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MINUTES 

of  the 

EXECUTIVE  COUNCIL 


* 


Frontispiece  Vol.  I 


JAMES,  DUKE  OF  YORK,  AS  JAMES  II. 

from  the  Original  Painting  by  John  Riley  in  the  National  Portrait  Gallery,  London. 
(Original  measures  47%  by  38V£   inches.) 


of   New  "\ 


\(orK  (colony). 


\\ 


MINUTES   of  the 

EXECUTIVE    COUNCIL 

of  the    Province   of   New  York  ' 


Administration  of  Francis  Lovelace 

1668-1673 

•  1 

Volume  I  ^^ 

MINUTES 


COLLATERAL  AND  ILLUSTRATIVE 

DOCUMENTS 
I-XIX 


Edited  by  VICTOR  HUGO   PALTSITS,   State  Historian 


PUBLISHED  by  the  STATE    OP   NEW  YORK,  ALBANY,    1910 


n 


REPORTED  TO  THE  LEGISLATURE 
April  5th,  1909 
May   2d,    1910 


Albany,  N.  T. 

J.  B.  Lyon  Company,  State  Printers 
1910 


TABLE   OF   CONTENTS 


Page. 

Table  of  Contents 5 

List  of  Illustrations 7 

Key  to  Abbreviations 9 

Introduction 1 1 

Minutes  (annotated) 19 

Collateral  and  Illustrative  Documents  in  this  volume, 

Nos.  I  to  XIX,  as  follows:  — 
No.  I.     Proclamation   of  Fast    Days,  September  8th 

and  22d,  1668 191 

No.  II.     Regulation    of   Commerce  —  Exports    and 

Imports 194 

No.  III.     John  Archer,   and   his  Controversies  with 

Fordham,  Harlem,  Westchester,  and  Individuals.  1 95 

No.  IV.     New  Ferry  at  Spuyten  Duyvil 222 

No.  V.     New  Road  between  New  York  and  Harlem .  230 
No.  VI.     Town  of  Westchester,  William  Willett  and 

Thomas  Hunt,  Sr 231 

No.  VII.     Yonkers  —  Van  der  Donck's  Purchase.  .  .  .  234 
No.  VIII.     Bushwick  vs  Newtown  —  Boundary  Dis- 
pute    235 

No.  IX.     Nangenutch  alias  Will,  an  Indian,  for  Rape 

at  East  Hampton,  L.  1 240 

No.  X.     Esopus  Papers  —  Kingston,  Hurley  and  Mar- 

bletown 241 

No.  XI.     Delaware  —  Long  Finn  Insurrection 309 

No.  XII.     Delaware —  Rape  by  an  Indian 323 

No.  XIII.     Delaware  — Case  of  William  Douglas.  .  .  324 

No.  XIV.     Newtown — Case  of  Abraham  Frost.  .  .  .  326 


Table  of  Contents 


Page. 

No.  XV.  Controversy  between  Nicasius  de  Sille  and 

Catharina,  his  wife,  about  their  Estates 327 

No.  XVI.  Divorce  Case  of  Rebecca  Leveridge  against 

Eleazar  Leveridge,  of  Huntington,  Long  Island .  33 1 

No.  XVII.  Staten  Island  —  Final  Purchase  of  Island 

from  Indians  in  1670 337 

No.  XVIII.  Thomas  Mayhew,  Jurisdiction  of  Mar- 
tha's Vineyard,  Nantucket,  and  other  Islands, 
etc 345 

No.  XIX.  Albany  Affairs  and  Pacification  of  the 

Mohawks 377 


Note: — These  Collateral  and  Illustrative  Documents 
are  continued  and  concluded  in  the  second 
volume. 


ILLUSTRATIONS 


Portrait  of  James,  Duke  of  York,  as  James  II . .  Frontispiece 

From  the  original  painting  by  John  Riley  in  the  National  Portrait  Gal- 
lery, London,  England.  It  is  undated  but  shows  a  younger  face  than 
the  portrait  by  Kneller  in  the  same  collection,  which  represents  him  at 
the  age  of  fifty-one  years. 

Facsimiles  of  the  Autographs  of  Richard  Nicolls  and  Fran- 
cis Lovelace,  the*  First  Two  English  Governors  of  New 

York  —  Exact  Size Opposite  p.  1 1 

First  Page  of  the  Council  Minutes Opposite  p.  21 

Articles  of  the  Surrender  of  New  Netherlands  in  1664 
Opposite  p.  65 

From  the  very  rare  original  Dutch  broadside  in  the  New  York  Public 
Library.  It  was  probably  issued  in  Holland  to  be  used  as  a  poster. 

Draught  of  the  Land  in  Dispute  between  Pell  and  Rich- 
bell  Opposite  p.  1 19 

From  the  original  manuscript  in  Land  Papers,  vol.  i,  p.  10,  in  the 
office  of  the  Secretary  of  State. 

Facsimile  of  the  Title  Page  of  Daniel  Demon's  "Brief 
Description  of  New- York/'  1670 Opposite  p.  132 

From  a  very  rare  copy  intact  with  the  date  in  Columbia  University 
Library.  It  is  the  first  separate  printed  account  of  New  York  in  English. 

A  Page  of  the  Council  Minutes,  showing  the  lower  quarter 
rotten  and  the  writing  faded Opposite  p.  137 

Draught  of  Fordham  and  the  Meadow,  [1669]. 
Opposite  p.  195 

From  the  original  manuscript  in  Land  Papers t  vol.  i,  p.  13,  in  the  office 
of  the  Secretary  of  State. 

7 


8  Illustrations 


Reduced  Facsimile  of  Robert  Rider's  Survey  of  Long  Island 
and  Environs,  1670 Opposite  p.  237 

From  the  original  manuscript  (17^  by  51  inches)  owned  by  the  New 
York  Historical  Society,  by  whose  courtesy  it  is  reproduced  here. 

Last  Page  of  the  Proceedings  of  the  Court  held  at  Esopus 
(Kingston)  in  1670,  with  the  Signatures. .  Opposite  p.  303 

Signatures  of  Witnesses  to  the  Indian  Indenture  Deed  con- 
veying Staten  Island  in  1670 Opposite  p.  340 

From  the  original  manuscript  now  in  the  archives  of  the  New  York 
State  Library,  but  of  late  in  Land  Papers,  vol.  i,  in  the  office  of  the  Sec- 
retary of  State.  The  duplicate  indenture  deed  is  owned  by  the  New 
York  Historical  Society. 

Marks  of  Indians  on  the  Indenture  Deed  conveying  Staten 
Island  in  1670 Opposite  p.  341 

See  preceding  note. 

Plan  of  Manhattan  Island  and  Environs,  with  an  Inset  Plan 
of  New  York  City,  circa  1665 In  Pocket. 

From  the  original  manuscript  in  the  British  Museum,  London,  Eng- 
land, Additional  Manuscripts,  No.  16371.  It  is  the  so-called  Nicolls 
map,  a  name  given  to  it  because  produced  while  Richard  Nicolls  was 
governor  of  New  York.  It  is  the  largest  extant  plan  of  Manhattan 
Island  made  during  the  English  colonial  period,  and  is  reproduced  here 
in  exact  size  of  the  original. 


KEY  TO   ABBREVIATIONS 


This  key  is  designed  to  elucidate  only  the  more  abstruse 
abbreviations  and  contractions  that  occur  in  these  two 
initial  volumes  to  assist  the  amateur  in  reading  the  texts. 
The  writers  of  the  original  manuscripts  did  not  always  mark 
contractions  as  custom  demanded  and  they  were  not  par- 
ticularly consistent  when  they  did  mark  them.  In  these 
volumes  the  texts  are  printed  as  closely  verbatim  et  literatim 
et  punctuatim  as  typography  will  allow.  The  contraction 
mark  is  usually  placed  on  or  over  the  letter  which  immedi- 
ately precedes  the  place  of  elision  ;  but  there  are  exceptions. 
Perhaps  the  commonest  survivals  of  signs  that  have  come 
down  to  the  present  day  are  &f  (and),  a  cursive  writing  of 
the  Latin  word  et ;  and  ^  (Per). 

A  mark  over  a  letter  sometimes  indicates  that  it  is  doubled, 
as  in  comonly,  rune,  Sumes. 
Admtors= Administrators. 
ats  =  alias. 
fc  =  syllable  ber,  as  in  Hifcniae  (Hiberniae),  Rofct  (Robert), 

Decemfe,  (December). 
C.  A.  =  an  editorial  designation  for  the  manuscript  records 

of  the  Court  of  Assizes,  vol.   2,  in  the  New  York 

State  Library. 
Col.  MSS.  =an  editorial  designation  for  the  volumes  of  New 

York  Colonial  Manuscripts  in  the  New  York  State 

Library. 

Cott  and  Colt  :  =  Col  one!. 

Comners,  Com5?*,  Comn"  and  Coin1?  =  Commissioners. 
Comp*1  =  Complaint, 
con  =  syllable  tion  in  words  that  have  it. 
D&  =  Defendant. 
Dfi6  =  Domine. 
Dm  =  Domini. 

9 


io  Key  to  Abbreviations 

G.  E.  =  an  editorial  designation  for  the  manuscript  volumes 
of  General  Entries,  vols.  I  and  4,  in  the  New  York 
State  Library. 

Gen**1,  Gen11,  Gen^1  and  Genr.tt  =  Generall. 

Gent.=  Gentleman,  Gentlemen. 

gra= gratia  (p.  286). 

Im  =  Item. 

Inhitants  =  Inhabitants  (p.  231). 

int= inter  (between). 

itt  :  1 8s  :  ooa  =  One  pound,  eighteen  shillings  and  no 
pence,  English  money. 

Lres  =  Letters. 

Magrate  =  Magistrate. 

MaH68  =  Ma jesties  (Majesty's). 

O.  W.  L.=  an  editorial  designation  for  the  manuscript  vol- 
ume of  Orders,  Warrants,  Letters,  vol.  2,  in  the  New 
York  State  Library. 

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

P  and  p  =  syllable  pro. 

PetnT5  =  Petitioners. 

P'ts  =  Plaintiffs. 

poc?  =  pound  (p.   148). 

p nts= presents  (p.  235). 

q$  =  syllable  que,  as  in  Annocp  (Annoque),  Public^  (Pub- 
lique);  also  used  as  a  contraction  in  Escp  (Esquire). 

Rich  =  Richard. 

sd  =  said. 

Souttiton  =  Southampton. 

Jf  and  t  =  syllable  ver  in  Dutch  texts. 

wc.h=  which. 

Xpians  =  Christians. 

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


Opposite  p.   M  . 


AUTOGRAPHS  OF  THE  FIRST  AND  SECOND  ENGLISH 
GOVERNORS  OF  NEW  YORK. 


INTRODUCTION 


nnH] 


IE  Minutes  of  the  Executive  Council  of  the  Province 
of  New  York  span  more  than  a  century  of  rime.  They 
embrace  virtually  the  entire  English  colonial  period 
of  New  York,  and  represent  official  administrative  materials 
of  the  first  magnitude.1  But  the  body  of  these  minutes  has 
never  been  printed  in  extenso,  whilst  selections  of  only  a 
very  small  part  have  appeared  in  various  works  in  unsyste- 
matic relations  and  with  many  textual  inaccuracies.2 

It  has  been  deemed  pertinent,  in  presenting  the  initial 
volumes  for  the  consideration  of  historical  students,  to 
offer  a  detailed  statement  of  plan  and  editorial  methods. 
Transcription  has  been  done  with  the  strictest  regard  for 
accuracy  and  in  accordance  with  the  best  canons  of  his- 
torical documentation.  The  State  Historian  has  himself 
copied  the  body  of  the  minutes  printed  in  this  volume,  as 
well  as  a  large  number  of  accompanying  documents,  and 
has  reviewed  and  revised  all  transcripts  directly  from  the 
originals.  Likewise,  he  has  read  the  printer's  proofs  with 
the  original  manuscripts.  He  has  selected  and  systematized 
the  documents;  has  written  all  of  the  annotations,  and 
planned  the  mechanical  coordination  of  the  material  for 
the  printer.  A  special  archivist's  key-board  was  con- 

1  A  calendar  of  the  minutes  was  published,  in  March,  1902,  as  Bulletin  58 
of  the  New  York  State  Library,  which  is  designated  more  particularly  as 
No.  6  of  the  library's  history  series. 

*  For  example,  in  Documents  relative  to  the  Colonial  History  of  the  State  of 
New  York,  vols.  12-14,  embracing  selections  for  the  years  1668  to  1683. 


12  Province  of  New  York 


structed  for  the  typewriter  and  special  sorts  of  abbreviations 
were  designed  for  punches  for  the  printer. 

Brevity  and  crudity  characterize  these  minutes  —  hence 
they  are  very  often  involved  or  unintelligible.  Business 
determined  in  council,  but  not  engrossed  in  the  minutes, 
has  been  found  in  the  volumes  of  general  entries.  Great 
pains  have  been  taken  in  studying  and  interpreting  the 
materials.  The  business  in  council  originated  from  litiga- 
tions, petitions,  complaints,  letters  and  other  papers  which 
came  before  the  governor  and  his  associates  for  considera- 
tion; and  the  proceedings  in  council  gave  origin  to  com- 
missions, court  cases,  orders,  warrants,  letters,  licenses, 
passes,  proclamations  and  other  official  papers.  In  order 
to  revivify  the  minutes  and  restore  the  administrative 
history  of  the  period,  the  engrossed  miscellaneous  records,1 
engrossed  deeds,2  and  original  colonial  manuscripts  3  were 
combed  over  several  times  for  the  collateral  documents 
which,  more  or  less  veiled,  are  referred  to  in  the  minutes, 
and  for  other  records  which  are  quite  as  illustrative  of  the 
matters  discussed  and  adjudicated.  These  two  classes 
of  records  have  been  brought  together  in  cases  or  groups 
as  "Collateral  and  Illustrative  Documents."  They  are 
placed  after  the  body  of  the  minutes;  are  authenticated 
properly  as  to  source,  and  each  case  or  group  has  been 
given  a  distinct  roman  number.  The  discovery  of  this 
accompanying  material,  often  dimly  discernible  as  to  its 
relationship,  has  involved  a  great  task  and  has  consumed 
much  time.  The  engrossed  records  are  proof  that  they 

1  Known  as  Orders,  Warrants,  Letters,  vol.  2;  General  Entries,  vols.  i  and  4; 
Court  of  Assizes,  vol.  2,  including  miscellaneous  records  as  well  as  the  court 
records.  In  Archives  of  the  New  York  State  Library. 

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

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


Introduction  13 


were  entered  often  days,  sometimes  months  and  even  a 
year  or  more  after  the  date  of  their  origin.  Whenever  a 
subject  appears  in  the  minutes  which  can  be  elucidated  by 
related  records,  reference  is  made  in  a  foot-note  of  the  min- 
utes to  the  proper  numerical  group  or  groups  of  the  "Col- 
lateral and  Illustrative  Documents." 

The  council  minutes  in  this  volume  cover  the  period 
during  which  Colonel  Francis  Lovelace  was  governor  under 
the  Duke  of  York,  from  the  first  convening  of  the  council, 
on  September  2,  1668,  until  interruption  just  before  the 
retaking  of  New  York  by  the  Dutch,  in  the  summer  of  1673. 
It  is  known  that  Colonel  Richard  Nicolls,  who  was  the 
predecessor  of  Lovelace  from  August,  1664,  until  about 
August,  1668,  had  an  advisory  council;  but  no  minutes 
exist  for  that  period,  and  no  evidence  has  been  found  that 
distinctive  minutes  were  kept.  The  executive  acts  of 
Nicolls  are  available  in  general  entries  and  correspondence, 
and  the  minutes  of  the  court  of  assizes  for  the  period  reveal 
functions  similar  to  those  afterwards  embodied  in  regular 
council  minutes.  The  court  of  assizes,  in  fact,  acted  as  a 
law  making  body.  So  that,  notwithstanding  the  prescrip- 
tions in  the  code  known  as  the  Duke  of  York's  laws,  there 
were  provisions  that  appear  not  to  have  become  immediately 
operative. 

The  annotations  to  the  council  minutes  are  designed 
particularly  as  supplementary  data.  They  add  to  the 
understanding  of  the  material  and  intensify  the  personnel 
of  the  records.  A  real  difficulty  was  encountered  in  keep- 
ing that  part  of  the  work  within  reasonable  limits,  on  account 
of  the  superabundance  of  data  that  had  been  gathered  for 
editorial  service.  The  annotations  usually  authenticate 
themselves.  They  are  derived  from  original  manuscripts 
and  engrossed  records  of  the  State  preserved  in  the  archives 


14  Province  of  New  York 


of  the  New  York  State  Library  and  the  office  of  the  Secre- 
tary of  State.  The  printed  local  records  of  the  jurisdictions 
of  the  period  have  been  consulted,  and  some  hundreds  of 
such  secondary  works  as  county  and  town  histories  and  genea- 
logical publications  have  been  examined.  It  is  manifest 
that  these  secondary  works  cannot  be  guaranteed  for  every 
statement  quoted.  They  vary  greatly  as  to  value,  but 
they  do  at  times  supply  important  sidelights  and  furnish 
creditable  data  not  otherwise  obtainable  in  print.  They 
have  been  used  cautiously  and  often  are  merely  suggested 
at  the  end  of  a  note.  It  has  not  been  my  purpose  to  write 
biographical  or  genealogical  notes.  That  feature  is  inci- 
dental to  the  main  object.  I  have  sought  to  illustrate  who 
the  persons  were,  in  their  bearing  and  relations  to  the  events 
in  which  they  figure  in  these  particular  minutes  and  gen- 
erally within  the  period  embraced  by  the  administration 
of  Governor  Lovelace.  But  it  has  been  deemed  wise  at 
times  to  extend  the  period  at  both  ends  in  the  interest  of 
lucidity.  It  would  have  rejoiced  me  much  to  have  carried 
on  these  investigations  among  the  unpublished  original 
local  records  of  New  York  City,  and  the  old  settlements 
of  Long  Island,  Westchester,  Ulster  and  Albany  counties. 
Such  investigation  would  have  led  also  far  afield,  into  the 
colonial  archives  of  neighboring  colonies  and  the  records  of 
the  Public  Record  Office,  in  London.  Lack  of  time,  money 
and  assistants  were  sufficient  reasons  for  waiving  such  a 
herculean  task.  The  chief  result  of  such  extended  inquiry 
would  have  been  a  more  intimate  exhibit  of  intercolonial 
relations,  local  conditions,  and  the  status  of  particular 
litigations  in  courts  of  sessions,  before  they  were  handed 
up  to  the  governor  and  council  or  to  the  court  of  assizes. 
The  bodies  of  early  court  records  of  colonial  New  York 


Introduction  15 


should  be  published  independently  as  an  organic  whole.1 
In  this  work,  the  minutes  of  the  court  of  assizes  have  been 
quoted  in  the  annotations.  But  one  exception  has  been 
made,  in  the  case  of  Richard  Smith  against  the  town  of 
Huntington,  because  that  controversy  persisted  through 
some  years,  in  council  and  in  courts.  A  full  transcript  of 
that  case  from  the  minutes  of  the  court  of  assizes  has  been 
included  with  the  other  collateral  papers  of  the  period. 

It  is  regrettable  that  there  are  gaps  in  the  related  docu- 
ments and  that  imperfections  in  others  mar  the  continuity 
of  evidence.  Ignorance,  vandalism  and  war  have  con- 
tributed their  share  of  havoc  in  the  past,  and  it  is  remarkable 
that  so  many  of  the  records  yet  remain.2  In  compliance 
with  a  joint  resolution  of  the  legislature,  passed  February 
18-19,  1819,  many  of  the  records,  then  in  the  office  of  the 
Secretary  of  State,  were  rebound.  The  set  of  council 
minutes  and  the  related  volumes  of  general  entries  were 
among  them.  But  as  the  lettering  of  the  bindings  was  done 
carelessly,  titles  were  transformed  and  sets  became  mixed.3 

The  council  minutes  now  printed  in  this  volume  cover 
one  hundred  and  fifty-nine  pages  of  a  small  folio  volume 
lettered  "COUNCIL/MINUTES/3/i 668-1 678/SECRYS/ 
OFFICE."  The  volume  has  also  an  early  manuscript 
index,  for  1668-1673,  of  eleven  unnumbered  pages.  This 
constitutes  part  i.  Part  ii  begins  with  October  31,  1674,  and 
ends  with  the  session  of  November  30,  1678,  and  has  one 

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

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

1  An  account  of  these  records  was  printed  as  Senate  Document,  No.  2, 
entitled:  Report  of  the  Secretary  of  State  relative  to  the  Records,  etc.  in  his 
Office.  Albany,  1820.  Folio,  43  pp.  Many  of  them  were  removed  to  the 
New  York  State  Library,  by  act  of  legislature,  passed  April  19,  1881  (N.  Y. 
Laws,  1881,  ch.  120). 


1 6  Province  of  New  York 


hundred  and  eighty-eight  pages  and  an  early  index  of 
fifteen  unnumbered  pages.  The  volume  number  does  not 
appear  in  the  manuscript,  but  on  preliminary  blank  leaves 
are  found,  in  early  handwritings:  "Matters  Relating  to 
Council  1668.  to  73",  and  "Matters  of  Councell."  During 
the  rebinding,  already  referred  to,  "General  Entries  1664- 
65 "  1  and  "Court  of  Assize,  1665-72"  were  lettered  as  i 
and  2,  respectively,  of  a  set  of  thirty-three  volumes  of  council 
minutes  and  general  entries,  which  caused  the  first  volume 
of  council  minutes  to  be  dubbed  as  3.  The  minutes  of  the 
intervening  Dutch  control  (1673-4),  are  in  New  York 
Colonial  Manuscripts,  vol.  23,  pp.  1-270,  and  have  been 
translated  and  printed  in  Documents  relative  to  the  Colonial 
History  of  the  State  of  New  York,  vol.  2,  pp.  569-730. 
Toward  the  end  of  the  second- part  of  the  so-called  third 
volume  another  interruption  in  the  minutes  occurs  from 
November  10,  1677,  to  August  17,  1678,  including  the  period 
of  the  visit  of  Governor  Edmund  Andros  to  England  and 
the  temporary  regime  of  Captain  Anthony  Brockholls.  A 
few  minutes  for  this  period  are  found  in  New  York  Colonial 
Manuscripts,  vols.  26  and  27.  A  volume  of  "General 
Entries"  (1671-1674),  having  been  lettered  as  4,2  the  next 
volume  of  the  minutes  for  1683  to  1688  is  marked  as  5, 
producing  a  gap  from  1678  to  1683,  part  of  which,  to  Novem- 
ber 19,  1680,  is  supplied  in  New  York  Colonial  Manu- 
scripts, vols.  28  and  29,  whilst  executive  acts  are  recorded 
in  "General  Entries"  (1678-1680),  lettered  as  vol.  32,  and 
in  "Entries"  (1682-1683),  lettered  as  vol.  33.  Another 

'Printed  and  abstracted  as  History  Bulletin,  No.  2  (May,  1899),  of  the 
New  York  State  Library. 

» Really  vol.  4  of  the  miscellaneous  engrossed  records.  In  1772,  a  vol.  4  of 
the  council  minutes  was  yet  in  the  secretary's  office,  covering  from  December, 
1678,  to  September,  1683.  This  is  now  missing  and  its  whereabouts  is 
unknown. 


Introduction  17 


hiatus  in  the  minutes  occurs  between  vol.  5,  breaking  off 
with  the  last  council  under  Governor  Thomas  Dongan, 
August  2,  1688,  and  vol.  6,  which  begins  with  the  first 
council  under  Governor  Henry  Sloughter,  on  March  19, 
1691.  The  State  has  no  regular  minutes  for  the  first  year 
of  this  period  when  New  York  was  united  with  New  England 
under  Governor  Edmund  Andros,  but  the  administration 
of  Jacob  Leisler,  for  the  years  1689  to  1691,  is  represented 
by  a  few  minutes  and  many  letters,  commissions,  appoint- 
ments, orders,  accounts,  etc.,  in  New  York  Colonial  Manu- 
scripts, vol.  36.  Beginning  with  vol.  6,  the  minutes  form 
virtually  an  uninterrupted  series  till  February  14,  1776, 
inclusive.  There  are  also  a  few  minutes  of  councils  of 
Governor  James  Robertson  and  Lieutenant  Governor 
Andrew  Elliott,  from  March  23,  1780,  to  November  19, 
1783,  of  sessions  in  New  York  City  during  the  British 
occupation.1 

When  the  first  regular  colonial  legislature  2  was  convened, 
in  1691,  by  Governor  Sloughter,  the  council  became  a  legis- 
lative body,  coordinate  with  the  assembly,  but  continued 
also  its  executive  sessions.  Its  legislative  minutes  have 
been  printed  in  two  large  volumes,  as  Journal  of  the  Legis- 
lative Council  of  the  Colony  of  New-York.  Began  the  qth 
day  of  April,  1691;  and  ended  the  ^d  day  of  April,  1775 
(Albany,  1861).  The  executive  and  legislative  minutes  were 
first  entered,  reversed,  in  vols.  6  to  8,  the  legislative  minutes 
occupying  the  end  of  each  volume.  In  vol.  6  were  entered 

1  As  the  governors  of  the  royal  colonies  were  required  to  transmit  regularly 
to  England  copies  of  council  proceedings,  among  other  official  records,  for 
approval  and  information,  many  of  them  are  yet  preserved  in  the  Public 
Record  Office,  London,  among  the  Colonial  Office  Papers,  Class  5.  Some  of 
the  gaps  that  appear  in  the  State's  archives,  after  1686,  it  will  be  possible  to 
supplement  from  this  source.  See  Andrews.  List  of  the  Journals,  etc., 
pp.  477,  ff.,  in  Appendix  D.  Ninth  Report  of  the  Public  Archives  Commis- 
sion of  the  American  Historical  Association,  1908. 

*  There  was  of  course  a  representative  assembly  as  early  as  1683. 


1 8  Province  of  New  York 


also  the  minutes  of  the  council  in  its  judicial  capacity,  for 
1687-1688,  and  in  vol.  7  the  proceedings  of  the  court  of 
oyer  and  terminer,  for  1679-1685.  The  executive  and 
legislative  functions  were  mingled  in  vols.  9  to  17  (1702- 
1736),  and  the  legislative  minutes  that  have  been  printed 
were  marked  at  the  time  of  publication  by  a  pen  or  pencil 
line  in  the  margins  of  the  manuscripts.  Vols.  18,  20,  22, 
24,  27,  28,  and  30  contain  only  legislative  minutes  and  were 
printed  entire  in  1861.  Vols.  19,  21,  23,  25,  26,  29,  and  31 
complete  the  quota  of  engrossed  executive  council  minutes. 
But  the  State  has  besides  the  engrossed  minutes  parts  of  two 
extra  sets.  The  second  set  is  made  up  of  rough  copies  in 
blank  books  and,  allowing  for  some  breaks,  covers  the  years 
1709  to  1776.  The  third  set  contains  the  original  drafts 
of  the  proceedings  on  loose  sheets,  from  1754  to  1775.*  So 
it  will  appear  evident  that  the  proper  editorial  supervision 
of  the  executive  council  minutes,  for  a  large  period,  will 
require  a  careful  collation  of  two  or  three  sets  owned  by 
the  State  and  the  minutes,  after  1686,  in  the  Public  Record 
Office,  London.  Only  by  this  procedure  can  a  standard 
text  be  established.  Added  to  this  task  is  the  selection 
and  proper  coordination  of  the  miscellaneous  engrossed 
and  original  documents  for  the  entire  body  of  minutes, 
commensurate  with  the  plan  outlined  and  put  into  execution 
in  these  initial  volumes.  The  State  could  not  do  itself 
greater  honor  than  to  encourage  the  persistent  prosecution 
of  a  work  so  important  for  students  and  so  desirable  to 
rehabilitate  her  administrative  history  during  the  entire 
English  colonial  period. 

VICTOR  HUGO  PALTSITS 

State  Historian 
Albany,  July  27,  1910. 

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


MIN  UTES 


1668-1673 
19 


Opposite  p.   21. 


fe  tff?  Lett afr<**r  &ina  JR*  tff 


\H-ff  tiA^ftf-Jlf* 


. 

: 


FIRST  PAGE  OF  THE  COUNCIL  MINUTES. 

(Reduced  from  ll^  by  7%  inches.) 


[sJp?8a]  Executive  Council  Minutes  21 


[i]  At  a  Councell  held  at  Forte  James  in  New 

Yorke  y6  2*  day  of  Septem:  1668. 
Present. 

His  Honor  ye  Governor 
Mr  Mayof 
Cap*  Willett 
Mr  Whitfield 
The  Seer:1 

It  is  this  day  Ordered,  That  a  Fast  or  Day  of  Humiliation  A  Fast 

bee    kept   throughout   this   Governm*   to   deprecate   Gods  da?r  ap~ 
.   r  to  .  .     £  pomted.- 

afflicting  hand  from  us,  &  to  imprecate  his  Blessing  upon 
the  Governor  &  Governing  To  w0*1  end  a  Proclarnacon  is 
to  bee  issued  forth.// 2 

Ordered,  That  Tuesday  next  bee  y6  day  appointed  to  bee 
sett  apart  being  the  8th  of  this  instant  Month,  for  the  City 
of  New  Yorke  &  the  Libertyes  thereof./ 

Ordered,  That  Tuesday  Fortnight  following  being  the 
22th  day  of  this  Month  bee  observed  in  like  manner  for  the 
Inhabitants  of  Albany  &  ye  Sopez,3  &  soe  likewise  through- 
out all  ye  rest  of  his  Royall  Highness  Territoryes  upon 
Long  Island  &c:/ 

Ordered,  That  Proclamations  bee  speedily  issued  out 
to  the  respective  Places,  &  that  the  Proclamation  for  this 
City  bee  read  on  Thursday  next  at  the  State-House,  at  the 
usuall  houre,  of  which  Notice  is  to  bee  given./ 

1  Francis  Lovelace,  governor;  Cornells  Steenwyck,  mayor  of  New  York 
City;  Captain  Thomas  Willett,  former  mayor  of  New  York  City;  Ralph 
Whitfield,  treasurer  of  the  province;  Matthias  Nicolls,  secretary  of  the 
council. 

•Collateral  and  Illustrative  Documents,  No.  I.  See  also  Records  of  New 
Amsterdam,  vol.  6,  p.  144. 

1  Esopus,  or  the  Esopus,  and  officially  renamed  Kingston  on  September  25, 
1669;  but  the  new  name  is  actually  applied  two  days  earlier  in  the  documents. 
—  Collateral  and  Illustrative  Documents,  No.  X. 


22  Province  of  New  York  Upt683] 

[2]     At    a    Councell    held    Septembr    the    3d 

1668.  &c:  — 
Present. 

The  Governor 

Mr  Mayor 
Capt  Willett 
Mr  Whitfield 
The  Secretry 

Settlem*  The  Matt?  under  consideracon  was  about  ye  Settlem*  of 
Commerce  between  this  &  the  NeighboT  Colonyes  in  the 
West-Indyes  &c:  the  wch  was  digested  into  severall  Heads, 
&  Recorded  Coppyes  whereof  are  affixt  at  the  Custome 
House,  &  have  been  sent  abroad  to  the  respective  places.// 
They  are  upon  Record,  soe  omitted  here.^1 

Nov.  6.  1668.     Before  noone. 

At  a  Speciall  Meeting  appointed  by 
the  Governor  to  heare  a  Matt?  in 
Difference  between  — 
The    Inhabit1.5   of  New    Harlem       \ 
by   Dan:    Turnier,  Jn?  Vervelen        I  P*.ts 
Resolved  Waldron,  &  ye  Constable2  ) 

John  Archer Def* 

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

1  Collateral  and  Illustrative  Documents,  No.  II. 

*  Daniel  Tourneur,  whose  name  is  also  found  in  the  records  as  Terneur, 
Turneir,  Turnier  and  Turner,  was  then  deputy  sheriff;  Johannes  Verveelen 
was  ferryman,  an  overseer  and  former  constable;  Resolved  Waldron  was  an 
overseer  and  former  constable;  and  Pieter  Roelofsen  was  constable  of  Harlem. 
For  an  account  of  this  controversy  and  personal  data  of  the  persons  men- 
tioned above  see  Riker.  Revised  History  of  Harlem  (New  York,  1904), 
pp.  248-251,  261,  634-635,  678-680,  691-694,  792,  793;  Toler  and  Nutting. 
New  Harlem  (New  York,  1903),  pp.  47-50,  304-309,  311-312;  Records  of 
New  Amsterdam,  vol.  6,  p.  150. 


Executive  Council  Minutes  23 


[3]  The   Def'  denyes  any  Clayme  to  ye  Lotts  upon  the  Difference 

about 
Land. 


Maine  N?  I.  2.  3.  4.  wth  wch  hee  is  charged,  but  hath  pur-  about 


chased  Land  near  adjoyning  that  was  the  Youncker  Van  der 
Duncks;1 

It  being  taken  into  Consideracon,  It  was  order'd2  That 
the  Def*  doe  bring  in  the  Pa*  for  the  Younckers  Land  in  15 
dayes  time,  wth  what  Right  hee  hath  to  the  Land  where  hee 
hath  built,  at  wch  time  some  Persons  shall  bee  appointed  to 
view  the  Meadow  belonging  to  Harlem3  upon  the  Maine,  & 
to  make  Reporte  hojv  it  may  bee  preserved  from  the  Deft3 
trespassing  on  it,  wch  said  Persons  shall  also  bee  ordered  to 
view  the  Passage  at  Spiting-Devill,  how  it  may  bee  made 
convenient  for  Travailers  &  Drift  of  Cattle,  ye  fferry  at 
Harlem  being  found  incommodious,  &  not  answering  the 
Ends  formerly  proposed./4 


After 


noone.^ 


The  other  part  of  y*  Comp1*  about  a  piece  of  Land  upon  Debate 
the  Manhattan  Island  by  Spiting  Divell  said  to  bee  bought  about 
by  the  Def*  from    Lamberts  &  Cockijt5  being  heard; 

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

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

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

« Collateral  and  Illustrative  Documents,  No.  IV. 

8  Joost  Kockuyt  (also  Cockhuijt,  Cocquijt),  a  native  of  Bruges,  in  Flanders, 
came  over  by  way  of  Holland  hi  the  ship  "Gilded  Otter,"  which  left  Texel  on 
April  27,  1660.  He  married,  in  1662,  the  widow  of  Pieter  Jansen  and  so 
became  part  owner  with  Thomas  Lambertsen  of  a  tract  of  land  known  as 
the  Jansen  and  Aertsen  patent,  located  in  the  town  of  Harlem  at  Sherman's 
Creek,  and  since  forming  the  "  Dyckman  Homestead,"  near  Spuyten  Duyvel. 
The  joint  owners  sold  this  land  to  John  Archer,  of  Westchester,  for  six  hun- 
dred guilders,  but  Governor  Nicolls  would  not  confirm  the  transaction  for 
reasons  here  stated  in  the  council  minutes.  Kockuyt  sold  out  his  interest 
later  to  Paulus  Richard,  of  New  York,  who  became  involved  with  Lambertsen 
in  this  "  difference  long  depending  "  with  the  town  of  Harlem.  The  case  was 


24  Province  of  New  York  UiS^J 

The  Def  *  was  askt  by  the  Governor  how  much  hee  gave  for 
theLand,  hee  answered  hee  gave  600  Guildr.s& spent  40  Guild1?* 

The  late  Governor.sl  Reasons  for  not  confirming  the  Old 
Patent,  in  regard  it  might  bee  injurious  to  ye  Towne  of 
Harlem  were  considered. ^ 

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

&  noe  Settlement  since; 

The  small  Consideration  given; 

Vpon  Mature  Consideration  &c:// 

They  doe  judge  that  the  Land  in  question  on  this  Island 
by  Spiting-Divell,  shall  belong  to  the  Towne  of  Harlem, 
both  by  vertue  of  their  Patent,  &  the  Elapse  of  their  former 
Ground-Briefe,  but  it's  recommended  to  them  to  pay  to  y6 
pretended  Proprietor.s  what  their  first  Sale  was  for.2 

And  that  when  the  Persons  goe  to  view  the  Passage  &c: 
they  are  to  see  that  Copeall3  have  no  prejudice.  &c: — 

adjudicated  at  the  court  of  assizes  by  an  order  dated  June  22,  1670,  and 
Richard  bought  out  Lambertsen's  share,  and  took  a  bond  from  the  town  of 
three  hundred  guilders.  Kockuyt  was  of  Bushwick  (now  included  in  Brook- 
lyn), and  was  named  a  lieutenant  of  militia  for  the  towns  of  New  Utrecht 
and  Bushwick,  October  25,  1673.  His  will,  proved  April  i,  1695,  is  in  the 
surrogate's  office,  New  York  City.  Thomas  Lambertsen  "  of  Bedford  wthin 
the  Jurisdiccon  of  Breucklyn  in  the  West  Riding  of  Yorkshire,"  was  constable 
of  Brooklyn  and  kept  "  an  Ordinary  "  or  tavern  in  the  village  of  Bedford,  for 
which  he  obtained  a  license  "  to  sell  beare  wyne  or  any  otM  Strong  Liquors," 
being  given  an  exclusive  privilege  for  one  year,  from  December  17,  1668,  on 
condition  that  he  would  provide  "  for  the  Accomodation  of  Strangers  Trau- 
dlers  &  other  persons  passing  that  way  w*!1  dyett  lodging  and  Horsemeate." 
Letters  of  administration  were  granted  to  his  daughter  Elizabeth  and  his 
son-in-law  Cornelis  vander  Hoven,  on  February  5,  1702/3. —  Riker.  Revised 
History  of  Harlem  (1904),  pp.  104,  247,  250,  268;  Orders,  Warrants,  Letters, 
vol.  2,  p.  318;  Court  of  Assizes,  vol.  2,  pp.  553,  555;  N.  Y.  Col.  Docs.,  vol.  2, 
p.  646;  Collections  of  N.  Y.  Hist.  Society,  1892,  pp.  252,  310,  362;  Bergen. 
Early  Settlers  of  Kings  County,  pp.  180,  322;  Records  of  New  Amsterdam, 
vol.  6,  pp.  184,  226,  230;  Records  of  the  R.  D.  Church,  Marriages.  New  York, 
1890,  p.  28. 

1  Richard  Nicolls. 

8  Collateral  and  Illustrative  Documents,  No.  III. 

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


Executive  Council  Minutes  25 


Novem:  2il.h  1668. 
Present. 

The  Governo? 
Mr  Mayo? 
Mr  Bedloo 
Mr  Boone 
The  Secret. 

John  Archer  according  to  the  Order  of  the  6th  Instant1 
appeared  to  make  ouj  his  Title./ 

Jan  Koopal,"  and  the  son  had  been  styled  as  early  as  1662  as  "  Jan  Arcer, 
alias  Koopal,  the  younger,"  and  prior  thereto  as  "  Jan  Arcer,  alias  Neuswys 
(meaning  *  Nosey  '^,  from  Amsterdam."  The  Dutch  sobriquet  "  Koop-al  " 
(in  English  "  Buy  all  "),  seems  to  have  been  not  uncommon,  for  it  was  also 
given  to  another  contemporary  resident  of  early  New  York,  Jan  Hendricksen 
Stilman.  The  English  form  of  Archer,  which  has  descended  to  a  large  pos- 
terity, was  evolved  in  the  English  community  of  Westchester,  where  he  had 
resided  many  years,  and  where,  in  1659,  he  took  to  wife  an  English  girl  from 
Cambridge.  He  sold  out  his  house  and  lands  in  Westchester,  on  August  3, 
1666,  to  Laurence  Carter  and  Mary  Bedient.  Archer  purchased  a  large  tract 
of  Adriaen  van  der  Donck's  colony  of  "  Colen  Donck,"  which  was  erected 
into  the  Manor  of  Fordham,  of  which  he  was  the  first  lord.  He  figured  often 
in  the  court  litigations  and  other  controversies  with  his  neighbors  and  his 
tenants,  some  cases  being  embodied  in  this  volume  and  others  are  mentioned 
by  Riker.  At  the  court  of  assizes,  September  29,  1665,  he  was  defendant 
against  John  Ponton,  charged  with  keeping  back  a  sum  of  money,  an  overplus 
of  a  fine  for  which  Ponton  had  been  adjudged  liable  to  Archer  by  a  former 
suit  at  law,  and  also  for  counterfeiting  an  execution  which  he  used  against 
Ponton.  He  was  bound  over,  March  2,  1668/9,  to  the  next  court  of  assizes, 
"  accused  for  a  Rape  "  by  Benjamin  Palmer  and  his  wife,  Mary;  but  the  case 
was  "  w^drawne  by  peticon  &  consent,"  October,  1669.  At  the  court  of 
sessions,  held  in  June,  1671,  at  Jamaica,  L,.  I.,  he  was  bound  over  in  an  action 
for  debt  brought  by  John  Pell,  of  Westchester.  The  inhabitants  of  the  town 
of  Fordham  brought  suit  against  him  for  "  taking  uppon  himself e  to  Ruel 
and  Governe  over  them  by  Rigur  and  force,"  and  the  mayor's  court,  Sep- 
tember 8,  1671,  ordered  him  "  to  behavie  himselfe  for  y?  future  Civilly 
and  quietly  ag3.1  y?  Inhabitants."  —  Riker.  Revised  History  of  Harlem 
(1904),  pp.  248,  ff.;  Court  of  Assizes,  vol.  2,  pp.  19-21,  200,  644;  Mayor's 
Court,  New  York  City  Records,  hi  N.  Y.  Col.  Docs.,  vol.  13,  p.  459;  Deeds, 
vol.  2,  pp.  138-140,  in  office  of  Secretary  of  State;  Innes.  New  Amsterdam 
and  its  People,  p.  221;  Records  of  New  Amsterdam,  vol.  6,  pp.  212,  267,  274, 
325. 

•  Collateral  and  Illustrative  Documents,  No.  III. 


26 


Province  of  New  York 


r  1668  i 

LHOV.   21 J 


TheOrdf 


George 

Tippett 

for      un- 

lawfull 

Markes.— 

Vide    ye 

Records 


WHEREAS  by  an  Ord?  of  ye  6th  Instant  Jn°  Archer  was 
appointed  to  make  out  his  Title  to  the  Land  where  hee  is 
now  seated,  &  having  accordingly  appeard,  but  not  clearly 
made  it  out,  Hee  having  noe  Bill  of  Sale  nor  Bonds  setting 
forth  his  Purchase,  It  is  this  day  Ordered,  That  the  said 
Jn°  Archer  have  farther  time  till  y6  14th  day  of  ffebr.y  next 
to  cleare  his  Title;  In  ye  mean  time  hee  is  to  remaine  where 
hee  is  without  Molestacon;  [hee  givinjg  *  noe  [Disturbance 
to  his  Neighbours.^  2 

[5]  It  is  likewise  Ordered,  That  in  pursuance  of  the  former 
Ord*  some  Persons  shall  bee  appointed  to  view  ye  Land 
where  Jn?  Archer  now  lives,  &  the  Meadowes  belonging 
to  Harlem  upon  the  Maine,  as  also  about  the  Passage  at 
Spiting  Devill  for  ye  conveniency  of  Travellers,  &  prservacon 
of  Cattle  upon  the  Island,  when  the  fferry  at  Harlem  is  to 
bee  removed.^  3 

An  Order  to  bee  made  to  release  the  Cattle  under  Arrest 
at  Harlem,  belonging  to  Jn?  Archer.^ 4 

An  Ord?  to  George  Tippett  about  the  unlawfull  Marke 
hee  useth  about  cutting  the  Eares  of  Cattle  soe  close,  that 
any  other  Marks  may  bee  cutt  off  by  it.^  5 

1  Original  mutilated. 

2  Collateral  and  Illustrative  Documents,  No.  III. 

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

4  Collateral  and  Illustrative  Documents,  No.  III. 

6  George  Tippett  or  Tippetts  is  put  down  as  "of  {flushing  "  in  a  list  of 
August  12,  1667. —  Orders,  Warrants,  Letters,  vol.  2,  p.  180.  In  the  inventory 
of  his  estate,  September  29,  1675,  ^e  *s  called  "  of  Yonckers,  late  deceased." — 
Collections  of  N.  Y.  Hist.  Soc.,  1892,  p.  35.  His  widow,  Mehitabel,  was 
married  to  Samuel  Hitchcock. —  Pelletreau.  Early  Wills  of  Westchester 
County,  p.  385.  On  March  2,  1669/70,  Lovelace  issued  an  order  concerning 
certain  strayed  hogs  near  Fordham,  largely  directed  against  Tippett,  who 
claimed  ownership,  and  which  John  Archer  also  claimed  for  the  Duke  of 
York,  he  having  been  appointed  by  Lovelace  "  to  make  inquiry  after  wild  & 
stray  unmark't  hoggs  wc.h  have  no  perticuler  Owner  so  of  Consequence  belong 
to  his  Royall  Highness  as  Lord  ProprietoT  " —  Court  of  Assizes,  vol.  2,  p.  474. 


Executive  Council  Minutes  27 


Severall     Ord1?    made    by    y6    Governor  These 
at  New  Harlem.  Feb:  22.   &  23*  1668.  Ordfs^re 

J  upon  Rec- 

The  Governor  having  wth  him   some  of  Ord  eise- 

ye  Councell  &  others  of  the  Bench  at  New  where./ 
Yorker 

It  is  this  day  Ordered,1  that  a  Convenient  Waggon-Way 
bee  made  between  the  City  of  New  Yorke  &  this  place;  to 
w°h  end  foure  Com5^  shall  bee  appointed  (viz*  two  on  each 
part)  who  are  to  [6]  'View  &  consider  of  y6  most  convenient 
Passage  to  bee  made.^ 

The  Com5?*  of  New  Yorke  are  to  bee  those,  who  formerly 
were  nominated  Overseers  for  this  yeare;  Viz*  Thomas 
Hall 2  &  Gerritt  Hendricksen;  For  the  Towne  of  Harlem 
Daniel  Turneir,  and  Resolved  Waldron.* 

That  these  foure  Commission1?  meet  to  view  the  said  Way 
on  Thursday  next  being  the  25th  of  this  instant  Month;  & 
after  having  concluded  upon  it,  That  immediately  they  fall 
upon  laying  out  the  Way,  according  to  their  former  Agreem*. 
thereupon;  That  is  to  say,  The  Boores  of  the  Bowery  & 
parts  adjacent  to  cleare  the  way  to  bee  fitt  for  the  passage  of 
Waggons  from  New  Yorke  to  the  Saw-Kill,  &  ye  Towne  of 
Harlem,  from  thence  to  their  Towne. t 

At  the  assizes,  in  October,  1672,  Tippett  was  tried  for  hog-stealing,  and  Archer 
declared  "  his  Knowledge  of  Tippetts  unlawfull  Marks,  of  which  hee  hath 
complayned,  That  his  Marks  formerly  &  now  are  such  that  he  cann  cutt  out 
any  other  Mans  Marks;  if  hee  meets  an  Old  Hogg,  hee  cutts  his  old  Mark,  if 
a  young  one  his  new  one."  The  court  fined  him  forty  pounds  or  hi  lieu 
thereof  to  "  receive  ye  Corporall  punishm*-  of  thirty  one  Stripes  at  the  Common 
Whipping-Post  before  the  Stathouse  of  this  City  before  the  breaking  up  of 
this  Court." —  Court  of  Assizes,  vol.  2,  pp.  303,  311.  See  also  Riker.  Revised 
History  of  Harlem  (1904),  pp.  262,  263,  283,  327. 

1  Collateral  and  Illustrative  Documents,  No.  V.  See  also  Riker.  Ibid,  pp. 
233i  252»  ft"-;  Records  of  New  Amsterdam,  vol.  6,  pp.  296,  359-360,  361-362. 

*  Hall  died  in  1669. —  See  Collections  of  N.  Y.  Hist.  Society,  1892,  p.  12. 
There  is  a  short  sketch  of  him  in  Innes.  New  Amsterdam  and  its  People,  pp. 
326-328. 


28  Province  of  New  York  [pebl62629-23] 


That  this  Way  bee  laid  out  &  cleared  according  to  the 
Intent  of  this  Order  by  the  first  of  May  next. 

That  the  Commission"  of  either  Party  have  hereby 
liberty  to  make  Inspection  on  the  sufficiency  or  Defect  of 
each  other,  to  the  Intent  that  there  prove  noe  {Failing  in 
either  of  them./ 

That  ye  appointed  Comfi1?  upon  their  Conclusion  of  the 
best  way,  doe  immediately  give  the  Governor  an  Acco*  of 
their  Agreem*;  who  thereupon  will  give  Order  for  the  putting 
the  same  in  Execution./ 

It  is  also  Ordered,  That  all  Horses  &  Cattle  belonging 
to  New  Yorke,  &  New  Harlem  which  [7]  shall  bee  turned 
into  y6  Woods  upon  this  Island  shall  have  a  marke  of  Dis- 
tinction upon  them; 1  That  is  to  say,  Those  belonging  to 
New  Yorke,  the  Bowery  &  parts  adjacent  are  to  have  a 
Brand-Marke  wth  £]/  upon  them;  &  those  of  New  Harlem 
wthA/y>  Arid  t^iat  there  bee  a  Person  appointed  &  sworne 
in  each  Place  to  marke  such  Horses  &  Cattle  as  really  doe 
belong  to  the  Inhabitants  and  none  others./ 

That  if  Thomas  Hall  cannot  come  to  bee  one  of  ye  Com- 
mission1? at  any  of  the  times  appointed  to  attend  the  laying  out 
of  the  way,  hee  may  send  a  fitt  Person  in  his  Place,  wch 
John  Vigne  2  is  adjudged  to  bee,  if  hee  come  for  him./ 

1  In  1671  complaint  was  made  that  great  quantities  of  unmarked  horses 
and  cattle  were  still  found  in  the  common  woodland  on  the  Island  of  Man- 
hattan, and  an  order  was  issued  against  this  disobedience  of  the  former 
ordinance  requiring  branding. —  Records  of  New  Amsterdam,  vol.  6,  pp.  351- 
352.  On  the  duties  of  the  overseers  of  highways  and  branders  of  horses  and 
cattle  on  the  island,  see  ibid,  pp.  215-216,  222-223,  237-238,  239-240. 

'John  Vigne,  whose  name  appears  hi  the  records  also  as  Jan  and  Jean 
Vinge  and  Vinje.  His  will  mentions  his  deceased  wife,  Emmerantie  vander 
Sluys.  He  was  a  brewer  of  New  York  City.  For  the  administration  of  his 
estate,  which  carried  over  a  number  of  years,  see  Collections  of  N.  Y.  Hist. 
Society,  1892,  pp.  154,  155,  190,  457.  He  is  credited  with  being  the  first 
child  of  European  parentage  bora  hi  New  Netherland.  For  a  sketch  of  him 
and  related  data  see  Innes.  New  Amsterdam  and  its  People,  pp.  298,  306-308. 


Executive  Council  Minutes  29 


Feb1?  23*.h 

WHEREAS  ye  Inhabitants  of  ye  Towne  of  West-Chester  f  An  Ordr 
having  timely  Notice  of  the  Governours  Intent  of  being  at  I  ^*°ut  ^ 
New  Harlem  upon  the  22th  of  this  Month,  to  enquire  into  &  j  between 
issue  severall  Differences  relating  to  their  Towne,  as  well  w^  Chestr 
as  other  Matt1?  between  the  Towne  of  New  Harlem  &  Jn?  i  \ 
Archer;  And  the  Governo?  accordingly  having  been  at  New 
Harlem,  where  all  other  persons  concerned  did  attend, 
excepting  those  from  Westchester;  It  is  therefore  Ordered,1 
That  Mr  Jn?  Richbell  of  Momoronock,2  Mr  Wm  Laurence 
[8]  of  flushing,  Jacques  Cortilleau  of  New  Vtrecht,  Resolved 
Waldron  of  New  Harlem  &  Mr  Thomas  Wandall  bee  & 
are  hereby  appointed  Commission"  to  view  ye  Lands,  &  to 
examine  into,  heare,  &  determine  the  severall  Matt"  & 
Cases  in  Difference  between  the  Towne  of  West  Chester,  & 
Mr  Wm  Willett  about  Cornells  Neck8  and  also  between 
them  &  Thomas  Hunt 4  about  his  Commonage  &  Watring 
Place  upon  Throgmortons  Neck,  &  what  else  there  may  bee 

1  For  the  order  commissioning  them  see  Collateral  and  Illustrative  Doc- 
uments, No.  Ill,  where  the  Archer  documents  also  are  given.  For  those 
bearing  upon  the  cases  of  Willett  and  Hunt  see  ibid,  No.  VI. 

1  Mamaroneck,  Westchester  County. 

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

4  In  a  suit  brought  by  Augustine  Herrman  at  the  court  of  assizes  against 
the  inhabitants  of  Westchester  for  right  to  Throgmorton's  Neck,  Hunt 
informed  the  court  and  jury  "  That  hee  Bought  of  the  P1.*  the  Land  called 
Spicers  and  Brocketts  Neck,  upon  part  of  wch,  hee  now  lives,  and  by  virtue 
of  that  Purchase,  hee  hath  Common  in  Throckmortons  Neck." —  Court  of 
Assizes,  vol.  2,  p.  60  (September,  1666),  also  pp.  129-130  (November  i,  1667). 
Herrman's  suit  at  the  assizes  is  hi  ibid,  pp.  46,  53,  59-61,  105,  129-130,  724. 
Thomas  Hunt,  Sr.  died  February  8,  1694/5,  and  by  his  will  left  his  estate  of 
11  the  Grove  Farm,"  hi  Westchester,  to  Josiah  Hunt,  the  eldest  son  of  his  son 
Josiah. —  Collections  of  N.  Y.  Hist.  Society,  1892,  pp.  248,  249,  256.  See 
also  Records  of  New  Amsterdam,  vol.  6,  pp.  42-43;  Bolton.  Hist,  of  County 
of  Westchester,  vol.  2  (1881  edition),  pp.  264,  ff. 


30  Province  of  New  York 


about  the  Patent  granted  to  Hugh  Oneale  &  Mary  his 
wife  for  the  Land  comonly  called  the  Jounckers  Land,1  or 
any  other  Affayre  of  the  like  nature;  to  w°h  the  Towrie  of 
Westchester  hath  relation,  wch  said  Commission1?  are  to 
meet  about  those  Mattr.s  with  all  convenient  Expedicon;  & 
to  give  a  finall  Determinacon  thereof;  To  w°h  when  they 
have  rendred  mee  an  Acco*  I  shall  give  my  Con  firm  a  con.  ^ 

1See  Collateral  and  Illustrative  Documents,  No.  VII.  Adriaen  van  der 
Donck,  in  October,  1645,  married  Mary  Doughty,  daughter  of  Rev.  Francis 
Doughty,  first  clergyman  of  the  English  colonists  at  Flushing,  who  had  a 
checkered  career  in  New  England,  New  Netherland,  Maryland  and  Virginia. 
They  lived  in  the  colony  of  Rensselaerswyck  for  a  short  time  and  removed  to 
New  Amsterdam  in  1646.  Soon  thereafter  van  der  Donck  purchased  from 
the  Indians,  under  a  grant  from  Director-General  Kieft,  their  unextinguished 
titles  to  the  lands  "  as  far  as  Papirinamin,  called  by  our  people  (Spyt  den 
Duyvell),  in  Spite  of  the  Devil."  This  tract  was  soon  named  "  Colen  Donck," 
or  Donck's  Colony,  and  the  Dutch  referred  to  the  estate  as  "  de  Jonkheers 
Landt,"  which  the  English  corrupted  into  "  Yonkers,"  by  which  form  his 
memory  is  perpetuated  to  this  day  in  the  city  of  Yonkers.  Van  der  Donck,  who 
had  been  absent  in  Holland  for  nearly  four  years,  where  he  had  taken  the 
degree  of  doctor  of  laws  and  had  been  admitted  an  advocate  in  the  supreme 
court  of  Holland,  returned  to  New  Netherland  in  1653,  where  he  died  in  1655, 
leaving  to  his  widow  the  above  mentioned  estate.  She  was  married  to 
Captain  Hugh  O'Neal,  of  Patuxent,  Maryland;  removed  there,  but  returned 
to  New  York  after  the  English  took  possession,  and  laid  claim  to  her  estate. 
She  returned  "  home  into  Maryland  ye  Place  of  her  abode,"  with  horses 
and  mares  received  in  part  payment  for  her  and  her  husband's  property  hi 
New  York,  which  she  had  sold.  In  1666  Hugh  O'Neal  or  Oneale  brought 
suit  at  the  assizes  against  John  Ramsden,  of  Newtown,  because  he  "  doth 
unjustly  detaine  and  keep  from  him,  a  certaine  Lott  or  Tenement,  lying  and 
being  in  New  Towne,  in  the  west  Riding  of  Yorkshire  upon  Long  Island, 
of  which  the  said  Ramsden  is  now  in  Possession."  The  case  was  decided 
against  him.  —  Brodhead.  Hist,  of  N.  Y.,  vol.  i,  pp.  419,  420,  421,  560, 
561;  Publications  of  Colonial  Society  of  Mass.,  vol.  10,  pp.  261-276;  Van 
Rensselaer  Bowier  Manuscripts,  p.  824;  Court  of  Assizes,  vol.  2,  pp.  47,  63-66, 
710;  Riker.  Revised  History  of  Harlem  (1904),  pp.  147,  243,  256;  Bolton. 
Hist,  of  Westchester  County  (edition  of  1881),  vol.  2,  pp.  576-586.  On  the 
career  of  Adriaen  van  der  Donck,  see  address  before  the  Westchester  County 
Historical  Society,  November  22,  1888,  by  Thomas  Astley  Atkins,  and  another, 
before  the  annual  meeting  of  the  N.  Y.  State  Bar  Association,  January,  1904, 
by  Alfred  L.  Becker.  In  the  year  of  his  death,  1655,  Adriaen  van  der 
Donck's  booklet,  entitled  Beschrijmnge  van  Nieuw  Nederlant,  was  first  pub- 
lished. A  second  edition  appeared  in  1656. 


Executive  Council  Minutes  31 


At  a  Councell  held  June 

ye  28th  1669. 
Present. 

The  Governed 
Mr  Whitfield 
The  Secret^ 

The  Inhabts  of  Boswijck  -  -  Pn.s 
The  Inhab*3  of  Newtowne  -     -  Defts  l 

[9]  Those  of  Boswijck  produce  ye  Ordf  at  the  Gen*!1  Meet- 
ing at  Hempstead./ 

Their  Ord?  from  Governor  Stuijvesant  is,  To  have  the 
Meadow  in  question,  if  not  formerly  granted  by  Ground 
briefe  to  others./ 

Those  of  Newtowne  plead  their  Indyan  Purchase  and 
Patent./ 

Together  wth  Mr  Robert  Goes  Testimony  Viva  Voce,  & 
Mr  Richard  Gildersleev's  Sen?  Mr  Robert  Jacksons  2  & 
Rich?  Gildersleeve's  Junf  Deposicon  that  this  Meadow  in 
question  was  layd  out  a  long  while  since  for  Newtowne, 
before  Boswijck  was  a  Towne./ 

An  Ordr  issued  out  hereupon  to  endeavour  an  Accomoda- 

1  Collateral  and  Illustrative  Documents,  No.  VIII.  The  settlement  of 
Boswijck  (now  Bushwick,  a  part  of  Brooklyn),  was  laid  out  by  Stuyvesant 
in  1  66  1,  at  the  request  of  several  Frenchmen,  and  belonged  to  the  district 
of  "  the  Five  Dutch  Towns."  A  special  warrant  was  issued,  October  22,  1669, 
for  appearance  at  the  assizes  in  the  case  in  controversy.  On  June  23,  1666, 
the  inhabitants  of  Newtown,  alias  Middleborough,  were  granted  a  license  to 
treat  with  and  consummate  a  purchase  from  the  Indians  "  for  the  better 
Securing  of  their  Title  to  the  Lands  lying  betweene  Mashpeth  Kills,  and  the 
head  of  finishing  Creeke."  —  Brodhead.  Hist,  of  N.  Y.,  vol.  i,  p.  693; 
Court  of  Assizes,  vol.  2,  p.  428;  Orders,  Warrants,  Letters,  vol.  2,  p.  76. 

'Robert  Jackson  was  for  some  years  constable  of  Hempstead,  where  he 
had  a  license  to  sell  strong  liquors  by  retail.  —  Orders,  Warrants,  Letters, 
vol.  2,  pp.  6,  305;  Hempstead  Town  Records,  vol.  i  (Jamaica,  1896), 
p.  278. 


32  Province  of  New  York 


con,  but  at  length  it  was  referr'd  to  ye  Co?  of  Assizes  for  a 
Determinacon,  ye  former  not  p'Vailing.1 

Monday  June  ye  28^  1669.  as  before. 

ALettrtobeewritteninAnswrtoMrMulford  &Mr  James;2 
ffirst,  To  give  them  thanks  for  their  Care  in  enquiring  into 
the  Matt1?  of  ye  Indyans;  That  if  they  shall  finde  the  Occasion 
pressing,  to  send  to  all  ye  Commission1".3  authorized  for  the 
carrying  on  the  Indyan  Affayres,  to  have  a  Meeting,  &  to 
take  the  whole  Matter  into  Examinacon,  soe  to  send  up  a 
Reporte  of  the  Nature  of  it,  &  how  they  finde  it.// 

[10]  That  they  bee  very  carefull  to  shew  noe  Apprehension 
of  ffeare,  but  to  proceed  vigorously  in  their  Acting.// 

That  the  Indyan  called  Aukcannitt  bee  examined,  &  if 
Occasion  bee  found,  that  hee  bee  sent  up  hither  a  Prisoner.^ 

That  ye  Commission1?  enquire  into  ye  Matter  of  imposing 
a  Tax  upon  the  Indyans  as  formerly,  whither  it  may  bee 
thought  necessary  or  convenient,  &  to  returne  their  Opinion 
hither.^ 

That  Mr  James  have  a  Lycence  to  sell  such  small  quan- 

1  Heard  at  the  court  of  assizes,  November  4,  1669.  The  jury  brought  in  a 
verdict  for  Bushwick,  adjudging  that  the  meadow  in  controversy  belonged 
to  it,  and  the  court  gave  judgment  accordingly,  the  town  of  Newtown  to 
pay  the  costs  of  the  suit. —  Court  of  Assizes,  vol.  2,  p.  215. 

1  John  Mulford,  of  East  Hampton,  was  one  of  the  justices  of  the  peace  of 
the  East  Riding  of  Yorkshire. —  Orders,  Warrants,  Letters,  vol.  2,  pp.  51, 
434.  He  was  also  one  of  the  "  Commissioners  for  ye  Indyan  Affaires  in  ye 
East  Rideing." —  General  Entries,  vol.  4,  p.  101.  See  Genealogy  of  the  Family 
of  Mulford,  Boston,  1880,  p.  4;  also  the  same  in  New  England  Hist,  and 
Geneal.  Register,  April,  1880.  Rev.  Thomas  James  was  called  to  the  ministry 
at  East  Hampton  by  an  order  of  the  town,  August  23,  1651. —  Records  of 
East- Hampton,  vol.  i,  p.  16.  Governor  Lovelace  was  considerably  interested 
in  a  plan  of  James  for  the  conversion  of  the  Indians  and  the  publication  of  an 
Indian  catechism  which  the  clergyman  had  prepared,  and  the  governor 
mentions  in  his  letter  to  James  his  intention  of  having  a  printer  in  New  York, 
which  did  not  materialize. —  Orders,  Warrants,  Letters,  vol.  2,  pp.  290-293 
(November  19,  1668). 


Executive  Council  Minutes  33 


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

That  Will  ye  Indyan  l  bee  Ordered  not  to  come  into  East 
Hampton  or  any  of  ye  Townes  at  ye  East  end  of  Long  Island; 
ffor  the  wch  an  Order  is  to  bee  made,  &  hee  to  bee  acquainted 
therewith.! 2 

July  31^  1669.     At  Fordham. 

Vpon  Acco*  of  the  Difference  between  Jn?  Archer,  & 
Wittm  Betts  3  &  George  Tippett,  It  was  Ordered  4  as 
folio  wes.  Viz*  — 

1  Nangenutch  (also  Nangenuge),  a  Montauk  Indian,  who  passed  among  the 
English  under  the  alias  of  Will,  was  indicted  and  tried  in  March-April,  1668, 
for  committing  a  rape,  on  March  19,  1667/8,  upon  Mary  the  wife  of  John  Miller, 
a  husbandman  of  East  Hampton,  in  her  own  home.  He  pleaded  not  guilty 
of  fhe  act,  on  a  technicality,  and  claimed  to  have  been  drunk  at  the  time. 
The  court  found  that  the  facts  adduced  did  not  warrant  his  execution,  but 
ordered  him  to  be  whipped  publicly  with  thirty  stripes  before  the  town  house, 
which  was  carried  out  by  a  negro  who  received  nine  florin,  seawant,  for  his 
hire.  The  Indian  was  then  returned  to  prison  to  await  Governor  Nicolls's 
opportunity  of  deporting  him  to  one  of  the  Leeward  Islands,  and  the  money 
obtained  from  his  sale  was  to  be  used  to  defray  the  costs  entailed  by  his 
arrest  and  trial.  But  he  escaped  by  the  aid  of  four  Montauk  Indians,  whom 
Lovelace  (November  19,  1668)  ordered  to  be  seized.  The  unpaid  charges 
were  then  levied  upon  the  Montauks,  who  were  derelict  in  paying  the  "  whole 
summe  of  forty  pounds,  which  was  ordered  them  to  pay  for  ye  Escape  of 
Will  the  Indyan  of  ye  which  a  part  is  allready  paid."  On  account  of  their 
alleged  poverty  and  upon  their  petition,  Lovelace  extended  the  time  of  pay- 
ment in  Indian  corn  for  another  year  from  April  26,  1669,  but  repealed  this 
order  on  June  20,  of  that  year.  The  records  indicate  that  Will  was  a  lecher- 
ous Indian,  and  that  he  had  been  committed  and  whipped  before  for  larceny. 
The  indictment,  form  of  trial,  court  proceedings,  examination,  order  of  the 
court  and  bill  of  charges  are  hi  AT.  Y.  Colonial  MSS.,  vol.  22,  pp.  36-45; 
correspondence,  etc.  are  in  Orders,  Warrants,  Letters,  vol.  2,  pp.  288,  304, 
398,  452;  Deeds,  vol.  3,  pp.  39-40. 

*  Collateral  and  Illustrative  Documents,  No.  IX. 

1  William  Betts  describes  himself  as  "of  the  Yonckers  Plantation  "  in  his 
will  made  "  the  Twelfth  day  of  the  Twelfth  month  1673."  His  wife,  Alice,  was 
confirmed  as  executrix,  January  2,  1675.  His  daughter,  Mehitabel,  was  the 
wife  of  George  Tippett.—  Collections  of  N.  Y.  Hist.  Society,  1892,  pp.  33-34. 

4  Collateral  and  Illustrative  Documents,  No.  III. 

[3] 


34  Province  of  New  York  [jiy693i] 

[n]  That  in  the  Matt?"  of  the  Difference  between  John 
Archer,  &  Wm  Betts,  Tippett  &c: 

It  is  Ordered,  That  Jaques  Courtelyou  l  bee  sent  to  view 
&  lay  out  Archers  thirty  Acres,  &  ye  Remaind?  to  bee  to 
them;  &  if  they  have  cutt  &  carryed  away  any  Hay  belong- 
ing to  Archer,  they  are  to  returne  soe  much,  hee  paying 
them  for  their  paines./ 

That  some  Proporcon  bee  layd  out  for  the  fferryman  Mr 
Vervelen.i 2 

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

1  Captain  Jacques  Cortelyou,  Cortileau,  Cortilleau,  Cortelijau  refused  the 
office  of  schout  of  New  Amsterdam  in  1654.  He  was  a  teacher  in  the  family 
of  Cornells  van  Werckhoven,  who  died  in  1655,  and  became  the  agent  for 
the  heirs.  In  1657  Cortelyou  commenced  a  settlement  which  was  named 
New  Utrecht,  as  a  compliment  to  the  birthplace  of  Van  Werckhoven  in 
Holland.  He  was  a  surveyor;  had  been  surveyor  general  in  1657,  and  was 
recommissioned  by  Lovelace  "  Surveyor  Genril  in  theise  his  R.  Hs^  his  Ter- 
ritoryes,"  in  March,  1670/1,  "  to  measure  or  lay  out  Lands  or  Lotts  of  ground 
w°.h  shall  at  any  tyme  be  ordered  by  me,  as  also  for  any  private  person  wth 
in  ye  Governing  who  shall  employ  him  for  yf  bettF  ascertaining  yf  Lymitts 
&  bounds  of  Lands  or  houses  betweene  one  person  &  anothf."  Lovelace 
also  commissioned  him,  May  4,  1672,  as  "  Vendue-Master  of  Flatt-Bush, 
and  y6  rest  of  the  Dutch  Townes  in  ye  West  Rideing  of  York-shire  upon 
Long-Island,"  as  successor  to  Adrian  Heggeman,  who  had  died.  Letters  of 
administration  were  granted  to  the  sons  of  Cortelyou,  August  2,  1693,  and 
the  inventory  of  his  estate  was  registered,  January  20,  1693/4. —  Brodhead. 
History  of  N.  Y.,  vol.  i,  pp.  588,  693;  General  Entries,  vol.  4,  pp.  113,  124; 
Collections  of  N.  Y.  Hist.  Society,  1892,  pp.  220,  231;  Court  of  Assizes, 
vol.  2,  pp.  614,  656;  Bergen.  Early  Settlers  of  Kings  County,  p.  75;  Bergen. 
History  of  New  Utrecht  (Brooklyn,  1884),  pp.  3-4;  Doc.  Hist,  of  N.  Y. 
(octavo  edition),  vol.  i,  p.  633. 

*  Collateral  and  Illustrative  Documents,  No.  IV.  Johannes  Verveelen  was 
constable  of  Fordham,  as  well  as  ferryman  of  the  Harlem  ferry  and  upon 
the  removal  of  the  latter,  as  the  accompanying  documents  show,  ferryman 
at  Spuyten  Duyvel.  For  references  to  his  constabulary  post  see  Court  of 
Assizes,  vol.  2,  pp.  449,  644;  and  for  his  career  as  ferryman  and  other  personal 
data,  Riker.  Revised  History  of  Harlem  (1904),  pp.  248,  253-256,  678-680, 
793- 


Executive  Council  Minutes  35 


[August  n.th  1669.' 

At  a  Councell  then  held  at  ffort  James  in  New  Yorke  on 
y*  Island  Manhatans  before  his  Hono*  y6  Governor 

Mr  Thorn  :  Willett 
Mr  Ralph  Whitfeild 
both  of  y6  Councell 
then  present. 

Perewyn  Sachem  of  ye  Hackensack  Toppan  &  Staten 
Island  Indians  appeared  this  day  in  ye  behalfe  of  those 
nations  (being  lately  chosen  their  Sachem)  desiring  ye 
freindship  &  amity  they  lately  had  wth  us  in  y?  tyme  of  y? 
late  Governor  Cott  Nicolls  might  be  continued  w*h  his  Honor 
y?  prsent  Governor 

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

The  Sachem  then  prsented  a  band  of  Seawant  to  his 
Hono.r  wch  he  said  they  receiued  from  y?  Maquesses  upon 
concluding  y?  peace  w*h  them  desiring  it  might  be  kept  that 
if  ye  Maques  should  fall  out  w.th  them  that  band  of  Seawant 
might  remaine  as  Testimony  of  their  former  agreement 

His  Honor  hauing  ask't  whether  he  was  chosen  by  those 
Nations  to  be  their  Sachem  y?  Indians  then  prsent  (in  owning 
him  so  to  be)  held  up  their  hands 

His  Honof  then  ordered  that  a  Letter  should  be  wrytt  to 
y°  Com?5  of  Albany  to  signifye  to  ye  Maquess  &  Synakers 
that  ye  Sachem  of  theise  Nations  hath  declared  ye  peace 
they  made  w.th  them  &  are  resolved  to  keep  it  inviolably. 

The  Sachem  doth  disclayme  any  right  of  imposing  or 
receiuing  any  kinde  of  Tribute  (as  is  Comonly  giuen  out) 
of  Christians  fishing  upon  Hudsons  Ryver,  if  any  such  thing 

IThis  session  of  the  council  is  not  entered  in  the  regular  minutes,  but  is 
supplied  here  from  Deeds,  vol.  3,  p.  41,  in  office  of  Secretary  of  State. 


36  Province  of  New  York  [s5j?9] 


hath  beene  demaunded  or  Exacted  it  hath  beene  wthout  ye 
privity  or  ord.r  of  ye  Cheife  persons  amongst  them.] 

At  a  Councell.  Sept:  g^  1669. 

Before  the  Governo? 
Present 

Mr  Whitfield 
Mr  Nicolls. 

The  Busynesse  of  Esopus  taken  into  Consideration.// 1 
It  is  Ordered  That  ye  Garryson  at  the  Esopus  shall  bee 
henceforth  Disbanded,  and  Dismist  of  their  Military  Employ- 
ment,  They  [12]  being  a  needless  Charge  to  ye  Duke.^ 2 

It  is  Ordered,  That  Commission1?   bee  appointed  to  goe 
up  to  Esopus  to  whom  some  others  there  shall  bee  joyned 
to  Regulate  the  Affayres  of  Esopus  and  of  the  New  Dorpes.3 
That  y6  Persons  appointed  for  Commission"  bee  —  - — 
Mr  Ralph  Whitfield  — Presid? 
Cap?  Jn?  Manning 
Cap*  Jacques  Cortelijau 
Cap*  Thorn:  Chambers 
Mr  W?  Beakman  —  Schout 
Mr  Henry  Pawling 
Mr  Christopher  Berrisford. 

Of  wch  any  five  of  them  shall  bee  a  QUORUM  to  settle  the 
Affayres  of  all  the  Places  thereabouts,  for  the  which  they 
shall  have  a  Commission  and  Instructions.4 

1  Collateral  and  Illustrative  Documents,  No.  X. 

« The  so-called  mutiny  of  the  burghers  of  Esopus  had  been  quelled,  and  it 
being  now  a  "  time  of  peace,"  the  garrison  was  disbanded,  and  grants  of  land 
were  made  to  the  soldiers,  particularly  in  the  newly-created  villages. 

•The  dorp  or  village  nearest  Esopus  or  Kingston  was  named  Hurley;  the 
second  was  known  as  "  Halfe  way  ground,"  and  the  third  or  "  furthest  New 
Dorpe  or  Village  "  was  named  Marbleton  (or  Marbletown).—  N.  Y.  Col. 
MSS.t  vol.  22,  p.  99,  under  date  of  September  17,  1669. 

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


[se'p^ij  Executive  Council  Minutes  37 

Sept.  i^  1669. 
At  a  Councell  held  by  y6  Governor  &c* 

Present. 

Mf  Whitfield 
M5  Nicolls. 

Vpon  ye  Receipt  of  Letters  from  Cap*  Carr[e] *  that  an 
Insurrection  is  very  much  feared  [13]  the  Chiefe  Actor  being 
in  Hold,  and  the  Depositions  of  severall  Persons  taken; 

It  is  Ordered,  That  a  Letter  of  Thanks  bee  sent  to  the 
Officers  there  for  their  great  Care. 

That  ye  Long  ffinne  2  in  hold  &  in  Irons  bee  kept  still 
in  safe  Custody  in  like  manner  as  hee  is,  untill  the  Governor 
or  some  Persons  Commissioned  from  him  shall  goe  over  to 
examine  into  &  try  ye  Matter  of  ffact,  wch  is  of  soe  heynous 
&  high  a  Nature./ 

That  all  Persons  who  have  had  a  Hand  in  ye  Plott  bee 
bound  over,  &  enjoyned  to  give  Security  to  Answer  their 
Misdemeanor,  &  an  Acco*  to  bee  taken  of  their  Estates  in 
the  meane  time. 

posed  of  representative  and  able  men.  Whitfield  was  treasurer  of  the  prov- 
ince, a  member  of  the  council  and  at  this  time  an  alderman  of  New  York  City; 
Manning  was  then  sheriff  of  New  York  City ;  Cortelyou  was  surveyor  general ; 
Chambers  was  owner  of  the  Fox  Hall  estate;  Beeckman  was  the  Esopus 
schout,  and  Pawling  and  Beresford  were  military  officers.  Beresford  had 
succeeded  to  the  command  at  Esopus  after  the  suspension  of  Captain  Daniel 
Brodhead,  in  1667.  He  was  appointed  chief  magistrate  of  Hurley  and 
Marbletown,  in  September,  1669. 

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

1  This  leader  of  the  Delaware  insurrection,  commonly  called  the  Long 
Finn,  and  the  Long  Swede,  appears  in  his  indictment  as  "  John  Binckson 
alias  Coningsmarke,  alias  Coningsmarcus,  alias  Matheus  Hencks,"  and  in 
the  papers  relating  to  his  deportation  to  the  Barbados  he  is  named  "ye  Long 
ffinne  called  Marcus  Jacobsen  "  and  "  Marcus  Jacobs  comonly  called  ye 
Long  Finne."  He  set  up  the  false  claim  of  being  a  son  of  the  famous  Swedish 
general,  Count  Konigsmark. —  Collateral  and  Illustrative  Documents,  No.  XI. 
These  documents  give  the  names  of  his  partisans  and  his  deluded  followers. 


38  Province  of  New  York 


Octob.  IS'.*  1669. 

At  a  Councell  then  held  &c: 
Present 

The  Governor 
Mf  ThoiDelavall 
Mr  Ralph  Whitfield 
Mr  Thomas  Willett 
The  Secretary. 

The  Matt1?  under  Consideracon  were,  ye  Insurrection  at 
Delaware  occasioned  by  the  Long  ffinne,1  &  y*  Rape  Com- 
mitted by  an  Indyan  there.2  a 

[14]  Vpon  serious  &  due  Consideracon  had  of  the 
Insurrection  begann  by  ye  Long  ffinne  at  Delaware,  who 
gave  .himselfe  out  to  bee  Son  of  Coningsmarke  a  Swedish 
Generall,  &  ye  dangerous  Consequence  thereof,  It  is  adjudged 
that  y6  said  Long  ffinne  deserves  to  dye  for  the  same,  Yet 
in  regard,  That  many  others  being  Concerned  wth  him  in 
that  Insurrection  might  bee  involv'd  in  the  same  Premunire 
if  the  rigour  of  the  Law  should  bee  extended,  &  amongst 
them  diverse  simple  &  ignorant  People;  It  is  thought  fitt 
&  Ordered,  that  the  said  Long  ffinne  shall  bee  publickly  & 
severely  whipt,  &  stigmatiz'd  or  Branded  in  the  fface  wth 
the  Letter  (R.)  with  an  Inscription  written,  in  great  Letters 
&  putt  upon  his  Breast,  That  hee  received  that  Punishment 
for  Attempting  Rebellion,  after  wch  that  hee  bee  secured 
untill  hee  can  bee  sent  &  sold  to  the  Barbados  or  some  other 
of  those  remoter  Plantations. 

That  ye  Chiefest  of  his  Complices  &  those  concerned 
with  him  most  doe  forfeit  to  his  Ma'i6  the  one  halfe  of  their 
Goods  &  Chattells;  &  that  a  smaller  Mulct  or  ffine  bee 
imposed  on  the  rest  that  were  drawn  in  &  followed  him,  the 

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


Executive  Council  Minutes  39 


which  shall  bee  left  to  the  Discretion  of  the  Commission1:3  who 
shall  bee  appointed  to  make  Enquiry  into,  &  examine  the  same. 
That  the  Indyan1  who  Committed  y6  Rape  [15]  upon  y6 
Body  of  a  Christian  Woman  bee  putt  to  Death  (if  hee  can 
bee  found)  for  that  foule  ffact,  according  to  the  Sentence 
allready  past  upon  him,  &  that  y6  Sachems  under  whom 
hee  is  bee  sent  to  that  they  Deliver  him  up  that  Justice  may 
bee  executed  upon  him  accordingly. 

By  OrdF  &c:— 

i§ 

Octob:  i8th  1669.  Munday  After- 
noone. 

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

The  Governour 

Mr  Delavall 

Mr  Willett 

Mr  Whitfield 

The  Secretary 

Mr  Van  Ruyven  2  \ 

Collector  of  ye  Customes.  j 

It  was  Ordered  y*  Tobacco  Exported  for  Europe  shall 

1  Collateral  and  Illustrative  Documents,  No.  XII. 

1  Cornells  van  Ruijven  (Cornelius  van  Ruyven)  was  appointed,  on  April 
14,  1665,  by  Governor  Nicolls,  who  had  put  an  arrest  upon  the  whole  estate 
and  revenue  belonging  to  the  West  India  Company,  "  to  make  up  and  Com- 
pleate  "  the  account  books  of  that  company,  as  Van  Ruijven  had  been  the 
treasurer  of  the  West  India  Company  at  the  time  of  the  surrender  in  1664.  — 
General  Entries,  vol.  i,  p.  108.  He  was  commissioned  by  Governor  Lovelace 
as  "  Collector  &  Receiuer  Generall  of  the  Customes  in  New  Yorke  "  and 
4  '  of  all  &  singular  his  Ma1.'63  Customes  to  be  paid  for  all  sortes  of  goods  & 
merchandise  (lyable  to  pay)  imported  into  this  Citty  of  New  Yorke  or  any 


40  Province  of  New  York 


pay  as  an  Acknowledgment  to  his  Royall  Highness  two 
Guilders  Wampm  per  Hogshead. 

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

[16]  That  Beavr.s  to  bee  Exported  for  Europe  shall  for  the 
future  pay  but  7  &  \  per  Cent,  in  lieu  of  10^  Cent  before; 
In  regard  It  is  adjudged  that  2  &  \  is  paid  in  England,  soe 
that  here  &  in  England  makes  up  the  just  Proportion  of  10 
per  Cent,  as  formerly. 

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

Janr.y  25*?  1669. 

At  a  Councell  then  held  &c: 
Present 

The  Governor 

Mr  Delavall 
The  Secretary. 

other  parte  place  or  Creeke  wthin  these  his  Royal  Highnesse  his  Territoryes 
whether  the  said  goods  or  merchandize  shall  come  from  Europe  or  any  other 
partes  as  also  for  what  shall  in  like  manner  be  Exported."  This  commission, 
dated  May  i,  1668,  was  "  Deliuered  NouemM  24th  1668,"  as  stated  in  the 
records. —  Orders,  Warrants,  Letters,  vol.  2,  p.  297.  His  instructions,  May 
24,  1668,  are  in  N.  Y.  Col.  MSS.,  vol.  22,  p.  51.  He  continued  in  this  im- 
portant office,  and  in  1672  is  called  "  Comptroller  &  Receiver  of  the  Customes  " 
(August  19). —  General  Entries,  vol.  4,  p.  193. 

Van  Ruijven  was  also  one  of  the  first  group  of  aldermen  under  the  new 
form  of  government  of  New  York  City,  from  June  12,  1665,  till  June  12, 
1666. —  General  Entries,  vol.  i,  p.  121;  was  again  alderman  from  October  9, 
1669,  till  August  14,  1670,  and  from  the  latter  date  till  October  9,  1670. — 
Court  of  Assizes,  vol.  2,  pp.  421,  571;  and  again  from  October  13,  1671,  till 
October  13,  1672. —  General  Entries,  vol.  4,  p.  53.  He  was  commissioned 
deputy  mayor  on  October  13,  1672,  which  was  one  of  the  posts  held  by  him 
when  the  Dutch  retook  the  city. —  General  Entries,  vol.  4,  p.  220.  He  was 
a  justice  of  the  peace  for  the  west  riding  of  Yorkshire,  to  which  he  was  com- 
missioned by  both  Nicolls  and  Lovelace. —  Orders,  Warrants,  Letters,  vol.  2, 
PP-  353»  435;  Deeds,  vol.  2,  p.  21.  For  other  personal  data  see  Bergen.  Early 
Settlers  of  Kings  County,  p.  360. 


[jan.7°5]  Executive  Council  Minutes  41 


The  Sentence  against  ye  Long  Finn  taken  into 
Consideracon.1 

It  is  ordered  that  two  Warrants  bee  drawn  the  one  to  Mr 
Cousseau  2  to  receive,  'tother  to  Cap*  Manning  ye  Sherriffe, 
to  deliver  ye  said  ffinne  according  to  the  Sentence. f 

The  Matter  about  W™  Douglas  taken  into  Consideration.3 

[17]  The  Comp1*  from  ye  Whore-Kill  read. 

It's  Ordered,  That  a  Letter  of  Thanks  bee  sent  to  them 
for  their  Care;  And  that  according  to  their  Desire,  &  an 
Order  of  the  Special!  Court  held  at  New-Castle  there  bee 
an  Officer  appointed  amongst  them  to  keep  the  Peace  &c: 
&  a  Commission  sent  to  that  Purpose.!  * 

It's  Ordered,  that  in  regard  ye  sd  Douglas  hath  behaved 
himselfe  soe  ill  at  ye  Whore-Kill,  hee  shall  bee  Continued 

1  Collateral  and  Illustrative  Documents,  No.  XI. 

a  Jacques  Cousseau  had  been  a  schepen  of  New  Amsterdam  and  one  of  the 
Dutch  commissioners  at  the  surrender  in  1664.  He  was  a  merchant  and 
trader;  was  admitted  a  free  denizen  of  New  York,  and  was  owner  of  the 
'  Good  Ship  y6  ffort  Albany  of  New  Yorke,"  an  English  built  vessel,  which 
carried  passengers  and  merchandize  between  New  York,  Europe  and  the  West 
Indies,  and  of  which  Nicholas  Verbraeck  was  master.  He  was  also  half 
owner  of  the  ship  "  the  Charles,"  which  traded,  as  the  records  show,  between 
New  York  and  the  Barbados. —  Court  of  Assizes,  vol.  2,  pp.  456,  461,  582; 
General  Entries,  vol.  4,  p.  220.  His  wife,  Magdalin  du  Tillett,  was  given  a 
certificate  by  Governor  Nicolls,  July  8,  1667,  to  transport  herself  in  the  ship 
"  the  Orange  Tree  bound  for  Hamburgh  from  thence  to  take  passage  for 
Rochell,"  she  "  having  a  desire  to  goe  to  Rochell  hi  ffrance  to  visitt  her 
Relations." —  Orders,  Warrants,  Letters,  vol.  2,  p.  170.  Letters  of  adminis- 
tration on  his  estate  were  granted  to  John  Vincent,  as  administrator,  Novem- 
ber 13,  1682.  An  inventory  of  the  estate  was  made  by  order  of  the  mayor's 
court,  January  31,  1682/3. —  Collections  of  N.  Y.  Hist.  Soc.,  1892,  pp.  67, 
121,  123. 

•Collateral  and  Illustrative  Documents,  No.  XIII.  William  Douglas,  for 
great  misdemeanors  committed  at  the  Whorekill  in  1669-1670,  was  sent  to 
New  York  City  and  placed  in  irons.  Upon  his  agreement  not  to  return  to 
the  Delaware,  he  was  released  and  banished  into  New  England.  He  broke 
his  agreement,  however,  and  returned  to  Newcastle,  Delaware,  where  he  was 
arrested  in  1672,  and  from  thence  conveyed  again  to  imprisonment  in  New 
York  City.  He  was  deported  hi  1673  to  the  Barbados,  "  there  to  be  sold  & 
Disposed  of,  to  make  Satisfaction  towards  the  Charges  hee  hath  occasioned." 

« Collateral  and  Illustrative  Documents,  No.  XIII. 


42  Province  of  New  York 


in  Prison  untill  farther  Order,  but  that  his  Irons  bee  taken 
off.  However  if  hee  can  give  Security  not  to  returne  to  ye 
Whore  Kill  &c:  hee  may  bee  Discharge!.1 

Friday  Apr:  I5.'  1670. 

Before  ye  Governor 
Pres* 

The  Governd? 
Mr  Delavall 
The  Secretary. 

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

An  Ordr  issued  forth  hereupon,  to  wch  Reference  is  to  bee 
had.2 

[18]  M.r  Nicasius  de  Sille's  &  his  Wives  3  Case,  the  which 
hath  been  under  Consideracon  before  five  persons  of  this 
City  nominated  by  the  Mayor,  by  vertue  of  an  Ordr  from 
ye  Governor 

The  Governor  &  Counsell  having  penis'  d  the  Result  of 
yc  Commission1?,  &  fully  considered  of  the  Matter,  issued 
forth  an  Order  thereupon,  to  the  which  Reference  is  to  bee 
had./4 

1  Collateral  and  Illustrative  Documents,  No.  XIII. 

*  Collateral  and  Illustrative  Documents,  No.  XIV. 

«  Nicasius  de  Sille  and  Catharina  or  Trijntie  Cregiers,  Croegers  or  Crougers, 
his  second  wife,  whom  he  married  on  May  26,  1655,  and  from  whom  he  became 
separated  on  account  of  incompatibility  of  temper.  She  survived  him,  and 
her  will,  dated  August  16,  1694,  is  in  the  surrogate's  office,  New  York  City.  — 
Collections  of  N.  Y.  Hist.  Society,  1892,  p.  246;  Bergen.  Early  Settlers  of 
Kings  County,  p.  96;  Records  of  the  Ref.  Dutch  Church,  Marriages.  New 
York,  1890,  p.  19. 

Collateral  and  Illustrative  Documents,  No.  XV.  On  this  case  in  the 
Mayor's  Court  see  Records  of  New  Amsterdam,  vol.  6,  pp.  207,  210-211, 
227-228 


[Ap6r!°7]  Executive  Council  Minutes  43 


The  Peticon  of  Nicholas  Wright  *  concerning  his  Daughter 

&  her  Husband  Eleazer  Leveridge. 
An  Ord.r  issued  forth,  to  ye  w°h  Reference  to  bee  had./2 
The  Busynesse  of  Staten  Island  to  bee  respited  untill  the 

Indyans  according  to  Order  doe  appeare  about  their  Title, 

wch  is  to  bee  on  Wednesday  next.3 

[19]  At  ye  Fort  Apr:  7*.h  1670. 
Presen* 

The  Governor 
Mr  Delavall 
Mr  Mayor 
Mr  Van  Ruijvn  * 
The  Secretary. 

The  Indyans  who  prtend  an  Interest  in  Staten  Island  5  by 
Appointm*  appear' d  before  ye  Governor;  They  did  not  come 
Yesterday  (ye  day  prfixed)  being  hindred  by  Windy  Weather. 

It  was  askt  of  ye  Indyans,  how  they  could  make  it  appeare 
that  they  were  ye  Owners  of  Staten  Island,  the  wch  at  ye  last 
Meeting  they  undertook  to  doe. 

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

It  was  demanded  what  the  first  Own1?  Name  is,  they  hav- 
ing markt  out  ye  severall  Divisions,  beginning  at  the  South. 

>  Nicholas  Wright,  of  Oyster  Bay.  His  will,  dated  April  10,  1674,  which 
does  not  mention  his  daughter  Rebecca,  states  that  he  was  then  "  aged  65 
or  thereabouts."  His  wife,  Ann,  was  named  executrix,  and  the  will  was 
proved  December  13,  1682. —  Collections  of  N.  Y.  Hist.  Soc.,  1892,  p.  121. 
For  the  family  history  see  N.  Y.  Geneal.  and  Biog.  Record,  vol.  3,  pp.  35-45. 

1  Collateral  and  Illustrative  Documents,  No.  XVI.  This  case  was  decided 
by  the  court  of  assizes  in  October,  1670,  granting  a  divorce  on  the  ground  of 
Eleazer  Leveridge's  impotency. 

•  Collateral  and  Illustrative  Documents,  No.  XVII. 
4  So  in  the  original  for  Cornells  van  Ruijven. 

•  Collateral  and  Illustrative  Documents,  No.  XVII. 


44  Province  of  New  York  [Ap6r7073 

They  say  his  name  is  —  Matackos  a  Boy,  hee  was  at 
Staten  Island. 

The  second  —  Rararamint,  hee  is  in  Towne,  but  hath 
Entrusted  some  here. 

The  3d  Matarus  —  hee'l  come  To-morrow. 

The  4^  Oraoquy,  hee  is  allmost  dead,  soe  cannot  come, 
hee  is  of  Rock-way,  some  of  his  ffriends  will  bee  here  To- 
morrow./ 

The  5t.h  Wewonecameke  of  Staten  Island. 

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

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

It's  demanded  of  them  if  they  or  any  of  them  have  heard 
of  the  Names  in  the  Dutch  Records  of  wch  diverse  were  read 
to  them,  They  say  some  they  remember,  but  they  are  dead, 
soe  doe  not  love  to  heare  of  them,  It's  40  years  agoe  since 
that  Record.1 

It  was  askt,  if  they  then  lived  upon  Staten  Island,  They 
say  —  Yes;  &  that  these  now  Clayming  are  descended  from 
them. 

It  was  then  enquired  of  them,  since  those  whose  Names 
were  read  did  40  yeares  agoe  sell  their  Interest,  why  these 
now  would  sell  it  againe  ?  They  say  they  sold  but  part; 
It's  told  them  that  it  appeares  upon  Record  that  all  was 
sold;  They  being  told  that  since  these  now  would  sell  the 

1  These  records  are  in  the  office  of  the  Secretary  of  State,  at  Albany,  among 
the  land  patents  and  deeds.  The  patent  to  Michael  Pauw,  August  10,  1630, 
is  in  Book  GG,  p.  6.  There  are  correlated  records  in  New  York  Colonial 
MSS.  (deposited  in  N.  Y.  State  Library),  vol.  9,  pp.  622,  625,  vol.  n,  pp.  53, 
54;  vol.  12,  pp.  61,  69;  vol.  13,  pp.  42,  96,  144;  vol.  14,  pp.  30,  43. 


Executive  Council  Minutes  45 


Land  againe  after  it  had  been  sold  40  yeares  agoe,  their 
Children  40  yeares  hence  may  doe  ye  like;  They  say  still 
that  then  only  part  of  it  was  sold,  soe  they  continued  on  it, 
but  now  if  they  shall  sell  it  all,  they  will  goe  off  &  leave  it.* 

They  are  told  how  it  is  made  appeare  ye  Island  hath  long 
since  been  bought;  However  in  Consideration  of  their  quiet 
Leaving  y6  Island  a  Present  shall  bee  made  them  somewhat 
extra[or]dinary  for  their  Satisfaction./ 

[21]  They  still  insist  that  a  part  was  only  sold,  &  a  small 
Matter  only  paid.  * 

All  the  Old  Dutch  Records  were  produced  &  Examined 
into;  wherein  it  was  found  that  the  said  Staten  Island  was 
sold,  &  the  Consideracon  Agreed  upon  therein  menconed, 
with  all  the  Indyans  Names  &  Markes  who  sold  it,  —  of 
wch  \Varriner,  &  Aquepo,  &  Minqua  Sachemacks  at 
Staten  Island  are  3.  It  was  in  1657.* 

This  being  prest,  they  say  they'l  speake  noe  more  of  it, 
but  lett  those  that  are  alive  of  them  who  made  the  Agreem* 
come  to  the  Governor,  &  satisfy  him  about  it. 

Then  they  are  told  that  though  there  was  an  Agreement 
yet  nothing  of  it  was  paid,  for  they  did  not  goe  off  the  Island, 
but  if  they  will  now  goe  all  off,  That  Agreement  shall  bee 
made  good  to  them. 

The  Particulars  are  read. —  viz?  — 
10  —  Shirts 

30  —  paire  of  Stockings  Woollen. 
10  —  Gunns 
10  —  Barrs  of  Lead 
30  —  pound  of  powder 

1  This  deed  bears  date  of  July  10,  1657.  The  purchase  was  annulled,  how- 
ever, December  22  of  that  year. — N.  Y.  Col.  MSS.,  vol.  12,  pp.  61,  69.  In 
the  deed  the  three  Indians  are  given  as  Waerhinnis  Couwee  of  Hespatingh; 
Acchipoor  of  Hweghkongh,  sachem  and  chief  warrior;  and  Minquasackingh 
of  Hackingsack. 


46  Province  of  New  York  [  A'p6r?°9] 

30  —  Ells  of  Redd  Dozens,  w°h  make  12  Coates 
2  —  Pieces  of  Duffells  about  36  Coates 
30  —  Kettles  small  &  Great 
50  —  Hattchets  small  &  great 
25  —  Hoes 
Some  Kniv[es] 
Some  Awles 

[22]  They  say  they'l  acquaint  ye  rest  that  are  concern'd 
with  it,  &  will  send  to  Warriner,  Aquepo,  &  Minqua- 
Sachemack  to  come  hither. 

At  last  they  promise  to  bring  Aquepo,  and  Warriner  to 
the  Governor  To-Morrow.* 

At  y«  Fort  Apr:  g^  1670. 
Pres< 

The  Governor 
Mr  Delavall 
Mf  Mayor 
Mf  Van  Ruijven 
The  Secretar. 

The  Busynesse  was  againe  had  under  Consideracon 
about  ye  Indyans  Pretences  to  Staten  Island. 

The  Indyans  brought  only  Aquepo  w1.*1  them;  they  say  War- 
riner is  sick,  &  besides  if  hee  were  well  hee  would  not  come, 
for  that  hee  hath  play'd  away  all  his  Interest  in  Staten  Island. 

Afterwards  came  also  Minqua  Sachemack./ 

Aquepo  being  shewn  the  Record  where  his  Marke  was, 
hee  presently  found  it  out. 

Hee  saith  farther  that  ye  Governor  then  promised  ye 
severall  things  mentioned  to  bee  Agreed  for  the  Island,  & 
sent  into  Holland  for  them,  but  they  never  were  sent. 

It's  askt  if  the  Gov[er]nor  will  now  make  good  [23]  that 
Agreem*,  whether  they  are  content  to  quitt  the  Island. 


[Ap6r!°9]  Executive  Council  Minutes  47 

Aquepo  prtends,  It  was  Agreed  but  for  a  part,  but  they  are 
told  y6  Record  mentions  the  whole  Island,  w°h  is  more  cer- 
taine  then  what  hee  saith. 

They  refuse  to  take  what  was  then  Agreed  upon. 
It's  told  them,  if  they  will  not  sell  they  must  Plant  in 
some  Corner  of  the  Island  that  may  bee  ffenct  in;  And  if 
they  shall  disturb  y*  People,  Cattle,  or  Hoggs  that  live  there, 
they  shall  bee  severely  punisht. 

Some  of  y6  Indyans  present  lay  Clayme  to  ye  Land  by 
Harlem,  but  y6  Records  shews  it  was  bought  &  paid  for  44 
yeares  agoe.1 

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

They  desire  to  know  what  ye  Governor  will  give  for  the 
Island,  It's  told  them,  what  was  Agreed  for  formerly,  They 
still  insist  that  the  Agreem*  was  but  for  part. 

They  demand  for  the  whole  as  followes. 
3002 —  600  —  ffathom  of  Wamp1? 
30  —   60  —  Match  Coates 

5  —  Coates  of  Dussens  made  up 
30  —   40  —  Kettles 
20 —  30  —  Gunn[s] 
[24]  30      Axes 
30       Hoes 
30       Shirts 

A  ffirkin  of  Powder,  judged  to  bee  50  pound. 
60  Barrs  of  Lead. 
50  Knives. 

1  The  reference  is  to  the  purchase  of  Manhattan  Island  from  the  Indians  in 
1626,  for  the  value  of  sixty  guilders,  an  equivalent  of  twenty-four  American 
dollars. 

1  The  figures  in  this  column  are  those  referred  to  as  "  in  y«  Margent," 
wherein  the  governor  and  council  sought  to  reduce  the  amount  asked  by  the 
Indians. 


48  Province  of  New  York 


Afternoone. 

It's  offerd  to  make  an  Abatem*  as  is  in  ye  Margent. 
The  Indyans  ask  more  100  ffathom  of  Wamp1?,  10  Kettles 
£  10  Gunns. 

The  100  ffa thorn  of  Wamp1?  is  consented  to; 
The  Governor  offers  more  to  give  them  3  halfe  ffatts  of 
Beere,  each  of  them  a  white  six  Stivf  Loafe,  &  halfe  a  Mutch 
of  Liquor/ 

Quererom  who  was  Employed  to  bring  the  Indyans  to- 
gether is  to  have  a  Blanckett,  &  a  ffathom  of  Duffells. 

Wackeckanoking  one  of  the  Speakers  is  to  have  a  small 
Iron  Pott  in  lieu  of  one  hee  lost  in  Towne. 

On  Wednesday  next  being  the  13^  day,  they  are  to  come 
againe  &  receive  their  Pay. 

[25]  The  Persons  prsent  &  concerned  strooke  hands  upon 
the  Bargaine. 

To  Leave  the  Island  upon  receiving  the  Pay. 

Their  Names 
Aquepo 

Minqua-Sachemack. 
Wewanecameck 
Pemantowes  —  Aquepo 
Quewequeen 
Wewanecameck 
Mataris 
Aquepo  in  y6  name  of  Warriner. 

Apr:  13*? 

The  Sachems  appeare,  but  not  all,  those  that  appeare  for 
them  absent  are  written  above  over  against  them.1 
There  appeare  4. 

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


Executive  Council  Minutes  49 


The  Payment  is  made,  &  Deed  of  Conveyance  signed. 

Possession  of  ye  Island  by  Turfe  &  Twigg  was  given  by 
ye  Indyans  the  i™*  of  May  following  to  Mr  Thomas  Lovelace 
&  Mr  Matthias  Nicolls  Deputed  from  the  Governo'f  l 

[26]  At  a  Councell  held  at  y* 

fFort  May  y6  14^  1670.  * 
Present 

The  Governor 
Mr  DelavaU 
MF  Willett.  * 
The  Secretary. 

Mr  Mayhews  Busyness  of  Martins  Vineyard  to  bee  taken  Mf  May- 
into  Consideracon  first./  2  hew* 

A  Letter  from  Mr  Mayhew  produced  &  read  wherein  hee 
desires  to  bee  resolved  in  what  nature  Martins  Vineyard  & 
those  parts  are  as  to  Government. 

The  Patent  to  the  Duke  includes  Martins  Vineyard  & 
those  other  Isles.3 

Papers,  vol.  i,  p.  34,  but  transferred,  in  1908,  to  the  archives  of  the  New 
York  State  Library.  Five  Indians,  on  April  i3th,  signed  by  marks  for  them- 
selves and  two  of  them  signed  again  by  marks  on  behalf  of  two  absentees. 
On  April  isth,  the  marks  of  six  Indian  children  and  youths  were  added, 
acknowledged  and  witnessed.  An  engrossed  copy  of  the  deed,  made  in  1786, 
is  in  Patents,  vol.  i,  pp.  62-66,  in  the  office  of  Secretary  of  State.  The  dupli- 
cate of  the  original  indenture  deed,  bearing  also  signatures  of  Governor 
Lovelace,  is  owned  by  the  New  York  Historical  Society,  which  acquired  it 
by  gift  from  Samuel  Hazard,  of  Philadelphia,  on  December  i,  1846.  It  was 
printed  in  Historical  Magazine,  vol.  10  (1866),  pp.  375-377,  and  varies  from 
the  State's  complementary  deed  in  several  particulars. 

1  Collateral  and  Illustrative  Documents,  No.  XVII. 

1  Thomas  Mayhew,  the  elder.  The  papers  are  in  Collateral  and  Illustrative 
Documents,  No.  XVIII. 

*  The  grant  to  the  Duke  of  York  included  "  all  those  severall  Islands  called 
or  knowne  by  the  names  of  Martin  Vineyards  and  Nantukes  otherwise  Nan- 
tukett,"  and  all  the  islands  appertaining  to  them.  —  Colonial  Laws  of  New 
York,  vol.  i  (Albany,  1894),  p.  i. 

[4] 


50  Province  of  New  York  tiy70,J 


It  is  Ordered,  That  a  Lett'  bee  sent  to  M.r  Mayhew,  to 
desire  him  according  to  his  Proffer  to  take  a  Journey  hither, 
to  consult  about  those  parts,  &  their  Settlem*,  &  that  hee 
give  Notice,  to  those  of  Plymouth  Colony,  Rhode  Island,  or 
any  other  that  have  any  prtences,  or  lay  Clayme  to  any  of 
those  Islands,  to  lett  them  know  that  within  the  space  of 
two  Months  ye  Governor  intends  to  settle  those  parts,  soe 
that  they  may  doe  well  to  come  or  send  some  Agent  to  Act 
for  them,  otherwise  after  that  time  all  y°  Pretences  or  Claymes 
will  bee  adjudged  of  noe  Validity. a 

Mr  Mayhew  is  to  bee  desired  to  bring  all  his  Patents  [27] 
Writings  or  other  Papers  relating  hereunto  with  him. 

The  Dukes  Patent  wherein  Martins  Vineyard  is  included 
is  shewn  to  young  Mr  Mayhew.1 

Connec-  The  Busyness  about  Connecticott  Bounds   &  their  New 

Bounds       Settlements  neare  Hudsons  River,  taken  into  Consideration.2 

It  is  Ordered  to  bee  referred  untill  an  Inter  View  between 
the  Governors,  as  also  that  of  the  Motion  of  peace  between 
the  Maques  &  North  Indyans,3  wth  that  of  ye  Warr  between 
(French  &  Dutch. 
Cap*  Cap?  Bakers  Busyness  considered  of.4 

Baker. 

1  Matthew,  son  of  Rev.  Thomas,  and  grandson  of  Thomas  Mayhew,  the 
elder. 

'Collateral  and  Illustrative  Documents,  No.  XIX.  See  also  Bowen. 
Boundary  Disputes  of  Conn.  Boston,  1882,  pt.  iv;  and  bibliography  in  Bulletin 
of  New  York  Public  Library,  vol.  iv,  pp.  361,  ff. 

'The  Mahican. 

4  Collateral  and  Illustrative  Documents,  No.  XX.  The  dismissal  of  Captain 
John  Baker  from  his  command  as  deputy  governor  at  Albany  was  the  cul- 
mination of  a  series  of  disorders  which  were  induced  by  his  querulousness 
and  arbitrary  demeanor,  particularly  with  William  Paterson,  a  merchant  of 
New  York  City,  but  temporarily  at  Albany.  Baker  had  been  put  in  com- 
mand by  Governor  Nicolls,  September  25,  1665,  as  successor  to  Captain 
John  Manning.  In  August,  1668,  joint  instructions  were  issued  to  him  by 
Nicolls  and  Lovelace,  for  the  proper  regulation  of  the  militia  and  other  affairs 
at  Albany,  and  contained  sound  advice.  The  first  article  read:  "  Because 
t'is  in  vaine  to  give  Instructions  unlesse  you  observe  them  punctually;  you 
are  strictly  charged  and  required,  to  read  them  over  frequently,  and  not  to 


Executive  Council  Minutes  51 


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

Cap*  Salisbury  to  bee  in  his  Place.1 

The  Busyness  of  Eleazer  Leveridge  &  his  reputed  wife 
Rebeckah  taken  into  Consideration.2  j 

follow  yor  owne  humor  but  my  [our]  ord1?"  He  was  not  to  let  his  "  eares 
be  abused  with  private  Storyes  of  y6  Dutch,  being  disaffected  to  the  English," 
and  when  he  had  sufficient  testimony  against  any  Dutchman  of  words  or 
actions  tending  to  a  breach  of  peace  or  scandalous  in  defamation,  the  offender 
was  to  be  delivered  over  to  the  commissaries.  His  fracas  with  Paterson 
happened  on  July  31,  1669.  *Paterson  sent  a  written  complaint  to  the  gov- 
ernor involving  a  technical  charge  of  burglary  as  well  as  assault.  The  evi- 
dence against  Baker  was  overwhelming  and  he  offered  to  apologize  and 
admitted  his  fault,  but  the  Scotch  blood  of  Paterson  would  not  so  easily  be 
assuaged.  On  October  4,  1669,  a  special  arbitration  commission  was  ap- 
pointed by  Lovelace,  to  sit  on  the  case  which,  figuratively,  sat  on  Baker, 
finding  him  at  fault  and  ordering  him  to  pay  to  Paterson  two  hundred  guilders, 
seawant,  as  damages,  whilst  the  charges  of  the  commission  were  to  be  borne 
equally  by  the  litigants  (October  6,  1669).  Paterson  soon  disappears  from 
the  scene,  but  we  cannot  agree  with  Mr.  Innes  that  he  is  the  same  William 
Paterson  who  founded  the  Bank  of  England  and  was  noted  for  philanthropies. 
Baker  appears  at  Esopus,  June  19,  1671,  interested  in  obtaining  land  for 
one  of  his  sons,  and  Lovelace  ordered  the  magistrates  "  to  cause  one  of  ye 
best  in  my  Disposall  to  be  laid  out  at  Marbleton  for  him,"  promising  con- 
firmation by  patent.  In  1673  Baker  is  found  as  a  petitioner  from  Elizabeth 
Town,  New  Jersey,  in  which  he  had  a  joint  interest,  and  where  he  died  in 
September,  1702. —  General  Entries,  vol.  4,  p.  19;  Brodhead.  Hist,  of  N.  Y., 
vol.  2,  pp.  87,  167;  N.  Y.  Col.  Docs.,  vol.  2,  p.  571;  N.  Y.  Col.  MSS.,  vol.  22, 
p.  10 ;  for  his  will,  etc.,  see  New  Jersey  Archives,  vol.  21,  p.  151.  The  papers 
on  the  case  of  Paterson  vs  Baker  embrace  complaint,  answer,  depositions, 
statements  of  Gerrit  Swart,  the  Albany  schout,  correspondence  of  Albany 
commissaries  and  letters  from  Lovelace,  minutes  of  court  martial,  Baker's 
apology  and  bond,  appointment  of  arbitrators  and  their  report,  etc.,  which 
are  in  New  York  Colonial  MSS.,  vol.  22,  pp.  78-94;  Court  of  Assizes,  vol.  2, 
pp.  200,  418-419,  489;  Orders,  Warrants,  Letters,  vol.  2,  pp.  514-516;  and 
perhaps  others.  A  good  summary  of  this  case  is  in  Innes.  New  Amsterdam 
and  its  People,  pp.  199-203. 

1  Captain  Sylvester  Salisbury.  His  commission,  dated  July  13,  1670,  is  in 
N.  Y.  Col.  MSS.,  vol.  22,  p.  104.  See  Collateral  and  Illustrative  Docu- 
ments, No.  XIX.  For  personal  data  see  Talcott.  Genealogical  Notes  of 
New  York  and  New  England  Families,  p.  216;  Magazine  of  American  His- 
tory, vol.  19,  pp.  233-244. 

1  Collateral  and  Illustrative  Documents,  No.  XVI. 


52  Province  of  New  York 


It  is  y6  Opinion  of  Mr  Delavall,  Mr  Wiilett,  &  ye  Secretary 
that  there  is  sufficient  Occasion  of  a  Divorce,  &  also  some 
Allowance  from  the  Man  to  the  Woman  out  of  his  Estate.* 

[28]  At  ye  Fort  July  f*  1670. 

Before  ye  Governor 
Pres* 

The  Governor 
Mr  Delavall 
The  Secretary 

The  Matter  under  Consideration  is  ye  difference  between 
John  Archer  for  ffordham,  &  the  3  ffarmes  —  Betts,  Tip- 
pett,  &  Heddy  —  touching  their  Meadow.1 

Archer  claymes  30  Acres  as  sold  him  by  Doughty,  Betts 

claymes  ye  rest,  &  ye  Swamp.     The  Swamp  lyes  under  ye 

Towne,    &  cannot  bee  accompted  Meadow,  as  both   Mr 

For  y6       1  Jacques  Cortelijau    &  Mr  Thomas   Rider  Surveyo1?  doe 

Ordf    videLep0rt;  An  Order  hereupon.2 

y6  Records.] 

At  ye  Fort  July  7*.h  1670. 
Before  the  Governo? 


Chestf          ' 


Mra  Harri-l     Vpon  ye  Complaint  of  Thomas  Hunt  Sen?   &  Edward 
son  &  west- ^  Waters  3  on  behalfe  of  ye  Towne  of  West  Chester  against  a 

1  Collateral  and  Illustrative  Documents,  No.  III.  Archer  brought  suit  at 
the  assizes,  October,  1672,  by  a  special  warrant,  against  Betts,  Tippett  and 
the  inhabitants  of  the  three  farms  near  Fordham,  as  to  right  of  title  to  the 
"  Bagg  of  Swamp  or  Marsh."  The  jury  found  for  Archer,  and  the  court 
concurred. —  Court  of  Assizes,  vol.  2,  pp.  289,  296,  301,  308.  At  the  same 
session  of  the  assizes,  John  Heddy  was  fined  five  pounds,  on  a  charge  of 
hog-stealing,  of  which  he  could  not  clear  himself  to  the  satisfaction  of  the 
court. —  Ibid,  pp.  290,  298,  302,  312.  Heddy  had  been  appointed  one  of 
two  overseers  for  the  town  of  Fordham,  on  February  13,  1671/2.—  Records 
of  New  Amsterdam,  vol.  6,  p.  362. 

1  Collateral  and  Illustrative  Documents,  No.  III. 

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


[j'tuj0?]  Executive  Council  Minutes  53 

Woman  suspected  for  a  Witch  who  they  desire  may  not 
live  in  their  Towne;  The  Woman  appeares  with  Cap*  Pon- 
ton l  to  [29]  justify  her  selfe;  her  Name  is  Katharine 
Harryson.2 

Their  Peticon,  as  also  another  from  Jamaica  against  her 
settling  there  were  read. 

Shee  saith  shee  hath  lived  at  Wethersfield  19  yeares,  & 
came  from  England  thither;  Shee  was  in  Prison  12 
Months. 

Shee  was  tryed  for  Witchcraft  at  Hartford  in  May  last, 
found  guilty  by  the  Jury,  but  acquitted  by  the  Bench,  & 
released  out  of  Prison,  putting  her  in  minde  of  her  Promise 
to  remove. 

An  Ordr  that  shee  remove  out  of  Towne  &c : 

original  patentees. —  Bolton.  Hist,  of  the  Town  of  Westchester  (1881  edition), 
vol.  2,  pp.  296,  301. 

1  Richard  Ponton  or  Panton,  of  Westchester.  On  January  23,  1670/1,  he 
sold  to  John  Hunt,  also  of  Westchester,  "  my  now  dwelling  House  in  West- 
Chester  with  two  Home  Lotts  lyeing  by  it,  as  adjoyning  thereunto,  with 
other  appurtenances." —  Deeds,  vol.  3,  pp.  136-137. 

'Collateral  and  Illustrative  Documents,  No.  XXI.  Katherine  Harrison, 
widow  of  John  Harrison,  of  Wethersfield,  Conn.,  whose  daughter  Rebeckah 
had  been  married  to  Josiah  Hunt,  son  of  the  above-mentioned  Thomas  Hunt, 
Sr.  She  lived  at  Westchester  with  her  son-in-law  and  daughter,  who  sued 
her  for  the  recovery  of  property  said  to  have  been  left  to  the  daughter  by 
her  deceased  father,  and  which  it  was  claimed  her  mother  withheld  from  her. 
Jonathan  Gilbert,  of  Hartford,  a  cousin  of  the  widow,  was  one  of  the  execu- 
tors of  John  Harrison's  will. —  Court  of  Assizes,  vol.  2,  pp.  261-266  (October, 
1671);  Records  of  New  Amsterdam,  vol.  6,  pp.  302,  306.  John  and  Katherine 
Harrison  were  married  on  May  4,  1653  and  had  three  daughters,  of  whom 
Rebeckah,  born  February  10,  1654,  was  t*16  oldest. —  Adams  and  Stiles. 
Hist,  of  Ancient  Wethersfield,  Conn.,  vol.  2,  p.  416. 

New  York  had  an  earlier  witchcraft  trial  at  the  assizes,  on  October  2,  1665, 
against  Ralph  Hall  and  his  wife,  Mary,  both  of  Brookhaven.  They  were 
accused  of  causing  the  death  of  George  Wood  and  of  "an  Infant  Childe 
of  Ann  Rogers,  widdow  of  ye  aforesaid  George  Wood  deceased."  Hall  was 
bound  over  "  Body  and  Goods  "  as  security  on  a  recognizance  for  his  wife's 
appearance  "  at  the  next  Sessions  and  so  on  from  Sessions  to  Sessions,  as 
long  as  they  stay  wthin  this  Government." —  Court  of  Assizes,  vol.  2,  pp. 
38-42. 


54  Province  of  New  York 


The  Orel?  drawn  at  large,  to  wch  Reference  to  bee 
had. 

The  Courts  OrdF  at  Har[t]ford,  was  as  followeth.1 

Co1?  of  Assistants  Har[t]ford  May  20^  1670. 

This  Co1?  having  considered  ye  Verdict  of  ye  Jury  respecting 
Katharine  Harrison  cannot  concurre  with  them  soe  as  to 
Sentence  her  to  Death,  or  to  a  longer  Continuance  in  Re- 
straint, but  doe  dismisse  her  from  her  Imprisoning  Shee 
paying  her  just  ffees  to  ye  Goaler;  Willing  her  to  minde  ye 
performance  of  her  Promise  of  removing  from  Weathers- 
field,  wch  is  that,  as  will  lend  most  to  her  own  Safety  &  ye 
Contentm?  of  the  People  who  are  her  Neighbo1^ 

Daniell  Garrad  is  allowed  for  keeping  Goodwife  Harryson 
five  pounds. 

Extracted  out  of  ye  Records  of  ye  Court. 
p  me  John  Allen  Seer. 

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

The  Governo? 
Mr  Delavall 
The  Secretary 

The  Matt?  to  bee  considered  of  is  the  Complaint  of  ye 
Towne  of  West-chester  against  Katharine  Harryson  Widdow 
suspected  of  Witch-craft  &c:2 

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

1  On  her  imprisonment  and  trial  in  Connecticut,  see  Records  of  Court  of 
Assistants,  vol.  i,  pp.  1-17;  Colonial  Records  of  Conn.,  vol.  2,  pp.  118,  132; 
Doc.  Hist,  of  N.  Y.  (octavo  edition),  vol.  4,  pp.  136-138;  Taylor.  The  Witch- 
craft Delusion  in  Colonial  Connecticut.  1647-1697.  New  York,  [1908],  pp. 
47-61,  153;  Adams  and  Stiles.  Hist,  of  Ancient  Wethersfield,  Conn.,  vol.  x, 
pp.  682-684. 

J  Collateral  and  Illustrative  Documents,  No.  XXI. 


UJ*°aJ  Executive  Council  Minutes  55 


There  appeared  for  ye  Towne  Edward  Waters  Constable 
&  John  Quinby; 

ffor  y6  Woman  Cap*  Ponton,  Thomas  Hunt  Senr,  &  Junf,1 
Roger  Townsend,2  &  one  More.3 

Cap*  Ponton  produced  a  Lettf  from  Cap*  Talcott 4  to  him 
in  Justification  of  the  Womans  Innocency,  &  another  Letter 
from  John  Allen  Secretary  of  Connecticott  Governing  in 
excuse  of  not  sending  ye  Womans  Papers. 

Josiah  Willard  bein^  desired  to  say  what  hee  knew  con- 
cerning the  Woman,  making  Relation  of  what  is  certifyed  by 
Mr  Allen,  hee  is  one  of  that  Governm*  that  knew  of  her 
Arraignment,  &  was  spoken  to  (that  hee  would  bee  prsent) 
by  ye  Constable,  but  hath  nothing  to  say  further. 

It  being  taken  into  Consideration,  It  is  Ordered  that  the 
Discussion  of  this  Matter  bee  referrd  [31]  to  ye  next  Gen*.1 
Court  of  Assizes;  In  ye  meane  time  that  shee  give  Security 
for  her  good  Behavio1,  during  the  time  of  her  Abode  amongst 
them  at  West-Chester./  5 

1  Thomas  Hunt,  Jr.  was  an  ensign  of  the  foot  company  of  the  town  of 
Westchester,  but  was  succeeded  by  Joseph  Palmer,  June  27,  1672,  or  a  few 
days  after  Hunt  had  been  served  with  a  warrant  to  appear  at  the  court  of 
sessions,  held  in  Jamaica,  to  answer  to  a  presentment  in  which  he  was  charged 
with  hog-stealing.  He  was  found  guilty  at  the  sessions,  and  was  bound  over 
to  the  court  of  assizes  of  October,  1672,  where  he  was  fined  "  sixty  pounds, 
or  receive  the  Corporall  punishm*  of  Thirty  nine  Stripes  at  the  Common 
Whipping  Post  before  the  State  House  in  this  City  [New  York]  before  the 
breaking  up  of  this  CofV'  to  pay  the  costs  and  provide  security  for  his  good 
behavior. —  General  Entries,  vol.  4,  pp.  141,  147;  Court  of  Assizes,  vol.  2, 
pp.  290,  298,  311. 

*  For  land  patent  of  Roger  Townsend  at  Westchester,  see  Court  of  Assizes, 
vol.  2,  p.  528,  and  for  deeds  recorded  for  him,  in  1672,  see  Deeds,  vol.  4,  pp. 
72-74.  His  will,  dated  May  7,  1674,  mentions  his  wife,  Mary.  She  was 
soon  married  to  Captain  Richard  Osborne,  who  was  appointed  administrator 
of  Townsend's  estate. —  Collections  of  N.  Y.  Hist.  Society,  1892,  pp.  28,  38. 

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

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

1  Collateral  and  Illustrative  Documents,  No.  XXI. 


Province  of  New  York 


r  1670  - 

LOct.    22 


Albany) 
Schout.  I 


Maritien 
Damen 


Cap:  Salis- 
bury's 
Lettf 

about  trad- 
ing wth 
Cattle  for 
Beaver. 


Present 


At  a  Councell  held  ye  22fc.h 
day  of  Octob:  1670. 


The  Governor 
Mr  Mayor 1 
Mr  Steenwijck 
The  Secretary.  _, 


The  Matt1?  under  Consideration,  ffirst  about  ye  Schout  at 
Albany.2  I.  That  y®  prsent  Schout  doe  continue  untill  M.r 
Mayo1?  goeing  up,  when  hee  may  make  Enquiry  of  a  person 
that  may  bee  most  acceptable  to  ye  Magistrates  of  ye  Towne 
to  bee  in  that  Employment,  Vpon  whose  Recommendacon 
that  Person  may  bee  confirmed  in  the  Places 

2.  The   next   about   Maritien   Damens3    &  Jan   Clutes 
Exchange  of  the  6.  Margen. 

That  what  was  Ordered  by  ye  Governor  &  Councell  at 
their  being  there  this  Summer  doe  stand  good.4 

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

1  Thomas  Delavall,  who  had  been  commissioned  mayor  of  New  York  City, 
on  October  9,  1670. —  Court  of  Assizes,  vol.  2,  p.  598. 

*Gerrit  Swart  was  then  sheriff  of  Albany,  and  had  been  till  1665  schout  of 
the  colony  of  Rensselaerswyck. —  See  O'Callaghan.  Hist,  of  New  Netherland, 
vol.  2,  p.  564;  Van  Rensselaer  Bowier  Manuscripts,  pp.  844-845. 

1  Maritie  Damen  was  first  married  to  Dirck  van  Eps,  and  after  his  death 
became  the  wife  of  Hendrick  Andriese  van  Doesburgh,  who  died  about  1663. 
In  1664  she  was  married  again,  to  the  widower,  Cornelis  Hendrickse  van  Nes. 
She  received  a  patent,  on  May  8,  1668,  for  land  at  Canastagione,  apparently 
that  part  of  the  present  town  of  Clifton  Park,  Saratoga  County,  lying  east 
of  Stony  Creek  and  abutting  on  the  Mohawk  River,  opposite  "  Great  (now 
Shakers)  Island."  She  also  owned  a  house  and  lot  in  Albany. —  Pearson. 
First  Settlers  of  Albany,  pp.  37,  128;  ibid.  First  Settlers  of  Schenectady,  p.  221 ; 
ibid.  Hist,  of  Schenectady  Patent,  pp.  105,  185.  For  van  Nes  see  also  Van 
Rensselaer  Bowier  Manuscripts,  p.  824.  The  patent  of  May  8,  1668,  is  in 
Patents,  vol.  3,  pp.  26-27,  office  of  Secretary  of  State. 

•Collateral  and  Illustrative  Documents,  No.  XXII. 


[olt/Sal  Executive  Council  Minutes  57 

That  an  Ordr  &  Proclamacon1  bee  made  to  Prohibit! 
the  Importacon  of  Cattle,  Horses,  or  Goods  from  any  other 
Government  to  that  Place  over  Land,  or  of  Exportacon  of 
Beave.r  or  Peltry  from  thence  that  way,  without  particular 
Order  from  the  Governor  under  the  penalty  of  forfeiture  &c : 
untill  his  Royall  Highness  Pleasure  shall  bee  further  known 
herein. 

4.  In  Answe.r  to  {Father  Pierron  2  Lettf;    To  recommend  Father 
it  to  Cap.1  Salisbury  &  the  Commissaryes  to  bee  very  watch-  ^ 
full  over  his  Actions,    &  to  give  Acco*  thereof  upon  all 
Occasions. 

5.  About  fortifying  of  the  Towne  and  ffort,  That  they  bee  Fortifying 
putt  in  minde  of  their  promise   &  Engagem*  thereupon  to  Albany.* 
ye  Governor 

6.  About  ye  peace  between  ye  Maques  and  Mahicanders.    Maques  & 
To  leave  this  in  suspence  untill  ye  Certainty  of  Governor  de*sic< 

Winthrops  Voyage  for  England  bee  knowne,  &  the  Returne  A  peace, 
of  Mr  Mayof  from  Albany.3 

7.  About  Bridge  Money  for  Horses  &c: 4  Brids 

Money. 

1The  full  text  of  the  order  and  proclamation  has  not  been  found  after 
prolonged  search. 

*  Father  Jean  Pierron,  S.  J.,  who  says  he  "  arrived  from  Europe  on  the 
2;th  June,  1667." — Sainsbury.  Calendar  of  State  Papers,  America  and  West 
Indies,  1 66 1 — 1668,  p.  496.  His  correspondence  with  Lovelace  began  in  1668. 
Lovelace,  in  a  letter  to  Thomas  Delavall,  July  6,  1671,  referred  to  one  of 
Pierron's  letters  as  "  a  French  Rant."  On  the  correspondence  between  the 
Jesuit  and  the  governor,  see  Thwaites.  Jesuit  Relations  and  allied  Documents, 
vol.  52,  pp.  12,  139-141,  262;  and  vol.  67,  pp.  41-43,  47,  333;  Brodhead. 
Hist,  of  N.  Y.,  vol.  2,  p.  146;  N.  Y.  Colonial  Docs.,  vol.  9,  p.  883.  For 
sketch  of  Pierron  see  Thwaites.  Jesuit  Relations,  vol.  50,  p.  323;  vol.  71,  p.  150. 

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

4  On  September  20,  1671,  Ralph  Warner  was  appointed  "to  take  Cog- 
nizance of  all  Horses  or  Mares  that  shall  come  to  ye  ferry  or  parts  adjacent 
to  be  Transported  out  of  this  Governm1,  And  that  you  Record  the  Attestacons 
from  whence  they  come,  together  wth  their  Markes  &  Colours,  and  receive 
ye  Sallary  allowed  for  ye  same."  The  court  of  assizes  of  1669  had  ordered 
that  a  person  should  be  appointed  for  this  purpose  and  to  prevent  abuses. — 
General  Entries,  vol.  4,  p.  35. 


Province  of  New  York 


r  1670 

LOct.   2 


An  Ord1"  thereupon,  to  ye  wch  to  referr.  vide  ye  Records. 
Stealing         [33]     8.  About  Stealing  of  Canooes  &c: 

The  having  a  Watch  kept  to  prvent  Disord?  by  Night  to 
bee  left  to  farther  Consideration;  but  for  the  present,  That 
the  Sherriffe  of  ye  City  doe  take  an  Exact  List  of  ye  Inhabi- 
tants &  Burgers  in  each  Street  of  the  Towne,1  &  make 
Returne  thereof  to  the  Governor  &c: 

As  to  ye  Penalty  for  Stealing  Canooes  &c:  That  the  Per- 
sons who  shall  bee  found  guilty  shall  bee  lyable  to  a  ffine  & 
Imprisonment  or  Corporall  Punishment  according  to  the 
Demeritts  of  the  ffact.ff 2 

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

And  Ordr  issued  forth  accordingly.^  )  vide  ye 

J  Records.3 

10.  The  Abollishm*  of  Customes  at  ye  Whore-Kill  to  bee 
Ordered;    &  a  Lett?"  written  to  the    Inhabitants  in  Answr 
to  their  Peticon. 

An  OrdF   &  Lett?"   drawn  up  accordingly,   whereunto  to 
be  referr'd.y    vide  ye  Records.4 

1  This  is  an  interesting  fact  in  the  history  of  the  census  of  New  York  City, 
although  the  list  seems  not  to  be  in  existence.  Lists  of  the  residents  in  1665 
are  in  Valentine's  Manual,  1849,  pp.  356-359,  and  ibid,  1861,  pp.  613-621. 
Another  list  of  1674  is  in  ibid,  1866,  pp.  805-809.  For  later  censuses  see 
Doc.  Hist,  of  N.  Y.,  vol.  i  (octavo  edition),  pp.  687-697. 

'Collateral  and  Illustrative  Documents,  No.  XXIII.  The  punishment 
accorded  by  the  court  of  assizes,  October,  1672,  for  stealing  of  hogs,  boats 
or  canoes  was  severe.  It  involved  a  fine,  corporal  punishment  or  even  having 
an  ear  cut  off. —  N.  Y.  Colonial  MSS.,  vol.  22,  p.  142  (Article  8).  See  also 
Records  of  New  Amsterdam,  vol.  6,  p.  359  (February  13,  1671/2). 

8  Collateral  and  Illustrative  Documents,  No.  XVI. 

•  Collateral  and  Illustrative  Documents,  No.  XXIV. 


Eleazr 
Leveradge 
his  Mar- 
riage null. 


Whore  kill 
Customes. 


[D£°I]  Executive  Council  Minutes  59 


[34]  At  a  Councell  held  in  y6  ffort 

Decemfe:  Is*  1670. 
Present 

The  Governor 
Mr  Mayor 
Mr  Steenwijck 
The  Secretary 

Mr  Smiths  Peticon  taken  into  Consideration  about  the  Mr  Smith. 
Bounds   of  Nesaquake  "River,1  Mr   Smiths   Clayme    being 


1  Collateral  and  Illustrative  Documents,  No.  XXV.     On  account  of  the   Bounds. 
involved  nature  and  prolonged  litigation  of  the  case  of  Richard  Smith  against 
the  town  of  Huntington,  as  to  title  to  the  Nesaquake  or  Nissequogue  lands, 
we  have  included  also  the  records  of  the  case  at  the  various  sessions  of  the 
court  of  assizes. 

Richard  Smith,  the  patentee  of  Smith  town,  L.  I.,  was  known  as  the  "  Bull 
rider  "  and  is  the  ancestor  of  the  family  of  "  Bull  Smiths."  He  was  a  son 
of  Richard  Smith,  a  native  of  Gloucestershire,  England,  and  a  pioneer  of 
New  England  at  Taunton,  Mass.,  in  Rhode  Island  and  later  on  Long  Island 
and  in  New  Amsterdam.  Richard,  the  son,  was  at  Southampton,  L.  I.,  as 
early  as  October,  1643;  was  chosen  a  freeman  of  that  town  on  October  7, 
1648;  became  constable  on  October  7,  1650,  and  held  other  offices  there. 
He  was  banished  by  the  general  court  in  September,  1656,  for  "  vnreuerend 
carriage  towards  the  Magistrates,"  or  contempt  of  court,  and  removed  to 
Setauket  or  Brookhaven.  For  a  time  he  had  charge  of  his  father's  property 
in  New  Amsterdam,  which  was  disposed  of  in  1662.  Becoming  ambitious 
to  hold  extensive  lands  on  his  own  account,  he  purchased  from  an  Indian, 
sachem,  named  Nassekege,  land  on  the  east  side  of  the  Nissequogue  River, 
and  made  an  agreement  to  purchase  from  Lion  Gardiner  another  tract  on, 
the  west  side  of  that  river,  adjoining  Huntington  and  claimed  by  that  town. 
It  was  this  last  named  transaction  which  precipitated  the  protracted  con- 
troversy with  Huntington.  He  died  on  March  7,  1692/3,  and  was  survived 
by  his  widow,  Sarah  Folger,  of  Boston,  who  died  in  1708.  They  had  seven 
sons  and  two  daughters  from  whom  a  large  progeny  is  descended.  For 
personalia  see  Pelletreau.  Wills  of  the  Smith  Families,  p.  14  (note);  Pelletreau. 
Records  of  the  Town  of  Smithtown  (1898),  pp.  vii—  x,  464,  490;  Huntingdon 
Town  Records,  vol.  i  (1887),  p.  170  (note);  Innes.  New  Amsterdam  and  its 
People  (1902),  pp.  218-222;  Montgomery.  Smith  Family  of  New  York  (1879). 
For  the  land  controversy  see  also  Huntingdon  Town  Records,  vol.  i,  pp.  7 
(note),  92-96,  169-170,  176-177,  179-180,  193-200,  209-214;  Records  of  East- 
Hampton,  vol.  i,  p.  336;  Pelletreau.  Records  of  the  Town  of  Smithtown,  pp. 
1-38;  Brookhaven  Town  Records,  vol.  i,  pp.  22,  46-48. 


60  Province  of  New  York 


heard  as  to  ye  Bounds  of  Nesaquake  Lands,  shee  [sic] 
declared  it  to  bee  as  farr  as  the  fresh  Pond  on  the  West  side 
of  the  River,  &  soe  to  the  Hollow. 

It  is  Ordered,  That  the  Bounds  of  Nesaquake  Land  as 
sett  forth  by  Mr  Smith,  being  to  the  Westermost  side  of  the 
ffresh  Pond  bee  sent  to  Huntington  for  them  to  returne  in 
Answer  what  they  have  to  say  to  the  contrary. 
To  recommend  a  Composure. 

Mr  Smith  engages  to  settle  10  ffamilyes  if  they  have  the 
Land  to  the  ffresh  Pond.ff 

Maques  &        About  the  Peace  between  ye  Maques  &  Mahicandr.s 
MahicandT3       Ordered  that  a  Letter  of  what  hath  past  at  Albany   & 
Schanechtide  with  a  Translation  of  ye  Propositions  made  by 
the  Indyans  there  bee  sent  to  Governor  Winthrop,  with  a 
Desire  of  his  Answer  upon  it.1 

The  Heer  Mijn  Heer  Johannes  de  Deckers  Petition  to  his  Royall 
Decker.6  Highness  vs  Reference  thereupon  being  [35]  considered  of, 
concerning  ten  Negroes  hee  layes  Claime  to  &  his  Sallary 
due  from  ye  West  Indya  Company,2  It  is  Ordered,  That 
Thursday  ye  8th  of  this  instant  Month  bee  the  time  appointed 
to  heare  Mr  Deckers  prtences  in  Order  to  the  Petition  and 
Reference  of  his  Royall  Highnesse  afore-mentioned;  To 

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

'Collateral  and  Illustrative  Documents,  No.  XXVI.  De  Decker  said  in 
his  petition  that  he  had  left  ten  negroes  "  in  custody  of  one  Resolved  Waldron 
to  dyet  and  keepe  them  for  your  petitioner,"  but  were  seized  by  Thomas 
Delavall  "  as  negroes  belonging  to  the  Dutch  Company,  but  indeed  were 
not  so." —  Collections  of  N.  Y.  Hist.  Society,  1892,  pp.  82-83.  These  negroes 
were  part  of  a  consignment  of  slaves  brought  over  by  the  slave  ship  "  Gideon  " 
to  New  Amsterdam,  in  August,  1664,  just  prior  to  the  surrender  of  the  city. 
De  Decker  claimed  protection  under  article  3  of  the  articles  of  surrender. 
He  had  been  a  member  of  the  council  of  the  Dutch  West  India  Company  at 
New  Amsterdam,  and  was  one  of  the  Dutch  commissioners  who  signed  the 
articles  of  capitulation  to  the  English  in  August,  1664.  He  was  banished 
from  New  York,  on  September  30,  1664,  to  leave  within  ten  days,  for  trading 
with  powder  and  negroes  up  the  Hudson  River  as  far  as  Albany,  without 
having  obtained  first  a  certificate  from  Governor  Nicolls,  and  because  "  hee 


[De6c!°i]  Executive  Council  Minutes  61 


which  end  a  Summons  is  to  bee  sent  to  him  to  appeare  that 
day  in  the  ffort  by  two  a  Clock  Afternoone,  to  make  good  ye 
prtences  &  Claymes  mentioned  in  his  Peticon. 

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

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

Resolved  Waldron.         ) 

The  Mayor  &  Aldermen  to  bee  as  Assistants  to  the 
Governor  &  Councell. 

Mr  Deckers  prtences  for  Land  at  Staten  Isl?  to  bee  left  to 
farther  Consideration.1 

Philip  Pieters  2  Bill  of  Sale  for  Land  there,  The  Tide  is  PhaiP 
judg'd  soe  obsolete  and  old,  that  his  prtence  thereupon  is  aboutLand 
void;    Jacob  Melijen  3  from  whom  hee  derives  his  Title,  on  Staten 
having   sold  all  hee  claymed  there  unto  the  West  Indya  Is ' 
Company,  reserving  only  a  ffarme.4 

did  endeavo?  by  discourses  to  alienate  the  mindes  of  his  Ma^63  Dutch  sub- 
jects from  that  happy  reconcilement  without  bloudshed,"  and  for  other 
alleged  causes.  He  received  a  pass,  accordingly,  on  October  5,  to  go  with 
eight  negro  servants  and  his  necessaries  "  to  the  french  plantations  of  Mar- 
tinica,  Gardeloupa  or  St  Christophells  "  and  thence  to  Holland.  After  the 
treaty  of  Breda,  the  Duke  of  York  referred  De  Decker  to  Lovelace  for  the 
redress  of  his  grievances,  and  it  is  this  inquiry  by  Lovelace  that  appears  in 
the  council  minutes.  De  Decker  received  from  Lovelace,  as  a  peace-offering, 
a  tract  of  land  on  Staten  Island.  His  name  is  yet  perpetuated  in  Decker- 
town,  Sussex  County,  N.  J. —  Innes.  New  Amsterdam  and  its  People,  pp. 
42-43;  General  Entries,  vol.  i,  pp.  23,  39,  149;  Brodhead.  Hist,  of  N.  Y.f 
vol.  i,  pp.  599,  625,  741,  742,  743-744,  763;  vol.  2,  pp.  35,  46,  182-183. 

1  Collateral  and  Illustrative  Documents,  No.  XXVI. 

'This  refers  to  Philip  Pietersen  Schuyler,  often  called  Philip  Pieters,  for 
short.  He  was  of  Albany  and  was  also  interested  hi  the  settlement  of  the 
new  villages  at  Esopus,  hi  November,  1668. — Orders,  Warrants,  Letters,  vol.  2, 
p.  280;  N.  Y.  Colonial  MSS.,  vol.  10,  p.  113.  See  for  personal  data  Munsell. 
Schuyler  Family  (1874);  Van  Rensselaer  Bowier  Manuscripts,  pp.  841-842; 
Schuyler.  Colonial  New  York,  vol.  i,  pp.  99-186. 

1  Son  of  Cornelis  and  Jannetje  Melyn. 

« Collateral  and  Illustrative  Documents,  No.  XXVII. 


62 


Province  of  New  York 


r  1670  i 

L  Dec.  i  J 


Mr   Sharpe 
about 
Doraines 
Hook. 


Seatalcot. 
for  En- 
largem* 


There  appearing  noe  Transport  of  the  Land  nor  Record 
thereof,  hee  hath  his  Remedy  only  against  Melijen,  for 
what  hee  hath  disburse 

[36]  In  the  Busyness  of  Mr  Sharpe *  about  Domine's 
Hooke,2  That  Mr  Van  Brugh  3  &  Mr  Bayard,4  &  also  Mr 
Sharpe  doe  Attend  the  Governor  &  Councell  To-morrow 
by  ten  a  Clock  in  the  Morning,  when  both  Partyes  shall  bee 
heard. 

Seatalcott  Busyness  for  Enlargement.5 

»John  Sharpe,  of  New  York  City,  who  had  come  over  with  Governor 
Nicolls  from  England,  in  1664,  having  resided  in  London  "  at  the  Signe  of 
the  Ramme  in  ffleete  Streete."  He  was  commissioned  a  public  notary  by 
Governors  Nicolls  and  Lovelace. — Orders,  Warrants,  Letters,  vol.  2,  pp.  23, 
*97»  237;  Court  of  Assizes,  vol.  2,  p.  573.  See  also  Collections  of  N.  Y.  Hist. 
Society,  1892,  p.  166;  Bergen.  Kings  County  Settlers,  p.  260. 

1  Situated  up  the  East  River,  at  the  mouth  of  Mespath  Kill  (now  Newtown 
Creek),  and  consisting  of  one  hundred  and  thirty  acres  of  upland  and  meadow, 
being  the  section  of  late  called  Hunter's  Point. —  Innes.  New  Amsterdam 
and  its  People,  p.  16.  This  tract  of  land  had  been  given  to  Dominie  Everardus 
Bogardus  and  was  named  from  him.  He  had  married  Anneke  Jans,  widow 
of  Roelof  Jans,  and  after  her  death  Dominie's  Hook  was  sold  at  auction,  on 
behalf  of  her  heirs,  to  John  Sharpe  for  7950  florin. — Records  of  New  Amster- 
dam, vol.  6,  pp.  232-233. 

'Captain  Johannes  Peterse  van  Brugh  (or  Verbrugge)  married  Catrina 
(or  Trijntje)  Roelofse,  daughter  of  Roelof  and  Anneke  Jans,  on  March  29, 
1658,  and  in  this  way  he  became  interested  in  Domine's  Hook.  He  was  one 
of  the  first  group  of  aldermen  of  New  York  City,  appointed  under  the  new 
form  of  government,  June  12,  1665,  and  was  an  alderman  at  the  time  of  the 
above  transaction.  Lovelace  also  appointed  him  one  of  the  "  Wees-Mastrs 
or  Guardians  of  Widdowes  and  Orphans  Estates,"  in  1671.  He  died  in 
1699. — General  Entries,  vol.  i,  p.  121;  vol.  4,  pp.  8,  53;  N.  Y.  Colonial  MSS., 
vol.  22,  p.  119;  Collections  of  N.  Y.  Hist.  Society,  1892,  pp.  89,  93;  Stouten- 
burgh.  Oyster  Bay,  pp.  691-692. 

4  Nicholas  Bayard,  surveyor  of  the  customs  hi  New  York,  who  had  been 
granted  letters  of  denization,  October  12,  1668. — Orders,  Warrants,  Letters, 
vol.  2,  p.  298;  N.  Y.  Colonial  Manuscripts,  vol.  22,  p.  53;  Court  of  Assizes, 
vol.  2,  p.  605.  As  vendue  master  he  had  sold  Dominie's  Hook,  on  February 
10,  1670,  to  John  Sharpe. — Records  of  New  Amsterdam,  vol.  6,  pp.  232-233. 
For  an  account  of  Nicholas  Bayard  and  the  Bayards  of  New  York,  see  [  Van 
Rensselaer,  Sarah].  Ancestral  Sketches  and  Records  of  Olden  Times.  New 
York,  1882,  pp.  35,  ft".,  65,  ft".;  also  Proceedings  of  Huguenot  Society  of  America, 
vol.  2,  pp.  27-57. 

6  Collateral  and  Illustrative  Documents,  No.  XXVIII. 


[De6c!°5]  Executive  Council  Minutes  63 

That  the  whole  Towne  have  Liberty  to  purchase  of  the 
Indyans  what  is  within  their  Patent,  but  not  to  debarr  any 
that  can  pay  their  Proportion,  or  have  Stocks;  The  Names 
of  those  that  make  Purchase  to  bee  return'd  to  the 
Governor./ 

The  House  in   Pearle-Street   being  forfeited  in  the  last  The  House 
Dutch  Warre,  is  Ordered  to  bee  sold.*  1 


Street  con- 
fiscate. 

[37]  At  a  Councell  in  ye  ffort  &c: 

Decemb.  5t.h  1670. 
Present 

The  Governor 
Mr  Mayo? 
Mr  Steenwijck 
The  Secretar 

The  Matter  under  Consideracon  was  a  Petition  from  ye  MrSharpe 
Heyres  of  Anna  Bogardus  2  about  the  Sale  of  Domine's  &  ye 
Hooke  at  an  Outcry,  to  Mr  Sharpe.  ^"  of 

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

Hee  relates  what  reasons  hee  had  given  formerly  to  Mr 
Mayor  Steenwijck,3  the  which  were  his  being  in  Drinke, 

lThe  reference  is  undoubtedly  to  the  tobacco  warehouse,  managed  by 
Augustine  Herrman  for  Peter  Gabry  and  Sons,  of  Amsterdam,  which  adjoined 
the  "  pack-buys  "  of  the  West  India  Company.  Both  houses  were  confis- 
cated in  1664,  at  the  time  of  the  surrender  of  New  Amsterdam.  Later  the 
tobacco  warehouse  was  occupied  by  Captain  William  Dyre,  collector  of  the 
port  of  New  York.  —  Innes.  New  Amsterdam  and  its  People,  pp.  52-53, 
54-55- 

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

1  Cornells  Steenwijck  or  Steenwyck  was  commissioned  mayor  of  New  York 
City  by  Governor  Nicolls,  on  August  14,  1668,  succeeding  Thomas  Willett's 
second  term,  and  was  continued  by  Governor  Lovelace,  on  August  14,  1669, 
to  hold  over  until  commissioned  anew,  on  October  9,  1669,  until  August  14, 
1670,  and  again  from  then  until  October  9,  1670,  when  he  was  succeeded  by 


64  Province  of  New  York 


&  without  Reason,  &  severall  Incumbrances  upon  the 
Estate,  tf1 

Mf  Bayard  2  as  Vendue  Mastr,  &  Cap*  Van  Brugh  wtb 
Wm  Bogardus3  appeare  for  themselves  &  the  rest  of  the 
Heyres. 

Mr  Sharpe  for  himselfe. 

Hee  alledges  the  Venditie  to  bee  annihilated  by  their 
Disposall  of,  or  Sale  of  the  Hay  to  severall  Persons. 

It's  referred  on  both  parts  to  bee  dicided  [sic]  by  the 
Governof  &  Councell. 

Thomas  Delavall,  who  had  already  served  a  term  as  mayor,  from  June  12, 
1666,  until  July  24,  1667.  Steenwijck  at  once  became  an  alderman.  Love- 
lace made  him  a  member  of  his  council,  on  November  22,  1670  (commission 
delivered  26th).  On  July  19,  1671,  Lovelace  was  obliged  to  go  to  Albany, 
being  called  there  by  "  Publique  Affaires  of  ye  Nation,"  and  appointed 
Steenwijck  "  to  take  ye  managery  of  such  Affaires  as  shall  happen  here  within 
ye  City  of  New  Yorke  or  places  adjacent,  and  then  to  heare  &  determine  as 
you  in  yor  best  wisdome  shall  conceive  requisite."  He  was  enjoined  from 
meddling  with  the  garrison,  which  was  under  Captain  Manning's  charge.  la 
city  affairs  he  was  to  advise  with  the  aldermen.  Steenwijck  was  confirmed, 
on  July  19,  1671,  as  one  of  the  "  Wees-Mastrs  or  Guardians  of  Widdowes  and 
Orphans  Estates."  After  his  death  his  widow,  Margareta  de  Riemer  or 
Reimers,  was  married  to  Rev.  Henricus  Selyns.  —  Court  of  Assizes,  vol.  2, 
pp.  409,  420,  421,  429,  571,  598,  619;  Orders,  Warrants,  Letters,  vol.  2,  pp. 
75,  161,  227;  General  Entries,  vol.  4,  pp.  8,  10;  N.  Y.  Colonial  Manuscripts, 
vol.  22,  p.  119;  New  Amsterdam  Records,  vol.  6,  pp.  315-316;  Collections  of 
N.  Y.  Hist.  Society,  1892,  pp.  168,  211;  ibid,  1893,  pp.  414-415,  444-445. 
There  is  a  sketch  of  him  in  Valentine's  Manual,  1864,  pp.  648,  ff. 

1  At  the  mayor's  court,  April  12,  1670,  Sharpe  replied  to  the  complaint  and 
said  that  "  if  the  owners  can  deliver  him  a  good  Title  to  the  s?  Land,  it  may 
be  that  their  monney  shal  be  reddy."  —  Records  of  New  Amsterdam,  vol.  6, 
p.  232. 

8  Nicholas  Bayard. 

•  William  Bogardus,  son  of  Rev.  Everardus  and  Anneke  (Jans)  Bogardus. 
On  June  18,   1668,  Governor  Nicolls  commissioned  him  a  "  Dutch  Public 
Notary  "  of  New  York  City  "  for  the  Conveniency  &  Good  of  the  Dutch  | 
Inhabitants  of  this  Citty  &  Governm*  as  well  as  for  Strangers  of  that  Nation  j 
who  may  arrive  here."     Governor  Lovelace  reappointed  him,  on  September 
10,  1668.     Bogardus  divorced  his  wife,  Weijntie  Cebrantz  or  Sibrants,  for  j 
adultery,  April  5,  1669,  and  on  May  i3th  of  that  year  was  licensed  to  marry  ! 
Walburga  de  Sille,  "  the  widow  of  ffrancis  Cregier  deceased."  —  Orders,  War- 
rants, Letters,  vol.  2,  pp.  211,  246,  369,  379,  408. 


Opposite  p.  65. 


ARTYKELEN, 


Van  V  ovcrf/tcn  van 


NIEU  W  -  NEDERLANDT, 


Op  den  17  Auguftij,  OudeStijl,  Anno  1664. 


Ymon  Gilde  van  Rarop,  Scbippcr  op  'tSchip  dc  Gideon  ,  komendc  van  de  Menaces  ,  of  Nicuw-Amftcrdam  ii 
Nitr\\-Nr.otM  ANDT  ,  rjportecrt  dat  Nituw-NcutRLANDT  ,  met  accoort  ,  fonder  ecnigbe  tegcnweer  den  8  Scp 
icmbcrNicmvc-StijI,  acn  dc  Engcllcn  is  ovcr-gegcvcn  ,  op  Condition  aU  volght: 


moom;onmlitftCrotrtiw/ti*ciufOntelit*  i 

to  j  rr  oin  W4  rt  bmwrtcn  /lin  fit 


I     i^aBinihrt  fjlHwBraftanrt  rnn(|r  pubftKhfanfcoftnijijnortJrn    mrrnimtM 
,  fct^Jim  ^  <ro  fcffc  oaha^li  •  ic  fcct aim  /  OTF  itf  gfj((9^xmlw&miQODrifdJfilui6c0r0« 


B^BBSs^B^piB.  *j^a^8seeK«sur^as8secaca: 

^s^£^i^f=^S!!«ssa=s 

YII.^  f-' ..-^-yj ir~'j~  '  — "— • rTirifiil^i 


1-  d.  Decker. 
N.Verict. 
Sam.  Me, 
Comelis 


RobbcrtCarr. 
George  Carrwright. 
John  VVmthrop. 
•&un.W.llcs. 
Tho.  Clarcks. 
JohnPhinchon. 

Ick«K*fcAn^*lcneoc 


RlCHAftDT   NlCOLK. 


ARTICLES  OF  THE  SURRENDER  OF  NEW  NETHERLAND. 
A  Dutch  Broadside,  probably  issued  in  Holland  as  a  Poster 
(Reduced  from  the  Original  in  the  New  York  Public  Library.) 


[Dec.7°i]  Executive  Council  Minutes  65 


Vpon  mature  Consideracon  had  hereupon,  Mr  Sharp 
having  confest  his  Error,  It  was  [38]  Ordered,  That  hee  pay 
back  to  Mr  Nicholas  Bayard  all  the  Pluck-Money  deliverd 
out  at  the  Sale,  &  also  the  Charges  then  expended  in  the 
House,  together  with  200  guildr.s  Damage  towards  the  loss 
susteyned  by  ye  Persons  who  expos'd  the  Land  to  Sale,  who 
have  hereby  Liberty  to  doe  what  they  think  good  therein 
for  their  best  Advantage,  either  by  a  new  Vendue  or 
otherwise.  * 

The  Pluck  Money  ^o  bee  p?  in  one  Month,  &  the  200 
guild1?  in  2  m?  after  Date  hereof./ 


At  ye  ffort.  before  ye  Governo? 
&  Councell,  &  MayoF  &  Aldermen. 
Decem:  21.  1670. 

The  Matter  under  Consideracon  is  ye  Reference  from  his 
R.  H.s  upon  ye  Peticon  of  Johannes  De  Decker.1 

The  Petition  &  Reference  read,  w4.h  ye  3d  Article  of  Sur- 
render mentioned  by  him.2 

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

[39]  Mijn  Heer  Stuijvesant 3  declares  that  hee  and  Mr 
Decker  had  Discourse  of  his  having  twenty  Negroes,  &  to 
bee  accomptable  to  the  W:  India  Company  for  the  Produce, 
but  knowes  not  of  their  Delivery. 

Resolved  Waldron  4  acknowledges  to  have  received  severall 

1  Collateral  and  Illustrative  Documents,  No.  XXVI. 

'The  third  article  of  surrender,  of  August  27,  1664,  was  as  follows:  "  All 
People  shall  still  continue  free  Denizens  and  enjoy  their  Lands,  Houses, 
Goods,  Shipps,  wheresoever  they  are  within  this  Country,  and  dispose  of 
them  as  they  please." — General  Entries,  vol.  i,  p.  23* 

» Petrus  Stuyvesant,  the  former  Director-General  of  New  Netherland. 

4  Waldron  resided  in  New  Harlem.  For  a  sketch  of  him  and  a  list  of  his 
descendants  see  Riker.  Revised  History  of  Harlem  (1904),  pp.  691-778. 

[5] 


66  Province  of  New  York  [D£7029] 

Negroes  of  Mr  Decker,  but  the  Number  hee  knowes  not, 
only  that  hee  took  ten  wth  him  up  to  Albany.^ 

Hee  urges  Negroes  to  bee  the  Generall  Name  of  Men  & 
Women,  &  cannot  tell  how  many  hee  had  of  the  one  or 
other  Sex.j 

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

It's  to  bee  taken  into  Consideration,  In  ye  meane  time  hee 
is  dismist. 

It  being  putt  to  the  Vote,  after  a  full  Hearing  and  Debate, 
It  was  Agreed  upon  (nemine  contradicente)  That  the 
Negroes  seiz'd  upon  by  Mr  Mayo1",1  by  ye  Governor.s  Order,2 
were  taken  as  belonging  to  the  West  India  Company,  &  noe 
way  as  the  Effects  of  Mr  De  Decker;  It  noe  way  appearing 
that  hee  had  possession  of  above  ten  of  the  20  Negroes  hee 
layes  Clayme  to. 

The  Order  hereupon  is  drawn  up,  &  Entred  at  large  in 
ye  3?  Booke  of  Entryes  (of  Dayly  Orders)  Pag:  287. — to 
wch  to  referr.3 

[40]  At  a  Councell  held  in  y6  ffbrt 
Decemfc:  29^  1670. 

Beforenoone. 
Pres* 

The  Governor 
Mr  Mayor 

Mr  Steenwijck 
The  Seer. 

» These  negroes  were  seized  by  Captain  Thomas  Delavall,  during  his  first 
mayoralty,  from  June  12,  1666,  until  July  24,  1667. — Collections  of  N.  Y. 
Hist.  Society,  1892,  pp.  82-83. 

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

» Collateral  and  Illustrative  Documents,  No.  XXVI. 


Uc.7°29]  Executive  Council  Minutes  67 


Matters  under  Consideracon. 

About  M-r  Deckers  prtences  for  Land  upon  Staten  Island, 
for  wch  hee  hath  a  Ground  briefe.1 

It  is  consented  unto,  that  hee  shall  have  the  Benefitt 
thereof,  Provided  that  it  bee  noe  prjudice  to  the  Towne 
already  settled,  wch  if  it  shall  soe  happen  to  bee,  then  hee 
shall  have  ye  like  quantity  laid  out  in  some  other  Place  by  ye 
Governor,2  hee  being  obliged  to  settle  the  same  in  one  yeares 

Time. 

• 

That  in  regard  of  ye  paines  &  trouble  the  s?  Mr  Decker 
hath  taken  in  coming  out  of  Europe  hither,  the  Governor 
is  willing  to  gratify  him  herein,  although  in  strictness  his 
Right  is  Elapsed. 

About  Mr  Mulfords  3  Letter  concerning  ye  Confirmacon 
of  the  Indyans  Deed  of  Sale  [41]  &  the  Sachem  Elected  by 
them,  It  is  Ordered  That  a  Commission  of  Confirmacon 
bee  sent  to  ye  Sachem,  and  two  Constables  Staves  fitted 
for  them  according  to  the  Request;  4  And  ye  Deed  of  Sale 
confirmed.5 

That  a  Lett1"  bee  written  to  Southampton  to  restrayne  the 
selling  of  Strong  Liquor  to  the  Indyans,  and  that  thePenaltyes 
in  the  Lawes  bee  putt  in  Execution.6 

In  answer  to  that  part  of  Mr  Mulfords  &  Mr  James's 
Letter  about  Confirmation  of  their  Deed  from  the  Governor; 
It  is  Ordered  that  a  Lettr  bee  sent  to  ye  Com"1*  for  y6  Indyan 
Affaires,  who  are  to  examine  into  the  Equity  of  the  Busy- 
nesse,  &  to  make  Report  thereof  unto  the  Governor 7 

1  Collateral  and  Illustrative  Documents,  No.  XXVI. 

*  Lovelace. 

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

« Collateral  and  Illustrative  Documents,  No.  XXIX. 

'/Wd. 

•Ibid. 

'Ibid. 


68  Province  of  New  York  \j£\  J 


Afternoone 

Jn°  Coopers  Peticon  taken  into  Consideracon  about  the 
Indyans  Assisting  in  Whaling  &c: 1 

The  Ord.r  of  ye  Comnr.s  to  bee  confirmed  &  observed. 

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

That  for  y6  present,  it  is  not  found  practicable  soe  ye 
Consideracon  thereof  is  to  bee  respited  to  another 
time. 

[42]  The  Papers  deliver' d  in  Co1?  of  Sessions  from  the 
Townes  of  flushing,  Hempstead,  &  Jamaica  taken  into 
Consideracon.2 

The  Opinion  of  ye  Justices  of  ye  Peace  hereupon,  to  bee 
drawn  up  by  To-morrow  Morning,  &  an  Order  from  ye 
Governor  &  Councell  concerning  the  sa.me.ff 

At  a  Councell  held  in  ye  ffort 

Janr.y  il^  1670. 
Pres* 

The  Governor. 
Mr  Mayor 
Mr  Steenwijck 
The  Secretar. 

» Collateral  and  Illustrative  Documents,  No.  XXIX. 

1  Collateral  and  Illustrative  Documents,  No.  XXX.  The  general  court  of 
assizes,  of  October,  1670,  had  promulgated  the  following  order:  "  Whereas 
ye  Works  &  Pallisadoes  about  the  fforte  hi  this  City  are  very  much  fallen  to 
decay,  &  it  is  found  requisite  &  necessary  for  ye  safety  of  the  place  &  Governm* 
that  some  Reparations  shall  be  made  thereupon  in  the  Spring,  It  is  ordered 
that  a  Contribution  or  Levy  be  raisd  towards  the  effecting  thereof  hi  each 
of  the  Rideings  upon  Long  Island;  &  the  Justices  of  the  peace  at  ye  next 
Court  of  Sessions  are  to  consider  both  of  the  proportion  &  manner  of  rateing 
it,  whereof  they  are  to  make  Report  to  the  Governour." — N.  Y.  Colonial 
MSS.,  vol.  22,  p.  107. 


».7  ij  Executive  Council  Minutes  69 


The  Matt?  between  Rich?  Smith    &    Huntington, 
Persons  coming  from  Huntington  about  their  Bills  of  Charges  ^  plott  & 
first  considered  of,  declaring  not  to  have  received  the  Copies  ian 
of  the  Orders  sent  them. 

The  Ordr?  made  hereupon  were  read.  To  bee  con- 
sidered of.1 

[43]  The  Inferiour  Offic1?  &  Souldyers  Peticon  for  Lands 
at  Staten  Island.2 

The  first  Condicons  read,  wth  ye  Petition  of  10  or  II,  who 
'  had  a  Reference  upon  their  Peticon  from  Colt:  Ni  colls.  a 

Two  Peticons  to  ye  Governor  now  present  read. 

Those  that  are  capable  to  settle,  to  consider  amongst 
themselves  how  many  of  them  are  soe,  &  to  propose  how  they 
will  proceed  to  manure  the  Land  they  expect. 

The  Surveyor  to  bee  consulted  w*.h 

Seatalcott  Busynesse,  M.r  Lane  3  appeares  for  them. 

Its  desired  to  have  Liberty  to  Purchase  for  n  of  them 
at  ye  South,  for  ye  Convenience  of  the  Whale-fishing,  & 
for  ye  Meadow.4 

Mr  Lane  makes  Proposall  for  to  have  Liberty  for  himselfe 
&  Mr  Woodhull  to  purchase  &  settle  two  ffarmes  at  the 
Wading  Place.5 

1  Collateral  and  Illustrative  Documents,  No.  XXV. 

•  Collateral  and  Illustrative  Documents,  No.  XXXI. 

«  Daniel  Lane. 

1  Collateral  and  Illustrative  Documents,  No.  XXVIII. 

8  Collateral  and  Illustrative  Documents,  No.  XXVIII.  At  a  town  meeting, 
November  17,  1671,  it  was  voted  "  that  there  shall  be  a  Village  at  the  Wade- 
ing  River,  or  there  abouts,  of  Eight  famelies  or  Eight  men,  to  have  accom- 
modations as  the  place  will  afford,  it  was  granted  and  agreed  upon  by  a  vote, 
that  Daniel  Lane,  Junr,  shall  have  a  Lotment  at  the  Wadeing  River,  con- 
venient to  the  water  for  his  calling."—  Brookhaven  Town  Records,  vol.  I, 
p.  29.  On  November  23,  1675,  the  town  voted  and  gave  to  Richard  Wood- 
hull  "a  farm  at  the  Waeding  [sic]  River,  that  is  to  say,  tenn  akers  of  upland, 
where  is  most  convenient  to  sett  a  house  of,  and  threescore  and  tenn  akers 
mor  of  upland,  where  the  said  mr.  Richard  wodhull  shall  chuse  it,"  etc.  This 
gift  was  in  consideration  of  an  assignment  of  Indian  land  through  Woodhull 
to  the  town.  —  Ibid,  pp.  44-46. 


yo  Province  of  New  York 


To  the  first  Proposall,  That  it  bee  granted  that  they  have 
Liberty  to  purchase  of  the  Indyans,  after  which  they  shall 
have  soe  many  Acres  as  is  desired,  for  an  Encouragem*  of 
Planting,  &  the  Whale-fishing;  Soe  that  it  doe  not  debarr 
the  Towne  from  Commonage  nor  the  Meadow  each  Lott 
hath  [44]  at  the  South. 

To  ye  2?  That  they  bee  Gratifyed  therein  for  their  own 
Accomodacon,  &  for  the  Reliefe  of  Strangers  passing  that 
way,  they  paying  for  it,  &  keeping  an  Ordinary. 

A  Copie  of  Huntingtons  Bill  of  Charges  against  Smith  to 
bee  sent  to  Mr  Wells,  &  hee  to  returne  Answer  what  is 
usuall  to  bee  allowed  upon  such  Occasions.1 

At  a  Councell  &c:  Fort  James. 

ffebr.y  24*.h  1670. 
Present 

The  Governor 
Mr  Mayor 
Mr  Steenwijck 
The  Secretary. 

The  first  Busynesse  under  Consideracon  was  the  Indyans 
about  Wijckerscreeke.j  2 

The  Indyans  desire  that  ye  Governor  would  bee  well 
satisfyed,  who  are  the  reall  Proprietor.s  of  Wijckerscreeke 
before  hee  buyes  the  Land;  They  say  they  are  the  Men,  & 
will  bee  ready  to  sell  the  Land  to  the  Governor 

1  Collateral  and  Illustrative  Documents,  No.  XXV. 

2  A  corruption  for  an  Indian  place-name  of  which  there  are  many  orthog- 
raphies, but  preferably  Wickquaskeck  or  Weckquaeskeck.     It  was  the  name 
applied  to  the  territorial  jurisdiction  of  a  clan  of  Indians  in  Westchester 
County,  whose  principal  village  was  on  the  headwaters  or  tributaries  of 
Armonck  or  Byram's  River. —  Ruttenber.  Indian  Geographical  Names,  pp. 
24-25,  in  "  Proceedings  "  of  New  York  State  Hist.  Association,  vol.  6;  Beau- 
champ.  Aboriginal  Place  Names  of  New  York.  Albany,  1907,  p.  256. 


[Feb.7Lj  Executive  Council  Minutes  71 


[45]    The  Names  of  ye  Proprietor   as  they  say,   are  — 

present. —  Ramaque  —  Janorockets  Bro:  by  ye  Moth1?  side./ 
Pewachtan  Cakensickten 

Nondiackwhare      Pemeckenwerecak 
Careckonde  Nemandamyn 

Coharnes  Perawescamen 

Kewechtahem         Shapham 
Pethung  Quinonckak 

Macmawito  Ermachorne 

Amanequun  Peppham 

IO.  Sackapreme.  Mawohondt 

Tomeackak 

Tawotene 
Nanaquene 
13.    Chusquchaw  * 


N:  Bene.  Taponque  an  Indyan  pres*  saith  hee  hath 
Land  between  Neperan  2  &  Wickerscreeke. 

They  are  to  consult  about  ye  price  they  demand  altogether; 
It's  in  the  Paper  N?  I. 

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

1  The  great  variation  of  Indian  names  in  the  records,  due  to  phonetic  repre- 
sentation, is  often  appalling.  For  example,  we  find  above  in  the  minutes 
"  Janorocket;  "  in  Deeds,  vol.  3,  p.  37,  "  Jano  Rockett;  "  an  Indian  deed  to 
Edward  Jessup  and  John  Richardson,  March  12,  1664/5,  m  Deeds,  vol.  2, 
pp.  58-59,  calls  him  "  Shawnerockett,"  whilst  Bolton.  History  of  the  County 
ofWestchester  (1881  edition),  vol.  2,  p.  361,  names  him  Shanarocke  or  Shana- 
rockwell,  sagamore  of  Poningoe.  These  are  by  no  means  the  only  forms 
given  for  this  Indian. 

'Sawmill  Creek,  Westchester  County.  There  are  many  corrupt  forms  of 
the  Indian  name,  as  Nepera,  Neperan,  Neperhan,  Neppiran,  Niperan,  etc. 
See  Ruttenber.  Indian  Geographical  Names,  p.  23,  in  "  Proceedings "  of 
N.  Y.  State  Hist.  Ass'n,  vol.  6;  Beauchamp.  Aboriginal  Place  Names  of 
New  York,  p.  249.  The  name  was  also  applied,  as  Nepperhaem,  to  Vander 
Donck's  patent  of  Colen  Donck  (Yonkers). 


72  Province  of  New  York  [rib.71*] 

To  the  3?  That  Mr  Bridges  1  &  his  Wife  bee  forthwith 
invested  in  the  Estate  at  Newtowne  lately  in  the  tenure  of 
John  Cockram,  in  Satisfaction  of  the  Morgage  they  have 
thereupon,  Provided  That  payment  bee  made  of  a  certaine 
[46]  Summe  of  Money  due  by  Judgment  to  John  Sharpe 

An  Ordr     j.from  tne  said  Cockram  without  Interest  within  ye  space  of 
hereupon.    )  . 

nine  Months  next  ensueing  the  Date  hereof,  or  by  ye  end  of 
November.2 

An  Ordr  To  ye  4^  That  EleazF  Leveradge  doe  pay  or  cause  to  bee 
paid  unto  Rebeckah  Wright  from  whom  hee  is  divorced 
the  Sume  of  twenty  five  pounds  in  living  Cattle  to  bee 
apprized  by  Indifferent  Men,  or  in  Corne,  Beefe,  or  Porke 
at  price  currant,  in  lieu  of  what  shee  brought  to  him  at 
their  Marriage.^  3 

1  Charles  Bridges,  who  had  come  over  from  Canterbury,  England,  and  had 
taken  an  active  part  in  the  Dutch  administrative  affairs  of  Curacoa  and  New 
Netherland,  even  changing  his  name  for  a  time  to  Car  el  van  Brugge  or  ver 
Brugge.     His  wife  was  Sarah  Cornell,  daughter  of  Thomas  Cornell,  of  Cornell's 
Neck.     She  was  the  widow  of  Colonel  Thomas  Willet  when  Bridges  married 
her  in  November,  1647.     After  the  death  of  Bridges  she  was  married  a  third 
time,  to  John  Lawrence,  Jr.,  of  Flushing.     Bridges  and  his  wife  succeeded 
in  a  suit  against  Thomas  Pell,  at  the  court  of  assizes,  on  September  29,  1665, 
for  possession  of  the  land  on  Cornell's  Neck,  from  which  Thomas  Cornell 
had  been  driven  "  by  the  barbarous  violence  of  the  Indians,  who  Burnt  his 
House  and  Goods,  and  destroyed  his  Cattle." —  Innes.    New  Amsterdam  and 
its  People,  pp.  194-195;  General  Entries,  vol.  i,  p.  155;  Court  of  Assizes,  vol.  2, 
pp.  15-18;  Collections  of  N.  Y.  Hist.  Society,  1892,  pp.  118-119. 

2  Collateral  and  Illustrative  Documents,  No.  XXXII.    John  Cockram  settled 
at  Newtown,  L.  I.,  about  1657.     He  was  licensed  in  1667  to  marry  Elizabeth 
Sawtell,  also  of  Newtown.     This  license  is  entered  twice,  on  January  29th 
and  on  February  2d.     When  his  estate  was  seized  for  debt,  Henry  Sawtell, 
of  Newtown,  entered  a  claim  against  it  for  oxen  which  Cockram  had  sold  to 
Bridges,  and  "  other  particulars  "  in  Sawtell's  petition  were  referred  to  the 
constable  and  overseers  of  Newtown  by  the  court  of  assizes  for  report  to  the 
governor.     The  local  officials  having  neglected  this  duty,  Lovelace  issued 
forth  another  order  on  the  subject,  October  18,  1671. — Court  of  Assizes,  vol.  2, 
pp.  64,  284;    Orders,  Warrants,  Letters,  vol.  2,  pp.   115,   134,  369;  General 
Entries,  vol.  4,  p.  54. 

*  Collateral  and  Illustrative  Documents,  No.  XVI. 


[Feb6724]  Executive  Council  Minutes  73 

To  ye  6^  ye  Towne  to  pay  ye  first,  &  the  Countrey  Rates  An  Ordr 
ye  last. —  Cap*  Seamans.1 

To  ye  7fc.h  About  Estienne  Gaigneau,  That  Jacques  Guijan  An  Ord? 
bring  his  pretences  here,  when  it  shall  bee  determined.2 

To  ye  Peticon  of  Peter  Stantenburgh,3  Jan  Vigne  &c: 

They  are  to  bring  in  an  Estimate  of  what  that  Land  first 
cost  them,  &  make  it  appeare  what  they  paid,  whereupon 
Consideration  will  bee  had  thereof.4 

In  Answf  to  ye  Peticon  of  Jacobus  and  Cornelia  Loper,5 
It  is  not  thought  fitt  to  [47]  unravell  into  Transactions  soe 


*  Collateral  and  Illustrative  Documents,  No.  XXXIII.  Captain  John  Sea- 
man, Sr.,  came  from  the  eastern  end  of  Long  Island  to  Hempstead,  to  settle 
a  tract  of  over  twelve  thousand  acres,  at  what  afterwards  became  the  eastern 
boundary  of  the  Hempstead  purchase.  He  was  chosen  a  magistrate  of  the 
town  in  December,  1656,  and  held  other  posts.  His  will,  dated  August  5, 
1694,  names  his  wife,  Martha.  The  name  of  his  first  wife  is  uncertain.  His 
second  wife  was  Maria  More,  daughter  of  Thomas  More,  of  Southold,  and 
it  was  she  who  survived  him. —  Hempstead  Town  Records,  vol.  i,  pp.  8,  16; 
Deeds,  vol.  2,  p.  173;  Collections  of  N.  Y.  Historical  Society,  1892,  pp.  249-251; 
N.  Y.  Gen.andBiog.  Record,  vol.  11,  pp.  149,  ff.;  Onderdonk.  Annals  of 
Hempstead,  pp.  16,  ff.  See  also  Biog.  and  Gen.  Record  of  Captain  John 
Seaman,  by  Selah  D.  Seaman,  N.  Y.,  1881. 

'Collateral  and  Illustrative  Documents,  No.  XXXIV.  Jacques  Guyon 
(also  spelled  Guyen,  Guyan)  was  a  planter  of  Staten  Island.  His  will  was 
proved  in  December,  1694,  and  his  widow,  Sarah  Cosier,  had  letters  of  admin- 
istration granted  to  her. — Collections  of  N.  Y.  Historical  Society,  1892,  pp. 
246,  464.  See  also  Clute.  Annals  of  Staten  Island,  p.  386;  Bayles.  Hist,  of 
Richmond  County,  pp.  540-541. 

1  Pieter  Stoutenburgh,  who  lived  in  Broadway  above  Wall  Street,  New 
York  City.  He  had  married  hi  New  Amsterdam,  Aef je  or  Afegy  van  Tien- 
hoven,  on  July  25,  1649.  He  died  on  March  9,  1698/99. —  Stoutenburgh. 
Oyster  Bay,  pp.  522,  523;  Records  of  R.  D.  Church,  Marriages,  p.  15. 

•On  July  12,  1670,  Petrus  Stuyvesant  petitioned  the  court  "  that  he  is 
abridged  in  the  execution  of  some  of  his  lands  from  the  public  fence;  "  and 
on  February  28,  1670/71,  the  court  appointed  Stoutenburgh,  Vigne  and 
Jacob  Kipp  to  inspect  the  matter  and  decide  thereon. —  Stoutenburgh. 
Oyster  Bay,  p.  523;  Records  of  New  Amsterdam,  vol.  6,  p.  285. 

1  It  may  be  this  case  relates  to  the  claims  of  Melyn's  descendants  to  Staten 
Island  lands.  There  was  a  Jacobus  Looper  who  died  in  the  public  service  at 
Albany  and  whose  widow,  Neelcye  or  Cornelia,  petitioned,  on  February  15, 
1684,  that  she  might  be  spared  molestation  on  account  of  her  late  husband's 
debts.— N.  Y.  Colonial  MSS.,  vol.  31,  p.  114. 


74  Province  of  New  York  [re1?.7*] 

long  since  past,    &  before  these  parts  were  redact  to  his 
An  Ordr  \   Ma*.68  Obedience,  for  that  if  their   pretences   were   equit- 
able, they  had  time  enough  to  make  their  Right  appeare 
heretofore. 

Delaware  to  bee  respited  till  Cap^  Carrs  Arrivall,  In 
mean  time  a  Lett?  to  bee  written  &  sent  by  Peter  Rambo.1 
A:  Wright.  Vpon  ye  Request  of  Anthony  Wright  that  hee  may  have 
Letters  of  Administration  upon  the  Estate  of  Samuel  Mayo 
deceased,2  wch  can  bee  found  at  Oysterbay,  hee  being  a 
Creditor,  &  the  only  person  that  hath  sued  for  the  same, 
It  is  Ordered,  That  hee  have  forthwith  Letters  of  Adminis- 
tracon, but  withall  that  hee  make  his  Debt  appeare  at  ye 
next  Co?  of  Sessions  to  bee  held  for  that  Riding. 

By  Ordf  &c: 

^n  Orc^  thereupon  as  followeth  — 

Vpon  a  Request  from  some  of  ye  Inhabit*8  of  Gravesend, 
that  there  might  bee  an  Endorsm*  on  their  Gen*?1  Patent 3  of 

1  Collateral  and  Illustrative  Documents,  No.  XXXV.  Lovelace's  letter  of 
November  16,  1670,  inviting  Carr  to  visit  him  at  the  termination  of  winter, 
is  in  Court  of  Assizes,  vol.  2,  pp.  611-612. 

'Samuel  Mayo  and  other  Englishmen  from  Sandwich,  purchased  lands  at 
Oyster  Bay  from  the  sachem  of  the  Matinicock  Indians.  See  Deeds,  vol.  2, 
pp.  102-106,  219;  Brodhead.  History  of  N.  Y.,  vol.  i,  p.  595.  Anthony 
Wright's  will,  dated  May  20,  1673  (proved  December  8,  1680),  mentions  his 
brother,  Nicholas  Wright.  The  subject  in  the  council  minutes  is  more  par- 
ticularly given  as  follows:  "  Whereas  Sam1  Mayo  (or  Majo)  who  had  some- 
time an  estate  in  Oyster  Bay,  did  leave  a  lot  of  land  he  had  there  in  the  hands 
of  Anthony  Wright,  as  security  for  a  sum  of  money  and  is  since  deceased 
intestate.  And  the  said  Anthony  Wright  hath  made  no  improvements, 
although  it  hath  been  in  his  hands  severall  yearns,  as  no  legal  conveyance  has 
been  made  to  him,  and  he  is  the  only  creditor  t<~  the  deceased  hi  these  parts," 
therefore,  letters  of  administration  were  given  to  him. — Collections  of  N.  Y. 
Historical  Society,  1892,  pp.  15,  105,  124. 

•Director  General  Kieft  gave  a  patent,  on  December  19,  1645,  for  the 
bounds  of  Gravesend,  and  Governor  Nicolls  confirmed  this  patent  hi  1667,  to 
Thomas  Delavall,  James  Hubbard,  William  Bowne,  John  Tilton  and  William 
Goulding  as  patentees  for  themselves  and  their  associates.  It  included  the 
now  famous  resort  of  Coney  Island  as  a  grazing  place.  The  land  formerly 
in  the  tenure  of  Anthony  Johnson  and  Robert  Pennoyer  formed  the  western 


Executive  Council  Minutes  75 


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

By  Ordr  &c: 

[48]  His  Busyness  recommended  to  M.r  Coe8    to  make  Joseph 

Report     jf    it.  Thurston.3 

That  hee  have  power  to  Arrest  &  Attach  upon  the  River.4  Haven 

Mastr 

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

1  Pennoyer  was  now  settled  at  Mamaroneck,  where  he  had  been  appointed 
as  constable  by  Governor  Nicolls,  on  February  13,  1666-7.  His  daughter, 
Elizabeth,  and  Richard  Lownesberry  were  granted  a  marriage  license  hi 
August,  1670.  The  dispute  over  title  to  Pennoyer's  land  adjoining  Gravesend 
had  been  referred  to  the  court  of  assizes,  on  September  18,  1666. — Orders, 
Warrants,  Letters,  vol.  2,  pp.  100,  130;  Court  of  Assizes,  vol.  2,  pp.  572,  580; 
General  Entries,  vol.  4,  p.  92.  For  sketch  of  him  see  Bergen.  Kings  County 
Settlers,  pp.  222-223. 

*  Robert  Coe,  of  Jamaica.  Lovelace  had  appointed  him  a  justice  of  peace, 
on  October  28,  1668,  in  the  North  Riding  of  Yorkshire,  to  represent  Jamaica. 
He  had  also  commissioned  him  to  be  high  sheriff  of  Yorkshire  for  one  year, 
from  June  10,  1669,  hi  succession  to  William  Wells,  and  reappointed  him  for 
another  year,  on  June  18,  1670. — Orders,  Warrants,  Letters,  vol.  2,  pp.  272, 
432;  Caurt  of  Assizes,  vol.  2,  p.  554.  See  sketch  in  Record  of  the  Coe  Family. 
New  York,  1856,  pp.  3-5. 

'Joseph  Thurston,  of  Jamaica,  L.  I.,  married  the  widow  of  Thomas  Foster, 
of  the  same  place.  Foster  had  died  in  1663,  and  on  August  5,  1671,  Thurston 
and  his  wife  were  confirmed  as  executors  of  Foster's  estate.  This  is  appar- 
ently the  business  which  Thurston  had  brought  before  the  council. — Collec- 
tions of  N.  Y.  Hist.  Society,  1892,  pp.  19,  24.  See  also  Thurston  Genealogies, 
second  edition.  Portland,  Me.,  1892,  p.  361. 

4  Collateral  and  Illustrative  Documents,  No.  XXXVII.  Philip  Johns  was 
haven  master  of  New  York  City,  where  he  resided.  He  had  been  originally 
commissioned  by  Governor  Nicolls,  on  April  3,  1665,  and  was  continued  in 
that  office  under  Lovelace.  His  duties  are  hi  part  described  in  an  order  of 
May  27,  1670.  They  were,  to  call  upon  all  masters  of  ships  or  vessels  coming 
into  the  port  of  New  York,  for  whatever  letters  they  brought  in,  of  which  he 
was  to  make  a  list  and  give  a  copy  thereof  to  Pieter  Schafbanke,  one  of  the 
mayor's  officers,  who  in  turn  was  required  to  give  immediate  notice  to  all 


76  Province  of  New  York  kijj'aj 

An  Ordr  thereupon  as  followeth. 

It  being  taken  into  Consideracon  whither  properly  the 
Sheriffe  of  this  City  hath  Power  to  lay  Arrest  or  Attachmt 
upon  any  Person,  Goods,  or  Vessell  upon  the  River  or  in 
this  Harbo?,  &  it  being  not  found  practized  in  other  parts, 
It  was  this  day  Ordered,  That  henceforth,  that  is  to  say, 
from  &  after  the  Date  hereof  the  Haven  Mast?"  for  the  time 
being  having  Warrant  from  the  Mayor  or  in  his  Absence 
from  the  Deputy  MayoF  of  this  City,  the  wch  is  returnable 
at  the  next  Court,  have  only  Authority  to  Arrest  or  Attach 
any  Person  Goods,  or  Vessells  upon  the  River,  or  in  this 
Harbour,  for  the  wch  hee  is  to  take  such  moderate  ffees  as 
the  Court  shall  adjudge. 

.     By  Order  &c: 


Vpon  ye  Request  of  Cap!'  W™  Laurence  l  of  flushing,  That 
hee  may  have  a  Patent  of  his  Land  where  hee  lives  with  an 
Addition  of  [49]  a  piece  of  Swampy  Meadow  Ground, 
lyeing  within  that  Neck  lately  consented  to  bee  given  him  by 
many  of  the  Inhabit*?  of  the  Towne,  It  is  Ordered,  That  the 
majof  part  of  ye  Inhabitants  who  have  Priveledge  to  give 
their  Votes,  are  contented  therewth,  That  the  said  Cap? 
Laurence  have  forthwth  a  Patent  according  to  his  Request. 

By  Ordr  &c: 

persons  concerned.  Johns  died  intestate  and  his  widow,  Mary  Hay,  was 
appointed  his  administratrix,  on  April  15,  1675.  —  Deeds,  vol.  3,  pp.  109-110; 
Court  of  Assizes,  vol.  2,  pp.  434,  538;  General  Entries,  vol.  4,  p.  94;  Collections 
of  N.  Y.  Hist.  Society,  1892,  p.  29;  Records  of  R.  D.  Church,  Marriages,  p.  33, 
showing  marriage  record  of  August  28,  1668. 

1  Captain  William  Laurence  (also  Lawrence  hi  the  records)  was  a  brother 
of  John  Laurence,  mayor  of  New  York  City.  On  February  15,  1670/1, 
Richard  Cornell,  Elias  Doughty  and  others,  in  all  about  twenty-four  of  his 
neighbors  at  Flushing,  gave  their  consent  that  he  should  have  common  land 
on  "  the  neacke  of  [land]  weer  hee  Hues,"  it  being  of  "  lettell  ore  noe  beneffett 
toe  the  inhabettantes,"  being  "  lande  uncapabell  of  manewering."  This  was 
the  land  patented  to  him.  —  N.  Y.  Colonial  Manuscripts,  vol.  22,  p.  in. 


krt.71aj  Executive  Council  Minutes  77 


An  Ordr  as  followeth.  JMT  Charles 

WHEREAS  Mr  Charles  Bridges  of  flushing  &  Sarah  his  1B™iges- 
Wife  have  had  p'tences  upon  ye  Estate  &  Land  of  John 
Cockram  late  of  Newtowne  ats  Middleborough,  by  vertue 
of  a  Mortgage  thereupon,  the  wch  hath  this  day  been  taken 
into  Consideration,  It  is  Ordered,  That  ye  said  Charles 
Bridges  &  Sarah  his  Wife  bee  forthwith  invested  &  putt 
into  possession  of  ye  prmisses,  in  satisfaction  of  their  Mor- 
gage,  the  particulars  of  wch  they  are  to  give  Acco*  of  at  ye 
next  Co?  of  Sessions;  Provided  likewise  that  payment  bee 
made  out  of  the  said  Estate  of  a  certaine  Sufne  of  Money 
to  John  Sharpe  of  this  City  or  his  Assignes  without  Interest, 
for  the  wch  Judgment  hath  past  in  ye  Court  of  Sessions  at 
Gravesend,  &  that  within  ye  space  of  9  m?  after  y6  Date 
hereof,  the  paym*  to  bee  made  in  good  pay  by  ye  Apprizem*  of 
indifferent  persons./ 

By  OrdF  &c:' 

[50]  An  Ordr  as  followeth.  Capt  jno 

Vpon  ye  perusall  of  two  Bills  brought  in  by  Cap?  John  Seamans. 

Laurence  was  fined  by  the  court  of  assizes,  on  October  i,  1666,  ordered  to 
acknowledge  his  fault  before  the  court  and  to  apologize  in  town  meeting  of 
Flushing  "  for  speaking  seditious  words  against  the  Government,  and  also 
for  resisting  and  Assaulting  the  Constable,  in  the  Execucon  of  his  Office." 
He  acknowledged  his  error  to  the  court  on  December  18,  1666.  Laurence  was 
a  justice  of  peace  in  the  North  Riding  of  Yorkshire.  He  married  twice,  the 
second  time  in  March,  1664/5,  Elizabeth  Smith,  oldest  daughter  of  Richard 
Smith,  the  patentee  of  Smithtown,  by  whom  he  had  seven  children.  He  died 
intestate  in  1680,  "  leaving  a  considerable  estate,"  at  Tews  Neck  in  Flushing, 
and  otherwise,  for  which  his  widow  was  appointed  administratrix,  on  March 
25,  1680.  The  following  year  she  was  married  to  Governor  Philip  Carteret, 
of  New  Jersey,  who  died  in  1682,  and  she  was  married  a  third  time,  to  Colonel 
Richard  Townley.  Laurence's  daughter,  Elizabeth,  and  Thomas  Stevens,  of 
Newtown,  were  granted  a  marriage  license,  on  February  i,  1672/3. — Court 
of  Assizes,  vol.  2,  pp.  84,  94;  General  Entries,  vol.  i,  pp.  98,  251;  Collections 
of  N.  Y.  Hist.  Society,  1892,  pp.  66,  108;  Pelletreau.  Records  of  the  Town  of 
Smithtown,  pp.  480-481;  Historical  Genealogy  of  the  Lawrence  Family.  New 
York,  1858,  pp.  23-24,  28-30,  135-139.  H5.  I49-I5I.  i55-!56. 
1  Collateral  and  Illustrative  Documents,  No.  XXXII. 


78  Province  of  New  York 


Seamans,  the  one  for  Worke,  done  by  him  in  ye  Month 
of  March  1664,  against  ye  Generall  Meeting  at  Hemp- 
stead  for  ye  Towne  being — itt:  i88:  oo*.  the  other  by 
ye  late  Governo1?  Ordr.s  about  ye  Race-Posts  —  being  — 

19'; 

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

By  Ordr  &c: 1 

Capt    sil- 1  An  Ordr 

bury  ^j  The  Peticon  of  Cap*  Silvestr  Salisbury  being  taken  into 
Consideration,  In  the  latter  Clause  whereof  hee  desires  a 
Hearing  before  ye  Governor  &  Councell  concerning  a 
certaine  difference  between  him  &  ffredrick  Gijsberts,2 
It  is  Orderd,  That  his  Attorney  doe  appeare  at  ye  next 
Meeting  of  the  Councell;  &  that  likewise  Notice  bee  given  to 
ffredrick  Gijsbert  that  hee  attend  at  the  same  time  when 
both  Partyes  shall  bee  heard. 

By  Ordr  &c: 
Mr  Mayof 3  to  consider  of  ye  ffence.^ 


[51]  At  a  Councell  held  at 
ffort  James  ye  S^  Mar:  1670. 
Pres* 

The  Governar 
Mr  Mayor 
Mr  Steenwijck. 
The  Secretary. 

1  Collateral  and  Illustrative  Documents,  No.  XXXIII.  The  work  performed 
by  him  in  March,  1664,  was  evidently  in  connection  with  the  boundary  claims 
of  Hempstead,  for  which  see  Deeds,  vol.  2,  pp.  3,  5. 

•  Collateral  and  Illustrative  Documents,  No.  XXXVIII. 

» Thomas  Delavall  was  then  mayor  of  New  York  City. 


[iiJE's]  Executive  Council  Minutes  79 

The  Matt1?  under  Consideration. 

Mr  Doughty,  on  y6  behalfe  of  ye  Ordr  of  ye  last  Councell 
concerning  ye  Estate  of  John  Cockram  to  bee  made  over  to 
Mr  Bridges  &  his  Wife;  Mr  Elyas  Doughty  having  bought 
their  Interest  desires  an  Explanation  of  the  latter  end  of  the 
Order. 

Mr  Doughty  is  to  bee  invested  as  Charles  Bridges,  per- 
forming ye  same  Conditions  by  an  Order.1 

Mr  Heggemans  Businesse  taken  into  Consideration;  It's 
about  Money  borrowed  to  build  the  Domine's  House  at 
Breuklyn;  Mr  Heggemans  then  Schout.2 

It  is  Ordered,  That  an  Acco*  bee  given  of  the  Charge  of 
the  Building;  Whereupon  those  that  are  behinde  in  pay- 
ment of  their  proportion  shall  bee  obliged  by  an  Ordr  to 
[52]  make  Satisfaction  thereof;  The  Constable  &  Over- 
seers to  receive  Ordr  about  it.3  a 

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

Huntington  Businesse  to  bee  respited,    &  that  also  the 

'  Collateral  and  Illustrative  Documents,  No.  XXXII. 

1  Adrian  Heggeman,  who  resided  at  Flatbush,  succeeded  Pieter  Tonneman 
as  schout  of  Brooklyn  in  1660.  Lovelace  commissioned  him,  on  April  15, 
1670,  as  vendue  master  of  the  five  Dutch  towns  on  Long  Island,  and  he  had 
been  "  heretofore  imployed  in  that  affayre  by  ye  neighbourhood  "  where  he 
lived,  namely  Flatbush.  He  was  authorized  "  to  Expose  to  publique  Sale 
any  Lands  houses  or  goods  w°h  are  to  be  sould  wthin  ye  Townes  aforesaid." 
He  was  succeeded  as  vendue  master,  on  March  17,  1672/3,  by  Jacques  Cortel- 
you,  of  New  Utrecht. —  Brodhead.  Hist,  of  N.  Y.t  vol.  i,  p.  580;  Court  of 
Assizes,  vol.  2,  p.  508;  General  Entries,  vol.  4,  pp.  100,  270.  For  a  sketch 
see  Bergen.  Kings  County  Settlers,  p.  135;  Aiken.  The  Hegeman  Family ', 
in  "Araer.  Hist.  Mag.,"  vol.  i  (1906),  pp.  170,  ff. 

'Collateral  and  Illustrative  Documents,  No.  XXXIX.  See  also  on  the 
j  minister's  house  in  Stiles.  Hist,  of  the  City  oj  Brooklyn,  vol.  i  (1867),  pp. 
160-161. 


8o  Province  of  New  York  [M£XS] 


Bond  bee  examined  into  by  M?  Mayo1,1  MT  Nicolls,  &  M. 
Bedloo  at  their  goeing  downe.2 

West  Indya  Company  Businesse  to  bee  respited  untill 
farther  Ordr*  3 

The  Matter  considered  about  Transports  con  of  Corne, 
upon  ye  Examinacon  of  ye  Bakers  what  Corne  there  is  in  ye 
City; 

An  Order  to  bee  made  that  noe  Wheate  in  Grayne  bee 
Transported,  but  in  fflowre,  Bread,  or  Bisquett  for  this 
ensueing  yeare.4 

About  noe  Strang1?  Sloopes  being  permitted  to  goe  up  ye 
River  to  Albany; 

That  the  former  OrdT  bee  revived  &  stand  in  fforce.5 

About  ye  Lett1;5  from  Southton  &  Southold  excusing  or 
refusing  to  take  out  their  Patents  to  bee  left  to  farther 
Consideration.6 

1  Thomas  Delavall. 

*  Collateral  and  Illustrative  Documents,  No.  XXV. 

» Collateral  and  Illustrative  Documents,  No.  XL. 

4  Collateral  and  Illustrative  Documents,  No.  XU;  Records  of  New  Amster- 
dam, vol.  6,  p.  287.  Notwithstanding  this  prohibition,  passes  were  issued 
during  April  and  May,  1671,  to  certain  persons  to  send  their  wheat  to  the  mill 
at  Milford,  Conn.,  for  convenience  of  having  it  sooner  ground,  "  provided 
the  flour  and  meal  be  brought  back  to  New  York." — Court  of  Assizes,  vol.  2, 
pp.  669,  670,  692.  For  orders  prohibiting  transport  in  1666  and  1667,  and 
prices  of  corn  or  wheat  hi  New  York  in  1668,  see  Orders,  Warrants,  Letters, 
vol.  2,  pp.  30,  78,  157,  306,  327. 

8  Collateral  and  Illustrative  Documents,  No.  XUL 

•Collateral  and  Illustrative  Documents,  No.  XUII.  All  the  towns  of 
Long  Island  were  required  by  the  law  of  1665  to  renew  and  have  confirmed 
all  their  grants,  patents  or  deeds  of  purchase.  The  towns  of  Southampton, 
Southold  and  Oyster  Bay  resisted  and  refused  to  comply  with  the  law.  The 
demand  was  renewed  by  an  order  of  the  court  of  assizes  in  1666  and,  in  the 
mean  time,  their  titles  were  declared  to  be  "  invalid  as  by  Law."  But  they 
continued  to  procrastinate  and,  in  October,  1670,  the  court  of  assizes  ordered 
them  anew  to  conform,  notwithstanding  these  towns  had  "  upon  some  j 
Nicetyes  or  prtences  "  hitherto  delayed  to  take  out  new  patents.  As  late  I 
as  November,  1674,  the  people  of  Southold,  in  town  meeting  assembled, 
unanimously  declared  their  attachment  to  the  colony  of  Connecticut  and 
desired  "  to  use  all  good  and  lawfull  meanes  so  to  continue."  This  pertinacious 


Executive  Council  Minutes  81 


[53]  At  a  Councell  held  at  ffort 

James  y6  27*.*  March  1671. 
Present 

The  Governo-1" 
Mf  Mayor 
Mf  Steenwijck 
The  Secretary. 

The  Matter  under  Consideracon  was  somewhat  from  Mr 
Jeremias  Van  Renslaer,1  &  Cap*  Philip  Pieters  Schuijler 
of  Albany  concerning  ye  Excize 2  &  ffortifications  there; 
And  some  thing  from  the  Commissaryes  about  Aqueppo  3 
the  Indyans  Death,  to  cleare  which  that  the  Maques  had  noe 
hand  in  it,  they  gave  a  Band  of  Seawant  to  Cap*  Salisbury,4 
to  bee  sent  to  his  ffriends,  hee  hath  sent  it  to  ye  Governor, 
wch  was  produced,  It  being  about  16  Guilders.* 

About  ye  ffortificacons  of  ye  Towne  &  Forte  they  doe  not 
dissent  from  what  was  proposed  by  them  &  engaged  the 
last  Summer.* 

About  ye  Tax  for  ye  Ministf 5  &c:  &  other  Offic1?  of  the 

resistance  to  the  authority  and  jurisdiction  of  New  York  determined  the 
court  of  assizes,  in  October,  1676,  to  issue  a  peremptory  order,  involving 
forfeiture  of  lands. —  N.  Y.  Colonial  MSS.,  vol.  22,  pp.  107,  136;  Southold 
Town  Records,  vol.  i,  pp.  374-375;  Records  of  Southampton,  vol.  2,  pp.  65-66, 
357-358. 

1  Jeremias  Van  Rensselaer  had  been  commissioned,  on  September  23,  1670, 
as  "  Capt°  of  a  Troope  of  Horse,  listed  or  to  bee  listed  within  the  Limit ts 
or  precincts  of  Albany,  Renzlaerswijcke  Schanecktade  &  parts  adjacent,  as 
a  Troope  of  Volunteers." —  N.  Y.  Colonial  MSS.,  vol.  22,  p.  105.  See 
sketch  in  Van  Rensselaer  Bowier  Manuscripts,  p.  846. 

*  Collateral  and  Illustrative  Documents,  No.  XLVI. 

'  Variously  spelled,  as  Aquepo,  Aqueppo,  Acquipoor,  etc. 

4  Sylvester  Salisbury. 

•Gideon  Schaats  or  Schaets  was  minister  of  the  Dutch  congregation  at 
Rensselaerswyck  and  Albany  from  1652  till  1694,  when  he  died.  From  1683 
he  was  assisted  in  his  ministry  by  Godfreidus  Dellius. —  Cf.  O'Callaghan. 
Hist,  of  New  Netherland,  vol.  2,  pp.  567-568. 

[6] 


82  Province  of  New  York 


Towne,  for  wch  they  are  already  Indebted  over  &  above 
what  ye  Burgers  Excize  doth  yield. 

They  propose  that  ye  Magistrates  alone  may  have  Liberty 
to  sell  Strong  Drink  &  Liquo™  to  ye  Indyans  &c:  or  to  have 
halfe  ye  Tappers  Excize  to  defr[ay]  that  Charge. 

[54]  For  ye  Engrossing  of  ye  Sale  of  Strong  Liquo1?,  Its 
not  thought  to  bee  practicable.^ 

As  to  the  next  Proposall,  It's  thought  fitt  to  recommend 
it  to  the  Persons  entrusted  from  the  Towne  of  Albany,  to 
deliver  in  an  Estimate  of  the  Townes  Debts  for  their  Officers, 
what  Offic1?  there  are,  &  their  Salaryes. 

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

What  ye  Tappers  Excize  is  generally  ffarm'd  at. 

The  Reason  why  they  desire  Reliefe,  is  That  Renslaers- 
wijck  did  heretofore  pay  the  halfe  to  the  Ministr  &c:  &  now 
paying  300  Scheples  per  Annum  to  ye  Governor,  they  are 
excused  from  that,  to  [sic]  what  they  paid  before  is 
wanting. 

The  Charge  yearely  of  ye  Towne  of  Albany  to  the  Officr.s  is 

Beavr.s 

To  yc  Ministr 125    —  at  f  30  ye  Beav? 

To  ye  Secretar.y  —  600  guild1?  Seaw^ 

To  ye  Bode 300  guild1?  Zeaw* 

To  y6  Reader 400  guild1?  Zeaw? 

125  Beavr.s  f  1300  —  Seawant. 

At  length  upon  further  Proposall  &c:  It  was  O[r]dered, 
That  y6  Commissaryes  at  Albany  upon  [55]  the  Expiracon 
of  this  yeares  Packt  of  ye  Grand  Excize,  there,  shall  for  ye 
yeare  ensueing  wch  is  to  beginn  on  y6  10^  day  of  July  next 
have  the  said  Packt  or  Grand  Excize  upon  the  same  Terme 


US? a?]  Executive  Council  Minutes  83 

as  it  hath  been  Lett  this  yeare,  with  Liberty  alone  to  sell 
Liquo1".3  or  Strong  Drink  to  the  Indyans,  &  that  none  shall 
have  Licence  soe  to  doe  without  their  Approbacon  &  Con- 
sent. In  Consideracon  whereof,  they  are  to  pay  all  Offic" 
belonging  to  them,  &  to  bee  accomptable  for  ye  Overplus 
to  the  Governor,  the  which  shall  bee  employed  for  the  Pub- 
lick  Benefitt  of  these  parts. 

To  bee  accomptable  for  y6  Small  Packt  likewise./ 

This  Ordr  made  about  it. 

WHEREAS  ye  Commissaryes  of  Albany,  Renslaers-Wijck, 
&  Schanechtide  have  by  Cap?  Jeremias  Van  Renslaer,  & 
Cap*  Philip  Pieters  Schuijler  requested  mee  that  they  may 
ffarme  y6  Tappers  Packt  or  Great  Excise,  &  may  alone 
have  Liberty  to  sell  Liquo1?  or  Strong  Drink  to  the  Indyans,1 
there  being  great  Abuses  committed  while  every  one  takes 
that  Liberty  upon  them;  the  which  they  propose  to  Regulate 
ffor  an  Encouragement  to  the  said  Commissaryes,  who  have 
shewed  themselves  very  forward  in  contributing  to  the 
Publick  Worke  of  ffortifying  that  Towne  and  ffort,  I  have 
by  and  wth  the  Advice  of  my  Councell  thought  fitt  to  grant 
their  Request,  &  doe  therefore  hereby  Ordr,  That  after 
the  Expiration  of  this  prsent  yeares  [56]  Packt  or  ffarme  of 
ye  Great  Excize  wch  will  end  upon  the  10^  day  of  July  next, 
ye  Commissaryes  for  the  time  being  shall  for  ye  yeare  en- 
sueing,  that  is  to  say,  from  the  lo1.11  day  of  July  1671  to  ye 
10^  day  of  July  1672.  hold  the  said  Packt  upon  the  same 
Termes  &  Condicons  as  it  hath  been  lett  at  this  yeare,  & 
shall  also  have  Liberty  to  sell  Liquors  or  Strong  Drink  to 
the  Indyans,  &  that  none  shall  have  Licence  soe  to  doe 
without  Approbation  &  Consent  of  my  selfe  &  them;  The 

1  For  a  letter  of  Lovelace,  dated  November  12,  1668,  in  regard  to  the 
excise  and  selling  of  liquor  to  Indians,  see  Orders,  Warrants,  Letters,  vol.  2, 
p.  281;  and  for  another  about  the  tappers  excise,  of  July  22,  1669,  see  ibid, 
P-  475- 


84  Province  of  New  York  [A;r67is] 

said  Commissaryes  paying  out  of  the  Burghers  Excize,  & 
ye  Benefitt  accrewing  hereby  all  Publick  Officr.s,  and  like- 
wise that  they  bee  accomptable  for  ye  Overplus  (if  any  shall 
happen  to  bee)  to  the  Governor,  the  which  shall  bee  kept  in 
Banck  untill  it  bee  disposed  for  the  Publick  Benefitt  of  those 
parts.  Given  under  my  hand  at  ffort  James  in  New  Yorke 
this  29^  day  of  March  1671. 

[57]  At  a  Councell  held  in  the 

ffort.  Apr:  15.  1671. 
Pres* 

The  Governo' 
Mr  Mayor 
Mr  Steenwijck 
The  Secretary. 

This  day  a  Report  was  made  by  M^  Mayo?  &  ye  other 
Commission1:8  of  their  Proceedings  at  the  East  end  of  Long 
Island;  ye  which  was  well  approved  of,  soe  ye  Commission 
was  Cancelled.1 

The  Proceedings  Ordered  to  bee  Recorded. 

Delaware  Busynesse  taken  into  Consideracon;  Cap?  Carr 
being  present.2 

About  ye  Murdr  committed  by  ye  Indyans.3 

About  selling  Strong  Drink  to  ye  Indyans. 

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

Cap?  Carr  relates  of  ye  desire  of  many  ffamilyes  to  come 
&  settle  below  New  Castle  at  Apoquimenys  4  &  Bombeij's 
Hooke; 5  To  bee  considered  of./ 

» Collateral  and  Illustrative  Documents,  No.  XLIII. 
2  Collateral  and  Illustrative  Documents,  No.  XXXV. 
8  Compare  Collateral  and  Illustrative  Documents,  Nos.  XXXV  and  UV. 
4  Appoquinimink  Creek,  Delaware.     The  name  has  many  variations  in  the 
early  records. 

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


Executive  Council  Minutes  85 


The  most  Eminent  amongst  them  are  one  Mr  Jones,1 
Mr  Wharton,2  Mr  Whale./  3 

A  Lettf  is  Ordered  to  bee  written  to  treat  with  some  of 
them  about  their  Settlement.4 


[58]  At  a  Councell  held  in  ye  ffort. 

Aprill  26^  1671. 
Present 

The  Governor 

% 

Mr  Mayor 
Mr  Steenwijck 
The  Secretary. 

The  Mattr  under  Consideration  is  the  Busynesse  of  Staten 
Island; * 
The  Inhabitants  prferr  a  Peticon  by  ye  hands  of  Thomas 

1  Robert  Jones,  whose  wife,  Elizabeth,  obtained  a  pass,  in  November,  1671, 
"  to  goe  to  Virginia  to  her  husband  in  Mr  Quidleys  Vessell." —  AT.  Y.  Colonial 
MSS.,  vol.  20,  p.  23;  General  Entries,  vol.  4,  p.  72.     For  his  landholdings  4 
in  Delaware  see   Original  Land  Titles  in  Delaware  commonly  known  as  the 
Duke  of  York  Record,  pp.  143,  144,  149,  150. 

•Captain  Walter  Wharton.  Lovelace  appointed  him,  on  June  17,  1671, 
"  Surveyor  Gentt  in  Delaware  River,  that  is  to  say  of  ye  Westerne  side  of 
y6  said  River  now  under  his  Royall  Highness  Governm*  &  Protection,"  to 
"  measure  or  lay  out  Lands  or  Lotts  of  Ground  in  Delaware  River,  w0*1 
shall  at  any  time  be  ordered  by  mee,  As  also  for  any  private  person  there 
under  his  R:  Hs  his  Protection,  who  shall  employ  him."  He  was  also  com- 
missioned, on  April  9,  1672,  a  justice  of  peace  at  Apoqueminis  and  places 
adjacent  in  Delaware  Bay.  Wharton  died  interstate,  and  is  called  "of 
New  Castle,  in  Delaware."  Upon  the  request  of  his  wife,  Mary,  Captain 
Edmond  Cantwell  was  appointed  administrator,  November  10,  1679. — 
Court  of  Assizes,  vol.  2,  p.  721;  N.  Y.  Colonial  MSS.,  vol.  20,  p.  31;  Collec- 
tions of  N.  Y.  Hist.  Society,  1892,  p.  62. 

1  George  Whale,  sometimes  given  as  Wale  in  the  records. —  N.  Y.  Colonial 
MSS.,  vol.  20,  pp.  16,  23.  On  his  Delaware  lands  see  Original  Land  Titles 
in  Delaware,  pp.  128,  148,  149. 

« Collateral  and  Illustrative  Documents,  No.  XXXV. 

•  Collateral  and  Illustrative  Documents,  No.  XXXI. 


86  Province  of  New  York 


Carle  1  &  Nathan  Whitmore  2  chosen  by  ye  major  part  of 
the  Plantation  to  attend  the  Governo? 

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

The  second  part  is  granted. 

The  third  to  bee  left  unresolved  untill  the  Surveyor  Gena.u  3 
bee  consulted  wth,  but  supposed  they  may  have  it. 

The  4t.h  to  bee  considered  of  w*.h  ye  first. 

The  5l.h  &  last  to  bee  left  till  To-morrow  Morning,  when 
the  Surveyor  Gena.n  is  to  bee  here. 

An  Ordr  writt  to  him  under  ye  Governor  hand,  That  hee 
bee  here  To-morrow,  before  Noone,  &  sent  by  Gideon 
Marlette.4 

About  ye  Election  of  Commissaryes  at  Kingston  in 
Esopus.5 

To  bee  left  till  Mr  Mayor.s  goeing  up./* 

[59]  A  Commission  to  bee  drawn  for  Cap*  Chambers  to 
bee  Justice  of  ye  Peace  at  the  Esopus  over  the  three  Townes, 
not  to  infringe  ye  Libertyes  or  Priveledges  of  Schout  & 
Commissaryes.  a  7 

The  keeping  of  ye  Co^s  at  Marbleton  and  Hurley  to  bee 
-taken  into  Consideration  also  by  M?  Mayo?  who  is  to  returne 
an  Ace*  thereof  at  his  Returne.8 

1  Apparently  Captain  Thomas  Carle,  of  Hempstead,  L.  I.,  who  died  intes- 
tate, and  whose  widow,  Sarah,  daughter  of  James  Halstead,  requested  letters 
of  administration,  which  were  granted  on  March  25,  1676/7.  —  Collections  of 
N.  Y.  Hist.  Society,  1892,  pp.  34-35. 

*  He  was  one  of  the  commissioners  appointed  by  Lovelace,  February  16, 
1669/70,  to  treat  with  the  Indians  as  to  purchase  of  Staten  Island  lands.  — 
Court  of  Assizes,  vol.  2,  p.  469. 

*  Jacques  Cortelyou. 

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

5  Collateral  and  Illustrative  Documents,  No.  XLIV. 

6  Thomas  Delavall. 

7  Collateral  and  Illustrative  Documents,  No.  XLIV. 

*  Ibid. 


Executive  Council  Minutes  87 


At  a  Councell  held  in  ye  Fort 

Apr:  27fc.h  1671. 
Present 

The  Governo? 
M*  Mayo? 
M?  Steenwijck 
The  Secretary. 

That  2  Lotts  bee  continued  upon  the  Hills,  one  Lott  to 
bee  layd  out  upon  the  Neck  of  Land  by  M?  Stillwell,1  &  one 
by  Nathaniell  Brittaines.2 

That  a  convenient  High-way  bee  left  for  Drift  of  Cattle  s 
&c:  towards  ye  Bridge,  &  the  Great  Kill,  the  rest  to  bee 
Enclosed  for  the  New  Lotts  to  bee  added  to  the  Old 
Towne. 

[60]  The  last  Clause  to  bee  more  fully  Answered  when  the 

1  Nicholas  Stillwell  had  been  commissioned  as  constable  of  Staten  Island, 
on  September  7,  1667.  His  son,  Richard,  was  "  acquainted  w^  y6  Language 
&  customes  of  ye  Indians  "  and  was  appointed  president  of  a  commission 
created  by  Lovelace,  on  February  16,  1669/70,  to  treat  with  the  Indians 
on  Staten  Island  for  its  purchase. — Orders,  Warrants,  Letters,  vol.  2,  p.  186; 
Court  of  Assizes,  vol.  2,  p.  469.  See  personal  data  in  Stilwell,  Benjamin  M. 
Early  Memoirs  of  the  Stilwell  Family,  comprising  the  Life  and  Times  of  Nicholas 
Stilwell  (New  York,  1878);  Stillwell,  William  H.  Notes  on  the  Descendants  of 
Nicholas  Stillwell  (New  York,  1883);  Bergen.  Kings  County  Settlers,  pp. 
277-278;  Collections  of  N.  Y.  Hist.  Society,  1892,  p.  24. 

1  Nathaniel  Brittain,  son-in-law  of  Nicholas  Stillwell,  whose  oldest  daughter, 
Anne,  he  had  married.  He  was  one  of  the  commissioners  appointed  by 
Lovelace,  February  16,  1669/70,  to  treat  with  the  Indians  for  the  purchase 
of  Staten  Island. —  Court  of  Assizes,  vol.  2,  p.  469.  For  sketch  see 
Bergen.  Kings  County  Settlers,  p.  50;  Early  Memoirs  of  the  Stilwell  Family, 
p.  278. 

3  Notice  was  given  by  an  order  of  February  24,  1672/3,  "  that  there  shall 
bee  a  Drift  of  all  Horses  &  Cattle  upon  Staten  Island,"  and  all  persons  pos- 
sessed of  any  there  were  desired  "  to  appeare  or  send  some  person  to  the 
Towne  of  Dover  to  take  notice  of  their  respective  Horses  or  Cattle  to  the  end 
they  may  bee  viewed  and  marked  according  to  the  Lawes  in  such  Cases 
provided." —  General  Entries,  vol.  4,  p.  264.  Dover  was  the  home  of  Still- 
well  and  Brittain,  situate  immediately  below  the  Narrows,  near  the  later 
Fort  Tompkins. 


Province  of  New  York 


Surveyo?  Gena.n  *  shall  have  layd  out  the  utmost  Limitts  & 
Bounds  of  the  Towne. 

The  first  Clause  is  graunted  to  make  up  a  Supply  to  the 
rest  of  the  Towne.2 

At  a  Councell  held  in  ye  Fort 

May  iW  1671. 
Present. 

The  Governo? 
Mr  Mayof 
Mr  Steenwijck 
The  Secretary 

The  first  Busyness  taken  into  Consideracon  was  the 
Affayres  of  Esopus; 3  In  particular,  ye  Report  of  Mr  Mayor, 
about  Settlement  of  Affayres  at  the  New  Townes  given  in 
Writing.^ 

It  is  Ordered,  That  those  Ord?  about  ye  Townes  bee  of 
fforce  untill  any  Inconvenience  doe  appeare  therein,  or  further 
Order. 

The  Commissaryes  chosen  out  of  the  4.  by  Mr  Mayo^  & 
Cap1  Lovelace  4  to  bee  Confirmed,  jy 

Cap*  Criegers  5  Busynesse  about  ye  Whorekill.8 

1  Jacques  Cortelyou. 

*  Collateral  and  Illustrative  Documents,  No.  XXXI. 

*  Collateral  and  Illustrative  Documents,  No.  XLIV. 

4  Captain  Dudley  Lovelace,  a  brother  of  Governor  Lovelace. 

'Captain  Martin  Cregier,  Creiger,  Crieger,  Kregier,  and  otherwise  in  the 
records.  He  had  been  one  of  the  burgomasters,  appointed  by  Stuyvesant  in 
1653.  In  February,  1670,  Lovelace  appointed  him  collector  of  the  customs 
at  the  Whorekill,  an  office  soon  thereafter  abolished.  He  was  commissioned 
captain  of  a  company  of  foot  in  New  York  City,  July  13,  1670,  and  was  com- 
missioned to  command  a  third  company  of  foot  in  New  York  City,  when  the 
military  arrangements  were  made,  in  February,  1672,  for  the  defense  of  the 
city.— Brodhead.  Hist,  of  N.  Y.,  vol.  i,  p.  548;  vol.  2,  pp.  166,  184;  Court 
of  Assizes,  vol.  2,  pp.  475,  611;  N.  Y.  Colonial  MSS.,  vol.  22,  p.  106;  General 
Entries,  vol.  4,  pp.  105,  128. 

*  Collateral  and  Illustrative  Documents,  No.  XLV. 


[M^IS]  Executive  Council  Minutes  89 

The  Purchase  of  ye  Whorekill  by  ye  Dutch  to  bee 
Recorded. 

[61]  About  ye  Mill-Stones  there,  to  bee  as  they  desire.1 

A  Lyst  of  ye  Inhabitants. 

A  Relation  from  thence  of  ye  Losse  of  Jan  de  Capres 
Sloope,2  that  the  Sloope  was  cast  away,  &  the  Men  drowned, 
not  destroyed  by  the  Indyans. 

An  Examinacon  made  at  ye  Whore-Kill  by  Cap*  Crieger, 
and  ye  Answer  upon  it. 

Together  wth  3  Papers  brought  by  Cap*  Carr  concerning  it. 

The  Relation  about  Jan  De  Capres  Sloope  being  taken 
into  Consideration,  as  it  is  sett  forth  in  the  Papers  by  Cap* 
Crieger  produc't,  In  regard  of  ye  Vncertainty  of  y6  manner 
of  that  Disaster,  &  where  certainly  it  befell,  whither  in  these 
his  Roy  all  Highness  Dominions  or  in  Maryland.  However 
It  is  Ordered,  that  a  Letter  bee  sent  to  ye  Governor  of  Mary- 
Land  3  to  know  what  their  Opinion  is  hereupon;  but  for  some 
time  to  suspend  the  sending  it,  some  persons  being  expected 
from  thence  suddenly  who  may  give  farther  light  herein. 

The  other  MattrB  from  ye  Whore-Kill  well  approv'd  of. 

About  Albany  Busynesse. 

What  was  done  by  ye  Mayor 4  &  Cap!1  Lovelace 5  with  the 

*  Ibid. 

1  Collateral  and  Illustrative  Documents,  No.  XLV.  Jan  de  Kaper,  also 
called  in  the  records  John  de  Caper,  the  Caper,  de  Capres,  apparently  belonged 
to  Maspeth  Kills,  where  he  had  been  ordered  by  Governor  Nicolls,  on  July 
5,  1665,  to  establish  his  title  to  a  parcel  "  of  ffly-Land,  lying  in  that  Creeke." 
On  a  return  voyage  to  New  York,  in  1665,  he  was  subjected  to  insolences 
by  some  Indians  who  forcibly  searched  his  sloop.  He  seems  to  have  carried 
on  a  traffic  between  New  York  and  points  as  far  as  Virginia.  It  was  during 
one  of  these  voyages,  in  1670,  that  his  sloop,  the  "  Jonge  Prins  "  or  "  Prince 
of  Orange,"  was  shipwrecked  and  plundered  in  an  inlet  of  Delaware  Bay. — 
General  Entries,  vol.  i,  p.  136;  Orders,  Warrants,  Letters,  vol.  2,  pp.  4,  349. 

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

4  Thomas  Delavall. 

'  Captain  David  Lovelace. 


90  Province  of  New  York  tu^'s] 

Commissaryes,  about  the  late  Order  of  ye  Comissaryes 
farming  the  Tappers  Excize;  with  their  Reasons  pro  & 
Con:  —  1 

[62]  Together  w*.*1  an  OrdF  made  by  ye  Commissaryes  wth 
Consent  of  the  Inhabitants,  after  mature  Deliberation,  It 
is  Ordered,  That  what  was  done  by  them  at  that  time  bee 
confirmed.^ 

About  ye  Nomination  of  a  Lievten*  here  in  the  place  of 
Goovert  Loockermans,2  Mr  Beeckman  3  &  Stoffell  Hooge- 
landt  4  proposed. 

Mr  Beeckman  to  have  a  Commission. 

A  Proposall  being  made  of  raising  a  Troope  of  Horse  in 
this  City  and  Island  being  made  by  the  Governor,  the  farther 
Consideration  thereof  is  respited  untill  some  further  time.5 

That  there  bee  three  Persons  nominated  by  the  Troope  of 

»  Collateral  and  Illustrative  Documents,  No.  XLVI. 

»  Covert  Loockermans,  of  New  York  City.  He  received  his  certificate  of 
denization,  December  19,  1664;  owned  also  a  farm  at  Maspeth  Kills;  was 
commissioned  by  Lovelace,  on  July  13,  1670,  lieutenant  of  the  company  of 
foot,  of  which  Martin  Creiger  was  captain,  and  died  intestate  in  1671,  leaving 
an  estate  which  was  for  a  long  time  unsettled.  —  General  Entries,  vol.  i,  p. 
52;  Court  of  Assizes,  vol.  2,  p.  482;  N.  Y.  Colonial  MSS.,  vol.  22,  p.  106; 
Collections  of  N.  Y.  Hist.  Society,  1892,  pp.  48,  60,  190,  194,  195,  204,  282. 
See  also  personal  data  and  genealogy  in  TV.  Y.  Geneal.  and  Biog.  Record, 
vol.  8,  pp.  13-15;  Innes.  New  Amsterdam  and  its  People,  pp.  235-249;  Bergen. 
Kings  County  Settlers,  p.  189;  D  wight,  B.  W.  History  of  the  Descendants  of 
John  Dwight,  vol.  i,  p.  207;  Records  of  New  Amsterdam,  vol.  6,  p.  299. 

•  William  Beeckman.  See  genealogy  in  TV.  Y.  Geneal.  and  Biog.  Record, 
vol.  19,  pp.  42-43;  and  a  less  accurate  sketch  in  Beekman.  History  of  Part 
of  the  Beekman  Family.  Babylon,  I,.  I.,  1885. 

4  Christoffell  or  Christopher  Hoogelandt,  of  New  York  City,  who  had  been 
appointed  an  alderman  by  Governor  Nicolls,  on  August  14,  1668,  for  one 
year,  being  superseded  before  the  expiration  of  his  term  on  account  of  the 
vacancy  created  by  his  making  a  journey  to  Holland.  He  married  Catharina 
Creiger,  or  Cregier,  on  June  23,  1661.  —  Orders,  Warrants,  Letters,  vol.  2,  pp. 
227,  430;  Court  of  Assizes,  vol.  2,  p.  409;  Collections  of  N.  Y.  Hist.  Society, 
1892,  p.  142;  Bergen.  Kings  County  Settlers,  p.  145.  For  a  sketch  see  History 
and  Genealogy  of  tfte  Hoagland  Family  in  America.  [New  York,  1891],  pp. 


1  Collateral  and  Illustrative  Documents,  No.  LXIV. 


Executive  Council  Minutes  91 


Horse  in  the  North  &  West  End  of  Long  Island  for  Cap1.11, 
two  for  Lievten.%  &  two  for  Cornett,  out  of  either  of  which 
their  Names  being  returned,  the  Governor  will  Nominate  one.1 
The  Petition  about  ye  Prohibition  of  Corne  to  bee  taken 
into  Consideration  at  ye  next  Co1?  of  Sessions,  who  are  to 
have  Notice  of  ye  same,  &  to  give  their  Opinions  of  the 
Likelyhood  of  ye  Plenty  or  Scarcity  of  Corne  for  ye  ensueing 
yeare;  And  the  Court  of  Mayo-r  &  Aldermen  in  the  meane 
time  are  to  examine  how  the  Stock  of  Corne  in  Store  is  like 
to  hold  out  this  present  yeare,  &  to  make  Report  thereof 
unto  the  Governor  and  Councell.f  2 

[63]  At  a  Councell  held  at  ffbrt 

James  ye  14^  June  1671. 
Present 

The  GovernoT 
MT.  MayoT 
M^  Steenwijck 
The  Secretary. 

The  Busynesse  under  Consideracon  are  the  Matters  at 
New  Castle  and  the  Whore-Kill.3 

About  New  Castle,  It  was  Ordered,  That  noe  person  in 
Delaware  bee  permitted  to  distill  there,  but  such  as  give  in 
their  Names  to  the  Officers  at  New  Castle,  &  from  them  to 
receive  Licences;  And  that  they  pay  one  guilder  Seaw*  p 
Cann  for  all  that  they  shall  distill,  wch  shall  goe  towards 
the  Reparation  of  ye  New  Block-House  or  ffbrt. 

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

1  Collateral  and  Illustrative  Documents,  No.  XLVII. 
1  Collateral  and  Illustrative  Documents,  No.  XIJ. 
» Collateral  and  Illustrative  Documents,  No.  XLVIII. 


92  Province  of  New  York 


bee  Obliged  to  settle  upon  the  Land,  &  that  each  Person 
bee  enjoyned  to  settle  a  House  in  a  Towne  to  bee  appointed 
neare  them. 

The  12^  to  bee  referred  to  ye  same  Consideracon  with 
the  distilling. 

[64]  At  a  Councell  held  in  ye 

Fort  ye  21^  June  1671. 
Pres.c 

The  Governor 
M?  Steenwijck 
The  Secretary. 

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

Cap*  Carr  declares  that  Governor  Nicolls  gave  ye  Officr? 
Ord?  to  make  Grants  of  Land  to  those  that  would  Plant 
there,1  which  being  remitted  to  ye  Governor,  hee  was  pleas'  d 
to  give  Patents  for  them. 

The  Signing  of  Patents  for  those  Parts  concluded  on. 

An  OrdT  also  relating  the  Grant  to  M?  Mills,2  the  wch  is 
to  extend  only  to  ye  Whorekill  Lands,  though  men  coned 
Parts  adjacent,  on  ye  South-side  of  the  Whore  Kills.  n  3 

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

*  James  Mills.  He  sold  his  house  and  land  at  Huntington,  L.  I.,  to  George 
Wood,  and,  as  some  difficulties  arose  over  the  sale,  he  made  a  further  acknowl- 
edgment, on  December  30,  1670.  He  contracted  with  Charles  Glover,  of 
Southold,  for  a  ship  to  be  called  "  Nathaniell,"  but  Glover  was  derelict  in 
fulfilling  his  contract  and  kept  the  ship  on  the  stocks  for  more  than  a  year 
beyond  the  time  agreed  for  launching  her.  Mills  brought  suit  against  Glover 
at  the  court  of  assizes,  October,  1671.  In  this  year  Mills  was  also  involved 
in  litigations  with  Cornelis  Steenwyck.  —  Deeds,  vol.  3,  pp.  132-133;  General 
Entries,  vol.  4,  pp.  31,  65.  Records  of  New  Amsterdam,  vol.  6,  pp.  312,  322, 
326,  330-33I.  336,  345.  On  his  proposed  plantation  at  the  Whorekill  see 
also  Original  Land  Titles  in  Delaware  commonly  known  as  the  Duke  of  York 
Record,  pp  25,  47. 

»  Collateral  and  Illustrative  Documents,  No.  XLIX. 


[ju'ne'as]  Executive  Council  Minutes  93 

MT.  Paine  1  &  M^  Terry  2  about  Matinicock  Busyness.3 
An  Ord?  to  issue  forth,  that  some  of  the  Matinicock  Indyans 
doe  come  here  on  Munday  next,  particularizing  there  being 
formerly  an  Appointing  when  they  came  without  Notice,  & 
went  away  without  speaking  or  doeing  any  [65]  thing  in 
their  Busyness.  An  Ord^  hereupon  to  referr  to  —  quaere 
&c:4 

At  a  Councell  held  in  y^ 
fforty'aS1*  June  1671. 
Present 

The  Governor 
MT.  Steenwijck 
The  Secretary. 

The  Matt?  under  Consideracon  was  the  Business  of 
Nantuckett;  two  Persons  being  sent  from  thence  hither.5 

They  produce  Writings  to  make  good  their  Clayme  & 
Title  in  Obedience  to  an  OrdT  issued  forth  last  yeare,6  & 
tender  some  Proposalls  in  Writing,  Vpon  wch  Severall  Ord?5 
were  made  &  Establisht  for  their  Government,  which  are 
upon  Record.7 

To  referr  to  which,  search  ye  Booke  Indyan  Purchases. 


1  John  Paine. 

•  Thomas  Terry. 

•Collateral  and  Illustrative  Documents,  No.  L. 
•Ibid. 

•  They  were  Tristram  Coffin  and  Thomas  Macy. 

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

•Ibid. 


94  Province  of  New  York  Iji2xaj 

At  a  Councell  &c:  June  29^  1671. 

Before-noone.f 
Pres* 

The  Governor 

Mr  Steenwijck 
The  Secretary. 

Mr  Coffin  *  is  by  Consent  nominated  ye  Chiefe  Magis- 
trate at  Nantuckett  from  ye  Date  hereof  untill  ye  23?  day  of 
November,  which  shall  bee  in  the  year  of  our  Lord  1672. 
&  accordingly  had  his  Commission.2 

[66]  After-noone. 

Thursday  June  29^  1671. 
Present 

The  Governor 
Mr  Steenwijck 
The  Aldermen. 
The  Comnrs  &c: 
Mr  Tho:  Lovelace 
Mr  Van  Ruijven. 
Cap?  Manning 

The  Difference  between  ye  Lutherans  was  heard.3 

1  Tristram  Coffin.  For  his  biography  and  descendants  see  Coffin,  Allen. 
The  Coffin  Family.  Life  of  Tristram  Coffin,  of  Nantucket,  Mass,,  founder 
of  the  Family  Line  in  America.  Nantucket,  1881.  Coffin  was  succeeded 
as  chief  magistrate  of  Nantucket  and  Tuckanucket  by  Richard  Gardner,  on 
April  15,  1673. —  Deeds,  vol.  3,  p.  87. 

» Collateral  and  Illustrative  Documents,  No.  XVIII. 

» Collateral  and  Illustrative  Documents,  No.  LI.  Rev.  Jacobus  Fabricius, 
or  Fabritius,  came  over  from  Germany  and  received  permission  to  exercise 
his  ecclesiastical  office  in  an  orderly  manner.  He  first  ministered  to  the 
Lutherans  of  Albany,  being  the  first  pastor  of  that  denomination  there,  but 
was  suspended  by  Governor  Lovelace,  on  May  28,  1668,  on  account  of  his 
controversies  with  the  magistrates  and  the  Dutch  congregation,  with  whom  he 
would  not  be  reconciled,  even  through  the  mediation  of  friends.  On  Feb- 
ruary 20,  1668/9,  Lovelace  granted  him  permission  to  be  pastor  of  the  Lutheran 


Executive  Council  Minutes  95 


It  was  occasioned  by  a  Peticon  from  Wiltem  Hendricks  l 
Baker  &  others  against  ye  Magistr 

The  Proceeding?  of  yc  Commission1?  were  first  read, 
grounded  upon  a  Petition  prsented  by  the  Magister  to  ye 
Governour,  who  appointed  Commissioners. 

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

congregation  in  New  York  City,  provided  he  gave  "  no  trouble  or  molesta- 
tion to  oth1?  differing  in  Judgm^from  him,"  and  on  the  2jth  of  that  month 
his  oath  of  allegiance  was  certified.  Before  long  he  got  into  a  quarrel  with 
his  New  York  congregation  over  the  building  of  their  church,  which  is  the 
case  referred  to  in  the  council  minutes.  On  April  13,  1670,  he  was  given 
a  pass  to  go  to  Newcastle,  Del.,  accompanied  by  his  wife,  Annetje  Cornells, 
the  widow  of  Lucas  Dircks  van  Bergh,  to  look  after  a  suit  over  a  house  and 
lot  at  Newcastle,  which  had  been  sold  by  his  wife's  former  husband  to  Reynier 
van  Eyst.  His  breach  with  the  New  York  congregation  led  to  bis  removal 
to  Delaware,  where  he  preached  in  Newcastle  and  Wicaca,  and  also  got  into 
trouble.  For  performing  a  marriage  cermony  in  New  York,  irregularly  and 
without  authority,  in  1674,  he  was  suspended  from  the  ministry  for  one 
year.  His  fractious  temper  led  to  an  estrangement  with  his  wife,  who  com- 
plained of  his  cruelties  to  the  court  of  schout,  burgomasters  and  schepens 
of  New  Orange  (New  York  City),  on  February  24,  1674,  averring  that  she 
was  suffering  from  the  quartan-ague,  "  having  been  obliged  the  whole  winter 
to  sleep  in  the  garret  under  the  roof  of  the  house,  which  truly  is  a  very  hard 
thing  to  happen  to  an  old  woman  and  all  this  for  a  drunken  and  constant 
prophaner  of  God's  name,  a  ci-devant  Lutheran  preacher,  named,  as  he  says 
Jacobus  Fabritius,  her  married  but  unfaithful  husband,  who  has  driven  her 
out  [of]  her  own  house  and  chamber,  which  she  intended  for  her  son  "  by  her 
former  marriage.  On  June  8th  she  was  granted  a  separation,  but  on  July 
nth  Fabricius  came  by  force  into  his  wife's  house,  carrying  a  chest,  and  got 
into  a  quarrel  with  the  schout,  resisted  the  soldiers  and  raised  a  general 
rumpus  when  an  attempt  was  made  to  remove  him  from  the  premises.  He 
was  fined  heavily;  ordered  to  remain  away  from  his  wife,  and  to  ask  the 
pardon  of  the  court  "  for  the  insults  and  injuries  committed  against  it  at 
divers  times,  although  he  deserved  to  be  more  severely  punished."  —  Orders, 
Warrants,  Letters,  vol.  2,  pp.  335,  342,  394,  423;  Court  of  Assizes,  vol.  2,  pp. 
424»  5°i-5°4;  General  Entries,  vol.  i,  p.  71;  Records  of  New  Amsterdam,  vol. 
7,  pp.  60,  94,  107;  Brodhead.  Hist,  of  N.  Y.,  vol.  2,  pp.  159,  174,  255; 
Memoirs  of  Hist.  Soc.  of  Penn.,  vol.  7  (1860),  p.  191;  New  York  Colonial 
Documents,  vol.  2,  pp.  693,  706. 

1  His  name  was  Hendrick  Willernsen,  a  baker  by  trade,  and  hence  often 
Called  "  Hendrick  the  Baker." 


96  Province  of  New  York 


The  Note  of  Subscriptions  for  ye  paym*  of  the  House  for 
their  Church  is  produced. 

The  MagistT  putts  in  an  Answer  to  ye  Peticon  against  him. 

It's  the  Governor.s  Opinion,  That  those  that  have  Sub- 
scribed to  ye  Payment  for  ye  Church-House,  should  pay 
their  Proportions,  &  likewise  that  they  pay  his  Salary  to  ye 
time  of  their  Dissenting,  or  soe  many  as  doe  dissent.// 

It's  Ordered  that  the  Complainants  have  time  to  make 
good  their  Charge,  &  the  Magister  to  make  his  Answer  till 
Thursday  next  Afternoone,  when  they  are  to  give  their 
Attendance./ 

[67]  At  a  Councell  held  at  ffort  James 
July  6^  1671. 
Present 

The  Governed 
M?  Steenwijck 
Mf  Secretary 

The  Businesse  under  Consideracon  was  Mf  Mayhews 
Affayre  about  Martins  Vineyard  &c: 1 

His  Peticon  &  Proposalls  read. 

To  ye  first  part  of  ye  Peticon,  It's  granted  that  the  Townes 
Seated  there  shall  have  Patents  of  Confirmation  as  other 
Townes,  &  particularly  as  their  Neighbor  of  Nantuckett  have. 
Quaere.  To  ye  next  part  to  know  what  Land  hee  hath  purchased, 

&  of  whom,  &  how  it  doth  appeare,  &  what  remaines 
unpurchased. 

Noe-Mans  Land  already  disposed  of,  but  to  bee  enquired 
into.2 

» Collateral  and  Illustrative  Documents,  No.  XVIII. 

*  Collateral  and  Illustrative  Documents,  No.  LII.  The  Isle  of  Man  alias 
No  Mans  Land,  located  southwest  of  Martha's  Vineyard.  It  was  first  granted, 
August  3,  1666,  to  William  Reeves,  Tristram  Dodge,  John  Williams,  and 
William  Nightingale,  but  the  stipulations  in  the  grant  havmg  been  forfeited, 


[j'jjj'y]  Executive  Council  Minutes  97 

Three  Papers  to  bee  Recorded,1  viz.1  ye  two  from  James 
fforrett,2  (ye  L?  Sterlings 3  Agent)  &  one  from  Richard  Vines 
Sr  fferdinando  Gorges  Agent. 

M.r  Mayhew4  to  bring  in  To  morrow  Morning  what  hee 
hath  bought  at  Martins  Vineyard,  for  which  hee  is  to  have 
a  Patent.  5 

The  Clause  of  Priveledges  to  bee  invested  in  ye  Patent. 

[68]  At  a  Councell  &c: 
July  7*  1671. 

About  Mr  Mayhews  Proposalls6  concerning  ye  Governm* 
That  for  ending  of  Causes  to  ye  Sume  of  51?  It  is  granted 
that  Mr  Mayhew  (who  for  his  Lifetime  is  to  bee  Governo? 
there)  wth  two  Assistants  to  bee  chosen  by  ye  two  Townes, 
shall  hold  a  Court,  where  one  Agreeing  with  ye  Governor 
shall  carry  the  Case;  but  in  case  of  Non-Agreem*  to  bee 
referred  to  their  Generall  Court;  which  is  to  consist  as  in 
their  Instructions  to  Nantuckett. 

The  Sume  Definitive  at  ye  Gen3?1  Court  is  to  bee  for  50? 
for  this  yeare.f 

The  Co?  is  first  to  bee  held  at  Martins  Vineyard./ 
M?  Mayhew  is  to  bee  Governor  over  ye  Indians  upon 
Martins  Vineyard. 

The  Acknowledging  by  Quit-Rent  for  both  the  Townes 
&  himselfe  to  bee  Agreed  upon.i 

the  grant  was  renewed  to  John  Williams  and  others,  on  June  23,  1670,  and 
February  23,  1674.  In  these  patents  it  was  called  the  Isle  of  Wight. — 
Hough.  Nantucket  Papers,  p.  32  (note). 

» Collateral  and  Illustrative  Documents,  No.  XVIII. 

•  James  Forret,  Gent. 

•  William  Alexander,  Earl  of  Stirling. 
* Thomas  Mayhew,  Sr. 

•  Collateral  and  Illustrative  Documents,  No.  XVIII.     See  also  Hine.     The 
Story  of  Martha's  Vineyard.     New  York,  [1908],  p.  6. 

•  Collateral  and  Illustrative  Documents,  No.  XVIII. 

[7] 


Province  of  New  York 


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

The  Ordr?  hereupon  are  drawn  up  at  large,  &  Entred 
in  the  Booke  of  Indyans-Purchase.1 

[69]  At  a  Councell  July  ye  8^  1671. 

Mr  Mayhews  &  Mr.  Brentons  2  Pretences  upon  Elizabeth 
Islands  3  discourst  of. 

Memoranda  That  three  Men  besides  M^  Mayhew  bee 
chosen  for  a  Court  upon  Martins  Vineyard,  &  hee  to  have 
a  double  Vote  as  President./ 

Mr  Mayhew  SenF  4  acknowledges  to  have  sold  his  Pre- 
tences, but  the  Grand  childe  5  putts  in  his  Clayme  for  his 
part  as  his  ffathers  Right. 

Daniel  Wilcocks  Clayme  brought  in  by  Young  Mr  Mayhew 
to  bee  Recorded.6 

The  whole  Right  to  ye  two  Islands  is  found  to  bee  in  Mr 
Brenton,  both  by  ye  Indyan  Purchase  &  the  Sale  of  M? 
Mayhew  Sen^;  But  its  recommended  to  him  to  give  some 
Compensation  to  the  Grand  Childe  for  his  Consent  to  his 
ffathers  Right.7 

1  Collateral  and  Illustrative  Documents,  No.  XVIII. 

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

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

4  Thomas  Mayhew,  Sr. 

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

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

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


buiyl6i72-i3]  Executive  Council  Minutes  99 

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

The  Governor 
Mr  Steenwijck 
The  Secretary. 

Vpon  Consideracon  had  of  Mr  Mayhews  Quit  Rents. 

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

About  Claes  Burden  &c:  That  ye  former  Ord?  against 
Transportation  of  Wheat  &c:  bee  as  yet  continued,  viz1: 
That  none  bee  Transported  but  in  ffloure  and  Bread.1 

A  Peticon  from  Govert  Loockermans  wife  about  Capt 
Mannings  2  Purchase. 

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

Huntington  LettT  of  Excuse  for  not  giving  their  Attend- 
ance according  to  Order,  read  wth  two  Testimonyes.3 

M^  Smith  4  wth  MT  Rider  5  give  their  Attendance. 

Deferred  till  after  Dinner. 

An  Ordr  to  Record  M^  Smiths  Attendance,  &  Hunting- 
ton's  Default.8 

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

The  GovernoT 
MT.  Steenwick 
The  Secretary 

1  Collateral  and  Illustrative  Documents,  No.  XLI. 

2  Captain  John  Manning. 

3  Collateral  and  Illustrative  Documents,  No.  XXV. 

4  Richard  Smith. 

1  John  Rider,  attorney. 

•Collateral  and  Illustrative  Documents,  No.  XXV. 


ioo  Province  of  New  York  [sep6t?y 

Mr  Gildersleeve  &  Cap1  Seamans  are  employed  by  the 
Towne  of  Hempstead  l  to  make  Invalid  M?  Terryes  Grant,2 
&  to  make  their  Clayme  to  Matinicock  Land. 

It's  by  ye  Governo^  recommended  to  them  &  Mr  Terry 
to  endeavour  a  Composure.  Whereupon  they  came  to  a 
Conclusion  which  was  Recorded.3 


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


Pres* 

The  Governor 

Mr  Mayor 

,  ,r  P  ...       J-ofNewYorke 

M?  Steenwijck 

The  Secretary. 

Governor  Philip  Carterett    )    c  AT       T 

_     .  T  _  r  }•  of  JNew  Jersey. 

Cap?  James  Carterett.          j 

The  Occasion  of  ye  prsent  Meeting  is  the  Lett'  brought 
from  Mr  Toms  4  by  Peter  Alricks  about  the  Murder  of  [72] 
two  Christians  (Dutch  Men)  killd  by  some  Indyans  at  the 
Island  Matiniconck  in  Delaware  River.5 

1  Richard  Gildersleeve  and  Captain  John  Seaman,  who  by  vote  of  the  town  of 
Hempstead,  July  3,  1671,  were  sent  to  New  York  to  "  treat  with  the  Governour 
about  the  Eastern  bounds  of  this  Towne  "  and,  in  their  discretion,  "  to 
Joyn  with  Mr  Terry,  according  to  the  conditions  that  were  last  made  between 
the  said  Mr  Terry    and    ye   Towne."  —  Hempstead    Town    Records,    vol.  i 
(Jamaica,  1896),  p.  278. 

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

8  Collateral  and  Illustrative  Documents,  No.  L. 

<  William  Tom. 

'Collateral  and  Illustrative  Documents,  No.  UV.  Matiniconck,  now 
Burlington  Island,  in  Delaware  River.  It  had  been  "  formerly  knowne  by 
the  name  of  Kipps  Island  and  by  the  Indian  name  of  Koomenakimokonck 
Containing  about  a  Myle  in  Length  and  half  a  Myle  in  breadth."  This 
island  was  leased  by  Lovelace,  on  September  10,  1668,  to  Peter  Alrichs  or 
Alricks  for  three  years.  It  had  been  in  the  tenure  and  possession  of  Sir 


[sep6t7Ia5]  Executive  Council  Minutes  101 


Peter  Alricks  l  being  prsent  relates  to  ye  Truth  of  the 
Murder,  upon  wch  hee  is  examined;  Hee  saith,  the  whole 
Nation  of  the  Indyans  of  whom  these  Murderers  are,  con- 
sists of  about  50  or  60  Persons.  All  the  Mischiefes  committed 
in  Delaware  these  7  yeares  by  Murder  and  otherwise,  are 
said  to  bee  done  by  them. 

The  Indyans  their  Confederates  (as  it's  supposed  they 
will  bee  if  a  Warr  follow)  with  this  Nation  of  the  Murderers, 
may  bee  about  a  thousand  persons  besides  Women  & 
Children. 

The  Names  of  the  two  Murderers,  are  Tashiowijcam  & 
Wywannattamo.^  2 

Peter  Alricks  declares,  That  two  of  ye  Saggamores  of  the 
Nation  of  the  Murderers,  promised  their  best  Assistance  to 
bring  in  the  Murderers,  or  to  procure  them  to  bee  knockt 
it'h  [sic]  Head,  if  it  might  bee  allowed  by  the  Governor 

Many  other  Indyans  that  hee  mett  upon  the  Road  did 
very  much  disallow  ye  Murd?  &  were  very  sorry  for  it,  & 
offered  their  Assistance  against  them  likewise,  only  the 
Difficulty  was,  that  there  were  seaven  of  these  Indyans, 
Men  of  the  same  Stock,  that  if  the  two  should  bee  seized, 
the  other  five  would  seek  to  bee  Revenged;  Soe  it  was 
unsafe. 

Robert  Carr,  Knt.,  whose  buildings  and  stock  thereon  were  included  in  this 
lease,  and  it  was  also  called  "  Matinicom  als  Carr's  Island."  Lovelace, 
on  December  15,  1668,  ordered  the  immediate  surrender  of  the  leasehold 
to  Alricks. —  N.  Y.  Colonial  MSS.,  vol.  20,  p.  2;  Orders,  Warrants,  Letters, 
vol.  2,  pp.  259,  316;  Original  Land  Titles  in  Delaware,  p.  125.  See  also 
"  Some  Notes  on  Matinneconk  or  Burlington  Island,"  by  William  Nelson, 
in  Penn.  Magazine  of  Hist,  and  Biog.,  vol.  X  (1886),  pp.  214-216;  Memoirs 
of  Hist.  Soc.  of  Penn.,  vol.  7  (1860),  pp.  140-141. 

1  For  a  sketch  of  him  see  N.  Y.  Geneal.  and  Biog.  Record,  vol.  24,  pp. 
125-132. 

1  They  dwelt  "  at  Suscunck  "  four  miles  to  the  eastward  of  Matiniconck 
Island. —  Lovelace  to  Carteret,  September  20,  1671,  in  Collateral  and  Illus- 
trative Documents,  No  LIV. 


102  Province  of  New  York  [oct67I2S] 


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

The  Proposall  to  have  ye  Murderers  destroy' d  was  to 
cause  a  Kinticoy  1  to  bee  held,  &  in  the  midst  of  their  Mirth, 
That  then  one  should  bee  hired  to  knock  them  i'the  head. 
This  by  the  Sachem. 

Peter  Alricks  saith,  The  proper  time  to  sett  upon  this 
Nation  of  the  Murderers  is  within  a  Month  from  this  time, 
for  after  that  they'l  breake  off  their  keeping  together  in  a 
Towne,  &  goe  a  hunting,  soe  bee  separated  &  not  to  bee 
found,  but  now  the  danger  is  of  their  destroying  the  Corne 
and  Cattle  of  the  Christians. 

The  Occasion  of  ye  Murther  is  said  to  bee  that  Tashiowij- 

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

The  Manetto  2  hath  killd  my  Sister,   &  I  will  goe   &  kill 
the  Christians;  soe  taking  another  with  him  hee  went   & 
executed  this  Barbarous  ffact. 

The  next  Meeting  Agreed  to  bee  at  Elizabeth  Towne.3 

[74]  At  a  Councell  held  in  the  Fort  * 

Octob:  25*.h  1671. 
Present 

The  Governor 
Mr  Steenwijck 
The  Secretary. 

1  Cantico,  and  many  other  variants,  derived  from  a  word  of  the  Delaware 
dialect  of  Algonquian,  namely,  gintkaan,  signifying  "  to  dance,"  with 
different  applications.  In  the  above  minutes  it  represents  a  jollification. — 
Handbook  of  American  Indians,  part  i,  p.  202. 

1  On  the  signification  of  "  Manito  "  see  Handbook  of  American  Indians, 
part  i,  p.  800. 

1  For  this  meeting  see  under  November  7,  1671. 

4  Fort  James. 


[oJt6.713o]  Executive  Council  Minutes  103 


That  a  Commission  bee  drawn  for  ye  Mayor  &  Aldermen 
to  make  Enquiry  concerning  that  great  Disorder  of  a  High 
Misdemeanour  &  Gena.n  Breach  of  ye  peace,  as  also  the 
Disobedience  to  the  Governor  Order  &  Authority  under  his 
Royall  Highness,  on  Saturday  last  (being  ye  2i*.h  day  of  this 
Month)  by  George  Spurre,  Humphry  Davenport,  &  their 
Complices,  in  goeing  on  board  the  Ship  Expectation,  Isaack 
Melijen1  Command?  riding  at  Anchor  in  this  Port,  under 
prtence  of  a  Seizure  of  the  said  Ship  for  his  Ma1!62 

To  heare  &  Determine'likewise, 

Examine  upon  Oath  &c: 

The  Co1?  to  sitt  To-morrow,  at  2  of  the  Clock  Afternoone; 
Cap*  Manning3  &  Mr  Dervall4  to  bee  Added  to  the  Bench; 
And  to  bee  dissolved  upon  ye  Determination  of  the  Cause. 

This  as  to  ye  Publick. 

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


[75]  At  a  Councell  held  yc  30^  day 

of  Octob:  1671. 
Present 

The  Governor 
Mr  Steenwijck 
The  Secretary. 

1  Isaac  Melyn,  son  of  Cornells  and  Jannetje  Melyn.  He  was  granted  letters 
of  denization  "  anew  "  to  be  "  a  ffree  Denizen  of  this  Place  &  Province,"  on 
January  13,  1671/2,  or  a  few  days  before  the  ship  "Expectation"  had 
been  cleared  and  adjudged  to  be  a  free  ship  by  a  special  court  of  oyer  and 
terminer. —  General  Entries,  vol.  4,  pp.  86,  93.  In  an  examination  before 
the  mayor's  court,  October  24,  1671,  Spurre,  as  commander,  appears  as 
James  Sparr  and  Spragg.  Another  of  his  accomplices  hi  the  seizure  was 
Henry  Randel. —  Records  of  New  Amsterdam,  vol.  6,  pp.  339-340. 

1  Collateral  and  Illustrative  Documents,  No.  LV. 

1  Captain  John  Manning. 

4  William  Darvall. 


104  Province  of  New  York  [oc?.7I3<>] 

The  Matter  under  Consideration  is  the  Purchase  of  the 
Land  of  ye  Wickerscreek  Indyans,1  offered  to  Sale. 

Part  of  it  was  purchased  in  ye  yeare  1649.  as  appeares  upon 
Record. 

Showan  Orocketts  Brother,  &  other  Indyans  present  being 
demanded  what  they  came  for,  they  replyed  they  come  to 
sell  their  Land  to  the  Governor  They  were  offered  a  Price  & 
could  sell  it  to  others,  but  would  not,  having  more  a  Desire 
that  the  Governor  should  have  it  or  the  Refusall;  It  was 
told  them  none  could  buy  it  without  the  Governo™ 
Licence. 

Then  they  went  by  chalking  it  out  to  shew  their  Bounds, 
&  what  was  sold,  wch  they  describe  by  a  small  Stroake 
alongst  the  East  River. 

The  Names  of  those  that  pretend  to  bee  ye  Owners 

Ramacq},  Tapongeere,  Nepahnickan,  Inquus,  Nenemarek, 
Amanung,  Wyrandis,  Chemus,  Sessepok. 

They  would  reserve  a  piece  of  Land  for  themselves. 

It  was  a[s]kt  them  how  farr  it  was  from  Monussing  2  [76] 
to  Harlem  RivT,  And  from  John  Richardsons  8  Crosse  over 
to  Wijckerscreeke,  They  answer  it  is  a  good  halfe  dayes 
Journey,  about  6  hours  or  18  Miles  in  breadth.  In  length 
as  before,  They  say  It  is  a  good  dayes  Journey. 

'See  Bolton.  Hist,  of  County  of  Westchester  (1881  edition),  vol.  2,  pp. 
258-270,  506  (note  b),  507. 

2Manussing,  or  Mennewies,  an  island,  in  the  town  of  Rye,  Westchester 
County,  about  a  mile  in  length,  lying  east  of  Poningoe  Neck  and  separated 
from  it  only  by  a  narrow  channel.  See  Bolton.  Hist,  of  the  County  of  West- 
Chester  (1881  edition),  vol.  2,  pp.  130-131,  161. 

•John  Richardson  was  one  of  the  two  original  patentees  of  West  Farms, 
now  included  in  Bronx  Borough,  New  York  City.  For  an  account  of  him 
and  his  land  tenure,  see  Bolton,  vol.  2,  pp.  433-439,  and  compare  for  dis- 
crepancies with  his  will  in  Collections  of  N.  Y  Hist.  Society,  1892,  pp.v  64-65; 
for  the  purchase  from  the  Indians  by  him  and  Edward  Jessop,  March  12, 
1663,4,  s66  Deeds,  vol.  2,  pp.  79-80.  His  widow,  Martha,  was  married  to 
Thomas  Williams,  mariner,  of  Westchester.—  Pelletreau.  Early  Wills  of 
Westchester  County,  p.  394. 


[octJao]  Executive  Council  Minutes  105 

It  is  3  dayes  Journey  about  in  Circumference.  It  being 
askt,  Now  they  are  beaten  off  by  the  Maques,  how  they 
can  make  a  good  Title  thereunto  if  it  were  sold  ?  They  say 
the  Maques  will  not  say  they  have  any  pretence  to  their 
Land,  though  being  at  Warre  they  would  destroy  their 
Persons,  &  take  away  their  Beavers  &  Goods.1 

It  was  demanded  what  Meadow  or  Valley  did  belong  to 
their  Land,  They  say  there  is  a  great  deale  of  Meadow 
within  the  Land. 

They  are  bid  to  consider  of  what  price  they  will  Ask  for 
their  Land,  &  give  an  Answ?  about  two  a  Clock,  Afternoone. 


The  Acco*  they  returne  of  their  Price  is  — 


300  fathom  Wamp™ 
30  —  Match-Coats 
10  —  Blancketts 
5  —  Cleat  Cloths  of  Duzzines 


30  —  Chipping  Axes 

50  —  Knives 

30  —  Barrs  of  Lead 


30  —  Kettles  ^  §  —  a  Barrel  of  Powder 


30  —  Gunns 

20  —  Skirts 

20  —  paire  Stockings 

30  —  Hatchetts 


2  —  J  ffatts  of  Beer 
I  Anchor  of  Rumm 

3  Howe's  2 


1  In  a  primitive  and  religious  sense,  the  Indian  "  conceived  of  the  earth 
as  mother,  and  as  mother  she  provided  for  her  children,"  hence  the  land 
"was  not  regarded  as  property,"  but,  like  the  air,  was  necessary  to  life  and 
"not  to  be  appropriated  by  an  individual  or  group  of  individuals  to  the 
permanent  exclusion  of  others."  Occupancy  for  planting  came  in  time  to 
establish  "a  claim  or  right  to  possess  the  tract  from  which  a  tribe  or  an 
individual  derived  food.  This  occupancy  was  the  only  land  tenure 
recognized  by  the  Indian;  he  never  of  himself  reached  the  conception  of 
land  as  merchantable,  this  view  having  been  forced  on  his  acceptance 
through  his  relations  with  the  white  race." —  Handbook  of  American  Indians t 
part  i,  p.  756. 

•Hoes. 


1 06  Province  of  New  York  [  j£l7 


[77]  At  a  Councell  held  by  Mutuall 
Agreement  at  Elizabeth  Towne  in 
New  Jersey  by  ye  Governed  of  his 
Royall  Highness  Territoryes,  &  ye 
Governed  under  the  Lords  Propri- 
-etors  of  the  Province  of  New  Jersey 
ye  7l.h  day  of  November  in  ye  23th 
yeare  of  his  Ma11.63  Reigne,  Annoq* 
Domini  1671. 
Pres*— 

Governor  Lovelace 

Gov :  Carterett 1 

Mr  Steenwijck 

Mr  Tho :  Lovelace 

Cap*  Berry 2 

Mr  De  La-  Praire  3 

Mr  Pardon  * 

Mr  Nicolls. 

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

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

*  Captain  John  Berry,  deputy  governor  of  New  Jersey,  who  had  come  to 
East  New  Jersey  from  Barbados,    in  1669.      For  a  sketch  of  him  and  his 
family  see  N.  Y.  Geneal.  and  Biog.  Record,  vol.  15,  pp.  49-57. 

*  Robert  Vauquellin,  Sieur  de  la  Prairie,  a  native  of  Caen,  in  Lower  Nor- 
mandy, France,  who  came  over  with  Governor  Philip  Carteret  in  1665,  having 
been  appointed  by  the  proprietors,  Berkeley  and  Carteret,  as  surveyor  general 
of  their  domain  hi  America.     See  sketch  in  Hatfield.     Hist,  of  Elizabeth, 
N.  /.,  pp.  97-99. 

4  William  Pardon,  of  Elizabeth,  N.  J.,  member  of  Carteret's  council,  deputy 
secretary,  and  later  receiver  general  (1674)  and  justice  of  peace  (1676). — 
N.  J.  Archives,  vol.  21,  pp.  i,  8,  22,  33,  34,  37,  39,  42,  43,  59.  For  sketch 
see  Hatfield  Hist,  of  Elizabeth,  N.  J.,  p.  170. 


UcV.M  Executive  Council  Minutes  107 

two  Christians  at  Matiniconck  Island,1  It  is  resolved  &  Con- 
cluded upon  as  followes. 

Inpris  — That  this  prsent  Season  of  ye  yeare  is  not  a  fitting 
time  to  Commence  a  Warr  wth  ye  Indyans  who  shall  take 
part  with  the  Murderers,  as  well  for  the  Reasons  given  in 
Writing  from  ye  Offic?5  at  Delaware,  as  for  other  Causes 
debated  in  Councell;  soe  that  the  prsent  intended  Expedition 
thither  is  deferrd  untill  a  more  convenient  Opportunity. 

That  in  the  meane-time  all  Endeavo1?  bee  used  O[f] 
persons  in  Authority  in  Delaware  to  [78]  have  the  Murdero1? 
brought  in  either  dead  or  alive;  ffor  the  accomplishing 
whereof,  if  any  Reward  shall  bee  proposed  or  promised  by 
the  said  Offic1?  for  the  bringing  them  in,  the  same  shall  bee 
punctually  made  good.  And  for  that  it  may  soe  happen  that 
the  Malefactor.s  by  some  Stratagem  or  otherwise  may  bee 
taken  alive,  a  Commission  shall  fortwith  bee  granted  by  his 
Royall  Highness  Governo?,  &  here  w*.h  sent  empowering 
&  Authorizing  the  Officr.s  &  Magistrates  who  shall  therein 
bee  named  to  bring  them  to  condigne  Punishment  by  put- 
ting ye  said  Murderers  to  Death  in  the  most  Publick  & 
shamefull  manner  that  may  bee,  soe  to  strike  a  terrour  & 
Consternation  in  the  rest  of  ye  Indyans  who  shall  see  or 
heare  of  the  same. 

3.  Whereas  some  Resolutions   &  Ordr.s  have  been  lately 
made  at  Delaware  of  their  Intentions  to  retire  into  Townes 
for  their  better  safety    &  Security  against  the  Indyans  in 
case  of  a  Warr,  ye  said  Resolutions  are  very  well  approved 
of;  And  it  is  Ordred,  That  at  their  best  &  soonest  Conven- 
ience they  bee  putt  in  Execucon  accordingly.2 

4.  The  like  Resolucon  proposed  as  to  Matinicock,3  &  It 

1  Collateral  and  Illustrative  Documents,  No.  LIV. 

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

1  Matiniconck  Island. 


1 08  Province  of  New  York  [  N'06V7.'7  ] 


being  a  ffrontire  Place,  it  is  also  allowed  and  approved  of;  & 
shall  bee  done  at  the  first  Convenient  time  &  Season. 

5.  It  is  also  Ordred,  That  the  Inhabitants  at  New  Castle 
&  parts  adjacent  upon  Delaware  River  [79]  bee  digested 
into  severall  Companyes  as  ye  Townes  &  number  of  Men  will 
permitt;  &  upon  returne  of  the  Names  of  the  Officers  that 
shall  bee  chosen  amongst  them  to  have  the  Command  of 
such   Companyes   they   shall   have   Commissions   for  their 
respective  Employments  under  his  Ma11?3  Obedience.     In 
the  meane  time  those  Officers  that  shall  bee  chosen,  are  to 
Act  &  proceed  w*h  allowance  till  they  bee  confirmed. 

6.  That  every  Person  that  can  beare  Armes  from  16  to 
60  years  of  Age,  bee  allwayes  provided  with  a  convenient 
proportion  of  Powder   &  Bullett  fitt  for  Service,  and  their 
mutuall  Defence,  upon  a  penalty  for  their  neglect  herein 
to  bee  imposed  by  the  Commission  Officers  in  Command 
according  to  Law.^ 

7.  That  ye  quantity  or  proportion  of  Powder  &  Shott  to 
bee  adjudged  competent  for  each  person  bee  at  least  one 
pound    of  Powd^,   &    two    pound    of  Bullett.     And  if  the 
Inhabitants  in  the  River  shall  not  bee  found  sufficiently  pro- 
vided wth  for  Armes,  his  Royall  Highness  Governor  is  willing 
to  furnish  them  out  of  the  Magazine  or  Stores,  they  being 
accomptable    &  paying  for  what  they  shall  receive  to  the 
Governour  or  his  Order. 

8.  That  the  Places  where  the  Towne-ships  upon  ye  River 
shall  bee  kept  bee  appointed  &  Agreed  upon  by  the  Schout, 
Commissaryes,    &  the  rest  [80]  of  ye  Officr.s  according  to 
their  Proposall  sent,  as  also  where  the  Block-Houses,    & 
Places  of  Defence  shall  bee  erected  as  well  in  the  Towne  as 
in  the  River. 

9.  That   all   former    Prohibitions   of  selling    Powder    & 
Ammunition  to  the  Indyans  under  what  penalty  soever  bee  ! 


lixS's]  Executive  Council  Minutes  109 

suspended,  or  left  to  the  discretion  of  the  Officers  as  they 
shall  see  Occasion  untill  further  Order. 

10.  That  noe  Corne  or  Provision  bee  transported  out  of 
Delaware,  unlesse  that  which  is  already  on  board,  or  intended 
to  bee  shipt  in  ye  Sloope  1  of  Thomas  Lewis  (now  in  that 
River)  for  ye  wfh  hee  shall  have  a  Speciall  Licence  or  Permitt, 
untill  further  Order.2 

11.  That  ye  Offic™  &  Magistrates  at  Delaware  bee  hereby 
Empowered    &  Authorized   to   treat  with   the  Neighbour 
Indyans  of  the  Susquehanos  or  others  to  joyne  together 
against  ye  Murderers  &  such  as  shall  harbour  them  or  take 
their  part,  if  Occasion  shall  require,    &  to  promise  them 
such  Reward  as  they  shall  think  fitt.     Provided  it  bee  done 
with  great  Privacy  &  Caution,  soe  that  noe  sudden  Jealousy 
bee  given  to  the  Persons  intended  to  bee  prosecuted  or  their 
Confederates. 

12.  And  Lastly  that  the  afore-recited  Officers  &  Magis- 
trates upon  all  emergent  Occasions  doe  take  Care  by  all 
Means  that  shall  present  [81]  as  well  as  by  Expresses  to  give 
an  Acco*  hither  of  what  from  time  to  time  shall  happen  there 
in  relation  to  this  matter,  wch  said  Expresses  &  Messengers 
shall  bee  well  &  duely  satisfied  for  their  paines  and  trouble. 

At  a  Councell  held  &c: 
Decemfc:  5t.h  1671. 
Pres* 

The  GovernoT 
Mr  Delavall 
M?  Steenwijck 
The  Secretar. 

1  Thomas  Lewis  was  master  of  the  sloop  "  the  Royall  Oak."  She  also 
plied  between  New  York  and  Boston.—  General  Entries,  vol.  4,  p.  139  (June, 
1672) 

» Collateral  and  Illustrative  Documents,  No.  LVI. 


i  io  Province  of  New  York  [i&!xs] 


Cap1  Salisburyes  1  Peticon  first  discoust  [sic]  of,  &  sus- 
pended untill  next  Meeting,  when  ffredrick  Gijsbert  &  Mr 
Sharpe  2  are  to  have  Notice  to  give  their  Attendance.3 

D°  Samuel  Drisius  4  his  Peticon  about  his  Salary  as  MinistT 
being  taken  into  Consideration,  It  is  thought  fitt  in  lieu  of 
all  his  prtences  of  Salary,  &  for  ye  two  yeares  since  hee 
received  any,  wch  will  bee  compleated  in  the  Month  of 
January  next,  that  there  shall  bee  allowed  him  the  Summe 
of  one  hundred  pounds,  wch  the  Governor  will  pay,  as  for 
one  entire  yeares  Service;  the  other  yeare  or  the  greatest 
part  thereof,  hee  being  soe  distempered  [82]  as  that  hee  was 
incapable  of  performing  ye  Ministeriall  {Function. 

However  if  that  bee  not  thought  sufficient  It  is  recom- 
mended to  ye  Elders  &  Deacons  of  the  Church  to  make 
him  some  farther  Compensation. y  5 

Vpon  w0:1  an  Ord^  —  as  followeth. 

Dn?  Drisius.  Vpon  ye  Peticon  of  D55  Samuel  Drisius,  That  his  Salary 
might  bee  made  good  to  him  as  formerly,  hee  being  in 
Arreare  for  neare  two  whole  yeares  to  bee  compleated  in  ye 
beginning  of  the  Month  of  January  next,  The  Governor 
&  Councell  having  seriously  taken  ye  prmisses  into  Con- 
sideracon,  &  withall  being  very  sensible  that  the  said  Domine 
for  at  least  one  halfe  of  the  time  was  by  Gods  Visitation  soe 

1  Captain  Sylvester  Salisbury. 

2  Fredrick  Gijsbertsen  and  John  Sharpe. 

3  Collateral  and  Illustrative  Documents,  No.  XXXVIII. 

'  Rev.  Samuel  Drisius,  who  could  preach  in  Dutch,  English  and  French, 
had  come  to  New  Amsterdam  in  1652  and  continued  under  Dutch  and  Eng- 
lish rule,  dying  in  the  city,  April  18,  1673.  Latterly,  he  suffered  from 
"  weaknesse  "  and  "  a  failure  of  memory,"  incapacitating  him  in  his  ministry. 
In  1671,  Aegidius  Luyck,  teacher  of  the  grammar  school,  assisted  Drisius 
in  his  ministrations. —  Corwin.  Manual  of  the  Ref.  Church  in  America,  fourth 
edition,  pp.  433-435;  Ecclesiastical  Records  of  N.  Y.,  vol.  i,  pp.  612,  617, 
623.  On  the  salary  arrears,  etc.,  see  also  Records  of  New  Amsterdam,  vol. 
6,  pp.  101,  174,  240-241,  292,  300,  365,  396;  General  Entries,  vol.  4,  p.  47. 

•  Collateral  and  Illustrative  Documents,  No.  LVII. 


Executive  Council  Minutes  in 


distempered,  that  hee  was  rendered  incapable  of  exercizing 
the  Ministeriall  ffunction,  for  the  which  hee  was  to  receive 
his  Salary,  They  doe  think  it  reasonable  that  hee  shall  bee 
allowed  the  Salary  of  one  yeare  only  in  lieu  of  all  pretences 
for  the  time  past,  the  wch  his  Honf  ye  Governor  on  behalfe 
of  his  Royal!  Highnesse  is  well  content  forthw^  to  cause 
to  bee  paid  unto  him  or  his  Ordr,  without  laying  Imposicon 
on  ye  Towne  for  any  part  thereof;  However  if  that  shall  not 
bee  thought  sufficient,  It  is  recommended  to  the  Elders  & 
Deacons  of  the  Church  to  jnake  [83]  him  such  further  Com- 
pensation as  by  them  shall  bee  judged  meet,  and  for  the  time 
to  come  doe  Order  that  his  Salary  goe  on  as  heretofore. 

By  Ordr  &c: 

A  Fed  con   preferrd   from   Coenraat  ten  Eijck 1   &  Boel  jCoenraat 
Roeloffs,2  about  their  Trust  for  an  Orphans  Estate,3  wch  was  <te 

1  Coenraet  ten  Eijck  or  Ten  Eyck  was  a  shoemaker  and  tanner  of  New  York 
City.  For  his  will  see  Collections  of  N.  Y.  Hist.  Society,  1892,  p.  143;  and  for 
family  history  see  Talcott.  Genealogical  Notes  of  New  York  and  New 
England  Families,  p.  228. 

» Boele  Roeloffsen. 

»The  case  is  that  of  Victor  Bicker,  an  orphan  and  surviving  minor  child 
of  Gerrit  Bicker  and  Aeltie  Lubbertse.  After  his  father's  death,  his  mother 
was  married  to  Nicholaes  Velthuijsen,  widower  of  Janneke  Willems.  In 
1664,  when  Victor  Bicker  was  eleven  years  of  age,  his  mother  also  died, 
leaving  an  estate  for  his  support,  over  which  Ten  Eyck  and  Roeloffsen  were 
appointed  guardians.  In  this  capacity  they  invested  two  thousand  florin, 
seawant,  as  a  loan  on  interest  to  the  city  government  of  New  Amsterdam. 
The  English  capture  of  New  Netherland  and  confiscation  of  the  property  of 
the  West  India  Company  affected  not  only  the  payment  of  the  interest  on 
the  loan,  but  tied  up  the  principal  itself.  On  October  9,  1666,  the  guardians 
petitioned  the  mayor's  court  of  New  York  City  for  the  payment  of  the  interest 
that  had  accrued  since  1664  and  "  that  hereafter  the  accrued  interest  of  the 
aforesaid  capital  may  be  promptly  paid  on  the  day  due,  until  the  sd.  City 
sh;>ll  have  discharged  aforesaid  capital."  Moreover,  they  declared  there 
were  no  other  means  for  the  boy's  support.  The  court  requested  them  "  to 
wait  yet  a  little  while  longer,"  until  the  effects  of  the  West  India  Company 
!  were  sold.  On  June  23,  1668,  and  March  2,  1668/9,  the  guardians  requested 
he  court  to  pay  both  principal  and  interest.  Meanwhile,  Victor  Bicker 
passed  out  of  his  schooldays  and  was  apprenticed  to  Johannes  Harberding, 


1 1 2  Province  of  New  York 


lent  heretofore  to  the  Burgo-Mastr.s,  &  promis'd  to  bee 
repaid  &c: — being  taken  into  Consideration,  this  following 
Order  was  made  thereupon. 

The  Peticon  of  Coenraat  ten  Eijck  &  Boel  Roeloffs  being 
taken  into  Consideracon,  wherein  they  sett  forth,  That 
being  Trustees  for  an  Orphans  Estate,  part  thereof  was 
heretofore  lent  to  the  Burge-Mastr.s  for  the  use  of  the  Towne, 
but  the  alteracon  of  Governm1  happ'ning  they  cannot  gett 
the  same  repaid,  soe  that  they  having  engag'd  to  give  a 
certaine  Sufne  of  Money  for  the  use  of  the  Orphan  to  binde 
him  out  Apprentice,  they  are  condemned  to  pay  the  same 
out  of  their  own  Purses,  wch  proves  a  great  prjudice  &  Detri- 
ment unto  them;  The  Premisses  being  a  Busyness  of  Con- 
sequence, wherein  diverse  persons  are  in  like  manner 
concern'd  with  the  Peticoners,  both  as  to  the  Debts  of  the 
West  India  Company  &  the  Towne,  many  laying  Clayme 

a  shoemaker,  who  taught  the  lad  his  trade,  under  a  contract  with  the  guardians 
for  the  sum  of  150  florin,  sea  want.     Harberding  brought  suit  against  the 
guardians  at  the  mayor's  court,  on  February  7,  1670/1,  for  payment  of  the 
apprentice  money  and  fifty  guilders  more  which  he  had  disbursed  for  the  lad's 
necessities.     The  guardians  acknowledged  the  debt  but  pleaded  that  the 
estate  could  not  pay  unless  the  city  liquidated  its  debt  and  returned  the 
principal,  or  at  least  paid  Harberding's  claim  on  account.     Singularly  enough, 
"  Uppon  hearing  the  debates  of  both  Parties  the  Worshipp1.1  Court  did  decree 
and  order  that  the  def  L.s  [Ten  Eyck  and  Roeloffsen]  should  pay  [out  of  their 
own  funds]  the  s^   debt  to  the  P!fc  [Harberding]  within  the  space  of  three 
Months,  and  that  the  s?  boy  shall  worke  it  out  till  the  Def1?  be  repaid,  and 
Concerning  the  def1.8  further  desire  the  Court  do  referre  them  to  his  honnf 
the  GovT  unto  whom  it  properly  doth  belong."     Accordingly,  as  the  council 
minutes  show,  they  preferred  a  petition  to  Governor  Lovelace.     However, 
the  principal  continued  unpaid  and,  meanwhile,  the  province  was  retaken 
by  the  Dutch.     On  June  26,   1674,  the  guardians  requested  the  court  of 
schout,  burgomasters  and  schepens  for  payment  of  the  two  thousand  florin, 
sea  want,  "  lent  in  the  year  1664  to  the  City  on  interest,  according  to  the  j 
bond  signed  by  the  Burgomaster  etz.     Whereupon  the  W.  Court  answered  j 
them,  that  they  shall  speak  to  the  Governor  [Colve]  to  make  the  matter  as  j 
sure  as  possible  for  the  advantage  of  the  Orphans  "  [sic]. —  Records  of  New  \ 
Amsterdam,  vol.  6,  pp.  38-39,  138,  170,  282,  284,  288;  vol.  7,  p.  104;  AT.  Y.  , 
Colonial  MSS.,  vol.  22,  p.  6;  Minutes  of  the  Orphan  Masters  of  New  Amster-  \ 
dam,  vol.  i,  p.  95. 


Executive  Council  Minutes  113 


to  have  Moneys  due  unto  them  [84]  &  others  detayning 
Publick  Moneys  in  their  hands,  wch  probably  might  bee 
sufficient  to  make  Satisfaction  for  all  just  Dues;  To  ye  end 
a  right  Vnderstanding  may  bee  had  hereupon,  the  Governor 
&  Councell  have  thought  fitt  to  Order  that  Commission1? 
shall  in  some  short  time  bee  appointed  to  view  &  state  all 
Accof.s  either  of  the  West  India  Company  or  the  Towne,  as 
to  their  Debit  &  Credit,  &  make  Report  thereof  how  they 
shall  finde  the  same  to  the  Governor  who  will  then  give 
such  further  Order  thereupon  as  shall  bee  most  conso- 
nant to  Justice  &  good  Conscience.  In  the  meane  time 
the  Peticoners  are  to  suspend  any  further  Suite  upon  this 
Occasion. 

The  Comn?  to  bee  — 
Mr  Tho:  Lovelace.1     Mr  Jones  V:  Brugh  2 
Mr  Corn:  Van  Ruijven.     Mr  Jones  de  Peijster.8 

By  Ordr  &c 

1  Thomas  Lovelace,  a  brother  of  Governor  Lovelace.     He  was  appointed 
an  alderman  of  New  York  City,  October  13,  1671,  and  was  commissioned 
captain  of  a  foot  company  of  Staten  Island,  on  July  i,  1672,  being  confirmed 
therein  on  February  4,  1672/3. — General  Entries,  vol.  4,  pp.  53,  171,  254. 

2  Captain  Johannes  Peterse  van  Brugh. 

'Johannes  de  Peyster  (Peister,  Peijster),  whose  ancestors  were  compelled 
to  leave  France  after  the  massacre  of  St.  Bartholomew,  in  1572,  was  born  in 
Haarlem,  Holland,  where  he  married  Cornelia  Lubbertse,  a  native  of  the  same 
place.  He  was  the  first  member  of  the  family  that  emigrated  to  America, 
and  settled  at  New  Amsterdam,  of  which  he  became  a  schepen  in  1655.  Gov- 
ernor Nicolls  appointed  him  an  alderman  of  New  York  City,  on  June  12, 
1666,  and  he  served  until  August  13,  1668.  Again,  on  June  7,  1669,  Governor 
Lovelace  appointed  him  to  fill  a  vacancy  in  the  board,  of  which  he  continued 
a  member  for  several  terms  thereafter.  Upon  the  resumption  of  Dutch 
sovereignty,  in  1673,  he  became  a  burgomaster;  subsequently,  under  English 
domination,  he  served  as  alderman  (1676),  deputy  mayor  (1677),  and  was 
chosen  mayor  of  the  city,  on  October  15,  1677,  but  declined  the  post. — 
Orders,  Warrants,  Letters,  vol.  2,  pp.  75,  161,  176,  215-216,  430;  Court  of 
Assizes,  vol.  2,  pp.  409,  429,  598;  General  Entries,  vol.  4,  p.  220;  De  Peyster 
and  Watts  Genealogical  Reference.  Poughkeepsie,  1854,  pp.  21,  38-41;  Local 
Memorials  relating  to  tlie  de  Peyster  and  Watts  and  affiliated  Families.  New 
York,  1 88 1,  pp.  36-38. 

[8] 


1 14  Province  of  New  York  [  Dec7I5  ] 


ffrantis  de  )     The  Peticon  of  ffrancois  de  Bruijne  l  being  taken  into 
Brijne.       i  Consideracon,  this  Order  was  made  Viz*  — 

Vpon  ye  Peticon  of  ffrancois  de  Bruijne  against  the 
Inhabit*3  of  Gravesend,  touching  their  neglect  of  making 
up  their  ffences2  according  to  Agreem1,  It  is  Ordered  That 
ye  Examination  hereunto  bee  referred  to  the  next  Court  of 
Sessions,  who  are  to  make  some  Order  [85]  thereupon,  That 
ye  Agreem*  made  between  ye  Parties  above-mentioned  bee 
punctually  observed,  wth  some  Penalty  to  bee  imposed  on 
them  who  are  or  shall  bee  in  default. 

By  OrdT  &c 

Breucklyn        The  Peticon  from  Breucklin,  about  a  Lott  there  con- 
fiscated to  the  Duke,3  —  had  an  Order  as  followeth. 

1  Francois  de  Bruyn  alias  Francis  Brown,  who  had  removed  to  New  Utrecht, 
L.  I.,  in  1663,  owned  a  farm  there  "  commonly  called  ye  Turcks  Plantacon," 
for  which  he  had  obtained  a  patent  from  Governor  Nicolls,  on  June  n,  1667. 
He  sold  this  land,  March  18,  1671/2,  to  Barent  Joosten,  of  Bushwick,  and 
Jan  Hansen,  of  Flatbush,  for  which  his  widow,  Anna  de  Sille,  gave  a  quit 
claim,  on  April  n,  1676,  hi  which  month  she  received  a  pass  for  herself  and 
twelve  children  to  sail  for  London.  He  had  several  disputes  with  the  town 
of  Gravesend  over  his  land  rights  and,  in  August,  1669,  lodged  a  complaint 
with  Lovelace  for  molestation  in  the  ownership  of  a  parcel  of  meadow  belong- 
ing to  his  farm,  which  Gravesend  claimed  as  of  right  belonging  to  that  town. 
The  case  was  taken  to  the  court  of  assizes  hi  November,  in  which  he  was 
defendant.  He  was  given  a  verdict  by  the  jury,  but  an  appeal  was  granted 
and  the  jury's  verdict  was  disannulled.  A  commission  having  been  appointed 
to  survey  the  land  in  controversy,  reported  to  Lovelace,  who  awarded  to  the 
town  of  Gravesend  two-thirds  and  to  Bruyn  one-third  of  the  meadow,  in 
April,  1670.  On  March  7,  1669/70,  he  and  a  company  of  associates  were 
given  a  monopoly  of  catching  porpoises  in  and  about  New  York  Bay,  for  a 
term  of  twelve  years.  After  the  sale  of  his  plantation  at  New  Utrecht,  he 
seems  to  have  resided  at  Flatbush.  Upon  the  recapture  of  New  York  by 
the  Dutch,  he  was,  on  August  — ,  1673,  appointed  secretary  of  the  district 
of  the  six  towns  on  Long  Island  which  had  submitted  to  the  new  authority. — 
Deeds,  vol.  i,  pp.  101-102;  Orders,  Warrants,  Letters,  vol.  2,  pp.  405,  518; 
Court  of  Assizes,  vol.  2,  pp.  210-213,  414,  428,  483,  494,  551;  Brodhead. 
Hist,  of  N.  Y.,  vol.  2,  p.  214.  See  sketches  in  Bergen.  Kings  Co.  Settlers, 
pp.  86-87;  N.  Y.  Geneal.  and  Biog.  Record,  vol.  10,  pp.  35,  85-86. 

1  Collateral  and  Illustrative  Documents,  No.  LVIII. 

1  Collateral  and  Illustrative  Documents,  No.  LIX. 


Executive  Council  Minutes 


Vpon  ye  Peticon  of  ye  Inhabit1."5  of  Breucklin  about  a  Lott 
of  Land  in  their  Towne  heretofore  belonging  to  Charles 
Gabry,  but  since  confiscated  to  his  Royall  Highness; l  It  is 
Ordered  that  it  bee  referred  to  ye  next  Court  of  Sessions  to 
make  Enquiry  into  the  value  of  the  Premisses,  soe  that  it 
may  bee  made  over  to  the  Towne  for  their  Convenience, 
they  paying  some  yearly  Rent  Charge  or  Quit  Rent  to  bee 
reserved  thereupon. 

By  Ordr  &c: 

.      £  iff 

A  Peticon  from  Newtowne  about  their  Bounds  between   Newtowne. 
them  &  Boswick,2  upon  which  this  Ordr  went  forth  — 

Vpon  the  Peticon  of  ye  Inhab1.8  of  Newtowne  that  some 
indifferent  Persons  might  bee  appointed  to  view  &  Lay  out 
the  Bounds  between  [86]  them  &  their  Neighbor  of  Bos- 
wijck;  It  is  Ordered  That  on  each  part  they  bring  in  their 
Patents  or  prtences  to  the  next  Court  of  Sessions,  who  are 
to  make  Enquiry  thereinto,  &  to  make  Report  of  their  Judg- 
ments therein  to  ye  Governor/ 

By  Ordr  &c: 

Fredrick  Lubberts  3  &  Mons?"  Heynelle,4  the  Agreem* 
made  between  them  &  confirmed  by  the  Governor  to  bee 
Observed.5 

Staten  Island  Settlem1,  to  bee  further  considered  of  by  the 

1  On  this  confiscated  land  of  Charles  Gabry  (Gabrije),  see  Stiles.  Hist,  of 
the  City  of  Brooklyn,  vol.  i  (1867),  pp.  82-83. 

J  Collateral  and  Illustrative  Documents,  No.  VIII. 

1  Fredrick  Lubbertsen,  of  Brooklyn.  On  his  landholdings  and  for  sketches, 
see  Stiles.  Hist,  of  City  of  Brooklyn,  vol.  i,  pp.  63-69;  Bergen.  Kings  Co. 
Settlers,  p.  194. 

« Captain  Michiel  Heynelle  (Michael,  Michiell,  Michil  Hainelle,  Haynell), 
of  Bedford  (Brooklyn),  whose  wife  was  Hendrika  Strokels.  On  February  3, 
l672/3,  he  was  granted  a  license  "  to  sell  Wine  or  Strong  Liquo1.3  by  Retayle  " 
in  his  house  in  Brooklyn. —  General  Entries,  vol.  4,  p.  256;  Stiles.  Brooklyn, 
vol.  i,  pp.  49,  427;  Bergen.  Kings  Co.  Settlers,  p.  130. 

•Collateral  and  Illustrative  Documents,  No.  LX. 


1 1 6  Province  of  New  York 


Governor;  only  ye  Names  of  those  who  have  Lotts  given 
them,  to  bee  affixt  publickly  within  a  certaine  time  to  bee 
given,  by  the  which  they  are  to  ffence  in  their  Home  Lotts. 
The  time  allotted  the  first  of  May./r 1 

Encouragement  for  ye  ffrench  MinistV  who  proposes  to 
bring  over  some  ffamilyes  of  Protestants  at  his  returne  back 
hither,  hee  being  designed  into  Europe. 

His  Proposalls  are  approved  of,  &  hee  to  have  all 
Encouragem* 3 

About  ffencing  of  Towne-Lotts  &c: 

That  every  one  bring  in  their  prtences  to  any  Ground  or 
Lott  in  or  about  the  City,  by  ye  first  or  second  day  of  March 
next,  when  they  are  to  bee  enjoyned  to  ffence  [thesje:  & 
build.4 

[87]  About  ye  Militia  of  ye  City  a  third  Company  is  to  bee 
made,  &  that  an  OrdF  bee  sent  forth  to  the  Officers  to  repre- 
sent the  Names  of  some  Persons  for  to  bee  Officers  in  the 
New  Company.5  The  Troope  of  Horse  to  bee  further 
considered  of.6 

Cap*  Wilkins  7  his  ffine  to  bee  remitted  J. 

The  Ord?5  about  ye  Murder  made  here  &  at  New  Jersey, 
read.8 

Mr  Delavall  declared  what  past  at  the  making  the  peace 
at  Albany  between  the  Indyans.9 

It  is  Ordered,  That  whatsoever  M?  Delavall  &  the  Com- 
mission™ have  done  in  making  of  the  peace  between  the 

1  Collateral  and  Illustrative  Documents,  No.  XXXI. 
1  Rev.  Jacques  Roullaud. 

1  Collateral  and  Illustrative  Documents,  No.  LXI. 
4  Collateral  and  Illustrative  Documents,  No.  I,XII. 

s  Collateral  and  Illustrative  Documents,  No.  LXIII.  See  also  Records  of 
New  Amsterdam,  vol.  6,  p.  357. 

•  Collateral  and  Illustrative  Documents,  No.  LXIV. 
7  Captain  William  Wilkins,  of  Gravesend. 

•  Collateral  and  Illustrative  Documents,  No.  LIV. 

•  Compare  Collateral  and  Illustrative  Documents,  No.  XIX. 


[1672    1 
LJan.  nj 


Executive  Council  Minutes 


117 


Maques  &  Mahicanders  *  is  very  well  approved  of,  &  hee 
hath  thanks  given  him  for  his  Care  &  paines  therein. 

About  Youncker  Voschs  Estate,2  That  it  bee  secured  in 
the  best  manner  it  can  bee  untill  some  way  can  bee  proposed 
for  its  Disposal,  wch  is  referred  to  ye  Court  of  Sessions,  to 
make  Report  thereof  to  the  Governor 


Pres* 


[88]  At  a  Councell  held  &c: 
Jan:  ii1.*1  1671. 


The  Governor 
Mr  Delavall 
Mr  Steenwijck 
The  Secretary. 

The  Mattr  in  difference  is  upon  the  Peticons  of  Mr  Badgard,3 

1  Mohawks  and  Mahican.  The  latter  were  also  called  River  Indians,  North 
Indians,  Northern  Indians  and  by  the  French  name  of  Loups.  See  Handbook 
of  American  Indians,  pp.  786-789;  Ruttenber.  Indian  Tribes  of  Hudson's 
River.  Albany,  1872. 

'Collateral  and  Illustrative  Documents,  No.  LXV.  Balthazar  de  Vosch, 
of  Flatlands,  L.  I.,  fled  the  country,  leaving  behind  him  a  number  of  debts, 
shady  transactions  and  a  complicated  estate.  His  wife,  having  been  granted 
a  pass,  on  July  4,  1670,  to  go  to  Holland  in  the  ship  "  Fame,"  left  his  affairs 
unsettled,  and  on  October  21,  1670,  Captain  Elbert  Elbertsen  and  Jacob 
Strycker  were  appointed  as  trustees  to  take  possession  of  his  estate.  He 
was  called  also  Joncker  Vosch  in  the  records. —  Court  of  Assizes,  vol.  2,  p.  562 ; 
Collections  of  N.  Y.  Hist.  Society,  1892,  p.  12;  Records  of  New  Amsterdam, 
vol.  6,  p.  217.  See  sketch  in  Bergen.  Kings  Co.  Settlers,  pp.  381-382. 

'Thomas  Badgard  or  Badgord,  was  a  merchant  of  New  York  City,  who 
died  intestate  in  1672.  The  administrators  of  his  estate,  on  October  21, 
1672,  appointed  William  Crichlow  "  as  a  Trustee  "  entrusted  with  the  settle- 
ment of  "  some  Concernes  "  of  Badgard  in  Barbados  and  the  island  of  Jamaica. 
At  the  mayor's  court  of  New  York  City,  March  19,  1671/2,  Thomas  Walker 
was  non-suited  for  not  appearing  after  his  suite  against  Badgard  had  been 
put  over  from  time  to  time,  and  was  ordered  also  to  pay  the  costs. — Collections 
of  N.  Y.  Hist.  Society,  1892,  p.  26;  General  Entries,  vol.  4,  p.  222;  Records 
of  New  Amsterdam,  vol.  6,  pp.  342,  365. 


1 1 8  Province  of  New  York  ban.7an] 


Mr  Ripley,1  &  M?  Darvall2  against  M^  Walkers3  Bond  given 
at  Jamaica,  wth  Mr  Christopher  Davis,  &  Mr  Ripley  to 
returne  thither  in  {February  next.4 

The  Two  Depositions  Attested  at  Boston,  the  one  that 

Mr  Davis  paid  ten  pound  odd  money  for  Mr  Walker,  &  the 

other  that  hee  gave  Bond  for  29^  19?  for  Porke  wch  M? 

An  Ordr  to]  Walker  had  before  his  Vessell  went  into  the  Bay  of  Cam- 

the  w°h  to  [pechio  being  taken  into  Consideracon,  It's  thought  reason- 

referr.        j  ^^  That  hee  pay  the  said  two  Suiries  here  to  Mr  Darvall 

as  Attorney  of  M?  Badgard  Mr  Davis  his  Attorney,  or  give 

Security  to  pay  the  same  at  Jamaica;    Mr  Darvall  obliging 

himselfe  to  save  Mr  Walker  harmlesse,  &  repay  the  same 

if  M?  Davis  hath  not  paid  ye  said  Sumes,  or  hath  been  satis- 

fyed  otherwise. 

As  to  the  Bond,  That  the  Pinck  5  shall  returne  to  Jamaica, 
in  the  wch  Mr  Ripley  &  Mr  Davis  are  bound  wth  M?  Walker, 
It  is  likewise  thought  fitt,  that  Mr.  Walker  sha[ll]  take  Mr 
Ripley  on  [89]  board  w1.11  him  his  Voyage  to  Virginia,  & 
from  thence  to  Jamaica,  directly;  for  ye  Prosecucon  of  the 
which  Voyage,  &  to  save  his  Security  M?  Davis  &  Mr 

1  William  Richard  Ripley,  generally  Richard  Ripley  for  short,  was  com- 
mander of  the  pinck  called  "  ye  Batchelours  Delight,"  trading  between  New 
York  and  the  island  of  Jamaica.  Thomas  Walker  sued  Ripley  at  the  mayor's 
court  of  New  York  City,  October  28,  1671.  He  declared  that  Ripley  was 
41  indebted  unto  him  for  provisions  &  Tooles  Delivered  for  the  Compechio 
[sic]  Voyage  to  the  pinck  Batchelors  delight  "  and  "  alsoo  for  the  Intrest  of 
the  s*?  monny  Laid  out  for  the  s<?  provisions  &  Tooles  and  for  the  Losse  of 
three  Boats  as  p*  account  the  sume  of  £128:  n:  3  Sterlingh,"  for  which  he 
asked  judgment  with  costs.  The  jury  found  for  Walker;  the  court  concurred, 
and  an  execution  was  issued  out  on  November  24,  1671.  Ripley,  however, 
left  the  province  in  1672  "  without  satisfying  the  s1?  Execution." —  General 
Entries,  vol.  4,  p.  52;  Records  of  New  Amsterdam,  vol.  6,  pp.  341,  378. 

•  William  Darvall. 

1  Thomas  Walker,  merchant  of  London,  and  half  owner  of  the  "  Batchelours 
Delight." 

« Collateral  and  Illustrative  Documents,  No.  LXVI. 

•  The  reference  is  to  the  ship  named  "  Batchelours  Delight." 


Opposite  p.    i  19. 


r-»|v  »r-  * 

>if*VJ_*  r^wS] 

•aTsvTxS&Sy      ,^ 


/ 


DRAUGHT  OF  LAND  IN  DISPUTE  BETWEEN  PELL  AND  RICHBELL 

(Reduced  from  6Vs  by  Wt  inches.) 


Executive  Council  Minutes  i  ig 


Ripley  harmlesse,  hee  shall  enter  into  an  Obligation  to 
Ripley  engaging  his  Ship   &  person  for  the  same.1 


At  a  Councell  held  at  ye  Fort 

Janr.y  1 8^  1671. 
Present 

The  Governor 
Mr  Delavall 
Mr.  Steenwijck 
The  Secretary. 

The  Mattr  under  Consideracon  was  ye  difference  between 
Mr  Pell  &  Mr  Richbell.2 

The  Commission"  Papers  delivered,  Sealed  up,  were  now 
opened  and  read. 

Cap*  Dudley  Lovelace,  &  Cap*  Jaques  [Cortelyou]  in  a 
manner  Agree,  yet  referr  to  a  Tree  in  the  middle  of  the 
third  Neck,  markt  on  the  one  side  wth  J.  R  Eastward,  on  ye 
Westward  with  T.  P.  wch  would  divide  ye  Meadow  between 
them.^ 

1  Collateral  and  Illustrative  Documents,  No.  LXVI. 

'Collateral  and  Illustrative  Documents,  No.  LXVII.  Thomas  Pell,  of 
Norfolk,  was  an  Englishman  and  adherent  of  the  royal  cause,  who,  in  1654, 
purchased  a  large  tract  of  land,  including  the  town  of  Pelham,  Westchester 
County.  He  died  at  Fairfield,  Conn.,  in  1669,  and  made  his  nephew,  John 
Pell,  only  son  of  Dr.  John  Pell  "  of  ould  England,"  his  heir.  His  plantation 
or  manor  in  Westchester  County  was  known  as  "  Anne  Hooks  Neck,"  and 
he  died  while  the  litigation  with  John  Richbell  was  in  progress.  Singularly 
enough,  Richbell  was  one  of  those  who  were  appointed  to  make  an  official 
inventory  of  Thomas  Pell's  estate,  on  October  13,  1669. —  Brodhead.  Hist, 
of  N.  y.,  vol.  i,  p.  595;  Collections  of  N.  Y.  Hist.  Society,  1892,  pp.  n,  12; 
Court  of  Assizes,  vol.  2,  p.  4233,  550,  562  See  also  Bolton.  Hist,  of  County 
of  Westchester  (1881  edition),  vol.  i,  pp.  468-469;  vol.  2,  pp.  44-49.  Jacob 
Young,  a  resident  of  Pell's  manor,  was  sworn  in  as  constable,  February  z, 
1670/1. —  Court  of  Assizes,  vol.  2,  pp.  639,  641.  Young  later  removed  to 
Phillipsburg  and  was  survived  by  his  wife,  who  was  married  to  John  Tanke.— 
Pelletreau.  Westchester  County  Wills,  p.  388. 


120  Province  of  New  York 


Mr  Elyas  Doughty  declares  positively  of  [90]  MT  Richbells 
Bounds  by  Purchase  to  bee  Stony  Brooke.// 

M?  Ponton  saith,  That  ye  Brooke  men  coned  in  both 
Patents  is  the  same;  &  that  hee  hath  known  the  afore 
named  Cedar  Tree  or  Gravelly  Brooke  to  bee  called  by 
that  name  for  16  yeares.  And  concerning  that  wch  is  now 
called  Stoney  Brooke,  it  was  formarly  called  Chapmens 
Brooke  or  Stoney  Brooke. 

ffrancis  Yeates  *  saith  that  in  his  Judgment  Mr  Pells 
Bounds  comes  to  Gravelly  or  Cedar  Brooke. 

An  Ordr  to]  Vpon  perusall  &  Consideracon  had  hereupon,  two  of  the 
!  Commission?  making  Report,  That  between  the  two  Brookes 
now  called  Stoney  &  Gravelly  Brookes,  there  being  a  Tree 
markt  on  the  East  side  with  J.  R.  &  on  the  West  wth  T.  P. 
from  ye  which  if  there  were  a  Line  run  directly  down  to  the 
Sound,2  It  would  divide  the  Meadow  in  difference  between 
both  Partyes,  &  putt  an  End  to  ye  Mattf  in  question,  & 
neither  of  the  other  three  agreeing  amongst  themselves 
as  to  their  Opinion  of  the  Bounds,  The  GovernoT  being  very 
desireous  of  an  Amicable  Composure  of  the  Matter  between 
both  Partyes,  doth  recommend  the  same  unto  them;  How- 
ever if  either  Party  shall  not  seem  satisfied  herew^,  that 
then  they  have  Liberty  to  proceed  to  a  Tryall  at  a  Speciall 
Co?  according  to  the  Ordr  of  the  last  Gen*?1  Co?  of  Assizes; 
of  their  Resolutions  hereupon  a  speedy  Answr  is  expected, 
that  Order  may  bee  taken  accordingly.3 

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

8  Long  Island  Sound. 

1  Collateral  and  Illustrative  Documents,  No.  LXVII. 


Executive  Council  Minutes  121 


[91]  At  a  Councell  held  in  Fort 

James.  May  y*  17^  1672. 
Present 

The  Governed     1 
Cap*  Delavall 
Mr.  Steenwijck 
Cap*  Willett. 
The  Secretary 

Cap*    Salisburyes  Peticon. 

That  ye  Rent  bee  adjfidged  due  to  ye  Duke  from  the  Publi- 
cation, &  that  it  bee  paid  to  Cap*  Salisbury,  who  alledges 
the  Gift  of  it  from  Colt:  Nicolls.1 

The  Letter  brought  by  Mr  Paine  2  discourst  upon,  Mr. 
Paine  is  desired  to  make  his  own  Proposalls,  of  the  wch  hee 
hath  time  to  consider  a  day  or  two.3 

Hendrick  Jansen's  Busynesse  about  his  Land  hee  hath 
possessed  above  10  yeares.  That  it  bee  confirmed  to  him  to 
dispose  of  as  hee  pleases.4 

Boswijck  &  Newtowne,  ye  Bounds  to  bee  Surveyed  & 
viewed  by  ye  Surveyor  Gena.n,  &  Report  made  thereof  that 
it  may  bee  issued.5 

Schanechtade  Tappers  to  continue  untill  Mr  Delavalls 
&  Cap*  Willetts  6  goeing  up  to  Albany,  who  are  to  examine 
into  ye  MattT 7 

[92]  As  to  Delaware  Busynesse  referred  to  ye  Councell.8 

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

1  Collateral  and  Illustrative  Documents,  No.  XXXVIII. 
» John  Paine. 

8  Collateral  and  Illustrative  Documents,  No.  LXVIII. 
« Collateral  and  Illustrative  Documents,  No.  LXVIII  (a) 
1  Collateral  and  Illustrative  Documents,  No.  VIII. 

•  Thomas  Delavall  and  Thomas  Willett. 

1  Collateral  and  Illustrative  Documents,  No.  LXIX. 

•  Collateral  and  Illustrative  Documents,  No.  LXX. 


122  Province  of  New  York 


Governed  by  a  Bayly  &  six  Assistants  after  the  first  yeare, 
4  old  ones  to  goe  out,  &  4  other  to  bee  chosen  in  their  Places. 
The  Bayley  to  bee  President  &  have  a  double  Vote,  a 
Constable  to  bee  chosen  by  the  Bench. 

To  try  Causes  as  farr  as  io«  without  Appeale. 

As  to  ye  2?  ye  English  Lawes  according  to  their  Desire  to 
bee  Establisht  in  that  Towne  &  River; 

And  ye  Office  of  Schout  to  bee  Converted  into  a  Sheriffe  for 
the  Corporacon  &  River,  &  that  hee  bee  annually  chosen. 

It's  to  bee  further  considered  of,  when  Cap?  Cantwell l 
comes,  if  it  bee  before  Cap*  Carrs  2  goeing  away.^7 

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

Concerning  the  Certificate  about  ye  Whorekill,  That 
Cap*  Carr  shall  have  Instructions  hereupon  at  his  Returne.3 

The  Agreem*  made  by  Mr  Delavall  between  Cap*  Topping4 

1  Captain  Edmond  Cantwell,  whom  Lovelace  had  commissioned,  on  April  i, 
1672,  during  the  governor's  visit  to  Newcastle,  as  "  Captaine  of  ye  ffoot- 
Company  risen  or  to  bee  risen  within  the  Towne  of  New  Castle  in  Delaware 
River  &  parts  adjacent." — N.  Y.  Colonial  MSS.,  vol.  20,  p.  33.  On  August 
2d,  of  that  year,  Lovelace  commissioned  him  "  in  the  Place  of  Schout  to  bee 
High  Sheriffe  hi  New  Castle  and  Delaware  River,  for  the  year  ensueing;" 
and  a  few  days  later,  the  loth,  he  was  empowered  to  collect  the  arrears  of 
quitrents  in  Delaware,  in  place  of  William  Tom,  who  had  held  that  authority 
since  August  10,  1669,  but  resigned. —  General  Entries,  vol.  4,  pp.  184,  185. 

*  Captain  John  Carr. 

•  Collateral  and  Illustrative  Documents,  No.  LXX. 

4  Captain  Thomas  Topping,  of  Southampton,  L.  I.,  who,  on  April  10,  1662, 
purchased  from  the  Shinnecock  Indians  land  lying  west  of  Southampton, 
together  with  one-half  of  the  whaling  profits  and  benefits  of  the  beach  on 
the  south  shore.  Most  of  this  land  was  deeded  to  the  town  of  Southampton, 
on  November  15,  1666,  at  which  time  he  also  conveyed  his  whaling  rights  to 
John  Cooper,  of  the  same  town.  Topping  was  appointed  by  Governor  Nicolls 
a  member  of  his  council  in  1664;  he  became  a  member  of  the  court  of  assizes 
in  1665,  and  the  same  year  was  appointed  a  member  of  the  new  board  of 
commissioners  of  admiralty  for  the  province;  he  was  also  commissioned  by 
Nicolls,  on  July  n.  1666.  as  the  first  member  of  the  newly-created  commis- 
sioners for  Indian  affairs  hi  the  East  Riding  of  Yorkshire. — Deeds,  vol.  2, 


r  1672 

LM 


ay 


Executive  Council  Minutes 


123 


&  ye  Commission1?  for  Indyan  [93]  Affayres  approved  of. 
Their  Commission  to  bee  call'd  in  at  y°  next  Sessions.1 

The  Agreem*  made  by  him  w1.*1  ye  Whale-Men,  securing 
the  Dukes  Interest  at  Oysterbay;  It's  allowed.2 

That  a  strict  Ordr  bee  made  wth  a  Penalty  of  50*1  to  bee 
Levyed,  on  such  as  shall  deceive  the  Duke  of  his  Interest,  & 
2O«  of  it  to  the  Informer. 

Thirteen  Barrells  to  ffinch,3  &  'tother  two  in  Mr  Delavalls 
hands  to  defray  Charges. 

Peter  Jacobs  4  Request  about  taking  in  part  of  a  Loading 
of  Corne  at  New  Jersey,  &  soe  for  Boston,  touching  here, 
&  taking  in  the  rest  of  his  ffreight; 

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

Delaware  Expedition  to  bee  borne  by  the  Publick.f  5 

M?  Nicolls  e  his  Charges  ye  first  Voyage  to  Delaware  to 
bee  borne  out  of  ye  nines  of  the  Long  ffinn.7 

PP-  49*  5°>  54-57»  200-206,  257-258;  Brodhead.  Hist,  of  N.  Y.t  vol.  2,  pp. 
43.  75.  87-  For  an  inventory  of  his  estate,  in  1681,  see  Collections  of  N.  Y. 
Hist.  Society,  1892,  p.  in. 

Collateral  and  Illustrative  Documents,  No.  LXXI.  In  1671,  the  com- 
missioners for  Indian  affairs  were  William  Wells  and  John  Mulford,  justices 
of  the  peace;  Captain  John  Howell,  Captain  John  Young,  Captain  Charles 
Glover,  and  Thomas  Baker.  On  February  23,  1671/2,  Barnabas  Horton  was 
appointed  to  the  vacancy  created  by  the  death  of  Wells. —  Genera}  Entries, 
vol.  4,  pp.  14,  101. 

» Collateral  and  Illustrative  Documents,  No.  LXXII. 

8  John  Finch,  of  Huntington,  L.  I.,  called  "  Goodman  John  Finch/'  He 
died  in  1685,  aged  ninety  years.  For  references  to  him  see  Huntingdon  Town 
Records,  vol.  i  (1887),  pp.  159,  188,  194,  245,  246,  354,  432. 

•  Pieter  Jacobsen. 

•  Collateral  and  Illustrative  Documents,  No.  LXXIII. 

•  Captain  Matthias  Nicolls,  secretary  of  the  council.     He  had  been  appointed 
an  alderman  of  New  York  City  by  Governor  Nicolls,  August  14,  1668,  and 
was  continued  by  Governor  Lovelace,  August   14,   1669,  and  again  until 
October  9,  1670,  when  he  was  appointed  deputy  mayor,  during  the  mayoralty 
of  Thomas  Delavall.     On  October  13,  1671,  he  was  chosen  as  mayor  of  the 
city.     Both  governors  charged  him  with  many  other  trusts. —  Court  of  Assizes, 
vol.  2,  pp.  409,  421,  571,  598;  General  Entries,  vol.  4,  p.  53;  N.   Y.  Colonial 
MSS.,  vol. '22,  p.  108. 

7  Collateral  and  Illustrative  Documents,  No.  XL 


124  Province  of  New  York  [M'a6y7*7] 


Mannings  Peticon  about  Cap*  Blagg  to  bee  con- 
siderd  of,  when  they  are  both  heard.1 

Cockrams  2  Busynesse  to  bee  by  Abatement,  proportion- 
ably  to  pay  ye  Countrey  Rate,  hee  was  accomptable  for.3 

Here  followeth  some  particular  Ord"  about  y8  Conside- 
[ration] 4  afore-written. 
Cap*  Saiis-1     [94]  The    Matter    in    Difference    between    Cap.1    Silvestr 


&  I- Salisbury  &  fFredrick  Gijsberts,5  having  long  depended, 
berts  j  It  being  about  Rent  Claymed  by  Cap*  Salisbury  from  ye  sd 
fFredrick  Gijsberts  for  a  certaine  confiscated  House  in  the 
Stone  Street  granted  by  Governor  Nicolls  to  the  said  Cap^ 
Salisbury;  The  Premisses  being  taken  into  Consideracon, 
It's  adjudged  that  the  Rent  of  the  said  House  is  to  bee  paid 
to  Cap1  Salisbury  from  the  time  of  the  Publication  of  the 
Confiscation  thereof,  although  before  ye  Date  of  his  Patent, 
In  regard  it's  thought  to  bee  the  Intent  of  the  late  Governor; 
And  the  Tenant  ought  not  to  pay  the  Rent  after  ye  said 
Publicacon  to  any  other  then  whom  ye  Governor  should 
direct. 

By  Ordr  &c: 

Maryland  |     Vpon  Consideracon  had  of  a  Certificate  brought  by  Cap1 
«MThei .     I  Tn?  Carr  from  New  Castle  in   Delaware  River  about  ye 

Whorekill    j  J  J 

prtences  from  Maryland  to  ye  Whore-Kill,  &  their  sending 
Surveyed  to  lay  out  Land : 6  without  the  Consent  or  Approba- 
tion of  the  Officers  there  under  ye  Protection  of  his  Royall 

1  For  the  details  of  this  case  see  infra,  minutes  of  May  20.  Captain  John 
Manning  was  at  this  time  high  sheriff  of  Yorkshire,  serving  in  that  office 
from  September  7,  1671,  in  succession  to  Robert  Coe,  until  June  30,  1673. 
His  petition,  evidently,  was  directed  against  Captain  William  Blagg. — 
General  Entries,  vol.  4,  pp.  26,  129,  201. 

•  John  Cockram. 

•  Collateral  and  Illustrative  Documents,  No.  XXXII. 
4  Original  mutilated. 

•Collateral  and  Illustrative  Documents,  No.  XXXVIII. 

•  Collateral  and  Illustrative  Documents,  No.  LXX. 


r  1672  1 

LMay  I7J 


Executive  Council  Minutes 


125 


Highness,  who  withstood  their  Proceedings  therein,  It  is 
Ordred  That  ye  Magistrates  there  bee  vindicated  in  what 
they  have  done,  to  whom  a  Letter  of  Thanks  is  to  bee  sent, 
&  it  is  likewise  expected  that  they  continue  in  their  [95] 
Observance  of  such  Ord1?  &  Directions  as  they  shall  receive 
from  this  his  R:  Highness  Governm*  &  none  other,  untill 
his  Ma'i68  or  his  Royall  Highness  Pleasure  bee  signifyed 

to  the  contrary. 

By  Ordr  &c: 

Vpon  ye  Peticon  of  Hendrick  Jansen  of  Mashpeth-Kills,  fHendrick 
that  hee  might  have  a  Confirmacon  of  a  piece  of  Land  j  Jfnsen.j°f 
graunted  him    there  by  the   Dutch  Governor,  the  wch  for  i  Kills  his 
severall  yeares  hee  had    Possessed   and   manured,   in   like  |  Land  Co 
manner  as  other  his  Neighbo"  have  had,  who  were  seated  L 
there  by  Ordr  from  ye  Governor,  It  is  Ordered,  That  the 
said  Land  bee  Confirmed  unto  him  to  dispose  of   at  his 

Pleasure. 

By  Ordr  &c:  l 


A  Peticon  from  ye  Inhabit1.8  of  Boswijck  being  taken  i 
^        .,        ~  ,   J    .       ,  .     , 

Consideracon,  wherein  they  request  that  some  period  may 

bee  putt  to  ye  difference  between  them  &  Newtowne,  about 
their  Bounds  &  Limitts,  concerning  the  wch  there  hath  been 
soe  long  Controversy  &  Dispute,  It  is  Ordre'd  [96]  That  ye 
Bounds  in  question  shall  bee  viewed  &  Survey'd  by  the 
Surveyor  Gena",2  and  Report  made  thereof  to  ye  Governo1", 
that  the  Mattr  in  difference  may  at  length  bee  issued,  &  noe 
farther  Dispute  bee  had  upon  the  same.8 

By  Ordr  &c: 

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

•  Jacques  Cortelyou. 

»  Collateral  and  Illustrative  Documents,  No.  VIII. 


I  Inhabit'5 


126  Province  of  New  York  [Ma6y7220] 


At  a  Councell  in  ye  Fort  &c: 

May  ye  20^  1672. 
Present    The  Governor 
Mr  Steenwijck 
The  Seer. 

At  ye  Request  of  Cap*  Blagg  1  &  ye  Peticon  of  Cap^  Jn? 
Manning,  their  Difference  was  taken  into  Consideration. 

Cap*  Blaggs  Request  first  read. 

His  first  Offence  not  to  bee  called  in  question,  neither  for 
carrying  away  ye  Souldyer,  nor  firing  at  the  fFort,  but  at 
Mr  Delavalls,  It  [be]ing  past  by  at  his  last  being  here. 

[97]  Cap*  Manning  brings  in  his  Complaint  for  Cap*. 
Blaggs  Ship  not  firing  at  her  last  goeing  out,  of  which  hee 
saith  hee  was  a  Wittnesse,  together  wth  Philip  Johns  2  & 
severall  others  upon  the  Wall  &  Bastion.// 3 

Cap*  Blagg  stands  in  his  Justification  &  offers  to  prove, 
that  hee  call'd  his  Men  to  take  Notice  that  hee  Strooke, 
&  Ordered  5  Gunns  to  bee  ffired  towards  the  Kings  fflagg, 
&  that  Mr  Wasslyn  4  &  Mr  Dyer  5  were  present. 

That  Proofe  to  bee  Examined  into. 

The  carrying  away  Bartholmew  Salter  the  Souldyer  is 
laid  to  his  Charge. 

Hee  referrs  to  his  Papers. 

It  was  reported  hee  was  Concealed,  &  received  on  board, 
as  was  said  by  two  of  his  Seamen,  named  John  Harris  & 
James  Westmore,  but  hee  heard  not  of  it  till  they  had 
receiv'd  their  Pay  &  were  discharged  in  Holland.// 

>  William  Blagg. 

1  Haven  master  of  the  port  of  New  York. 

*  Fort  James. 

4  Wasslyn  was  commander  of  the  ketch  "  Rebeckah,"  sailing  between  the 
American  colonies. —  General  Entries,  vol.  4,  p.  80  (December  28,  1671). 

6  William  Dyer  or  Dyre,  son  of  Captain  William  and  Mary  Dyre.  For  a 
sketch  of  him  see  American  Historical  Register,  vol.  i,  pp.  37-43. 


tiffU  Executive  Council  Minutes  127 

The  Mate,  Doctor,  &  Boatswaine  of  the  Ship,  offer' d 
to  Justify  before  Cap*  Manning  what  Bat:  Salter  swore 
before  ye  Justice,  &  that  Batt  Salter's  Note  was  soe  delivered 
on  board  as  is  alledged. 

If  Mr  Wasslyn  &  M?  Dyer  doe  Averr  upon  Oath  what  is 
alledged  by  Cap*  Blagg,  hee  is  to  bee  declared  free  as  to  that 
particular. 

[98]  And  y6  three  Persons  offering  to  take  their  Oaths 
before  Cap*  Manning  who  is  ye  Accuser  when  Blagg  was 
first  questioned  to  ye  Truth  of  Bat  Salters  delivering  the 
Note  on  board  to  Cap**  Blagge,  &  taking  his  Oath  before 
the  Justice,  as  in  the  Paper  is  Certifyed,  It's  lookt  upon  hee 
is  cleare  as  to  that  particular  likewise  of  his  Voluntary  carry- 
ing away  (or  concealment)  of  him  before  his  Discovery. 

Mr  Dyer  &  Mr  Waslyn  being  present  afterwards  were 
enquired  of,  what  they  knew  hee  spake  on  board  about  his 
Striking  or  not,  &  ffiring  at  the  ffort. 

They  both  acknowledge  to  have  heard  him  say  soe  at  that 
time,  &  that  the  ffort  was  all  open  to  the  Ship  before  hee 
spake  to  his  Men,  &  that  hee  did  strike  his  Top-Sailes,  & 
ffired  5  Gunns;  the  which  They  are  ready  to  testify  upon 
Oath;  Which  Declaration  is  accepted  of. 

Hereupon  Cap*  Blagg  is  adjudged  according  to  the  Testi- 
monialls  to  bee  free  &  acquitted  of  the  Accusacon,  &  is  at 
his  Liberty;  Soe  may  have  a  Passe  to  Transport  himselfe 
out  of  these  his  Royall  Highness  his  Territoryes  where  hee 
pleases. 

[99]  At  a  Councell  Extraordinary 

May  24*.h  1672. 
Present 

The  Governo? 
Mr  Delavall 
Mr  Steenwijck 
The  Secretary. 


1 28  Province  of  New  York  [M'a6y7224] 


Utter  from)  The  Occasion  of  ye  Meeting,  a  Letter  brought  yesterday 
his  Ma**6  f  by  Mr  Sharpe  *  by  the  way  of  Boston,  from  his  Ma*6  Signed 
by  the  Lord  Arlington.2  Dated  March  ye  10^  i6j%.3 

The  first  part  of  the  LettT  taken  into  Consideration,  That  by 
reason  of  ye  Troubles  like  to  bee  in  Europe,  Care  bee  taken 
for  ye  most  Seasonable  &  safe  time  for  Ships  goeing  from 
hence  homewards,  viz*  Mar:  ye  24^  June  24^  &  Sep- 
temb?  ye  24^ 

The  day  above-written  his  Ma1'.68  Lett?  being  receiv'd  & 
read  in  Councell  wth  all  Respect  &  Humility. 

In  Obedience  thereunto,  It  is  Ordered,  That  his  Ma11.68 
Commands  therein  in  relation  to  ye  Navigation  of  Vessells 
from  this  Port  for  Europe  shall  bee  duely  &  punctually 
observed  according  to  the  tenor  of  his  Ma11.68  Gracious  LettT  4 

That  having  at  this  prsent  time  one  only  Ship  wch  hath 
already  had  her  Dispatches,  &  for  severall  dayes  since  is 
gone  out  of  the  Port,  &  none  other  expected  to  bee  ready 
to  beare  her  Company  in  soe  short  time  as  the  24^  of  June, 
being  also  willing  to  re[turne]5  an  Answr  [100]  of  the  Recep- 
tion of  his  Ma*63  Gracious  Letter,  &  readynesse  to  observe 
the  Directions  therein,  It  is  thought  convenient  ye  said  Ship 
should  proceed  on  her  Voyage.  And  for  the  Security  of 
Ships  after  they  come  here,  wch  his  Ma11.6  doth  recommend, 
That  all  Care  shall  bee  taken  &  besides  the  ffbrt  6  a  Battery 
in  ye  most  convenient  Place  of  the  City  shall  bee  made,  to 
secure  all  Ships  in  the  Road. 

To  prvent  all  suddain  Incursions  or  Attacques  of  this 
place  or  Colony  by  an  Enemy,  (wch  is  the  last  Clause  of  the 


1  John  Sharpe. 

•  Sir  Henry  Bennet,  Earl  of  Arlington,  English  secretary  of  state. 
»  Collateral  and  Illustrative  Documents,  No.  LXXIV. 

'Ibid. 

•  Original  mutilated. 

•  Fort  James. 


Executive  Council  Minutes  129 


Kings  Letter,  &  left  to  best  discretion)  It  is  resolved,  That 
the  whole  Governmt  shall  bee  putt  into  a  posture  of  Defence 
in  the  best  manner  that  they  are  capable  of,  which  shall  bee 
taken  into  farther  Consideration;  &  the  Governor  will 
please  to  propose  a  Modell  thereof.1 

Cap*  Haselwood  2  not  to  depart  before  Monday,  by  which 
time  his  Dispatches  shall  bee  ready  in  Answer  to  his 
Letters.*  3 

An  Answ?  to  a  LettT  sent  by  ye  Governor  to  Major  GenaU  [ 

T  J      c  •         r»        -J  Leverets 

Leverett,  read,  &  taken  into  Consideration. 

The  Copie  of  ye  O'riginall  from  ye  Governor  first  read, 
then  the  Answer. 

They  are  both  Ordered  to  bee  Recorded.4 

[101]  At  a  Councell  held  at  Fort 
James,  June  y6  10^  1672. 
Present 

The  Governor 

MT  Delavall 

Mr  Steenwick 

The  Secretary. 

The  first  Matter  taken  into  Consideration  is  the  Irruption 
at  New  Jersey,   &  Difference  between  Governor  Carterett,5]^011  atN 
&  Cap?  James  Carterett.6  LJersey' 

>  Collateral  and  Illustrative  Documents,  No.  LXXV. 

*  Captain  Clay  borne  Haselwood,    commander    of    the    ship    "  Justice    of 
London." 

» Collateral  and  Illustrative  Documents,  No.  LXXIV. 

*  Collateral  and  Illustrative  Documents,  No.  LXXVI. 

*  Philip  Carteret. 

•Captain  James  Carteret,  instigator  of  the  "irruption,"  was  a  legitimate 
younger  son  of  Sir  George  Carteret;  but  a  weakling  and  a  rake,  yet  of  "  good 
understanding."  He  married,  in  1673,  Frances,  daughter  of  Captain  Thomas 
Delavall.  For  personalia  see  Riker.  Revised  History  of  Harlem  (1904), 
pp.  322-323,  359-36o.  809,  810-811;  Baetjer.  Carteret  and  Bryant  Genealogy, 

[9] 


130  Province  of  New  York 


A  Draught  of  a  Letter  from  ye  Governor,  proposed  to  bee 
sent  to  Cap*  James  Carterett,  read  &  allowed  of  to  bee 
Engrossed  &  sent. 

The  Direction  to  bee  to  Cap*  James  Carterett,  &  to  those 
others  whom  hee  shall  think  fitt  to  Communicate  it  to.ff 

Cap*  Dudley  Lovelace  to  bee  the  Messeng?,  &  an  Answer 
to  bee  desired  in  Writing  at  his  Returne.1 

Cap*  Can-       The  next  about  Cap*  Carr  &  Delaware,  The  Ord?  made 
ware  '        last  Councell  about  ye  Towne  2  &  River  3  to  bee  allowed  & 
sent,  a  4 

The  Continuance  of  ye  Garrison  in  Pay  taken  into  Con- 
sideracon,  whither  there  is  any  Occasion  for  them  or  noe 
any  longer. 

That  they  continue  as  they  are  till  farther  OrdT 
Whore-Kill.      The  Whore-Kill  Returne  &  Comp^  5 

To  advize  wth  Mf  Cousturier  6  &  [C]ap*  Carr  about  ye 
Officers,  &  about  the  others  [of]  ye  Gover[nm]ent  [102]  there 
to  bee  vindicated.^/ 

New  York,  1887,  pp.  6-7;  Brodhead.  Hist,  of  Nt  Y.,  vol.  2,  pp.  177,  189-190. 
For  contemporary  records  on  the  rebellion  see  New  Jersey  Archives,  vol.  21. 
pp.  32,  ff. 

1  Collateral  and  Illustrative  Documents,  No.  LXXVII. 

2  Newcastle. 

*  Delaware  River. 

•Collateral  and  Illustrative  Documents,  No.  LXX. 


9  Henry  or  Hendrick  Cousturier  (also  Casturier,  Cousterie,  Coutrie  in  the 
records)  was  one  of  the  burgomasters  at  the  Delaware  who  swore  allegiance 
to  English  rule,  October  i,  1664.  He  and  his  wife,  Elizabeth,  were  residents 
there  at  the  time  of  the  Dutch  surrender,  and  seem  to  have  become  temporary 
residents  of  New  York  City  soon  thereafter,  returning  to  the  Delaware  in 
1669,  where  he  had  a  lot  on  the  strand  hi  Newcastle.  Cousturier  was  given 
letters  of  denization,  on  July  8,  1672,  and  a  passport,  on  July  i6th,  to  go  to 
England  and  Holland,  "  having  severall  Occasions  wch  call  him  into  Europe 
for  the  securing  of  his  Estate  &  ffortune  in  those  parts  "  and  "  to  withdraw 
his  Estate  out  of  any  of  those  parts,  not  hi  league  wth  his  Ma1?6  nor  under 
his  allegiance,  wth  Intent  to  returne  hither  about  his  Occasions  to  his  ffamily 
&  Relacons."  —  General  Entries,  vol.  i,  pp.  60,  156;  vol.  4,  pp.  45,  162,  171- 
172;  Deeds,  vol.  4,  p.  87;  Records  of  New  Amsterdam,  vol.  6,  pp.  176-17?- 


LrJnZ2io]  Executive  Council  Minutes  131 


The  Returne  from  Kingston./  Kingston. 

Cornelijs  Wijncoop  l    &  Joost  Adriaensen,2   to  come  in 
New  Commissaryes./ 

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

The  Peticon  of  Mad-nans  Neck  being  considered  off,  It  jMad-naas 
having  been  by  ye  Court  of  Assizes  referred  to  the  Sessions    '**«*• 
Court  of  Jamaica  formerly  to  enquire  what  was  done  therein 
there,  &  give  ye  Governor  Acco*  of  it 

Matinicok  Petition  about  Commanage  to  bee  taken  into  Matinicock 
Consideration,  when  it  shall  bee  discourst  of  wth  those  of 
Hempstead,    &  M?  Paine,    &  Terry; 3  In  the  mean  time 
Nothing  to  bee  done  to  their  prjudice.4 

The  Widdow  Nevius  5  Peticon  about  ye  fferry  to  have  her  The 

.  r  J  J  Widdow 

time  renewed  for  six  yeares.  Nevius. 

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

1  Cornells  Wijncoop,  Wyncoop,  Wynkoop,  and  other  forms,  was  formerly 
a  resident  of  Albany. —  Schoonmaker.  Hist,  of  Kingston,  p.  494;  Early 
Records  of  Albany  (Pearson),  pp.  17,  404,  508;  Ulster  County  Probate 
Records,  vol.  i,  pp.  32,  38;  Wynkoop  Genealogy,  3d  edition  (N.  Y.,  1904), 
pp.  9,  ff. 

8  Also  called  Joost  Adriaensen  Vermeulen.  He  was  of  Pynaker  in  Holland. 
For  his  family  history,  wills,  etc.,  see  Ulster  County  Probate  Records,  vol.  i, 
pp.  29,  30;  Collections  of  N.  Y.  Hist.  Society,  1892,  p.  69;  Records  of  Ref. 
Dutch  Church  (New  York),  p.  29;  Olde  Ulster  (magazine),  vol.  i,  p.  350. 

8  John  Paine  and  Thomas  Terry. 

*  Collateral  and  Illustrative  Documents,  No.  L. 

•  Joannes  Nevius  married  Adriaentje  Bleeke  or  Bleijck,  daughter  of  Swantje 
Janse  and  stepdaughter  of  Cornelis  de  Potter.     He  was  secretary  of  New 
York  City  from  1657  till  1665.     About  1669  or  1670,  Nevius  obtained  the 
lease  of  the  Brooklyn  or  Long  Island  ferry,  which  he  managed  until  his  death, 
upon  which  his  widow  asked  for  the  prolongation  of  the  ferry  privileges  to 
her,  as  revealed  more  particularly  in  these  council  minutes  of  July  i,  1672. 
For  personalia  see  Joannes  Nevius  and  his  Descendants,  by  A.  Van  D.  Honey- 
man;  Bergen.   Kings  County  Settlers,  p.  215;  Innes.    New  Amsterdam  and  its 
People,  pp.  48-49. 


132  Province  of  New  York 


Mr  Denton.  Mr  Denton's  *  Peticon  being  taken  into  Consideracon,  & 
a  Lett?  from  him  to  M?  Laurence,2  an  Order  was  made  there- 
upon as  followeth.  Viz* 

TheOrdf  [  j-I03-j  The  pet;con  of  Mr  Daniel  Denton  being  taken  into 
Consideracon,  wherein  hee  desires  an  Award  upon  an  Arbi- 
tracon  may  bee  broken  as  to  some  Matters  in  Difference 

1  Daniel  Denton,  oldest  son  of  Rev.  Richard  Denton,  Presbyterian  minister 
at  Hempstead,  L.  I.,  who  began  his  ministry  there  in  1644.  The  son  was 
the  first  clerk  of  the  newly-formed  village  of  Rust-dorp  (Quiet- Village),  now 
Jamaica,  L.  I.;  was  one  of  the  representatives  of  that  village  at  the  Hempstead 
convention  in  February,  1665,  and  on  March  16,  of  that  year,  was  commis- 
sioned by  Governor  Nicolls  a  justice  of  peace  for  the  North  Riding  of  York- 
shire. He  went  to  London,  where,  in  1670,  he  procured  the  publication  of 
the  first  separate  English  account  of  New  York,  his  well-known  booklet, 
entitled:  A  Brief  Description  of  New  York,  formerly  called  New  Netherlands. 
During  his  absence  his  wife,  Abigail,  proved  herself  an  unfaithful  spouse,  a 
fact  of  which  he  became  aware  upon  his  return.  She  was  presented  by  the 
constable  and  overseers  of  Jamaica  at  the  court  of  sessions,  held  in  that 
town  in  June,  1672,  "  accused  for  her  Incontinency,  &  committing  Adultery 
in  y6  absence  of  her  Husband,  then  about  his  Occasions  in  Europe;  All  wch 
was  too  evidently  made  appeare  to  ye  said  Court  by  many  Circumstances 
as  well  by  her  own  confession  &  acknowledgm1  of  the  ffact."  But  the  court, 
not  having  authority  to  grant  a  divorce,  sent  the  case  to  the  governor  and 
council,  from  whom  Denton  obtained  a  bill  of  absolute  divorce,  on  June  26, 
1672.  In  October,  of  that  year,  she  petitioned  the  court  of  assizes,  expressed 
regret  for  her  misconduct,  and  requested  permission  to  marry  again,  "  fearing 
yejrailty  of  her  nature,  &  the  Temtacons  that  may  attend  her  leading  of  a 
single  Life,  as  also  for  her  better  support  &  maintenance  having  a  great 
Charge  upon  her,  &  but  five  shillings  per  week  allowance  for  her  selfe  &  three 
Children,  besides  some  small  Matter  shee  can  earne  by  her  work."  The 
court  adjudged  that  she  ought  to  have  liberty  "  to  marry  another  person, 
shee  being  freed  from  y6  Obligacon  &  Tyes  of  Matrimony  to  her  former  Hus- 
band." Denton's  children  are  mentioned  in  the  will  of  his  father-in-law, 
Daniel  Whitehead,  of  Jamaica,  L.  I.,  proved  on  October  30,  1704.  On 
October  28,  1664,  Denton  and  associates  purchased  from  the  Indians  a  tract 
between  the  Raritan  River  and  Newark  Bay,  which  had  been  bought  earlier 
by  Augustine  Herrman.  In  1673,  upon  the  reestablishment  of  the  Dutch 
authority  over  New  Jersey,  then  named  "  Achter  Col,"  he  was  chosen  a 
magistrate  of  Piscataway. —  Brodhead.  Hist,  of  N.  Y.,  vol.  i,  pp.  615,  619; 
vol.  2,  pp.  49,  67-68,  74,  195,  219;  Deeds,  vol.  2,  p  17;  Court  >f  Assizes,  vol.  2, 
p.  317;  General  Entries,  vol.  4,  p.  153;  Collections  of  N.  Y.  Hist  Society,  1892, 
p.  398. 

« Captain  William  Laurence,  of  Flushing. 


Brief  Defcri 


NEW-YOR 


Formerly  Cilled 


Ncw-Netherlahclsr 

With  the  Places  thereunto  Adjoyning; 


Together  with  the 


Printed  for  Jtt*  Hi»f^,a  t  the  Hrft  Shop  ii  P*ftt~titil-Alti  ia 
cd  WiMtm  Br*4tj  ic  the  chtecKbk* 


Manner  o!  its  Scituation,  Fertility,  of  the  Soyle> 
Healthfulncfs  of  the  Climate,  and  the 
Commodities  thence  produced. 

ALSO 
Some  Dire&ions  and  Advice  to  fuchas  (Ball  go 

thither:     An  Account  of  what  Ownoditiet  they  (hall 

take  with  them;   The  Profit  and  Pleafare  thit 

may  accrew  to  t'.iern  thereby. 

LIKEWISE 

A    Brief  RELATION   of  the  Cuftomsof  the 
Indians  there. 


By  DANIEL    V  fill  ON* 


LONDON, 


UK  three  ^ibi 
••    •  ia  itx  Minute*,    1*70.  * 


TITLE  PAGE  OF  THE  FIRST  SEPARATE  ACCOUNT 

OF  NEW  YORK   IN   ENGLISH 
By  Daniel  Demon,  "of  Jamaica,  ^L.  I. 

(Slightly  reduced.) 


bJne7^]  Executive  Council  Minutes  133 

between  him  &  Daniel  Whitehead  without  the  forfeiture  of 
his  Bond,  &  that  the  Case  may  bee  heard  &  adjudged  by 
the  Governo^;  It  is  Ordered  that  y6  whole  Matt'  &  Merritt 
of  the  Cause  bee  referred  to  the  next  Court  of  Sessions  at 
Jamaica,  where  some  of  the  Councell  are  to  sitt  wth  ye 
Justices,  &  they  are  to  adjudge  what  is  fitt  to  bee  done 
as  to  the  Arbitration,  And  if  they  see  Cause  may  pro- 
ceed to  a  Rehearing  of  the  Case  &  an  Examination  into 
the  severall  Matters  in  the  Petition  sett  forth,  &  give 
Judgment,  &  Determine  the  same  according  to  Justice  & 
good  Conscience. 

By  Ordr  &c: 

A    Peticon    from    Hendrick    Rooseboome  *    the    Sexton  Hendrick 
at    Albany,    that    hee    might    bury    Lutherans 2    and    all  ^     "    f 
there;  Albany. 

It  is  thought  convenient  that  since  they  have  a  Toleration 
for  their  Profession  they  may  bury  their  own  dead. 


[104]  At  a  Councell  held  in  Fort 

James  ye  24^  of  June  1672. 
Present 

The  GovernoT 
Cap?  Delavall 
Cap*  Steenwijck 
The  Secretary 

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

9  On  November  7,  1672,  Thomas  Delavall,  then  at  Albany,  said  in  full 
court  that  Roseboom's  request  was  disallowed  and  added,  "  Let  the  Dead 
bury  their  Dead;  for  with  what  free  conscience  can  your  Precentor  go  and 
act  for  the  Lutherans,  for  they  have  more  ceremonies  than  the  Reformed." — 
Doc.  Hist,  of  N.  Y.,  vol.  3  (octavo  edition),  p.  871.  On  toleration  granted 
to  the  Lutherans  in  the  colony  of  New  York  see  General  Entries,  vol.  i,  p.  71; 
Court  of  Assizes,  vol.  2,  p.  424;  N.  Y.  Colonial  Docs.,  vol.  2,  p.  617. 


134  Province  of  New  York 


The  first  thing  taken  into  Consideracon  is  the  Returne 
from  Hempstead  of  Contribucon  &  New  Election  of  Con- 


Contribu- 
tion &  New 
Election  at  ^ 

Hemp-         stable  &  Overseers. 

stead.  The  returne  of  Constable  is  for  MT  Robert  Jackson  39; 

for  Simon  Seryon  J  31  Voyces;  To  the  wch  Objection  is  made 
by  Mr  John  Hicks 2  [sic]  &  James  Pine  on  behalfe  of  severall 
of  ye  Towne,  That  Mf  Jacksons  Votes  or  the  major  part  of 
them  are  of  the  great  Neck,  or  Mad-Nans  Neck,3  who  have 
small  parcells  of  Land  &  have  noe  Relation  to  the  Towne, 
equall  wth  ye  Ancient  Inhabitants,  some  Lotts  being  divided 
into  severall  Shares. 

It  is  demanded  if  they  are  ffree-hold1?  and  consented  to; 
The  determinacon  being  left  to  ye  Governor  &  Councell. 

Mr  Jackson      The  Present  Election  is  allowed  of  to  bee  Constable  for  the 

Cap*  Sea- 
mans  *  » Simon  or  Symon  Seryon,  Searing,  Seren,  Sering,  Sirring,  whose  son,  John, 
married  Susannah,  daughter  of  James  Pine,  in  1671.  He  was  chosen  con- 
stable of  Hempstead,  April  2,  1681;  an  overseer,  April  2,  1683,  and  justice  of 
peace,  hi  1685. —  Hempstead  Town  Records,  vol.  i,  pp.  180,  329,  450;  Court  of 
Assizes,  vol.  2,  p.  692. 

'John  Hicks,  commissioned  by  both  Nicolls  and  Lovelace  as  justice  of 
peace  in  the  North  Riding  of  Yorkshire.  He  married  the  widow  of  John 
Carman  or  Carrman,  Sr.,  of  Hempstead,  and  through  her,  in  September,  1671, 
became  involved  in  a  suit  with  Anna  Gerretse,  over  a  bargain  for  land  at 
Newtown,  which  had  been  made  between  the  husband  of  Anna  Gerretse  and 
the  late  John  Carman.  The  will  of  Hicks  was  proved,  June  14,  1672,  and 
letters  of  administration  were  granted  to  his  son,  Thomas,  on  June  i7th. 
It  is  evident,  therefore,  that  the  appearance  of  his  name  in  the  council  minutes 
of  June  24,  1672,  is  a  clerical  error,  and  that  his  son,  Thomas,  was  one 
of  the  objectors,  as  is  actually  shown  by  his  name  in  the  margin  and  in 
the  text,  subsequently. —  Orders,  Warrants,  Letters,  vol.  2,  p.  435;  Deeds, 
vol.  2,  p.  19;  General  Entries,  vol.  4,  p.  48;  Collections  of  N.  Y.  Hist.  Society, 
1892,  p.  23. 

» At  a  town  meeting  of  Hempstead,  December  14,  1663,  "  it  was  agreed 
upon  that  Thomas  Hickes  John  Ellison  and  Thomas  Ellison  shall  have  the 
little  neck  or  poynt  of  land  lying  on  the  east  side  of  Mathew  Garrisons  bay 
[named  after  Martin  Gerritsen]  which  neck  is  commonly  called  mad  Nans 
Neck,"  provided  they  would  "  fforth  with  goe  and  possess  and  build  upon 
the  said  land." — Hempstead  Town  Records,  vol.  i,  p.  148.  For  other  refer- 
ences see  ibid,  pp.  142,  165,  231,  243;  Deeds,  vol.  2,  p.  60. 
4  Captain  John  Seaman. 


Executive  Council  Minutes  135 


ensueing  yeare,  both  Partyes  being  call'd  together,  &  their  j:  Smith. 
Allegations  heard,  noe  materiall  Objection  being  made  [105]  B-* 
against  it;  It  is  thought  fitt  ye  Inhabitants  of  Mad-nans  Neck  james 
shall  have  their  Votes  for  the  Election  of  Constable  &  Over-  Pine, 
seers,  they  being  capacitated  by  the  Law  to  give  their  Votes 
as  ffree-holders;  for  the  Proposall  of  their  being  a  Village 
abstracted  from  the  Towne  of  Hempstead,  &  to  have  Officers 
of  their  own;  It  shall  bee  taken  into  farther  Consideration.* 

As  to  ye  Returne  of  ye  Voluntary  Contribution  towards  The  Re- 
the  Reparation  of  y6  ffort,  It  being  read,  It  was  very  well  tu£ie  ^  a 
approved  of,  &  Ordered,  That  Thanks  should  bee  given  6i:  °2  :o° 
them  for  their  forwardness  therein,  the  wch  is  to  bee  Recorded. 

flushing  Returnes  —  2Ott:  15":  06*.  m  «slf  d 

Thomas   Hunt   JunF   to   bee   releast   upon   giving   good  2°:  I5  6 
Security  of  200*  for  good  Behavior  &  Appearance  at  the          Hunt 
next  Co?  of  Assizes,  when  hee  is  to  receive  the  Sentence  of 
that  Court  for  his  Crime.3 

The  Tincker  Gerrit  Trevis  4  to  bee  releast  upon  Security 

Trevis. 

»This  marginal  record  is  erroneous,  and  should  be  "  J:  Smith.  R."  John 
Smith,  of  Hempstead,  familiarly  called  "  Rock  Smith,"  was  a  tavern  keeper. 
Family  tradition  says  that  he  got  his  sobriquet  while  living  in  New  England, 
where  he  built  a  house  in  which  he  used  a  rock  for  the  back  of  his  fireplace. 
In  his  will,  dated  May  10,  1695,  he  calls  himself  "  John  Smith,  Sr.,  of  Hemp- 
stead  hi  Queens  County,  yeoman,"  and  he  names  his  wife,  Hannah  Treadwell. 
The  will  was  proved  on  April  3,  1706,  and  an  inventory  of  his  estate  was 
exhibited  by  his  widow,  on  October  3d. —  Pelletreau.  Wills  of  the  Smith 
Families  of  New  York  and  Long  Island,  pp.  viii,  8;  Deeds,  vol.  2,  p.  28; 
Collections  of  N.  Y.  Hist.  Society,  1892,  pp.  326,  419-421.  For  a  sketch  of 
him  see  N.  Y.  Geneal.  and  Biog.  Record,  vol.  30,  pp.  200—203. 

1  Son  of  John  Hicks. 

1  He  was  bound  over  to  the  court  of  assizes  of  October,  1672,  charged  with 
stealing  hogs,  as  shown  more  particularly  in  a  former  note. —  Court  of  Assizes, 
vol.  2,  pp.  290,  298. 

4  Gerrit  Trevis  was  bound  over  by  presentment  to  the  court  of  assizes  of 
October,  1672,  by  the  court  of  sessions  at  Jamaica,  "  upon  Suspition  of  ffelony." 
He  put  in  a  petition  at  the  assizes,  "  desiring  that  hee  may  continue 
in  his  Land,  &  that  his  Bond  bee  cancell'd  for  his  Appearance  to  this 
Court."  It  was  objected  that  he  had  never  paid  for  the  land,  which  "  belongs 
to  Mr  Hicks,"  probably  John  Hicks,  of  Hempstead.  Trevis  was  ordered  to 


136 


Province  of  New  York 


1672    1 
Fune  24 J 


Commis- 
sion for 
Indyn 
Affayres  to 
stand  in 
force. 


Com",*5 
about  ye 
Fort  Con- 
tribucon. 


Comnr? 
Names. 


of  fifty  pound  for  the  good  Behaviour  &  his  Appearance  at 
the  Assizes,  that  hee  remove  from  the  Place  hee  late  lived  at 
neare  M?5  Bridges,1  &  [en]ter  into  Engager^  not  to  enter- 
taine  any  of  her  Negroes  Servants. 

[106]  The  Matter  about  ye  Regulation  of  ye  Whale  ffishing 
referr'd  to  Mr  Dela vails  Determinacon  according  to  what 
was  proposed  at  his  being  there.2 

The  Commission  for  ye  Indian  Affayres  soe  farr  to  con- 
tinue in  fforce  as  shall  relate  to  keep  ye  Indyans  in  good 
OrdF;  But  as  to  any  Matter  of  difference  of  meum  and  tuum 
or  Trespasse,  That  it  bee  decided  by  the  next  Justice  of  the 
Peace,  and  Constable  &  Overseers  of  the  Towne,  where  ye 
Cause  of  Action  shall  arise;  but  if  the  Action  bee  of  above 
5^  they  may  Appeale  to  ye  next  Court  of  Sessions.3 

Commission?  to  bee  appointed  to  receive  the  Contribution 
Money  towards  the  {Fortifications,  &  to  manage  it  to  the 
best  Advantage  for  payment  of  the  Workmen.4 

Their  Names  are 
Tho:  Lovelace  Escp5  Cap?  Rich?  Morris6 

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

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

» Collateral  and  Illustrative  Documents,  No.  LXXII. 

» Collateral  and  Illustrative  Documents,  No.  LXXI. 

« Collateral  and  Illustrative  Documents,  No.  LXXV.  Lovelace's  appeal  for 
contributions  from  the  citizens  of  New  York  was  read  hi  the  mayor's  court, 
on  July  3,  1672,  and  the  court  "  ordered  that  several  of  the  Cheif  Inhabitants 
should  be  Listed  and  desired  to  appeare  in  Court  next  morning."  Accord- 
ingly, several  persons  appeared  and  were  bidden  to  make  a  voluntary  con- 
tribution and  did  so. — Records  of  New  Amsterdam,  vol.  6,  p.  382. 

'Thomas  Lovelace,  brother  of  the  governor,  was  at  this  time  one  of  the 
aldermen  of  New  York  City. 

•Captain  Richard  Morris,  of  Westchester,  and  a  merchant  in  New  York 
City.  He  died  intestate,  in  1672,  soon  after  his  appointment  on  this  com- 
mission, leaving  an  only  son,  Lewis,  an  infant.  For  an  account  of  him  and 
his  lineage,  see  Bolton.  Hist,  of  the  County  of  Westchester  (1881  edition), 
vol.  2,  pp.  455-478;  Riker.  Revised  Hist,  of  Harlem  (1904),  pp.  283-284; 
American  Historical  Magazine,  vol.  i  (1906),  pp.  25,  fif. 


,  (f^J,,m^'  1%'  C-^'-/^;<  ffj^Mit*  *s& 

yiffcy^^vrtf.  I  j£  co^H-wi? w^fcrc^  ^  *faf**fUfa 
to  .<fo7T\  m/<nr<°.  j  /^(y^>  Qtb .    \  SO/f /  CM  to  a*ty/  ^OWcrMfr+ffMjffn 


A    PAGE   OF   THE    COUNCIL   MINUTES  SHOWING 

LOWER  QUARTER   ROTTEN   AND 

WRITING  EADED. 

(Reduced  from  11 V2  by  7V4  inches.) 


Executive  Council  Minutes  137 


Cap?  Jn?  Manning  High  Sher.1  Mr  Gibbs.2 
Mr  Allard  Anthony.3  Mr  Thorn:  Rombout.4 


A  new  Ordr  to  bee  made  against  Transportation  of  Corne,  Transpor- 

tacon  of 
Corne. 


grounded  upon  the  Ordr  of  ye  Court  of  Assizes.5 

1  Captain  John  Manning  had  been  sheriff  of  New  York  City  from  July  24, 
1667,  until  succeeded  by  Allard  Anthony,  on  October  13,  1670.     Lovelace 
commissioned  him  high  sheriff  of  Yorkshire,  on  September  7,  1671,  in  suc- 
cession to  Robert  Coe,  until  June  30,  1672,  and  again  until  June  30,  1673. 
He  held  other  posts  of  great  responsibility  in  New  York  City,  on  Long  Island 
and  at  Albany,  during  the  administrations  of  Nicolls  and  Lovelace.     In 
February,  1668,  Nicolls  granted  to  him  Hog  Island,  which  became  known  as 
Manning's  Island,  and  is  now"  called  Blackwell's  Island,  in  the  East  River  of 
New  York  City. —  Orders,  Warrants,  Letters,  vol.  2,  pp.  176,  215,  216,  227, 
243,  434;  Records  of  New  Amsterdam,  vol.  6,  p.  201 ;  Court  of  Assizes,  vol.  2, 
pp.  409,  421-422,  429,  571,  598;  General  Entries,  vol.  4,  pp.  26,  201 ;  Brodhead. 
Hist,  of  N.  Y.,  vol.  2,  pp.  45,  46,  74,  87,  138,  182. 
*  Thomas  Gibbs  or  Gybbs  was  a  merchant  of  New  York  City. 
1  Allard  Anthony  had  been  a  schepen  and  schout  of  New  Amsterdam. 
On  June  12,  1665,  he  was  appointed  by  Governor  Nicolls  the  first  sheriff 
under  the  new  form  of  government  for  New  York  City.     He  had  taken  the 
oath  of  allegiance  and  was  made  a  free  denizen  on  the  preceding  January  i6th. 
Anthony  was  sheriff  until  succeeded  by  Captain  John  Manning,  on  July  24, 
1667,  and  he,  in  turn,  succeeded  Manning  as  sheriff,  on  October  13,  1670,  and 
was  in  that  office  when  appointed  a  member  of  the  commission  for  receiving 
contributions  for  the  repair  of  the  fort. —  General  Entries,  vol.  i,  pp.  121,  139; 
vol.  4,  pp.  53,  220;  Court  of  Assizes,  vol.  2,  pp.  429,  598;  Orders,  Warrants, 
Letters,  vol.  2,  pp.  75,  161,  176;  Records  of  New  Amsterdam,  vol.  6,  pp.  261- 
262;  Brodhead.   Hist,  of  N.  Y.,  vol.  i,  p.  548. 

4  This  is  a  clerical  error  for  Francis  or  Francois  Rombout  or  Rombouts, 
who  was  appointed  an  alderman  of  New  York  City,  on  October  13,  1672. — 
General  Entries,  vol.  4,  p.  220.  The  correct  name  appears  in  the  comirission, 
for  which  see  Collateral  and  Illustrative  Documents,  No.  LXXV.  Rombouts 
married  Aeltje  Wessels,  on  May  31,  1665. — Records  of  R.  D.  Church,  Mar- 
riages, p.  31. 

•  Collateral  and  Illustrative  Documents,  No.  XLL  At  the  following  court 
of  assizes,  October,  1672,  it  was  ordered,  "  That  y6  Prohibicon  for  y6  Trans- 
portation of  Corne  for  this  yeare  bee  repealed;  &  it  shall  bee  lawfull  for  any 
Man  to  transport  Corne  to  Boston,  or  any  place  out  of  the  Governing  as  long 
as  the  price  of  Merchantable  Winter  Wheat  shall  be  4s  :  6?  &  Summer  Wheat 
4s  in  Silver  or  above,  but  not  under  that  price,  upon  the  penalty  of  forfeiting 
the  Value  of  what  they  shall  soe  dispose  of;  And  what  Strangers  shall  come 
to  purchase  Corn  here,  they  shall  not  buy  it  under  4§  &  3?  :  6?  in  Silver,  or 
Goods  Equivalent  upon  like  Penalty." — Court  of  Assizes,  vol.  2,  p.  323. 


138 


Province  of  New  York 


r  1672  i 

LJune  24J 


Gravesnd 
&  Vtrecht 
Bounds. 

Cap*   Car- 

teretts 

Letter. 

The  OrdT 
about  ye 
Election  of 
Constab : 
&  Over- 
seers at 
Hemp- 
stead. 


The  Bounds  of  Gravesand  &  New- Vtrecht; 1 
Commission?  to  View  &  Report  to  ye  Governor  to  bee  con- 
sider* d  of  another  time  in  its  due  Season. 

The  Lett'  to  Cap*  Carterett 2  &  his  Answr  read  &  con- 
sidered of;  The  Lett1?  Ordered  to  bee  Recorded,  but  not 
thought  convenient  to  interpose  in  the  Affayre  any  further.*3 

[107]  In  prosecucon  of  ye  Ord?  of  ye  late  Co1?  of  Sessions 
held  at  Jamaica  for  a  new  Election  of  Constable  &  Over- 
seers for  the  Towne  of  Hempstead,  the  Returne  whereof  was 
to  bee  made  to  his  Honor  the  Governor  for  his  Approbation; 
The  Inhabit1.8  having  accordingly  proceeded  therein,  &  made 
their  Returne,  wherein  MT  Robert  Jackson  late  Constable 
there  hath  the  major  Vote  to  continue  in  that  Employment 
for  the  yeare  ensueing;  Against  the  which  severall  Objec- 
tions being  made  by  M?  Thomas  Hicks  &  James  Pine  on 
the  behalfe  of  themselves  &  others  of  the  Towne,  In  regard 
severall  of  ye  Voices  given  for  him  were  of  the  Inhabitants  of 
Mad-Nans  Neck,  who  were  supposed  not  to  have  Priveledge 
to  give  their  Votes  as  to  Election  of  those  Officers;  Vpon 
hearing  the  Matter  debated,  &  ye  severall  Allegations  on  both 
sides,  The  said  Choice  and  Election  is  allowed  &  approved 
of,  as  also  that  John  Smith  Rock  Sen?  &  Jn?  Carrman  4 
bee  Overseers,  having  likewise  the  major  Vote;  The  Objec- 
tions being  not  adjudged  sufficiently  materiall  to  debarr  the 
Inhabitants  of  the  Neck  aforesaid  of  their  Votes  in  Election 
of  the  Towne  Officers,  since  that  they  are  freeholders,  & 
have  dependance  on  the  Towne,  within  whose  Lymits  & 
Jurisdiction  they  are.  As  to  the  Proposall  of  their  being 

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

2  Captain  James  Carteret. 

1  Collateral  and  Illustrative  Documents,  No.  LXXVII. 

4  Son  of  John  Carman  or  Carrman,  deceased.  His  father  was  one  of  the 
six  persons  to  whom  Director  General  Kieft  granted  a  patent  for  the  Hemp- 
stead  lands,  on  November  16,  1644  (N.  S.). —  Deeds,  vol.  2,  pp.  129-134; 
vol.  3,  pp.  100-104;  Hempstead  Town  Records,  vol.  i,  p.  7 


[fSl\]  Executive  Council  Minutes  139 

made  a  Village  abstracted  from  the  Towne,  &  to  have 
Officers  of  their  own,  there  being  noe  Addresse  made  for  the 
same,  &  the  Convenience  or  Inconvenience  thereof  not 
appearing,  It  lyes  not  under  this  pTsent  Consideracon. 

By  Ordr  &c: 

[108]  The  Returne  of  the  Inhabitants  of  Hempstead  as  Hemp- 
to  their  Voluntary  Contribucon  towards  the  Reparation  of  stead  Con- 
the  ffort *  being  prsented  to  the  Governor  &  read;  It  was  very  The 
well  approved  of,  And  Ordered  that  Thanks  should  bee 
given  them  for  their  good  Example  &  forwardnesse  therein, 
the  which  is  to  bee  Recorded. 

By  Ord'  &c: 


At  a  Councell  held  at  Fort 

James,  July  ye  i8.1  1672. 
Present 

The  Governor 
Cap:Delavall 
Cap:  Steenwijck 
The  Secretar 

About  ye  Contribucon  of  ye  City  towards  the  ffortification, 

The  Governor  will  please  to  write  a  Letter  To  morrow  to 
the  Court,  Vpon  ye  Consideracon  whereof,  It  shall  bee 
determined  how  &  what  manner  to  propose  &  direct  the 
most  convenient  way  to  raise  a  Contribution.2 

The  Lett?  of  Returne  from  ye  East  end  of  Long  Island 
about  a  Contribucon  towards  the  ffortificacons.3 

[109]  The  Governor  will  make  Answ?  to  their  Lett?,  wherein 

1  Collateral  and  Illustrative  Documents,  No.  LXXV. 

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


140 


Province  of  New  York 


r  '672  i 

L  July  i  J 


Whore- 
Kffl. 


The  Ordr 
upon  Dan: 
Brown. 


hee  will  take  Notice  of  the  meannesse  of  their  Contribucon 
&  the  seeming  Condition  of  it. 

The  Businesse  of  the  Whorekill  about  a  disturbance  there 
from  Maryland.1 

Mr  ffletcher 2  makes  good  by  word  of  Mouth  what  hee 
sett  his  hand  to  against  Daniel  Browne  3  for  his  Abusive 
Language  against  the  Dukes  Interest. 

It  is  Attested  by  the  Commissaryes  &  others  from  thence. 

Ordered,  That  Daniel  Browne  shall  Enter  into  a  Recog- 
nizance of  20?  for  ye  good  Behavio?  &c:  wch  Order  was  as 
followeth  — 

WHEREAS  Daniel  Browne  a  Planter  at  the  Whore-Kill  in 
Delaware  Bay  was  Committed  &  sent  a  Prisoner  hither  by 
ye  Magistrates  there  for  contemning  ye  Authority  of  their 
Court  held  by  Approbacon  of  the  Governor,  under  the  pro- 
tection of  his  Royall  Highness  together  wth  severall  other 
Abuses  &  Misdemeano1?,  for  the  wch  hee  hath  exprest  a 
great  deale  of  sorrow,  acknowledging  his  ffault,  wth  Promise 
of  deporting  himselfe  better  for  the  future.  And  the  said 
Daniel  Browne  alledging  it  will  bee  his  Ruine,  if  hee  returne 
not  back  speedily  to  his  Habitacon,  both  in  regard  of  a 
Crop[pe]  of  Tobacco  hee  hath  [no]  &  some  Corne  wc.h  will 
bee  all  lost  without  his  Attendance  on  it,  and  Care  thereof; 
The  Premisses  being  taken  into  Consideration,  It  is  Ordered, 
That  a  Letter  of  Thanks  bee  sent  to  the  Magistrates  at  the 
Whore-Kill  for  their  Vigilancy  &  Care  herein,  &  likewise 

1  Collateral  and  Illustrative  Documents,  No.  LXX. 

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

»  A  tract  of  land  was  laid  out  for  him,  subsequent  to  his  release,  "  upon 
pagans  Creeke  neare  the  Whor  Kill,"  which  was  called  Tower  Hill.—  Original 
Land  Titles  in  Delaware,  p.  85.  See  also  Brodhead.  Hist,  of  N.  Y.,  vol.  2, 
p.  190.  He  was  under-sheriff  and  constable  at  the  Whorekill,  in  1674-1675. — 
N.  Y.  Colonial  MSS.,  vol.  20,  p.  138.  In  1679  he  received  an  irregular 
license  to  marry  Susan  Garland,  widow,  although  he  was  accused  of  con- 
fessing that  he  had  a  wife  living  in  England. —  Ibid,  vol.  21,  p.  62. 


Executive  Council  Minutes  141 


that  the  said  Daniel  Browne  be  releast  from  his  Imprisoning 
hee  Entring  into  a  Recognizance  before  his  departure  of 
20 H  to  bee  of  the  Peace  and  the  good  Behaviour  towards  his 
Neighbours,  &  towards  all  his  Ma*.63  Subjects  &  Leige 
People,  the  w°h  if  hee  presume  to  breake  that  hee  bee  then 
againe  seized  upon  &  sent  Prisoner  to  this  Place,  there  to 
receive  Condigne  Punishm*  according  to  the  Nature  of  his 
Offence  over  &  above  the  Suine  afore-mentioned  to  bee 
Levyed  upon  his  Goods  &  Chattells,  if  soe  much  shall 
happen  to  bee  found..  And  the  said  Daniel  Browne  is 
likewise  at  his  Returne  to  acknowledge  his  ffault,  &  ask 
pardon  of  the  Magistrates  at  the  Whore-Kill  for  his 
Misdemeanor  By  Qrdr  &c. 

As  to  ye  Request  from  the  Whore-Kill  to  repayre  their  whorekffl 
Losses  &  Damages  susteyned  by  ye  Privateers,  that  they  may  Request. 
lay  an  Imposition  upon  Strong  Liquo7?  sold  there.     This 
Order  was  made.1 

The  Request  of  ye  Magistrates  at  the  Whorekill  being  \ The  Answr 
taken  into  Consideration,  wherein  t[h]ey  desire,  that  for 
reperacon  of  the  Damages  &  [in]  Losses  they  susteyned  by 
the  Privateers  the  last  Winter,  they  may  bee  permitted  to 
lay  an  Imposition  upon  Strong  Liquo1?,  It  is  allowed  of  & 
consented  unto,  and  the  Magistrates  there  have  hereby 
power  to  Levy  &  receive  upon  each  Anckor  of  Strong 
Liquo1?  spent  or  disposed  of  amongst  them  the  Value  of 
foure  Guild1?  in  Wamp™,  &  this  to  continue  for  one  yeare 
only  after  this  shall  come  to  the  said  Magistrates  hands, 
untill  the  Conveniency  or  Inconveniency  thereof  shall  better 

appeare. 

By  Ordr  &c. 

>  Collateral  and  Illustrative  Documents,  No.  LXX. 


142 


Province  of  New  York 


r  1672  i 

L  July  i  j 


The  Answf 
&  Order. 


The  Bakers      The  Bakers  Request  about  goeing  to  Milford  to  grinde 

Request.      Corne, —  had  this  Order  thereupon  —  1 

Vpon  the  Request  of  severall  of  the  Bakers  of  this  City, 
That  they  may  have  Liberty  to  send  their  Corne  to  the  Mill, 
at  Milford,  or  some  other  Places,  out  of  this  Government, 
In  regard  that  they  cannot  have  sufficient  quantity es  of 
Corne  ground  nearer  home  to  supply  their  prsent  Want  for 
ye  Shipping  outward  bound  &  such  like  Occasions;  It  is 
thought  fitt,  That  their  Request  shall  bee  granted  at  this 
particular  Juncture  of  time,  Provided  That  they  Enter  into 
Bond  to  the  Collector  of  the  Customes,2  &  give  Security 
that  they  shall  bring  back  in  ffloure  or  Meale  the  whole 
Produce  of  such  Corne  they  shall  carry  out  of  the  wch  the 
Haven-Master  3  is  to  make  Inspection.  But  if  it  shall  here- 
after [112]  bee  made  appeare  that  they  doe  fraudulently 
Convey  the  Corne  elsewhere,  then  they  shall  bee  lyable  to 
such  Censure  &  Penalty  as  in  the  Act  of  the  last  Gena.u  Co1? 
of  Assizes  touching  the  Prohibicon  of  Transportation  of 
Corne  is  sett  forth.  gy  Qrdr  &c. 


Mr  Paine.         M?  Paines   Busynesse  &  Dispatch.    In  Answ?  to   their 
Lettr.4 

The  first  part  is  effected  in  recommending  Assistance  to 

1  Collateral  and  Illustrative  Documents,  No.  XLL 

2  Cornells  van  Ruyven  was  collector  of  customs;  Isaac  Bedlow  was  comp- 
troller of  customs,  and  Nicholas  Bayard  was  surveyor  of  customs.     For  their 
respective  duties  see  N.   Y.  Colonial  MSS.,  vol.  22,  pp.  51-53.     The  "  pack- 
huijs  "  or  storehouse  of  the  West  India  Company  became,  after  the  capture 
of    1664,  the   custom   house   of   the   English   administration. — Innes.   New 
Amsterdam,  p.  53. 

»  Philip  Johns. 

4  Collateral  and  Illustrative  Documents,  No.  LXXVIII.  John  Paine  and 
Prudence  Island,  in  Narragansett  Bay.  Cf.  Brodhead.  Hist,  of  N.  Y.,  vol.  2, 
pp.  188-189.  Paine  came  over  with  Governor  Nicolls  as  a  soldier  in  Colonel 
George  Cartwright's  company,  in  1664.  He  received  his  discharge  from 
regular  military  service,  on  April  18,  1665. —  General  Entries,  vol.  i,  p.  no. 


[/iSM  Executive  Council  Minutes  143 

bee  given  to  Mr  Paine  in  his  Discovery.     The  latter  part  is 
to  bee  Answered. 

In  ye  meane  time  to  bee  suspended  till  M?  Paine  gives  in 
his  further  Proposalls  &  Resolutions. 

Mre  Nevius  Peticon;  It's  granted.     The  old  Condi  cons  to  Mre  Nevius 
bee  observed  punctually  as  her  Husband  had  it.     An  Ordf  Petie°n- 
thereupon  —  viz* 

The  Peticon  of  Ariantie  Bleeke  ye  Widdow  of  Joannes  TheOrdr 
Nevius  deceased  who  lately  held  the  fferry  from  Island1  Ans 
to  this  City,  being  taken  into  Consideracon  wherein  shee 
desires,  In  regard  of  the  great  Charge  &  Expence  her  Hus- 
band had  been  at  in  providing  sufficient  Boates  &  other 
Necessaryes  about  the  fferry,  as  also  of  the  great  paines  & 
Labour  hee  was  at  to  give  Satisfaction  to  all  persons,  &  having 
now  left  the  Peticoner  a  [dis]con[sol]ate  Wi[d]dow  wth  six 
small  helplesse  [113]  Children,  That  two  yeares  time  of  the 
Six  being  expired,  his  Hono^  would  bee  pleased  to  renew  the 
Lease  of  the  said  fferry  for  six  yeares  after  ye  Date  hereof 
unto  the  Peticoner  her  Heyres  or  Assignes,  upon  the  Con- 
ditions &  Termes  her  said  late  Husband  was  to  have  the  same; 
The  Request  of  the  said  Widdow  is  hereby  Granted,  &  it  is 
allowed  of,  &  is  at  her  Liberty  (if  shee  see  Cause)  to  dispose 
of  her  time  in  the  said  fferry  for  six  yeares  to  come  to  any 
percon  or  persons  fitt  &  capable  to  maintaine  the  same;  that 
said  Person  or  Persons  performing  ye  Conditions  or  Termes 
made  by  the  said  Johannes  Nevius  deceased,  &  behaving 
himselfe  diligently  &  carefully  in  the  said  Employm*  as  hee 
ought  to  doe,  &  as  becomes  the  Trust  reposed  in  him. 

By  Ordr  of  the  Governor  &  Councell  — 

The  Agreem*  between  Newtowne  &  Boswijck  before  Mr  Dela- 
vall,  MrNicolls,  &  Cap?  Jacques  Cortelijau,  To  bee  Confirmed.2 


1  Long  Island. 

*  Collateral  and  Illustrative  Documents,  No.  VIII. 


The 

Agreem*  of 
Newtown 
&  Boswick. 


144 


Province  of  New  York 


Lre  from 
Cap  Car- 
terett  &c: 


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


Time  to 
fortify. 


A  Lett?  from  Cap?  Carterett l  about  a  Suspicion  of  a  Plott 
amongst  ye  Indyans  to  cutt  offye  English  &  to  fall  upon  New 
Yorke:  It  is  related  by  a  Woman,  who  pretends  shee  heard 
some  Indyans  discourse  it. 

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

At  a  Councell  held  at  Fort 
James  in  New  Yorke  ye  6th 
day  of  July  1672. 


Pres* 


The  GovernoT 
Cap?  De-Lavali 
Cap*  Steenwijck 
The  Secretar. 


His  Mat{.e3  LettT  &  Declaracon  about  the  Warr  being  read.2 

Tuesday  next  about  10  or  n  of  ye  Clock  before  Noone  is 
appointed  to  make  Proclamation  of  the  Warr  at  the  ffort- 
Gate  &  State  house.3 

As  to  ye  Paragraph  of  seizing  upon  ye  Ships,  Goods  & 
Estates  belonging  to  the  States  Gena"  there,  that  the  best 
Method  shall  bee  considered  of,  &  putt  in  Execution  in  due 
Season.4 

To  ye  Point  of  putting  ye  Place  &  Countrey  into  a  [pjosture 
of  Defence,  In  regard  of  the  danger  [115]  that  may  bee 

1  Captain  James  Carteret. 

1  Collateral  and  Illustrative  Documents,  No.  LXXIX. 

1  On  July  Qth,  the  mayor's  court  of  New  York  City  received  an  order  from 
Lovelace,  "  together  with  a  Declaration  of  Warr  ag?*  the  States  General  of 
the  United  Provinces,  dated  at  Whitehal  the  4^  [sic]  of  April  1671/2,  to 
declare  &  Publish  Warre  against  the  s?  States,  according  to  the  Temtf  of 
s?  declaration;  Which  this  day  accordingly  is  done  from  the  State  house  in 
this  Citty." — Records  of  New  Amsterdam,  vol.  6,  p.  382. 

« Collateral  and  Illustrative  Documents,  No.  LXXIX. 


USZ'J 


Executive  Council  Minutes 


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

The  former  Resolutions  of  the  (Fortifying  this  place  to 
bee  Vigorously  prosecuted.1 

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

To   Consider   of  some    Persons   to   bee   Added   to   the  [Councell 

Councell  —  2  Uo  bee  en- 


Pres* 


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


The  GovernoT 
Cap*  Delavall 
Cap*  Steenwijck 
The  Secretary. 

What  past  about  Delaware,  ye  Whorekill,3  &  Mr  Paine 
both  as  to  ye  Massachusetts  &  Rhode  Island,4  discourst, 
read,  &  Approved  of. 

That  it  bee  left  to  Mr  Delavall  in  his  goeing  to  Boston 
to  call  in  at  Rhode  Island  &  make  [116]  Enquiry  about 
ye  Mattr,  &  when  there  to  discourse  &  reason  the  Case 
with  them,  about  Mr  Paines5  Imprisonment,  &  binding 
over  in  a  Recognizance,  of  wch  to  make  Report  at  his 
Returne.i 

The  Commissaryes  Letter  about  ye  handling  at  Schanech- 
tide  8  was  taken  into  Consideration;  It  was  brought  downe 

1  Collateral  and  Illustrative  Documents,  No.  LXXV. 

1  The  council  seems  not  to  have  been  enlarged. 

» Collateral  and  Illustrative  Documents,  No.  LXX. 

« Collateral  and  Illustrative  Documents,  No.  LXXVIII 

» John  Paine. 

•  Collateral  and  Illustrative  Documents,  No.  LXXX.     For  an  earlier  order, 
June  7,  1669,  prohibiting  trading  with  Indians  at  Schenectady,  see  Orders, 
Warrants,  Letters,  vol.  2,  p.  431. 
[10] 


sevrall 
things  read. 


fMf  Paine 
|  as  to  his 
J  Imprison^ 

at  Rhode 

Island. 


Schanech- 
tide  about 
handling. 


146  Province  of  New  York  [s&7.26] 


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

An  Ord'    ]     por  Schanechtide,  It  is  Ordered  — 

echtide.al  That  for  Redresse  of  small  Grievances  by  Trespass,  Debt 
or  otherwise,  They  shall  have  a  Towne  Court  to  try  all  such 
Causes  to  the  Value  of  one  hundred  Guild1?,  the  persons  who 
shall  try  the  same  to  bee  two  to  bee  nominated  by  the  Gov- 
ernoT  out  of  three  to  bee  chosen  amongst  themselves  annually; 
but  for  greater  Sumes  to  have  Application  as  formerly  to 
the  Co?  of  Commissaryes  at  Albany; 2  As  to  the  MattT  of 
Trade  with  Indyans  or  others  there,  they  are  to  bee  Regu- 
ated  by  the  Ordrs  made  by  the  Governor  &  Councell  the 
last  Summer  at  Albany  till  further  Ord? 

An  Ordr     }     For  ye  Inhabit*.3  of  ye  lower  part  of  Albany,  about  their 

for  Albany.) having  a  New  House  built  upon  the  Common  by  the  South- 
side  of  the  Towne,  for  the  Mahicandr.s  Indyans,  &  others 
that  shall  come  th[e]re,  It  is  thought  fitt  &  Ordered  That 
Liberty  [117]  bee  granted  to  ye  Inhabit1.8  of  ye  lower  part  of 
the  Towne  to  Erect  such  a  House  to  ye  East  of  ye  South- 
Gate  upon  the  said  Common  in  some  Convenient  place  to 
bee  laid  out  by  Cap*  Salisbury  and  the  Commissaryes,  but 

1  Captain  Sylvester  Salisbury.  He  had  succeeded  Captain  John  Baker, 
in  July,  1670,  as  commander  of  the  fort  at  Albany.  On  October  i,  1672, 
he  was  commissioned  "  Justice  of  the  peace  at  Fort  Albany,  &  parts  adjacent." 
—  General  Entries,  vol.  4,  p.  213.  Salisbury  was  granted  a  marriage  license, 
on  January  10,  1669/70,  to  Elizabeth  Beek,  sister-in-law  of  Pieter  Jacobsen 
Marius.  His  will,  dated  August  26,  1679,  mentions  his  wife  and  three  children, 
and  his  widow  was  confirmed  as  executrix,  March  12,  1680.  She  was  after- 
wards married  to  Dr.  Cornelis  van  Dyck,  of  Albany,  and  after  his  death  was 
married  a  third  time,  to  Captain  George  Bradshaw,  whom  she  also  survived. — 
Court  of  Assizes,  vol.  2,  p.  450;  Collections  of  N.  Y.  Hist.  Society,  1892, 
pp.  66-67,  207,  211,  292,  356;  Pearson.  Early  Records  of  Albany,  pp. 
69»  97- 

» Jan  Hendrickse  van  Bael  and  Gerrit  van  Slichtenhorst  were  at  this  time 
commissaries  of  Albany. 


Executive  Council  Minutes  147 


not  that  hereby  any  Persons  doe  presume  to  Erect  Handling 
Houses  or  Hutts  there,  upon  this  or  the  like  prtext. 

And  that  ye  Ord?  heretofore  made  for  ye  Hutts  on  the 
Hill 1  to  bee  Erected  into  Dwell inge  Houses  bee  putt  in  Exe- 
cution, soe  that  they  bee  Inhabited  both  Winter  &  Summer; 
Withall  that  those  who  leave  them  in  the  Winter  shall  not 
bee  permitted  to  handle  there  in  the  Summer. j 

The  Peticon  of  M^Smith  to  bee  referred  to  the  Assizes2 —  Mr  Smith 
as  by  ye  following  Ord'  &c:  quake. 

Vpon  ye  Peticon  of  Rich?  Smith  of  Nesaquake,  That  for  Peticon. 
severall  Reasons  by  him  given  hee  might  have  a  Review  or  j  The  Ordr 
Rehearing  of  his  Case  between  him  &  the  Inhabitants  Orthereupon- 
Huntington,  there  appearing  many  Difficultyes  therein,  for 
that  it  had  before  been  heard  in  two  diverse  Courts;  It  was 
Ordered  that  it  bee  referred  to  a  full  Bench  at  the  Generall 
Court  of  Assizes  to  give  their  Judgment  &  Opinion  therein, 
whither  their  Case  shall  have  a  Re-hearing  or  noe  upon  ye 
Reasons  &  suggestions  given  in,  Whereunto  both  ye  said 
Rich?  Smith  &  the  Inhabitants  of  Huntington  are  to  stand 
and  abide. 

By  Ordr  &c.  fMr  ^ 

I  bells  differ- 

[118]  The  Reports  of  M?  Lovelace  &  Cap?  Manning  about-! ence- 
Mr  Richbells  Difference  with  his  Neighbo1?,  &  their  Recon-j^* 
ciling  it  Allowed  of.3  [thereof. 

Mr  Riders  &  Mr  Gibb's  the  like  at  ffordham.*  Mr  Ridf  & 

Mr  Gibbs. 

1  "Along  Broadway  and  State  street,  which  was  called  the  Hill." —  Pearson' 
Early  Records  of  Albany,  p.  13. 

1  Collateral  and  Illustrative  Documents,  No.  XXV. 

•Collateral  and  Illustrative  Documents,  No.  LXXXI.  Captain  John 
Manning,  Thomas  Lovelace  and  John  Rider  had  been  appointed  by  the 
governor  to  report  on  this  case. 

« Collateral  and  Illustrative  Documents,  No.  LXXXII;  also  No.  III.  John 
Rider  and  Thomas  Gibbs  had  been  chosen  by  the  governor  to  report  on  this 
case.  On  April  10,  1673,  John  Rider  was  sworn  steward  of  the  Manor  of 
Fordham,  "  duly  to  Administer  Justice  "  there. —  General  Entries,  vol.  4,  p.  278. 


148 


Province  of  New  York 


LSept26j 


Tho:  Petit 
about  a 
Divorce. 

Countrey 
Rates  to 
continue  as 
before. 


The  House 
in  y6  Fort 
at  Albany 
to  bee 

repaird. 


Thomas  Pettit's  Businesse  about  a  Divorce  to  bee 
deferr'd  till  his  wife  bee  brought  to  make  Answer.1 

As  to  ye  New  Countrey  Rate  for  ye  yeare  ensueing  — 
Notwithstanding  Delaware  Charges  yet  only  to  Continue 
the  i?  in  the  po?  as  before,  in  regard  of  the  Voluntary 
Contribution  lately  made  &c:  but  that  it  bee  recom- 
mended to  ye  Co1?3  of  Assizes  &  Sessions  to  moderate  the 
Expences;  And  at  the  Assizes  to  take  off  Wolves  and  Hue 
&  Cryes.2 

An  Ord?  for  ye  Reparacon  of  ye  House  in  the  ffort  at 
Albany  &  a  New  Kitchin  discourst  of  by  Mr  Delavall  to  the 
Governor  in  Councell,  allow' d  of. —  Vide  ye  Order.*  * 

» Collateral  and  Illustrative  Documents,  No.  LXXXIII.  Thomas  Petit, 
Petitt,  Pettit,  of  Newtown,  L.  I.,  charged  his  wife,  "  Sarah  Perry  als  Pettit," 
at  the  court  of  assizes,  in  October,  1672,  with  "  frequent  committing  of 
Adultery,  wch  before  diverse  persons  shee  hath  had  the  Impudence  to  avow 
without  any  apparent  Cause  given  by  her  husband,  for  the  wch  hee  hath 
made  Suite  that  hee  may  bee  divorced  from  her;  And  there  having  been 
Proof e  made  in  CoT*,  That  y6  s?  Sarah  Wife  of  ye  said  Thomas  had  Legall 
Summons  &  timely  notice  to  make  her  appearance  in  this  Co1?  in  her  Defence 
if  shee  had  any  thing  to  say  in  her  Justificacon  against  what  shee  stood 
accused  of,  but  hath  either  refused  or  neglected  to  doe  the  same;  The  Premises 
being  taken  into  Consideracon,  and  the  Proofs  &  Evidences  appearing  very 
plaine  against  the  said  Sarah,  The  Co1?  doth  adjudge  &  think  it  reasonable 
that  the  said  Thomas  Pettit  should  have  a  Bill  of  Divorce  from  the  said 
Sarah  his  Wife,  the  w°h  the  Co1?  cloth  recommend  to  ye  Goverao!,  &  doe 
likewise  Order,  That  whensoever  y6  said  Sarah  shall  bee  found  within  this 
Governm*,  shee  shall  bee  committed  to  Prison,  there  to  remaine  untill  the 
next  Co1?  of  Sessions  or  Assizes,  when  she?  shall  bee  prosecuted  &  receive 
punishm*  as  the  Law  doth  direct  for  the  Crime  of  Adultery."  Before  this 
decision  has  been  rendered,  the  complaint  had  been  referred  "  to  some  of 
the  Bench  to  examine  into,  &  report  their  Judgm*3  hereupon."  The  husband, 
of  course,  was  granted  an  absolute  divorce. —  Court  of  Assizes,  vol.  2,  pp. 
291,  299,  316. 

*  At  the  court  of  assizes,  of  October,  1672,  the  rates  were  modified  for  the 
several  towns  on  Long  Island,  wolves  being  "  discounted  wth  ye  Constables 
within  whose  limitts  "  they  were  killed. —  N.  Y.  Colonial  MSS.,  vol.  22, 
p.  142  (Article  2). 

« Collateral  and  Illustrative  Documents,  No.  LXXXIV. 


r  1672  i 

LJVOV.    IQJ 


Executive  Council  Minutes 


149 


Present 


[119]  At  a  Councell  held  at  Fort 
James  in  New  York  the 
I9l.h  Novem:  1672. 


ane 


The  Governof 
M?  Steenwijck 
The  Secretary. 

The  Mattf  first  under  Consideracon  was  the  Complaint 
&  Petitions  of  John  Jennings  *  &  William  Jane  of  Soutfcon 
about  Jn°  Coopers  Evill  Words  against  the  Governing  &  afs'  jn? 
Cap?  Howells  2  &  MT  Mulfords  3  Justification  of  what  they  Co°PeT- 
have  done.4 

A  Peticon  brought  in  by  Jn?  Jennings  about  his  being 
bound  over  to  the  Sessions. 

Another  from  William  Jane  to  ye  same  Purpose. 

The  Depositions  of  William  Jane  &  Thomas  Travally  5 
read,  about  Jn?  Coopers  Scandalous  Words. 

William  Jane  sworne  to  it  here,  there  being  Supposition 
the  former  Oath  before  Jn?  Jennings  to  bee  invalid,  hee 
being  not  an  Officer  capacitated  for  it. 

Thomas  Travally  not  prsent  here,  but  ye  Justice  is  to  bee 
sent  to  for  his  Oath  likewise. 

1  John  Jennings  "  of  North-Sea  within  ye  Jurisdiction  of  South-Hampton  " 
-*as  "  Marshall  &  Cryer  at  y6  Court  of  Sessions,"  hi  the  East  Riding  of  York- 
shire for  several  years  and  received  Lovelace's  confirmation  in  the  post, 
August  n,  1671. —  General  Entries,  vol.  4,  p.  13.  For  an  order  increasing 
his  fees  as  marshal,  October  17,  1672,  see  ibid,  p.  219.  For  the  family  history 
see  Howell.  Early  History  of  Southampton,  L.  I.,  second  edition,  pp.  330,  ft". 

*  Captain  John  Howell,  of  Southampton,  L.  I.,  one  of  the  justices  of  peace 
for  the  East  Riding  of  Yorkshire.  For  the  genealogy  see  HowelTs  South- 
ampton, second  edition,  p.  302. 

•John  Mulford,  of  East  Hampton,  L.  I.,  one  of  the  justices  of  peace  for 
the  East  Riding  of  Yorkshire. 

«  Collateral  and  Illustrative  Documents,  No.  LXXXV. 

•The  name  is  spelled  variously  in  the  records,  as  Trevaly,  Trevally,  Tro- 
vally. —  Records  of  Southampton,  vol.  2,  pp.  92,  257,  262,  263,  329.  See 
also  Howell's  Southampton,  second  edition,  p.  439. 


Province  of  New  York 


1672 

ov.  i 


TheOrdf 
about  Jn? 
Cooper. 


Wm  Braw- 
ley's  De- 
posicon. 


Jn?  Jen- 
nings Cus- 
tomer. 

Edw? 

Petty  ye 

like. 


Concerning  ye  wch  &  ye  other  Deposicons  against  John 
Cooper.  This  Ordr  was  made  viz? 

Vpon  Perusall  &  Consideration  had  of  the  Testimonyes  of 
William  Jane  &  Thomas  Travally  [120]  wherein  is  sett  forth 
that  Jn?  Cooper  hath  spoken  words  tending  to  ye  Defamation 
ofye  Governor  &  this  his  R:  H?  his  Governmn*,  the  wch  thesd 
Wm  Jane  hath  been  sworne  to  before  ye  Governor&his  Coun- 
cell,  It  is  Ordered,  That  the  Oath  of  Thomas  Travally  bee 
taken  likewise  to  his  Testimony  by  the  Justice  of  ye  peace  at 
Southton,  &  that  Jn?  Cooper  bee  bound  over  to  make  AnswT 
to  what  shall  bee  layd  to  his  Charge  about  this  Matt?  at  the 
next  Co?  of  Sessions;  where  if  what  shall  bee  alledged 
against  him  doe  appeare  to  bee  true,  That  then  hee  bee 
bound  over  by  that  CoT*  to  the  Court  of  Assizes,  of  all  wch 
an  Account  is  to  bee  Rendred  unto  his  HonoT  ye  Governed 

By  Ordr  &c: 

Wm  Brawley  that  came  from  thence  in  Cap*  Delavalls 
Ketch  1  when  Cap*  Wasslyn  was  there,  can  testify  the  same 
that  Thomas  Travally  hath  declared  concerning  the  charge 
against  this  Cooper. 

Jn?  Jennings  recommended  to  bee  Customer  at  Southton 
wth  Jn?  Laughton.2 

Edward  Petty  of  Southold  3 

1  The  name  of  the  ketch  was  "  Rebeckah  ." 

Collateral  and  Illustrative  Documents,  No.  XXIX.  John  Laughton 
received  a  license  from  Governor  Lovelace,  on  June  19,  1669,  for  one  year, 
to  pay  Indians  in  liquors  and  powder  for  their  labor  in  whaling  operations. 
This  license  was  renewed  from  time  to  time,  among  the  renewals  being  that 
of  November  20,  1672,  when  John  Jennings  received  a  like  license,  jointly 
with  Laughton. —  Orders,  Warranis,  Letters,  vol.  2,  p.  440;  General  Entries, 
vol.  4,  pp.  20,  232.  The  instructions  of  Laughton,  as  sub-collector  of  South- 
ampton and  places  adjacent,  hi  1670,  are  in  Court  of  Assizes,  vol.  2,  p.  552. 
In  Records  of  East- Hampton,  vol.  i,  p.  380,  we  find  one  John  Laughton 
appointed,  on  August  10,  1675,  schoolmaster  of  that  town. 

•Collateral  and  Illustrative  Documents,  No.  XXIX.  Edward  Petty  was 
granted  a  home  lot  from  the  town  of  Southold,  on  February  3,  1658/9  He 


Executive  Council  Minutes  151 


Wm  Per- 
W1?  Perkins  of  East-Hampton.1  kins  the 

like. 
Capfc  Howells  Commission  to  bee  renewed  for  one  yeare  c^t 

ore.2  Howdl's 

Commis? 

MT.  Jennings  Busynesse  about  his  Bargaine  to  bee  [hjeard  renewd- 
Sessions. 


[121]   Mr  Melijen's   Peticon   about  ye  unloading  of  his  Isaack 


Melijen  & 
y6    Ship 
Expectac- 
tion  [sic] 


Ship  3  to  see  what  Damage  is  done,  that  it  may  bee  deter- 
mined here,  being  taken  into  Consideracon  hath  this  Ordr 

thereupon viz*     ^ 

Vpon  a  Peticon  prferrd  to  the  GovernoT  &  Councell  by  The  Ordr 
Mr  Isaack  Melijen,  That  hee  may  have  Lycence  to  unload  about 

i  TT  i  11   /-i  Melyen  & 

his  Ship,  soe  that  a  prsent  Value  may  upon  equall  Charge  hisVessell. 
bee  putt  upon  ye  Damage  the  Goods  on  board  his  Shipp 
may  have  receiv'd  by  the  late  Casualty  of  ye  Sea,  shee  having 
sprung  a  Leake;  It  is  Ordered  That  ye  Difference  between 
the  Ownr.s  &  ffreighters  concerning  the  said  Damage  shall 
bee  tryed  &  determined  here  in  this  Place  where  it  was 
receiv'd;  In  Ordf  whereunto  It  is  recommended  to  foure 
able  &  indifferent  Persons  who  are  desired  to  Examine  & 
make  Inspection  into  the  Matter  aforesaid,  &  if  possible  wth 
their  best  Skill  &  Judgm*3  to  Endeavour  a  Composure;  But 
in  case  they  cannot  make  an  Accord  between  them,  That 
then  they  forthwith  transmitt  ye  Matter  back  againe  to  ye 
Governo^  &  Councell,  who  will  make  such  Determination 
therein  as  shall  bee  consonant  to  Equity  &  good  Conscience. 

By  Ordr&c: 

was  a  ship  carpenter,  in  which  trade  several  of  his  sons  followed  him.  About 
1688,  he  sold  his  house  and  land  and  removed  to  Oyster  Ponds,  now  Orient, 
in  the  town  of  Southold,  settling  on  a  farm. —  Town  Records  of  Southold, 
vol.  i,  pp.  82,  314,  342. 

1  Collateral  and  Illustrative  Documents,  No.  XXIX.  *  Ibid. 

« Collateral  and  Illustrative  Documents,  No.  LV. 


152  Province  of  New  York  Uv.7%] 

The  persons  desired  to  take  this  trouble  upon  them  are 
Mr  Jn?  Laurence  1  Mayor  of  this  City,  Cap*  Isaack  Bedloo  2 
Alderman,  Cap^  Johannes  Van  Brugh,3  &  M?  Jacob  Leysler,4 
who  are  to  meet  about  it  wth  all  convenient  Expedition  to 
avoid  Demurrage. 


Laurence  was  one  of  the  first  group  of  aldermen  appointed  by 
Governor  Nicolls,  under  the  new  form  of  government  for  New  York  City, 
on  June  12,  1665,  and  sat  in  the  board  until  the  end  of  the  administration 
of  Nicolls,  in  August,  1668.  By  appointment  from  Governor  Lovelace,  he 
was  a  member  of  the  board,  from  October  9,  1669,  until  October  13,  1672, 
on  which  date  he  was  commissioned  as  mayor  of  the  city  for  one  year,  but 
his  term  was  cut  short  by  the  surrender  of  the  city  to  the  Dutch  in  1673. 
During  his  last  aldermanic  term,  October  13,  1671,  until  October  13,  1672, 
Laurence  held  the  title  of  deputy  mayor.  His  will  was  proved,  May  15, 
1699,  and  letters  of  administration  were  granted  to  his  widow,  Susannah.  — 
General  Entries,  vol.  I,  p.  121;  vol.  4,  pp.  53,  220;  Orders  Warrants,  letters, 
vol.  2,  pp.  75,  161,  176,  215-216;  Court  of  Assizes,  vol.  2,  pp.  261,  294,  331, 
421,  429,  571,  598;  Records  of  New  Amsterdam,  vol.  6,  pp.  201,  261-262, 
333;  Collections  of  New  York  Hist.  Society,  1892,  p.  307;  Historical  Genealogy 
of  the  Lawrence  Family.  New  York,  1858,  pp.  21-22. 

*  Isaac  Bedlow,  Bedloo  or  Bedloe,  was  an  alderman  of  New  York  City 
from  July  24,  1667,  until  October  9,  1669;  again  from  October  13,  1670,  until 
his  death  in  February,  1673,  and  was  succeeded  by  Oloff  Stevensen  van 
Cortlandt,  on  March  nth  of  that  year.  He  was  commissioned,  on  May  i, 
1668,  "  Comptroller  of  his  Ma1?65  Customes  for  this  Port  of  New  York,  & 
y6  rest  of  his  Royal  H^s  Territoryes,"  continuing  in  that  post  under  Lovelace. 
On  August  19,  1670,  Lovelace  gave  the  new  name  of  "  Love  Island  "  to  a 
"  Certaine  Little  Island  in  y?  Bay  neare  this  Citty  comonly  called  Oyster 
Island,"  for  which  Bedlow  had  had  "  a  Patent  graunted  by  Cott  Richard 
Nicolls,"  and  the  island  was  made  "  a  Priviledged  place  where  no  warrant 
of  Attachm*  or  arrest  shall  be  of  force  or  be  served  unlesse  it  be  by  y?  gov- 
ernoT8  spe[c]iall  warrant  in  Cases  of  breach  of  y?  peace  or  Cryminall  Mattr?" 
This  is  the  island  yet  known  as  Bedloes  Island,  in  New  York  harbor.  He 
died  intestate.  A  commission  was  appointed,  on  April  10,  1673,  "  to  supervize, 
State,  &  Audit  "  his  books  and  accounts,  and,  on  August  9,  1675,  his  widow, 
Elizabeth,  daughter  of  Cornelis  de  Potter,  having  been  sued  by  some  of  his 
creditors,  was  upon  her  application  appointed  administratrix.  —  Orders,  War- 
rants, Letters,  vol.  2,  pp.  176,  215-216,  227,  298;  Records  of  New  Amsterdam,  vol. 
6,  pp.  261-262,  333;  Court  of  Assizes,  vol.  2,  pp.  409,  576,  603,  633,  687;  Gen- 
eral Entries,  vol.  4,  pp.  33,  47,  53,  166,  194,  220,  268,  276;  Collections  of  N.  Y 
Hist.  Society,  1892,  p.  30;  Brodhead.  Hist,  of  N.  Y.,  vol.  2,  p.  168;  Innes. 
New  Amsterdam,  p.  49;  Joannes  Nevius  and  his  Descendants,  pp.  81-84. 

1  Captain  Johannes  Peterse  van  Brugh. 

4  Jacob  Leislei. 


Executive  Council  Minutes  153 


[122]  At  a  Councell  held  in  Fort 
James.  Novem:  22*.h  1072. 
Present 

The  Governor 

Cap?  Tho:  Delavall  —  Mr  MayoT  > 
Cap*  Cornells  Steenwijck. 
The  Secretary. 

The  Mattr  taken  into  Consideracon  was  the  MattF  of  Mr 

Smith,  & 

Smith  &  Huntington,2  occasioned    by   Mr  Woods3    bring-  Hunting- 
ing    hither   Thomas   Benedict 4  &   Henry   Whitney,5  who  ,ton- 
appeared. 

Their  first  Testimony  produced,  to  y6  w**  ye  said  Benedict 
&  Whitney  were  Sworne,  It  is  deliver' d  in,  &  read. 

Thomas  Bennedict  declares  what  their  Explanation  was, 
viz*  not  of  Land  but  Meadow  &  Herbage  bought,  wch 
appeares  upon  Record. 

A  Copie  of  the  first  Testimonyes  read  also./ 

M?  Benedict  &  M^  Whitney  doe  Declare  That  the  Originall  Mr  Bene- 
Testimonyes  now  given  in  by  them  in  Writing,  sworne  to  ^itne  __ 
before  Richard  Olmstead  Commission?,  is  the  very  same  Deponents 
Writing  sent  by  them  formerly  to  the  Inhabitants  of  Hunt-  in  y6  Case- 
ington,  &  that  they  sent  noe  other. 

1  Those  present  were  Governor  Lovelace,  Secretary  Nicolls,  Mayor  John 
Laurence,  and  the  former  mayors,  Delavall  and  Steenwyck. 

«  Collateral  and  Illustrative  Documents,  No.  XXV. 

•Jonas  Wood,  of  Huntington,  L.  I.,  justice  of  peace,  having  been  commis- 
sioned by  both  Nicolls  and  Lovelace  to  that  office. —  Orders,  Warrants, 
Letters,  vol.  2,  p.  434;  Deeds,  vol.  2,  p.  19.  See  also  Huntington  Town  Records, 
vol.  i,  pp.  6-7,  46,  63,  148-149,  185,  503. 

4  Thomas  Benedict,  of  Norwalk,  Conn.,  and  formerly  a  resident  of  Hunting- 
ton,  L.  I.  See  Huntington  Town  Records,  vol.  i,  pp.  8,  23,  37,  87.  See  also 
Benedict  Genealogy,  by  Henry  M.  Benedict,  and  Whitaker.  Hist,  of  Southold, 

P- 51- 

1  Henry  Whitney,  of  Norwalk,  Conn.,  and  formerly  a  resident  of  Hunting- 
ton,  L.  I.  See  Huntington  Town  Records,  vol.  i,  pp.  16,  19,  30,  32,  66; 
Phoenix.  Whitney  Family  of  Conn. 


154  Province  of  New  York 


That  ye  Copie  thereof  now  produced  Attested  by  Mr  Wood 
&  Isaack  Platt J  is  the  very  same  was  by  them  shewn  to  Mr 
Smith,  when  hee  was  at  Norwalk  with  them. 

[123]  The  wch  being  much  prest  by  Mr  Smith,  That  Mr 
Benedict  should  bee  Sworne  to  the  Truth  thereof,  hee  being 
unsatisfyed  that  it  was  the  same;  Hee  was  accordingly 
Sworne  to  it  before  the  Governor  &  Councell,  in  the  presence 
of  Mr  Smith  his  Wife  &  others. 

MF  Melijen       Mr  Melyen's   Peticon  taken   againe  into  Consideracon, 
againe.         Mr  Mayor  &  the  rest  having  brought  in  their  Report,  y*  they 
could  not  accomodate  ye  same,2  this  following  Ordr  was 
made  — 

The  last  WHEREAS  —  Vpon  a  Peticon  prferr'd  by  Isaack  Melijen 
Ordr  of  to  yC  Governor  &  Councell  upon  the  19^  day  of  this  Instant 
upon  it.—  Month  about  Liberty  to  unload  his  Ship,  that  the  Damage 
might  bee  adjudged  here,  The  Matt?  was  referrd  to  ye 
Examinacon  &  Inspection  of  Mr  Mayor,  &  some  other  able 
&  indifferent  persons  to  endeavour  a  Composure  of  the 
Difference  between  ye  Own1?  &  ffreightr.s,  of  wch  Report  hath 
been  made  back  unto  ye  Governor  that  they  could  not 
attaine  thereunto;  The  Petition  afore-men coned  &  whole 
meritts  of  the  Case  being  taken  into  serious  Consideracon, 
It  is  Ordered  that  the  Petnr  Isaack  Melijen  shall  have 
Liberty  to  unload  his  Shipp  in  this  Port,  to  the  End  what 
Damage  the  {Freight1?  Goods  have  receiv'd,  may  bee  viewed 
&  adjudged;  And  in  the  Vnloading  ye  ffreightr-s  are  desired 
to  bee  ayding  &  Assisting  unto  the  [124]  Own"  or  Mastr  in 

1  Isaac  Platt,  often  called  Plott  in  the  records,  was  a  son  of  Joseph  Platt, 
of  Barrington,  a  village  near  Hartfordshire,  England.     He  and  his  brother, 
Richard,  removed  from  Milford,  Conn.,  to  Huntington,  in  1666,  where  he 
became  an  overseer,  in  1671,  and  constable,  in  1679. —  Pelletreau.  Records 
of  Town  of  Smithtown,  L.  /.,  p.  473;  Huntington  Town  Records,  vol.  i,  pp. 
44,  46,  93,  145-146,  178,  1 88;  243,  344. 

2  Collateral  and  Illustrative  Documents,  No.  LV. 


[j^.7y  Executive  Council  Minutes  155 

taking  Notice  &  Ace*  of  their  Goods  as  they  shall  bee  removed. 
It  is  likewise  Ordered,  That  if  it  shall  appeare  that  the 
Damage  the  Goods  or  Merchandize  hath  sustayned  on 
board  hath  arisen,  either  from  the  Insufficiency  of  the  Vessell 
before  shee  sett  forth  upon  her  Voyage,  or  by  the  Willfull 
neglect  of  the  Owner,  That  then  hee  shall  pay  ye  whole 
Charge,  &  such  Damage  as  the  Goods  shall  bee  adjudged 
to  have  receiv'd,  but  if  it  shall  happen  to  bee  found 
otherwise,  and  that  ye  Leake  sprung  by  Casualty  of 
the  Sea's  or  extraordinary  Stress  of  Weather,  That  the 
whole  Charge  &  Damage  shall  bee  borne  &  supported  by 
an  Avery  Grosse  according  to  the  Customes  in  such  Cases 
provided,  i 

By  Ordr  &c: 

The  Goods  may  bee  putt  in  the  Kings- Warehouse,  &  the 
{Freight1?  are  desired  to  bee  ayding  in  Observing  the  Markes 
of  their  Goods. 

[125]  At  a  Councell  held  in  Fort 

James,  Jan1?  27^  1672. 
Present 

The  Governor 
MrTho:Delavall 
Mr  Cornelis  Steenwijck 
The  Secretary. 

The  first  thing  under  Consideracon  is  the  Letters  from  Albany 
Albany.  Ir 

About  ye  Murdf  of  M?  Jn?  Steward,1  by  two  North  Indyans,2  Murder 

Collateral  and  Illustrative  Documents,  No.  LXXXVI.     See   also  Brod- 
head.   Hist,  of  N.   Y.,  vol.  2,  p.  198. 
1  The  Mahican,  an  Algonquian  tribe. 


156  Province  of  New  York 


by  Name  the  one  Calcop,1  'tother  Keketamp  of  the  Castle 
called  Naratack.2 

The  Lett?  from  ye  Commissaryes,  Cap!1  Salisbury,3  & 
Cap*  Parker,4  with  the  Relacon  thereof  are  read.  —  Where- 
upon this  Order  was  made. 

The  Ordr  WHEREAS  certaine  Informacon  hath  been  given  of  a 
Barbarous  Murder  committed  upon  the  Body  of  one  M? 
Jn?  Steward  a  Souldyer  belonging  to  the  Garrison  at  Albany 
at  or  neare  the  s?  Towne  by  two  North  Indyans,  by  name 
the  one  Kalcoep,  &  'tother  Keketamp  belonging  to  the 
Indyan  Castle  called  Naracktack,  which  said  two  Murderers 
are  said  to  bee  in  Hold.  Vpon  serious  Consideracon  had 
hereupon,  &  that  exemplary  Justice  may  bee  done  upon  ye 
Delinquents,  [126]  It  is  Ordered,  That  a  Commission  bee 
forthwith  sent  up  to  Cap*  Silvester  Salisbury,  Cap*  Jeremias 
Van  Renslaer,  the  Commissaryes  &  all  ye  Commission 
Officers  of  the  Militia  to  sitt  as  a  Court  of  Oyer  &  Terminer; 
wch  said  Co1?  is  to  try  ye  Male-factor,  &  being  found  guilty 
to  pronounce  ye  Sentence  of  Death  upon  them,  &  cause  the 
same  to  bee  putt  in  Execution,  after  wch  their  Bodyes  are  to 

1  Calcop  is,  no  doubt,  a  corruption  of  the  Dutch  Kaalkop,  meaning  bald- 
head,  and  was  applied  as  a  sobriquet.  The  minutes  here  state  that  he  was 
a  "  North  "  Indian  or  Mahican,  of  the  headquarters  of  that  Algonquian 
tribe.  There  was  another,  dubbed  by  this  name,  who  was  a  sachem  of  the 
Esopus  Indians  and  had  a  son  named  Tantupawhee.  The  Esopus 
Calcop  or  Kaelcop  appeared,  on  April  n,  1670,  before  Captain  Dudley  Love- 
lace and  others,  to  certify  to  an  agreement  which  Governor  Nicolls  had  made 
with  the  Esopus  Indians,  on  October  7,  1665,  concerning  acts  of  hostility, 
commission  of  murders  and  land  grants.  He  is  yet  found  as  an  Esopus 
sachem  in  1677.  —  N.  Y.  Colonial  Manuscripts,  vol.  22,  p.  4,  and  recorded 
in  Deeds,  vol.  3.  See  also  Olde  Ulster,  magazine,  vol.  2,  p.  165;  vol.  5,  p.  265. 

'The  reference  is  to  Nachtenack,  Nachtenak,  the  Mahican  name  applied 
to  the  point  of  land  at  Waterford,  N.  Y.,  between  the  Mohawk  and  Hudson 
Rivers.  —  Ruttenber.  Indian  Geographical  Names,  p.  180;  Beauchamp. 
Aboriginal  Place  Names  of  New  York,  p.  194. 

1  Captain  Sylvester  Salisbury  was  commander  of  Fort  Albany. 

4  Evidently  William  Parker,  who  was  a  sergeant  on  October  13,  1671,  at 
Albany.  —  Pearson.  Early  Records  of  Albany,  p.  490. 


[jan.7^]  Executive  Council  Minutes  157 

hang  in  Chaynes  upon  a  Gibbett  or  Gallowes  to  bee  Erected 
in  somfe]  eminent  Place  neare  ye  Towne,  soe  to  strike  the 
greater  terro^  in  the  rest  of  their  Companions,  but  that  it 
bee  left  to  ye  discretion  of  the  CoT*  how  long  time  their 
Bodyes  shall  bee  exposed  in  that  manner,  according  as  they 
shall  adjudge  it  most  safe  or  convenient:  And  that  before 
the  Try  all  Notice  bee  given  to  as  many  of  the  Indyans  both 
Sachems  &  others,  as  conveniently  can  bee  made  acquainted 
therew1.11  to  bee  present  &  see  the  Proceedings  of  ye  Court 
against  the  Murderers,  where  the  Sachems  are  to  bee  treated 
wth  all  Civility,  &  also  that  the  said  Indyans  bee  at  the  Place 
of  Execution;  Of  all  wch  an  Acco*  is  to  bee  returned  hither 
to  his  Honor  the  Governor,  with  ye  first  Opportunity. 

By  Ordf  &c: 

Jeuffro 

[127]  Jeuffrou  Curlers  Peticon  from  Schanechtade  desiring  Schanech- 
some  ffavour  about  Liberty  to  trade  wth  the  Indyans,  in  tide. 

regard  of  her  great  Losse  by  the  ffire.1  totradewth 

ye  Indyans. 
1  Antonia  or  Tuentje  Juriaense,  was  the  daughter  of  Juriaen  Slaghboom. 

Her  first  husband  was  Jonas  Bronck,  of  Westchester,  who  died  in  1643.  She 
was  soon  married  to  Arent  van  Curler,  of  Rensselaerswyck,  and  removed 
with  him  to  Schenectady  upon  the  founding  of  that  settlement  in  1662.  It 
was  in  1667  that  her  now  famous  husband,  Arent  van  Curler,  was  drowned 
during  a  tempest  by  the  capsizing  of  his  canoe  hi  Lake  Champlain,  probably 
near  Split  Rock,  while  on  his  way  to  Canada,  accompanied  by  Marion  La 
Fontaine,  a  young  Frenchman,  whom  he  had  rescued  from  the  Mohawks, 
and  bearing  passports  and  a  letter  from  Governor  Nicolls  to  Governor  De 
Tracy.  Father  Jean  Pierron,  S.  J.,  writing  to  Mrs.  van  Curler,  on  September 
~,  1667,  condoled  with  her  on  the  sudden  death  of  her  husband,  of  which 
he  had  been  apprised  by  one  of  his  own  men,  Sebastian  by  name,  who  was 
with  the  Iroquois  at  the  head  of  Lake  Champlain,  on  their  way  to  Quebec. 
Father  Pierron  stated  that  her  husband's  death  would  cause  great  affliction 
in  Canada,  as  he  was  much  beloved  by  the  French,  who  were  preparing  to 
entertain  him  at  Quebec  with  much  magnificence.  He  said  that  the  canoe 
was  found  broken  up,  and  was  astonished  that  her  husband  should  have 
trusted  himself  on  that  lake  in  such  a  wretched  boat.  The  van  Curler  house 
hi  Schenectady  stood  on  land  now  occupied  by  the  Mohawk  Club.  Owing 
to  the  loss  of  this  house,  barns  and  corn  by  fire,  and  hi  consideration  of  the 


158  Province  of  New  York  fja'n67327] 


Her  Lett?  to  M?  Delavall,  &  another  to  M?  Beeckman  1 
upon  the  same  Acco* 

An  Order  thereupon  as  followeth. 

The  Ordr  )  Vpon  ye  Request  of  Antonia  Van  Curler  of  Schanechtide 
lereupon.  \  prsente(j  to  ^jg  Hono?  ye  Governo?  that  having  not  long  since 
receiv'd  a  very  great  Losse  by  ffire,  shee  may  for  her  prsent 
Reliefe  bee  soe  farr  indulged  as  to  have  Licence  to  sell  some 
Rumm  to  ye  Indyans,  as  also  some  quantity  of  Powder  & 
Lead;  The  Premisses  being  taken  into  serious  Consideracon 
It  is  Ordered,  That  in  regard  of  the  very  great  Losse  & 
Damage  sustayned  by  the  said  Antonia  Van  Curler  in  having 
her  House,  Barnes,  &  Corne  destroyed,  as  by  her  is  sett  forth, 
as  also  the  Losse  of  her  Husband,  Arent  Van  Curler,  while 
hee  was  employed  in  his  Ma11.65  Publick  Service,  Shee  the 
said  Antonia  his  Widdow  shall  have  free  Liberty  &  Licence 
for  ye  space  &  terme  of  one  whole  yeare  &  two  Months  after 
the  Date  hereof,  That  is  to  say,  from  the  first  day  of  Aprill 
next  untill  the  2Qth  day  of  May  wch  shall  bee  in  the  yeare  of 
or  Lord  1674.  to  sell  &  dispose  of  to  the  Indyans  or  others 
[128]  in  &  about  Schanechtide,  in  Rumme  one  hundred 
Anckers,  &  in  Lead  to  the  Value  of  two  hundred  Beav1?  or 
1000  Weight;  But  for  Powder  in  this  conjuncture  of  time 
during  the  Warr,  It's  thought  inconvenient  any  Extra- 
ordinary Liberty  should  bee  granted  therein. 

By  Ordr  &c: 

death  of  her  husband  in  the  public  service,  as  above  stated,  she  was  granted 
a  license  to  trade  with  the  Indians  and  others.  It  was  also  believed  that  a 
license  to  her  would  lessen  the  quarrels  that  had  been  going  on  between  two 
other  tapsters  at  Schenectady,  Cornelis  Cornelijssen  Viele  and  Aques  or 
Jaques  Cornelijssen  Gantsh  [van  Slyck],  the  latter  an  Indian  who  had  been 
originally  licensed  by  Governor  Nicolls. —  Sainsbury.  Calendar  of  State 
Papers,  America  and  West  Indies,  1661-1668,  p.  497;  N.  Y.  Col.  Docs.,  vol. 
2,  p.  652;  Pearson.  Early  Records  of  Albany,  pp.  56,  444;  Brodhead.  Hist. 
of  N.  Y.,  vol.  2,  p.  121 ;  Van  Rensselaer  Bowier  Manuscripts,  p.  817;  Thwaites. 
Jesuit  Relations,  index;  Scharf.  Hist,  of  Westchesler  County,  vol.  i,  p.  77°- 
See  also  Collateral  and  Illustrative  Documents,  No. 
'  Thomas  Delavall  and  William  Beeckman. 


[jan.727]  Executive  Council  Minutes  159 


The   Matt1"  of  Difference   between  ye   two  Tappers   at  rThe  2 
Schanechtide,  not  thought  fitt  any  Order  shall  bee  madeJTappr3  of 
therein  further,  this  Liberty  to  the  Widdow  probably  being  |  ^anech" 
a  meane  to  defeat  both  their  Expectations.1 

The  Commissaryes  LettT  to  ye  Governor  about  ye  Contri-  Esopus. 
bution,  not  yet  ready,  &  a  Request  that  a  Tax   imposed 
about    three    yeares    agone    upon    their    Land,    Working 
Horses,  &  Cowes  may  continue  to  support  the  Charge  of 
the  Towne.2 

M?  Graveraets  Letter  for  ye  Continuance  likewise. 

The  OrdT  thereupon.  • 

Vpon  Consideration  had  what  hath  been  represented  to  his  The  Ordf 
Hono?  ye  Governor  by  ye  Schout  &  Commissaryes  at  ye  * 
Esopus  as  touching  their  Voluntary  Contribution  towards 
the  ffortifications  here,  and  a  Tax  heretofore  Agreed  to  [129] 
bee  imposed  for  y6  time  of  three  yeares,  upon  each  Margen 
of  their  Improved  Land,  as  also  upon  their  Working  Horses 
and  Milch  Cowes  towards  the  defraying  ye  Publick  Charge 
of  their  Towne,  wch  said  time  being  now  Expired,  they 
desiring  a  Continuance  of  the  said  Tax,  upon  the  same 
Acco*  as  before;  Both  the  said  Particulars  having  been 
taken  into  Consideration,  It  is  Ordered,  That  the  said  Volun- 
tary Contribution  bee  Collected  &  paid  in  to  M?  Isaack 
Graveraat 3  the  Schout  in  good  Corne  according  to  ye 

Collateral  and  Illustrative  Documents,  No.  LXIX.  The  two  tapsters 
were  Cornelis  Cornelijssen  Vide  and  the  Indian,  Aques  or  Jaques  Cornelijssen 
Gantsh  [van  Slyck]. 

1  Collateral  and  Illustrative  Documents,  No.  X. 

•Isaac  Graveraet,  Greveraat,  Greveraet,  Greveratt,  was  granted  a  letter 
of  denization  in  New  York  City,  on  November  9,  1670,  "  as  being  here  at  ye 
SurrendT  "  in  1664.  He  removed  with  his  family  to  Kingston,  about  March, 
1670/1,  and  succeeded  William  Beeckman  as  schout  there.  On  July  12, 
1671,  Lovelace  authorized  him  "  to  take  an  Acco*  of  all  Sloops  or  boats 
wch  shall  come  in  there  bound  for  that  place  [Kingston],  &  make  an 
Entry  of  their  Loading;  And  likewise  that  hee  cause  ye  Master  or  Skipper  of 
any  such  Sloope  or  Boate  before  hee  comes  away  to  take  a  Certificate  or 


i6o 


Province  of  New  York 


Cap* 

Chambers 
freed  from 
Rates. 


Intent  &  Meaning  of  the  Donation,  otherwise  it  shall  b< 
in  the  Liberty  of  the  said  Schout  to  refuse  the  same,  &  coi 
strayne  them  to  pay  better.  And  likewise  that  ye  formei 
Taxe  upon  ye  Land,  ye  Working  Horses  &  Kine,  bee  con- 
tinued for  two  yeares  longer,  or  untill  farther  Order,  begii 
ning  from  the  Expiracon  of  the  last  three  years.  And  for 
that  there  was  ye  last  yeare  the  Summe  of  sixteen  hundred 
Guild"  allowed  towards  the  Publick  Charge  of  the  Towne 
out  of  ye  Excize;  It  is  also  Ordered,  That  an  Acco*  bee 
given  to  the  Governor  how  the  said  sixteen  hundred  Guil- 
ders, &  ye  last  three  yeares  Tax  hath  been  expended;  when 
Consideracon  will  bee  had  how  the  two  yeares  Taxe  for  the 
time  to  come  shall  bee  disposed  of.  B  O  dr  &  — 

That  some  particular  Ord?  bee  sent  to  Cap*  Chambers,1 

Pass-porte  for  his  Vessell  and  Loading,  as  is  practized  in  other  Ports." — 
Court  of  Assizes,  vol.  2,  pp.  615,  657;  General  Entries,  vol.  4,  p.  3.  See 
sketches  in  Bergen.  Kings  County  Settlers,  p.  124;  and  N.  Y.  Geneal.  and  Biog. 
Record,  vol.  7,  pp.  60-61.  His  first  wife,  Lijsbeth  Jeuriaens,  he  married  on 
March  24,  1652;  his  second  wife,  Marritje  Jans,  on  June  2,  1663. —  Records 
of  R.  D.  Church,  Marriages,  pp.  16,  29. 

1  Captain  Thomas  Chambers,  a  carpenter  by  trade,  had  possession  of  a 
tithable  farm  located  between  Wynant  and  Poesten  Kills  (now  southern 
Troy),  from  November  i,  1647,  until  July  14,  1654.  At  the  latter  date  he  was 
already  a  resident  of  the  Esopus,  now  the  city  of  Kingston,  but  then  the 
principal  rendezvous  of  the  Esopus  Indians,  from  whom  he  had  obtained  a 
deed  of  purchase,  on  June  5,  1652,  which  was  confirmed  on  September  28, 1669. 
Here  with  a  few  associates,  he  began  the  actual  settlement  of  that  section  of 
New  York.  On  account  of  the  terror  of  Indian  depredations,  he  abandoned 
this  farm,  in  1655,  returning  after  the  fear  had  subsided.  He  was  there  dur- 
ing the  first  Esopus  Indian  war,  in  1658,  and  aided  in  repelling  the  Indians 
during  the  second  Esopus  war,  hi  1663.  Chambers  was  one  of  two  represent- 
atives sent  from  Wiltwyck,  as  Kingston  was  then  called,  to  the  general 
assembly  at  New  Amsterdam,  in  April,  1664.  On  November  8,  1659,  he 
was  granted  a  lot  at  Fort  Orange  (Albany).  On  May  21,  1667,  he  received 
a  patent  for  an  estate  at  the  Esopus,  named  Fox  Hall,  and  on  October  16, 
1672,  obtained  from  Governor  Lovelace  the  privilege  of  erecting  this  estate 
into  the  Manor  of  Fox  Hall.  He  died  on  April  8,  1694,  and  devised  to  his 
stepson,  Abraham  van  Gaasbeek,  who  took  the  surname  of  Chambers,  all 
his  manorial  estate  and  privileges. —  General  Entries,  vol.  4,  p.  216;  Patents, 


lian.7337]  Executive  Council  Minutes  161 


who  is  exempted  from  being  Rated  by  the  Towne,  in  regard 
of  his  Manno?  * 

[130]  That  some  particular  Ordr,  or  Lettr  of  Thanks  beef^P1 
sent  to  Cap*  Pawling2  for  his  care  &  Vigilance  concerning 
the  Indyans  there,  since  the  Murdr  at  Albany; 3  &  that  hee 
continue  the  same  &c: 

The  Governor  himselfe  will  doe  it. 

Cap^  Carrs 4  Lettr£J  about  AfFayres  there,  &  the  Whore-Kill  Delaware, 
with  his  Proposalls. 

In  particular,  About  ye  Sloope  of  Thomas  Lewis,  goeing 
up  the  River  &c: 5 

About  wch  this  Ord?  was  made. 

Vpon  its  being  represented  to  ye  Governo?  &  Councell  y6  Ordr  about 
Inconvenience  of  debarring  Sloopes  &  Vessells  of  this  Place  0e^gUpto 
from  goeing  up  ye  River  6  above  New  Castle,  Although  it  N:  Castle. 

vol.  2  (second  part),  pp.  45-47;  Land  Papers  HH,  p.  102;  Van  Rensselaer 
Bowier  Manuscripts,  pp.  755,  835;  Olde  Ulster,  magazine,  vol.  i,  pp.  77-83, 
"7,  304,  333;  vol.  2,  pp.  97-104;  vol.  3,  pp.  303-311,  353-354;  vol.  5,  pp. 
327-336;  Schoonmaker.  Hist  of  Kingston,  pp.  6,  492;  Brodhead.  Hist,  of 
N.  Y.,  vol.  i,  pp.  536,  607,  711,  728-729;  vol.  2,  pp.  194-195;  Collections  of 
N.  Y.  Hist.  Society,  1893,  pp.  122-123. 

1  Collateral  and  Illustrative  Documents,  No.  LXXXVII. 

*  Captain  Henry  Pawling  had  come  over  as  a  soldier  with  Colonel  Richard 
Nicolls,  in  1664.  He  was  given  an  honorable  discharge  from  his  regular 
military  service  by  Governor  Lovelace,  on  April  18,  1670,  it  "  being  now  a 
Time  of  Peace,"  and  to  afford  Pawling  an  opportunity  "  to  follow  his  private 
affaires."  At  the  same  time  Pawling  was  commissioned  captain  of  "  the 
ffoot  Compos  listed  or  to  bee  listed  in  the  Townes  of  Marbleton  &  Hurley  & 
precincts  at  Esopus."  He  describes  himself  in  his  will,  dated  January  21, 
1691,  as  "  of  Marbletown,  in  the  County  of  Ulster,  being  weake  and  sicke." 
This  will  was  proved  on  March  25,  1695,  and  letters  of  administration  were 
granted  to  his  widow,  Neltie  or  Neeltje,  daughter  of  Albert  Heymans  Roosa, 
of  Hurley. —  JV.  Y.  Colonial  Manuscripts,  vol.  22,  p.  100;  Collections  of  N.  Y. 
Hist.  Society,  1892,  p.  251.  For  the  family  history  see  Pawling  Genealogy 
(1905),  pp.  13-15,  26;  Olde  Ulster,  magazine,  vol.  i,  pp.  339~342- 

1  The  murder  of  John  Steward.  See  Collateral  and  Illustrative  Documents, 
No.  LXXXVI. 

4  Captain  John  Carr. 

6  Collateral  and  Illustrative  Documents,  No.  I, VI. 

•  Delaware  River. 


1  62  Province  of  New  York 


bee  permitted  to  all  Vessells  within  the  Governm?  to  goe 
up  ye  River  l  to  Albany,  as  also  the  Distast  wch  hath  been 
taken,  that  some  have  had  Licences  soe  to  doe,  whiles 
others  are  restrayned;  It  is  thought  fitt  &  hereby  Ordered, 
That  the  Prohibition  thereof  shall  bee  taken  away,  &  it 
shall  &  may  from  henceforth  bee  lawfull  for  any  Sloope  or 
Vessell  to  goe  up  the  said  River,2  bringing  a  Certificate  from 
ye  Governor  of  his  coming  from  hence,  but  that  noe  other 
Vessell  shall  have  the  like  Liberty,  but  such  as  doe  Sayle 
from  this  Place  thither  directly.  r>  Q  dr  &  • 

[131]  A  Lett?  from  M?  Wharton,3  &  another  from  Cap* 
Cantwell  4  about  ye  Affayres  of  ye  Whore-  Kill. 

A  Proposall  for  ye  Reducem*  of  ye  Whore  Kill  by  the 
Offic1?  from  Delaware  according  to  their  Proffer.  5 

The   Consideracon   hereof  to   bee   suspended   untill   the 
Returne  of  Henri  jck  the  Loper,6  or  a  convenient  Oppor- 
tunity of  sending. 
Douglas.          The    Lettr    wth    which    Wm    Douglas    was    sent    from 

Delaware.7 
The  Ordf         Ordered,  That  in  regard  of  the  Trouble  hee  hath  given 

1  Hudson  River. 
1  Delaware  River. 

•  Captain  Walter  Wharton. 

4  Captain  Edmond  Cantwell. 

•  Collateral  and  Illustrative  Documents,  No  LXX. 

«On  November  24,  1671,  "  Hendrick  Drooge-Straet,  als  de  Loper,"  of 
New  York  City,  was  given  a  warrant  to  enable  him  "  to  pass  Delaware  River 
downe  to  New-Castle,  or  back  againe  toward  this  place  [New  York],  having 
Lettr.s  &  Dispatches  of  publiq*  Concerne."  —  General  Entries,  vol.  4,  p.  72. 
In  the  records  he  is  named  also  "  Henry  ye  Loaper."  —  Ibid,  p.  46.  Drooge- 
straet  became  a  resident  of  EHzabethtown,  N.  J.,  where  he  was  a  baker. 
His  wife  was  Margaret  Stuyvesant,  stepsister  of  Director  General  Peter 
Stuyvesant,  and  former  wife  of  Jacob  Backer.  —  Records  of  New  Amsterdam, 
vol.  6,  pp.  255-256;  N.  /.  Archives,  vol.  21,  p.  50;  Hatfield.  Hist,  of  Elizabeth, 
pp.  249-251. 

»  Collateral  and  Illustrative  Documents,  Nos.  XIII  and  LXXXVIII. 


Executive  Council  Minutes  163 


the  Countrey,  hee  bee  sent  by  Wm  Shackerley  *  for  the 
Barbados,  there  to  bee  sold  &  Disposed  of,  to  make  Satis- 
faction towards  the  Charges  hee  hath  occasioned. 

About  ye  Prison1?  Request  for  their  Liberty,2  &  first  of 
Benjamin  Johnson,  It  is  ordered  as  followeth.  Thom: 

The  Case  of  Benjamin  Johnson  a  Prison1"  in  ye  State- 


House  3  of  this  City  being  taken  unto  Consideration,  together 
wth  the  long  time  of  his  being  in  Durance,  It  is  Ordered, 
That  in  regard  hee  hath  received  the  full  Corporall  Punish- 
ment, hee  was  condemned  to  suffer,  &  there  remaining  noe 
part  of  his  Sentence  to  bee  executed,  except  the  Banishm?, 
That  hee  shall  forthwith  bee  releast  out  of  Prison  by  the 
SherifFe,4  with  Liberty  to  returne  to  his  House,5  &  goe  about 
his  Affayres,  but  that  hee  presume  not  [132]  at  his  Perill  to 
come  nearer  to  any  part  of  the  City  then  his  Habitacon, 
untill  the  first  day  of  March  next,  when  hee  is  againe  to 
Surrender  himselfe  into  ye  Custody  of  the  Sheriffe,  &  farther 
Order  will  then  bee  given  him  by  the  Governor  t 

ByOrdT&c: 

1  The  records  show  that  William  Shackerley  was  master  of  the  ship  "  Mary," 
in  1668;  of  the  "Adventure,"  of  which  Robert  Rich,  Jr.,  of  Barbados,  was 
owner,  hi  1670;  and  of  the  ship  "  Endeavour,"  hi  1672-1673.  —  Court  of 
Assizes,  vol.  2,  pp.  574,  587,  589;  Deeds,  vol.  3,  p.  131;  General  Entries,  vol. 
4,  pp.  213,  260;  Records  of  New  Amsterdam,  vol.  6,  pp.  158,  159,  244,  246. 
For  his  will,  dated  July  13,  1680,  hi  which  he  is  called  "  of  New  York,  mar- 
iner," see  Collections  of  N.  Y.  Hist.  Society,  1892,  p.  466. 

1  Collateral  and  Illustrative  Documents,  No.  LXXXVIII. 

•The  old  Stadt  Huys  or  city  hall  was  erected  originally  in  1642,  under 
the  auspices  of  the  Dutch  West  India  Company,  as  a  tavern,  and  was  granted, 
in  1654,  to  the  burgomasters  and  schepens  of  New  Amsterdam.  It  was 
substantially  built  of  stone  and  stood  on  the  present  northwest  corner  of 
Pearl  street  and  Coenties  Alley  until  demolished  hi  the  spring  of  1700.  For 
an  account  of  this  building,  with  plans  and  illustrations,  see  Innes.  New 
Amsterdam  and  its  People,  ch.  xv. 

4  Allard  Anthony. 

1  Johnson  was  the  hangman  of  New  York  City;  Faulx  and  the  third  accom- 
plice in  the  thefts,  Roger  Essex,  were  servants  of  Captain  John  Manning.  — 
Magazine  of  American  History,  vol.  16,  pp.  234-235. 


1 64  Province  of  New  York 


upon  ye  Sentence  of  ye  Court  hee  bee   Transported  out  of  the 

Government  by  the  first  Convenience;    In  the  meane  time 


The  Ordr         About  Thomas  ffaulx;    It  is  Ordred,  That  according  to 
ye  Sentence  of  ye  Coui 
Government  by  the  firs 
to  remaine  in  Custody. 

Paper.  The  Consideracon  hereof  for  ye  prsent  to  bee  suspended.1 

Cap*  Man-       A   Peticon   from  ye   Inhabitants  of  this   Island   against 
nins<  Cap*  Mannings  Patent  for  Land  by  the  ffrench-Manns.2 

Order.  That  ye  Governo?  will  in  some  convenient  time  cause  to 

bee  layed  out  a  Proportion  of  about  fourty  Acres  of  Land 
according  to  his  first  Proposalls,  the  which  hee  may  enclose, 
but  not  more;  but  that  hee  have  Priveledge  of  Commonage 
with  other  Inhabitants. 

About  Vpon  Complaint  made  by  ye  great  Quantityes  &  Noy- 

The  Order,  someness  occasioned  by  keeping  of  Hoggs  in  [133]  the  City, 
It  is  Ordered  to  bee  Recommended  to  the  Court  of  Mayo1^ 
&  Alderman  to  finde  out  some  Expedient  for  ye  Clearing 
the  Towne  of  them,  or  that  they  bee  kept  without  the  City, 
that  they  bee  noe  longer  a  Nusance  to  the  Neighbourhood.//3 
Datis  [  ^er  Pet^on  reac*>  f°r  Liberty  to  come  hither  wth  her  Sonn, 
and  Sloope,  with  Goods. 

An  Order  accordingly  to  M?  Mayo?  not  to  grant  any 
Warrant  or  Attachm*  either  against  her  or  her  Sonn, 
Sioope,  or  Estate,  shee  shall  bring  wth  her.4  —  The  Ord? 
at  large. 

1  Related  to  contributing  toward  the  repair  of  Fort  James. 

1  Jacob,  the  Frenchman,  also  known  as  Jacob  Fransen  or  Fransman,  dwelt, 
in  1665,  outside  of  the  land  gate  of  New  York  City,  or  Broadway  above 
Wall  Street.  No  grant  of  land  to  Captain  John  Manning,  in  this  section, 
has  been  discovered.  On  February  21,  1671/2,  Manning  received  a  patent 
for  land  north  of  Turtle  Bay. 

*  Hogs  at  large  in  New  York  City  were  a  grievance  from  the  Dutch  period 
to  the  early  nineteenth  century.  The  court  of  burgomasters  and  schepens, 
immediately  after  the  recapture,  in  August,  1673,  passed  ordinances  for 
preventing  them  from  straying  and  injuring  the  fortifications.  —  Records  of 
New  Amsterdam,  vol.  6,  p  406;  vol.  7,  p.  36. 

«  Collateral  and  Illustrative  Documents,  No.  LXXXIX. 


b«zn.727]  Executive  Council  Minutes  165 


Vpon  ye  Request  of  Sarah  ye  Widdow  of  Nicholas  Davis  *  The  Ordf 
deceased  made  unto  his  Hono'  y*  Governor,  That  shee 
may  have  Liberty  to  come  to  this  City  wth  her  Sonn  Samuel 
Davis,  together  wth  his  Sloope  &  Loading,  without  any 
Molestacon  by  Arrest  or  Attachment,  from  any  of  her  late 
Husbands  Credito1?,  the  better  to  bee  enabled  to  treat  wth, 
&  if  Occasion  bee  Compound  wth  y6  said  Credito1?,  & 

» Nicholas  Davis  was  a  prominent  merchant-trader,  whose  ships  sailed 
from  New  England  to  New  York,  Virginia  and  Holland,  as  the  records  reveal. 
He  obtained  a  large  tract  of  land  from  the  Indian  sachem,  Hi  anna, 
located  on  an  inlet,  now  called  I^ewis  Bay.  It  was  called  Hyannis,  and  was 
in  the  town  of  Barnstable,  then  of  Plymouth  Colony.  On  this  farm  he  built 
his  home  and  a  large  warehouse,  and  resided  for  many  years.  Some  time 
between  April,  1669  and  April,  1671,  he  removed  to  Newport,  R.  I.,  no  doubt 
changing  his  domicile  on  account  of  his  avowed  attachment  to  the  tenets 
of  Quakerism.  On  the  last  named  date  he  agreed  to  sell  his  Hyannis  holdings 
to  Dr.  Henry  Taylor,  of  Boston,  and  at  that  time  he  was  already  a  resident 
of  Newport.  Davis  had  houses  in  the  Smiths  Fly,  New  York  City;  bought 
an  estate  at  White  Stone,  L.  I.,  on  February  15,  1671/2,  and  had  possessions 
in  Newport,  where  he  was  admitted  a  freeman  of  the  colony,  on  May  2,  1671. 
He  was  also  owner  or  part  owner  of  ships  and  shipping,  as  well  as  holder  of 
merchandise.  On  June  24,  1672,  he  was  accidentally  drowned  in  Newport 
Harbor.  Dying  intestate,  with  his  possessions  entangled  in  litigation  and 
by  debts,  his  wife,  Sarah,  refused  "  to  administer  or  intermeddle  therein  " 
in  New  York,  and  his  creditors,  among  them  Dr.  Henry  Taylor,  were,  on 
February  20,  1672/3,  appointed  administrators.  Davis  seems  never  to  have 
made  good  his  bill  of  sale  to  Dr.  Taylor  for  the  Hyannis  farm;  hence  Taylor 
brought  suit  at  the  court  of  assizes,  in  October,  1672,  for  attachment  on  the 
estate  and  appurtenances  at  White  Stone,  L.  I.  Sarah  Davis,  having  been 
"  allowed  Administratrix  to  her  Husband  by  ye  Governor  &  Assembly  at 
Rhode  Island,"  for  his  estate  in  that  colony,  did  not  appear  at  the  October 
term,  but  at  a  special  court,  in  December,  was  represented  by  Lieutenant 
Joseph  Torrey,  of  Rhode  Island.  Dr.  Taylor  was  put  in  possession  of  the 
White  Stone  property,  where  he  resided  until  his  death  in  1719.  On  July  4, 
l673»  John  Whalley,  of  Boston,  was  appointed  administrator  of  Davis's 
estate  in  Plymouth  Colony,  and  on  the  same  day  the  court  assigned  a  house 
and  land  in  Barnstable  to  Mrs.  Davis,  in  lieu  of  her  dower  right. — Court  of 
Assizes,  vol.  2,  pp.  295-296,  304,  306,  308,  332-335;  Orders,  Warrants,  Letters, 
vol.  2,  pp.  63,  87,  270;  Deeds,  vol.  3,  p.  140;  Collections  of  N.  Y.  Hist.  Society, 
1892,  pp.  26-27;  1893,  pp.  198-199;  Otis-Swift.  Genealogical  Notes  of  Barn- 
stable  Families,  vol.  i,  pp.  291-292,  294-296;  Records  of  R.  I.  Colony,  vol.  2, 
PP-  374»  507;  Arnold.  Vital  Records  of  R.  /.,  vol.  7,  p.  98;  Plymouth  Colony 
Records,  vol.  5,  pp.  124-125;  vol.  7,  pp.  178-179. 


166  Province  of  New  York 


likewise  use  y6  meanes  to  gather  in  &  receive  such  Debts  as 
were  due  unto  her  said  Husband,  And  when  time  &  Season 
suites,  after  such  Goods  as  are  on  board  upon  {Freight  are 
Landed,  That  shee  may  wth  her  said  Son  &  his  Sloope, 
quietly  depart  againe  without  any  [134]  Lett  or  hinderance, 
thereby  to  seek  &  Endeavour  to  give  all  the  Creditor  the 
best  Satisfaction  shee  can  enabled  to;  The  Premisses  being 
taken  into  Consideration,  &  that  all  possible  ffavor  may  bee 
extended  to  the  Widdow  in  her  soe  just  &  reasonable 
Endeavo1?;  It  is  Ordered  That  the  said  Sarah  Davis  her 
Request  bee  fully  Granted;  of  wch  the  Mayor  of  this  City, 
Justices  of  the  peace,  &  all  other  Offic1?  whom  it  may  Con- 
cerne  are  to  take  Notice,  That  they  issue  forth  noe  Warrant 
of  Arrest  or  Attachment,  against  ye  said  Widdow,  her  Sonn, 
his  Sloope,1  or  any  of  the  Goods  or  Loading  shee  shall  bring 
in  her,  but  that  they  have  free  Egresse  &  Regresse  to  & 
from  this  Port  without  any  manner  of  Lett,  hindrance,  or 

Molestacon  whatsoever. 

By  OrdT  &c. 

[135]  At  a  Councell  &c: 

Janr.y  28^  1672. 
Pres* 

The  Governor 
Mr  Tho:  Delavall 
MT.  Cornelis  Steenwijck 
The  Secretary. 

A  Packett  The  Occasion  of  Meeting  was  ye  Reception  of  a  Packett 
^™te  from  White-Hall  by  the  hands  of  Mr  George  Moore,2  which 
Hall.  came  from  England  by  the  way  of  Boston;  hee  arrived  in 

the  After-noone  about  4  a  Clock. 

1  The  sloop  of  Samuel  Davis  was  the  "  Dolphin." 

1  Apparently  this  is  the  George  Moore  who  had  land  patents  in  Delaware. — 
See  Original  Land  Titles  in  Delaware,  pp.  102,  128,  165. 


Executive  Council  Minutes  167 


The  Pacquett  came  only  from  S?  Joseph  Williamson, 
wth  diverse  Newes-Bookes  l  &c:  relating  ye  Miscarriage  of  a 
Packett  from  his  Mau.e,  w°h  M?  Gorsuch  2  was  to  give  Acco*. 
of,  but  his  Letter  is  not  Arrived.  The  Letter  writt  in  hast, 
but  mentions  noe  Publick  Busynesse. 

[136]  At  a  Councell  held  &c: 

Apr:  I4*!1  1673. 
Present 

The  Governor 

Mr.  Delavall  * 
M?  Steenwijck 
The  Secretary 

The  Busynesse  of  Peter  Groenendijke  suspended  for  a  Peter  Groe- 
few  Dayes.' 

M'  Gardn1?  of  Nantuckett  his  Businesse  suspended.  ^4        Mr  Gard- 

ner of  Nan- 

>  Newspapers.  tuckett— 

1  Richard  Gorsuch,  who  conveyed  his  right  to  a  patent  for  a  tract  of  land 
on  the  west  side  of  Delaware  River  to  Governor  Lovelace.  It  is  described  as 
"  bounded  on  ye  North  by  a  Creek  called  by  ye  Indyans  Quiackitkunck  ats 
Nicambanack  Creek,  &  South  by  ye  North-side  of  Pemecacka  Creek,  passing 
over  Pasaquessing  Creek."  —  General  Entries,  vol.  4,  p.  189  (dated  in  an  order 
relating  thereto,  August  12,  1672). 

1  Collateral  and  Illustrative  Documents,  No.  XC.  Peter  Groenendijcke, 
Groenendijke,  Groenendike,  Groenendyke,  Gronendike,  also  called  Peter 
Smith,  was  granted  liberty  to  trade  with  the  Indians  at  the  Whorekill,  on 
October  22,  1670.  He  had  a  parcel  of  land,  granted  to  him  in  1679,  on  the 
west  side  of  Delaware  River  and  on  the  north  side  of  Murther  Creek,  called 
"  new  Seavgnhoven."  —  Court  of  Assizes,  vol.  2,  p.  610;  Original  Land  Titles  in 
Delaware,  pp.  41-43.  For  a  sketch  see  Bergen.  Kings  County  Settlers,  p.  126. 

4  Collateral  and  Illustrative  Documents,  No.  XVIII.  Richard  Gardner  was 
appointed  by  Lovelace  chief  magistrate  of  Nantucket,  in  place  of  Tristram 
Coffin,  in  April,  1673.  At  a  meeting  of  the  inhabitants  of  Nantucket,  on 
March  22,  1666/7,  ne  was  given  a  grant  on  the  island  "  according  to  the 
Grants  made  to  Seamen  and  Tradesmen,  upon  Condition  that  hee  exercise 
himselfe  as  a  Sea-man,  and  that  hee  come  to  Inhabitt  here  with  his  ffamily 
before  the  End  of  May,  —  68.  And  after  that  his  Entrance  here,  not  to 
depart  the  Island  in  Point  of  dwelling,  for  the  Space  of  three  Yeares,  upon 
Forfeiture  of  the  Grant  aforesaid."  —  Deeds,  vol.  i,  p.  74. 


1 68  Province  of  New  York  [A$3I4] 


Whore-Kill.      The  Affayres  of  the  Whore- Kill  taken  into  Consideration.1 
The  Lett1?  from  Cap^  Carr,2  Cap*  Wharton,3  &  Cap* 
Cantwell 4  read,  with  their  Proposalls  for  Reducement  of 
the  Place. 

Order  for  \  It  is  Ordered,  That  a  Commission  bee  sent  to  ye  Officr?  & 
its  Re-  I  Magistrates  at  Delaware  to  goe  to  ye  Whore- Kill,  there  to 
keep  a  Court  in  his  Ma1*.68  Name,  &  to  make  Enquiry  of  all 
Irregular  Proceedings,  &  to  settle  the  Governm*  and  Officers 
there  as  formerly  under  his  MatJ?s  Obedience,  &  the  Pro- 
tection of  his  Royall  Highness,  for  the  wch  there  shall  like- 
wise bee  sent  particular  Instructions.* 

Quakers  [J37]  The  Quakers   Paper  about  y6  ffortifications   con- 

Petition       sidered  of 

LaWes  That  the  Lawes  bee   Attended    as  to  Military  Matt1?,5 

Military       &   m's   Ma*.68  Proclamation    as  to  the  Liberty  granted  to 
attended.      Non-Conformists;    other    Matt1?    relating  to  them    to  bee 

suspended. 

The  Bakers      The   Bakers   Peticon   about  ye   Cure-Masters   Place   of 
Cure-  ^      Bread  &  Floure,  considered  of. 

Mastr  Vpon  ye  Peticon  of  ye  Bakers  &c:   It  is  thought  fitt,  That  a 

The  Order.  Meeting  shall  bee  had  by  y6  Governor  &  Councell  wth  y6 

Mayo?  &  Aldermen,  to  discourse  &  consider  of  this  particular 

Business,  when  all  Persons  that  are  concern' d  shall  have 

Notice  to  appeare  &c: 6 

Kingdome        The  Busynesse  of  Kingdome  &  Tijs  Barents  7  referred 

Barents.  ,  Collateral  and  Illustrative  Documents,  No.  LXX. 

J  Captain  John  Carr. 

» Captain  Walter  Wharton. 

« Captain  Edmond  Cantwell. 

8  For  the  provisions  of  the  Duke  of  York's  laws  as  to  military  affairs,  see 
Colonial  Laws  of  New  York,  vol.  i,  pp.  49-55. 

•Collateral  and  Illustrative  Documents,  No.  XCI.  The  records  of  the 
mayor's  court  for  this  period  are  missing. 

1  Tijs  or  Mathijs  Barentsen  is  found  as  one  of  a  number  of  recently  arrived 
persons  who,  on  August  22,1661,  petitioned  for  land  on  Staten  Island. —  N.  Y. 
Colonial  MSS.,  vol.  9,  p.  735. 


Executive  Council  Minutes  169 


back  to  y*  Justices  that  sate  upon  the  Bench  for  their  Deter- 
minacon,  of  wch  to  make  Report  to  y6  Governo' 

Tan   Tansen's  Peticon  to  bee  referred  to  the  Viewing  of  JanJan' 

j         J  sens  Peti- 

the   Governor,   &   some   of  the   Councell,    in    some    short  tion. 
time. 

Mr  Nicholls  his  Charges  at  Delaware,  Anno  1669.     An  Mr  Nicolls 

Order  for  the  Payment  of  it  out  of  the  Long  ffinns  ffines  as  of  Dela. 

before.1  ware.— 

[138]  Delaware  Last  Charges  to  bee  p<?  out  of  the  Publick,2  Delaware 
but  suspended  for  further  Consideracon  how  &  in  what-  J*st 

•  Charges. 

manner.^ 

Some  Survey's  from  Mr  Wharton,3  Ord'red  to  bee  Patented,  [Surveys 

u    i      T»         •     •  r         i-  •  from  Mf 

wth  the  Restriction  of  settling  in  due  time.  I  wharton 

I  to  bee 
L  patented 

[139]  At  a  Councell  in  y6  Fort  &c: 

Apr:  18^  1673. 
Present 

The  Governor 
&  Councell. 
The  Mayo? 
&  Aldermen. 

The   Matt'   under   Consideracon   was   y6   Complaint   of  Juriaen 
Jurian   Blanck  4  on  ye   behalfe  of  his   Daughter  5   against  p^Grte 

1  Collateral  and  Illustrative  Documents,  No.  XL  nendijke. 

*  Collateral  and  Illustrative  Documents,  No.  LXXIII. 

•  Captain  Walter  Wharton. 

4  Juriaen,  Jurian  or  Jurijaen  Blanc;,  Sr.,  was  a  skipper  engaged  in  trading 
with  the  Swedes  on  the  Delaware  as  early  as  1645.  In  1646,  while  attempting 
to  trade  on  the  Schuylkill,  the  Swedish  commander  ordered  him  away.  In 
the  will  of  his  widow,  Catharine,  dated  September  i,  1698,  their  children  are 
mentioned. —  Brodhead.  Hist,  of  N.  Y.t  vol.  i,  pp.  380,  424;  Collections  of 
N.  Y.  Hist.  Society,  1892,  p.  296. 

1  Annetije  or  Jannetije  Blanck.  Apparently,  after  the  Groenendijcke  affair, 
she  was  married  to  George  Brewerton. — Collections  of  N.  Y.  Hist  Society, 
1892,  p.  296. 


Province  of  New  York 


Peter  Smith  ats  Groenendijcke,  &  the  Affayre  between  him 
&  Maria  De  Lanoy./  1 

All  the  Papers  &  Peticons  read  on  both  parts.  ^  2 

Jurijaen  Black  Sen?  &  Jun?,  &  Jannetije  &  Katharine 
Blanck  3  his  Daughters  wth  Albert  Bosch  4  his  Sonn  in  Law 
appeare  before  ye  Governor  to  bee  heard  what  they  could 
prove  of  ye  Allegations  putt  in  against  Peter  Groenendijke. 

Peter  Groenendijcke  also  wth  M?  Sharp  5  his  Attorney 
present;  Peter  brought  in  by  ye  Sheriffe.6 

Hee  is  Ordered  to  bee  Committed  into  ye  Custody  of  the 
Sheriffe,  &  not  to  stirr  out  of  ye  ffort.j  7 

Maria  De  Lanoy  wth  her  Brother  Peter  appeare. 

Shee  declares  Peter  Groenendijkes  making  Love  to  her 
to  beginn  the  last  yeare  in  the  fore  part  of  [140]  the  yeare, 
and  that  hee  lay  wth  her  in  OctofcV 

Shee  produces  two  Papers,  one  his  Oath  Dated  Aug:  S*.11 
1672.  &  a  Paper  of  Aprill  y6  ir^  under  ye  hands  of  ffredrick 
Gijsbert 8  &  his  Wife;  M?  De  Pijester,9  Peter  De  Lanoy,  & 
Cornelia  de  Pijester. 

It  was  putt  to  ye  Vote,  whither  Peter  Groenendijke  shall 
be  permitted  to  marry  either  of  the  two  young  Women. 

Collateral  and  Illustrative  Documents,  No.  XC.  See  also  Valentine's 
Manual,  1860,  p.  596. 

8  These  papers  have  not  been  found. 

» Katharine  or  Katharina  Blanck  is  named  in  her  mother's  will  as  "  Cata- 
lyna,  wife  of  Frans  Boon." — Collections  of  N.  Y.  Hist.  Society,  1892,  p.  296. 

4  Albert  Bosch  or  Busch,  son  of  Hendrick  Bosch  and  Ann  Maria  Rembach, 
was  born  in  Leyden,  in  1645.  He  came  over  with  his  parents  in  1660,  and 
married,  on  May  i,  1668,  Elsie,  one  of  the  daughters  of  Juriaen  Blanck,  Sr. 
Like  his  father,  he  was  a  smith.  His  widow,  Elsie,  is  mentioned  in  her  mother's 
will. —  Riker.  Revised  Hist,  of  Harlem  (1904),  p.  368;  Collections  of  N.  Y. 
Hist.  Society,  1892,  p.  296;  Records  of  R.  D.  Church,  Marriages,  p.  33. 

•  John  Sharpe. 

•  Allard  Anthony  was  sheriff  of  New  York  City. 
7  Fort  James. 

•  Fredrick  Gijsbertsen. 

•  Johannes  de  Peyster,  who  was  at  this  time  an  alderman  of  the  city. 


Executive  Council  Minutes  171 


Mr  Darvalls  *  Opinion  is,  That  hee   should   marry  one 
of  them,   the  wch  can  make  her  Right   best    appeare   to 
him. 

Mr  Rombout,2  That  hee  is  capable  to  marry  one  of  them. 

Mr  De  Pi  jester,  That  hee  should  marry  one. 

Mr  Oloffe  Stevens  3  the  like. 

Mr  Van-Ruijven 4  desires  to  consider  of  it  before  hee  gives 
his  Answer;  but  after  saith  one. 

Mr  Mayor 5  desires  Informacon  as  to  a  President,  but  after 
yields  to  one. 

The  Secretary,6  That  having  broken  his  Troth  to  both, 
hee  should  have  neither. 

Mr  Steenwijck7  for  one. 

Mr  Delavall 8  for  neither,  but  to  bee  severely  punisht,  & 
his  Estate  divided  between  them. 

The  Governor  for  one. 

[141]  The  farther  Consideracon  to  bee  respited  till  Mun- 
day  at  two  a  Clock  at  this  Place. 

In  ye  meane  time  Peter  Groenendijcke  to  putt  in  New 
Bayle  (the  old  Surrendring)  or  to  goe  to  Prison. 

i  William  Darvall  or  Dervall,  who  had  been  commissioned  an  alderman  of 
New  York  City,  on  October  13,  167;.  He  v/as  a  merchant  trader  of  New 
York  City,  to  whom  Governor  Nicolls  had  granted  permission,  on  September 
16,  1665,  to  trade  and  traffic  anywhere  in  the  English  colonies  of  America. 
From  time  to  time,  he  sent  large  quantities  of  goods  and  merchandise  to  his 
brother,  Cornelius  Darvall,  a  merchant  of  Amsterdam,  and  in  this  trade 
Thomas  Delavall,  his  father-in-law,  was  interested  with  him.  Darvall  had 
married  Rebeckah,  daughter  of  Delavall,  in  1670  (marriage  license  granted 
on  September  i2th).  In  1675,  Darvall  was  mayor  of  New  York  City  —  an 
office  previously  and  subsequently  held  by  his  father-in-law. —  General  Entries, 
vol.  i,  p.  138;  vol.  4,  p.  220;  Court  of  Assizes,  vol.  2,  p.  589;  Deeds,  vol.  4,  p  40. 

1  Francis  or  Francois  Rombout. 

1  Oloff  Stevensen  van  Cortlandt,  at  this  time  an  alderman  of  New  York  City. 

•  Cornells  van  Ruijven,  at  this  time  deputy  mayor  of  New  York  City. 

•  John  Laurence  was  mayor. 

•  Matthias  Nicolls. 

1  Cornells  Steenwijck,  of  the  council 

•  Thomas  Delavall,  of  the  council. 


172  Province  of  New  York 


TheBakers.       The  Bakers  Peticon  then  to  bee  taken  into  Consideration.1 

As  also  a  Peticon  heretofore  sent  from 
men  about  Sewant,  or  some  other  Coyne.3 


As  also  a  Peticon  heretofore  sent  from  ye  Mayo?  &  Alder- 


At  a  Councell  held  at  ffort 
James  in  New  Yorke,  ye 
22th  day  of  Aprill   1673 
the  Governor  being  Yes- 
terday absent. 
Present 

The  Governo? 

&  Councell. 

The  Mayo? 

&  Aldermen. 

Peter  Groe-       A  Peticon  from  Peter  Groenendijcke  to  excuse  his  goeing 

breaking  his  word-3 
A  Deposition  of  Annetije-Romers 4  taken  before  ye  Publick 

Notary  Wm  Bogardus5    in  Dutch  [142]  read  by  M?  Van 
Ruijven. 

A  Petition  from  Maria  De  Lanoy's  brought  in  &  read  by 
him  likewise. 
Reyner  Reyneer  Willems  6  Baker  saith,  being  present  at  Albert 

Willems 

Testimony.        l  Collateral  and  Illustrative  Documents,  No.  XCI. 

2  The  records  of  the  mayor's  court  for  this  period  are  missing 

•  Collateral  and  Illustrative  Documents,  No.  XC. 

•  Anneke  Romerse,  or  Roemerse.     See  Records  of  New  Amsterdam,  vol.  6, 
pp.  290,  299,  307. 

•  William  Bogardus  had  been  appointed  a  Dutch  notary  public  by  Governor 
Nicolls,  on  June  18,  1668,  "  for  the  Conveniency  &  Good  of  the  Dutch  Inhab- 
itants of  this  Citty  &  Governm*  as  well  as  for  Strangers  of  that  Nation  who 
may  arrive  here,"  and  Lovelace  had  reappointed  him,  on  September  10,  of 
that  year. —  Orders,  Warrants,  Letters,  vol.  2,  pp.  211,  246. 

« Reynier  Willemsen,  a  baker  of  New  York  City,  married,  on  April  10,  1660, 
Susannah,  daughter  of  Arent  Teunisen  and  Susannah  Jans. —  Collections  of 
N.  Y.  Hist.  Society,  1892,  p.  107.  See  also  Records  of  New  Amsterdam,  vol.  6, 
pp.  67,  287;  Records  of  R.  D.  Church,  Marriages,  p.  25. 


Executive  Council  Minutes  173 


Bosch's  House,  when  Peter  Groenendijk  returned  from 
Stratford,  hee  heard  Juriaen  Blanck  the  ffather  ask  him, 
Will  you  marry  my  Daughter  or  noe  ?  Yes  said  hee,  And  in 
two  dayes  the  Banes  shall  bee  putt  in,  if  it  bee  not  hindred; 
This  without  any  seeming  ffeare  of  ffbrce./ 

Cornelisse  the  ffisher  *  was  present,  &  for  that  hee  could 
say  noe  more,  desired  to  bee  excused  in  ye  Morning  from 
Attendance  having  Busynesse  by  Water. 

Two  Depositions  from  two  Widdowes  read  concerning 
Discourse  with  Maria  De  Lanoy.j? 

Its  alledged  that  Maria  may  not  bee  w^  Childe,  soe  putt 
to  Question  to  bee  searcht. 

Juriaen  Blanck  Sen?  &  Jun%  Katharina  Blanck,  &  Albert 
Bosch's  Testimonyes  read. 

Another  Paper  prferrd  by  Dr  Jacob  Vervang1?  Wife2 
Mariekije  about  Peter  Groenendijcks  being  heretofore 
engaged  to  Maria  Vander  Grift,  a  3 

Peter  Groenendijck  is  called  in  to  heare  it  read. 

1  Perhaps  this  refers  to  Cornells  de  Visser,  also  known  as  Cornells  Jansen  de 
Visscher. — Records  of  New  Amsterdam,  vol.  7,  p.  20;  Collateral  and  Illustrative 
Documents,  No.  LXXV,  in  list  of  contributors. 

2  Dr.  Jacob  Hendricksen  Varvanger,  Varrevanger,  Vervangher  (and  other- 
wise), came  over  to  New  Amsterdam,  in  1646,  and  was  official  surgeon  under 
the  Dutch  West  India  Company  until  his  discharge,  in  1662.     Upon  the 
English  occupation,  in  1664,  he  took  the  oath  of  allegiance  and  continued  to 
practise  his  profession  in  New  York.     He  died  before  February,  1677,  when 
his  wife,  Maritje  Jacobs,  is  found  in  the  records  as  a  widow. 

8  Apparently  Maritje,  daughter  of  Paulus  Leendertsen  vande  Grift,  baptized 
April  29,  1653,  and  who  was  married  to  Gerrit  van  Tricht.  Her  father 
remained  hi  New  York  until  October,  1670;  disposed  of  his  property,  and 
returned  to  Europe.  His  children,  Gerrit,  Margaritie  and  Maritje,  were 
granted  passes  by  Lovelace,  on  October  24,  1671,  to  ship  for  England  and 
Holland  in  the  ship  "  Good  Fame  of  New  York,"  together  "  with  their  Goods 
&  Necessary es."  Gerrit  is  called  "  ye  Barber  "  and  also  "  Chyrugion  of  the 
ships  crew."  The  deposition  of  Dr.  Varvanger's  wife  is  explained  by  the 
absence  from  the  country  of  Maritje  vande  Grift. —  General  Entries,  vol.  4, 
PP-  55>  57;  N.  Y.  Colonial  Documents,  vol.  2,  p.  43;  Bergen.  Early  Settlers  of 
Kings  County,  p.  317;  Records  of  New  Amsterdam,  vol.  6,  pp.  267,  272,  287- 
288. 


174  Province  of  New  York 


Hee  denyes  all,  but  that  some  Propositions  of  Marriage 
were  made  between  them. 

Some  Papers  putt  in  by  P.  Groenendijke  to  Invalidate  the 
Testimonyes  before  putt  in. 

[143]  Maria  De  Lanoy  her  Mother  &  Brother  called  in, 
wth  Anneke  Romers,  whose  Deposition  was  read  to  them  all. 

And  also  ye  Papers  brought  in  by  Pet:  Groenendike  read. 

Albert  Bosch  called  in  wth  ye  ffather  and  Daughters. 

Another  Witnesse  that  lives  at  Jeuffro  Philips  *  of  Words 
spoken  &  Maria's  2  Answ?. 

They  are  all  Ordered  to  withdraw. 

Then  ye  Governor  having  Ordered  a  private  Examinacon 
of  Peter  Groenendijke,  Jannetije  Blanck,  &  Maria  De 
Lanoy,  Hee  was  pleas'  d  to  leave  the  Chayre  to  Mf  Delavall  3 
&  the  rest,  soe  retired. 

Afterwards  upon  ye  Governor  Returne,  The  Meritts  of 
the  whole  Case  being  debated  at  large,  The  Co?  made  this 
following  Order. 

At  a  Court  Extraordinary  held 
before  ye  Governor  &  Councell 
&  Mayo'  &  Aldermen  at  ffort 
James  in  New  Yorke  ye  22th 
day  of  Aprill  1673. 

The  Ordf         The  Court  having  maturely  &  w^  Deliberacon  heard  & 

of  Court—    Examined  into  the  Mattf  of  ffact  committed  by  Peter  Groen- 

endijck  als  Smith  wth  Annetije  Blanck,  &  Maria  De  Lanoy, 

[144]   They   doe   adjudge,   That  ye   said   Groenendijke   is 

culpable  of  a  very  great  Crime  in  debauching  two  Daughters 

1  Apparently  Margaret  Hardenbroek,  daughter  of  Adolph  Hardenbroek, 
who  was  the  widow  of  Pieter  Rodolphus  de  Vries,  a  merchant  of  New  Amster- 
dam, when  Fredrick  Felypse  or  Philipse  married  her  in  1662 

1  Maria  De  Lanoy. 

1  Captain  Thomas  Delavall,  member  of  the  council. 


Executive  Council  Minutes  175 


of  honest  &  Vertuous  Parentage  of  this  City  under  ye 
pretext  of  Marriage;  And  it  being  made  manifest,  That  hee 
hath  gotten  them  both  wth  Childe,  &  each  of  them  having 
made  their  Complaint  &  sued  to  bee  marryed  to  him  accord- 
ing to  his  Promises  to  them;  Wee  doe  finde  that  having 
falsifyed  his  ffaith  to  both  hee  is  incapable  of  marrying  of 
either  of  them;  And  for  Reparacons  of  the  Injuryes  they 
have  received  by  his  Allurem1?;  The  Court  doth  Order  & 
Award,  That  ye  said  Peter  Groenendijke  shall  pay  or  cause 
to  bee  paid  unto  Annetije  J31anck  the  Summe  of  One  hundred 
&  fifty  Beave?,  or  the  Value  in  Peltry,  and  the  like  Suine  of 
One  hundred  &  fifty  Beavers  more  or  Value  in  Peltry  to 
Maria  De  Lanoy,  &  shall  also  for  his  Misdemeanor  &  breach 
of  the  Law,  pay  as  a  ffine  to  his  Matf.e  the  Suffie  of  seaventy 
five  Beavers,  or  Value  as  afore  specifyed.  And  likewise 
that  hee  the  said  Groenendijke  bee  Committed  into  ye 
Custody  of  the  Sheriffe  of  this  City  untill  hee  make  Satisfac 
tion  as  aforesaid,  or  give  Security  for  paymt  of  ye  same  within 
the  space  of  six  Weeks  after  the  Date  hereof.  All  Partyes 
aggrieved  are  to  beare  their  own  Charges,  but  the  Party  cast 
is  to  pay  the  other  necessary  Costs  &  Charges  of  this  Suites 

By  Ordr  of  ye  Governor 
and  Court  — 


[145]  At  a  Councell  held  at  Fort  James 

y6  29th  of  Aprill  1673. 
Present 

The  Governo' 
Mr  Steenwijck 

The  Secretary. 

Exporta- 

The  Matter  under  Consideracon  is  about  the  Exportacon  wheat 

ofCorne.  phibited. 


1  76  Province  of  New  York 


That  an  Ordr  bee  made  hereupon  to  Prohibitt  ye  Trans- 
portacon  of  Wheate  in  Grayne  &  Meale  as  before,  untill 
farther  Order.1 

The  Order  thereupon  is  as  followes.   Viz* 

The  OrdF  WHEREAS  ye  former  Ord1?  made  prohibiting  y6  Trans- 
portacon  of  Wheat  in  Grayne  &  Meale  out  of  ye  Governm 
were  heretofore  adjudged  Beneficiall,  &  for  ye  Generall 
Good  of  ye  Inhabitants,  yet  notwithstanding  upon  severall 
Applications  made  as  well  to  the  Governor  as  also  to  ye  last 
Generall  Court  of  Assizes,  That  the  said  Prohibition  might  be 
taken  off,  An  Order  issued  forth  from  ye  said  Court  com- 
plying wth  their  Request,  upon  the  Provisoes  in  the  said 
Order  sett  forth;  But  having  since  found  by  Experience 
ye  Inconvenience  thereof;  and  that  the  prices  of  Come 
doth  not  amount  to  the  Value  proposed;  Having  likewise 
susteyned  a  very  hard  Winter,  wch  hath  almost  consumed  all 
other  Grayne  wch  hath  been  made  use  of,  for  the  support  of 
Cattle,  soe  that  [146]  little  or  none  is  left  but  this  alone  for 
ye  Reliefe  of  the  Inhabitants;  For  the  Reasons  aforesaid,  as 
also  for  diverse  other  good  Causes  &  Considerations,  The 
Governor  by  &  with  ye  Advice  of  his  Councell  hath  Ordered, 
&  by  these  prsents  doth  hereby  Order  &  Declare,  That  ye 
Permission  for  the  Exportation  of  Wheat  in  Grayne  or  Meale 
out  of  this  Government  made  the  last  Generall  Court  of 
Assizes2  shall  bee  suspended,  and  the  former  Orders  for 
the  Prohibition  to  bee  in  fforce  from  and  after  the  Date  hereof, 

1  Collateral  and  Illustrative  Documents,  No.  XLI. 

8  The  court  of  assizes,  in  October,  1672,  had  ordered,  "  That  ye  Prohibicon 
for  ye  Transportation  of  Corne  for  this  yeare  bee  repealed;  &  it  shall  bee 
lawfull  for  any  Man  to  transport  Corne  to  Boston,  or  any  place  out  of  the 
Governm1,  as  long  as  the  price  of  Merchantable  Winter  Wheat  shall  bee 
4§:  6&  &  Summer  Wheat  4?  in  Silver  or  above,  but  not  under  that  price,  upon 
the  penalty  of  forfeiting  the  Value  of  what  they  shall  soe  dispose  of;  And 
what  Strangers  shall  come  to  purchase  Corn  here,  they  shall  not  buy  it  under 
4?  &  3§:  6^  in  Silver,  or  Goods  Equivalent  upon  like  Penalty."  —  Court  of 
Assizes,  vol.  2,  p.  323. 


r  i673  i 

LMay  i 


5J 


Executive  Council  Minutes 


177 


wth  ye  same  Provisoes  &  Limitations,  &  under  y*  same 
Penaltyes  as  heretofore;  And  that  noe  Person  doe  pre- 
sume to  transport  any  such  Corne  or  Meale  as  aforesaid, 
without  a  particular  Lycence  from  the  Governor  for  the 
same.  This  Prohibition  is  to  bee  &  continue  in  force  untill 
farther  Ordr 

By  Ordr  of  ye  GovernoT 
and  Councell  — 


Present 


[147]  At  a  Councell  in  y®  Fort.1 
May  15^  1673. 


The  Governor 

Cap*  Delavall 

Cap*  Steenwijck 

The  Secretary.  A  tre 

from  ye 

The  Dukes  Lett?  Dated  Novem:  25^  read,  relating  to  D-  about 
New  Jersey.2 

A  Letter  from  y6  Lord  Berkley 3  &  Sr  George  Carterett 
to  recommend  ye  Affayres  of  New  Jersey  to  ye  Governo?  Ld  Berkley 

Colt:  Nicolls  Patents  of  Elizabeth  Towne  and  Nevisans  &c: 
now  made  void  by  the  Duke.4 

A  Letter  from  y*  Lords  Proprietor  to  Coll  Nicolls  con- 
firming his  Patents  before  Cap*  Philip  Carterets  Arrivall 
being  objected,  the  State  of  ye  Case  to  bee  returned  to  his 
Royall  Highness. 

«  Fort  James,  New  York  City. 

•Printed  in  Learning  and  Spicer,  p.  31;  and  in  N.  J.  Archives,  vol.  i, 
pp.  97~98- 

•John,  Lord  Berkeley,  of  Stratton.  For  a  letter  from  the  proprietors  to 
the  deputy  governor  and  council  of  New  Jersey,  December  10,  1672,  see 
N.  J.  Archives,  vol.  i,  p.  108;  and  instructions  of  December  10,  in  ibid,  p.  105. 

«Navesink,  N.  J.     See  N.  J.  Archives,  vol.  i,  pp.  14-19,  43-48,  108;  Hat- 
field.   Hist,  of  Elizabeth,  pp.  29-42,  50-51. 
[12] 


78 


Province  of  New  York 


Milford 
Post. 


Beacons  to 
bee  erected. 

Whore  Kill. 


Sessions 
adjourned. 

An  Ordf 
thereupon. 

A  New 
Sheriffe 
in  y?    E. 
Riding. 

The  Ordf 


About  y6  Continuacon  of  ye  Post  to  Milford,  Concerning 
wch  Governor  Winthrops  *  Lett?  of  Encouragem^  is  read, — 
It  is  Ordered,  That  hee  bee  employed  to  goe  to  Milford,  but 
not  to  bee  putt  in  practice  till  a  Returne  from  Boston.2 

About  the  Erecting  of  Beacons, 

That  it  bee  putt  in  Practice  as  farr  as  possible. 

The  former  Ord?  of  Councell  about  Reducing  the  Whore- 
kill.  That  it  bee  putt  in  Execution  by  Commission  to  the 
Officers  there.3 

i     [148]  About  ye  Sessions,  That  it  bee  putt  off  this  June  till 
'the  Assizes  or  next  Sessions  in  Decemb?  at  this  juncture  of 
time,  of  which  Notice  is  to  bee  given  to  all  the  Justices.4 

An  Order  to  referr  to.  Vide  y6  4th  Book  of  Entryes. 

That  a  New  Sheriffe  bee  Nominated  for  the  East  Riding. 
And  Ord?  thereupon  —  viz* 

The  Governor  &  Councell  having  taken  into  Consideration, 
That  ye  time  drawes  nigh  wherein  a  Returne  of  the  Nomina- 
tion of  High  Sheriffe  is  to  bee  made,  the  three  Ridings  having 
successively  taken  their  Turnes  in  having  a  Sheriffe  for 
two  full  yeares  together,  the  East  Riding  beginning,  then 
the  North,  &  at  last  ye  West  Riding  To  the  end  the  Direc- 
tions in  the  Law  bee  Attende[d,]  the  Justices  of  y6  peace 
for  the  East  Riding  are  to  make  Returne  unto  ye  Governor  of 
ye  Names  of  three  Persons,  out  of  whom  his  HonoT  will  pitch 
upon  one  who  shall  have  Commission  to  bee  High  Sheriffe 
of  York-shire  upon  Long  Island  for  ye  yeare  ensueing  in 
y6  Place  &  stead  of  Cap^  Jn?  Manning5  the  prsent  High 

1  Governor  John  Winthrop,  the  younger,  of  Connecticut. 

*  Collateral  and  Illustrative  Documents,  No.  XCII. 

» Collateral  and  Illustrative  Documents,  No.  LXX. 

« Collateral  and  Illustrative  Documents,  No.  XCIII. 

•Collateral  and  Illustrative  Documents,  No.  XCIV.  Manning's  second 
term  expired,  on  the  face  of  his  commission,  on  June  3oth,  but  no  immediate 
successor  was  chosen.  In  1674,  Sylvester  Salisbury  was  high  sheriff  under 
Andros. 


[n«y73ij  Executive  Council  Minutes  179 


Sheriffe,  &  the  New  High  Sheriffe  is  to  bee  sworne  &  Enter 
upon  his  Employment  at  the  Expiracon  of  the  Date  of 
the  Commission  of  the  Old  one.  r>  Q  ir  » 

[149]  The  Case  of  Daniel  Lane,  when  &  how  to  bee  tryed  ? l  Dan:  tone. 

To  bee  suspended  till  his  Wife  come. 

Mary  Dobsons  Peticon,  read,  &  considered  of.  Dobsons 

Ordered,  That  in  regard  y*  Purchase  was  to  bee  paid  long  Petition, 
since  to  M?  Gabrije,2  as  by  Judgment  of  Court,  Shee  is  to  TheOrdf 
pay  y6   Remainder  of  the   Sume   unto  him,   but  without 
Interest. 

Asser  Levyes   Busynesse   considered   of,   About  Vander  AsserLevy 
Cooley  &  Nichols  De  Meyer.3 

1  Collateral  and  Illustrative  Documents,  No.  XCV.  The  offense  of  Daniel 
Lane,  of  Brookhaven,  referred  to  in  the  council  minutes  of  May  and  June, 
was  incest  "  on  his  owne  daughter."  His  wife's  name  was  Katharine. — 
Collections  of  N.  Y.  Hist.  Society,  1892,  pp.  57-58. 

'Timothy  Gabrije  or  Gabrie,  as  attorney  for  his  brother  Daniel,  brought 
suit  in  the  mayor's  court  of  New  York  City,  against  Mary  Dobson,  as  widow 
of  George  Dobson,  for  a  debt  of  four  hundred  guilders  in  tobacco,  being  for 
a  lot  of  ground  hi  New  York  City  purchased  by  Dobson.  The  case  having 
been  in  suspense  since  August,  1670,  an  execution  was  ordered  by  Mayor 
Laurence,  on  April  14,  1673.  Mrs.  Dobson's  petition  was,  no  doubt,  an 
attempt  to  get  a  stay  of  execution. —  Records  of  New  Amsterdam,  vol.  6, 
pp.  251,  283,  289,  363,  367,  373,  379-380. 

8  Collateral  and  Illustrative  Documents,  No.  XCVI.  For  a  sketch  of  Asser 
Levy  see  Publications  of  American  Jewish  Historical  Society,  No.  8  (1900), 
pp.  9-23,  and  for  his  estate  see  Collections  of  N.  Y.  Hist.  Society,  1892,  pp. 
112,  123.  Reynier  vander  Cooley,  or  Coele,  is  found,  in  1665,  as  a  distiller, 
allowed  to  remove  from  the  Delaware  to  New  York  "  with  his  Stills,  Vessells, 
and  any  other  necessaryes  belonging  to  him,  or  his  Trade."  He  was  sued 
for  debt  in  the  mayor's  court  of  New  York  City,  in  1669,  being  then  a  resident 
of  Kingston,  and  for  a  time  was  imprisoned  in  New  York  City  for  this  alleged 
debt,  but  released  because  "  Frederick  Pieterg.  Moritz  of  Esopus  is  ye  Originall 
DebtoF  for  the  non-paym?  "  of  a  "  Certaine  bill  of  325  G1^8  to  be  paid  in 
Holland,"  which  vander  Cooley  had  assigned  to  Francis  Rombout  and  Guilijn 
ver  Planck,  merchants  of  New  York  City. —  Orders,  Warrants,  Letters,  vol.  2, 
PP-  J5t  521;  Records  of  New  Amsterdam,  vol.  6,  pp.  59,  121,  etc.  Nicholas 
de  Meyer  was  a  merchant  of  New  York  City.  He  and  Asser  Levy  were  made 
denizens  on  the  same  day,  March  21,  1664/5,  and  at  that  time  were  given 


i  So 


Province  of  New  York 


[1673 

(.May  22 


Ordr 


Ordered,  That  Cap?  Chambers  l  deliver  ye  Wheat,  but 
Asser  Levy  to  bee  accomptable,  if  it  doth  not  appeare  the 
first  Judgment  is  paid. 


Pres? 


[150]  At  a  Councell  held  at  Fort 
James  ye  22^  May  1673. 


Mr    Graved 

raat  & 
C:  Pawling 
about  their 
difference. 


The  OrdF 


C.  Cham- 
bers & 
Edw: 
Whittacre. 


The  Governor 
Cap*  Steenwijck 
The  Secretary. 

The  Matt?  under  Consideracon  is  y6  Difference  between 
Cap?  Pawling,2  &  M'  Graveraat,3  of  w°h  diverse  Papers  are 
produced. 

M'  Graveraat  relates  his  whole  Case,  &  Cap?  Pawling 
likewise  by  word  of  Mouth. 

It  appeares,  That  Cap?  Pawling  had  been  committed,  & 
his  Sword  taken  away  by  Ord?  of  Mr  Graveraat  formerly, 
wch  aggravated  their  Difference  &  urged  him  to  take  Mr 
Graveraats  Sword  from  him. 

It  is  Ordered,  That  M'  Pawling  shall  deliver  Mr  Graveraat 
his  Sword  againe,  &  ye  Governo?  enjoynes  them  to  bee 
ffriends;  In  token  whereof  they  joyne  their  hands  together. 

The  Comp1?  of  Cap?  Chambers  about  Edward  Whittaker 
&  his  Wife,  &  his  Wife  &  a  Woman  reputed  to  bee  a  Witch.4 

permission  to  traffic  at  Albany.  De  Meyer  was  appointed  an  alderman  of 
New  York  City  by  Lovelace,  on  June  7,  1669,  to  fill  a  vacancy,  and  he  was 
reappointed  thereafter  to  serve  until  October,  1670.  He  was  mayor  of  the 
city,  in  1676.  For  his  will  and  letters  of  administration  granted  to  his  son, 
see  Collections  of  N.  Y.  Hist.  Society,  1892,  pp.  187,  203.  There  is  a  sketch 
of  his  family  in  Riker.  Revised  History  of  Harlem  (1904),  pp.  320-321. 
1  Captain  Thomas  Chambers,  of  Fox  Hall  Manor. 

*  Captain  Henry  Pawling,  of  the  militia  of  Hurley  and  Marbletown. 

*  Isaac  Graveraet,  schout  of  Kingston. 

4  Edward  Whittaker  had  come  over  as  a  soldier  with  Governor  Nicolls,  in 
1664,  and  continued  in  this  service  until  the  Esopus  (Kingston)  garrison  was 
disbanded  by  Governor  Lovelace.  He  received  an  honorable  discharge,  on 


Executive  Council  Minutes  181 


As  to  y6  first  it's  said,  The  Matt'  is  already  determined,  a 
ffine  being  sett  upon  him  of  twenty  five  Scheples  of  Wheate 
to  the  King./ 

[151]  To  ye  next  ye  Woman  hath  been  in  great  Trouble 
about  it  already,  &  some  Difference  between  Whittakers 
Wife  &  the  Woman,  wth  very  idle  Storyes. 

It's  Ordered,  That  both  bee  Acquitted,  &  the  Woman  to  The  Ordf 
bee  declared  innocent.     As  to  the  Cost  that  hath  arisen 
upon  this  Occasion  the  Court  of  Sessions  next  are  to  adjudge 
it,  &  make  Returne  of  it  to  ye  Governor  (how  it  shall  bee 
layd)  for  his  Approbation. 

At  a  Councell  in  the  Fort  &c: 

June  I2*.h  1673. 
Present 

The  GovernoT 
Mr  Delavall 
The  Secretary. 


The     Mattf    of    Daniel     Lanes     Escape     taken 
Consideration. 

A  Proclamacon  to  bee  issued  forth,  That  if  the  said  Lane 
doe  not  come  in  betwixt  this  &  ye  Assizes,  hee  shall  bee 
adjudged  Guilty  of  what  is  laid  to  his  Charge,  &  his  Estate 
Confiscated,  the  wch  is  to  remaine  under  Arrest  in  ye  meane 
while.  fTJ 

Procla- 

The  Proclamacon  is  Entred  at  large  in  y6  4^  Booke  ofjmaConvide 
Entryes.1  [ 

September  i,  1671.  Shortly  thereafter  he  engaged  in  a  sword  duell  at  Kings- 
ton with  Michiel  de  Modt  or  Moth,  for  which  he  was  fined  by  the  local  court. 
His  wife  was  named  Hanna.  They  had  a  son,  James,  baptized  in  1675.  — 
General  Entries,  vol.  4,  p.  34;  Olde  Ulster,  magazine,  vol.  4,  pp.  144-145; 
Hoes.  Baptismal  and  Marriage  Registers  of  the  Old  Dutch  Church  of  Kingston, 
p.  9. 

1  Collateral  and  Illustrative  Documents,  No.  XCV. 


182 


Province  of  New  York 


1673 

une  i 


Mrs  Lane 
&  Daugh- 
ter to  bee 
releasd. 

Hen:  New- 
ton to  bee 
bound  over. 


A  Fast.  &c. 
The  Ordf 


Prohibicon 
of  y6 
Trans- 
portacon 
of  Wheat. 

suspended 
a  while. 
Whore-Kill 
respited. 

The  Cus- 
tom^3 
Compl* 


[152]  That  M1?  Lane  &  her  Daughter  bee  Releast  upon 
Bayle,  but  to  bee  bound  over  to  ye  Gena11  Court  of  Assizes. 

Harry  Newton  *  ye  Keeper  to  bee  Examined  &  bound 
over  to  the  same  Court  likewise.// 

The  Affayre  touching  a  Fast,  Proposed  by  the  Dutch 
Domine.2  &c: 

It's  Ordered,  That  noe  particular  but  a  Gena"  ffast  shall 
bee  Celebrated  in  this  City  &  Island,  on  ye  Wednesday 
(Fortnight  next,  &  throughout  Long  Island,  Westchester  & 
Places  adjacent  on  the  Wednesday  following,  which  will 
bee  Wednesday  come  3  Weeks. 

The  Businesse  about  ye  Prohibition  of  the  Transportacon 
of  Wheat  to  bee  deferr'd,  with  ye  Mayor  &  Aldermens  Pro- 
posall  about  Wamp™  untill  some  time  next  Week  when  a 
Meeting  shall  bee  had  about  it.^y 

The  Matt?  of  ye  Whorekill  to  bee  respited  untill  Cap* 
Carr,  &  those  from  Delaware  doe  arrive  who  are  said  to  bee 
upon  the  Way. 

Vpon  ye  Complaint  of  ye  Custom1:8,3  wch  was  had  in  Con- 
sideracon,  This  Ord?  was  made  viz1'. 

1  Henry  Newton  was  chosen  by  Governor  Nicolls,  on  July  9,  1667,  as  marshal 
of  the  mayor's  court  of  New  York  City,  to  succeed  Claes  van  Elslant,  Jr 
His  first  year's  pay  was  one  hundred  florins,  seawant.  On  October  10,  1670, 
he  was  known  as  court's  sergeant  and  mace  bearer  and  was  paid  five  pounds 
per  year  as  an  additional  compensation  for  bearing  the  mace.  He  served  as 
messenger  to  the  court  of  schout,  burgomasters  and  schepens,  after  the  recap- 
ture, hi  1673.  Newton  is  found  also,  in  1669,  as  marshal  of  the  West  and 
North  Ridings  of  Yorkshire. —  Records  of  New  Amsterdam,  vol.  6,  pp.  84-85, 
141,  260,  348;  vol.  7,  p.  9;  Orders,  Warrants,  Letters,  vol.  2,  p.  324. 

'Wilhelmus  van  Nieuwenhuijsen,  successor  to  Drisius,  who  had  died  on 
April  18,  1673. 

*  At  the  court  of  assizes,  on  October  7,  1672,  the  taking  off  of  customs  from 
goods  was  considered.  It  was  objected  that  the  governor's  instructions  per- 
mitted "  noe  Alteration  in  what  hee  found  settled  by  his  Predecessor,"  and 
that  he  could,  for  the  present,  only  recommend  approvingly  to  the  Duke  of 
York  what  was  then  proposed.  Therefore,  it  was  referred  first  to  the  bench 
to  consider  what  would  be  proper  to  represent  to  the  Duke  of  York. —  Court 
of  Assizes,  vol.  2,  p.  325. 


Executive  Council  Minutes  183 


[153]  Vpon  Complaint  made,  That  great  Abuse  doth  often  The  Ordr 
happen  by  ye  Liberty  Granted,  That  Custome  should  bee 
paid  only  for  such  Goods  as  were  Landed  &  Disposed  of 
here,  diverse  Merchants  &  others  upon  pretence  of  Trans- 
porting of  such  Goods  to  other  Places,  calling  for  &  expecting 
ye  repayment  of  ye  Customes  of  such  Goods  back  againe; 
It  is  Ordered,  That  from  &  after  ye  Date  hereof  all  Custom- 
able Goods  wch  shall  bee  Landed  in  this  Port  or  any  other 
part  of  y6  Governm'  shall  pay  the  Vsuall  Customes  for  such 
Goods  without  any  Rebate  upon  their  Transportacon  else- 
where. And  Consideracon  being  likewise  had,  that  at  this 
juncture  &  Season  (being  a  time  of  Warr)  little  or  noe  Ship- 
ping Arrives  here,  soe  that  ye  prsent  Incomes  of  Custome  is 
very  slender,  It  is  also  Ordered,  That  noe  Bills  of  Store  shall 
bee  Granted  by  y6  Officers  of  ye  Customes,  Although  in 
better  times  the  Governor  will  bee  pleased  to  Gratify  that 
way  such  as  may  deserve  the  same. 

By  Ordr  &c: 


The  Lett1?  from  Esopus  taken  into  Consideration  about 
being  Governed  by  English  Lawes; 1  Whereupon  It  was 
Ordered  as  followeth,  viz* 

The  Petition  from  severall  of  ye  Inhabit1?  at  Esopus  being 
taken  into  Consideracon,  wherein  they  desire  to  have  the 
Priveledge  &  Benefitt  of  [154]  Enjoym*  of  ye  English  Lawes 
Establisht  by  his  Royall  Highness,  &  in  practice  almost 
throughout  all  his  Territories,  It  is  Ordered,  That  ye  said 
Lawes  shall  bee  Settled  &  practized  in  ye  three  Townes  at 
Esopus,  as  in  other  Places,  for  the  wch  they  shall  receive 
particular  Instructions.  In  the  meane  time  ye  Inhabitants 
of  Marbleton  &  Hurley  have  Liberty  to  make  choice  in  each 
Towne  by  a  double  Vote  of  a  Constable  &  [blank]  Overseers, 

1  For  the  former  order  and  regulations  there,  see  Collateral  and  Illustrative 
Documents,  Nos.  X  and  XLIV. 


Sopez  to 
bee  Gov- 
erned by 
English 

The  ^dr 


1 84 


Province  of  New  York 


r  1673  i 

LJune  24J 


&  returne  their  Names  unto  ye  Governour,  who  will  out  of 
them  pitch  upon  the  Persons  to  bee  Confirmed  in  that 
Employm?  for  the  ensueing  yeare;  Whereupon  they  are  to 
take  the  Oath  prescribed  in  ye  Booke  of  Lawes  before  a 
Justice  of  the  Peace  for  the  performance  of  their  Trust. 

By  Ord'  &c: 

A  New  Al- 
derman in  For  a  New  Alderman  in  ye  Place  of  Mf  Darvall  to  bee 
loo°[j£]  respited  untill  recommended  by  the  Mayor  &  Aldermen. ^  1 
A  New  For  y6  Military  Command  of  Cap1.11  in  y6  place  of  M? 
Cap1?  in_  Bedloo,  To  bee  recommended  to  the  Military  Officers  to 
Bedloo  "  returne  ye  Names  of  two  Persons,  out  of  whom  the  Governor 
will  pitch  upon  one.2 


About 
Wamp?1 
being  re- 
duct  to  a 
greater 
Value. 


Pres* 


[155]  At  a  Councell  held  at  y6  Fort 
June  24^  1673. 


The  Governor 
Cap*  Delavall 
Cap*  Steenwijck 
The  Secretary. 

As  also  ye  Mayo' 
&  Aldermen. 

The  first  Thing  under  Debate  is  ye  Addresse  from  y6 
Mayo?  &  Aldermen  to  the  Governor  about  Wampam,  being 
reduced,  or  some  other  way  in  stead  of  Coyne  w**  is  wanting 
to  bee  found  out  for  the  Publick  Good. 

Vpon  Consideracon  had  thereupon  this  following  Ord^  & 
PROCLAMATION  was  made  Viz? 

1  William   Darvall  was  commissioned  an  alderman  of  New  York  City, 
October  13,  1672. —  General  Entries,  vol.  4,  p.  220. 

2  Collateral  and  Illustrative  Documents,  No.  XCVII.     The  vacancy  in  the 
captaincy  of  the  foot  company  of  New  York  City  was  due  to  the  death  of 
Isaac  Bedlow. 


Viz*   That 
3  black 
shall  goe 
for  a  StivF 
&6 
White.— 


Executive  Council  Minutes  185 


WHEREAS  ye  great  Scarcity  of  Wamp™  throughout  these  Prodama- 
his  Royall  Highness  his  Territoryes  hath  been  taken  into  e°n  about 

5T     •/       •  •  r  i     -  WampP 

Consideration,  great  quantityes  thereof  being  yearely  trans- 
ported &  Carryed  away  by  the  Indyans,  &  little  or  none 
brought  in  as  formerly,  w°h  is  conceived  to  bee  [156]  occa- 
sioned by  y6  low  Value  putt  thereupon;  And  for  that  there 
is  noe  certaine  Coyne  in  ye  Governing  but  in  lieu  thereof 
Wamp™  is  esteemed  &  received  as  currant  payment  for  Goods 
&  Merchandize  as  well  as  otherwise  betwixt  Man  &  Man, 
To  the  end  there  may  bee  an  Encouragem*  for  the  bringing 
in  of  y6  said  Commodity  of  Wampam  into  y6  Governm*, 
and  that  those  who  have  it  by  them  may  bee  Induced  to 
deliver  out  y6  same,  The  Governor  by  &  with  y6  Advice  of 
his  Councell  hath  thought  fitt  to  Publish  &  Declare;  &  by 
these  presents  doth  Publish  &  Declare,  That  from  &  after 
the  Publication  hereof  at  ye  next  Session  of  y6  Mayo1?  Court 
in  this  City,  In  stead  of  eight  white  &  four  black  Wampams, 
six  white  &  three  black  shall  passe  in  equall  Value  thereof  as 
a  Stiver  or  Penny,1  &  three  times  soe  much  y6  Value  of  Silver, 
the  wch  all  Persons  are  to  take  Notice  of,  &  bee  conformable 
thereunto.  And  that  noe  Person  in  y6  Governm*  may  prtend 
Ignorance  herein  Copies  of  this  Proclamation  are  to  bee  sent 
&  promulgated  in  Albany,  Esopus,  &  Delaware,  &  likewise 
upon  Long  Island  &  parts  adjacent  thereto  bee  in  force  within 
Eight  dayes  after  the  Knowledge  &  Publicacon  hereof./ 

Given  under  my  hand  &c:  June  2^  1673. 

Six  of  these  Proclamations  were  written,  3  for  ye  3  Ridings,2 
I  for  Albany,  I  for  Sopus,3  &  i  for  Delaware./  besides  i  for 
the  City. 


1  The  value  of  "  eight  white  and  foure  blacke  "  was  established  on  October 
10,  1664. —  General  Entries,  vol.  i,  p.  43.  On  wampum  as  money  see  Beau- 
champ.  Wampum  and  Shell  Articles  used  by  the  New  York  Indians  (Albany, 
1901),  pp.  351-356. 

1  East  Riding,  North  Riding  and  West  Riding  of  Yorkshire. 

1  Esopus,  including  Kingston,  Hurley  and  Marbletown. 


1 86  Province  of  New  York 


Peticon  of  [J57]  The  Peticon  of  y6  Bakers,  &  diverse  other  Inhabi- 
y6  Bakers  tants  of  ye  City  to  the  Mayo?  &  Aldermen  about  the  Survey- 
Cure-Mast!  °rsnip  or  Cure-Master  of  Bread  &  ffloure,  prsented  by  them 

to  the  Governor  &  Councell;1 

The  Ordf  -  It  is  Ordered,  That  what  any  Merch*  sends  upon  his  own 
Ace*  is  adjudged  to  bee  free  (if  hee  pleases)  to  have  it  markt 
or  not,  but  if  it  comes  to  the  Weigh-house,  &  shall  bee 
delivered  to  Strangers,  or  for  the  use  of  Strangers,  It  is  to 
bee  markt  to  avoid  ffraud  therein,  &  the  Charge  to  bee 
equally  borne,  as  is  before  Ordered. 

A  farther  Moreover  upon  the  Petition  of  ye  Bakers  &c:  It  is  Ordered, 
That  in  regard  the  Governor  hath  already  given  out  his 
Commission  to  a  Person  for  ye  Place,2  hee  is  to  continue  in 
that  Employment  untill  the  Inconvenience  thereof  shall 
farther  appeare,  except  in  the  meane  time  ye  Cure-Master 
shall  wittingly  committ  any  ffraud  or  Abuse  in  his  Trust, 
Then  hee  shall  not  only  bee  discharged  of  his  Employing 
but  bee  lyable  to  such  Censure  as  the  nature  of  the  Matter 
shall  require. 

And  all  Merch*.5  who  ship  off  Caske  without  Branding  wth 
ye  Publick  Marke  shall  bee  Obliged  to  have  a  known  Marke 
of  their  own. 
Trans-  The  next  Thing  is  ye  Consideracon  of  ye  Convenience  or 

portaconof  Inconvenience  of  Transports  con  of  Corne,  that  is  Wheate 
Wheat.          . 

in  Grayne  &c: 

Mr  Deans  M?  Dean's  3  Letter  read,  wherein  hee  mentions  to  have 
sold  the  Governours  Winter  Wheat,  at  noe  more  then  3§:  9* 
per  Bushell. 

A  Stop  The  Governor  hath  already  putt  a  Stop  upon  the  Trans- 

upon  y6 

Transpor-          l  Collateral  and  Illustrative  Documents,  No.  XCI. 

tacon  &c:          2  Collateral  and  Illustrative  Documents,  No.  XCI,  where  the  commission  of 

Christopher  Hoogelandt  is  given. 

1  Thomas  Dean,  a  merchant  of  Boston,  Mass.     See  General  Entries,  vol.  4, 

p.  231. 


r  1673  1 

Uuly  uJ 


Executive  Council  Minutes 


portation,  upon  Apprehension  of  the  Scarcity  [158]  that  may 
ensue  in  these  times  of  Trouble./ 

It  is  Ordered,  That  ye  Prohibition  imposed  by  y6  Gov-  T^e  Pro- 
ernor  doe  remaine  in  ffbrce  until!  the  next  Gen*11  Court  of  remaine  -m 
Assizes,1  both  for  the  Reasons  in  the  said  Order  exprest,  force  till 
&  for  that  ye  price  currant  doth  not  amount  to  the  Suirie   ye  Assizes- 
therein  proposed. 

This  Ordr  to  bee  published. 


Present 


At  a  Meeting  of  y6  Governor 
&  Councell  wth  The  Mayor  & 
Aldermen  at  y6  (Fort.  July  n^ 

1673- 


The  Governo' 
Mr  Delavall 
MT.  Steenwijck 
The  Secretary. 

Mr  Mayor  Lawrence 

My  Van  Ruijven 

Mr  Oloffe  Stevens.2 

The  Matter  under  Consideracon  was  a  Proposall  from  y6 
Mayor  &  Aldermen  now  at  ye  ffarming  out  of  y6  New  Packt, 
to  take  off  the  Excize  of  Small  Beere  &  Killing  of  of  Hoggs 
&c:  In  lieu  whereof  to  lay  some  Imposition  greater  then 
formerly  upon  Strong  Liquo1?  &  Wine.3 

1  This  general  court  was  never  held,  on  account  of  the  recapture  of  New 
York,  in  the  meantime,  by  the  Dutch. 

1  Oloff  Stevensen  van  Cortlandt. 

'  For  an  order  of  May  5,  1670,  regulating  the  manner  and  conditions  of 
paying  and  receiving  the  innkeepers  or  tappers  excise,  see  N.  Y.  Colonial 
MSS.,  vol.  22,  p.  1 01.  For  the  conditions  for  farming  out  the  inkeepers  or 
tappers'  excise  in  New  York  City,  from  May  5,  1671,  till  May  5,  1672,  see 
ibid,  p.  114.  The  farmer  of  "  ye  Grand  Packt  or  Tappre  Excize"  made 


About  tak- 
ing off  y6 
Excize 
from  Small 
Beer  & 
Cattle 
Killing. 


1  88  Province  of  New  York 


The  Ordr         [159]  The  Governor  &  Councell  having  seriously  debated 

thereupon.    thereupOn>  jt  [s  thought  fitt,  That  the  Excize  shall  not  only 

bee  taken  off  for  this  Ensueing  yeare  from  Small  Beer  & 

Hoggs,  but  also  from  Beefe  &  all  manner  of  fflesh  killed 

here,  or  otherwise. 

In  y6  Place  thereof  an  Advance  shall  bee  putt  upon  Strong 
Liquo1?,  Beere,  &  Wine  as  followes.  — 

Vpon  an  Ancker  of  Brandy,  Rumm,  distuTd  Liquo1?  &c: 
in  stead  of  2gUd  -  5  Sti  -  4gild:  iosti: 

ffor  an  Ancker  of  Spanish  Wine,  Madera,  &  Sack,  in 
stead  of  2  guild1?  5  Stiv1?  -  3  Gild1? 

ffor  an  Ancker  of  Rhenish  or  White-Wine  in  stead  of 
I  gild1?  2StL  \  -  3  guild1? 

ffor  a  Tunn  of  Strong  Beere  in  stead  of  I  guildT  10  Stiv1? 
-  2  Guild1?,/ 

ffor  every  Barrell  of  Syder  -  3  Guild1? 

New  Jersey  not  included  herein,  only  ye  Dukes  Dominions, 
Albany  &  Sopus  excepted.1 

complaint  to  Lovelace  "  that  diverse  Tapp1?5  or  Inn  holdrs  &  others  who  sell 
Wine  or  Strong  Liquo1?  by  Retayle,  doe  either  delay  or  refuse  to  pay  ye 
Excize  due  from  them  according  to  ye  Rules  &  prscriptions  of  ye  GovernmV 
whereupon  the  governor  authorized  the  sheriff  of  New  York  City  "  to  Levy 
by  Distress  soe  much  as  shall  appeare  to  bee  due  from  any  person  or  persons; 
And  those  in  Arreare  are  to  beare  ye  Charges  thereof."  —  General  Entries, 
vol.  4,  p.  128  (April  29,  1672).  The  soldiers  of  the  garrison  of  Fort  James 
were  exempted  from  the  payment  of  excise  on  beer.  —  Court  of  Assizes,  vol.  2, 
p.  621. 

1  Collateral  and  Illustrative  Documents,  No.  XCVIII. 


COLLATERAL  AND  ILLUSTRATIVE 

DOCUMENTS 

I— XIX 

189 


No.  I. 

PROCLAMATION  OF  FAST  DAYS 
SEPTEMBER  STH  AND  220,  1668. 


A  Warrant  for  the  Publishing  a  Gen"*1  day  O^0L- 
of  Humiliacon  throughout  his  Roy  all  Highn.s  (NYSL) 
Territories. 

• 
Whereas  with  the  Aduice  of  my  Councell  I  haue  giuen      1668 

ordr  that  a  Proclamacon  be  issued  forth  for  the  obseruing 
a  Gen7?11  day  of  Humiliation  throughout  his  Royall  High"5 
Territoryes  for  the  Reasons  therein  set  forth  Yo?  are  there- 
fore hereby  authorized  &  appointed  to  cause  the  said  Proc- 
lamacon to  be  publiquely  read  both  in  the  English  &  Dutch 
Tongues  this  prsent  Thursday  at  the  vsuall  houre  of  Pub- 
licacon  at  the  State  house  &  afterwards  to  cause  the  same 
to  be  affixed  in  the  most  publique  places  of  the  Citty  that 
none  may  plead  ignorance  but  that  all  persons  may  duely 
take  notice  thereof  &  for  soe  doeing  this  shall  be  yoT  warrant 
Giuen  undf  my  hand  at  Fort  James  in  New  Yorke  this  4^ 
day  of  Septemb?  1668. 

[Francis  Lovelace.] 
To  M?  Cornelius  Stenwicke 

Major  [sic]  of  the  Citty  of  New  Yorke. 


A  Proclamation  for  the  Obseruing  a  °-  w-  L. 
Gen^  day  of  Humiliacon  through-  (NYSL) 
out  his  R.  Highnes  Territoryes 

Forasmuch   as  it  appeares  too  manifest  that   not  onely      1668 
the  Land  in  Generall  but  this  Citty  of  Newe  Yorke  in  per- 


192  Province  of  New  York 


O.  W.  L.  ticuler  lyes  now  groaning  undf  the  afflicting  hand  of  Gods 
(NYSL)  just  Judgment  in  suffering  his  Ministr  of  death  with  an 
unusuall  sicknesse  to  enter  amongst  us,  whereby  some  are 
[Sept.  4]  dayly  swept  away  &  many  more  lying  on  their  languishing 
bedds,  expecting  each  houre  their  dissolution  w0.11  Judgm* 
as  it  must  be  confest  (w**1  all  submission  to  his  diuine  pleasure) 
to  proceed  from  the  hand  of  Almighty  God  in  wthdrawing 
his  favourable  Countenance  from  us,  so  likewise  it  must  be 
acknowledged  (w^  all  Contrition  &  Confusion  of  face)  that 
o?  manifold  impietyes  haue  beene  the  sole  Cause  of  it  not 
onely  by  of  great  ingratitude  for  former  blessings  reel  but 
by  an  obstinate  perseuerance  afresh  in  all  manner  of  wicked- 
nesse  more  perticulerly  in  that  inordinate  &  intemperate 
way  of  drinking  &  all  manner  of  Impietyes  that  attend  it 
in  those  most  frequent  oathes,  execrations  &  Cursings  to 
wc^  some  are  lead  (to  the  greate  scandall  of  Christianity) 
to  that  height  of  wickednesse  that  they  will  wish  to  be  damned 
euen  by  those  wounds  &  blood  by  wc.h  alone  they  must  hope 
to  be  saued,  All  wc.h  crymes  as  they  shall  meet  w*.*1  in  due 
tyme  all  discountenance  &  seuere  punishment  to  those  that 
are  guilty  of  them  so  likewise  they  will  admonish  &  instruct 
us  (awakened  by  the  Judgment  we  suffer  under)  to  lead  us 
to  a  hearty  contrition  &  repentance  for  it;  And  that  God 
may  be  inclynd  to  be  gratious  &  fauorable  to  us  againe  in 
healing  or.  Land  by  his  mercifull  reconciliation  to  us,  It  is 
thought  at  this  tyme  more  then  necessary  that  a  Generall 
day  of  ffasting  &  Humiliation  be  kept;  The  Gouerno?  there- 
fore by  aduice  of  his  Councell  doth  appoint  that  Tuesday 
next  being  the  Eighth  of  this  instant  month  is  &  shall  be  a 
day  of  Humiliation  to  be  kept  in  this  Citty  &  that  the  Tuesday 
fortnight  following  being  the  Two  &  twenti[e]th  day  of  the 
said  monthe  be  kept  in  the  rest  of  the  Territoryes  belonging 
to  his  Royall  Highnesse  And  that  the  Ministr.s  of  the  respec- 


[Hf-]  Collateral  and  Illustrative  Documents  193 


tiue  Congregations  are  desired  to  signifye  ye  occasion  of  this 
their  solemne  meeting. 

Withall  that  they  recoinend  unto  y6  Protection  and  direc- 
tion of  Almighty  God  the  Consultations  &  actions  of  their  [Sept.  4] 
Gouernor  who  is  newly  constituted  ouer  them  that  he  may 
see  Justice  duely  &  impartially  executed  Religion  main- 
tained in  its  purity  of  doctrine  Proprietyes  preserued,  that 
all  under  his  Charge  may  be  induced  to  lead  a  quiett  & 
peaceable  life  in  all  godlinesse  &  honesty. 

That  God  would  protect  by  his  hand  of  prouidence  all 
those  Shipps  that  are  retorned  from  hence  to  their  natiue 
Portes,  see  that  not  onely  peace  may  be  in  o?  Streets.,  but 
plenteousnesse  in  or.  palaces. 

That  he  would  Engraft  in  or.  hearts  a  Spirit  of  Vnity 
Charity  &  brotherly  affection  to  each  other. 

That  at  this  tyme  more  especially  they  would  extend  their 
beneuolence  to  the  supporte  of  the  poore  wc.h  stands  in  greate 
need  of  their  assistance. 

These  things  being  recommended  to  all  good  Christians 
considerations  there  are  hopes  that  they  will  meet  with  the 
good  efforts  desired;  to  the  Execucon  of  w0!1  all  Officers  in 
their  respectiue  places  are  to  giue  their  assistance  in  seeing 
those  dayes  set  apart  for  Humiliation  according  to  the  true 
intent  and  meaning  of  this  Proclamation  And  to  yeild  an 
obedience  thereunto  as  they  will  answer  the  Contrary  at 
their  perills  &  all  persons  are  hereby  strictly  enioyned  to 
forbeare  their  ordinary  labours  on  those  dayes.  Giuen  und? 
my  hand  at  Fort  James  in  New  Yorke  this  [4th]  l  day  of 
[September]  Anno  Dm  1668. 

[Francis  Lovelace.] 

1  The  portions  supplied  here  are  blank  in  the  manuscript. 

[13] 


194  Province  of  New  York  [*£'. 


No.  II. 

REGULATION  OF  COMMERCE  —  EXPORTS  AND 

IMPORTS. 


°- w* L*  Resolucons    for    the    Settlement    of 

(NYSL)  Comerce  to  &  from  all  his  Ma11?8 

Plantacons  in  America  &  oth? 
places  to  ye  Porte  of  New  Yorke 
&  ye  rest  of  his  Royall  Highness 
his  Territoryes  not  prohibited  by 
Acte  of  Parliament. 

1668  First,  That  all  sortes  of  Prouisions,  horses,  Cattle,  Sheep, 
&  all  manner  of  wooden  trade  (being  the  proper  product  of 
theise  his  R.  Higns.s  his  Territoryes)  sent  for  Jamaica,  Bar- 
badoes,  or  any  of  ye  Cariby  Islands,  shall  pay  no  Customes 
or  Imposicons  undf  what  name  soeuer  exported. 

That,  all  Tobacco,  Sugers,  Gotten,  Indico,  ffish,  Salt, 
Braziletto,  Compechio  wood,  &  all  othr  Comodityes,  being 
the  proper  product  or  merchandise  of  theise  Islands,  places 
or  Territoryes,  shall  pay  no  Custome  imported  Potable 
liquors  onely  Excepted  wc.h  alone  shall  pay  custome  at  the 
Rates  of  4  per  Cent  in  Currant  money  specie,  or  in  goods 
equiuolent. 

That,  No  Tobacco  of  what  sorte  soeuer  exported  into  any 
of  his  Ma11?3  Dominions  shall  pay  any  Custome  but  such 
quantityes  thereof  as  shall  be  exported  into  forreigne  partes 
shall  pay  halfe  penny  per  pound  as  in  England. 

That,  all  Beauers  &  Peltrey  wc.h  shall  be  exported  into 
any  of  his  Ma*'.68  Dominions  in  America  shall  pay  10  ^  Cent: 

Shipps  from  England  or  w^  English    goods  from 


Opposite  p.    195. 


r 


DRAUGHT  OF  FORDHAM  AND  THE  MEADOW  [1669] 

(Original  Size.) 


rlfo.i 
LiiiJ 


Collateral  and  Illustrative  Documents 


'95 


m 


Specie   o.  w.  L. 

a:  322 

(NYSL) 


places  shall   onely  pay  5  ^  Cent  of  all    goods 
imported. 

All  Goods  wc.h  haue  paid  Customes  may  be  Exported  free 
from  New  Dutyes,  neithr  shall  any  man  be  Compelled  to    Nov.  18 
unload  upon  prtence  of  breaking  bulke  in  the  Road  paying 
onely  for  such  goods  landed  as  are  lyable  to  pay. 

And  whereas  former  Copies  of  Resolutions  of  this  nature 
being  sent  abroad  haue  fallen  into  the  hands  of  some  persons 
not  wishing  well  to  the  flourishing  Estate  of  this  place  who 
haue  adulterated  &  falsified  them  contrary  to  the  true  intent 
&  meaning  of  the  same  It  is  therefore  thought  fitt  for  the 
undeceiuing  of  the  world  to  make  this  Second  Publication 
Giuen  undr  my  hand  at  ffbrt  James  in  New  Yorke  on  the 
Island  Manhatans  this  18^  of  Nouemb?  1668. 

[Francis  Lovelace.] 


No.  III. 

JOHN  ARCHER,  AND  HIS  CONTROVERSIES  WITH 

FORDHAM,   HARLEM,   WESTCHESTER,   AND 

INDIVIDUALS. 


[Deed  from  Elias  Doughty  to  John  Archer.]  D.e*d| 

(Sec.  State) 

Recorded  for  Mr  John  Archr  this  24th  day 
of  September.     Anno  Dm  1671. 

Know  all  Men  by  these  prsents  that  I  Elyas  Doughty  of 
Flushing  doe  Sell  unto  Mr  John  Archer  of  West-Chest1"  his 
Heyres  &  Assignes  ffbure  Score  Acres  of  up  Land,  and  Recorded 
Thirty  Acres  of  Meadow  lyeing  &  being  betwixt  Brothers    sept  ^4 


etc. 


196  Province  of  New  York  fin] 


Deeds     R;ver  anrf  fa  Watring  Place  at  ye  End  of  the  Island  of 
(Sec!  State)  Manhatans,  and  if  ye  Land  be  not  fitt  to  Cleare  for  ye  Plow 
or  How,  this  Land  is  to  lye  together;  And  if  there  be  not  all 
Mar.  i     such  Land  together  as  there  should,  or  if  there  should  happen 
etc*       to  be  eight  or  ten  Acres  of  Land  that  is  not  fitt  for  such 


Use,  Then  ye  said  Archer  is  to  have  it  with  ye  rest,  and  hee 
Sept.  24  shall  have  equall  Right  and  Priveledge  in  ye  Commons  as 
any  otheir  Men  shall  have  within  that  Patent,  that  hath 
noe  more  Arable  Land,  and  ye  Meadow  is  to  be  mowed  all. 
As  Wittness  my  Hand  this  first  of  March  1666.  As  Wittness 
if  there  should  lye  any  more  Land,  that  is  to  say  between 
ffourty  or  Thirty  Acres,  It  is  all  in  Common;  And  I  am  to 
give  ye  said  Archer  a  firme  Bill  of  Sale  under  my  Hand  and 
Seale. 

Elias  Doughty 
Thomas  Okeley. 

I  Elias  Doughty  doe  own  to  have  received  full  Satisfac- 
tion of  ye  said  Archer  for  ye  said  Land  &  Meadow,  ye 
House  is  yett  to  be  [blank]  And  ye  said  Archr  is  to  have 
his  [blank]  within  the  above-said  Tract  of  Land. 


Septembr  y6  18^  1667. 

It  is  to  be  understood  that  Mr  John  Archer  is  to  have 
the  ffreshest  Boggy  Meadow  that  lyeth  on  ye  South  side 
of  Westchester  Path,  within  ye  Patent  of  Mr  Oneale  within 
his  second  of  Purchase  wch  is  upon  Consideracon  that  ye 
said  John  Archer  shall  pay  to  ye  said  Doughty;  As  witness 
my  hand 

Elyas  Doughty. 


[in]  Collateral  and  Illustrative  Documents  197 

A  warr*  to  the  Constable  of  West-  o.  W.  L. 
chester     about     some     Meadow    (JIY^L) 
Ground  claim' d  by  Harlem. 

Whereas  I  am  informed  that  the  Inhabit*3  of  Harlem  have  1667 
for  divers  yeares  mowed  their  Hay  in  the  Meadowes  on  the 
other  side  of  Harlem  River,  where  John  Archer  of  yor  Towne 
pretends  an  Interest  by  vertue  of  a  patent  graunted  for  the 
Yonckers  Land  to  Hugh  Oneale  &  Mary  his  wife:  These 
are  to  require  you  to  warne  the  said  John  Archer  that  hee 
forbeare  cutting  Hay  in.  those  Meadowes  this  present  season, 
&  likewise  that  hee  doe  not  presume  to  molest  those  of 
Harlem,  vntill  I  shall  bee  fully  satisfyde  of  the  Titles  on 
both  parts,  &  give  my  Judgm^  thereupon  to  whom  of  right 
the  s?  Meadowes  doe  belong:  Giuen  under  my  hand  at  (Fort 
James  in  New  Yorke.  this  16—  day  of  August.  1667. 

R.  Nicolls. 


[Deed  from  Elias  Doughty  to  John  Heddy.]  Deeds 

Recorded  for  Jn?  Heddy  Sep?  2#h  1672. (SeC* 

Bee  it  known  unto  all  Men  by  these  Presents  that  I  Elyas     _l668 

J  June  7 

Doughty  of  flushing  in  the  North-Riding  of  York-shire  on     - 
Long  Island  in  America  wthin  y®  Territoryes  of  his  Royall      ^72 
Highness  the  Duke  of  Yorke,  under  y6  Command  of  the    Sept  26 
Right  Honble  Cott.  Richard  Nicolls  Governor  Gen?11  of  the 
same  by  Vertue  of  the  Assignacon  of  a  Patent  from  my 
Brother  in  Law  Mr  Henry  Oneale  &  Mary  his  Wife,  have 
alienated,  estranged,  demised,  bargained,  &  sold,  &  doe  by 
these  Presents  alienate,  estrange,  demise,  bargaine  &  sell 
unto  John  Heddy  late  of  West-Chester  wthin  the  Riding,  & 
Goverment  above-menconed  two  hundred  Acres  of  Vpland 
belonging  to  the  said  Patent,  to  beginn  at  y°  North-side  of 
the  Planting  ffield,  where  y6  abovesaid  John  Heddy  shall  see 


198  Province  of  New  York 


Deeds  most  convenient;  Viz*  to  beginn  at  the  West,  &  runn  towards 
(Sec.  State)  the  East,  the  length  &  breadth  thereof  to  bee  as  the  Pur- 
chaser shall  see  most  Comodious;  wch  is  for  and  in  consid- 
June  7  eracon  of  full  Satisfaction  already  received  by  a  Horse;  And 
Recorded  ^urtner  I  tne  said  Elyas  Doughty  doe  make  over  and  deliver 
unto  t^ie  sa^  J0*111  Heddy  twenty  Acres  more  of  Vpland 
adjoining  to  the  abovesaid  two  hundred,  wch  is  all  to  beginn 
at  the  North  side  of  the  Planting  ffield  belonging  to  William 
Betts  and  George  Tippett  from  ye  West  end  of  the  Land, 
&  to  runn  in  length  Eastward  towards  Bronck's  River;  And 
further  I  the  abovesaid  Elyas  Doughty  have  sold  unto  the 
abovesaid  Jn?  Heddy  one  hundred  Acres  more  of  Vpland, 
lying  &  being  in  the  aforesaid  Range  for  &  in  consider  a  con 
of  five  pounds  to  [be]  paid  upon  Bill  according  to  Agreement; 
All  wch  I  Elyas  Doughty  have  sold  &  made  over  from  mee  my 
Heyres  &  Executors  to  ye  said  Heddy  his  Heyres,  Execu- 
tors, Administrator  or  Assignes;  To  have  and  to  hold  for- 
ever; Maintaining  the  same  free  from  any  Incumbrances, 
that  may  or  shall  hereafter  arise  from  any  Person  or  Persons, 
laying  any  Clayme  or  Title  to  the  same,  Interested  in  ye 
above-mentioned  Patent.  In  witness  to  wch  I  have  hereunto 
sett  my  Hand  and  Scale  this  7th  day  of  June  in  ye  yeare  of 
our  Lord,  One  thousand  six  hundred  sixty  eight;  &  in  ye 
2Oth  yeare  of  the  Reigne  of  our  Soveraigne  Lord  Charles  ye 
2<?  by  the  Grace  of  God,  King  of  England,  Scotland,  ffrance, 
&  Ireland,  Defender  of  the  ffaith  &c: 

Elias  Doughty. —  (Scale) 
Signed  Sealed  &  Deliverd 
in  the  prsence  of  us 
John  Holden. 
George     T     Tippett 

his  marke. 
Wm  Betts. 
Jn°  Marshall. 


[E&]  Collateral  and  Illustrative  Documents  199 


Endorsed  on  ye  Deed  as  followeth.  Deeds 

7  3:142 

(Sec.  State) 

These  may  Certify,  That  ye  within  men  coned  three  hun- 
dred &  twenty  eight  Acres  of  Land  is  layd  out  as  followeth; 
Inprimis,  Twenty  eight  Acres  lyeing  in  one  piece,  beginning  Rec 
from  the  Markt  tree  of  Wm  Betts  &  George  Tippett,  from  1672 
thence  running  due  North  24  Chayne  in  length,  &  in  breadth 
due  East  20  Chayne,  being  bounded  on  the  South  wth  the 
Land,  of  Wm  Betts  &  George  Tippett,  &  to  ye  Northward  & 
Westward  by  ye  Land  of  Cap*  Delavall;  the  other  two  hun- 
dred Ninety  two  Acres  beginning  at  ye  Eastward  end  of  the 
twenty  eight  Acres,  Running  in  length  due  East  Eighty 
Chayne,  &  in  breadth  due  North  Thirty  six  Chayne  &  fifty 
Lincks,  being  bounded  to  ye  Southward  by  the  Lands  of 
Wm  Betts  &  George  Tippett;  &  to  ye  Eastward,  Northward, 
&  Westward  by  ye  Lands  of  Cap*  De-Lavall;  wch  aforemen- 
coned  Land  was  surveyed  &  layd  out  by  mee  as  afore  exprest. 
Given  under  my  Hand  this  3?  day  of  Septemb?  1672. 

Robert  Rider. 


The  Sense  &  Judgm*  of  yc  Cort  concerning  O.  W.  L. 
y6  verdict  given  for  Ramsden  ag-  Oneale.    (NYSL) 


These  are  to  Certify  all  whom  it  may  concerne  that  at  1668 
ye  Tryall  had  at  ye  Assizes  in  y[e]  yeare  1666  between  Hugh 
Oneale  and  John  Ramsden  though  ye  verdict  and  iudgment 
of  ye  Cort  was  given  for  Ramsden  against  Oneale,  yet  it  was 
then  declared  and  was  the  sense  of  ye  Cort  that  it  was  no  way 
in  prejudice  to  ye  Patent  belonging  to  Youncker  vander 
Donck,  who  ought  to  have  his  full  proporcon  of  Land  accord- 
ing his  Said  patent  notwithstanding.  Dated  at  New  Yorke 
this  Ist  day  of  July  1668. 

Matthias  Nicolls  Sec' 


2OO  Province  of  New  York  [m] 


Deeds  [Confirmation  of  Gift  from  Elias  Doughty  to  George 

(Sec.  State)  Tippett.]  l 

1668  Bee  it  knowne  unto  all  Men  by  these  prsents  that  I  Elyas 
Doughty  In  Confirmation  of  the  Guift  of  an  Island  lying  & 
being  within  the  Liberty  of  my  Pattent  Concerneinge  yfc 
land  wch  was  once  Youncker  Van  Dunckes  which  I  gave 
ffreely  unto  George  Tippett  or  his  Order,  May  1667,  I  now 
Confirme  &  Establish  the  same,  under  my  hand  and  Scale 
this  Sixth  day  of  June  anno,  1668  &  in  the  twentyeth  yeare 
of  the  Reigne  of  our  Sovrraigne  Lord  the  King. 

Eli j  as  Doughty  (scale) 
Signed  Sealed  &  Delivered 
in  prsence  of  us 
John  haden2 
John  Holden 

Deeds  Recorded  for  George  Tippett  of  Spiting 

<Se2c!  State)  Devill  Febry  27^  1668. 

1668          Be  it  knowne  unto  all  men  by  theise  prsents  that  I  Elias 

Doughty  in  Confirmation  of  ye  Guift  of  an  Island  lying  & 

Ri668/9d  being  wthin  ye  Liberty  of  my  Pattent  concerning  that  Land 

Feb.  27    wch  was  once  Youncker  vand?  Duncks  wc.h  I  gaue  freely  unto 

George  Tippett  of  his  ord?  in  May  1667.  &  now  do  confirme 

&  Establish  ye  same  undr  my  hand  &  Scale  this  6t.h  day  of 

July  Anno  1668.  &  in  ye  zo**1  yeare  of  ye  Raigne  of  our 

Soveraigne  Lord  ye  King  &c 

Elias  Doughty  (scale) 
Signed  &  Deliuered  in 
ye  p?"sence  of  us. 
Jn<?  Holden 
Jn?  Hackden3 

1  Two  record  copies  are  given  because  they  exhibit  variations. 
•John  Heddy  or  Hedden. 
•John  Heddy  or  Hedden. 


[in]  Collateral  and  Illustrative  Documents  201 


[Deed  from  Elias  Doughty  to  Betts  and  Tippett.] 

Recorded  for  George  Tippett  fob*?  22*  1670.  (Sec-State> 

Be  it  knowne  unto  all  men  by  theise  prsents  that  I  Elias      1668 

Doughty  of  fflushing  in  ye  North  Ryding  of  Yorkshire  on     

Long  Island  in  America  wthn  ye  Territoryes  of  his  R.  Hss  *&$? 
y?  Duke  of  Yorke  undr  y<?  Comaund  of  ye  Rfc.  Hon*le  Co!1  Feb.  22 
Richard  Nicolls  Governor  Gen'11  of  y?  Same  haue  by  vertue 
of  y?  Assignation  of  a  Pattent  from  my  brother  in  Law  Mr 
Hugh  Oneale  &  Mary  his  wife  alienated  estranged  demised 
bargained  &  sould  &  dtf  by  theise  prsents  alyenate  estrange 
demise  bargaine  &  sell  a  parte  &  parcell  of  that  Land  & 
meadow  belonging  to  y?  said  Pattent  for  &  in  consideration 
of  a  considerable  Sume  receiued  &  to  receiue  w?h  land  & 
meadow  I  th'abouesaid  Doughty  haue  sold  unto  William 
Betts  &  Georg  Tippett  who  are  possest  of  parte  of  y?  same 
(viz1)  y?  said  Land  &  meadowe  w?h  was  formerly  in  y?  posses- 
sion &  occupation  of  old  Youncker  van  der  Dounck,  y? 
planting  feild  belonging  to  y®  said  Purchase  to  be  of  ye  north 
syde  of  y?  said  purchase,  y?  marked  trees  making  mention 
of  y?  Same,  &  w<rh  runs  west  to  Hudsons  Ryver  &  East  to 
Broncks  his  Ryver  w*h  all  y?  Upland  from  Bronx  his  Ryver 
Southward  to  Westchester  path,  &  so  runs  due  East  &  west 
beginning  at  y?  boggy  Swamp  wthn  y?  Libertye  of  y?  said 
Pattent  &  y?  Southward  most  bounds  to  run  by  ye  path  that 
runneth  or  lyeth  by  y?  north  end  of  th'aforesaid  Swamp  &  so 
to  run  due  East  to  Broncks  his  Ryver  &  due  west  to  that 
meadowe  wch  cometh  from  y?  wading  place,  w^h  all  y?  mead- 
owe  from  ye  Stake  wc.h  is  on  y?  Eastward  syde  of  th'aboue- 
said wading  place  w?h  is  now  in  controversy  betweene  me 
y?  abouesaid  Doughty  &  some  Inhabitants  wthin  Harlem, 
wth  all  y^  meadow  betwixt  th'abouesaid  Stake  Eastward  &  * 
Hudsons  Ryver  westward  from  y?  abouesaid  wading  place 
at  y?  hithermost  end  of  Manhatans  Island,  wth  all  y?  Upland 


2O2  Province  of  New  York  [Si] 


Deeds      betwixt  that  &  Hudsons  River  westward  &  so  running  north- 
s' *34 
(Sec.  State)  ward  to  y*  East  &  west  lyne  before  mentioned  at  ye.  end  of  y? 

planting  feild  Except  ye  thirty  Acres  of  meadowe  w?h  I  haue 
July  6  sold  unto  Mi"  John  Archer  w?h  y?  abouesaid  Betts  and  Tip- 
Recorded  pett  is  to  see  ^fourmed  unto  y?  abouesaid  John  Archer,  & 
Feb°22  ^or  t^iat  ParceM  °f  meadowe  wc.h  is  nowe  in  Controversy 
betweene  y?  Harlem  men  &  my  Selfe  if  it  be  recovered  by 
them  or  their  order  they  shall  peaceably  enjoy  ye  Same 
according  to  y?  Tenor  of  y?  Pattent  paying  unto  me  or  my 
order  Ten  pounds  of  Current  passable  pay  according  to  y? 
Custome  of  theise  partes,  &  in  Case  y?  same  due  shall  be 
recovered  then  M?  John  Archer  his  proportion  of  Thirty 
Acres  of  meadowe  is  to  run  upward  by  y*  Island  where  he 
is  to  haue  y*  full  complement  of  y?  said  Thirty  Acres,  All  w?h 
I  haue  from  my  selfe  my  heires  or  any  oth?  ^son  or  ^sons 
interested  or  concerned  in  ye  said  Pattent  Sold  &  made  over 
unto  ye  afore-mentioned  William  Betts  &  George  Tippett  or 
eithT  of  them  their  heires  Executors  or  Assignes  To  haue  & 
to  hold  for  ever,  &  y?  Same  peaceably  &  quietly  to  enjoy 
maintaining  y?  Same  free  from  all  Incumbrances  of  any 
^son  or  ^sons  concerned  in  y?  Pattent  Indians  Excepted, 
It  is  to  be  understood  that  M^  Archers  meadowe  is  to  be 
laid  out  in  Case  Harlem  men  enjoy  their  possession  at  ye 
Stake  parting  ye  said  meadowe  in  controversye  &  ye  other 
meadowe  wc.h  I  haue  possest  them  of,  In  witnes  whereof 
I  haue  hereunto  sett  my  hand  &  Scale  this  6^  Day  of  July 
Anno  Dni  1668  &  in  y?  aoth  yeare  of  y?  Raigne  of  of  Sover- 
aigne  Lord  Charles  y?  Second  by  y?  Grace  of  God  of  England 
Scotland  ffrance  &  Ireland  King  Defender  of  ye  faith  &c 

Signed  Sealed  &  delivered  Elias  Doughty 

in  ye  prsence  of  us 
John  Holden 
John  Hadon1 

John  Marshall.  'John  Heddy  or  Hedden. 


[ml  Collateral  and  Illustrative  Documents  203 


A  Warrant  for    Georg   Tippett  &    Richard   °- w- L- 
Betts  to  deliuer  vp  Thomas  Wandalls  Hay:    (KYSL) 

Whereas  Thomas  Wandall  hath  made  Complaint  unto  1668 
mee,  That  hauing  hired  a  parcell  of  meadowe  ground  neare 
Spiting  Divell  of  John  Archer  &  mowed  the  same  for  his 
wintT  prouision  of  hay  w0!1  you  quietly  suffered  him  to  doe 
wthout  any  disturbance  or  prtence  thereunto  yet  when  he 
came  to  fetch  away  die  hay  w0!1  he  had  mowed  yo?  opposed 
him  &  since  haue  carried  it  away  yorselues  laying  clayme 
to  the  said  meadow  These  are  to  require  yo?  that  vpon  sight 
hereof  yo?  deliuer  up  unto  the  said  Thomas  Wandall  all 
that  parcell  of  hay  w0!1  he  hath  mowed  as  aforesaid  &  w0!1 
yea  carried  away  He  hauing  no  tyme  now  to  make  provision 
elsewhere  being  about  a  publique  Imploym*  of  making  up 
his  proporcon  of  wall  in  this  Citty.  And  if  hereaftf  the  title 
at  law  being  decided  (betwixt  yo"  &  the  persons  concerned) 
it  shall  appeare  that  the  said  meadow  ground  doth  belong 
unto  yo?  Then  the  said  Thomas  Wandall  shall  make  yof. 
paym?  &  satisfaccon  for  the  same  according  as  shall  be 
adiudged  reasonable  by  two  indifferent  men  to  be  Chosen 
betweene  you  Giuen  und?  my  hand  at  Fort  James  in  New 
Yorke  the  3?  day  of  Septemb.r  1668. 

[Francis  Lovelace.] 
To  Georg  Tippett  & 

Richard  Betts. 

The  Constable  of  Westchestf  is  to  see  this 
warr*  put  in  execucon  if  occasion  be. 


An  Order  concerning  John  Archers  o.  W.  L. 
Land  vpon  the  Maine. 


Whereas  the  Inhabitants  of  the  Towne  of  Harlem  haue      X668 
made  Complaint  against  John  Archer  that  haueing  seated 


204  Province  of  New  York  [m] 


O.  W.  L.  himselfe  very  neare  unto  some  Lotts  of  meadow  ground  vpon 
(NYSL)  the  maine  belonging  unto  their  Towne  he  is  a  dayly  tres- 
passer vpon  them  with  his  Cattle  &  that  the  said  ground 
Nov.  6  lying  in  Length  alongst  the  Creek  or  Kill  cannot  wthout 
very  great  charge  be  fenc't  in  Vpon  a  full  hearing  of  what 
can  be  said  or  alleadged  on  both  partes  It  is  this  day  ordered 
that  the  said  John  Archer  doe  within  fifteene  dayes  after 
the  date  hereof  bring  in  the  Originall  Pattent  of  the  Land 
where  he  now  Hues  &  that  he  then  make  appeare  by  what 
right  or  title  he  Claymes  an  interest  there  after  which  tyme 
some  persons  shall  be  appointed  to  view  the  said  meadowe 
ground  as  also  the  lands  adiacent  in  the  possession  of  the 
said  John  Archer  who  are  to  make  reporte  how  the  meadowe 
may  be  best  prserued  from  further  damage  &  Trespasse 
Given  under  my  hand  at  Fort  James  in  New  Yorke  this  6t.h 
day  of  NouembT  1668. 

[Francis  Lovelace.] 

O.  W.  L.  John  Archers  Land  neare  Spiting  Divell 

(NYSL)  belongg  to  the  Towne  of  Harlem. 

1668          Whereas  the  Inhabitants  of  the  Towne  of  Harlem  haue 
Nov.  6 

made  Complaint  against  John  Archer  that  vpon  prtence  of  a 
certain  purchase  he  layes  Clayme  to  a  certaine  parcell  of 
Land  vpon  the  Island  neare  Spiting  Divell  w?h  is  within 
the  lymitts  &  bounds  of  their  Patent  &  of  right  belongeth 
to  their  Towne  Vpon  a  full  hearing  &  debate  of  the  matter 
in  difference  on  both  partes  It  is  this  day  adiudged  that  the 
land  in  Controuersy  doth  belong  to  the  Towne  of  Harlem 
by  vertue  of  their  Patent  &  that  the  former  ground  breife 
or  Patent  graunted  by  Governor  Kieft  is  of  no  validity  it 
being  forfeited  by  seuerall  actes  of  the  Government  Howeuer 
in  regard  the  owners  thereof  haue  susteyned  losse  vpon  the 


fin]  Collateral  and  Illustrative  Documents  205 


said  Land  it's  recomended  that  some  expedient  be  found  °«  w.  L. 
out  to  make  payment  to  them  of  so  much  as  the  first  agree-    (NYSL) 
ment  for  the  sale  thereof  was  made   Giuen  under  my  hand 
at  Fort  James  in  New  York  this  6*h  day  of  November  1668.     Nov.  6 

[Francis  Lovelace.] 


An  Order  for  John  Archer  to  remaine  in  peace-  °»  w-  L- 
able  possession  of  his  land  till  the  14th  day    (NYSL) 

of  Febr  next. 

•  £  "• 

Whereas  by  an  order  of  the  6*h  instant  John  Archer  was      l668 

Nov.  21 
appointed  by  the  one  &  Twentith  [sic]  day  of  this  Month  to 

bring  in  the  originall  Patent  of  the  Land  where  he  now 
Hues  &  also  that  he  should  make  appeare  by  what  right 
or  title  he  claymes  an  interest  there  He  hauing  accord- 
ingly this  day  appeared  when  the  Record  of  the  originall 
Patent  was  viewed  but  his  title  being  not  so  clearly  made  out 
as  it  ought  to  be  &  as  he  alleadges  in  some  shorte  tyme  he 
can  doe  It  is  this  day  ordered  that  the  said  John  Archer 
haue  further  tyme  for  the  clearing  thereof  till  the  14th  day 
of  February  next  In  the  meane  tyme  he  is  to  remaine  in  peace- 
able &  quiett  possession  of  what  he  now  enioyes  wthout  any 
disturbance  or  molestation  he  giuing  no  iust  cause  of  com- 
plaint to  his  neighbours  Giuen  under  my  hand  at  Fort 
James  in  New  Yorke  this  21th  day  of  Novb.r  1668. 

[Francis  Lovelace.] 


An  Order  for  the  Releasement  of  John   O.  W.  L. 
Archers  Cattle  formerly  attached.          (NYSL) 


Whereas  you  did  heretofore  lay  an  Attachement    vpon 
some  Cattle  belonging  to  John  Archer  vpon  prtence  of  some      ov'  2I 
difference  betweene  you;   Yo"  are  hereby  ordered  to  release 


206  Province  of  New  York 


°2-^2  6*    ^e  sa^  Attachement  so  that  the  said  Cattle  may  be  free  & 

(NYSL)    at  his  owne  disposall  The  matter  in  dispute  betweene  yo11 

1668      vPon  tnat  account   already  hauing  beene  heard  &  issued 

Nov.  21     before  mee  Giuen  under  my  hand  at  Fort  James  in  N.  Yorke 

this  21^  day  of  Nouember  1668. 

[Francis  Lovelace.] 
To  the  Constable  &  Ouerseers 
of  New  Harlem. 


Deeds          [Deed  from  William  Betts  to  John  Heddy  or  Hedden.] 

(Sec.  State) 

Recorded  for  Jn?  Heddy  aforesd  die  &  A°  prdictis. 

^1668  Bee  ;t  known  to  all  Men  whom  these  prsents  may  concerne, 
that  I  Wm  Betts  Inhabit  of  West-Chestl  in  ye  North  Riding 
of  New  Yorkshire  have,  and  doe  by  these  Presents  Bargaine, 


Sept.  26  sejj^  anc|  gett  Qver  a  certame  parcell  of  Land  in  quantity  twenty 
foure  Acres  four  Acres  adjoyning  to  Jn?  Heddy'  s  House  in  the 
old  ffield,  &  the  other  sixteen  Acres  lyeing  Southward  of  the 
Old  ffield,  wch  I  [sic]  John  Heddy  hath  in  possession,  &  the 
other  foure  Akers  is  Meadow  Ground  ffresh  &  salt,  lying 
wthin  the  tract  of  Meadow,  wch  the  said  Betts  bought  of  Mr 
Elyas  Doughty;  I  say  I  have  sold  the  above-men  coned  Lands, 
wth  all  Rights,  Titles,  Priveledges,  &  Promts,  Benefitts,  & 
Emoluments  in  &  about  ye  Premisses  that  is  or  hereafter 
shall  arise  from  mee  my  Heyres,  Executo^,  Administrator3 
or  Assignes,  unto  John  Hedden  of  the  same  Place  &  County 
to  him  the  said  Hedden  his  Heyres,  Executor8,  Administra- 
to",  or  Assignes;  To  have  and  to  hold  ffree  Land  as  from  mee 
and  mine,  to  him  the  said  Hedden  &  his  as  abovesaid;  &  I 
the  abovesaid  Betts  doe  binde  mee  &  mine  as  aforesaid  to 
defend  the  abovemen  coned  Premises  from  all  &  any  Persons 
or  Proprietor  that  shall  or  may  arise,  the  Indyans  only 


[in]  Collateral  and  Illustrative  Documents  207 


excepted,  good   and  warrantable  to  the  abovesaid  Hedden     Deeds 
&  his  as  aforesaid;  And  the  abovesd  Hedden  is  to  Summer  (Sec.  State) 
noe   more  Cattle  on  the  abovesd    Premisses  then  hee  doth 
Winter  on  the  abovesaid  Premisses,  &  I  the  abovesaid  Betts     ^^4 

doe  acknowledge  to  have  full  satisfaction  of  John  Hedden     • 

for  the  abovesaid  Lands;  As  Wittness  my  Hand  this  4th  of      1672 
Decembr  An0  1668.  &  in  ye  2i^h  yeare  of  his  Ma*es  Reigne    Sept  *6 
Charles  ye  2d   King  of  Great  Brittaine  Scotland,  fFrance  & 
Ireland,  Defender  of  the  ffaith  King. 

*  W1?  Betts. 

Testes 

Thomas  Hicks. 

Benjamin  fford. 


[Caveat  on  behalf  of  Town  of  Westchester.]  c.  A. 

Feb-7  13*  1668.  "  ' 

A  Caveat  was  this  day  Entred  by  Richard  Ponton  John 


Ferris  &  Joseph  Palmer  on  ye  behalfe  of  ye  Towne  of  West- 
Chester,  That  ye  Land  where  John  Archer  is  seated  or  any 
from  him  if  not  included  in  ye  Pattent  graunted  to  Mr  Oneale 
&  his  wife  is  claymed  by  the  Towne  of  Westchestr  to  belonge 
to  them  as  wthin  their  Lymitts. 

A  Coiriission  graunted  to  Mr  Jn?  Rich-  °-  W.  L. 
bell,   Mr  Wm  Lawrence,    Mr    Tho:    flresL) 
Wandall  &  at  &c  to  decide  ye  differ- 
ence betweene  ye  Inhitants  of  West- 
chestr  &  at  &c 

Francis  Louelace  Esqr  &c  Whereas  I  am  given  to  under-     1668/9 
stand  that  there  are  severall  disputes  &  differences  arisen 
betweene  ye  Inhabitants  of  ye  Towne  of  westchestr  &  diuers 


208  Province  of  New  York 


°2-W  8  ot;hers  wthin  their  prcincts  who  haue  perticuler  patents  of 
(NYSL)  their  owne  That  is  to  say  betweene  ye  Inhabitants  of  West- 
chest?"  &  Wm  Willett  for  some  meadowes  neare  unto  or 
Feb.  24  about  Cornells  Neck,  wch  they  lay  clayme  to  as  also  between 
them  &  Thomas  Hunt  about  Coinonage  upon  Throckmortons 
Neck,  &  a  watring  place  wc.h  he  alleadges  he  hath  a  long 
tyme  enjoyed,  &  likewise  with  John  Archer  about  ye  Lands 
he  is  seated  upon  by  vertue  of  a  Patent  graunted  to  Hugh 
Oneale  &  Mary  his  wife  formerly  called  ye  Younkers  land 
These  are  to  nominate  authorize  &  appoint  &  by  this  my 
prsent  Coinission  yo"  are  nominated  authorized  &  appointed 
to  be  Commission1?  to  view  ye  Lands  &  meadowes  in  dispute 
as  also  to  Examyn  into  &  heare  ye  matters  in  difference  & 
what  can  be  shewed  &  alleadged  on  eithr  parte  To  wc.h  pur- 
pose yoV  may  peruse  their  Patents  &  any  other  wrytings  or 
Records  relating  thereunto  as  also  call  before  you  &  Examyn 
any  wittness  or  wittnesses  ye  better  &  more  fully  to  informe 
yo-selues  of  ye  Truth  yo?  are  to  give  yo?  Judgm*  thereupon 
accordingly  by  ye  first  day  of  Aprill  next  of  wc.h  yo"  are  to 
rend?  me  an  Account  And  yo?  Determinacon  or  ye  Ma  jo? 
parte  of  yo"  in  ye  prmisses  shall  be  a  finall  Conclusion  of  all 
such  matters  in  dispute  &  difference  betweene  ye  said  partyes 
unlesse  any  or  either  of  them  shall  upon  good  ground  finde 
cause  to  appeale  from  yo?  sentence  to  ye  superior  Court  of 
this  Governm*  at  y6  Genr"  Assizes  Given  und?  my  hand  & 
Scale  at  ffort  James  in  New  York  this  24*.*  day  of  February 
in  y6  21.  yeare  of  his  Ma61.68  Raigne  Annocp  Dm.  1668. 

To 

M?  John  Richbell  of  Momoronock 
M?  Wm  Lawrence  of  flushing 
Mr  Tho:  Wandall  of  Maspeth  Kills 
M?  Jaques  Coutilleau  of  New  Vtrecht 
M?  Resolved  Waldron  of  New  Harlem. 


Collateral  and  Illustrative  Documents  209 


A  warr*  to  John  Archer  to  take  vp  a  °-  w-  L« 
J  2:404 

stray  horse.  (NYSL) 

These  are  to  empower  you  to  make  enquiry  after  and  to  Al669 
take  up  if  hee  can  bee  found  a  certaine  Stray  horse  running 
in  y6  woods  or  Some  other  place  neare  unto  or  about  yor 
Towne  of  West-Chester  the  Said  horse  being  of  a  gray  Colr 
and  branded  with  an  Anchor  on  yte]  neare  Should1",  And  that 
you  cause  him  to  bee  brought  to  this  Towne,  where  hee  Shall 
remaine  untill  it  bee  made  appeare  to  whom  it  doth  with 
right  belong,  or  bee  disposed  of  as  ye  Law  shall  direct  And 
for  So  doeing  this  Shall  bee  yor  warrant.  Given  under  my 
hand  at  Fort  James  in  New  Yorke  this  3Oth  of  Aprill  1669. 

Fr.  L: 

To  John  Archer  alias 
Coopall  These. 

Another  to  take  up  a  stray  Bull. 

These  are  to  empower  you  to  take  up  a  certaine  Stray  bull 
now  running  at  yor  Plantacon  about  3  yeares  old  the  which 
you  are  to  marke  and  if  you  find  it  convenient  geld  him  and 
if  the  right  owner  appeare  not  to  claime  him  within  the 
tyme  in  the  Law  prescribed  that  you  dispose  not  of  him 
without  my  order.  Given  under  my  hand  at  Fort  James 
in  New  Yorke  this  3Oth  day  of  Aprill  1669 

Fr.  L. 

To  John  Archer 

These. 

Liberty  to  John  Archer  to  settle  O.  w.  L. 
1 6  familyes  at  Spiting  Devill.    (NYSL) 

These  are  to  certify  all  whome  it  may  concerne  That  I       1669 
haue  given  leaue  to  John  Archer  to  Settle  Sixteene  familyes 


2io  Province  of  New  York  [in] 


O.  W.  L.   upon  the  Maine  neare  the  wading  place  according  to  direc- 

(NYSL)     tions  formerly  given,  and  that  what  agreem1  hee  Shall  make 

with  ye  Inhabitants  as  to  their  proporcons  of  improvable 

May  3     Land  and  homelotts;   I  Shall  bee  ready  to  confirme,  but  do 

respite  the  Setting  out  the  uttmost  bounds  for  their  Range, 

untill  I  Shall  come  once  more  upon  ye  Place  after  wch  I  Shall 

grant  a  patent  for  their  further  assurance.     Given  under  my 

hand  at  Fort  James  this  3th  day  of  May  1669: 

Fr.  L. 


O.  W.L.  An  Ord?  forbidding  ye   furth?  proceedings 

(NYSL)  of    John     Archer    to    cutt    grasse,  on 

ye  meadow  belonging  to  Harlem. 

1669          Whereas  I  am  given  to  understand  that  without  leave  or 
June  3 

order  you  haue  presum'd  to  cutt  the  Grasse  upon  y[e]  Meadow 

ground  or  Valley  which  belongs  to  y[e]  Inhabitans  [sic]  of 
Haerlem  and  is  within  their  patent.  These  are  to  Require 
you  to  proceed  no  further  therein  and  that  you  forbeare 
giving  them  any  molestacon  as  you  will  answer  ye  Contrary 
at  yor  Perill.  Given  under  my  hand  at  Fort  James  in  N: 
Yorke  this  3d  day  of  June  1669 

[Francis  Lovelace.] 
To  John  Archer  alias 

Copeall  or  any  other  the 

Inhabitants  at  Spiting 

Devill  whom  this  may 

concerne. 


O  W  L 

2: 488  Ord?  forbidding  ye  cutting  of  hay  at  Spiting  Devill. 

(NYSL) 

1669          Whereas  Complaint  is  made  unto  mee  that  some  of  you 
r27    doe  cut  and  Carry  away  a  greater  proporcon  of  hay  out  of 


[m]  Collateral  and  Illustrative  Documents  211 


the  meadow  or  valley  lyeing  betweene  you  and  John  Archer   °»  w-  L- 

then  doth  belong  unto  you  so  that  you  leave  those  farmers  at     (NYSL) 

Fordham  neare  Spiting  Divell  destitute  though  John  Archers 

tittle  doth  precede  yor.     These  are  to  require  you  that  you    j^iy  27 

doe  not  cutt  or  Carry  away  any  more  hay  but  leave  ye  same 

as  now  it  is  untill  I  shall  come  or  send  to  view  the  ground 

and  give  my  Judgm1  to  whome  of  Right  it  doth  belong. 

My  pres*  intent  is  to  bee  there  on  thursday  next.  Given 
under  my  hand  at  fort  James  in  New  Yorke  this  27th  day  of 
July  1669. 

[Francis  Lovelace.] 
To  Richard  Betts 

and  G  Teppett  and  [sic] l 


An  Ord?   forbidding  ye  disturbance  of  ]n°.    O.  W.  L. 

2 '  m1? 
Archer  in  ye  injoym*  of  his  land  at  Spiting    (NYSL) 

Devill. 

Whereas  I  am  giuen  to  understand  y^  ye  surveyo?  hath  1669 
laid  out  a  sufficient  quantity  of  meadow  ground  for  yo? 
three  farmes  neare  unto  yor  habitation  w?h  is  much  more  in 
Proportion  then  any  of  ye  Lotts  at  Spiting  Devill  can  be 
supplyed  wtl?  These  are  to  require  you  that  yo"  forbeare 
giving  any  disturbance  to  John  Archer  or  any  of  those 
farmes  at  ffordham,  &  that  yo"  doe  not  prsume  to  cutt  their 
grasse  but  content  yorselues  wtj?  what  is  laid  out  for  you. 
wthin  yor  lymitts,  Giuen  undr  my  hand  at  fforte  James  in 
New  Yorke  this  23^  day  of  August  1669. 

[Francis  Lovelace.] 
To  William  Betts  & 
George  Tippett. 

1  Apparently  the  name  of  John  Heddy  is  omitted. 


2 1 2  Province  of  New  York 


O-  W^L.  An  Qrd?  for  Wittm  Heyden  &  Sam:  Drake 

(NYSL)  of  Eastchest?  to  make  inquiry  in  ye  mattf 

between  Jn?  Archer  &  ye  farmers  &c. 

Se  I69u  Whereas  John  Archer  on  ye  behalfe  of  himselfe  &  ye  rest 
seated  at  ffordham  about  some  hay  cutt  &  carryed  away  from 
each  others  proportion  of  meadow  ground,  &  both  partyes 
being  willing  to  putt  their  Case  to  a  refference  to  be  judged 
by  yo?  two  These  are  therefore  to  authorize  yo"  to  make 
inquiry  into  ye  matter  &  to  ord?  it  soe  that  if  John  Archer 
hath  cutt  &  carryed  away  any  grasse  from  ye  meadow  belong- 
ing to  ye  three  farmes  or  if  they  haue  cutt  or  carryed  away 
any  from  ye  proportion  assigned  to  Fordham  that  an  Esti- 
mate be  made  of  each  proportion,  &  that  those  who  haue 
taken  more  then  their  share  doe  make  satisfaction  to  ye 
othf  Giuen  und?  my  hand  at  ffort  James  in  New  Yorke 
this  ii**  day  of  Sept*?r  1669. 

[Francis  Lovelace.] 
To  William  Hayden  & 
Drake  of  Eastchest? 


[Indians'  Deed  to  John  Archer.] 
(Sec.  State) 

Entred  for  John  Archer  March  4^  1669. 

Sept6928  ^e  **  knowne  unto  all  men  by  theise  prsents  that  upon  y* 
— —  28*h  day  of  September  in  ye  2i*h  yeare  of  ye  Raigne  of  our 
1669/70  Soveraigne  Lord  Charles  the  Second  by  ye  Grace  of  God 
4  of  England  Scotland  France  &  Ireland  Kinge  Defend?  of  the 
faith  &c  Annocp  Domini  1669.  Wee  Tacharetht,  Nisme- 
tarhatinn,  Wackha,  Punckekch,  for  &  on  ye  behalfe  of 
Ahwaroch,  Achipor,  Minquaes  Sachemache,  for  &  on  y6 


[m]  Collateral  and  Illustrative  Documents  213 


behalfe   of    Annetie    Pownock,    for   &  on   ye    behalfe   of     Deeds 

3: 127 
Lyssie,  &  we  on  ye  behalfe  of  ye   rest  of  y6  Owners   for  (Sec.  Stai 

the  consideration  hereaftT  exprest  Have  Graunted  bargained 


&  sould  &  by  theise  prsents  doe  hereby  Graunt  bargaine  Sept.  28 
&  sell  unto  John  Archer  of  Fordham  his  heires  &  Assignes  Recorded 
a  certaine  Tract  of  Upland  &  meadow  ground  upon 
ye  maine,  begining  Westward  from  a  certaine  place  by 
ye  Indians  comonly  called  Mascota  so  it  goes  to  anoth^ 
place  called  by  them  Yowahamasing  &  from  thence  Round 
about  ye  Kill  called  Papiriniman  &  so  to  run  into  Har- 
lem Ryver  at  y6  Hook  called  Saperewack,  from  thence  it 
reacheth  South  East  to  y6  Place  called  Achquechgenom  & 
from  thence  it  reacheth  alongst  Bronckx  Ryver  to  Cowan- 
gongh,  so  on  to  Sachkerah  &  so  to  the  first  place  Mascota,  so 
that  from  Mascota  to  Sackerath  It  runs  upon  a  straight 
East  Lyne  to  Bronckx  Ryver,  &  from  Saperewack  toAcqueck- 
genom  South  East  to  yf  said  Ryver,  All  w?h  said  Tract  of 
Land  as  it  is  before  described  Wee  the  aforesaid  Indians  on 
the  behalfe  of  our  selues  those  that  have  intrusted  us  &  our 
Associates,  Have  sould  unto  ye  said  John  Archer  his  heires  & 
Assignes  for  &  in  consideration  of  Thirteene  Coates  of 
Duffells,  One  halfe  Anchor  of  Rufne,  Two  Cans  of  Brandy- 
wyne  w^h  seuerall  other  small  matters  to  ye  Value  of  sixty 
Guilders  Wampom,  All  w?h  we  acknowledg  to  haue  Receiued 
of  him  the  said  John  Archer  before  th'ensealing  &  deliuery 
of  theise  prsents  in  full  satifaction  for  y6  Lands  aforemen- 
coned,  The  w?h  we  doe  hereby  resigne  &  make  over  unto  y° 
said  John  Archer  his  heires  &  Assignes  w*h  all  o?  Right  Title 
&  interest  thereunto  as  also  theirs  that  haue  intrusted  any 
of  us  &  or  Associates  To  have  &  to  hould  the  said  Tract 
of  Land  &  prmisses  unto  ye  said  John  Archer  his  heires  & 
assignes  unto  ye  proper  use  &  behoof  of  him  ye  said  John 
Archer  his  heires  &  assignes  for  ever,  free  quitt  &  cleare 


214  Province  of  New  York  [m] 


Deeds     from  all  or  any  former  bargaine  &  sale,  or  any  othr  Incum- 

(Sec.  State)  brances  by  us  or  by  any  from  or  undr  us,  &  to  ye  utmost  of  o? 

powers  shall  keep  &  saue  him  the  said  John  Archer  his 

Sept.  28    heires  &  assignes  harmlesse  in  his  or  their  quiett  possession 

Recorded  &  Enjoyment  of  ye  prmisses  against  any  othe?  Indian  prtend- 

Mfurch74    ers  whatsoever    In  witness  whereof  we  haue  hereunto  put  o? 

hands  &  scales  y6  day  &  yeare  first  wthin  wrytten. 

This  bargaine  &  sale  was  made  by  ye  Approbation 
&  Lycence  of  his  Honof  ye  Governour  betweene 
ye  Partyes  menconed:  w*h  this  Provisoe  That  his 
Royall  Highness  his  Rights  &  Priviledges  as  Lord 
Proprietor  of  theise  his  Territoryes  be  hereby  noe 
way  infringed 

Matthias  Nicolls  Seer 


f    A 

2/420  An  Ord?  for  ye  proper  coning  ye  quantity 

(NYSL>  of  meadow  for  Jn?  Archer  at  Fordham. 

Whereas  Complaint  is  made  unto  me  That  John  Archer 
doth  lay  clayme  unto  a  greater  proporcon  of  meadow  ground 
at  Spiting  Devill  then  he  made  purchase  of  from  Elias 
Doughty,  I  doe  hereby  order  that  he  shall  haue  his  full 
proportion  of  meadow  layd  out  for  him,  lying  nearest  & 
most  Conuenient  for  ye  new  Towne  of  ffbrdham  but  no  more 
&  that  ye  remainder  do  belong  to  Wittm  Betts,  &  George 
Tippett  according  to  their  purchase  reserving  onely  what 
hath  beene  layd  out  for  ye  fferry  to  ye  wc.h  they  shall  haue  no 
furthr  prtence.  Giuen  undr-  my  hand  at  ffort  James  in  New 
Yorke  this  8^  day  of  October  1669. 

[Francis  Lovelace.] 


[m]  Collateral  and  Illustrative  Documents  215 


An  Ordr  concerning  y?  meadowe  in      C.  A. 
dispute  betweene  John  Archer  of    (NYSL) 
ffordham  &  William  Betts  &  Georg 
Tippett. 

Whereas  There  hath  beene  a  difference  long  since  depend-  1670 
ing  betweene  John  Archer  of  ffordham  &  William  Betts  &  J 
George  Tippett  of  y?  farmes  neare  adjoyning  for  &  con- 
cerning ye  Laying  out  of  a  certaine  parcell  of  meadow 
ground  sould  unto  them*  by  Elias  Doughty,  Upon  Examina- 
tion into  &  due  consideration  had  of  ye  prmisses,  It  is  this 
day  ordered,  That  John  Archer  shall  haue  Thirty  Acres  of 
meadow  ground  as  his  Complement  of  what  hath  beene  sould 
unto  him,  ye  wch  shall  be  y?  same  meadowe  formerly  laid 
out  for  him  by  Jaques  Cortileau  y?  Surveyor  &  since  likewise 
Survey' d  by  Robert  Ryder  begining  beyond  y?  Swamp  &  y* 
remaind?  of  y?  meadowe  wthin  the  purchase  is  to  be  &  belong 
unto  y?  said  Wiftm  Betts  George  Tippett  &  Company 
according  to  y?  Teno?  of  their  bill  of  sale  w1.*1  a  reservation  of 
ye  Swamp  or  Marish  ground  not  esteemed  meadowe  lyeing 
in  y?  bottom  before  y?  Towne  of  ffordham  wc.h  for  y?  prsent 
shall  belong  to  y?  Inhabitants  of  y?  said  Towne  Always 
provided,  That  neithr  y?  said  Archer  nor  y?  said  Betts  & 
Company  or  any  of  them  by  vertue  of  their  bills  of  Sale  or 
othr  prtences  doe  lay  clayme  to  y*  meadowe  ground  laid  out 
in  Lotts  &  belonging  to  some  of  y®  Inhabitants  of  y?  Towne  of 
Harlem  whose  Right  to  y?  same  is  not  any  way  hereby 
infringed  Given  undr  my  hand  at  ffort  James  in  New 
Yorke  this  7^  day  of  July  1670. 

[Francis  Lovelace.] 


216  Province  of  New  York  [?i°i] 


G-  E-  An  Ordr  directed  to  Cap1  Jaques  Cortelijau 

(RYSL)  requireing  him   to   lay   out    John   Archers 

Land  at  ffordham  als  Spiting-Devill. 

^71  These  are  to  require  you  that  wth  yo?  first  Convenience 
you  repaire  to  ffordham  neare  Spiteing-Devill,  &  that  accord- 
ing to  yor  best  skill  &  Judgm*  you  lay  out  for  &  upon  ye 
Acco*  of  John  Archer  of  ye  same  Place  ye  Land  wch  hee 
possesses  or  hath  purchased  of  Elyas  Doughty,  or  of  ye 
Indyans  by  my  Approbacon;  ffor  yor  better  Directions 
wherein  you  are  to  view  his  Papers  &  Writeings,  &  withall 
to  Advize  wth  such  of  ye  Neighbourhood  as  you  thinke  can 
give  you  ye  best  Light  &  Assistance  therein,  That  hee  entrench 
not  upon  his  Neighbours  Right;  of  all  which  you  are  to 
render  mee  an  Acco*  And  for  soe  doeing  This  shall  be  your 
Warrant.  Given  under  my  Hand  at  fforte  James  in  New 
Yorke  this  i8th  day  of  October  1671. 

ffran:  Louelace 
To  Cap*  Jaques  Cortelijau 
Survey or  Gen11. 


Deeds     [Report  in  relation  to  Survey  of  Archer's  Land  at  Fordham.] 

(Sec*.  State) 

New  Yorke  Recorded  for  John  Archer. 

Novem:  gth 
1671. 

By  Ord^  from  ye  Governor  Lovelace,  wee  have  Layd  out 
John  Archers  utmost  Lymitts  of  his  Land  at  ffordham,  begin- 
ning from  ye  High-Wood-Land  that  lyes  right  North-West 
over  against  the  first  Pointe  of  y?  Maine-Land,  North-East 
from  Papiriniman,  there  where  the  Kill  Maskota  lyes,  &  soe 
goes  alongst  y6  said  Kill;  y6  said  Land  stretching  from  ye 
High-Wood-Land  aforemen coned  East  South  East,  till  you 


[3i']  Collateral  and  Illustrative  Documents  217 


come  to  Bronckx  his  Kill,  &  soe  Westward   up   alongst  ye     Deeds 

Maine  Land  to  y6  Place  where  Harlem  Kill  &  Hudsons  River  (Sec.  State) 

meet  together,  &  soe  goes  alongst  y6  said  Kill  of  Harlem,  untill 

you  come  to  ye  first  ffountaine,  lyeing  to  ye  South  of  Crabbs    Nov.  9 

Island,  &  soe  Eastward  alongst  Daniel  Turneurs  Land,  ye 

High  Wood-Land,  &  ye  Land  belonging  to  Thomas  Hunts, 

&  then  to  Broncks  his  Kill  aforenamed;  This  was  done  wth 

a  Compass  made  for  ye  Climate  of  Europe. 

Jaques  Cortelijau  —  Surveyor  Gen^11 

Qudley  Lovelace. 


An  Ordr  to  restrayne  Betts  &   Tippett  from     <*•  E. 
doeing  Trespass  upon  ye  Land  belonging  to     (»YSL) 
John  Archer  of  ffordham. 

Whereas  there  is  Comptt  brought  by  Mr  Jn?  Archer,  That  l6726 
notwithstanding  the  Orders  made  by  ye  Governor  that  the 
Swamp  or  Bagg  of  Meadow  near  ye  Towne  of  ffordham 
should  belong  to  the  said  Towne,  &  that  a  Division  of  the 
Meadow  hath  by  his  Hono^  been  at  severall  times  made  by 
Surveyor8  appointed  to  doe  the  same,  between  y6  said  Jn? 
Archers  Land  at  ffordham,  &  yc  ffarmes  belonging  to  William 
Betts,  &  George  Tippett,  yett  the  said  Betts  &  Tippett,  or 
some  from  them  or  by  their  Order,  have  mowed  upon 
the  Meadow,  adjudged  to  ye  said  John  Archer,  &  laid  out 
for  the  said  Towne  of  ffordham;  These  are  in  his  Ma*ies 
Name  to  require  you  to  forewarne  the  said  Betts  &  Tippett, 
or  any  employ'd  by  them,  from  trespassing  upon  any  of  the 
Meadowes  aforemen coned,  &  that  you  bee  aiding  &  assisting 
to  the  Inhabit?5  of  ffordham  in  what  concerns  their  Right  to 
y6  said  Meadows,  of  wch  all  Persons  are  to  take  notice,  & 
give  Observance  hereunto,  as  they  will  answer  their  Trespass, 
&  breach  of  ye  Governor  severall  Ordr8  upon  this  Occasion 


218  Province  of  New  York 


G-  E-      at  their  Perill.     Given  under  my  hand  in  New  Yorke  this 

4"  *9* 

(NYSL)    i6^h  day  of  August  1672. 

Matthias  Nicolls 

6  In  ye  Absence  of  ye  Governo? 

To  y6  Constable  of  Fordham 
&  Office  there. 


G.  E.  A  Speciall  Warr*  for  Hearing  &  Tryall  at  ye  Gen?11 

(NYSL)  Cof*    of    Assizes,     in    a    difference     depending 

between  Jn°  Archer,  &  Betts  &  Tippett. 

1672          Whereas  there  have  been  severall  Disputes  &  Contests 
Aug.  23  ... 

between  John  Archer  of  ffordham  nigh  Spiting-Devill  on 

ye  behalfe  of  himselfe  &  ye  Inhabitants  of  the  said  Place,  and 
William  Betts,  George  Tippett,  &  ye  Inhabitants  at  ye  three 
ffarmes  upon  the  land  called  Younckers  Land,  touching  the 
Bounds  &  Lymitts  between  the  Land  of  the  said  John  Archer, 
&  ye  Inhabitants  of  the  three  ffarmes,  &  more  particularly 
concerning  their  Meadowes,  the  wch  was  supposed  long  since 
to  bee  decided,  wherein  I  had  the  trouble  severall  times  to 
goe  upon  the  Place  in  Person,  &  at  others  to  send  Com- 
missionf3  &  Surveyor8  who  having  made  their  Reports, 
diverse  Orders  have  proceeded  thereupon  from  my  selfe  & 
Councell,  for  the  determining  of  their  Differences,  &  ascer- 
taining of  the  Bounds  of  their  Lands  &  proportions  of 
Meadow,  Yet  notwithstanding  all  Orders  to  the  contrary, 
the  said  William  Betts  or  his  agents  have  lately  prsumed  to 
mow,  &  carry  the  Hay  away  from  within  the  prcincts  of  the 
Meadow  adjudged  to  belong  to  the  said  John  Archer  & 
Towne  of  ffordham;  These  are  in  his  Ma*ies  Name  to  require 
the  said  William  Betts,  and  George  Tippett,  or  whoever  else 
of  the  3  ffarmes  aforemen coned  are  concerned  in  the  Tres- 
pass or  Clayme  to  ye  Meadow  aforesaid,  That  they  make 
their  Appearance  at  ye  next  Gen?11  Co*  of  Assizes  to  bee  held 


[m]  Collateral  and  Illustrative  Documents  219 

in  this  City,  beginning  on  ye  first  Wednesday  in  October  next,      <f.  E. 
then  &  there  to  make  Answer  to  ye  Comp^  of  John  Archer  in    (NYSL) 
an  Action  of  Trespass,  &  also  for  the  breach  of  the  severall 
Ordr8  made  by  mee  and  my  Councell  in  this  behalfe;  Hereof   Aug.  23 
they  are  not  to  fayle  as  they  will  answer  the  contrary  at  their 
perills.     Given  under  my  Hand  and  Scale  at  fforte  James 
in  New  Yorke  this  23th  day  of  August  1672. 

[Francis  Lovelace.] 

To  ye  Constable  of  Fordham  who  is  to 

J  ^  9 

see  this  Warrant  putt  in  Execucon,  & 
a  returne  thereof  made  at  ye  Co*  of 
Assizes. 


An  Ordr  about  ye  Mannoi"  of  ffordham,    viz*     G,  E. 

A. '  2*7* 

that  a  Co^  bee  kept  there  quarterly,  &  that    (NYSL 
Mr  Jn?  Rider  bee  Steward  &  Presid' 


Whereas  M?  Jn°  Archer  having  obteyned  a  Patent  from  1673 
mee  for  a  certaine  Parcell  of  Land  upon  ye  Maine  (of  wch 
hee  had  made  Purchase)  lyeing  &  being  over  against  this 
Island  Manhatans,  neare  Spiting  Devill,  where  a  New 
Village  is  seated,  &  is  called  ffbrdham,  unto  ye  wch  I  have 
thought  fitt  to  Grant  ye  Priveledge  of  a  Manno?,  &  the 
said  Mf  John  Archer  being  the  Principall  Proprietor 
having  requested  of  mee,  That  being  ye  Principall  Pro- 
prieto?  for  ye  Decision  of  Matters  of  Debt  &  Trespasse 
between  him  &  his  Tenants,  or  between  one  Tenant  & 
another  there  may  bee  held  a  Court  quarterly,  or  as 
often  as  there  shall  bee  Occasion,  of  wch  some  Person  as 
Steward  of  the  Manno?  shall  bee  Presid^,  taking  as  his 
Assistants  y6  Constable  of  ye  Place,  &  one  or  two  more  of  the 
discreetest  of  the  Inhabitants;  The  holding  of  a  Court  there 
by  ye  Constable  &  Overseers  being  not  practicable  amongst 


220  Province  of  New  York  [m] 


G-  E-     them  in  their  New  Settlement,  By  these  Presents  I  doe  well 
4:  277 
(NYSL)    approve  of  ye  Proposall  afore-mentioned,  &  doe  Order  That 

there  shall  bee  held  for  ye  said  Manno?  of  ffordham  a  Court 
Apr.  10  quarterly  or  oftner  if  Occasion  shall  bee  the  first  Court  to  bee 
on  ye  24*h  day  of  this  Instant  Month  where  the  Steward  for 
the  time  shall  bee  Presid*  &  that  hee  take  as  his  Assistants  y6 
Constable  of  ye  Towne,  &  one  or  two  more  of  the  discreetest 
of  ye  Inhabitants  as  afores?  or  Neighbourhood,  for  the 
Decision  of  all  Differences  of  Debt  or  Trespasse  between 
the  Landlord  &  Tenants,  or  one  Tenant  wth  another,  accord- 
ing to  ye  Direction  in  the  Law  &  ye  Priveledges  in  his  Patent. 
And  Mr  John  Rider  being  recommended  by  ye  said  M? 
Archer  to  bee  Steward  of  the  Court,  I  doe  hereby  Allow 
thereof  the  said  Steward  taking  his  Oath  to  doe  Justice  in 
ye  said  Employm*  between  Man  &  Man  according  to  Law 
&  good  Conscience,  &  Regulating  himselfe  as  a  Steward  of 
a  Manno?  ought  to  doe,  for  ye  wch  as  Occasion  requires  hee 
shall  have  particular  Directions  from  my  selfe.  Given  under 
my  hand  at  ffbrt  James  in  N:  Yorke  this  10^  day  of  Aprill 
in  ye  25?h  yeare  of  his  Ma^ies  Reigne  Annocp  Domini  1673. 

[Francis  Lovelace.] 

Eodem  Die,  viz?  Apr:  io^h  1673. 

M?  John  Rider  was  sworne  Steward  of  ye  MannoT 
of  fFordham,  &  duely  to  Administer  Justice  accord- 
ing to  ye  Trust  reposed  in  him  &c: 


Dfeds  [Deed  from  Archer  to  Matthias  Nicolls.] 

(Sec.' State) 


To  all  to  whom  this  prsent  writeing  Shall  Come  John 
Jan.  i     Archer  of  ffordam  Sendeth  greeting;    Wh[e]reas  the  Said 
John  Archer  layes  Claime  to  a  Neck  of  land  Hummock  or 
Island  Commonly  Called  Papiriman  by  vertue  of  his  Pur- 


[Si]  Collateral  and  Illustrative  Documents  221 


chase  &  Pattent,  whereupon  it  was  the  late  Governed  Cott  Deeds 
ffrancis  Lovelaces  Pleasure  to  Settle  Johannes  Vervelen  for  (Sec.  State) 
Some  years  to  keep  a  fferry  for  the  Convenience  of  Passen-  ^ 
gers  Betweene  the  Island  Manhatans  to  ye  Maine  from  and  Jan.  i 
to  which  it  is  the  Only  Road,  Now  know  Yee  that  for  &  in 
Consideracon  of  a  Certaine  Sufne  of  Money  in  hand  Paid  or 
Secured  to  bee  paid  by  Matthias  Nicolls  Secretary  to  this 
his  Roy11  Highnesse,  Gover[n]ment,  Hee  the  sd  John  Archer 
hath  for  himselfe  his  heirs  &  Executof3  given  granted, 
Bargained,  Aliened,  &  9  Sold  &  by  these  prsents  doth 
give,  grant,  Bargaine,  alien  &  Sell,  unto  the  aforenamed, 
Matthias  Nicolls  his  heirs  and  Assigns  all  his  Right  tittle  and 
Interest,  unto  the  sd  Neck  of  land  Hummock,  or  Island,  & 
Premisses,  together  with  the  Appurtenances,  within  the 
Limmitts  &  bounds  heretofore  agreed  upon  to  be  held  by  the 
said  Johannes  Vervelen,  without  other  Prejudice  to  the  towne, 
Reserveing  the  Royalty  of  the  Same,  with  the  rest  of  the 
Manner,  from  the  which  it  is  nott  to  bee  divided  but  on  the 
Contrary  as  an  acknowledgement  the  sd  Matthias  Nicolls, 
his  heirs  and  Assignes,  are  to  pay  or  Cause  to  bee  paid, 
Every  New  Yeares  day  unto  the  sd  John  Archer,  his  heirs 
and  assignes,  a  fatt  Capon;  To  have  and  to  hold  the  sd  Neck 
of  Land,  Hummock  Island  Premises,  withall  the  tittle  right 
and  Interest,  which  hee  the  sd  John  Archer  hath  or  may 
have  thereunto,  unto  the  Said  Matthias  Nicolls  his  heirs 
and  assignes,  &  unto  his  or  their  proper  use  and  behoofe  for 
Ever,  In  Wittnesse  whereof  he  the  Said  John  Archer,  hath 
hereunto  Sett  his  hand  [and]  Scale  this  first  day  of  January  in 
the  26th  [sic]  yeare  of  his  MatiesReigne  Annocp  Domini.  1678. 

John  Archer 
Sealed  Delivered  In 
presence  of 

Peter  Smith 

Henry  Newton 


222  Province  of  New  York  [iv] 

NO.  IV. 
NEW  FERRY  AT  SPUYTEN  DUYVIL. 


.  W.  L.  An  Ord?  for  ye  MayoT  &  Aid"1;611  of  N.  Yorke 

(NY3SL)  to  settle  ye  fferry  at  Harlem  &c 

Feb?27  Whereas  Johannes  Vervelen  of  New  Harlem  hath  prferr'd 
a  Peticon  unto  me  In  regard  ye  fferry  of  Harlem  is  to  be 
Removed  &  that  yepassage  at  Spiting  Divell  is  to  be  fitted  & 
kept  for  passengers  going  to  &  from  this  Island  to  ye  Maine 
as  also  for  a  drift  for  Cattle  &  Horses  that  he  may  be  admitted 
to  keep  ye  said  Passage  The  PetT  alleadging  that  having  a 
promise  from  ye  late  Governo?  my  Predecessor  as  also  a 
Confirmacon  from  ye  Mayo?  &  Aldermen  of  this  Citty  that 
he  should  injoy  ye  benefit!  of  ye  fferry  at  Harlem  for  fiue 
yeares  Conditionally  that  he  should  provide  boates  &  other 
necessary  accomodacon  for  strangers  wc.h  accordingly  he 
hath  perfourmed  but  there  is  not  as  yett  aboue  two  yeares 
of  ye  tyme  expired,  I  haue  thought  fitt  to  referr  ye  whole  Case 
of  ye  Pet?  to  ye  Mayor  &  Aldermen  of  this  Citty  who  are  to 
returne  back  to  me  their  Judgm*  &  Resolution  therein, 
Whereupon  I  shall  giue  Ord?  for  ye  laying  out  of  a  peice  of 
land  neare  Spiting  Divell  fitt  for  ye  accomodation  of  the 
person  that  shall  be  appointed  to  keep  ye  fferry  &  Passage 
there,  as  also  for  ye  Releife  of  passengers  &  strangers  Given 
und?  my  hand  at  ffort  James  in  New  York  the  27^  day  of 
February  1668. 

[Francis  Lovelace.] 
To  ye  MayoT  &  Aldermen 
of  ye  Citty  of  New  Yorke. 


$']  Collateral  and  Illustrative  Documents  223 


An  order  about  the  Ferry  to  bee  removed  °-  w-  L- 

.  2*  424 

from  Harlem  to  Spiting  Devill.  (NYSL) 

Whereas  it  hath  beene  resolued  and  concluded  upon  that  1669 
the  Ferry  at  New  Haerlem  shall  bee  removed  to  a  nearer 
and  more  convenient  passage  to  and  from  this  Island  and 
the  maine,  which  is  found  to  bee  at  a  Place  called  Spitting 
duyvell  And  Johannes  Verveelen  who  hetherto  hath  kept 
the  Ferry  at  New  Haerlem  aforesaid  being  found  the  fittest 
person  to  bee  employed  therein,  that  will  undertake  it  both 
in  regard  of  the  Charge  hee  hath  beene  allready  it *  and 
his  Experience  that  way.  These  are  to  authorize  and  Em- 
power him  the  said  Johannes  Verveelen  to  repaire  to  the 
said  place  at  Spitting  duyvell  and  to  cause  a  fence  to  bee  made 
for  keeping  all  manner  of  Catties  from  goeing  or  Coming 
to  or  fro  the  said  passage  without  leave  or  paying  therefore 
and  at  his  best  conveniency  to  lay  out  a  place  upon  that 
peece  of  Land  called  Papiriniman  on  the  meane  Side  neare 
unto  the  said  passadge  for  his  habitacon  and  accomodacons 
of  Travallers  for  the  which  hee  shall  haue  a  patent  and 
Articles  of  Confirmacon  And  for  so  doeing  this  shall  bee  his 
warrant.  Given  under  my  hand  at  Fort  James  in  New 
Yorke  this  2d  day  of  June  1669  p  T 

To  all  officers  or  other 
persons  whome  this  may 
concerne. 


[Articles  of  Agreement  for  the  Conduct  of  the  Ferry.]       o.  w.  L. 

2:538 


July  y  IS*  1669. 
Before  y  Governor 

About  ye  Ferry  to  be  remoued  from  Harlem  to  Spiting 
Devill  Johannes  Vervelen  to  be  fferryman  Jidy  15 

'  Should  be  "  at." 


224  Province  of  New  York  [iv] 


°2^s's"       First  That  he  prouide  a  sufficient  dwelling  house  w^  three 
(NYSL)    or  foure  beds  for  ye  Entertainm*  of  Travelers,  &  that  he 
plete  copy  be  furnish't  alwayes  w^  prouisions  for  them  their  horse  & 
^2:507   '  Cattle  &  stabling  &  stalls  accordingly. 

That  he  haue  a  sufficient  boate  for  transportation  of  pas- 
July  %    sengr?  horses  &  Cattle. 

That  he  cause  ye  Passe  upon  this  Island  neare  Spiting 
Devill  to  be  sufficiently  fenced  in  w^  a  gate  to  be  kept 
lockt,  that  none  may  passe  in  or  Out  wthout  his  pmission. 

That  he  giue  his  due  Attendance  at  ye  said  Ferrye  eith? 
in  person  or  one  sufficiently  deputed  by  him  so  that  no  body 
be  interrupted  in  their  passage  to  &  fro  about  their  occasions, 
at  seasonable  houres,  Except  in  Case  of  Emergency  where 
ye  publique  affaires  are  Concerned  when  he  is  to  be  ready 
at  all  seasons  that  he  shall  be  called  upon. 

And  in  Case  of  neglect  upon  ye  Complaint  of  ye  ptye  to 
ye  Court  of  Mayo?  &  Aldermen  of  this  Citty  he  shall  Incurrt 
such  fyne  or  penaltye  as  ye  Court  shall  adjudge  according 
to  ye  meritt  of  ye  Cause. 

That  ye  fferryman  belonging  to  ye  New  Towne  of  ffordham 
be  Constable  for  ye  first  yeare,  &  yt  ye  said  Towne  haue 
dependance  upon  ye  Mayo1"?  Court  of  this  Citty  as  Harlem 
hath  untill  further  Order. 


The  Ferryman  is  to  haue  for  ye  Execution 
of  his  Office  as  followeth. 

That  ye  whole  Island  of  Papiriniman  be  alotted  him  toward 
y6  Accomodation  of  Strangers  &  ye  defraying  of  his  Charges. 

That  he  haue  a  proportion  of  meadow  adjacent  to  it 
for  ye  further  Accomodation  of  [blank]  Acres. 

That  y6  said  Island  together  w*h  y6  house  &  other  buildings 
he  shall  Erect  upon  ye  prmisses  be  Esteemed  &  taken  as  his  for 
ye  space  of  [blank]  yeares  or  for  &  duering  his  naturall  life. 


[??•]  Collateral  and  Illustrative  Documents  225 


That  aftT  y6  Expiration  of  y*  said  tyme  if  it  shall  be  thought   °;  %w-  £• 

fitt  to  invest  anothr  ye  person  so  invested  shall  giue  unto  him    (NYSL) 

....  i          •  r       •        r      i_*     L    -U*  i_  Alsoincom- 

or  his  Assignes  such  satisfaction  tor  his  buildings  thereupon  piete  copy 

as  shall  be  adjudged  by  two  indifferent  psons  chosen  be- m  ^:  ^ L' 
tweene  both. 

That  in  Case  he  lodges  any  pson  one  night  he  is  to  haue 
6.  pence  p  night  in  Case  they  haue  a  bed  wt!?  sheets  &  wthout 
sheets  two  pence  in  Silver. 

For  Transportation  of  any  person  Except  he  be  imployed 
by  warrant  by  y6  Gouei^io?  or  any  magistrate  upon  ye  pub- 
lique  affaires  for  wc.h  he  is  to  haue  no  pay  one  penny  sylver, 
Likewise  that  he  is  to  take  nothing  for  any  pson  or  psons 
sumoned  to  appeare  in  Armes  upon  any  Emergent  occasion. 

For  Transportation  of  a  man  &  horse  7?  in  Silver. 

For  a  Single  horse.  6<? 

For  a  Turne  w*.h  his  boate  where  there  is  2  horses  lo*?  & 
for  any  more  quantity  4?  p  peice  &  if  they  be  driuen  ouer 
halfe  as  much. 

For  Single  Cattle  as  much  as  a  horse. 

For  a  Boate  loading  of  Cattle  as  he  hath  for  horses. 

For  Droves  of  Cattle  to  be  driuen  ouer  &  opening  ye 
Gates  2?  p  peice. 

For  feeding  a  horse  one  day  or  night  w*.h  hay  or  grasse 
six  pence. 

For  feeding  of  Cattle  3*  in  Silver. 

That  he  pay  as  a  quitt  rent  yearly  10  shill: 

That  ye  fferryman  beare  one  third  part  of  ye  Charge  of 
making  y6  bridge  over  ye  meadow  w*.h  those  of  fFordham 
who  are  to  pay  y6  rest. 

That  if  it  shall  be  thought  Convenient  that  the  privi- 
ledge  of  keeping  a  ffayre  be  graunted  to  this  Citty  or  any 
othr  parte  of  this  Island  all  Droves  of  Cattle  passing  over 
y6  fferry  are  to  goe  free  &  so  to  be  in  retorning  a  day  before 


226  Province  of  New  York 


O.  W.  L.  &  a  day  after  it's  Expiracon  before  wc.h  &  after  they  are  to 
2 : 538  J  J 

(WYSL)     pay  ye  usuall  Rate. 

pleteTcopy"      To  leaue  ye  building  &  fence  in  good  repaire. 
**  2-  507 L       ^n  Testimony  hereof  ye  Partyes  to  theise  prsents  Articles 
Indented  haue  Interchangably  putt  to  their  hande  &  Scales 
1669      ye  j)ay  &-  yeare  first  aboue  wrytten. 

Sealed  &  Delivered  in 
ye  presence  of. 

This  is  ye  End  of  y6  Articles  betweene  ye  Governour  & 
Vervelin  the  Ferryman. 


[The  Articles  of  Agreement.] 

Articles  of  Agreem*  Indented,  consented  unto  &  Con- 
[Sept.]  eluded  upon  ye  [blank]  day  of  [blank]  in  ye  21^  yeare  of  his 
Maties  Raigne  Annoq)  Domini  1669.  Betweene  ye  Rfc  Honb.le 
Francis  Louelace  Esqr  Gouerno?  Genr"  undT  his  Royall 
Highness  James  Duke  of  Yorke  &  Albany  &c  of  all  his 
Territoryes  in  America  on  ye  one  parte  &  Johannes  Ver- 
velen  of  New  Harlem  on  ye  Island  Manhatans  Ferryman  on 
ye  oth?  pte  for  &  Concerning  ye  settling  of  a  Ferry  at  y6 
place  Comonly  called  Spiting  Devill  betweene  this  Island 
Manhatans  &  ye  New  village  called  Fordham  as  followeth 
(viz*)  that  is  to  say. 

Inprimis,  It  is  agreed  Concluded  upon  &  mutually  con- 
sented unto  by  &  betweene  ye  ptyes  to  theise  prsents,  That 
ye  said  Johannes  Vervelen  as  Ferryman  shall  Erect  &  prouide 
a  good  &  sufficient  Dwelling  house,  upon  ye  Island  or  Neck 
of  Land  knowne  by  ye  name  of  Papiriniman,  where  he  shall 
be  furnish't  w*.h  three  or  fower  good  Bedds,  for  ye  Enter- 
tainment of  Strangers,  as  also  w11?  Provisions  at  all  Seasons, 
for  them  their  horses  &  Cattle  togethr  w*.11  stabling  &  stalling. 

That  ye  Ferryman  haue  a  sufficient  &  Able  boat  for  ye  Trans- 
portation of  Passengers  Horses  &  Cattle  upon  all  Occasions. 


Rv]  Collateral  and  Illustrative  Documents  227 

That  y6  said  Ferryman  cause  ye  Passe  upon  ye  said  Island  °»  w«  L. 
neare  unto  Spiting  Devill  to  be  sufficiently  fenced  in  w^  a  (NYSL) 
Gate  to  be  kept  Lockt  that  noe  person  may  passe  in  or  out 

+v>*       i   •  •      •  IOOQ 

wthm  his  pmission.  [Sept.] 

That  ye  Ferryman  doe  beare  one  third  parte  of  ye  Charge 
of  making  ye  bridge  ouer  y6  meadow  ground  to  y6  Towne 
of  Fordham  who  are  to  be  at  y6  remaindF  of  y6  Charge 
themselues. 

That  ye  said  Ferryman  doe  giue  his  due  Attendance  at 
y6  said  Ferry  either  himselfe  in  person  or  by  one  sufficiently 
deputed  by  him,  so  that  no  body  be  interupted  in  their 
passage  to  &  fro  about  their  Occasion  at  seasonable  houres, 
Except  in  case  of  Emergency  where  ye  Publique  affaires  are 
concerned,  where  ye  said  Ferryman  is  to  be  ready  at  all 
seasons  that  he  shall  be  called  upon. 

And  in  Case  of  neglect  of  ye  Ferrymans  Duty  upon  Com- 
plaint of  ye  pty  wronged  to  ye  Co*  of  Mayo'  &  Aldermen  of 
this  Citty,  The  said  Ferryman  shall  Incurr  such  a  Penalty 
as  ye  Co"  shall  adiudge  according  to  ye  meritt  of  ye  Cause. 

In  consideration  of  what  is  herein  required 
to  be  done  &  pfourmed  by  ye  said 
Johannes  Vervelen  as  fferyman,  he  ye 
said  Johannes  Vervelen  shall  for  ye  well 
Execution  of  his  Office  haue  &  receiue 
as  followeth  (vizt). 

That  ye  whole  Island  or  Neck  of  Land  called  Papiriniman 
whethF  incompassed  w1.11  water  or  meadow  Ground,  shall  be 
alotted  to  ye  said  Ferryman  togethr  w^  ye  peice  of  meadow 
Ground  adjoyning  to  it  lately  layd  out  by  Jaques  Corteliju 
[sic]  Surveyor  towards  the  Accomodation  of  Strangers  & 
ye  defraying  of  his  Charges. 

That  ye  said  Island  or  Neck  of  Land  &  meadowe  Ground 
togethf  wl.h  ye  housing  or  whatever  else  he  shall  Erect  or 


228  Province  of  New  York 


O;  W.  L.  build  thereupon,  togeth?  w*11  ye  Ferry  &  ye  benefitt  priuiledges 

(NYSL)    &  profitts  thereunto  belonging  shall  be  &  remaine  to  y* 

proper  use  &  behoofe  of  y6  said  Johannes  Vervelen  &  his 

[Sept.]     Assignes  for  &  duering  y6  Terme  &  space  of  Eleauen  yeares 

to  Comence  from  &  aft?  ye  ls.fc  day  of  [blank]  1669. 

That  for  ye  First  yeare  he  ye  said  Johannes  Vervelen  be 
Constable  of  ye  New  Towne  of  Fordham  wc.h  said  Towne  or 
village  is  to  haue  it's  dependance  upon  ye  Mayors  Co?*  of 
this  Citty  in  like  manner  as  ye  Towne  of  New  Harlem  hath, 
They  hauing  liberty  to  Trye  all  small  Causes  und?  5tt  amongst 
themselues  as  is  allowed  in  othF  Towne  Courts. 

That  afVye  Expiration  of  ye  said  Terme  &  tyme  of  Eleaven 
yeares,  He  ye  said  Johannes  Vervelen  if  he  so  longe  shall 
Hue  &  desire  ye  same  shall  haue  ye  First  proffer  to  Continue 
Ferryman  or  in  Case  of  his  decease  his  nearest  relation  or 
Assigne  shall  haue  preference  before  another  in  being 
admitted  to  take  yf  said  Ferry  to  ffarme  But  if  it  shall  happen 
that  another  pson  shall  be  invested  in  ye  Imploym*  The 
pson  so  invested  shall  pay  unto  him  ye  said  Johannes  Ver- 
velen or  his  Assignes  &  make  such  satisfaction  for  his  build- 
ings boats  &  othr  Accomodacons  remaining  thereupon  as 
shall  be  adjudged  by  Two  indifferent  psons  to  be  chosen 
betweene  both  ptyes. 

That  at  ye  Expiration  of  ye  Terme  of  Eleaven  yeares  y6 
said  Johannes  Vervelen  or  his  Assignes  who  shall  Exercise 
ye  Imploym?  of  Ferryman  shall  be  obliedged  to  haue  ye 
house  Tenantable  w^  a  sufficient  boate  &  ye  ffences  &  Gates 
kept  in  repaire  as  they  ought  to  be  Continued  all  ye  tyme 
so  that  no  discourager^  be  Giuen  to  passengers  nor  ye  Ferry 
through  any  neglect  be  discontinued. 

That  y6  fferryman  shall  take  &  receiue  of  all  Passengers 
wheth?  alone  or  w*h  or  on  horsback  drifts  of  Horses  or  Cattle, 
for  lodging  Dyett  feeding  passage  or  ferrying  according  to 
6  Rates  in  a  Table  to  That  End  directed  &  sett  forth. 


[iv]  Collateral  and  Illustrative  Documents  229 

Provided  alwayes    that    all  psons  Employed   by  speciall   °- w-  L« 
warrant  from  ye  Governor  or  any  Magistrate  upon  ye  Pub-    (NYSL) 
lique  Account  shall  be  Exempted  from  paying  eitfr  fferryage 
or  passage  for  themselues  or  Horses  as  also  such   pson   or     [Sept.] 
psons  as  shall  at  any  tyme  be  sumoned  to  appeare  in  Armes 
upon  any  Emergent  or  Extraordinary  Occasion  who  are 
likewise  to  be  free. 

Moreover  if  ye  Governor  shall  at  any  time  wthin  ye  Terme 
aforesaid  thinke  it  Conuenient  that  a  Fayre  shall  be  kept 
eith^in  this  Citty  or  any  oth?  pteof  ye  Island,  It  is  also  agreed 
upon  that  all  Droves  of  Cattle  &  Horses  passing  over  ye  said 
fferry  shall  be  free  from  payment,  either  in  goeing  thith' 
or  retorning  back,  wc.h  priuiledge  shall  continue  duering  ye 
tyme  of  keeping  ye  ffayre  as  also  a  day  before  &  a  day  aft' 
it's  Expiration. 

And  Lastly  ye  said  Johannes  Vervelen  or  whosoeuer  on 
his  behaife  shall  keep  ye  fferry  aforesaid  shall  pay  yearely  & 
euery  yeare  as  a  Quitt  Rent  to  his  Royall  Highnesse  ye 
Suine  of [blank] 

An  Ord?  excusing  William  Betts  &  oth1"8  from     £•  ^ 
making   a    bridg  ouer  ye   Marsh    betweene     (NYSL) 
Papirinimon  &  ffordham. 

Whereas  it  was  proposed  unto  me  by  William  Betts  George 
Tippett  &  John  Heddyer1  that  living  at  some  distance  from 
y*  Towne  of  Fordham  where  a  Cawsey  is  to  be  made  ouer 
ye  Marshy  ground  betweene  Papiriniman  &  ye  Towne  of 
ffordham  if  they  may  be  Excused  from  their  Proportion  of 
worke  in  making  up  that  Cawsey  they  will  be  obliedged  to 
make  a  bridg  at  their  owne  charge  over  Bronckx  Ryver  in 
y6  way  to  Eastchestf  w?h  is  also  a  thing  very  requisite  & 
cqmodious,  Upon  debate  of  y6  said  Proposicon  in  y6  prsence 

1  John  Heddy  or  Hedden. 


230  Province  of  New  York  [Nv'] 


2'  *66  °^  ^  sa^  Three  persons  &  also  of  diuers  of  ye  Inhabitants 
(NYSL)  of  Fordham  those  of  ye  Towne  offering  to  giue  their  assist- 
6  ,  ance  in  making  of  ye  said  bridg  aftf  ye  Cawsey  shall  first  be 
Feb.  10  finisht  for  ye  w?h  all  their  Assistance  will  be  little  Enough, 
&  finding  that  what  is  proposed  by  ye  Towne  tends  to  ye 
greater  Expedition  of  both  workes  It  is  ordered  that  ye  3 
psons  aforenamed  do  first  joyne  w*h  ye  rest  of  ye  Towne  of 
ffbrdham  in  making  up  ye  Cawsey  agreed  upon  as  aforesaid 
&  that  afterwards  they  do  all  Jointly  giue  their  best  help  & 
assistance  in  making  a  Convenient  bridg  ouer  Bronckx  Ryver, 
w*h  a  Gate  on  EastchestT  syde  to  hind?  their  Hoggs  from 
comeing  over  In  consideration  whereof  &  for  their  Incour- 
agem*  it  being  a  new  Plantation  they  shall  haue  ye  liberty 
&  priviledg  of  having  ye  Passage  of  ye  Ferry  free  to  &  fro 
for  themselues  Horses  Hoggs  &  Cattle  for  &  duering  ye 
space  of  tyme  Johannes  Vervelen  ye  prsent  Constable  or 
his  Assignes  shall  injoy  ye  Ferry,  as  by  agreem*  betweene  us 
is  sett  downe,  Given  und?  my  hand  at  Fort  James  in  New 
Yorke  this  io*h  day  of  February  1669. 

[Francis  Lovelace.] 


No.  V. 
NEW  ROAD  BETWEEN  NEW  YORK  AND  HARLEM. 


°-  w-  J«  An  Order  for  a  Cart  way  to  be  cleared 

2 : 336  J 

(NYSL)  betweene  this  Towne  &  Harlem. 

Feb.  24  Francis  Louelace  Esqr  &c  Whereas  It  is  found  Convenient 
&  very  necessary  for  mutuall  Comerce  w*.h  one  another  that 
a  waggon  or  Cart  way  should  be  laid  out  &  cleared  betweene 


Collateral  and  Illustrative  Documents  231 


this  Citty  &  y6  Towne  of  Harlem  wcl?  hath  heretofore  beene  °-  w-  J" 

.  2 : 336 

Ordered  &  appointed  but  never  as  yett  was  prosecuted  to    (NYSL) 

effect  These  are  to  authorise  &  Empower  yo1?  as  Comissionr? 

to  see  ye  same  put  in  Execucon  That  is  to  say  after  hauing    Feb.  24 

agreed  upon  a  tyme  of  meeting  to  view  &  lay  out  ye  ground 

that  yo"  appoint  ye  Boores  of  ye  Bowery  neare  this  Citty  & 

ye  parts  adiacent  to  cleare  ye  way  from  this  Citty  to  ye  Saw 

Kill,  &  y6  Inhabitants  of  ye  Towne  of  New  Harlem  to  do  ye 

like  from  thence  to  their  Towne,  &  that  it  be  cleared  &  made 

fitt  for  a  passage  for  waggons  &  Carts  as  well  as  Horses  from 

one  place  to  anoth?  by  ye  first  day  of  May  next  according  to 

this  my  OrdT  I  do  expect  an  exact  perfourmance  of  what  is 

Comitted  to  yo^  charge  &  for  so  doing  this  shall  be  to  yo"  & 

every  of  yo"  a  sufficient  warrant  Given  undr.  my  hand  &  seale 

at  flFort  James  in  New  York  this  24^  day  of  ffebruary  1668. 

[Francis  Lovelace.] 
To  Thomas  Hall  & 
Gerritt  Hendricks 

& 

To  Daniel  Turner  &    )  c     XT      TT    , 

j-  for  New  Harlem. 


}  for  New  York. 


Resolued  Waldron 


No.  VI. 

TOWN  OF  WESTCHESTER,  WILLIAM  WILLETT 
AND  THOMAS  HUNT,  SR. 


To  the  Constable  &  Overseers  of  O.  W.  L. 
Westchester.  (NYSL) 

Whereas  Thomas  Hunt  of  yo?  Towne  hath  made  Com- 
plaint  unto  me  That  yo?  Infiitants  haue  staked  out  a  way 


232  Province  of  New  York 


O.  W.  L.  ypon  Throgmortons  Neck,  &  that  they  are  about  to  run 
(NYSL)  their  fence  up  which  if  done  will  proue  very  priudiciall  unto 
him  In  regard  it  will  debarre  him  from  a  watering  place  for 
Mar.  21  his  Cattle  in  the  Surner  tyme  wc.h  he  hath  made  use  of  for 
the  space  of  six  yeares  past  &  upwards,  &  the  said  Thomas 
Hunt  hauing  made  a  very  reasonable  proposall,  that  if  yo" 
will  run  yo?  fence  anoth?  way  where  it  may  not  be  lesse  for 
yor  Conueniency  he  shall  for  his  proporcon  be  ready  to  make 
up  40  or  50  Poll  of  Fence  or  so  much  as  it  shall  happen  to 
take  more  then  that  yo"-  haue  already  laid  out  These  are 
therefore  to  require  yo1?  to  appoint  two  or  more  indifferent 
men  to  view  the  place  by  him  the  said  Thorn :  Hunt  proposed 
And  if  it  shall  be  found  as  he  alleadges  That  then  yo"  comply 
w*h  him  according  as  is  desired  To  the  end  there  may  be 
no  furth?  Comp^  or  Contest  vpon  this  occasion  Giuen  und^ 
my  hand  this  2i*h  day  of  March  1667  at  Fort  James  in  New 
Yorke. 

R.  Nicolls 


O.  W.  L.  An  Order  for  Wm  Willett  to  carry  away  Hay 

(NYSL)  at  Cornells  Neck. 

Whereas  Wm  Willett  hauing  a  Pattent  from  the  late 
Governor  Co?  Richard  Nicolls  for  a  Confirmation  of  a  cer- 
taine  peice  of  land  wthin  the  lymitts  of  yor.  Towne  comonly 
called  Cornells  neck  whereon  as  I  am  informed  the  said 
W™  Willett  hauing  caused  some  grasse  to  be  mowed  for 
his  winter  provision  of  Hay  wthout  any  interupcon  some 
persons  of  yo?  Towne  haue  since  molested  them  &  forbid 
them  to  make  it  up  or  carry  it  away  These  are  to  require 
yoV  upon  sight  hereof  to  suffer  the  persons  imployed  by  the 
said  Wittm  Willett  to  mowe  make  up  &  carry  away  so  much 
Hay  as  he  shall  haue  occasion  of  wthin  the  bounds  of  his 


[vi]  Collateral  and  Illustrative  Documents  233 


Pattent  for  his  owne  provision  For  the  wc.h  if  it  shall  appeare  °-  w-  L. 
that  the  said  meadowe  ground  where  he  causeth  his  Hay  to    (NYSL) 
be  mowed  doth  belong  unto  yor.  Towne  Then  he  shall  be 
oblieged  to  giue  yo?  satisfaccon  for  the  same  according  as     Sept.  8 
shall  be  adiudged  reasonable  by  Two  indifferent  men  to  be 
chosen  betweene  yo"    Giuen  undV  my  hand  at  Fort  James 
in  New  Yorke  the  W  of  SeptembT  1668. 

[Francis  Lovelace.] 

Ct        "Wf        L! 

A  Confirmation  of  y6  Com1?  Report  concerning  Tho:  Hunt.     2:469* 

(NYSL) 


Whereas  there  was  a  Comission  issued  forth  into  \sic]  Mr     T 

July  i 
John  Richebell,  Mr  William  Laurence,  Mr  Thomas  Wandall 

and  Mr  Jacques  Coustilleau  and  Mr  Resolveert  Waldron  to 
view  the  Lands  and  Meadowes  in  dispute  as  to  Examine  into 
and  heare  the  matters  in  difference  (and  make  a  finall  determi- 
nacon  thereupon  with  reservation  of  Appeall)  betweene  the 
Inhabitants  of  West-Chester  and  other  persons  concerned 
amongst  the  which  Thomas  Hunt  Senior  of  the  place  afore- 
said was  one  of  y6  Commission*5  bearing  date  the  28th  day 
of  february  last  And  the  Commission1"3  having  in  pursuance 
of  their  Said  Commission  beene  upon  the  place  and  heard 
what  Could  bee  alleadged  on  either  part  and  also  given  unto 
mee  a  report  of  what  they  haue  done  and  determined  in  ye 
Premises  the  which  is  attested  under  all  their  hands  as  their 
Joint  act  wherein  amongst  other  matters,  In  y6  Case  of 
Thomas  Hunt  its  Said  as  followeth  Viz?  That  Thomas 
Hunt  Senior  according  to  y[e]  Tenor  of  his  Patent  Should 
not  bee  hindred  of  Pasture  or  Runes  for  his  Cattle  on  Throck- 
mortons  Neck  neither  of  Sufficient  water  for  ye  Same  But 
in  case  West  Chester  will  fence  in  yte]  Said  neck  that  then 
they  shall  Leave  or  |t]  Sufficient  pasture  and  a  watring  place 
as  ye  aforesaid  Hunt  shall  haue  occasion  for  his  Cattle. 


234  Province  of  New  York  [vn] 


O.  W.  L.  These    prests    doe    therefore   Certifye   and    declare   that   I 
2 : 469  J 

(NYSL)     approue  of  and  Confirme  what  ye  Said  Commission1"8  haue 

done  in  ye  Cause  of  Thomas  Hunt  who  is  to  haue  and  Enjoy 
July  i  whatsoever  in  their  Report  is  Sett  forth  without  any  manner 
of  Lett,  hindrance  or  molestacon  whatsoever.  Given  under 
my  hand  and  Scale  at  Fort  James  in  New  Yorke  this  Ist 
day  of  July  in  ye  21th  yeare  of  his  Majties  Raigne  Annocp 
domini  1669. 

[Francis  Lovelace.] 


No.  VII. 
YONKERS  — VAN  DER  DONCK'S  PURCHASE. 


SeptembT  21^ 
1666. 

The  Indians  Acknowledgment  to  haue  receiued 
(Sec.  state)  satisfaction  for  ye  Younckers  Land. 

1666  This  day  came  Hugh  Oneale  &  Mary  his  wife  (who  in 
right  of  her  former  husband  laid  clayme  to  a  certaine  parcell 
of  Land  upon  the  maine  not  farre  from  Westchester  Comonly 
called  ye  Younckers  Land)  who  brought  seuerall  Indians 
before  y?  Governor  to  acknowledg  the  purchase  of  ye  said 
Lands  by  Vander  Dunck  comonly  called  ye  Younker 

The  said  Indians  declared  ye  Bounds  of  y?  said  Land  to 
be  from  a  place  called  by  them  Macackesin  at  ye  North,  so 
to  run  to  Neperan,  &  to  ye  Kill  Soroquapp  then  to  Muskota, 
&  Pappereneman  to  y?  South  &  Crosse  ye  Countrey  to  y? 
Eastward  by  Bronckx  his  Ryver  &  Land. 

The  Indian  Proprietor  name  who  was  cheife  of  them  is 
Tackareek  living  at  ye  Nevisans  who  acknowledged  y?  pur- 


[vni]  Collateral  and  Illustrative  Documents  235 


chase  as  before  described,  &  that  he  had  receiued  satisfac-     Deeds 

r       .  3M2 

tion  for  it.  (Sec.  State) 

Claes  ye  Indian  hauing  interest  in  a  part  Acknowledged  to 

haue  sould  it  &  receiued  satisfaction  of  Van  der  Dunck          Sept.  21 
All  ye  rest  of  ye  Indians  prsent  being  .7.  or  8.  acknowledg 

to  haue  receiued  full  satisfaction. 


No.  VIII. 

• 

BUSHWICK  vs  NEWTOWN— BOUNDARY  DISPUTE. 


An  Indyan  Purchase,  Entred  for  the  Inhab-     Deeds 

2*1 3*> 

itants  of  New  Towne,  the  13^  day  of  July  (Sec.  State) 
1666.    Acknowledgd  before  the  Governor 
the  9th  of  July  1666. 

Aprill  the  12th,  1656. 

Know  all  men  by  these  pnts,  That  wee  Rowero  westco, 
and  Pomwaukon,  do  acknowledge  and  Confesse;  That  wee 
h?.ve  firmly  and  joyntly,  Sold,  Alienated  &  made  over,  all  Recorded 
Our  Lands  from  us,  Our  heires,  Execute",  Administrators 
or  Assignes,  to  the  Inhabitants  of  New  Towne,  alias  Middle- 
borrow,  to  them  and  their  Heires  for  ever,  as  their  owne  and 
free  proper  Land  or  Lands,  Immunityes,  appurtenances, 
priviledges,  and  all  whatsoever  did  unto  the  aforesaid 
Sachems,  or  Indyans  belong,  from  a  small  Creeke  called  by 
the  Indyans  Canapaukah,  where  Burgors  Mill  Stands,  from 
thence  going  upon  a  Straight  Line  North  East  ward,  to  a 
certaine  Creeke  called  Sackhickneyah,  where  Wessells  Mill 
Stood,  so  Bounded  by  the  Bay  side,  whilst  it  comes  to  the 


236  Province  of  New  York 


Deeds     Mouth  of  fflushing  Creeke,  so  commonly  call'd,  so  coming 

(Sec.  State)  toward  the  South  East,  Bounded  by  the  Creeke  side  till  it 

1656      extends  it  selfe  to  the  South  side  of  the  Hills  upon  the  Line 

Apr.  12    from  thence  rufiing  upon  the  Line  westward  by  the  South 

-  '—     side  of  the  Hills,  till  it  meet  with  the  South  Line,  wch  is 

*  extended  from  the  west  Branch  of  Marshpath  kills,  called 


July  i3  quandus  quaricus,  by  a  Dutchmans  Land,  called  Hance  the 
Boore,  from  thence  to  the  Mouth  of  Marshpath  kills,  by  the 
Indyans  so  Called;  These  aforesaid  Bounds  or  Tract  of  Land, 
wth  all  the  appurtences  there  unto  belonging,  which  the 
aforesd  Indyans  have  sold  in  the  yeare  1656,  unto  the  afore- 
said Inhabitants,  onely  wee  reserved  the  Priviledge  of  a 
certaine  part  of  upland  lying  on  the  Southside  of  the  afore- 
said New  Towne,  for  our  use  for  Hunting,  and  sold  them 
onely  the  Grasse  for  mowing,  feeding  and  Timber,  and  had 
really  and  fully  sold  them  and  theirs  for  ever,  the  feeding, 
mowing  and  Timber  of  the  aforesaid  Land,  and  were  firmly 
bound  and  Engaged,  in  our  Bill  of  Sale,  never  to  Sell  or 
dispose  of  the  said  Priviledges  which  wee  had  then  reserved, 
to  any  other  but  to  the  Inhabitants  of  New  Towne,  There- 
fore wee  the  said  Indyans,  according  to  our  word  and  obligacon, 
do  hereby  these  prsents  manifest  our  selves  to  have  reed  full 
Satisfaccon  of  the  aforesaid  Inhabit*8  for  the  Priviledges  wee 
then  reserved,  in  ye  aforesaid  Tract  of  Land,  and  do  really 
&  absolutely,  give  them  and  their  Heires  for  ever,  as  full 
Right  and  Title  to  all  the  Priviledges  of  the  said  Tract  of 
Land,  as  wee  can  or  may  for  any  of  Our  Lands,  that  wee 
have,  or  shall  Sell,  denying  ourselves  of  any  Interest  therein, 
or  any  Claimes  of  any  other  whatsoever,  of  all  ye  Lands, 
appurtenances  or  Priviledges,  within  the  said  Bounds,  wee 
say  wee  have  really  sold  as  aforesaid,  unto  the  Inhabitants 
of  New  Towne,  as  their  owne  proper  free  Land,  wee  say, 
from  us,  our  heires,  to  them  and  their  heires  for  ever,  where 


Opposite  p.  237. 


, 


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P 

S    13 
£>     ^o 

§     | 

Q    £ 


I 


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O  ^ 

O  "2 

hJ  ^ 

fe  o 

O  |, 

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tt     « 


fe  I 

w   ^ 

PQ 

O 


Collateral  and  Illustrative  Documents  237 


unto  wee  have  sett  our  hands,  this  9th  day  of  July  1666. 

and  in  the  i8th  yeare  of  his  Ma*es  Raigne  (Sec*.  State) 

Pumwakons    X    Marke. 

1656 

Signed  &  Sealed  in  ye  pnts  of  us.  Apr.  12 

John  Pounds     X     Marke.  e  ° 

Armorcharne  X  his  Marke. 
Chawescome  X  his  Marke. 
John  Napper  X  his  Marke 

Rec?  of  ye  Inhabitants  of  New  Towne,  full  Satisfaction 
for  all  the  aforesaid  Land  wch  herein  is  specified,  wee  say 
received  by  us  the  Qth  of  July  1666.  the  Sume  of  ffifty  five 
pounds,  for  y6  first  Payment,  the  2d  &  last  paym*  now  paid, 

21?  09?  oo? 

Pumwakon     X     his  Marke 


At  the  Generall  Meeting  of  the  Deputyes  of 

Long  Island  held  before  the  Governor  at  (Sec.  State) 
Hempsteed  March  4^h  1664. 

Bushwick 

New  Towne  als 

Middleborrough 

It  is  this  day  Ordered,  That  the  Meadow  Ground  in 
Question  between  Bushwick  and  New  Towne,  shall  remaine 
to  the  Inhabitants  of  the  Towne  of  Bushwick,  as  properly, 
and  of  right  belonging  to  them,  (That  is  to  say)  the  Meadow 
lying  on  the  west  side,  of  the  most  auncient  Dutch  House, 
Scituate  on  the  East  side  of  the  head  of  Mashpeake-kills, 
and  the  Inhabitants  of  New  Towne,  are  no  way  to  molest 
the  said  Towne  of  Bushwick  in  their  peaceable  Enjoyment 
thereof,  Touching  the  Up  Lands,  the  Bounds  specified  in 
Middleborrough  Deed,  will  sufficiently  regulate  the  same. 

Richd  Nicolls. 


Province  of  New  York  [vm] 


°-  W.  L.  A  Lre  to  ye  Constable  &  Overseers 

2:377 

(NYSL)  of  New  Towne. 

1669  There  being  a  difference  depending  betweene  yo?  Towne 
&  yo?  neighbours  of  Boswijck  about  ye  bounds  &  lymitts  of 
yor  Land  ye  wc.h  was  by  y6  late  Court  of  Sessions  at  Grauesend 
recomended  to  yo"  to  agree  amongst  yo^selues  otherwise  ye 
Governor  was  desired  to  appoint  some  fitt  persons  to  view  ye 
Land  &  give  their  Judgm*  therein  unto  him  I  am  Ordered 
to  put  yo"  in  mynde  of  that  OrdT.  of  ye  Court.  Yo"  are 
therefore  to  rendr  an  Account  wheth?  yo"  are  like  to  Agree 
or  no  that  in  case  yo"  do  not  ye  Governor  may  appoint  some 
persons  to  view  y6  Land  &  determyn  ye  matter  in  difference 
betweene  yo"  I  am 

YoT  very  Loving  freind 

Apr  9t.h  1669.  M  Nicolls. 

The  like  was  sent  in  Dutch  to  Boswijck. 


O.  W.  L.  A    warr*    to    the    Constable    & 

(NYSL)  Overseers  of  New  Towne. 

1669  Whereas  there  hath  beene  a  difference  depending  betweene 
the  Inhabitants  of  the  Townes  of  New  Towne  and  Boswyck 
about  the  Limitts  of  their  Lands  and  the  meadow  or  valley 
belonging  to  them  which  was  recomended  both  by  my  order 
and  the  Court  of  Sessions  held  in  March  last,  to  bee  in  a 
freindly  manner  issued  amongst  them  selues  but  nothing  hath 
beene  done  therein.  These  are  to  require  you  to  appoynt 
two  persons  from  yor  Towne  to  appeare  before  mee  and  to 
bring  wth  them,  what  writtings  proofes  and  Euidences  you 
haue  for  yor  Claime  and  pretences  that  there  may  at  length 
an  End  [be]  put  to  the  said  difference  according  to  Law  and 


[viu]  Collateral  and  Illustrative  Documents  239 

good  Conscience.     Given  under  my  hand  at  Fort  James  in   °-  W.  L. 
New  Yorke  this  2  Ith  day  of  June  1669.  (NYSL) 

[Francis  Lovelace.] 
To  the  Constable  and 

Overseers  of  New 

Towne. 

The  like  order  was  sent  to  the  Constable  and  Overseers 
of  Boshwyck. 


8 


[Memorandum]  c; A* 

(NYSL) 
The  Inhabitants  of  ye  Towne  of  Buswick  p!t.s  l659 

The  Inhitants  of  Middleborough  als  New  Towne  Defts.    Oct-  22 
A  soeciall  warrant.  October  22^  1669. 


An  Ord^  for  Decision  of  ye  Difference  about 

the  Bounds  of  Newtowne  &  Boswijck.        (NYSL) 


Whereas  severall  Applications  have  been  made  unto  mee 

Tune  20 

both  by  ye  Inhabitants  of  ye  Towne  of  Newtowne  &  Bos- 
wijck, that  ye  Lymitts  &  Bounds  in  Difference  between 
them  might  bee  ascertayned,  The  which  was  recommended 
to  ye  Court  of  Sessions  at  Gravesend  to  appoint  some  in- 
different Persons  to  view  the  same  and  endeavour  a  Com- 
posure; There  haveing  been  likewise  some  Orders  of  Coun- 
cell  upon  ye  same  Acco*,  but  as  yett  nothing  hath  hitherto 
been  done  therein;  To  y*  end  an  Issue  may  bee  had  of  this 
Controversy,  The  Persons  whose  Names  are  hereunder 
written  being  ye  same  who  were  nominated  by  ye  Court  of 
Sessions  are  to  meet  upon  ye  Place  ye  27th  or  28th  day  of 
this  instant  Month  to  view  ye  Bounds,  &  endeavour  a  Com- 
posure between  ye  two  Townes  aforesaid,  for  ye  furtherance 
whereof,  Thomas  Delavall  EsqT  &  Mr  Matthias  Nicolls  two 
of  ye  Councell  are  likewise  desired  to  bee  prsent  to  give  their 


240  Province  of  New  York  [?£] 


G-  E.      best  Advice  to  ye  putting  of  a  Period  to  this  Controversy;  & 

(NYSL)     if  either  of  ye  foure  Persons  nominated  as  aforesaid  shall  bee 

absent  at  this  time  appointed,  ye  said  Thomas  Delavall,  & 

June  26    Matthias  Nicolls  may  if  they  see  Cause  putt  some  other 

Person  to  Act  in  his  or  their  Places,  of  all  which  they  are  to 

render  mee  an  Acco*  at  their  Returne.     Given  under  my 

Hand  at  Forte  James  in  N:  Yorke  this  26th  day  of  June  1672. 

[Francis  Lovelace.] 


No.  IX. 

NANGENUTCH  alias  WILL,  AN  INDIAN,  FOR  RAPE 
AT  EAST  HAMPTON,  L.  I. 


O.  W.  L.  [Order  prohibiting   Will  the  Indian  from  coming 

(NYSL)  into  or  near  the  Town  of  East  Hampton.] 

Whereas  Will:  the  Indyan  was  accused  and  convicted  of  a 
Rape  coinitted  upon  ye  Body  of  an  English  woman  for  w°h 
hee  in  part  reed  Punishmfent]  and  these  1  woman  abused  by 
him  being  married  wife  and  living  in  ye  Towne  of  East 
Hampton  into  ye  wch  Towne  if  ye  said  Indyan  should  bee 
permitted  to  come  it  may  breed  ill  bloud  and  cause  some 
disturbance  these  are  therefore  to  require  and  cofriand  that 
ye  said  Will:  ye  Indyan  doe  not  presume  to  come  into  or 
very  neare  the  said  Towne  of  East  Hampton  for  ye  reasons 
aforesaid  upon  any  pretence  whatsoever  as  hee  will  answer 
his  contempt  in  doeing  of  y6  Contrary.  Given  under  my 
hand  at  Fort  James  in  New  Yorke  this  ;th  day  of  July  1669. 

[Francis  Lovelace.] 

>  An  error  for  "  the." 


Collateral  and  Illustrative  Documents  241 


No.  X. 

ESOPUS  PAPERS  —  KINGSTON,  HURLEY  AND 
MARBLETOWN. 


[Memorandum  about  Land  Grants  to  Soldiers.]  f?-^ 

(HYSL) 
Aprill  y?  6^  1667  [sic  for  1668]. 

Edward  Whittaker  prferred  a  Petition  to  y*  Governo?  on 
y?  behalfe  of  y?  rest  of  y?  Souldiers  at  y!  Sopez,  whereupon 
it  was  promised  them  by  y6  Governor  That  y?  first  great 
peice  of  Land  &  y*  Second  adjoyning  to  it  lyeing  to  y?  west 
&  beyond  y?  wash  makers  Land  hauing  a  Ryver  or  Creek 
bounding  it  to  y6  South  should  be  giuen  to  them :  There  are 
to  be  30.  Lotts  upon  it,  each  Lott  to  haue  30  Acres  of  y? 
Low  Land,  &  Two  Acres  &  a  halfe  of  y?  upland  for  their 
home  lotts  y?  wood  land  to  be  in  Comon. 


A  Grant  to  the  Souldiers  o'^^ 
at  Esopus.  (NYSL) 

Aprill:  the  6*.h  1668. 

The  Governor  hath  this  day  beene  pleased  to  make  a 
Graunt  vnto  the  Souldiers  now  being  at  the  Sopez  &  to  such 
oth?  as  shall  be  allowed  to  settle  there  That  they  shall  haue 
the  First  Great  peice  of  land  &  alsoe  the  Second  peice  w*.11 
adioynes  unto  it  They  both  lying  &  being  westward  beyond 
the  Washmakers  land  being  bounded  on  the  South  by  a 
certaine  Ryver  or  Creeke  The  number  of  Lotts  that  are 
to  be  laid  out  there  shall  be  Thirty  &  each  lott  shall  haue 
Thirty  Acres  of  the  Lowe  land  &  Two  Acres  &  a  halfe  of 
[16] 


242 


Province  of  New  York 


O.  W.  L.   the  Vpland  to  belong  to  their  Home  Lotts  for  planting  land 

(NYSL) 


1668 
April  6 


The  rest  of  the  Wood  land  is  to  lye  in  Coinon. 

By  Order  of  ye  Governor 

M.  Nicolls  Secretary 


(NYSL) 


1668 


^n  or(^  ab°ut  paym*  for  the  House  rent 
where  the  Cheife  military  officer  at 
Esopus  Quarters. 

Whereas  The  Cheife  Military  Officer  at  ye  Sopez  Hath 
euer  since  the  Moneth  of  Novemb?  1665  had  his  Quarters 
in  a  house  for  wc.h  no  rent  hath  hitherto  beene  paid  nor  any 
agreemt  made  w^  the  owner  for  the  same.  And  whereas 
the  maintaining  &  continuance  of  Souldiers  there  tends  to 
the  Safeguard  &  proteccon  of  the  place  I  doe  therefore 
hereby  ord?  That  the  prsent  Scout  &  Comissaryes  doe 
forth  w*.h  take  it  into  their  Considracons  &  adiudg  what  rent 
is  fitt  to  be  paid  for  the  tyme  past,  wc.h  is  to  be  levyed  vpon 
the  Towne  &  paym*  made  thereof  to  whome  its  due  And  for 
the  future  the  Scout  &  Comissaryes  for  the  tyme  being 
are  to  take  Care  that  a  Conuenient  Quart?  be  provided  for 
the  said  officer  at  the  Townes  Charge  or  cause  satisfaccon 
to  be  giuen  from  tyme  to  tyme  for  the  same  where  he  shall 
otherwise  provide  for  himselfe  Given  und?  my  hand  at 
Fort  James  in  New  Yorke  This  Seauenth  of  August  1668. 

R.  Nicolls. 
To  the  Schout  &  Comissarys 

at  Esopus. 

An  Order  for  the  bringing  in  of  the 
Claymes  to  the  land  at  Esopus. 

1668          All  mann?  of  persons  who  haue  any  Clayme  or  prtence  to 
any  lotts  or  lands  at  the  New  Durpe  at  Esopus  or  to  any 


°-  W.  L. 

(NYSL) 


[Nx  ]  Collateral  and  Illustrative  Documents  243 


othr  land  there  adiacent  And  all  oth?  persons  who  came  ouer  °-  w-  L- 

2 : 241 

into  these  partes  wth  the  late  Governor  Coll  Richard  Nicolls    (NYSL) 

or  to  whome  he  hath  promised  land  and  haue  now  a  mynde 

to  settle  themselues  the  first  are  to  bring  in  their  Claimes  or     Sept.  5 

prtences  &  the  lattf  their  names  to  the  Secretaryes  office  in 

the  Forte  by  the  Tenth  day  of  this  instant  Month  The 

Gouernor  intending  to  goe  vp  to  Esopus  the  lattf  end  of  the 

next  weeke  to  settle  mattr.s  concerning  the  said  new  Durpe 

&  partes  adiacent  aforesaid  &  to  cause  lands  to  be  laid  out 

thereby  to  such  oth1?  as  Jiaue  had  promisses  for  the  same  & 

resolue  to  Hue  &  settle  thereupon      Dated  at  New  Yorke 

the  5*  day  of  Septemb.r  1668. 

By  ordr  of  the  Governor 
Math:  Nicolls. 


[Matthias  Nicolls  to  Philip  Pietersen  Schuyler.]  O.  W.  L. 

(NYSL) 

A  Lre  To  Mr  Phillip  Pieters 
MT.  Phillip  Pieters. 

I  am  Comaunded  by  the  Governor  to  acquaint  yo"  That 
he  intends  (God  willing)  to  be  at  Esopus  vpon  Wednesday 
next  come  Senight  wc.h  will  be  the  Three  &  Twentith  day  of 
this  Month  where  he  expects  yo"  should  meet  him  &  bring 
w1.11  yo"  the  Clayme  or  pretence  of  Goosen  Gerritts  Volchert 
Jans  or  any  othT  of  Albany  to  the  lands  in  the  New  Durpe 
at  Esopus  He  intends  then  to  issue  all  differences  &  Contests 
about  those  lands  &  to  lay  out  anoth?  Towne  To  w°.h  end  he 
will  take  [blank]  as  surueyoV  wth  him  I  shall  waite  upon  the 
Governor  thithr  I  will  bring  w^  me  yor.  Lres  of  Denizacon 
yoV  Spoke  to  me  for.  This  is  all  at  prsent  from 

Sr 

YoT  humble  servant 
[New  York,  Sept.,  1668.]  Math:  Nicolls. 


244  Province  of  New  York 


o.  W.  L.  [Memorandum  about  Sale  of  Land  by  Indians.] 

(NYSL) 

Septembf  23?  1668.  At  Esopus. 

Sept?23  Memorandu  That  this  day  three  of  the  Esopus  Sachems 
who  had  sould  the  great  Tract  of  land  there  to  Gov"?0?  Nicolls 
accompanyed  w*.h  diuers  oth?  Indians  came  to  the  Governor 
&  brought  the  Counterparte  of  the  deed  of  Purchase  desiring 
to  Continue  Freindship  wc.h  was  then  Ratifyed. 


°-  w- L*  A  Lycence  Graunted  to  Matthew  Blanchan 

2  t  249  J 

(NYSL)  for  12  month  to  sell  Liquors  &c. 

1668  Whereas  It  is  Thought  conuenient  that  some  pson  in  this 
Towne  should  haue  liberty  to  sell  Beere  by  retayle  to  supply 
such  of  the  Inhitants  as  may  want  small  quantityes  vpon 
occasion  as  also  for  refreshment  &  accomodacon  of  Strangers, 
&  there  being  at  prsent  no  one  who  doth  undertake  the  same 
These  prsents  certify  that  I  haue  giuen  liberty  &  lycence  to 
Matthew  Blanchan  to  sell  any  sorte  of  Beere  by  Retayle  in 
this  Towne  for  the  space  of  Twelue  moneths  aftf  the  date 
hereof  prouiding  at  least  one  sufficient  lodging  for  strangers 
&  keeping  good  ord1?  in  his  house  as  by  the  lawes  is  required 
Giuen  und?  my  hand  at  Esopus  this  24*!*  day  of  Septemb?  1668. 

[Francis  Lovelace.] 


°-  w-  L«  Order  for  keeping;  ye  Watch  at  ye  Guard  at 

2:250  &/  * 

(NYSL)  Esopus. 

To  Mr  Berisford  Comand?  of  the 
Souldiers  at  Esopus. 

^OF  *c  **urtkT  Incouragem*  of  y6  setling  the  furthest 
plantacon  w611  is  to  consist  of  most  Souldiers  I  doe  ordr  that 
the  Military  Guard  hitherto  maintained  by  the  Souldiers  be 
discharged  of  that  duty  &  that  the  Townesmen  of  the  Sopes 


Collateral  and  Illustrative  Documents 


245 


are  to  keep  their  watch  wch  formerly  was  maintained  by  °-  W.  L. 
them  onely  y6  Redoubt  is  to  be  maintained  &  kept  by  the    (NYSL) 

Souldiers  und*  M?  Berisfords  Comand  who  is  required  to  see 

,.  P  .  .  1668 

it  executed  according  to  the  true  meaning  of  this  my  ord?         Sept.  25 

Fran:  Louelace 
Esoous  25l.h  Sept?  1668. 


The  names  of  those  that  Co1?  Nicolls  pmised 
lands  to  at  Esopus  being  now  there. 


Christofer    Berisford 
Thomas  Quennill 
Rich:  Cage 
Geo:  Hall 
Rofct  Peacock 
Frederick  Hussey 
Henry  Paulyn1 
Edward  Whittaker 
Thomas  Mathews 
Anthony  Cooke 
Samuell  Oliver 
Georg  Porter 
Edward  Price2 
W^  Houghton 
Thomas  Elger 


Serg*  ^ 


John  Biggs 
Robert  Bickerstaff 
W^  Fisher 
John  Henry8 
John  Pounds 
Antho:  Addison 
Thomas  Skillman 
^Edw:  French. 

Those   that   are   Crost   finde 
themselues  prouisions.4 


2:250 

(NYSL) 

Ti668  1 
[Sept.] 


Coppy  of  the  Oath  to  be  taken  by  the  °-  W.  L. 
Surveyor  (NYSL) 

doe  sweare  by  the  Ever  living  God  That  wthout  feare    |~  1668  ~] 
fauo?  or  any  othT  Sinistf  respect  whatsoeuer  yo?  shall  to  the 

1  Henry  Pawling. 

*  Also  called  Avert  and  Evert  Price  in  other  lists. 
1  The  same  as  John  Hendrick  in  other  lists. 

4  They  are  not  indicated  by  a  cross  in  the  record  copy  from  which  the  above 
transcript  is  made. 


246  Province  of  New  York 


O.  W.  L.   best  Of  y0r  Skin  &  knowledg  well  &  truely  measure  &  lay 
(NYSL)    out  such  lands  at  or  neare  the  Esopus  as  shall  be  appointed 
yo?  by  the  Governor  &  giue  an  exact  account  unto  him  of 
[.Sept.  J    the  Superficiall  Contents  thereof  So  help  yo"  God. 


°-  w-  L-  An  Order  for  Cutting  Palhsadoes 

2:252 
(NYSL)  at  Esopus. 

Sept6826  These  are  to  giue  notice  to  all  persons  concerned  in  eith? 
of  the  New  Dorpes  or  Villages  lately  laid  out  by  my  ord? 
That  euery  such  person  do  repaire  or  send  some  one  in  his 
stead  to  their  respectiue  Dorpes  or  Villages  duering  this 
ensueing  winter  to  cut  &  provide  their  proportions  of  Pallisa- 
does  against  the  next  spring  when  each  persons  diuidend  of 
land  belonging  to  his  lott  shall  be  sett  forth  for  their  setting 
thereupon  Hereof  they  are  not  to  faile  Giuen  und*  my  hand 
at  Esopus  this  26^  day  of  Septemb?  Anno  Dm  1668. 

Fran:  Louelace. 


O.  W.  L.  An  ord?  for  the  provision  of  Planks  boards  &c 

(N^SL)  for  ye  settling  the  furthest  New  Dorp. 


1668  Whereas  a  Resolution  is  taken  to  settle  the  furthest 

New  Dorpe  or  Village  w^  all  Conuenient  speed,  &  in  the 
first  place  it  being  requisite  &  necessary  to  make  some  place 
of  defence  for  the  w0!1  there  will  be  occasion  of  Plankes  & 
oth?  materialls  These  are  to  authorize  &  empower  you 
Henry  Pauling  on  the  behalfe  of  yo?  selfe  &  the  rest  that  are 
to  settle  there  to  take  such  Plankes  boards  &  otfr  materialls 
as  yo?  shall  finde  fitting  for  that  purpose  at  the  next  Dorpe 
from  any  Two  of  the  watch  houses  or  fower  Flankers  there 
belonging  to  the  Publique  &  being  nearest  at  hand  &  to  see 
them  imployed  for  the  vse  aforesaid  In  the  perfourmance 


Collateral  and  Illustrative  Documents 


247 


whereof  the  Schout  &  Comissaryes  are  desired  to  be  aiding  °-  w-  L- 
&  assisting  to  yo"  in  prouiding  of  such  Carts  &  Horses  as    (NYSL) 
may  be  requisite  for  their  transporting  to  the  said  New  Dorp 
And  for  soe  doeing  this  shall  be  to  yoV  a  sufficient  warrant    Sept.  26 
Given  undr  my  hand  at  Esopus  this  26^  day  of  Septb-r  1668. 

Fran:  Louelace. 


The  Names  of  those  persons  that  are  willing  °-  w.  L. 
to  take  their  diuidends   of  Lotts   at  the    (NYSL) 
furthest  New  Dorpe. 


1668 


Wee  who  haue  hereunto  subscribed  o^  names  are  willing 
to  take  or.  Diuidends  of  Lotts  at  the  Furthest  New  Dorpe 
or  Village  when  the  Governor  shall  please  to  giue  ord?  for 
the  laying  them  out  unto  us  Dated  at  Esopus  the  26^  day 
of  SeptembV  1668. 


Tho:  Quynell 
Robert  Bickerstaffe 
Jn°  Biggs 
Frederick  Hussey 
Henry  Fading1 
Anthony  Cooke 
Samuell  Oliver 
Edward  Whittaker 
Thorn:  Mathews 
Thorn:  Skillman 
Cornelion  Arson 
Davey  Crawford 


Christofer  Berisford 
George  Hall 
The  marke  of 
Robert  Q  Peacock 
The  marke  of 
W™  t?"  Houghton 
Avert  7T?  Price2 
Thomas  Elger 
George  V  Porter 
Anthony  Addison 
Jn?  Punye(?)3 
W-  Fisher 
Jn°  Hendrick 
Rich:  Cage. 


1  Henry  Pawling. 

«  Also  called  Evert  and  Edward  Price  in  other  lists. 

» John  Pound  or  Pounds  in  other  lists. 


248  Province  of  New  York 


°-  W.  L.  An  Answer  To  the  Desires  of  the  Inhabitants  of 

(NYSL)  the  Esopus  tendred   to  me  24^  of  SeptembT 

1668. 

1668  i  To  the  First  concerning  the  Boundaryes  of  the  Dorp  of 
Esopus  my  answ?  &  opinion  is,  that  I  conceiue  the  extremity 
of  their  land  as  to  a  N.  West  lyne  to  be  the  utmost  bounds  on 
that  lyne  And  then  a  lyne  drawne  S.  or  S.  &  by  East  from 
the  Sopus  Kill  in  a  Straight  lyne  to  the  Redoubt  Kill  to  be 
the  true  boundearie  of  that  Dorp  on  that  side,  &  there  to 
beginne  the  lymitts  of  the  next  Towne. 

2  To  the  Second  concerning  the  Swamp  lying  undv  the 
Towne  my  ord^  is  that  it  remaine  to  the  use  of  the  Towne 
of  Sopus  onely  what  my  prdecesso?  Cott  Nicolls  has  already 
alotted   to   M?  Pauling  wthall  with   this   Provisoe  that  the 
Towne  in  the  next  spring  cause  a  sufficient  Draine  to  be 
made  whereby  the  Valley  may  be  made  dry  &  Consequently 
healthy  otherwise  I  shall  dispose  thereof  to  such  as  I  am 
Confident  will  doe  it. 

3  For  the  Preachers  Bowry  wch  is  at  the  New  Dorp  it 
being  not  wthin  their  lymitts  I  conceiue  it  concernes  them  not 
since  I  am  resolued  to  make  that  a  destinct  *•  Towne,  & 
to  those  that  shall  settle  there  it  properly  belongs  to  clayme 
the  right  if  any  be  though  since  it  be  forfeited  to  his  Royal! 
Highns!?e  by  an  Escheate  I  see  no  reason  why  he  should  be 
depriued  of  his  right. 

4.  For  the  Quartering  of  the  Souldiers  &  prouiding  them 
their  prouisions  I  am  willing  (since  it  proues  a  burthen  to 
them)  to  ease  them  in  that  perticuler  &  shall  take  care  to 
send  them  prouisions  at  my  arivall  at  N.  Yorke  till  when  I 
thinke  it  reasonable  that  they  prouide  for  them  as  formerly 

5  Concerning  the  Constraining  of  Souldiers  to  pay  their 

1  In  the  manuscript  this  word  is  inadvertently  written  "  destinet." 


Collateral  and  Illustrative  Documents  249 


iust  debts  I  thinke  it  reasonable  that  they  should  do  it  °-  w-  L« 

2:255 

Prouided    that   the   Officer   that   Comands   them   be   first    (NYSL) 

acquainted  wth  it  before  they  be  suirioned  to  the  Bancke, 

who  will  take  care  that  in  reasonable  tyme  satisfaccon  shall   Sept.  26 

be  giuen  to  the  Creditor  or  else  to  be  left  open  to  ye  Law 

equall  wth  the  rest  of  the  Inhitants,  but  wthall  I  desire  that 

the  Inhts  will  be  carefull  not  to  trust  the  Souldiers  wthout 

a  probable  power  of  their  Repayment. 

6  As  to  their  last  desire  Concerning  the  House  where  M? 
Berisford  liues  I  refer  them  to  y6  ord'  made  by  my  prde- 
cesso?  the  late  Governo?  bearing  date  the  7*.h  day  of  August 
1668. 

[Francis  Lovelace.] 
Esopus  Sept.  26t.h 

1668. 

Instruccons  To  the  Schout  &  the  rest  O.  W.  L. 
of  the  Comissaryes  at  Esopus.  (NYSL) 

Yo"  are  w^  conuenient  speed  to  remoue  y6  Palisadoes  &    j"  1668  "I 
place  them  at  the  extremely  of  yor-  Towne  where  the  new 
addition  is  made  &  to  open  the  Coming  in  of  the  Towne  in 
the  middle  of  it  as  is  designed. 

The  place  for  buriall  must  be  Impald  as  likewise  the  place 
for  a  Towne  house. 

The  Morasse  that  lyes  und?  the  Towne  yo"  are  to  take  care 
that  it  be  dray'nd  whereby  the  place  will  not  onely  be 
improued  to  be  bettf  but  it  will  Contribute  much  to  the  health 
of  the  place. 

That  according  to  the  Agreem*  made  before  me  yo"  goe 
on  w*.11  the  fence  betweene  yo"  &  yo?  neighbours  on  the  oth? 
syde  That  there  may  be  no  further  occasion  of  difference 
upon  that  Account. 


250  Province  of  New  York  [Nx'] 


O.  W.  L.       Yo"  are  to  be  uery  Circumspect  in  obseruing  the  motions 
(NYSL)    &  Intencons  of  the  Indians  especially  those  of  the  Wapingoes 
who  are  now  gone  to  ioyne  w*.*1  the  Mohawkes  against  the 
L  Sept.  J  Mahicanders. 

Yo?  are  upon  all  conuenient  opertunityes  to  giue  me  an 
account  of  the  welfare  &  affaires  of  this  place  &  if  any  thing 
happens  extraordinary  to  send  an  express. 

Yo?  are  to  take  care  for  the  quartering  ye  Souldiers  till 
such  tyme  I  can  send  them  provisions  wch  will  be  w1^  the 
first  oppertunity  &  likewise  to  Hue  freindly  &  peaceably 
w*!1  them  &  to  assist  them  in  what  conueniently  yo?  can 
towards  their  planting  the  New  Towne. 

Fran:  Louelace 


2^'5g*  The     Souldiers    Peticon    at    Esopus    on    y6 

(NYSL)  behalfe    of    their     fellow     Souldier     Edw: 

French.  To  the  Right  Honb!e  Francis 
Louelace  Esqr  Governor  Gen?tt  und?  his 
Royall  Highnesse  of  all  his  Territoryes  in 
America. 

The  humble  Peticon  of  all  the  Sould1? 
und?  yor.  Honor.s  Comand  at  Esopus. 
Sheweth 

That  they  are  uery  sensible  of  yo?  Honor.s  iust  displeasure 
against  their  fellow  Souldier  Edw:  French  for  his  late  great 
miscarriage  agrauated  by  so  many  Circumstances 

Yet  since  it  hath  pleased  God  that  the  mischeife  of  loosing 
a  mans  life  upon  that  occasion  is  in  all  probability  out  of 
danger  &  we  being  well  satisfied  that  or.  fellow  souldier  had 
no  malice  in  his  heart  but  was  more  then  ordinary  surprised 
w*.h  a  distracted  passion  w0?1  moued  him  to  forgett  himself 
&  his  duty. 


fx]  Collateral  and  Illustrative  Documents  251 

We    doe    all    unanimously    most    humbly  °-  W.  L. 
pray  that  yo^  Honor   out  of  yor.   abund*    (NYSL) 
goodnes  &  Clemency  will  be  pleased   at 

i    •  r     17-  l668 

this  or.  first  &  earnest  request  to  passe  Sept.  27 
by  &  to  pardon  o?  Fellow  Souldiers  great 
error  &  ofence,  &  we  shall  all  promise  & 
engage  o^selues  for  his  future  good 
behauio?  as  becomes  an  honest  man  &  a 
Souldier. 

•  And  we  in  duty  shall  euer 

pray  &c 

Vpon  this  peticon  y6  Engagem*  of  the  Sould1?  y6  Gou"10' 
was  pleased  to  release  Edw:  French  &  admitt  him  againe 
to  be  a  Souldier  the  morning  he  came  away  Sept  27^  1668. 


M?  Henry  Pauling  appointed  to  lay  out  the  °-  W.  L. 
Lotts  at  the  furthest  Durp  at  Esopus.    (NYSL) 

Whereas  I  am  informed  that  some  of  y6  Persons  who  haue  1668 
leaue  to  settle  at  the  furthest  New  Durp  at  Esopus,  haue  a 
desire  to  goe  there  this  winter,  These  are  to  authorize  & 
appoint  yoV  Henry  Pauling  w*.h  the  first  Conueniency,  to  lay 
out  to  such  person[s]  their  respectiue  house  Lotts,  in  the  place 
aforesaid;  for  the  doing  whereof  this  shall  be  yo?  warrant. 
Giuen  und?  my  hand  at  Fort  James  in  New  Yorke  this  ^ 
day  of  Nouemb?  1668  [Francis  Lovelace.] 

To  M?  Henry  Pauling. 


An  Order  for  six  of  the  souldiers  at  Esopus  to  goe  O.  W.  L. 

to  worke  weekly  at  the  furthest  New  Durpe.  (NYSL) 

Whereas  It  is  intended  that  the  furthest  New  Dorp  shall       1668 
be  setled  w^  all  Conuenient  speed;  These  are  to  require 


252  Province  of  New  York 


O.  W.  L.  y0?  ypon  the  Receipt  hereof  to  appoint  six  of  the  Souldiers 

(NYSL)    und?  yo?  Comand  to  goe  each  weeke  to  worke  there,  or  to 

send  &  to  take  prouisions  along  wth  them,  who  are  to  be 

Nov.  9    releiued  the  following  weeke  by  six  others  Souldiers,  &  so 

to  take  turnes  successiuely  weeke  aft?  weeke,  untill  further 

order.     Giuen  under  my  hand  at  Fort  James  in  New  York 

this  9^  day  of  Nouemb?  1668. 

[Francis  Lovelace.] 
To  M?  Christofer  Berisford 
at  Esopus. 


-  Gouerno?  Lre  to  the  Officers  and 

(NYSL)  Souldiers  at  Esopus. 

Gentlemen 

1668  Hauing  now  paid  yo"  of  these  6.  months  last  past  so  y* 
yo"  cannot  prtend  any  obstructions  to  the  setling  the  new 
Plantacon  I  haue  laid  out  for  yo*  in  w6?1  I  desire  yor.  vigor- 
ous endeauoT  that  soe  by  that  tyme  I  shall  come  up  to  yo" 
wch  ^wth  Gods  permission)  will  be  as  soone  as  that  weather 
will  ^3}  mitt)  I  may  see  some  fruites  of  yor.  Labour  yo"  may  be 
sure  of  all  the  Countenance  &  assistance  I  can  afford  yoH 
&  I  shall  expect  nothing  from  yo"  but  a  Civill  Comportment, 
I  doubt  not  but  by  your  vertuous  endeauours  &  Gods  blessing 
on  yo?  labour  to  giue  a  comfortable  account  of  yo?  to  his 
Royall  Highnesse  who  (I  know)  will  be  uery  well  satisfied 
w*!1  your  undertakings,  &  the  benefitt  &  content  will  needs 
redound  to  yoT  future  felicity,  w0!1  as  no  man  wishes  more 
then  my  selfe  so  none  shall  promote  it  more  then 

Yo?  affectionate  freind 

F.  Louelace. 

Forte  James  in  New  York 
the  17^  of  Novembr  1668. 

For  the  Officers  &  Souldiers 
at  Esopus. 


fit']  Collateral  and  Illustrative  Documents  253 


An    Ord?    for    the    suspending   the  °- w- L- 

2:319 

Sentence  ag*   Matthieu    Blanchan    (NYSL) 
of  Esopus. 

Whereas  Complaint  hath  heretofore  beene  made  unto  me  1668 
by  Matthieu  Blanchan  an  Inhabitant  of  yo.r  Towne  That  he  ec"  3I 
was  hardly  dealt  wthall  by  yo*  concerning  a  distresse  taken 
of  one  of  his  working  Oxen  wc.h  he  kept  for  the  use  of  his  Mill 
upon  account  of  a  trespasse  not  seeming  to  be  sufficiently 
proued  against  him,  wherein  he  sued  for  redresse:  And  there 
being  now  againe  likewise  a  fresh  Complaint  exhibited  by 
him  against  yo"  That  yo?  Court  hath  w*h  great  seuerity 
condemned  him  in  a  certaine  suine  of  money  to  be  paid  as 
a  fyne  as  also  w*.h  banishment  for  a  yeare  &  oth?  circum- 
stances in  the  sentence  of  that  Court  sett  forth,  vpon  prtence 
of  Slanderous  words  giuen  by  him  against  one  of  yo*  Comis- 
saryes  from  wc^  sentence  he  hath  appealed  unto  me:  These 
are  to  require  yo"  to  suspend  the  putting  yor.  sentence  against 
the  said  Blanchan  in  Execucon  &  that  yo1?  do  no  way  molest 
or  trouble  him  any  further  vpon  that  occasion  but  respite  all 
proceedings  thereupon  untill  my  comeing  vp  to  the  Esopus 
in  the  Spring  when  I  shall  examyn  into  the  meritts  of  the 
whole  matter  &  giue  my  Judgment  and  determination  therein 
according  to  Law  &  good  Conscience  Giuen  und?  my  hand 
at  ffort  James  in  New  Yorke  the  31^  day  of  DecembV  1668. 

[Francis  Lovelace.] 
To  the  Schout  &  Comissary 

at  Esopus. 

The  Governo1?  Lett?  to  y8  Magistrates  at  O.  W.  L. 

7  2:337 

EsopUS.  (NYSL) 

Loving  freinds. 

Mr  Pawling  hath  fully  informed  me  of  what  hath  past 
betweene  yo"  &  y*  Esopus  Indians,  as  also  of  their  proposalls 


254 


Province  of  New  York 


1668/9 

Feb.  24 


O.  W.  L.  Joyned  w^  y6  South  Indians  &  those  of  Nevisans  to  make  a 
firme  peace  w*!1  y6  Maques  &  Synnekes,  I  do  very  well 
approue  of  what  yo"  haue  already  done,  &  do  thinke  it 
conuenient  that  their  designe  of  peace  should  be  encouraged 
&  promoted  w1.11  all  speed  To  wc.h  end  you'l  do  well  to  send 
some  Christian  wtl?  yo?  Indians  (but  at  their  Charge)  to  see 
ye  same  agreed  &  Concluded  upon  If  you  are  not  provided 
better  I  thinke  Christofer  Davies  may  be  a  fitt  person  to 
receiue  instructions  from  yo^  therein  &  to  be  a  witness  of 
what  shall  be  done  w0!1  when  it  shall  be  effected  at  his  &  ye 
Indians  retorne  back  I  shall  expect  an  Account  thereof 
here  when  I  shall  be  ready  to  Ratify  &  confirme  what  they 
shall  agree  &  Conclude  upon  tending  to  peace  &  Vnity  I  am. 

Yo?  very  Loving  freind 

Fort  James  in  Fran:  Louelace. 

New  York  24^  ffeb1? 
1668 


0.  W.  L. 

2:481 

(NYSL) 

1669 
July  25 


[Lovelace  to  Berrisford  at  Esopus] 

Mr  Berrisford 

I  haue  received  yor  Letter  of  the  ijth  of  July  together  with 
William  Fissher.  I  approue  well  of  yor  presecucon  of  yor 
Duty;  But  this  I  must  informe  you,  that  if  a  Stricter  hand 
had  beene  kept  over  the  Souldre  wee  Should  not  haue  had 
Such  frequent  Complts  of  them  as  dayly  aprowch  my  Eares; 
For  besides  fact  of  this  ^ticular  person;  I  cannot  but  take 
notice  to  you  of  the  great  Comprt  of  the  Souldrs  often  drunk- 
enesse,  debauchery,  breaking  windowes,  quarrelling  with 
all,  vindicating  them  Selues  in  their  owne  Causes,  and  Such 
like  exorbitances  that  (to  Speake  plainely)  are  becoming 
more  the  nursery  of  New-Gate  then  persons  who  haue  taken 
on  them  a  Settled  and  resolved  life;  Pray  therefore  lett  these 
things  bee  amended,  and  that  I  may  haue  no  further  Cause 


p£]  Collateral  and  Illustrative  Documents  255 

to  expostulate  with  you  on  ye  like  Subject,  I  am  Sorry  I  could  °*  ^ J" 
not  in  person  visitt  you  this  Spring,  but  Send  mee  word  if    (NYSL) 
any  thing  bee  to  bee  done  in  point  of  laying  out  the  Lotts 
of  their  Feilds  I  will  Send  then  the  Surveyor  and  Comission"    July  25 
to  effect  it,  however  lett  them  goe  on  with  their  home  lotts 
according  to  the  description  I  gaue  to  Pawling,  Comend  mee 
kindly  to  all  and  beleeue  mee  to  bee. 

Tom  Walton  was  on  the  point  of  Death  and  hee 
bequeathed  [blank]  Stl  to  Mre  Broadhead  to  whom  comend 
mee  and  tell  her  her  Debt  from  Fissher  is  as  Safe  now  as 
before. 

[Francis  Lovelace.] 
Fort  James  the  25th 

of  July  1669 


Instructions  for  Ralph  Whitfeld  Escp,  Capt  John 

Manning,  &  the  rest  of  ye  Commission"  for     22:99 
the  Affaires  at  Esopus  &  the  New  Villages 
adjacent. — * 

1.  Inprimis  —  That   after  you   have   first   publishd   yo       1669 
Commission  (wch  you  are  to  doe  with  all  convenient  speed 

after  yor  Arrivall)  you  doe  send  to  y6  Sachems  of  the  Esopus 
who  sold  their  Land  to  my  Predecessor  Coll  Nicolls  to  come 
and  acknowledge  the  Sale  of  the  said  Land  before  you,  and 
upon  acknowledging  thereof,  &  renewing  of  ffriendship,  you 
engage  them  to  doe  the  like  yearely  at  the  same  place  for  the 
future. 

2.  That  you  acquaint  ye  Souldiers  &  all  ye  Inhabitants  in 
Generall,  that  now  being  a  time  of  peace,  and  Land  being 

1  There  are  two  record  copies  of  these  instructions,  of  which  this  one  is  the 
fullest.  They  exhibit  textual  variations,  and  hence  both  are  printed  for 
comparative  collation. 


256  Province  of  New  York  fif] 


CnJysL?"  a^ottec^  to  every  Souldier  for  his  Subsistance,  I  have  thought 
22:99  fitt  to  reduce  the  Ganyson,  and  to  take  that  Charge  off 
1660  kis  Royall  Highnes  the  Duke. 

Sept.  ii  3.  That  then  you  make  Enquiry  into  ye  strength  of  ye 
Place  by  takeing  acco*  of  y^  number  of  ffamilyes  &  persons 
capable  to  beare  Armes  both  at  ye  Esopus  &  ye  two  new 
Villages,  after  wch  you  are  to  endeavour  to  finde  out  ye 
best  &  most  convenient  way  for  maintaining  a  constant 
Watch  at  ye  Redoubt. 

4.  That  you  make  Enquiry  how  ye  Inhabitants  of  Esopus 
have  proceeded  in  following  my  Orders  and  Instructions 
left  them  when  I  was  there,  and  what  is  the  Remora  or  reason 
they  have  not  proceeded  therein. 

5.  To  make  enquiry  after,  &  to  view  the  Land  comonly 
calld  the  Wash-makers  Land,  and  to  endeavour  to  know  ye 
prtences   of  Governour   Stuijvesant,   or   any   other   person 
thereupon,  and  upon  what  Acco*  &  consideracon  they  claime 
it. 

6.  To  make  enquiry  after,  and  to  view  a  piece  of  Land 
adjacent   claymed    or    belonging   to    Thomas    Hall    lately 
deceasl 

7.  To  enquire  after  ye  Lymitts  &  Bounds  of  Capt  Thomas 
Chambers,  whether  it  be  according  to  his  Grants  or  Pattents, 
and  how  much  further  it  extends  ? 

8.  To  enquire   how  Capt  Chambers  is  enclined  to  per- 
forme    his    Vndertakeing    last    yeare,    about    erecting    & 
keeping  ye  Storehouse  at  ye  Redoubt  (of  wch  you  have  the 
Articles,)   And  if  hee   still  declines  to  propose  it  to  some 
other  Vndertaker. 

9.  That  you  make  a  speciall  Injunction  that  noe  Wheat 
or  other  Graine  be  Transported  and  mingled  with  other, 
without  the  Corne  be  very  well  cleansed;  That  place  haveing 
already  in  part  lost  the  Reputation  they  formerly  had. 


Collateral  and  Illustrative  Documents  257 


10.  That  you  give  Order,  for  the  ffarmeing  of  the  Excise 

to  the  best  advantage,  and  take  Acco*  how  the  last  years      22:99 
Income  is  disposed  of.  l669 

11.  That  you  take  Order  that  all  psons  who  have  any    Sept.  n 
prtences  to  Lotts  at  the  New  Durps  (wch  was  burnt)  doe 
forthwith  Settle  there  under  ye  penalty  of  some  ffine  or 
forfeiture. 

12.  That  when   Mrs   Broadhead   doe   remove   from   the 
Washmakers  Land,  you  are  to  take  care  to  make  a  very  good 
provision  for  her  at  the  further  Dorp,  in  regard  of  her  great 
charge,  &  her  being  a  Commission  Officers  Widdow. 

13.  That  you  take  into  yor  consideracon  how  the  further 
new  Durp  shall  be  Governed,  as  to  Officers,  and  by  what 
Lawes. 

14.  That  you  appoint  some  Officers  to  order  the  Well 
Laying  out  the  High-wayes  from  one  Village  to  another, 
&  keepping  them  passable. 

15.  That  you  enquire  after  &  appoint  fitt  places  of  Rende- 
vous,  in  case  of  Insurrection  or  Invasion,  and  how  each 
place  may  have  recourse  one  to  the  other  for  Succour. 

1  6.  That  you  take  some  order  for  ye  reparacon  of  the 
House  next  to  Mv  Beckmans,  commonly  calld  the  Domine's 
or  the  State  house. 

17.  That  you  take  great  care  to  regulate  the  Abuses  of 
thelndyans  and  their  Drunkennes  at  Esopus,&  make  enquiry 
who  transgresse  in  giveing  them  more  Drink  or  Liquors  then 
is  fitting  or  allowed  off. 

1  8.  That  you  cause  an  Officer  to  be  made  in  the  nature 
of  a  Constable  amongst  the  Indyans  to  keep  them  in  the  better 
Order. 

19.  That  one  or  more  Officers  be  appointed  by  you  at 
the  further  Durpe,  to  whom  the  Indyans  thereabouts  may 
have  recourse  for  Redresse  upon  occasion. 

[17] 


258  Province  of  New  York  [Nx°] 


C(NYSL?*  2O*  That  7OU  ta^e  care  &  S*ve  y°r  best  advice  and  direc- 
22:99  tion  for  the  continuance  of  the  late  made  peace  amongst 

the  Indyans;  &  if  any  breach  shall  happen,  that  you  give 
Sept.  ii  order  to  make  Enquiry  into  it,  and  where  the  fault  lyes  to 

cause  satisfaction  to  be  given  by  them,  to  those  Injured  or 

abused. 

21.  That  you  cause  a  Prohibition  to  be  made  that  noe 
Strangers  be  permitted  to  come  amongst  the  Neighbour- 
Indyans  there,  and  disturb  the  public^  peace. 

22.  That  you  acquaint  ye  Souldie",  that  as  soon  as  their 
Acco^8  can  be  Stated,  to  know  what  is  due  to  them,  their 
Arreares  shall  be  paid. 

23.  That  you  likewise  take  into  yor  consideracon  how 
some  Rate  may  be  impos'd   upon  the  Inhabitants  there, 
according  to  the  Lawes  Establish t  for  the  defraying  their  own 
public^  Charge. 

24.  That  you  cause  with  convenient  speed  the  Palisadoes 
to  be  renewd,  and  place  them  at  the  extremity  of  the  Towne% 
where  the  New  Addition  is  made,  and  to  open  the  comeing 
in  of  the  Towne  in  the  middle  of  it,  as  is  designed. 

25.  That  the  place  for  Buryall  be  impal'd,  as  likewise 
the  place  for  a  Towne-House. 

26.  That  you  take  care  that  the  Morasse  that  lyes  under 
the  Towne  be  drayn'd;  whereby  the  Place  will  not  only  be 
Improovd  to  be  better;    But  it  will  contribute  much  to  the 
health  of  the  place. 

27.  That  according  to  the  Agreem*  made  before  mee,  you 
see  that  they  goe  on  with  the  ffence  between  them  &  their 
Neighbours  on  the  other  side,  That  there  may  be  noe  further 
occasion  of  difference  upon  that  Accompt. 

28.  And  Lastly  that  haveing  done  your  utmost  in  prose- 
cuting my  Commission,  and  following  these  my  Instructions, 
that  you  break  off,  and  repayre  to  yor  respective  Employ- 


Collateral  and  Illustrative  Documents  259 


ments   and   Occasions. — Given   under   my   Hand   at  Fort 
James  in  New  Yorke  this  IIth  day  of  September.  1669.  22:99 

Francis  Lovelace  1669 

Sept.  ii 

Instructions    for    Ralph   Whitfeild    Esq?  Capt?  °^S" 
Jn?  Manning  &  y6  rest  of  y*  Com1?  for  y°    (HYSL) 
Affayres    at   y6   Esopus   &  y6  newe  villages 
adjacent. 

Inprimis.     That  aft?  ^o"  haue  first  publis'ht  yor  Comoa      l669 
wc.h  yo"  are  to  doe  wl.h  all  Convenient  speed  aft?  yo?  arivall,    ^P*-  XI 
yo?  doe  send  to  y6  Sachems  of  y6  Esopus  who  sould  their 
Land  to  my  prdecesso?  Co?  Nicolls  to  come  &  acknowleg  y6 
sale  of  ye  said  Land  before  yo?  &  upon  acknowledging  thereof 
renewing  of  ffreindship  yo"  Engage  them  to  doe  ye  like 
yearely  at  ye  same  place  for  ye  future. 

That  yo?  Acquaint  ye  Souldiers  &  all  ye  Inhtants  in  Gen1".11 
that  now  being  a  Tyme  of  peace  &  lands  being  alotted  to 
euery  Souldier  for  his  subsistance  I  haue  thought  fitt  to  reduce 
ye  Garrison  &  to  take  that  Charge  of  from  his  Royal  Highness 
ye  Duke. 

That  then  yo?  make  inquiry  into  y6  strength  of  y6  place 
by  taking  Account  of  ye  numb?  of  ffamilyes  &  psons  Capable 
to  beare  Armes  both  at  ye  Esopus  &  y*  Two  neare  villages 
aftr  w°.h  yo?  are  to  endeauour  to  fynde  out  ye  best  &  most 
Conuenient  way  for  maintaining  a  Constant  watch  at  ye 
Redoubt. 

That  yo?  make  inquiry  how  ye  Inhabitants  of  Esopus 
haue  proceeded  in  following  my  Ord"  &  Instructions  left 
w1.11  them  when  I  was  there  &  what  is  y6  Remora  or  reason 
why  they  haue  not  proceeded  therein. 

To  make  inquiry  aft?  &  to  view  ye  Land  comonly  called 
Washmakers  Land  &  to  endeavour  to  know  ye  prtences  of 


260  Province  of  New  York 


0.  W.  L.  Gouerno?  Stuyvesant  or  any  oth?  pson  thereupon  &  upon 
(HYSL)  what  Account  &  consideration  they  clayme  it. 

To  make  Enquiry  aft?  &  to  view  a  peice  of  Land  adjacent 
Sept.  ii  Claymed  or  belonging  to  Thomas  Hall  lately  deceased. 

To  Enquire  aft?  ye  Lymitts  &  bounds  of  Capt"  Thomas 
Chambers  his  Land  wheth?  it  be  According  to  his  Graunts 
or  Pattents  &  how  much  furth?  it  extends. 

To  Enquire  how  Capt?  Thomas  Chambers  is  encly'nd 
to  perfourme  his  undertaking  ye  last  yeare  about  Erecting 
&  keeping  y6  Store  house  (at  ye  Redoubt  of  wc.h  yo"  haue 
ye  Articles)  &  if  he  still  declynes  it  to  propose  it  to  some  other 
undertaker. 

That  yo"  make  a  Speciall  Injunction  that  noe  wheate  or 
oth*  Grayne  be  transported  &  mingled  w*.11  othT  wthout  ye 
Corne  be  very  well  Cleansed  that  place  haueing  already  in 
parte  lost  ye  good  reputation  they  formerly  had. 

That  yo?  giue  Ordr  for  ye  farming  of  ye  Excise  to  ye  best 
aduantage,  &  take  Account  how  ye  last  yeares  Income  is 
disposed  of. 

That  yo"  take  Ord?  that  all  psons  who  haue  any  Pretences 
to  Lotts  at  ye  New  Dorpe  (wch  was  burnt)  doe  forthw^ 
settle  there  und^  ye  penalty  of  some  fyne  or  forfeiture. 

That  if  Mr.s  Broadhead  doe  remoue  from  ye  Washmakers 
land  yo?  take  Care  to  make  a  very  good  prouision  for  her  at 
ye  furth?  Dorpe  in  regard  of  her  great  Charge  &  her  being  a 
Com0?  Office  widdow. 

That  yo"  take  it  into  yo?  Considration  how  ye  furth? 
new  Dorp  shall  be  Gouerned  as  to  Officers  &  by  what 
Lawes. 

That  yo?  appoint  some  Officers  to  ordr  ye  well  laying  out 
y6  High  wayes  from  one  Village  to  an  oth?  &  keeping  them 
passable. 

That  yo?  inquire  aftf  &  appoint  fitt  places  of  Rendevous 


[Hx]  Collateral  and  Illustrative  Documents  261 


in  Case  of  Insurrections  or  Invasions  &  how  each  place  may  °-  w-  L« 

/       2 : 530 

haue  Recourse  one  to  ye  oth?  for  succour.  (NYSL) 

That  yo"  take  some  Ordr  for  ye  Reperation  of  ye  house 
next  to  M?  Beeckmans  comonly  called  ye  Dominies  or  ye   Sept.  n 
State  house. 

That  yo"  take  greate  Care  to  regulate  ye  abuses  of  ye 
Indians  &  their  drunkenesse  at  Esopus  &  make  inquiry  who 
transgresse  in  giving  them  more  drinke  or  Liquors  then  is 
fitting  or  allowed  of. 

That  yof  Cause  an  Officer  to  be  made  in  ye  Nature  of 
a  Constable  amongst  ye  Indians  to  keep  them  in  ye 
bettr  Ordr 

That  one  or  more  Officers  be  appointed  by  yo"  at  ye 
furth?  Dorpe,  to  whome  ye  Indians  thereabout  may  have 
recourse  for  redresse  upon  Occasion. 

That  yo"  take  Care  &  giue  yor.  best  advice  &  direction 
for  ye  Continuance  of  ye  Late  made  peace  amongst  ye 
Indians,  &  if  any  breach  shall  happen  that  yo?  giue 
OrdT  to  make  inquiry  into  it  &  where  ye  fault  lyes  to 
cause  satisfaction  to  be  giuen  by  them  to  those  injured  or 
abused. 

That  yo"  Cause  a  prohibition  to  be  made  that  no  Strangers 
be  pmitted  to  come  amongst  ye  neighbour  Indians  there  & 
disturbe  ye  publique  peace. 

That  yo"  Acquaint  ye  Souldiers  that  as  soone  as  their 
Accounts  can  be  stated  to  know  what  is  due  to  them  their 
Arrears  shall  all  be  paid  off. 

That  yo*?  likewise  take  into  yo?  Consideration  how  some 
rate  may  be  Imposed  upon  ye  Inhabitants  there  According 
to  y6  Lawes  Establis'ht  for  ye  defraying  their  owne  publique 
Charge. 

And  Lastly  that  hauing  done  yo?  utmost  in  psecuting  my 
Com0?  &  following  theise  my  Instructions  that  yo"  breake 


262  Province  of  New  York 


O.  W.  L.  of  &   repaire  to  yo?   respectiue  Employm*?  &  Occasions, 
(WYSL)     Giuen  undr.  my  hand  at  ffort  James  in  New  Yorke  this  il^ 

day  of  Septemb?  1669. 
Sept.9i  i  [Francis  Lovelace.] 


°i^3  J"       The  Gouerno"  Comission  to  seuerall  psons  for  ye  regulation 
<NYSL)    Of  ye  Affaires  at  Esopus  &c 

Francis  Loulace  Esq?  Gouerno?  Genr"  und?  his  Royall 
Highns.s  James  Duke  of  Yorke  &  Albany  &c  of  all 
his  Territoryes  in  America,  To  all  to  whome  theise 
prsents  shall  come  sendeth  greeting. 

Sept69!!  Whereas  there  are  seuerall  affaires  at  Esopus  &  ye  New 
Dorpes  or  Villages  adjacent  w°.h  require  a  regulation  by  some 
psons  of  Integrity  &  Expience  to  be  upon  ye  place  &  there 
lying  likewise  before  me  some  Complaints  of  irreguler  pro- 
ceedings in  ye  Co1?  there  wc.h  ought  to  be  Examined  &  recti- 
fyed,  For  ye  better  managing  ye  said  affaires  &  to  put  an  end 
to  any  such  differences,  I  haue  thought  fitt  to  nominate 
constitute  &  appoint  &  by  this  my  speciall  Comission  doe 
nominate  Constitute  &  appoint  yo"  Ralph  Whitfeild  Esq? 
Capt?  Jn°  Manning  Capt*  Thomas  Chambers  M?  William 
Beckman,  Mr  Christopher  Berisford  &  MT.  Henry  Pawling 
to  be  Com"  to  Examyn  into  &  to  regulate  ye  affaires  there 
according  to  such  instructions  as  I  shall  herew^  giue  yo" 
of  wc.h  said  Com1?  yo*  Ralph  Whitfeild  are  to  be  prsident,  & 
any  foure  of  you  shall  be  a  Quorum,  yo*  are  upon  your  arivall 
there  to  make  ye  Inhabitants  in  Generall  acquainted  w^ 
this  my  Comission,  &  if  there  shall  happen  to  be  any 
difference  betweene  any  of  them  w0!1  may  be  of  a  nature 
aboue  ye  ordinary  cognizance  of  ye  Schout  &  Comissaryes 
yo?  are  hereby  impowred  to  heare  &  determyn  ye  same,  or 


fie0']  Collateral  and  Illustrative  Documents  263 


what  euer  else  of  the  like  nature  shall  occurre  besides  what  °-  w-  L« 

pticulerly  is  given  yo"  in  charge  in  yoT  instructions  And  as     (ifrSL) 

yo"  shall  see  cause  yo"  may  call  before  yo"  any  pson  or  psons 

&  for  ye  clearing  of  ye  truth  administer  an  Oath  unto  them    Sept.  n 

(y*  w°.h  yo"  are  hereby  impowred  to  giue)  &  whatsoeuer  yo* 

or  so  many  of  yo?  as  shall  make  a  Quoru  shall  lawfully  Acte 

or  doe  in  ye  prosecution  of  this  my  speciall  Coinission  this 

shall  be  to  yo"  &  euery  of  yo"  a  sufficient  warrant    Given 

undT  my  hand  &  scale  at  ffort  James  in  New  Yorke  this  il*!1 

day  of  September  in  ye  21.^  yeare  of  his  Ma*1.68  Raigne  Annocp 

Dm  1669.  [Francis  Lovelace.] 


[Proceedings  of  the  Special   Court   of  Commissioners   for 

i     •         A  a-  •  T-  n  (NYSL) 

regulating  Affairs  at  Lsopus,  etc.]  22:99 

jEsopus.  Sept.  ij^  1669. 

At  a  Speciall  Court  held  there  by  vertue  of  a  Commission      1669 

Sept*  17— 20 
from  his  Honr  the  Governour  to  Regulate  the  Affayres  of  that 

place  and  the  Villages  adjacent. 

All  the  Comners  being  then  present,  the  Sachems  were 
sent  for  to  attend  them  &c: 

They  likewise  gave  Notice  to  the  Souldiery  of  that  place 
to  appeare  the  next  day  at  2  of  the  Clock  in  the  Afternoon. 

The  Com1*3  then  adjourn'd  till  ye  next  day  at  eight  of  ye 
Clock  in  ye  fforenoone,  and  went  to  view  the  Villages,  and 
nam'd  the  further  Village  Marbeton  [sic]  according  to  his 
Honre  directions. 

Three  places  of  Rendevouz  were  appointed  for  Safegard 
of  the  Villages,  viz*  the  first  in  ye  middle  of  Marbleton, 
the  second  at  Halfe  way  ground,  the  third  in  Hurley,  which 
is  the  Village  next  to  Esopus,  and  then  soe  nam'd  by 
them. 


264  Province  of  New  York  [Nx°] 


CoLMSS.  Septem:  i8*h 

(HYSL) 

22:99 

Present  all  ye  Com1*.     John  Joesten  petitioned  about  the 
Sept.  17-29  exchange  of  a  Lott,  it  lyeing  not  properly  before  us  it  was 
thrown  out. 

Ander  Cooley  producd  before  them  ye  Gen11.8  Speciall 
Warrant,  and  desir'd  a  continuance  of  the  Attachment,  the 
Court  acquiest  in  that,  and  dismissd  him. 

Matthias  Blanchan  peticoned  for  a  Lott  of  Land  according 
to  his  Patent. 

Garrett  Fokar  peticoned  for  a  certaine  Lott  prornisd 
(as  hee  alleadged)  by  the  late  Governour,  and  his  Honor  the 
present  Governour. 

Both  were  referrd  to  Munday  at  2  of  the  Clock  in  the 
Afternoone.  since  wee  are  informed  Mr  Nicolls  hath  Order 
to  draw  it  up. 

The  Comrs  then  drew  up  this  Order  wch  was  immediately 
publishd,  and  after  affixd  to  the  Doore  of  the  Towne  House, 
as  followeth. 

Whereas  the  Comrs  appointed  by  his  Honor  y6  Governor  to 
regulate  &  settle  ye  affayres  of  Sopus  and  ye  Villages  adjacent, 
have  heard  of  severall  prtences  or  Titles  to  ye  Washmakers 
Land;  and  the  Villages  adjacent  made  by  severall  persons, 
and  the  Lands  prtended  to  by  Thomas  Hall  lately  deceased, 
They  have  thought  fitt  for  the  clearing  and  determining  of 
all  Claymes  concerning  those  places  to  warn  all  persons  to 
bring  in  their  Patents  or  prtences  to  the  places  aforemen- 
tioned, and  doe  hereby  strictly  Enjoyne  all  persons  to  bring- 
in  their  Patents  or  Pretences  on  Munday  next,  about  2  of 
the  Clock  in  the  Afternoone  to  them  who  shall  be  then 
sitting  at  the  Towne-House  at  Sopez,  Then  &  there  to 
receive  a  Conclusion  and  Judgm*  of  their  severall  Titles 
&  prtences  as  may  be  most  satisfactory  to  the  said  severall 


PS?']  Collateral  and  Illustrative  Documents  265 


Pretenders.     Given  under  my  hand  at  Sopez  this  i8th  of 

^  (ITxSL) 

September  —  22:99 

Ralph  Whitfeld'     Pres*          i669 

Resolved  then  that  ye  Watch  at  ye  Redoubt  should  be 
maintaind  by  ye  Towne  of  Sopez  only;  The  Villages  haveing 
enough  to  doe  to  defend  themselves. 


Septem :  2O*h  — 

9 

A  Speciall  Ordr  from  his  Honr  Dated  Septembr  ye  last, 
and  directed  to  ye  Scout  and  Commissaryes  there  was  read; 
And  the  Towne  was  ffyned  ffifty  Skepple  of  Wheate,  for  not 
performing  one  Particular  there;  viz*  fFor  not  impaleing  the 
Buriall  place;  The  rest  of  the  Injunctions  of  the  Scoute  is 
to  give  further  Answer  to. 

It  was  agreed  to  make  an  Ordr  to  prvent  the  making  of 
y6  Indyans  drunk,  for  the  first  Offence  five  pound  to  be  paid 
by  ye  Offender,  for  the  second  ten  pound,  for  the  third 
Banishm*. 

A  Peticon  was  then  deliverd  by  Cornelis  Barnsen  Slecht 
concerning  a  Grant  of  Land  the  Busines  was  orderd  to  be 
heard  the  day  following. 

Albert  Heymensen  peticond  to  sett  up  a  Brewhouse  and 
Tan-fFatts  in  Hurley. 

It  was  orderd  y*  ye  Scout  &  Coiriissaryes  should  take  care 
that  two  Men  should  constantly  watch  at  the  Redoubt. 

A  List  of  ye  Men  able  to  beare  Armes  at  Sopez  was  then 
brought  in,  with  y6  number  of  the  ffamilyes  there,  but  noe 
Acco*  then  given  of  the  two  Villages. 

The  Court  examining  all  ye  Patents,  wch  were  then  brought 
in  (excepting  only  Mr  Stuyvesants,  Peter  Schijler  &  Thomas 

1  So  written  in  the  manuscript  and  not  autographic. 


266  Province  of  New  York 


Hall)  and  finde  in  them  nothing  nam'd  concerning  the  2^ 
22 :  99     Styck  or  peece,  either  by  Dutch  Patent  or  English. 

Complaint  was  made  by  an  Indyan  that  Tijerk  Claes  had 
Sept.  17-29  em  ploy  d  &  not  paid  him;  the  Court  made  him  make  satis- 
faction, and  ffyned  Tork  Claes. 


Septem:  2i*h  — 

Capt  Chambers  produc'd  severall  Patents  for  Land  and 
House-Lotts 

The    first  for  —  38  Morgn  &  —  451  rod 
The  second  for  —  5  Morg:  &  —  23O.r 
The  third  for  —  26  Morg:  & —  52.r. 
The  fourth  for  —  45  Rod  &  ffoure  ffott,  being 
A  Home  Lett. 


The   fifth   Patent  had 
foure   Grants    in    one 


The  first      —  440  rodd 
The  second  —  160  rodd 


The  third     —  504  rodd 
The  fourth  —  128  rodd. 
The  6th  Patent  4.  Morgan  and  a  halfe. 

The  Busines  between  Cornelis  Barnsen  Slecht  &  Hen- 
dricks  Children  was  orderd  to  be  determined  on  ye  22th 
Instant. 

Orderd  that  the  Excise  should  be  offerd  to  ffarme  on  y* 
22th  instant  at  4  of  the  Clock  in  ye  Afternoon. 

Then  orderd  that  Rofet  Gouldsberry  should  have  12 
Acres  on  Land  in  Marbleton. 

Capt  Chambers  refusd  to  meddle  with  the  building  of  a 
Storehouse  at  the  Redoubt,  it  was  then  offerd  to  others 
but  noe  Man  would  undertake  it. 


Collateral  and  Illustrative  Documents  267 


Matthias  Blanchan  appeard  in  y6  Afternoon  to  make  good 
his  Peticon  against  Tierck  Claus  de  Wijt;  upon  a  full  heare-     22:  99 
ing  his  Banishment  was  repeald,  and  his  ffyne  of  six  hundred      l66^ 
Guilders  reduc'd  to  two,  w°h  was  to  be  paid  to  the  Scout.      Sept.  17-29 


Septem:  22^h — 

The  Instructions  being  then  read  over  againe  every  Par- 
ticular was  debated;  and  ye  Resolution  of  them  will  appeare 
in  the  Answer  to  ye  Instructions  at  large. 

Blanchan  complaind  against  a  Souldr;  It  was  referrd  to 
Capt  Manning,  Mr  Beakman,  &  Mr  Berrisford  to  heare, 
determine,  &  then  Report. 

The  Scout  &  Comissaryes  desyred  Time  to  consider  of 
the  Watch  at  ye  Redoubt,  and  to  Answer  the  Instructions 
formerly  directed  to  them  from  his  Honour,  and  were  to 
bring  in  their  Answer  on  Thursday. 


Septem:  23^ — 

Mr  Pawling  was  Voted  to  be  ye  Officer  to  whom  yc  Indyans 
should  repaire  for  Redress  of  Injuryes  in  Kingston,  Hurley, 
&  Marbleton,  and  that  hee  take  Care,  noe  Stranger  Indyans 
come  among  them. 

Mr  Bereford  [sic]  chosen  chief  Magistrate  of  Marbleton  & 
Hurley  to  bee  above  a  High-Constable  &  short  of  a  Justice 
of  peace,  &  two  Overseers  in  each  Towne  to  be  chosen. 

That  hee  have  power  to  hear  &  determine  concerning  the 
High-Wayes,  the  Overseers  to  give  him  an  Acco*. 

That  Mr  Chambers  have  an  Acco*  from  y6  Scout  &  Com- 
missaryes  of  Kingston  of  the  High-wayes  belonging  to  that 
place,  and  have  the  same  power  to  heare  and  determine. 


268  Province  of  New  York 


to  be  ffined  if  tne  Morass  be  not  drayned  by  ye 
22:99  last  of  November,  one  hundred  Skepples  of  Wheat. 

John  Reynolds  of  Marbleton  desired  a  quantity  of  Ground 
Sept.  17-29  there,  alledging  his  Honrs  promise  for  more  then  a  Lott. 

The  Scout  &  Comissaryes  then  gave  an  Acco*  of  certain 
Instructions  formerly  sent  to  them;  viz?  That  to  the  Motions 
of  the  Indyans  they  will  be  watchfull  over  them,  and  will 
upon  any  Occasion  give  notice  to  the  Governour; 

That  they  will  new  Tyle  the  Towne  House  where  wanting. 

The  Comissaryes  &  Scout  will  provide  an  Officer  to 
Cleanse  the  Corne  and  measure  it. 

The  Watch  at  the  Redoubt  to  be  kept  by  two  Men, 
appointed  by  them;  And  the  Scout  &  Comissaryes  are  to  take 
care  to  keep  it  in  repayre  at  the  Charges  of  Kingston. 

The  Business  between  Barens  Slecht  &  Hendricks  Children 
was  heard  &  adjudged  for  Hendricks. 

Mr  Pawling  peti coned  the  Commission1"8  to  discharge  him 
under  their  hands  from  certaine  Injunctions  his  Honr  formerly 
laid  upon  him;  They  answered  They  would  make  his  Honor 
acquainted  with  it. 

These  Orders  following  were  then  drawn 
up  and  afterwards  publishd,  and  affixt 
to  the  Doore  of  the  Towne-House. 

An  Ordr  that  noe  Wheat  or  other 
Graine  be  Transported  or  mingled 
with  other,  without  the  Corne  be 
very  well  cleansed. 

Whereas  y6  Com18  appointed  by  his  Honr  the  Governour 
to  Regulate  &  settle  ye  Affaires  of  Kingston  &  the  Villages 
adjacent  have  had  certaine  Informacon  that  all  sorts  of 
Graine  growing  here,  and  being  the  proper  product  of  Kings- 


Collateral  and  Illustrative  Documents  269 


ton  &  the  Villages  adjacent  have  not  been  well  cleansed,  & 
soe  become  less  merchentable  to  the  great  disrepute  &  pre-  22:99 
judice  of  the  place;  To  prvent  w°h  Inconvenience  for  the 
future;  They  have  thought  fitt  to  Order,  and  doe  hereby S®?4 
strictly  Order  &  enjoyne  that  noe  person  doe  utter  or  sell 
any  Graine  whatsoever  to  be  transported  from  Kingston, 
Hurley  &  Marbleton  but  such  as  shall  be  well  cleansed  and 
unmingled  upon  paine  of  forfeiture  for  any  such  negligence 
or  default  one  full  quarter  part  of  such  Graine  soe  utterd 
or  sould  contrary  to  this  Order,  one  third  parte  soe  forfeited 
to  goe  to  our  Soveraigne  Lord  the  King,  one  third  part  to 
the  Informer,  &  the  other  third  part  to  the  Scout  &  Cornis- 
saryes  then  being  (who  have  hereby  power  to  name  the 
Officer  for  this  purpose)  to  goe  towards  the  charges  of  keeping 
the  Watch  at  the  Redoubt;  And  that  it  shall  be  lawfull  for 
the  Informer  to  seize  &  detaine  in  possession  such  graine 
untill  upon  complaint  made  to  ye  Scout  &  Commis^yes  or 
any  two  of  them,  the  matter  in  question  be  Determined; 
Which  they  are  to  doe  with  all  speed  convenient  according 
to  the  Tenure  of  this  Order.  Given  &c:  23d  Septem:  1669. 


An  Ordr  for  ye  Draining  ye  Swampish 
or  Morasse  Ground  adjoyning  to 
the  Towne  of  Kingston. 

Whereas  his  Honr  ye  Governor  had  formerly  sent  Instruc- 
tions to  the  Scout  and  Comissaryes  of  Esopus  now  called 
Kingston  about  severall  Things  relateing  to  that  place;  and 
hath  since  Comissioned  severall  Bisons  to  Regulate  &  settle 
y6  Affaires  there,  who  among  other  particulars  in  thier 
Instructions  are  obliged  to  enquire  after  the  performance  of 
what  was  formerly  given  in  Charge,  to  the  said  Scout  and 
Comissaryes,  &  findeing  one  Article  belonging  to  the  Pub- 


270  Province  of  New  York 


^clue  Good  as  yett  unperform'd,  viz*,  the  Draining  the 
72:99  Swampish  or  Morasse  Ground  lyeing  &  adjoyning  to  the 
said  Towne,  The  Com"  in  pursuance  of  those  Instructions 
Sept.  17-29  have  thought  fitt  to  hasten  the  performance  of  it.  And  doe 
hereby  strictly  charge  the  Scout  &  Comissaryes  (in  regard 
it  would  very  much  conduce  to  the  health  of  the  place,  & 
the  Improvem*  of  soe  much  ground  which  is  rendred  at 
prsent  almost  useless)  to  Draine  the  said  Swampish  or 
Morasse  ground  by  the  last  day  of  November  next  ensueing, 
upon  paine  of  forfeiture  of  one  hundred  Skepples  of  Wheat 
to  his  Maty,  according  to  the  Vote  and  Sentence  of  the  Court 
this  day  held  by  the  said  Commissioners  to  be  Levyed  on 
the  said  Towne  of  Kingston.  Given  &c:  this  23d  of  Septem: 
1669. 

An  Ordr  for  ye  Repayre  of  the 
Domine's  House  or  Towne- 
House  in  Kingston. 

Whereas  the  Coinners  appointed  by  his  Honr  the  Gover- 
nour  to  Regulate  &  settle  ye  affaires  of  Kingston  &  the 
Villages  adjacent  have  among  other  Instructions  one  con- 
cerning the  Reparacon  of  the  Domine's  House  or  Towne- 
House  in  Kingston  wch  now  growes  ruinous,  to  prevent 
further  damage,  it  being  of  absolute  Necessity  to  keep  that 
House  in  good  repaire  in  regard  of  the  frequent  use  of  it! 
both  for  Religious  Dutyes  and  Civill  Affayres,  It  is  thought 
fitt  to  give  Order  in  that  behalfe.  And  the  Scout  &  Comis- 1 
saryes  of  this  Towne  are  hereby  strictly  enjoyned  to  repaire 
ye  said  House  as  soon  as  they  can  gett  Pan-Tiles  to  doe  it, 
and  other  Materialls  thereto  requisite;  Which  Reparation 
(it  being  for  the  publique  Good)  ought  to  be  performd  at 
the  publique  Charge;  And  which  they  are  hereby  empowered 


Collateral  and  Illustrative  Documents  271 


to  demand  and  Levy  in  this  Towne  of  Kingston,  And  that 
they  doe  give  an  Acco*  to  his  Honor  the  Governour  of  the     22:99 
performance  of  this  Order  as  soon  as  it  shall  bee  by  them      l66^ 
Obeyd.     Given  &c:  this  23d  of  SeptembT  1669.  Sept-  '7-*9 


An  Ordr  to  prvent  Drunkenness 
among  the  Indyans. 

Whereas  the  Comners  appointed  by  his  Honr  the  Governour 
to  Regulate  and  settle  the  Affaires  of  Kingston  &  ye  Villages 
adjacent  have  been  inform'd  that  severall  persons  Inhabi- 
tants of  Kingston  have  for  their  private  Lucre  &  Gaine  Sold 
to  the  Indyans  thereunto  resorting  great  quantityes  of  Strong 
Liquors  wherwith  They  have  been  frequently  drunk  to  the 
great  dishonour  of  Christian  Religion,  and  the  breach  of 
the  Lawes  of  this  place;  They  have  thought  fitt  in  order  to 
prevent  all  Excess  and  Deboishery  in  that  kinde  for  the 
future,  strictly  to  Enjoyne,  And  they  doe  hereby  strictly 
enjoyne  all  persons  not  to  utter  or  sell  to  any  Indyan  or 
Indyans  such  quantityes  as  shall  make  them  drunk  upon 
the  Penaltyes  following,  viz*  ffor  the  first  Offence  the 
person  soe  selling  is  to  pay  ffive  pounds,  for  the  second 
Offence  Ten  pounds,  and  for  the  third  Offence  to  suffer 
Banishm*  out  of  this  Towne;  Which  Summe  or  Summes  the 
Scout  is  hereby  Empowered  to  Levy  by  way  of  Seizure  or 
Distress  of  any  such  Offenders  Goods;  Two  parts  of  which 
said  penaltyes  or  fforfeitures  are  to  goe  to  the  Reliefe  of  the 
poore  of  this  place,  and  the  third  part  to  the  Scout.  Given 
&c:  this  23d  of  Septem:  1669. 

The  like  Order  as  drawn  up  for  Hurley  &  Marbleton, 

Mutatis  mutandis. 


272  Province  of  New  York 


22:99 

An    Order    for    the    laying    out    & 

J669  keeping  passable  the  High-Wayes 

&    Comon     Roads     in    Kingston, 
Hurley  &  Marbleton. 

Whereas  the  Coiriners  now  appointed  by  his  Honor  the 
Governo1"  to  Regulate  &  settle  ye  Affaires  of  Kingston, 
Hurley,  &  Marbleton  are  obliged  by  a  particular  Article  in 
their  Instructions  to  take  care  that  ye  High-wayes  &  Common 
Roads  belonging  to  those  three  Townes  be  conveniently  layd 
out  and  constantly  kept  passable,  They  have  thought  fitt  to 
Order  &  doe  hereby  Order  that  the  High  wayes  and  Common 
Roads  belonging  to  Kingston  be  kept  passable  by  y6  Scout 
&  Coiriissaryes  belonging  to  Kingston,  who  have  hereby 
power  to  Command  every  person  (whom  they  shall  adjudge 
lyable)  to  attend  their  Orders  in  the  mending  of  the  High- 
wayes  &  Common  Roads,  and  to  ffyne  such  as  shall  neglect 
or  refuse  to  obey  their  Summons  according  to  such  Contempt; 
And  if  the  Scout  or  Coinissaryes  shall  neglect  their  Duty 
herein  of  supervising  or  ffineing  Offendrs  where  just  cause 
is,  That  then  Capt  Thomas  Chambers  who  is  hereby  made 
&  constituted  Surveyour  Generall  of  the  High-wayes  or 
Common  Roads  for  the  three  abovemen coned  Townes  or 
Villages,  shall  have  &  hereby  hath  power  to  ffyne  the  Scout 
&  Coinissaryes  or  any  such  of  them  as  shall  omitt  his  Duty 
therein;  As  before  expressed  20  Skepple  of  wheat  to  be  paid 
to  our  Soveraigne  Lord  the  King;  wch  power  as  Survey or 
Generall  hee  is  to  exercise  within  twenty  one  dayes  after 
the  Date  of  this  Order  in  Kingston;  And  whereas  Mr  Chris- 
topher Berrisford  is  chosen  Chiefe  Magistrate  for  the  Townes 
of  Hurley  &  Marbleton,  hee  is  hereby  empowered  to  Command 
the  Overseers  in  each  Towne  to  take  the  like  care  for  the 


Collateral  and  Illustrative  Documents  273 


mending  &  repaireing  of  the  High-wayes  in  those  two  last  Co1- 
men  coned  Townes;  &  to  ffine  all  Overseers  of  both  places  22:99 
or  any  of  them  as  shall  neglect  their  Duty  in  20  Skepple  of 
Wheat  to  be  paid  to  his  Matie,  and  hath  hereby  power  to  Sept.  17-29 
Levy  the  same;  And  if  the  said  Christopher  Berisford  shall 
refuse  any  part  of  his  Duty  herein,  That  then  ye  said  Sur- 
veyour  Generall  of  the  Highwayes  shall  have  power  to  ffine 
him  20  Skepple  of  Wheat  to  his  Matie,  and  to  Levy  it  for 
the  use  aforesaid;  which  power  in  both  the  said  Thomas 
Chambers  &  Christopher.  Berrisford  shall  begin  within  21 
dayes  after  the  Date  hereof  in  Hurley,  and  21  dayes  after 
the  laying  out  of  the  Lotts  in  Marbleton.  Given  &c:  this 
23  Sept:  1669. 

An  Ordr  for  the  settling 
of  Hurley. 

Whereas  severall  persons  by  vertue  of  former  Ground- 
Briefs  or  Patents  claime  Lotts  or  proportions  of  Land  in 
Hurley,  &  have  neglected  their  Settlements  there,  alledging 
frivolous  reasons  for  their  soe  doeing,  to  the  publiqp  preju- 
dice; It  is  thought  fitt  by  y6  Commiss"  now  authorized  by 
his  Honor  the  Governour  to  Regulate  &  settle  The  affayres 
of  that  Towne  &  y6  places  adjacent,  to  Declare  &  Order; 
And  they  doe  by  this  Declare  &  Order  that  every  person 
haveing  a  Ground-Briefe  or  Patent  to  any  Lott  or  proportion 
of  Ground  doe  settle  their  said  proportion  by  the  first  of 
Aprill  next  ensueing  the  Date  hereof;  And  if  any  person  soe 
claimeing  shall  refuse  to  Settle  his  Lott  or  proportion  accord- 
ing to  y6  Tenor  of  this  Order,  That  then  such  Lott  or  pro- 
portion shall  immediately  become  forfeit  to  his  Matie,  and 
to  be  disposed  of  as  his  Honor  ye  Governour  shall  think  fitt, 
and  withall  to  pay  Twenty  pound  as  a  ffine  to  his  Maty,  w°h 
y6  chiefe  Magistrate  of  this  Towne  is  empowered  to  Clayme 
[18] 


274  Province  of  New  York 


C(°NYSL)S'  ^    Levy    to    the   use    abovesaid.     Given   &c:    Sept:    24^ 
22:99     1669. 

i66  There  appeared  some  Indyans  though  none  of  y6  Sachems 

Sept.  17-29  that  sett  their  hands  to  the  Sale  of  ye  Land  to  Colt  Nicolls; 

two  of  the  Sachems  to  that  Sale  &  one  of  ye  Witnesses  are 

dead.     It  is  left  to  Mr  Pawling  to  Summon  them,  and  to 

endeavour  ye  performance  of  that  Article. 

It  was  orderd  yl  ye  Scout  should  bring  in  the  Charges  as 
it  stands  in  the  Towne  Book,  that  Barents  Slecht  may  be 
paid  againe  by  Hendricks  Children. 

Blanchan  to  have  an  Order  for  his  1500  Sheafs  of  Reed 
burnt  by  ye  Souldiers  to  oblige  them  to  make  him  satisfaction. 
Katherine  ye  wife  of  John  Jonson  complaind  of  her  Hus- 
bands beating  of  her;  Hee  &  his  two  Suretyes  enterd  into 
recognizance  of  Ten  pound  a  piece  that  hee  should  keep 
the  peace.  The  Bond  is  in  Mr  Beakmans  hands. 


Septem1?1*  25^  — 

Blanchans  Ordr  was  then  drawn  up  &  directed  to  M* 
Berrisford. 

Barens  Slecht's  Ordr  was  then  drawn  up. 

An  Order  was  then  drawn  up  for  the  keeping  the  Watch 
at  the  Redoubt,  &  repaireing  it. 

Instructions  were  then  drawn  up  for  Mr  Berisford  chiefe 
Magistrate  of  Hurley  &  Marbleton. 

Instructions  were  drawn  up  for  Mr  Pawling  Officer  over 
the  Indyans. 

The  Ordr  for  the  Redoubt 

Whereas  ye   Comners   now   empowered   by   his    Honr 
Governor  to   Regulate  ye  Affayres  of  Esopus  now  call< 


Px]  Collateral  and  Illustrative  Documents  275 


Kingston  &  the  Villages  adjacent  have  taken  into  consider- 

ation  the  Keeping  of  a  Constant  Watch  at  the  Redoubt  at     22:99 

the  Charge  of  the  parrish  of  Kingston,  obligeing  them  to      i66 

finde  two  Men  to  remaine  constantly  there  upon  this  Duty;  Sept.  17-29 

They  have  thought  fitt  to  Order,  and  doe  hereby  Order  y* 

ye  Scout  &    Comissarys  of  Kingston  doe  take  constant  care 

for  the  Reliefe  of  that  Watch  :  and  whereas  the  said  Redoubt 

is  very  ruinous,  they  are  hereby  enjoynd  to  repaire  well  and 

sufficiently  the  said  Redoubt  within  six  weeks  after  the  Date 

hereof,  upon  paine  of  forfeiture  of  twenty  skepple  of  Wheat 

to  our  Soveraigne  Lord  the  King;  And  soe  constantly  to 

keep  it  in  good  repayre.     Given  &c:  this  25th  of  Septem: 

1669. 

On  this  day  (viz*  25th)  the  Towne  formerly  calld  Sopez 
was  named  Kingston. 

Septem:  27th.  — 

Complaint  was  made  by  Peiter  Vlesen  about  a  House  now 
in  ye  possession  of  Sam:  Olliver  &c:  It  was  Orderd  upon  ye 
hearing  of  that  Complaint  that  the  Scout  should  deliver 
possession  thereof  to  the  said  Vlesen  &c: 

An  Order  was  then  drawn  up  for  Tijerk  Claesen  to  make 
satisfaction  to  ye  Indyan  hee  employed  &c: 

Two  Orders  were  then  drawn  up  for  settling  the  Excise  in 
the  two  New  Villages,  viz^  for  Hurley. 

Whereas  it  is  thought  fitt  to  Settle  ye  Tapp1?  Excise  in 
Hurley,  it  is  hereby  Orderd  that  Mr  Beresford  doe  take  care 
for  the  settling  &  gathering  of  it  in  the  said  Towne  of  Hurley: 
And  that  hee  observe  to  sett  the  same  Rates,  and  use  the 
same  course  in  gathering  it;  and  have  the  same  power  in 


276  Province  of  New  York 


every  regard  uP°n  refusall  of  paym*  to  Seize  or  distreyne  as 
22:99     is  usd  at  Kingston;  And  is  hereby  obligd  every  yeare  to  give 
i66       an  Acco*  thereof  to  his  Honor  the  Governour. 
Sept.  17-29     Directed  to  Mr  Berrisford. 
The  Like  for  Marbleton. 

These  3  Lotts  following  are  vacant  by  ye  death  of  ye  psons 
to  whom  they  were  promisd,  and  are  to  be  disposd  of  as 
his  Honr  ye  Governour  shall  appoint.  —  viz1. 

Constaples.         Jan  Joosts.         David  Crawfords. 
I.  2.  3. 

An  Ordr  was  drawn  up  for  Albert  Heymensen's  erecting 
of  a  Brew-House  &  setting  up  of  Tan-ffatts;  referrd  to  Mr 
Beresford  to  consider  of  the  place. 

}  Lewis  de  Boys 
Overseers  for  Hurley 

)  Albert  Heymens 

]  John  Biggs 
Overseers  for  Marbleton    > 

)  Fredrick  Hussey. 

Ankrup    an    Indyan    peticond    against   Capt   Chambers 
prtending  hee  was  not  paid  for  certaine  Lotts  of  Lands. 
It  was  referrd  to  ye  next  Morning.  — 


SeptemT  28th  — 

Ankrup  the  Indyan  appearing,  Capt  Chambers  produced 
the  Bill  of  Sale,  &  ye  Indyan  then  ownd  his  marke,  &  full 


Collateral  and  Illustrative  Documents  277 


satisfaction   for  the   Land;   the   Comnrs  then    caused   that  c° 
Acknowledgm1  to  be  Endorsd  on  the  Bill  of  Sale;  And  they    (NYSL) 
took  care  that  unjust  Complaints  from  ye  Indyans  in  that      i 
nature  should  be  punished.  Sept.  17-29 


Septem:  29^ — 

An  Ordr  for  the  Officer  to  measure  Corne 
was  then  made  as  followeth  —  viz* 

Whereas  'twas  thought  necessary  by  ye  Comners  &c:  that 
an  Officer  should  be  chosen  to  supervise  &  measure  all  sorts 
of  Corne  &  Graine  that  shall  be  Transported  from  Marbeton, 
Hurley  and  Kingston  to  other  parts;  To  ye  End  that  none 
but  what  is  merchantable  may  be  utterd  or  sold;  It  is 
hereby  orderd  that  y6  Scout  &  Comissaryes  of  Kingston  shall 
Elect  &  choose  a  person  whom  they  shall  judge  Most  fitt  for 
y6  Execution  of  that  place;  And  they  are  hereby  empowered 
to  Charge  every  person  soe  uttering  or  selling  any  Corne  or 
graine  with  the  paym*  of  one  Styver  upon  the  Skepple  then 
to  ye  said  Officer,  when  any  such  Corne  or  Graine  shall  be 
brought  to  be  viewd  or  measured,  by  the  Owner  or  bringer 
of  yc  same  to  the  said  Officer;  Who  is  hereby  commanded  to 
suffer  noe  Transports  cons  to  be  made  of  any  such  Corne  or 
graine,  but  what  is  truely  merchantable.  And  that  the 
Scout  and  Commissaryes  or  any  two  of  them  be  made 
Judges  of  any  default  or  Complaint;  or  have  power  to 
punish  where  any  cause  is  in  any  thing  menconed  in  this 
Order  both  to  the  Officer  soe  chosen,  or  any  person  that 
transports  such  Corne  or  Graine.  Given  at  Kingston. 
Septem:  29^  1669. 

This  Morning  the  Court  was  Dissolvd. 


278  Province  of  New  York 


Col.  MSS.        [Report  of  the  Commissioners  to  Governor  Lovelace.l 
22 : 99  L       r 

(NYSL) 

The    Answer   of    ye    Comners    to 

September  ^is  Hono1"8  Instructions  annexed 

to  the  Commission,  as  followeth. 

1.  On  Thursday  ye  i6th  of  this  Instant  the  Comr?  arrived 
at  Kingston.     In  the  Evening  meetting  wth  Capt  Chambers 
&  Mr  Beakman  joynd  likewise  in  Commission  with  them, 
'twas    privatly    read.     The    next   Morning   being  ye    iyth 
Instant  a  Court  being  calld  ye  Commission  was  publiquely 
read,  all  ye  Coinners  being  present  (&  were  constantly  soe  dure- 
ing  the  setting  of  the  said  Commission)  and  the  Inhabit- 
ants were  fully  informd  of  the  cause  of  their  Comeing;  and 
how  great  a  care  of  his  Honor  ye  Governour  had  for  their 
prosperity  and  welfare,  not  only  in  remedying  some  former 
irregular  Proceedings  there,  and  composeing  the  private  dif- 
ferences of  unfriendly  persons,  but  by  takeing  the  best  way 
for  setling  ye  2  new  Townes,  and  endeavouring  to  render 
them  as  flourishing  as  ye  place  could  make  them,  which  was 
soe   pleasing   to   the   Inhabitants   that   they   espressd   that 
acknowledgm*  which  was  due  to  soe  excellent  a  person. 

The  Sachems  being  then  sent  for,  a  few  dayes  after 
appeared  Waposhequiqua,  and  Sewakanomae  two  of  those 
Sachems  that  sould  the  Land  to  ye  late  Governour  Niccolls, 
who  ownd  their  marks  with  y6  whole  agreem*;  An  Indyan 
who  came  with  them  sett  his  hand  to  the  paper,  &  they  were 
then  obliged  to  bring  two  young  Men  to  wittness  what  they 
own,  the  other  two  Sachems  mencond  in  that  Agreem*  are 
dead,  but  these  Sachems  that  appeard  obligd  themselves  to 
bring  y6  Successors  of  those  deceased  to  Mr  Pawling,  to 
whom  it  is  referred  to  give  full  answer  to  ye  rest  of  this 
Article. 

2.  This  they  were  acquainted  with,  &  they  are  willing 


R-]  Collateral  and  Illustrative  Documents  279 

to  turne  the  Sword  into  a  Plow  sheare,  Only  in  regard  their  CoL  MSS« 

3          £  22:99 

Lotts  are  not  measured  out  to  them  yett,  &  the  little  ground    (NYSL) 
they  manure  at  present,  bringing  in  a  poore  Revennew, 
likely  to  discourage  new  Beginners,  it  is  humbly  desird  y*  September 
their  Provisions  may  be  continued  six  months  longer. 

3.  They  have  a  List  of  the  ffamilyes  of  the  three  Townes, 
wth  y6  number  of  them  that  are  able  to  beare  Armes. 

ffor  the  maintaining  the  Watch  at  the  Redoubt  it  is  imposd 
wholly  upon  Kingston,  the  other  Towns  being  exposd  to 
more  danger  from  ye  Indyans,  and  in  that  regard  may  very 
well  be  excusd  from  that 'Duty,  the  Scout  &  Comissaryes  are 
to  take  that  Charge  upon  them,  and  an  Order  is  drawn  up 
for  it. 

4.  The  former  Instructions  to  ye  Scout  &  Comissaryes 
are  these,  ffirst  to  renew  the  Pallizadoes,  &  place  them  at  ye 
extremity  of  the  Towne  where  ye  addition  is  to  be  made,  & 
to  open  the  Towne  in  the  middle. 

To  this  ye  Scout  &  Comissaryes  answer  that  they  doe 
repaire  the  Stockadoes,  &  that  they  conceive  the  Towne 
needs  noe  Enlargem*,  it  decreasing  in  people,  when  it  en- 
creaseth  they  will  be  very  ready,  which  will  if  now  be  a  very 
great  Charge  to  the  few  Inhabitants. 

Secondly  ye  place  of  Buriall  was  to  be  impald,  this  hath 
been  altogether  omitted,  &  the  Towne  fyn'd  for  it  50  Skepples 
of  Wheat. 

(For  the  impaleing  a  place  for  a  Towne  House  there,  they 
conceive  it  a  mistake,  they  have  a  Towne  House  already, 
standing  conveniently  within  ye  Towne. 

Thirdly  to  Drayne  the  Morasse. 

This  hath  been  omitted,  but  an  Order  is  drawn  up  under 
a  penalty  to  have  it  suddenly  done. 

Lastly  for  the  (Fence,  when  any  come  to  live  on  the  other 
side  they  are  ready  to  obey  that  Command. 


280  Province  of  New  York 


Col.  MSS.      5.  6.     They  have  viewd  both  Lands  but  noe  Patents  were 
(NYSL)    producd  though  enquird  after. 

7.  A  Patent  was  granted  to  Capt  Chambers  for  Coll 
September  Nicolls  of  the  Land  here  men  coned,  &  was  never  surveyd, 

Soe  wee  cannot  give  any  Acco*  of  it;  his  other  Patents  wee 
have  seen,  and  judge  them  to  be  indifferently  measurd. 

8.  Capt  Chambers  doth  absolutely  refuse  to  meddle  with 
it,  'twas  offerd  to  others,  but  none  accepted  it. 

9.  An  Order  is  publishd  to  redress  it. 

10.  The  Excise  was  offered  to  ffarme,  but  noe  person 
comeing  neer  the  vallue  it  is  continued  as  before;  ffor  the 
last  yeares  Income,  they  have  ye  Scouts  Accot 

11.  An  Order  is  publisht  concerning  it. 

12.  Mrs  Broadhead  hath  100  Acres  allotted  her. 

13.  They  have  chosen  Mr  Christopher  Berisford  Chiefe 
Magistrate  over  Hurley  &  Marbleton  who  is  to  Govern  by 
English  Lawes,  there  is  likewise  chosen  two  Overseers  in 
each  Town  under  him. 

The  Instructions  they  left  for  Mr  Beresford  till  yr  Honors 
further  directions  are  as  followeth. 

Whereas  you  are  chosen  by  ye  rest  of  the  Commission1"8 
Chiefe  Magrate  over  Hurley  &  Marbleton,  You  are  to  observe 
these  Instructions  following;  If  any  Order  or  Command 
shall  be  directed  to  you  from  his  Honor  ye  Governour,  con- 
cerning those  places  committed  to  your  Charge,  You  are 
speedily  to  Obey  them,  which  you  may  the  better  doe  by 
the  help  of  y6  Overseers  in  each  Towne,  whom  you  have 
power  to  Command  in  any  thing  that  concernes  the  Execu- 
tion of  yor  Office.  If  any  difference  ariseth  between  ye 
Inhabitants,  you  are  to  give  them  a  speedy  Decision,  not 
regarding  partyes  but  ye  merritt  of  ye  Cause,  And  you  are 
likewise  to  take  the  same  Care  that  the  Overseers  doe  their 
Duty,  in  whatsoever  they  are  cornanded  in  relation  to  their 


Collateral  and  Illustrative  Documents  281 


places.     You  are  to  Governe  by  English  Lawes  which  will  CoLMSS. 
speedily  be  sent  you;  &  as  you  are  obliged  to  preserve  the    (NYSL) 
peace  as  much  as  you  can  between  particular  persons,  soe 
you  must  endeavour  that  those  Townes  coinitted  to  your  September 
Charge  may  well  agree  among  themselves,  and  both  wth 
Kingston;  And  that  you  take  away  all  Obstructions  from  that 
Trade  or  Correspondency  You   have  with   ye  Indyans,  & 
give  his  Honr  the  Governour  an  Accompt  of  whatsoever  you 
judge  considerable  by  the  first  Opportunity. 

14.  An  Order  is  publiahd,  &  ye  Officers  nam'd. 

15.  Three  Places  of  Rendevouz  are  appointed,  ye  first  in 
the  middle  of  Marbleton,  ye  second  at  Halfe-way  Ground, 
the  third  at  Hurley. 

1  6.     An  Order  is  publishd  for  it. 

17.     An  Order  is  publishd  for  it. 

1  8.  19.  20.  21.  Mr  Henry  Pawlling  is  made  the  Officer 
over  the  Indyans,  and  those  foure  particulars  fall  under  his 
care. 

His  Instructions  are  as  followeth.  — 

Whereas  you  are  chosen  an  Officer  over  the  Indyans,  you 
are  strictly  to  observe  the  above  written  particulars,  and  not 
to  make  your  own  Interpretations,  but  to  follow  precisely 
the  Letter  of  those  Articles;  And  you  are  not  hereby  anywayes 
empowered  to  prevent  or  hinder  ye  Trade  of  any  person 
with  the  Indyans,  or  give  any  cause  of  just  complaint,  but 
to  carry  your  selfe  answerable  to  the  Trust  reposed  in  you; 
And  in  case  of  any  disturbance  or  Riott  among  the  Indyans, 
that  may  Endanger  the  publique  quiet,  You  are  to  repaire 
to  the  next  Magistrate  in  that  Towne,  &  consult  with  him 
or  the  rest  of  the  Magistrates  what  is  best  to  be  done  for*yor 
assistance  &  the  keeping  of  y6  publicp  peace;  And  you  are 
likewise  to  performe  the  remaining  part  of  the  first  Article 
in  the  Generall  Instructions,  and  send  an  Acco*  thereof  to 


282  Province  of  New  York 


Col.  MSS.  his  Honor  ye  Governour,  as  likewise  of  any  thing  of  Moment 
(NYSL)    concerning  the  Indyans  by  the  first  Opportunity. 

22.     The  Souldiers  are  acquainted  &  well  pleased  with  it. 
September      23.     This  is  to  be  Regulated  as  in  Long  Island.     And  it  is 
desir'd  a  Coppy  of  the  Lawes  may  be  sent  them. 

24.  This  is  willingly  obeyd,  &  they  humbly  desire,  that 
in  this  and  in  all  other  your  Commands  yor  Honor  would  be 
pleasd  to  accept  of  their  Endeavor? 

Signed1—  Ralph  Whitfeld  pr' 
John  Manning 
Thorn:  Chambers 
Wm  Beckman 
Christoph:  Beresford 
Henry  Pawling. 

c-  A-  The  Governor  Lre  to  Esopus. 

2  :  476     ~     _ 

(NYSL)     Gent. 

1669/70  I  make  use  of  ye  first  oppertunity  aftf  ye  opening  of  y6 
Mar*  XI  Ryver  to  recomend  to  yo?  care  ye  Ordr.s  &  Instructions 
already  giuen  yo?  by  my  selfe  or  left  wtl?  yo?  by  ye  Comr? 
I  sent  as  to  ye  goeing  forward  w^  ye  New  Dorpe  or  oth? 
matt1?  relating  to  yo?  in  Genr!!  Intending  to  visitt  yo?  in  a 
short  tyme,  &  to  bringe  a  Surveyor  wt!?  me  to  lay  out  yor. 
Lands  before  y6  grasse  growes  too  high,  when  I  hope  to 
fynde  yo?  forwardness  according  to  Expectation,  what  is  to 
be  done  on  my  parte  for  yo?  Encouragem*.3  yo"  may  confi- 
dently promise  yo?  selues,  So  wishing  yoH  good  successe  I 
remaine 

YoT  Very  Loving  freind 

Fran  Louelace 
Fort  James  in  New  Yorke 
this  ii11?  day  of  March  1669. 

»  These  names  are  so  written  by  the  secretarial  hand. 


Collateral  and  Illustrative  Documents 


283 


I  Expect  to  heare  from  you  by  y6  next,  how  affaires  stand      c-  A. 
}?  yo"  in  Relacon  to  ye  Indians  about  ye  Peace  (ifYSL) 


To  Mr  W^  Beeckman 
Mr.  Xpofer  Berisford  & 
Mr  Henry  Pawling 


In  Kingston 
At  Esopus 


1669/70 

Mar.  ii 


A  Comission  to  Capt"  Dudley  Lovelace 
&  at  for  ye  surveying  &  laying  out  seuerall 
Lotts  of  Land  at  ye  Esopus  &c 


C.A. 
2:481 

(WYSL) 


Francis  Lovelace  Esq?  &c  Whereas  y*  bounds  &  Lymitts  1669/70 
of  y6  Townes  at  Esopus  That  is  to  say  of  Kingston  Hurley  & 
Marble  Towne  haue  not  hitherto  beene  sufficiently  layd  out 
&  ascertained  neith^  hath  a  division  as  yett  beene  made  of 
ye  perticuler  new  Lotts  &  some  of  y6  prtenders  to  y6  old 
Lotts  laying  clayme  to  greater  quantityes  of  Land  then  is 
graunted  to  them  in  their  Patents  or  Ground  breifs  y6  w*h 
requires  an  inspection  thereinto  &  a  due  Regulation  thereof, 
To  y6  end  theise  seuerall  matters  may  be  y6  better  concluded, 
I  haue  thought  fitt  to  nominate  constitute  &  appoint  &  by 
this  my  speciall  Comission  doe  nominate  constitute  &  appoint 
you  Capt1?  Dudley  Lovelace,  Capt?  Jaques  Cortileau  Mr. 
William  Beeckman,  M*  Christopher  Berisford  &  M'  Henry 
Pawling  to  be  Com?3  to  inspect  y6  surveying  &  laying  out 
y6  seuerall  Lotts  in  ye  Esopus  &  to  ascertaine  y6  bounds  & 
lymitts  of  ye  respectiue  Townes  as  also  to  regulate  affayres 
there  according  to  such  instructions  as  I  shall  herew*h  giue 
yoH,  of  w?h  said  Com!8  yo1?  Capt1?  Dudley  Lovelace  are  to 
be  prsident,  &  any  of  you  to  be  a  Quorum  You  are  upon 
yor  arivall  to  acquaint  ye  Inhabitants  of  each  Towne  w*h  this 
my  Comission  y*  w?h  you  are  to  prosecute  w^h  all  care  & 


284  Province  of  New  York 


c/  A.  dilligence,  And  as  yo"  shall  see  cause  where  you  fynde  any 
(NYSL)  difficulty  in  ascertaining  ye  old  or  laying  out  ye  new  bounds, 
yo"  may  call  before  yo"  any  person  or  persons  to  receiue 
Mar.  17  information  from  them  touching  ye  same,  &  for  ye  clearing 
of  ye  truth  administer  an  Oath  unto  them  or  any  of  them 
(ye  w?h  oath  yo"  are  hereby  empowred  to  giue)  And  what- 
soeuer  yo"  or  so  many  of  yo"  as  shall  make  a  Quorum,  shall 
lawfully  Acte  or  doe  in  prosecution  of  this  my  speciall  Comis- 
sion  this  shall  be  to  yoV  &  euery  of  you  a  sufficient  warrant 
Given  und?  my  hand  &  sealed  w*h  ye  Seale  of  ye  Province 
at  ffort  James  in  New  Yorke  this  if^  day  of  March  in  ye 
22*h  yeare  of  his  Ma*ies  Raigne  Annocp  Domini  1669. 

[Francis  Lovelace.] 


Col.  MSS.  Instructions  for  Captain  Dudley  Love- 

(NYSL)  lace,   Mr   Jaques    Curtilleau    &    the 

rest  of  ye  Comners  for  the  Affaires 
at  Esopus  and  the  New  Villages 
adjacent. — 

Inprimis  y*  the  Precincts  of  every  Towne  be  justly  Stated, 
according  to  their  severall  Patents,  and  that  the  particular 
Lotts  be  laid  out  as  the  ground  falls  out,  onely  in  case  a 
larger  proportion  of  vile  Land  or  Swamps  shall  happen  to 
one  Mans  Share,  That  then  it  be  in  the  Breast  of  the  Coinnrs 
to  make  some  Addition  of  good  Land  over  &  above  his 
allowance  specifyed  in  his  Ground-Briefe,  otherwise  each 
man  must  be  contented  with  his  Lott  as  it  falls  out. 

2.  That  after  ye  exact  Bounds  of  Kingston  is  laid  out, 
that  there  is  to  begin  ye  Boundaryes  of  Hurley,  and  where 
that  terminates,  Marbleton  is  to  begin,  &  soe  ye  Lymitts  of 
that  to  be  sett  out  as  farr  as  that  extends  towards  the  Indyans, 
wch  beare  as  I  suppose,  South. — 


Fx']  Collateral  and  Illustrative  Documents  285 

3.  That  noe  persons  have  noe  more  Land  laid  out  but  C01-  MSS- 

.  22  '•  99 

what  is  comprized  in  their  Patents,  and  the  Souldiers  their  (NYSL) 

Proportion.  i66Q/7o 

4.  For  the  Washmakers  Land  I  shall  referr  you  to  y*  Mar.  24 
particular  Instructions  of  his  Royall  Highnes  wherein  you 

are  to  use  Mr  Styvesant  wth  all  the  flavour,  soe  that  it  preju- 
dice not  ye  Townes. 

5.  That  Mre  Broadhead  be  accomodated  at  Marbleton 
and  have  the  first  choice  of  her  Lott. 

6.  That  ye  Land  that  ^belongs  to  Mr  Varlett  be  Surveyd, 
&  noe  more  allowed  but  what  is  comprisd  in  his  Pattern. 

7.  The  like  for  Thomas  Hall,  who  under  the  prtence  of 
150  Margen  layes  Claime  to  about  300,  but  if  the  occasion 
of  that  Patent  were  throughly  Inspected,  it  would  appeare 
hee  has  little  or  noe  pretentions  to  it  at  all. 

8.  There  is  a  Tract  of  Land  by  y6  Cale  Berge  which  I 
purpose  to  improove  for  a  (Feeding  ground,  which  I  would 
have  you  to  survey,  &  give  mee  an  Acco*  of  it,  it  is  called 
the  Butter  ffield.  —  Mr  Pawling  will  direct  you. 

9.  That  such  strict  Rules  be  left  to  ye  Planters  to  finish 
their  severall  Lotts,  that  whosoever  compleats  not  the  ffence 
of  his  Lott,  &  improves  the  Land,  shall  make  a  forfeiture 
of  it,  if  it  be  not  Inclosed  within  one  yeare. 

10.  That  you  review  all  ye  Instructions  sent  to  the  Com- 
missioners for  the  regulateing  the  Affaires  the  last  yeare,  & 
to  give  mee  an  Acco*  where  the  non  performance  lyes. 

1 1 .  That  all  be  compelld  to  settle  in  Townes,  except  one 
I  have  given  Lycense  to,  who  in  regard  hee  lives  between 
Hurley  and  Marbleton  may  be  of  convenience  to  Travellers, 
and  make  a  Nearer  Correspondence  between  the  two  Towns. 

12.  That  in  regard   many  occurrences  may  arrise,  wch 
will  be  impossible  for  mee  to  foresee,  here  therefore  you  are 
at  Liberty  to  take  any  thing  into  debate  that  may  conduce 


286 


Province  of  New  York 


ra 


Col.  MSS.  to  advantage  of  ye  Publicp  though  not  expressed  in  these 
(NYSL)  particular  Instructions  according  to  your  prudence  &  Con- 
166  /7o  science>  Nevertheless  soe  that  it  be  not  obligatory,  till  it 
Mar.  24  receive  my  approbation  and  Confirmation. 

13.  Lastly  that  haveing  done  yor  utmost  Endeavours  for 
the  regulateing  and  settling  the  Affaire  at  the  Esopus, 
according  to  these  &  other  Instructions  deliverd  you,  and 
noe  new  matter  ariseing  worthy  your  Attendances  that  then 
you  break  off,  and  each  Commissioner  repaire  to  their 
severall  other  Employments,  rendring  mee  a  just  Acco*  of 
all  Transactions  in  the  prosecution  of  this  my  Commission 
directed  to  you.  Given  under  my  Hand  this  24th  of  March. 
1669.  Francis  Lovelace 


Towne 
(NYSL)        Kingston  in 

1670          Es°Pus 
Mar.  30 

to 
Apr.  ii 


There  being  present 


At  a  Speciall  Court  held  there  by 
vertue  of  a  Commission  from  his 
Honour  ye  Governour  for  Setting 
out  the  Boundaryes  of  Kingston, 
Hurley  &  Marbleton;  &  for 
Regulateing  the  affaires  of  these 
places  and  ye  parts  adjacent  — 
Die  Mercurij  viz*  30™  die  Martij 
Anno  Regni  Caroli  2*?'  Dei  gra 
Angliae,  Scotiae  Franciae,  et  Hit3- 
niae.  Regis.  Fidei  Defensoris  &c: 
xxijd?  Annoqp  Dm  1670. — 

Capt  Dudley  Lovelace   Presid* 
Capt  Thorn:  Chambers 
Capt  Jaques  Curtelliau 
Mr  William  Beakman 
Mr  Christoph:  Berrisford 
Mr  Henry  Pawling  — 


Collateral  and  Illustrative  Documents  287 


It  is  this  day  Ordered  that  ye  Lands  of  Thorn:  Hall  &  Col.  MSS. 

J  J  22 1 99 

Nicholas  Valett  cont  about  44  Acres — 150  Rodd  lyeing    (NYSL) 
upon  the  first  great  piece  of  Land  next  Hurley  is  Elapsd  & 
forfeited ;  by  reason  ye  Patent  for  it  was  not  renewd  according    Mar.  30 
to  the  Law  in  that  behalfe  provided.     And  that  Mr  Jaques    Apr?n 
Curteleau  doe  Survey  the  same,  and  as  hee  findes  the  Extent 
of  it  to  make  report  thereof  to  the  Governour. — 

It  is  this  day  Orderd  that  Matthias  Blanchan  shall  have 
in  Liew  of  foure  Acres  of  Meadow  which  hee  setts  over 
to  the  use  of  Marbleton,  foure  Acres  of  Wood  Land 
elsewhere. 

The  like  is  orderd  for  all  the  rest  who  have  subscribed  to 
the  Transport  hereunto  annexed :  And  that  they  choose  out 
the  said  Wood  Land  which  is  to  be  in  Liew  of  their  other 
soe  disposed,  where  they  shall  judge  fitt.  And  they  are  to 
repaire  to  the  Chiefe  Officer  of  their  Towne  for  a  Confir- 
mation thereof. 

Coppy  of  the  Transport  of  ye  Inhabitants 
of  Hurley. — 

Wee  the  Inhabit18  of  ye  Towne  of  Hurley  in  the  Esopus 
whose  Names  are  underwritten,  doe  remitt  &  Sett  over  unto 
his  Honr  Cott  Franc:  Lovelace  the  Governour  the  severall 
parts  and  parcells  of  Land  contained  in  a  Schedule  annexed 
to  dispose  of  it,  for  the  better  provision  of  Marbleton.  And 
the  Commissioners  for  ye  Setting  out  y6  Boundaryes  and 
Lymitts  of  ye  Townes  aforesaid,  are  desired  to  take  care  that 
the  severall  parcells  of  Land  soe  given  by  us,  may  be  disposed 
of,  to  the  Pretenders  &  Inhabitants  of  Marbleton,  there 
being  not  Land  enough  thereunto  belonging  to  satisfy  them 
according  to  the  Grants  given  them  by  the  Authority  of  the 
Governour. 


288  Province  of  New  York  [Nx°-] 


CoLMSS.  Acres 

(NYSL  Signed  —  Thomas  Delavall [blank] 

i6  Q  Lambert  Heybertsen 12 

Mar.  30  Roeleff  Swartwout •  4 

Apr.  n  Lewijs  de  Boijs '•;'•'.£ 

John  Joesten a 

Cornells  Winecoop 10 

Matthias  Blanchan 4 

Copia  vera  Garrett  Fokar .*   6 

Jo  Clarke  Cler:  Cur:         Albert   Heymens 8 


Vpon  the  humble  Request  of  Mr  Cornelius  Winecoop  the 
Commissioners  doe  unanimously  agree  that  the  said  Cor- 
nelius Winecoop  shall  have  Liberty  to  lay  his  two  parcells 
of  Land  scituate  in  Hurley  into  one  ffarme,  upon  consid- 
eracon  that  hee  allowes  and  setts  over  ffive  Morgan  of  Land 
to  the  assistance  of  Marbleton;  hee  likewise  rendring  up 
againe  one  of  the  Home-Lotts  at  Hurley  to  be  disposed  of 
as  the  Commissioners  shall  think  fitt. 

The  Coin1"8  have  granted  the  said  Homelott  to  one  ffrancois 
La  Ceire  of  Hurley  to  build  there  in  the  place  and  stead  of 
Cornelius  Winecoop. 

Ordered  that  Capt  Jaques  Curteleau  be  desired  to  begin 
to  Morrow  being  the  last  of  this  instant  March  to  sur- 
vey the  Land  belonging  to  the  Towne  of  Hurley  at 
the  North  West  Line  which  Terminates  the  Extent  of 
Kingston;  and  soe  onwards  towards  Marbleton  soe  farr  as 
the  Patents  will  reach,  and  to  make  report  to  the  Commis- 
sioners what  quantity  of  Land  is  therein  contained,  at  their 
next  Meetting. 

Capt  Jaques  Curteleau  was  this  day  sworn  Surveyour  in 
open  Court. 


[Hx]  Collateral  and  Illustrative  Documents  289 


Register.  C° 

6  22 : 99 

(NYSL) 
Of  all  the  Lands  granted  by  ye  Authority 

of  his  R:  H.  lyeing  within  the  Precincts  of  «l67° 

'        6  Mar.  30 

KINGSTON.  A  t° 

Acres.         Rod    Apn 

RoulofF  Swartwout 4  =    560 

Evert  Pells 180  =     ... 

Widdow  Jacob  Hop 85  =     122 

Wallrave  de  Mount 8  = 

Edward  Whittacre . . .  ? 56  = 

j  Edward  Whittacre  } 

\  Thomas  Matthews  )  * 

Hendrick  Joakims 32  = 

Jacob  Hopp 72  = 

Heere  Petrus  Steyvesant 92  = 

Mr  Jeronomyas  Ebbings 1000  = 

Capt  Thomas  Chambers 10  =    390 

More  in  y*  same  Patent 34  =      82 

Capt  Thorn:  Chambers 6  =     180 

Capt  Thorn:  Chambers 9  = 

Capt  Tho:  Chambers 10  =    230 

Capt  Tho:  Chambers 74  =    451 

Capt  Tho:  Chambers 52  =      30 

More  purchased 24  =      80 

Jan  Barents  Kunst  now  of  Hurly 24  =    460 

Register 

Of  the  Patents  granted  to  the  Inha- 
bitants of  the  Towne  of 

HVRLEY 

Acres.         Rod 

Co[r]nelius  Winecoop 24  =    450 

Cornelius  Winecoop  more 48  =    580 

[19] 


290  Province  of  New  York  [Nx  ] 


Co1-  MSS.                                                                            Acres.  Rod 

22:  99 

(NYSL)        Thomas  Hall 10  =  500 

j  Arian  Hybertsen 25  =  450 

Mar.  30      [  Arian  Hybertsen  more 17  =  400 

Apr.  ii        Capt  Delavall  by  Transport  from  Gosen 

Garetson 18  —  250 

Capt  Delavall  more  from  ye  same  Man ...  48  =  460 

Philip  Pieters  Schijleen  * 16  =  250 

More  the  same  Man 50  =  440 

Albert  Heymensen 10  =====  500 

Lewis  de  Boys 24  =  450 

Lewis  de  Boys  more 16  =»  408 

Matthias  Blanchan 16  =  248 

More 24  —  450 

Antho:  Crippell 16  =  350 

Volcaert  Jansen 18  =  250 

More 40  =  460 


Vltimo  Martij. 

The  Presidfc  employd  the  Surveyor,  &  all  other  persons 
concerned  to  measure  the  first  Great  piece  of  Land  next 
Hurley  containing  by  Estimation 300  =  ooo: 


Primo  Aprilis. 

They  also  survey d  ye  2d  piece,  cont 420  =  ooo: 

The    Surveyour    alsfo]    makes    Report )  0 

«7    i        i        T      j  •  ?•        148  =  ooo: 

that  the  Wash-makers  Land   contames .  .  j 

»Schuyler. 


Collateral  and  Illustrative  Documents  291 


Easter  Eve  — 

Whereas  John  Joesten  of  Marbleton  Husbandman  hath 
putt  in  his  Clayme  or  Pretence  to  two  parcells  of  Land  con-  r  30 
taining  fourty  foure  Acres  &  150  Rod,  by  vertue  of  a  Bill  of  to 
Sale  formerly  granted  to  him  from  Thorn:  Hall  and  Nicholas 
Valett  deceased,  whose  Patent  could  not  be  produced  by 
reason  'twas  then  (as  hee  altedged)  in  ye  Office  of  Records 
at  New  Yorke;  The  Comners  have  therefore  upon  serious 
&  mature  deliberation  thought  fitt  to  lay  out  the  quantity 
of  Land  aforesaid  upon  the  second  great  piece  adjoyning  to 
y6  Bounds  of  Hurley;  And  yfc  Mr  Jaques  Curteleau  doe  make 
Report  thereof  to  his  Honor  the  Governour,  that  upon  sight 
of  his  Patent,  hee  may  possess  &  Enjoy  the  said  parcells  of 
Land  accordingly. 

Orderd  yt  ye  Bounds  between  Kingston  &  Hurley  East- 
ward doe  beginne  at  ye  ffoot  of  the  Hills  upon  y6  Easterly 
side  of  Premakers  Land,  &  then  running  from  the  Hills 
along  the  great  Creek  to  the  East  end  of  the  Washmakers 
Land  directly  to  ye  Woods,  &  then  with  a  North  West  Line 
thorow  the  Woods  to  a  certaine  Creek  commonly  calld  & 
known  by  y6  name  of  the  Redoubt  Creek  or  Kill. 

Orderd  yt  ye  Bounds  between  Hurley  and  Marbleton  do 
begin  at  the  ffoott  of  the  Hills  all  along  the  great  Creek 
between  the  first  and  second  piece  of  Land.  Hurley  Include- 
ing  the  first;  Marbleton  the  second.  And  then  with  a 
North-West  Line  from  the  nearest  part  of  that  Creek  to  ye 
place  of  Rendevouz,  cleare  thorow  ye  Woods  to  the  Redoubt 
Creek  or  Kill  as  in  the  other  Boundary. 

In  persuance  of  an  Order  made  y*5  3Oth  of  March  last 
past,  Capt  Jaques  Corteleau  doth  report  to  the  Comre 
that  hee  hath  surveyed  not  only  all  y*  Lands  given  by 
Patent,  but  also  those  promised  to  ye  Souldiery;  And 
findeing  ye  quantity  thereof  to  fall  short  of  expectation. 


292  Province  of  New  York  [Nf  ] 


Col.  MSS.  To  the  end  therefore  that  y6  Townes  of  Hurley  &  Mar- 

CNYSL)    bleton  may   be   supplyed  with  good  &  valluable  Land  to 

give   each  Man  content  as  near   as  may  be;   The  Coinrs 

Mar.  30    have  thought  fit  to  Sett  over,  and  by  this  Speciall  Order 

Apr.  ii    have  sett  over  soe  much  of  the  Washmakers  Land  to  the 

Inhabitants  of  Hurley,  as  by  the  Survey  doth  appeare  to 

fall  short  in  that  Precinct. 

Vpon  a  Motion  made  by  Capt  Thorn:  Chambers  & 
seconded  by  Mr  Henry  Pawling;  It  is  this  day  orderd  that 
the  Washmakers  Land  be  divided  into  two  equail  parts, 
The  one  moiety  to  be  recommended  to  his  Honr,  to  be  Granted 
to  M'  Petrus  Styvesant  in  persuance  of  his  R  Hs  his  Direc- 
tions; &  fourty  Acres  of  the  other  Moiety  to  Captn  Thomas 
Delavall  towards  the  satisfaction  of  his  Patent,  hee  being 
excluded  the  second  piece;  The  Overplus  containing  34 
Acres  is  hereby  more  especially  recommended  to  be  dis- 
posed of,  to  his  Brother  Capt  Dudley  Lovelace  in  com- 
pensation of  the  great  care  &  paines  hee  hath  taken  in 
laying  out  the  Lands,  and  settling  the  Affaires  of  these 
parts  to  the  Generall  Content  &  satisfaction  of  all  partyes 
concernd  herein. 

This  day  ye  Presid*  gave  Ordr  to  y6  Minr  or  ffore-Leser 
to  pray  publiquely  the  day  following  (being  Easter  day)  and 
soe  from  time  to  time  hereafter  for  the  Kg,  Queen  his  R.  ffi 
ye  D:  Yorke,  &  all  y6  Roy11  ffamily,  wch  was  obeyd 
accordingly. 

Munday.  April:  4?h; 

The  Comnrs  fell  into  debate  about  settling  y6  Militia, 
but  findeing  noe  Commission  Officers  already  establisht 
Thought  good  in  obedience  to  his  R:  H?  Lawes;  &  the 
Governore  Instructions,  to  Nominate  Mr  Henry  Pawling 


Collateral  and  Illustrative  Documents  293 


Capt,    Mr    Christopher    Beresford    Lievten*,    John    Biggs  CoL  ^  ss- 
Ensigne  to   be  Officers  for  the  time  being,   and   to  raise    (NYSL) 
and    exercise,    the    Inhabitants   of    Hurley  &   Marbleton 
according  to  the  Discipline  of  warr;    Whereupon   Procia-    Mar.  30 
macon  was  made  by  Beat  of  Drum  according  to  the  War-    Apr?u 
rant  underwritten 

Your  are  upon  sight  hereof  to  give  notice  to  all  the  Inhabi- 
tants of  Hurley  and  Marbleton,  and  also  all  the  Pretenders 
to  the  Land  now  to  be  allotted  and  laid  out  for  them,  that 
they  appeare  in  Armes'at  the  Rendezvouze  appointed  the 
last  yeare;  and  that  you  cause  Samueil  Olliver  Serg*  or 
Albert  Heymens  or  either  of  them  to  read  the  Summons 
herewith  sent  you  by  beat  of  Drum  publicity  in  the  Towne 
of  Kingston,  and  afterwards  to  affix  the  same  upon  the  Doore 
of  the  Towne  Hall.  And  for  soe  doeing  this  shall  be  your 
sufficient  Warrant.  Given  under  my  Hand  at  Fox-Hall 
this  fourth  of  Aprill  1670. 

Signed.     Dudley  Lovelace  Preside 
To  Ensigne  Biggs  — 

Proclamacon  was  made  accordingly  by  Beat  of  Drum  & 
the  Souldiers  Lysted. 

The  Names  of  ye  Officers  &  Souldiers  appointed  to  be 
present  at  the  Rendevouz  at  Marbleton,  To  morrow  y6  5th  of 
Aprill  1670.  —  as  followeth.  viz* 


Officers 

(  Hen:  Pawling Capt" 

-(  Christo:  Berisford.  .Lievten* 

(  John  Biggs  + Ensigne 

j  Sam: Olliver  + Serg* 

(.  Albert  Heymensen .  .  Serg* 
Richd  Cage+ Drumm? 


Henry  Crump 
Fredr:  Pieterson 
Cornel:  ffinehold 
Gisbert  Crump 
Garret  Johnson 


294 


Province  of  New  York 


Col.  MSS. 
22:99 

(NYSL) 

1670 
Mar.  30 

to 
Apr.  ii 


Marbleton  Souldiers 

Thomas  Quynell  -\ 

Wittm:  Fisher  + 
John  Hendrick  + 
Geor:  Porter  + 
Fredr:  Hussey  + 
Joh:  Pound 
Edw:  Whittacre 
Thorn:  Matthews 
George  Hall 
Antho:  Cooke 
Antho:  Addyson  + 
Evert  Price  -f 
Thom:  Elgar 
Edwar:  ffrench 
Wm:Horton  + 
Rofct:  BickerstafFe 
Rofct:  Peacock + 
John  Reynolds  + 
John  Joesten 
Joesten 
Jacob  de  Wael. 


Hurley  Souldiers 
Paulus  Paulenson 
Jacob  Johnson 
Lewys  De  Boijs 
Araon  Tunijs 
Antho:  Crippell 
Lambert  Hyberts 
Wardenr  Hornbeck 
Garrett  Fokar 
Garrett  Corneliuson 
ffrancois  Le  Shiere 
John  Albertsen 
Arian  Albertsen 
Jacob  Carle 
Robert  Goldsberry 
John  Dihoth 
Arian  ffrancon 
Allard  Rose 
Arian  Rose 
John  Rose 
Pieter  the  Negroe 
Matthias  Blanchan. 


In  all  —  54. 


Tuesday  Aprill  5*h  1670. 

This  day  Capt  Pawlings  ffoot  Company  appeared  at  the 
Rendevouze,  where  they  were  musterd,  &  exercisd  in  their 
Armes.  The  President  also  caused  all  the  Laws  relateing  to 
Military  Affaires  to  be  read  before  them;  and  then  Marched 
them  with  fflying  Colours  to  the  Towne  of  Hurley,  and  there 
dismissd  them;  The  Colours  were  Lodgd  with  a  Guard  at 
the  Towne  Hall  in  Kingston;  Where  the  Souldiers  were  Com- 
manded to  appeare  next  day  in  Court  to  draw  their  Lotts. 


[Nx  ]  Collateral  and  Illustrative  Documents  295 


Wednesday  Apr:  6*h  Col.  MSS. 

22:99 
(NYSL) 
The  Comnrs  this  day  took  care  for  the  publishing  of  the 

Orders   for   the    Boundaryes    of  all    the    Three    Townes    MarJao 
Kingston,  Hurley  &  Marbleton,  causing  the  same  to  be  ffixt    A  rto 
upon  the  Towne  Hall  of  Kingston  to  publicp  view;  And  that 
noe  Man  might  plead  ignorance  of  the  same,  the  said  Orders 
were  also  published  and  affixed  in  the  Dutch  Language  by 
Order  of  the  President:    The  which  were  likewise  recorded 
in  the  Dutch  Register. 

This  day  also  ye  Comnrs  thought  fitt  upon  y6  Debate  of 
Mrs  Broadheads  Land  to  order  that  shee  according  to  his 
Honors  Instructions  should  have  the  first  choice  of  her  two 
Lotts;  whereupon  shee  pitched  upon  the  seaventh  & 
eighth  parts,  upon  the  first  peice  of  Land  belonging  to 
Marbleton. 

The  Commissioners  doe  order  that  Mr  Pawling  &  Mr 
Beresford  shall  have  three  Lotts  out  of  the  Land  belonging  to 
Marbleton,  to  be  divided  this  day  by  the  Commission™ 
aforesaid  by  vertue  of  the  Authority  granted  them  by  his 
Honour  the  Governour. 

Orderd  that  for  the  more  just  and  impartiall  distribution 
of  the  Souldiers  respective  parcells  of  Land,  whereby  there 
might  be  noe  murmuring  or  cavelling  on  any  side,  They 
should  submitt  to  draw  Lotts  for  y6  same:  And  the  Commis- 
sioners to  that  End  appointed  that  the  next  Childe  (or  that 
which  was  nearest  at  hand)  should  draw  the  Lotts  &  Num- 
bers out  of  two  Hatts,  and  as  they  are  drawn  to  deliver  each 
Lott  &  Number  to  ye  President  to  open,  &  publicity  to  read 
the  same,  and  Register  it  in  the  Journall. 

The  first  Lott  was  that  John  Hendrick,  Richard  Cage,  & 
Thomas  Quynell  should  have  each  10  Acres  of  Land  upon 
the  first  piece  of  Ground  belonging  to  Marbleton,  wch  was 
forthwith  Orderd  them  by  ye  Commissioners.  N°:  4. 


296  Province  of  New  York  [x°] 


Col.  MSS.      The  like  Order  for  —  Porter 
(NYSL)  Hussey      ^  N°  10. 

Addyson 
1670  J 

Mar.  30 

to  The  like  Order  for  —  Horton 

Apr.  ii 

Elgar 

Olliver 

The  like  Ordr  for  —  Peacock 

Price         VN°.    6 
Reynolds 

The  like  Ordr  for  —  Biggs 

Clinton 
ffisher 

The  Court  adjourns  till  2  of  Clock  in  ye  Afternoon. 

A  Paper  Delivered  in  to  ye  President  by ,•  •> 

tending  to  Sedition  &  Mutiny;  which  was  torne  as  a  scanda- 
lous Libell  repugnant  to  the  Lawes  of  this  Governm1,  and  the 
Authority  thereof. 

The  Comrs  proceeded  to  draw  ye  rest  of  the  Lotts  (14) 
for  divideing  ye  2d  piece  of  Land  belonging  to  Marbleton 
amongst  the  Souldiers  by  the  same  Rules  of  proceeding  as  in 
the  Morning. 

This  being  done  'twas  Orderd  that  (according  to  the 
Chance  of  the  Lotts)  Corporall  Biggs,  Wm  ffisher,  &  Clinton 
Maund  should  have  20  Acres  a  piece  on  the  3d  Styck.N?  15.  16. 

The  like  Ordr  for  Jo:  Hendrick,  Cage  &  Quynell  .N<?  19.  20- 

The  like  Ordr  fo/Elgar,  Olliver,  Horton N°  n.  12. 

The  like  Ordr  for  Hussey,  Addyson,  Porter  ... .  .N?  17.  18. 

The  like  Ordr  for  Peacock,  Price,  Reynolds N<?  13.  14. 

This  day  upon  ye  humble  Request  of  RotSt  Bickerstaffe, 
setting  forth  severall  Reasons  thereunto  moveing  him,  to 
yield  up  his  Right,  Title  &  Interest  of  all  the  Land  allotted 


f  x°]  Collateral  and  Illustrative  Documents  297 


him  within  the  precincts  of  Marbleton,  The  Court  doth  Co1-  Mss- 
Order  that  Clinton  Maund  haveing  formerly  had  a  Promise    (NYSL) 
from  his  Honour  the  Governour  be  Inserted  in  the  Roome 
of  Robert   Bickerstaffe   aforesaid,   and   receive,   possess  &    Mar.  30 
Enjoy  the  same  parcell  or  parcells  of  Land  if  his  Honor  the    Apr.  n 
Governour  think  fitt  to  confirme  the  same. 

Also  upon  y*  Request  of  John  Pound,  setting  forth  severall 
reasons  thereunto  moveing  him  to  yield  up  his  Right,  Title 
&  Interest  of  all  the  Land  allotted  him  within  the  precincts 
of  Marbleton,  the  Court  doth  order  that  Wm  that  Wittm  [sic] 
ffisher  be  Inserted  in  the  Roome  of  ye  said  John  Pound,  & 
receive,  possess,  and  Enjoy  the  said  parcell  or  parcells  of 
Land  to  the  use  of  him  and  his  Heyres  forever;  If  his  Hon? 
the  Governour  shall  think  fitt  to  confirme  the  same. 

Ordered  by  y*  Court  that  y6  Land  upon  ye  first  &  second 
pieces  belonging  to  Marbleton  thus  divided  &  drawn  by  Lott 
as  aforesaid  for  the  use  of  the  Souldiers  be  forthwith  recom- 
mended to  the  Governour  for  his  allowance  &  confirmacon 
And  that  his  Honor  be  supplicated  in  their  Name  to  settle  y6 
same  by  Patent  to  them  &  either  of  them,  their  Heyres  & 
Assignes  forever:  And  that  his  Honor  would  be  pleasd  to 
send  them  halfe  a  yeares  provision  (now  due  to  them  as  they 
alledge)  and  their  Discharges  (as  they  were  promised  by  the 
first  convenient  Opportunity. 

Joest  Arian  haveing  this  day  given  to  Gisbert  Crump 
his  Home  Lott  lyeing  at  Marbleton,  the  Court  has  unani- 
mously orderd  and  Granted  that  the  said  Joest  Arian  be 
Releasd  from  that  Towne,  seeing  hee  has  gott  this  Gisbert 
aforesaid  to  supply  his  place. 

Thursday  Aprill.  7*h 

This  day  Mr  Christopher  Beresford  was  sworne  chief 
Magistrate  of  Hurley  &  Marbleton. 


298  Province  of  New  York 


Col.  MSS.      Also   Mr    Tohn    Biggs    was    then    sworne    Overseer    of 
22:99     ,,    ,,  J 

(NYSL)    Marbleton. 

Ordered  that  Mr  Christopher  Beresford  chiefe  Magrate, 
Mar.  30  John  Biggs,  Fredrick  Hussey,  Lewijs  de  Boys,  &  Albert 
Apr?  1 1  Heymens  Overseers  for  the  Townes  of  Marbleton  &  Hurley 
or  any  three  of  them  are  hereby  Empowered  &  Enjoyned  to 
settle  a  due  way  of  ffences  (improoving  &  preserving  such 
Common  ffields  and  the  ffruits  of  them)  as  lye  within  the 
precincts  of  the  Townes  respectively  where  they  dwell,  and 
the  said  Chiefe  Magistrate  &  Overseers  shall  from  yeare  to 
yeare  appoint  one  or  two  of  the  Planters  for  all  or  each 
Common  ffield  belonging  to  the  Townes  where  they  dwell, 
to  view  y6  Cofnon  ffences  within  their  Trust;  &  to  take 
notice  of  the  defect  thereof,  and  forthwith  to  acquaint  the 
Owners  with  the  same;  And  if  the  Owners  or  Occupyorsdoe 
not  make  or  repaire  ye  Common  ffences  proportionably  to  the 
quantity  of  land  allotted  them,  before  the  first  of  May  next, 
&  to  measure  the  said  (Fence  within  six  days  after  the  Date 
hereof,  That  then  upon  report  of  ye  Viewer  or  Viewers  soe 
chosen,  the  sd  Viewr  or  View*8  shall  renew  them  if  they  think 
fitt,  &  have  double  recompense  for  the  same  to  be  paid 
according  to  the  known  Lawes  of  this  Governm*  in  that  Case 
provided. 

Orderd  that  Capt  Henry  Pawling  be  appointed  Viewer  for 
the  measuring,  makeing  &  repaireing  all  Common  ffences 
within  the  precincts  of  Hurley  and  Marbleton,  and  that 
Albert  Heymensen  of  Hurley,  &  Fredrick  Hussey  of  Marble- 
ton  be  his  Assistants  for  the  measuring  of  it,  and  to  Attend 
the  said  Service  within  six  dayes  after  Notice,  upon  the 
penalty  of  twenty  shillings. 

Orderd  that  Capt  Pawling  be  appointed  also  Viewer  for 
the  measuring  and  Laying  out  of  the  Home-Lotts  and  Streets 
of  Hurley  &  Marbleton  exactly  and  regularly  according  to 
the  Draught  or  Plott  of  the  said  Townes  herewith  given  him. 


Collateral  and  Illustrative  Documents  299 


Whereas  severall  parcells  of  Land  are  broken  up  &  manurd  CoL  MSS- 

22:  99 

in  the  Bounds  of  Hurley  &  Marbleton,  before  the  Lotts  were    (NYSL) 
drawn  &  the  Land  apportioned;    It  is   orderd  that  if  any       j6  Q 
persons  Lott  falls  in  the  place  where  another  person  has    Mar.  30 
already  plowed  or  manured  as  aforesaid,  That  then  the  said    Apr.  u 
present  Possessor  (by  Lott)  shall  break  up,  manure,  &  bring 
into  soe  good  Tillage  the  like  quantity  of  Land  for  that 
person  who  soe  plowd  or  broke  up  the  Lott  as  aforesaid, 
upon  paine  of  forfeiture  of  his  Land  and  Patent. 

Upon  the  Speciall  Instance  and  Request  of  the  Inhabit13 
of  Marbleton  setting  forth  y*  great  necessity  of  erecting  a 
Bridge  at  Marbleton  to  pass  over  to  the  certaine  third  piece 
of  Land  called  y6  3d  Styck:  It  is  this  day  ordered  that  Capt 
Pawling  doe  take  care  for  the  Erecting  &  building  of  a  Bridge 
there,  &  to  take  to  his  assistance  Capt  Thomas  Chambers 
Surveyo*  Gen1!  of  his  Maties  High-Wayes  in  these  parts,  & 
to  make  the  Bridge  with  all  convenient  speed;  The  Labour- 
ers that  are  employd  therein  to  be  duely  paid  out  of  The 
Generall  Rate  assessed  or  to  be  assessed  upon  all  the  Inhabi- 
tants of  Marbleton  for  makeing  or  Building  the  Bridge 
aforesaid. 

The  Names  of  the  Persons  that  this  day 
in  open  Court  surrendered  up  their 
severall  parcells  of  Land  allotted  them 
in  Marbleton,  for  the  good  of  their 
Fellow-Souldiers. 

Anthony  Cooke 
Edward  French 
Thomas  Matthews 
Edward  Whittacre 
Copia  vera  George  Hall 

Jo  Clarke  Cler.  Cur.  Robert  Bickerstaffe. 


3OO  Province  of  New  York  [x°] 


Col.  MSS.       These  Men  did  then  Petition  to  ye  Comrs  that  (since  they 
(NYSL)    had  thus  given  up  their  Land  to  the  Enlargm*  of  their  ffellow 
Souldiers  proportions)  They  might  be  ffreed  from  Marbleton, 
as  also  that  they  might  have  their  halfe  yeares  provision  sent 
Apr?  ii    t^iem   down,   with   their   Discharges   from   his   Honor  the 
Governour.     The  Grant  of  wch  Requests  falling  not  properly 
under  the  power  of  the  Coin"  the  Presid*  thought  fitt  to 
recommend  the  same  to  his  Honor  ye   Governour  for  a 
Resolve. 

Friday  Aprill  8*h 

Vpon  the  request  of  Tijerck  Clausen  de  Wijt  (producing 
a  Grant  from  under  the  Hand  of  his  Honor)  the  Court  doth 
Order  that  hee  shall  have  Liberty  to  Build  a  House,  Barne  & 
Stable  between  Kingston  &  Hurley  upon  his  Land  (contain- 
ing sixten  Acres)  according  to  his  Grant,  And  that  hee  begin 
his  Building  within  fourteen  dayes  after  the  Date  hereof. 

The  Commission1"8  doe  also  agree  that  all  Persons  whatso- 
ever in  the  precincts  of  Kingston,  Hurley,  and  Marbleton 
shall  hold  and  Enjoy  all  Lands  and  Inheritances  granted 
them  by  Patent  or  Lott,  paying  in  Corne  Two  shillings  six 
pence  Quitt  Rent  annually  for  every  hundred  Acres  to  his 
Royall  Highnes  according  to  Law. 

Vpon  the  humble  Request  and  Petition  of  Robert  Golds- 
berry  tis  this  day  ordered  that  the  Peticoner  be  recommended 
to  his  Honor  ye  Governo1"  for  a  Patent  for  eight  Acres  of  Land 
lyeing  in  the  Mid-way  between  Hurley  &  Marbleton, 
according  to  an  Order  heretofore  made,  beareing  Date  the 
one  and  twentyeth  of  Septem:  1669. 

Vpon  Notice  given  that  Jacob  [blank]  refused  to  send  his 
Boat  and  Servant  to  attend  his  Ma*ies  Service,  the  Presid' 
Signed  a  Warrant  to  Impresse  the  same  according  to  Law 
Which  was  forthwith  obeyd  accordingly. 


Collateral  and  Illustrative  Documents  301 


Orderd  that  Jon  Joesten  and  his  Son  shall  be  recommended  C(^  MSS- 
to  the  Governour  for  y6  Grant  of  2  Lotts  of  Land  lyeing    (NYSL) 
upon  the  3d  great  Styck  —  N°  23.  24. 

Report  given  in  touching  the  Excise  at  Hurley  by  Mr    Mar.  30 
Berrisford.  Apr?n 

Vpon  Tappets  Excise,  (viz*  from  the  first  of  Jan^  to 

this  day)  at  14  Guildre  the  Anko?  3  Ankors 42  :  oo 

Marbleton 00:00 

Report  given  by  Mr  Beckman  of  the  Excise  at  Kingston 
extracted  out  of  his  booke. 

Aug:  10. 

1669  Guild"  Sri. 

Inprirri;      Given  in  by  Hen:  Pawling  5  Auk"  \ 

Rum,  at  14  guild1*  f*  Ankor j  ^° 

Sept:  ii.  By  Matthias  Blanchan.  I  Ankr  Wine. .  14  = 

16:  Mre  An:  Broadhead. . .  2  Ank:  Rum. .  28  = 

Oct:   25.  Mr  Wm  Beckman 2Ank:Brandy.  28  = 

Nov:    6.  Mr  Beckman  . . .  i  Ank:  French  wine.       8  = 

Nov:  ii.  Mr  Mat:  Blanchan i  Ank:  Wine.  14  = 

13.  Mr  Geor:  Hall i  Ank:  Brandy.  14  — 

22.  Rouloff  Swartwout I  Ank  JWine.  21  = 

Ditto.        Rouloff  Swartwout . . . .  I  Tun  Beere. .       8  = 

Decem:  2d  y6  sd  Swartwout I  Ank:  Wine.  14  = 

Decem:  8.  ye  sd  Swartwood I  Ank:  Wine.  14  = 

Decem:  ii.  Mr  Matt  Blanchan. .  2  Ank:  Wine.  28  = 

ii.  Rouloff  Swartwood . .  7  ffattsj  Beere.  28  = 

15.  The  said  Swartwood.  I  Ank: Wine. .  14  = 

23.  The  said  Swartwood .  J  Ank:  Wine. .       7  = 

24.  Mr  Mat.  Blanchan.  .  I  Ank  :  Wine.  14  — 
31.  Rouloff  Swartwood..  I  Ank:£Wine.  21  = 

Jan*?      8.     The  sd  Swartwood.  .  I  Ank:  Wine. .      14  = 
20.   Matth:  Blanchan.  . .  I  Ank:  Wine. .      14.  = 


302  Province  of  New  York  [Nx'J 


9 

(NYSL)     I    1669    J  [Guild"  Sti.] 

[Jan1?]    22.  The  said  Swartwood  i  Ank:Wine..  14  = 

ML.7°3o    FebT      12.  RowlofF  Swartwood..  2  Ank:Wine& 

Apr.  ii  i  Tun  Beer  36  = 

15.  Matt:  Blanchan.  ...  7  Ank:Wine.  .  98  = 

March      5.  Rouloff  Swartwood.  i  Ank:  Wine.  14  = 

18.  Walravende Mount.  2 Ank \ Brandy  35  = 


570 


Guild- 
Transported  from  ye  other  side 570 

2i.  Ditto.  John  Poppen .  . .  i  Ankr Brandy.      14 
Ditto.         Matth:  Blanchan.  .  7  Ank:  Wine.  .     98 

InToto  .  682 


Noe  other  public^  Debts  Levyed  since  the  Commission" 
were  here  last. 

Fredrick  Hussey  was  this  day  sworne  Overseer  for  the 
'Towne  of  Marbleton  &  the  Precincts  thereof. 

Lewys  de  Boys  was  also  this  day  sworn  Overseer  for  the 
Towne  of  Hurley  and  the  Precincts  thereof. 

Albert  Heymens  was  also  this  day  sworne  the  other  Over- 
seer of  Hurley  aforesaid. 


Saturday.  9*!*  Aprill. — 

Vpon  Reading  the  Peticons  of  Tierck  Claus  de  Wijt,  & 
Mr  Wm  Montania  setting  forth  that  his  Honor  the  Governour 
hath  given  them  a  Grant  for  the  Setting  up  of  a  Saw  Mill 


Opposite  p.  303. 


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il\S  />  trv?  t  etc*  "t  d  //t  C    /o  Jy^9  <•  t  a  lion  //c  t  r  cr  /  - 

'3/e/i tribal//  /L<?zf»  / 

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rfMt 


LAST  PAGE  OF  PROCEEDINGS  OF  THE  COURT  AT 
ESOPUS  (KINGSTON),  WITH  SIGNATURES,  1670. 


(Reduced  from  12%  by  8  inches.) 


[Nx°]  Collateral  and  Illustrative  Documents  303 


for  the  publiqp   Benefitt,  together  humbly  requesting  also  CoL 
that  ye  Com"  would  be  pleas'd  to  recommend  their  good    (NYSL) 
Intentions  to  his  Honour  for  the  speedy  Erecting  the  said 
Saw-Mill  some  five  Miles  North  from  the  Towne  of  Kings-    Mar.  30 
ton;   and  likewise  imploring  the  Grant  of  a  certaine  piece  of    Apr.  n 
Land  scituate  and  lyeing  a  mile  further  (called  Dead  Mens 
Bones)    upon    a    North    Line    Easterly    containing    about 
seaventy  Acres  for  the  sustentation  of  themselves  and  their 
Cattle,  being  soe  remote  from  the  Town  of  Kingston;   The 
Commission"  have  viewd  the  same,  &  referrd  the  Debate 
thereof  till  Munday  next. 

Vpon  reading  ye  Peticon  of  John  Osterhout,  Jan  Burhans, 
&  Cornelius  Vernoij  Husbandmen  of  ye  Towne  of  Kingston, 
alledging  that  his  Honor  the  Governour  hath  been  pleasd  to 
promise  and  Grant  to  them  a  certaine  Neck  of  Land  five 
Miles  distant  from  Kingston  or  thereabouts  over  the  Kill 
neare  the  ffoot  path  Leading  to  Albany  containing  by  Esti- 
mation fifty  foure  Acres  cleare  &  Good  Land.  The  Commis- 
sioners have  this  day  viewed  the  same,  and  have  referrd  the 
Consideration  thereof  till  Munday  next. 

These  five  persons  last  menconed  have  oblig'd  themselves 
to  Build  their  Houses  all  together  on  the  other  side  of  the 
Kill  due  North  from  the  Land  of  Capt.  Tho:  Chambers, 
intending  y6  same  for  an  In-Shipp  within  the  precincts  of 
Kingston. 

Capt  Chambers  desires  also  to  Build  a  House  for  a  Tenant 
within  two  Musquett  Shott  of  the  said  Innshipp.  And  also 
another  House  for  his  Son  in  Law.  All  which  are  referrd 
till  Munday. 

Munday.  Aprill  nth 

Ordered  that  the  severall  Pettcons,  viz*  of  Tijerk  Claus, 
Mr  Wittm  Montania,  John  Osterhout,  Jan  Osterhout,  Jan 


304  Province  of  New  York 


Col.  MSS.  Burhans,    Cornelius    Vernoij,    Capt    Chambers    and    John 

(NYSL)    Teyson  be  forthwith  recommended  to  his  Honor  the  Gov- 

ernour  to  confirme  and   allow  the  severall  desires  of  the 

Mar.  30    Peticoners,  as  hee  in  his  Wisdome  shall  judge  most  fitt  and 

to 
Apr.  xi    convenient. 

The  Orders  now  Read,  Corrected,  &  Amended,  we  doe 
Assent  vnto  vnder  or  Hands,  Desiring  his  Honour  to  Pardon 
or  Imperfections  &  to  accept  of  or  Endeauours 

Dudley  Louelace.     Pres?fc 
Thomas  Chambers 
[Signed]    Will  Beekman 

This  Euening  the  Court  Christo:  Beresford 

was  dissolued.  —  Henry  Pawling 


that  there  appeared  the  last  day  of  or  sitting  (in 
Obedience  to  our  Summance)  before  us  one  Calcop  an 
Indyan  Sachem,  with  his  young  Son  and  another  young 
Indyan  who  have  sett  their  hands  to  the  Agreem*  made 
between  Richard  Nicolls  the  late  Governour,  &  the  Sachems 
&  people  calld  the  Sopez  Indyans,  and  doe  own  the  same 
according  to  Right  and  Honesty.  They  were  likewise 
admonishd  to  continue  the  same  Custome  yearely. 

The  next  day  Capt  Chambers  his  Company  appeared  in 
Armes;  They  were  commanded  to  remoove  the  East  Gate  of 
Kingston,  to  the  middle  of  the  Curtaine,  soe  that  the  Towne 
is  now  opened  according  to  his  Honre  Instructions  directed 
to  ye  Comrs  the  last  Sessions. 

The  Company  was  musterd  &  exercis'd,  &  the  Lawes 
relating  to  the  military  Affaires  were  read  at  the  head  of 
them  in  the  Dutch  Language.  The  Artillery  was  drawn 
into  the  ffield,  &  ffyred  when  the  Presid*  took  Horse  to  depart 
for  New  Yorke. 


Collateral  and  Illustrative  Documents  305 


The  Governed  Ord?  for  y?  non  Sale  of      c-  £• 
y?  Land  at  Esopus,  w0*1  was  given  to    (NYSL) 
y?  Souldiers  there. 

Francis  Louelace  Esq?  &c  Whereas  I  am  given  to  under-  Al67° 
stand,  That  some  of  y?  late  Souldiers  who  haue  had  Lands 
alotted  them  at  y6  New  Village  at  Esopus  called  Marbleton, 
&  haue  had  discharges  from  their  Military  Imployment  haue 
contrary  to  y?  end  &  intent  both  of  my  selfe  and  Predecessor 
for  yl  w?h  y?  Land  there  was  Graunted  to  them  prsumed  to 
make  sale  of  their  Lotts|  whereby  y?  said  place  in  stead  of 
being  setled  will  inevitably  come  to  Ruine  &  decaye  unlesse 
some  speedy  Remedy  be  used,  These  are  to  publish  & 
declare,  That  y6  Sales  w?h  already  haue  beene  or  shall  wthin 
y6  space  of  Three  yeares  be  made  by  any  perticuler  person 
that  hath  land  laid  out  for  him  at  Marbleton  for  his  service 
as  a  Souldier  are  &  shall  be  voyde,  &  that  what  person 
soever  shall  prsume  to  sell  or  buy  any  such  Land  wthin  y? 
space  of  Three  yeares  aforesaid  wthout  my  perticuler  Lycence 
&  consent  shall  be  lookt  upon  as  a  Contemner  of  this  Declar- 
ation &  shall  be  lyable  to  undergoe  such  fyne  or  censure  as 
by  my  selfe  &  Councell  shall  be  thought  fitt  to  be  imposed 
upon  them,  And  I  doe  likewise  hereby  ord?  that  Publication 
hereof  be  forthw?h  made  in  each  respectiue  Towne  at  Esopus, 
&  this  Declaration  read  by  beate  of  Drume  &  afterwards 
affixt  in  some  Eminent  place  in  every  Towne  that  none  may 
plead  ignorance  hereof.  Given  undr  my  hand  &  sealed 
wth  y?  Scale  of  the  Province  at  ffort  James  in  New  Yorke 
this  23*h  Day  of  August  in  y?  22^  yeare  of  his  Ma*ies  Raigne 
Annocp  Dm  1670. 

r2o]  [Francis  Lovelace.] 


\ 


306 


Province  of  New  York 


Land 

Papers 

1:36 

(Sec.  State) 


[Location  of  Land  Grants  at  Marbletown.] 
An  Accounp* 


1670  Off  euery  mans  Lotts  of  Land,  vpon  the  first  and  second 
Pieces  of  land  belonging  to  Marbleton,  and  alsoe  how  itt 
Lyes  bounded  and  abutting  on[e]  upon  the  other,  taken  out 
of  thire  pattents,  Novembr  y6  g^  1670.  Begining  att  the 
north-East  of  the  first  piece. 
Inprimis 

i  Acers 

Mr  Christopher  Beresford  on[e]  lott  and  a  halfe .  .45* — 

N°2 

Cap1  Henry  Pawling,  on[e]  lott  and  a  halfe.  .45* — 


Rich:  Cage: 
Tho:Quynell: 
John:  Henry: 


Sam:  Oliuer. 
N?5     Tho:Elgar. 
Will  :  Horton 

Robt:  Pecock: 
N°  6     Auert:  Price. 

John:  Reynolds: 

N?  7:8:  Mrs  Ann:  Brodhead: 

Ensigne  Biggs: 
N?9      Will:  Fisher. 

Clinton:  Maund: 


Vpon  the  Second  piece  the 
which  is  notdiuided  as  yett. 


Sam:  Oliuer  \ 
Tho:Elgar  V 
Will:  Horton  ) 


n:  12 


Rob1:  Pecock: 

Auet:  Price:         V  N?  13:  14. 

John:  Reynolds 


Ensigne:  Biggs: 

Will:  Fisher.        ^N?  15:16. 

Clinton  Maund: 


George  Porter.    \ 
FredrHussey:     V  N?  17:  18. 
Antho:  Addison  ) 


Collateral  and  Illustrative  Documents 


307 


George:  Porter. 
N?IO    Fred:Hussey: 
Antho:  Addison. 

Rich:  Cage. 
Tho:  Quynell. 

IN?  19: 

Land 
Papers 
1:36 

(Sec.  State) 
2O. 



John:  Henry: 

) 

1670 



Nov.  9 

fred.  hussey  is  to  be  y* 

Fred:  Fetters: 

N?2I. 

first  of  those  lalst  [sic]1 



3:  N?  10  &  soe  in  ye  Rest 

Arte:  Martison: 

N?22. 

• 

John:  Josson 
and  his  son  : 

IN?  23: 

24. 

on  the  first  piece. 

Rich:  Cage:  abutting:     - 

Tho:  Quynell.     — 

John:  Henry:      — 

Sam:  Oliuer.  —    — 
Tho:  Elgar.     —    — 
Will:  Horton.      — 
Robt:Pecock.     — 
Auert  Price.    —    — 
John  Reynolds.     —    — 
M"  Ann:   Broadhead:  - 
John :  Biggs :    — 
Will:  Fisher. 
Clinton :  Maund :    —    — 

Fred:  Hussey:    — 

Geo:  Porter:     —     — 
Antho :  Addison : 

1So  in  original  for  "last." 


Bounded  and  butting, 
as  specified  in  y6  pattents. 

N:E:  vpon:  Jo:  Henry: 

N:E:  vpon:  Rich  Cage. 

N  E :  vpon :  Christopr  Beresford. 

N  E:  vpon:  Tho:  Elger. 

N  E :  vpon :  Will  Horton. 

N  E:  vpon:  Tho:  Quynell: 

N  E:  vpon:  Sam:  Oliuer: 

N  E:  vpon:  Robert:  pecock. 

N  E :  vpon :  Auert  price. 

N  E :  vpon :  John :  Reynolds. 

N  E:  vpon:  Ann  Brodheads. 

N  E:  Clinton  Maund. 

N  E:  vpon:  John  Biggs. 

N  E:  vpon:  Geo:  porter. 

N  E :  vpon :  will  fisher. 

N  E:  vpon:  ffred:  Hussey: 


308  Province  of  New  York  [N|-] 

Land  Boun[d]ed  &  butting:  as  specified  in  ye  Pattents. 
1:36  On  the  second  piece  of  land. 

Sam:  oliuer.  a  butting  N  E:  vpon:  Tho:  Elgar. 
1670  Tho:  Elgar.  —  —  —  N  E:  vpon:  An:  Addison. 

Will:  Horton.  —  N  E:  vpon:  Sam:  oliuer. 

Robt:  pecock  N  E:  vpon:  will  horton. 

Auert:  price.     —    —    —  N  E:  vpon:  Robt  pecock. 

John:  Reynolds.     —    —    N  E:  vpon  Auert  price. 

John  Biggs.    —    —    —    N  E :  vpon :  John  Reynolds. 

will:  ffisher.     —    —    —    N  E:  vpon:  John:  biggs. 

Clin:  Maund.     — N  E:  vpon:  will  ffisher. 

Fred:  Hussey.     — N  E:  vpon:  Clin*  Maund. 

[G]eo :  porter.    —    —    —  N  E :  vpon :  Antho :  Addison. 

Antho:  Addison.     —    —    N  E :  vpon :  fred :  hussey . 

Rich :  Cage.    —    —    —    N  E :  vpon :  John :  henry. 

Tho:  Quynell.      —    —      N  E :  vpon :  Rich :  Cage. 

John :  Henry.    —    —    —  N  E :  vpon :  Geo :  porter. 

ffred:  Fetters.   —    —    —  N  E:  vpon:  Rich  Cage. 

Arte:  Martison:      —    —    N  E :  vpon :  ffred :  petters 

John:  Josson:     — N  E:  vpon:  Arte:  martison. 

his:  sonn.    —    — N  E:  vpon:  John  Josson. 

Finis. 
Copia  vera 

Rich  Cage  secretr. 

Original  Note  endorsed: 
Esopus  Lotts.  Mr  Berrisfords  fla]nd  abutts  North  East 

vpon  Jan  Joosftens]  land  &  South  west 
vpon  C.  Pawli[ng]s. 

Endorsed:  To  send  it  to  George  Hall. 

For 

His  Hono?  the  Gouernr 
in  New  Yorke 


fin]  Collateral  and  Illustrative  Documents  309 


The  Governed  Lre  to  ye.  Com"  at  Esopus.      c- 
Gent 

This  may  Serue  to  recomend  unto  yo"  ye  bearer  hereof  M? 
Isaack  Greveratt,  To  whome  he  having  an  Inclination  to 
remove  w*!1  his  family  to  yor  Towne,  I  haue  given  a  Com°.n 
as  a  person  of  a  fitt  Capacity  to  succeed  M?  Beeckman  in  y? 
place  of  Schout,  &  what  oth?  publique  Imploym*  he  hath 
there;  He  is  at  this  tyme  onely  gone  up  to  fitt  himselfe  wth. 
an  habitation,  in  w0?1  I  pray  giue  him  yor.  best  assistance, 
when  he  enters  upon  hk  Employm^  It  will  be  requisite  all 
y*  Publique  Records  should  be  deliuered  into  his  Custodye, 
who  is  upon  his  Oath  to  Acte  in  his  place  honestly  &  Justly 
according  to  his  best  Capacitye  This  is  all  at  prsent 
from 

Yo?  Very  Loving  freind 

[Francis  Lovelace.] 
ffort  James  in  N.  Y. 
Mar.  8^  1670. 


No.  XL 
DELAWARE  — LONG  FINN  INSURRECTION. 


An  OrdT  for  ye  aprehending  of  y*  Swede  0.  W.  L. 
at  Delaware.  (NY5SL) 

Whereas  I  am  giuen  to  understand  that  there  is  a  certaine      1669 
Swede  at  De  la  ware  who  giues  himselfe  out  to  be  Sonne  to 
Conincksmarke  heretofore  one  of  ye  King  of  Swedens  Genr" 
or  Genr!!  Officers  &  goes  up  &  downe  from  one  place  to 
another  frequently  raising  speeches  very  seditious  &  false 


3io  Province  of  New  York  [xl'l 

O.  W.  L.  tending  to  ye  disturbance  of  his  MatJ?s  peace  &  ye  Lawes  of 
(NYSL)  y6  Governm*  in  such  cases  prouided  To  whom  is  associated 
one  Henry  Coleman  one  of  ye  Fins  &  an  Inhabitant  at  De  la 
Aug?2  ware  who  hath  left  his  habitation  Cattle  &  Corne  wthout  any 
care  taken  for  them  to  runne  aft?  ye  oth?  person  &  it  being 
suspected  that  ye  said  Coleman  being  well  verst  in  ye  Indian 
language  amongst  whome  both  he  &  t'other  keep,  may 
watch  some  oppertunity  to  do  mischeife  to  his  neighbours 
by  killing  their  Cattle,  if  not  worse;  whereupon  yo"  haue 
already  according  to  yor.  duty  sett  forth  yo?  warr*  to  appre- 
hend him  but  he  cannot  yett  be  met  withall  These  prsents 
are  to  order  impower  &  appoint  yo"  to  sett  forth  a  proc- 
lamation in  my  name  that  if  ye  said  Henry  Coleman  do  not 
come  in  to  yo"  &  surrend?  himselfe  up  to  answer  to  what 
shall  be  objected  against  him  wthin  ye  space  of  Fifteene 
dayes  aft?  divulging  ye  same  that  then  yo"  cause  all  ye  Estate 
belonging  to  him  wthin  this  Governm*  to  be  seized  upon  & 
secured  to  his  Matie.s  use,  of  w^  yo"  are  to  rend?  me  an  Ac- 
count w^  ye  first  oppertunity  Given  und?  my  hand  &  scale 
at  Fort  James  in  New  Yorke  this  2<?  of  August  1669. 

[Francis  Lovelace.] 
To  ye  Officers  at  De  la  ware. 


o.W.L.  The  Governo1?  Lre  to  Capt°  John  Carr   & 

(N*YSL)  ye  Schout  &  Comissaryes   at  New  Castle 

upon  De  la  ware. 
^1669      Gentlemen. 

I  Reel  yo?  Pacquett  w°h  yo"  sent  by  Henry    de  Loper 


dated  ye  8^  of  Septemb?  in  wc^  were  inclosed  three  other 
Copyes  Two  of  them  subscribed  Coningsmark  ye  other 
Armgart  Prins  as  likewise  y6  Deposicons  of  seuerall  persons 
concerning  a  lately  insurection  happened  in  yo?  partes  occa- 
sioned by  ye  Long  Swede  their  pryme  Incendiary  all,  wc> 


On]  Collateral  and  Illustrative  Documents  311 


being  taken  into  a  serious  consideration  I  haue  thought  fitt  °«  w-  L- 

2:  503 

wtl?  ye  Advice  of  my  Councell  to  resolue  &  determyne  as  (NYSL) 
followeth,  In  ye  first  place  I  uery  well  appro[u]e  &  applaud 
yo?  prudent  &  carefull  management  in  Circumventing  &  Sept.  15 
securing  y6  pryme  Instigators  of  this  Comotion  togeth?  w^ 
ye  cheifest  of  his  Complices,  likewise  (for  yoT.  future  anima- 
tion) that  so  good  &  seasonable  a  service  both  to  his  Royall 
Highn8?  &  ye  security  &  tranquility  of  y6  Country,  may  not 
be  buryed  in  Obliuion,  I  cannot  but  take  notice  of  it  &  do 
retorne  yo"  thankes  wthall  assuring  yo"  to  represent  this 
Action  to  his  Royall  Highns.s  w^  such  characters  [as]  *  are 
justly  due  to  so  worthy  an  undertaking. 

Next  I  heartily  wish  my  selfe  w^  yo"  to  bring  that  Grand 
Imposter  togeth?  wih.  y6  cheife  of  his  Pack  to  condigne 
punishm*,  but  ye  hourly  expectation  I  am  in  of  y*  Arrivall 
of  some  shipps  from  England  by  wc.h  I  look  for  seuerall  In- 
structions w0.11  will  require  a  present  dispatch,  y6  whole 
frame  of  y6  Governm*  standing  at  this  tyme  still  neither 
Mayo?  nor  Aldermen  elected  The  Grand  Assizes  like  to 
bee  prorogued  all  businesses  wayting  upon  that  breath  that 
must  animate  this  little  body  Politique  of  ours,  So  that  what 
I  do  Recoinend  unto  yo"  now  must  rath?  respect  y6  Stopping 
of  y6  spreading  of  y6  Contagion  that  it  grow  not  furth?  then 
by  any  way  of  amputating  or  cutting  of  any  member  to  make 
y*  Cure  more  perfect. 

I  would  therefore  haue  yo"  to  Continue  y6  Long  Swede 
in  Custody  &  in  Irons  untill  he  can  haue  his  Tryall  wc.h  shall 
be  as  speedy  as  my  affaires  can  permitt,  eith?  by  my  presence 
or  some  of  y6  Councell  sufficiently  authorized  to  heare  & 
determyn  that  affaire. 

For  those  of  y6  first  magnitude  Concerned  w*.h  him  yo1? 
may  eith?  secure  them  by  Imprisonem*  or  by  taking  such 

1  In  place  of  the  omitted  word,  the  original  has  "  are  "  duplicated. 


312  Province  of  New  York  [xT] 


°2  -To  L*   Caution  *°r  them  to  Answer  what  shall  be  alleadged  &  proued 
(HYSL)     against  them. 

i66  For  ye  rest  of  ye  poore  deluded  sort,  I  thinke  ye  Advice 

Sept.  15  of  their  owne  Countrymen  is  not  to  be  despised,  who  knowing 
their  temper  well,  prscribe  a  method  for  keeping  them  in 
ord^  w0.11  is  seuerity  &  laying  such  Taxes  on  them  as  may 
not  giue  them  liberty  to  Entertaine  any  other  thoughts  but 
how  to  discharge  them. 

I  thought  that  JaflP?  Papegay,  Armgart  Prins  had  beene  so 
discreete  not  to  haue  intermedled  in  so  unworthy  a  designe, 
for  though  what  she  hath  Comitted  was  not  of  any  dangerous 
Consequence  yet  it  was  a  demonstration  of  their  Inclynation 
&  temper  to  aduance  a  strange  power  &  a  manifestation  of 
her  high  Ingratitude  for  all  those  Indulgences  &  fauours  she 
hath  receiued  from  those  in  Authority  over  her. 

I  perceiue  ye  Little  Domine  hath  played  ye  Trumpeter 
to  this  disord?,  I  referr  ye  quality  of  his  punishm*  to  yo? 
discretions. 

I  haue  rec^  a  Peticon  from  diuers  of  the  Inhabitants  at 
De  la  ware  in  ye  behalfe  of  those  that  Joyned  w^  y*  Long 
Finne  it  came  inclosed  in  Mr-  Cousturiers  Letter  but  I  shall 
take  little  notice  of  it  since  it  came  not  by  yor.  hands  howeuer 
if  they  shall  make  any  further  a  Publication  to  yo"  about 
it  &  yo"  send  it  to  me  wth.  yor.  aduice  thereupon  I  shall  doe 
therein  what  shall  be  thought  most  fitting  &  conuenient  I 
haue  no  more  but  to  recoinend  ye  continuance  of  yoT.  care 
of  this  &  ye  rest  of  y6  publique  affaires  in  yor.  ptes  to  yo? 
prudence  &  discretion  wcl?  is  uery  much  relyed  upon  by 

Gent 
YoT  affecconate  Loving  freind 

[Francis  Lovelace.] 
Fort  James  in  New 
York  this  15^  day  of 
September  1669. 


[x!  ]  Collateral  and  Illustrative  Documents  313 


To  Capt1?  Jn?  Carr  &  y6  Schout  &  Comissaryes  °'JLL' 
at  New  Castle  upon  De  la  ware.  (NYSL) 

I  Doe  thinke  it  would  not  be  amisse  if  for  punishm*  to  ye  sept/is 
simpler  sort  of  those  who  haue  beene  drawne  into  this 
Comotion  yo"  injoyned  them  to  labour  sometymes  in  ye 
reparation  of  ye  workes  about  y6  Fort,  But  for  John  Stalcop 
be  sure  he  be  secured  in  like  manner  as  the  Long  Sweed,  He 
Hauing  beene  I  perceiue  a  Cheife  ffomentor  as  well  as  an 
Acto?  in  this  by  them  Jntended  Tragedy,  The  mischeife 
whereof  is  like  to  fall  upon  their  owne  heads. 


The    Governo"    Comon    for   y6      c; A- 
Tryall  of  severall  Persons  at        (NYSL) 

Delaware. 

1669 

NOV.    22 

Francis  Lovelace  Esq?  &c  To  all  to  whome  theise  prsents 
shall  come  sendeth  Greeting 

Whereas  there  hath  lately  hapned  an  Insurrection  at 
Delaware  by  some  evill  mynded  persons  Enemyes  to  his 
Ma1!6  &  ye  Peace  of  this  Governm*  wcl?  might  have  proved 
of  dangerous  Consequence  had  not  Ring  leaders  beene  sur- 
prised &  so  prevented  of  their  wicked  designe  by  ye  vigil- 
ance &  Care  of  y6  Officers  there  All  wc.h  having  beene 
represented  unto  me  I  haue  w*.*1  y6  advice  of  my  Councell 
made  some  Resolutions  thereupon  ye  wc.h  are  speedily  to  be 
putt  in  Execution  I  haue  therefore  thought  fitt  to  nominate 
constitute  &  appoint,  &  by  theise  prsents  doe  nominate  Con- 
stitute &  appoint  yo"  [One  line  left  blank  for  the  names]  to 
be  Com1?  to  give  Ord?  &  to  take  Care  that  The  Acte  of 
Councell  be  put  in  Execution  accordingly,  Giving  yo"  or 
any  five  of  you  of  wc.h  M?  Matthias  Nicolls  to  be  one  & 
President  power  to  call  before  yo"  any  such  person  or  persons 


314  Province  of  New  York  [£•] 


C.  A.  as  are  now  Jn  hold  upon  this  Occasion  &  to  pronounce 
(NYSL)  sentence  against  them  according  to  ye  directions  herew*1? 
660  g*ven  7°"  And  alsoe  that  yo"  cause  all  others  suspected  to 
Nov.  22  be  Guilty  to  be  sumoned  to  make  their  appearance  before 
yo"  &  as  their  demeritts  shall  be  thatyo"  impose  such  mulct  or 
fyne  upon  them  or  any  of  them  for  ye  use  of  his  Ma^6  as 
shall  seeme  best  to  yo?  discretions,  And  if  need  be  that  yo" 
Administer  an  Oath  to  any  person,  or  persons  for  ye  better 
clearing  of  ye  Truth,  ye  w0)1  Oath  yo*  are  hereby  Impowred 
to  giue,  And  also  that  yo"  Comitt  any  refractory  person  or 
notorious  offender  to  prison,  or  any  other  Release  as  yo? 
shall  see  cause,  of  all  wc.h  yo"  are  to  rend?  me  a  due  Account, 
&  for  w'ever  yo"  shall  Acte  or  doe  in  prosecution  hereof 
this  my  present  Comission  shall  be  yo?  sufficient  warrant  & 
discharge,  Given  und?  my  hand  &  sealed  vrth.  ye  Seale  of  ye 
Colony  at  ffbrt  James  in  New  Yorke  this  22^  day  of  Novem- 
ber in  ye  21^  yeare  of  his  MatJ®s  Raigne  Annoqp  Dni 
1669. 

[Francis  Lovelace.] 


Col.  MSS.  The  forme  of  holding  the  Co?  at  the 

(NYSL)  Fort  in   Newcastle   vpon    Delaware 

River,  for  the  Tryall  of  the  Long 
Finne  &c.  about  the  late  Insurrection. 
Decemb.  y?  6^  1669. 

1669  Vpon  the  meeting  of  the  Co1?  let  Proclamacon  bee  made 
by  saying  O  Yes,  O  Yes,  O  Yes  Silence  is  commanded  in 
the  Co?  whilst  his  Ma*ies  Comission?3  are  sitting,  vpon  paine 
of  Imprisonment. 

Lett  the  Comission  bee  read  &  the  Coinission"  called  vpon 
afterwards;  [if]  any  shall  bee  absent  let  their  n[ames]  bee 
Recorded 


[38']  Collateral  and  Illustrative  Documents  315 


Then  let  the  Proclamacon  bee  made  again  by  O  Yes,  as  Co1-  ^ 
before,  after  which  say,  All  manner  of  Persons  that  have  any    (NY*SL) 
thing  to  doe  at  this  speciall  Co^  held  by  Comission  from 
the  Right  Hob!e  Francis  Lovelace  Esq?  Governor  Gen11  vnder     Dec.  6 
his  Royall  Highnesse  the  Duke  [o]f  [Yor]ke  of  all  his  Terri- 
tories in  America,  draw  neare  &  give  yo?  attendance,  &  if 
any  one  have  any  Plaint  to  enter,  or  Suite  to  prosecute,  let 
them  come  forth  &  they  shall  bee  heard. 

After  this  let  a  Jury  of  twelve  good  men  bee  empannelled, 

Then  let  the  Long  Finne  (Prisoner  in  the  Fort)  bee  called 
for  &  brought  to  the  Barr. 

Vpon  which  the  Jury  is  to  bee  called  over  &  numbred  one, 
two,  &c  &  if  the  Prisoner  have  no  Exception  against  either 
of  them  Let  them  bee  sworn[e]  as  directed  in  the  Booke  of 
Lawes  for  Tryall  of  Criminalls,  &  bid  to  looke  vpon  the 
Prisoner  at  the  Barre. 

The  forme  of  the  Oath  is  as  followeth 

You  doe  sweare  by  the  Everliving  God  that  you  will  con- 
scientiously try  &  deliver  yo?  verdict  betweene  oT  Soveraigne 
Lord  the  King,  &  the  Prisoner  at  the  Barre  according  to 
Evidence  &  the  lawes  of  this  Countrey,  So  helpe  you  God  & 
the  Contents  of  this  booke. 

Then  let  the  Prisoner  bee  againe  called  vpon  &  bid  to  hold 
vp  his  Right  hand,  viz?  John  Binckson  alias  Marcus  Conings- 
marke,  alias  Coningsmarcus,  alias  Matheus  Hincks  How 
[swearest  thou  ?] l 

Then  proceed  with  the  Indictment  as  followeth. 

John  Binckson,  Thou  standest  here  endicted  by  the  name 
of  John  Binckson  alias  Coningsmarke,  alias  Coningsmarcus 
alias  Matheus  Hencks,  alias  XX,  for  that  having  not  the 
feare  of  God  before  thine  Eyes  but  being  instigated  by  the 
devill,  Vpon  or  about  the  2&h  day  of  August  in  y6  21^ 

1  Original  mutilated. 


316  Province  of  New  York  [xi] 


Col.  MSS.  yeare   of  the  Raigne  of  o?  soveraigne   Lord  Charles  the 
(HYSL)    2?  by  the  Grace  of  God  of  England,  Scotland  ffrance  & 
i66        Ireland  King  Defend?  of  the  Faith  &c  Annocp  Domini  1669. 
Dec.  6     at  Christina. 

&  at  severall  other  times  &  places  before,  Thou  didst 
most  wickedly,  traiterously  feloniously  &  maliciously 
conspire  and  attempt  to  invade  by  force  of  Armes  this 
Government  setled  vnder  the  allegiance  &  protection  of  his 
Ma*ie,  &  also  didst  most  traiterously  solicite  &  entice  divers 
&  threaten  others  of  his  Maties  good  Subjects  to  betray 
their  allegiance  to  his  Matie  the  King  of  England,  persuad- 
ing them  to  revolt  &  adhere  to  a  forraigne  Prince  that  is  to 
say,  to  The  King  of  Sweden,  In  prosecucon  whereof,  thou 
didst  appoint  &  cause  to  bee  held  many  Riotous,  Routous 
&  Vnlawfull  Assemblyes  [again]st  [th]e  Peace  of  o?  S[over- 
aig]ne  Lord  the  King,  &  the  Lawes  of  this  Government  in 
such  cases  provided. 

John  Binckson,  &c.  what  hast  thou  to  say  for  thyselfe, 
Art  thou  Guilty  of  the  Felony  &  Treason  layd  to  thy  Charge 
or  not  Guilty  ? 

If  hee  say  not  Guilty.  Then  aske  him  By  whom  wilt  thou 
bee  try'de,  If  hee  say  by  God  &  his  Countrey,  say  God  send 
thee  a  good  Deliverance. 

Then  call  the  wittnesses  &  let  them  bee  sworne  either  to  their 
Testimonies]  [as] l  already  giuen  in,  or  to  what  they  will 
then  declare  vpon  their  Oathes. 

Vpon  which  The  Jury  is  to  have  their  Charge  giuen  them, 
directing  them  to  find  the  matter  of  Fact  according  to  Evi- 
dence, &  then  let  them  bee  called  over  as  they  goe  out  to 
consult  vpon  their  Verdict  in  which  they  must  all  agree. 

When  the  Jury  returnes  to  deliver  in  their  Verdict  to  the 

T*,  let  them  bee  called  over  againe,  &  then  ask't. 

Original  mutilated. 


[No.] 

LxiJ 


Collateral  and  Illustrative  Documents 


317 


Gent.     Are  you  agreed  vpon  yor  Verdict  in  this  Case  in  Col.  MSS. 
difference   betweene   OT.   soveraign   Lord   the    King  &   the     (NYSL) 
prisoner  at  the  Barr.     vpon  their  saying  Yes,  Aske  who 
shall  speake  for  you     Then  the  [Jury]  the  Forem[an]  f[or]     Dec.  6 
[t]hem  [shall  give]  in  their  Verdict  the  wc.h  is  to  bee  [recorded.] l 
Then  read  the  Verdict  &  say  Gentlemen  this  is  yor  Verdict, 
vpon  wch  you  are  all  agreed,  vpon  their  saying  yes     Call 
that  the  Prisoner  bee  taken  from  the  barre  &  secured. 

Endorsed: 

No  15 

Forme  of  Tryall 
Long  Finne.  1669 
Deer  6t.h 


A  list  of  the  inhabitants  that  was  Confederets 

with    the    long    ffin    and    had    the    marke    (HYSL) 
and  their  ffines 


gilders 

John  Stolcup 1500 

Jens  Vstas 0830 

Henerick:  Coalman 0930 

Olla  ffrancis 1500 

John  Powles 0150 

Andries  Johnson 0050 

Hans  Petterson oioo 

Neals  Nealson 0300 

Mathias  Nealson oioo 

Charles  Johnson 0300 


Mons  Powson. ...  300  ^SU 
Henerick  Anderson  200 
Lawsa  Eskelson . .  050 
Simon  Johnson. . .  100 
Erick  Vrianson . . .  200 
Mathias  Bartleson.  100 

Erike  Matson 200 

Lawsa  Wolson 100 

Lawsa  Corneleson .  100 
John  Matson 150 


Original  mutilated. 


Province  of  New  York 


xi 


Col.  MSS. 
(NYSL)    Hans  Wolason . .  .  oioo 


1669 


Evertt  the  ffin  ....  300 
Andries:  Andrieson  050 
Paules  Lawrson.  i[oo] 
Mathias  Matson 
Marcus  Laurson 


100 


050 


2100 


[gilders] 
.  oioo 

Hans  Hoofman 0300 

December  John  Henerics „  0300 

Paules  Lawrson oioo 

Olla  Torsa oioo  ^ 

Henerick  Nealson oioo  1 

Laurans  Carolus  minister.  0600  f 
Marge rett  Matson  widdow.  oiooJ 

John  Peterson oioo  ^ 

Bartle  Parker oioo  L 

Samuell  Peterson 0050  J 


7710 
Endorsed: 

A  List  of  Delinquents] 
with  the  Long  ffin 
Decr.  1669.' 

A  liste  of  the  fines  about  the 
Rebellion  of  the  Long  Finne. 


Col.  MSS. 
20:6 

(NYSL) 


1669 
December 


Guild? 

Evert  Hendricksen 300 

Mat  Bertelsen 100 

Simon  Jansen 100 

Las  Oleson 100 

Erick  Ericksen 100 

Jan  Matse 150 

Samuell  Pietersen 50 

Las  Eskell 50 

Erick  Matsen 200 

Bertie  Hendricksen 100 

Hendrick  Anderson . .  200 


sew' 


The  date  was  inserted  by  Secretary  Nicolls. 


1450 


[55]  Collateral  and  Illustrative  Documents  319 

[Guild?  sew']      COI.MS& 

L  J  20 : 6 

Mons  Paulsen 300  (HYSL) 

Las  Cornelissen 150 

J  1669 

Andries  Andriesen 50  December 

Paul  Larsen 100 

Jan  Stalcop 1500 

Olle  Fransen 2000 

Dirck  Jansen 100 

Hendrick  Colman 930 

Matijs  Matsen 100 

Hans  Pietersen * 100 

Paul  Jansens  Vrow 100 

5430 

Neils  Nielsen 300 

Hendrick  Nielsen 100 

Mat  Nielsen 100 

Olle  Oelsen 100 

Paul  Larsen 100 

Carel  Jansen 300 

Mons  Jansen 100 

Carel  Monsen 100 

Hans  Hopman 300 

Juns  Junstersen 1500 

3000 

G:    Sew* 

Heer  Lars 800 

Another  Hans  Pietersen 100 

Jan  Paulsen 100 

Andries  Junsen IOO 

Jan  Hendrickse  of  Marcus  Kill 300 

Marcus 50 

1450 


320  Province  of  New  York  [£• 

COI.MSS.  [Guildrs    sew*] 

20:6  _  L  J 

(NYSL)    Besides  this  sume  every  one  or  3000 

the  greatest  ^t  paid  to  the  5430 

December  Stebo1 — 14  G.  &  some  28.  G.  1450 

H330 

Transcribed  &  Examined  by  

mee  at  Newcastle. 
May  ii**?  1675. 

Matthias  Nicolls.  Seer. 
Endorsed: 

List  of  the  Fines 
about  the  Long 
Finne. 
DecT  1669. 


Col.  MSS.  Charges  about  the  long  ffin 

(HYSL) 

To  John  Henery 864 

Michaell  Baroon 2454 

Neals  Matsa 0607 

John  Harmons O235 

Gisbert  Dericks 1 107 

Barnard  the  Smith 01 10 

Albert  Johnson 0115 

Mathias  Conradus 0200 

Neals  Lawsa oioo 

Fetter  Alricks oioo 

Mr  Tom 0650 

Endorsed:  6542 
A  list  of  Charges 
about  the  long  ffin 

»  This  was  a  messenger  of  the  court 


[£•]  Collateral  and  Illustrative  Documents          321 


[Prisoners  deported  at  Newcastle.] 

(NYSL) 

H[an]s  Block  27  135 

25  5     Dec.  13 

Jur[ie]n  Janse  135  675 

54  


Matijs  Eschelsen  675  135 

50 


Ha[ns]  Pietersen  85 


Andres  Matsen 

More.  1 6. 
The  Domini l 
Harmen  Reyners 
Neals  Lawson  & 
3.  more 

Recd  50  scheple  of  wheat 
of  C.  Carre,2  there  is  due  —  85 
scheple. 

Dec?  13.  1669. 
On  reverse: 

The  2  schippers 
haue  rec^  on  board  with 
each  prisoner  a  bed,  blancket 
pr  of  bilboes  &  Lock. 

1  The  reference  is   apparently  to  Laurans  Carolus,  the  minister  to  the 
Swedes. 
*  Captain  Carr 

[21] 


322  Province  of  New  York  [xi] 

c;  ^  [Memorandum] 

(NYSL) 

January  26^  1669. 

1669/70  This  day  ye  Long  ffinne  called  Marcus  Jacobsen  was  by 
warr*  put  on  board  M?  Cosseaus  Ship  called  ye  Fort  Albany 
to  be  Transported  &  Sould  at  y6  Barbadoes  according  to  y6 
Sentence  of  Court  at  Delaware  for  his  attempting  rebellion, 
He  had  beene  a  Prisoner  in  ye  State  house  ever  since  y6  20^ 
day  of  Decemb?  last. 


An  Ord?  for  ye  Transportation  of  ye  Long 
(NYSL)  Finne  to  Barbadoes. 

1669/70  Whereas  Marcus  Jacobs  comonly  called  ye  Long  Finne, 
hauing  for  some  great  misdemeanor  forfeited  his  liberty  & 
life  if  ye  strictnesse  of  ye  Law  had  beene  put  in  Execution 
but  through  ye  Clemency  &  fauour  of  the  Governor  &  Coun- 
cell  had  sentence  onely  to  receiue  some  Corporall  punish m* 
&  also  to  be  transported  &  sould  into  some  of  ye  Remoter 
Plantations  from  ye  place  where  he  committed  ye  Fact, 
These  are  to  Impower  yo"  when  yo"  shall  haue  brought  ye 
said  Marcus  Jacobs  als  ye  Long  Finne  to  y6  Barbadoes, 
That  you  cause  him  to  be  sould  for  a  Servant  to  ye  best 
advantage  for  ye  space  of  Fower  yeares  or  ye  usuall  tyme 
servants  are  there  sould  at,  &  that  yoH  make  retorne  of  the 
produce  to  this  Porte,  deducting  ye  charges  of  his  passage, 
&  othr  necessary  Expences  about  him  And  for  so  doing  this 
shall  be  yo?  warr*  Given  undr  my  hand  at  Fort  James  in 
New  Yorke  this  28^  day  of  January  1669. 

[Francis  Lovelace.] 


[xfi]  Collateral  and  Illustrative  Documents  323 

No.  XII. 
DELAWARE  —  RAPE  BY  AN  INDIAN. 


The  Gouerno1?  Lre  to  Cape  Carre.       2C;  Av 

(NYSL) 

I  haue  red  yo?  Lre  of.ye  25^  of  September  by  Hendrick 
de  Loper1  wherein  yo"  giue  me  y6  relation  of  a  foule  fact  Oct.  19 
comitted  by  y6  Indian  upon  ye  body  of  Xpian  Womans  what 
yo"  &  y6  rest  of  y*  Comr.s  haue  done  in  prosecution  of  him 
&  sentencing  him  to  death  I  doe  very  well  approue  of  but 
I  am  informed  he  is  since  broken  out  of  prison  if  so  lett  him 
be  lookt  after  &  y6  Sachem  und?  whome  he  is  to  [sic  for  so] 
that  he  may  be  surrendred;  &  Justice  Executed  upon  him 
As  to  ye  long  ffinne  who  attempted  his  Escape  likewise  lett 
him  be  kept  safe  a  little  longer  untill  I  send  some  Com1? 
from  hence  to  Examyne  into  ye  whole  matter  wc*  shall  be 
wthin  a  month  but  I  would  not  haue  ye  ordinary  people 
who  he  drew  in  be  too  much  frighted,  since  I  haue  thought 
fitt  to  Excuse  them  by  a  peneary  mulct  to  be  imposed  upon 
them  as  they  shall  appeare  more  or  lesse  Guilty  This  is 
all  at  prsent  to  recomend  to  yo?  being 

Yo?  Loving  freind 

Fr:  Louelace. 
Fort  James  ig^  Octob?  1669. 

'For  a  note  and  references  to  Hendrick  Droogestraet  alias  Hendrick  de 
Loper,  see  p.  162,  supra. 


324 


Province  of  New  York 


Dffid 


No.  XIII. 
DELAWARE  — CASE  OF  WILLIAM  DOUGLAS. 


C.A. 

2:470 

(NYSL) 


1669/70 
Feb. 25 


[Memorandum] 
Febr.y  25*?  1669. 

This  Day  was  Wittm  Douglas  releast  from  out  of  y6 
prison  in  y6  State  house,  where  he  had  beene  Comitted  for 
misdemeanor  at  y6  Hoar-kill  ever  since  y6  20^  of  Decemb- 
last,  He  was  sent  into  ye  North,  hauing  giuen  security  by 
his  bond  not  to  retorne  into  this  Governm* 


C.  A.  The  Governor  Lre  to  Delaware. 

(NYSL)    Loving  Freinds 

I  haue  beene  Informed  of  ye  seuerall  miscarriages  of  Wittm 

Feb.  26  Douglas  in  yo?  partes  &  of  your  care  to  prevent  his  doeing 
any  further  mischeife  by  carrying  him  a  Prison?  to  Delaware 
from  thence  he  hath  beene  remitted  hith?  where  he  hath 
continued  a  Prison?  untill  yesterday,  he  is  sent  away  to  y6 
Eastward  w1!1  Caution  not  to  retorne  into  this  Governm*  or 
amongst  yo",  I  do  well  approue  of  what  yo"  did  about  him, 
If  any  such  person  shall  hereaft?  prsume  to  disturbe  yo"  or 
to  breake  his  Ma*?8  peace  there,  I  haue  sent  a  Cofnission 
Empowring  some  of  yo"  to  suppresse  them  &  do  recoiriend 
to  yoH  to  follow  ye  directions  sent  yoH  therein  &  in  my  Letter 

w6!1  is  all  at  prsent  from 

Yor  very  Loving  freind 

[Francis  Lovelace.] 
Fort  James  in  N.  Yorke 
26th  Febrx  1669. 


Collateral  and  Illustrative  Documents  325 


[Memorandum]  C.  A< 

(ITYSL) 
Feb1?  28^  1669. 


There  was  a  Comission  &  Lre  of  Instruction  in  Dutch    1669/70 
undr  y6  Governo"  hand  &  seale  this  day  sent  to  ye  Hoare 
Kill  by  Peter  Alricks  Ketch  for  y6  Persons  hereund? 
men  coned 

Hermans  Fredericksen  —  to  be  Schout. 

Sander  Malsen 

Otto  Walgast  ^   To  be  Comissaryes 

Wiltm  Claesen 

They  are  to  keep  good  Orders  there  for  his  Roy1.1  High- 
ness, &  to  trye  all  matters  of  difference  und?  10?  amongst 
themselues,  for  what  shall  be  aboue  they  are  to  apply  them- 
selues  to  New  Yorke,  &  so  for  all  Cryminalls. 


Warr*  for  ye  clapping  of  Wm  Douglas     $.  E- 
in  Prison.  (ITYSL) 

These  are  in  his  Ma*.65  name  to  require  you  to  take  into 
yor  Custody  y6  Body  of  Wm  Douglas  brought  hither  a 
Prisoner  from  New  Castle  in  Delaware  in  the  Sloope  of 
John  Schouten,  hee  having  been  formerly  banisht  out  of 
this  Governm*  for  great  Misdemeanours;  &  that  you  him 
safely  keep  in  Custody  without  Bayle  or  Main-prize  untill 
you  shall  receive  farther  Order  concerning  the  same;  And 
for  soe  doeing  this  shall  bee  yoT.  Warrant.  Given  under  my 
hand  &c:  this  i6th  day  if  Decemb?  1672. 

[Francis  Lovelace.] 
Mr  Allard  Anthony  Sheriffe 

of  this  City  or  his  Deputy. 


326 


Province  of  New  York 


No.  XIV. 
NEWTOWN  — CASE  OF  ABRAHAM  FROST 


C.  A. 

2:487 

(HYSL) 


1670 
Apr.  i 


An  Ord?  for  suspending  ye  Execution  agfc 
y6  Estate  of  Abraham  ffrost. 

Whereas  Complaint  hath  beene  made  unto  me  by  Abraham 
ffrost  of  New  Towne  who  hath  had  Execution  served  upon 
his  Estate  for  Two  sumes  of  money  ye  one  obteyned  ag* 
him  by  Judgment  at  ye  suite  of  William  Osburne  &  ye  oth? 
of  John  ffirman,  ye  w0!1  he  alleadges  was  done  by  misin- 
formation of  ye  Co*s  &  want  of  Evidence,  wcJ*  he  now  hath 
&  ye  said  ffrost  declaring  his  poore  Condition  &  ruin  if  he 
shall  be  forced  to  pay  ye  said  sumes  &  offering  good  security 
to  stand  to  ye  Judgment  of  anoth?  Court  I  haue  by  &  w^  y® 
ad  vice  of  my  Councell  thought  fitt  to  ord?  &  declare  &  by  theise 
prsents  do  ord?  &  declare,  that  ye  Executions  served  do 
stand  good,  but  sale  of  ye  Estate  or  disposall  of  ye  goods,  is 
to  be  suspended  upon  his  giving  good  security  to  y6  high 
Sheriffe  or  his  Deputye  that  noe  parte  of  ye  said  Estate  or 
Goods  shall  be  Imbezel'd  untill  ye  Pet?  hath  had  a  Tryail 
at  Law  against  ye  said  William  Osborne  &  John  ffirman 
w0!1  is  to  be  at  the  next  Court  of  Sessions  when  if  it  shall 
appeare  that  they  obteyned  their  Judgm*  of  Court  &  Execu- 
tion thereupon  by  misinformation,  Then  ye  said  Abraham 
ffrost  &  his  Estate  shall  be  released  from  ye  Executions,  but 
if  it  shall  happen  to  be  otherwise  all  new  as  well  as  y6  old 
charges  are  to  be  borne  by  ye  said  ffrost  for  ye  w0!1  ye  security 
is  to  engage  Giuen  und?  my  hand  this  first  day  of  April! 

1670. 

[Francis  Lovelace.] 


fNo.1 

LxvJ 


Collateral  and  Illustrative  Documents 


327 


No.  XV. 

CONTROVERSY  BETWEEN  NICASIUS  DE  SILLE 

AND  CATHARINA,  HIS  WIFE,  ABOUT  THEIR 

ESTATES. 


An  Ord?  for    M?    Steenwick    Mayo?   to      c.  A. 
indeauo?  a  Composure  of  the  difference    (NYSL) 
betweene  Nicasius  de  Sille  &  his  wife. 

Upon  a  Petition  &  request  to  me  made  by  Nicasius  de  1669/70 
Sille  that  a  certaine  matter  in  difference  betweene  him  & 
his  wife  concerning  y6  sale  of  a  house  or  oth?  businesses 
relating  to  their  Estate,  may  be  referred  to  some  indifferent 
persons  as  Com"  to  Examyne  into  &  adjudge  ye  case  betweenes 
them  I  doe  hereby  recomend  it  to  M?  Cornelijs  Steenwick 
Mayo?  of  this  City  to  endeauour  a  Composure  in  wc.h  if  hee 
succeed  not  that  he  nominate  &  appoint  foure  or  fiue  good 
&  discreet  men  of  this  place  to  be  Comr.s  to  heare  &  Examyne 
into  what  shall  be  alleadged  on  both  partes  &  to  giue  their 
Judgm^  &  determynation  thereupon  of  wc.h  they  are  to  rend? 
me  an  Account,  Given  und?  my  hand  at  ffort  James  in  New 
Yorke  this  8^  day  of  March  in  y*  22*.h  yeare  of  his  Mau?8 
Raigne  Annoqp  Domini  1669.  [Francis  Lovelace.] 


An  Ord?  for  Composing  ye   Difference   between 
Nicasius  de  Sille  &  Katharina  his  wife. 

Whereas  Complaint  was  made  unto  me  of  a  certaine 
matter  in  difference  betweene  Nicasius  de  Sille  &  Katharina 
his  wife,  ye  w0!1  I  thought  good  to  referr  ye  hearing  &  Exam- 
ination of,  unto  M?  Cornelijs  Steenwick  Mayo?  of  this  Citty 


C.  A. 

2:488 

(NYSL, 


1670 
Apr.  i 


328  Province  of  New  York  [xv] 


2'  88  to  enc^eavour  a  Composure  in  wc.h  if  he  succeeded  not  to 
(NYSL)  appoint  some  able  &  discreet  persons  to  doe  ye  same,  The 
wch  having  beene  done  &  a  result  of  their  opinion  thereupon 
Apr.  i  retorned  unto  me  und?  their  hands,  upon  perusall  thereof  I 
haue  thought  fitt  by  &  w^  ye  advice  of  my  Councell  to  ord? 
&  appoint  &  by  theise  prsents  do  ord?  &  appoint,  that  ye 
same  Commission1?  nominated  &  appointed  by  M?  Mayo' 
do  wthin  15.  days  aft?  ye  date  hereof  take  an  Account  of  ye 
Debts  both  of  ye  husband  &  wife  wcl*  they  are  to  Deliuer  in 
upon  their  Oaths  (wc.h  Oath  they  are  hereby  Empowred  to 
giue,)  To  ye  End  a  better  Estimate  may  be  made  of  ye  re- 
mayning  parte  of  ye  Estate  wc.h  shall  then  be  taken  into 
Consideration  how  it  shall  be  disposed  of  according  to  Equity 
&  good  Conscience  Given  und?  my  hand  at  ffbrt  James  in 
New  Yorke  this  Is*  day  of  Aprill  1670. 

[Francis  Lovelace.] 


c;  A-  A  Confirmacon  of  ye  Report  &  proceedings 

(NYSL)  of  ye  Comr.s  in  ye  Cause  betweene  Nicasius 

de  Sille  &  his  wife 

Whereas  upon  my  last  Ord?  to  M'  Cornelijs  van  Ruyven, 
M?  OlofFe  Stevens  van  Cortlandt  M?  Paulus  Leendertse, 
M'  Johannes  van  Brugh  &  M?  Johannes  de  Piester  Commis- 
sion1? appointed  to  Examyne  into  ye  matters  in  difference 
betweene  Nicasius  de  Sille  &  Katherina  his  wife  &  to  re- 
ceiue  an  Account  of  ye  debility  of  ye  husband  &  wife  The 
wc^  accordingly  they  haue  done,  as  also  of  ye  Estate  in  their 
hands  or  belonging  to  them  both  reall  &  personall  who  suc- 
ceeding not  in  their  endeavours  of  a  Composure  betweene 
them  ye  wc!*  I  first  recomended  haue  represented  a  very  just 
&  equitable  way  of  satisfying  their  debts  &  to  make  an 
equall  division  of  ye  remayning  parte  of  ye  Estate  betweene 


Collateral  and  Illustrative  Documents  329 


them  as  in  ye  Reporte  und?  their  hands  is  more  perticulerly  c-  A- 
sett  forth  Upon  mature  deliberation  &  consideration  of  ye  (NYSL) 
prmisses  I  doe  hereby  declare,  That  I  doe  very  well  approve 
of  ye  proceedings  &  result  of  ye  said  Com"  who  seeme  to  Apr.  21 
haue  Acted  herein  wih.  much  integrity  &  wthout  partiality, 
And  therefore  according  to  their  Judgment  &  result  I  doe 
ord?  in  ye  first  place  that  ye  farme  Cattle  houses  Lotts  & 
appurtenances  belonging  to  ye  said  Nicasius  de  Sille  at  New 
Utrecht  be  first  exposed  to  sale  by  publique  Outcry  either 
at  Midwout  or  some  other  Convenient  place  upon  Long 
Island  of  w0!1  the  neighbouring  Townes  are  to  haue  Eight 
dayes  notice  at  least  Aft?  wc.h  I  doe  likewise  recomend  & 
Ord?  the  observance  of  the  remayning  parte  of  ye  said  Comr.s 
result,  To  wch  end  &  that  ye  proceedings  thereupon  may  y6 
more  regularly  &  w^  greatest  indifFerency  be  prosecuted, 
I  referr  it  to  ye  said  Nicasius  de  Sille  to  appoint  one  good 
person  in  trust  to  look  aft?  his  concerns  in  this  matter,  & 
to  Katherine  his  wife  to  take  anoth?  who  are  to  acte  indif- 
ferently betweene  them,  &  to  ye  best  of  their  advantage, 
The  w0!1  if  ye  husband  &  wife  or  eith?  of  them  shall  neglect 
to  doe  wthin  Eight  dayes  aft?  ye  date  hereof,  It  shall  be 
recoiriended  to  some  oth?  persons  to  do  ye  same  that  at  length 
conclusion  may  be  put  to  this  troublesome  affaire  Given 
und?  my  hand  &  scale  this  2  Ith  day  of  Ap rill  in  ye  22t.h  yeare 
of  his  MatJ.es  Raigne  Annoqp  Dm  1670. 

[Francis  Lovelace.] 


A  Comission   graunted   to  Nicasius  de  Sille      C.  A. 
to    be    Publique  Notary  for  ye.  Towne  of    (NYSL) 
Flatt  bush.  &c. 

Francis  Lovelace  Esq?  &c    Whereas  it  is  thought  Con-      1670 
venient  that  there  should  be  a  sworne  Publique  notary  in 


33°  Province  of  New  York  [iv] 


c-  A-  some  one  of  ye  Dutch  Townes  upon  Long  Island,  where 
(NYSL)  he  may  be  usefull  to  ye  Inhabitants  in  Genr.n  &  M?  Nicasius 
i6  o  de  Sille  hauing  an  Intent  to  resyde  in  ye  Towne  of  Midwout 
Apr.  25  alias  Flatt  bush  where  he  desires  to  officiate  and  Exercise 
that  office,  And  having  conceiued  a  good  opinion  of  ye 
Capacity  &  fittnes  of  ye  said  Nicasius  de  Sille,  I  haue  thought 
fitt  to  nominate  &  appoint  &  by  this  my  prsent  Comission 
do  nominate  constitute  &  appoint  him  ye  said  Nicasius  de 
Sille  to  be  publique  notary  for  ye  Towne  of  Mydwout  alias 
Flatt  bush  &  places  adjacent,  By  vertue  of  wc.h  Comission  he 
hath  power  to  attest  any  Deeds  Instrum^  Wills  Testam1? 
Codicills  Contracts  Covenants  or  any  oth?  Acte  or  Acts  as 
Publique  Notaryes  haue  usually  power  to  doe  as  also  to  take 
&  receiue  such  priuiledges  &  advantages  as  to  ye  Office  of  a 
Publique  Notarye  doth  any  way  belonge  or  appertayne,  he 
taking  ye  Oath  in  ye  Lawes  appointed  for  ye  due  perfourmance 
of  ye  trust  reposed  in  him,  Given  und?  my  hand  &  sealed  wih. 
ye  Scale  of  ye  Province  at  Fort  James  in  New  Yorke  this 
25tl?  day  of  Aprill  in  ye  22^  yeare  of  his  Ma".63  Raigne 
Annocp  Domini  1670. 

[Francis  Lovelace.] 


C-A.  The   Governo1?    approbation    &    Confirmation    of 

(NYSL)  ye  Choyce  of  psons   nominated   to   Acte  in  the 

businesse  betweene  Nicasius  de  Sille  &  Catherina 

his  wife. 

1670  Whereas  in  my  last  ord?  of  ye  21th  of  this  prsent  month  in 
ye  matter  in  difference  betweene  Nicasius  de  Sille  &  Catherina 
his  wife  it  was  recomended  to  ye  said  persons  each  of  them  to 
appoint  one  good  man  in  trust  to  look  aft?  their  Concernes 
in  ye  sale  of  their  Lands  or  goods  &  disposal!  thereof  as  in  ye 
said  ordT  is  more  pticulerly  sett  forth,  &  ye  said  Nicasius 


Collateral  and  Illustrative  Documents  331 


de  Sille  hauing  giuen  in  to  me  und?  his  hand  that  he  doth      c;  A- 
appoint  Isaack  Greveratt  to  Acte  in  Trust  for  him,  &  ye    (N*YSL) 
said  Katherina  having  likewise  nominated  Paulus  Leendertse 
van  der  Grift  to  acte  in  her  Concernes,  I  doe  very  well  approue    Apr.  25 
of  their  Choyce  &  ye  said  persons  so  nominated  &  approved 
of  as  aforesaid  are  hereby  appointed  &  impowred  to  Acte 
according  to  my  former  ord?  in  prosecution  of  what  hath 
beene  done  by  ye  Com1?  whose  directions  und?  their  hands 
they  are  to  obserue  to  ye  utmost  of  their  power  &  for  their 
acting  herein  this  shall  be  to  them  a  sufficient  warrant. 
Given  und?  my  hand  at  Fort  James  in  New  Yorke  this  25^ 
day  of  Aprill  1670. 

[Francis  Lovelace.] 


No.  XVI. 

DIVORCE     CASE     OF     REBECCA     LEVERIDGE 

AGAINST  ELEAZAR  LEVERIDGE,  OF  HUNT- 

INGTON,  LONG  ISLAND. 


The  Governor  Lre  to  M?  Wood.  C-  A. 

(NYSL) 

M?  Wood  1 

I  haue  rec*?  a  Peticon  from  Rebecka  ye  wife  of  Eleazer  1669/70 
Leveredg  of  yo?  Towne  by  ye  hands  of  her  father  Nicholas 
Wright  of  wc.h  I  herew*.11  send  you.  a  Copy  The  occasion 
thereof  being  well  knowne  to  yo"  (as  I  am  informed)  I  shall 
desire  yo"  to  Acquaint  me  in  wryting  what  hath  already  past 
concerning  this  matter  in  difference  betweene  ye  husband  & 
wife  w*!1  what  yo"  can  make  further  Inquiry  of  touching  y* 

1  Jonas  Wood. 


332 


Province  of  New  York 


c;  A-     same,  &  retorne  me  a  speedy  Ace*   thereof  Togeth?  yor 
^NYSL)    Opinion  of  ye  whole  Case  Whereupon  I  shall  endeauo?  to 

I  'J  l 

proceed  in  decision  of  ye  matter  according  to  Law  &  good 
Mar.  9    Conscience,  This  is  all  at  prsent  from 

Yor  very  Loving  freind 

Fran  Louelace 
Fort  James  in  New  Yorke 
March  9^  1669. 


C.  A. 

2:486 

(NYSL) 


1670 
Apr.  i 


An  Ord?  for  ye  hearing  ye  matter  in  difference 
betweene  Eleazer  Leveridg  of  Huntington  &  his 
wife  Rebecka  at  a  Speciall  Court  to  be  houlden 
in  this  Citty. 

Whereas  Nicholas  Wright  of  Oyster  bay  hath  on  ye  behalfe 
of  Rebeckah  his  daught?  wife  of  Eleazer  Leveridg  of  Hunt- 
ington made  Complaint  unto  me  of  ye  uncomfortable  con- 
dition wherein  his  said  Daughter  hath  for  diuers  yeares  past 
liued  w*h  her  said  husband  &  there  haueing  beene  formerly 
seuerall  Complaints  made  both  on  ye  parte  of  ye  Relations 
of  ye  husband  as  well  as  those  of  ye  wife  suggesting  some 
notorious  fault  or  impediment  on  ye  one  syde  or  ye  other 
wc^  hitherto  hath  not  beene  fully  or  clearely  made  appeare, 
so  that  their  mutuall  discords  &  differences  doe  still  continue, 
To  ye  end  a  faire  Composure  of  ye  same  may  be  effected  or 
some  other  Lawfull  course  taken  therein,  I  haue  by  &  wth 
ye  advice  &  consent  of  my  Councell  thought  fitt  to  ord?  & 
appoint  &  by  theise  prsents  do  ord?  &  appoint  that  Eleazer 
Leveridg  &  Rebeckah  his  wife  doe  appeare  here  in  this 
Citty  upon  Wednesday  ye  fourth  day  of  May  next  before  a 
speciall  Court  then  appointed  to  Examyne  into  &  determyne 
ye  matter  in  difference  betweene  them,  &  all  persons  con- 
cerned, or  that  can  giue  in  evidence  on  either  parte  are 


[Ivi]  Collateral  and  Illustrative  Documents  333 


likewise  hereby  required  to  make  their  appearance  before      c-  A. 
ye  said  Court  for  ye  better  clearing  of  y6  truth,  so  that  ye    (NYSL) 
controversy  may  be  decided  according  to  Law  &  good  con- 
science, Giuen  und?  my  hand  at  ffort  James  in  New  Yorke     Apr.  i 
this  Is?  day  of  Aprill  1670.  [Francis  Lovelace.] 

To  all  Persons  whome  this  may  Concerne. 


A  Comission    graunted   to   M?  Thomas      c- A' 

2: 522 

Lovelace  &  othr.s  to  inquire  into  ye  matt'    (NYSL) 
betweene  Eleazer  Leveredg  &  Rebecka 
his  wife. 

Whereas  Complaint  hath  beene  made  unto  me  by  Nicholas  1670 
Wright  on  ye  behalfe  of  Rebeckah  his  Daught?  agt  Eleazer 
Leveredg  her  husband  &  also  by  ye  said  Rebeckah  against 
him  ye  said  Eleazer  that  hauing  beene  joyned  in  matrimonye 
for  ye  space  of  seauen  yeares  &  a  halfe  or  thereabouts  he  y6 
said  husband  hath  not  perfourmed  Conjugall  Rights  unto 
his  wife,  but  on  ye  contrary  hath  caused  her  to  lead  a  very 
uncomfortable  life  w*.h  him,  And  the  said  ffather  &  daughtf 
upon  supposition  of  Impotency  &  insufficiency  in  ye  said 
Eleazer  Leveridg  hauing  sued  for  a  divorce,  the  hearing  & 
Examinacon  into  wc.h  matt?  I  do  not  judg  meet  should  come 
before  a  publique  Court,  I  haue  therefore  thought  fitt  to 
nominate  &  appoint  &  by  theise  prsents  do  hereby  nominate 
&  appoint  yo"  Thomas  Lovelace  Esq?  MT.  Samuell  Maverick 
Mr  Matthias  Nicolls  Cape  John  Manning  &  Mr  Humphrey 
Davenport  to  be  Com1?  to  meet  at  some  Convenient  place 
this  afternoon  then  &  there  to  heare  &  Examyn  into  this 
matter  in  difference  betweene  ye  said  Eleazer  Leveredg  & 
Rebeckah  his  wife,  To  w^  end  yo?  are  to  call  both  ye  partyes 
before  yo?  or  whosoever  else  can  Giue  Evidence  or  Testi- 


334  Province  of  New  York 


2^522     nionye  in  ye  matter  To  whome  yo"  may  administer  an  Oath 

(NYSL)    for  ye  bett?  clearing  of  ye  truth  wcl?  Oath  yo?  are  hereby 

Empowred  to  giue  as  also  to  Employ  any  oth?  person  or  per- 

May  6     sons  skilfull  in  such  matters  to  make  inquiry  into  ye  defect 

&  impediments  alleadged  whereupon  you  are  to  giue  yo? 

Judgm1?  &  rend'  me  an  Account  thereof  that  I  may  make 

some  finall  determination  thereupon     Given  und?  my  hand 

&  scale  this  6t.h  day  of  May  in  ye  22^  yeare  of  his  Mat!?s 

Raigne  Annoqp  Domini  1670.  [Francis  Lovelace.] 

2:^9  The  Governo1?   Instructions  to  ye  Com1? 

(NYSL)  appointed    to    inquire    into   ye    matt? 

betweene  Eliezer  Leveridg  &  Rebecka 

his  wife. 

1670         Whereas  a  certaine  Petition  was  prsented  to  me  from 

May  6 

Rebecka  Leveredg  wife  to  Eliazer  Leveredg  of  Huntington 

Complayning  that  she  being  his  reputed  wife  for  ye  space  of 
seaven  yeares  &  a  halfe,  hath  in  all  that  tyme  receiued  no 
due  benevolence  from  ye  said  Eleazer  according  to  ye  true 
intention  of  matrimony  The  great  end  of  wc.h  is  not  onely 
to  Extinguish  those  Fleshly  desires  &  appetites  incident  to 
humane  nature  but  likewise  for  ye  well  ordering  &  confirma- 
con  of  the  Right  of  meum  &  tuum  to  be  devolved  upon  ye 
Posterity  lawfully  begotten  betwixt  man  &  wife  according 
to  ye  Lawes  of  ye  Land  &  practise  of  all  Christian  Nations 
in  that  Case  provided,  I  haue  therefore  thought  fitt  (for 
some  reasons  me  thereunto  moving)  not  to  Assume  ye 
Examynacon  of  ye  Case  of  Impotence  into  my  hand  but 
referr  ye  debate  of  that  to  such  persons  as  by  a  Coinission 
und?  my  hand  &  scale  I  shall  authorise  fully  to  heare  that 
matter  &  to  make  a  Report  thereof  to  me  who  thereupon 
will  giue  in  my  determynation  as  the  Justice  of  ye  Cause 


Collateral  and  Illustrative  Documents  335 


shall  meritt,  And  for  ye  future  Execution  of  ye  said  Com0?      c-  A- 

2: 519 

I  giue  theise  further  directions.  (NYSL) 

First  in  regard  ye  prayer  of  ye  Petition  implyes  a  divorce 
(for  ye  reasons  alleadged  therein)  you  are  principally  to  May  6 
inquire  wheth?  they  are  man  &  wife  according  to  ye  Lawes 
&  practise  of  that  Governm*  that  was  Establis'ht  over  them. 
Secondly  if  it  shall  appeare  to  yo"  to  ye  contrary  that  then 
ye  partyes  be  bound  ouer  ye  next  Sessions,  there  to  answer 
their  Contempt  &  breach  of  ye  Law. 

But  if  it  shall  appeare'before  yo"  that  they  were  lawfully 
Espoused  to  each  oth^  according  to  the  Law  in  that  Case 
provided  that  then  yo"  enter  into  ye  debate  &  determination 
of  ye  insufficiency  alleadged  by  Rebeckah  Leveredg  wife  to 
Eleazer  her  reputed  husband  as  is  alleadged  in  the  Petition 
concerning  his  sufficiency  for  procreation  ye  true  end  of 
matrimony  to  ye  Accomplishing  of  wc.h  yo"  haue  by  yo? 
Comission  ord^  to  Convene  a  Councell  of  ye  ablest  Chirur- 
gions  or  other  knowing  persons  in  such  case  for  ye  Exaiacon  of 
Eleazer  Leveredg  his  sufficiency  for  procreation  or  ye  defici- 
ency of  Rebecka  Leveridg  ye  reputed  wife  of  Eleazer  by 
authorising  such  graue  &  skilfull  Matrons  to  Examyn  into 
ye  Sufficiency  or  defect  of  hir  nature  in  Case  any  should 
appeare  &  to  retorne  you  an  Account  thereof  wc.h  likewise 
yo'1  are  to  Transmitt  to  me  togeth?  w*.h  your  results  & 
opinions  of  yo^  Judgments  of  ye  whole  matter  c'omitted  to 
yor.  hearing  according  to  yo?  Comission  &  Instructions. 
May  ye  6^  1670.  [Francis  Lovelace.] 


A  Divorce  graunted  to  Rebeckah      C.  A. 
Wright  from  Eleazer  Leveridg.     (NYSL) 

Whereas  Nicholas  Wright  of  Oysterbay  on  y?  behalfe  of 
his  Daughtf  Rebeckah  y?  wife  of  Eleazer  Leveridg,  &  ye. 


22 


336  Province  of  New  York 


2^  607  sa^  Rebeckah  for  her  selfe,  did  make  their  Complaint  unto 
(NYSL)  me  against  y?  said  Eleazer  Leveridg  her  husband,  That  she 
o  having  beene  his  reputed  wife  for  ye.  space  of  Seaven  yeares 
Oct.  22  &  a  halfe,  She  hath  not  in  all  that  tyme  Received  any  due 
benevolence  from  her  said  husband  according  to  y?  true 
Intention  of  Matrimonye,  The  greate  end  of  wc.h  is  not  onely 
to  Extinguish  those  fleshly  desires  &  appetites  incident  to 
Humane  nature  but  likewise  for  y*  well  ordering  &  Confirma- 
tion of  ye.  Right  of  Meum  &  Tuum  to  be  devolved  upon  the 
Posterity  lawfully  begotten  betwixt  man  &  wife  according 
to  ye  Laws  of  y?  Land  &  practise  of  all  Christian  Nations  in 
that  Case  provided,  &  did  therefore  sue  for  a  divorce,  Where- 
upon having  appointed  Com1?  to  call  both  partyes  before 
them  &  strictly  to  Examyne  into  ye.  Affayre  &  to  make  report 
of  their  Judgment  thereupon  ye.  wc.h  after  serious  inquiry 
made  by  them  w*!1  y?  Advice  of  Chirurgions  well  skill' d  & 
Sober  Matrons  who  privily  Examyned  both  ye.  man  &  woman, 
they  made  Report  of  their  Judgment  &  opinion,  That  y? 
defect  was  in  y?  husband  &  not  in  y?  wife,  And  that  there 
was  sufficient  ground  for  a  divorce,  All  w0!1  being  afterwards 
represented  to  my  Councell  &  they  having  declared  them- 
selues  to  agree  in  ye.  Same  opinion:  For  y*  Reasons  afore 
specified,  y<r  prtended  marriage  betweene  y*  said  Eleazer 
Leveridg  &  Rebeckah  Wright  is  hereby  adjudged  &  declared 
to  be  void  null  &  invalid,  Togeth?  w^  all  y*  Consequences 
thereof,  &  y?  said  Rebeccah  Wright  is  hereby  acquitted  made 
free  &  divorced  from  all  prtences  of  marriage  or  Matrimo- 
niall  Tyes  &  obligations  betweene  her  &  y?  said  Eleazer  & 
ye  cca?  said  Rebh  hath  likewise  free  libertye  to  dispose  of  her 
selfe  in  Lawfull  marriage  w*.h  any  oth?  ^son  as  if  y^tyes  & 
Obligations  betweene  y^  said  Eleazer  &  her  had  never  beene. 
Given  und?  my  hand  &  Sealed  w^  y?  Scale  of  y?  Province 
this  22^  day  of  October  in  y?  22^  yeare  of  his  Ma11.63  Raigne 
Annocp  Domini  1670. 

[Francis  Lovelace.] 


rNo.  1 
LxviiJ 


Collateral  and  Illustrative  Documents 


337 


No.  XVII. 

STATEN  ISLAND  —  FINAL  PURCHASE  OF  ISLAND 
FROM  INDIANS  IN  1670. 


The  Governor.s  Lett? 


Gent 


C.A. 

2:468 

(NYSL) 


Having  Rec^  a  Complaint  against  yo?  neighbour  Indians  1669/70 
from  M?  Stillweli  &  Nathan  Whitmore  on  ye  behalfe  of  ye 
Inhabitants  in  Genr.n  of  yor-  Towne  &  likewise  heard  & 
debated  what  they  had  to  say  as  to  your  Jealousyes  &  feares 
of  ye  Indians  Insolencyes  &  threatnings  grounded  upon 
their  prtences  that  ye  Land  there  hath  not  beene  paid  for, 
&  that  your  Horses  Hoggs  or  Cattle  haue  done  them  damage 
in  their  Corne  I  haue  thought  good  to  retorne  yo"  this  in 
answer  That  in  ye  first  place  yo"  send  to  them  &  treate  w^ 
those  concerned  in  a  freindly  way  touching  ye  purchase  of 
soe  much  of  that  Island  as  hath  not  beene  already  bought 
&  payd  for  ye  wc.h  can  be  proued  to  haue  beene  perfourmed 
in  parte  notw^standing  their  denyall,  &  that  yo"  do  it  as 
for  yo'selues,  &  at  as  easy  a  rate  as  possible,  ye  wc.h  will 
turne  to  yoT.  owne  perticuler  advantage,  &  hauing  so  done 
that  yo"  cause  ye  same  to  be  remitted  to  me  for  a  Confirma- 
tion, &  whether  you  shall  be  admitted  purchasers  or  that  I 
shall  comply  w^  yor.  Agreem*  &  buy  it  for  his  Royal!  High- 
ness, It  shall  be  still  for  yor.  good  &  benefitt,  I  shall  onely 
expect  ye  prference  in  ye  purchase  on  ye  Dukes  behalfe,  As 
to  their  threatnings  yo"  ought  not  to  shew  ye  Least  appre- 
hension of  feare  of  them,  But  it  is  yor.  parte  to  haue  a  Vigilant 
Eye  over  their  Actions  &  Motions,  &  that  yoH  cause  a  Guard 
to  be  kept  in  ye  Towne  for  yor.  defence  against  any  suddaine 
mischeife  from  them,  ye  wch  as  there  shall  be  occasion  &  I 
[22] 


338 


Province  of  New  York 


[xvij 


C.  A. 
2:468 

(NYSL) 

1669/70 
Feb.  16 


haue  notice  thereof  shall  be  strengthned  w^  a  supply  of  a 
partye  of  Souldiers  &  an  Officer  from  hence  capable  to 
offend  them  as  well  as  to  defend  yo?.  That  upon  discourse 
of  ye  damage  they  prtend  to  haue  rec<?  by  yoT  horses  Cattle 
or  hoggs  yo"  may  shew  to  them  ye  great  difficulty  of  preuent- 
ing  it  as  long  as  their  Corne  lyes  unfen'ct  &  ye  greate  charge 
it  will  be  to  fence  in  their  ground  as  it  lyes  in  ye  midst  of  yc 
woods  but  if  they  could  pitch  upon  some  Neck  of  Land  fitt 
for  that  purpose  w^  may  w*.h  more  ease  be  fen'ct  in,  that 
yo"  will  be  ready  to  assist  them  in  setting  of  it  up  unless 
they'l  agree  upon  Termes  to  leaue  ye  Island  wholly  —  If 
yo"  can  proue  that  they  haue  kill'd  or  destroyed  any  of  yoT. 
horses  Cattle  or  Hoggs  yo^  may  acquaint  them  that  ye 
English  Law  will  Constrayne  them  to  make  satisfaction  for 
them,  &  that  it  is  no  Trespasse  for  them  to  come  upon  any 
ground  unfenc't,  but  lett  your  discourse  tend  to  a  friendly 
composure  of  all  differences. 

In  Conclusion  yo"  may  acquaint  them,  that  my  resolution 
is  to  be  upon  ye  Island  in  ye  spring,  when  if  they  haue  any 
thing  extraordinary  to  propose  or  Complaint  to  make,  I 
shall  be  ready  to  ord?  all  due  satisfaction  to  be  giuen  therein 
&  will  endeauo?  to  remoue  all  future  Occasions  of  difference 
betweene  yoH  &  them.  This  is  all  at  prsent,  I  haue  to  Recoiri- 
end  to  yo"  so  conclude  being 

Yo?  Very  Loving  freind 
Febr?  16^  1669.  Fran:  Louelace 


(NYSL) 


1670 
Apr.  13 
and  15 


[Indian  Deed  of  Staten  Island,  1670.] 

This  Indenture  made  the  Thirteenth  Day  of  Aprill  in  the 
22^  yeare  of  the  Raigne  of  o?  Soveraigne  Lord  Charles  the 
Second  by  the  Grace  of  God  of  England  Scotland,  ffrance  & 

1  Formerly  in  Land  Papers,  vol.  I,  p.  34,  office  of  Secretary  of  State. 


Collateral  and  Illustrative  Documents  339 


Ireland  Kinge  Defend?  of  the  Faith  &c  &  in  th[e]  yeare  of   -(HYSL) 

our  Lord  God  1670,  Between  y8  Rt  Honbl.e  Francis  Lovelace      l6?|) 

Esqr  Governor  Genr!]  und?  his  Royall  Highness  James  Duke 

of  York  &  Albany  &c    Of  all  his  Territoryes  in  America 

for  &  on  ye  behalfe  of  his  said  Royall  Highness  on  ye  one 

parte  and  Aquepo,  Warrines,  Minqua-Sachemack,  Peman- 

towes  Quewequeen,  Wewanecameck,   and   Mataris,  on  ye 

behalfe  of  themsel[ves]  as  the  True  Sachems  Owners  &  law- 

full  Indian  Proprietors  of  Staten  Island  &  of  all  oth?  Indians 

any  way  concerned  therei[n]  on  ye  other  parte   Witnesseth, 

That  for  &  in  consideration  of  a  certaine  sume  of  Wampom  & 

divers  other  goods,  wc.h  in  th[e]  Schedule  hereunto  annext 

are  Exprest,  unto  ye  said  Sachems  in  hand  paid  by  the  said 

Governor  ffrancis  Lovelace  or  his  Order,  The  receipt  whereof 

they  ye  said  Sachems  Doe  hereby  Acknowledg,  &  to  be  fully 

satisfied,  &  thereof  &  every  parte  thereof  Doe  for  them- 

selues  &  all  others  concerned  their  heires  and  Successors 

&  every  of  them   clearly  acquitt  and  discharge  the  said 

Governour  &  his  Successors  Have  given  graunted  bargained 

&  sould,  &  by  theise  prsents   Doe  fully  &  absolutely  give 

graunt  bargaine  &  sell  untoy6  said  ffrancis  Lovelace  Gover- 

nour for  &  on  ye  behalfe  of  his  Royall  High[?]  aforementioned 

All  that  Island  lyeing  &  being  in  Hudsons  Ryver,  comonly 

called  Staten  Island  &  by  ye  Indian[s]  Aquehonga  Manack- 

nong  —  having  on  ye  South  ye  Bay  &  Sandy  point,  on  ye 

North  ye  Ryver  &  ye  Citty  of  New  Yorke  on  Manh[a]tans 

Island,  on  ye  East  Long  Island,  &  on  ye  west  ye  maine  Land 

of  After  Coll,  or  New-  Jersey,  Togeth?  w^  all  ye  Lands 

soy[les]  meadowes  fresh  &  salt  pastures  Comons  wood  land 

Marshes  Ryvers  Ryvoletts  streames  Creeks  waters  Lakes  & 

whatsoever  to  ye  said  Island  is  belonging  or  any  way  apper- 

teyning,  &  all  &  singuler  oth?  ye  prmisses  wth  th'appur- 

tenance[s]  &  everye  parte  &   parcell   thereof,  wthout  any 


340  Province  of  New  York 


(NYSL)    reservation  of  ye  herbage  or  Trees  or  any  other  thinge  grow- 
1670      m&  or  being  thereupon]     And  the  said  Sachems  for  them- 
*3    selues  &  all  others  concerned  their  heires  &  successor  Doe 

15 

Covenant  to  &  w*.h  ye  said  Governor  &  his  successor  for  & 
on  ye  behalfe  aforesaid  in  manner  &  forme  following,  That 
is  to  say  That  they  ye  said  Sachems  now  are  ye  very  True 
sole  &  Lawfull  Indian  Owners  of  the  said  Island  &  all  & 
singuler  of  ye  prmisses,  as  being  derived  [to]  them  by  their 
Auncestors,  &  that  now  at  th'ensealing  &  delivery  of  theise 
prsents  they  are  lawfully  seized  thereof  [to]  ye  use  of  them- 
selues  their  heires  &  Assignes  for  ever  according  to  ye  use 
&  Custome  of  ye  rest  of  ye  Native  Indians  of  the  Country, 
And  further  That  ye  said  Island  now  is  &  at  ye  tyme  of 
Executing  of  ye  said  Estate  to  be  made  as  aforesaid  shall 
be  &  from  tyme  to  tyme  &  at  all  tymes  hereafter  shall  & 
may  stand  remaine  and  continue  unto  ye  said  Governor  & 
his  successors  to  ye  use  of  his  Royall  Highness  as  aforesaid, 
free  &  [c]learly  discharged  &  Acquitted  from  all  &  every 
former  bargaines  sales  guifts  Graunts  &  Incumbrances 
whatsoever  And  furthermore  the  said  Sachems  for  them- 
selues  and  all  others  concerned  their  heires  &  Successors 
Doe  Covenant  That  ye  said  Governor  his  successor  & 
Assignes  for  &  on  ye  behalfe  of  his  Royall  Highness  as  afore- 
said shall  &  may  from  henceforth  forever  Lawfully  peace- 
ably &  quietly  haue  hould  possesse  &  Enjoy  all  the  said 
Island  vr^  th'appurtenances  &  all  &  every  othT  ye  prmisses 
w^  their  appurtenances  wthout  any  Lett  resistance  Dis- 
turbance or  interuption  of  the  said  Sachems  or  any  others 
concerned  their  heires  &  successor  &  wthout  any  manner 
of  Lawfull  Lett  resistance  molestation  or  interuption  of  any 
other  person  or  persons  whatsoever  Clayming  by  from  or 
under  them  or  any  of  them  And  It  is  likewise  Lastly  Cov- 
enanted &  agreed  That  ye  said  Sachems  &  ye  rest  of  the 


Between  pp.  340  and  341. 


Q 
W 

w 

Q 


HH     O 


H  S3 


CJ 


O 


. 


. 


n 


<0 


K.  cq> 

I  H  ^ 

ON  wo 

g 


P  O 

w 
w 

o 


[xvii]  Collateral  and  Illustrative  Documents  341 


Indians  concerned  wfc.h  them  now  Inhabiting  or  residing  upon 

ye  said  Island  shall  haue  Free  leaue  &  Liberty  to  be  &      l6 

remaine  thereupon  untill  ye  First  Day  of  May  next,  when    APr- 

i         f  and 

they  are  to  surrend'  the  possession  thereof  unto  such  person 

or  persons  as  ye  Governor  shall  please  to  appoint  to  see  ye 
same  put  in  Execution  upon  wch  day  They  are  all  to  Trans- 
porte  themselues  to  some  other  place  &  to  resigne  any 
Interest  or  Clay  me  thereunto  or  to  any  parte  thereof  for- 
ever To  haue  &  to  hould  ye  said  Island  so  bargained  & 
sould  as  aforementioned  unto  ye  said  Francis  Lovelace 
Governor  &  his  successors  for  &  on  ye  behalfe  of  his  Royall 
Highness  his  heires  &  Assignes  unto  ye  proper  use  &  behoof 
of  his  said  Royall  Highness  his  heires  &  Assignes  for  ever. 
In  witness  whereof  ye  Partyes  to  theise  prsent  Indentures 
haue  Interchangably  sett  to  their  hands  &  seales  the  day 
and  yeare  first  herein  wrytten 

Sealed  &  Deliuered  in  ye  prsence  of 

The  marke  of 
Cornf  Steenwijck,  Maijor  X  [Seal] 

Aquepo 
Tho.  Louelace  The  marke  of  Aquepo 

X  [Seal\ 

Matthias  Nicolls  on  the  behalfe  of 

Warrenes 
C  V  Ruijven  The  marke  of  Wawanecameck 

X 
Oloff  Stevens  Vn  Cortlant  on  the  behalfe  of    [Seal] 

Minqua  Sachemack 
Allard  Anthonij  The  marke  of  Aquepo 

X 

Johannes  vanbrugh  on  the  behalfe  of     [Seal] 

Pemantowes 


342 


Province  of  New  York 


[xvii] 


<NYSL)     Gerret  van  Tricht  The  marke  of 

1670  X  [Seal] 

|    I  Bedloo  Quewequeen 

The  marke  of 

Warn.  Wessels  Constab  X  [Seal] 

Wawanecameck 
The  marke  of 

X  [S*al\ 

Mataris 
William  Nicolls  >| 

Humphrey  dauenport  xr      , 

n        r    D  ji  f4  Youths. 

Cornells  Bedloo 

nicholaes  Anthonij         J 

Memorand.  That  the  young  Indyans  not  being  present  at 
the  Ensealing  &  delive[ry]  of  the  within  written  deed,  it 
was  again  delivered  &  acknowledged  before  them  wfhose] 
names  are  here  under  written  as  witnesses.] 

Aprill  the  15*5.  1670. 


Signed  in  presence  of 
The  Governor 
Capt?  Manning 
The  Secretary. 


The  marke  of    X 
about  5  yeares  old 


Pewowahone. 
a  boy. 


The  marke  of    X     Rok[o]que[s] 
about  6  yeares  old     a  Girle. 
The  marke  of    X     Shinginnerno. 
about  12  yeares  old     a  Girle. 
The  marke  of    X     Kanarehanse 
about  12  yeares  old     a  Girle. 
The  marke  of    X    Maquadus 
about  15  yeares  old,    a  young  man. 
The  marke  of    X    Asheharewas 
about  20  yeares  old     a  young  man. 


r  NO.  i 
LxviiJ 


Collateral  and  Illustrative  Documents 


343 


A  ffirkin  of  Powder 
Sixty  Barres  of  Lead 
Thirty  Axes 
Thirty  Howes  & 
Fifty  Knives 


7 
8 

9 
10 
ii 


The  Payment  Agreed  upon  for  ye  Purchase  of  Staten- 
Island  Conveyed  this  Day  by  ye  Indian  Sachems  Proprieto" 
(vizt) 

1  Fower  hundred  Fathom 

of  Wampom 

2  Thirty  Match  Coates 

3  Eight  Coats  of  Dozens 

made  up 

4  Thirty  Shirts 

5  Thirty  Kettles 

6  Twenty  Gunnes 

Memorandum  It  is  Covenanted  &  Agr[eed  upon  by  & 
betweene  ye]  within  mentioned  Francis  Lovelace  Esq?  Gov- 
er[nor]  &c  for  &  in  ye  behalfe  of  his  Royall  Highns.s  &  ye 
wthin  wrytten  Sache[m]s  on  ye  behalfe  of  themselues  &  all 
othr?  concerned  before  th'ensealing  &  delivery  hereof  That 
Two  or  Three  of  ye  said  Sachems  their  heires  or  successors 
or  so  many  Persons  Imployed  by  them  shall  once  every 
yeare  (vizt)  upon  ye  First  day  of  May  yearely  after  their 
surrend?  repair  to  this  ffort  to  acknowledge  their  Sale  of  the 
said  Staten  Island  to  ye  Governour  or  his  Successors  to 
continue  a  mutuall  freindship  betweene  them  As  witness 
their  hands. 

The  mark  of    X    Aquepo    [The]  marke  of    X    Aquepo 

on  the  behalfe  of 


The  mark  of 

X 

Wewanacamec[k] 

on  ye  behalfe  of 

Minqua  Sachemack 

The  marke  of    X    Aquepo 

on     behalfe    of 

Pemantowes 


The 


Warrines 
The  marke  of 

X 

Quewequeen 
The  marke  of 

X 

Wewanecameck 
marke   of    X     Mataris. 


1670 

Apr.  13 
and  15 


344  Province  of  New  York  [xNvu] 


Endorsed: 

l670  Staten  Island  Deed  of  Purchase 

from  the  Indians l 
Apr  1(3]  1670 

Recorded  ye  Day  &  yeare  wthin 

wrytten  by  me  [  Two  seals] 

Matthias  Nicolls    Seer 

C.  A. 

2:518 
(NYSL) 

X67o  A  warrant  for  M?  Thomas  Lovelace  & 

May  2  M?  Matthias   Nicolls  to  take   possion 

of  Staten  Island. 

These  are  to  appoint  yo^  M?  Thomas  Lovelace  &  M^ 
Matthias  [Nicolls]  to  repayre  this  day  to  Staten  Island  there 
to  take  possession  by  Turfe  &  Twigge  &  ye  surrend?  of  ye 
said  Island  by  ye  Indian  Sachems  &  Proprietors  in  ye  name 
of  his  Royall  Highness  according  to  ye  Teno?  of  ye  bill  of 
Sale  &  Purchase,  &  for  so  doeing  this  shall  be  yo?  warrant, 
Given  und?  my  hand  at  ffort  James  in  New  Yorke  this  2* 
day  of  May  1670. 

[Francis  Lovelace.] 

•The  signatures  of  those  who  witnessed  this  deed,  as  well  as  the  marks 
of  the  principal  Indians,  are  given  in  exact  size  of  the  original  on  the 
accompanying  facsimile  plates.  It  will  be  noticed  that  the  signature  of 
Governor  Francis  Lovelace  is  not  there.  This  was  an  indenture  deed  and 
the  governor  put  his  signature  on  that  one  of  the  two  deeds  which  went  to 
the  custody  of  the  Indians,  and  which  is  now  in  the  New  York  Historical 
Society. 


Collateral  and  Illustrative  Documents  345 


No.  XVIII. 

THOMAS  MAYHEW,  JURISDICTION  OF  MARTHA'S 

VINEYARD,  NANTUCKET  AND  OTHER 

ISLANDS,  ETC. 


[Deed  to  Thomas  Mayhew,  Sr.,  and  others.]  ee 

fc  3  •  55 

(Sec.  State) 

Recorded  for  Mr  Tristram  Coffin,  &  Mr 
Thomas  Macy  the  day  afore-written.1 


These  Presents  doe  Wittness  That  I  Tames  fforrett  Gent. 

J  Oct.  13 

who  was  sent  over  into  these  parts  of  America  by  ye  Hon^le  — 
ye  Lord  Sterling  with  a  Commission  for  ye  Ordering  &  Dis-  ^7Ie 
posing  of  all  ye  Islands  that  lye  between  Cape-Cod  &  Hud-  *"**  29 
sons  River,  &  hath  hitherto  continued  his  Agency  without 
any  Contradiction,  doe  hereby  Grant  unto  Thomas  Mayhew 
of  Water-Towne  Merch^  &  to  Thomas  Mayhew  his  Sonn 
ffree  Liberty  &  full  power  to  them  &  their  Associates  to  plant 
&  Inhabitt  upon  Nantuckett,  &  two  other  small  Islands  adja- 
cent, &  to  enjoy  ye  said  Islands  to  them  &  their  Heyres,  & 
Assignes  forever.  Provided  That  ye  said  Thomas  Mayhew 
&  Thomas  Mayhew  his  Sonn  or  either  of  them  or  their  Asso- 
ciates doe  Render  &  give  yearly  unto  ye  HofH  ye  Lord  Sterling 
his  Heyres  or  Assignes  such  an  Acknowledgm*  as  shall  be 
thought  fitt  by  John  Winthrop  Sen?  Esq?  or  any  two  Magis- 
trates in  ye  Massachusets  Bay,  being  chosen  for  that  end 
&  purpose  by  ye  Hon*?  ye  Lord  Sterling  or  his  Deputyes; 
And  by  ye  said  Thomas  Mayhew  &  Thomas  Mayhew  his 
Son  &  their  Associates  It  is  agreed  That  ye  Governm*  that 
ye  said  Thomas  Mayhew,  &  Thomas  Mayhew  his  Son  & 

1  This  deed  with  slight  and  immaterial  variations  was  recorded  for  Thomas 
Mayhew  and  Matthew  Mayhew,  July  16,  1671,  in  Deeds,  vol.  3,  pp.  64,  76. 


346  Province  of  New  York  [xvm] 


Deeds     their  Associates  shall  sett  up  their,  shall  bee  such  as  is  now 
31  55 
(Sec.  State)  Established  in  ye  Massachusetts  aforesaid;  And  that  ye  said 

Thomas  Mayhew  &  Thomas  Mayhew  his  Sonn,  &  their 

Oct.  13    Associates  shall  have  as  much  Priveledge  touching  their 

Recorded  planting,  Inhabiting,  &  Enjoying  of  all  &  every  part  of  ye 

TuneiQ    Premisses  as  by  Patent  is  granted  to  ye  Patentees  of  ye 

Massachusetts  aforesaid  &  their  Associates.     In  wittness 

whereof  I  ye  said  James  fforrett  have  hereunto  Sett  my 

Hand  &  Seale  ye  13th  day  of  October,  Sixteen  hundred   & 

ffourty  one.  1641. 

James  (Seale)  fforrett. 
Signed,  Sealed,  &  Delivered  in 
ye  prsence  of  us 

Robert  Corne 
Nichol:  Davyson. 
Richard  Stileman. 


Here  followes  ye  Records  of  Mr  Mayhew'  s  Con- 
(Sec.  State)  cernes  wth  ye  Governor;  [That  being  ye  Busyness 

that  happned  to  be  next  dispatcht. 

Deeds  Certaine  Deeds  and   other   Writeings  Recorded  1 

(Sec.  State)  for  Mr  Thomas  Mayhew  of  Martins  Vineyard 

&    Mr    Matthew    Mayhew    his    Grand-Childe, 
this  i6th  day  of  July  1671.  as  followeth.  —  Viz* 


Another  Deed  made  by  James  Forrett. 
(Sec.  State) 

1641          Whereas  by  Vertue  of  a  Commission  from  ye  Lord  Sterling 
Oct>  23    James  fforrett  Gent  hath  granted  Liberty  &  full  power  unto 

1671  l  ^e  ^eec*  fr°m  James  Ferret  as  agent  for  Lord  Stirling,  October  13,  1641, 

July  16  recorded  previously  for  Coffin  and  Macy,  was  again  recorded  on  July  16,  1671, 
for  the  Mayhews,  and  hence  is  omitted  here  from  the  head  of  the  above  group 
(pp.  64-5). 


:vin]          Collateral  and  Illustrative  Documents  347 


Thomas  Mayhew  of  Watertowne  Merch*  &  Thomas  Mayhew     Deeds 
his  Sonn  &  their  Associates  to  Plant  ye  Island  of  Nantuckett  (Sec.  State) 
according  to  Articles  in  a  Deed  to  that  purpose  expressed; 
Now  fforasmuch  as  ye  said  Island  hath  not  been  yett  well     Oct.  23 
Surveyed,    whereby    It    may    appeare,    That    comfortable  Recorded 
Accomodacon  for  themselves  &  their  Associates  will  there  be 
found;  This  therefore  shall  serve  to  Testify  that  I  ye  said 
James  fforrett  by  Vertue  of  my  said  Commission  doe  hereby 
Grant  unto  ye  said  Thomas  Mayhew  &  Thomas  Mayhew  his 
Sonn,  &  their  Associates  as  much  Lyberty  to  Implant  upon 
Martins  Vineyard,  &  Elizabeth  Islands  as  They  have  by 
vertue  of  ye  Deed  Granted  unto  them  for  Nantucket,  as 
therein   (plainly  in   all   Considerations,   both   on  ye   Right 
Honble  ye  Lord  Sterlings  part,  &  on  ye  said  Thomas  Mayhew 
his  Sonn  &  their  Assocyates)  doth  appeare.     And  in  witness 
hereof  I  ye  said  James  Forrett  have  hereunto  Sett  my  Hand 
this  23d  day  of  OctobV  Anno  Dm  1641. 

James  Forrett 
Signed,  Sealed,  &  Delivered  in 

ye  prsence  of  us    John      X     Daham 

his  marke. 
Garrett  Church. 


A  Deed  made  to  Mr  Mayhew  by  Richard  Vines.     Deeds 

3:66 

I   Richard  Vines  of  Saco  Gent.   Steward  Gen'1.1  for  & 
fferdinando  Gorges  K*  Lord  Proprietor  of  ye  Province  of    Oct.  25 
Mayne  Land,  &  ye  Islands  of  Capawock  &  Nantican,  doe  Recorded 
by  these  prsents  give  full  pow?  &  Authority  unto  Thomas 
Mayhew  Gent,  his  Heyres  &  Associates  to  plant  &  Inhabitt 
upon  ye  Islands  of  Capawock  als  Martha's  Vineya?d  wth  all 
Rights,  &   Priveledges  thereunto  belonging,  to  enjoy  the 
Premisses   to   himselfe   his    Heyres   &   Associates   forever. 


348  Province  of  New  York 


Yielding  &  paying  unto  ye  said  Sr  fFerdinando  Gorges  his 
State)  Heyres  &  Assignes  forever  annually,  as  two  Gent  indiffer- 
j6  i      ently  by  each  of  them  chosen  shall  judge  to  bee  meet  by  way 
Oct.  25    of  Acknowledging    Given  under  my  Hand  this  25th  day  of 
Recorded    October  1641. 

T  '67'  Rich?  Vines. 

July  10.    ,TT. 

Wittness 

Thomas  Page 
Rofct  Long. 


tyrant  from  Thomas  Mayhew,  Sr.,  and  his  Son,  to  Inhab- 
(Sec*  State)  itants  of  Martha's  Vineyard.] 

Decent  4*h  1646. 

Dec4.64         This  witnessed!  that  M?  Mayhew  ye  Elder,  &  also  Mr 

—     Mayhew  ye  younger  have  freely  given  to  ye  Men  now  inhab- 

1671  iting  on  ye  Island  namely  the  Vineyard  this  Tract  of 
Land  following  for  a  Townshipp:  Namely  all  Tawanqua- 
tacks  his  Right,  together  wth  all  ye  Land  as  farr  as  ye  Easter- 
most  Chap  of  Homses  Hole,  &  also  all  ye  Island  called  Chapa- 
quegick,  wth  full  power  to  Dispose  of  all  &  every  part  of 
ye  said  Land  as  They  see  best  for  their  own  comfortable 
Accomodacon.  The  Line  is  to  goe  from  Tequa-nomans 
Point  to  ye  Eastermost  Chap  of  Homses  Hole.  This  I  doe 
acknowledge  to  bee  ye  ffree  Grant  of  myselfe  &  my  Sonn, 
ye  day  &  yeare  above-written.  Decem:  4?h  1646: 

Per  me  Thorn:  Mayhew 

This  abovewritten  is  a  true  Coppy  taken  out  of  ye  Originall 
Grant  by  mee  Thomas  Dassett  Clerke  for  ye  Towne'Great 
Harbour  on  ye  Vineyard.  As  Wittness  my  Hand,  June  io*h 
1671. 

Per  Thorn:  Dassett 


Collateral  and  Illustrative  Documents  349 


[Deed  of  Nantucket  to  Tristram  Coffin  and  Associates.]         Deeds 

o  *5^ 

Recorded  for  Mr  Coffin  &  Mr  Macy  * 
afores*?  ye  day  &  yeare  aforesd 


Bee  it  known  unto  all  Men  by  these  Presents  That  I 
Thomas  Mayhew  of  Martins  Vineyard  Mercht  doe  hereby 
acknowledge  That  I  have  sould  unto  Tristram  Coffin,  ^71 
Thomas  May,1  Christoph?  Hussey,  Richard  Swayne,  Thomas  <^une  29 
Bernard,  Peter  Coffin,  Steeven  Green-leafe,  John  Swayne, 
&  William  Pyke,  That  Right,  &  Interest  that  I  have  in  ye 
Land  of  Nantuckett  by  Patent;  ye  wch  Right  I  bought  of 
James  fforrett  Gent.  &  Steward  to  ye  Lord  Sterling,  &  of 
Richard  Vines  sometimes  of  Sacho  Gent.  Steward  Gen?u 
unto  S^  Georges  Knight,  as  by  Conveyances  under  their 
Hands  &  Scales  doe  Appeare;  ffor  them  ye  aforesaid  to  Injoy 
&  their  Heyres  &  Assignes  forever,  wth  all  the  Priveledges 
thereunto  belonging,  ffbr  &  in  Consideration  of  ye  Sume  of 
Thirty  pounds  of  Currant  pay,  unto  whomsoever  I  ye  said 
Thomas  Mayhew  mine  Heyres  or  Assignes  shall  appoint; 
And  also  two  Beaver  Hatts,  one  for  my  selfe,  &  one  for  my 
wife.  And  further  This  is  to  declare  that  I  ye  said  Thomas 
Mayhew  have  received  to  my  selfe  that  Neck  upon  Nan- 
tuckett called  Masquetuck,  or  that  Neck  of  Land  called 
Nashayte,  The  Neck  (but  one)  no[r]therly  of  Masquetuck, 
ye  aforesaid  Sale  in  anywise  notwithstanding.  And  further 
I  y?  said  Thomas  Mayhew  am  to  beare  my  parte  of  the 
Charge  of  ye  said  Purchase  abovenamed,  &  to  hold  one  2O*h 
part  of  all  Lands  purchased  already,  or  shall  bee  hereafter 
purchased  upon  ye  said  Island  by  ye  afores^  Purchasf  or 
Heyres  &  Assignes  forever.  Briefly  It  is  thus,  That  I  really 
sold  all  my  Patent  to  ye  aforesd  nine  Men,  &  they  are  to  pay 
mee  or  whomsoever  I  shall  appoint  them  ye  Sume  of  Thirty 
pounds  in  good  merchantable  Pay  in  ye  Massachusetts,  undr 

1  An  error  for  Macyv 


350  Province  of  New  York 


Deeds     wch  Governm'  They  now  Inhabitt,  &  2  BeavT  Hatts,  &  I 
(Sec.  State)  am  to  beare  a  2Oth  part  of  ye  Charge  of  ye  Purchase,  &  to 
have  a  2Oth  part  of  all  Lands  &  priveledges;  And  to  have  wch 
July  2     of  ye  Necks  abovesd  that  I  will  my  selfe  paying  for  it;  only 
Recorded  ye  Purchasrs  are  to  pay  what  ye  Sachem  is  to  have  for  Mas- 
9   <luetuck>  although  I  have  ye  other  Neck.     And  In  wittness 
hereof  I  have  hereunto  sett  my  Hand  &  Scale  this  second 
day  of  July  Sixteen  hundred  &  ffifty  nine  1659. 

^P  me  Tho:  Mayhew. 
Wittness 

John  Smyth. 
Edward  Scale. 


Deeds  [Deed  of  Tuckanucket  to  the  Coffins.! 

3:57 
(Sec.  State) 


Recorded  for  Mr  Coffin  and  Mr  Macy  afore- 
said, ye  day  &  yeare  aforewritten. 


1659          The  tenth  day  of  October,  One  Thousand  six  hundred 
-     fifty  &  Nine;  These  Presents  Wittness,  That  I  Thomas 
Mayhew  of  Martins  Vineyard  Merch*  doe  give,  grant,  Bar- 


June  29  game>  &  seli  an  my  Right  &  Interest  in  Tuckanuck  Island, 
als  Tuckanuckett,  wch  I  have  had,  or  ought  to  have,  by 
vertue  of  Patent  Right,  purchased  of  ye  Lord  Sterlings  Agent, 
&  of  Mr  Richard  Vines  Agent  unto  Sr  fferdinando  George 
Knight,  unto  Tristram  Coffin,Sr  Peter  Coffin,  Tristram 
Coffin  Jun?  &  James  Coffin,  to  them  &  their  Heyres  forever. 
ffor  &  in  Consideracon  of  ye  just  Sume  of  six  Pounds  in 
hand  paid,  &  by  mee  Thomas  Mayhew  received  in  full  Satis- 
faction of  ye  aforesaid  Patent  Right  of  ye  aforesaid  Island. 
And  In  wittness  hereof  I  have  sett  my  Hand  &  Scale. 

Per  me   Thomas  Mayhew. 
Wittness  hereunto. 

Roger  Wheeler 

George  Wheeler. 


Collateral  and  Illustrative  Documents  351 


[Indian  Deed  of  Tuckanucket.] 

(Sec.*  State) 

Recorded  for  Mr  Coffin  &  Mr  Macey 
of  Nantuckett  ye  29th  day  of  June. 
1671. 

The  20th  day  of  flFeb^  I66I.1 
These    Presents   doe   Wittness   that   I   Wamachmamack     *6£°/i 

ret).  2O 

Chiefe  &  Head  Sachem  ef  Nantuckett  Island  doe  Bargaine  &     - 
Sell  unto  Tristram  Coffin  Senr,  Peter  Coffin,  Tristram  Coffyn      ^7I 


Junr,  &  James  Coffin  Sonnes  of  ye  abovesd  Tristram  Coffyn  J1"16  29 
Senr  ye  one  halfe  of  Tuckcanuck  Island,  ats  Tuckanuckett, 
with  all  Appertenances  &  Priveledges  thereunto  belong- 
ing, namely  that  halfe  of  ye  aforesd  Island  that  Pattacohanett 
layeth  Clayme  now  unto  since  hee  sold  ye  other  halfe,  wch 
is  ye  North  &  North-West  parts  of  ye  Island  as  it  was  divided 
by  Peter  ffolges.  Now  these  Presents  doe  further  Wittness 
that  for  &  in  Consideration  of  ye  just  Sume  of  Ten  pounds, 
I  Wamachmamack  doe  Bargaine  &  Sell  all  my  Right  & 
Interest  that  I  had,  have,  or  ought  to  have  in  ye  aforesd 
Island  of  Tuckanuck,  als  Tuckanuckett  unto  ye  abovesd 
Tristram  Coffin  Senr,  Peter  Coffin,  Tristram  Coffin  Junr,  & 
James  Coffin  abovesd,  to  them  &  their  Heyres  forever;  In 
consideration  of  ffive  pounds  in  hand  paid,  &  ffive  pounds 
more  wthin  one  Month  after  y*  I  ye  aforesaid  Wamachmamack 
shall  make  it  appeare  that  ye  Bargaine  of  Sale  concerning  ye 
above-named  Island  is  good  &  Right  according  to  Law, 
namely  that  hee  ye  sd  Sachem  was  ye  true  &  lawfull  Ownr 
of  ye  aforesaid  Island;  And  when  it  is  by  any  other  Person 
questioned  Mr  Thomas  Mayhew  is  to  determine  who  is  ye 
Right  Owner,  And  hee  that  is  found  to  be  ye  Right  Owner  is 

1  Supposedly  the  clerk  intended  to  write  1660  or  1660/1. 


352  Province  of  New  York 


Deeds     to  have  ye  ffive  pounds  that  is  unpaid.     In  wittness  whereof 
(Sec.  State)!  have  hereunto  sett  my  Hand. 

The  marke     X    of 

Feb.  20  Wamachmamack  Sachem 

R^ded  Wittness  hereunto 
1671          Peter  ffowler 
John  Clips. 


Deeds  [Indian  Deed  of  Nantucket.l 

a:54 

(Sec'  State)  Recorded  for  Mr  Tristram  Coffin,  &  Mr 

Thomas  Macy.  ye  29^  of  June  1671. 
as  aforesd 

[1660/1  1  These  prsents  wittness  y*  I  Wanackmamack  Head  Sachem 
Feb.  20  J  of  ye  Island  of  Nantuckett  have  Bargained  &  Sold,  &  doe 
Recorded  by  these  Presents  Bargaine  &  Sell  unto  Tristram  Coffin, 
June29  Thomas  Macy,  Richd  Swayne,  Thomas  Bernard,  John 
Swayne,  Mr  Thomas  Mayhew,  Edward  Starbuck,  Peter 
Coffin,  James  Coffin,  Stephen  Green-leafe,  Tristram  Coffin 
Jun?  Thomas  Coleman,  Robert  Bernard,  Christopher  Hussey, 
Robert  Pyke,  John  Smyth  and  John  Bishop  These  Islands 
of  Nantuckett,  namely  all  ye  West  end  of  ye  aforesd  Island 
unto  ye  Pond  comonly  called  Waquittaquay,  &  from  ye  head 
of  that  Pond  to  ye  North-side  of  ye  Island  Manamoy  ;  Bounded 
by  a  path  from  ye  Head  of  ye  Pond  aforesaid  to  Manamoy; 
as  also  a  Neck  at  ye  East  end  of  ye  Island  called  Poquomock, 
wth  the  propriety  thereof,  &  all  ye  Royaltyes,  priveledges,  & 
Immunityes  thereto  belonging,  or  whatsoever  Right  I  ye 
aforesd  Wanackmamak  have,  or  have  had  in  ye  same;  That 
is,  all  y6  Lands  aforemen  coned  and  likewise  ye  Winter  ffeed 
of  ye  whole  Island  from  ye  end  of  an  Indyan  Harvest  untill 
planting  time,  or  ye  first  of  May  from  yeare  to  yeare  for  ever; 
As  likewise  Liberty  to  make  use  of  Wood,  and  Timbr  on  all 
parts  of  ye  Island;  &  likewise  halfe  of  the  Meadowes  & 


Collateral  and  Illustrative  Documents  353 


Marishes  on  all  parts  of  ye  Island,  wthout  or  beside  ye  aforesd 
Tracts  of  Land  purchased;  And  likewise  ye  use  of  ye  other  (Sec.  State) 
halfe  of  ye  Meadowes  &  Marishes,  as  long  as  ye  aforesaid  _ 

English  their  Heyres  or  Assignes  live  on  ye  Island;  And  like-     1660/1 
wise    I    the   aforesaid   Wanackmamack   doe    Sell   unto   ye         ' 
English  aforemen coned  ye  propriety  of  ye  rest  of  ye  Island   Rej^jed 
belonging  unto  mee,  for  &  in  consideracon  of  fFourty  pounds    I"116  29 
already  received  by  mee  or  other  by  my  Consent  or  Ordr; 
To  have  &  to  hold  ye  aforesd  Tracts  of  Land  wth  ye  ppriety, 
Royalties,    Immunityes,    priveledges   &   all   Appertenances 
thereto  belonging  to  diem  ye  aforesd  Purchasrs  their  Heyres 
&  Assignes   forever.     In   Wittness  whereof  I   the   aforesd 
Wanackmamack  have  hereunto  sett  my  Hand  &  Scale  ye 
Day  &  yeare  above-written. 

The  signe  of  — 
Wanack-mamack. 
Signed  Sealed  &  Deliverd  in  ye  prsence  of 

Peter  Foulger. 

Eliazar  Foulgar. 

Dorcas  Starrbuck. 


[Indians'  Affirmation  of  Deed  to  Thomas  Mayhew,  Jr.  for 

Land  on  Nantucket  Island.]  (Sec.  State) 

May  ye  io^h  1665. 

This  Writing  doth  wittness  That  I  Wassulon  &  Inittuane 
did  sell  unto  Thomas  Mayhew  ye  YoungT  a  Tract  of  Land 
for  him  ye  said  Thomas  Mayhew  his  Heyres  &  Assignes  to  1671 
enjoy  forever;  The  wch  Sale  was  made,  &  ye  Goods  paid 
unto  us  for  ye  same  to  ye  vallue  of  ffifteen  pounds,  &  ye 
Tract  of  Land  delivered  into  ye  possession  of  ye  said  Thomas 
Mayhew  in  ye  yeare  of  or  Lord  God  One  thousand  six  hun- 
dred ffifty  three;  That  allwayes  halfe  of  them,  &  halfe  ye 


354  Province  of  New  York  [xvml 


Deeds     Whale  was  also  sold  unto  ye  said  Thomas  Mayhew  for  him, 

(Sec.  State)  his  Heyres,  &  Assignes  to  enjoy  forever.     &  then  delivered 

into  ye  said  Thomas  Mayhew  his  possession,  being  part  of 

May  10     ye  Purchase  afores^  This  wee  sold  &  Deliver' d  to  ye  cleare 

Recorded   knowledge  of  many  Indyans,  as  Mickso,  Eanawamett,  Mr 

July  16    J°^n  Keoquissen,  &  many  others;  And  this  Writeing  I  doe 

now  give  under  my  Hand,  because  ye  first  Writing  cannot  at 

prsent  be   found.     This  wee  sold  wth  ye    Approbacon  of 

Vssamequin;  The  Bounds  of  ye  sd  Land  beginneth  at  Waka- 

chacoyk  to  Arkepah  a  River,  &  from  the  said  Wakachakoyck 

by  a  streight  Line  to  ye  middle  of  ye  Island,  that  is  ye  middle 

Lyne  that  divides  ye  Land  of  Towtoe  &  others,  &  ye  Land 

sold  ye  said  Thomas  Mayhew.     And  from  the  Place  that 

Lyne  meeteth  ye  middle  Lyne  that  divides  as  afores*?  The 

sd  Land  is  to  goe  to  the  Harbour  upon  ye  North  side  of  ye 

Island  called  Waweettick.     Wittness  my  Hand  ye  Day  & 

yeare  aforesl 

Wassulon 

Wittness  his  X  Marke 

Nicholas  Davis.      Isaack  Norton 
Nicholas  Norton     M  his  marke. 


De eds  Mr  Thomas  Mayhew  his  Grant  of  Liberty 

(Sec.  State)  to  some  Inhabitants  on   his  Island  to 

buy  Land. 

1668          Forasmuch  as  I  have  a  Grant  of  this  Island  both  from  ye 

Agent  of  ye  Lord  Sterling,  &  also  from  ye  Agent  of  S^  fferdinando 

Recorded  Gorges  Kt  for  thjs  Island  ye  Vineyard;  This  doth  wittness 
July  16  t]iat  i  Thomas  Mayhew  doe  grant  unto  Wm  Pabody,  Josyas 
Standish,  &  James  Allen  Liberty  to  buy  Land;  I  say  Liberty 
to  buy  what  Land  They  can  upon  this  Island  wthin  ye  Com- 
pass of  ye  Bounds  of  Takinny  of  ye  Indyan  Sachems  ye  R* 
Ownrs;  &  to  enjoy  all  such  Lands  to  themselves,  Heyres,  & 


[XVHI]          Collateral  and  Illustrative  Documents  355 


Assignes  forever,  upon  the  same  Termes  &  Conditions  that 

I  have  it  of  ye  Lord  Proprietor,  but  for  ye  People  that  are  to  (Sec.  State) 

be  brought  on,  They  are  to  be  not  only  approved  of  by  ye      i66g 

said  William  Pabody,  Josyas  Standish,  &  James  Allen,  or     July  i 

the  major  part  of  them  or  their  Assignes,  but  also  by  mee  ye  Recorded 

said  Thomas  Mayhew  my  Heyres  &  Assignes,  &  for  ye 

Governm*  of  ye  Inhabit*8  that  shall  bee  there  upon  ye  said 

Land;  It  is  to  be  carryed  on  by  myselfe  &  ye  major  part  of 

ye  {freehold"  That  is,  I  ye  said  Thomas  Mayhew  cannot 

Act  wthout  them,  nor. my  Heyres  &  Assignes;  Nor  they  ye 

said  Wm  Pabody,  Josyas  Standish,  &  James  Allen  nor  their 

Heyres  &  Assignes  shall  not  doe  nor  Act  without  mee  ye 

said  Thomas  Mayhew  or  my  Successo".     This  is  also  an 

Approbation  for  ye  Land  They  have  bought  already,  soe  farr 

as  it  concerneth  mee,  I  doe  also  allow  of  it.     And  this  I  doe 

in  Consideration,  That  they  the  Grantees  are  to  pay  mee  six 

pounds,  thirteen  Shillings,  foure  pence  at  Boston  to  Cap* 

Olliver,  or  Mr  Peter  Ollyver  at  Boston.     Wittness  hereunto 

my  Hand  &  Scale  this  first  day  of  July.  1668. 

Tho:  Mayhew 

This  is  a  true  Coppy  drawn  by 
the  Origin  all  by  mee 

Symon  Atthearn. 

The  Governor  Lre  to  M?  Mahew.1      C.  A. 
M'  Mahew  (NYSL) 

I  Receiued  yo?  Lre  by  yo?  Grandchild  wherein  I  am 
informed  upon  what  termes  yo"  haue  hitherto  held  yor.  Land  Mxa67  °$ 
at  Martins  Vineyards  &  parts  adjacent,  but  y*  prtences  of 
Sr  fferdinando  Gorges  &  y®  Lord  Sterling,  being  now  at  an 
end,  &  his  Royall  Highnesse  absolutely  invested  in  y*  Right 
to  those  Islands  y*  Inhabitants  are  from  henceforth  to  haue 
directions  of  their  Governm*  from  this  place,  I  doe  admire 

1  Thomas  Mayhew,  Sr. 


356  Province  of  New  York 


C»  A.  Jt  hath  beene  so  longe  before  yo"  haue  made  yo^  application 
(NYSL)  to  me  since  yor.  adressing  yo?  selfe  for  releife  against  ye  Indians 
in  a  businesse  of  a  Wreck  to  my  Predecessor,  &  his  Comission 
May7<i6  to  you  thereupon  did  intimate  an  acknowledging  of  being 
undr  his  Royall  Highnesse  his  Protection  Upon  notice  this 
last  yeare  of  ye.  like  misfortune  of  a  Wreck  upon  your  Island 
I  sent  directions  to  yoH  how  to  proceed  thereupon  of  wc.h  I 
expected  an  account  but  haue  as  yett  heard  nothing  of  it 
but  when  you  come  hithT  as  you  propose  &  wc.h  I  very  much 
desire  I  make  no  question  of  receiuing  satisfaction  therein 
from  you  as  well  as  in  diuers  other  perticulers  yo"  may 
please  to  take  yo?  best  tyme  of  coming  this  Sumer  as  you 
shall  fynde  yor-  selfe  disposed  I  pray  bring  all  yo^  Patents 
deeds  or  other  wrytings  wth.  you  relating  to  those  partes,  by 
y?  wc.h  &  by  o?  consultation  togethr  I  may  receiue  such 
inteligence  of  ye  affaires  there  as  I  may  ye.  bett?  take  ord? 
for  y*  future  good  settlemt  of  those  Islands,  As  to  any  prtend- 
ers  who  lay  clayme  to  any  of  them  wc.h  are  deemed  to  be 
wthin  ye.  Dukes  Patent  I  haue  thought  fitt  to  appoint  [blank] 
months  tyme  for  all  persons  wthin  this  Governm*  or  wthout 
eith^  by  themselues  or  their  Agents  to  appeare  here  before 
me  to  make  good  their  Claymes  or  prtences,  ye  wc.h  if  any 
of  them  shall  neglect  to  doe  (haueing  tymely  notice  thereof) 
such  claymes  or  prtences  will  be  adjudged  of  no  validity: 
I  haue  in  part  discourst  of  theise  affaires  wt.h  yoT  Grandchild 
but  referre  the  remaind?  untill  yoT  arivall  here  where  yo? 
shall  receiue  a  very  hearty  welcome  &  all  due  Encouragem* 
as  to  yoT  perticuler  Concernes  from 

Yo?  affectionate  humble  servant 

[Francis  Lovelace.] 
Fort  James  in  N.  Yorke 
May  ye  i6th.  1670. 

I  pray  send  Copies  of  ye  enclosed  order  of  notice  to  all 
those  about  you  who  are  concerned. 


UvuJ          Collateral  and  Illustrative  Documents  357 


Notice  giuen  to  all  Persons  Concerned  in  ye  Land  &  A'g 
called  Martyns  Vineyard  to  appeare  at  New  (NYSL) 
Yorke. 


These  are  to  giue  notice  to  all  persons  Concerned  who 
lay  clayme  or  haue  any  prtence  of  Interest  in  Martyns 
Vineyard  Nantuckett  or  any  of  ye  Elizabeth  Isles  neare 
adjacent  &  wthin  his  Royal  Highnesse  his  Pattent  that  they 
appeare  before  me  in  person  or  by  their  agents  to  make 
proofe  of  such  Claymes  or  prtences  wthin  ye  space  of  —  4  — 
months  after  ye  date  hereof,  In  default  whereof  all  such 
Claymes  or  prtences  aft?  ye.  Expiration  of  y*  said  tyme  shall 
be  deemed  and  adjudged  invalid  to  all  Intents  &  purposes, 
Given  unde?  my  hand  &  sealed  wth.  ye  Scale  of  the  Province 
at  Fort  James  in  New  Yorke  this  16^  day  of  May  in  ye 
22t.h  yeare  of  his  Mau"  Raigne  Annocp  Domini  1670. 

[Francis  Lovelace.] 


Mr  Mayhew  Empowered  by  Daniell  Wilcock  of  New 

Plymouth  to  Act  for  him  wth  Cott  Lovelace  &c:     (Sec.* State) 

Know  all  Men  by  these  prsents  that  I  Daniell  Wilcock    A*|7° 
of  ye  Colony  of  New  Plymouth  haveing  two  small  Islands     — 
wch  are  within  his  Highness  ye  Duke  of  Yorke  his  Patent,      1671 
haveing  obtained  ye  said  Islands  of  ye  Indyans,  &  likewise         y  T 
ye  Patent  of  Right  from  Mr  Thomas  Mayhew  &  Matthew 
Mayhew  of  Martins  Vineyard,  I  ye  said  Daniell  Wilcock  doe 
hereby  desire  &  Empower  Matthew  Mayhew  to  Appeare  on 
my  behalfe  before  his  Honor  Coll:  Lovelace,  in  Order  to  ye 
answering  of  his  Hono"  Warrant  concerning  Lands,  &  to 
Act  therein  as  if  I  my  selfe  were  there.     And  In  wittness  of 


358  Province  of  New  York  [xvm] 


D«e6ds     ye  Premisses,  I  have  hereto  sett  my  Hand  this  3<Dth  of  August. 
(Sec/  State)  1670. 

Daniel  Wilcock 
Al67°  O 

Aug.  30  *J 

his  Marke. 


1671      Witness  hereunto 
July  16  T  ,      A,    , 

John  Mayhew 

John  Howard  his  marke. 

The  Pat*s  are  Entred  at  large  in  ye  Great 
Booke  of  Records.  N°  6. 

Here  foliowes  ye  Entry  of  all  those  Writeings 
or  Instrum*8  That  Mr  Mayhew  had  granted 
him  from  the  Governo? 


Dfeds  Proposalls  to  ye  Governo?  from  ye  Inhabitants 

(Sec.  state)  of  Nantuckett  about  settling  that  Governm*. 

["  1671  "j  Inprimis  Wee  humbly  propose  Liberty  for  ye  Inhabit- 
ants to  chuse  annually  a  Man  or  Men  to  be  chiefe  in  ye 
Governm*,  &  one  chosen  or  appointed  by  his  Hono?  to  stand 
in  place,  constantly  invested  wth  power  of  Confirmacon  by 
Oath  or  Engagem*  or  otherwise  as  his  Hono?  shall  appoint, 
one  to  be  Chiefe  in  ye  Co^  &  to  have  Magistraticall  Power 
at  all  times  wth  regard  to  ye  peace,  &  other  necessary  Con- 
sideracons. 

2Jy.  — Wee  take  for  graunted  y*  ye  Lawes  of  England  are  the 
Standard  of  Governm*  soe  farr  as  wee  know  them,  &  are 
suitable  to  our  Condicon;  yet  wee  humbly  propose  that  ye 
Inhabitants  may  have  power  to  Constitute  such  Law  or 
Ord"  as  are  necessary  &  suitable  to  or  Condicon,  not  repug- 
nant to  ye  Lawes  of  England. 

3ly.  =  In  point  of  carrying  on  ye  Governm*  from  time  to  time, 


[xvnJ          Collateral  and  Illustrative  Documents  359 


wee  are  willing  to  joyne  with  or  Neighbor  Island  ye  Vine-     Deeds 
yard,  to  keep  together  one  Co*  every  yeare,  one  yeare  at  o?  (Sec.  State) 
Island,  ye  next  wth  them,  &  Power  at  home  to  End  all  Cases 
not  exceeding  2Ott;  And  in  all  Cases  Liberty  of  Appeale  to-  LJuneJ 
ye  Gen?1  Co^  in  all  Actions  above  4O§.     And  in  all  Actions 
amounting  to  ye  vallue  of  ioott  Liberty  of  Appeale  to  his 
Highnesse  his  Co^  at  ye  Citty  of  Yorke;    And  in  Capitall 
Cases,  or  such  Matt"  as  concerne  Life,  Limbe,  or  Banishm*, 
All  such  Cases  to  be.tryed  at  Yorke. 

And  seeing  ye  Indians  are  numerous  among  us,  Wee  =  4. 
propose  that  or  Governm*  may  Extend  to  them,  &  power 
to  Sumon  them  to  our  Co*s  wth  respect  to  Matt"  of  Trespass, 
Debt,  &  other  Miscarriages,  &  to  Try  &  judge  them  accord- 
ing to  our  Lawes,  when  published  amongst  them. 

And  Lastly  some  Military  Power  comitted  to  us,  respect- 
ing our  Defence,  either  in  respect  of  Indyans  or  Strang" 
invadeing  &c: 

Recorded  for  ye  aforesd  Mr  Coffin  &  Mr  Macy,     Deeds 
2  Lres  or  Certificates  from  ye  Inhabitants  of  (Sec.S^ate) 
Nantuckett — as  followeth — viz* 

Whereas  ye  Hoii^le  Colt:  Lovelace  Governor  of  New  Yorke  1671 
gave  forth  his  Summons  for  ye  Inhabitants  of  ye  Isle  of 
Nantuckett  to  make  their  Appearance  before  his  Hono? 
at  New  Yorke  either  in  their  own  Person,  or  by  their  Agent  to 
shew  their  Claymes  in  respect  of  their  standing,  or  Clayme 
of  Interest  on  ye  aforesd  Island.  Now  wee  whose  Names 
are  underwritten  haveing  intrusted  our  ffather  Tristram 
Coffin  to  make  AnswT  for  us,  Wee  doe  Empower  our  ffather 
Tristram  Coffin  to  Act  &  doe  for  us,  wth  ye  Hon<?  Governor 
Lovelace  soe  farr  as  is  just  and  reasonable,  wth  regard  to 
or  Interest  on  ye  Isle  of  Nantuckett  and  Tuckanuckett. 


360  Province  of  New  York  [xviii] 


Deeds     Wittness  o?  Hands  ye  2d  day  of  ye  fourth  Month,  Sixteen 
(Sec.  State)  hundred  &  seaventy  one  1671. 

j6  James  Coffin 

June  2  and  5  Nathaniell  Starbuck 

John  Coffin 
Steephen  Coffin. 

This  is  to  signify  that  ye  Inhabitants  of  Nantuckett,  have 
chosen  Mr  Thomas  Macy  their  Agent  to  Treat  wth  ye  Hofi^le 
Coll:  Lovelace  concerning  ye  AfFayres  of  ye  Island  to  Act 
for  them  in  their  Behalfe  and  stead,  &  in  all  Considerations 
to  doe  what  is  necessary  to  be  done  in  reference  to  ye  Prem- 
isses, as  if  They  themselves  were  personally  prsent.  Wittness 
their  Hands  Dated  June  5th.  1671. 

Edward  Starbuck 
Peter  ffbulger 
John  Rolfe. 

The  Inhabitants  aforesd  doe  also  in  ye  name  of  ye  rest 
desire  Mr  Tristram  Coffin  to  assist  their  aforesd  Agent  what 
hee  can  in  ye  matter  or  Busyness  concerning  ye  Island 
Nantuckett. 


Deeds  The  Answ?  to  ye  Nantuckett  Proposalls. 

3:60 
(Sec.  State) 

At  a  Councell  held  at  Forte  James  in  New 

Yorke  ye  28th  day  of  June  in  ye  23d  yeare 
of  his  Maties  Reigne,  Annoq3  Dm.  1671. 

1671          In  Answer  to  ye  Proposalls  Delivered  in  by  Mr  Coffin  & 
June  28    ^r  Macy  Qn  yC  behalfe  of  themselves  &  ye  rest  of  ye  Inhabit- 
ants upon  ye  Island  Nantuckett;  The  Governor  &  Councell 
doe  give  their  Resolutions  followeth. —  Viz* 

Inprimis.     As  to  ye  first  Branch  in  their  Proposalls,  It  is 


[xviii]          Collateral  and  Illustrative  Documents  361 


thought  fitt  y*  ye  Inhabitants  doe  annually  recomend  two 
Persons  to  the  Governor  out  of  wch  hee  will  Nominate  one  (Sec.  Sate) 
to  be  ye  Chiefe  Magistrate  upon  that  Island,  &  ye  Island 
of  Tuckanuckett  near  adjacent  for  ye  yeare  ensueing;   who 
shall  by  Commission  bee  Invested  with  power  accordingly. 

That  ye  time  when  such  a  Magistrate  shall  Enter  into 
his  Employm*  after  ye  Expiracon  of  this  first  yeare,  shall 
Commence  upon  ye  13th  day  of  October,  being  his  Royall 
Highness  his  Birth  day  to  continue  for  ye  space  of  one  whole 
yeare,  &  that  they  returne  ye  Names  of  ye  two  Persons  They 
shall  recommend  three  Months  before  that  rime  to  ye  Governor. 

That  ye  Inhabit*3  have  Power  by  a  major  Vote  annually 
to  Elect  &  chuse  their  inferior  Offic^  both  Civill  &  Military; 
That  is  to  say,  ye  Assistants,  Constables,  &  other  inferio? 
Offic^  for  ye  Civill  Governm*  &  such  inferiour  Offic^8  for 
ye  Military  as  shall  be  thought  needfull. 

The  second  Proposall  is  allowed  of;  That  they  shall  have  21?. 
Liberty  to  make  peculiar  Lawes  and  Ord"  at  their  Gen?u 
Co*  for  the  Well  Governm*  of  ye  Inhabit18  ye  wch  shall  bee 
in  force  amongst  them  for  one  whole  yeare;  Dureing  wch 
time  if  noe  Inconvenience  doe  appeare  therein,  They  are  to 
Transmitt  the  said  Lawes  or  Ordrs  to  y6  GovernoT  for  his 
Confirmation.  Howev?  They  are  (as  neare  as  may  bee)  to 
conforme  themselves  to  ye  Lawes  of  England,  &  to  be  very 
Cautious  They  doe  not  Act  in  any  way  repugnant  to  them. 

To  ye  3<?  It  is  Granted,  That  they  joyne  wth  their  Neigh-  <jly. 
bors  of  Martins  Vineyard  in  keeping  a  Gen?11  Co^  between 
them  once  a  yeare,  ye  sd  Cort  to  be  held  one  yeare  in  one 
Island,  &  ye  next  in  ye  other,  where  ye  Chiefe  Magistrate 
in  each  Island  where  the  Co?  shall  be  held,  is  to  prside, 
&  to  sitt  in  their  respective  C6^s  as  Presid*,  but  withall 
That  upon  all  Occasions  hee  Consult  &  advize  wth  ye  Chiefe 
Magistrate  of  ye  other  Island. 

That  ye  said  Genr11  Co*  shall  consist  of  ye  two  Chiefe 


362  Province  of  New  York  [xviiJ 


Deeds     Magistrates  of  both  Islands,  &  ye  foure  Assistants,  where 
(Sec.  State)  ye  Presid*  shall  have  a  Casting  Voyce;   for  ye  time  of  their 
Meeting,  That  it  bee  left  to  themselves  to  Agree  upon  ye 
June  28    most  convenient  Season  of  ye  yeare. 

That  in  their  private  Co?s  at  home,  wch  are  to  be  held  by  ye 
Chiefe  Magistrate  &  two  Assist*8  where  ye  Chiefe  Magistrate 
shall  have  but  a  single  Voyce,  They  shall  have  power  finally 
to  determine  &  decide  all  Cases  not  exceeding  ye  Vallue  of 
5?  wthout  Appeale,  but  in  any  Suine  above  that  Vallue, 
They  have  Liberty  of  Appeale  to  their  Gen1?  Co?  who  may 
determine  absolutely  any  Case  under  50?  without  Appeale, 
but  if  it  shall  exceed  that  Surne,  ye  Party  aggrieved  may 
have  Recourse  by  way  of  Appeale  to  ye  Genr11  Cort  of  Assizes 
held  in  New-Yorke. 

And  as  to  Criminall  Cases,  That  They  have  Power  both 
at  their  private  Co?s  at  home  as  well  as  at  ye  Gen?11  Co?  to 
inflict  Punishm*  on  Offend^  soe  farr  as  Whipping,  Stocks, 
&  Pilloring,  or  other  publick  Shame;  But  if  ye  Crime  happen 
to  bee  of  a  higher  nature,  where  Life,  Limbe,  or  Banishm* 
are  concerned,  That  such  Matt?8  be  Transmitted  to  ye  Gen?11 
Cort  of  Assizes  likewise. 

4.  In  Answr  to  ye  4th,  It  is  left  to  themselves  to  Ordr  those 
Affayres  about  ye  Indyans,  &  to  Act  therein  according  to 
their  best  discretions,  so  farr  as  Life  is  not  concerned; 
Wherein  They  are  also  to  have  Recourse  to  New  Yorke,  but 
that  They  bee  carefull  to  use  such  Moderacon  amongst  them, 
That  they  be  not  exasperated,  but  by  Degrees  may  be  brought 
to  be  conformable  to  ye  Lawes;  To  wch  End,  They  are  to 
Nominate  and  Appoint  Constables  amongst  them  who  may 
have  staves  wth  ye  Kings  Armes  upon  them,  the  better  to 
keep  their  People  in  Awe,  &  good  Ord^  as  is  practized 
wth  good  Success  amongst  ye  Indyans  at  ye  East  end  of 
Long-Island. 


[xviiil          Collateral  and  Illustrative  Documents  363 


To  ye  Last,  That  They  returne  a  Lyst  of  ye  Inhabitants,     »**** 
as  also  ye  Names  of  two  Persons  amongst  them;    out  of  (Sec.  State) 
whom  ye  Governor  will  appoint  one  to  bee  their  Chiefe      jfi 
Military  Officer  That  they  may  bee  in  ye  better  Capacity  to    June  28 
defend  themselves  against  their  Enemyes  whether  Indyans 
or  others. 


Commission   granted   to  Mr  Tristram   Coffin 

Sen?  to  be  chiefe  Magistrate  in  &  over  the  (Sec.  State) 
Islands  Nantuckett  &  Tuckanuckett. 

Francis  Louelace  Esq?  &c:  Whereas  Vpon  Address  made 
unto  mee  by  Mr  Tristram  Coffin,  &  Mr  Thomas  Macy  on  ye 
behalfe  of  themselves,  &  ye  rest  of  ye  Inhabitants  of  Nan- 
tuckett Island  concerning  ye  Manno?  &  Method  of  Governm* 
to  be  used  amongst  themselves;  &  haveing  by  ye  Advice  of 
my  Councell  pitcht  upon  a  way  for  them;  That  is  to  say, 
That  They  be  Governed  by  a  Person  as  Chiefe  Magistrate, 
&  two  Assistants,  ye  former  to  be  nominated  by  my  selfe, 
ye  other  to  be  chosen  &  confirmed  by  ye  Inhabitants  as  in  ye 
Instructions  sent  unto  them  is  more  particularly  sett  forth; 
And  haveing  conceived  a  good  Opinion  of  ye  ffittness  and 
Capacity  of  Mr  Tristram  Coffin  to  be  ye  prsent  Chiefe  Magis- 
trate to  Manage  Affayres  wth  ye  Ayd  &  good  Advice  of  ye 
Assistants  in  ye  Islands  of  Nantuckett  &  Tuckanuckett,  I  have 
Thought  fitt  to  Nominate,  Constitute,  &  Appoint,  &  by  these 
prsents  doe  hereby  Nominate,  Constitute,  &  Appoint  Mr 
Tristram  Coffin  to  be  Chiefe  Magistrate  of  ye  said  Islands 
of  Nantuckett  and  Tuckanuckett;  In  ye  Manager^  of  wch 
said  Employm*,  Hee  is  to  use  his  best  Skill  and  Endeavour 
to  prserve  his  Maties  Peace,  &  to  keep  ye  Inhabitants  in 
good  Ordr.  And  all  Persons  are  hereby  required  to  give 
to  ye  said  Mr  Tristram  Coffin  such  Respect  &  Obedience  as 
belongs  to  a  Person  invested  by  Commission  from  Authority 


364  Province  of  New  York 


Deeds     of  his  Royall  Highness  in  ye  Place  &  Employm*  of  a  Chiefe 
(Sec.  state)  Magistrate  in  ye  Islands  aforesaid.     And  hee  is  duely  to 
g         Observe  the  Orders  and  Instructions  wch  are  already  given 
June  29   forth  for  ye  well  governing  of  ye  Place,  or  such  others  as  from 
time  to  time  shall  hereafter  bee  given  by  mee;  And  for  what- 
soever ye  said  Mr  Tristram  Coffin  shall  lawfully  Act  or  Doe 
in  Prosecution  of  ye  Premisses,  This  my  Commission  wch 
is  to  bee  of  fforce  untill  ye  13th  day  of  October,  which  shall 
bee  in  ye  yeare  of  our  Lord  1672.  when  a  New  Magistrate  is 
to  Enter  into  the  Employm*.  shall  bee  his  sufficient  Warrant 
and  Discharge.     Given  under  my  Hand  and  Scale  at  fforte 
James  in  New  Yorke  this  29th  day  of  June  in  ye  23d  yeare 
of  his  Maties  Reigne,  Annocp  Dm  1671. 

Fran:  Louelace. 

The  Patents  granted  by  his  Hono?  to  Mr 
Coffin  &  Mr  Macy  are  Entred  at  large 
in  ye  Create  Booke  of  Records.  N°.  6. 


Lett?  from  ye  Governo?  to  ye  Governo?  of 
(Sec.  state)  New  Plymouth   on    ye  behalfe  of  Mr 

Thomas  Mayhew. 

Mr  Thomas  Mayhew  of  Martins  Vineyard  haveing  been 
here  wth  mee  to  pay  his  Acknowledging ;  &  to  take  out 
Patents  of  Confirmacon  for  ye  Lands  hee  enjoyes  at  Martins 
Vineyard  &  parts  adjacent  wthin  these  his  R:  HsTerritoryes; 
At  his  Instance  &  Request,  I  doe  recomend  it  you,  That 
you'l  please  to  graunt  him  some  Enlargm*  of  Recompence  for 
his  Trouble  &  Paines  amongst  ye  Indyans,  soe  farr  as  con- 
veniently it  may  bee  done,  for  his  Encouragem1  in  his  auncient 
Dayes;  Hee  together  wth  his  deceased  Sonn  haveing  been 
Instrum*3  of  doeing  much  Good  by  thier  Instructions  in 


[xviiJ          Collateral  and  Illustrative  Documents  365 


bringing  diverse  of  them  to  ye  knowledge  of  ye  Christian 
Religion;   wch   is   worthey    of  great   Commenda con;  what  (Sec.  State) 
Civility  you  shall  doe  him  herein  shall  bee  kindely  acknow- 
ledged by 

Sr 

YoT  affectionate  humble  Servant. 

Fran:  Louelace 


Mr  Mayhew's  Instructions  from  ye  Governor        Deeds 
Mr  Mayhew.  ,  (Sec.*  State) 

Although  by  yor  Gen1")1  Commission  you  have  strength    I"  1671  "I 
&  Authority  sufficient  to  putt  such  Lawes  &  Rules  in  Exe-  y 

cucon  as  you  shall  conceive  may  best  tend  to  ye  Distri- 
bucon  of  Justice,  &  securing  the  Cofnon  Rights  &  Interest 
of  such  as  shall  live  under  yor  Governing  the  keeping  his 
Maties  peace,  together  wth  ye  preservacon  of  his  Roy  all 
Highness  Interest  &  Propriety  in  those  parts,  yet  since  that 
Commission  may  appeare  to  be  too  generall,  I  have  thought 
fitt  to  prscribe  to  you  some  particular  Instructions,  wch  you 
are  to  make  use  of  as  Occasion  shall  serve. 

In  ye  first  place,  You  are  soe  soon  as  you  shall  arrive,  in 
some  convenient  time  Cause  a  Generall  Meeting  to  be 
summoned  of  the  Inhabitants  (amongst  wch  I  would  not 
have  ye  chiefe  of  ye  Indyans  omitted)  to  whom  you  are  to 
Declare  ye  End  of  yor  being  wth  mee,  &  ye  Power  I  have 
invested  you  in,  by  causing  your  Commission  to  be  read 
publicly,  together  wth  yor  Instructions. 

You  are  then  to  Considr  &  Appoint  a  sett  time  for  ye 
Election  of  yor.  Assistants,  as  likewise  to  consid?  of  ye  time 
when  ye  genT11  Co^  shall  be  summoned  Of  Wch  you  are  to 
advertize  &  consult  wth  yo?  Neighbo"  of  Nantuckett. 

You  are  likewise  to  acquaint  ye  Inhabit*8  ye  Priveledges 
I  have  graunted  them  by  Enfranchizing  them  in  a  Towne 


366  Province  of  New  York 


D?e7dIs     Corpora  con,  To  whom  you  may  deliver  their  Chart?  Vpon 

(Sec.  state)  ye  Receipt  of  wch  They  may  proceed  to  ye  Election  of  their 

r  l6  j  -i    Magistrates  as  belongs  to  other  Corporations. 

L  July  J        And  in  regard  at  this  distance,  &  ye  unacquaintedness  of 

the   Inclinations   &   Dispositions  of  ye   Indyans,   I   cannot 

prscribe  you  any  Rules  that  may  be  most  proper  for  them, 

I   shall   therefore   recommend   that  Affaire   wholly   to  yor. 

prudent    Managem*   only   you    may    acquaint   them,    that 

haveing  now  taken  them  into  his  Royall  Highness  particular 

Protection,  I  shall  bee  very  carefull  to  Assist  them  in  all 

Extremityes;    expecting  from  them  noe  other  Returne,  but 

that  they  live  quietly  &  peaceably,  wth  true  Submission  to 

that  Authority,  wch  now  is  sett  over  them. 

You  are  to  cause  some  of  ye  Principall  Sachems  to  repaire 
(as  speedily  as  They  can)  to  mee,  that  soe  They  may  pay 
their  homage  to  his  Matie,  &  acknowledge  his  Royall  H?  to 
bee  their  only  Lord  Proprietor 

You  are  to  encourage  and  sett  to  worke  ye  Sewan  making, 
to  whom  you  may  give  full  Assurance,  They  shall  receive 
sufficient  Recompence  for  their  Labour;  And  that  that  Trade 
may  only  be  drove  between  them  &  this  place,  you  are  not  to 
permitt  any  Shells  to  bee  exported  to  fforrainers,  unless  they 
pay  a  considerable  Custome  for  them. 

You  are  not  to  faile  to  give  mee  a  speedy  Advertizem* 
of  all  yo*  Transactions  as  may  bee,  &  by  all  meanes  lett  mee 
heare  from  you,  how  Affayres  constantly  stand. 

You  are  to  see  ye  Collection  of  his  Maties  Customes,  &  all 
ffines  bee  duely  observed,  &  you  are  to  Assist  upon  all 
Occasions  ye  Collector  of  ye  Customes  in  ye  Execucon  of  his 
Office,  &  transmitt  them  to  mee  here. 

You  are  to  cause  all  such  as  shall  bee  Elected  to  any 
publick  Office  of  Trust  to  take  ye  Oath  of  Allegiance  to  his 
Matie  at  the  Entrance  into  their  Office. 

You  are  not  to  suffer  any  of  yor  Indyans  to  Enter  into  a 


Collateral  and  Illustrative  Documents  367 


Confederacy  of  Warre,   wth   any  other  forraine   Indyans, 
without  advertising  mee  first  wth  it,  &  procuring  my  Per-  (Sec.  State) 

mission  for  it.  [Francis  Lovelace.] 

J  f  1671  1 

L  July  J 

The  AnswT  to  Mr  Mayhews  Proposalls.         Dee ds 

»  3  •  75 

(Sec.  State) 

At  a  Councell  held  at  Forte  James  in  New 
Yorke,  ye  yth  day  of  July  in  ye  23d  yeare  of 
his  Maties  Reigne,  Annocp  Dm  1671. 

Whereas  Mr  Thomas  Mayhew  of  Martins  or  Martha's  1671 
Vineyard  hath  been  an  auncient  Inhabitant  there,  where  by 
Gods  Blessing  Hee  hath  been  an  Instrum*  of  doeing  a  great 
deale  of  Good  both  in  settling  severall  Plantacons  there,  as 
also  in  reclayming  &  Civilizing  ye  Indyans;  ffor  an  Encour- 
agemen*  to  him  in  prosecucon  of  that  Designe,  &  in 
acknowledgm1  of  his  Good  Services,  It  is  Ordered  &  Agreed 
upon  That  ye  said  Mr  Thomas  Mayhew  shall  dureing  his 
naturall  Life  bee  Governor  of  ye  Island  called  Martins  or 
Marthas  Vineyard  both  over  ye  English  Inhabitants  & 
Indyans  for  ye  wch  hee  shall  have  a  Commission. 

That  for  Tryall  &  decision  of  all  Differences  of  Debt  or 
Damage  to  ye  vallue  of  ffive  pounds,  They  shall  have  a  Co? 
in  their  Island,  wch  shall  bee  composed  of  ye  Governo1"  there, 
who  shall  have  a  double  Vote,  and  three  Assistants  to  be 
Elected  annually  by  the  Inhabitants  of  ye  two  Townes  & 
Plantacons  upon  ye  Island,  from  Judgm1  in  any  Case  to  ye 
Sume  of  five  pounds  aforesaid  or  under,  noe  Appeale  shall 
bee  admitted. 

That  all  Actions  &  Cases  of  above  five  pound  &  under 
ffifty  pound  shall  bee  Tryed  at  ye  gen?1  Court  to  be  held  by 
them  &  their  Neighbours  of  Nantuckett,  that  is  to  say,  by 
ye  Governor  or  Chiefe  Magistrate  of  Martins  Vineyard,  & 
ye  first  two  Elected  of  ye  three  Assistants  aforemen coned, 


368  Province  of  New  York 


Deeds     &  by  yeChiefe  Magistrate  of  Nantuckett,  &  his  two  Assistants, 

(Sec.  State)  where  it  is  recommended  That  Mr  Thomas  Mayhew  doe 

prside  &  sitt  as  President  dureing  his  Life  (although  ye  Court 

July?     bee  held  at  Nantuckett[)]  wth  priveledge  of  a  double  or 

Casting  Voice,  in  regard  of  his  great  Experience  &  Reputa- 

con  amongst  them,  but  after  his  decease  that  ye  Rules  & 

Instructions,  wch   concerne   both  ye   Islands   be  punctually 

followed  &  observed. 

That  ye  first  Gefir11  Court  shall  bee  held  upon  ye  Island 
Martins  Vineyard  at  some  convenient  time  to  bee  agreed 
upon  between  them,  &  their  Neighbo",  wch  is  to  be  Trans- 
mitted hither,  at  wch  time  annually  after  Approbacon  had 
thereof  that  Court  is  to  be  held  for  ye  time  to  come  according 
to  ye  aforemen  coned  Instructions  given  to  those  of  Nantuckett. 

That  Mr  Thomas  Mayhew  as  Governor  over  ye  Indyans 
doe  follow  ye  same  way  and  Course  of  quiet  &  peaceable 
Governm*  amongst  them  as  hitherto  hee  hath  done,  wch  will 
tend  to  their  mutuall  Benefit!  and  Satisfaction,  and  by  Degrees 
bring  them  to  Submitt  to,  &  acknowledge  his  Maties  Lawes 
Establisht  by  his  Royall  Highness  in  this  Province. 

And  Lastly  That  ye  Governmt  of  ye  Indyans  in  particular 
shall  remaine  in  that  State  &  Condicon  as  hitherto  it  hath 

done. 

By  OrdT  of  ye  Governor  & 

Councell. 


Deeds  Commission  for  Mr  Thomas  Mayhew  to  be  Chiefe 

(Sec3. 'state)  Governour  of  Martins  als  Martha's  Vineyard. 

1671  Francis  Louelace  Esq^  &c:  Whereas  I  have  conceived  a 
good  Opinion  of  ye  Capacity  &  Integrity  of  MT  Thomas 
Mayhew  to  be  Governor  &  Chiefe  Magistrate  of  ye  Island 
Martins  or  Martha's  Vineyard  to  manage  publicp  Affayres 


[xvnJ          Collateral  and  Illustrative  Documents  369 

wth  ye  Aid,  &  good  Advice  of  ye  Assistants  to  be  chosen  there,     Deeds 

I  have  thought  fitt  to  Nominate,   Constitute,  &  Appoint  (Sec.* state) 

&  by  these  prsents  doe  hereby  Nominate,  Constitute,  & 

Appoint,  Mr  Thomas  Mayhew  to  be  Governo1"  &  Chiefe     July  8 

Magistrate  of  ye  said  Island  Martins  or  Martha's  Vineyard 

dureing  his  naturall  Life,  in  ye  managem*  of  wch  Employm? 

hee  is  to  use  his  best  Skill  &  Endeavo?  to  prserve  his  Maties 

peace,  &  to  keep  ye  Inhabitants  in  good  Ord?  And  all  Persons 

are  hereby  required  to  give  to  ye  said  Mr  Thomas  Mayhew 

such  Respect  &  Obedience  as  belongs  to  a  Person  invested 

by  Commission  &  Authority  from  his  Royall  Highness  in 

ye  Office  &  Employm*  of  a  Governor  &  Chiefe  Magistrate 

in  ye  Island  afores^   And  hee  ye  said  Mr  Mayhew  is  duely 

to  observe  &  obey  such  Orders  &  Instructions,  wch  are 

already  given  forth  for  ye  well  governing  of  ye  Place,  or  such 

other  Directions  as  from  time  to  time  hee  shall  receive  from 

mee;  And  for  whatsoever  the  said  Mr  Thomas  Mayhew 

shall  lawfully  Act  of  Doe  in  prosecucon  of  ye  Premisses 

This  my  Commission  shall  bee  his  sufficient  Warrant  & 

Discharge.     Given  &c:  this  8th  day  of  July  in  ye  23th  yeare 

of  hisMaties  Reigne.  Annocp  Dm  1671. 

[Francis  Lovelace.] 

Commission  granted  to  Mr  Matthew  Mayhew  Deeds 
to  be  Collector  of  ye  Customes  in  &  about  ^^  gt|t 
Martins  Vineyard,  wth  ye  places  adjacent. 

Francis  Louelace  Esq?  &c:     To  all  to  whom  these  Presents       1671 
shall  come  sendeth  Greeting.     Whereas  It  is  Ordered  &     ^u 
appointed  That  his  Maties  Customes  are  to  be  paid  for  all 
Customable  Goods,  w^  are  or  shall  be  imported  into,  or 
exported  from  these  his  Roy!1  Highness  his  Territoryes,  from 
wch  noe  Place  or  Person  within  ye  Governm*  hath  ye  Privel- 

[24] 


370  Province  of  New  York 


Deeds     ecjge  to  be  exempted;  I  have  therefore  thought  fitt  to  Con- 

(Sec.  state)  stitute  &  Appoint,  and  by  these  Presents  doe  Constitute  & 

appoint  Matthew  Mayhew  to  be  Collector  &  Receiver  of  ye 

July  8  Customes  of  all  such  Customable  Goods  as  now  are  or  shall 
bee  brought  into  ye  Harbour  at  Martins  Vineyard,  or  any 
other  Creek  or  Place  upon  ye  Island,  or  Jurisdiction  thereof; 
And  ye  said  Matthew  Mayhew  hath  by  this  my  Commission 
full  power  &  Authority  to  doe,  all  lawfull  Acts  &  Things 
relating  &  belonging  unto  ye  said  Employmt  Hee  following 
such  Directions  and  Instructions  for  ye  same  as  hee  shall 
from  time  to  time  receive  from  mee,  or  from  ye  Chiefe  Officer 
of  ye  Customes  of  this  place;  to  whom  hee  is  to  render  a  due 
Acco*  of  all  Particulars  relating  to  his  Employm*  And  all 
Offic^  upon  that  Island  or  parts  &  Places  adjacent  wthin 
this  Governm*  are  to  bee  ayding  &  assisting  unto  ye  said 
Matthew  Mayhew  in  ye  prosecucon  of  his  Office,  as  they 
will  answer  ye  contrary  at  their  utmost  perrills.  Given  under 
my  Hand  &  Scale  at  fforte  James  in  New  Yorke  this  8th 
day  of  July  in  ye  23th  yeare  of  his  Maties  Reigne,  Annoqp  Dm 
1671.  [Francis  Lovelace.] 


Lycence  for  Mr  Thomas  Mayhew  to 
(Sec.  State)  purchase  Land  &c: 

1671  Whereas  Mr  Thomas  Mayhew  Sen?  &  Mr  Thomas  May- 
hew  Jun?  his  Son  have  for  many  yeares  past  been  seated  and 
possest  of  Lands  upon  Martins  or  Martha's  Vineyard,  of 
which  by  vertue  of  Grants  from  ye  Lord  Sterlings  Agent, 
They  made  Purchase  of  ye  Indyans,  &  hitherto  have  enjoyed 
ye  same,  for  ye  wch,  ye  said  Mr  Thomas  Mayhew  Sen?,  & 
Matthew  ye  Sonn  &  Heyre  of  Thomas  Mayhew  Jun?  have 
now  Patents  of  Confirmacon  by  Authority  from  his  Roy  all 
Highness.  And  there  being  severall  other  parcells  of  Land 


Collateral  and  Illustrative  Documents  371 


upon  ye  said  Island  capable  of  Improvem*,  ye  wch  as  yett     Deeds 
have  not  been  bought  of  ye  Indyan  Proprieto"5,  soe  lye  wast  (Sec.  state) 
&  unmanured;  These  Presents  Certify  &  Declare,  That  I 
doe  hereby  give  free  Leave  &  Lycence  unto  Mr  Thomas    July  12 
Mayhew  &  Mr  Matthew  Mayhew  his  Grand  childe  in  his 
Royall  Highness  his  Name  to  Treat,  Agree  upon,  &  Con- 
clude wth  ye  Indyan  Proprietor  of  ye  said  Land  undisposed 
of,  &  upon  ye  Returne  thereof  unto  mee,  I  shall  bee  ready 
to  Graunt  such  Copfirmacon  as  shall  bee  requisite.     Given 
under  my  Hand  &  Scale  at  fforte  James  in  New  York  ye 
12th  day  of  July  in  ye  23d  yeare  of  his  Maties  Reigne,  Annocp 
Dm  1671.  [Francis  Lovelace.] 


Licence  to  Purchase  &c:  granted  unto  M?     Deeds 
Richard    &    Capt    Jn?    Gardner    of  (Se?.' state) 
Nantuckett. 

Whereas  Mr  Richard  Gardner,  &  Cap*  Jn?  Gardner  his  1673 
Brother,  having  Declared  unto  mee  their  Intent  of  Vndertak- 
ing  the  Designe  of  a  ffishing  Trade  upon  the  Island  of  Nan- 
tuckett &  parts  adjacent,  if  they  may  have  Licence  to  buy 
and  make  Purchase  of  some  Land  by  the  Sea-side  or  els- 
where  of  the  Indyan  Natives  Proprietors  for  their  Accomo- 
dation;  for  an  Encouragement  unto  them  the  said  Mr  Richard 
and  Cap*  John  Gardner  in  their  Undertakings  of  the  designe 
aforesaid ;  I  have  thought  fitt  to  give  and  grant,  and  by  these 
Presents  doe  hereby  Give  and  Grant  Liberty  and  Licence 
unto  the  said  Mr  Richard  and  Cap*  John  Gardner  and  their 
Associates  to  buy  and  make  Purchase  of  some  convenient 
quantity  or  Tract  of  Land  for  the  use  aforesaid,  or  for 
Improvement  thereof,  of  the  said  Indyan  Proprietors,  not 
yet  made  Purchase  of  by  the  rest  of  the  Inhabitants,  for 
the  which  when  Returne  shall  bee  made  of  the  quantity 


372  Province  of  New  York  [xvm] 


Deeds     thereof,  together  with  its  Buttings  and  Boundings,  the  said 

(Sec.  State)  M?  Richard  and  Cap*  John  Gardner,  and  their  Associates 

may  have  a  Patent  of  Confirmation  by  Authority  of  his 

Apr.  15    Royall  Highness  under  the  Scale  of  the  Province.     Given 

under  my  Hand  &  Seale  at  Fort  James  in  New  Yorke  this 

I5*h  day  of  Aprill  in  the  25th  yeare  of  his  Maties  Reigne, 

Annoq?  Domini  1673. 

Fran:  Lovelace 


3e:87s  Commission  for  M?  RicM  Gardner  to  bee 

(Sec.  State)  Chiefe    Magistrate    of   Nantuckett    & 

Tuckanuckett. 

Apr7is  Francis  Lovelace  EsqT,  One  of  the  Gentlemen  of  his 
Ma*ies  Hon^le  Privy  Chamber,  &  Governor  Gen?11  under  his 
RoyP  Highness  James  Duke  of  Yorke  &  Albany  &c:  of  all 
his  Territoryes  in  America;  To  Mr  Richard  Gardner  of 
Nantucket  sendeth  Greeting. 

Whereas  according  to  the  Directions  &  Instructions  by 
mee  given  on  the  behalfe  of  his  Royall  Highness  for  the 
Government  of  the  Islands  of  Nantuckett  &  Tuckanuckett, 
the  Inhabitants  thereof  at  the  time  appointed  have  chosen 
two  persons  whose  Names  they  have  returned  hither  for  my 
choice  and  approbation  of  one  of  them  to  bee  Chiefe  Magis- 
trate of  the  said  Islands,  and  having  conceived  a  good  Opinion 
of  the  fittness  &  capacity  of  Mr  Richard  Gardner  (who  is  one 
of  the  two  returned)  to  manage  Affayres  there  with  the 
aid  and  good  advice  of  the  Assistants  to  bee  chosen  amongst 
themselves,  I  have  thought  fitt  to  Nominate,  Constitute,  & 
Appoint  &  by  these  Presents  doe  hereby  Nominate,  Con- 
stitute, &  Appoint  Mr  Richard  Gardner  afore-named  to  bee 
Chiefe  Magistrate  of  the  said  Islands  of  Nantucket  and 
Tuckanuckett.  In  the  Management  of  which  Employment, 


[xviii]          Collateral  and  Illustrative  Documents  373 


hee  is  to  use  his  best  Skill  and  Endeavour  to  preserve  his 
Ma11.68  Peace  &  to  keep  the  Inhabitants  in  good  Order.  And  (Sec.  State) 
all  persons  are  hereby  required  to  give  the  said  Mr  Richard 
Gardner  such  respect  &  Obedience  as  belongs  to  a  person  Apr.  15 
invested  by  Commission  &  Authority  of  his  Royall  Highness 
in  the  place  and  employment  of  a  Chiefe  Magistrate  in  the 
Islands  aforesaid.  And  hee  the  said  Mr  Richard  Gardner 
is  duely  to  observe  the  Orders  and  Instructions  which  are 
already  given  forth  for  the  well  governing  of  the  Place,  or 
such  others  as  from  time  to  time  shall  hereafter  bee  given  by 
mee  his  Royall  Highness  Governo?.  And  for  whatsoever  the 
said  Mr  Richard  Gardner  shall  lawfully  Act  or  doe  in  prose- 
cution of  the  premisses,  This  my  Commission  (which  is 
to  continue  &  bee  in  force  untill  the  next  Election,  &  my 
returne  of  approbacon  of  a  New  one  in  his  place)  shall  bee 
his  Sufficient  Warrant  and  Discharge.  Given  under  my 
Hand,  and  Sealed  with  the  Seale  of  the  Province  at  Fort 
James  in  New  Yorke  this  15^  day  of  Aprill  in  the  25^  yeare 
of  his  Ma1!63  Reigne,  Annoq*  Domini  1673. 

Fran:  Lovelace 


Commission  for  Cap*  John  Gardner  of  the  Island      Deeds 
of  Nantuckett  to  bee  Cap1,  of  the  Foot  Company  (Sec.* state) 
there. 

Francis  Lovelace  Esq?  &c:  Governor  Gen?11  under  his  1673 
Royall  H?  James  Duke  of  Yorke  &  Albany  &c:  of  all  his  Apr* '! 
Territoryes  in  America. 

To  Cap*  John  Gardner  of  ye  Island  Nantuckett. 

Whereas  You  are  one  of  the  two  persons  returned  unto 
mee  by  the  Inhabts  of  your  Island,  to  bee  the  Chiefe  Military 
Officer  there,  having  conceiv'd  a  good  Opinion  of  your  fitt- 


374  Province  of  New  York  [xvni] 


ness  ^  capacity:  By  Vertue  of  the  Commission  &  Authority 
(Sec.  State)  unto  mee  given  by  his  Royall  Highnesse  James  Duke  of 
Yorke  &  Albany,  I  have  constituted  and  appointed,  and  by 
Apr.  15  these  Presents  doe  hereby  Constitute  &  Appoint  you  John 
Gardner  to  bee  Captaine  &  Chiefe  Military  Officer  of  the 
ffoot  Company  risen  or  to  bee  risen  within  the  Islands  of 
Nantuckett  and  Tuckanuckett.  You  are  to  take  the  said 
Company  into  your  charge  &  care  as  Captaine  thereof,  and 
them  duely  to  exercize  in  Armes;  and  all  Officers  and  Sould- 
yers  belonging  to  the  said  Company  are  to  obey  you  as  their 
Captaine.  And  you  are  to  follow  such  Orders  and  Instruc- 
tions, as  you  shall  from  time  to  time  receive  from  mee  or 
other  your  Superiour  Officers  according  to  the  discipline  of 
Warr;  for  the  doeing  whereof  this  shall  bee  your  Commis- 
sion. Given  under  my  hand  and  Scale  at  Fort  James  in 
New  Yorke  this  I5*h  day  of  Aprill  in  the  25*h  yeare  of  his 
Ma*ies  Reigne  Annoq?  Domini  1673. 

Fran:  Lovelace 


Deeds  Nantuckett  Affayres. 

3:85 

(Sec.  State)  Additional  Instructions  &  Directions  for  the 

Government  of  the  Island  Nantuckett  sent 
by  MT  Richard  &  Cap*  Jn<?  Gardner  Aprill 
ye  i8tl?  1673. 

.  x^73  Inprimis,  That  in  regard  ye  Towne  upon  ye  Island  of 
Nantuckett  is  not  known  by  any  peculiar  or  particular  Name, 
It  shall  from  hence  forth  bee  called  &  distinguished  in  all 
Deeds,  Records,  and  Writing  by  the  name  of  the  Towne  of 
Sherborne  upon  the  Island  Nantuckett. 

That  all  ancient  &  obsolete  Deeds,  Grants,  Writings,  or 
Conveyances  of  Lands  upon  the  said  Island  shall  bee  es- 
teemed of  noe  fforce  or  Validity,  but  the  Records  of  every 


Collateral  and  Illustrative  Documents  375 


ones  Clayme  or  Interest  shall  beare  Date  from  the  first 
divulging  of  the  Patent  granted  to  the  Inhabitants  by  Au-  (Sec.  State) 
thority  of  his  Royall  Highnesse,  and  soe  forward,  but  not 
before  the  Date  thereof.  Apr.  18 

That  the  time  of  Election  of  the  Chiefe  Magistrate,  & 
other  Civill  Officers  bee  &  continue  according  to  the  Direc- 
tions &  Instructions  already  given,  but  in  regard  of  the  dis- 
tance of  the  Place,  &  ye  uncertainty  of  Conveyance  betwixt 
that  &  this  Place,  ye  chiefe  Magistrate  &  all  the  Civill 
OfficT8  shall  continue  in  their  Employm*5  untill  the  Returne 
of  the  Governor  Choice  &  Approbacon  of  a  New  Magis- 
trate bee  sent  unto  them,  which  is  to  bee  with  the  first  con- 
venient Opportunity. 

That  in  case  of  Mortality,  if  it  shall  please  God  the  Chiefe 
Magistrate  shall  dye  before  ye  Expiration  of  his  Employ- 
ment, the  Assistants  for  the  time  being  shall  manage,  &  carry 
on  ye  Affayres  of  the  Publick  untiil  the  time  of  the  new 
Election,  &  ye  Governor  Return  &  Approbation  of  a  new 
Magistrate  in  his  stead. 

That  the  Chiefe  Military  Officer  shall  continue  in  his 
Employm*  during  the  Governor  Pleasure,  and  that  hee  have 
Power  to  appoint  such  Persons  for  inferiour  Officers,  as  hee 
shall  judge  most  fitt  and  capable. 

That  in  Case  of  the  Death  of  the  Chiefe  Military  Offic? 
during  the  time  of  his  Employment,  that  then  the  Inhabitants 
doe  forthwith  make  Choice  of  two  Persons,  &  returne  their 
Names  unto  the  Governour,  who  will  appoint  one  of  them 
to  bee  the  Officer  in  his  stead. 

That  in  regard  ye  Generall  Co^  to  bee  held  in  ye  Island 
Nantuckett  or  Martins  Vineyard  is  but  once  in  the  yeare, 
where  all  Causes  or  Actions  are  tryable  without  Appeale 
to  ye  Sum  of  fifty  pounds,  Liberty  bee  granted  to  try  all 
Actions  of  Debt  or  Tresspass  at  their  Ordinary  Courts  to 
the  value  of  Ten  pounds  without  Appeale,  Vnless  upon 


376  Province  of  New  York 


Deeds     Occasion  of  Error  in  ye  Proceedings  there  bee  Cause  of 
(Sec.  state)  Complaint  from  ye  Ordinary  Court  unto  the  Generall  Court, 

or  from  the  Gen?11  Court  to  the  Court  of  Assizes. 
Apr.  18  That  what  is  granted  in  the  Generall  Patent  to  the  Inhabit- 
ants, ffree-holders,  of  the  Island  Nantuckett  is  to  bee  under- 
stood, unto  them  alone  who  live  upon  the  Place  &  make 
Improvem*  thereof,  or  such  others  who  having  pretences  of 
Interest  shall  come  to  Inhabitt  there.  Given  under  my 
Hand  at  Fort  James  in  New  Yorke  the  day  &  yeare  afore- 
written;  &  in  ye  25^  yeare  of  his  Maties  Reigne. 

[Francis  Lovelace.] 


A  Letter  from  the  Secretary  to  ye  Inhabitf 
(Sec.*  State)  of  Nantuckett. 

New  Yorke  Apr:  ye  24^  1673. 
1673      Gent. 

By  the  Governor  Ord?  I  am  to  acquaint  you,  That  hee 
receiv'd  your  Letter  (bearing  Date  the  3^  day  of  Aprill  about 
3  weeks  since,  by  the  hands  of  Mr  Richard  Gardner  together 
with  eight  Barrells  of  ffish  for  two  yeares  Acknowledgment, 
and  a  Token  of  fifty  weight  of  {Feathers,  for  which  your 
care  of  the  former,  and  kindnesse  in  the  Latter  hee  returnes 
you  thanks;  There  came  to  the  Governor  in  the  Winter  a 
Letter  from  Mr  Tristram  Coffin  about  your  Election,  but 
noe  other  from  you;  in  answer  to  which  you  had  heard  from 
him  sooner,  but  the  difficulty  of  Conveyance  hindred.  You 
will  now  understand  the  Governors  choice  by  the  Bearers 
hereof  Mr  Richard  and  Cap*  John  Gardner:  That  is,  Mr 
Richard  Gardner  for  Chiefe  Magistrate  this  yeare,  &  Cap* 
John  Gardner  for  Chiefe  Military  Officer,  for  which  they 
have  Commissions.  They  have  also  with  them  some  Addi- 
tionall  Instructions  and  Directions  to  Communicate  to  you; 


tax]  Collateral  and  Illustrative  Documents  377 


most  of  which  were  proposed  by  those  two  ffriends  you  sent, 
who  have  prudently  managed  the  Trust  you  reposed  in  them.  (Sec.  State) 
They  have  also  with  them  a  Booke  of  the  Lawes  of  the 
Government,  &  three  Constables  Staves:  As  to  your  Non-  Apr.724 
performance  of  the  Acknowledgment  according  to  strictness 
of  time,  his  Hono?  being  sensible,  That  Opportunityes  doe 
not  very  frequently  present  between  these  Places,  hee  is 
very  well  satisfyed  with  your  Civill  Excuse.  If  at  any  time 
you  have  other  Prpposalls  to  make  for  the  Good  of  yor. 
Inhabitants,  you  may  rest  assured  of  his  Hono"  ready  Com- 
plyance  therein.  This  is  all  I  have  in  charge  to  deliver  unto 
you  from  the  Governour,  Soe  take  Leave  &  subscribe 

Gent. 

Yo?  Very  humble  Servant 
Matthias  Nicolls. 


No.  XIX. 

ALBANY  AFFAIRS  AND  PACIFICATION  OF  THE 

MOHAWKS. 


[Lovelace  to  Henry  Pawling.]  O.  W.  L. 

^ 

Yor  Letter  of  y°  5th  Instant  I  answered,  since,  which  I 
received  another  of  17th  ditto,  I  thanke  you  for  yor  frequent  jJiy  25 
letters,  I  approue  very  well  of  yor  advancing  the  peace  with 
ye  Indyans:  Though  I  must  confesse  it  had  beene  better, 
had  the  appearance  of  yor  formality  of  the  Magistrates  of 
Esopus  concerned  them  selues  here:  I  cannot  imagine  how 
that  peace  will  bee  of  any  duracon,  in  regard  the  Macquas 
will  not  accord  with  the  Mappingo's  [sic]  and  other  nacons 


378  Province  of  New  York  [xfx] 


O.  W.  L.  Of  tnat  side  Of  Hudsons  River  and  there  being  so  great  a 
(NYSL)  Correspondence  with  them  of  the  Esopus,  Cuttskill  &c  that 
6  hee  that  attach  the  one  must  neede  injure  the  other,  since 
July  25  in  all  extremityes  they  will  haue  a  recourse  one  to  the  other. 
I  am  endeavouring  to  make  it  a  generall  peace,  and  doubt 
not  but  to  accomplish  it,  for  if  the  Indyans  under  MrWinthrop 
bee  but  as  pliable  as  our  Indyans  the  worke  is  allready  done; 
you  may  on  all  occasions  assure  them  so,  it  will  relieue 
their  doubt  much,  when  they  see  but  a  possibility  for  a 
generall  peace.  For  y[e]  Oare  you  sent  mee,  I  haue  tryde  it 
and  find  it  right  But  with  all,  I  desire  a  greater  quantity  to 
bee  sent  mee  by  the  next  convenience  for  the  Last  was  so 
little  that  I  could  hardly  make  a  Tryall.  For  the  Land  you 
relate  to  bee  neare  ye  Mine  pray  take  it  up  for  mee  and  if 
it  bee  in  such  a  place  as  it  may  render  it  Comunicable  to 
other  I  will  settle  it.  For  ye  Washmakers  Land,  I  shall  not 
dispose  it,  till  I  heare  out  of  England  Pray  proceed  vigor- 
ously toward  the  settlem*  of  yor  Towne,  and  I  will  invest 
you  with  sufficient  Authority  to  administer  Justice  amongst 
them  I  haue  from  England  advertisement  of  200  Scoth 
familyes  that  are  to  bee  transported  hether  (if  so)  I  purpose 
to  settle  them  neare  you  that  so  you  may  strengthen  each 
other  ye  better,  Comend  mee  to  the  Magistrates  there  and 
the  Rest  and  beleeue  mee  to  bee 

Yor  Loving  freind 

Fran:  Lovelace 
Fort  James  the  25th 
day  of  July  1669. 


O.  W.  L.  [Lovelace  to  the  Magistrates  at  Albany.] 

(NY4SL) 

Gentlemen 

1669          My  last  to  you  was  about  the  letting  out  the  great  Pacht 
or  Tappers  Excise  for  ye  yeare  ensueing  for  the  wch  I  therein 


tax]  Collateral  and  Illustrative  Documents          379 


gaue  you  some  Instructions  I  then  also  required  you,  that  °-  w-  L« 
the  double  Excise  for  liquo"  goeing  up  to  Albany  is  taken  (NYSL) 
off,  it  being  onely  to  bee  paid  here. 

In  answer  to  yor.  letters  concerning  the  peace  betweene  the  juiy  26 
Indyans,  I  doe  very  well  approve  of  what  you  haue  already 
done,  and  shall  desire  you  continue  yor  best  Endeavors  for 
ye  Promoting  of  it  to  effect.  I  haue  given  an  ace1  of  all  yor 
proceedings  about  it  to  the  Macquaes  part  unto  Mr  Win- 
throp,  from  whome  I  every  day  expect  an  answer,  how 
farre  hee  hath  wrought  with  those  Indyans  about  him,  as 
also  an  agreement  upon  the  place  where  the  meeting  shall 
bee,  for  ye  conclusion  of  the  peace  whether  if  in  this  City 
or  not. 

I  am  informed  that  the  Macquaes  haue  made  a  peace  with 
ye  Esopus  Kattskill  and  other  Indyans  adiacent  but  haue 
excluded  the  Poppingoes  [sic]  which  will  bee  an  occasion  of 
breach  of  it  againe  unlesse  they  bee  included,  also  there 
being  so  great  affinity  and  correspondence  betweene  them 
and  those  other  Indyans.  When  I  receive  letters  from 
Governor  Winthrop  You  shall  heare  further  from  mee  con- 
cerning this  matter  in  the  meane  time  yor  Care  and  prudence 
in  the  management  of  Affaires  with  ye  Macquaes  will  bee 
very  acceptable  to 

Yor  affectionate  freind 

Fran:  Lovelace 
New  Yorke  this  26th 

of  July  1669. 


[Lovelace  to  the  Magistrates  at  Albany.] 

Gentlemen 

I  haue  Rec^  yo"  of  ye  5**?  Instant  w*.h  some  further  propo-    ol669 
sitions  from  y*  Maques  Indians  whereto  I  can  at  present 


380  Province  of  New  York  [xix] 


C.  A.      say  iittie  or  nothing  untill  Governour  Winthrop  retorne  w0!1 

(NYSL)    is  dayly  expected  but  that  I  am  glad  they  continue  in  so 

Calme  &  peacable  myndes  notwithstanding  their  last  victory. 

Oct.  13     I  haue  also  an  Account  from  yo"  of  ye  Election  of  yor  Comis- 

saryes,  And  doe  approue  of  Capt*  Philip  Pieter  Schuyler 

for  Albany  in  ye  place  of  Mr  Jacob  de  Hinse,  &  of  Pieter 

Meenssen  in  ye  stead  of  Jan  Thomas  for  Renzlaerswijck, 

wc^  is  all  at  prsent  from 

Yo?  very  Loving  freind 

[Francis  Lovelace.] 
ffort  James  in  New  Yorke 
this  13^  day  of  October. 
1669. 


c-  A-  The  Governor  Lre  to  ye  Schout  & 

2:426  J 

(NYSL)  Comissaryes  at  Albany.1 

Gentlemen 

?  The  Governor  hath  receiued  ye  Propositions  yoH  sent 
from  ye  Matucander  Indians  a  Copy  whereof  he  doth  intend 
to  transmitt  to  Gouernour  Winthrop  from  whome  he  dayly 
Expects  a  retorne  of  all  ye  former  papers  of  wc.h  yo"  will 
haue  an  Ace*  The  Gouerno^  hath  giuen  me  Ord?  to  acquaint 
yo*  that  he  would  haue  yo"  as  formerly  to  prouyde  a  Scow 
to  help  ye  Souldiers  in  their  provision  of  firewood  against 
winter  wc.h  is  all  at  prsent  from 

Yor  very  Loving  freind 

Matthias  Nicolls 
Octobr  27*.h  1669. 

To  ye  Schout  &  Comissaryes  at  Albany. 

1  The  original  heading,  as  is  evident,  is  erroneous;  but  Nicolls  wrote  in  his 
secretarial  capacity  for  Lovelace. 


Collateral  and  Illustrative  Documents  381 


The  Gouernors  Lre  to  Governed  Winthrop      c- 
Deare  ST 

I  am  heartily  sorry  so  sad  an  Occasion  as  ye  Indisposition 
of  yo^  wife  obstructed  yoT-  retorne  to  yoT  house  but  am  as 
well  pleased  at  her  recovery  &  thereby  ye  advantage  I  shall 
reape  by  a  more  frequent  Correspondency,  if  all  my  Letters 
arriu'd  yo^  hands  yo"  will  fynde  them  of  one  Tenure  (vizt)  ye 
Earnest  desire  of  ye  Macqueses  to  conclude  a  firme  peace 
wth  ye  Mahicands  what,  overtures  (of  this  nature  they  haue 
made  before)  I  cannot  be  informed  in  &  I  am  apt  to  belieue 
what  they  now  represent  to  be  (as  farre  as  Infidells  are  to 
be  Creditted)  very  Cordiall,  Yo"  see  their  propositions  & 
having  had  ye  Experience  of  their  Actings  formerly  you  can 
best  giue  a  Judgm*  of  ye  Event,  to  be  briefe  (if  it  can  be 
accomplis'ht)  I  doubt  not  but  it  will  very  much  tend  to  ye 
good  of  all  Xpians  in  their  tranquility  &  to  ye  Advancem*  of 
Trade  (ye  first  step  to  plenty)  How  farre  yo"  belieue  me  to 
be  Capable  to  promote  that  designe  I  shall  receiue  Instruc- 
tions from  yo"  but  I  am  apt  to  belieue  ye  Progresse  will  be 
very  slow  if  it  be  manag'd  by  Letters  there  will  be  therefore 
a  necessity  of  an  Intercourse  wc^  I  shall  attend  when  I  know 
from  yo"  ye  Tyme  &  place,  For  those  Exceptions  yo"  inferre 
of  ye  tyme  &  place  &  Jelousy  ye  Mahicanders  Conceiue  of  ye 
Maquesyes  by  reason  of  some  former  misactings  ye  others 
use  ye  same  Arguments  against  them  &  if  true  (rebus  sic 
stantibus)  there  is  little  hopes  of  a  period,  but  if  all  former 
miscarriages  are  oblitterated  &  we  enter  on  a  Treaty  de  novo 
tis  possible  a  good  issue  may  be  Expected  Howeuer  all 
faire  Endeauours  are  to  be  practised  that  may  accomplish 
so  universall  a  benefitt  to  this  Corner  of  ye  world,  I  beleeue 
I  can  resolue  yoT.  doubt  concerning  what  is  meant  by  ye  high 
Land  Indians  amongst  us  ye  Wappingoes  &  Wickerskeck 
&c  haue  alwayes  beene  reckoned  so  And  for  those  I  dare 


382  Province  of  New  York 


C-  A-     respond  to  haue  them  included  in  ye  Genr"  peace  thus   yo" 
(NYSL)    see  how  that  affaires  now  stand,  &  though  ye  Churlishnesse 
of  ye  weather  will  not  suffer  us  to  Acte  any  further  (ye  well 
Dec.  29    wishes  towards  it)  Yett  as  soone  as  ye  wayes  be  passable  I 
shall  be  glad  to  giue  yo"  a  meeting  that  so  we  may  consid? 
ye  best  way  &  method  to  bring  this  worke  to  a  desird  Con- 
clusion I  haue  no  more  but  wishing  yo?  all  happinesse  &  a 
beleef  that  I  am 

Yor  most  affectionate 
humble  servant 

Fran  Louelace. 
Fort  James  Decembr29th.  1669. 

I  know  not  if  that  Letter  miscarryed  wherein  I  enclosed 
my  Grattitude  for  yor  noble  prsent  wch  if  [it]  did  for  ye  prsent 
pray  accept  of  this  wth  an  assurance  when  any  thing  prsents 
itselfe  worthy  of  yo"  I  shall  then  fynde  a  way  to  direct  it 
to  yo^ 

The  Postscript. 
ST 

I  giue  yo*  hearty  thanks  for  yor  news  as  likewise  that 
book  of  ye  Relation  of  Mount  ^Etna  though  that  ariv'd  to 
my  hands  by  M?  Delavall  in  recompence  of  w0!1  this  day  I 
receiued  Lres  both  from  England  &  Holland  Those  from 
England  wryte  of  ye  Certainty  of  ye  Death  of  ye  Queene 
Mother  for  wc.h  ye  whole  Court  is  in  mourning  &  are  like 
to  Continue  till  Easter  ye  Duke  of  Buckgingham  is  made 
Lord  High  Steward  of  Oxford  ye  Duke  of  Ormond  Chancellor 
of  Oxfourd  ye  L<?  Roberts  is  gone  for  Ireland  in  ye  quallity 
of  Lord  Lieueten*  of  it  M?  Henry  Howard  is  well  reel  at 
ffosse  by  Taffeletta  &  his  negotiation  like  to  succeed  Accord- 
ing to  desires. 


Collateral  and  Illustrative  Documents  383 


The  Gouerno"  Lre  to  ye  Comissaryes  at     £• A- 
Albany.  (NYSL) 

Fort  James  in  New  Yorke  this 

24^  day  of  January  1669. 
Gentlemen 

I  Receiued  yoT  Lett?  of  ye  8*h  of  January  by  ye  Indian,  by 
w?h  I  understand  of  yoT  health  &  welfare  w?h  to  me  was  a 
most  welcome  New  Yeares  guift,  &  as  it  hath  beene  my  sole 
Consideration  yor.  pe'ace  &  happinesse  so  ye  continuance  of  it 
shall  be  my  chiefest  study,  I  am  glad  all  ye  Indians  are  so 
well  disposed  as  to  Imploy  themselues  to  ye  Beauer  hunting, 
I  doubt  not  but  yo"  will  receiue  ye  good  effects  of  it  by  yo? 
next  yeares  handling  by  w?h  tyme  I  am  in  greate  hopes  to 
Constitute  a  firme  peace  w*h  ye  Indians  now  in  Hostility 
wth  each  oth?  &  am  sorry  I  haue  hitherto  brought  it  to  no 
greater  perfection  but  must  wthall  assure  yo"  ye  fault  lay 
not  in  ye  least  on  my  parte  in  regard  M?  Winthrop  who 
gouernes  those  Indians  (by  an  Accident  of  ye  indisposition 
of  his  wife)  has  beene  absent  from  his  Gouernem*  all  this 
suiner  &  Retorn'd  not  till  ye  Churlishness  of  ye  wintf  forbad 
all  manner  of  Intercourse,  In  ye  springe  I  am  resolued  to 
proceed  in  ye  worke  of  making  a  Gen?1  peace,  To  w?h  end 
I  haue  already  made  some  prperation  thereunto  w?h  I 
beseech  God  to  blesse,  It  tending  so  much  to  ye  uniuersall 
benefitt  of  theise  partes  &  perticuler  yours.  There  is  not 
any  thing  of  moment  yo"  haue  in  perticuler  Recomended  to 
me  if  yo"  had  I  should  haue  answered  yo?  desires,  If  any 
thing  falls  out  in  ye  Interim  I  must  recomend  it  to  yo^  prudent 
manager^  till  I  haue  ye  fauour  to  see  yo"  w?h  I  purpose 
this  sumer  In  ye  meane  tyme  I  recomend  yo"  to  ye  pro- 
tection of  him  who  is  able  to  stand  by  yo"  in  all  Extremityes 
w?h  God  I  beseech  to  blesse  &  guide  yo"  &  him  who  is 

YoT  assured  freind 

Fran  Louelace. 


384  Province  of  New  York  [xix] 


2C;  A.  The  Governors  Lett?  to  Capt1?  Louelace. 

(NYSL)    Brothr 

I  Recd  y0rs  Of  ye  2d  Of  Aprill  1670  by  Jaques  Cortelijau 
&  haue  not  since  had  an  oppertunity  to  retorne  you  an 
answer,  neither  was  I  much  solicitous  so  to  doe  for  my 
Expectations,  were  to  see  you  here  dayly  but  understanding 
of  new  resolutions  yo"  haue  taken  of  goeing  up  to  Albany, 
&  Mr  Delavalls  occasion  likewise  calling  him  thith?  I  am 
uery  willing  yo"  should  accompany  him,  &  ye  rather  in  regard 
some  Publique  affaires  will  occurr  w?h  will  require  ye  Assist- 
ance of  some  Commission1?  for  their  dispatch,  You  are  there- 
fore to  assist  M?  Delavall  in  ye  Execution  of  such  things  as 
shall  tend  to  ye  good  &  welfare  of  those  partes  &  likewise 
if  any  priuate  businesse  shall  fall  und?  yo?  consideration,  to 
determyn  it  as  shall  be  agreeable  to  Justice  &  ye  satisfaccon 
of  ye  oppressed  amongst  w?h  here  haueing  beene  a  Complaint 
exhibited  against  Capt1?  Baker  by  Jochem  ye  Baker  &  finde- 
ing  it  not  onely  difficult  but  too  tedious  to  decide  ye  Con- 
trouersy  here,  I  haue  thought  it  good  to  transferr  ye  matt' 
to  ye  Magistrates  at  Albany  togeth?  w*h  M?  Delavall  &  yo? 
selfe  as  Comission™  who  by  this  are  as  fully  declared  to  be 
&  Acte  as  Commissiony5  as  if  authorized  by  ye  formality  of 
a  Comission,  I  know  yo"  will  be  vigilant  to  haue  an  inspec- 
tion into  all  matters  that  shall  relate  to  ye  Publique  both  as 
to  ye  Garrison  &  Civill  affayres  ye  Account  whereof  I  shall 
expect  from  you  both  not  doubting  but  that  yo*  will  com- 
port yo?  selfe  w*h  such  prudence  &  moderation  as  shall  tend 
to  ye  firme  Establishing  of  ye  Publique  interest  there  &  giue 
me  an  occasion  to  subscribe  my  selfe 

Yo?  affectionate  brother 

Fran:  Louelace 
Fort  James  il?hof 
Aprill  1670. 


Collateral  and  Illustrative  Documents  385 


Instructions  for  M?  Thomas  Delavall  &  C.  A. 
Captn  Dudly  Lovelace  at  their  Arivall  (NYSL 
to  Albany. 

1.  That  they  show  Mr.   Winthrops  Lett?  to  me  to  y*  [Apr7°i] 
Magistrates  there  &  consult  what  is  best  to  be  done  to  ye 
Accomplishing  of  a  peace  betweene  ye  Maquases  and  North 
Indians. 

2.  To  see  what  Condition  ye  Garrison  is  &  to  Contrive 
a  way  for  ye  reperatien  of  ye  ffbrt 

3.  To  state  ye  Souldiers  Accounts  &  informe  me  what  is 
due  to  them  that  so  they  may  be  supplyed 

4.  To  see  in  what  reperations  ye  Confiscated  houses  are 
&  (if  an  advantagious  proffer  happens)  to  contract  for  ye 
sale  of  them 

5.  To  see  how  ye  Excise  is  paid  &  what  is  in  Arrears  & 
to  farme  it  anew  for  ye  yeare  ensueing. 

6.  To  Examyne  into  M?  Renslaers  Rent  of  Corne  &  what 
he  is  behynde  &  to  speed  hither  as  likewise  to  put  it  in  a 
certaine  method. 

7.  To  acquaint  ye  Magistrates  that   I   look  upon   that 
Church  &  Ministry  as  the  Parochiall  Church  of  Albany  (for 
so  it  was  found  EstabhYht  by  my  prdecesso?  &  myselfe)  & 
leaue  ye  supportation  of  it  to  ye  discretion  of  ye  magistrates 
to  maintaine  a  minister  eith^  by  way  of  Taxe  or  otherwise  & 
that  no  Inhabitant  of  what  opinion  soever  be  Exempt  but 
beare  his  proportion,  &  that  they  giue  me  an  Account  of 
their  transactions  in  this  perticuler. 

8.  To  make  a  prohibition  that  no  strangers  coming  from 
hence  or  goeing  from  Albany  that  haue  no  residence  at 
Schanecktade   do   trade   there   &   that  ye   Inhabitants   of 
that   place   be  likewise  lymitted  as  to  their  Trade  w*h  ye 
Indians 

[25] 


386  Province  of  New  York  [|fi] 


c-  A-         9.  To   inquire  if  it  were   not  more  advantagious  to  ye 


2:490 


(NYSL)  Towne  of  Albany  to  haue  anoth?  house  for  ye  Indians  at  ye 
r  1670  I  Entrance  of  ye  Towne  below  ye  Hill  that  so  ye  Inhabitants 
[Apr.  nj  may  haue  an  Equall  benefitt  of  ye  Trade  as  well  those  that 

are  below  as  those  aboue 

10.  To  prosecute  ye  designe  of  ray  sing  a  Troop  of  horse 

there  of  y6  w?h  I  recomend  M?  Renslaer  to  be  Capt1? 


ffrancis  Louelace  Esqr  &c.  To  Silvester 
(NYSL)  Salisbury  Lieu1. 

July7°3  By  vertue  of  ye  Coinission  &  authority  vnto  me  given  by 
his  R.  Hs.  James  D.  of  Y.  &  Albany  &c.  I  do  constitute  & 
appoint  you  Silvester  Salisbury,  &  you  are  hereby  Constituted 
&  appointed  to  bee  Lieutenant  of  a  Company  of  Foote  under 
my  Comand  &  Comander  in  Cheife  of  the  Garrison  at 
Albany,  You  are  to  take  into  yor  Charge  &  Care  the  s? 
Garrison  under  mee  &  duly  to  exercise  both  yor  Inferior 
officrs,  &  souldyrs  in  armes,  &  to  vse  yor  best  Care,  skill  & 
Endeavors,  to  keepe  them  in  goofd]  order  &  discipline, 
Hereby  requiring  all  Inferior  Officrs  &  souldyers  (under  yor 
Comand)  to  obey  you  as  their  Lieu*.  And  you  are  likewise 
to  observe  &  follow  such  orde[rs]  &  directions,  as  you  shall 
from  time  to  time  receive  from  mee,  or  other  yor  Superior 
Office  according  to  ye  discipline  of  Warre,  Given  under  my 
hand  &  seal  at  ffort  James  in  New  Yorke  this  13th  day  of 
July  1670 

[Francis  Lovelace.] 

An  Ensignes  Comission  to  C.  D.  Lovelace1 
— same  date. 

» Captain  Dudley  Lovelace. 


See  Analytical  Index 
Vol.  III. 


PLEASE  DO  NOT  REMOVE 
CARDS  OR  SLIPS  FROM  THIS  POCKET 

UNIVERSITY  OF  TORONTO  LIBRARY 


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