotten betwixt man & wife according
to y^ Laws of y" Land & practise of all Christian Nations in
that Case provided, & did therefore sue for a divorce, Where-
upon having appointed Com""? to call both partyes before
them & strictly to Examyne into y^ Affayre & to make report
of their Judgment thereupon y". w"^ after serious inquiry
made by them w'^ y^ Advice of Chirurgions well skill'd &
Sober Matrons who privily Examyned both y^ man & woman,
they made Report of their Judgment & opinion. That y?
defect was in y': husband & not in y? wife, And that there
was sufficient ground for a divorce. All w'^!' being afterwards
represented to my Councell & they having declared them-
selues to agree in y^ Same opinion: For y". Reasons afore
specified, y^ p'tended marriage betweene y^ said Eleazer
Leveridg & Rebeckah Wright is hereby adjudged & declared
to be void null & invalid, Togethr w*!' all y^ Consequences
thereof, & y? said Rebeccah Wright is hereby acquitted made
free & divorced from all p'"tences of marriage or Matrimo-
niall Tyes & obligations betweene her & y? said Eleazer &
ye cca? said Rebh hath likewise free libertye to dispose of her
selfe in Lawfull marriage w'^ any oth^ ^son as if y^ tyes &
Obligations betweene y^ said Eleazer & her had never beene.
Given und^ my hand & Sealed w'^ y^ Seale of y^ Province
this 22*!" day of October in y^ 22*? yeare of his Ma"?^ Raigne
Anno^ Domini 1670.
[Francis Lovelace.]
[xra] Collateral and Illustrative Documents 337
No. XVII.
STATEN ISLAND — FINAL PURCHASE OF ISLAND
FROM INDIANS IN 1670.
The Governo" Lett^ 2-468
Gent (ifYSL)
Having Rec^ a Complaint against yo^ neighbour Indians 1669/70
from Mt Stillwell & Nathan Whitmore on y° behalfe of y"
Inhabitants in Gen"^^" of yo^ Towne & Hkewise heard &
debated what they had to say as to your Jealousyes & feares
of y^ Indians Insolencyes & threatnings grounded upon
their p'^tences that y^ Land there hath not beene paid for,
& that your Horses Hoggs or Cattle haue done them dairiage
in their Corne I haue thought good to retorne yo" this in
answer That in y^ first place yo" send to them & treate w'?
those concerned in a freindly way touching y" purchase of
soe much of that Island as hath not beene already bought
& payd for y" w''.'' can be proued to haue beene perfourmed
in parte notw*^standing their denyall, & that yo" do it as
for yo'^selues, & at as easy a rate as possible, y® w'^^ will
turne to yo^ owne perticuler advantage, & hauing so done
that yo'' cause y"^ same to be remitted to me for a Confirma-
tion, & whether you shall be admitted purchasers or that I
shall comply w*!^ yo^ Agreem* & buy it for his Royall High-
ness, It shall be still for yo^ good & benefitt, I shall onely
expect y*^ p'ference in y*^ purchase on y'' Dukes behalfe, As
to their threatnings yo" ought not to shew y"^ Least appre-
hension of feare of them. But it is yo^ parte to haue a Vigilant
Eye over their Actions & Motions, & that yo" cause a Guard
to be kept in y^ Towne for yo^ defence against any suddaine
mischeife from them, y^ w''.*' as there shall be occasion & I
[22]
^2^ Province of New York [xvn]
*"■' 6*8 ^^"^ notice thereof shall be strengthned w'!' a supply of a
(NYSL) partye of Souldiers & an Officer from hence capable to
offend them as well as to defend yoV. That upon discourse
Feb. i6 of y'^ damage they p'^tend to haue rec'? by yoT horses Cattle
or hoggs yo*^ may shew to them y'' great difficulty of preuent-
ing it as long as their Corne lyes unfen'ct & y^ greate charge
it will be to fence in their ground as it lyes in y'' midst of y*
woods but if they could pitch upon some Neck of Land fitt
for that purpose w'^.'' may w'-*" more ease be fen'ct in, that
yo' will be ready to assist them in setting of it up unless
they'l agree upon Termes to leaue y*" Island wholly — If
yo" can proue that they haue kill'd or destroyed any of yo'
horses Cattle or Hoggs yo" may acquaint them that y®
English Law will Constrayne them to make satisfaction for
them, & that it is no Trespasse for them to come upon any
ground unfenc't, but lett your discourse tend to a friendly
composure of all differences.
In Conclusion yo" may acquaint them, that my resolution
is to be upon y" Island in y'^ spring, when if they haue any
thing extraordinary to propose or Complaint to make, I
shall be ready to ord^ all due satisfaction to be giuen therein
& will endeauoT to remoue all future Occasions of difference
betweene yo"? & them. This is all at p'^sent, I haue to Recoiri-
end to yo^ so conclude being
Yor Very Loving freind
Feb'"?' i6^^ 1669. Fran: Louelace
(NYSL) [Indian Deed of Staten Island, 1670.]
1670 This Indenture made the Thirteenth Day of Aprill in the
and IS 22*^ yeare of the Raigne of o^ Soveraigne Lord Charles the
Second by the Grace of God of England Scotland, ffrance &
' Formerly in Land Papers, vol. I, p. 34, office of Secretary of State.
[^^ Collateral and Illustrative Documents 339
Ireland Kinge Defend^ of the Faith &c & in th[e] yeare of (HYSL)
our Lord God 1670, Between y* R' Hon'"'.^ Francis Lovelace j^^,,
Esqr Governor Gen"^!' und^ his Royall Highness James Duke ^P^- '3
of York & Albany &c Of all his Territoryes in America
for & on y'^ behalfe of his said Royall Highness on y'^ one
parte and Aquepo, Warrines, Minqua-Sachemack, Peman-
towes Quewequeen, Wewanecameck, and Mataris, on y^
behalfe of themsel[ves] as the True Sachems Owners & law-
full Indian Proprietors of Staten Island & of all oth^ Indians
any way concerned therei[n] on y*" other parte Witnesseth,
That for & in consideration of a certaine suirie of Wampom &
divers other goods, w^^ in th[e] Schedule hereunto annext
are Exprest, unto y^ said Sachems in hand paid by the said
Governor fFrancIs Lovelace or his Order, The receipt whereof
they y'^ said Sachems Doe hereby Acknowledg, & to be fully
satisfied, & thereof & every parte thereof Doe for them-
selues & all others concerned their heires and Successors
& every of them clearly acquitt and discharge the said
Governour & his Successors Have given graunted bargained
& sould, & by theise p''sents Doe fully & absolutely give
graunt bargaine & sell untoy'' said ffrancis Lovelace Gover-
nour for & on y" behalfe of his Royall High[''] aforementioned
All that Island lyeing & being in Hudsons Ryver, comonly
called Staten Island & by y'^ Indian[s] Aquehonga Manack-
nong — having on y^ South y'' Bay & Sandy point, on y®
North y" Ryver & y" Citty of New Yorke on Manh[a]tans
Island, on y'' East Long Island, & on y'^ west y'' maine Land
of After Coll, or New-Jersey, Togeth^ w*!" all y* Lands
soy[les] meadowes fresh & salt pastures Comons wood land
Marshes Ryvers Ryvoletts streames Creeks waters Lakes &
whatsoever to y"^ said Island is belonging or any way apper-
teyning, & all & singuler oth^ y^ p''misses w"" th'appur-
tenance[s] & everye parte & parcell thereof, w"'out any
340 Province of New York [xra]
(NYSL) reservation of y'' herbage or Trees or any other thinge grow-
1670 ^"§ ^"^ being thereup[on] And the said Sachems for them-
Apr. 13 selues & all others concerned their heires & successo'^^' Doe
and 15
Covenant to & vp'.^ y^ said Governo'' & his successo"^^^ for &
on y^ behalfe aforesaid in manner & forme following, That
IS to say That they y" said Sachems now are y^ very True
sole & Lawfull Indian Owners of the said Island & all &
singuler of y*^ p'^misses, as being derived [to] them by their
Auncestors, & that now at th'ensealing & delivery of theise
p'"sents they are lawfully seized thereof [to] y*" use of them-
selues their heires & Assignes for ever according to y^ use
& Custome of y^ rest of y'= Native Indians of the Country,
And further That y® said Island now is & at y^ tyme of
Executing of ye said Estate to be made as aforesaid shall
be & from tyme to tyme & at all tymes hereafter shall &
may stand remaine and continue unto y^ said Governor &
his successors to y'' use of his Royall Highness as aforesaid,
free & [c]learly discharged & Acquitted from all & every
former bargaines sales guifts Graunts & Incumbrances
whatsoever And furthermore the said Sachems for them-
selues and all others concerned their heires & Successo'^.^
, Doe Covenant That y^ said Governor his successo''-^ &
Assignes for & on y" behalfe of his Royall Highness as afore-
said shall & may from henceforth forever Lawfully peace-
ably & quietly haue hould possesse & Enjoy all the said
Island w'!^ th' appurtenances & all & every othr y" p'^misses
w*!' their appurtenances w'^'out any Lett resistance Dis-
turbance or interuption of the said Sachems or any others
concerned their heires & successo''? & w'^'out any manner
of Lawfull Lett resistance molestation or interuption of any
other person or persons whatsoever Clayming by from or
under them or any of them And It is likewise Lastly Cov-
enanted & agreed That y"^ said Sachems & y^ rest of the
Between pp. 340 and 341.
>
< O
O D
> 6i
w o
r 2;
2:0
P O
\xm] Collateral and Illustrative Documents 341
Indians concerned w*.*" them now Inhabiting or residing upon (1*YSL)
y" said Island shall haue Free leaue & Liberty to be & jg„
remaine thereupon untill y^ First Day of May next, when Apr. 13
they are to surrend^ the possession thereof unto such person
or persons as y'^ Governor shall please to appoint to see y^
same put in Execution upon w"*" day They are all to Trans-
porte themselues to some other place & to resigne any
Interest or Clayme thereunto or to any parte thereof for-
ever To haue & to hould y^ said Island so bargained &
sould as aforementioned unto y^ said Francis Lovelace
Governor & his successors for & on y'' behalfe of his Royall
Highness his heires & Assignes unto y" proper use & behoof
of his said Royall Highness his heires & Assignes for ever.
In witness whereof ye Partyes to theise p'^sent Indentures
haue Interchangably sett to their hands & seales the day
and yeare first herein wrytten
Sealed & Deliuered in y" p'sence of
The marke of
Corn"^ Steenwijck, Maijor X [Seal]
Aquepo
Tho. Louelace The marke of Aquepo
X [Seal]
Matthias NicoUs on the behalfe of
Warrenes
C V Ruijven The marke of Wawanecameck
X
Oloff Stevens V" Cortlant on the behalfe of [Seal]
Minqua Sachemack
Allard Anthonij The marke of Aquepo
X
Johannes vanbrugh on the behalfe of [Seal]
Pemantowes
342
Province of New York
[xvii]
(NYSL) Gerret van Tricht
1670
Apr. 13 I Bedloo
and 15
Warn. Wessels Constab
William Nicolls
Humphrey dauenport
Cornelis Bedloo
nicholaes Anthonij
The marke of
X [Seaq
Quewequeen
The marke of
X [Seal]
Wawanecameck
The marke of
X [Seal]
Mataris
-4 Youths.
Memorand. That the young Indyans not being present at
the Ensealing & delive[ry] of the within written deed, it
was again delivered & acknowledged before them w[hose]
names are here under written as witnes[ses.]
Aprill the ijli 1670.
Signed in presence of
The Governor
Capt? Manning
The Secretary.
The marke of X Pewowahone.
about 5 yeares old a boy.
The marke of X Rok[o]que[s]
about 6 yeares old a Girle.
The marke of X Shinginnemo.
about 12 yeares old a Girle.
The marke of X Kanarehanse
about 12 yeares old a Girle.
The marke of X Maquadus
about 15 yeares old, a young man.
The marke of X Asheharewas
about 20 yeares old a young man.
IxviiJ
Collateral and Illustrative Documents
343
A ffirkin of Powder
Sixty Barres of Lead
Thirty Axes
Thirty Howes &
Fifty Knives
The Payment Agreed upon for y' Purchase of Staten-
Island Conveyed this Day by y^ Indian Sachems Proprietor
(vizt)
1 Power hundred Fathom
of Wampom
2 Thirty Match Coates
3 Eight Coats of Dozens
made up
4 Thirty Shirts
5 Thirty Kettles
6 Twenty Gunnes
Memorandum It is Covenanted & Agr[eed upon by &
betweene y"] within mentioned Francis Lovelace Esq^ Gov-
erlno*^] &c for & in y'= behalfe of his Royall Highn^? & y^
w^'in wrytten Sache[m]s on y^ behalfe of themselues & all
oth" concerned before th'cnsealing & delivery hereof That
Two or Three of y* said Sachems their heires or successo"^
or so many Persons Imployed by them shall once every
yeare (vizt) upon y'' First day of May yearely after their
surrend^ repair to this flFort to acknowledge their Sale of the
said Staten Island to y® Governour or his Successors to
continue a mutuall freindship betweene them As witness
their hands.
The mark of X Aquepo [The] marke of X Aquepo
on the behalf; of
(NYSL)
1670
Apr. 13
and 15
The mark of
X
Wewanacamec[k]
on y* behalfe of
Minqua Sachemack
The marke of X Aquepo
on behalfe of
Pemantowes
The
Warrines
The marke of
X
Quewequeen
The marke of
X
Wewanecameck
marke of X Mataris.
344
Province of New York
LxviiJ
(HYSL) Endorsed:
1670
Apr. 13
and 15
Staten Island Deed of Purchase
from the Indians*
Apr I [3] 1670
Recorded y^ Day & yeare w^'m
wrytten by me \Two seals\
Matthias Nicolls Seer
C. A.
2:518
(NYSL)
1670
May 2
A warrant for M^ Thomas Lovelace &
M^ Matthias Nicolls to take possion
of Staten Island.
These are to appoint yo" M^ Thomas Lovelace & M^
Matthias [Nicolls] to repayre this day to Staten Island there
to take possession by Turfe & Tvi^igge & y*" surrendr of y"^
said Island by y'' Indian Sachems & Proprietors in y^ name
of his Royall Highness according to y" Teno^ of y'^ bill of
Sale & Purchase, & for so doeing this shall be yo^ warrant,
Given undr my hand at fFort James in New Yorke this z"^-
day of May 1670.
[Francis Lovelace.]
•The signatures of those who witnessed this deed, as well as the marks
of the principal Indians, are given in exact size of the original on the
accompanying facsimile plates. It will be noticed that the signature of
Governor Francis Lovelace is not there. This was an indenture deed and
the governor put his signature on that one of the two deeds which went to
the custody of the Indians, and which is now in the New York Historical
Society,
[xvml Collateral and Illustrative Documents 345
No. XVIII.
THOMAS MAYHEW, JURISDICTION OF MARTHA'S
VINEYARD, NANTUCKET AND OTHER
ISLANDS, ETC.
[Deed to Thomas Mayhew, Sr., and others.] ^f|"L®
(Sec. State)
Recorded for M' Tristram Coffin, & M"'
Thomas Macy the day afore-written."
These Presents doeWittness That I Tames fForrett Gent. ^^^41
. _ Oct. 13
who was sent over into these parts of America by y^ Hon^'®
y® Lord Sterling with a Commission for y^ Ordering & Dis- 1671
posing of all y"" Islands that lye between Cape-Cod & Hud- J"°® ^^
sons River, & hath hitherto continued his Agency without
any Contradiction, doe hereby Grant unto Thomas Mayhew
of Water-Towne Merch* & to Thomas Mayhew his Sonn
fFree Liberty & full power to them & their Associates to plant
& Inhabitt upon Nantuckett, & two other small Islands adja-
cent, & to enjoy y" said Islands to them & their Heyres, &
Assignes forever. Provided That y® said Thomas Mayhew
& Thomas Mayhew his Sonn or either of them or their Asso-
ciates doe Render & give yearly unto y^ Hofi'^ y^ Lord Sterling
his Heyres or Assignes such an Acknowledgm' as shall be
thought fitt by John Winthrop Sen^ Esq^ or any two Magis-
trates in y^ Massachusets Bay, being chosen for that end
& purpose by y^ Hofi'^ y® Lord Sterling or his Deputyes;
And by y*" said Thomas Mayhew & Thomas Mayhew his
Son & their Associates It is agreed That y^ Governm' that
y^ said Thomas Mayhew, & Thomas Mayhew his Son &
' This deed with slight and immaterial variations was recorded for Thomas
Mayhew and Matthew Mayhew, July i6, 1671, in Deeds, vol. 3, pp. 64, 76.
346 Province of New York [xrai]
Deeds their Associates shall sett up their, shall bee such as is now
3 : 55 _ .
(Sec. State) Established in y" Massachusetts aforesaid; And that y^ said
Thomas Mayhew & Thomas Mayhew his Sonn, & their
Oct. 13 Associates shall have as much Priveledge touching their
Recorded planting, Inhabiting, & Enjoying of all & every part of y®
Tune 20 Premisses as by Patent is granted to y" Patentees of y*
Massachusetts aforesaid & their Associates. In wittness
whereof I y" said James fForrett have hereunto Sett my
Hand & Scale y^ 13''' day of October, Sixteen hundred &
ffourty one. 1641.
James (Scale) fForrett.
Signed, Sealed, & Delivered in
y^ p'^sence of us
Robert Corne
Nichol: Davyson.
Richard Stileman.
Deeds
3:63
Here followes y^ Records of M'' Mayhew's Con-
(Sec. State) cernes w'^ y^ Governo'^; That being y^ Busyness
that happned to be next dispatcht.
^f^"*^ Certaine Deeds and other Writeings Recorded '
(Sec. State) for M"^ Thomas Mayhew of Martins Vineyard
& M"" Matthew Mayhew his Grand-Childe,
this 16''' day of July 1671. as followeth. — Viz'
3:65 Another Deed made by James Forrett.
(Sec. State)
1641 Whereas by Vertue of a Commission from y^ Lord Sterling
^^^1^ James fForrett Gent hath granted Liberty & full power unto
1671 ' '^^^ *^^^ from James Ferret as agent for Lord Stirling, October 13, 16.11,
July 16 recorded previously for CoflSn and Macy, was again recorded on July i6, 1671,
for the Mayhews, and hence is omitted here from the head of the above group
(pp. 64-5).
tviij Collateral and Illustrative Documents 347
Thomas Mayhew of Watertowne Merch' & Thomas Mayhew Deeds
his Sonn & their Associates to Plant y" Island of Nantuckett (Sec. State)
according to Articles in a Deed to that purpose expressed;
Now fforasmuch as y^ said Island hath not been yett well Oct. 23
Surveyed, whereby It may appeare, That comfortable Recorded
Accomodacon for themselves & their Associates will there be t^i^^ ^
found; This therefore shall serve to Testify that I y" said
James fforrett by Vertue of my said Commission doe hereby
Grant unto y^ said Thomas Mayhew & Thomas Mayhew his
Sonn, & their Associates as much Lyberty to Implant upon
Martins Vineyard, & Eli:jabeth Islands as They have by
vertue of y^ Deed Granted unto them for Nantucket, as
therein (plainly in all Consideracons, both on y^ Right
Hon'"'^ y'' Lord Sterlings part, & on y^ said Thomas Mayhew
his Sonn & their Assocyates) doth appeare. And in witness
hereof I y^ said James Forrett have hereunto Sett my Hand
this 23'^ day of Octobr Anno DiTi 1641.
James Forrett
Signed, Sealed, & Delivered in
y^ p'sence of us John X Daham
his marke.
Garrett Church.
A Deed made to M*^ Mayhew by Richard Vines. Deeds
(Sec. State)
I Richard Vines of Saco Gent. Steward Gen''" for S^
1041
fferdinando Gorges K' Lord Proprietor of y* Province of Oct. 23
Mayne Land, & y^ Islands of Capawock & Nantican, doe Recorded
by these p'^sents give full pow^ & Authority unto Thomas ju^y jg
Mayhew Gent, his Heyres & Associates to plant & Inhabitt
upon y* Islands of Capawock ats Martha's Vineya''' w''^ all
Rights, & Priveledges thereunto belonging, to enjoy the
Premisses to himselfe his Heyres & Associates forever.
348 Province of New York [xrai]
^^66^ Yielding & paying unto y" said S"^ fFerdinando Gorges his
(Sec. State) Heyres & Assignes forever annually, as two Gent indiffer-
ently by each of them chosen shall judge to bee meet by way
Oct. 25 of Acknowledgm' Given under my Hand this 25"" day of
Recorded October 1 64 1.
1671^ Richl Vines.
Wittness
Thomas Page
Robt Long.
July 16
Deeds [Grant from Thomas Mayhew, Sr., and his Son, to Inhab-
3 : 68 ■• . .
(Sec. State) itants of Martha's Vineyard.]
Decemb^ 4''' 1646.
Dec.^4 This witnesseth that M^ Mayhew y'' Elder, & also M''
~" . Mayhew y® younger have freely given to y" Men now inhab-
1671 iting on y^ Island namely the Vineyard this Tract of
Land following for a Townshipp: Namely all Tawanqua-
tacks his Right, together w*^ all y'^ Land as farr as y^ Easter-
most Chap of Homses Hole, & also all y^ Island called Chapa-
quegick, w"' full power to Dispose of all & every part of
y'' said Land as They see best for their own comfortable
Accomodacon. The Line is to goe from Tequa=nomans
Point to y" Eastermost Chap of Homses Hole. This I doe
acknowledge to bee y^ ffree Grant of myselfe & my Sonn,
y" day & yeare above-written. Decern: 4t*^ 1646:
Per me Thorn: Mayhew
This abovewritten is a true Coppy taken out of y*^ Originall
Grant by mee Thomas Dassett Clerke for y^ Towne Great
Harbour on y^ Vineyard. As Wittness my Hand, June 10'''
1671.
Per Thorn: Dassett
[xviii] Collateral and Illustrative Documents 349
FDeed of Nantucket to Tristram Coffin and Associates.! Deeds
3:56
Recorded for M' Coffin & M"' Macy
afores'? y" day & yeare afores^
Bee it known unto all Men by these Presents That I 1^59
July 2
Thomas Mayhew of Martins Vineyard Merch* doe hereby —
acknowledge That I have sould unto Tristram Coffin, 1671
Thomas May,' Christoph"^ Hussey, Richard Swayne, Thomas J"°® ^'
Bernard, Peter Coffin, Steeven Green-leafe, John Swayne,
& William Pyke, That Right, & Interest that I have in y'=
Land of Nantuckett by Patent; y^ w''*' Right I bought of
James fforrett Gent. & Steward to y" Lord Sterling, & of
Richard Vines sometimes of Sacho Gent. Steward GenT"
unto S^ Georges Knight, as by Conveyances under their
Hands & Scales doe Appeare; ffor them y^ aforesaid to Injoy
& their Heyres & Assignes forever, w"' all the Priveledges
thereunto belonging, ffiar & in Consideration of y^ Sume of
Thirty pounds of Currant pay, unto whomsoever I y'' said
Thomas Mayhew mine Heyres or Assignes shall appoint;
And also two Beaver Hatts, one for my selfe, & one for my
wife. And further This is to declare that I y'' said Thomas
Mayhew have receiv'd to my selfe that Neck upon Nan-
tuckett called Masquetuck, or that Neck of Land called
Nashayte, The Neck (but one) no[r]therly of Masquetuck,
y^ aforesaid Sale in anywise notwithstanding. And further
I y? said Thomas Mayhew am to beare my parte of the
Charge of y'' said Purchase abovenamed, & to hold one 20'*^
part of all Lands purchased already, or shall bee hereafter
purchased upon y^ said Island by y*^ afores'? Purchasf or
Heyres & Assignes forever. Briefly It is thus. That I really
sold all my Patent to y'^ afores"? nine Men, & they are to pay
mee or whomsoever I shall appoint them y^ Sume of Thirty
pounds in good merchantable Pay in y^ Massachusetts, und""
' An error for Macy.
350 Province of New York [xvml
Deeds y^'^^ Govemm' They now Inhabitt, & 2 Beavr Hatts, & I
3- 5° .
(Sec. State) am to beare a 20 part of y*^ Charge of y^ Purchase, & to
have a 20"^ part of all Lands & priveledges; And to have w''*'
July 2 of y'' Necks aboves*^ that I w'Al my selfe paying for it; only
Recorded Y^ Purchas"^"^ are to pay what y^ Sachem is to have for Mas-
T '^'^^o ^u^'^u'^l^> although I have y" other Neck. And In wittness
hereof I have hereunto sett my Hand & Seale this second
day of July Sixteen hundred & ffifty nine 1659.
^ me Tho: Mayhew.
Wittness
John Smyth.
Edward Seale.
Deeds FDecd of Tuckanucket to the Coffins.]
3:57
("Sec Sta.t6)
Recorded for M"^ Coffin and M"^ Macy afore-
said, y^ day & yeare aforewritten.
1659 The tenth day of October, One Thousand six hundred
Oct. 10 . -'
fifty & Nine; These Presents Wittness, That I Thomas
1671 Mayhew of Martins Vineyard Merch* doe give, grant, Bar-
Jime 29 gaine, & Sell all my Right & Interest in Tuckanuck Island,
ats Tuckanuckett, w'^'^ I have had, or ought to have, by
vertue of Patent Right, purchased of y^ Lord Sterlings Agent,
& of M'' Richard Vines Agent unto S'' fferdinando George
Knight, unto Tristram Coffin, S'' Peter Coffin, Tristram
Coffin Jun^ & James Coffin, to them & their Heyres forever.
ffor & in Consideracon of y^ just Suine of six Pounds in
hand paid, & by mee Thomas Mayhew received in full Satis-
faction of y*" aforesaid Patent Right of y® aforesaid Island.
And In wittness hereof I have sett my Hand & Seale.
Per me Thomas Mayhew.
Wittness hereunto.
Roger Wheeler
George Wheeler.
[xviii] Collateral and Illustrative Documents 351
[Indian Deed of Tuckanucket.] ^f^ds
(Sec. State)
Recorded for M'' Coffin & M' Macey
of Nantuckett y^ 29"" day of June.
1671.
The 20''' day of ffeb'^' 1661.'
These Presents doe Wittness that I Wamachmamack 1660/1
Feb. 20
Chiefe & Head Sachem of Nantuckett Island doe Bargaine &
Sell unto Tristram Coffin Sen'', Peter Coffin, Tristram Coffyn igyi
Jun'', & James Coffin Sonnes of y'' aboves"^ Tristram Coffyn J"^^ ^^
Sen'' y® one halfe of Tuckcanuck Island, ats Tuckanuckett,
with all Appertenances & Priveledges thereunto belong-
ing, namely that halfe of y® afores'^ Island that Pattacohanett
layeth Clayme now unto since hee sold y^ other halfe, w''*'
is y" North & North-West parts of y"" Island as it was divided
by Peter ffolges. Now these Presents doe further Wittness
that for & in Consideracon of y*^ just Suiiie of Ten pounds,
I Wamachmamack doe Bargaine & Sell all my Right &
Interest that I had, have, or ought to have in y*^ afores"*
Island of Tuckanuck, ats Tuckanuckett unto y*' aboves*^
Tristram Coffin Sen*", Peter Coffin, Tristram Coffin Jun'', &
James Coffin aboves*^, to them & their Heyres forever; In
consideracon of ffive pounds in hand paid, & ffive pounds
more w*''in one Month after y* I y^ aforesaid Wamachmamack
shall make it appeare that y" Bargaine of Sale concerning y"
above-named Island is good & Right according to Law,
namely that hee y** s"^ Sachem was y'' true & lawfull Own''
of y^ aforesaid Island; And when It is by any other Person
questioned M'' Thomas Mayhew is to determine who is y"
Right Owner, And hee that is found to be y^ Right Owner is
•Supposedly the clerk intended to write 1660 or i65o/i.
352 Province of New York
Deeds to have y" ffive pounds that is unpaid. In wittness whereof
(Sec. State) I have hereunto sett my Hand.
The marke X of
Feb. 20 Wamachmamack Sachem.
_ 7^ Wittness hereunto
Recorded
1671 Peter fFowler
June 29
John GHps.
Deeds [Indian Deed of Nantucket.]
3:54
(Sec. State) Recorded for M^ Tristram Coffin, & M'
Thomas Macy. y"= 29'*! of June 1671.
as afores'?
r (2 I 1 These p''sents wittness y' I Wanackmamack Head Sachem
1_ Feb. 20 J of y"" Island of Nantuckett have Bargained & Sold, & doe
Recorded by these Presents Bargaine & Sell unto Tristram Coffin,
June29 Thomas Macy, Rich'' Swayne, Thomas Bernard, John
Swayne, M"" Thomas Mayhew, Edward Starbuck, Peter
Coffin, James Coffin, Stephen Green-leafe, Tristram Coffin
Jun^ Thomas Coleman, Robert Bernard, Christopher Hussey,
Robert Pyke, John Smyth and John Bishop These Islands
of Nantuckett, namely all y^ West end of y*" afores'' Island
unto y" Pond comonly called Waquittaquay, & from y^ head
of that Pond to y'= North-side of y'' Island Manamoy; Bounded
by a patli from y^ Head of y^ Pond aforesaid to Manamoy;
as also a Neck at y^ East end of y" Island called Poquomock,
w*'' the propriety thereof, & all y^ Royaltyes, priveledges, &
Immunityes thereto belonging, or whatsoever Right I y''
afores'' Wanackmamak have, or have had in y" same; That
is, all y'' Lands aforemen coned and likewise y"" Winter ffeed
of y'' whole Island from y^ end of an Indyan Harvest untill
planting time, or y" first of May from yeare to yeare for ever;
As likewise Liberty to make use of Wood, and Timb'' on all
parts of y* Island; & likewise halfe of the Meadowes &
traoJ Collateral and Illustrative Documents 353
Marishes on all parts of y" Island, w^'out or beside y^ afores'^ Deeds
Tracts of Land purchased; And likewise y^ use of y^ other (Sec. State)
halfe of y'' Meadowes & Marishes, as long as y^ aforesaid _
1660/1
Feb.
English their Heyres or Assignes live on y^ Island; And like-
wise I the aforesaid Wanackmamack doe Sell unto y^
EngHsh aforemenconed y® propriety of y*^ rest of y* Island ^jfL^^
belonging unto mee, for & in consideracon of ffourty pounds J^^^ 29
already received by mee or other by my Consent or Ord"";
To have & to hold y'^ afores'^ Tracts of Land w'** y^ ppriety,
Royalties, Immunityes, priveledges & all Appertenances
thereto belonging to them y^ afores^ Purchas" their Heyres
& Assignes forever. In Wittness whereof I the afores*^
Wanackmamack have hereunto sett my Hand & Seale y®
Day & yeare above-written.
The signe of —
Wanack-mamack.
Signed Sealed & Deliverd in y^ p'"sence of
Peter Foulger.
Eliazar Foulgar.
Dorcas Starrbuck.
[Indians' Affirmation of Deed to Thomas Mayhew, Jr. for ^^^^l
Land on Nantucket Island.] (Sec State)
May y^ 10*'' 1665.
This Writing doth wittness That I Wassulon & Inittuane ^^^^^^
did sell unto Thomas Mayhew y'' Young^ a Tract of Land ^ —
r , . . i-TT A- Recorded
for him y" said Thomas Mayhew his Heyres & Assignes to 1671
enjoy forever; The w'^'^ Sale was made, & y® Goods paid
unto us for y" same to y" valine of ffifteen pounds, & y^
Tract of Land delivered into y"" possession of y^ said Thomas
Mayhew in y^ yeare of o"^ Lord God One thousand six hun-
dred ffifty three; That allwayes halfe of them, & halfe y'=
[23]
354 Province of New York
Deeds Whale was also sold unto y^ said Thomas Mayhew for him,
(Sec. State) his Heyres, & Assignes to enjoy forever. & then delivered
i66s
into y" said Thomas Mayhew^ his possession, being part of
May "10 y"= Purchase afores"? This wee sold & Deliver'd to y^ cleare
Recorded knowledge of many Indyans, as Mickso, Eanawamett, M"'
TuiJ 16 Jo'i" Keoquissen, & many others; And this Writeing I doe
now give under my Hand, because y" first Writing cannot at
p''sent be found. This wee sold w"' y'^ Approbacon of
Vssamequin; The Bounds of y" s'^ Land beginneth at Waka-
chacoyk to Arkepah a River, & from the said Wakachakoyck
by a streight Line to y^ middle of y'' Island, that is y^ middle
Lyne that divides y"^ Land of Towtoe & others, & y'' Land
sold y'' said Thomas Mayhew. And from the Place that
Lyne meeteth y" middle Lyne that divides as afores'' The
s'' Land is to goe to the Harbour upon y^ North side of y^
Island called Waweettick. Wittness my Hand y'' Day &
yeare afores"^
Wassulon
Wittness his X Marke
Nicholas Davis. Isaack Norton
Nicholas Norton M his marke.
Deeds Mr Thomas Mayhew his Grant of Liberty
(Sec. State) to some Inhabitants on his Island to
buy Land.
1668 Forasmuch as I have a Grant of this Island both from y^
July I . . ■'
Agent ofy" Lord Sterling, & also from y*" Agent of S''fFerdinando
1671 Gorges K' for this Island y" Vineyard; This doth wittness
July 16 ^pijj^ I Thomas Mayhew doe grant unto W" Pabody, Josyas
Standish, & James Allen Liberty to buy Land; I say Liberty
to buy what Land They can upon this Island w^'in y^ Com-
pass of y'' Bounds of Takinny of y^ Indyan Sachems y'' R'
Own"; & to enjoy all such Lands to themselves, Heyres, &
[x^^■u] Collateral and Illustrative Documents 355
Assignes forever, upon the sameTermes & Condi cons that Deeds
I have it of y'' Lord Proprietor, but for y^ People that are to (Sec. state)
be brought on, They are to be not only approved of by y^ ,,_
said William Pabody, Josyas Standish, & James Allen, or July i
the major part of them or their Assignes, but also by mee y'' Recorded
said Thomas Mayhew my Heyres & Assignes, & for y*^ Juiy^ie
Governm' of y" Inhabit'"^ that shall bee there upon y^ said
Land; It is to be carryed on by myselfe & y^ majo"^ part of
y^ {freehold'''' That is, I y® said Thomas Mayhew cannot
Act w"'out them, nor my Heyres & Assignes; Nor they y^
said W"" Pabody, Josyas Standish, & James Allen nor their
Heyres & Assignes shall not doe nor Act without mee y®
said Thomas Mayhew or my Successo". This is also an
Approbacon for y" Land They have bought already, soe farr
as it concerneth mee, I doe also allow of it. And this I doe
in Consideracon, That they the Grantees are to pay mee six
pounds, thirteen Shillings, foure pence at Boston to Cap*
Olliver, or M'' Peter Ollyver at Boston. Wittness hereunto
my Hand & Scale this first day of July. 1668.
Tho: Mayhew
This is a true Coppy drawn by
the Originall by mee
Symon Atthearn.
The Governo" Lre to Mr Mahew.> C. A.
M^Mahew (Hysl)
I Receiued yo^ Lre by yo^ Grandchild wherein I am
informed upon what termes yo" haue hitherto held yo^ Land m ^^°g
at Martins Vineyards & parts adjacent, but y^. p''tences of
S^ fferdinando Gorges & y*: Lord Sterling, being now at an
end, & his Royall Highnesse absolutely invested in y^ Right
to those Islands y®. Inhabitants are from henceforth to haue
directions of their Governm* from this place, I doe admire
•Thomas Mayhew, Sr.
356 Province of New York [xvm]
C- A. it hath beene so longe before yo" haue made yo^ appHcation
(HYSL) to me since yo^ adressing yo^ selfe for releife against y^ Indians
in a businesse of a Wreck to my Predecesso'^, & his Comission
May i6 to you thereupon did intimate an acknowledgmt of being
und^ his Royall Highnesse his Protection Jpon notice this
last yeare of y". like misfortune of a Wreck upon your Island
I sent directions to yo" how to proceed thereupon of w'^-'' I
expected an account but haue as yett heard nothing of it
but when you come hithT as you propose & w''.'' I very much
desire I make no question of receiuing satisfaction therein
from you as well as in diuers other perticulers yo" may
please to take yo^ best tyme of coming this Sumer as you
shall fynde yo^ selfe disposed I pray bring all yo^ Patents
deeds or other wrytings w"^ you relating to those partes, by
y® w'.'' & by o^ consultation togeth^ I may receiue such
inteligence of y'^ affaires there as I may y". bett^ take ord^
for y^ future good settlemt of those Islands, As to any p''tend-
ers who lay clayme to any of them w"^.*" are deemed to be
w'^in y^ Dukes Patent I haue thought fitt to appoint [blank]
months tyme for all persons w^^n this Governmt or w^'out
eith^ by themselues or their Agents to appeare here before
me to make good their Claymes or p'^tences, y^ w''.'^ if any
of them shall neglect to doe (haueing tymely notice thereof)
such claymes or p''tences will be adjudged of no validity:
I haue in part discourst of theise affaires w'-' yot Grandchild
but referre the remaind^ untill yo^ arivall here where yo*?
shall receiue a very hearty welcome & all due Encouragem'
as to yo^ perticuler Concernes from
YoT affectionate humble servant
[Francis Lovelace.]
Fort James in N. Yorke
May y^ i6"^ 1670.
I pray send Copies of y^ enclosed order of notice to all
those about you who are concerned.
bvui] Collateral and Illustrative Documents 357
Notice giuen to all Persons Concerned in y^ Land C- A.
called Martyns Vineyard to appeare at New (HYSL)
Yorke.
These are to giue notice to all persons Concerned who j/a^^jg
lay clayme or haue any p''tence of Interest in Martyns
Vineyard Nantuckett or any of y'' Elizabeth Isles neare
adjacent & w'^n his Royal Highnesse his Pattent that they
appeare before me in person or by their agents to make
proofe of such Claymes or p'"tences w*4n y'' space of — 4 —
months after y" date hereof, In default whereof all such
Claymes or p''tences aftr y": Expiration of y". said tyme shall
be deemed and adjudged invalid to all Intents & purposes,
Given unde'' my hand & sealed w**! y^ Seale of the Province
at Fort James in New Yorke this 16"? day of May in y®
22'!' yeare of his Ma"^^ Raigne Annocp Domini 1670.
[Francis Lovelace.]
M'' Mayhew Empowered by Daniell Wilcock of New Deeds
Plymouth to Act for him w*^ Co" Lovelace &c: (Sec. State)
Know all Men by these p'"sents that I Daniell Wilcock f^'^° ^
of y^ Colony of New Plymouth haveing two small Islands
rh • 1 • 1 • TT- 1 T-x 1 7- -5^ 1 1 ■ T-. Rccorded
w^ are withm his Highness y*" Uuke of Yorke his Patent, 1671
haveing obtained y"" said Islands of y^ Indyans, & Hkewise J" ^ ^
y" Patent of Right from M'' Thomas Mayhew & Matthew
Mayhew of Martins Vineyard, I y^ said Daniell Wilcock doe
hereby desire & Empower Matthew Mayhew to Appeare on
my behalfe before his Hono'' Cotl: Lovelace, in Order to y*
answering of his Hono*^^ Warrant concerning Lands, & to
Act therein as if I my selfe were there. And In wittness of
358 Province of New York [xvm]
'Dee^s ye Premisses, I have hereto sett my Hand this 30"* of August.
(Sec. State) 1670.
Daniel Wilcock
1670
Aug. 30
Recorded
1671 Witness hereunto
July 16
o
his Marke.
John Mayhew
John Howard his marke.
The Pat''' are Entred at large in y® Great
Booke of Records. N° 6.
Here followes y^ Entry of all those Writeings
or Instrum'^ That M"' Mayhew had granted
him from the Governor
I^feds Proposalls to y^ Governo'' from y" Inhabitants
(Sec. State) of Nantuckett about settling that Governm'.
r 1671 1 Inprimis Wee humbly propose Liberty for y" Inhabit-
ants to chuse annually a Man or Men to be chiefe in y^
Governm*, & one chosen or appointed by his Hono^ to stand
in place, constantly invested w**^ power of Confirmacon by
Oath or Engagem' or otherwise as his Hono^ shall appoint,
one to be Chiefe in y" Cor' & to have Magistraticall Power
at all times w'^ regard to y'' peace, & other necessary Con-
sideracons.
2'y. — Wee take for graunted y' y^ Lawes of England are the
Standard of Governm^ soe farr as wee know them, & are
suitable to our Condicon; yet wee humbly propose that y^
Inhabitants may have power to Constitute such Law or
Ord'^ as are necessary & suitable to o"^ Condicon, not repug-
nant to y^ Lawes of England.
3^^- = In point of carrying on y^ Governm' from time to time.
[xvui] Collateral and Illustrative Documents 359
wee are willing to joyne with o"' Neighbor Island y^ Vine- Deeds
yard, to keep together one Co^' every yeare, one yeare at o^ (Sec. State)
Island, v" next w"" them, & Power at home to End all Cases ^
not exceeding 20"; And in all Cases Liberty of Appeale to LJuneJ
y^ Gen^" Co'^' in all Actions above 40^. And in all Actions
amounting to y^ valine of 100" Liberty of Appeale to his
Highnesse his Co'^ at y^ Citty of Yorke; And in Capitall
Cases, or such Matt^ as concerne Life, Limbe, or Banishm',
All such Cases to be tryed at Yorke.
And seeing y^ Indians are numerous among us, Wee = 4.
propose that o"" Governm' may Extend to them, & power
to Suirion them to our Co'1^ w"" respect to Mattl"^ of Trespass,
Debt, & other Miscarriages, & to Try & judge them accord-
ing to our Lawes, when published amongst them.
And Lastly some Military Power cofnitted to us, respect-
ing our Defence, either in respect of Indyans or Strang"^
invadeing &c:
Recorded for y*" afores" M"' Coffin & M'' Macy, Deeds
2 Lres or Certificates from y^ Inhabitants of (sec. State)
Nantuckett — as followeth — viz*
Whereas y^ Hon^''' Colt: Lovelace Governor of New Yorke 1671
gave forth his Summons for y'' Inhabitants of y'' Isle of
Nantuckett to make their Appearance before his Hono''
at New Yorke either in their own Person, or by their Agent to
shew their Claymes in respect of their standing, or Clayme
of Interest on y^ afores*^ Island. Now wee whose Names
are underwritten haveing intrusted our ffather Tristram
Coffin to make AnswT for us. Wee doe Empower our ffather
Tristram Coffin to Act & doe for us, w**' y" Hon4 Governor
Lovelace soe farr as is just and reasonable, w"' regard to
o'' Interest on y^ Isle of Nantuckett and Tuckanuckett.
360 Province of New York [xviii]
Deeds Wittness o"^ Hands y^ z'^ day of y*" fourth Month, Sixteen
(Sec. State) hundred & seaventy one 1671.
1671
James Coffin
June 2 and 5 Nathaniell Starbuck
John Coffin
Steephen Coffin.
This is to signify that y*^ Inhabitants of Nantuckett, have
chosen M"" Thomas Macy their Agent to Treat w"^ y^ Hon°^
Cott: Lovelace concerning y" Affayres of y^ Island to Act
for them in their Behalfe and stead, & in all Consideracons
to doe what is necessary to be done in reference to y^ Prem-
isses, as if They themselves were personally p''sent. Wittness
their Hands Dated June 5**^. 1 67 1 .
Edward Starbuck
Peter ffiDulger
John Rolfe.
The Inhabitants afores"* doe also in y^ name of y^ rest
desire \P Tristram Coffin to assist their afores'^ Agent what
hee can in y"' matter or Busyness concerning y^ Island
Nantuckett.
Deeds The Answ^ to v^ Nantuckett Proposalls.
3:60 ^ ^
(Sec. State) ^ ,
At a Councell held at Forte James in New
Yorke y*" 28*^ day of June in y^ 23^^ yeare
of his Ma'^'''^ Reigne, Annoq5 Dm. 1671.
1671 In Answer to y° Proposalls Delivered in by M'' Coffin &
June 28
M'' Macy on y* behalfe of themselves & y" rest of y* Inhabit-
ants upon y" Island Nantuckett; The Governor & Councell
doe give their Resolucons followeth. — Viz'
Inprimis. As to y^ first Branch in their Proposalls, It is
[xAoii] Collateral and Illustrative Documents 361
thought fitt y' y'' Inhabitants doe annually recomend two ^^.^^
Persons to the Governor out of w'^'^ hee will Nominate one (Sec. Sate)
to be y^ Chiefe Magistrate upon that Island, & y^ Island
of Tuckanuckett near adjacent for y^ yeare ensueing; who ju^e 28
shall by Commission bee Invested with power accordingly.
That y" time when such a Magistrate shall Enter into
his Employm^ after y^ Expiracon of this first yeare, shall
Commence upon y'' 13^'' day of October, being his Royall
Highness his Birth day to continue for y^ space of one whole
yeare, & that they returne y- Names of y^ two Persons They
shall recommend three Months before that time to y* Governo''.
That y" Inhabit:' have Power by a majo'' Vote annually
to Elect & chuse their inferior Offici both Civill & Military;
That is to say, y® Assistants, Constables, & other inferior
Offic" for y® Civill Governm' & such inferiour Offic" for
y® Military as shall be thought needful!.
The second Proposal! is allowed of; That they shall have 2^?.
Liberty to make peculiar Lawes and Ord^ at their Gen^'^
Co" for the Well Governm^ of y- Inhabit'^ y^ w"^" shall bee
in force amongst them for one whole yeare; Dureing w'^^
time if noe Inconvenience doe appeare therein. They are to
Transmitt the said Lawes or Ord*^ to y^ Governor for his
Confirmacon. HowevT They are (as neare as may bee) to
conforme themselves to y"^ Lawes of England, & to be very
Cautious They doe not Act in any way repugnant to them.
To y"" 3^ It is Granted, That they joyne w"" their Neigh- ^ly.
bo" of Martins Vineyard in keeping a Geh^" Co^* between
them once a yeare, y'= s'^ Co"^ to be held one yeare in one
Island, & y* next in y** other, where y" Chiefe Magistrate
in each Island where the Co^ shall be held, is to p^'side,
& to sitt in their respective Co"^' as Preside but withall
That upon all Occasions hee Consult & advize w''' y*^ Chiefe
Magistrate of y* other Island.
That y^ said Gen'':' Co" shall consist of y^ two Chiefe
362 Province of New York
Deeds Magistrates of both Islands, & y" foure Assistants, where
(Sec. State) y'' Presid'' shall have a Casting Voyce; for y^ time of their
Meeting, That it bee left to themselves to Agree upon y^
1671 • c r P
June 28 most convenient beason 01 y^ yeare.
That in their private Co"^ at home, w"^ are to be held by y*
Chiefe Magistrate & two Assist'^ where y'' Chiefe Magistrate
shall have but a single Voyce, They shall have power finally
to determine & decide all Cases not exceeding y*" Vallue of
5? w'^'out Appeale, but in any Sufne above that Vallue,
They have Liberty of Appeale to their Gefi'' Co" who may
determine absolutely any Case under 50" without Appeale,
but if it shall exceed that Sume, y" Party aggrieved may
have Recourse by way of Appeale to y^ Gen"^" Co"^ of Assizes
held in New-Yorke.
And as to Criminall Cases, That They have Power both
at their private Co^*^ at home as well as at y^ Gefi''" Co" to
inflict Punishm' on Offend" soe farr as Whipping, Stocks,
& Pilloring, or other publick Shame; But if y^ Crime happen
to bee of a higher nature, where Life, Limbe, or Banishm'
are concerned, That such Matt^^ be Transmitted to y^ Gen^"
Co" of Assizes likewise.
4. In Answ'' to y^ 4"", It is left to themselves to Ord" those
AfFayres about y"^ Indyans, & to Act therein according to
their best discretions, so farr as Life is not concerned;
Wherein They are also to have Recourse to New Yorke, but
that They bee carefull to use such Moderacon amongst them.
That they be not exasperated, but by Degrees may be brought
to be conformable to y*^ Lawes; To w'^'' End, They are to
Nominate and Appoint Constables amongst them who may
have staves w*** y^ Kings Armes upon them, the better to
keep their People in Awe, & good Ord"^ as is practized
w*^ good Success amongst y*^ Indyans at y'' East end of
Long-Island.
[xviiil Collateral and Illustrative Documents 363
To y'^ Last, That They returne a Lyst of y^ Inhabitants, ^!^^^
as also y'^ Names of two Persons amongst them; out of (Sec. State)
whom y^ Governor will appoint one to bee their Chiefe
Military Office^ That they may bee in y^ better Capacity to June 28
defend themselves against their Enemyes whether Indyans
or others.
Commission granted to M"^ Tristram CofEn Deeds
Sen^ to be chiefe Magistrate in & over the (Sec. State)
Islands Nantuckett & Tuckanuckett.
Francis Louelace Esq^ &c: Whereas Vpon Address made jy^^'
unto mee by M'' Tristram Coffin, & M"^ Thomas Macy on y^
behalfe of themselves, & y^ rest of y^ Inhabitants of Nan-
tuckett Island concerning y*" Manno^ & Method of Governm'
to be used amongst themselves; & haveing by y" Advice of
my Councell pitcht upon a way for them; That is to say,
That They be Governed by a Person as Chiefe Magistrate,
& two Assistants, y^ former to be nominated by my selfe,
y° other to be chosen & confirmed by y^ Inhabitants as in y®
Instructions sent unto them is more particularly sett forth;
And haveing conceived a good Opinion of y"^ ffittness and
Capacity of M*" Tristram Coffin to be y^ p''sent Chiefe Magis-
trate to Manage Affayres w''' y*" Ayd & good Advice of y^
Assistants in y" Islands of Nantuckett & Tuckanuckett, I have
Thought fitt to Nominate, Constitute, & Appoint, & by these
p''sents doe hereby Nominate, Constitute, & Appoint M'
Tristram Coff.n to be Chiefe Magistrate of y^ said Islands
of Nantuckett and Tuckanuckett; In y'^ Managem' of w'^''
said Employm', Hee is to use his best Skill and Endeavour
to p''serve his Ma*''^^ Peace, & to keep y" Inhabitants in
good Ord^ And all Persons are hereby required to give
to y^ said M"' Tristram Coffin such Respect & Obedience as
belongs to a Person invested by Commission from Authority
364 Province of New York
Deeds of his Royall Highness in y"^ Place & Employm' of a Chiefe
(Sec. state) Magistrate in y'^ Islands aforesaid. And hee is duely to
, Observe the Orders and Instructions w'^*' are already given
June 29 forth for y" well governing of y'^ Place, or such others as from
time to time shall hereafter bee given by mee; And for what-
soever y" said M'' Tristram Coffin shall lawfully Act or Doe
in Prosecution of y'^ Premisses, This my Commission w*^**
is to bee of fforce untill y" 13"' day of October, which shall
bee in y^ yeare of our Lord 1672. when a New Magistrate is
to Enter into the Employm*. shall bee his sufficient Warrant
and Discharge. Given under my Hand and Seale at fforte
James in New Yorke this 29**" day of June in y" 23*^ yeare
of his Ma"" Reigne, Annocp Din 1671.
Fran: Louelace.
The Patents granted by his Hono^ to M'
Coffin & M'' Macy are Entred at large
in y^ Create Booke of Records. N° 6.
^^^^^ LettT from y^ Governor to y" Governor of
(Sec. State) New Plymouth on y^ behalfe of M'
Thomas Mayhew.
ST
LjulyJ M"^ Thomas Mayhew of Martins Vineyard haveing been
here w"" mee to pay his Acknowledgm'^ ; & to take out
Patents of Confirmacon for y" Lands hee enjoyes at Martins
Vineyard & parts adjacent w'4n these his R: H^Territoryes;
At his Instance & Request, I doe recomend it you. That
you'l please to graunt him some Enlargm' of Recompence for
his Trouble & Paines amongst y^ Indyans, soe farr as con-
veniently it may bee done, for his Encouragem' in his auncient
Dayes; Hee together w"' his deceased Sonn haveing been
Instrum'"^ of doeing much Good by thier Instructions in
[xviii] Collateral and Illustrative Documents 365
bringing diverse of them to y'' knowledge of y'^ Christian Deeds
Religion; w'^'' is worthey of great Commendacon; what (Sec. state)
Civility you shall doe him herein shall bee kindely acknow-
ledged by LjulyJ
Yo^ affectionate humble Servant.
Fran: Louelace
M'' Mayhew's Instructions from y"^ Governo' Deeds
M' Mayhew. (Sec." state)
Although by yo"' Geri''P Commission you have strength I" 1671 T
& Authority sufficient to putt such Lawes & Rules in Exe-
cucon as you shall conceive may best tend to y'^ Distri-
bucon of Justice, & securing the Coinon Rights & Interest
of such as shall live under yo'' Governm*, the keeping his
Ma*'^^ peace, together w'*" y^ preservacon of his Royall
Highness Interest & Propriety in those parts, yet since that
Commission may appeare to be too generall, I have thought
fitt to p''scribe to you some particular Instructions, w'^'^ you
are to make use of as Occasion shall serve.
In y^ first place. You are soe soon as you shall arrive, in
some convenient time Cause a Generall Meeting to be
summon'd of the Inhabitants (amongst w"^** I would not
have y"^ chiefe of y^ Indyans omitted) to whom you are to
Declare y^ End of yo'' being w''' mee, & y^ Power I have
invested you in, by causing your Commission to be read
publiq5ly, together w'^ yo'' Instructions.
You are then to Consid'' & Appoint a sett time for y°
Election of yo^ Assistants, as likewise to consid^ of y*" time
when y^ gen'^" Co" shall be summon'd Of W*^^ yo" are to
advertize & consult w'*" yo^ Neighbo" of Nantuckett.
You are likewise to acquaint y" Inhabit''' y* Priveledges
I have graunted them by Enfranchizing them in a Towne
366 Province of New York [x^
Deeds Corporacon, To whom yo" may deliver their Charts Vpon
(Sec. state) y^ Receipt of w"^*" They may proceed to y" Election of their
P ^ Magistrates as belongs to other Corporacons.
L July J And in regard at this distance, & y'' unacquaintedness of
the Inclinacons & Dispositions of y"^ Indyans, I cannot
p''scribe you any Rules that may be most proper for them,
I shall therefore recommend that Affaire wholly to yo^
prudent Managem' only you may acquaint them, that
haveing now taken them into his Royall Highness particular
Protection, I shall bee very careful! to Assist them in all
Extremityes; expecting from them noe other Returne, but
that they live quietly & peaceably, w*^ true Submission to
that Authority, w'^'' now is sett over them.
You are to cause some of y'' Principall Sachems to repaire
(as speedily as They can) to mee, that soe They may pay
their homage to his Ma''% & acknowledge his Royall H^ to
bee their only Lord Proprietor
You are to encourage and sett to worke y'' Sewan making,
to whom you may give full Assurance, They shall receive
sufficient Recompence for their Labour; And that that Trade
may only be drove between them & this place, you are not to
permitt any Shells to bee exported to fforrainers, unless they
pay a considerable Custome for them.
You are not to faile to give mee a speedy Advertizem*
of all yor Transactions as may bee, & by all meanes lett mee
heare from you, how Affayres constantly stand.
You are to see y*" Collection of his Ma*'"^ Customes, & all
ffines bee duely observed, & you are to Assist upon all
Occasions y" Collector of y" Customes in y^ Execucon of his
Office, & transmitt them to mee here.
You are to cause all such as shall bee Elected to any
publick Office of Trust to take y'^ Oath of Allegiance to his
Ma"'= at the Entrance into their Office.
You are not to suffer any of yo"' Indyans to Enter into a
[xviii] Collateral and Illustrative Documents 367
Confederacy of Warre, w"" any other forraine Indyans, Deeds
without advertising mee first w"' it, & procuring my Per- (Sec. State)
mission for it. [Francis Lovelace.l
L July J
The AnswT to M"' Mayhews Proposalls. ^^^ds
(Sec. State)
At a Councell held at Forte James in New
Yorke, y" 7"" day of July in y"" 23'' yeare of
his Ma'''^^ Reigne, Annocp Dili 167 1.
Whereas M"" Thomas Mayhew of Martins or Martha's 1671
Vineyard hath been an auncient Inhabitant there, where by
Gods Blessing Hee hath been an Instrum' of doeing a great
deale of Good both in settling severall Plantacons there, as
also in reclayming & Civilizing y'^ Indyans; fFor an Encour-
agemen' to him in prosecucon of that Designe, & in
acknowledgm' of his Good Services, It is Ordered & Agreed
upon That y^ said M'' Thomas Mayhew shall dureing his
naturall Life bee Governo'' of y'' Island called Martins or
Marthas Vineyard both over y^ English Inhabitants &
Indyans for y* w'^*' hee shall have a Commission.
That for Tryall & decision of all Differences of Debt or
Damage to y" vallue of ffive pounds, They shall have a Co^
in their Island, w'^'' shall bee composed of y® Governo"^ there,
who shall have a double Vote, and three Assistants to be
Elected annually by the Inhabitants of y'' two Townes &
Plantacons upon y'' Island, from Judgm' in any Case to y^
Suirie of five pounds aforesaid or under, noe Appeale shall
bee admitted.
That all Actions & Cases of above five pound & under
ffifty pound shall bee Tryed at y" geii^" Court to be held by
them & their Neighbours of Nantuckett, that is to say, by
y^ Governor or Chiefe Magistrate of Martins Vineyard, &
y^ first two Elected of y^ three Assistants aforemenconed.
368 Province of New York UviiJ
Deeds & by y^ Chiefe Magistrate of Nantuckett, & his two Assistants,
(Sec. State) where it is recommended That M'' Thomas Mayhew doe
1671
p''side & sitt as President dureing his Life (although y'' Court
July 7 bee held at Nantuckett[)] w'*' priveledge of a double or
Casting Voice, in regard of his great Experience & Reputa-
con amongst them, but after his decease that y"^ Rules &
Instructions, w"^** concerne both y^ Islands be punctually
followed & observed.
That y^ first Gefir" Court shall bee held upon y" Island
Martins Vineyard at some convenient time to bee agreed
upon between them, & their Neighbo'^% w"^*^ is to be Trans-
mitted hither, at w*^"" time annually after Approbacon had
thereof that Court is to be held for y" time to come according
to y^aforemen coned Instructions given to those of Nantuckett.
That M'' Thomas Mayhew as Governor over y® Indyans
doe follow y*^ same way and Course of quiet & peaceable
Governm* amongst them as hitherto hee hath done, w'^'' will
tend to their mutuall Benefitt and Satisfaction, and by Degrees
bring them to Submitt to, & acknov/ledge his Ma''^^ Lawes
Establisht by his Royall Highness in this Province.
And Lastly That y*" Governm' of y" Indyans in particular
shall remaine in that State & Condicon as hitherto it hath
done.
By Ord^ of y^ Governo'' &
Councell.
Deeds Commission for M' Thomas Mayhew to be Chiefe
(Sec^. state) Governour of Martins als Martha's Vineyard.
1671 Francis Louelace Esq'' &c: Whereas I have conceived a
good Opinion of y*^ Capacity & Integrity of M^ Thomas
Mayhew to be Governor & Chiefe Magistrate of y'' Island
Martins or Martha's Vineyard to manage publiq} AfFayres
[xrai] Collateral and Illustrative Documents 369
^th ye ^jj^ ^ good Advice of y* Assistants to be chosen there, Deeds
I have thought fitt to Nominate, Constitute, & Appoint (Sec' state)
1671
& by these p"'sents doe hereby Nominate, Constitute, &
Appoint, M'' Thomas Mayhew to be Governo'' & Chiefe July 8
Magistrate of y^ said Island Martins or Martha's Vineyard
dureing his natural! Life, in y*^ managem* of w'^*' Employm*
hee is to use his best Skill & Endeavo^ to p''serve his Ma''^^
peace, & to keep y^ Inhabitants in good Ordr And all Persons
are hereby required to give to y"^ said M'' Thomas Mayhew
such Respect & Obedience as belongs to a Person invested
by Commission & Authority from his Royall Highness in
y^ Office & Employm' of a Governor & Chiefe Magistrate
in y" Island afores'? And hee y*^ said M'' Mayhew^ is duely
to observe & obey such Orders & Instructions, w''^ are
already given forth for y"^ well governing of y" Place, or such
other Directions as from time to time hee shall receive from
mee; And for whatsoever the said M"" Thomas Mayhew
shall lawfully Act of Doe in prosecucon of y® Premisses
This my Commission shall bee his sufficient Warrant &
Discharge. Given &c: this 8"^ day of July in y*^ 23*'' yeare
of his Ma*'^" Reigne. Anno(^ Dm 1671.
[Francis Lovelace.]
Commission granted to M'' Matthew Mayhew Deeds
to be Collector of y^ Customes in & about (gg^'st^te)
Martins Vineyard, w*^ y® places adjacent.
Francis Louelace Esq'^&c: To all to whom these Presents 1671
shall come sendeth Greeting. Whereas It is Ordered &
appointed That his Ma*'*'^ Customes are to be paid for all
Customable Goods, w''^ are or shall be imported into, or
exported from these his Roy" Highness his Territoryes, from
w"'' noe Place or Person within y® Governm* hath y^ Privel-
[24]
370 Province of New York [x^
Deeds edge to be exempted; I have therefore thought fiitt to Con-
a * ya or' o
(Sec. State) stitute & Appoint, and by these Presents doe Constitute &
appoint Matthew Mayhew to be Collector & Receiver of y"
July 8 Customes of all such Customable Goods as now are or shall
bee brought into y" Harbour at Martins Vineyard, or any
other Creek or Place upon y'' Island, or Jurisdiction thereof;
And y'' said Matthew Mayhew hath by this my Commission
full power & Authority to doe, all lawfull Acts & Things
relating & belonging unto y^ said Employm' Hee following
such Directions and Instructions for y*^ same as hee shall
from time to time receive from mee, or from y^ Chiefe Officer
of y'^ Customes of this place; to whom hee is to render a due
Acco' of all Particulars relating to his Employm' And all
Offic"^ upon that Island or parts & Places adjacent w*''in
this Governm' are to bee ayding & assisting unto y^ said
Matthew Mayhew in y^ prosecucon of his Office, as they
will answer y^ contrary at their utmost perrills. Given under
my Hand & Seale at fforte James in New Yorke this 8"^
day of July in y'' 23'*" yeare of his Ma''"^ Reigne, Annoc^ Dili
1671. [Francis Lovelace.]
^^eds Lycence for M"" Thomas Mayhew to
(Sec. state) purchase Land &c:
1671 Whereas M"" Thomas Mayhew Senr & M"' Thomas May-
hew Junr his Son have for many yeares past been seated and
possest of Lands upon Martins or Martha's Vineyard, of
which by vertue of Grants from y^ Lord Sterlings Agent,
They made Purchase of y'' Indyans, & hitherto have enjoyed
y" same, for y" w""^, y" said M"" Thomas Mayhew Sen'', &
Matthew y^ Sonn & Heyre of Thomas Mayhew Jun^ have
now Patents of Confirmacon by Authority from his Royall
Highness. And there being severall other parcells of Land
[xviii] Collateral and Illustrative Documents 371
upon y" said Island capable of Improvem', y^ w'^'' as yett Deeds
have not been bought of y^ Indyan Proprieto'"^ soe lye wast (Sec. State)
& unmanured; These Presents Certify & Declare, That I
doe hereby give free Leave & Lycence unto M'' Thomas July 12
Mayhew & M"' Matthew Mayhew his Grand childe in his
Royall Highness his Name to Treat, Agree upon, & Con-
clude w"' y" Indyan Proprieto''^ of y*^ said Land undisposed
of, & upon y^ Returne thereof unto mee, I shall bee ready
to Graunt such Confirmacon as shall bee requisite. Given
under my Hand & Seale at IForte James in New York y®
12''' day of July in y^ 23'' yeare of his Ma''^^ Reigne, Annocp
Dili 1 67 1. [Francis Lovelace.]
Licence to Purchase &c: granted unto M^ Deeds
Richard & Cap' Jn? Gardner of (Sec. state)
Nantuckett.
Whereas M'' Richard Gardner, & Cap' Jn° Gardner his 1673
Brother, having Declared unto mee their Intent of Vndertak-
ing the Designe of a ffishing Trade upon the Island of Nan-
tuckett & parts adjacent, if they may have Licence to buy
and make Purchase of some Land by the Sea-side or els-
where of the Indyan Natives Proprietors for their Accomo-
dation; for an Encouragement unto them the said M'' Richard
and Cap' John Gardner in their Undertakings of the designe
aforesaid; I have thought fitt to give and grant, and by these
Presents doe hereby Give and Grant Liberty and Licence
unto the said M' Richard and Cap' John Gardner and their
Associates to buy and make Purchase of some convenient
quantity or Tract of Land for the use aforesaid, or for
Improvement thereof, of the said Indyan Proprietors, not
yet made Purchase of by the rest of the Inhabitants, for
the which when Returne shall bee made of the quantity
Apr. 15
372 Province of New York [xvm]
Deeds thereof, together with its Buttings and Boundings, the said
3 : 87 .
(Sec. State) M ■ Richard and Cap' John Gardner, and their Associates
may have a Patent of Confirmation by Authority of his
Apr. 15 Royall Highness under the Seale of the Province. Given
under my Hand & Seale at Fort James in New Yorke this
If*"" day of Aprill in the 25'*' yeare of his Ma*'^= Reigne,
Annoq^ Domini 1673.
Fran: Lovelace
3:87 Commission for Mr Richi Gardner to bee
(Sec. State) Chiefe Magistrate of Nantuckett &
Tuckanuckett.
^p^J^g Francis Lovelace Esq'', One of the Gentlemen of his
Ma''*"^ Hon^'® Privy Chamber, & Governor Gen?" under his
Roy!' Highness James Duke of Yorke & Albany &c: of all
his Territoryes in America; To M'' Richard Gardner of
Nantucket sendeth Greeting.
Whereas according to the Directions & Instructions by
mee given on the behalfe of his Royall Highness for the
Government of the Islands of Nantuckett & Tuckanuckett,
the Inhabitants thereof at the time appointed have chosen
two persons whose Names they have returned hither for my
choice and approbation of one of them to bee Chiefe Magis-
trate of the said Islands, and having conceived a good Opinion
of the fittness & capacity of M'' Richard Gardner (who is one
of the two returned) to manage Affayres there with the
aid and good advice of the Assistants to bee chosen amongst
themselves, I have thought fitt to Nominate, Constitute, &
Appoint & by these Presents doe hereby Nominate, Con-
stitute, & Appoint Mr Richard Gardner afore-named to bee
Chiefe Magistrate of the said Islands of Nantucket and
Tuckanuckett. In the Management of which Employment,
[xvTii] Collateral and Illustrative Documents 373
hee is to use his best Skill and Endeavour to preserve his Deeds
3:87
Ma''.'^'' Peace & to keep the Inhabitants in good Order. And (Sec. State)
all persons are hereby required to give the said M"" Richard
Gardner such respect & Obedience as belongs to a person Apr. 15
invested by Commission & Authority of his Royall Highness
in the place and emploj'ment of a Chiefe Magistrate in the
Islands aforesaid. And hee the said M'' Richard Gardner
is duely to observe the Orders and Instructions which are
already given forth for the well governing of the Place, or
such others as from time to time shall hereafter bee given by
mee his Royall Highness Governo"^. And for whatsoever the
said M"' Richard Gardner shall lawfully Act or doe in prose-
cution of the premisses, This my Commission (which is
to continue & bee in force untill the next Election, & my
returne of approbacon of a New one in his place) shall bee
his Sufficient Warrant and Discharge. Given under my
Hand, and Sealed with the Seale of the Province at Fort
James in New Yorke this 15'*^ day of Aprill in the 25''' yeare
of his Ma*!'=^ Reigne, Annoq^ Domini 1673.
Fran: Lovelace
Commission for Cap* John Gardner of the Island Deeds
of Nantuckett to bee Cap' of the Foot Company (See. state)
there.
Francis Lovelace Esq^ &c: Governor Gen?" under his 1673
Royall H^ James Duke of Yorke & Albany &c: of all his
Territoryes in America.
To Cap' John Gardner of y*^ Island Nantuckett.
Whereas You are one of the two persons returned unto
mee by the Inhab*^ of your Island, to bee the Chiefe Military
Officer there, having conceiv'd a good Opinion of your fitt-
Apr. 15
374 Province of New York [xvm]
^^slf ^^^^ ^ capacity: By Vertue of the Commission & Authority
(Ssc. State) unto mee given by his Royall Highnesse James Duke of
Yorke & Albany, I have constituted and appointed, and by
Apr. 15 these Presents doe hereby Constitute & Appoint you John
Gardner to bee Captaine & Chiefe Military Officer of the
ffoot Company risen or to bee risen vs^ithin the Islands of
Nantuckett and Tuckanuckett. You are to take the said
Company into your charge & care as Captaine thereof, and
them duely to exercize in Arm.es; and all Officers and Sould-
yers belonging to the said Company are to obey you as their
Captaine. And you are to follow such Orders and Instruc-
tions, as you shall from time to time receive from mee or
other your Superiour Officers according to the discipline of
Warr; for the doeing whereof this shall bee your Commis-
sion. Given under my hand and Scale at Fort James in
New Yorke this 15''' day of Aprill in the 25''' yeare of his
Ma*'^^ Reigne Annoq"; Domini 1673.
Fran: Lovelace
Deeds Nantuckett Affayres.
3:8s
Additional Instructions & Directions for the
Government of the Island Nantuckett sent
by Mr Richard & Cap* Jn"? Gardner Aprill
y= 18'*! 1673.
1673 Inprimis, That in regard y^ Towne upon y^ Island of
Nantuckett is not known by any peculiar or particular Name,
It shall from hence forth bee called & distinguished in all
Deeds, Records, and Writing by the name of the Towne of
Sherborne upon the Island Nantuckett.
That all ancient & obsolete Deeds, Grants, Writings, or
Conveyances of Lands upon the said Island shall bee es-
teemed of noe fforce or Validity, but the Records of every
tviii] Collateral and Illustrative Documents 375
ones Clayme or Interest shall beare Date from the first Deeds
divulging of the Patent granted to the Inhabitants by Au- (Sec." state)
thority of his Royall Highnesse, and soe forward, but not
before the Date thereof. Apr. 18
That the time of Election of the Chiefe Magistrate, &
other Civill Officers bee & continue according to the Direc-
tions & Instructions already given, but in regard of the dis-
tance of the Place, & y"^ uncertainty of Conveyance betv^rixt
that & this Place, y" chiefe Magistrate & all the Civill
Offic" shall continue in their Employm*^ untill the Returne
of the Governor Choice 8c Approbacon of a New Magis-
trate bee sent unto them, which is to bee with the first con-
venient Opportunity.
That in case of MortaUty, if it shall please God the Chiefe
Magistrate shall dye before y" Expiration of his Employ-
ment, the Assistants for the time being shall manage, & carry
on y'' AfFayres of the Publick untill the time of the new
Election, & y'^ Governo" Return & Approbation of a new
Magistrate in his stead.
That the Chiefe Military Officer shall continue in his
Employm' during the Governo'^ Pleasure, and that hee have
Power to appoint such Persons for inferiour Officers, as hee
shall judge most fitt and capable.
That in Case of the Death of the Chiefe Military Offic^
during the time of his Employment, that then the Inhabitants
doe forthwith make Choice of two Persons, & returne their
Names unto the Governour, who will appoint one of them
to bee the Officer in his stead.
That in regard y^ Generall Co" to bee held in y® Island
Nantuckett or Martins Vineyard is but once in the yeare,
where all Causes or Actions are tryable without Appeale
to y" Sufn of fifty pounds. Liberty bee granted to try all
Actions of Debt or Tresspass at their Ordinary Courts to
the value of Ten pounds without Appeale, Vnless upon
376 Province of New York [xvm]
Deeds Occasion of Error in v'' Proceedings there bee Cause of
3 : 85 . / °
(Sec. State) Complaint from y^ Ordinary Court unto the Generall Court,
or from the Geri"" Court to the Court of Assizes.
1673
Apr. 18 That what is granted in the Generall Patent to the Inhabit-
ants, fFree-holders, of the Island Nantuckett is to bee under-
stood, unto them alone who live upon the Place & make
Improvem* thereof, or such others who having pretences of
Interest shall come to Inhabitt there. Given under my
Hand at Fort James in New Yorke the day & yeare afore-
written; & in y^ 25'*" yeare of his Ma*''=^ Reigne.
[Francis Lovelace.]
^®^g^^ A Letter from the Secretary to y^ Inhabitf
(Sec. State) of Nantuckett.
1673 Gent.
Apr. 24
New Yorke Apr: y*" 24'*" 1673.
By the Governor^ Ordr I am to acquaint you. That hee
receiv'd your Letter (bearing Date the 3'! day of Aprill about
3 weeks since, by the hands of M'' Richard Gardner together
with eight Barrells of ffish for two yeares Acknowledgment,
and a Token of fifty weight of ffeathers, for which your
care of the former, and kindnesse in the Latter hee returnes
you thanks; There came to the Governor in the Winter a
Letter from M'' Tristram Coffin about your Election, but
noe other from you; in answer to which you had heard from
him sooner, but the difficulty of Conveyance hindred. You
will now understand the Governors choice by the Bearers
hereof M'' Richard and Cap' John Gardner: That is, M""
Richard Gardner for Chiefe Magistrate this yeare, & Cap*
John Gardner for Chiefe Military Officer, for which they
have Commissions. They have also with them some Addi-
tionall Instructions and Directions to Communicate to you;
[xk] Collateral and Illustrative Documents 377
most of which were proposed by those two fFriends you sent, Deeds
who have prudently managed the Trust you reposed in them. (Sec.'state)
They have also with them a Booke of the Lawes of the
Government, & three Constables Staves: As to your Non- Apr. 24
performance of the Acknowledgment according to strictness
of time, his Hono^ being sensible. That Opportunityes doe
not very frequently present between these Places, hee is
very well satisfyed with your Civill Excuse. If at any time
you have other Proposalls to make for the Good of yor
Inhabitants, you may rest assured of his Hono''^ ready Com-
plyance therein. This is all I have in charge to deliver unto
you from the Governour, Soe take Leave & subscribe
Gent.
Yo^ Very humble Servant
Matthias Nicolls.
No. XIX.
ALBANY AFFAIRS AND PACIFICATION OF THE
MOHAWKS.
[Lovelace to Henry Pawling.] 0. W. L.
Herry _ _ (|jVl£)
Yo"^ Letter of y'' 5"^ Instant I answered, since, which I
received another of 17*'' ditto, I thanke you for yo'' frequent juiy 25
letters, I approue very well of yo'' advancing the peace with
y" Indyans: Though I must confesse it had beene better,
had the appearance of yo'' formality of the Magistrates of
Esopus concerned them selues here: I cannot imagine how
that peace will bee of any duracon, in regard the Macquas
will not accord with the Mappingo's [sic] and other nacons
378 Province of New York [ltk]
O. w. L. of that side of Hudsons River and there being so great a
2:482 ^ ■ b a
(NYSL) Correspondence with them of the Esopus, Cuttskill &c that
hee that attach the one must neede injure the other, since
July 25 in all extremityes they will haue a recourse one to the other.
I am endeavouring to make it a generall peace, and doubt
not but to accomplish it, for if the Indyans under M''Winthrop
bee but as pliable as our Indyans the worke is allready done;
you may on all occasions assure them so, it will relieue
their doubt much, when they see but a possibility for a
generall peace. For y[''] Oare you sent mee, I haue tryde it
and find it right But with all, I desire a greater quantity to
bee sent mee by the next convenience for the Last was so
little that I could hardly make a Tryall. For the Land you
relate to bee neare y^ Mine pray take it up for mee and if
it bee in such a place as it may render it Comunicable to
other I will settle it. For y^ Washmakers Land, I shall not
dispose it, till I heare out of England Pray proceed vigor-
ously toward the settlem* of yo"^ Towne, and I will invest
you with sufficient Authority to administer Justice amongst
them I haue from England advertisement of 200 Scoth
familyes that are to bee transported hether (if so) I purpose
to settle them neare you that so you may strengthen each
other y" better, Comend mee to the Magistrates there and
the Rest and beleeue mee to bee
Yo' Loving freind
Fran: Lovelace
Fort James the 25""
day of July 1669.
O- .^g^' [Lovelace to the Magistrates at Albany.]
(NYSL)
1669
July 26
Gentlemen
1669 My last to you was about the letting out the great Pacht
or Tappers Excise for y^ yeare ensueing for the w'^'' I therein
[xi±\ Collateral and Illustrative Documents 379
gaue you some Instructions I then also required you, that ^\^-^-
the double Excise for liquo" goeing up to Albany is taken (NYSL)
off, it being onely to bee paid here.
In answer to yo^ letters concerning the peace betweene the juiy 26
Indyans, I doe very well approve of what you haue already
done, and shall desire you continue yo'' best Endeavo" for
y^ Promoting of it to effect. I haue given an ace' of all yo""
proceedings about it to the Macquaes part unto M*^ Win-
throp, from whome I every day expect an answer, how
farre hee hath wrought with those Indyans about him, as
also an agreement upon the place where the meeting shall
bee, for y'' conclusion of the peace whether if in this City
or not.
I am informed that the Macquaes haue made a peace with
y'' Esopus Kattskill and other Indyans adiacent but haue
excluded the Poppingoes [sic] which will bee an occasion of
breach of it againe unlesse they bee included, also there
being so great affinity and correspondence betweene them
and those other Indyans. When I receive letters from
Governo'' Winthrop You shall heare further from mee con-
cerning this matter in the meane time yo"^ Care and prudence
in the management of Affaires with y® Macquaes will bee
very acceptable to
Yo'' affectionate freind
Fran: Lovelace
New Yorke this 26"'
of July 1669.
[Lovelace to the Magistrates at Albany.] ^. A.
(NYSL)
Gentlemen
I haue Rec'? yo" of /^ 5**^ Instant w*^ some further propo- 1^69
sitions from y^. Maques Indians whereto I can at present
38o
Province of New York
[xix]
c. A.
2:424
(NYSL)
1669
Oct. 13
say little or nothing untill Governour Winthrop retorne w"^!"
is dayly expected but that I am glad they continue in so
Calme & peacable myndes notwithstanding their last victory.
I haue also an Account from yo" of y'^ Election of yo'' Comis-
saryes, And doe approue of Capt" Phihp Pieter Schuyler
for Albany in y'' place of M'' Jacob de Hinse, & of Pieter
Meenssen in y^ stead of Jan Thomas for Renzlaerswijck,
w'^!^ is all at p'^sent from
Yo^ very Loving freind
[Francis Lovelace.]
ffort James in New Yorke
this I3*^ day of October.
1669.
C. A.
2 :426
(NYSL)
1669
Oct. 27
The Governo''? Lre to y^ Schout &
Comissaryes at Albany.'
Gentlemen
The Governor hath receiued y'^ Propositions yo" sent
from y'' Matucander Indians a Copy whereof he doth intend
to transmitt to Gouernour Winthrop from whome he dayly
Expects a retorne of all y*^ former papers of w'^'' yo" will
haue an Ace' The Gouerno^ hath giuen me Ord^ to acquaint
yo" that he would haue yo" as formerly to prouyde a Scow
to help y^ Souldiers in their provision of firewood against
winter w''.^ is all at p'^sent from
Yo'' very Loving freind
Matthias NicoIIs
Octob"' 27*^ 1669.
To y^ Schout & Comissaryes at Albany.
' The original heading, as is evident, is erroneous; but Nicolls wrote in his
secretarial capacity for Lovelace.
[^x] Collateral and Illustrative Documents 381
The Gouerno" Lre to Governor Winthrop C. A.
„ '^ 2:445
Deare S^ (NYSL)
I arp heartily sorry so sad an Occasion as y® Indisposicon j^g
of yo^ wife obstructed yo^ retorne to yo^ house but am as ^^'^- ^9
well pleased at her recovery & thereby y^ advantage I shall
reape by a more frequent Correspondency, if all my Letters
arriu'd yo^ hands yo" will fynde them of one Tenure (vizt) y^
Earnest desire of y^ Macqueses to conclude a firme peace
^th ye Mahicands what overtures (of this nature they haue
made before) I cannot be inform'd in & I am apt to belieue
what they now represent to be (as farre as Infidells are to
be Creditted) very Cordiall, Yo" see their propositions &
having had y" Experience of their Actings formerly you can
best giue a Judgmt of y® Event, to be briefe (if it can be
accomplis'ht) I doubt not but it will very much tend to y^
good of all Xpians in their tranquility & to y" Advancem' of
Trade (y^ first step to plenty) How farre yo" belieue me to
be Capable to promote that designe I shall receiue Instruc-
tions from yo" but I am apt to belieue y" Progresse will be
very slow if it be manag'd by Letters there will be therefore
a necessity of an Intercourse w''!' I shall attend when I know
from yo" y" Tyme & place, For those Exceptions yo" inferre
of y^ tyme & place & Jelousy y" Mahicanders Conceiue of y®
Maquesyes by reason of some former misactings y* others
use y® same Arguments against them & if true (rebus sic
stantibus) there is little hopes of a period, but if all former
miscarriages are oblitterated & we enter on a Treaty de novo
tis possible a good issue may be Expected Howeuer all
faire Endeauours are to be practised that may accomplish
so universal! a benefitt to this Corner of y" world, I beleeue
I can resolue yo"^ doubt concerning what is meant by y'^ high
Land Indians amongst us y^ Wappingoes & Wickerskeck
&c haue alwayes beene reckoned so And for those I dare
382 Province of New York [^
^- ^- respond to haue them included in y" Gen'!' peace thus yo"
(NYSL) see how that affaires now stand, & though y** Churlishnesse
1669
of y'' weather will not suifer us to Acte any further (y" well
Dec. 29 wishes towards it) Yett as soone as y*^ wayes be passable I
shall be glad to giue yo" a meeting that so we may considr
y^ best way & method to bring this worke to a desird Con-
clusion I haue no more but wishing yo" all happinesse & a
beleef that I am
Yo'' most affectionate
humble servant
Fran Louelace.
Fort James Decemb'' ag'*" . 1669.
I know not if that Letter miscarryed wherein I enclosed
my Grattitude for yo'' noble p''sent w'^'' if [it] did for y*" p''sent
pray accept of this w"^ an assurance when any thing p''sents
itselfe worthy of yo" I shall then fynde a way to direct it
to yo"
The Postscript.
S'
I giue yo" hearty thanks for yo"" news as likewise that
book of y^ Relation of Mount ^tna though that ariv'd to
my hands by M^ Delavall in recompence of w'^^ this day I
receiued Lres both from England & Holland Those from
England wryte of y* Certainty of y^ Death of y'^ Queene
Mother for w'^.'' y^ whole Court is in mourning & are like
to Continue till Easter y'^ Duke of Buckgingham is made
Lord High Steward of Oxford y* Duke of Ormond Chancellor
of Oxfourd y^ L'! Roberts is gone for Ireland in y^ quallity
of Lord Lieuetent of it M^ Henry Howard is well rec"? at
ffosse by Taffeletta & his negotiation like to succeed Accord-
ing to desires.
[^ Collateral and Illustrative Documents 383
The GouernoT^ Lre to y^ Comissaryes at ^; ^•
Albany. (NYSL)
Fort James in New Yorke this
24''' day of January 1669.
Gentlemen
I Receiued yo^ Lett^ of y^ 8^'^ of January by y^ Indian, by f^^l°
•w':^ I understand of yo' health & welfare w?*" to me was a
most welcome New Yeares guift, & as it hath beene my sole
Consideration yo^ peace & happinesse so y*^ continuance of it
shall be my chiefest study, I am glad all y" Indians are so
well disposed as to Imploy themselues to y'' Beauer hunting,
I doubt not but yo" will receiue y'^ good effects of it by yo^
next yeares handling by w?'' tyme I am in greate hopes to
Constitute a firme peace w^^ y^ Indians now in Hostility
w*'' each othr & am sorry I haue hitherto brought it to no
greater perfection but must w^'all assure yo" y^ fault lay
not in y^ least on my parte in regard M^ Winthrop who
gouernes those Indians (by an Accident of y" indisposition
of his wife) has beene absent from his Gouernem' all this
sumer & Retorn'd not till y" Churlishness of y" wint^ forbad
all manner of Intercourse, In y" springe I am resolued to
proceed in y^ worke of making a Genf" peace. To w?*" end
I haue already made some p''peration thereunto w?*" I
beseech God to blesse. It tending so much to y^ uniuersall
benefitt of theise partes & perticuler yours. There is not
any thing of moment yo" haue in perticuler Recomended to
me if yo" had I should haue answered yoT desires. If any
thing falls out in y^ Interim I must recomend it to yo^ prudent
managem* till I haue y* fauour to see yo" w?*" I purpose
this suiner In y^ meane tyme I recomend yo" to y" pro-
tection of him who is able to stand by yo" in all Extremityes
w?*" God I beseech to blesse & guide yo" & him who is
Yo^ assured freind
Fran Louelace.
384 Province of New York
^- ^- The Governo'^'' Lett^ to Capt" Louelace.
2 : 489 ^
(NYSL) Broth'
1670^ I Reel yor= of y^ 2'? of Aprill 1670 by Jaques Cortelijau
& haue not since had an oppertunity to retorne you an
answer, neither was I much solicitous so to doe for my
Expectations, were to see you here dayly but understanding
of new resolutions yo" haue taken of goeing up to Albany,
& Mr Delavalls occasion likewise calling him thith^ I am
uery willing yo" should accompany him, & y^ rather in regard
some Publique affaires will occurr w?^ will require y" Assist-
ance of some Commission'^.^ for their dispatch, You are there-
fore to assist M^ Delavall in y'^ Execution of such things as
shall tend to y* good & welfare of those partes & likewise
if any priuate businesse shall fall undr yo^ consideration, to
determyn it as shall be agreeable to Justice & y'' satisfaccon
of y^ oppressed amongst w'r*' here haueing beene a Complaint
exhibited against Capt" Baker by Jochem y^ Baker & finde-
ing it not onely difficult but too tedious to decide y" Con-
trouersy here, I haue thought it good to transferr y^ matt^
to y'^ Magistrates at Albany togeth^ w-'' M- Delavall & yo'
selfe as Comission'^ who by this are as fully declared to be
& Acte as Commissions^ as if authorized by y'^ formality of
a Comission, I know yo" will be vigilant to haue an inspec-
tion into all matters that shall relate to y" Publique both as
to y'' Garrison & Civill affayres y'^ Account whereof I shall
expect from you both not doubting but that yo" will com-
port yo^ selfe w'*^ such prudence & moderation as shall tend
to y*" firme Establishm' of y^ Publique interest there & giue
me an occasion to subscribe my selfe
Yo^ affectionate brother
Fran: Louelace
Fort James ilf'^of
Aprill 1670.
[x&] Collateral and Illustrative Documents 385
Instructions for M' Thomas Delavall & ^- ^
2 : 490
Capt" Dudly Lovelace at their Arivall (NYSL
to Albany.
1. That they show M^ Winthrops Lett^ to me to y* [Apr^°i]
Magistrates there & consult what is best to be done to y^
Accomplishm' of a peace betweene y" Maquases and North
Indians.
2. To see what Condition y* Garrison is & to Contrive
a way for y^ reperation of y" fFort
3. To state y^ Souldiers Accounts & informe me what is
due to them that so they may be supplyed
4. To see in what reperations y" Confiscated houses are
& (if an advantagious proffer happens) to contract for y"
sale of them
5. To see how y^ Excise is paid & what is in Arrears &
to farme it anew for y'^ yeare ensueing.
6. To Examyne into M^ Renslaers Rent of Come & what
he is behynde & to speed hither as likewise to put it in a
certaine method.
7. To acquaint y^ Magistrates that I look upon that
Church & Ministry as the Parochiall Church of Albany (for
so it was found Establis'ht by my p'^decessoT & myselfe) &
leaue y'^ supportation of it to y^ discretion of y'' magistrates
to maintaine a minister eith^ by way of Taxe or otherwise &
that no Inhabitant of what opinion soever be Exempt but
beare his proportion, & that they giue me an Account of
their transactions in this perticuler.
8. To make a prohibition that no strangers coming from
hence or goeing from Albany that haue no residence at
Schanecktade do trade there & that y^ Inhabitants of
that place be likewise lymitted as to their Trade w"" y^
Indians
[25]
386 Province of New York [^±\
C- A. g_ To inquire if it were not more advantagious to y^
(NYSL) Towne of Albany to haue anothT house for y" Indians at y^
r 670 1 Entrance of y" Towne below y" Hill that so y'^ Inhabitants
[Apr. iij may haue an Equall benefitt of y^ Trade as well those that
are below as those aboue
10. To prosecute y" designe of raysing a Troop of horse
there of y® w?'' I recomend M^ Renslaer to be Capt"
^°''-'^at' fFrancis Louelace Esq'' &c. To Silvester
(NYSL) Salisbury Lieu'.
Tuly'13 ^y vertue of y^ Coinission & authority vnto me given by
his R. H? James D. of Y. & Albany &c. I do constitute &
appoint you Silvester Salisbury, & you are hereby Constituted
& appointed to bee Lieutenant of a Company of Foote under
my Cofnand & Coiriander in Cheife of the Garrison at
Albany, You are to take into yo'' Charge & Care the s^
Garrison under mee & duly to exercise both yo"^ Inferio''
offic", & souldy" in armes, & to vse yo"^ best Care, skill &
Endeavo''% to keepe them in goo[d] order & discipline,
Hereby requiring all Inferior Offic"'^ & souldyers (under yo''
Cofnand) to obey you as their Lieu'. And you are likewise
to observe & follow such orde[rs] & directions, as you shall
from time to time receive from mee, or other yo"" Superio''
Offic^^ according to y'' discipline of Warre, Given under my
hand & seal at ffort James in New Yorke this 13"' day of
July 1670
[Francis Lovelace.]
An Ensignes Coiriission to C. D. Lovelace'
— same date.
'Captain Dudley Lovelace.
See Analytical Index
Vol. III.
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