MINUTES
of the
EXECUTIVE COUNCIL
Frontispiece Vol.
CORNELIS STEENWIJCK
Mayor of New York City from August, 1668, until October, 1670,
and a Member of Lovelace's Council.
(From the Original Painting in the New York Historical Society.)
&•!•(
C
N"t'K"'n)'
^MINUTES of the
EXECUTIVE COUNCIL
of the Province of New York^
Administration of Francis Lovelace *
1668-1673 "^
Volume II
COLLATERAL AND ILLUSTRATIVE
DOCUMENTS
/ XX-XCVIII
Edited by VICTOR HUGO PALTSITS, State Historian
m
PUBLISHED by the STATE OP NEW YORK, ALBANY, 1910
.I/
3 I'
F
v.2
REPORTED TO THE LEGISLATURE
April sth, 1909
May ad, 1910
Albany, N. Y.
J. B. Lyon Company. State Printers
1910
TABLE OF CONTENTS
Page
Table of Contents v
List of Illustrations xi
Collateral and Illustrative Documents in this volume,
Nos. XX to XCVIII, as follows:—
No. XX. Albany — Captain John Baker 387
No. XXI. Katherine Harrison and Witchcraft at
Westchester 390
No. XXII. Land of Maririe Damen at Canestagione. 395
No. XXIII. New York City — Penalty for Stealing
Canoes and Boats 397
No. XXIV. Whorekill, Delaware — Abolition of the
Customs 398
No. XXV. Nesaquake Lands Controversy — Rich-
ard Smith vs The Town of Huntington, Long
Island 400
No. XXVI. Claims of Johannes de Decker —
Negroes, Salary, Land at Staten Island 447
No. XXVII. Staten Island — Land of Jacob Melyn . 449
No. XXVIII. Brookhaven (Seatalcott) — Land
Affairs and Whaling 450
No. XXIX. Southampton — Confirmation of Land,
Sale of Strong Drink to Indians, Whaling, etc. . 459
No. XXX. Flushing, Hempstead and Jamaica —
Protests adjudged to be Scandalous, Illegal and
Seditious; Boundaries 478
No. XXXI. Staten Island —Lots laid out for
Soldiers 487
V
vi Table of Contents
Page
No. XXXII. Newtown — Estate of John Cockram
sold for Debt 491
No. XXXIII. Hempstead — County Rates and Cap-
tain John Seaman 494
No. XXXIV. Staten Island — Estienne Gaigneau vs
Jacques Guyon, Attorney for Jean Collyn,
about Land 494
No. XXXV. Delaware — Distressed Condition, Indian
Outrages and threatened Indian War, Defense
and New Settlers 496
No. XXXVI. Gravesend and New Utrecht — Land
Controversy 512
No. XXXVII. Haven Master of the Port of New
York — Empowered to Arrest and Attach 513
No. XXXVIII. New York City — Sylvester Salisbury
vs Fredrick Gijsbertsen, in regard to con-
fiscated House in Stone Street 514
No. XXXIX. Brooklyn — Debts contracted in
Building a House for the Minister 516
No. XL. West India Company — Debts 518
No. XLI. New York City — Export of Wheat 519
No. XLII. Hudson River — Regulation of Trade
and Shipping 522
No. XLIII. Southampton, Southold, etc. — Refuse
to Renew their Patents 524
No. XLIV. Kingston, Hurley, Marbletown — Regu-
lation of Courts, Military Affairs, etc 526
No. XLV. Delaware Affairs — The Whorekill, Cap-
tain Martin Creiger, Millstones, Sloop of Jan de
Kaper 530
Table of Contents vii
Page
No. XLVI. Albany — Fanning out of Tappers Excise. 548
No. XLVI I. Long Island — Troop of Horse of
North and West Ridings of Yorkshire 552
No. XLVIII. Delaware — New Castle and the
Whorekill, Proposals of Captain John Carr and
Orders thereon 55^
No. XLIX. Delaware — Land Grant to James Mills. 567
No. L. Long Island — Lands of the Matinicock
Indians, Town of Hempstead, Thomas Terry,
John Paine, etc 569
No. LI. New York City — Lutheran Church and
Rev. Jacobus Fabricius 585
No. LII. No Mans Land (Isle of Man) — Grant. . . 590
No. LIII. Council Business, July 8, 1671 — Omitted
from the Minutes 591
No. LIV. Delaware — Matiniconck Island, Indian
Depredations 593
No. LV. New York City — Affairs of the Ship
"Expectation" 612
No. LVI. Delaware — The Sloop "Royal Oak,"
Thomas Lewis, Master, permitted to Trade on
the Delaware River 616
No. LVII. New York City — Dutch Reformed
Church 617
No. LVIII. Gravesend — Neglectful in erecting
Town Fences 618
No. LIX. Brooklyn — Confiscated Land of Charles
Gabry 619
No. LX. Brooklyn — Fredrick Lubbertsen vs
Michiel Heynelle 629
viii Table of Contents
Page
No. LXI. New York City — Rev. Jacques Roullaud
and French Protestants 631
No. LXII. New York City — Proclamation about
unfenced Lots 632
No. LXIII. New York City — Third Company of
Foot established in the Militia 633
No. LXIV. New York City — New Troop of Horse
raised 636
No. LXV. Flatlands — Estate of Balthazar de
Vosch 638
No. LXVI. Bond of Thomas Walker, Commander
of the Ship "Batchelours Delight" 643
No. LXVII. Westchester — John Pell vs John Rich-
bell about Boundary and Trespass 647
No. LXVIII. New York and Massachusetts Bound-
aries 662
No. LXVIII(a). Maspeth Kills — Confirmation of
Land to Hendrick Jansen 666
No. LXIX. Schenectady — Dispute among the Tap-
pers 667
No. LXX. Delaware — Encroachments from Mary-
land, Newcastle erected into a Bailiwick,
Fortifications, Whorekill Affairs, etc 669
No. LXXI. Long Island — Commissioners for Indian
Affairs 684
No. LXXII. Oyster Bay — Regulation of Whaling. 687
No. LXXIII. Delaware — Expedition of Governor
Lovelace for Settlement of Affairs there 688
No. LXXIV. Navigation Laws and Transatlantic
Shipping
Table of Contents ix
Page
No. LXXV. New York City — Repair of Fort James
and War Rumors 699
No. LXXVI. Correspondence between Lovelace and
Leverett 71*
No. LXXVI I. New Jersey Rebellion — Lovelace and
Captain James Carteret 7*5
No. LXXVI II. Prudence Island — Controversy over
Jurisdiction and John Paine 725
No. LXXIX. War declared with Holland 737
No. LXXX. Schenectady — Trading with Indians . . 748
No. LXXXI. Mamaroneck — John Richbell and
his Tenants 749
No. LXXXII. Fordham Manor — Disturbance led
by John Pietersen 750
No. LXXXII I. Newtown — Divorce of Thomas
Petitt 751
No. LXXXI V. Albany — Repairs in the Fort 752
No. LXXXV. Southampton — John Jennings and
William Jane vs John Cooper, for Defamation
of the Government 752
No. LXXXVI. Albany — Murder of John Steward,
of the Garrison, by Indians 756
No. LXXXVII. Fox-Hall Manor and Captain
Thomas Chambers 759
No. LXXXVIII. New York City — Benjamin John-
son, Thomas Faulx and Roger Essex, Prisoners. 761
No. LXXXIX. Estate and Debts of Nicholas
Davis 773
No. XC. Peter Groenendijke, alias Smith — Seduc-
tion and Breach of Promise 789
Table of Contents
Page
No. XCI. New York City — Cure-Master and
Gauger, and Packer 790
No. XCII. New York and Boston Post 794
No. XCIII. Yorkshire — Holding of Courts 796
No. XCIV. Yorkshire — Captain John Manning,
High Sheriff 798
No. XCV. Daniel Lane of Brookhaven — Incest and
Confiscated Estate 800
No. XCVI. Kingston — Estate and Debts of Reyner
vander Cooley 801
No. XCVII. New York City — Isaac Bedlow, Cap-
tain of Foot Company 804
No. XCVIII. Albany and Kingston — Excise 805
ILLUSTRATIONS
Portrait of Cornells Steenwijck, with an Inset View of New
Amsterdam Frontispiece
He was mayor of New York City from August, 1668, until October, 1670;
became a member of Governor Lovelace's Council, and altogether was one
of the leading men in the province during this administration. From
the original painting in the possession of the New York Historical Society,
through whose courtesy it is reproduced here.
Petition of Richard Smith, Founder of Smithtown, Long
Island, to Governor Lovelace, September 6, 1671, on his
Boundary Dispute with the Town of Hunrington over Nesa-
quake Lands Opposite p. 434
Autographs of Captain John Carr and other Leading Men at
the Delaware Opposite p. 498
Original Size.
Draught of Matinicock Lands as interpreted by the
Indian Sachem, Tackapouche, March 22, 1667/8
Opposite p. 569
From Land Papers, vol. i, p. 30, hi the office of the Secretary of State.
Declaration by Thomas Terry concerning Matinicock Land
Opposite p. 572
Signatures of Commissaries and Magistrates at the Dela-
ware Opposite p. 603
Second Page of Captain John Carr's Letter to Governor
Lovelace, November 27, 1671 Opposite p. 608
Bond for Payment of Confiscated Land in Brooklyn, January
25, 1672/3 — In Dutch Opposite p. 625
Second Page of Captain Edmond Cantwell's Letter to
Governor Lovelace Opposite p. 683
First Page of Subscription List for the Repair of Fort James,
New York City, July, 1672 Opposite p. 704
xi
xii Illustrations
Letter from John Paine to Governor Lovelace
Opposite p. 726
An Early Jury Panel Opposite p. 766
Form of Indictment of Thomas Faulx Opposite p. 769
Original Warrant for the Arrest of Daniel Lane, with Auto-
graph of Governor Lovelace, and Seal. . Opposite p. 80 1
Map entitled: Totius Neobelgii Nova et Accuratissima
tabula, with an Inset View of New York, published at
Amsterdam, by Carolus Allard In Pocket
From an original exemplar of the engraved map in Harvard College
Library, through whose courtesy it is reproduced here for the first time in
exact size. The map is an amplified copy of the Nicolas J. Visscher proto-
type, which was first published by Visscher at Amsterdam, about 1655,
and which persisted for nearly a century under other names. The Allard
map has additional or changed place-names, e.g. " Schenechtade " (founded
in 1662), " Wiltwyck als Kingstoun " (renamed in 1669), " Maerbeltown "
(erected in 1669) and Philadelphia (laid out in 1682). It is found as one
of the maps that comprise Allard's Atlas minor, published compositely at
Amsterdam about 1696, it is supposed, because three other maps in the
volume bear that date.
The engraved view of " New Amsterdam lately named New York "
represents the third known type and makes its first appearance on this
Allard map. It was reissued, subsequently, by Seutter and by Reiner and
Joshua Ottens in atlases published by them. Asher supposed that this
view was engraved by Romeyn de Hooghe and it is believed to be a copy
from an original sketch made not later than 1670. Another view of the
town, also published by Carolus Allard, appears in his Orbis habitabilis
oppida et vestitus, published at Amsterdam, about 1690.
The earliest engraved view of New Amsterdam, representing the settle-
ment as it appeared about 1630, is found on p. 21 of Beschrijvinghe van
Virginia, Nieuw Nederlandt [etc.], published at Amsterdam by Joost
Hartgers, in 1651. It is type No. i and appeared again on p. 9 of the
first edition of Adriaen vander Donck's Beschryuinge -van Nieuw Neder-
lant (Amsterdam, 1655). The second type of an engraved view is an
inset on the Nicolas J. Visscher map of about 1655, and pictures the town
about 1640. Mr. J. H. Innes supposes that this view was derived from a
sketch by Augustine Heerman. A section of the map and a poor copy of
the view form a folded plate in the second edition of Vander Donck's
booklet, published in 1656. This view also persisted for some time.
Ogilby (1669) and Montanus (1670) give nondescript copies of it, and there
are others. The Allard view, as already stated, forms the third engraved
type.
COLLATERAL AND ILLUSTRATIVE
DOCUMENTS
XX— XCVIII
Collateral and Illustrative Documents 387
No. XX.
ALBANY — CAPTAIN JOHN BAKER.
Instructions for Cap" John Backer
[sic] for y* well regulating of y* (HYSL)
Militia and other Affaires at
Albany.1
1 Because t*is in vaine to give Instructions unlesse you
observe them punctually; you are strictly charged and
required, to read them over frequently, and not to follow
yor owne humor but my ord™
2 You are to keepe a Constant guard in y* Fort: But since
there is not Evident danger of Force or Surprisall, you may
lessen the duty of ye Sould™, whereby they may haue liberty
to advance them selves by worke or trade.
3 You are to keepe good ordr and discipline with y*
Sould™ not lending to easy an eare to their Complaints
against their Land Lords; But where you find the Comptt
reasonable you are to make it knowne to y* Comissaryes,
who are Empowred to giue redresse therein against their
Land Lords or any other Inhabitants who shall offer violence
of Iniury to the Sould™
4 If any of ye Inhabitants made a iust Complaint against
a Souldr the punishment of y* Souldr belongs onely to yor
selfe.
5 In matters Capitall or treatyes with y" Indians, you are
to sitt in ye Fort with y' Schout and Comissaryes as y* upper
Cort whereof you are to bee president and upon Equall
> Another record of these instructions, without date, is in New York
Colonial Manuscripts, vol. 22, p. 10.
388 Province of New York
O. W. L. division of voices, to have the Castinge and decisiue voyce :
(HYSL) But in the Ordinary Corts for Civill affaires you haue nothing
1668
August 6 You are to give the word to ye Militia offic? of ye Towne
and Especially when any Report is brought of any danger
to Cause more strickt guards to bee kept.
7 You are to keepe a faire Correspondence with ye Comis-
saryes and toward all the Inhabitants and Endeavor to live
as Brothers together. Avoiding all occasions of Publick
Controversy or falling out: But if you haue any greevance
make it knowne calmely without heate or passion to y8
Court; And if they doe not give redresse you are to remitt y*
matter to mee as it was delivered to ye Co^
8 Lett not yor. eares bee abused with private Storyes of
ye Dutch, being disaffected to ye English, for generally wee
cannot expect they love us; But when you haue any sufficient
Testimony against any Dutchman of words or Actions tend-
ing to ye Breach of Peace or scandalous defamation, deliver
over the testimonyes to the Comissaryes, from whome I
expect Justice shall bee done.
9 You are to Cause the guard house to bee repaired, as
also other necessaryes repaires to bee made, with as little
expence as is possible, knowing the narrowness of our present
Condicon.
10 You are to receive the third of y* Fines from y" Scout
as they are establisht under my hande as also to Continue
the practise of giving ticketts for Entryes of goods upon
Sloopes as formerly not to encrease the Rates but by each
Sloope sende y* Entry signed with yor hand to Mr van Ruyven
11 If it shall at any time happen that ye Indyans coiriitt
any violence at or neare Albany, you are to Joyne in Councell
with y" Comissaryes, what is best to bee done till my further
directions can bee knowne.
Collateral and Illustrative Documents 389
12 I haue taken that Care for y" provisions that you shall °- ,w- *-
not meddle further therein. (HYSL)
13 You are from time to time as occasion presents in M
Company with y" Comissaryes to give Audience to y° August
Sachem of All nations: And after advice with y* Comis-
saryes, returne them answers, suitable to their proposalls.
You are to receive their presents: And make them presents
at yor owne Charge.
14 You are to receive from y* Pachter of y" great Accise
two hundred guild" Seawan for y" firinge of yor house the
Commissaryes will pay the heiringhe of y* Scowe alone
without hands for yor use twice in ye yeare
15 There are some Souldrs who haue undertaken to furnish
the Guard and Sould" quarters in Towne with sufficient
firewood yearely for Six hundred guild™ Seawan the Comis-
saryes will lende them ye Scowe six times at their Charge
But ye Sould? are to man ye Scowe
16 You are to see that those bedds and appurtenances,
which were delivered to you bee distributed amongst y*
Sould™ according to their numbers bee not any wayes
embezeled nor abused by them since an ace1 will be required
from you of them.
17 You are as often as occasion presents to send to mee,
to giue an ace' of y6 State of all affaires and transactions
with you: And in Case of great importance and {mergences,
you are to sent expresse Messengers either Christians or
Indyans according to ye Seasonableness of the yeare by either
of wch that can perform the yourney [sic] best.
1 8 And forasmuch as it appeares evident to mee that
severall Complts being exhibited against the Burgers of this
Towne whereof some of them are very meane in their nature,
others of some yeares standing all tending but to y* unsettling
of mens mindes: And rising up those Seedes of distrust and
39°
Province of New York
1668
August
°' ^ *"• Jealousie amongst us, which aboue all things ought princi-
(NYSL) pally to bee avoyded : My will and pleasure is that to this
present there bee a Generall Amnistia and Oblivion And for
y6 future that no Complaints bee brought before mee but
such as are of High nature and the proofes grounded upon
sufficient Testimonyes and to referre Crimes, of smaller
nature to ye Comissaryes before whome they properly lye.
These Instructions were given at Albany by both the
Governo" in August i668.1
No. XXI.
KATHERINE HARRISON AND WITCHCRAFT AT
WESTCHESTER.
C. A.
2:563
(KYSL)
1670
July?
An Ordr for Katherine Harrison to
Remove from Westchest?
Whereas Complaint hath beene made unto me by y*
Inhabitants of Westchest? ag? Katherine Harrison late of
Wethersfeild in his Mat!.es Colony of Conecticott widdow,
That contrary to ye. consent & good liking of y* Towne she
would settle amongst them, & she being reputed to be a
person lyeing undr ye. Supposicon of Witchcraft hath given
some cause of apprehension to y^ Inhabitants there, To ye
end their Jealousyes & feares as to this perticuler may be
removed, I haue thought fitt to ord? & appoint that y?
Constable & Overseers of y": Towne of Westchestr do giue
warning to y"r said Katherine Harrison to remove out of
' This seems to be the only known official instrument in which Nicolls and
Lovelace acted jointly, on the eve of the departure of the former from the
province.
Collateral and Illustrative Documents 391
their prcincts in some short tyme after notice giuen, & they C. A.
are likewise to admonish her to retorne to y" place of her (HYSL)
former abode, that they nor their neighbours may receiue
no furth' disturbance by her, Given und? my hand at ffort July 7
James in New Yorke this 7'.h day of July 1670.
[Francis Lovelace.]
An Ord' for Katherine Harrison c/_ £r
& Capt1? Richard Panton to (1T/SL)
appeare at ye ffort before
y" Governor
Whereas Complaint hath beene made unto me by y? Al67°
Inhabitants of Westchest' ag' Katherine Harrison widdow
That she doth neglect to refuse or obey my late Ordr. con-
cerning her removall out of y* said Towne, These are to
require yo" that yo" give notice unto y*. said Katherine
Harrison as also unto Capt° Richard Panton at whose
house she resydeth, That they make their personall appear-
ance before me in this place on Wednesday next being y°
24^ of this Instant month, when those of y* Towne that
haue ought to object ag* them doe likewise attend, where
I shall endeavo' a Composure of this difference betweene
them. Given undr my hand at ffort James in New Yorke
this zo'!1 day of August 1670. [Francis Lovelace.]
To y* Constable of
Westchestr
A warrant to ye Constable of West- ^- *•
-chest' to take an Account of y? (HYSL)
Goods of Katherine Harrison.
These are to require yo" to take an Account of such Goods Al6?°
as haue lately beene brought from out of his Ma'1?5 Colony
392 Province of New York [Si]
C. A. Of Conecricott unto Katharine Harrison, & having taken a
(HYSL) Note of y' ^ticulers that yo" retorne y? Same unto me for
y*. doeing whereof this shall be yo* warrant, Given und?
Aug. 25 my hand at ffort James in New Yorke this 25^ day of
August 1670
[Francis Lovelace.]
To y' p'sent Constable
of Westchester.
An Ord? concerning Katharine
Harrison.
Au|7°25 Whereas seuerall Adresses haue beene made unto me
by some of y* Inhabitants of Westchestf on behalfe of ye.
rest desiring that Katharine Harrison late of Wethersfeild
in his Ma*'?8 Colony of Conecticott widdow at prsent
residing in their Towne may be ordered to remove from
thence & not permitted to stay wthin their Jurisdiction upon
an apprehension they haue of her grounded upon some
troubles she hath layne undr at Wethersfeild upon suspition
of Witchcraft, the reasons whereof do not so clearely appeare
unto me, Yett norwthstanding to giue as much satisfaction
as may be to y» Comp1^ who pttend their feares to be of a
publique Concerne, I haue not thought fitt absolutely to
determyne ye. mattf at prsent, but do suspend it untill y°
next Gen1"!1 Co1? of Assizes, when there will be a full meeting
of y*. Councell & Justices of y! peace to debate & conclude
y? same, In y°. meane tyme y? said Katherine Harrison w1!1
her Children may remaine in the Towne of Westchestf where
she now is wthout disturbance or molestation, she having
given sufficient security for her Civill carriage & good
behaviour. Given undr my hand at ffort James in New
Collateral and Illustrative Documents 393
Yorke this 25*.h day of August in y". 22th yeare of his Ma1'?1 C. A.
Raigne Annoq} Domini 1670. [Francis Lovelace.]1 (HYSL)
1670
Aug. 25
An Order for y* Widdow Harryson. c- A-
J 3 a : 670
(HYSL)
Whereas I am given to understand that one (Francis
Yates of your Towne haveing gotten into his Hands severall Apr. 7
Papers and Writeings in Trust belonging to the Widdow
Katherine Harryson now resideing amongst you, & upon
severall prtences (though it may be very frivolous) doth
detaine them contrary to her good Will & likeing; These
are to require you that you forthwth demand & cause y*
said ffrancis Yates to deliver unto y* said Katherine Harry-
son or her Order all Papers or Writeings left by her in Trust
with him, or that hee Hath otherwise contrived of hers into
his Custody; And that you render Acco* hereof speedily
unto mee. If ye said Robert Yates hath any prtences of
Debt, Acco' or Damage, against y* said Katherine Harryson,
y" due Course of y° Law ought to be prosecuted, & noe
person allowed to be Judge in his own Cause. Given under
my Hand at ffort James in New Yorke this 7th day of Aprill.
1671.
[Francis Lovelace.]
To ye Constable & Overseers
of West-chester.
[Lovelace to the Constable of Westchester.] C. A.
a: 691
(NYSL)
Whereas I am given to Vnderstand y1 upon pretence of
Moneys due from ye Widdow Harryson for y* Portion of m/6yi
1 Katherine Harrison, having been bound over to appear before the General
Court of Assizes, held in the city of New York, was by an order of that court
on October 7, 1670, released from her bond and given liberty " to remaine in
394
Province of New York
c- A- one of her Daughtre marryed to one of ye Sons of Thomas
(HYSL) Hunt Senr, you have layd an Attachm1 upon her Goods as
shee was about to remove them from yor Towne, as also
May 19 upon ye Boate of Theophilus Ellsworth who was hired to
Transporte them; y* wch is contrary to Law for any Con-
stable without a Justices Warrant, to Attach upon ye Accots
of Debt above y6 vallue of ffive pounds. And it appearing
not that shee hath made any Engagement to pay any Surne
of Money to her Daughter in Marriage with her Husband,
& doth tender Security to make Answer to y6 Suite of y*
said Thomas Hunt & his Son; These are to require you if
it appeare as is informed, that you forthwith release both y"
Goods & Boate under Attachm*, takeing Mr {French his
Engagement that y* said Widdow Harryson by her selfe or
Attorney shall make Answer to their Complaint at ye next
Court of Sessions to be held at Jamaica for ye North-Rideing
if any suite shall legally be Cofnenced against her. Given
under my hand at ffort James in New Yorke this 19th day
of May 1671.
[Francis Lovelace.]
[To the Constable of Westchester.]
O- E. A Warrant on ye behalfe of y*
(HYSL) Widdow Harryson &c:
1671 These are to require you to aid & Assist Katharine Harry-
son Widdow, or whom shee shall Employ in makeing Enquiry
after & findeing out such Goods as belong to her; y6 wch
(if found) you are to cause to be delivered into y6 possession
of, or to whom shee shall appoint, for ye doeing whereof
the Towne of Westchester, where shee now resides, or any where else in the
Governm? dureing her pleasure," as nothing appeared against her. — Court
of Assizns, vol. 2, pp. 238, 239, 255.
[x5SfJ Collateral and Illustrative Documents 395
This shall be your Warrant. Given under my Hand at *». E.
fforte James in New Yorke this 19th day of July. 1671. (IfYSL)
ffran: Lovelace.
To any of y" Constables or other July 19
Offic™ upon Long Island or
other parts within this Governm*
No. XXII.
LAND OF MARITIE DAMEN AT CANESTAGIONE.
An Ordr for Maririe Damen quietly C. A.
6
to possesse her Land at Albany.1 (HYSD
Whereas Maritie Damen y* wife of Corneliis van Nes of
June 8
Albany did obtayne a Patent from my Predecessor Co?
Richard Nicolls for a certaine peice of Land called Canes-
tagione, y? w°.h seuerall persons as I am informed who
haue since purchased Land neare unto it, upon prtence of an
Ordr. that all those Lands should be layd out & devided into
Lotts doe giue out that they will wthout y? Consent of y8
Owner divide & cast Lotts for y" same although she bee
willing of her selfe to obey y* ordr made concerning y? Erect-
ing of houses in a Neighborhood, These are to require all
persons whome this may Concerne That they forbeare
giuing any molestation or disturbance unto y" said Maririe
Damen in ye Enjoym' & possession of her said Land upon
any prtence whatsoever, but that all matters relating there-
1 The place in the original heading is an error for Canestagione. Her
Albany house-lot was not involved in the case.
396 Province of New York
c- A- unto doe remaine as they are untill I shall come up my selfe
(in/SL) or send some persons to giue ord^ therein as ye. nature of y*.
Cause shall require, Given undr my hand at ffort James in
Jtu»8 New Yorke this 8^ Day of June 1670.
[Francis Lovelace.]
°- E- A Confirmation of an Island unto Jan Clute,
(HYSL) wch hee bought of Helletije Cornelisse.
Whereas Helletije Cornelissen hath sold & transported
unto Jan Clute all her Right, Title & Interest to a certaine
Island in the Maques River near Canestagia called the
Great Inland, together with the Patent shee obtained for it of
my Predecessol Cott: Richard Ni colls, I doe by these Presents
Ratify & Confirme the same unto the said Jan Clute his
Heyres & Assignes forever: Together wth the six Morgan of
Land Ordered by my Approbation unto the said Jan Clute
out of Maritien Damens Land; for the which shee is to have
the Consideration agreed upon, as more particularly [sic],
as more particularly is sett forth in the Prothocoll or Records
of the Commissaries at Albany. And whereas ye said Jan
Clute & Herman Vedder hath likewise made Purchase from
the Indyan Proprieto™ of a certaine small Island in the
same River, having to the East the great Island afore-
mentioned, (a Kill running between them) on the Southside
the Main Land, on the West & North the River, wth which
it is surrounded. And the said Jan Clute having by Agreem?
procured y° Interest of Herman Vedder, soe that it wholly
appertaines to him; By Vertue of the Commission & Author-
ity unto mee given by his Royall Highnesse, I doe also
Ratify & Confirme y6 said Island & Premisses to the said
Jan Clute his Heyres & Assignes forever. Given under
[z5iij Collateral and Illustrative Documents 397
my hand & Scale at ffort Albany this 2d- day of August G;a|-
in y* 23^ yeare of his Ma1'.** Reigne, Annoq' Domini (HYSL)
,671
ffran: Louelace. Aug. a
No. XXIII.
NEW YORK CITY — PENALTY FOR STEALING
CANOES AND BOATS.
An Ordr concerning y*. Stealing of c. A.
Canoes. (HYSL)
Whereas Divers persons do prsume to take or Steale away
Canoes as they are fastned by y" water syde, & many tymes
to cutt painters & other Cordage belonging to boats or
Vessells in y" harbour, Contrary to y^ Ord™ heretofore
made by y' Mayo' & Aldermen of this Citty of w0!1 many
Comp"." haue beene made unto me & Redresse desired
therein, I haue by & \vth. y*. advice of my Councell thought
fitt to publish & declare, That what $son or ^sons
Soever shall henceforth steale or take away any Canoe or
boate fastened by y^ water syde or at Anchor in y°- River or
shall Cutt any Painter or Cordage belonging to any boat or
Vessells in this harbour or elsewhere wthin y^ Governra'
The ^son or Bisons so offending shall be lyableto a Severe
fyne Inprisonem* wthout bayle or Main prise or Corporall
punishm' according to y' Demeritts of y* fact. Given
undr my hand at ffbrt James in New Yorke this $** day
Province of New York [XHV]
c. A. Of No vein br in y? 22*!1 yearc of his Ma1'?8 Raigne Annocp
<H'YSL) Dm 1670.
[Francis Lovelace.]
*° 5 To y*. Mayo' & Aldermen of this
Citty to cause this Ord? forthw*!1 to
be publisht at y* Statehouse.
No. XXIV.
WHOREKILL, DELAWARE — ABOLITION OF THE
CUSTOMS.
C. A. An Ord? for Capt1? Martyn Cregier to receiue y"
(HYSt) custome for all European goods imported at y*
Hoare Kill (vizt) 10. p Cent.
1669/70 Whereas I am giuen to understand that all European
goods imported at y* Hore kill in Delaware bay did here-
tofore pay custome at y* Rate of 10. p Cent & all furres
or Peltry Exported from thence ye same Rate, w?h turned
to some advantage towards ye support of y* Governm*, Upon
mature advice & consideration had hereof I haue thought
fitt to renewe y* former Custome, & do therefore hereby
ord' & appoint Capt" Martyn Cregier who is a person well
verst in y* Trade of those partes & very well knowne to ye
people there both Christians & Indians to be receiuer &
collector of y" customes at ye Hore kill, where by himselfe
or his deputy he is to receiue 10. p Cent of all European
goods imported there wheth? comeing from this place
Newcastle in Delaware or any other parte, & Tenne per
Cent also for all furres or Peltry Exported from thence
Uxlv] Collateral and Illustrative Documents 399
according to former custome & usage on that behalfe, & all c- A-
persons whatsoeuer trading thither or from thence to any (HTSL)
other place are to take notice hereof & to obey this my Com-
mission undr y* penalty of confiscation of their goods if M*r. is
they shall presume to doe otherwise The said Capt^ Cregier
standing obliedged to be answerable here for all such custome
as shall be receiued by himselfe or Deputy there, of wfh he
is to render unto me a due & Exact Account, Given undr
my hand this if'11 day of March in y* 22th yeare of his Ma*1"
Raigne AnnoqJ Domini 1669. [Francis Lovelace.]
An Abolition of a Late Ord' for C. A.
_ . faia
y? Customes at y? Whore kill. (HYSL)
Whereas I Received a Petition from y*. Inhabitants at y*.
Oct. 22
Whore kill in De la ware Bay wherein is represented unto
me y? great Inconvenience of y^ late Imposition of 10. ^
Cent upon all furres & peltry Exported from thence, The
vrc.h hath no way redounded to a publique good as was
proposed, but on y* Contrarye in Some short tyme might be
y" Occasion of y" losse of Trade there, Upon due & mature
consideration had hereupon by & w'!1 y? Advice of my
Councell & in compliance to y* Petition and request of y?
Inhabitants as well as for an Encouragemt unto them I
have thought fitt to remitt & abolish y" late ordr for Customes
there, Giving and graunting unto them y" Same priviledges
& libertye they had formerly, provided it doth not extend to
y° abuse of selling too great quantityes of Liquors to y?
Indians, nor any way to prjudice their neighbo™ of New
Castle upon w°.h place they are to haue their dependance.
Given und' my hand & sealed w4?1 y? Scale of y' Province
this 22'!1 day of Octob' in y4: 22^ yeare of his Ma"?s Raigne
Annoq) Domini 1670. [Francis Lovelace.]
4oo Province of New York [Sv]
No. XXV.
NESAQUAKE LANDS CONTROVERSY — RICHARD
SMITH vs THE TOWN OF HUNTINGTON,
LONG ISLAND.1
Entred for Mr Smith of Nesaquake, this
(Sec. State) Indyan Deed, the 2d day of March 1666.
1650 Articles of Agreem*, betweene Naseconseke, Sachem of
and Nesaquanke of the one part, and Edmond Wood, Jonas
Mafis Wood, Jeremy Wood, Timothy Wood, and Dan" White-
Recorded head, of the other, and Stephen Hudson.
1666/7 This Writing wittnesseth That I Nasseconsack, Sachem
of Long Island, do sell and make over to the aforesaid
'The controversy between Richard Smith, founder of Smithtown, L. I.,
and the town of Huntington about jurisdiction over the Nesaquake lands is
very intricate. Accordingly, a large body of records is presented in this
group, including the proceedings in the Court of Assizes. On March 27,
1666, Matthias Nicolls wrote a letter to the Constable and Overseers of Seatal-
cott (Brookhaven), on the order of Governor Nicolls, and in behalf of Smith,
stating that the governor had confirmed the agreement between Connecticut
and Smith as to the Nesaquake lands and for which Governor Nicolls had
granted Smith a patent " with the Priviledge that it shall bee free from all
Rates and Taxes, from the first Settlement, untill a certaine Terme of yeari-s
shall bee expir'd as in the Patent is exprest," and qualifying the same as
meaning " from ye Time of his [Governor Nicolls's] arrivall here [New York],
untill such a Time, the Land shall bee free." — Orders, Warrants, Letters,
vol. 2, p. 34. A few days later, on April 3, Matthias Nicolls informed Smith
that it was the governor's pleasure " the Time of yor Lands at Nesaquank,
being free from Rates, shall begin onely from the day of the date of your
Patent, And what you have beene Assessed before for those Lands, is to bee
paid to the Officers Empowred by the Law to receive it." — Ibid, p. 40. In
an agreement entered into between the town of Seatalcott and Smith, on
April 15, 1666, it was provided that " nothing in the said Patent exprest,
shall hinder ye said Richd Smith from Trying his Title at Law, to any Land
that now is, or hereafter may bee in question betweene him and the Towne
of Seatalcott, or any others." — Ibid, p. 42.
[x"xv] Collateral and Illustrative Documents 401
s, Edmund Wood, Jonas Wood, Jeremy wood, Timothy
wood, Stephen Hudson and Daniell Whitehead, a certaine (Sec. state)
quantity of Land, beging at a River called, and cofnonly
knowne by the name of Nesaquanke River, And from that Sept. 29
River, Eastward to a River called Memenusack, lying on y* X663
North side of Long, and on the South side from Conecti- **** a8
cott, foure Necks westward, promising, and by vertue of Ref£5/ed
this Writing do promise, that the aforesaid iptyes, shall Mar. a
quietly Possesse and Enjoy, the said quantityes of Land,
wthout any trouble or disturbance, from any other Indyans
whatsoever, In consideracon of which Land, wee the afore-
said ^ties do promise to Pay unto the aforesaid Naseconsake,
Six Coates, Six ffathom of Wampome, Six Howes, Six
Hatchets, Six Knives, Six Kettles, one hundred Muxes, to
bee paid, on or before the 29th of September 1650; In witt-
nesse whereof, wee have sett to Our hands
Nasconseck X his Marke.
Wegatus X his Marke.
The Sachems Jetes X Marke
for Gacus
The Sachem for Ooninecus X
Matacis X his Marke.
This is a true Copy of y* Originall,
perused by us
Jonas Wood,
Tho:Weekes« X his Marke.
I Jonas Wood, do hereby Testify, That I, and Jeremy
wood, and Daniell Whitehead, went to view the foure Necks
of Meadow, lying westward from Conecticott River, mentiond
in the Bill of Nessaquanks Purchase, and there lived an
old Homes and his Sonne, whose name was Wanequaheag,
•Thomas Wilkes.
[26]
402 Province of New York [Sv]
Deeds wno owned those Necks, and wee told them that Nasconsak,
(Sec. state) had undertaken to sell us those foure Necks, and they seemed
Coflt' very willing.
Jonas Wood.
May 28<h
1663.
Deeds Articles of Agreem? betwixt Rasaocon, Sagamore
(Sec. State) TT • of Matinnicock, of ye one party, and Richard
Holbrooke, Robert Williams & Dan :Whitehead,
of the other party wittnesseth as followeth.
^rS32 Know all men, whom this prsent writing, may any way
- — — concerne, That I Rasaocon, do Sell and make over unto the
1667° aforesaid Partyes (vizt) Richd Holbrooke Robt Williams
and Dan Whitehead, their Heires, Execute™ or Assignes a
certaine quantity of Land, lying and being upon Long
Istd Bounded upon the west side, with a River comonly
called by the Indyans Naccaquatack, and on the North side
with the Sea, and going Eastward to a River called Oxeat-
contijck, and on the South side, to the utmost part of my
Bounds; Promising, and by vertue hereof, I do promise,
to free the afore said Land, from all Title or Claime that shall
bee made unto it, by reason of any former Act; In con-
sideracon of wch Land, the aforesaid Holbrooke, Robert
Williams and Daniell Whitehead doth promise to pay unto
the said Rasaocon, as followeth, six Coates, six Kettles,
six Hatchetts, six Howes, six shirts, Ten knives, six fathom
of wampome, thirty Muxes, thirty Needles: ffurther ye said
Rasaocon doth promise, to go or send some time in twenty
dayes, to shew and marke out the Bounds, And in case it
prove not according to expectacon, then this writing to bee
void, and of non effect, But in case it bee, then this writing
to stand in full force, power & vertue, wittnesse Or hands y*
2d of Aprill 1653.
Collateral and Illustrative Documents
403
The
Marke
X
of y* Sagamore.
Richd Holbrooke
Deed*
3* •} e •>
The
Marke
X
of Michama.
his
R Marke.
• 253
(Sec. State)
The
Marke
X
of Honokes.
Rofct Williams.
The
Marke
X
of Syhar,
Daniell
Whitehead.
i653
Apr. 2
The
Marke
X
of Poynoypa.
Recorded
The
Marke
X
of Navamarawas.
1667
NOT. a
The
Marke
X
of Mahenas,
The
Marke
X
of Onamycas
The
Marke
X
of Monytong.
The
Marke
X
of Poanepou
The
Marke
X
Peweton.
The
Marke
X
Nascovet.
The
Marke
X
of Suauspack.
The
Marke
X
of Nemapapam
. This is a
true Copy of y*
The
Marke
X
of Vampas.
Originall Deedes, wittnesse
The
Marke
X
of Nasceke.
our hands.
The
Marke
X
of Yapacaman.
Tho:
Richards.
The
Marke
X
of Seanomy.
Moses Johnson.
The
Marke
X
of Ancehepim.
The
Marke
X
of Wercocem.
The
Marke
X
of Winhampas.
The
Marke
X
of Asgeloves.
The
Marke
X
of Mamavam.
The
Marke
X
of Tiompom.
Deeds
Entred for the Towne of Huntington
this following Indyan Deed, the
15th day of October 1666.
This Indenture made in the yeare 1656, in or upon y* 1656
last day of July, betwixt Asharoken, Matinicock Sachem,
and the rest of the Indyans, owners wth him, on y* one part,
And Jonas Wood, William Rogers, Thomas Wilkes, for <**• '5
404 Province of New York
Deeds themselves, and ye rest of their Associates, on ye other part
(Sec. State) wittnesseth, That I Asharocken, have sold unto Jonas
Wood, WiBm Rogers, Thomas Wilkes, all the Meadow,
July 31 ffresh and Salt, lying and being upon the North side of Long
Recorded Island, from Our fformer Bounds, Cowharbour Brooke, to
Nesaquacke River, all y8 Meadow wthin these Bounds,
west and East, and to the North Sea, to as farr as Asha-
rockens Bounds, goeth Southwards, as the Neck called
Eatons Neck, Crabb Meadowes, and all the rest of the
Meadowes, wthin y* aforesaid Bounds, wth all the Herbage
that is, or shall bee hereafter, upon ye wood Lands wthin
the aforesaid Bounds, to bee the aforesaid Jonas'es, William
and Thomas'es, to them and their Associates, Heires and
Executors for ever, reserving to the Indyans, Liberty to
Plant and Hunt, wtbin their aforesaid Bounds, And y* for
and in consideracon of 2 Coates, 4 Shirts, II q*s of Liquo?
and 1 1 Ounces of Powder; In wittnesse whereof, wee have
sett to Our hands. Jonas Wood.
Asharocken X Marke. William Rogers
Ahamah X Marke Thomas Wilkes.
Syhar X Marke
Roger X Marke Mohenes X Marke
Poyneppa X Marke Mamarad X Marke.
Mamarowes X Marke Manateonge X Marke.
Recorded for the Towne of Huntington,
(Sec! state) these following Indyan Deeds, the 2d
day of November 1667.
Ju?56i 'rh'S ^n(^enture made in tne yeare 1656, in or about the
last day of July, betwixt Asharoken, Montinnicock Sachem,
anc* tne rest °f tne Indyans, owners with him, on the owne
Hov-a part, and Jonas wood, William Rogers, Thomas Wilkes;
[x£v] Collateral and Illustrative Documents 405
for themselves and the rest of their Associates, on the other Dfed*
part wittnesseth; That I Asharoken, have sold unto Jonas (Sec. sate)
wood, william Rogers, Thomas wilkes, all the Meadow,
ffresh and Salt, lying and being upon the North side of Long July 31
Island, from Our former Bounds, Cowharbor Brooke, to Recorded
Nesaquack River, all the Meadow within those Bounds, west
and East, and to the North Sea, to as farr as Asharokens
Bounds goeth Southwards, as the Neck, called Eatons Neck,
Crabb Meadowes and all the rest of the Meadowes wthin the
aforesaid Bounds, with all the Herbage that is or shall bee
hereafter, upon the wood Lands, within the aforesaid Bounds
to bee the aforesaid Jonas his, Wiltms and Thomas his, to
them and their Associates, heires and Ex^8 for ever; Reserv-
ing to the Indyans, Lifey to Plant and Hunt, wthin the aforesd
Bounds; And that for and in consideracon of two Coates,
foure Shirts, Seven quarts of Liquor, and Eleven ounces of
Powder; In wittnesse whereof, wee have sett to Our hands.
Asherokenes X Marke. Jonas wood
Mahamahs X Marke. W1? Rogers.
Syhars X Marke. Tho: Wilkes.
Rogers X Marke.
Poyneipa's X Marke. A true Copy of y* Deed.
Mamarows X Marke. wittnesse
Mahenes X Marke. The A marke of
Mamarod's X Marke. Ambrose Sutton.
Manateonges X Mke The Marke O of
Richd Bush. '
Deeds
;s
This Writing, Testifyeth an Agreem* and Bargaine made,
Huntington. ,Da:i53 ,
(Sec. State)
1657
betweene Jonas wood of Huntington on Long Island, on June x
the one party, and Mentaquet Sachem, the other party Recorded
1667
i Richard Brush. HOT. a
406 Province of New York
Deeds Wittnesseth, That the aboue said Jonas wood, hath for him-
3:353
(See. State) selfe and the rest of his Neighbo™ of Huntington, aforesaid,
Bought five Necks of Meadow, lying next adjoyning to
June i Messapeagus Sachems Land; And the abouesaid Jonas
Recorded Wood, doth hereby engage himselfe, for and on the behalfe
of his Neighbo™ to pay, or cause to bee paid, unto the abovesd
Sachem, of Meantauquett, twelve Coates, twenty Howes,
twenty Hatchetts, twenty knives, ten pound of Powder,
ten pounds of Lead, and one greate Kettle, and one Hatt
prsent in hand ; And doth further promise, to give to y* said
Sachem, every yeare a Coate, for six yeares, next ensuing
the date hereof; And the above said Sachem Wyandance,
for and in consideracon of these above said goods, doth give
full right and propriety, to the aforesaid Jonas and his Neigh-
bo™, and their heires for ever, to all the said five Necks of
Meadow, and will free them from all Claimes& Titles, that any
other may lay thereto; In wittnesse whereof, both ^tyes inter-
changeably, put to their hands, this first day of June 1657.
In y" prsence of Wyandance X his Marke
Lyon Gandenay.1 Sachem of Maentaquit.
Thomas Talmage
Benjamine Price.
In presence of This may wittnesse to all, That
John Stickling. Kecoseacock the Sachem of
Sam* fferman. Secoutoke, have resigned up
as wittnesse all that right or Interest, hee
The Marke A of might any wayes lay unto the
Ambrose Sutton Necks of Meadow, expressed
The O Marke of above in this writing, and do
Rich1? Brush confirme the Bargaine and
Sale of y* Mantaukett Sa-
chem, as wittnesse my mark
Kecossechock X his Marke
• Lyon Gardener.
Collateral and Illustrative Documents 407
August the if.h 1658.
Deeds
a: as
Huntington. (Sec. Sute)
Be it knowne unto all men, by this writing, That I Wayan- ^
dance Sachem of Paumanake, or by y* English called Long A^g. 17
Island, Do by these acknowledge to have sold unto Henry Recorded
Whitnee of Huntington, for the use of the whole Towne
of Huntington, I say I have sold to him for them, three whole
Necks of Meadow Land, lying on the Southward side of
their Towne, and westerly from the six Necks, which wee
Bought before these three Necks of Mashapeake Land, I
say I for myselfe & my heires, for ever, have sold as above
mentioned, and have sent my Agent Checonoto, to deliver
it upon condicons as followeth, first they shall pay, or cause
to bee paid to mee, or my Assignes, these following goods
punctually, That is first twelve Coates, each Coate being two
yards of Trucking Cloath, twenty pounds of Powder, twenty
Dutch Hatchetts, twenty Dutch Howes, twenty Dutch
Knives, ten shirts, two hundred of Muxes, foure paire of
hansome Stockings, one good Dutch Hatt, and a great faire
Looking Glasse; And for Chicanoe for his Wages and going
to marke out the Land, shall have for himselfe, one Coate,
foure pound of Powder, six pound of Lead, one Dutch
Hatchett, as also Sixteen Shillings in Wampome they must
send by Chicanoe, wch being punctually paid, then shall I
deliver this Deed, which shall bee for the free & quiet
possession, of them & their heires forever; And in the meane
time, it shall remaine in the hands of Lyon Gandon.1 In
wittnesse whereof, wee have here unto sett our hands, the
day above written.
Richd Brush O his Marke.
Wittnesse,
Marke
The A of Ambrose Sutton.
1 Lyon Gardener.
408 Province of New York [Sv]
Deeds March 6*h This following Assignm' was Recorded for
(Sec! State) 1 666. Mr Richard Smith of Nesaquacke.
Know all Men, by these prsents, That I John Ogden,
SenioT, of Northampton, do Assigne, Alien and sett over,
1666/7 unto Mr Thomas Matthew of Huntington, his Heirs, Execu-
Mar' 6 to" Admto^ and Assignes, one Eighth Part of the Purchase
of Nesaquake, being my Right in the said Purchase; In
witnesse where unto, I have sett my hand the 2d March,
Anno, 1658.
John Ogden.
Wittnesse
Samuell Clarke.
Jonas Wood.
This Deed was Entred for Mr Richd Smith
(Sec. State) of Nesaquack, y* 3*? Octofer 1665.
Easthampton July I4*h 1659.
Tuf59 ^^ ** knowne unto aM men» both English and Indyans,
1660 espesially the Inhabitants of Long Island, That I Wyan-
APr- 6 dance, Sachem of Pamanack, with my wife and Sonne
Tune Wyankanbone, my onely Sonne and heire, having deliber-
_ atly considered, how this Twenty foure yeares wee have
Recorded J .,.,//-,,- e
1665 been not onely acquainted with Lyon Gardiner, but trom
' ' 3 time to time have received much kindnesse of him, and from
him not onely by Councell and advice, in our prosperity,
but in Our great extreamity, when wee were almost Swallowed
up of our Enemyes, then wee say hee appeared to us, not
onely as a {friend, but as a (Father, in giving us of his money
and Goods, whereby wee defended ourselves, and ransomed
my Daughter and ffriends, And wee say and know, that by
his meanes, wee had great Comfort and reliefe, from the
Collateral and Illustrative Documents 409
most Honohle of the English Nation here about us, So that
i- r L • u j 2:118-119
seing wee yet live, and both of us being now old, and not (Sec. sute)
that wee at any time have given him any thing to gratify
his Love, care and Charge, wee having nothing left that is July 14
worth his acceptance, but a Small Tract of Land, w°h wee
desire him to accept of for himselfe, his heires, Execute™, l6^
and Assignes for ever; Now that it may bee knowne how,
and where this Land lyeth on Long Island, Wee say it lyeth Recorded
betweene Huntington and Seataucut, the westerne Bounds Oct. 3
being Cowharbour, Easterly Acataamunk; and Southerly
Crosse y" Island to the end of y* great hollow or valley or
more then halfe through the Island, Southerly, and that this
is our ffree Act and Deed, doth appeare by Our hand Markes
under written, Signed, Sealed and delivered in the prsence of
Richard Smith Wyandance X his Marke
Thomas Chatfield. Wyankanbone X his Marke
Thomas Talmage. The Sachems wife X her Marke.
Moreover I wyankanbone wth my Mother do acknowledge
to have sold to lyon Gardner above named, the next jacent
Tract of Land Easterly, That is to say Nesequake River,
and all the Land both Neck and Creekes, there unto belong-
ing, and to rune paralel through the Island wth the other,
and have reed so much for it, as wee demanded, to our full
content, so that, that land from Cowharbor to Nesequake
River wth the same River, belongeth to Lyon Gardner, his
heires Executo™, and Assignes for ever, this done by us this
6th of Aprill 1660, Wittnesse Our hands Markes & Scales,
in y" pnts of these, Wee say not onely the Land but all y*
doth, or shall naturally grow thereon.
Thomas Talmage Wyankanbone X his Marke
Thomas Chatfield. The Marke of X his Mother
Achemano X his Marke
a wittnesse
410 Province of New York
Deeds M3 This right of Lyon Gardiner, was Assign'd over by his
(Se" state) Son Dav: Gardiner, to Richd Smith of Nesaquanke, at
Cont- South Hold, on the [blank] day of June 1665.
Wittnesse Matth. Nicolls.
Deeds Entred for Mr Richard Smith of Nessaquake,
(Sec! state) this following Testimony the a8th of
September 1666.
1663 Whereas the Indyans deny ye Sale of the South Meadowes,
etc. mentioned in the Bill of ye Purchase of Nesaquack; These
Recorded are to wittnesse, That I Jeremy wood was p'sent by the
Company, and Asaconsake sent an Indyan wth mee to him,
that was said to bee the owner of that Meadow, So hee came
downe wth us to Nesaquake, and there hee Agreed to referr
the Sale of those Necks of Meadow, to the Sagamore of
Nesaquake, called Asaconsake, and so did all the rest of
the Indyans; So wee Agreed wth Asaconsake for all their
Land at Nesaquake, and those Necks of Meadow, and paid
them for all, according to our Agreem1, as is mentioned
in Our Bill of Purchase, June 6'.h 1663.
Jeremy Wood X his Marke.
Taken before mee, John Hicks
To the Truth of this above written, I can, and will Testify
if called there unto, wittnesse my hand
Daniell Whitehead.
Mashpath Kills the 13th
of August 1663.
Taken before mee upon Oath
Richd Betts R his Marke.
[xxv] Collateral and Illustrative Documents 41 1
'
An Order of the Gen"!1 Cour[t] of Hartford,
concerning Richard Smith of Nesaquanke (Sec.' state)
on Long Island, Entred 3d Mar. 1665.
These may Certify whom it may concerne, That the Com- [1664]
mittee Chosen by the Gena" Court of Hertford, to Issue ljunc-'
Matters on Long Island, It was then Ordered by the said ^I/^1
Commission", That Richard Smith shall part with some of Mar- 3
his Land to Seatalcott, And also to place Twenty ffamilyes
in Smithfeild, the which Richard Smith Agreed unto upon
this Condition, That John Scotts Land, on the west side of
Nesaquanke River, shall helpe to accommodate the said
20 ffamilyes, which the said Commission™ did Engage
for Twenty five Pounds to bee paid by Richard Smith,
onwards of John Scotts ffine, the which Land, Richard
Smith had formerly Sold to John Scott for Twenty five pounds.
No date, Tho: Topping.
But said to be in June 1664. John Howell.
Richard Woodhull
John Young.
An Indyan Deed of a Parcell of Land to v* De«dg
westward of Nesaquanke, Entred y* 22d Mar. (Sec! State)
i66|
Mr Smiths Purchase.
Whereas Richard Smith of Smithfeild, hath bought all £*4
the Land betweene Huntingdon Harbour, and Nesaquanke —
River, of Lyon Gardiner, as may appeare by a Deed bearing 1665/6
date 63, Nasetteconsett, Sagamore of Nesaquank Complained ***' "
to Commissioners of Hertford; at a Court held at Seatalcott,
in 64, That Richard Smith had taken away his Land, And
412 Province of New York
Deeds <J|d then owne, that hee had given Catawamuck, to Wyan-
(Sec! state) duance, for the said Lyon Gardiners use, which was by Mr
Odiell and others, Bounded, as may by marked Trees
May 4 appeare; But Nassetsconsett said, That the Land betweene
Recorded those marked Trees and Nesaquank River, was his, The
lUr aa Court advised mee to Buy the Land of him, in case hee had
not sold it before, where upon, I Rich*1 Smith, went to speake
with ye Sanck squaw, Shee did before many of East-Hampton
owne that Nesaquanke, Sagamore, did give Catawamuck to
her ffather, Long ago, and that hee Nasseteconsett, did give
the other part unto Nesaquank River, to her Brother Wagon-
combone; But finding nothing under his hand to Shew, and
Shee owning him to bee the true Proprietor at first, I thought
good to Buy the said Land of Nessateconsett, and have
Agreed with him for one Gunn, one Kettle, tenn Coates,
one Blankett, three hands of Powder, and three handfulls
of Lead; These are to Certify, that I Nessetesconsett, Saga-
more of Nesaquank, have for mee and my heires, Sold all
my Land on the west side of Nesaquank River, with all the
Benefitts and Priviledges of Land and water, unto Richard
Smith of Smithfield, and his Heires or Assignes for ever,
and have reed Pay for the same, to my Content; whereas
Catanumps, doth lay Clayme to halfe the aforesaid Land;
It is Agreed, That hee is to have two Coates more, and so
doth joyne wth Nassetsconsett in the Sale, And do both
Agree for us and Our Heires, to Maintaine the right of
Richard Smith and his Heires, for ever, in all the Land
aforesaid, reserving the Liberty of Matts, Canooes, and
Eagles and Deare Skinns, Catcht in the water, by Canooes,
is meant Indyan Built, that is to say, rack, this to my selfe
and heires, Wittness Our hands, & Scales May 4th 1665
The Marke of Nesatesconsett X
Catanumps his Marke, X
Collateral and Illustrative Documents 413
Wittnesse
Richard Woodhall. <&£ State)
Daniell Lane. j66^
Marke May 4
Quarter X Sachem Recorded
h's l66s/6
Tawaringo X his Marke.
Memoranct. That y* Land afore mentioned was Bought
and part of the Pay delivered neare a yeare before the Sign-
ing hereof.
Huntington. Deedt
2 * 2^4
The Affirmacon of John Ketcham, Thomas Brush and (Sec.* state)
Thomas Powell, being sent by the Inhabit'5 of Huntington,
wth an Indyan called Chikeno, to the South Meadowes, [Oct. 7]
according to the Order of the Generall Assembly at Hemp- Recorded
steed; When wee came to the South to Our Meadowes, wee
went over two Necks, to our Neighbo", who had called
Messapeage Indyans, about the Number of twenty, who
opposed us about the space of an hour, and would not suffer
the Indyan, to go and Shew us the marked Tree; Then wee
Shewed the Sachem the writing, to which hee had sett his
hand, which was our acquittance, and yet hee would not
Suffer the Indyan to go; when wee see nothing would pre-
vaile, wee tooke our leave of them, and said, wee should
carry back this Answer, to them that sent us; But they not
willing that wee should, tooke up the matter, as wee did
apprehend, Spake to the Indyans, who after gave leave to
the Indyan who was Chickino, to go and Shew us the Tree,
many of Massapeague Indyans, went with us, Thomas
Brush went before, and not taking notice of the Tree, went
past it, then a Massapeague Indyan, called him back, and
Shewed him the Tree, before Chickino came neare it, when
414 Province of New York [5v]
Deeds Chickino came to the Tree, hee said that was the Tree hee
< Sec. state) marked, as his Master Commanded him; Messapeage
Sachem said by his interpreto'; that hee told Montauket
LOct. 7] Sachem, that hee was grieved at his heart, that hee had
Recorded sold that Neck, upon which then wee was, but Montauket
MOT 2 Sachem told him, that it was sold, and it could not bee
hope, and therefore bid him go and receive his Pay, and so
hee said hee did, And also Massapeague Sachem, owned
his hand, and that hee had recd the Goods.
7^h October 1665.
Deeds Huntington.
(Sec! state) The day and yeare abovesaid, Wee under Subscribed being
in Huntington, where Chickino came and Justifyed the
Oct. 7 matter following, in relacon to ye Reference or Order made
Recorded at Hempsteeds Gen?11 Meeting, touching three Necks of
^667 Meadow, which Huntington had formerly Purchased of Mun-
talcott Sachem, and the inferior true Proprietor, as also in
respontion to Oyster Bay Inhabitants, who lay a Clayme to
part of the said three Necks, saying they are foure Necks,
and one whereof belongs to them. The said Chickino, now
did plainly and clearly demonstrate before us, That the
Tree hee first mark't, by his Master, Muntaulcott Sachems
Order, and hath a Second time viewed according to Order,
is no other but that which ought justly to bee owned by him,
and so Marked as aforesaid, and comprehends onely Hunting-
tons just Purchase of three Necks of Meadow, and in truth,
is three Necks of Meadow, and not foure, according to the
p'sent relation of Chickino.
This is a true Copy of the affirmacon
of Chickino, before Cap* Topping
and Mr Wells.
Collateral and Illustrative Documents 415
An Order for the Indians to appeare at next °- w- L-
3:311
Sessions to testify their knowleft int Rich: (HYSL)
Smith & y* Inhitants of Huntington.
Whereas Richard Smith of Nesaquake hath obtained my nl668
speciall warrant to try his title at Lawe w*!1 the Inhabitants
of the Towne of Huntington concerning a certaine parcell
of Land on the West side of Nesaquake Ryver; the wc.h he
alleadges he cannot well do without the testimony of some
Indians to be taken at the tryall, These are to require all
such Indians as shall be timely sufnoned by the said Richard
Smith & are in a Condition to trauell that they make their
personall appearance at the next Court of Sessions then &
there to testify the truth of their knowledg in the matter or
cause in difference betweene the said Richard Smith & the
Inhabitants of the Towne of Huntington He the said Richard
Smith giving them reasonable satisfaction for their trauell &
paines in goeing to the Court & retorning home againe
Giuen under my hand at Fort James in New Yorke this
io'.h day of December 1668. [Francis Lovelace.]
An Ord' for the Sumoning in persons at the O. W. L.
next Cort of Sessions in the East Riding of (HYSL)
Yorkshire to make proof of a title of Land
for the Inhitants of Huntington.
Whereas Richard Smith of Nesaquake hath made suite X668
unto me that he may haue a tryall at Law w11? the Inhabit- Dec* 10
ants of yo' Towne concerning the title to a certaine parcell
of Land lying to the west of Nesaquake Ryuer w0!1 both
yo? & he lay Clayme unto, It being alleadged by him that
the Controuersy betweene you hauing not hitherto beene
decided he hath beene hindred from selling the familyes
416 Province of New York [xxv]
0. W. L. ypon his Plantation w6!1 he is oblieged unto, These are
(BTS?SL) therefore to require you in his Mau.es name to cause some
person or persons to appeare at the next Court of Sessions
Dec. 10 to be held in the East Riding of Yorkshire vpon Long Island,
then & there to make answer to the Complaint of the said
Richard Smith & make proof of yoT. title to the Land in
question Hereof yo"? are not to fayle Giuen und? my
hand & Scale at Fort James in New York this io4.h day of
December in the 2o'.h yeare of his Mat!?s Raigne AnnoqJ
Domini 1668. [Francis Lovelace.]
To the Constable & Ouerseers
of the Towne of Huntington.
°- w- J- A Lre from y6 Governor to y*
2 * 3^**
(1CYSL) Inhabitants of Huntingto
1668/9 Loving ffreinds
Feb. 10 I understand by M' Isaack Platt who yo" sent to me y*
yoV are troubled at Mr Smiths sumoning of yoV to trye yo?
tide at Law to a certaine peice of land wthin yor lymitts,
thinking y? because yo^ lymitts are ascertained by Patent as
no man may clayme any propriety wthin them wc.h to mee
seemes strange for y6 extending your bounds furth? then
before doth not giue yo1.' a greater propriety to ye land then
what yoV had neitfc doth it take away anothers right, though
wthin them In fine I thinke M1. Smith cannot be denyed a
tryall at Law, wc.h will be y" best touchstone to proue who
hath ye right, & if matters succeed not at y8 Sessions accord-
ing to yo^ desire or expectacon y6 Law directs yoV to y*
Assizes where I shall sitt myselfe w*!1 ye Justices of ye Gou-
ernm^ & be ready to do what shall be according to Law &
good Conscience wc.h is all at prsent from
Yo? Very Loving freind
ffeb? io"! 1668. Fran Louelace.
Collateral and Illustrative Documents 417
A Licence to M' Richard Smith to °- w- L-
2 : 396
examine Indyan Testimonies by (HYSL)
Com" in y* Countrey.
Apr. 20
Whereas Richard Smith of Nesaquake hath appeal'd
from ye Verdict and Judgm* of y8 Last Court of Sessions
held at Southhold, relating to a Suite depending betweene
him, and y6 Inhabitants of ye Towne of Huntington to y*
next gen1! Court of Assizes and y6 said Richard Smith
alleaging, that some of y6 Indyans residing neare oysterbay
or thereabout, who can give their testimony to seth forth
y[e] truth of y6 matter in difference will scarcely bee induced
to appeare at the Assizes, as also to prevent that encrease
of charge, These are to authorize and appojnt You Robert
Williams and John Cole of Oysterbay, hauing knowledge in
their Indyan Lengauge, to bee Comission to take the Testi-
mony, which shall bee given unto you by any such Indyans,
of which you making a returne in writting attested under
yor hand, itt shall bee admitted into evidence as if they
should here make their appearance. Given under my hand
at Fort James in New Yorke this zoth day of Aprill 1669.
[Francis Lovelace.]
A speciall warr* for a hearing at the Assizes O. W. L.
Rich1? Smith p'.' Huntington defs (H^SL) •
Whereas Richard Smith of Nesaquake in the East Riding 1669
of Yorke-Shire upon Long Isl"? hath preferr'd a petition unto
mee for an appeale from y* Verdict of y° Jurey and Judgm'
of y6 Bench at y[e] Last Court of Sessions held art South-
hold about a certaine matter in difference betweene him
1 This warrant is also entered in Court of Assizes, vol. 2, p. 203, with imma-
terial variations.
[27]
4i 8 Province of New York
O. W. L. and ye Towne of Huntington as to a tittle of Land, That y8
2 ; 7Q7
(HYSL) Cause may bee heard in Equity before mee at y6 Gen" Court
of Assizes for the prosecution whereof hee hath given Security
Apr. 20 as in y* Law is required, as also for paym' of all charges
and damages if hee shall bee cast in Suite. These are in
his Maties name to require you, or some of you on the behalfe
of the rest of ye Inhabitants of yor Towne, that you appeare
att y6 next Gen" Court of Assizes to bee held in New Yorke,
beginning on y6 first Wednesday in Novembr being ye 6th
day of ye said month, then and there to make answer to y8
bill of Complaint in Equity of ye said Richard Smith, as to
y6 tittle of ye Land in difference betweene you as aforesaid.
In y6 meane tyme all former proceeding hereupon to bee
suspended, and no way to bee put in execution. And hereof
you are not to fayle at yor perill. Given under my hand
and Scale att Fort James in New Yorke this 2oth day of
Aprill in y6 2ith yeare of his Maties Raigne Annoq3 Domini
1669
[Francis Lovelace.]
To the Constable and
Overseers of Huntington
who are to make returne
of their execution of this
Speciall warrant att ye
Assizes.
De«ds Another Deposicon of M? Whitneys
4:65 . ™ ,.
(Sec. State) & 1 homas benedict.
May94 The Testimony of Henry Whitney & Thomas Benedict
— - both of Norwalk in the Jurisdiction of Conecticott, aged
e6
about fifty yeares saith, That they being formerly Inhabit
Sept. 19 Of Huntington doe know that all the Meadows betwixt Cow-
Harbor & Nesaquake River wth the Herbage of the Vplands,
Collateral and Illustrative Documents 419
was bought of Rashaokan Sagamore of Matinicock, & paid
for in their time; And further saith yl Wyandance occasion- (Sec. state)
ally coming up to Huntington then Sagamore of Mantaukett
was displeased wth Rashaokan for selling of that Land May 4
wthout his Consent, but the said Rashaokan humbling (Recorded)
himselfe before Wyandance did according to our Vnder-
standing forgive him for that fault; And confirmed the
Purchase of Huntington Men, only charging y* aforesaid
Rashaokan, that hee should doe soe noe more. And further
saith not.
These Testimonyes were taken before mee upon Oath;
Norwalke May y* 4^h 1669.
Richd Olmstead Commission'
[Lovelace to the Constable and Overseers of Hunrineton.l O. W. L.
3:477
Gentlemen
I haue perused yor peticon consisting of three heads:
In answer whereunto I doe, I doe thus farre comply with
yor desires. At first that you may haue a Tryall at Comon
Law before it come to a Court of Chancery. Although
I suppose the Cause hath beene so tryed already at Southton,
yet I am willing it should by [sic] tryed at the Assizes by a
Jury. Next that you may haue like liberty to Examine
Indyans by a knowne Interpret1" as Richard Smith hath
I doe consent to it and doe herewith send you an order for
it. And lastly where you desire to bee informed, whether
it bee necessary that yor wittnesses should bee personally
pres*, some being allready deposed in Cort. As to those
allready deposed, these deposicons will excuse their attend-
ance however it would bee requisite you should haue one
or two of yor most materiall witnesses pres1 for y* better
clearing yor tittle, I could haue wisht you had agreed the
420
Province of New York
[A'v]
O. W. L. matter amongst yorselues but since it will not bee, I cannot
(NYSL) deny any person the due Course of Law I am
Yor very Loving freind
[Francis Lovelace.]
1669
July 24
Fort James in New
Yorke this 24th
of July 1669
O. W. L.
2:478
(HYSL)
1669
July 24
Like Liberty graunted to y6 Inhitants of
Huntington as to Richard Smith.
Whereas The Inhabitants of the Towne of Huntington
haue requested that they may haue like liberty as hath beene
given to Richard Smith of Nesaquake for ye Examinacon
of Indyans Testimonyes by known Interpreters in relacon
of y6 Cleering of the truth concerning the Cause or matter
in difference betweene them and the said Richard Smith.
I doe hereby graunt their Request and any Examinacon in
this Case taken by one or more knowne Interpret1? and a
returne thereof made in writing under his hand or their,
shall bee admitted and taken in Evidence at y6 Tryall before
y8 Cort of Assizes Given under my hand at Fort James in
New Yorke this 24th day of July 1669.
[Francis Lovelace.]
C.A.
2: 200
(HYSL)
1669
October
drawne
Appeales Actions Presentments &c — entred
for hearing & Tryall at y? Genr!' Court of
Assizes to be held in New Yorke beginning
on y? first Wednesday of October 1669.
2.
Richard Smith p'M An appeale from
> y" Court of Sessions
Inhabitants of Huntingto. . . def ts j at Southolde.
Collateral and Illustrative Documents
421
Graunted at Easthampton and }
confirmed in New Yorke Aprill V
y? I9'.h 1669.' by speciall warrant )
C.A.
3:200
(KYSL)
1669
October
A warrant to y? Inhabitants of Huntington
to appeare at y? next Assizes
Whereas There is a matter or Cause in controversy be-
tweene Richard Smith of Nesaquake & y? Inhabitants of ye
Towne of Huntington upon Long Island concerning a cer-
taine peice or Tract of Land comonly called or knowne by
y? name of Nesaquake Acomsett unto wc.h each of them p'tend
a Right by purchase, Upon y? Petition & request of Richard
Smith, That y6 titles & Claymes on each parte may be
heard decided & determined at y? Genr!' Co1? of Assizes,
These are in his Mat!.es name to require yo" or some of yo"
on behalfe of yo? Towne, That you appeare at this next
Genr!' Court of Assizes to be held in this Citty, beginning
on y? first Wednesday in October, Then & there to make
answere to y? Complaint of y? said Richard Smith & stand
a Tryall as to y? Title of y? said Land in question In y?
meane tyme y? leavying of all charges relating to this matter
in difference not already collected is to be suspended untill
y' cause shall be decided, Hereof yo" are not to fayle at yo?
perills Given und^ my hand & sealed w'.h y? Scale of y*
Colony this 13'!* Day of June in y? 22"? yeare of his Ma*'."
Raigne AnnoqJ Domini 1670
[Francis Lovelace.]
To y? Constable & Overseers of
Huntington to be Comunicated
to y? rest of y? Inhabitants.
'The actual date, as shown by the warrant, was April 20, 1669.
. A.
1670
June 13
422
Province of New York
[XNXV]
c- A-
2:583
(ITYSL)
Aug7°8
A Declaration in ordr to clearing
, , . T
a doubt concerning y? Land in
dispute betweene Richard Smith
of Nesaquake & y? Inhabitants
of Huntington.
Whereas Richard Smith of Nesaquake hath obteyned my
speciall warrant for ye hearing & determyning at y? next
Court of Assizes a certaine mattf in difference betweene him
& y? Inhabitants of Huntington concerning a Title of Land
for y? wc.h there hath already past a Tryall at South hampton
Sessions from y? Judgm' of wc.h Court he y? said Richard
Smith did appeale, And there being an Objection made by
some of y? Inhitants of Huntington that they doe suppose
y* name of y? Tract of Land in y? Speciall warrant men coned
being Nesaquake Acomsett doth not comprehend all y? Land
in dispute betwixt them so may not end ye difference These
prsents Doe Certifye & declare that notwithstanding y? per-
ticuler name in y6 said warrant specifyed y? matt? in dif-
ference to be heard & determyned at y? Assizes is for y?
same Land for wc.h formerly a Tryall hath beene had & from
w0.11 an Appeale was graunted of this both P1^ & Def'.s are
to take notice and provide themselues accordingly. Given
undr my hand at ffort James in New Yorke this 18^ day of
August 1670. [Francis Lovelace.]
2:
1670
October
At ye Gefir5' Court of Assizes held in y6 City of New
\ r * i • •
Yorke beginning on y6 first Wednesday in October, being
^ 5'h day of the said Month> by his Mat!.es Authority in the
22th yeare of the Reigne of our Soveraigne Lord Charles
the 2? by the Grace of God of England Scotland, ffrance,
& Ireland King, Defender of the ffaith &c: & in ye yeare of
or Lord God 1670.*
Collateral and Illustrative Documents 423
Present c- A-
The Right Honb.'e y Governor a
Thomas Delavall Es<f. \
M' Cornelis Steenwijck Mayor L
Mr Matthias Nicolls Seer:
rMr Robert Coe, High SherrifFe,
Of ye North J & one of the Justices of y Peace.
Rideing. — 1 Mr John Hicks
I Mr Richard Cornhill
Justices of y
peace.
Of y West j Mf Cornelis Van Ru'jven
Rideing. ) Mr James Hubbard
I Mr Richard Betts
Afternoone.
Rich1? Smith - - P!"
The Inhabitants of
Huntington
nts of )
— )
The Def's desire to stand to y6 Verdict of the Jury at
Southton, & refuse to give in Answer to any thing, but to
ye Appeale from the Judgment of that Court./
Hereupon all y* Ord1? from y8 Governour relating to this
Cause were read.
The P?* haveing made Entry of 2 Actions against y^ Defts,
& consequently putting in two Declaracons, they were
ordered both to bee putt into one; Soe a Tryall by a Jury
to bee To Morrow Morning.*
The Jury being returned by the High Sheriffe, They
were EmpannelPd & Sworne.*
The DefV were order'd to give in their Answer to the P"s
Declaracon by Eight of y6 Clock this Evening.*
424 Province of New York
C. A. Octob:6. 1670. Before-Noone.f
Rich-? Smith - - P1*
of Huntington. )
Mr Rider &
October The Inhabitants n ft»
Att foryepn
Mr Sharp. j
Put in a large Declaracon, both of those presented before,
being put into one as was Ordered; although the Dispute
was for two severall Tracts of Land.
The Names of the Jurors.
Elyas Doughty — Foreman. Gersham Moore
Symon Seryon. William Noble
John ffoster James Pine
Thorn: Smith John Smyth
Robert Terry Samuel Smith
James Clements W? Jeacocks.
The Deed from y6 great Sachem Wyandance & Wyam-
combone his Sonn wth the Mother, to Lyon Gardner Dated
July y" 14'f1 1659. was produced and read.
As also another Conveyance from Wyamcombone & his
Mother in the same Deed, Dated Anno 1660.
Vpon ye same Deed David Gardn* doth likewise convey
his Interest to Richard Smyth the Pn in the yeare 1664.*
Another Deed of Conveyance was also brought in from
Lyon Gardner to ye P»! Dated Anno 1663. /
And withall a Deed from y6 Sachem Nassasconsett, &
Catanumps of the yeare 1665.*
Richard Wood-hill & Daniel Lane being Wittnesses to
the last Deed & sworne acknowledge their Hands.*
Collateral and Illustrative Documents 425
Severall Testimonyes were read to prove Nassasconsett c- *•
to bee y* Right Owner of that Land hee sold to y° P*.*. & that (HYSL)
y* said Rich1? Smyth was enjoyned by y6 Commission™ of
Hartford who were empowered by y" Governour of Con- October
necticott, under whose Governm' that part of Long Island
then held themselves to bee, that hee should purchase that
Land againe of the Indyans, although hee had bought it
before of Lyon Gardner, to prevent all Disputes about it.*
Severall Depositions read out of the Proceedings at the
Court of Sessions at Southampton.!
Mr James & Jeremiah Concklings Testimony upon their
Examinacon of the Indyans by the Governo1? Commission.*
Testimonyes given in attested by Robert Williams and
John Cole, who were appointed Commissioners by the
Governo' to examine Indyan Testimonyes in this Case.*
Another Indyan Testimony from Norwake attested by
Richard Omsteed [sic] Commission'/
John Coles Testimony given in upon Oath.f
Another Testimony taken before y6 Constable and Over-
seers of flushing.*
An Indyan Testimony taken by Mr Woodhill who swore
to it before Mr Wells.*
Another Indyan Testimony taken before Richard Olm-
steed Commission' at Norwake.*
An Indyan Testimony from an auncient Man sent by
his Sonn.*
An Indyan Testimony taken before M' Lane.*
A Deposicon of Obed Seward & another, taken before
M' Wells.*
The Testimony of Wenox y6 Indyan taken before Mr
Lane, & Mr Woodhull./
Another before M' Lane.
Henry Perrings Deposition taken before M' Lane.
426 Province of New York
c- A- An Indyan comonly called Mr Goodyer his Testimony
2 ; 239—251 J J
(HYSL) about the Defts tampering with the Indyans, taken before
Mr Lane./
lO/O
October Mr Woodhull & his Wives Testimony and Deposition about
the Def's tampering with the Indyans./
Tom y* Indyan that lives wth Mr Brewster, hee gives
Testimony to y6 same & somewhat farther.
An Indyan Testimony attested by Joseph Rayner & Rich-
ard Howell, Constable & Overseer of Southton./
Mre Sarah Brewst" Testimony about what shee had heard
Indian Tom say concerning this Busyness./
Severall other Testimonyes from Indyans were read, all
conteyned in one sheet of paper & taken before M? Lane./
A Testimony from Mr James of East-Hampton./
An Indyan Declaracon prsented by some Indyans touching
this Matter to y6 Governed by way of Petition; It was on ye
behalfeofyePt.t/
Governor Nicolls his Patent to ye P** was read in Court./
After that ye P*?s having noe more to say for the present,
The Def? were ordered to putt in their Plea & Defence in
the After-noone./
The Constables who have noe particular Busyness from
their Townes, are dismist from giving any farther Attend-
ance on the Court./
Afternoone.
Richard Smith-- P»*
The Inhabitants of ) ^ ft,
u . [• UeF.s
Huntington )
Mr Anthony Waters Attorney for the Def'.s brings in an
Answ? to y? P*s Declaracon which is read; The P'?s Attor-
neys object against it, that it was enlarged beyound the Copie
[xxv] Collateral and Illustrative Documents 427
given in to them by the Courts Order the last Night; How- c- *•
ever it was warranted by ye Court, & allowed of, soe they (ITYaL)
proceed to Tryall.* -
October
Mr Scudamore & ) . , r _ r^ /ts
>• Attorneys also for y6 Del . *
Mr Holden j
& Mr Wood ye Justice of the peace appeared likewise in
Defence of the Townes Cause.*
A Peticon was read from ye Inhabitants of the Towne of
Huntington to Governor Nicolls after they were over-
throwne at the Court of Assizes by Cap' Seely about Eatons
Neck, with the Governo1? Answer thereunto; promising
they should bee noe further molested about their Land.* '
Huntington Patent read. Dated Novem: ye 3Oth 1666.*
The P^8 Patent againe read. Dated Mar: y° 3"? 1665:
wherein y6 Conditions were taken Notice of.*
The Def* Indyan Deed read, Dated July y6 3 Ith 1656.
It was made to them by the Indyan Sachem Asharocan; It
hath noe Christian Wittness to it; and y" Marks are all
made with one Hand Writeing.*
A Deposition was produced & read of Henry Witney's
& Thomas Benedicts in one, taken before Richard Olm-
stead Comn.r; It is about the Great Sachem Wyandances
Confirmacon.*
Daniel Whiteheads Deposicon read, which saith, that y*
Indyan Sachem Nassasconsett had nothing to doe, nor had
any Land on the West side of Nesaquake River.*
Joseph Whittmoores Deposicon for the P*' taken at Southton
Court, (being urged by his Attorney) was read out of the
Copies of Records of that Court.*
There were two Witnesses brought into Court, who were
'The case of Robert Seely versus Richard Smith, referred to, was determined
in the court of assizes, October 31, 1667. — Court of Assizes, vol. 2, pp. 124-128.
428 Province of New York [xxv]
c- A- said to be Wittnesses to the Indyan Deed aforementioned
2(W?Sl.) * of ye Defts Dated in 1656. But it being shewn them, They
say they know not y6 Paper, and that it was not the Paper
October they had put their hands to.*
The Indyan saith his Name still is & was then Arumpas,
but noe such Name is in the Deed.*
The Pt* urging Mr Woodhulls Testimony taken at ye
Court at Southton, It was read out of a Copie of the Records
of that Court.*
Joseph Smith of Jamaica being sworne in Court saith,
That to the best of his Knowledge, hee being then an
Inhabitant of ye Towne of Huntington, was one that paid
part of the Purchase Money to the Indyans for the Land
in Dispute, and that what they bought was the Herbage
and Meadow, but ye Indyans reserved Liberty for Hunting,
& as hee thought it was from Huntington Towne that their
Purchase was to Nesaquake River, and that by vertue
of that very Purchase the said Towne did enjoy Crabb
Meadowes.*
Mr Banks of ye Colony of Connecticott being in this
Government, & sub-pcena'd to ye Court, appearing Declared,
That it is a Law in their Colony that noe private Per-
son shall purchase Land to ye prjudice of a Towne or
Plantation.*
Another Testimony in Writing was given in of Mr Bene-
dicts, who had wth Mr Whitney given in one before.*
David Gardiner's Testimony given in by him at ye Sessions
Court at Southampton was read out of the Copye of ye
Records of that Court, of wch by some of ye Bench much
Notice was taken, for that it was against ye P1-3 Interest,
who claimed by his ffather and him a great part of his
Interest.*
Jeremiah Woods Testimony being taken by Order of the
Court at his Lodging in this City by two Justices of the
Ixxv] Collateral and Illustrative Documents 429
peace, hee being sick there, & though sub-poena'd could c- A-
not appeare, It was deliver'd in Writeing attested by him as '(l^SL? *
followes. — Viz'/
1670
The Affidavit of Jeremiah Wood &c :i October
55 yeares or thereabouts,
sworne & Examined Deposeth as
followed!.*
That this Depon* being one of the Purchasers of the Land
in question (of the Nesaquake Sachem) the Agreem? was
made for all the Land, Meadow, & Vpland on y* East side
of Nesaquake River, betwixt Nesaquake River & the Easter-
most Bay; And they the said Purchasers thinking that they
had too little on the East side would have had some on the
West side; whereupon the said Nesaquake Sachem told
them that hee nor his Indyans had not any Right to any
Lands there on the West side, only a small Neck of Land,
conteyning about halfe a Mile from the said great River to
the little Brooke; This Deponent further saith that Mr
Smith coming to this Deponent to know the Bounds of the
Land in question, This Deponent told him, the Indyans
never owned any Land further then from the River to the
little Brook Westward; Whereupon Mr Smith said, hee
knew that well enough, that the Indyans neither did or
could own any Land further; And this Deponent further
saith, that Castannumps one of the Nesaquake Sachems
Men told this Deponent, that the said Nesaquakes Right
went noe further then the said little Brooke; And further
saith not.*
The Charge being given to y8 Jury by the Governor &
the extent & validity of the Patents both of P.u & Defts urged,
after much Discourse and many Allegations pro & contra
on both sides, It was recommended to them to bring in their
430
Province of New York [xxv]
c. A. Verdict, according to ye Evidence given in, and the Lawes
2 : 239-251
(NYSL) of the Government./
There were deliver'd to y6 ffore-man of the Jury a Bundle
October of Papers of the P?ts to the number of 31 ; Amongst wch the
Plts Patent, Declaracon, & Exceptions to ye Def.s Answ?,
besides other loose Papers./
More of the Defts their Patent, Answer, & severall other
Papers & Testimonyes./
Soe the Court was dismisst till To-Morrow Morning./
Octobr 7*.h Before-noone.f
Richd Smyth- -P«
The Inhabitants of ) T-V *ts
Huntington — - j
The Jury comeing to bring in their Verdict in this Action
were call'd over, & by their fforeman give it in for the Def's
with Costs of Suite, without other Circumstance leaving the
Damage to ye Consideracon of the Court.
Whereupon the Court gave Judgment as followes — Viz* —
The Court give Judgment according to the Verdict of
the Jury for the Def'.8 with this Condicon, That as the Pl.
Mr Smith had been obliged to settle ten ffamilyes, if hee had
made good his Title against the Def? ye Inhabitants of the
Towne of Huntington to y6 Land in Dispute, soe the Defts
shall within the space of three yeares after the Date hereof,
erect alike ten ffamilyes in Lieu of what ye P1* was to doe
upon the said Land, or else the Def*.s are to receive noe
Benefitt of the Verdict of the Jury given in here at this
time, nor of this Order and Judgment of Court, t
The P1.* is to pay all Costs & Charges of Suite, but noe
Damage in this Case.*
Collateral and Illustrative Documents 431
An Ord' concerning Richard Smith of Nesa-
quake & y? Inhabitants of Huntington.1 (HYSL)
Whereas Richard Smith of Nesaquake hath preferred a l67°
Petition unto me & my Councell desiring an Explination of
ye Judgm' of y? late Court of Assizes in y? matter in dif-
ference betweene him & y? Towne of Huntington, as to y?
Title of a Certaine peice of Land, Upon Consideration had
hereupon by my selfe & Councell, These are to Declare that
it was not y*. Intent of y? Court to giue away M^ Smiths right
in any parte of Nesaquake lands whereof he was possest,
& upon wc.h he was to settle y' first Ten familyes, but that
oth' ^Ste for w";h he was cast upon y? wc.h he was to put Ten
familyes more to make up y? former number Twenty; if he
had made good his Title thereto & carryed ye Cause, y°
wc.h y? Towne of Huntington having had y? Verdict of a
Jurye are by Judgm* of Court now ordered to doe in his
stead, & to y6 end that a right understanding may be had
hereupon there shall speedy inquiry be made what properly
is y* Extent of y* Land belonging both to y? One partye &
1 There is a variant of this text recorded in Court of Assizes, vol. 2, p. 637
which is presented here for comparison, viz. : —
" An Explanation of y6 Judgm* of y* Jury
betweene Richard Smith & y? Towne of
Huntington.
Whereas Richard Smith of Nesaquake hath prferred a Petition unto me &
my Councell desireing an Explanation of y1: Judgm* of y? late Court of Assizes
in y? matter in difference betweene him & y? Towne of Huntington as to
matter of Title to a certaine peice of Land, Upon consideration had hereupon
I haue thought fitt to declare that it was not y? intent of y? Court to give
away Mr Smiths right in any parte of Nesaquake Lands whereof he was
possesst, and was to settle y? first familyes thereupon, but that other parte
upon w<* he was to put Ten familyes more to make up y? former Twenty, if
he had made good his Title thereto & carryed ye Cause y? w0!1 y? Towne of
Huntington are now to do in his stead, And to y? end that no future Cavill
or difference may arise concerning y? Same there shall good & speedy inquiry
be made what properly is ye Land belonging both to y? one partye & y*
other, Given undr my hand this 3^ day of December 1670."
432 Province of New York [xxv]
C. A. y« Othe? according to y? true intent and meaning of y? Court,
(NYSL) so that their Lymitts be justly ascertained. Given und^ my
hand at ffort James in New Yorke this 3d Day of December
Dec. 3 1670. [Francis Lovelace.]
C. A. A Lre to y? Inhabitants of Hunrington
2° 633
YSL) Gendemen
Here haue beene w'.h y? Governo? Mf Isaack Plott & M*
. g\ Thomas Powell from yo^ Towne about yo? bill of Charges &
other matters relating to yoT- Suite w*.h Richard Smith, As
to y? latter it's much admired they came not to yoT. hands
before your neighbours came away, Two Severall Copies
haue beene sent, & amongst y? rest w*.h y? Last y? bill of
Charges as farre as y? Lawe directs, where no Damage is
given, wc.h indeed is Very little considering yoT farr greater
charge & trouble, But yo" may Expect some oth^ allowance
y? wc.h cannot at prsent be cerdfyed unto yo" but y? Gover-
nour and his Councell intend to take it into their furthr
consideration & send yo" their result by ye next oppertunitye,
I am
Yo^ Very Loving freind
M. Nicholls
C. A. An Ordr about Richd Smyth of Nesaquake,
(ir/SL) & ye Inbitants [sic] of Huntington.*
1671 Whereas since ye Tryall at ye last Court of Assizes between
Richard Smyth of Nesaquake & ye Inhabitants of Hunting-
ton I issued forth an Order beareing Date ye 3d day of Decem-
ber wherein was intimated that to putt a period to all further
Disputes & Controversyes upon that Occasion, a strict
Enquiry should be made of y* certaine Bounds & Lymitts
Collateral and Illustrative Documents 433
of y* Land pperly belonging both to y* one party & ye other, C. A.
soe that y* same might be ascertayned, as also how farr y* (BYSL)
Extent of Nesaquake Lands did reach as well on ye West
as ye East side of y" River on wch y* first Ten ffamilyes were June 3
to be settled, y* w°h y* said Richd Smyth was in quiet &
peaceable Possession of, when hee obtained his Patent from
y* late Governor my Predecessor; All w°h in some Measure
hath been Endeavoured to be Effected by ye best Enquiry
could hitherto be made; To ye end a more full Discovery
may be had thereof, & that I yf better may be satisfyed there-
in, when I shall heare both Partyes; These are to Order &
Appoint that from y" Towne of Huntington one or two
persons be Nominated to attend mee here in this City upon
Wednesday y* 12th day of July next; And also at the same
time & place one or two Persons doe likewise give their
Attendance from Rich1? Smyth to declare & sett forth their
true Bounds, soe that I may give a just and finall Determina-
con thereupon. Given under my Hand at fforte James in
New Yorke the 3d day of June. 1671.*
[Francis Lovelace.]
An Ordr about y* Towne of G. E
Huntington, & Richd Smyth
of Nesaquake &c:
At a Councell held at fforte James in New Yorke y* 12th 1671
day of July. 1671.
Whereas an Ordr was issued forth bearing Date y6 3d day
of June last, that some person or persons should this day
appeare before mee both on ye behalfe of the Towne of
Huntington, & also of Richd Smyth of Nesaquake, of w0*1
timely notice was given to both ptyes, And ye Towne of
[28]
434 Province of New York [xNfv]
°- E- Huntington haveing neglected to give their Attendance, ye
(HYSL) wch Mrs Smyth for & on ye behalfe of her Husband, & Mr
i6 Rider as Attorney did performe; These p'sents doe Order
July 12. y* ye neglect on ye one side, & ye appearance on the other be
Recorded, and that the Case in difference for ye present be
suspended, till further Satisfaction be receiv'd concerning
y" same.
[Francis Lovelace.]
Col. MSS. Jo the right Honmbi ffranci[s] Lovelace Esqr
(HYSL) & Govern1 of all his Roya[l]l Highnes
Territories in Amerricah.
1671 The peticion of
Rich: Smythe
Humbly sheweth to yor Honnr that wheras the Town off
Hunttington clameth the sole prpriety of all the land between
Cowharbour & Neesaguank river (wth all the benifitts
therof) by vertue of 2 verdits (lately) passed as they say.
Your Petticnr humbly conceaves this to bee an over-rigorous
Construction & inconsistant wth righteousness [&] the
established law. & therfore humbly requests yor Honnr to
gra[n]t him the Libe[r]ty of an appeafl] to the Court of
[Assizes] [remainder mutilated and lost] l
Endorsed :
Mr Smith of
Nesaquake his
peri con.
Septf 6. 1671.
To bee referr'd to
the Councell.
1 Apparently only the salutation and signature are lost
Opposite p. 434.
I--,:
-'
.
< , — .
'\, A *£»i\L ^<v '
f
, . . ^ ^
, .,. „ ,..,;..!;- c .
ti
Sifc,:>
•• - • ••^
PETITION OF RICHARD SMITH, FOUNDER
OF SMITHTOWN, L. I.
To Governor Lovelace, September 6, 1671
on his Boundary Dispute with the
Town of Huntington.
(Reduced from llVa by 11 Vt inches.)
Collateral and Illustrative Documents 435
Septembr ye Depositions Recorded for MT. Rich[ard] Deeds
19th 1672. Smyth of Nesaquake. Sep: 19^ 1672. (Sec.'state)
The Testimony of Thomas Benedict. septan
This may Certify any whom it may concerne, that as Recorded
touching the Difference between M^ Richard Smyth of Sept. 19
Nesaquake, & the Inhabitants of y* Towne of Huntingdon,
if any Testimony shall appeare to bee given in by mee &
my Name, touching that Controversy, wherein it shall bee
said After the Land was sold to Huntington Men between
Cow-Harbor & Nesaquake River, it is to bee understood
That I meane by Land, Meadow only; ffor I never under-
stood after I came to live at Huntington any Vpland bought
within that Tract, but herbage only, as their Bill of Sale
declares; As wittness my Hand.
Thomas Benedict.
This I doe Declare, that there may bee noe Mistake, for
although I respect my Neighbo™ of Huntington; yet I would
not say any thing to prejudice Mr Smyth, & therefore I
would have all Men know, that this is my true Meaning in
that Saying.
Henry Whitney giveth his Testimony in the same Manner
& ffbrme as above-written.
Taken Oath before mee. Septemb' I i^h 1671.
Richard Olmstead
Vera Copia. Commissionr
C. A.
At a Gen3!1 Court of Assizes held in the City of New 2:261-3,
Yorke by his Ma1'" Authority beginning on the first Wednes- 2 2g4_5
day in October (being the 4th day of the said Month) <JIYSL>
in the 23^ yeare of his Ma1'?3 Reigne, viz^ our Soveraigne
Justices of ye Peace
of ye West Riding.*
436 Province of New York
c- A. Lord Charles y* second by the Grace of God of England,
281,282' Scotland, ffrance, & Ireland King Defend^ of ye fFaith &c:
(ITYSL) AnnoqJ Domini 1671.
1671 Present
The R^ Honw.e y8 GovernoT
Thomas Delavall EsqT \
M.r Cornelis Steenwijck V Of ye Councell.f
Mr Matthias Nicolls Seer j
JJ' J°hn ,L*Urj;nCe \ Aldermen of this City.,
Mr Isaack Bedloo j
Cap* John Manning High sheriffe.
Thomas Lovelace EsqJ.
Mr Cornelis Van Ruijven
Mr James Hubbard
Mr Richard Betts
Mr Robert Coe ) j • f e
™' i0^^^8,- , f of y North Riding"^
Mr Richd Cornhill )
Mr William Wells | Justices of ye peace
Mr John Mulford. j of the East Riding.
After Opening ye Court the Bench was first call'd over,
then ye Constables, after that all the Causes.*
*******************
Oct: 7*.h Beforenoone.
Severall Peticons were taken into Consideracon.
After noone.f
***************
The Petition of Rich<? Smith of Nesaquake, & another
from the Inhabitants of Huntington being taken into Con-
Collateral and Illustrative Documents 437
sideracon, the first desiring some Commission'? may bee C.A.
appointed to view the Bounds of Nesaquake Land; The 281, 382
other declaring their Dissent to settle y* ten ffamilyes &c: — (ifYSL)
The following Ord™ were made
thereupon -- Viz* — October
The Peticon of Rich1! Smith of Nesaquake being taken
into Consideracon, wherein hee desires some persons may bee
appointed wthin the space of six weeks to enquire into &
view ye Westerne Bounds of the Land comonly called Nesa-
quake Land between him & ye Inhabitants of Huntington,
where the Peticoner was to settle his first ten ffamilyes, &
to make Reporte thereof to the Governor; The Court have
thought fitt to grant his Request, & doe Order, That three
or five indifferent Persons of good Judgment & Vnderstand-
ing shall bee nominated & appointed to doe the same within
the time aforemen coned, soe that a finall Determinacon&
Issue bee had upon the Matter in Difference; The Denomi-
nacon of the Persons to bee referred to the Governor
By Ordr. &c:—
The Peticon of y6 Inhabitants of Huntington directed to
this Court being taken into Consideracon, more particularly
as to that part thereof, wherein they seem to suggest or take
for granted that the Settlem4 of ye ten ffamilyes upon the
Land w°h they recovered from Richard Smith ef Nesaquake
(the wch hee was obliged to doe by his Patent if hee had
gained the Suite) was an Injunction laid upon them, v^h
they conceive is intolerable ; The Court is soe well satisfyed
of what was then done, the wch was freely consented unto
by the Persons of that Towne then present, who informed
the Court they had full power to Act on the behalfe of the
rest, That they finde noe reason to alter their Judgment
then given, but doe Order the same fully to bee putt in Execu-
438
Province of New York
C- A- tion, upon ye penalty & Condi cons therein exprest. As to
281, 282 their Bill of Charges relating to Richard Smith, the Gover-
(NYSL) nour & Councell will take it into further Consideracon, &
make some Order thereupon consonant to Justice, & the
Orto7ber Course & practice directed in the Lawes of this Governm*
By Ord^ &c:
G. E.
(NYSL)
1671/2
Feb. 26
»;
i
Lre from y° Governor to [Constable and Overseers
of Huntington] desireing them to send back Coppyes
of y6 Deposicons of Thomas Benedict & Hen: Wittney
to bee recorded.
Gent:
I am given to understand, That after yor Tryall at the
Assizes wth yo' Neighbor M.r- Smyth, some of those employ'd
by yor Towne, called at y6 Secretaryes Office for ye Papers
given in by them in Co^ & had them deliver'd, they being
in haste, of which either by ye neglect or Multiplicity of y6
Clarkes Busyness, some were not Recorded; Amongst wch
ye Depositions of Thomas Benedict & Henry Wittney were
two; To ye End, That ye Records may bee kept in good
Order, & that Nothing materiall past at a Publique Tryall
may bee omitted, but remaine there to bee perused upon
Occasion by any who shall desire ye same, I shall recommend
it to you, That you deliver Authentick Copyes of those
two Deposicons of Benedict & Wittney, or send the Originalls
by Cap' Manning either at his goeing or returning from ye
Sessions, to bee transmitted to ye Secretaryes Office here.
Yo' Complyance herein is expected from
Yor. Very Loving Friend
Fran: Loulace.
Forte James in New
Yorke. ffebry 26. 1671.
b5cv] Collateral and Illustrative Documents 439
Lett' to M' Wood, to send back y* Deposicons of G; E
Whitney, & Benedict. &c. to bee Recorded.
MT Wood.
It was thought you would have minded yo' Promise to
send up to ye Secretary those two Testimonyes or Depo-
sitions of Henry Whittney, & Thomas Benedict given in at
y" Cor* of Assizes, wch it seems in haste were omitted to bee
Recorded by ye Clarke, the wch I writt to you about before, I
thought good to Advertize you of it once more, that y<?
complyance in sending ye Originalls or Authentique Coppyes
of those Deoosicons very speedily is expected by
Yo' very Loving Friend
Fr: Louelace.
Forte James in N: Y.
ye 27th June. 1672.
[Deposition of Elias Doughty and others.]
(Sec.'sute
Wee under-written to ye best of our Remembrance Declare,
That Whitney & Benedict testifyed that Huntington Men A^7'»
bought ye Land, Herbage, & Meadow of the Indyans from -
Cow-Harbor to Nesaquake River, wch was y6 chiefest Cause 1673
that cast the Case betwixt the Towne of Huntington, & Mr ^^ I9
Richard Smyth
Aug: 17. 1672 Elyas Doughty
Robert Terry
James Clement
John ffoster
Renthom Moore
Wm Noble
Simon Saving. '
1 Evidently Simon Seryon
440 Province of New York
[Depositions of Benedict and Whitney.]
(Sec.* State)
These may certify whom it concerneth, that I Thomas
Sep6t72n Benedict of Norwalk being desired by MT. Smyth of Nesa-
— quake to give answer to an Inquiry whether I would stand
1672 to y" Explanacon of my first Testimony concerning the
Word (Land) as there explained, or whither I would own y*
Testimony on ye other side of this Paper, my Answer is that
I doe stick both to my first Testimony, & ye Explicacon
given under Oath; And that if any other Testimony hath
been produced & made use of by Huntington Men that
agreeth not with that, given under Oath wth ye Explication
I gave to Mr Smyth, I doe utterly disown the same. Wittness
my Hand Septemb? n?h 1672.
Thomas Benedict
Wittness Thomas Hanford
Rich? Olmstead
John Platt.
I Henry Whitney of Norwalk doe fully & firmly consent to
y« Premisses above-written. Wittness my Hand Sept: n*h
1672. the mark of X Henry Whitn[ey]
[Deposition of Nath. Gold.]
(Sec. State)
1672 These may certify any whom it doth or may Concerne
Sept. 13 that Mr Richard Smyth earnestly desired, Thomas Benedict
Recorded to ta^e Oatn to ye Premisses, but hee refused, saving hee
Sep6t72i9 had sworne often enough in the Case already.
Wittness my Hand.
Nath: Gold. Assistant.
Farfield. [sic] this i$h Septemb"
1672.
Collateral and Illustrative Documents 441
[Deposition of Richard Olmstead.l Deeds
4:65
(Sec. State)
Henry Whitney being desired to give Oath to y* above
said Writing, gives the same AnswT that Thomas Benedict
did, It being desired by Mr Richard Smyth. — Wittness _
7 Recorded
my Hand. 1672
Norwalke SeptembT i6th 1672.
Richard Olmstead
Commissionr
At a Gena." Co? of Assizes held in the City of New Yorke C. A.
by his Ma"" Authority beginning on y* first Wednesday in 303, 304,
October (being y* second day of the said Month, & ending (inrsi,)
the Monday following being y* 7th day) in y* 24th yeare of
the Reigne of our Soveraigne Lord Charles y" 21? by the October
Grace of God of England, Scotland, France, and Ireland
King, Defender of the faith &c: Annoqj Dom: 1672.
Present
His Hono' the Governo'
Mr Matthias Nicolls, )
MayoT of ye City of N: Yorke f
ab: — Mr Thorn : Delavall
Mr Cornelis Steenwijck
ab:— Cap* Thorn: Willett
Cap* Jn° Manning High Sheriffe
Thorn: Lovelace Esq?
^Ofy'Councell.
Mr Cornelis Van Ruijven
Mr James Hubbard
Mr Rich1? Belts
Justices of y* peace
of y* West Riding.
M' Robert Coe ) Juices of the
M^ Rich<? Comhffl. f ^eace °f
; Riding.
442
Province of New York
r NO. i
IxxvJ
C. A.
2 : 293-4,
303f 304,
310-1
(NYSL)
1672
October
Justices of y6 Peace
of the East Riding.*
ab: — Mr Jn? Mulford
Cap? Jn"? Howell
Cap* Jn? Young
Mr Jonas Wood
Mr Jn? Lawrence -- Depty: Mayo'
Mr Isaack Bedloo -- Alderman of this City.
Cap? Silves' Salisbury - I Justice of 7* Peace
J at Albany.
Cap*Thom:Chambers I JUSti<Le °f ^ Peace
J at Esopus.
Mr Peter Alricks --- Bayliff of New Castle
for Delaware. —
Then the Constables of this City, & of Yorkshire upon
Long Island calld upon for their Attendance.*
Those at ye East )
end excus'd. f
Beforenoone.
The Court & Constables call'd over.
A Jury Empannell'd & sworne.
The Causes call'd over.
The Names of the Jurors.
Rofet Jackson.
Wittm Willkins.
John Adams.
Nathaniel Denton.
Thorn : Townsend.
Jonathan Hazard.
John Seaman
Richard Stillwell
Robert Terry
George Woolsey
John Garland
Thorn: Laurence.
Collateral and Illustrative Documents 443
Friday Octob: 4"? 1672. c- A-
2:293 4,
3O3t 304*
****************** 3,0 j
(HYSL)
Afternoone. 1672
October
*****************
Richd Smyth of ) p,t
Nesaquake. . . f
'.' of }
f
n. . . )
The Inhabit'.' of
TT •
Huntmgto
Vpon ye Peticon of Rich"? Smith of Nesaquake to y*
Governor, wherein hee alledges that at y* Tryall had in this
Co? of Assizes held Anno 1670. severall false Evidences were
produced at the Tryall by y8 Inhabit'? of Huntington, whereby
ye Co? & Jury were mislead; The same being debated in
Councell & referr'd to this Co? to give their Judgment &
Opinion, whether upon y* Grounds afore-specifyed as well
as ye Reasons & Suggestions to bee brought in there were
sufficient Cause of a Rehearing or Review of the Action;
The Matter being taken into Consideracon, It is adjudged
& Ordered, That if the said Richard Smith can upon the
first Thursday in Decembr next, when a Speciall Court is
to bee held here in this City prevaile wth Thomas Benedict
and Henry Whitny of Norwalk in his Ma"?3 Colony of Con-
ecticott to appeare at ye said Court in person, or cause
sufficient Evidences then to bee produced to clear the Matter
in difference, (concerning wch their Testimonyes are said to
bee soe materiall) or can detect any fraud or foule practice
in the said Inhabit'? of Huntington wch was the Occasion of
their carrying the Suite, That then a Rehearing of the Case
betweene the said Rich ' Smith & the Inhabitants of Hunting-
444 Province of New York [xxv]
C. A. ton shall bee had, when ye Cort. will give such further Deter-
303, 304, minacon therein as will bee consonant to Law & good
SL) Conscience.
By Ordf &c:
October
C. A. At a Speciall Co" of Assizes held in New Yorke by his
2 335'- 7 ' Ma1'.65 Authority, beginning on ye first Thursday in Decem-
(HY8L) ber, (being the 5th day of the said Month) & ending ye y*h
1672 day following, in ye 24th yeare of his Ma1'?5 Reigne Annocp
December
Present —
His Hono? ye Governor
Cap* Thomas Delavall \
Cap* Cornelis Steenwijck I Of ye Councell.
Mr Matthias Nicolls - )
Mr Jn? Laurence — Mayor of this City.
Cap* Jn? Manning. — High-Sheriffe.
Thorn: Lovelace Esq' — ^ T p
TV/Tr/- 1- 17 T> •• JUStlCCSOfy'
Mr Cornells Van Runven \J '.
r* t i u uu j (~ peace of the
Cap* Tames Hubbard „. _...
Ti/rr T>- i A r> West Riding
Mr Rich? Betts. -- J
Mr Robert Coe ) Justices of ye
Mr Rich? Cornell -- j North Riding.
Thursday — Decem: 5*.h — Beforenoone.
Rich? Smith -- P1.*
The Inhabit*5 of ) „ ft
TT . > Del*?
Huntington' — J
The Accusacon against Benedict and Whitney discourst
of, which not being made appeare, they having justifyed
[xxv] Collateral and Illustrative Documents 445
themselves in person, is pleaded in Barr to their having a °. A*
New Hearing. 335-7
The Co1? adjourne untill Afternoone.
1672
Afternoone. December
M' Smiths Busynesse againe brought into Consideracon.
M? Rider putts in a Paper, distinguishing Nesaquake
Land from Catawamuck.f
It's not allowed of by y* Governor, none appearing for the
Def'f
The Governo' & Councells Explanacon of ye Verdict of
the Jury read./
M' Smith offers to prove Jeremy Woods Testimony to bee
false; whereupon y" Co" enter upon much Discourse
about it.
Ben[e]dict & Whitney's Testimonyes (soe much insisted
upon) read, & Land in Gen".11 menconed therein to bee
confirmed by Wyandance y6 great Sachem.
Another of y8 same persons not mentioning Land, only
Herbage & Meadow.
The Ord" from y* Governo' & Councell read about
ascertaining Nesaquake Lands, & that the Co1? did not
intend by their Judgm' to take away any part of Nesaquake
Land of Right belonging to Mr Smyth.
Thomas Benedicts Explanacon of his former Testimony,
disclayming any Land to bee purchased by Huntington,
only Meadow & Herbage.*
Joseph Smith of Jamaica declared before Mr Coe, that hee
had noe Intent to give in Testimony in this Case, but gave
Evidence for Huntington Men that they had purchased
Meadow, Herbage, and Land to Nesaquake River, for that
hee apprehended Whitney & Benedict had spoken soe much
as might bring them to Reproach in testifying about Land,
446 Province of New York
c. A. jjut that nee did never know absolutely any more then
335-7 Herbage & Meadow to belong unto them of Huntington.
To bee considered of by ye Bench, whether to bee heard
1672 in Equity or noe. —
After mature Deliberation was had thereupon by ye Court,
this following Order was made viz* —
Richd Smith P«
The Inhabitants of ) T-V *ts
Huntington — i — )
This Case being taken into Consideration, and fully
debated in Court; wherein the P}t desired to bee heard in
Equity for that part of Nesaquake Land on the West side of
the River, w°h hee alledges to bee part of the Land on wch hee
was obliged to settle the first ten ffamilyes, although now
Claymed by the Defts, by vertue of the Verdicts they obtained
at Common Law against the P*.* for other Land as hee con-
ceives, It is Ordered, That for ye present Respite shall bee
made of any Proceeding in this matter, untill the Spring, when
some time in the Month of May next his Hono? ye Governour
intends to have a Gena" Trayning, & a Meeting of the two
Troops of Horse at the East end of Hempstead Playnes,
from whence some indifferent persons from ye East end of
Long Island, who will bee there, & some others from the
West end, shall bee appointed to goe & view the said Land
called Nesaquake Land on the West side of the River, & to
make enquiry thereinto, in the best manner they can, & if
possible make a Conclusion therein between ye P1.1 & Defts,
wch if it cannot bee attain'd unto, that then the Pn shall
have Liberty to preferr his Bill in Equity against the Def'.s
at the next Gena." Co? of Assizes, as to that Land called
Nesaquake Land, where a definitive Determination shall
bee made thereupon according to Law & good Conscience./r
By Ordr &c:
Collateral and Illustrative Documents 447
No. XXVI.
CLAIMS OF JOHANNES DE DECKER — NEGROES,
SALARY, LAND AT STATEN ISLAND.
The Determination of M' de Deckers
Case, by y Governor & Councell.
Whereas MT. John de Decker heretofore one of y" Councell 1670/1
to y° Government of the New Netherlands und' y? West
India Companye before ye Reduction of theise ^ts und* his
Matj" obedience having obteyned a referrence from His
Royall Highnesse upon a Petition prsented unto him recom-
ending it unto me to Examyne into y6 truth of y6 Allegations
therein conteyned & to do him right thereupon according to
y" Articles of Surrender or y? usuall Course of Justice here.
Upon Serious Consultation had w11? my Councell haveing
likewise called y? Bench of Mayor & Aldermen of this Citty
to my Assistance for their Advice where y? whole Case was
Examyned into & debated w'!1 good deliberation, It was
unanimously agreed upon & consented unto that ye Sugges-
tions in M' de Deckers Petition touching y? 10. Negroes
wcl? he saith were taken away from him was misrepresented
to his R. Hss for that it doth not appeare that he was possesst
of more then Tenne of y? Twentye he layes clayme unto,
w0?1 Ten he disposed of at his pleasure, & that those
Negroes seized upon by M^ Delavall by order from Genr"
Nicolls were taken as y? effects of y6 West India Companye
1 The pagination 635 is part of a modern continuous numeration for con-
venience. The original pagination of this volume runs in two series, and
p. 635 of the continuous numeration is also p. 287 of one series of original
pagination. The Council minute refers to the above order as " Entred at
large in y* 3d Booke of Entryes (of Dayly Orders) Pag: 287, to wch to referr."
448 Province of New York
C. A. & not as belonging to M? Decker, for ye w°.h- Genr" Nicolls
stands charged Debto' to ye West India Companye, & hath
given creditt to his R Hs.s for them in his Account, And M'
1670/1
Jan. 9 Decker no way named therein, And as to ye oth? prtences
of ye said M^ John de Decker concerning his Sallarye due
from ye Said Companye, It is found in ye Said bookes that
there did remaine due to him ye Sume of 7349 G?dT 14s? 04"?
out of w°.h he is to discount for 8. of y6 Negroes he receiued
& carryed w*.h him to S- Christophers besides what more y6
said Companye hath to Charge him w*!1 y6 wc.h not standing
in y6 books here there can no Cognizance be taken thereof,
neith^ can M^ de Decker properly Expect to be satisfyed his
sallarye here, although there were effects over & above his
p'tences undisposed of, for that his Account was made up,
& closed in their books, & he referr'd for payment w*-11 y6
rest of their Councell to ye West India Companye in Holland.
This being y6 true Estate of ye Case as by ye strictest
Examination & best inquirye it can be found, It is humbly
referr'd back to his R. IIs? for his furth' consideration &
determination as he in his prudence & wisdome shall thinke
fitt. Given under my hand at ffort James in New Yorke
this 91!1 day of Jannuary in y6 22'h yeare of his Mau.es Raigne
AnnoqJ Dili 1670. [Francis Lovelace.]
C. A. The Governo" graunt of 120. Acres of Land
(HYSL) to M.r. de Decker on Statten Island
1670/1 Whereas M! John de Decker heretofore one of y? Councell
to y? Government of ye New Netherlands und' y? West India
companye before ye reduction of theise partes to his Ma''.63
Obedience hath prsented unto me a Petition That he may
be Invested in a certaine peice of Land upon Staten Island
conteyning about 60. margen or 120. Acres for y? wc.h he
Collateral and Illustrative Documents 449
hath a Patent or Ground breife bearing date y* 15th day of c- *•
May 1664 w°.h was some months before the Surrender of y" (HYSL)
place, In regard of y? paines and trouble y? said M* John de
Decker hath beene at in takeing a Voyage out of Europe Jan. 9
hither about this & oth? his Concernes I haue w*^1 y? Advice
of my Councell thought fitt to gratifye him herein although
according to y* Strictnesse of y* Lawes & y6 Custome of y"
Country his right thereunto is Elapsed Always provided that
y6 Pretences to ye said Land by M? de Decker or his Assignes
do no wayes prjudice ye Towne already setled, nor ye oth'
Towne ordered to be layd out upon y6 said Island, The w^
if it shall so happen to bee Then that there shall be allotted
unto him ye like quanritye of Land to be laid out in Some
othr convenient place by my ordr for y? w°h he shall haue a
New Pattent, & that he be obliedged to settle or plant upon
y8 Same wthin ye Space of one yeare aft? y* date hereof. Given
undT my hand at ffort James in New Yorke this 9l.h day of
Jannuarye in y* 22^ yeare of his Ma*'?5 Raigne Annoq}
Dni 1670. [Francis Lovelace.]
No. XXVII.
STATEN ISLAND — LAND OF JACOB MELYN.
June y* 4* 1668.
Upon y? Petition & request of Mr. Jacob Molline that his
fathers interest may be taken into consideration upon ye
Settlem' of Staten Island, The Governor ordered it to be
entred upon Record that Care shall then be had of him so
farre as that he shall be allowed a Convenient proporcon
[29]
450 Province of New York [xlvin]
C. A. Of Land upon y8 said Island in lieu of what was reserved
(IT/SL) by his fathr & promised him by ye west India Company.
Extracted out of ye Records in ye Office at ffort James in
June 4 New Yorke
M. Nicolls Seer.
No. XXVIII.
BROOKHAVEN (SEATALCOTT) — LAND AFFAIRS
AND WHALING.
Deeds [Indian Deeds to Brookhaven.l
2:183
Mar: 7?" An Indyan Deed Entred for the
1666. Towne of Brookehaven.
l655 Articles of Agreement, & a firme bargaine agreed &
— '— confirmed betweene the Sachem of Seatalcott Warawakin
1666/7 ky name, with the joint consent of himselfe & next of
Mar- 7 his kindred, have bargain'd & sold unto John Scudder,
John Swesie, Jonathan Porter & Thomas Mabbs, A par-
cell or Tract of land w*h all Meadowes, vpland, timber trees
or whatsoever benefitt or priviledges thereunto belonging,
next adjoining to the bounds of Nesaquake, & from
thence being bounded with a River Eastward, & bounded
next unto Nesaquake bounds (as by trees being mark't
doth appeare: Also the Sachem with the Consent of his
next kindred hath giuen free leaue & liberty, & graunted
unto the said purchase free liberty for their Cattle to runne
beyond the bounds if occasion bee, or to cutt Timber as farre
East as they thinke fitt: And to come once in two yeares to
renew the markes of the bounds, & to giue the s1? purchas™
Collateral and Illustrative Documents 451
for them or who they shall putt to Hue there, full, free & Deeds
quiet possession of the sd purchase &c: And if the Indyans (Sec. State)
shall wrong the s"? English, either by their Dogges hurting of
their Cattle, or any otherwayes, that then ye Sachem shall Apr. 4
see that satisfaction bee made according to the wrong done; Recorded
So also if the English do any wrong to the s"? Indyans, that
the English shall make them satisfaction: Also the said
Sachem shall not entertaine any strange Indyans or others
neare unto vs whereby to doe vs any wrong but shall timely
discover vnto vs any plotting or hurt that shall bee intended
against us: And ye like shall wee doe unto him, To the end
that peace may bee maintained amongst vs: And for & in
consideracon of the said Tract or purchase of land, Wee the
said purchas" doe hereby engage at selues to pay unto the
s? Sachem the Goods as in particular are written following
within one moneth followeing the date hereof; And for the
confirmacon of the same haue sett my hand with y? rest of
my kindred. Dated this 4- day of Aprill 1655
Here was underwritten.
10 Coates. The markes of Warawakin
12 Hoes. & of thirteene more of
12 Hatchets. his kindred.
50 Muxes.
100 Needles.
6 Kettles.
10 ffa thorn of Wampom.
7 Vests of powder.
I paire of childs stockings.
10 pound of Lead.
I Douzen of kniues.
Wittnesses hereunto
George Tonge
The marke of
John X Cosby.
452 Province of New York [xxvin]
Deeds Mar: 8?h Entred for Brookhauen.
3:185 ,,,
(Sec. State) 1666
This writing wittnesseth That I Wyandance Sagamore of
Recorded Long Island doe promise to sell the great Neck to the Inhabit-
Mar. 8 ants of Setaulcott upon the deliuery of the Goods hereunder
mentioned, viz* Six Coates, six Kettles, one brasse Gunne,
one Troopers Coate, Tenn kniues, one paire of Shoes, Two
pound of powder, two pound of lead, twenty Muxes forty
Needles.
Deliuered him in part of paym* \
for the purchase aboves1? one paire >•
of Shoes.
Memorandum The name of the Neck aboues? is
Cataconocke.
Mar. 8?h Entred for Brookehaven.
1666.
This writing wittnesseth That I Wyandance doe by these
prests make over all my Right & Interest in the Old ffield
vnto the Inhabitants of Setaulcott for them & their heyres
for ever, And doe engage my selfe & heyres to maintaine &
defend their Right against all that shall hereafter disturb
them. As wittnesse my hand
Wittnesse: George Southerne The marke of
The marke of Chiconoe Wyandance.
& another Indyan called And another Indyans
Osasara Tacckcoe. marke called Mahew
Collateral and Illustrative Documents 453
Mar: 8?h Recorded for Brookehaven.
1666. (SeV. State)
Brookehaven 1664: June y? 10-.
This Indenture wittnesseth a bargaine or agreement June xo
betweene the Sachem of Vncachage, Tabacus & the Inhab- 1664/5
itants of Brookehauen ats Seatauke concerning a parcell or ar'9
tract of Land lyeing vpon the Southside of Long Island R*£^t?
being bounded on the South with the Great Baye, & on the Mar. 8
west with a fresh Pond adjoining to a place comonly called
Acombamock, & on the East with a River called Yamphanke,
& on the North it extends to the midle of the Island; Pro-
vided the afores"? Tabacus have sufficient planting land for
those that are the true native Proprieto™ & their heyres,
Also that either & both Parties haue free liberty for fishing,
fowling, & hunting without molestacon of either Party,
And this is in consideracon of a certaine sum of money to
bee paid to the valuation of fifty fathom of Wampom As
witnesse my hand the date & day abovewritten :
The Marke of
Signed, sealed & deliuered Tabacus.
in the presence of vs.
Richard Howell
John Cooper.
March the 9^ 1664.
The Contents of this Deed abouewritten owned by Taba-
cus Vncachage Sachem & the Subscription thereof, in the
presence of vs.
{Further the said Sachem disowned that ever hee sold
John Scott any Land.
John Howell
John Younge.
454 Province of New York
Deeds Mar: 8- Recorded for Brookehaven.
2:187
(Sec. State) 1 666.
1664 Mahew Sachem of Setauke doth freely give and surrender
June 10 . .
— unto the Comittee of Conecticott appointed for settling of
1666/7 buisnesse on Long Island, for the vse of the Towne of
Mar' 8 Setauke, the feede & Timber of all the lands from the old
mans, to the wadeing Riuer, As wittnesse my hand this
of June. 1664
The marke of
Testes. Mahew.
John Cooper.
Richard Howell.
Masseteuse & the Sunke Squaw Natives Proprietor
& owners of all the Lands belonging to the Tract of Land
cornonly called the old Mans doe freely & absolutely sell &
will defend the Title to the Inhabitants of Setauke & their
Successor for ever, for & in consideration of a certaine value
of Goods here under written, to bee deliuered within one
moneth after the date hereof: As wittnesse our hands
this 10- of June: 1664.
The markes of
Signed in the prescence Massetewse &
ofvs: The Sunke Squaw.
John Cooper
Richard: Howell.
ffoure Coates. Ten Hatchetts. &
ffoure paire of Stockings. Ten Knives.
Two Yests of powder. More Six Coates.
Two barres of Lead. ffoure shirts
Six Hoes. Three peck Kettles.
[xxviu] Collateral and Illustrative Documents 455
This abovewritten owned, & the contents thereof w^h all
the severall kinds of pay receiued, (Excepting the Kettles, (Sec. State)
Hoes & Hatchetts,) by Mahew & Massetewse. i66
June 10
In the prescence of vs. Recorded
John Howell. jgJ/J
John Young.
An Ord' Concerning the Whales °;*-*~
in Sea-Talkett bounds. (IT/SL)
wth
Whereas The Inhabitants of the Towne of Seatalcott
(als Brookhauen) are invested in a certaine Tract of Land by
vertue of their Pattent wherein their bounds are ascertained
& confirmed to be from the North to the South sea, wth
seuerall priviledges therein exprest, Howeuer the said
Inhabitants haue made their Cornp" vnto me that some
oth^ persons not belonging to the said Towne of Seatalcott
wthout their leaue or Consent doe prtend a Priuiledg vpon
the Beach lying to the South & wthin their bounds aforesaid,
& haue actually cutt vp & carryed away some partes of a
whale or great Fish contrary to the Priuiledges of the said
Towne vpon p'tence of an Agreement made wth some
Vnquechanke Indians These prsents serve for a furthT
explanacon of the said Pattent That by vertue thereof the
Inhitants of the Towne of Seatallcott (alias Brookhauen)
aforesaid & no oth^ wthout their Consent, shall or may cutt
or carry away any whales or Great Fish w?h are or hereafter
may be cast vpon any parte of the Land or Beach wthin the
bounds & lymitts of the said Pattent therein expresly sett
forth to be given & graunted Giuen und? my hand at
Fort James in New Yorke the First day of Aprill 1668.
[R. Nicolls.j
456 Province of New York [xxviij
O. W. L. An Order heretofore graunted to the
(HYSL) Towne of Seatauckett about the
whales at the South suspended
vpon the Peticon of Joseph Ray-
ner &c.
1668 Whereas Joseph Rayner Richard Howell and Anthony
Waters haue made complaint unto me that by misinformacon
yo" did the last yeare obteyne an order from the late Gover-
nor. for the enioym* of a certaine pcell of Beach to the South
supposed to be wthin the lymitts of yo' Pattent but formerly
purchased by the Comp?ts or some one of them & a valuable
Consideracon giuen for the whales that should be cast up
thereupon for the space of a certaine terme of yeares not yet
expired These are therefore at prsent to suspend the
benefitt of the order you did soe obtaine & to require yo" to
permitt & suffer the Comp?ts to enioy what they haue pur-
chased untill yo" can make a better right appeare the includ-
ing of the lymitts & bounds thereof in yo? Patent notwith-
standing Giuen und' my hand & Scale at Fort James in
New Yorke this iz'-11 day of Octobr in the 20^ yeare of his
Ma."?* Raigne Annoq? Dm 1668.
[Francis Lovelace.]
O. W. L. A Letter from the Gouernor to ye Constable
2 * ^IT
(NYSL) & Ouerseers of Seatalcott. Dec' 15. 1668
Loving freinds
1668 I haue rec? an Adresse from yo" by the hands of Mr
Woodhull & MT Dayton full of dutifull & kind expressions
w°.h I take very well at yor hands & hope yo' expectation
shall not be frustrated as to my Endeauors in the Encourage-
m* of all good people & dispensacon of Impartial! Justice
Collateral and Illustrative Documents 457
throughout the Gouernm' his R. Highnes hath intrusted me °- w- L
wthall: The persons yo" sent did also make a Complaint (irifSL)
against Joseph Rayner & Richard Howell as if they had
surprized yoV by obtaining an order from me about the Whales Dec. 15
cast vpon the beach to the South of the Island wthin yo*
prcincts, w?h yoV had a former order to injoy from my
prdecesso* I doe thinke it conuenient to respite my iudgtrtf
therein untill the beginning of March next when I doe
intend (God willing) to goe downe to the East End of the
Island & shall then heare what both yoV & they haue to say
to the matter & accordingly will giue my Judgm' thereupon
In the meane tyme if any Whales shall be cast vp You or
they who first haue notice may take care to p'serue them &
where the right shall be adiudged those who shall take them
without a good title shall bee accountable to the other for
them I haue no more but to recomend yo" to Gods pro-
tection & rest
Yo' assured Loving freind
Fran: Louelace
To the Constable & Ouerseers
of Seatalcott als Brookhauen.
Dec? 15. 1668. |
Liberty Graunted for Severall Bisons of c. A.
y? Towne of Seatalcott to purchase
one hundred Acres a peice there.
Whereas I haue Rec1? a Petition from Severall ^sons of y* 1670/1
Towne of Brookhaven ats Seatalcott being in numb' Eleaven
whose names are hereaftr wrytten that they may haue libertye
to make purchase of a certaine Peice of Land to y? South
wthin y? Lymitts & bounds of their Patient y6 w^ hath not
as yett beene bought of y? Indian Proprietors, y? said persons
458
Province of New York
[xxvinj
C. A.
2:619
(NYSL)
1670/1
Jan. 12
alleadging their prsent want of Accommodation for their
Stocks & proposing to plant & settle thereupon It being a
place where likewise they can y? better prosecute y? designe
of Whale fishing, These are to certifye all whome it may
concerne that for an Encouragem4 to planting as also of y?
Whale fishing designe, I do hereby graunt unto ye said per-
sons Lycence to purchase at y? place aforesaid each of them y?
quantitye of one hundred Acres of Land woodland & mead-
owe togeth^ as it shall happen to fall out, y? wch when they
shall haue accomplished & make retorne thereof unto me
I shall giue them a furth' Assurance for y? same. Alwayes
provided that this shall no wayes debarre ye rest of ye Towne
from their Comonage in y? woods or meadow ground already
laid out for each Lott at y? South, y? wch by Vertue of this
Graunt is no way to be encroacht' upon. Given und^ my
hand & Scale at ffort James in New Yorke this I2*!1 day of
Jannuary in y? 22*.h yeare of his Mat!?s Raigne Annocp Dm
1670.
[Francis Lovelace.]
C.A.
2:631
(NYSLi
1670/1
Jan. 12
The Governo" graunt to Mf
Daniell Lane & M? Richard
Woodhull for a farme at y?
Wading Ryver.
These are to Certifye all whome it may Concerne that
this day y? Governor hath given a graunt unto M^ Daniell
Lane & MT. Richard Woodhull of Seatalcott, for to haue
each of them a farme at y? Wading Ryver but thinks fitt to
respite their Lycence of Purchase & Pattent untill he shall
bee Satisfyed of ye quantitye & qualitye of ye meadow there.
This I was ordered to enter upon ye Records, Dated at New
Yorke this 12^ day of January 1670.
[M. Nicolls, Seer.]
Collateral and Illustrative Documents 459
No. XXIX.
SOUTHAMPTON — CONFIRMATION OF LAND,
SALE OF STRONG DRINK TO INDIANS,
WHALING, ETC.
A Licence to John Laughton to sell O. W. L.
some poud' & liquor to y6 Indyans. (HYSL)
Whereas John Laughton of Southampton hath requested 1669
my licence that hee may dispose of or sell some small quantity
of liqrs and powder to the Indyans there that they may bee
the more helpfull to him in the wheale fisshing wherein hee
is a partner and in Clerring some grounds for him. These
are to Certifye all whome it may concerne that I haue given
licence to the said John Laughton to make Sale or paym*
for worke to the said Indyans upon the accoumpt aforesd in
liq" and Powder prouided the quantity of Liq" bee not
aboue 3 ancors nor powder more then 30* And that it
no way tend to the breach of the Lawes or disturbance of
y* Publick peace this licence is to Continue for one yeare
after ye date hereof and no longer. Given under my hand
at Fort James in New Yorke this 19th day of June 1669.
Fr. L.
An Order confirming severall former ^A",
ordr:; made concerning John Cooper (HYSL)
& oth1? engaged in y? trade of whale
catching.
Whereas there haue beene lately made at Southampton 1670
by y° Comission1? for yc. Indian affaires in y? East Ryding of
460 Province of New York [XxTx]
,p;A Yorkshire upon Long Island severall orders Dated y* 6*.h
(HYSL) ^th ^ gth Days of Decemb' last, Two whereof doe more
1670 ^pticulerly relate to John Cooper of Southampton, & ye
Dec. 29 ^j^ [j0t}, to himselfe & others engaged in y? designe of
whale fishing who do imploye Severall Indians thereabouts
for their Assistance therein Upon mature Deliberation &
consultation had hereupon, I doe w*?1 y? Advice of my
Councell approveof & confirme what y? Comr.s aforementioned
haue done in their said orders, & do likewise recomend that
Clause in y? Ord' of y? 8th of Decemb' concerning what shall
be given to y? Indians for their Service in that imploye to be
punctually observed as long as it shall be found convenient
& practicable, but wthall if it shall prove otherwise & that
other agreements are ^mitted to be made w1?1 y? Indians
for their worke by any ^son or Company I doe hereby
graunt & allowe That John Cooper aforementioned who is
said to be one of y* first that brought y? Indians to be ser-
viceable in that designe haue for his encouragem* altogeth'
as much libertye to make his Conditions w'!1 ye Indians for
their Service as any othr. ^son or companye shall prsume to
take, & if he hath alreadye made any Agreement wl.h any of
y? Indians upon this Account for any ^ticuler Season or
tyme p'cedent to what hath beene made w*.h them by others,
y? first agreement is to stand good & if y? Indians so agreed
w*.h, do refuse to make good their engagem' they are not
to be fimitted to worke w*.h any others untill they haue
^fourmed y? same. Given undr my hand at fFort James in
New Yorke this 29th day of Decemb' in y? 22*-h yeare of his
s Raigne Annocp Dni 1670.
[Francis Lovelace.]
Collateral and Illustrative Documents 461
A Comission for y? Indian named c- A-
Quaquashawg to be Sachem. (HYSL)
Francis Louelace Esq' &c Whereas It hath beene usuall 1670/1
Jan. 2
& is found very convenient that some ^son amongst y?
Indians should in their respectiue Tribes or Nations be as
cheife or Sachem over y? rest as well to keep them in y?
bettr order as to be responsible for any mischeife they should
happen to comitt, & y? Indians neare Southampton in y?
East Ryding of Yorkshire upon Long Island comonly called
y? Shinnacock Indians being destitute of such a $son having
nominated & elected y? Indian named Quaquashawge to be
their Sachem who is likewise approved of by y? English to be
a fitt person amongst them for that purpose by reason of his
quiett and peaceable disposition, I haue thought fitt to
confirme & appoint y? said Indian Quaquashawg to be
Sachem over y? Shinnacock Indians of y8 w?h they are all
to take notice & obey him as their cheife & Sachem. Alwayes
provided that he nor y? rest of his Indians doe not hereby
prsume to transgresse such orders & rules as are appointed
for them to observe by y? Com" of y? Indian affayres in
those parts, but that he Applye himselfe to keep his Indians
in peaceable & good ord' both amongst themselues & also
amongst their neighbours. Given und' my hand & Sealed
w'h y? Scale of y? Province at ffort James in New Yorke this
2d day of January in y? 22*h yeare of his Ma*ies Raigne
Annocp Dm 1670.
[Francis Lovelace.]
Recorded by Ordr of
? Governo'
Anoth' Com?" for a Sachem at Easthampton
w*h a blanke to put in a name.
462 Province of New York
C. A. A Comission graunted to ye Indian named
(HYSL) Cawbutt to be Constable over y? Shinna-
cock Indians.
1670/1 Whereas it hath beene proposed unto me that for y? belt?
keeping of y? Indians in good order it would be requisite
that one amongst them should be nominated and appointed
as Constable, & that he may haue a Staffe w*h y? Kings
Armes thereon by ye Reputation whereof y? rest of y? Indians
may be kept in a more quiett & peaceable condicon And
having beene sued to for a Confirmation of a Sachem over y?
Indians neare Southampton comonly called ye Shinnacock
Indians y? wch accordingly I haue graunted, I do also
hereby allow of y? Indian called Cawbutt who is recomended
to be a person of a peaceable temper to be Constable amongst
y? said Shinnacock Indians, & that he haue a Constables
staffe as is desired, He is by vertue of his office to keep his
fellow Indians in good order & to suffer no violence or abuses
to be offer' d amongst them by Excesse of Drinke or other-
wise, & wthall to obey his Sachem, & to observe y? Rules &
orders appointed by y? Com^ for y? Indian affaires there
for y? doeing whereof this shall be his warrant. Given
under my hand at ffort James in New Yorke this 4l.h day
of January in y? 22?h yeare of his Ma^ies Raigne AnnoqJ
Dm 1670.
[Francis Lovelace.]
Recorded by order of
? Governor
Anothr warr* for a Constable at
Easthampton w*h a blanke.
Collateral and Illustrative Documents 463
An Ord? prohibiting y? selling of c;fiAk
Stronge Liquors to y? Indians. (HYSL)
Whereas Severall Complaints haue beene made unto me rNJJJ* vi
from y? Townes in y? East Ryding of Yorkshire upon Long
Island of divers abuses comitted by y6 Indians amongst
themselues & sometymes amongst Christians occasioned
by their inordinate & Excessive drinking of Strong Liquors
whereof bloodshed hath often ensued, & frequently great
danger of murther to be comitted, And there being likewise
othr Complaints that ye Indians doe ^fourme outward
worship to y? Devill by Powowing in or neare y? Townes y?
w^h is contrary to y? Laws Establish't in theise his R. H"
Territoryes & dominions, These are to require all officers
of Townes or others whome this may Concerne that they
Cause y? Lawes prohibiting ye abuse of selling Liquor to
ye Indians to be put in Execution & that ye best course be
taken to restraine these Exorbitances they are thereby
subject unto, & also that y? Indians be not suffered to
Powow, but y? Laws in that Case be also followed, with this
Provisoe that such $sons who Imploy Indians in their
whaling designe may haue libertye to giue them Encour-
agem' by affording them some small quantityes of Stronge
Liquor for their releife & that it be done w'!1 Such modera-
tion that no disord' or abuse do come thereby; Likewise
that y? Indian Sachems of Shinnacock & Meantaukett
haue some priviledge more then ordinary Concerning y?
Receiving or disposall of y? like Small quantityes of Liquors
to such Indians as they thinke deserve well of them. Given
undr my hand at ffort James in New Yorke in y? 22*-h yeare
of his Maties Raigne AnnoqJ Dm 1670.
[Francis Lovelace.]
464 Province of New York [Xx°ix]
7 The Governor Lre to Mr John Mulford,
(HYSL) Mr Thomas James & M? Jeremiah
Conckling at East Hampton.
Gent.
1670/1 i*he Governo' hath received yo' Lre by y? hands of M'
Jan. 5 ,
Cooper, wherein yo? intimate what conclusion yo" haue
made w*!1 y' Indians for whome yo" were Suretyes to y?
Com1?. He hath also ^iused y? Copy of yo^ Indian
Deed for a ^cell of Land made over to yo" in satisfac-
tion for what yo" haue disburst for them, for wc^ deed
yo? desire his Hono" Confirmation & that it may be
Recorded ;
The Governor having advised w*.h his Councell upon this
& other matters from yo* parts hath beene pleased to giue
me ord* to retorne yo" an Answer, that he is well satisfied
w'.h y* Conclusion yo" haue made w*!1 y? Indians & also
that I should take a Copy of yo^ Deed to haue it Recorded,
but desires since there are Com1? w1!1 yo"? appointed for y?
Indian Affaires that they should certifye unto him y? nature
& Extent of y? Land made over to yo" by y? said Indians w1!1
an Attestation of their free consent thereunto that hereaft'they
may haue no Cause of Complaint that they haue beene Con-
strayned to parte w*!1 their Land against their Will, Not that
there is y? least distrust of yo^ integritye in this or any other
matters, but yo" being y? persons cheifly concerned it will
be more regular to haue a Certificate about y6 same from y?
oth' Com1? no way related thereunto then from yo'selfes,
y? w°.h being done you may haue what furthr Confirmation is
requisite, ffor othr matters wherein yo1? left a lattitude for
M' Cooper to Act as about restraint of selling Liquors to
y? Indians & such oth? matt1? he hath y? Severall ord1? there-
upon, & will acquaint yo? what y? Governo? hath done
therein.
Collateral and Illustrative Documents 465
His Honor intends to Answer M' Mulfords Lre, & what c- A-
2 : 027
Mr James adds at y? lattf of yours more ^ticulerly, So I (HYSL)
conclude leaving yo" to the Protection of y? Almighty & l6?0/x
remaine J"1- 5
YoT Very humble Serv'
Matthias Nicolls *
New Yorke
Jan1? 5^ 1670.
An Ord' concerning y? a^. A.
Shinnacock Indians. (NYSL)
Whereas I haue thought fitt to graunt & order Severall
matters relating to y? Indians of Shinnacock & Montaukett
as also concerning those imployed in y? whale fishing, &
y? abuse of selling stronge Liquors to y? Indians & their
Powowing all wc.h graunts & orders are Sent by y? hands ot
M^ John Cooper of Southton These are to require yo?
upon sight thereof that yoV forthw^ cause y? Same to be
publish't in y? Severall Townes of Southampton & East-
hampton & partes adjacent, & for what relates to y* Indians
that you desire M' James & M* Stanton or some oth" well
acquainted w1^ y? Indian Language to interpret! those
matters unto them & likewise acquaint them with my
pleasure herein, & for so doeing this shall be yo' warrant.
Given und' my hand at ffort James in New Yorke this 5t-h
day of January 1670.
[Francis Lovelace.]
To Mr John Jennings —
Marshall of ye East Ryding.
1 Written by Nicolls as secretary for Governor Lovelace.
[30]
466 Province of New York
c- A. The Com" appointed for y? Indian affaires
(IJYSL) at y? East end of Long Island, ordered to
giue an Ace* to y? Governo^ concerning
some of y? Inhitants of Easthampton.
F6eb0/8 Whereas MT. John Mulford Mr Thomas James & Jere-
miah Conckling of Easthampton did request my confirma-
tion of y? Sale of a certaine ^cell of Land by some of y?
Montaukett Indians unto them to wc.h end they desired y?
said deed might be Recorded in ye Office of Records here
according to Lawe, y? wc.h I thought good to suspend untill
I should receiue some further satisfaction therein from y?
Com™ appointed for y? Indian affaires at y? East end of
Long Island, And there being since that a Caveat desired
to be entred by Mr Thomas Backer on behalfe of y? Majo'
parte of y? Towne of East hampton against y? said Deed of
Sale as being contrary to a former order & agreement made
in y? tyme of my Predecessor Co" Richard Nicolls, & may
prove a great prjudice to y? rest of y? Townes if they should
be debarr'd of their Comonage there, These are to ord' &
appoint the Commission1? for y? Indian affaires aforesaid to
take y? prmisses into their Serious considerations & haueing
carefully Examyned into y6 Same that they giue me Account
thereof so that I may proceed thereupon according to Jus-
tice & good Conscience. Given undr my hand at ffort
James in New Yorke this 8^ day of ffebruary in y? 23th
yeare of his Mat;?s Raigne Annocp Dm 1670.
[Francis Lovelace.]
To y? Com? for ye Indian
affaires at y? East end of
Long Island.
[xxixl Collateral and Illustrative Documents 467
The Governo1? Lre to Mr Mulford. c- *•
Mr Mulford (HYSL)
I Red yo' Lre of 2I"1 of December, & I hope I haue
taken such a Course (by M' Cooper) as may satisfye yor Feb. 9
just complaint touching y? Exorbitance of y? Indians, &
truely if you reflect but on y* power I haue invested you
togeth' w4.11 y? rest of y? Com™ for y? Indian affaires, yo"
will then conclude, that I should rath' expect to heare of y?
Indians conformitye to yo' orders, as to dispose them to a
better temper of life then to heare any Complaint of yours
to y? contrary since I haue invested yo" w1.11 power sufficient
to Exact an obedience from them, but I hope all things are
now to your satisfaction as to that perticuler.
I was since sollicited by M' Topping in an affaire that I
thought I had likewise taken care for, concerning y? Two
Indians that Mr Cooper p-tended to apperteyne to him by
precontracts, I must confesse (though as you may well
imagine) I was much in y? darke and so likewise y? rest of
my Councell, as to an affaire of this distance, yett my care
was so circumspect as not to lessen y? former authoritye I
had invested you & y? Com1? wth, that I resolved to referre
y. matter wholly to your consideration & to extend that
Justice as yo" conceived most effectuall. The businesse
therefore as then so now lyes before yo" to determyne, to
wch Mr. Topping chearfully Submitts, & therefore I recom-
end it wholly to yoV, The occasion as is alleadged
of M' Topping's taking this paines of a Journey hithr,
was that y? ordr whereby y? Com1? were desired to decide
y? difference betweene him & Cooper was not product,
wch so soone as he ^used y? Record of it, he see'md to be
so satisfyed w4.h it. that he never would haue taken so fruit-
lesse a Journey had he had but a sight of it there To wch
direction & order I haue still referr'd, & therefore Expedite
ye difference as speedily as may be.
468
Province of New York
C. A. Whils't I was dispatching him to his satisfaction I receiued
(HYSL) anothr Lre from yo" of y? first of ffebruary 1670, wherein
, you seemed to Complaine as if yo" feared you might be mis-
Feb. 9 represented to me by MT. John Topping (& likewise for w0?1
I am indebted to your freindship) that I was traduc't by
him, as if I had graunted out an Execution before both
partyes were heard, T'is true yo" apprehended it rightly
when it was so answer'd that that was false, for yo"
know my order was not in y? nature of an imediate Execu-
tion, but w*.h a reservation to y® determination of y* Councell
for y? Indian affaires to wc.h I still referre him, chusing rath'
to incurre y? censure of a remissnesse, then in that where I
cannot make a cleare demonstration (by my determination)
an injustice to eith' partye, & therefore left y" whole affaire
as I found it to yo" who being on ye place had better opper-
tunityes to discover y? subtiltyes of it, then I with all my
assistance could do, having now declared so much I can add
no more to this perticuler, but it lyeing before yo" that you
prosecute y? Scope of that order M? Cooper brought to you,
& to determyne as (I am confident yo? will) with Equity &
Justice.
I haue likewise sent yo" my resolution concerning yours
& M' James purchase of y? Indian land but in regard it
has mett with fresh oppositions from your Towne, I desire
that matter may be a little Suspended till I haue y? opper-
tunitye (God willing) to visitt those parts & then I doubt
not but to compose all affaires so as shall be to mutuall satis-
faction, till then I must desire yo' patience, I haue onely to
add this (it being y? Subject of yo- last Letter) that Mr
Topping has not deliuered any thing to me concerning
yor ^son but what Savoured much to yo' worth & reputa-
tion Contend me kindly to Mr James & Excuse my not
wryting to him, being resolved before longe to visitt him.
Collateral and Illustrative Documents 469
I haue no more but my kinde respects to all or freinds & ££y
desire yo? to beleive that I am (HYSL)
YoT assured freind /x
F. L. Feb. 9
ffort James
Q^offFeb^
1670.
The Governor Ratificacon of y* Agreertf
made between Mr John Mulford, Mr
Thorn: James &c: wth some Indyans
touching a certaine parcell of Land.
Whereas there was an Agreem' made bearing Date y8 first
day of December 1670. between Mr John Mulford Justice
of ye Peace, Mr Thomas James Ministf & Jeremy Concklyn
Inhabitants of East-Hampton on y" one part, & severall
Indyans on ye behalfe of themselves & their Associates, y* Pro-
prieto" of y" Land at Meantaukett on y" other part, touching
a certaine parcell of their Land, the which y8 said Indyans
had convey'd & made over unto y" said Mr Mulford & Com-
pany upon y" Considerations in y* said Agreem' sett forth,
All wch was returned unto mee wth their Request that y*
Agreem' might bee Recorded, & my Confirmacon had
thereupon, but for some Reasons for that time was suspended
untill Certificate was made unto Mee by the Commission^
for ye Indyan Affayres in those parts, That all Obstructions
& Objections against ye Agreem* afores? were removed, &
that there was a right Vnderstanding on all parts had there-
upon; These Presents therefore Certify & Declare, That
the Agreem1 of Purchase made by the aforenamed Mr John
Mulford, Mr Thomas James, & Jeremiah Conckling with
the Meantaukett Indyan Proprieto" aforemen coned, re-
470 Province of New York
6; E- turned into ye Office of Records here, is to all Intents &
(NYSL) purposes of fforce & valid according to ye Condicons therein
sett forth, & I doe hereby allow of & confirme ye same,
May 3 against all other pretences whatsoever. Given under my
Hand & Scale at Forte James in New Yorke this third day
of May in y8 23th yeare of his Ma*!"3 Reigne, Annoq3 Domini
1671.
[Francis Lovelace.]
f ¥J>
4.'20* A second Lycence granted to John
(HYSL) Laugh ton of Southton to sell some
Liquors or Powdr to y6 Indyans.
Al67i Whereas John Laughton of South-Hampton upon Long
Island hath formerly had a Lycence from mee for the selling
some small quantity of Liquo" and Powder to the Indyans
there, to ys end they might be y6 more helpfull to him in ye
Whale-ffishing (wherein hee is a Partnr) & in clearing some
Grounds for him, y6 Date of wch Lycence being now expired,
and it appearing not hitherto that hee has any wayes behaved
himselfe incivilly in that Employ; These are to Certify all
whom it may concerne that I have againe given Lycence to
the said John Laughton to make Sale or payment for Worke
to f said Indyans upon y6 Acco^ aforesaid in Liquo" or
Powder; Provided ye quantity of Liquore be not above foure
Anchors, nor Powder more then fourty or fifty pound, and
that it noe wayes tend to y6 breach of the Lawes or disturb-
ance of y6 publique peace. This Lycence is to continue
for one yeare after y6 Date hereof, and noe longer. Given
under my Hand at fforte James in New Yorke this
day of August. 1671.
[Francis Lovelace.]
Collateral and Illustrative Documents 471
Commission for Cap^ John Howell ®; **•
to be a Justice of y* peace in (HYSL)
y* E. Riding of Yorkshire &c:
Francis Louelace Es<$ &c: Whereas I have conceived a Q$\S
good Opinion of y* Ability & Integrity of you Cap' John
Howell of Southampton in y" East Rideing of Yorkshire
upon Long Island for the carrying on of Publiq? Affayres, I
have therefore thought fitt to Constitute & Appoint you to
be a Justice of y" peace of this Governm? within y" Rideing
aforesaid. Giveing you full power and Authority to Exe-
cute all such Lawes as already are, or hereafter shall be made
for y" good Governm* of these his Royall Highness his Terri-
toryes; Hereby willing & requiring you to discharge your
Duty as a Justice of y* peace ought to doe, and to observe
such Rules & Instructions from time to rime as you shall
receive from mee concerning the same. And all other
Persons within this Government are hereby strictly Charged
& required to take Notice hereof, and to beare respect and
give Obedience unto you in y6 performance of yor Office of
a Justice of peace appointed by Authority of his Royall
Highness. And this Commission is to bee of fforce for one
whole and entire yeare after the Date hereof. Given under
my Hand & Scale at Forte James in New Yorke this i8th
day of Octob? in y6 23th yeare of his Maties Reigne. Annoq}
Dm 1671.
ffran: Lovelace
An Ordr about Whales. »: *•
4 • 3
(HYSL)
Whereas I am given to understand, That there hath been 1672
great Abuse by y" neglect of y8 Officra of severall Townes
472
Province of New York
[xx°i'xj
G. E.
4:123
1672
May 2
upon Long-Island in not makeing Enquiry into or securing
(NYSL) his Royall Highness his part of Drift Whales or Great ffish
cast upon y6 Beach or Shoare according to ye Directions in
ye Law, the wch other persons prsume to Engross without
rendring any Acco*; ffor y6 prvention thereof for the future,
and better securing ye Dukes Interest therein, I have thought
fitt to Constitute and Appoint, & by these Presents have
hereby Constituted and appointed Mr Wm Osborne, & Mr
Jn? Smyth of Hempstead to make strict Enquiry either by
Indyans or others, of all such Drift Whales or great ffish as
shall bee cast up on the Beach or Shore between ye Bounds
of y* Towne of Seatalcott Eastward, & y6 utmost part of
the Lymitts of Gravesend or Coney-Island Westward; And
if any such Whale or Great ffish shall bee at any time found,
that they give an Acco* of and secure his Roy" Highness his
Interest and part of them as in ye Law is sett forth; And
y" said Wm Osborne & John Smyth shall bee solely employed
herein for and dureing ye space & Terme of [blank] ye ares;
They behaveing themselves therein according to y6 Trust
reposed in them, And for what they shall lawfully Act or
Doe in the Premisses, This shall bee to them a sufficient
Warrant. Given under my Hand at Forte James in New
Yorke this 2d day of May in y8 24th yeare of his Ma?!es
Reigne, AnnoqJ Dm 1672.
[Francis Lovelace.]
G. E.
4:159
(NYSL,
An Ordr. for Regulating ye Abuse of
selling Liquo" by y6 small Meas-
ure, us'd by some at Soutnton.
July2* Whereas Comp*1 hath been made unto mee by Zorobabel
Philips who for severall yeares hath kept an Ordinary or
[xxixJ Collateral and Illustrative Documents 473
House of Entertainm' for Strang™ in ye Towne of South- <»• E.
ampton in the East Rideing of Yorkshire upon Long Island, (ifYSL)
for y° which hee hath a Licence from y6 Court of Sessions,
& hath therein behaved himselfe conformable to the Lawes July 4
in that behalfe sett forth, That diverse of his Neighbours
haveing noe Lycence or Toleracon at all soe to doe, doe
presume to sell Strong Liquo" by y* small Measure contrary
to the Lawes in such Cases provided; These are to require
ye Offic™ of y" said Towne of Southton, That they fore-
warne any such Person for y* future to sell any Strong
Liquo™ otherwise then in y* Law is allowed, under y* penal-
tyes therein sett forth, to bee immediately Levyed upon y"
Breakers & Infringers thereof. Given under my Hand at
Forte James in New Yorke this 4th day of July 1672.
[Francis Lovelace.]
Lycence granted to Zorobabell Philips of
Southton to sell Liquo" to ye Indyans.
Whereas Zorobabell Phillips of Southton in y6 East Rideing 1672
of Yorkshire upon Long-Island being engaged wth some of
his Neighbo" as a Sharer in y6 Whalefishing Designe, hath
requested my Lycence that hee may bee permitted to sell
some small quantity of Liquo™ to such Indyans as may bee
usefull unto them in carrying on of that worke, without
whose help or Assistance therein, they finde it very difficult
to goe on; These are to Certify all whom it doth or may con-
cerne, That I have given Lycence to y* said Zorobabel
Philips to sell some small quantity of Liquo" to those Indyans
that shall bee employed by him or Company in y* said
Designe for ye space of one yeare after y6 Date hereof;
474 Province of New York [xxix]
G- E- Provided it bee done wth such Moderacon, that noe Abuse
(NYSL) bee committed thereby, w°h may occasion Disturbance
amongst the Christians or Indyans, nor any just Cause of
July 4 Complaint from the Neighbourhood. Given under my Hand
at Forte James in New Yorke this 4th day of July 1672.
[Francis Lovelace.]
[Licenses to sell Strong Drink to Indians.]
)
Novem: 2Ot.h 1672.
Nov72o Commission granted unto John Laughton & John Jen-
nings to sell Liquo™ to y6 Indyans in Southampton, & parts
adjacent, both joynd in one Commission, running after y6
forme of that Commission granted to Jn? Laughton in
Anno 1669.
The like to Edward Petty for Southoid.
The like also to Wm Perkins for East-Hampton.
Memoranda That John Cooper may have Lycence to
furnish his Indyans wth a Gyll of Liquo1? now & then as
occasion shall require, placing it to y6 Acco* of part paym*
of their Wages.
9:£'3 [Commission to Capt. John Howell.]
(HYSL)
Eodem die-viz* Novem: 20™° 1672.
Hov?ao Commission granted, for Cap* John Howell to bee Justice
of peace of y6 East Riding of Yorkshire for one yeare longer
Collateral and Illustrative Documents 475
Liberty given to Jn? Cooper to employ some G; E-
strange Indyans in y* Whaling Designe. (KYSL)
Vpon ye Request of John Cooper, that hee may have Liberty R*^7 * g
to employ some strange Indyans in his Whaling Designe, if
hee shall see occasion as well as those other Indyans belong-
ing to the Towne, wth whom hee hath already contracted,
there appearing noe Inconvenience therein, I doe approve
thereof notwithstanding the Townes Order to y° contrary,
provided others bee not debarred of the same Priveledge, if
they shall see cause to make use thereof. Given under my
Hand at ffort James in New Yorke this 28th day of Novem:
1672.
[Francis Lovelace.]
A Confirmacon of an Ord? made at y* East G- Ei
* 4 : 236
end of Long Island about Whaling.1 (ifYSL)
Whereas there was an OrdV made at a Towne Meeting in _l672g
Southampton upon y° second day of May last relating to
ye Regulacon of the Whale fishing, & employm* of the
Indyans therein, wherein particularly it is menconed, that
whosoever shall hire an Indyan to goe a Whaling, shall not
give him for his Hire above one Trucking Cloath Coat for
each Whale hee & his Company shall kill, or halfe the
Blubber without the Whalebone, under a penalty therein
exprest; Vpon Consideracon had thereupon I have thought
good to allow of ye said Order, & doe hereby confirme the
same untill some Inconvenience therein shall bee made
appeare; And doe also Order that the like Rule bee follow'd
1 There is also a copy of this confirmation, without material variation, in
New York Colonial Manuscripts, vol. 22, p. 143, endorsed " John Coopers
Papers 1676."
476
Province of New York
G; E- at East-Hampton, & other places, if they shall finde it prac-
(HYSL) ticable amongst them. Given &c: Novembr 28^ 1672.
1672
Nov. 28
[Francis Lovelace.]
G.E.
4:265
(HYSL)
1672/3
Feb. 26
Licence for Jn? Cooper to sell small
quantities of Liquo" to the Indyans.
Whereas it was referred to some of ye Councell & y6
Justices of the peace at the last Court of Assizes, to consider
of some Orders, & Rules to bee observed as to the hiring or
making use of Indyans in the Whaling Designe at the East
end of the Island, & particularly as to John Cooper what
proportion of Strong Liquo^ hee might bee permitted to
allow his Indyans upon that Employm*, who thereupon
represented unto mee, that it could bee noe prejudice, if
hee did furnish any of them wth a Gill of Liquo" now &
then as occasion should require, placing it to the Acco* of
their Wages, in part of paym* of the same, I doe very well
approve of what was then represented concerning the same;
of which the Justices of peace, & other Officers are to take
notice, soe that the said Jn? Cooper hath the afores? Prive-
ledge, hee suffering noe Disorder to arise thereby amongst
y* Indyans. Given &c: this 26*h day of ffebruary 1672.
[Francis Lovelace.]
To all whom this may Concerne.
O. E.
4:281
(NYSL)
1673
Apr. 24
A Warrant to reinforce a Commission
granted unto Wm Osborne & John
Smith of Hempstead about Whaling.
Whereas I gave a Commission ye last yeare unto Wm
Osborne & John Smith of Hempstead for a certaine time
Collateral and Illustrative Documents 477
to have the Charge & Care of looking after & securing all ®'a|-
Drift Whales that should happen to bee cast on the South- (HYSL)
parts of Long Island within the space in the said Commis- ,
sion limited, It being for the prvention of Abuses that had Apr. 34
often been practized, diverse persons finding such Drift
Whales having cutt them up & kept all the Proffitt to them-
selves, deceiving his Royall Highness of his Dues, & at
other times it being noe particular Persons Charge, such
Drifts were neglected, soe both the Duke & Countrey had
a Losse thereby; And being since given to understand that
other Persons take upon them y* said Charge of looking
after Drift Whales, giving noe Acco* of the same, nor taking
Notice of my Commission; These are to require all Persons
whom this may Concerne, That they bee Ayding & Assist-
ing unto ye said Wm Osborne & Jn? Smith in prosecuting
their Commission; And if any Person by Accident doe heare
of or finde such Whales within ye Lymitts in their Commis-
sion specifyed, That they give Notice to y° said Persons
thereof, who are obliged to take Care about it, soe that the
Duke bee not deceived of his Dues; wch if every Person take
it upon them may too frequently bee done; And for what y"
said Wm Osborne & John Smith shall lawfully Act & Doe
in prosecution of their Commission for the rime & Terme
aforesd this shall bee to them sufficient Warrant. Given
under my hand &c: Aprill ye 24th 1673.
Franc: Lovelace
To all Justices of y" Peace, Constables, &
other Offk1? to whom Applicacon shall
bee made upon this Ace*
478 Province of New York [xxx]
No. XXX.
FLUSHING, HEMPSTEAD AND JAMAICA— PRO-
TESTS ADJUDGED TO BE SCANDELOUS,
ILLEGAL AND SEDITIOUS; BOUNDARIES.
• [Indian Deed to Jamaica.]
(Sec*. State)
Recorded for the Towne of Jamaica,
the 5?h day of March i66|
^*3/4 Know all men, whom it may any wayes concerne, That wee
— whose names are under written, being the true owners of a
1667/8 Tract of Land, lying on the North side of this Towne of
'"' 5 Crawford, alias Jamaica, the said Tract of Land, being
commonly called the Hills, I say being the true owners of
the said Land, which is Bounded on the South side wth the
Towne of Crawford aforesaid, on the East side with the
mark't Trees, betwixt the Create Plaines and the little
Plaines, and so to rune North a Mile or more, over the Hills;
The North Line or Bounds, to rune a Mile or more over the
Hills, and so to rune west, or there abouts, till it meete
with flushing fresh Meadowes, and to run close to the South
end of the said Meadowes, and to keepe his Course close to
the South end of Mr Doughtyes Swampe, commonly so called,
and from thence to rune to the head of flushing Kills or
Meadowes, at the head of flushing River, which shall bee
the west Bounds of the said Tract of Land, runing thence
South to the Bounds of Crafford, by former Purchase; I
say wee Subscribed do for our selves, our heires and Succes-
so" or any other that shall pretend Clayme there unto, fully
Collateral and Illustrative Documents
479
Sell and make over, unto the Inhabitants of the Towne of
Crawford, all the Lands contained within the said Bounds, (Sec. state)
with all Priviledges and Appurtenances belonging there
unto, for the Inhabitants of the Towne of Crawford above Mar. 19
said, their Heires and Successor5 to hold, Possesse and Enjoy Recorded
for ever; That this is our Act and Deed, wee testify by Sub-
scribing our hands, this 19th of March l66f
Subscribed before
Daniell Denton
Andrew Messenger
his X Marke.
Tackpowshe X
Sawascung X
Sawase X
Wamitawpak X
Hecomeack X
Mahakik X
Wigkwam X
Tuckquince X
Rockance X
Aramohor X
Romosowe X
his Marke.
his Marke.
her Marke.
his Marke.
his Marke.
his Marke.
his Marke.
his Marke.
his Marke.
his Marke.
his Marke.
Flushing
Hempsteed
At the Generall Meeting of the Deputyes D«ed8
of Long Island, held before the Governour (Sec. State)
at Hempsteed, March the 2d 1664.
It is this day Ordered, That a Parcell of Lands shall bee
sett out for the Towne of flushing, beginning at the head of
Mathew Garretsons Bay (which by computacon is to bee
interpreted, the middle of the Bay) and to runne South
East about three Miles in Length, and in Breadth about
two Miles; And that some -Persons bee appointed by the
480 Province of New York
Deeds Townes of Hempsteed and flushing, at the Charge of the
(Sec. State) said Towne of flushing, within [blank] dayes after the date
,, hereof, to view and sett forth the same; And within the
Mar. 2 space of [blank] dayes after such Lands shall bee so viewed
and set forth; The said Towne of flushing shall returne to
the Towne of Hempsteed, an Answer of their Acceptance or
refusall thereof.
The Towne off Flushing Accepted of the offer made them
by their Neighbor5 the Towne of Hempsteed.
At a Generall Meeting of the Deputyes of
(Sec. State) Long Island, held before the Governour
at Hempsteed March the 2? 1664.
Flushing )
Jamaica j
h is tms day Ordered, That a Lyne shall bee drawne to
runn through the middle of the Hills in Controversie betweene
the Townes of flushing and Jamaica, East and West, par-
rallel with the Lyne of flushing, which shall bee the Bounds
of Each Towne; And in regard the Towne of Jamaica hath
disburst to the Natives for their Interest, the Sume of Thirty
pounds for the Purchase of the said Hills, And it appearing
not, that the Towne of flushing hath paid any moneys, or
given any Satisfaction to the Indyans for the same; The
Towne of flushing shall therefore pay or Satisfy, the one
moyety of the said Purchase money, to the Towne of Jamaica,
and so each place shall enjoy their respective proportions of
the Hills aforesaid, divided by y6 Lynes above mentioned,
in Common or other wise, as to either of them shall seem
good.
Collateral and Illustrative Documents 481
At the Generall Meeting of the Depu-
tyes of Long Island, held before the (Sec. State)
Governour at Hempsteed the 3d day
Jamaica ) of March 1664.
Hempsteed j
Whereas the Towne of Jamaica, doth lay Claime to the 1664/5
TVfnr ^
little Plaines, which the Towne of Hempsteed alleadge to
bee within their Pattent, Now in regard the said Towne of
Jamaica, have for nine yeares past, enjoyed the said Plaines
without molestacon, and cannot subsist without them,
Neither is it knowne whether they are within the Bounds
of Hempsteed Pattent; It is this day Ordered, That the lyne
of Hempsteed Bounds, being drawne from the head of
Mathew Garretsons Bay (which is to say the Middle of the
said Bay), to runn directly to the South Sea, what part of
the said little Plaines, the said Lyne doth not comprehend,
to bee within y" Bounds of Hempsteed, shall bee and remaine
to the Towne of Jamaica, and if any part thereof shall bee
within the Bounds of Hempsteed, in regard they are Suf-
ficiently provided, and Jamaica hath great Necessity thereof,
Upon Neighbourly and moderate Termes, the Towne of
Jamaica shall likewise bee posses't thereof, by Sale or
Assignm* from the Towne of Hempsteed.
At the Generall Meeting of the Deputyes
of Long Island held before the Cover- (Sec. State)
Jamaica. ^ no' at Hempsteed Mar°:h 6: 1664
New Towne.
fflatt Lands,
fflatt Bush.
Brookland.
It is this day Ordered, That the ffly Lands or Meadowes
in controversy, betweene the severall Townes of Jamaica,
[30
482 Province of New York
Deeds New Towne, fflat Lands, fflattbush and Brookeland, shall
(Sec. State) be Surveyed, and two able men are to bee appointed out of
each Towne to take a strict view, what Meadow Grounds
Ma* 1 they have respectively been supplyed with, for three yeares
last past, and in case of non Agreement there upon amongst
themselves, they shall Choose one Person to bee their
Umpire, and what shall appeare to bee over and above the
Proporcon of Meadow Grounds so made use of, in the time
aforesaid, shall bee Alotted to those Townes who shall bee
adjudged to have the greatest Number of Cattle, and the
most need thereof.
Richard Nicolls.
Mr Coutilleau to lay out the Bounds
(Sec. state) of Hempsteed, Jamaica &c.
1665 Whereas at the late Generall Meeting at Hempsteed, after
much debate, and mature deliberation thereupon, There
issued forth severall Orders to determine the Bounds in
difference betweene the Townes of Hempsteed and flushing,
Hempsteed and Jamaica, and flushing and Jamaica; These
are to Appoint and Authorize Jaques Coutilleau of New
Utricht, and y" said Jaques Coutilleau is hereby Appointed,
according to his best skill and knowledge, upon the last
Tuesday of this instant Moneth, to Survey and lay out the
Bounds and Limitts of the respective Townes, according to
the directions in the said Orders expres't, And the Inhab-
itants of each Towne, are to bee thereby concluded, Given
under my hand at ffort James in New Yorke this I Ith day
of Aprill 1665.
Richard Nicolls
Collateral and Illustrative Documents 483
Instructions for y* Surveying of y* Deeds
South Meadowes on Long Island. (Sec. state)
In pursuance of the Order made at the Generall Assembly l666
at Hempstead in March 1664, And to the end that an Exact
Survey bee made of y" South Meadowes, for the accomo-
dacon of the five severall Townes therein concern'd, that no
controversy may hereafter bee continued, I conceive these
following Instructions necessary.
I?1 That Mr James Hubbard, and Jaques Coutilleau, at
ye Charge of the five Townes, bee Employed to take an
Exact Survey of the said Meadowes, in manner following.
2?ly That the Survey begin from the Bounds of Hemp-
steed Meadowes, taking them as they lye.
3dly That by the Judgm* of those who are prsent, the
goodnesse and the meanesse of the Meadowes bee concluded
and put into writing, that a further judgment and compu-
tation thereof, may bee made.
4*"y That the Meadowes bee Staked and Parcelled into
Divisions of 20, of 30, and of 50 Acres, by which Proportions
BO laid out, the Bounds of the said Townes, may bee more
Easily knowne & distinguis'ht.
,-thiy Tnat being upon the place, speciall notice bee
taken in writing, what Meadowes ly most conveniently to
Supply the necessityes of each Towne, with least trouble of
passing the Creekes.
6'^ly That a breviate bee taken, what proportion of Mead-
owes, every Towne pretends unto, either by Purchase or Patent.
jMy That in case the severall Persons appointed from
the Townes, can upon the place, Agree to their severall
Divisions, as they fall out upon y? Survey, I shall bee con-
tented to ratify the same, when 'tis brought in Writing before
mee; but if they cannot Agree amongst themselves (wch I
suspect) then follow all ye Ist Points of my Instructions,
484 Province of New York
Deeds an<J remitt y* whole Survey, and your animadversions upon
2:40
,,, and y* particulars herein contain'd this shall bee yor War-
June 2 rant; Given under my hand in ffort James the 2* day of
(Sec. State) the Meadow, to my further directions; for ye doing whereof,
and y6 par
rant; Givei
June 1666.
Rich? Nicolls.
To Mr Mathias Nicolls
Secretary.
Deeds A Letter written to Mr Denton,1 and to
(Sec.' state) y6 Constable & Overseers of Jamaica.
1666 I have reed an Account from Mr Nicolls, of what past at
yor Towne, in relacon to the intended Survey of the South
Meadowes, And having this day taken a View of the Survey,
heretofore made byMr Jaques Coutilleau,of all the Meadowes
from the fourth Kill, or Eastern part of Sellers Neck West-
ward to Stromme Kill, and also your Paper wth the division
of your Meadowes, into particular Lotts, whereof three
onely of 50 Acres are laid out, upon Sellers Neck, I have
thought fitt to Signify unto you, That I shall bee ready to
Confirme unto your Towne, all the Meadowes as they are
now laid out, from Hempsteed Bounds, to include the said
50 Acres on ye West side of the Haw Trees, And to prevent
any further Contests, that the remainder of the said Neck,
shall here after bee and remaine to y6 use and accommodation
of ye Inhabitants of New-Towne and Brookland, To w°h
determinacon, your imediate Answer and Consent is expected
by this expresse, that matters of this nature, may no longer
bee held in Suspence.
Your very Loving ffriend
Rich? Nicolls.
New Yorke, James ffort,
the 5 day of June 1666.
1 Daniel Denton.
[xxx] Collateral and Illustrative Documents 485
The Declaration of v^ severall Justices c- *•
. . 3 : "53
of y? Peace concerning y^ said Libells. (HYSL)
Wee his Ma1'" Justices of y" Peace w^in theise his R. _ lfi7°
J Dec. ai-aa
H5? his Territoryes & Dominions being assembled togeth?
according to y* Lawes establish'! at ye Court of Sessions held
at Gravesend for y* west Ryding of Yorkshire upon Long
Island y? 21th & 22*-h days of Decemb' 1670. being assisted by
some of y6 Governo1? Councell & likewise of o* brethren of y?
North Ryding, having had y? %} usall of Three papers prsented
at y6 Court of Sessions at Jamaica y? weeke before from
& in y? name of y* Townes of Flushing Hempsteed &
Jamaica, Upon mature deliberation & consideration had
thereupon, Wee haue unanimously concluded & adjudged,
That y? said Papers are in themselues false scandalous ille-
gall & seditious tending onely to disafect all y? peaceable &
well meaning Subjects of his Ma1'" in theise in his R. H"
his Territoryes & dominions, & do declare this to be our
Sentiments & opinions, y? w0.1' we humbly represent to his
Hono!" y* Governor & his Councell to proceed upon it as they
Conceive shall best tend to y? Suppression of Such mis-
cheifs as may Arise by y* Impression of false Suggestions &
Jealousyes in y? myndes of peaceable & well meaning Sub-
jects from their Just dutyes & obedience to y? Laws wthin
theise his R. H"? his Territoryes & Dominions, And this we
humbly p'sent attested undr our hands.
An OrdT for y? Libells drawne c. A.
up by y*r Townes of flushing
Hempsteed & Jamaica to be
publiquely burnt.
Whereas at y? last Genr"' Court of Assizes held at New '670
J Ucc* 3
Yorke, amongst many things there propounded & concluded
on, It was thought requisite for y* welfare & safety of theise
486 Province of New York
C- A. his R. Hs? his Territoryes & Dominions, that y? ffort wthin
(HYSL) this Citty, being fallen to ruin by reason of y? decay of y6
Pallisadoes should be taken into consideration & repaired,
Dec. 29 And that y? Justices of y? Peace at their next Courts of Ses-
sions should consult & conclude of y? ways & meanes whereby
that worke should be put into Execution, to ye ease & satis-
faction of y* Inhabitants, who then were to be acquainted
wtl? what was then determined to be y? most Equitable
way. But so it is that three Townes undr his R. Hs? his
Dominions That is to say flushing Hempsteed & Jamaica,
having called each of them a Towne meeting before y* matter
was recomended to them from their respective Justices of
y? Peace und? whose Rydings they apperteyne & having at
their said Towne meetings drawne up seuerall papers, ye
wc.h they p'sented to ye Justices of y? peace at y6 Court of
Sessions held at Jamaica, who fusing ye Said papers they
appeared in themselues so false scandalous & seditious that
it was thought requisite to recomend y? consideration of ye
said papers & libell to y? next Cort of Sessions to be held
at Gravesend, To y? end that all or most parte of y* Justices
being there mett might take ye meritt of those Scandalous
Papers into their Considerations, wc.h being accordingly
^fourmed, Upon mature deliberation & consideration had
thereupon they did unanimously conclude & adjudge that
y? said papers were in themselues Scandalous illegall &
seditious tending onely to dissafect all y? peaceable & well
meaning Subjects of his Ma*'.6 in theise his Royall Hs.s his
Territoryes & Dominions & thereupon declared, That this
their resolution should be so prsented to ye Governor & his
Councell to proceed upon it, as they should conceive would
best tend to y? Suppression of such mischeifs as might arise
by y? Impression of false suggestions & Jealousyes in y?
myndes of peaceable & well meaning Subjects, from their
dutyes & obedience to y? Laws wthin theise his R. Hss his
Collateral and Illustrative Documents 487
Territoryes & Dominions Now y" Governo* & Councell c- A-
hauing taken ye whole matter of fact into their serious Con- (HYSL)
siderations, They do agree that what y? Justices haue
declared at their meeting in y*r Court of Sessions held at Dec. 29
Gravesend y? 2 1*!1 & 22^ days of this instant month, And
do adjudg that y* said Originall papers contrived & deliuered
from y? severall Townes aforementioned of {flushing Hemp-
steed & Jamaica to be both Scandalous illegall & seditious,
& y' y*r said Originall papers be openly & publiquely burned
before y" Towne house of this Citty at y? next Mayors Court
to be held there, & y* y6 principall contrivers thereof be
inquired into & proceeded agl according to their demeritts,
& ye Lawes of y? Land Establish'!, And that y? Mayor of y?
Citty be desired to publish this Proclamation & see y? con-
tents thereof put in Execution. Given und' my hand &
sealed w'?1 y? Scale of y? Colony this 29^ day of Decemb'
1670.
F. L.
Copy of y* originall.
No. XXXI.
STATEN ISLAND — LOTS LAID OUT FOR
SOLDIERS.
M' Jaques Cortilleau ordered and
appointed for y? Convenient laying
out 40. Lotts, for y" settling 2.
Towneships on Staten Island.
Whereas it is Resolved upon that Two Townships shall be 167*
setled upon Staten Island of 40. Familyes each. You are
488 Province of New York
c- A- hereby ordered & appointed forthw*!1 to repaire to y? said
(NYSL) Island, & first of all to take a view where 18. Lotts more
may be added to y? 22. already laid out, or so many as shall
Oct. 24 compleate y? said number of 40. & that it be so Contrived
that y? Lotts be not laid out stragling but neare one anothr,
w0?1 when yo" shall haue done, that yoV goe to y? great Kill,
& pitch upon y? most convenient place for a Towne there
of y? like numb^ of 40. Familyes, & having made an Exact
Calculation thereof, that yo" bring an Account thereof
unto me by Monday morning next, & for so doing this shall
be yoT. warrant. Given und? my hand this 24"? day of
Octob? 1670.
[Francis Lovelace.]
To Capt? Jaques
Cortijleau Surveyo' Genr"
An OrdT for y* Assisting & ayding of
M? Jaques Cortelijau in y6 laying out
y6 Land upon Staten Island.
Fov.7°i7 Whereas I haue Imployed & Impowred Capt? Jaques
Cortelijau to be Surveyor Gen1"!1 & to lay out y? Lotts & other
Lands upon Staten Island, according to y? Instructions he
shall from tyme to tyme Receive from me. These are to
require yo" to be ayding & Assisting unto him, & to furnish
him w*!1 what necessaryes, he shall haue Occasion of & for
so doeing this shall be yo^ warrant. Given undr my hand
at ffort James in New Yorke this 17^ Day of November
1670.
[Francis Lovelace.]
To y? Officers or any others
whome this may concerne
on Staten Island.
Collateral and Illustrative Documents 489
An Ordr from y6 Governor to Capt c-fi £•
Jaques Courtelija [«V],for the laying (HYSL)
out y* Lotts on Staten Island.
These are to require you that forthwth upon sight hereof
you repaire over to Staten Island, and according to Instruc-
tions formerly given, that you lay out the severall Lotts of
Land to compleat y* present Towne there to y* Number of
41 Lotts; & also what hath been agreed upon for ye New
Towne. And that the same may be the sooner expedited,
I have herewith sent to yor Assistance Serjeant Dowdall
& Corporall Comely; At whose returne after you shall have
compleated this Affaire, I expect from you a plaine Draught
of ye 2 Townes; and an Acco* of your particular proceed-
ings herein. Given under my Hand at Forte James in New
Yorke this 28th day of March. 1671.
[Francis Lovelace.]
To Capt" Jaques Courtelija [sic]
Surveyour Gen"
Order to Capt" Jaques Cortilleau for laying £: ^
out y* Souldiers Lotts on Staten Island (NYSL)
These are to Authorize & Require you forth-with to lay jJ^J1,
out of y6 Meadow-Ground at y* Great Kill upon Staten
Island ffive Mergan or ten Acres a piece of Land as pro-
portionably & conveniently as you can for each Lott both
at y* Old Towne & y6 New Plantacon next unto it, & like-
wise y1 you give mee Acco* of y6 Overplus, out of w°h for this
p'sent yeare I may pleasure those that have larger Stocks
490 Province of New York
C. A. wth a greater proper con for their Supply; And for what
(HYSL) you shall doe herein this shall be yor Warr* Given under my
Hand at fforte James in N: Yorke. June y6 14^ 1671.
1671
J"11' 14 [Francis Lovelace.]
I would have yo* to ascertaine ye 5 Morgan to ye new Lotts
first beginning at this side of ye great Kill, & where y8
Meadow proves insufficient to make it up in a greater
quantity.
G-J|. A Proclamation about y6 Lotts granted on
(NYSI* Staten-Island, enjoyning those persons
who have promises of Land there, to
bring in their Names to the Secretaryes
Office, and wthin a certaine time to
fence in ye same.
1671/2 Whereas Applicacon hath been made unto mee by diverse
Tan 25
Persons since my Resolucon of y6 Settlem' of y6 New Townes
& Plantacons upon Staten-Island, That they may bee
Admitted to have Lotts there, for ye wch severall of them have
my Graunts, Upon Condicon they shall improve & build
thereupon; To y* End the same may bee accomplisht,
according to ye Intent of ye said Grants, I have by & wth y°
Advice of my Councell Thought fitt to Order, Publish, &
Declare That the Names of all those that have Graunts of
New Lotts of Land upon Staten Island shall bee brought in
to y6 Secretaryes Office at ye fforte, & haveing by my Order
their respective Lotts of Land assigned unto them as they
are laid out by -f Surveyor Genr" (wth my Patents for their
Confirmacon,) Time shall bee given them untill y6 first
day of May next for ye ffencing in their Home-Lotts as ye
Collateral and Illustrative Documents 491
Beginning of their Settlem'. But whosoever shall refuse or
neglect to doe ye same wthin y* rime prfixt, their Graunts & (HYSL)
Patents shall bee judged void & invalid, & their Lotts l6_I/2
reverst to y* Governo" Disposall as hee shall thinke fitt. Of Jan. as
y6 Publicacon of this Order & Proclamacon all Persons
concerned are to take Notice, that they may bee left wthout
Excuse. Given under my Hand &c: this 25th day of Janry.
1671.
[Francis Lovelace.]
No. XXXII.
NEWTOWN — ESTATE OF JOHN COCKRAM SOLD
FOR DEBT.
An order to expose John Cockrams O. W. L.
Estate to sale. (NY!L)
Whereas John Cockram late of New Towne in y" West- Al66<)
Riding upon Long Island, hath absented him selfe from his
habitacon and usuall place of abode, having not taken any
care to discharge his Debts. And there being a Summe of
Money due from him to the Publick, which hee collected, as
hee was Constable, as also divers other debts and Engagemts
upon his Estate. For the better Securing of each persons
Intherest[j/V]. I doe hereby authorize and appoynt the present
Constable Mr Francis Doughty and Overseers, to expose to
Sale the Estate of y° Said John Cockram lyeing within
their Towne and precincts to ye best advantage and after
492
Province of New York [xxl
o. w. L. having deducted the publick debt aforemen coned to Secure
(HYSL) the remainder untill the next Court of Sessions who are to
adiudge how the residue of ye Debts Shall be paid, following
Apr. 19 the directions in the Law Sett forth. Given under my hand
att Fort James in New Yorke this 19th day of Aprill in ye
21th yeare of his Maties Raigne Annocp Domini 1669.'
[Francis Lovelace.]
C>A- A Protection Graunted to Tohn Cockram
2:523 J
(HYSL) of New Towne.
1670 Whereas John Cockram late of New Towne upon Long
Island hath absented himselfe out of this Governm' upon ye
Account of severall Debts he had Contracted for y6 payment
whereof his Estate was ordered to be sould but as yett nothing
hath beene effectually done therein whereby ye Creditors
are still unsatisfyed & his Estate goes to decay, upon y6
Petition & request of Elizabeth his wife that he may be
admitted freely to retorne to ye place of his former abode
shee proposing that in person he can bettf pay or compound
for his said debts then can by any oth? way be effected, I
haue for y6 reasons aforesaid thought fitt to give him my
protection from any wrytts warrants arreasts or Execucon he
« Francis Doughty, under this order, sold at public sale " a certaine farme
there [Newtown], belonging to John Cockram to make payment of his Debts
to his Creditors." Doughty himself secured it as the highest bidder, but
became dissatisfied with his bargain and petitioned the next general court
of assizes, in November, 1669, for a release, on account of uncertainty in the
stipulations of purchase price and manner of payment. The court granted
his request and ordered the re-sale of the farm, on December ist, following,
and that Doughty " do use his best skill & endeavour in promoting ye Sale
thereof to ye best advantage of both Creditors & Owner, & also give notice
to ye Severall Townes, of ye tyme appointed for ye said Sale."— Court of
Assizes, vol. 2, pp. 209, 220, 224.
Collateral and Illustrative Documents 493
lyes lyable to for any debt or Trespasse he is lyable to so c- A-
that he may safely & freely retorne home & take such (HYSL)
Course as is proposed wc.h protection shall continue firme fi
& so longe as I shall fynde he prosecutes y8 same to his May 6
utmost power Given und' my hand & scale at ffort James
in New Yorke this 6th day of May 1670.
[Francis Lovelace.]
To all Officers or whome else
this may concerne.
M' Elias Doughty ordered to be put c- A.
into possession of y" house & Land (HYSL)
belonging to John Cockram.
Whereas there was an Ord^ of Councell bearing date y?
24th day of February last, wherein it is Exprest, that Mr
Charles Bridges and Sarah his wife are to be invested
& to haue possession of y* Estate late belonging to John
Cockram of New Towne als Middleborough lyeing & being
in that Towne, And it appearing that they haue made over
& conveyed their Right & interest unto M' Elias Doughty
upon Considerations agreed upon betweene them, These
are therefore to Authorize & require yo" to put y* said M'
Doughty into possession of ye house land and appurtenances
lately belonging to y* aforementioned John Cockram,
any othT Clayme or p'tences thereunto notwthstanding, &
for so doeing this shall be your warrant. Given und' my
hand this 9th Day of March 1670.
[Francis Lovelace.]
To y" Constable of New Towne
ats Midleborough.
494 Province of New York [xxSSi-iv]
No. XXXIII.
HEMPSTE AD — COUNTRY RATES AND CAPTAIN
JOHN SEAMAN.
2C; *• An Ord? for ye suspending of ye Country Rates
(NYSL) of C. John Seaman: of Hempsteed.
Vpon the Request of Capt" John Seaman of Hempsteed
that he may be suspended ye paym* of his Country Rate
untill SlaughtT tyme he alleadging not to be provided w'l1
Come to giue present satisfaction, I have thought good
to accept of his proposall, provided he make payment thereof
in good Porke this next Season to Mr Bedlow whose receipt
given him thereupon shall be his discharge, In y6 meane
tyme y* Constable of that Towne is to take notice hereof y6
wch shall be allowed him in his Account. Given und' my
hand at Fort James in New Yorke y6 5th day of May 1670.
[Francis Lovelace.]
No. XXXIV.
STATEN ISLAND — ESTIENNE GAIGNEAU
JACQUES GUYON, ATTORNEY FOR JEAN
COLLYN, ABOUT LAND.
j.'Jfo Liberty Graunted to Jaques Guyon to
(HYSL) remaine for one yeare in y? place
where he now is.
Jdy°4 Whereas Jaques Guyon hath requested of me that he
may haue leaue to mowe some Grasse in the meadows neare
Collateral and Illustrative Documents 495
him where for y? p'sent he is seated for his winter provision c; *•
of Hay for his Cattle, These are to Certifye all whome it may (HYSL)
Concerne that I haue giuen him leaue as yett to Continue in
y? place where he hath begun a Plantation & do graunt him July 4
priuiledge to cutt his Hay where he desires, untill his pro-
portion of Land shall be more certainly layd out to him,
Provided he giue no disturbance in y? meane tyme to his
neighbours of y? Towne who are hereby likewise required
not to molest him in y° Enjoym* of y? p'misses, Given und?
my hand at ffort James in New Yorke this 4*h Day of July
1670.
[Francis Lovelace.]
Jaques Cortelijau & Peter Bilieu & [Layten C. A.
Walrane] to determyny* businesse betweene (HYSL)
Estienne Gaigneau & Jaques Guyon.
Whereas there is a matter in difference depending betweene 1670/1
Estienne Gaigneau late of Staten Island on y*. one parte, &
Jaques Guyon now residing there as Attorney of Jean Collyn
on y*. othr parte for & concerning y? Interest that each of
them prtends to haue upon a certaine Lott of ground upon
y* Said Island & y? Rents or profitts thereof, These are to
authorize & appoint yo" Capt? Jaques Cortelijau, Peter
Bilieu & Layten Walrane to heare & Examyne into y* Said
matter & to render me as Soone as Conveniently you can an
Account thereof und^ your hands, togeth' w1!1 yo' Judgm*
thereupon that I may make a finall determination thereof
according to Justice & good Conscience Given undr my
hand at ffort James in New Yorke this 4l.h Day of March
1670.
[Francis Lovelace.]
496 Province of New York
No. XXXV.
DELAWARE — DISTRESSED CONDITION, INDIAN
OUTRAGES AND THREATENED INDIAN
WAR, DEFENSE AND NEW SETTLERS.
2-g The Governor3 Lre to Cap'" Carr
(HYSL) S?
1670 Yo? Lre of y? 22*h instant togeth? wth y? ill news arived
my hands, & as I cannot but expresse a great sadnesse for
y? misfortune those poore people haue suffered und% so I
cannot Acquitt y? magistrates of New Castle of too much
remissonesse & security in relation to y? Indians perticulerly
in not avenging y6 last murther comitted on M? Tom's
servants the Omission of w?h may be a great inducem' to
y? Indians to perpetrate this villany they haue thus lately
Acted into w?h I would haue yo" make a narrow & zealous
discovery, I do well approue of your retorne to yo' Charge,
& though I cannot giue yo" a perticuler instruction how to
comport yo^ selfe in that affaire to w^h 1 am altogethr in y?
darke yett thus farre in Gen?" may serve for yoT. directions.
A ffirst that yo" strengthen yo' selfe in yor Garrison both to
y? reperations (in some sorte) of y? decayed works, & likewise
to y? recruite of yor men.
Next that yo" must' y6 Burgers disposing them in such
r to their watches as may secure them from any surprises.
Lastly that yo? Suinon y? Com™ & w?h them consult y?
best way to discover ye Assasines & then to proceed to a
demaund or forcing y? Indians to deliuer up y? partyes that
so they may be brought to Condigne punishm?
I haue onely this to add that you be carefull on all occa-
sions to giue me advertiser^ of yo? proceedings & how y?
Uxxv]
Collateral and Illustrative Documents
497
complexion of Affaires stand wth you that so I may apply a
tymely assistance if need require, & so I comend yo" to y".
protection of Almighty God & asure yo? that I am
Yof Loving freind
ffort James 2^h August 1670. F. L.
I haue satisfyed y? messeng* according to yo^ desire Now
y? harvest & othr publique work is done ye Peasant will be at
Leasure to assist yo" wth workmen to repaire y? ffort
My service to all w'h yo"
[Propositions from Carr and others about Fortifications at
Delaware.]
Translation:
ac.'-Ag
(HYSL)
Op d. propositie van d?
H : Capt: Caar aen d. Keren
Hooge Raden, dat een be-
quame plaets haer in Niu
Castel mach uijt gesien
werde, om eenige fortificatie
tot deffentie in tijt van noot
te hebbe. Als meede dat
bouen Christina Kil oock
een bequame plaets mach
uijt gesocht werde, om in tijt
van noot tot een toevlucht,
om haer vast te macken e
deffenderen/
Op welcke propotie is
geantwoort e resolueert
I : Dat de bequamste
plaets in Niu Castel, wert
geacht op d. Marckt daer de
On the proposition of the
Hon. Capt. Carr to the Hon.
High Council that a suitable
place may be selected in New
Castle where the people can
have some fortification to
defend themselves in time of
need; and also, that above
Christina Kil another suita-
ble place may be chosen, to
serve in time of need as a
refuge, where the people can
fortify and defend them-
selves/
On which propositions it
was answered and resolved:
i: That the most suitable
place in New Castle for a
place of defense [consisting]
Aug. 24
(HYSL)
Dutch
1670
Oct. 5
498
Province of New York
r M°- i
LxxxvJ
Col. MSS. klock hangt, om den diffen-
20: ii
(HYSL) tiue plaets te macken van
block huijssen, in alsulcke
1670 formen te ordonneren als
bequamst sal geacht werde;
mits dat H: Capf Caar de
grant daer toe vereijschende
euiglick sal quiteren, sender
eenige act[ie] daer meer aen te
behouden. Belangende de
bekostinge e arbeit van de
vorseijde vastigheit, e Block
Huijssen, Sullen voor eerst
de borgers van Niu Castel
Jder naer sijn qualiteit e
Staet in verschot wessen van
penningen, om de arbeits
luijden te befallen, mits dat
de inwonders in deese Juris-
dictie bequam tot alsulcke
arbeit, sullen gehouden wes-
sen te arbeijden, naer gele-
gentheit van Sacke/
2: Belangende d. fortifi-
catie bouen, wert gelatten in
discretie van d. H: bouen,
om op d. bequaemste plaets
of plaetsen, tot haer def-
fentie te ordonneren/
3 dock alles mit desse in-
sichten het tot gheen orloge
Comt mit de Natturellen,
twelck godt verhoet, de vor-
of block-houses is thought to
be the market-place, where
the bell hangs, and that order
be given to build them there
of such design as shall seem
most suitable, provided that
the Hon. Capt. Carr shall
grant forever the ground re-
quired therefor, without re-
taining any claim to the
same. As to the charge and
labor for the aforesaid forti-
fication and block-houses, the
citizens of New Castle, each
according to his means and
condition, shall at first ad-
vance the money to pay the
laborers, provided that the
inhabitants within this juris-
diction, who are able to do
such work, shall be obliged
to work as occasion may
require.
2: As to the fortification
above [Christina Kil], it is
left to the discretion of their
honors there to order [that
buildings] for their defense
[be constructed] at the most
suitable place or places.
3 All, however, with this
understanding, that if no war
breaks out with the natives,
Opposite p 498.
W
3
* <
< J
o w
[xxxv]
Collateral and Illustrative Documents
499
scijcle block huijssen sullen
gebruickt werde vor pup-
licke huijssen als raet huijs,
gevangen huijsen, als anders
nodich vor publick, mits t'
dan tot t'gennerael e pub-
licke reckenning e onkosten
ouer t'heele reuier sal ge-
bracht werde/
4: desse resolutie tot gheen
Executie te bringen, sonder
ordere van d. H: gennerael,
te hebben, mar wel Sekrete-
lick nodiche preparatie te
macken, Sonder eenige sus-
pitie te geven aen d. nat-
turelle :
Aldus gedaen e gearres-
teert dessen 5 octofc: 1670:
John Carr
Witt Tom
H: Block
Israel Helm
t Merck X van Piter Rombo
t'Merck X van Piter Kock
which God forbid, the afore- Co .
said block-houses shall be (KYSL)
used as public buildings,
such as court-house, prisons,
or otherwise as necessary for
public [purposes], provided
that in that case [their erec-
tion] shall be charged to the
general and public expense
account of the entire river.
4: This resolution shall
not be carried into effect
without order from the Hon.
General, but the necessary
preparations are to be made
secretly, without arousing any
suspicion among the natives.
Thus done and resolved,
this 5th of October 1670:
John Carr
Witt Tom
H: Block
Israel Helm
the mark X of Pieter Rombo
the mark X of Pieter Kock
Dutch
1670
Oct. 5
Endorsed: Proposicons made about the fortificacons at
Delaware, vnder the hand of C. Carre & the rest of the high
Cort there. 1670. The order off the High Court.
[Examination of Indians about Depredations at Delaware.] Co1
present de sackimakers
Rinna Wigge
Translation:
Sachems present:
Rinna Wiggen
Dutch
1670
Oct. 6
500
Province of New York
[xxiv]
Col. MSS. Oebequeme
20: 14
(KYSL) Menninckta
Dutch
Oijagrakun
Megeras
Pemenacke
Colopapan
Magaecksie
[Be PJrensies
Mannanenge
Op vrijdach sijnde den 23*
septemfe sijn wij te weten
marten roseman Edman
kantwel, en pieter Cock,
pieter rambo Israel Helm, en
Matheus de Ringh Clercq.
gekome alsoo wij alle van
E Heeren vande gerechte
daer toe tsocht waere, Op
een wilde plaetse off plan-
tagie genaemt Annockeninck,
alwaer een deel wilde ver-
gaert waere en noch ver-
gaerden om te kintekaijen
met eenige sackimakers,
wiens naemen hier neuens
staen, naer dat wij daer 334
daegen nae het vergaere van
rest vande sackimakers en
andere wilden gewacht had-
de, de welcke niet al gecomen
sijn, soo hebben wij haer
onse saecken voorgedraegen
en gevraecht.
Oebequeme
Menninckta
Oyagrakun
Quequirimen
Megeras
Pemenacken
Colopapan
Magaecksie
[Be ?]rensies
Mannanengen
On Friday, being the 23d
of September, we, Marten
Roseman, Edman Kantwel,
Pieter Cock, Pieter Rambo,
Israel Helm and Matheus
de Ringh, clerk, at the re-
quest of the honorable gen-
tleman of the Court, came
to an Indian village or plan-
tation called Annockeninck,
where a number of Indians
had gathered and were still
gathering, in order to kanti-
koy with some sachems whose
names are written in the
margin. After we had
waited three or four days for
the arrival of the rest of the
sachems and other Indians,
who did not all come, we
stated our business and in-
quired:
Collateral and Illustrative Documents
501
Vuijt wat oorsaeck datse
van ons volck hebben doot-
geslage en vermoort en heb-
ben haer vorders geseijt en
genoemt aldie geene die sij
vermoort hebben, van die
tijt aff dat de Engelse hier
int lant syn gecomen tot nu
toe, de welcke [ti ?]en jnt
getal sijnde, met noch veel
omstandige rede[nen te lan]gh
om te verhaele,
[Mutilated] hebben geant-
woort dat sij geen van alien
[mutilated] wiste, te weten
van Kahonsij aff tot aende
[mutilated] toe, waer op sij
voort een Cleijn bosie wit
seewant ontrent 334 vadem
aen ons getoont en gegeue
Op die Conditie dat wij soo
lange soude patientie hebbe
sij souden de moordenaers
soecke, en opbrenge, soo
wanneer sij die konden vin-
den, en s[oo] hebben noch
een bosie wit seewan gegeue,
met dese woorde daer bij
voegende als dat sij geen
Oorloch en sochte, en datse
mochte uyt jage gae en op
en neer bijde Christenen han-
dele gelijck als vante vooren
For what reason they had
'
killed and murdered some of
our people, and [we] further-
more told them and named
all those whom they had
murdered from the time that
the English came to this
region until the present, who
number ten [ ?] in all, with
many other details too long
to relate.
[They] replied that they
did not know of any of them,
. . . that is from Kahon-
sij to ..., whereupon
they showed and gave us a
small string of white sea-
want, about three or four
fathoms long, on condition
that we should have patience
till they sought and delivered
up the murderers, if they
could find them, and then
they gave us another string
of white seawant, adding
these words: that they did
not seek war, and that they
wished to be allowed to go
hunting and trade among the
Christians as formerly, and
to the Mincquas, that is the
South Mincquas, whom we
!ol. MSS.
20:14
Dutch
1670
Oct. 6
502
Province of New York
[xxxv]
Col. MSS. en hebben oock aende minc-
20: 14
(HYSL) quaese te weten b — mine-
Dutch . .. ,. .. , ...
quase gesijt, die wij mede bij
1670 ons hadde, dat sij geen meet
vande Christenen souden
dootslaen, waer op sij
oock aende mincquasen een
schenckasie hebben gegeue,
te weten een bant seewant
met een bosie wit seewan,
nae dat de mincquaesen eerst
aen haer eerst een schenc-
kagie hadde gegeuen, en heb-
ben een heele oratie gedaen,
als dat wij broers waeren
met maelcandere en datse
broers en vriende sochten te
blijuen, en dat sij bedroeft
waeren dat sij sulcx gedaen
hadden, en datse moeste
weten datse rondom onder
de Christene saete, en wesen
haer daer woonen Christene,
en daer woone Christene
als datse haer bekent
maeckte; dat sij rondom
onder de Christenen woonde,
en als sij oorloochde waer
dat sij dan haer kruijt en
loot souden vandaen krijge
met veel diergelijcke dinge
meer die sij aen haer seijden
Wij hebben haer wederom
had also with us; they said
that they should not kill any
more of the Christians,where-
upon they gave also a present
to the Mincquas, to wit, a
belt of wampum with a string
of white seawant, after that
the Mincquas had first given
them a present, and made
quite a speech, to the effect
that we were brothers of one
another, and that they sought
to remain brothers and
friends, and that they were
sorry that they had done so,
and that they must know
that they were surrounded
by Christians, and showed
them here live Christians
and there live Christians;
declaring to them that as
they were surrounded by
Christians, if they went to
war, where would they then
get powder and ball, and
many other similar things
which they said to them.
We answered them, when
[xxxv] Collateral and Illustrative Documents 503
geantwoort, en geseijt, toen
wij dit gelt off seewant ont-
finge, dat wij dit ontfinge
niet tot versoeninge vande
moort die sij gedaen hebben,
maer dat wij het alleen ont-
finge bij provisie tot een
getuijgen als dat sij de moor-
denaers souden soecken en
opbrenge Want onse groote
sackimaker seijden wij die
en was [met] geen gelt te
vreden, maer die wil hebben
dat gij de moor[ders] op-
brenght. Wij seijden oock
dat wij ons verwonderd [en]
dat niet een van al de sacki-
makers off van wilde en
w[ist] wie dat de moort ged-
aen hadde en hebben haer
self[fs de] moorders genaemt
die wij meenden de moorft
gedaen] te hebben, dewelcke
waeren met naemen A\[muti-
lated] kecksioes, en de breeder
[van]Wissapoes
Waer op sij antwoorden
[mutilated] hadden, en dat
sij tselue [mutilated] dien
nacht doen de moort g[edaen]
[mutilated] allomgack in assis-
kon[ck] [mutilated] [ke]ck-
sioes was bij de sackimakers
we accepted this money or
seawant, and said that we (HYSL)
Dutch
did not accept it as an
expiationof the murder which
they had committed, but
that we accepted it only pro-
visionally as a pledge that
they would seek and deliver
up the murderers, for our
great sachem, we said, was
not satisfied with money, but
wants you to turn over the
murderers. We said also
that we were surprised that
not one of all the sachems or
the Indians knew who had
committed the murder, and
we ourselves named those
who we thought had com-
mitted the murder, namely,
Alflomgack,] Kecksioes, and
the brother of Wissapoes.
Whereupon they replied
. . . had . . . and
that they the same . . .
the night that the murder
took place . . . Allom-
gack in Assiskon[ck] . . .
[and] Kecksioes was at home
with the sachems, and the
brother of Wissapoes was at
the house of the brother of
the "crazy farmer," and fur-
5°4
Province of New York
[x&vl
Col. MSS. thuijs en de broer van wis-
20 : 14 J
(NYSL) sapofesl die was thuijs bii
Dutch , r , , •• .
de maleboer sijn broer, en
1670 voort dat wij souden te
Oct. fl , , | .. ,
vreden wesen dat sij souden
soecken die het gedaen hadt.
Wij hebben haer oock ge-
vraecht waerom dat sij het
goet van pieter siegee, en
van pieter Alrichs gestole en
gerooft hadde
Waer op sij Antwoorden
en seijden dat sij dat niet
gedaen en hadden, noch oock
niet van en wisten, maer
dat het de wilden van Assis-
conck gedae hadde, en dat
sij selfFs haer daer van be-
vrijden
Dit is tgene wij met de
Wilde jndiaene hebbe gehan-
delt.
Was onderfz
Matheus de Ring
Clercq
Naer collatie accordeert
dese met syne principale in
dato en ondertz als boue
Tot N: jorck den 6? Octo-
ber 1670
Bij mij
D V Schelluijne Nofs Publ
1670
ther that we should be con-
tent that they would search
for those who had done it.
We asked them also why
they had stolen and robbed
the goods of Pieter Sieger
and Pieter Alrichs.
Whereupon they answered
and said that they had not
done it, neither knew any-
thing about it, but that the
Indians of Assisconck had
done it, and that they them-
selves had freed them from
those Indians.
This is what we treated
about with the savage In-
dians.
Was signed
Matheus de Ring
Clerk
Upon comparison this is
found to agree with the
original, dated and signed as
above.
At New York, this 6th of
October 1670,
By me,
D. V. Schelluijne,
Notary Public
1670.
Collateral and Illustrative Documents 505
Endorsed: ™- MSS.
20 1 14
the Examinfacon of the] (HYSL)
T • r u i *»*<&
Jndyans concerning [the]
Murder. 1670
/^ , tL f Oct. 6
Oct* 6. 1670.
[Tom to Lovelace about Newcastle.] C01- MSS-
20: 19-20
To the Right Hono-
1 here in a Towne erected wch is the sthrength for the
river
2 it has beene studyed by or neighbors of Mary land to
doe the same but could not attayne
3 if or neighbors are so desirous then necessary
4 if good then incougament [sic]
5 the way to incourage is that noe slopes passe aboue
this Towne to handle wth the inhitants
1 for what before was vsed to be brought here is delivered
aboue and wl debts is due to vs cannot be receaved for that
they come not below
2 then vpon necessity the place must be forsaken and
noe man left to make resistance agl the Indians having noe
profitt and must another stay [ ?] way out of the land w*^
will breake the Towne and if so every man must stand vpon
his owne guard single wthout any assistance wch if the Towne
had any incourage1 was able to defend the whole river or at
least themselves but the sloopes going vp and selling drinke
by the small measeaure and receiving there ready paym'
and wth furnishing wth there petty wares by there doores
getts themselves an advantage to o~ ruine wch if permitted
every man may doe the like and then his Roy highnes may
wth cost make another Towne of defence as or neighbo"
have indavrerded [sic] but could not attayne to
506
Province of New York
r NO. i
LxxxvJ
Col. MSS.
20: 19-20
(HYSL)
[1670/1]
Endorsed:
some Proposicons on
the behalfe of the
Towne of Newcastle
in Delaware from
Mr Tom. 1670.
Enclosure:
Im l to know by what tenure wee hold or land not being
expressed in or patents
Answer:
In cornon Soccage as the Duke held his, as of the mann *
of East Greenewch
Endorsed:
A quere of mr
Tom's to be resolv'd
concerning the
Tenure of land
at Delaware
C. A.
2: 662
(HYSL)
1670/1
Feb. 29
The Governo1? Lre to y? Inhabitants
of Delaware.
Gentlemen.
I Rec1? yo? Lre by MT Rombout wherein you signifye to
me y? Result yoV had w'.h ye Indians, concerning y? Murders
of ye Xpians, in wch yo" haue provided w*!1 moderation suf-
ficient, as far as both yor intelligence & ye Complexion of all
affaires then stood, I haue forborne at this prsent to send
yo1? a full determination Reserving that till y? Arivall of
Captn Carre from whome I expect to receive more light then
1 Abbreviation for
1 Manor.
Item."
Collateral and Illustrative Documents 507
hitherto I haue receiued to guide me by, In y? meane tyme c- *•
I recomend y? affaire to your Vigilant & prudent Managery, (HYSL)
In w0!1 I cannot omitt to mynde yo" that not onely your owne
safetyes but y* honor of my Regall Master & our Nation Feb. 29
is so nearely Concerned in ye Recomending you to y? protec-
tion of y? Almighty, I remaine yo* Loving freind
F. L.
Sent by Peter Rombout of Delaware
29th Febry 1670.
[Tom and Alrichs to Lovelace.] C°201ISS'
9th of March 1670 [i. e. 1671]
Right Honoble
yo™ of the 28 of (February wee have receav[ed] and to give
yor honor a full answer is more th[en] wee can doe
being not all one mens children and for vs few English none
of vs able to speake to the Indians but so farre as wee can
advise yor honor is as followeth
1 first that wee are in a sad condicon is most certaine
living vnder the power of the Heathen and no power to defend
by reason a nomber of out plan ta cons are not able to secure
themselves an[d] wee make a greate question if wee in the
place can well secure orselves and to bring them into the
Towne wilbe there vtter ruine and losse of the river for then
they expose there houses corne and cattell to the fury of the
Indians and wee not able to mainteyne them here for prvencon
of wch or best proposall is if yor honor could spare so much
time as to come over to treate wth the Sachems wtbout
dispute the reverence to yor pson would procure vs 4 or 5
yeares respect and by that time the numerous issue by the
assistance of god wilbe able to defend themselves
2 The Sachems of the Indians give for reason of there
508 Province of New York
Col. MSS. warre that they threaten to make vpon the Christians is they
(HYSL) say where the English come they drive them from there
lands and bring for instance the North Virginia and Mary-
Mar. 9 land and feare if not timely prevente[d] shall doe so here
3 Thirdly if possible to invite Cap' Carteret to beare yor
honor company the most of the Indians living vpon his side
4 fourthly wth all reverence yor honor having writt that
yor honor if occasion was would expose yor selfe to the
trouble of coming over and desired to know what forces to
bring wth you wee doe thinke that 25 men is enough for the
guard of yor hono" pson and that number will not frighten
the Sachems and more may render yor honors iourne
unprofitable by there non appearance yor honor now att
this time of the yeare not being to fight but to treate
5 fiftly if yor honor comes as wee well hope be pleased
by the first to send an expresse and Peter Aldricks shall
meete yor honor att the time prfixt to pilot yor honor from
the Navecinck and informe the Indians of yor coming that
they may not leave there houses att the sight of so many
men to them vnexpected
6 sixtly or intencon here is to build a blocke house 40
foote square wth 4 att every end for fflanckers in the middle
of the Towne the fort not being fitt to be repaired and if
repaired of noe defence lying att the extreame end of the
towne and noe garrison therefore wee begg that wee may
have lifcty to pull itt downe and make vse of the tiles bricks
and other materials for the vse of or new intended fortifica-
cacion [sic] wch if wee have no occasion for as wee feare wee
shall will be convenient for a Court house notwthstanding
This being or duty in answer to yor hono" letter wee prsent
to more prudent consideracon and assure yor honor wee
will not alone maintayne or owne interest so farr as god
shall inable vs but to the furthest of or industry presse to
[x5xv]
Collateral and Illustrative Documents
509
save the honor of yor Royell Master and ore together wth
the honor of or countrey and then lett fate act wth vs as the (HYSL)
greate god is pleased in the meane time wee subscribe
or selves
Right Honoble
yor hono" most humble
and faithfull servts
Witt Tom
Endorsed:
pieter alrichs1
A Letter from mr. Tom
&c Mr Alricks to the
Governor, about the Indyan
affayres there.
Mar. 9. 1670.
M*r. 9
[Robert Jones to John Carr.]
13"! of March 1670
(HYSL)
Yo? letter of the 27th of Tan : I received the tenth of March '67<>/i
•> Mar. 13
instant, whereby we are all confirmed of ye report of the
great disaster that happened to the sloope, and I should
haue writt sooner to you by a sloope y* went vp the bay
wherein M? Wale did send, but I was from home &c missed
y* opportunity, however, now M* Wale and M^ Wharton
are goeing themselves I haue sent my draught of the survay
of 400 acres ioyning to our Towne land, and that of 400 acres
at Bumbyes hooke wch is between Mr Wale and I, w?h I pre-
sume you haue already rec3 by M^ Wale, together w'h M*
Merritts who is gone for England, (but wilbe god willing
here in October) beseeching you to continue you[r] great
1 The autograph is Alrichs, but the name is more often given in the rec-
ords as Alricks, and sometimes even as Alrighs.
5io Province of New York
C°L ^|s- kindnes and to procure vs our patients. I doe purpose wth
(NYSL) gods leave to spend all the next yeare w'h you at Delaware,
but this yeare I cannot stir, in respect of my office. I can
Mar. 13 give you noe further ace* of that W™ Stone then I did in
my last, but that it is not that Dr Stone mention'd in my
last letter, for his name is John, this man must needs be
very obscure for I haue enquired of the publiquest persons
of that County concerning him and can heare noe tideings
of any such man: however pray send an ace* (you may draw
it as large as you think convenient) of your due, by Mr
Wale, for if the man were found we cannot proceed wthout
it. I hope to receive good newes from you by the bearers
returne, of peace and plenty and noe obstruction to our
Noble Designe. I pray prsent my dearest respects to all
your good Neighbours, but expecially my humble services
and thankes to Madam Carr, for all her goodnes to vs, strang-
ers. I haue sent you a small roll of Tob?1 to pipe it, but I
am confident you haue better of yo' owne (though this be
sweete sented) for ours was all vtterly spoiled wth the gust
in August, however I beg yo' acceptance, assureing you that
in all respects wherein I am capable I will ever remaine
S? yoT. most faithfull and obliged servant
Robert Jones.
Addressed: These
For Cap^ John Carr
Govern' of Delaware [Seal]
at New Castell.
Endorsed:
MT. Robert Jones
Virginia to C-Carre
about coming to settle at
Delaware.
Mar. 13. 1670.
» Tobacco.
Collateral and Illustrative Documents 511
June. 22th. Instructions for M? Walter Wharton C*1- MSS-
* ao : ai
1671 about Delaware (NYSt)
1. To send mee an Account (by the first opportunity) of |^JX23
the names & number of the new Planters.
2. To affix a time by the which all the Patentees are to
bee placed vpon their Land & make their Improvements.
3. To draw a Cart of their Land & how the Plantacons
are seated.
4. What publique Improuement may bee made thereabout
either by land or sea.
5 What sort of Gouernment will best suite with them
when seated either as to Ecclesiastic!:, or Civil matters, in
point of Formalities.1 In the meane time That they haue
one of the Law Bookes, confirmed already by his R. H% &
that they conforme themselves to that, as farre as is prac-
ticable.
6. How they will secure themselves against any attempt
either of Indyans or others, by forming a Militia, & recomend-
ing Military offic" to mee.
7. What Tract of Land will remaine to invite new Planters
besides those that are already Patented.
8. That some person bee appointed to vndertake the col-
lecting of the Quitt Rents for the which a Consideracon
shall bee allowed for the whole River.
9. To view & enquire where the best & most convenient
place or places will bee to fix one or more Townes.
10. Whether to associate with those already seated at
the Whore Kill bee not best, to strengthen their party.
In a particular direction, Concerning a certaine Tract of
land which I have taken vp in Delaware River, of which
1 The remainder of the paragraph from this point is an insertion in the same
hand on the second page of the original manuscript.
512 Province of New York
Col. MSS. yOU shall have scituacon, & heads of the Patent out of the
M- IT *
: 21
(HYSL) Records, That you make a Survey thereof, & send mee a
1671
June 22
draught of it.
Endorsed:
Mr Whartons
Instructions.
1671
To be
No. XXXVI.
GRAVESEND AND NEW UTRECHT — LAND
CONTROVERSY.
Deeds At the Generall Meeting of the Deputyes
(Sec. State) of Long Island, held before the Governour
at Hempsteed March 3? 1664.
Gravesend
New Utricht
1664/5 It is this day Ordered, That the matters in difference
betweene the Townes of Gravesend and New Utricht,
about a certaine Parcell of Land, formerly the Lands
of Robert Pennoyer, the one deriving a Title from George
Baxter, as Purchaser from the said Pennoyer, the other from
Aram Huttum Claiming a former Purchase of the same Land
from Wiltm Goulding Employed by Pennoyer to dispose
thereof; The respective Titles betweene Baxter and Huttom,
shall bee left to the decision of a Tryall at Law in the next
Collateral and Illustrative Documents 513
Court of Sessions or Assizes; And there being likewise
another difference betweene the said Townes, about a Parcell (Sec. State)
of Meadow Ground (called ye ffly Lands) It is also Ordered,
That Gravesend do take possession of the said Meadow Mar. 3
Ground, as of right belonging unto them, and that the
Inhabitants of the Towne of New Utricht, do forbeare the
giving any hinderance or molestacon, to the said Towne of
Gravesend, in their Enjoying the same.
Richard Nicolls.
No. XXXVII.
HAVEN MASTER OF THE PORT OF NEW YORK —
EMPOWERED TO ARREST AND ATTACH.
PhilP Johns his Com0." for Haven Mast? C. A.
2:654
Francis Lovelace Escf &c Whereas a Haven Mastf is
necessarye & convenient to beimployed in this Port in goeing [.March J
on board all Sloops & Vessells ariving & comeing to an
Anchor before this place, As also to visitt & search all Ships
before their departure to see if they haue made their dis-
patches in due ord' according as is directed in that behalfe,
To y? end y? Same may be accordingly put in Execution,
I haue thought fitt to nominate & appoint Philip Johns to
be Haven Mast1 of this Port, who is from tyme to tyme to
goe on board all Ships & Vessells upon their Arivall, & to
take an Account from whence every Such Ship or Vessell
shall come & whith' she is bound, as also y? quality of her
Lading, & that he acquaint y? Mastf that he must not breake
bulke or Land any Goods before due entry be made of y*.
[33]
5*4 Province of New York
C;6A- said Ship & goods respectiuely, As also that he imediately
(HYSL) giue an Account thereof to me, or whome I shall appoint
r 1671 1 *°r t^at PurP°se> And y? said Haven Mast' is not to ^mitt
[March J or Suffer any Ship or Vessell to departe this Port, before the
Mast' hath cleared his said Ship & goods, & doth procure
a Certificate und' y? hands of y? principall officers of his
Mat!?s Customes wthin this Government, or their Deputye
or Deputyes, that he hath paid & satisfyed all dutyes accord-
ing to ordr. And for what ye said Haven MastT shall do in
prosecution hereof this my Comission shall be to him a
sufficient warrant. Given undr my hand & Seale at ffort
James in New Yorke this [blank] day of [blank] in y? [blank]
yeare of his Mats.es Raigne AnnoqJ Dm i6[blank] 1
[Francis Lovelace.]
No. XXXVIII.
NEW YORK CITY — SYLVESTER SALISBURY vs
FREDRICK GIJSBERTSEN, IN REGARD TO
CONFISCATED HOUSE IN STONE STREET.
A Confirmation Graunted to Cap? Sylvest?
(Sec. State) Salisbury for a certaine house & Lott of
Ground w'.hin this Citty.
R»chard Nicolls Esqr &c Whereas there is a certaine
house & Lott of Ground wthin this Citty scituate lying &
being in ye Brewers or y* Stone street haueing on ye West syde
thereof Mr Oloffe Stevens van Cortlandts one of ye Aldermen
of this Citty, & on y* East syde Frederick Lubertsens con-
1 The probable date of this commission is early in March, 1671.
[xiivm] Collateral and Illustrative Documents 515
teyning in breadth on y* South syde before towards y8 street
fower Rod & fiue Inches & on y North syde behynde three (Sec. Sute)
Rod six foot & Two Inches In Length on y* West syde
Tenne Rod one foot & a halfe & on y" East syde Ten Rod April 8
six foot & a halfe wch said house & Lott of Ground w':h all
their appurtenances stands forfeited & confiscated to his
Mat'" use by an Act of this Governm' bearing Date y8
Tenth day of October 1665 as belonging to a Subject of y*
States Gen1"!1 of y* United Belgick Provinces then in Warre
& open Hostility ag* his Ma'!e Now Know yee that for &
in Consideration of 100 good and merchandable Beaver
Skins receiued & paid unto me for y* use of his Royall
Highnesse ye Duke of Yorke Lord Proprietor of theise
Territoryes by Captaine Sylvestf Salisbury who came over
w^ me & is now Actually in his Ma""8 Seruice as Ensigne
to his Royall Highnesse y* Dukes Company of foot, & for
diuers oth' good causes me thereunto especially moving By
vertue of y* Commission & Authority unto me giuen by his
said Royall Highnesse I haue thought fitt to give graunt
bargaine & sell & by theise p'sents doe giue graunt bargaine
sell ratifye & confirme unto y" said Silvest* Salisbury his
heires or Assignes th'afore recited house Lott of Ground
& prmisses w'?1 all & singular their appurtenances To haue
& to hold &c The Patent is dated y« 8'.h of Aprill 1668.
An Ord' about y* Difference between G. E.
Cap' Salisbury, & ffredrick Gijsberts.
At a Councell held at Forte James n
y6 17th day of May 1672.
The Mattf in difference between Cap* Sylvest' Salisbury
& fFredrick Gijsberts, haveing long depended, It being about
516 Province of New York
Rent claymed by Cap' Salisbury from ye said ffredrick
(MYSL) Gijsb^ts for a certaine confiscated House in the Stone-Street
graunted by Governor Ni colls to ye said Captn Salisbury;
May 17 The Premisses being taken into Consideracon, Its adjudged
that y6 Rent of y6 said House is to bee paid to Cap* Salisbury
from the rime of ye Publicacon of ye Confiscacon thereof,
although before ye Date of his Patent, In regard it's thought
to bee y6 Intent of ye late Governor, & the Tenant ought
not to pay the Rent after ye said Publicacon to any other
then whom the Governor should direct
By OrdT of y6 Governor
and Councell.
No. XXXIX.
BROOKLYN — DEBTS CONTRACTED IN BUILD-
ING A HOUSE FOR THE MINISTER.
A Discharge for Mr Adrien Heggeman
(HYSL) concerning his Acco*s about y6 Minist"
House at Breucklin.
Whereas Adriaen Heggeman being heretofore Schout of
Breucklyn dureing ye Dutch Governm', did together with
Albert Cornelijssen & other ye Schippens of that Dorpe by
ye Consent of ye Governor then in being cause a Rate to
be made for ye raiseing of a certaine Summe of Money upon
y* Inhabitants there for ye building and Erecting a House
Collateral and Illustrative Documents 517
for y* Minister, w°h accordingly They did, but did not G< E>
collect ye whole Summe, many delaying or refuseing to pay (NYSL)
y8 same, and although by y" alteracon of y". Governm* y"
said Schout & Schepens are long since dismist of their Aug. 10
Employm', yet are lyable to pay for y° worke about y" said
House, and have by y*_ Court of Constable and Overseers
been Condemned soe to doe, although they have noe power
to constraine ye Persons in Arreare to pay their proporcons,
wch although it be for a publicp worke, yet without Reliefe
had therein is like to redound to their particular Losse &
Detriment, haveing taken y" prmisses into serious considera-
tion I have thought fitt by and wth ye advice of my Councell
to Order and appoint y* y6 Judgment of y6 Court of Con-
stable & Overseers against ye said Adriaen Heggeman &
others upon this Accompt be made null, and that hee y"
said Adriaen Heggeman, Albert Cornelijssen, & those con-
cerned wth him giveing in an Accompt to y* Constable &
Overseers of what they have receiv'd, & what is in Arreare
they shall be clearely acquitted & discharged from any
further Trouble hereupon; And y6 Constable & Overseers
of Breuklyn are and shall be hereby invested in y6 same
Power wch heretofore y* said Schout and Schepens had to
Levy ye Sumes of Money in Arreare, upon y6 Persons or
Estates assessed if to be found; But if y" Summe intended to
be risen shall come short (diverse of y* Inhabitants being
either dead or removed) the said Constable and Overseers
have power to make a New Rate for y° Remaindr upon y°
whole Towne; And for soe doeing this shall be their Warrant.
Given under my Hand and Scale at Forte James in New
Yorke this ioth day of August 1671.
ffran: Lovelace
518 Province of New York [XL]
No. XL.
WEST INDIA COMPANY — DEBTS.
M*. Thomas Lovelace & M? Paul
Leendertse appointed Collectors &
Receiuers of y6 Debts belonging to
y*. West India Company in theise
his Royall Highnesse Territoryes.
Francis Lovelace Esq? &c Whereas by severall Acts made
in y? tyme of my Predecessor Co*. Richard Nicolls an
Arreast & confiscation was put upon y? whole Estate of what
nature or kinde soever belonging or in any wise apperteyning
to y? West India Company of Amsterdam wthin theise his
Royall Highnesse his Territoryes, In one of w^ said Acts
there was a penalty to be imposed of double y? value of any
Sume of money Goods or debts wc.h by any person should be
concealed Ten dayes after publication thereof, Notwith-
standing w0?1 diuers persons do still prsume to keep in their
hands, seuerall Goods effects Debts or Sumes of money due
to ye said West India Company or to some others in trust
for them wthout giving any Account for ye same & there
being likewise many others who by vertue of y6 Articles of
surrender Do lay clayme to seuerall Sumes of money due
or prtended to be due from ye said Company to them, To y?
end y? former Acts may y? more duely be put in Execution
& all lawfull Debts be satisfyed & discharged, I haue w*!1 y?
advice of my Councell thought fitt to ordr & appoint & by
theise prsents do order nominate & appoint yo? Mr Tho:
Lovelace & mr Paul Leenderts to be Collecto1? & Receiuers
of all goods effects or Debts belonging to ye said West India
Collateral and Illustrative Documents 519
Company wthin theise his Royall Highnesse his Territories C. A^
in whose hands soever they shall happen to be whose receipt (HYSL)
for what shall be so Collected & received by them shall be x
to y" Person of Persons who shall pay y? same a sufficient May 19
discharge, & such goods or effects they are to keep & secure
untill such tyme as I shall receiue directions from his Royall
Highnesse touching y? same & giue my further ord™ there-
upon how & to what use y" said Estate shall be disposed,
And all Persons wthin this Governm^ are hereby in his
Maties name strictly required & injoyned to observe & obey
this Proclamation & ord? & to make discouery of their
knowledg of any Concealement of y? prmisses as they
will answer y? Contrary at their utmost perills. Given
undr my hand & sealed w*!1 y? Scale of y6 Province this
29** day of May in y? 22^ yeare of his Ma"" Raigne Annoq}
Domini 1670.
[Francis Lovelace.]
No. XLI.
NEW YORK CITY— EXPORT OF WHEAT.
An OrdT strictly Prohibiting y? Exportation c ^
of Wheate out of this Province, for one yeare. ^SI.
Whereas I am Credibly Informed that there is a generall 1670/1
Scarcity of wheate throughout this Province, & aft? strict
inquiry & Examination made by y? Mayor & Aldermen of
this Citty, it hath beene found, That there is so small a quan-
tity, that it will be scarcely sufficient for ye necessary Supply
of ye Government & y? Ships & Vessells that may arive here
520 Province of New York [|£i]
2^660 to ^s ^ort' * kaue therefore by & w'!1 y? Advice of my
(HYSL) Councell thought fitt to order & by these prsents do ordr &
1670/1 re<luire ^at y? Officers^of y? Customes do not passe any Bill
Mar. 9 Or Bills of Lading to any Mast' or Mast1? of Ships Sloops or
Vessells for y? Exportation of any Wheate in Graine, from &
after y? date hereof for this Ensueing yeare, without Speciall
warrant first obteyned under my hand & Scale, undr y?
Penalty of forfeiting all y? Said Wheate & double ye value
thereof for Contempt; Always provided that this ordr
do no way restraine any ^son of ^sons from transportation
of fflower made of Wheate bread or Biskett for y? use of
Merchants or others who are or may be engaged to make
payrtf therein but only of wheate in Graine. Given undr
my hand, & sealed w*!1 y? Scale of y? Province this g^ day
of March 1670.
[Francis Lovelace.]
Answr to yc Peticon y* was pferrd
by diverse of ye Inhab'* of N:
Yorke for to have ye Prohibicon
about Corne repealed.
, Whereas a Peticon hath been prsented unto mee by diverse
of y6 Inhabitants of this City wherein they make it their
Request that the late Prohibicon of y* Transportacon of
Corne may be repealed, lor severall reasons by them given
in, Upon due Consideration had hereupon, I have by & wth
y° advice of my Councell thought fitt to Ordr & Appoint,
That in regard y6 said Prohibicon was soe lately made, &
when it was was publiquely pposed at y8 Court of Mayor &
Aldermen of this City, noe Objection was made against it,
for ye p'sent y6 sd Ordr of Prohibicon is to remaine in force;
But for y" better Satisfaccon of ye Petnre, Enquiry shall be
Collateral and Illustrative Documents 521
made by y* Justices of y* Peace at y" Courts of Sessions c; ^-
to be held in ye Month of June next upon Long Island, what (HYSL)
y6 gen" pbability or Likelyhood is of y* Plenty or Scarcity of jfi
Wheate Corne y6 yeare ensueing, & likewise in y* meane May 23
rime y" Mayor & Aldermen of this City are to examine how
ye Stock of Corne in Store is like to hold out for this prsent
yeare, upon Reporte whereof made unto mee, such Order
shall be taken therein as will tend most to The Publique
Good. Given under my Hand at fforte James in New
Yorke this 23th day of May in y8 23d yeare of his Maties
Reigne Annoq} Dm. 1671.
[Francis Lovelace.]
Liberty given to John Schout, & Laurens O. E.
Sluijsen to carry some Wheat to (HYSL)
Milford to bee ground.
Vpon y8 Request of John Schoute, & Laurens Sluijse, 1673
That they may have Liberty to carry two hundred Scheple of
Wheat in their Sloope y6 Hope to y6 Mill at Milford, In
regard all y6 Mills hereabout are at this present employed by
y6 Bakers to grinde great quantityes of Corne, I have thought
fitt at this particular juncture of time to graunt their Request;
Provided, That they give Security to ye Collector of y*
Customes, that they shall bring back in ffloure or Meale the
whole Produce of y6 Corne they carry out; Of ye wch the
Haven Master is to make Inspection; But if it shall bee made
appeare, that they doe fraudulently convey the Corne els-
where, then they shall bee lyable to such Censure & Penalty
as in y° Act of y6 Last Gen'11 Co1? of Assizes touching y8
Prohibicon of y6 Transportacon of Corne is sett forth.
Given &c: at fforte James N: Yorke this 8th day of July 1672.
[Francis Lovelace.]
522 Province of New York
G;E- Lycence for Mr Wm Darvall to transport
(HYSL) six-hundred skeple Wheat to Milford
Mill to bee ground.
Vpon y0 Request of Mr Wm Darvall of this City Merch^,
that in regard hee cannot for his present Convenience bee
accomodated in the grinding of his Corne at the Mills within
this Governm1, some being out of Order, & others already
full or bespoken by others for Grindeing, hee may have
Liberty to transporte a certaine quantity of Corne in a Sloope
to be ground in the Mill at Milford; hee engaging to have the
whole quantity or Produce of what shall bee carryed out by
him to bee brought back againe hither in ffloure or Meale,
I have thought fitt to grant his Request; And the said Mr
Darvall hath hereby Liberty to transporte from hence to
Milford in the Sloope Hunter, John Pietersen Master six
hundred Scheple of Wheate, there to bee ground as afore-
said; And for soe doeing this shall bee his Warrant. Given
under my Hand at fforte James in New Yorke this 23d day
of August 1672.
[Francis Lovelace.]
No. XLII.
HUDSON RIVER — REGULATION OF TRADE AND
SHIPPING.
C. A. No Stranger or Strange Vessell permitted
2:559
(HYSL) to Trade up to Albany or Sopez wthout
paying y? Dutyes required here.
1670 Whereas It is Represented unto me by ye Mayo^ & Alder-
June 27 .
men of this Litty that it proves a very greate Inconvenience
Collateral and Illustrative Documents 523
to y? Inhabitants here that diuers Strangers & strange c; A-
Vessells no way Related to this Place or Province doe fre- (NYSL)
quendy go up Hudsons Ryver to Esopus & Albany there to
trade & traffique Contrary to former Constitutions & cus- June 27
tomes in such Cases provided, It is this day ordered, That
no Stranger or Strange Vessell shall be permitted from &
aft' y? Date hereof to passe up y6 said Ryver to eith' of y°
places aforesaid there to trade or Traffique upon any prtence
whatsoever, However such Vessells unloading their goods
in this Citty & paying y? Dutyes required, the Owners of
such goods haue liberty to transport them into theise parts
in any oth? Vessells belonging to this Port, & may go up them-
selues w1!1 leaue to negotiate there, hauing first obteyned y?
Priviledg of being free Burgers of this Citty. Given und'
my hand at ffort James in New Yorke this 27*? day of June
in y" 22*-h yeare of his Ma*'.*8 Raigne Annocp Domini 1670.
[Francis Lovelace.]
No strang™ or Strange Vessells ^mitted to ^. A.
go up y6 North Ryver to Esopus or Albany. (HYSL)
Whereas I haue Rec? a Petition from divers of y? Inhab-
itants of this Citty & Province, who trade in Sloops & small
Vessells, That no Strangers or Strange Vessells may be
^mitted to go up y? North Ryver to Esopus or Albany con-
cerning wc.h there hath an ord^ beene formerly made, I Have
therefore thought fitt by y? Advice of my Councell that y*
former ordr bearing date y? 27*?' day of June last be revived,
& stand in force to all Intents & purposes, & that no ^son or
^sons do prsume to transgresse herein at their ^ills, of wc.h
y6 Officers at y* Custome house are to take a Strict & Exact
Account, Given undr my hand at ffort James in New Yorke
this 9th day of March 1670.
[Francis Lovelace.]
524 Province of New York
No. XLIII.
SOUTHAMPTON, SOUTHOLD, ETC.— REFUSE TO
RENEW THEIR PATENTS.
C. A. The Governor Com0-" to Tho. Delavall
£YS£) Esqr Mr Mathias Nicolls Seer. & Mr
Isaack Bedlow. &c.
1670/1 Francis Louelace Esqr &c fforasmuch as there is not a
right understanding betweene diuers of y? Inhabitants at yf-
East end of Long Island, & y? Governm* Established in
theise parts by Authority of his R. Hs? whethr occasioned by
y* distance thereof from this place, or some ill mynded
people who take delight to breed disturbance & to infuse
ill principles into y? myndes of his Ma*'.68 good Subjects I
Have therefore thought fitt to constitute & appoint & by this
my Com0." do hereby constitute & appoint; Thomas Delavall
Esqr Mayor of this Citty & one of y? Councell Mathias
Nicolls Esqr Secretary, & one of y6 Councell, & Mr Isaack
Bedlow to be Com1? to inquire & Examyne into all or any
matter of Publique difference or concerne in y? Townes of
Southton Southold & Easthampton, or any of y? Townes in
their way thither, to wc.h end they are hereby authorized to
send for any person or persons concerned, & as occasion
shall require for y? better discovery of y? truth to administr
an oath to them, (wc.h oath they haue hereby authority to
giue) & to prosecute this my Comission according to y?
Instructions herewth sent, And in Case any resistance or
disturbance be giuen to y* said Corn1?, they haue hereby
full power & Authority to raise any or such number of ye
trayned Bands for their Assistance, as they shall Judg
Collateral and Illustrative Documents 525
necessary for y^ prservation of y? Peace, in w011 all Officers C. A.
are to giue their best ayde, And for what they shall herein (HYSL)
lawfully Act or do this my Com0" shall be to them a sufficient -
warrant. Given und' my hand & Sealed w'!1 y? Scale of y? Mar. 9
Province this g'-h day of March 1670.
[Francis Lovelace.]
The Governo1? Lre to y? Inhabitants f;£t
of Southton. (HYSL)
Gentlemen
Having lately receiued a Lre of y? 15^ of {February from I MM?
your Towne of Southampton Subscribed by many of y?
Inhabitants of it in Answer to an order of y? last Genr!
Court of Assizes' held at New Yorke w*.11 injoyned all Townes
& perticuler Planters to take out Pattents for yf confirmtion
of their rights according to y1? Law made at y? Genr" meering
at Hempsteed & since confirmed by his R. H"? w0?1 Letter of
yours consisting of Severall reasons (as you prtend) why your
Towne should be Exempt from any such injunction w0)1
argum' of yours being taken into Serious consideration by
my selfe & Councell; I haue thought fitt (at prsent) to retorne
this in Answer, That in regard of y? distance of place & y?
avoyding all prolixity w0?1 would inevitably ensue should
theise disputes be managed by wryting, I haue therefore
thought it more conducing to begett a true understanding of
yor sence to authorize Some Com™ who shall heare & freely
debate arguments w*.h yo" & to rend^ me an Account of y"
Results of your further determinations, & yc rather in regard
I haue desired libertye of his R. H5? to visitt my natiue Soyle
this Sufner (w0.11 if obteyn'd) I may then y? better haue an
oppertunity to represent y? true State of this affaire. You
1 The section referred to is evidently Court of Assizes, vol. 2, pp. 231-233.
526 Province of New York
C- A- may perceiue by this how unwilling I am to apply any harsh
(HYSL) medicaments where I hope lenitives may prevaile, I haue no
_ . .. more but referre y*. whole managem* of y? affaire to those
|_Mar. 9_| ^Comrs I haue authorized thereunto not doubting but of a
good understanding & issue of it & so I remaine
Yo' Loving freind
Fra: Louelace.
I heare you haue made already a Succesfull
progresse in yo* whale fishing, wch I wish may
be continued to yo' greate satisfaction, but
wthall that yo? obserue that Golden Rule of
y. Aposdew0!1 is, Be not high mynded but feare.
No. XLIV.
KINGSTON, HURLEY, MARBLETOWN— REGULA-
TION OF COURTS, MILITARY AFFAIRS, ETC.
aS'6^6 Commission for Capt Tho: Chambers
<irysL) to be Justice of y* peace.
Apr.7a6 Whereas I have conceived a good Opinion of the Ability
& Integrity of You Thomas Chambers of ffox-Hall in
Esopus for y" carrying on of publique Affaires, I have there-
fore thought fitt to Constitute & appoint You to be Justice
of y* Peace in all y* Townes at Esopus and Plantacons,
giveing you full power & Authority to Execute all such
Lawes as already are or hereafter shall be made for y* good
Governm' of these his Royall Highness his Territoryes;
[xuv] Collateral and Illustrative Documents 527
Hereby willing & requireing you to discharge yor Duty as a c; A.
Justice of y" peace ought to doe: & to Observe such Rules (WYSL)
& Instructions from time to time as you shall receive from -
mee concerning the same. And all other persons within Apr. a6
this Governm* are strictly charged & required to take notice
hereof; & to beare Respect & give Obedience unto you in
y* performance of yor Office of a Justice of peace appointed
by Authority of his Royall Highness. Alwayes provided
that this Commission doe not extend to y* takeing away or
diminishing the usuall Authority & course of Judicature
now in being administred in ye Towne of Kingston by y"
Schout and Commissaryes there. Given under my Hand &
Scale at ffort James in New Yorke this 26th day of Aprill
in y" 23d yeare of his Matie* Reigne. AnnoqJ Drfi. 1671.
[Francis Lovelace.]
A Lre from y" Governo* c-f A-
2 z o77
to y8 Mayor of y* City.1 (inrsL)
M? Mayrf
You being one of y* Councell, & well known in all y*
publique Affaires at Esopus & Albany whether you are now
takeing a Voyage, I shall not need to give you any particular
Instructions, but referr all matt™ of that nature w0*1 shall
come before you there to yor prudent Managem*; of w°h at
yor Returne I shall expect an Acco* Soe wishing you a
prosperous & speedy Voyage; I remaine
&
New Yorke Yor very Lov: Friend.
Apr: 28th Fran: Louelace.
1671.
1 Captain Thomas Delavall.
528 Province of New York [xlTv]
O. E. Instructions for Captn Delavall at his goeing
4" I9
(HYSL) to Albany. June ye 28'-h 1671.
Tune 28 These are to desire & Authorize you at yor being at Albany,
Esopus, or parts adjacent, that in all Cases of Emergency
relateing to ye Publique, you call to yor Assistance Captn
Willett, Captn Salisbury, & ye Comissaryes if at Albany
& ye Chiefe Officrs of ye place if at Esopus; Amongst
whom you are to prside in all Consultacons; And that
you Act & doe according to ye best of yor Judgm* in all
Mattrs relateing to his Maties Service, & ye good Governm*
of these his Royal Highness Territoryes; Offwch as Occasion
shall require you are to give mee speedy Notice; And for
what you shall herein lawfully Act or doe this shall be your
Warrant and Discharge. Given under my Hand at fforte
James in New Yorke this 28'.h day of June in f 23th yeare
of his Maties Reigne. 1671.
Fran: Louelace
^:6o' Orders for y" Regulating of y6 Civill
(HYSL) & Military Affayres at Esopus.
*• Inprinws- That Cap* Chambers Command ye Militia
at Kingston, and Cap* Pawling Command ye other Company
at Hurley and Marbletowne.
2. That for exercizing ye said Militia both private and
Gen* they follow y6 prscription of the Booke of Lawes in
that Case Establisht; And soe likewise for ffining of Delin-
quents, prservacon of Armes, Ammunicon &c:
3. That every Towne in y" Administracon of Justice
follow ye Rules of y6 Lawes already sett forth, That is to say,
[xuv] Collateral and Illustrative Documents 529
That each Towne shall determine definitively ail Actions ®;^
under ffive pound according to y6 Lawes of Towneshipps. (HYSL)
4. That there shall bee a Co* of Sessions held each halfe
yeare at Kingston, which shall determine all Actions whither
Criminall or other (not extending to Death) & inflict pun-
ishmts according to the Merritt of y* ffact, whither on Chris-
tians or Indyans; And for Matt" Civill as other Cor*s of
Sessions doe here hold and Determine; wth this Provisoe
That any party aggrievd may have like Liberty to Appeale
to y6 Genril Court of Assizes held at New Yorke.
5. The Persons that are to sitt at y" Co?a of Sessions shall
bee Cap' Chambers, Justice of y" peace who is to prside as
Preside ye Schout of Kingston, & Elect Commissary, Cap*
Pawling for Marbleton, Albert Heymans for Hurley, & the
Eldest Commissary at Kingston.
6. That in regard ye Traffick at Esopus consists chiefly in
Come wch Invites Merchants from this City of New Yorke
to repaire thither to Negotiate wth ye {Farmers, and that
it may often happen out soe that some difference ariseing
above ye determinacon of Towne Courts, soe that the Mer-
chant according to y* ordinary Course of Justice must be
Constreyn'd to attend ye Sessions, wch may prove pre-
judicial! to his Affayre by ye approaching of Winter, or any
other Intervening Lett or hindrance; ffbr p'vention thereof
It may be lawfull for any Person at any other time to Cause
a Speciall Court to be call'd (as a Court of Sessions) the
Person being at ye Charge that convenes it; And all Actions
soe determined there shall bee Esteemed as Effectuall as if
it had past at ye Court of Sessions held at their usuall Seasons.
Francis Louelace.
OctobT 25^ 1671.
[34]
530
Province of New York
rno.1
LXLVJ
No. XLV.
DELAWARE AFFAIRS — THE WHOREKILL, CAP-
TAIN MARTIN CREIGER, MILLSTONES,
SLOOP OF JAN DE KAPER.
Col. MSS.
20:13
(HYSL)
Dutch
f 1670 1
[October J
[Expense Account in the Search for the Sloop of Jan
de Kaper.]
Translation:
Reckenning van onksten
gedaen van Hendrick de
Backer e anderen hier van
dan gesonden, naer t' verne-
men van t' Jacht van Jan de
Kaper.
Hendrick de Backer voor
eerst naer t' Jacht te soecken,
uijtgegeuen, aen de wilden,
6 vaem Sewant. . . .f/i2*
| duffels .......... fn$t
f ttCruit .......... fr 4,
Noch bij accort be-
dongen
Noch aen Jan Boeij-
er beloft ....... f/ 128*
Reckening van Harmanus
in gebrocht vor d. gejnter-
resde van t' Jacht van Jan de
Kaper: 13 elle duffels voor
Account of expenses of
Hendrick de Backer and oth-
ers sent from here to inquire
after the sloop of Jan de
Kaper
Hendrick de Backer, in
looking for the sloop, first
paid to the Indians
6 fathoms of seawant.f 12 —
5 [yards of] duffel., f 15-
| Ib of powder ..... f 4 —
Also stipulated by
agreement
fjoo —
Also promised to Jan
Boeijer ............ fi28 —
f458-
Account handed in by
Hermanus for those interested
in the sloop of Jan de Kaper
13 yards of duffel for 4 loads
U"LV]
Collateral and Illustrative Documents
4 drachten goet door de
wilden in d. Hoere kil ge-
dragen, van dito Jach[t] de
eel gereckent op f 121 f-156 —
f-458-
Summa
Translation: CoL MSS.
30:13
of goods carried by the Indi- (HYSL)
e u -j i Dw'c11
ans from the said sloop to
the Whore kill, a yard f 1670 "I
j f e f [October!
counted at fi2 f 156 —
Total
dito Helmanus brengt noch een
reckenning in voor sijn par-
tickulier bij hem verdient
vor verteerde kosten f
p' Jnuentarij van goederen
opgenomen
Noch vor sijn persoon uijt
gewest, vor versuijmde tijt
vor verteerde kosten
Noch aen piter groe"
f
f
24 /
20*
200*
16*
—45'
f 305*
Translation :
Said Helmanus hands in
also an account of personal
charges
For expenses f 24 —
For making an inventory of
the goods f 20—
Also for lost time, while
he was absent f 200 —
For expenses f 16 —
also to piter groe" : f 45 —
f 305—
welcke Sum
in gheen Con-
sideratie
genomen wert
Which amount
_ is not taken
into con-
sideration.
532
Province of New York
Col. MSS.
20:13
(NYSL)
Dutch
f i67° I
[OctoberJ
Endorsed:
A bill of Charges
about Jan de Capres
sloope.
1670.
C. A.
2:621
(NYSL)
1670
NOT. 7
An Ordr for Mr Peter Alricks to take a
paire of Milstones at ye Whorekill.
These are to certifye all whome it may concerne that I
haue given leaue to Mr Peter Alricks to take a paire of
Milstones lyeing in y" Sand at ye Whorekill fitt for a Horse
mill & belonging to no ^son there y? w?h he may remove
from thence & dispose of at his pleasure, He rendring a due
Account to me of y* Same. Given under my hand at ffort
James in New Yorke this 7*h Day of 9br 1670.
[Francis Lovelace.]
Col. Msa [Relation from the Magistrates at the Whorekill concerning
(KYSL) Jan de Kaper's Vessel.]
Dutch
[J67i : "I 1670 den 20 desemb isser
March I „. '
N. S. J ee sackamacker van Nassa-
wam bij sachamok wonende
alhier ter plaetse gecome e
hebbe hem afgevracht ofter
niet ee vaertuyg woorde
^nome tot de Zuijder see
heeft hij mij bericht e gesegt
daer is een vaertuijg ge-
vonde ant strandt by Cincke-
teck inlaet belangende onder
Translation:
1670, the 20th of Decem-
ber, a sachem of Nassawam,
living near Sachamok, came
to this place and I asked him
whether a ship had not been
heard of at the South Sea;
he informed me and said
that a ship had been found on
the beach near Cincketeck
Inlet resorting under Mary-
land, so I ordered Henrick
Collateral and Illustrative Documents
533
merrylandt soo heb ick hen-
drick drochstraete daer na
toegaende om te handele
met de wilde belast om daer
we[l] na te ^neme e is de 3
Jannawarij weder daer van
daen gecomen e heeft vande
wilden $staen datter on-
trent doe de maijs rijp wor-
dende een vaertuijg was ge-
strandt e eene boot vindende
hoch inde duijnen gedreven
met eenig goet daer in e
datse een doot persoon op 't
strandt hebben gevonden
met noch ^scheydene kisten
die uijt het Jacht waere
gespoelt e het vaertuijg lach
noch in t Water in t stucke
tegen de wal e met eenen de
boot Toonende de welcfke]
de wilde in het binnen water
hadde gewerckt e tot an
sackamock gebracht als oock
het wape van 't Jacht de
Jonge prins e Dito Hendrick
is doen van hier X^trocke na
Ny Castel om daer tijding an
te brenge van t Jacht den
Jannawarrij isser een Wilt
gekome van sackamock seg-
gende daer is noch bevers
Translation: Col. MSS.
ao : 10
Drochstraeten, who went (HYSL)
there to trade with the In-
dians, to make careful in- f~ 1671 "I
quiry about it. He returned |_ n/s. J
thence on the 3d of January
and understood from the
Indians that about the rime
when the maize was getting
ripe a vessel was stranded
and that a boat was found
cast high upon the dunes,
with some goods therein, and
that they found a dead body
on the beach together with
various chests which had
been washed from the sloop,
and that the vessels was
still lying in pieces in the
water close to the shore, and
that they showed him the
boat which the Indians had
hauled to the inlet and
brought to Sackamock, as
well as the arms of the sloop
de Jonge Prins; and the said
Hendrick thereupon went
from here to New Castle to
bring tidings about the sloop.
The 4th of January an In-
dian came from Sackamock
saying : " There are yet more
beavers and some other
534
Province of New York
rito. 1
LXLVJ
Col. HSS. i
20: 10
(NYSL) e eenich ander goet Comt e
Dutch
haelt net want de engelse
[1671 ~l willen kome e nement wech
March . ...
N. s. J waero* pieter gronendick met
Herman Cornelisz is daer
na toe gegaen e hebbe bevers
e goet daer van daen gehaelt
het welck op den Inventarij
kan blycke
de 29 Jannawar is hen-
drick drochstraete wederom
van Nij Castel gearriveert
met ule swense e Jan boeijer
om na de wilden te gaen om
na het volck vande sloep
te ^nemen heb als doe eene
Brief ontf van Cap* John
Car Witt Thorn pieter al-
richs onderteeckent ^soeck-
ende an mijn omme met
dese persoonen daer na toe
te gaen het welck ick oock
volbrackt hebbe soo als wij
aldaer quamen soo hebben
wy de wilden ondervracht
de wilde segten datse 2 dage
na den Storm waeren na
de plaets toegevaere om te
gaen osterfen] soo hebbense
het Jacht aldaer gebrocke
an't strant sien leggen e de
boot inde duijnen e ee doot
Translation:
goods; come and get them,
for the English will come and
take them away." Where-
upon Pieter Gronendick and
Herman Cornelissen went
there and took the beavers
and goods from thence, as
may appear from the inven-
tory.
The 2Qth of January,
Hendrick Drochstraeten re-
turned from New Castle with
Ule Swensen and Jan Boeijer
to go to the Indians to in-
quire after the people of the
sloop. I received then a
letter signed by Capt. John
Car, Wilt Thorn [and] Pieter
Alrichs, requesting me to go
thither with those people,
which I did. As soon as we
arrived there, we questioned
the Indians. The Indians
said that two days after the
storm they paddled to the
place to go oystering, and
so saw the sloop lying broken
on the beach, and the boat
high upon the dunes, and a
dead body washed ashore, of
tall stature, with brown hair
and a very big belly. We
Collateral and Illustrative Documents
535
Lichaem an strandt ge-
spoelt lang van posteur brun
haijr e ee heele dicke buijck
wij X^sochten ee wilt met ee
Canoe om daer na toe te
gaen het welck de sack-
[amacker] toestont I 1/2
vaem swart Zeewant ginge
ontrent 2 duijtse my[le]
verder op eene plaets genamt
Sinckoachkinck e dewiel het
heel kout was e Harde N W
wint e durfde inde Canoe
niet avontuere moeste alsoo
7 dage onder de wilden
X^slijte door dien het water
toevroes het welck wel 3
duijtse breet o* is soo nader-
handt e wilde de wilt die wy
gehuert hadde niet meede
e wij niet langer e Conde
blijve name een Canoe vande
Wilden om weder ande
vaste wal te kome bracke
door 't ys e als wij in de
midde quame was het ope
door de S' windt dieder op
quam waer o* wij in groot
perykel waere want het ys
quam van eene syde met de
eb e de ander Syde met de
wint tegen de kano quame
Translation: Co1- MSS-
20 : 10
asked for an Indian and a (RTSL)
, . , , . , Dutch
canoe to go thither, which
the sachem granted for I 1/2 |~ 1671 ~|
fathoms of black seawant; |_ 5/3. J
we went about two Dutch
miles further to a place
called Sinckoachkinck and,
as it was very cold and there
was a strong N. W. wind, we
dared not venture any fur-
ther in the canoe and were
obliged to waste 7 days
among the Indians, during
which the water, which is
about three Dutch miles
wide, froze over. After-
wards, the Indian, whom we
had hired, would not go
with us, and, as we could
not stay any longer, we took
a canoe from the Indians to
return to the main land; we
broke through the ice, and
when we reached the middle
it was open, on account of
the south wind which came
up, and we were in great
peril, for the ice came from
one side with the ebb tide
and from the other by the
wind against the canoe; but
after much labor we managed,
536
Province of New York
rito.i
LXLVJ
Col. MSS.
20:10
(HYSL) godt lof door veel arbeydens
Dutch '
nocn ot doen wy o* quame
tl67i ~| gingen weder by de Voorige
March }
H. S. J wilden resolveerden na de
Engelse tot Bocquetenorton
te gaen do[or] dat daer de
boot was want een Engels-
man had bij de Wil[den]
geweest e hadde de boot van
daen gehaelt om alsoo met
de boot daer na toe tegaen
daer wij des anderdachs
quame de 14 feb aldaer
^stont ick an eenige Jnwon-
ders d atter sommige van
haere nabuere na dat sy
het vande wilde gehoort
hadde datter ee vaertuijg
gestrandt was waere na toe
gevaere e eenich goet van
daen gebrocht soo ontmoeten
ick ee Commissaries van
Jocomock wiens naem is
ames Weedon alhier nu
inde hoerekil woonachtich
waer van ick ee warandt
^socht om te ^neme hoe het
met vaertuyg e het goet dat
gebracht was daer van daen
E waer het volck mochte
belandt sijn de welcke alsoo
dede e ginck met de warandt
Translation:
God be praised, to get across.
When we got across we re-
turned to the aforesaid In-
dians. We resolved to go
to the English at Bocquete-
norton, inasmuch as the boat
was there, for an English-
man had been among the
Indians and taken the boat
away; [we decided], there-
fore, to go there by boat.
We arrived there the next
day, the I4th of February.
I understood from some of
the inhabitants that some of
their neighbors, after they
had heard from the Indians
that a ship had stranded,
had sailed thither and brought
some goods from there. I
met a commissioner of Poco-
mock, James Weedon, by
name, who now lives here in
the Whore Kill, whom I
asked for a warrant to make
a search for the vessel and
the goods which had been
taken from it, and to find
out what had become of the
crew, which he gave me.
With this warrant I went to
the constable, who at once
BSrJ
Collateral and Illustrative Documents
537
na de Constabel de welcke
Terstont met myn ginck van
huys tot buys e de geene die
wat hadde gevonde Toon-
dent soo sij seyden Toonde
2 Jse boute van't Jacht ee
ander dry boute 1/2 ledich
vat waer van noch ee anden
seyde ick 3 gard kerseij
gevonde bet welck onder t
sant was gedolven e een
kleyn Slipien siende haeldent
uyt bet water soo alwat daer
wierde getoont is van kleyne
importantie e vonde de boot
oock aldaer waer van de
sitbanck uyt was bet welck
de wilde seyde daer uijt was
doen sy de boot vonde op
de Jnventarij heb ick bet
pertinent ges[et] al wat tot
Bocquetenorton is bij yder
man als bet weer wat stil
woorden soo royden wy met
de boot vandaen na t rack
om te sien met een wilde
Jonge maer de N O wint
hief op soo dat wij ter
nouwer noot an James onils
eijlandt quame daer wy door
rege e wint wierden op
gehoude royde daer na noch-
30:10
Translation:
went with me from house
to house, and those who had
found anything showed it as f l67* ~\
°~ . March
they spoke. One showed |_ w. s. J
two iron bolts of the sloop,
another three bolts and a
half empty cask, while yet
another said that he found
three yards of kersey which
was covered over by the
sand and, seeing a small piece
of it, he pulled it out of the
water; so that all that was
shown to us was of lit-
tle importance. We found
there also the boat, the seat
of which was gone; the In-
dians said that it was lack-
ing when they found the
boat. On the inventory I
have noted in detail every-
thing that is at Bocquete-
norton in each man's house.
When the weather became
somewhat calm, we rowed in
the boat with a young Indian
toward the wreck to examine
it, but the N. E. wind came
up, so that we scarcely
reached James O'Neil's Is-
land, where we were delayed
by rain and wind. Never-
538
Province of New York
Col. MSS.
20:10
(5YSL) tans inde wmt daer na toe
Dutch .
soo als wy daer quame soo
^1671 "I ginge wij het strandt wel 3
K*S. J duytse miele langs. vonde
het Jacht in 't sant bedeckt
te deele alle de syde plancke
vonde wij langs strandt op
gesmete e hier e daer ee
stuck van 't deck e stucke
van 't Jacht e plancke e
de spil lagh ontrent ee ur
gans van Wrack het welck
dwars tegen de wal leijt maer
hebbe geen doode lichaem
noch gebeente Cunne vinde
de lieden van Bocquetenorton
seyden dat sy het doode
lichaem [niet gesien] ' hadden
maer seyde dat de Wilden
hadden geseght dat de wolf
die al ^slonde had het welck
de wilde oock tege ons seyde
als wij se Thien vaen Zee-
want met ee decke presen-
teerde datse ons het lichaem
ofte gebeente soude wijse
seyden de wolf heeft het
^slonde e het Zant of water
heeft het gebeente bedeckt
vonde ten laetsten de gieck-
haeck met ee kort ent houts
1 Original mutilated.
Translation:
theless, we rowed thither
afterwards in the wind, and
when we came there we went
along the shore for at least
three Dutch miles and found
the sloop partly covered by
the sand; all the side boards
we found cast upon the
beach, and here and there
a piece of the deck and
pieces of the sloop and boards
and the windlass lay about
an hour's walk from the
wreck, which lies length-
wise against the shore, but
we have not been able to
find any dead bodies or
bones. The people of Boc-
quetenorton said that they
had [not seen] the dead body,
but said that the Indians
had said that the wolf had
already devoured it, which
the Indians told us also when
we offered them ten fathoms
of seawant and a blanket to
show us the body or bones.
They said: "The wolf has
devoured it and the sand or
water has covered the bones "
At last we found the boom
rHo. I
LXLVJ
Collateral and Illustrative Documents
539
noch in het het welck wij
uijt brande e nament mede
onderwiel dit geruchte in
merrijlandt waer van de ges-
trande sleep soo hebbense
die man Jan deverus van
bocquetenorton Jn aparentie
genome door dien hij by de
wilde waerts geweest sender
kennis van eene Commis-
saris Als oock een wilde
Jonge out ontrent 16 a 17
Jaere de welcke Comfessen
dat de wilde veel goet hadde
gevonde e geborge maer als
na de lord van Merrylandt
sijngesondegeworde e onder-
socht siende soo Sien deselve
wederomme vrij gelaete doe
wij tot bocquetenorton quame
soo waere sij al in preson
^voert e wij e konde bij
de wilde noch engelse eenich
tecke hoore of ^neme van
mast of Zeijl of Touwerck
of hoede want wij e hebbe
niet Cunne vinde eenich
tecke van mast ofte tou doe
quame wij weder tot boc-
quetenorton soo ordonneerde
ick hendrick drochstraete
met ule swense e Jan boeijer
Translation: Co1- Mss-
20: 10
hook with a short piece of (HYSL)
, ... . . J". , Dutch
wood still in it, which we
burnedout,andtookitwithus. |~ 1671 1
Meanwhile, the rumor of the L H. s.
stranded sloop having spread
in Maryland, they appre-
hended the man Jan Deve-
rus, of Bocquetenorton, be-
cause he had been among the
Indians without the knowl-
edge of a commissioner, and
also an Indian youth, of
about 1 6 or 17 years, who
confessed that the Indians
had found and secured a
great quantity of goods; but
when they were sent to the
lord of Maryland and ex-
amined, they were set free
again. When we came to
Bocquetenorton, they had al-
ready been put in prison, and
neither among the Indians
nor the English could we
learn or obtain any informa-
tion as to mast, sail, rigging
or yard covers; nor could we
find any sign of either mast
or rigging. As soon as we
returned to Bocquetenorton
I ordered Hendrick Drock-
straeten, together with Ule
540
Province of New York
•Ho.
Col. MSS.
20: 10
(HYSL) datse Weder na de Wilden
Dutch ._
soude gaen e levere net
[1671 "I Volck op het geene noch
H. s. J onder haer mochte wese e
't goet dattse noch hadde e
ick ytrock van daer na
Manocke om te Wneme hoe
het met de gevangene mochte
afloope door dien de spracke
waer dat de Wilden de
Criste mochte ^mort hebbe
als ick nu daer quam soo
vont ick de gevangene maer
daer wiert in Cort noch gee
Court gehouden soo ^trock
ick weder 't huys Waert maer
heb X^stae datse sijn ov
gevoert na petoxsen maer
weder in vrijhz gestelt
[ ? ] feb e quam doe weder
't huijs Jan Boeyer met ule
swense e Hendrick bleef
noch bij de Wilde e de 24
feb ^trockense vanhier na
Nij Castel en dieselve dach
quame 2 wilde met goet van
Sackamock de welcke dito
Hendrick door dreygemente
hadde become de 26 feb
quam dito Hendrick self met
noch meer goet en dewiel
Jn merrijlandt e alhier ter
Translation:
Swensen and Jan Boeijer,
to go again to the Indians to
make them deliver up the
people, who might still be
among them, and the goods
which they yet had, and I
went from there to Manoc-
ken to find out what became
of the prisoners, for there was
a rumor that the Indians
might have murdered the
Christians. When I arrived
there, I found the prisoners,
but no court was to be held
soon and I, therefore, started
for home. I understand that
they were taken to Petoxen
and have been set at liberty
again.
The [?] of February I
came home. Jan Boeyer
with Ule Swensen and Hen-
drick remained yet among
the Indians, and the 24th
of February they went from
here to New Castle, and the
same day two Indians came
from Sackamock with goods,
which the said Hendrick had
obtained by threats. The
26th of February the said
Hendrick came himself with
Collateral and Illustrative Documents
plaetse ^mcet wierde dat
het volck van Jan de Capers
sloep moechte ^mort sijn
soo heb wij majestraete
alhier ter plaet[se] ee Injurije
belegt
Endorsed:
Translation:
more goods, and inasmuch
as it is believed, in Maryland
as well as here at this place,
that the crew of Jan de
Caper's sloop may have been
murdered, we, the magis-
trates of this place, have
summoned a jury.
Col. MSS.
20: 10
(IfYSL)
Dutch
r 1671 i
March
LN. s.J
A Relacon from the
Whore Kill about Jan de
Capres sloope.
1670.'
[Verdict of Jury at the Whorekill concerning Jan de
Kaper's vessel.]
Dit sy Condich wie het
mach Concerne dat nade-
mael daer was ee suspitie
dat de persoone van Jacht
de Jonge prins van Ny
Jorck mocht: wesen ^mort
dewiel sy waere gestrant on-
trent Jnketeck Inlaet Wij
majestraete vande Hoerkil
niet Conden de waerhz
J^neme resolveerde in ons e
voor de Extutution [sic] van
Justitie hebbe de eerste dach
'Or 1670-1671.
Col. MSS.
ao:io
(HYSL)
Dutch
1671
Translation:
Be it known to all whom it H. 3.
may concern, that whereas
there was a suspicion that
the persons of the sloop de
Jonge Prins of New York
might have been murdered,
while they were stranded
near Jnketeck Inlet, We,
the magistrates of the Hoer-
kil, not being able to learn
the truth, deliberated at our
meeting, and for the execu-
tion of justice convened on
542
Province of New York
rno.i
IXLVj
Col. MSS.
20 : 10
(HYSL) van mart 1671 Vsamelt ee
Dutch '
somma van I wall vande
*67i principaelste manne deser
March i r r
N. s. plaetse belangende een wey-
nich goet dat is gesalveert
bij de Jndiane van Nassa-
wam e alhier gecome e om
te Examineere getuijgenis
concerning deselve Verdite
is als volgt
Dat het selve weynich
geseyde goet deselve doe
vinde dat het hefefjt nat
geweest van sout water e
dat bij de Evidences e
Consideratie van andre
Cacanstantes [sic] en deselve
^moeden is dat het Jacht
is gebleve in Zee e het Volck
^droncke e niet vermoort
Helmanis fr Wiltbanck
Croner
James weedon forman
Jan michiels
pieter gronendick
Antony hansen
pieter hansen
Jacobus klasen
Arian hermsen
Herman Cornelissen
John rods
Translation:
the first day of March 1671
the number of twelve of the
principal men of this place,
in order [to examine] a small
quantity of goods which has
been saved by the Indians of
Nassawam and brought
hither, and to consider testi-
mony concerning the same;
The verdict is as follows:
They find that the said
small quantity of goods had
become wet with salt water
and that, upon the evidences
and consideration of other
circumstances, their opinion
is that the sloop kept asea
and that the crew was
drowned and not murdered.
Helmanis Fr Wiltbanck
Coroner
James Weedon Foreman
Jan Michiels
Pieter Gronendick
Antony Hansen
Pieter Hansen
Jacobus Klasen
Arian Hermsen
Herman Cornelissen
John Rods
Collateral and Illustrative Documents
543
Tomas davie
Thomas skidmor
Translation:
Tomas Davie
Thomas Skidmor
Col. MSS.
20: 10
(NYSL)
Dutch
Willem klasen
Willem Klasen
1671
March x
U.S.
Helmanis Fr Wilrhanck «
Helmanis Fr Wiltbanck
Certaine Instructions from ye Govern'
to Capt" Martin Creiger (being bound
to ye Whore Kill.) March if* 1670.
Inprimis.
You are to bring mee an Acco* of the encrease or decay of
the Inhabitants there, & whether any new ffamilyes are
resolvd to settle here under y* protection of his Royall
Highness.
You are to give mee an Acco' w' y" Civill Offic" are, &
whither ye Scout is to be alterd this next ensueing yeare, and
that ye person to Succeed be recommended to mee, whom I
will Authorize for 2 yeares next ensueing.
To enquire concerning those Indyans that murder'd John
de Capers people, & to lett mee know under what Juris-
diction they live.
To bring ye Mill Stones wth their Appertenances with
you, unless y" Inhabitants have need of them; and agree
with you for them in prsent Pay; This to be profferd to Mr
Mills first.
To remoove the Customes, & to restore them to their
Auncient Liberty.
March. 17. 1670.
Franc: Lovelace.
1 In a duplicate of this document in Col. MSS., vol. 20, p. 12, there are a
few variations, the principal of which are: Nassaawaam, in the body of the
text; and Arian Hermens, Thomas Da vies, in the list of jurors.
C. A.
2:664
(NYSL)
1670/1
Mar. 17
544 Province of New York
(ITCSL)
Dutch
CoL MSS. [Inventory of Peltry, etc., saved from Jan de Kaper's Sloop.]
[EJkstract [u]it de [P]rotocolle.
luyi
Mar. 30
Inventaris van pelterij die geburge sijn
W't het Jaght van Jan de kaper dat #ongel[uckt] js e
zijn ae de meest biedende ^koght te weete ae Mon' Hen-
drick Cousturier e zijn deese
15 heele beevers a 20 gl: 't stuck f 300 — i
14 kleijne beevers a 15 gul: 't stuck f. 210 — *
6 Otters e 12 katlosse e 7 vissers
3 vosse i Wolf ee last beever e
4 halve beev aP te same voor f 200 — *
Nogh ae seuant twee e 't negentigh gul: f. Q2 — i
beloopt te same de somma f 802 — i
Dies sal MonT. Hendrick Cousturier betale ae Harmanes
freedricks 13 el duffels a 12 gul: d' el beloopt f 156 — i
nogh voor ee gesp kruijt e ee mes te same f — 6 — /
Nogh ae Harme Cornelisz. 2 e f el duffels a 12 gl:
d' el beloopt f -32—*
'twelck sij hebbe ae de wilde gegeeve tot ee schenckadie
voor de voorsz: goedere die sij bekoome hebbe
Actum Nieu Castel Matt: De Ringh
Den 30 Maert A? 1671 Klerop
Acordeert Met de
Protocolle
Collateral and Illustrative Documents 545
Translation: Extract from the Protocol <
Inventory of peltries which were rescued from the wreck (RYSL)
of the sloop of Jan de Kaper, and which were sold to the
highest bidder, to wit, to Mr. Hendrick Cousturier, as follows : 1671
Mar. 30
15 whole beavers @ 20 guilders a piece f 300—*
14 small beavers @ 15 guilders a piece f. 2IO — I
6 otters, 12 cachalots, 7 fishes,
3 foxes, i wolf, one last of beavers and
4 half beavers, all together for f 20O — t
Also, in seawant, ninety-two guilders f. . 92 — *
Amounts together to the sum of f 802 — i
Mr. Hendrick Cousturier, therefore, shall pay to Harmanes
Freedricks 13 els of duffel @ 12 guilders an el, amounts
to f 156 — i
Also, for a buckle, powder and knife, total f 6 — *
Also, to Harman Cornelissen 2| els of duffel @
12 guilders an el, amounts to f 32
which they gave to the savages as a present for the afore-
said goods which they secured.
Done at New Castle Matt: De Ringh
the 30th of March A? 1671 Clerk
Agrees with the Protocol.
Endorsed: An Inventory of the
Peltry &c saved out of
Jan de Capres sloope
—1670.
[35]
546 Province of New York
^•A Lre from ye Governor to ye
(NYSL) Governor of Mary-Land.
Honble S?
May 22 1° 7* first place I congratulate yor happy & safe Returne
from Europe (together wth yor Ladyes, and all yor Relacons)
into Maryland, where may yo' Continuance be never Inter-
rupted by any synister Accident either publique or private.
Next, I am importun'd by y6 surviveing Parents of those
unfortunate Children (Mr Courtree, & John ye Caper, y6
first looseing one, & the latter 3 Sonns) to begg you to com-
passionate their Condicon, and to afford them yoj best assist-
ance to y6 Recovery of some of their Sonns, out of ye hands
of their cruell & barbarous Indyan Possessor% in whose
Custody they heare (& wth some assurance) they remaine
still unmurtherd. All y6 Inquisicon has been made from
Delaware after them that may bee, but in regard of the
remoteness of Place, & want of Power sufficient to compell
y6 Natives to a cleere confession, little of moment has been
perform'd to the satisfaction of ye Truth; And as it lyes now
in yor Power (ye Scene where that tragicall Action hap'ned
being in yor Dominions,) Soe likewise wee all rest assured
you will afford us yor best assistance to ye detection of soe
horrid an Usage committed on those Christians and Subjects
to his Matie
All ye Light wee can discover as yet is, that in Jan1? (upon
information) one Henry y6 Baker, ats Trowstat, repaired to
Finquakin an Island on the Sea-Coast in yor Confines, but
could discover little; In ffebruary upon fresh Intelligence hee
made another Journey thither accompanyed with two others,
viz* John Bowyer & Oloff Swans a Swede, where (after great
difficulty) they arriveing at y6 same place, upon more diligent
Search found at last, ye Boate belonging to ye Sloope wth two
Oares in it, & a Chest, but saw noe humane Creatures either
Collateral and Illustrative Documents 547
civill or savage, & return'd with this Relacon, since w** a £ A,
(NYSL)
fresh Reporte is arriv'd that some of ye Company was
murther'd& some of ye Youths p'serv'd alive It being Cus-
ternary to those Natives to treat Youth wth more Tender- May aa
ness; Thus farr wee have trac'd the sad Catastrophe of that
Sloope; It now remaines that you will vouchsafe to proceed
to a full Discovery what is become of y6 surviveing Children,
whose Parent not onely wth Teares Supplicats yor generous
Assistance, but will likewise wth all y* demonstracons of
Gratitude compensate what Expence you shall putt yor selfe
or others to, in ye compleating a full assurance, either of
their Joy or Misery. Thus referring this Affaire to yor
Honble & worthy Consideracons I take my Leave of you w*h
all respect of being
Sr
Yor very humble & affect
New Yorke Servant
May 22** 1671: Fran: Louelace
An Ordr about y* Goods y* C. A.
were cast on shore by Ship- (HYSL)
wrack out of y* Sloope,
Prince of Orange.
Whereas I am given to understand that some of y* Goods 1671
shipt on Board ye Sloope y* Prince of Orange, w0*1 was y*
last yeare unhappily lost by Ship-wrack or otherwise, as
shee was bound from New Castle in Delaware River to this
Porte, were cast on shore, or by some other meanes saved
by y6 Indyans, & are now secured in ye Towne of New-
Castle; To ye end it may the better be knowne & Discovered to
whom such Goods doe of Right belong; These are to Author-
ize & require you, that wth y6 first Opportunity of a Vessel
548
Province of New York
[xLVU
C. A.
2:707
(WYSL)
1671
June i
to come from those parts hither, you cause ye said Goods
to be shipt on board for this Place; you takeing an Inventory
thereof, where Care shall be taken for their Disposall accord-
ing to Equity & Justice. Given under my Hand at ffbrte
James in New Yorke this first day of June 1671.
[Francis Lovelace.]
To Captn Carr, & y" rest of ye
Offic" at New-Castle in
Delaware-River.
No. XLVI.
ALBANY — FARMING OUT OF TAPPERS EXCISE.
G. E.
4:282
(NYSL)
1671
Aug. 2
Some Orders made by Governor
Lovelace, when hee was at Albany
in An? 1671.
Whereas for the Well-Governm* and holding of Courts of
Justice in this Towne for the Inhabitants thereof, as also
of the Colony of Renzlaers-Wijck, Schanechtide, & parts
adjacent, as well as Strangers, there have been annually
Elected two Commissaryes for this Towne & Schanechtide,
& two more for Renslaerswijck to supply y6 places of two
others in each place that are dismist, and to bee joyned to
one of each Place that reamines in making all together
the Number of 6 Coin: besides the Schout: And I being
informed That those Commissaryes who are Elected for
Renslaerwijck, either by reason of the distance of their
Habitation from the Towne, or their other Occasions are
often absent when they are appointed to meet, soe that noe
[XLVI] Collateral and Illustrative Documents 549
Court can then bee held, to the great dissatisfaction of those °-^
who have Busynesse, and give their Attendance there; I (HYSL)
have by & with the Advice of my Councell thought fitt to
Order & Appoint, & by these presents doe Order and Aug. a
Appoint that one person more bee annually added for the
Towne of Albany, & ye same Number as formerly to con-
tinue for Renslaerswijck, whereby upon all Occasions their
Courts may the more regularly bee held, and noe Obstruction
bee putt to the due Proceedings of Justice. Given under
my hand and Seale at ffort Albany the 2"? day of August
in the 23"? yeare of his Ma'!88 Reigne, Annoqe Domini 1671.
{Fran: Louelace.
[Order for a Court at Albany.] O. E.
4:284
/WVOT \
Memorand™ It is likewise Ordered & Appointed That
for the better Dispatch of Busynesse, The Presid* w*h any Aug. a
three of the Commissaryes shall bee a Court to decide &
determine all Cases which shall come before them.
Thomas De Lavall empowered to deter- G- E.
mine such Busyness at Albany as was (NYSL)
left undone by the Governo* &c:
Whereas although most Busynesse of Concerne in this ^71
place hath been heard & debated before mee during my being Aug" 3
here and severall Orders made there-upon, but my Occasions
calling mee back to New Yorke, and you making some Stay
behinde mee, there being some other Matters left undeter-
mined; These are to Authorize & Appoint you to take
Cognizance of all such Matters, whether relating to the Pub-
lick, or of private Concerne, and to give such Order therein
55O Province of New York
G. E. as yOU shall finde most expedient and suitable to Justice
(HYSL) & Equity; Of which you are to render mee an Acco* at yo*
.. Returne: And for what you shall Act or doe herein, This
Aug. 2 shall bee yo? Warrant. Given under my hand at ffort
Albany this 2* day of Aug?' 1671.
Fran: Lovelace.
To Cap* Thomas Delavall.
J: 5 Recorded for Cape Thomas De La-vall,
(NYSL) concerning his ffarming out y6 Excise at
fforte Albany.
1671 Whereas y6 R* Honble Coll: Francis Lovelace by his War-
rant Dated y6 2d Day of August 1671 here in Albany hath
Empowered mee to take Cognizance of all Matt" relateing
to ye Publique or private Concernes, and by his former Order
to me in particular concerning ye Letting to ffarme ye Grand
Excize of Beer and Wine, and according to ye ffore-goeing
Orders I did Demand of Johannes Provost if hee would have
ye Excize at y6 same Rate hee had it ye last yeare in prsence
of Captn Schijler, Stephanus van Cortlandt and others, his
Answer was hee could not; then I told him I would discharge
him from that day if hee would; hee seemed to be content,
whereupon immediately I lett it out to Martin Crieger Jun?
for ye same Rate hee paid, wch was 6600 Guildrs, for ye
ensueing yeare, and to begin y6 25th Day of July, and to pay
to y6 said Provost pro Rato untill ye 5th of August, as hee had
done in y* yeare 1669. His Honors comeing up was the
Occasion I did not putt Martin Creiger into Possession at
y6 time of the ffarme being then expired; but soe soon as
the Governor was departed from this Place being ye 28th
of July, Martin Creiger demands ye Contract made wth mee
to have y6 ffarme from y6 25th day of July, but his Honor
Collateral and Illustrative Documents 551
being willing to Accomodate Provost, would not make any ®- ^
Dispute, but told Martin Crieger hee should have y* ffarme (NYSL)
from y° 5th day of August 1671. untill y" i6th of August ifi7j
1672; and at y6 same Rate, in Consideracon of y" Loss Aug. 6
hee sustaines in not haveing ye ffarme from y6 25th day of
July; and to Avoid Disputes for ye future did Agree with y°
said Martin Crieger JunT. to hold y" ffarme from y" l6th of
August 1671. untill ye 26th of October 1672; and to pay
Twelve hundred Guild" more; Soe that the ffarme is now
lett for th'ensueing yeare for Seaven Thousand Eight hundred
Guild™. Martin Creiger complaining ye best of y6 time was
past, & that hee thought hee should have paid noe more then
pro Rato as Provost had done; Now by Vertue of my afore-
said Comissions or Orders to mee, 1 doe by this Lett y6 said
Grand Excize unto you Martin Crieger Junr from y8 5th of
this prsent August 1671, untill y6 26th of October next
ensueing, wch will be in y* yeare of or Lord 1672. with all y"
proffitts & Benefitts thereunto belonging, And to all Intents
& Purposes to enjoy it wth all ye Priveledges yor Predecesso"
had, or any before you in y8 like Manner; And y" said Con-
tract I doe engage shall be Confirmed by y6 Hon? Col!
(Francis Lovelace. In performance hereof I have hereunto
sett my Hand this 6th Day of August 1671.
[Thomas Delavall.]
ffor y6 Suffie of 7800. Guild".
The Governore Confirmacon of y" Agreentf G. E.
betwixt Cap^ Delavall & Martin Creigr Jun? (&SL)
touching ffarming out f Grand Excize at
Albany.
Whereas I did Entrust & Empower Mr Thomas Delavall
Mayor of this City, and one of ye Councell to Lett to ffarme
552 Province of New York
ye Grand Packt or Excize of Beere and Wine at Albany for
(NYSL) y6 yeare ensueing, ye wch accordingly hee hath done by
Agreem* wth Martin Crieger Jun* That hee shall hold y°
Sept. 14 said Grand Packt or Excize or Wine & Beer wth all ye
Proffitts and Benefitts thereunto belonging from ye time of
ye Expiracon of ye Terme for w011 it was lett to David Provost
(being ye 5th day of August) untill ye 26th day of October
1672; Hee ye said Martin Creigr paying for y" same ye
Sume of Seaven Thousand eight hundred Guildrs Seawant,
w°h is 6600 guild" ye Sume it was lett for ye last yeare, &
1200 Guild" more in consideracon of ye time over & above
y6 yeare; I doe by these prsents Allow of, Ratify, & Confirme
y said Agreem* made by Mr Delavall wth ye sd Martin
Crieg1", that hee hold & enjoy ye said Grand Packt or Excize
wth ajj ye prof5tts and Benefitts thereunto belonging for y"
rime and Terme, and for y6 Sume afore-men coned. Given
under my Hand &c: this the 14th Septembr. 1671.
[Francis Lovelace.]
No. XLVII.
LONG ISLAND — TROOP OF HORSE OF NORTH
AND WEST RIDINGS OF YORKSHIRE.
C. A. Gentlemen
(NYSL) Having this last yeare setled a Militia of Horse in y? West
l670 Ryding of Long Island, wherein I mett w*b all y? Concur-
Oct- 24 ranee of those that would voluntarily list themselues as
Troopers, wch resolutions as I look't upon them as proceed-
ing from y? desires they had to put themselues into such a
Collateral and Illustrative Documents 553
posture of Discipline as is conceiu'd will most tend to y? C.'^,
prservarion of y" Country in safety & quiett not onely against (HYSL)
intestine troubles but likewise of y? Insolence of y? Indians
1*7°
(if any such occasion should happen) so likewise I thought Oct. 24
it my duty to represent this their Cheerfull obedience to his
Royall Highnesse who not onely approved of this manner of
framing a Troop but likewise that y" rest of y". Island should
follow so servisable an Example, I cannot therefore but
recomend this to yo' Care & managem* & would desire you
at some Convenient Season before ye Springe to Assist Capt?
Younge in Listing & inrowling such Volunteers as will engage
in that Imployment, & y' w*h y? best oppertunity you send
me up a List of them, I have Constituted him to be y?
Captaine, for y" oth' Subordinate officers I leaue to y? free
Elections of such as y* Major ^te of y? Troop will nominate,
of w?h They are to retorne a double Choice, & then out of
them I shall appoint such as I conceiue most proper by
Comissionating them in their Charge. In y? Springe Season
I purpose to be w'h yoV & view y? Generall appearance both
of Horse & foot, not doubting in y? least, to fynde y? Militia
in such a posture as is fitt for y? end it is designed for; I
would not willingly beleiue some haue beene so indiscreet as
to discountenance oth" from listing themselues, unlesse by
scattering a Jealousy amongst men onely to fitt them for
more desperate & Impious undertakings, but I shall insist
no more on that ^ticuler till I am convinc't by y? Sequell,
In y? meane tyme I expect yo' chearfull concurrance to this
my ord^ & promoting a Cherfull complyance of such as are
qualifyed for that Imploym' I haue no more but to Assure
yo" that I am
Yor very Loving freind
Fort James 24th of Fr: L.
Octobr 1670.
554 Province of New York
2
C. A. The Governors Ordr to ye Troope
"
(NYSL) about choosing them Offic".
1671 Whereas Proposalls & Request hath been made unto Mee
by some of y6 Offic" and others in ye behalfe of y6 Troope
of Volunteers that they being destitute of a Captaine &
Lievten* to Command their Troope at ye Gen" Trayning,
where they are in short time Commanded to give their
Attendance; Vpon mature Deliberacon & Advice had here-
upon, I doe thinke fitt to recomend unto ye sd Officrs &
Troop" that they make choice of Three persons for Captn,
two for Lievten1, & 2 for Cornett; & speedily returne y6
Denominacon of them unto mee, out of wch Number I shall
constitute & Appoint one of each to be ye chiefe Officer of
y* Troope who shall have my Commission by Authority of
his Royall Highness for ye same; Given under my Hand at
fforte James in New Yorke this i8th day of May 1671.
[Francis Lovelace.]
To Mr Thomas Willett Cornett
to be Cofnunicated to ye rest of the
Troop at their Meeting-together
To-Morrow being ye 19th instant.
Ordered that Capt1? Nicolls, Tho:
Willett, Elias Doughty, & Tb
Wandall be Offic" to ye Troop.
(HYSL) Willett, Elias Doughty, & Tho:
1671 Whereas according to my Ordr of the 13th ' of this instant
Month, that Election should be made by y6 Troope of Volun-
teers of their Captaine, Leivten*, & Cornett by returning y6
Names of three Persons for Captain, & two a piece for
Lievten4 & Cornett, wch accordingly hath been done, &
• This should be " i8th."
Collateral and Illustrative Documents 555
their Names returned unto mee, Out of ye Number soe C-,A-
* a: 697
returned I have thought fitt to Nominate & Appoint Matthias (HYSL)
Nicolls to be Capt, Thomas Willett to be Lievten* & Elias
1671
Doughty to be Cornett of ye said Troope, & also that Thomas May »
Wandall who was Eldest Corporall be Quart'-Mast1', for
y* wch they shall have their severall Coffiissions. In y"
meane time this my Resolucon is to be Comunicated to y*
Troope in Generall, who are ordered to give their Attendance
at y8 fferry on Wednesday by three a Clock, where
they shall receive further Orders. Given under my Hand
at fforte James in New-Yorke this 22th day of May. 1671.
[Francis Lovelace.]
Commission for Captn Matthias c- *•
Nicolls to be Captaine of the (HYSL)
Troope of Volunteers upon
Long Island.
Francis Lovelace Esq^ Governo? Gen" under his Roy11 Ml67X
Highn8 James Duke of Yorke & Albany &c: of all his
Territoryes in America.
To Matthias Nicolls. Capt?
By Vertue of ye Comission & Authority unto mee given
by his Royall Highness I have Constituted & Appointed, &
by these Presents doe hereby Constitute & Appoint you
Matthias Nicolls to be Captaine of a Troope of Horse
Lysted or to be Lysted within yc North & West Rideings of
Yorkshire upon Long Island or parts adjacent as a Troope
of Volunteers; you are to take into yor Charge and care y"
said Troope as Captaine thereof; & duely to Exercise both
yor inferiour Officers & Souldiers in Armes, & to use your
best Care, Skill, and Endeavour to keep them in good Order
& Discipline. Hereby requireing all inferiour Offic" and
556 Province of New York
2%o8 Souldi1? un^er yor Cofnand to obey you as their Captaine; &
(HYSL) you are likewise to observe & follow such Orders & Direc-
tions as you shall from time to time receive from mee or other
lOyi
May 22 yor superiour Officre according to ye Discipline of Warr.
Given under my Hand & Scale at ffbrte James in New-
Yorke. this 22th day of May 1671.
[Francis Lovelace.]
C. A. Commission for Mr Thomas Willett
(HYSL) to be Lievten* of ye same Troop.
1671 Francis Lovelace Esq* One of the Gentlemen of his Maties
May22 Honble Privy Chambr, & Governor Gen11 under his Roy1.1
Highness, James Duke of Yorke & Albany &c: of all his
Territoryes in America.
To Thorn: Willett Lievten'
By Vertue of ye Commission & Authority unto mee given
by his R: H* I have Constituted & Appointed & by these
prsents doe hereby Constitute & Appoint you Thomas Wil-
lett to be Lievten* of a Troope of Horse Lysted or to be
Lysted wthin y6 North & West Rideings of Yorkshire upon
Long 1st"? or parts adjacent wthin this Governm1, as a Troope
of Volunteers, whereof Matthias Nicolls is Captaine. You
are to take into yor Charge & Care ye said Troope as Lievten*
thereof, & duely to Exercise both ye inferiour Officrs & Soul-
diers in Armies, & to use yor best Care, Skill, & Endeavour to
keep them in good Order & Discipline; Hereby requiring
all inferior Officers & Souldiers undr yor Comand to obey you
as their Lievtan'; And you are likewise to observe & follow
such Ordrs & Directions as you shall from time to time
receive from mee or other yor superio1" Offic" according to
ye Discipline of Warr. Given under my Hand and Scale at
fforte James in N: Yorke the 22th day of May. 1671.
Fra: Louelace.
Collateral and Illustrative Documents 557
Comission for Mr Elias Doughty to c- A-
* a: 700
be Cornett of y° same Troope. (HYSL)
Francis Lovelace Esq' &c: —
To Mr Elias Doughty Corn*?
By Vertue of y* Comission & Authority unto mee given by Ml671
his Royall Highness I have Constituted & appointed, & by
these prsents doe hereby Constitute & Appoint you Elias
Doughty to be Cornett of a Troope of Horse Lysted or to be
Lysted wthin ye North & West Rideings of Yorkshire upon
Long 1st1! or parts adjacent wthin this Governm' as a Troope
of Volunteers, whereof Matthias Nicolls is Captaine. You
are to take into yor Charge & Care y? said Troope as Cornett
thereof; & duely to Exercise both yor inferior Officers &
Souldiers in Armes, & to use yor best Care, Skill & Endeavour
to keep them in good Order & Discipline; Hereby requireing
all inferiour Officre & Souldiers under yor Comand to obey you
as their Cornett. And you are likewise to observe & follow
such Ord" & Directions, as you shall from time to time receive
from mee or other yor superiour Offic™ according to y° Dis-
cipline of Warr. Given under my Hand and Seale at Forte
James in New Yorke the 22th day of May. Anno Dm 1671.
Fran: Lovelace
Commission for Mr Thomas Wandall c- A-
a: 701
to be Quarter-Master of y" (HYSL)
same Troope —
Francis Louelace Esqj &c: —
To Mr Tho: Wandall Quart'-Mastf
By Vertue of y" Comission & Authority unto mee given 1671
by his Royall Highness I have Constituted & Appointed,
& by these prsents doe hereby Constitute & Appoint you
558 Province of New York
C. A. Thomas Wandall to be Quartr-Mastr of a Troope of Horse
(HYSL) Listed or to be Listed wthin ye North & West Rideings of
Yorkshire upon Long Island, or parts adjacent wthin this
May 22 Governm* as a Troope of Volunteers, whereof Matthias
Nicolls is Captaine. You are to take into yor Charge &
Care ye said Troope as Quartr Mastr thereof; And duely
to Exercise both yor inferiour Officrs & Souldiers in Armes;
And to use yor best Care, Skill, & Endeavour to keep them
in good Ordr & Discipline; Hereby requireing all inferior
Offic" & Souldiers under yor Cornand to obey you as their
Quartr-Mastf And you are likewise to Observe & follow such
Ordrs & Directions as you shall from time to time receive
from mee or other yor superiour Offic18 according to ye Dis-
cipline of Warr. Given under my Hand & Seale at ffbrte
James in New Yorke y° 22th day of May Anno Dm 1671.
[Francis Lovelace.]
No. XLVIII.
DELAWARE — NEW CASTLE AND THE WHORE-
KILL, PROPOSALS OF CAPTAIN JOHN
CARR AND ORDERS THEREON.
CoL MS& Some Matters to be tendred to the Con-
2O '. 22
(HYSL) sideracon of his Honr ye Governor &
his Councell touching ye Towne of
New Castle, & Plantacons in Dela-
ware River, now undr his R : H? Pro-
tection & Governm*.
1671 That ve Towne of New-Castle being ye strength of ye
[June] J . .
Rivr, and only capable to defend it selfe against ye sud-
Collateral and Illustrative Documents 559
dain Violence & Incursion of y* Indians, It's humbly Co1-
left to Consideracon, whether y6 Inhabitants should
not have some more then ordinary Encouragem*. As
if first That a Small Block-House may be erected in some [June]
convenient] Place of y6 Towne, where a Constant graunted
Watch may be kept, (now ye ffbrte is fallen to Ruine
& Decay) for their Comon Defence; the w°h will cost
noe great Mattr, & may be risen at y" Charge &
Expence of ye Inhabit'3 of y6 Towne, & Plantacons
upon ye Rivr, who will not be backwards (if any Order
shall be issued forth for it) in contributing towards y"
same.
2 ly That noe Sloope or Vessell from this or any other place ST"1"***
comeing to traffick or trade there be permitted to goe trafick:
up ye River above y* Towne (wch hath of late been only
tol[er]ated, for that it will probably be y" ruine of
y6 place (if continued,) all Trade deserting them; &
those that goe up receiving ready paym' in Peltry or
Corne for their Liquo" w°h they sell by Retaile with
y* small Measure, or for their petty Wares, y* Inhabit-
ants can neither be paid for what formerly hath been
due to them; nor shall be capable of getting a Lively-
hood hereafter.
3?y That y* distilling of Strong Liquo™ out of Corne, X
being y6 Cause of a great Consumption of that Graine,
as also of y6 Debauchery .& Idleness of y" Inhabitants,
from whence inevitably will follow their Poverty &
Ruine, bee absolutely prohibited or restrayned.
[4]ly That y8 Number of Victuall™ or Tappers of strong
Drinke bee ascertained; That is to say, Three only for
ye Towne, & some few up ye River, who y6 Officre
shall thinke fitt to approve of, & noe more then will
be found convenient, who may have Lycense to doe
560
Province of New York
r Ho. i
LXLVIIlJ
Col. MSS.
20:22
(NYSL)
1671
[June]
granted
granted
y6 same; whereby Disorders will be prevented &
Travell" have bettr Accomodacon.
That Constables may be appointed to keep y6 Kings
peace, who shall have Staves wth y6 Kings Armes upon
them, as is practised in ye rest of these his royall High-
ness Dominions.
That they may have ye Kings Armes to be sett up in
their Courts of Judicature, as well as on ye Staves,
the w°h they will bee at ye charge of themselves.
X f7 That what Land y6 Office" there have made Grants
of for New Plantacons (being waste implanted Land)
& ye wch They had Encouragem* to doe by yor Hono"
Predecessor, & never had Order to ye contrary, may
be Confirmed, There being generally Care had for a
Moderacon therein.
granted giy ^hat severall Ord" past at and about ye time of y6
Tryall of y* Long ffinn, as well about Publique Charges,
as ye Whore-Kills haveing Offic" subordinate to those
of New-Castle, as also for clearing ye High-wayes,
maintaining ffences, & other Matt" relateing to y6
Well-Governm* of that place be reinforced by yor
Hono" approbacon.
9ly That whereas their Neighbo" of Maryland have made
Offer to cleare ye one halfe of y6 way between Mr
Augustine Harmens Plantacon, & ye Towne of New-
Castle, an Order may be issued forth that those of
Delaware should Cleare y* other halfe next to them,
ye w°h will be noe great Labour or Charge, & may
prove of great use & Benefit for Travelling & Commerce.
toly That some Person may be appointed & Sworne at y6
Towne of New-Castle to be Corne-Meeter, who may not
only see y6 Corne duely measured, but prvent the
1 Meant for " attended."
granted
& the laws
in that case
atted.1
Collateral and Illustrative Documents 561
sending thereof abroad soe fowle, by ordering it to C01- Mss-
20:22
be well Cleansed; And also that f said OffiV have (HYSL)
an Inspection, & doe View their Beefe & Porke that it
be well packt & merchantable. [June]
11? That there being a Mill, or most (if not all) the Apperte- graunted—
nances thereunto belonging, up Delaware River at ye mill stores
Carcoons Hooke, w0*1 did heretofore appertaine to y8 ^t^^'tt
Publique, & now is Endeavour'd to be engrossed by out» the
• , r L • • profit to
some particular persons lor their private use; It may sarve pub-
be recommended to be taken into his Royall Highness, farthered r
or his Deputyes hands; by w011 some Benefitt will
accrew, & being kept in good Repaire will be of a pub-
lique & Gen- Good to ye Inhabitants.
2'? That noe Quantityes of Liquo" be sold to y* Indyans x
under a Quarter of an Ancker, halfe, or a whole
Ancker.
3'? That y* Houses in y* fforte being soe greatly decay*d, as
they cannot stand long, their Tiles, Brick, Iron, & other
Materialls may be taken downe in time, & preserved
for y° building a New House in their Roome, when
opportunity permitts.
That they may bee acquainted by what tenure
They held their land.
On verso:
Proposalls from Capt.
Carr concerning Delaware
Endorsed:
Capt: Cars Proposalls.
1671
[36]
562 Province of New York
Proposalls from Delaware. '
(HT/SL)
Some Mattre to be tendred to ye Consid-
eracon of his Honor ye Governor, &
his Councell touching ye Towne of
N: Castle & Plantacons in Delaware
River, now under his R: Hs ptection
& Governm*.
[junel That ye Towne of New Castle being y6 strength of y6
River, & only capable to defend it selfe against y* suddain
violence & Incursion of ye Indyans, It's humbly left to con-
sideracon whether y6 Inhabitants should not have some more
then ordinary Incouragem'.
1. As First that a Block-House may be Erected in some
convenient place of y6 Towne where a constant Watch may
be kept (now ye ffbrte is fallen to ruine & Decay) for their
common Defence, ye wch will cost noe greate Matter, & may
be risen at ye Charge and Expence of ye Inhabit'3 of ye Towne
and Plantacons upon ye River, who will not be backwards
(if any Order shall be issued forth for it) in contributing
towards y6 same.
2. That noe Sloope or Vessell from this or any other place
comeing to traffique or trade there be permitted to goe
up ye River above y6 Towne, wch hath of late been only soe
tolerated; for y* it will pbably be ye ruine of ye Place if
continued, all Trade deserting them, & those
3. That goe up, receiving ready paym' in Peltry or
Corne for their Liquo1"*, wch they sell by Retayle wth y6
small Measure, or for their Petty-wares ye Inhabit*3 can
neither be paid for what formerly hath been due to them,
nor shall be capable of getting a Livelyhood hereafter.
1 This recorded copy varies from the fuller and more valuable text in New
T, York Colonial MSS., vol. 20, p. 22, which precedes this one.
Collateral and Illustrative Documents 563
4. That y* distilling of Strong Liquo" out of Corne being £;£3
ye Cause of a great Consumption of that Graine, as also y" (HYSL)
Debauchery & Idleness of ye Inhabitants, from whence rl6?I-i
inevitably will follow their Poverty & Ruine be absolutely Lj«neJ
phibited or restrayned.
5. That ye Number of Victuall™ or Tappers of Strong
Drinke be ascertayned, That is to say, Three only for y*
Towne, and some few up y* River who y6 Offic™ shall
thinke fittto Approve of, & noa more then will be found
Convenient, who may have Lycenses to doe y" same,
whereby Disorders will be prvented and Travellers have
better Accomodacon.
6. That Constables may be appointed to keep the Kings
peace, who shall have Staves wth y* Kings Armes upon them
as is practised in y6 rest of these his Royall Highness
Dominions.
7. That they may have y6 Kings Armes to be sett up in
their Courts of Judicature, y6 w°h as well as of y8 Staves
they will be at y6 Charge of themselves.
8. That what Lands y6 Officers there have made Grants
of for new Plantacons, being Wast implanted Land, & y8
w011 they had Encouragem* to doe by yor Hono" Prede-
cessor, & never had Order to y* Contrary, may be Con-
firmed, there being generally care had for a moderacon
therein.
9. That severall Ord" past at & about y* time of ye
Tryall of ye Long ffinn as well about Publique Charges
as y* Whorekill, haveing Offic" subordinate to those of
New-Castle, as also for Clearing y6 High-Wayes, Maintaining
ffences, & other Matt" relateing to y6 Well Governm' of that
Place, be reinforced by yor Honors Approbacon.
10. That whereas their Neighbo™ of Maryland have
made Offer to Cleare y6 one halfe of f way between Mr
564 Province of New York
£• ^ Augusrine Hermans Plantacon & ye Towne of New-Castle,
(HYSL) an Ordr may be Issued forth that those of Delaware should
_ 6 , Cleare y6 other halfe next to them, the wch will be noe great
LjuneJ Labour or Charge, & may prove of great use and Benefitt
for Travelling and Commerce.
n. That some person may be appointed & sworne at
ye Towne of New Castle to be Corne-Meeter, who may not
only see ye Corne duely measured, but prevent the sending
thereof abroad soe fowle by ordering it to be well Cleansed,
& also y* y6 said Officr have an Inspection, and do view their
Beefe & Porke that it be well packed, and merchantable.
12. That there being a Mill, or most if not all ye Apper-
tenances thereunto belonging up Delaware River at y6 Car-
coons Hooke, wch did heretofore appertaine to ye publique,
and now is Endeavoured to be Engrossed by some particu-
lar persons for their private uses may be recofnended to be
taken into his Royall Highness or his Deputyes hands, by w0*1
some Benefitt will accrew, and being kept in good Repaire,
will be of a Publicp & Generall Good to the Inhabitants.
At a Councell held at Forte James
(1TCSL) in New Yorke ye 14th day of
June in ye 23d yeare of his Maties
Reigne AnnoqJ Dm. 1671.
Jti?e71i4 *n answer to 7e Proposalls deliver'd in by Captaine John
Carr, y6 Governor & Councell doe give their Resolucons as
followeth . — viz*
I. As to y6 first Branch, ye Inhabitants of ye Towne of
New-Castle may assure themselves of all due Encouragem1;
And what is proposed as to ye Erecting of a Block House
for their Coirion Defence, it's very well approved of; The
Collateral and Illustrative Documents 565
Offic" there being hereby Authorized to prosecute that £• *•
Designe, by enjoyning y" Inhabitants, and others concerned, (HYSL)
to goe on and finish y* same. t6jt
2. The second Proposall is likewise granted that noe J«ne 14
Vessell shall be permitted to goe up ye River above New
Castle to Traffick, but that y" former Ord" made to y*
contrary be putt in Execution.
3. To ye 3? It's Ordered that noe person in Delaware shall
be permitted to distill Liquo™, but such as give in their
Names to ye Officers at New-Castle, from whom they shall
have Licence soe to doe, and also that such Distiller shall
pay or cause to be paid one guilder per Can, for all Strong
Liquo" that they shall distill, the wch shall goe towards y"
reparation of ye New Block-House or fforte, or some other
publique Worke.
4. 5. 6. As to what is proposed in ye 4th, 5th, and 6th, y8
Governor & Councell have also granted what is therein
desired.
7. To y" 7th y" Governor doth allow of all such Grants as
y6 Officers at Delaware have already past, and doth Order
that those now prsented by Captaine Carr and Mr Wharton
have Patents of Confirmation, upon ye same Termes & Con-
ditions as y" rest of ye Plant™ in Delaware River under his
Royall Highness Protection doe enjoy their Land, with this
Condition that each Planter shall be obliged to settle upon
y" Land for w^ they have Patents in some convenient rime
to be appointed for ye same; and likewise that they main-
taine a House Lott in y* Towne or Townes intended to be
Erected for their mutuall defence to ye w0*1 they shall be
nearest related.
And for y6 future It's expected before any Grant be abso-
lutely made there by ye Officers that ye desires of all such
Persons who are willing to take up Land, together wth y*
566 Province of New York bavin]
C. A. quantity thereof be first Transmitted to ye Governor here,
(HYSL) who as hee shall see Cause will issue forth an Order to ye
Surveyor there to make a Survey thereof, the wch being
June 14 certifyed, they may have Patents of Confirmation for ye
same, In y" mean time ye Officrs are to give Encouragem*
to any such Persons, who shall make applications unto
them for Land who may withall be acquainted with this
Order.
8. To y6 8th, It is consented unto, That those Ordrs made
at ye time of ye Tryall of ye Long Fin at New Castle doe
stand good, and ye Offic" there are to cause them to be putt
in Execucon, But withall they are to returne hither a Dupli-
cate thereof, whereby it may ye better be adjudged how long
rime they may bee practicable.
9. — To ye nineth about cleareing ye way between New
Castle & Mr Augustine Hermans Plantacon, if those of
Mary Land are willing to doe their parte, The Offic" at New
Castle are hereby empowered to enjoyne ye Inhabitants at
Delaware likewise to Cleare their proportion.
10. — The ioth Proposall is found very convenient, It
being consonant to ye Lawes of ye Governm', wch in that
Case ought to be attended, & ye Offic" there are authorized
to see it putt in practice.
11. As to y8 IIth concerning y6 Mill, as also one paire of
Millstones not used, but lyeing in ye Mud or Water, It is
ordered that Care be taken for y6 Letting out ye said Mill for
y6 best advantage to some person who will undertake y6
same, & that ye proffitt thereof be reserved for ye publiqj, &
for y8 Millstones not used, They are to be taken up & prserved
rill further Ordr.
12. To y* 12th for selling Liquo" or Strong Drinke to y*
Indyans, It's left to y6 discretion of the Officers there to doe
therein as shall be thought most convenient.
Collateral and Illustrative Documents 567
13. To y" 13th It is left to y" care of Capt Carr & ye rest 2C_- ^-
of y" Offic" in New-Castle to see that the Materialls in ye (HYSL)
Forte be p'served in y" best manner they shall thinke fitt,
who have likewise Liberty to dispose of such of them June 14
towards y" Erecting of ye New ffbrte or Block-house as there
shall be occasion.
14. Lastly as to y8 tenure of y" Land at Delaware, It is
to be held in free & comon Soccage as his Roy" Highness
by his Maties Patent holds all his Territoryes in America,
that is to say, according to ye Custome of ye Mannor of
East Greenw011, only wth this Provisoe that they likewise
pay y° Quitt Rents, reserved in their severall Patients, as an
Acknowledgm* to his Royall Highness.
No. XLIX.
DELAWARE — LAND GRANT TO JAMES MILLS.
M* James Mills appointed Surveyo? C. A.
of ye Land at ye Whore kill. (HYSL)
Francis Louelace Esq' &c. Whereas there are severall 1670/1
of Land at y6 Whore Kill in Delaware bay as yett
undisposed of, & divers other quantityes possest, y?
haue eithr nor beene laid out at all or very irregularly done
for want of a Skilfull Surveyor in those parts & application
haveing beene made unto me by James Mills (who intends
to settle there) that he may haue that Employment conferr'd
upon him, of w?h I am inform'd he is very capable, I haue
568
Province of New York
C. A.
2:633
(NYSL)
1670/1
Jan. 9
therefore thought fitt to Constitute & appoint & by theise
prsents do hereby Constitute & appoint him ye said James
Mills to be Surveyo' of yf Land at ye Whore kill & parts
adjacent, Giving & graunting unto him ye. profitts & privi-
ledges thereunto belonging, He behaving himselfe in his
said Imployment conformable to y* Custome & practise
of Surveyo" in theise his Royall Highnesse his Territoryes
& Dominions & y? Lawes of y? Government. Given und1.
my hand & Scale at ffort James in New Yorke this 9th Day
of January in y? 22-b yeare of his Ma"es Raigne Annocp
Dm 1670.
[Francis Lovelace.]
C. A.
2:628
(HYSL)
1670/1
Jan. 12
An Ord' for James Mills to purchase a
Neck of Land for a Plantation at y?
Whore kill
/
Whereas James Mills hath made request unto me that he
may haue my Lycence to purchase a certaine point or Neck
of Land for a Plantation lyeing to y? Southward of ye. Towne
at y? Whorekill in De la ware bay, The w?h as he alleadges
was Consented unto by ye. Com1? there, & ordered by them
to be certifyed & recomended unto me but was omitted
by their Clarke, I haue thought fitt to graunt his request
if it be as is alleadged, but Expect that y? Com" do make
certificate thereof & likewise of y? Extent & quality of y?
said Land whereupon he shall haue further assurance by
Patent for y? Same. Given under my hand & Scale at ffort
James in New Yorke this I2*h day of January in ye 22' h
veare of his Ma^ies Raigne AnnoqJ Domini 1670.
[Francis Lovelace.]
opposite p. 509.
DRAUGHT OF MATINICOCK LANDS
as interpreted by the Indian Sachem,
Tackapouche, March 22, 1667/8.
(Reduced from 12M> by 8 inches.)
[I0] Collateral and Illustrative Documents 569
No. L.
LONG ISLAND — LANDS OF THE MATINICOCK
INDIANS, TOWN OF HEMPSTEAD, THOMAS
TERRY, JOHN PAINE, ETC.
An Agreement made betwene y" Inhabit*5 of Deeds
Hempsteed, and the Matinnicock Indyans.1 (Sec! state)
'Tis Agreed the i<$h October in James ffort, 1666. 1666
Oct. 19
That the Inhabitants of Hempsteed, shall Enjoy and
Possesse Mattinnicock, upon these Condicons and reser-
vacons following.
I?* That the Indyans shall have a Planting ffield upon the
same, when ever they desire it.
2^y That the Indyans shall receive as a Guift from the
Governor, in behalfe of the Inhabitants of Hempsteed, the
Sufne of [blank] in Duffles and Blanketts, upon the day and
time that the said Indyans Proprieto" of Matinnicock, do
Signe a ffirme and absolute Deed of Conveyance of the said
Land, to the Inhabitants of Hempsteed.
3?y The Indyans do Covenant, That Cap* Underhill shall
enjoy a part of the said Land, And it is mutually declared,
by Mr Hicks and Mr Gildersleeve, on the Townes part, and
1 This agreement resulted from a petition and complaint of the Matinicocks,
represented by Captain Underbill, to the court of assizes, on October i, 1666,
against the town of Hempstead, alleging that the inhabitants of the latter
had never paid the Indians for lands that were being encroached upon. The
governor and court of assizes, after duly considering the case, ordered the
appearance of representatives of both parties before the governor and council
on October i8th, then to " give their Judgra1 therein, according to Law &
good Conscience; " meanwhile, the English occupants were not to be molested
or disturbed. — Court of Assizes, vol. 2, pp. 52, 55, 84, 91.
Province of New York [*£]
Deeds bv Cap* Underbill for himselfe, that they are Agreed upon
2:154 /
(Sec. State) the proportion.
4*Uy That the Indyans will not disturbe any of the Plant™
Oct. 19 or their Cattle, now, or hereafter, coming upon the said
Land. In ye prsence of mee
Richd Nicolls
Memorandum. That the Indyans p'sent will conferre
upon the prmisses, with the rest of their People, and bring
their full Conclusions there upon.
Deeds [Oyster Bay vested in Possession of Meadow.]
2:155
(Sec. state) Memorandum That on the 19th day of October 1666.
^1666 ]y[r ^i^ HickS) and Mr Richard Gildersleeve, in the name
and behalfe of the Towne of Hempsteed, did before the
Governed disclayme any Title or Interest, to a certaine
Parcell of Meadow Ground, adjacent to Matinnicock Lands,
And that as the Towne of Oyster Bay, now doth, so forever
hereafter they may quietly enjoy the said Meadowes, without
any molestacon or disturbance, of any Person or Persons,
Clayming a right there unto, from, by or under them.
Entred in the Office of Records at New Yorke, the day
and yeare above written.
M Nicolls Secret.
C. A. 8*h June 1669.
NT?29
(infSL) -pjjg Qovernor advised ye Hempsteed men to
bringe their proofes betweene them &
Matinicock to theise heads '
1669 I?* To proue that Matinicock was really at y* disposal!
of Tackpowsha y6 Marsapeag Sachem.
1 An appeal to the court of assizes was withdrawn upon request of the
inhabitants of Hetnpstead, in October, 1669. — Court of Assizes, vol. 2, p. 200.
[NL] Collateral and Illustrative Documents 571
2ly WhetiV ye said Sachem did sell convey or dispose of c- A-
Matinicock Lands to y* Towne of Hempsteed or if they (HY5SL)
themselues did submitt to any such disposal!.
3'y Whethr if ye said Sachem did or they themselues con- June 8
sented thereunto, for what value was it, & how it doth appeare.
4J.y If y6 Montaukett Sachem by Conquest had power so
to doe or if euer he did dispose of y? same to Hempsteed
& upon what Consideration.
Liberty Graunted to Thomas Terrye C. A.
to purchase of y? Indians land at (inPsu
Madnicock
Whereas M* Thomas Terry haueing formerly shewed me '670
his prtences to a certaine parcell of Land at Madnicock &
made proposalls of selling some familyes there y" wch may
prove for y? good & benefitt of ye Countrey, But it appearing
not that y? Indian Right thereunto hath at any tyme beene
purchased of y? Natives, These are to certifye all whome it
may concerne That I haue giuen & graunted & by theise
p'sents doe giue & graunt unto y? said Thomas Terry on y?
behalfe of himselfe & his Associates my leaue & Lycence to
purchase of ye Indian Proprietor* such part of y? lands at
Matinicock capable of conteyning fiue or six farmes y? wch
doth not of right belonge to any Towne or Plantation setlcd
by myne or my Predecessor* ordre according to his proposalls
& request The said Indians concerned in y? Sale thereof
appearing before me or some persons appointed by me &
making their Acknowledging to be fully satisfyed & paid as
in ye Law is required, upon w?h he y? said Thomas Terry
shall haue his Patent for ye same Given undr my hand &
Scale at ffort James in New Yorke this 8th day of July in y?
22th yeare of his Maties Raigne AnnoqJ Domini 1670.
[Francis Lovelace.]
572 Province of New York [*£']
Col. MSS. [Declaration of Thomas Terry about Matinicock Land.]
(NYSL)
1670 Know all Men by these presents That whereas the R*
hoVle the Governed hath beene pleased to graunt mee on the
behalfe of my selfe & associates, a Licence to purchase a
certaine parcell of Land at Matinicock of the Indyan Pro-
prieto", I do hereby freely consent & declare that if the
businesse afores'? can bee attained to, the number of the
associats shall bee foure more besides my selfe, That is to
say Mr Thomas Lovelace M' Matthias Nicolls, Mr John
Payne, & the heyres of Mr John Alcocke to be joyned with
myselfe Allwayes provided That each person who hath
equall share with the rest doe beare an equall proporcon
of all Charges, whether of Purchase or otherwise: In testi-
mony whereof I have herevnto sett my hand this iith day
of July 1670.
[Signed:] Thomas Terrey
Recorded by mee the day &
yeare above written, in the Office
of Records at New Yorke.
Matthias: Nicolls. Seer?
On verso (second leaf) :
To direct any letter to Mr Terry to bee Left at
Mr Robert Carrs at Newport Roade Island.
Endorsed:
Mr Terryes note
to mee & Mr Thomas
Lovelace.
July: 1 14.11
1670
DECLARATION RY THOMAS TERRY
CONCERNING MATINICOCK LAND.
(Reduced from 12'i by 7V4 inches.)
["L ] Collateral and Illustrative Documents 573
An Order from y? Governo' directed ^.'^
to Mr Pine, & Mr Smyth concern- (HYSL)
ing ye Mitinicock Lands.
Whereas there are diverse prtences made to y" Lands com- M^7*
only called ye Matinicock Lands lyeing between Hempstead
& Oyster-Bay, The wch the Towne of Hempstead in Generall,
as well as severall particular persons doe lay clayme unto,
but ye Indyans who are reputed ye true Proprieto™ thereof
doe absolutely disallow of & disown ye same, And there
being likewise some dispute or difference between them &
their Neighbours concerning the Bounds of ye said Land &
ye quantity thereof; To ye end a right & good Vnderstanding
may be had touching ye Premisses, These are to Authorize
& desire you that you will give notice to the Matinicock
Indyans that they chuse two or three of the most intelligible
persons amongst them to be ready to come before mee to
this place within the space of 3 weeks or one month after
ye Date hereof, of wch they shall receive further notice to
make good their clayme to describe their exact Bounds, &
withall to treat concerning a Settlem* of some of that Land,
not as yett manured or planted, soe that it may tend to a
generall Good; And for what you shall Act or doe herein
according to this Order (of wch an Acco* will be expected)
This shall be your sufficient Warrant. Given under my
Hand at fforte James in New Yorke this 3 Ith Day of March.
Anno. 1671.
[Francis Lovelace.]
To Mr James Pine & Mr
Smyth of Hempstead.
574 Province of New York
C-A- An Ordr to Mr Tho: Terry
2 : 704 *
(NYSL) about ye Indyan Lands at
Matinicock &c: —
1671 Whereas I have appointed Comissionrs to View & Deter-
mine ye Bounds of Matinicock Lands, concerning ye wch
diverse Disputes & Controversyes have arisen, To ye end a
right Vnderstanding may be had for y6 future between ye
Partyes concerned; These are to Authorize & Appoint you
Thomas Terry to repaire to Hempstead, there to make
Enquiry what Indyans are concerned; And that you give ye
said Indians notice to give their Attendance on ye Comission"
on Tuesday ye 5th day of June next, about Eleven of ye
Clock in ye Morning at Musketoe Cove at Jospeh Carpentrs
Plantacon from whence they are to pceed according to the
Commission & Instructions they shall receive from mee;
And for soe doeing this shall be yor Warrant.
Given under my hand at fforte James in New Yorke this
2Qth day of May. 1671.
[Francis Lovelace.]
To Thomas Terry
These —
c. A. A Commission for Captn Nicolls
(HYSL) Mr Thomas Lovelace, Mr Rob-
ert Coe, Mr Richard Cornell
&c: to determine ye Differences
about ye Matinicock Lands.
1671 Whereas severall Disputes & Controversyes have arisen
both as to Persons Clayming an Interest in, as also to y*
Bounds of Matinicock Lands between Hempstead & Oyster
Bay, some prtending to have made purchase of y" said Lands
of ye Natives, & they againe affirming ye Contrary, both in
Collateral and Illustrative Documents 575
ye time of my Predecessor Cot! Richd Nicolls, & also since c- A-
* . • a: 702
my being Governor here; To ye end a finall Issue may be (NYSL)
putt to those Disputes & Controversyes, & also that those
Lands may not lye waste, but that some convenient pporcon May 29
thereof may be improved to y" best advantage, I have
thought to Nominate & Appoint, & by these p'sents doe
hereby Nominate & Appoint Thomas Lovelace Esq}, Mr
Matthias Nicolls, Mr Robert Coe, & Mr Richard Cornell
to be Commission" to examine into those Differences, to
view ye Bounds, & to putt an End to all Disputes (if possible)
touching ye said Lands comonly called Matinicock Lands,
as also to Treat wth y" Indyan Proprieto™ for their Right
(if not already sold) in that proporcon of Land heretofore
made over by ye Towne of Hempstead to Thomas Terry &
his Associates; Allwayes provided it be noe part of what is
already disposed of by ye approbacon of my Predecessor or
my selfe to any other Person or Persons; Of all wch They are
to render mee an Exact Acco4 And for what They or any
three of them shall lawfully doe in prosecution hereof, This
my Commission shall be to them & every of them a sufficient
Warrant.
Given under my Hand & Sealed wth the Seale of y*
Province this 2Qth day of May in y° 23th yeare of his Matie*
Reigne Annocp Dni. 1671.
[Francis Lovelace.]
A Warr* to y" Constable of Hempstead C. A.
on Behalfe of Mr Thorn: Terry (NT^sZ)
as followeth.
These are to require ye Constable and Overseers of Hemp- 1671
stead to be ayding and assisting to ye Bearer hereof Mr JU1
Thomas Terry in procureing some ffitt Messenger that
576 Province of New York [HL-]
C. A. understands ye Indyan Tongue to give Notice to ye Indyans
2 : 707
(NYSL) concerned, that they give their Attendance upon ye Comis-
sion"
at fFoi
1671.
sionrs at ye time & place appointed. Given under my Hand
June 3 at fforte James in New Yorke this 3d day of June, Anno
[Francis Lovelace.]
C. A. An Ordr to Summon ye Indyans of
(HYSL) Matinicock before ye Governor,
y* ye difference about those
Lands may be determined &c:
1671 Whereas there was an Ordr issued forth beareing Date
ye gjth jay Qf March last, wherein ye Matinicock Indyans
were appointed to chuse two or three persons of ye most
intelligible amongst them to be ready wthin three weeks or
a months time to come to this place before mee to make good
their Clayme to their Lands, & to describe their exact
Bounds, as also to treat concerning a Settlem' of some of
that Land, not as yet manured or planted, of wch they were
to receive further notice; But ye said Indyans or some of
them not waiting that time, of their own accord came hither,
and went away againe, without speaking about, or doeing
any thing in their Business; And whereas I did since that
appoint Coiriissionrs to goe upon ye place & endeavor an
Agreem4, but by reason of ye differences between ye said
Indyans & Hempstead Men, nothing was effected therein;
These are therefore to Order and appoint that some of the
Matinicock Indyans on ye behalfe of the rest have notice
to give their attendance here before mee on Munday next
being the twenty sixth day of this instant Month to give
mee an Acco* of what was before expected, soe that I may
P\°] Collateral and Illustrative Documents 577
endeavor an accomodacon in this matter, of w°h ye sd Indyans c- *•
2 : 728
are not to faile as they will answer ye contrary at their per- (IfYSL)
rill. Given under my Hand this 2 Ith day of June 1671.
1671
Fr: Lovelace June a r
To ye Constable or one of y" Overseers of Hempst?
Liberty given to Mr Paine & Mr Terry <*• E-
to purchase ye Marinicock Lands of (liVsL)
y° Indyans, held soe long in dispute.
Whereas an Ordr issued forth to summon ye Sachem and 1671
Pretenders to Matinicock Lands to appeare before mee in
this place y6 first day of this instant Month, w°h accordingly
they did, but nothing was done in relation to what was
intended, wch was to treat & come to some Conclusion about
ye said Lands, ye said Indyans desireing a longer time of
Consideracon when they would give in their Resolves, y*
wch they have altogether neglected to doe; These Presents
therefore Certify & declare that I doe hereby give free Leave
& Lycence unto Mr John Payne & Mr Thomas Terry &
their Associates in his Royall Highness his Name to Treat,
Agree upon & Conclude wth ye Indyans for their Right and
Interest in any part of Matinicock Lands not already pur-
chased or disposed of, to ye end that ye said Land may be
manured & improved for yc publicp Good, ye said Indyans
reserving out of it only a piece of Land convenient for them
to plant upon themselves; And in regard of yf great Trouble
and Expence as well as Losse of time ye said Mr Terry hath
been at upon this Occasion, hee haveing likewise taken Mr
John Payne in Partnership with him, The said Indyans are
[37l
578 Province of New York [HL ]
G- E- strictly charged & prohibited that they doe not sell or dis-
(HYSL) pose of any of ye said Lands to any other person or persons,
but only to ye said Mr John Paine & Mr Thomas Terry &
July ii their Associates, or their Ordr for ye use aforesaid, who upon
any Agreem' or Conclusion made, have forthwth Liberty to
possess and plant thereupon; And for whatsoever They or
either of them shall lawfully Act or doe in prosecucon hereof,
This shall be their sufficient Warrant. Given under my
Hand and Scale at fforte James in New Yorke y8 IIth day
of July in y° 23d yeare of his Majestyes Reigne, Annoq}
Dm 1671.
Fra: Lovelace.
G. E. The Governo' & Councells Proposall in y8 dif-
(NYSL) ference between Captn Seaman & Mr Gilder-
sleeve on y* one pt, & Tho: Terry on ye other.
At a Councell held at Forte James in N: Yorke
y* ijth day of July. Anno Dm 1671.
1671 Whereas Captn Tohn Seaman, & Mr Richd Gildersleeve
July 13
were employd by ye Towne of Hempstead both to make out
their Title to ye Land comonly called Matinicock Land, &
also to break off their former Contract & Agreem* wth Mr
Thomas Terry concerning their Grant to him of settlement
there, or else make some New Agreem* wth him; These
Presents doe wittness and declare that I doe Recommend
it to both partyes to make a faire & friendly Composure
touching ye Premisses between themselves (if possible) And
for what concernes ye Indians Titles or theirs to Matinicock
it may some other time be decided, when both Partyes doe
make their Appearance.
[*L '] Collateral and Illustrative Documents 579
[Agreement between Hempstead and Thomas Terry, etc.] CoL MSS.
23 1 1 lo
(NYSL)
The honfd Governor & Councill haveing recoinended the
Difference that hath happened between Hempsteed July 14
In whose behalf Cap* John Simmons & Richard Gilder-
sleive did appear this 31" of July 1671 on the one part and
Thomas Terry and John Paine in behalf of themselves &
associates on the other part relateing to a Tract of Land
lying between Hempsteed plaines & the Sea towards the
Northeast in readiness to save his Honr & Councill any
further trouble in an amicable complyance wee doe agree
with his hon™ good likeing as followed)
That said Terry, Paine & Associates shall be fully & abso-
lutely possesst of a reall right & property in & unto ye one
half of ye land between the Edg of Hempsteed plaine South-
westward or thereabouts & the utmost Extent of the tract
of Land to y6 sea North Eastward or thereabouts according
to ye true & full extent of ye lands in all respects equally &
indifferently to be divided to each part their Moeity that said
Paine Terry & Associates shall be accepted of as Townsmen
wtb an equall priviledg in all respects. That whereas Car-
pentar are settled on one part of this land by the Towns
permission the said Terry & Paine & associates are to allow
of the quantity of 150 Acres to be taken out of their Moiety
in reference thereto and not more that what is there other-
wise granted allotted or settled on in that Tract of Land
by other persons is to be deducted out of Hempsteed Moiety
or part and those who have allready Emproved to ye quantity
seven shall Enjoy their Lotts and Improvements Hempsteed
allowing Paine Terry, & Assotiates the like quantity of lands
out of their moiety or parte That Hempsteed people on y"
one part Paine Terry & Assotiates on y* other part shall bear
an equall Charge in the purchase of what is to be yet pur-
580 Province of New York PL']
Col. MSS. chased if any & in the laying out & Legall setlement of the
(NYSL) same & this to be a finall agreement & Determination about
this Land whereof are said to be Matinecutt Lands The
July 14 within written agreement being acknowledged before me
by the parties concerned I doe very well approve thereof
July the 14th 1671.
Fran Lovelace
Enter'd in the office of
Records at Newyork y*
day & year above
written
Math: Nichols Seer?
A True Copy of ye originall p me
Tho: Hickes
[Not endorsed.] C°P7-
G. E. An Ordr for a Hearing at ye Assizes about
(HYSL) ye Matinicock-Lands & Hempstead.1
1671 Whereas there long hath been and still is a Contest or Dif-
' ference depending between ye Inhabitants of Hempstead, &
some Indyans of Matinicock, about certaine Lands lyeing
there, y6 w°h is claymed by those of Hempstead as their
Purchase, but is also contradicted by ye Indyan Proprieto"
of Matinicock, who deny that either They or their Ancesto"
' In compliance with this order, Captain John Seaman and Richard Gilder-
sleeve appeared for Hempstead, and Robert Williams for the Matinicocks;
the attorneys were Sharpe and Waters. The case was heard by the court
on October 6, 1671. Hempstead set up a claim of purchase " from ye Indyan
Sachem Tackpoushe, who was entrusted by ye Indyans of Matinicock to
sell their Land," and that " the same was confirmed by the great Sachem
of Montaukett." They also insisted on a promise made to them by Governor
["£•] Collateral and Illustrative Documents 581
or any for them have ever sold or received Satisfaction for ®-.£-
ye same; The wch hath occasioned great Trouble, & proves (HYSL)
a hindrance to the Planting & Improvement of those parts, j67x
wch otherwise had been ere this setled for ye Good and Sept. 25
Benefitt of these his R: H" his Territoryes; These are in
his Maties Name to require that some person or persons be
appointed by ye Justice of the peace, Constable, & Over-
seers of y* Towne of Hempstead, and 2 of ye discreetest of ye
Indyans of Matinicock, or some one or more Christians
Chosen by them to plead their Cause that they make their
Appearance at ye next Gen" Court of Assizes to be held in
this City beginning on ye first Wednesday in October next,
being y6 4th day of ye said Month to make out their Title
to ye said Land, that upon due Examination had, and Proofe
made thereupon; It may be knowne to whom it really & of
right doth belong, and Judgment be given accordingly, con-
sonant to Law and good Conscience. Given under my
Hand at fforte James in New Yorke this 25th day of Sep-
tembr in y6 23th yeare of his Maties Reigne, Annoqj Dm
1671.
ffra: Lovelace
To ye Justice of ye peace, Constable, &
Overseers of Hempstead. —
And to those of Matinicock who prtend
to be Proprieto" of ye said Land. —
Nicolls that " noe other Persons, but those of their Towne should have Leave
to buy the Land at Matinicock." For the Indians it was contended " that
Matinicock Land was never sold to Hempstead Men by their Consents,
and that Tackpoushe disowns it." Governor Lovelace proposed to buy the
land for Hempstead, but the Indians were only willing to sell direct to the
governor and wanted a month's time for consideration of the price. Hemp-
stead asked Lovelace to end the controversy, and the Indians, " consenting
to sell their Interest," again asked one month's time " to bring in then-
Demand for the same to ye Governor, reserving a Planting ffield to them-
selves."— Court of Assizes, vol. 2, pp. 259, 260, 277, 280.
582 Province of New York [*,?•]
9.'^. An Ordr in answr to y6 Inhabitants Peticon
(NYSL) of Matinicock about their Commonage.
1672 Whereas upon ye Peticon of ye Inhabitants of Matinicock
about their Commonage, an Order went forth from my selfe
& Councell, That before ye Purchase should bee made of y6
Indyans Right to that Land, according as it was agreed on
at ye Last Court of Assizes; Those of Hempstead & Mr
Terry & Company, together wth ye Petn" should bee dis-
courst wth about ye prmisses, soe that Nothing should bee
done to their prejudice; To ye End an Issue may bee putt
to that Affayre, These are to Advertize ye Inhabitants of
Matinicock, That some Persons from this Place will bee at
Hempstead upon Munday next being ye 8th day of this
instant Month, where it is expected they should send one
or two Persons on ye behalfe of their Plantacon, when those
of Hempstead, Mr Terry & Company, wth some from
Matinicock being mett together, they may come to a right
Vnderstanding about ye said Land, & make Reporte thereof
unto mee, that y6 Matter at length may come to a finall
Determination. Given under my Hand at Forte James in
New Yorke. this 4th day of July 1672:
[Francis Lovelace.]
£•^5 An Ord^ about y6 Lymitts of
(NYSL) Hempstead & Oyster-Bay.
Whereas ye Bounds & Lymitts between ye Townes of Hemp-
stead & Oyster-Bay, as also between Hempstead & y* In-
habitants of Muskeeto Cove have not hitherto been soe layd
out & ascertayned, but diverse Disputes & Contests have
already, & more are like to arise upon that Occasion, And
PL] Collateral and Illustrative Documents 583
there being likewise a Difference what ye Extent is of ye G- Ev
A I I7O
Land comonly called Matinicock Land about the settling (WYSL)
whereof there hath an Agreem' been made by my Appro-
bacon between ye Inhabitants of Hempstead, & Mr Thomas Aug. 2
Terry & Company; These are to empower & authorize some
Persons of ye Neighbourhood as shall bee thought most
capable to bee chosen by y8 Offic™ of ye Towne of Hemp-
stead & Mr Terry to runn the Line & lay out y* just Bounds
between the said Townes of Hempstead & Oyster-Bay, &
also between them & Muskeeto Cove, together wth ye Land
called Matinicock Land, & likewise to make a Division of y*
said Land called Madnicock Land, & Land adjacent accord-
ing to their Agreem*; of all w°h they are to give due & timely
Notice to y6 Inhabitants of Oyster-Bay, Musketo Cove, &
all others concerned that y* said Lymitts & Bounds being
duely & justly sett forth & layd out between them, ye same
may bee soe Recorded, & an End bee putt to all future
Contests thereupon. And for whatsoever ye sd Persons
chosen as aforesd shall lawfully Act or doe in prosecution
hereof, this shall bee to them a sufficient Warrant. Given
&c: this 2d day of Aug: 1672.
[Francis Lovelace.]
To Mr Rofet Jackson
Constable of Hempstead.
An Ordr about Mr Terry G. E.
4 : 254
& the Matinicock Lands. (ifYSL)
Whereas yc Busyness of Matinicock Lands hath long 1673/3
depended wherein the Inhabit'5 of yo' Towne, & Mr Thomas
Terry are concernd, wch being at length agreed upon for
the Division though not hitherto done; Vpon Address made
unto mee anew by Mr Terry, I doe recoinend it unto yo"
Province of New York
G-2E- that upon his Coming to yo" with this Paper, you doe accord-
(NYSL) ing to ye former Agreem* forthwith appoint some Persons
in behalfe of yor Towne to lay out the Bounds, & Division
Feb. i of the said Land, that Improvem* may bee made thereupon
according to the true Intent & Meaning of the first Grant.
Given &c: this ir?* of ffebry. 1672.
[Francis Lovelace.]
To y6 Constable & Overseers
of Hempstead.
G/2E. An Ord* on behalfe of Mr Terry about
(NYSL) the Matinicock Land. &c:
Feb.2/i7 Whereas I lately issued forth an Ordr that according to
Agreem* between the Inhabitants of the Towne of Hemp-
stead & M' Thomas Terry & Company, the Land called
Matinicock should bee layd out & divided, the wch hath
mett wth some Obstruction by reason of the prtences of the
Inhabitants of Musketoe Cove, who its said have made
Purchase from the Indyans of the Timber of a considerable
parcell of Land towards Hempstead or the Playnes, I have
thought fitt to Ord* that if there bee sufficient quantity of
Land behinde the said Plantation of Musketoe Cove towards
the North, the said Inhabitants shall in lieu of their prtences
to the Timber of the Land on the South bee supplyed wth
an equall or better proportion both of Timber & Land to
the North behinde them; The w°h I doe hereby recommend
both to the Inhabitants of Hempstead, Mr Terry, & Company,
& those of Musketoe Cove, that there may bee an amicable
Composure of this Difference between them. Given under
my Hand &c: this ifh of ffebruary 1672.
[Francis Lovelace.]
fu] Collateral and Illustrative Documents 585
No. LI.
NEW YORK CITY — LUTHERAN CHURCH AND
REV. JACOBUS FABRICIUS.
Commission for Alderman Lawrence, Capt" Love- G- E-
4 ' 15
lace, and Mr Pell to compose ye Difference (NYSL)
betwixt ye Lutherans of this City.
These are to Authorize & Appoint you Mr John Laurence T
one of ye Aldermen of this City, Captn Dudley Lovelace,
and Mr John Pell as Commission" to Examine & Enquire
into ye prsent difference between ye Persons of the Augustane
or Lutheran Profession in this City within the protection of
these his Royall Highness his Territoryes; & that you
Endeavour a peaceable Composure amongst them, and give
mee an Acco* thereof, for ye doeing whereof this shall be
your sufficient Warrant. Given under my Hand at fforte
James in New Yorke this 5th day of June. 1671.
Fran: Lovelace
An Ordr about ye Lutheran C. A.
Membre of this City. (HYSL1)
At a Councell held at Forte James in
New Yorke ye 29th day of June 1671.
Present
ye Mayor & Aldermen
of the City.
The difference between ye Lutheran Magist1" Jacobus T l67'
Fabricius &c: & those of that Church that peti coned against
586 Province of New York RJ]
being taken into mature and deliberate Consideracon;
(NYSL) It is orderd that all those persons of that profession who
i have consented or subscribed to ye payment for the Church-
June 29 House, that they pay their proportions according to Agreem1,
and likewise that they pay or cause to be paid unto ye said
Magister their Pastor their proporcons of his Salary, untill
ye time of their late publique Disagreem*, upon wch ye
Governor gave Commission to Mr Lawrence and others to
examine into the same.
®; f' Another Ordr about ye Lutherans in
(HYSL) Answr to a Peticon they prferrd
against their Minister.
Tuners Whereas Complaint hath been made unto mee by diverse
of ye Lutheran or Augustane Congregacon against Magister
Jacobus Fabricius their Pastor wherein they Charge him
wth severall Mattrs unbefitting one of his Profession, And
haveing this day Advised wth my Councell hereupon, &
called to my Assistance some of ye Court of Aldermen, wth
other grave & sober Persons for ye heareing of ye same;
but not findeing ye one party ready to make good their
Charge, nor ye other well provided to make his Defence;
I doe hereby Order and Appoint that ye farther heareing
of ye Matter be deferrd untill Thursday next being ye 6th
day of July by two of the Clock in ye Afternoone at ye
fforte; At wch time they are againe to make their Appearance;
And ye Complainants are to leave a Coppy of their Charge
against ye Magister at his House before Munday Night next,
that hee may be prepared to make Answer to what is objected
against him. Given under my Hand at fforte James in
New Yorke this 29th day of June 1671.
F: Lovelace.
fij] Collateral and Illustrative Documents 587
An Ordr made on f Behalfe of Chris- J; Jj
tiaen Pieters, concerning his being
bound to Mr Asser ' for parte of a
House that was bought for y* use of
ye Lutherans Congregacon.
Whereas Complaint hath been made unto mee by Chris-
tiaen Peters that at y* Instance & Request of diverse of his
ffriends of y6 Lutheran Congregacon hee became bound to
Asser Levy for a certaine Sume of Money due for a House w°h
was bought for y6 use & Benefitt of y6 Congregacon in Gen":
ye wch happening at prsent to be at some variance, diverse
of them doe refuse to pay their proporcons, to y8 w°h they
did formerly subscribe & give their Consents, soe that hee
y6 said Christiaen Peters is like to be sued for ye whole Sume
wch may prove very much to his Damage; And there being
likewise an Agreem' made for ye paym' of a Salary to ye
Lutheran Pastor, \vch is neglected to be paid by many of y*
Congregacon, in regard of ye Difference between them.
These are therefore to Order & appoint that Collection be
forthwth made of y* Money agreed to be paid for the House,
according to y* severall proporcons sett downe in y" List
made by their mutual! Consent, soe that Christiaen Peters
be saved harmless from his Engagem*; and y6 persons who
are behinde hand & in Arreare in paying of their proporcons
of y6 Salary due to y* Magister, are likewise to satisfy ye
same untill ye rime of their publiqj Disagreem* & Division
in their Congregacon, & y6 Pastore declareing his Resolucon
to leave them. Given undr my Hand at fforte James in
New Yorke this 29th day of June. 1671.
ffran: Louelace.
1 Asser Levy.
588 Province of New York [*L\]
£: f~ An Ordr about ye Lutherans in
(NYSL) Answr to a Peticon presented
by some of that Congregacon
dissenting from ye rest &c: —
Tul7l6 Whereas a difFerence hath lately arisen between some of
ye Lutheran Confession in this City, & Jacobus Fabricius
their Pastor; whereupon Hendrick Williamsen, Bay Croes-
velt, Johannes Freeze on ye behalfe of themselves & others
have prferr'd a Peticon unto mee, desireing that they may
have nothing more to doe wth their said Pastor, nor that hee
may more molest them; As also that some person may be
appointed to super-vize their Acco4! & receive ye money they
have subscribed to for their Church, wth some other particulars
in ye said Peticon sett forth; These are to Authorize & Appoint
Mr John Laurence one of the Aldermen of this City and a
Cofnissionr appointed to endeavour a Composure in this Affayre
to supervize ye Accots of ye Petnrs, & to receive ye moneys wch
already are or shall be Collected fromy6 persons who have sub-
scribed to pay the same towards ye Church, as also to make an
Entry according to their desire of all such Vtensills as doe belong
to ye Church, of all vrch hee is to render mee an Acco^ & for
soe doeing this shall be his Warr1. Given under my Hand
at Forte James in New Yorke this sixth day of July. 1671.
Fran: Louelace.
G-E- An Answer to y8 last Peticon of ye Lutheran
(NYSL) Ministr, Mr Jacobus Fabricius, wherein hee
requested liberty to give his Congregacon a
Valedictory Sermon, and to Install the new
Come-Ministr, according to ye Custome used
by those of their Religion.
Aug.7In ^e Contents of this Peticon being very reasonable, & (as
I am informed) according to ye Custome of ye Augustane
[LI'] Collateral and Illustrative Documents 589
Confession, I doe very well approve thereof, & Grant the G; E-
Peticon" Request. Given under my Hand at fforte James (WYSL)
in New Yorke this IIth day of August. 1671. l6
[Francis Lovelace.] Aug- "
Liberty granted by ye Governo' to Martin °- E-
Hoofman a Memb' of y* Augustane Confes- (IfirsL)
sion to goe to Delaware, to collect money
towards y* Erecting them a Church.
Whereas y* Ministf & Offic™ of ye Church of the Augustane 1671/2
Confession or Lutheran Congregacon in this City under ye
protection of his Royall Hs ye Duke of Yorke have requested
my Lycence to build & Erect a House for their Church to
meet in, towards the wch They doe Suppose all or most of
their Profession will in some Measure Contribute, and there
being diverse of them in the South River at Delaware, to
wch place a Sloope being now bound a Conveniency prsents,
soe that they have pitcht upon Martin Hoofman to Negotiate
there for them; These are to require all Persons That they
permitt & suffer ye said Martin Hoofman to Passe out of
this Porte in the Sloope belonging to Cap* Martin Creiger
bound for New Castle in Delaware, and ye Offic" there are
likewise required noe way to hinder or molest ye said Martin
Hoofman in his Endeavor of Collecting yc Benevolence of
such of y6 Lutheran Profession in those parts, towards their
Intents as afores*? Provided It doe noe way hinder, or tend
to make Division or Disturbance amongst ye People, nor
shall Occasion ye Breach of the Peace, the which all his
Maties good Subjects are obliged to keepe. Hereof They are
590 Province of New York
G'l« not to fay'e- Given under my Hand at fforte James in
(NYSL) New Yorke the l6th day of January 1671.
!67i/2 [Francis Lovelace.]
Jan. 16 To all whom this
may Concerne.
No. LII.
NO MANS LAND (ISLE OF MAN) — GRANT.
C. A. A Graunt unto John Williams for a
2 . egg
New Patent for ye Isle of Man als
Nomans land.
Whereas John Williams one of y? Patentees for ye Island
called No mans Land als y? Isle of Man, hath made his
Adresse unto me to haue y? said Patent renewed, The
tyme graunted in the former Patent by my Predecessor for
its settlement being Elapsed, And y? said John Williams
having rendred some reasons unto me for ye same so that it
doth not appeare to haue beene through his neglect but hath
rath? beene by y? default of his Partners Upon newe Pro-
posalls made unto me by y? said John Williams to settle a
fishing trade there, For his Encouragem* therein, I doe hereby
promise unto him y? said John Williams & such Associates
as he shall take. That upon surrendr of y? old Patent & his
Engagement forthwth to prosecute y? said Designe, he shall
[LIU] Collateral and Illustrative Documents 591
haue a new Pattent graunted unto him for y? said Island
upon y? same termes as formerly or such othr reasonable
ones as shall be agreed upon, Given und? my hand & l6
scale at ffbrt James in New Yorke this a8'h day of June J"11* a8
1670.
[Francis Lovelace.]
No. LIII.
COUNCIL BUSINESS, JULY 8, 1671— OMITTED
FROM THE MINUTES.
The Answr to Mr Booths Peri con. G. E.
(HYSL)
Att a Councell held at fforte James in New
Yorke the 8th day of July. 1671.
The Governor & Councell haveing perused & seriously 1671
taken into Consideration ye Petiticon of Mr John Booth of
Southold, wherein hee complaines of ye hard measure hee
hath lately sustained by a Distress made upon his Goods for
an Arreare wch hee was Assessed to pay y* Minister, the wch
hee had neglected or refused to doe, for that ye Minister had
Denyed to Administ1 y6 Sacram' of Baptisme to his Children
though tendred unto him for that purpose; They doe give
for Answer that there being an Indulgence or Dispensacon
granted in ye Booke of Lawes, as to that very particular,
to the Minist" then in being, of ye East Rideing for their
Lives, The said Minist" cannot be compelled thereunto.
592
Province of New York
LNui]
G. E.
4:17
However It is Ordered that a Letter be written to ye Minister
(HYSL) of that Place, & Comunicated to ye Inhabitants that more
Charity and Moderacon be used towards his Neighbors for
ye future.
By Ordr of y" Governou?
and Councell.
1671
Julys
G. E. The like Answr to ye Peticon of Robert Dayton of East-
4:18 J J
(HYSL) Hampton.
At a Councell held y" same day (viz* yet 8th
of July 1671.) at fforte James in NewYorke.
1671 The Governor & Councell haveing pused & seriously
taken into Consideracon ye Peticon of Robert Dayton of
East Hampton wherein hee complaines of ye hard measure
hee hath susteyned by being brought to ye Court of Sessions
in March last, & putt to unnecessary Charge there, about
paym* of what hee was Assessed to ye Minister, wch y*
Officrs might have taken at home by Distress at a farr more
easy Rate, neither had that Trouble been needfull had not
y" Minister denyed to Administer ye Sacram* of Baptisme to
his Children, though tendred unto him for that Purpose,
They doe give for Answer that there being an Indulgence or
Dispensacon granted in ye Book of Lawes as to that very
particular, to ye Minist" then in being of ye East Rideing, ye
said Minist" cannot be compelled thereunto. However it
is Ordered that a Lre be written to ye Minister of that
place, & comunicated to ye Inhabit*5 that more Charity
and Moderacon be used towards his Neighbours for y°
future.
[uv] Collateral and Illustrative Documents 593
No. LIV.
DELAWARE — MATINICONCK ISLAND, INDIAN
DEPREDATIONS.
Lre from his Honr to y" Governor of New Jersey G; E-
upon y* Tydeings of y* Murther committed upon (nYSL)
2 Christians at Matiniconck Island by ye Indyans.
Sr
When I parted last wth you I left all ye Well-wishes wth you 1671
to accompany yor Intended Journey to Delaware; since w°h p ' *
an Express is sent mee from those parts wth y" Narraconof a
horrid Murther comitted by ye Indyans on two Christians at
Matinicok Island, wch of Necessity will give an Interruption
to yor Intended Journey. The Indyans that have Committed
that horrid ffact are two in Number, & confessedly knowne by
them; Thier Habitacon is at Suscunck 4 miles to ye Eastward
of ye Island, and soe appertaines to your Jurisdiction. I
would not in this Exigence Conclude on any Determinacon
in point of Satisfaction and Revenge till I had acquainted
you wth it, from whom (I question not) I may Expect such a
Resolved Vndertakeing by you, as may Answer y* Guilt of
that Christian Blood already spilt, and ye Honor of ye English
Nation now at Stake; I shall not enlarge my selfe further in
this Letter, referring all Circumstances to ye relation of this
Bearer; and withall to assure you that I should be gladd to
conferr with you to putt Things into some posture as may
answer ye End
My Service (I pray) to Capt" Carterett, whose I am as
YoT affect ffriend
Fran: Lovelace.
[38]
594 Province of New York [uv]
G. E. fforte James Wednesday about
(NYSL) 4ofye Clock. Afternoone.
Septem: 2Oth. 1671.
Sept. 20 I rec? ye Express (wch I here send you)
but newly.
G. E. Some Resolves about ye late Murther of 2
(HYSL) Christians at Matiniconck by ye Indyans.
At a Councell held at fforte James in N : Yorke
by ye Governor of these his Royall Highness
his Territoryes, & ye Governor of New Jersey
y6 Zfth day of September 1671.
1671 Vpon Consideracon had of ye Barbarous Murder cofnitted
by some Indyans on ye East side of Delaware River upon
2 Christians at Matiniconck Island, It is mutually Resolved
and Concluded on as follows. —
That Thomas Lewis now Bound wth his Sloope for New
Castle in Delaware River be stayed from his Intended
Voyage for ye space of 3 or 4 dayes, when Mr Peter Alricks,
& Mr Henry Courturier will be ready to goe with him.
That in ye meane time some Generall Instructions bee
drawn up for them to take along wth them, in Order to
the Managem* of Affayres there in this prsent juncture of
time.
The Governor of New Jersey, & Captn James Carterett
(then also prsent) being desired that they would give Order
for a GenJ1 Assembly to be called in that Governm* (accord-
ing to their Constitucon upon all emergent Occasions)
soe to have an Acco1 of their Strength, and to know their
readyness if Occasion shall require, and how farr they will
be willing to contribute towards ye prosecucon of a Warr
Collateral and Illustrative Documents 595
against y" Indyans; They very readily gave their Consent G- E-
thereunto, & promise to doe it with all Expedicon. (NYSL)
That a Gen" and frequent Correspondence be kept
between ye 2 Governmts upon all Occasions, more par- Sept. 25
ticularly at this prsent time, & that nothing be done in this
Busyness about yc prosecucon of ye Indyans wthout a mutual I
Advice & Consent of both ye Governo"; unless upon some
extraordinary Opportunity wch may p'sent, where some
advantage against the Enemy may suddenly be taken before
Notice can be given.
That in y" Meane time Henry ye Loaper who brought Mr
Toms Letter from Delaware about y* Murther, be forthwith
dispatcht back thither againe, wth an Answer thereunto.
Lre from ye Governo' to Mr Tom at G- E
Delaware. Septem: 26th. 1671. (NYSL)
Mr Tom.
I received yor Lettr of y" 15th of Septemb? 1671 by
Hendrick Loaper, wherein you give mee an Acco* of the
Barbarous Murder of ye two Christians on Matinicock
Island by ye Neighbour Indyans; I must confess I was
much startled at ye Narrative, and y8 rather in regard Capt"
Carr had given mee lately soe full an Assurance, that all
Things between you and ye Indyans were soe firmely
settled, that there was hardly any Roome left for any Dis-
trust or Jealousy of them, betwixt you and them; much
less that soe suddenly after they should break out into these
unheard of Crueltyes & villanous Murth", wch as their
Crimes have noe Paralell, soe I am assured ye Vengeance of
God will never forsake us, till wee avenge ye Blood of ye
Innocent on ye Contrivers heads; Had my Directions been
bravely & vigorously followed by you in the last sad Accident,
596 Province of New York [uv]
G;^j I doubt not but it would have prvented this; & I pray God
(HYSL) this Sin be not laid now to your Charge. I shall by this
lfi Conveyance Transmitt but little to you in regard I know not
Sept. 26 how and when it may arrive you, but I reserve my more
ample Instructions, wch I will send by Peter Alrick, who
To-morrow will Imbarque in Tom the Irishman; However
if this arrives you first I would have you to pretermitt
noe time, but to bethinke how a Warr may be prosecuted
on those Villaines; And in regard it will require some
time, till all Things be brought in Order to ye best
Advatage of Compassing our Designe, I think it requisite
that all ye ffrontier Scattering Plantacons be ordered
immediately to thrash out or remove all their Corne,
as likewise their Cattle, that soe they may receive ye less
Damage by the Effects of ye Warr wch will ensue; Next that
none (on paine of Death) prsume to sell any Powder, Shott,
or Strong-waters to ye Indyans, and that in ye meane time
you carry (if practicable) a seeming Complacency with that
Nation by either Treaty or Traffick, that soe they may have
ye less mistrust of our Intended Designes; but if it can be
soe contrived that that Nation will either Deliver up ye
Murtherers to you, or their Heads, you have then Liberty
to assure that Nation of noe Disturbance till I am acquainted
therewth; The Governor of New Jersey & Capt James
Carterett are acquainted wth all or Resolucons, who this
Day repaires from hence to his Government to settle all
Things in Order to y* bringing those Villaines to condigne
Punishm', hee is very hearty & zealous in that Affaire;
& I am assured wee may depend on a handsome & con-
siderable Supply & Assistance from him; I charge you lett
mee heare from you on all immergent Occasions, & bethinke
yo? selfes of ye prosecuting of a Warr, & therefore make ye
best preparacons in Order to it; If a good Worke were
[5°v] Collateral and Illustrative Documents 597
throwne about Matinicock House, & that strengthened wth G- E-
a considerable Guard, It would be an admirable ffrontier; (HYSL)
& from thence wee might proceed to an Execucon when all
Things are in readyness thereunto. I am sorry to heare Sept 26
Capt" Carr is soe ill as you relate him; I hope hee may
in some reasonable time recover strength enough to follow
this Affaire; wch if at this time I had not soe many differ-
ent & considerable Affaires to Dispatch, you should not
have receiv'd a Letter from mee, but my own person.
I have nothing more at the prsent to Add, but to assure
you that I am
Yor very affectionate ffriend
ffran: Louelace
[Lovelace to Carr.] G. E.
fforte James New Yorke (HYSL
Septemb' y* 281!1 1671.
Captn Carr.
Mr Tom has rendred yor sick Condicon soe to mee that
I was disheartned to direct my Lre to you w°h I last sent,
for feare it should not have found you in this World; How-
ever haveing promis'd to write to you by Tom y° Irishman,
I shall now Cancell that Obligacon; By y" Express I return'd
I gave a full & satisfactory Answr to that Lett' Mr Tom
sent mee, concerning ye barbarous Murdr of those two poore
Christians, & though I promise! to send you by this fuller
Instructions, yet I did not apprehend I should be soe copious
in that Lre as at last it proov'd & therefore haveing advis'd
wth ^ Duplicate, (w°h I send you here inclosed) I finde little
Addicons to be affixt; And therefore till I receive fresher
Informacons from you, you may guide yor selfe by those
Rules I then prscribed. But in regard it will be impossible
for mee & the Councell at this Distance to direct you punc-
598 Province of New York
G; E- tually in this Affaire how you shall steer yor Course, wee
(NYSL) must therefore reserve that to yor prudent Managery, In
wch I would have you allwayes to take deliberate Advice
Sept. 28 from ye Commissaryes before you putt in practice any of yor
Intended Designes, & be sure on all Occasions to Advertize
mee of yor motions.
Lett not ye People flatter themselves wth any hopes of an
Accomodacon in patching up a present peace, for the per-
fidious Dealing of ye former Sachems, has now sufficiently
awakened or English Honor (wch I hope will never be sul-
lyed) to bring them to a full Satisfaction for that Christian
Blood soe lately spilt.
The Governor of New Jersey is slept into ye worke, & in
order thereunto has now call'd an Assembly, ye good Effects
whereof by ye next you shall more largely understand, In y"
meane time omitt noe opportunity; & if you can finde such
an Advantage on ye Enemy as (in all humane probability)
you may promise your Selves a good Success, in Gods name
prosecute it, & God bless you.
Wee have had an Indyan or two from those parts, who
declare that that Nation is in great Apprehension of us, &
looke on themselves as lost. They have tamper'd wth some
other Nations to Assist them, but have been totally refused.
My Service to all or ffriends, & faile not to lett mee heare
from you.
Yor affecate Friend. Fr: Louelace
G: E- [Lovelace to Captain Philip Carteret.]
(NYSL)
To Capt" Philip Carterett.
Hond S*
1671 i received an Acco* of yor Proceedings at yor Gen11 Court
of Assembly, concerning the putting yor selves into a posture
[uv] Collateral and Illustrative Documents 599
to avenge y6 Murther comitted by some Indyans on two G-E-
Christians at Matinicock, wch I heartily thank you for; (NYSL)
It being in Ordr to that Gen" Agreem' made betwixt us,
that nothing should be Acted in that Affaire, wthout a Oct. ao
mutuall Consent. Since I had ye ffavor of yor Company I
have (besides that Letter you saw) had ye opportunity of
sending two more, to witt, One by Peter Alrijck, ye other by
Williams who was resolved to passe that way wth some
Horses; All importing what Resolucons wee had mutually
taken to stop ye Insolencyes of ye Indyans; How y* affaires
stand there at prsent I am ignorant of, till I receive an Express
from thence (wch I hourely expect) & I will assure you it
shall noe sooner arrive my Hand till I transmitt it to yours,
& if it shall soe happen (by any Interruption) y' my Messengr
is intercepted, I am resolved to make a Journey over thither
my selfe, To wch I shall now have a greater Zeale, since Capt.
Carterett has pmised mee to beare mee Company; In y*
meane time I am glad to understand y° Complacency of yor
Assembly to bee sutable to yor proposicons, & that when y8
publique Interest is concern'd, they will step soe frankly
to ye supportacon of it. I have noe more but to assure yo?
that I am wth great kindeness
Yor affect ffriend & Serv'
Fran: Louelace.
Forte James Octobr
20th. 1671.
[Tom to Lovelace.] Col. MSS.
J ao : 24
(HYSL)
25th of October 1671
Right Honoble
by this conveyance I shall informe yor honor that Mr oJ.*7'
Aldricks and my selfe going vp the river wth a pfect intention
6oo Province of New York
w*h y0' h°n°rs order this winter to make a warr and there
(NYSL) advising wth the Sweedes about itt there miserable moane
ifi for the losse of their beasts for want of Hay and the con
Oct. 25 sideracon that the winter being so neare att hand that itt
was impossible for ice to build a strenght [sic] att Mattina-
cunck and to lay in provisions there wch must bee for when
men march they must not come hither every six or seaven
dayes for victualls therefore before wee begin a warr pro-
vision must be layd in all convenient places itt may be yor
honor att first sight may looke vpon the warr as frivolous but
way itt further and yorhonorwill find that all the Kings inter-
est in this part of the world depends vpon itt (for this river lying
in the middle and the worst to be wonne from the Indians by
reason of the broken lands and Crewples wch are a shelter
for them ag* any Christian force wthout helpe of other Indians)
if deserted Mary land has noe strenght [sic] to follow them
here for want of provisions and distance of place and so
cutt of by degrees and Virginia much lesse for the same reason
the Indians as is dayly found not caring bee itt middle winter
to march 4 or 5 hundred mile for 2 or 3 heads of Haire much
more when they can have that with plunder how New Jarsey
stands yor honor best knowes then if yor honor concludes
wth vs this river must vpon necessity be maintayned were
itt for noe other reason as a magazine for the rest of his
Maties territoryes hereabouts and refreshing wch cannot
otherwise be done as wth men money and ammunition
for at prsent a little money in regard to the Kings purse
wch ought always to be open vpon such affaires may be
may stop this issue of bloud wch is likely to ensue when
afterwards thousands will not doe itt here is rumor come
by the Indians that the Assawack Indians they who were
the murtherers of John the Capers sonnes wth the rest have
since killed an Englishman and that Sr William is in psuite
[LIV] Collateral and Illustrative Documents 60 1
of the murtherer tis but Indyan newes therefore beleive as Co1- MSS-
* 20 : 24
you please I have hereby this oppertunity sent yor honor (HYSL)
Collonell Scarboroughs his letter w°h was mislayd another ,
report wee have from Maryland by Patrick Carr one of or Oct. 35
soldiers an honest fellow and noe statesman and not likely
to rayse such reports if not true that Mr Charles Calvert
Leivetenat of Mary land has sent vp order to Mr Augus-
teene1 and the rest in the head of the bay that they
stand vpon there guard and likewise that so soone as
the new Governo' comes he shall send him notice and he
will give him a meeting therefore wee conclude that if
yor honor have noe advice for the exchange he has itt there
being two ships arrived att Pattuxunt if thought convenient
that wth the next sloope 25 soldiers were sent itt would
much depresse the Indyan courage and assist vs but
betimes in the spring a greater supply of men and if pos-
sible Northerne Indyans when o" are coming from there
hunting quart"
I thinke I need not write further Mr Aldricks and Mr
Helme coming wth this onely presse yor honor to weigh
this seryously and send vs full supplyes yor honor must
pick out my meaning for my finger is so soare I can
hardly lay itt to the paper further I have sent to Cap*
Howell to know the certainty of these reports w°h you
may expect to heare by Thomas Lewes but desire that
noe provision may be exported out of this river vntill yor
honor has fully discussed this business noe more att p'sent
but I am
Right Honoble yor hono™
most Humble serv'
Witt Tom
1 Augustine Herrman.
602 Province of New York [uv]
Col. MSS. Addressed:
(NYSD for the Right Honoble
Collonell ffrancis Lovelace
Oct. 25 Escp Contender in Cheife
of all the forces belonging
vntohis Royall Highnesse
[Seal] the Duke of yorke and
Governor of New yorke
these p'sent
F
Endorsed: Mr Toms Letter
to the Governo'
Delaware — Oct* 25
1671
about the
Murder.
Col. MSS. [Commissaries and Magistrates at Delaware to Lovelace.]
20:39 °
)
Right Honble
^e In(tyans not bringing in the murtherers according to
their promise I went vp wth Mr Aldricks to Peter Cocks
and there called the Raedt together to informe yor honor
what wee thinke most for or preservacon and defence of
the river
first wee thinke that att this time of the yeare itt is to late
to begin a warr agf the Indyans the hay for or beasts not
being to be brought to any place of safety and so for want of
Hay wee must see them starve before or faces the next yeare
wee can cutt itt more convenient
2dly or corne not being thrashed or ground wee must starve
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[LIV] Collateral and Illustrative Documents 603
for want of provision vfh this winter wee can grind and
lay vp in places of safety (NYSL)
3dly that there must vpon necessity a warr in the spring .. j6 ..
and by that time wee shall make so much as wee can pre- |_Oct. 25?]
para con but wayte from yor honor assistance of men ammuni-
tion and salt
4thly wee intend to make Townes att Passayvncke Tinna-
combe Vpland and Verdrieties Hoocke whereto the out
plantations must retire
5thly wee thinke that yor hono" advice for a frontire about
Mattinacunck Island is very good and likewise another att
Wicaquake for the defence whereof yor honor must send men
Is there any thing else vnwritten wee have sent Mr Aid-
ricks and M- Helme to advice yor honor what is best
to be done but intend to stop Thomas Lewes vntill yor
hono" order for wee thinke itt not convenient any corne
or provision be sent out of the river vntill this bruit be
over for wee know not the next yeare whether wee shall
have any corne or noe wee have not more att prsent but
to informe yor honor that Cap' Carr is not recovered but
remayne
Right Honoble yor honore
most humble servts
that if possible there be Hired Witt Tom
fifty or sixty North Indyans
who will doe more then 200 the ffike of X peter Rambo
men in such a warr the ffike of X peter Cock
H: Block
Henrich Janssen
Ed: Cantwell
M: Roseman
Dit is het merck
van Ole torse
604 Province of New York [uv]
Col. MSS. Endorsed:
20 : 39
The Result & Reasons
r , -. of the Comissaries &
1071
LOct.2s?J Magistrates at Dela-
-ware about Prosecucon
of the warre against
the Murderers
1673.'
;f°.6' Commission given to ye Offic" at Delaware to
(NYSL) try & putt to Death ye Indyan Murtherers
if to be taken or apprehended.
TXov.*9 Whereas there hath lately been comitted a Barbarous
& horrid Murdr upon ye persons of two Christians at Matini-
conck Island in Delaware River by two Indyans well known
in those parts, for ye wch They have deserved Death; &
since severall wayes & meanes have been and still are
Ordered to be Endeavoured for ye apprhending & taking ye
said Murderers alive (if possible) ye w°h may suddenly
happen, & it being not thought safe to keep them in Prison
soe long till Notice thereof bee given hither, but rather
that speedy Justice & Execucon bee done upon them; I
have therefore by and wth ye Advice of my Councell thought
fitt to Authorize & Appoint, & by these prsents doe Authorize
& Appoint, & by these prsents doe Authorize & Appoint
y6 present Officrs & Magistrates in New-Castle & Delaware
River, or any foure of them to bee a Speciall Court of Oyer
& Termini to call ye said Malefacto" before them, & if by
Proofe or Confession they shall bee found guilty, That they
receive ye Sentence of Death, forthwth to bee putt in Execu-
'This date is an error, as the document evidently was an enclosure in the
letter from Tom to Lovelace of October 25, 1671.
[uv] Collateral and Illustrative Documents 605
con; And for what They or any foure of them shall lawfully G- E.
Act or Doe in prosecution of this my Commission, This (NYSL)
shall bee to them or any of them a sufficient Warrant and
Discharge. Given under my Hand, & Sealed wth y* Scale Hov. 9
of ye Province at fforte James in New Yorke this ninth day
of Novemb? in y* 23"* yeare if this Ma"es Reigne, Annoq}
Dm 1671.
[Francis Lovelace.]
Lre from ye Governor to Cap' Carr at <*• J-
4:67
Delaware, Dated Novembr 9th 1671. (HYSL)
Cap' Carr.
The backwardness of y* Inhabitants in Delaware has putt 1671
a stop to ye forwardness of those in New Jersey who were
ready wth a handsome Party to have stept in ye Worke to
bring y* Murderers to condigne punishm*. And truely I
was much ashamed to see such an Infant Plantacon to out-
strip us, who should have been rather an Example to others
then to follow them; especially haveing ye Countenance of a
Garryson to Boote, & You ye principall Officer; What Acco'
I shall give to his Royall Highness of this remissness I know
not other, but to lay ye blame where it justly is due; ffor,
you to receive ye Dukes pay constantly, & ye appearance of
Souldyers, and to lett ye Forte runn soe miserably to Decay,
& not employing them in ye reparacons when They did noe
Duty is but just a perfect Rent Charge toy" Duke; ffor it
is not reasonable that his R: Hs should be at that Charge,
only to allow you a Sallary & Souldyers, and noe ffruits
appeare of their Labour and Industry; Tis otherwise soe at
Albany, wch Garryson in noe respect exceeds yo", and yett
Salisbury wth his Men have made shift to refortify that place
very secure; Besides ye Inhabitants not soe much as digested
606 Province of New York [uv]
G; E- into any Military ffbrme, nor halfe of them Armed, though
(NYSL) you have had annually Monitors of ye Murthers committed
6 on yor Inhabitants; Beleeve mee, This remissness will one
Nov. 9/10 day be calld upon; & how you will Answer it, you best know,
though I feare.
What hath now been concluded on will be brought to you
by Peter Aldrick, to w°h I expect a punctuall Complyance at
yor perrill. I intend early in ye Spring to be wth you, by
wch time I hope you will contrive it soe, that ye Murderers
may be brought in dead or alive, and likewise ye former
Murtherers of the Woman & Children at ye Parde Hooke;
Something must be done considerably to wipe off that
Stayne of yor Remissness, or I can not now determine what
penaltyes may ensue; I have both formerly & now Trans-
mitted all ye Insolency of ye Indyans to his R: Hs, whose
Answr I expect, till when I say noe more on that Subject.
I am
Yor Loveing Friend
Fr: Louelace.
Forte James ye
ioth Novembr
1671.
My Love to all or ffriends.
Col. MSS. [Carr to Lovelace.]
20 : 25 <jr
(NYSL) a
!67i I receaved your Honrs letter by Fetter Aldricks wherin
|OT- 27 y0ur Honr seemes to iay au the blame vpon me, for my
remisnese in not getting the murtheres, both for the woman
at Pertt hooke and allsoe for the murther now last Comitted,
Sr as for the first when it was done I was comeing for new
yorke, but hearing of that sad accident returned back,
[LIV] Collateral and Illustrative Documents 607
makeing your Honr acquainded of the murther, after which Col>
I receaved your Honr order for to gett the murtherers to be (HYSL
brought to Condigne punishment, your order I did follow,
for I went vp the River to the Magastrats, who sent for the
Sachams, who execusd themsealfs that his men had not done
it another saied the like, I knew not the villans nor theyr
names that Comitted the fact, soe that from the time I
receaved your Honre order I was Continualy aboue the River
demaunding the murtherers with as much vigor as I could;
I was not alone but the rest of the magastrats was there,
soe that my Conscience shall wittnes that there was noe
remisnes of my part, and I beseech god that all my sins be
remitted soe Cleare as that, as for the last murthers Comitted
I was at the same time desperat sicke, and hath Continued
to this day that I haue not been without my doores; but I
hope now Doctor Jardin is with me he will vsse his best
skill to take away my violent fever, soe that I hope your
Honr will excuse, what god doth inflict vpon me by sicknes,
soe there could be noe remisnes of my part, in getting the
last murtherers, being I was not able to sture abrood If
any one can proue that I haue been backeward in not followe-
ing your Honrs orders from time to rime ore hath not done to
the vtmost of my endeavouer to gett the murtherers, then
lay a penalty vpon me, but not without Cause, allsoe lett
me Answer for my sealf as for the backwardnes of the
Inhabitants of this River in raiseing forces as well as new
Jarsy your Honr must excuse me though the Cheife Com-
aunder, for I was not able to goe abrood, and trully new
Jarsy had a great deale of reson being the murtherers liued
within theyr Juradiction, when your Honr gaue me my
first Instructions I was allowed twenty souldiers out of that
number was discharged by Cott Nicolls and some by your
Honr, fower died soe that we was reduced to ten, I had a
6o8 Province of New York [5V]
Col. MSS. strict orders from Cotl Nicolls not to raise a man without
(NYSL) your Honrs Consent which I observed, vntill your Honr gaue
me order for raiseing of men when the woman and Children
Nov. 27 was murthered, and when I came last from thence, your
Honr gaue me order to dismise them, which I did soe that
your Honr will find by my account with Mr Bedloo that there
is but ten old souldiers, and how it is posible for me with
ten men to repaier such a decayed fortt whilst I was there
it Cost me mony for the repaier of the houses, though your
Honr knowes you could not ly dry in your bed when you
lay there, had I a gaurd house, and souldiers sufficient to
mount gaurds I should be as ready as any officer belongs to
your Honr, soe that if I receave pay soe long as I haue Com-
ision and being not reduced, we was sent over by his Royall
Highnes for souldiers, and if I be able, and in health, I
shall goe as farr to doe my Prince service, to any place
where your Honrs order shall Comaund me, Sr Peter Alricks
Mr Tom and the rest of the Swead magastrats spook with
the Sachams, who promised by friday last to bring theyr
heads but since heere is noe newes from aboue, but assoone
as it come we will send your Honr the newes, I haue noe
more but that I ame Your Honre obedient servant
John Carr
New Castle 27th
Novemeber 1671
Addressed: Endorsed:
Thesse Capt. Carre to y?
ffbr Generall ffrancis Governor Newcastle
Louelace Novemfe. 27. 1671.
New Yorke
[Seal\
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SKCOND PAGE OF CAPTAIN CARR'S
LKTTER TO GOVERNOR LOVELACE
November 27, 1671.
(Reduced from 13 by 8 inches.)
[uvl Collateral and Illustrative Documents 609
Coppy of y* Lre from Mr Tom of G-. E-
Dellaware to his Hono? y* Governed (HYSL)
R! Honbl.«
About II dayes since that Mr Alrijck came from New **£$£**
Yorke, y* Indyans desired to speake wth us once more con- Dec. 15
cerning ye Murtherers; Whereupon They sent for mee to
Peter Rambers, where comeing They faithfully promis'd
wthin y* time of six dayes to bring in ye Murderers dead or
alive; Whereupon They sent out two Indyans to ye stoutest
to bring him in, not doubting easily to take ye other, hee
being an Indyan of little Courage; but y" least Indyan
getting Knowledge of ye Designe of y* Sachems, rann to
Advise his ffellow, & advised him to runn, or else They
should be both killed; who answered him hee was not ready,
but in y* Morning would goe wth him to ye Maques, and
advised him to goe to y* next House for feare of suspicion,
w** hee did; and ye two Indyans comeing to his House at
Night, the one being his great ffriend, Hee asked him if
hee would kill him, who answered, Noe; But y* Sachems
have Ordered you to dye; Whereupon hee demanded what
his Brothers said, who answered They say y* like; Then hee
holding his Hands before his Eyes said — Kill mee: Where-
upon this Indyan that comes wth Cockee short him with
two Bulletts in y" Breast, and gave him two or three Cutts
with a Bill on y* Head, & brought him downe to Wickakoe,
from whence wee shall carry him To-Morrow to New-
Castle, there to hang him in Chaynes; ffbr wch wee gave to
y* Sachems five Match-Coats, \vch Mr Aldrick paid them;
when ye other Indian heard ye Short, in ye night naked as
wee [sic] was, hee rann into ye Woods; But this Sachem
promised to bring ye other alive; ffor w°h wee have promised
them three Match-Coats. The Indyans brought a great
[391
6io Province of New York [uv]
°; E- many of their young Men wth them, & there before us They
(irirSL) openly told them, That now They saw a Beginning; & all
that did y" like should be served in y* same Manner; They
1671 promised before them and us, That if any other Murd'
ec* IS were comitted by ye Indyans upon ye Christians, That They
would bring y" Murderers to us; How to believe this wee
know not, but y* Sachems seem to desire noe Warr. Wee
have promised them That yor HonoT will be over in the
Spring; & y* when yo? Hono? comes, yor Honor will bring
over Thirty or fourty Horse, wch They need not feare, for
that yor Hono' will not trouble them if they hold ye Peace,
but Enter into a Treaty with them; The Stoppage of y6
Letter caused That yo* Hono? had not Tideings by
Thomas Lewis. I shall not now give yo* Hono? any
further Trouble at p'sent, unrill farther Occurrences, but
remaine
Right Honb!e
Yo' Honore most humble
Serv*
Wm Tom.
Wee have promised y* Indyans that come over wth these
tres each a Match Coate, & a Cleat-Cloth, wch wee desire
yor Honor to pay there; The reason that wee promised is,
That Cocke was unwilling to goe over in this juncture of
rime; not knowing how y" young Men of ye Indyans stood
affected; Hee alwayes liveing by ye Christians; Therefore wee
sent one of y* greatest Sachems Sonns, (by name Colecocum)
to secure him and y" Lett™.
Entred y* 15th Decemb?
1671.
[£v] Collateral and Illustrative Documents 61 1
Coppy of y* Governo™ Lett? sent to Mr Tom °- *•
4* 7"
of Delaware, in answr to his Last. (1IYSL)
Mr Tom.
The wellcome Newes of y* Success of y* Indyan Affayre 1671
in yor parts came safely to my Hands by Cokee, by whom
I returne this, & withall not only my approbation in what
you wth ye Comissaryes have Acted, but likewise my Thanks
to you all for pushing of it to that Issue, wch if not vigorously
performed would have render'd y* Remedy more hazardous,
if not desperate. I very well like yor Resolucon of hanging
up y* Villaines Body in Chaynes, And I doubt not but the
Novelty of it may produce good Effects, to restrayne the
Exorbitancyes of any Indyans from the like Attempts.
Tis more than probable that if the Blow were now a little
followed (whilst ye Savages labour under great ffeares) That
the Murtherers that committed that horrid Act at Parde-
Hooke might taste ye same Fate wth him you have designed
for to hang in Chaynes; & therefore if y* Villaines can be
heard off, make y* like Challenge of them to ye Sagamores
you did for the last, but this must bee whilest y8 ffame of y8
last Action continues fresh, otherwise I feare it may prove
fruitless. If y* other Villaine be delivered to you alive, lett
him suffer in y" most Exemplary way that may bee, Leaving
ye manner & place to yor selfe: And pray lett mee heare
from you. In ye Spring I purpose to see you, but shall
finde a way to advertize you timely before hand. In y*
meane rime, God preserve you all in Peace and Happynesse,
W* is ye hearty Desire of
Yor affect ffriend
Fran: Louelace
fforte James, y* 22d
of December 1671.
My Service to Cap^ Carr
& all or fFriends.
6i2 Province of New York
No. LV.
NEW YORK CITY — AFFAIRS OF THE SHIP
"EXPECTATION"
G.E. An Ord? to Mr Van Ruyven, requireing
(NYSL) him to give Mr Melijen his Dispatch.
1671/2 Whereas the Ship the Expectacon whereof Isaack Melijen
is Part Owner and Commander, hath been questioned in
this Porte to be an unfree Shipp, but by a Speciall Court of
Oyer and Terminer was Cleared and adjudged to bee a
{Free Shipp, which Judgm* of Court I have allowed & ap-
proved of, These are to Advertize you that you may give
the said Ship her Dispatch; Mr Melijen giveing Security
to returne back with her to this Porte. Given under my
Hand at Forte James in New Yorke this i8th day of January
1671.
Fran: Lovelace.
To Mr Cornelijs Van Ruijven
Collector of the Customes.
[Registration of Isaac Melyn's Bond.]
Jan^ y« 19*^ 1671.
Mem"?01 this day Mr Isaack Melijen Command? of ye good
Ship the Expectation bound for Nevis Enter'd into an Obli-
gation (with Jacob Kip his Security) of 500" to the Governo*
to returne hither againe within one yeare & six Weeks after
the Date hereof.
Kv] Collateral and Illustrative Documents 613
[Sailing Pass for the Ship "Expectation."] °:
Janf7 y* 24!* 1671.
Pass granted to y* Shipp Expectation (Isaack Melijen
Commander) to sayle hence for Nevis in y* West Indyes, &
to returne againe &c:
[Declaration concerning the Ship " Expectation."] Deeds
(Sec! State)
Novem: 18. 1672
Recorded for M? Melijen & Company of the Ship
Expectation. —
This day appeared before mee John Rider Publique 1673
Notary in this City of New Yorke, Thomas Williams Com- HoT" 9
mandr of the Ship Expectation & Charles Bollen his Mate, R^*8*1
in the behalfe of themselves & Ships Company to make a Nov. z8
Solemn Protest as followeth; (to say They sett Sayle the 2d
day of this instant, from this Road to Staten Island, & on ye 4th
finding noe Insufficiency in the said Ship did weigh, & sayle
out to Sea fully intending to proceed on their Intended
Voyage for Barbados, & about Eight of the Clock that night
doe declare, that they sounded the Pump, & found about
five or six Inches Water, Then they sayled from Eight till .
Twelve that night, Topsailes abroad, Then handing y"
Topsailes wch by stress of Winde, Weather, & Grown Seas
they could noe longer beare; However they neglected not
their Charge or Care, but sounded the Pump againe, &
found little or noe increase of Water, by w0"1 they cannot
complayne of the said Ships Insufficiency; soe they ran under
a paire of Courses untill Eight next Morning, Then without
sounding sett the Pump to worke till it suckt; betwixt Eleven
614 Province of New York
Deeds & Twelve they sounding to see if there were Occasion to
(Sec. State' Pump, they found foure foot Water in the Hould, upon wch
they handed the ffbre-Saile, laying their Ship upon the Lar-
. 9 board side, then pump't her againe untill shee suckt, &
Recorded sayled soe for halfe an houre, & made noe Water in the
HOT!'* 8 Hould; then they finding Occasion to tack, & bring her
againe on the Starr board side shee presently took in Water
as aforesaid, upon wch at the request of all the Merchants,
& full Consent of ye whole Company, who adjudged the
Stress of Winde & Weather was the only Cause, they bore
up the Helme for this Porte, for p'servacon of their Lives;
Therefore I the abovesaid Notary doe hereby in behalfe
of the Owners, Command', Mate, & their Company solemnly
protest against the Winde & Seas as the only Occasion of
what Damage may arise, & against all Damage or Damages
that by this danger of the Seas (wch is allwayes excepted)
any Merchant or ffreighter shall pretend to or sue for, either
for the insufficiency of the said Ship, or Disability of Men
for not proceeding on the Voyage aforesaid, the wch the
Commander, Mate & Company will depose to bee the Truth,
when thereunto required, To w°h publick Instrum* of Pro-
test I have hereunto sett my Hand & Scale this 9th day of
Novemb? in ye 24th yeare of his Ma*ies Reigne, AnnoqJ
Domini 1672.
(Scale) Jo Rider
Not. pufc:
This Protest was acknowledged
by ye Cofnander & Mate to bee just
before mee ye day above-written, &
entred in the Office of Records
at fforte James in New Yorke.
Matthias Nicolls Seer.
[ft] Collateral and Illustrative Documents 615
The Governo" Approbacon, that ye Difference 9.'^
depending between Isaack Melijen & y* (HYSL)
{Freight?" bee decided by Arbitrator* i6jf
Dec. 16
Whereas there hath been a Difference depending between
the Mast? & {Freighters of the Ship Expectation now riding in
this Harbour, the wch although referred to severall judicious
persons to endeavour a Composure, & also a Tryall had
thereupon at y" Mayo™ Court of this City, could not bee
hitherto issued or attaind unto, & since the persons con-
cerned on both parts having againe made their Applicacons
unto mee that foure persons on each side might bee nominated
and appointed as Arbitrate™ to hear & determine y° Matter
in Controversy, whose Award they have promised to enter
into Bond that they will stand unto; I doe hereby give Appro-
bacon of the Proposall made, & the Gentlemen whose names
are here under written (the denomination of them having
been given in & consented unto by the persons concerned)
are hereby desired to meet about the same this Afternoone,
or at their first convenience, that soe a Determinacon may
bee had & made to this Affayre without farther delay. Given
&c: this 1 6th day of Decemb? 1672.
[Francis Lovelace.]
The Names of ye Arbitrator*
Mr Jn? Laurence — Mayo' Mr Cornelis Steenwijck
Cap* Thomas De-Lavall Mr Matthias Nicolls
Cap' Jn? Berry Mr ffranc: Rombout
Cap? Wm Condey Mr Guijlaine Verplanck
616 Province of New York
No. LVI.
DELAWARE — THE SLOOP "ROYAL OAK,"
THOMAS LEWIS, MASTER, PERMITTED TO
TRADE ON THE DELAWARE RIVER.
®; ~j Pass for Thomas Lewis his Sloope to
(HYSL Delaware. Septembr y6 29th. 1671.
Sepi? a» Permitt and Suffer y8 Sloop ye Royall-Oake whereof
Thomas Lewis is Master, to Pass out of this Porte with her
Goods, Loading, and Company to New Castle in Delaware
Bay, and (at this particular juncture of rime) from thence
to goe up ye River to Trade and Traffick as ye said Master's
Occasions shall require, notwithstanding any Generall
Order or Prohibicon heretofore made to ye Contrary. Given
under my Hand at fforte James in New Yorke this 29th
day of September 1671.
Fran: Louelace
To all whom this
may concerne.
®:^- Thomas Lewis being stopt (wth his Sloope) at Delaware
(RYSL) is hereby freed, & hath Liberty to returne &c:
Whereas Thomas Lewis had my Pass-porte to sayle wth
his Sloope to New Castle in Delaware, wth Lycence from
thence to goe up ye River to Trade & Traffick as his Occa-
sions should require (at this particular Juncture of time)
notwithstanding any Gen?1 Ord? or Prohibicon heretofore
made to ye contrary; And ye said Thomas Lewis being now
in y" said River with his Sloope, where hee is stopt by Ord?
Collateral and Illustrative Documents 617
from y* Officr* there; These are to Ordr, That y* Stopp be °-E.
taken off y" said Sloope, y" said Thomas Lewis for this (HYSL)
prsent Voyage haveing Liberty to returne back to this Porte
with his Sloope, & Loading, whither of Corne, Provision, NOT. 9
or Merchandize without any farther Lett, hindrance, or
Molestacon. Given &c: this 9th of November 1671.
ffran: Louelace
To ye Offic™ at Delaware
or whom else this may concerne.
No. LVII.
NEW YORK CITY — DUTCH REFORMED CHURCH.
An Ordr about y* Dutch Church in G-E-
this City of New Yorke. (KYSL)
Whereas y* Offic" of y" Reformed Dutch Church in this 1671
City have Requested mee that ye prsent Elders & Deacons,
& those that from time to time shall succeed them in their
Places may be Empowered to make a Rate or Taxe amongst
ye Inhabitants, and those that shall frequent y8 Church in
yc best and most convenient manner they can devise for ye
Maintenance of their Minister or Minist", y* Clarke, or
other Offic" of y6 Church, &ye poore, As also for y* reparacon
of ye Church as Occasion shall require; I have thought fitt
to Grant their Request, and y" prsent Elders and Deacons
have hereby full Power & Authority to make such a Rate
or Tax, and to Levy the same (after my Approbation had
thereupon) & thereof to Dispose to ye uses aforementioned :
And for what They shall lawfully Act or doe in prosecution
618 Province of New York
G. E. of y« p'misses, This shall bee to them a sufficient Warrant
4 • 47
(HYSL) & Discharge. Given under my Hand at Forte James in
New Yorke this 26th day of September in ye 23th yeare of
Sept. 26 his Maties Reigne, Annoqj Dm 1671.
ffran: Louelace
No. LVIII.
GRAVESEND — NEGLECTFUL IN ERECTING
TOWN FENCES.
C. A. An Ord? to ye Constable & Overseers
giYSL) of Gravesend concerning making good
of ye Fences there.
1670 Whereas I haue receiued a Complaint from ye Justice of
pr' I3 peace in yo* Towne That y6 Corne feilds there are full of
Cattle horses & hoggs for want of Lawfull fencing so that
it's apprehended there will be this yeare neith? plowing nor
sowing there w?h will not onely be to ye Damage of ye
Inhabitants in perticuler, but also proue to ye prjudice of ye
Publique These are strictly to injoyne & require yo" to
take such speedy ord* therein that ye Lawes concerning
fencing be put in Execution wherein there is a sufficient
course & care taken for any thing that can be objected to
y" contrary, that you will be left wthout Excuse if yo" see it
not perfourmed effectually ye w?h will be at yoT utmost
perills, Given undT- my hand at Fort James in New Yorke
this I3*h day of Aprill 1670.
[Francis Lovelace.]
To ye Constable & Overseers
of Gravesend.
Gad
Collateral and Illustrative Documents
619
No. LIX.
BROOKLYN — CONFISCATED LAND OF CHARLES
GABRY.
[Petition from Constable and Overseers of Brooklyn.]
Requeste
Met behoorlijcke
Reverentie aen den Wei Edel
Hoogh gebooren: Heer:
Onsen Heer Gouvern' Wij
V Edel : Ondersate des dorpe
Breuckellen: geven reveren-
telyck te kennen als dat een
seecker stuck Landt ofte
Bosch Landt is geleegen bij
ofte [ojntrent den dorpe
Breuckellen voorsz: alwaer
een seeckere swamp ofte
valeije is toe gehoorende
ende alsoo het selve niet en
wert ofte is gepossideert in
den tijt van 15 a 16 Jaeren
geleeden oovermits den Eij-
genaer Is ^trocken naer Hol-
lant ofte patria: soo dat
oversulckx het voorsz Lant
ofte valeij streckt tot groote
prejuditie ende schaade voor
de Gemeente alsoo Jnde
Col. MSS.
22 : 121
(NYSL)
Dutch
1671
Translation:
Petition [presented] with due
reverence to the Right Hon- NoT' '7
orable Governor our Master:
We, your excellency's sub-
jects of the village of Breuck-
ellen, respectfully repre-
sent that a certain piece of
land or woodland is situated
near or adjacent to the vil-
lage of Breuckellen afore-
said, to which belongs a cer-
tain swamp or meadow,
which is not and has not
been occupied for the period
of the last 15 or 16 years,
because the owner has gone
to Holland or his country,
with the result that the afore-
said land or meadow tends
to the great prejudice and
damage of the community,
inasmuch as many horses and
cows have been smothered in
the said meadow, the same
620
Province of New York
Col. MSS. selve valeiie voorsz veele
22 C 12 I
(NYSL) yscheiide soo paerden als
Dutch , .. ,
koij beesten syn gesmoort
1671 ^mits tselve niet en wert
HOT. 17 Affgeheijnt ende alsoo
yscheijde Jngeseetenen aen
onse voor Leede geweesene
Constapels ende Opsienderen
hebben ^socht ende aenge-
klaecht om sulcke schaade en
Onheyle voor te coomen,
ende alsoo de gedachte Con-
stapels en Opsienderen in
het selve niet en hebben ofte
connen doen soo heeft Onsen
tegenwoordigen Er: Gerechte
den Constapel e Opsienders
door groote noodicheijt goet
gedacht haer te Adresseeren
aen Onsen gedachten Heer
Govverneur op dat met
Approbatie van sijne Edelh*
het voorgeseijde Lant en
valeije werde ^gunt, ende
toegestaen aen eenige van
Onse tegenwoordige Jngesee-
tenen die het selve valeije
J^soecken aff te heyninge
^mits tselve machten Jn
rechten eijgendom genieten
ende mochten gebruijcken,
soo Js dan onse X^soeck aen
V E Wei Edele Heer GouverT
not being fenced off; and
whereas several inhabitants
have petitioned and remon-
strated to our former Con-
stables and Overseers to pre-
vent such damage and mis-
chief, and whereas the said
Constables and Overseers
have not or could not take
any action in the matter, our
present Hon. Court, the Con-
stable and Overseers, in
view of the great need, have
thought proper to address
themselves to our said honor-
able Governor, in order that
with the approbation of his
honor, the aforesaid land
and meadow may be granted
and given to some of our
present inhabitants, who ask
to fence off the said meadow,
provided they may possess
and use the same in lawful
ownership; our request, there-
fore, to you, Right Hon.
Governor, is that you will
grant this to our community,
in order that we may be
relieved from such damage.
Which doing, etc., and re-
main, your honor's dutiful
humble subjects.
[5k]
Collateral and Illustrative Documents
621
desen onse gemeente te
X^gunnen op dat wij moogen
bevrijdt werden van sulcke
schaade dit doende etz: ende
blijve V Edele
Dienstwillige Onderdaenen:
Ten ^soeck Van den
Constapel en Opsienders
Onderteeckent
VEdele OnderdaenigDienaer
Dirck Storm Secre'8
Actum Breuckellen
17? Novembf 1671
At the request of the C0'- MS&
2j ; xa I
Constable and Overseers (HYSL)
signed, Dutch
Your honor's humble servant, 1671
Dirck Storm, Secretary H°T' x?
Done at Breuckellen
17 November 1671
Endorsed:
A Peticon from
Breucklyn.
This was recomended
from the Governo' &
Councell to the Cof* of
Sessions & from them
to 2. or 3. Justices
&c.
Gabry
P. Leenderts.
[Proceedings of Brooklyn about the confiscated Land.] Col. MSS.
Voor den eersten
Ter ^gaaderinge Van Con-
Translation:
[Met] for the first [time].
At the meeting of the Con-
622
Province of New York
Col. MSS. stapel ende Opsienders ende
(HYSL) Jnwoondere des dorpe
Dutch „ T .
rJreuckelen Js geresolveert
1672/3 om een Requeste te leeveren
aen den Wei Ed: Heer Gou-
vern* wegens het Landt
eertijts toebehoorende S' Ca-
rel Gabree:
ten tweede Reijs
De Apostille Van den Wei
Edel? Herr: Gouvern* ende
sijnen Edel: Raade: ont-
fangen Hebbende, Sijnde
voorgemelte Jnwoonderen
door X^soeck van mij Onder-
gesz: te saemen ^gaadert
ende den Jnhouwt van de
[gejmelte Apostille verstaen
hebbende geresolveert om te
^soecken voor de Ed: Ses-
sions om [h]et [voo]rgeseijd[e]
Landt ende aengehoorende
Valey en Swamp voor een
seecker penningh voor erff-
recht te coopen ende syn
daer toe geouthoriseert in
persoone Dirck Storm: ende
Jan Cornelisse Buijs ende
Dirck Janssen
Voor de derde Reijs
De gemelte persoonen
wederom gecoomen sijnde
stable and Overseers and
inhabitants of the village of
Breuckelen, it is resolved to
present a petition to the Hon.
Governor in regard to the
land formerly belonging to
Mr. Carel Gabree.
The second time.
The answer of the Hon.
Governor and his Hon.
Council having been received,
the aforesaid inhabitants met
at the request of me, the un-
dersigned, and, having under-
stood the contents of the
said answer, resolved to
apply to the Hon. Sessions
to purchase the aforesaid
land and the adjoining
meadow and swamp in per-
petual fee for a certain sum,
and authorized thereto in
person Dirck Storm, Jan
Cornelisse Buijs and Dirck
Janssen.
For the third time.
The said persons having
come again, made a verbal
Collateral and Illustrative Documents
623
hebben ter ^gaaderinge van
de voorgeseijde Jnwoonderen
Relaes mondelings gedaen
ende waer op de geheele
^gaaderinge hebben noch-
maels geresolveert om t voor-
geseyde Landt ende valeije
te coopen voor de Somma
van drie hondert gulden Jn
dien het den Wei Ed: Heer:
daer voor gelieffde aen ons
te yfcoopen] ende sijn van
de Jngeseetenen daer toe
geou[thoriseert] Den Con-
stapel en Dirck Jansse
Op[siende]r en [mutilated].
Voor de Vierde Reijs
Door XHoop van tijt sijn
door X^soeck van rnijn onder-
gesz: de gemelte Jngeseetenen
wederom ^gaedert Except
Cap* Hainelle ende het
voorige Raport Van de Edel :
Sessions voor gedraegen heb-
bende als vooren syn dese
naervolgende persoonen gere-
solveert om uijt te scheijde
met naeme Jan Cornelisse
Buijs ende Jan Cornelisse
Daemen, en Hendrick
Claesse ende Wijnant Pie-
tersse, en Sijmon Claessen
ende Johannes Marcusse
Dutch
1673/3
Jan. 5
report to the meeting of the Col. MSS.
aforesaid inhabitants, where-
upon the meeting once more
unanimously resolved to pur-
chase the aforesaid land and
meadow for the sum of three
hundred guilders, if his honor
were willing to sell it to us
for that [sum], and the in-
habitants authorized thereto
the Constable and Dirck
Jansse, Overseer, and . . .
For the fourth time.
In the course of time, the
aforementioned inhabitants
again met at the request of
me, the undersigned, except
Capt. Hainelle, and the pre-
vious report of the Hon. Ses-
sions having been submitted
as before, the following per-
sons resolved to withdraw,
namely: Jan Cornelisse Buijs
and Jan Cornelisse Daemen,
and Hendrick Claesse and
Wijnant Pietersse, and
Sijmon Claessen and Johan-
nes Marcusse and Susanna
Dubbels, while previously
624
Province of New York
isa
Coi. MSS. enje Susanna Dubbels, ende
(HYSL) te voorens is uiitgescheiide
Dutch A1, ~ ,. 6 - T .
Albert Cornehsse e Jons
1672/3 Jacopsse en Fredrick Lub-
Jan. 5 bertsse ende de voordre per-
soone ofte ingeseetene met
naeme Dirck Jansse en Lam-
bert Jansse Dorlant en
Raaff Warnar: ende Jero-
nimus de Rapalie en Dirck
Storm syn geresolveert de
gu[nst] van den Edel: Heer
Gouvern' en Sijne Raade
met eerbiedichfeijt] te
^wachte, $rnits wij sijnde
ende sullen ^obligeert blijven
tot Danckbaerheijt t voorsz:
Landt te betaeit soo ende
als tselve in billickheijt van
Onsen Wei Ed: Heer: Gou-
vern* aen ons te doen sal
werden geordineert, ende
blijve naer Eerbiedet groete-
nisse V Ed: Achtbaere:
Dienstwillige Onderdaan[en]
Raelph Warnar
Lambert Jansse Dor-
lant
met TI. i T
-{ Uirck Jansse
naeme T . r» t>
Jerommus De Ra-
palie
Dirck Storm
had withdrawn Albert Cor-
nelisse and Joris Jacopsse
and Fredrick Lubbertsse,
and the remaining persons
or inhabitants, namely, Dirck
Jannse and Lambert Jansse
Dorlant and Raaf Warnar
and Jeronimus de Rapalie
and Dirck Storm, resolved
to await respectfully the favor
of the Hon. Governor and
his Council, and we are and
in gratitude shall be bound
to pay for the aforesaid land
such sum as our Hon. Gov-
ernor in equity shall order
us to do, and with respectful
salutation, we remain your
honor's obedient humble
subjects,
namely^
Raelph Warnar
Lambert Jansse
Dorlant
Dirck Jansse
Jeronimus De Ra-
palie
Dirck Storm
BOND FOR PAYMENT OF CONFISCATED
LAND IN BROOKLYN.
In Dutch— January 25, 1672/3.
(Reduced from 6V-! by 7 inches.)
Collateral and Illustrative Documents
625
Op Breuckele
de 5" Januw
Af 1672.
73
Torconde der Waerhet
by mij Onderteeckent
[Not signed]
At Breuckelen
the 5th of January
A? 1672
73
CoLMSS.
32:145
(HYSL)
Dutch
1673/3
Jan.5
In testimony of the truth,
signed by me,
[Not signed]
Endorsed:
Breucklyn papers
[Bond for Payment for the confiscated Land.]
Wij ondergesz: persoonen
met naeme Dirck Storm ende
Lambert Jansse Dorlant ende
Raeff Warnar ende Jeroni-
[mus] de Rapalie ende Dirck
Jansse Woertman presteere
e[nde] beloove gelijck wij
beloov[e] mits desen een
Jgelijck haer pardt te be-
taellen wegenfs] de Coopinge
van het Lafndt] gekocht van
de Edele Heer Gouvern' en
dat voor [ofte op] den derden
feb? Anno 1672 ende tot
73
^seeckeringe [van] dese
X^binde een Jder voor
sij[n pardt] haere persoone
[40]
Translation:
We, the underwritten per-
sons, namely: Dirck Storm
and Lambert Jansse Dor-
lant and Raeff Warnar and
Jeroni[mus] de Rapalie and
Dirck Jansse Woertman,
offer and promise, as we
hereby do promise to pay,
each his part, of the purchase
money of the land bought
from his Hon. the Governor,
and that before [or on] the
third of February Anno 1672,
73
and for security hereof each
pledges for his part his per-
son and property, whether
now owned or to be acquired
CoLMSS.
22:146
(HYSL)
Dutch
1673/3
Jan. 25
626
Province of New York
Dutch
1673/3
Jan. 25
Col. MSS. en(je g[Oeder]e nu tegen-
(HYSL) woordich hebbe[nde] ofte
naermaels ^krygfende] alles
sender argh ofte list [Ten]
teecken der waerh* Js dese
door de voorgemelte persoone
met eygen Handt [onder]-
teecken* Actum Breuckelen
d[en] vijfFentwintichsten dach
[der] maent Januwarij Anno
1672.
73
Dirck: Storm:
lambert Jansz Dorr[lan]t
Jeronimus rapale
merck
Dit is het R van
Raeff [War]nar met
eygen handt geste[lt]
dierck Janssen
in the future, all without
guile or deceit. In token of
the truth, this is signed by
the abovementioned persons
with their own hands. Done
at Breuckelen, the twenty
fifth day of the month of
January Anno 1672.
73
Dirck Storm
Lambert Janssen Dorr[lan]t
Jeronimus Rapale
mark
This is the R of Raeff
[Warjnar made with his
own hand
Dierck Janssen
Endorsed:
Dirck Storm['s bond]
about the La[nd]
at Breucklyn
for the Town
G. E.
An Ord? for ye laying a Quit-Rent, upon a piece
of Land at Breucklyn, confiscated to his Ma-i<s use.
1672/3 Whereas upon ye Peticon of severall of y" Inhabitants
of Breucklyn, that there being a Lott of Land having a
[u5c] Collateral and Illustrative Documents 627
Swamp in it heretofore belonging to Charles Gabry, but was
confiscated to his Ma?ies use, w*h lyeing neglected & unfenct
was a great prejudice to the Towne, but if manured & r6_3/_
improved would redound to their Advantage; The said Feb. 7
Inhabitants making Offer to make paym* of a moderate Sufne
of Money [for thejsame; All w?hwas referr'd to the Court of
Sessions at Gravesend who recommended it to two or three
of the Bench to treat wth those concerned of Breucklyn
thereabout; These are to Appoint and Empower you M*
Cornells Van Ruijven & Mr Matthias Nicolls at yor first
convenience to repaire to the fferry of the Towne there to
treat wth the said persons, & Agree wth them either for a
certaine Quit Rent annually to bee paid, or some reasonable
Sume to bee forthwith paid for the same in Corne, & upon
yo' returne thereof unto mee, I shall bee ready to make
such Confirmacon of it as shall bee requisite. Given under
my hand at ffort James in New Yorke this 7th day of ffeb17.
1672.
[Francis Lovelace.]
[Adjustment concerning the confiscated Land.] CoL MSS.
aa: 148
(HYSL)
Whereas I was employed & entrusted by the Governo? ,^3
with m*. Cornell's Van Ruyven, to treat & agree with some 01 J"1* ia
the Inhabitants of Breucklyn, who had made Request for a
Lott of Land & Meadow within the precincts of the s[aid]
Towne heretofore] belonging vnto Charles Gabry of Hol-
land, but was confiscated in the Last Warre, & lay neglected
& unfenct to their great prejudice, for & concerning the
which I made an agreement with the said persons the
which was approved of by the Governo?: These presents
628 Province of New York [Sod
CoL MSS. testify, That I haue received full satisfaction for & concern-
(HYSL) ing the premises of Capt? Mic[hell] H[e]ynelle & M- Ralph
Warner on the behalfe of themselves & Company, where-
July 12 upon I haue delivered them all the writings left in my hands
thereunto relating, & will endeauo? to procure for them such
further Confirmation as shall bee thought requisite: Given
under my hand in New Yorke. The iz'h day of July,
1673.
M[a]tthias NicoIIs [Se]cT
[For] Heynelle & Mr Ralph Warne[r]
G-f- Endorsed on the Dutch Patent or
4:287
(NYSL) Ground briefe, granted by Governor
Kieft unto Willem Cornelissen, Febr.
19^ 1646, & by him transported to
Charles Gabry, June 23"? 1654, as
attested by Cornelijs Van Ruyven
Seer, as followeth, viz.
1673 The piece of land & Meadow or Valley w*h in the Limitts
of Breucklyn herein men coned, being confiscated as belong-
ing to Charles Gabry, a subject of the States Gen", & an
Inhabitant in Holland in the time of the late Dutch warre;
Vpon severall Complaints that the same lyeing neglected &
unfenc't was very prejudiciall to the Towne, and Applicacon
being made for its redresse, To the End aforesd, The Gov-
erno' hath consented & granted, that the same shall bee
& remaine to the use & behoofe of the Undertakers, viz'
Capt. Michael Heynelle, Dirck Jansen & Jeronymus de
Rapalye Inhabitants of the said place, & to their heyres &
Ex] Collateral and Illustrative Documents 629
assignes for ever: Dated in New Yorke the 12- day of °- |r
July 1673. onrsL)
By order of the Governo'
_I073
Matthias Nicolls. Seer.
No. LX.
BROOKLYN — FREDRICK LUBBERTSEN w
MICHIEL HEYNELLE.
An Order concerning Michael Haynell &
{Frederick Lubberts. touching Comonage
for Cattle.
Whereas there was a Certaine matter in Dispute betweene jjjf70.,-
Michael Haynell & Frederick Lubberts. both of y? Juris-
diction of Breucklyn touching certaine Comonage w?h y?
said Michael Haynell claymed upon y" land belonging to
Frederick Lubberts. It was this day mutually agreed upon
before me being w'h diuers others upon y? place, That for
y? Convenience of y* said Michael Haynell he being so farre
remote from any oth' Comonage, The said Haynell shall
duering y? tyme he injoyes y? farme where he now resides
haue liberty to put into Frederick Lubberts neck of Land
wthin y' fence next unto him his home Cattle That is to say.
8. milch Cowes, 2. working Oxen & one Saddle horse, But
in regard y" Land doth properly belong to y? said Frederick
Lubberts as by his Patents & long possession doth appeare,
& that he is to maintaine y? fence & pay the rates for y" same.
It is thought fitt, That as an Acknowledgm* thereof y? said
630 Province of New York
£ A«6 Michael Haynell do for every beast he puts upon y? said
(HYSL) Land pay to the said {Frederick Lubberts or his Ord? Three
o Guilds Seawant, & for his horse six Guild" ^ Ann, And
June 27 that this is not to be taken as a President for any one else
to expect y? like but merely for an Accoinodation, & to sup-
ply the necessity of y? said Michael Haynell upon ye farme
where he now dwells, Given und? my hand at ffort James
in New Yorke this 27?h day of June 1670.
[Francis Lovelace.]
®: E- An Ord? on ye behalfe of ffredrick Lubberts con-
(HYSL) cerning him & Michaell Heynell of Breucklyn.
Whereas Comp?' is made unto Mee by Fredrick Lubberts.
who lives wthin ye Jurisdiction of yor Towne that notwith-
standing ye Agreem* made before mee between him ye said
fFredrick & Michaell Heynell his Neighbour, wherein ye
said Heynell was restrayned to a certaine Numb' of Cattle
& Horses to be putt upon ye said ffredricks Neck of Land,
ffor wch by my Ordr a certaine Consideracon was yearely
to be paid; These are to require you That you forthwith take
two of y" Overseers to your Assistance, & make Enquiry
into y8 Truth of ye Matt', & if it bee as is alledged, That you
forewarne ye said Michaell Heynelle from soe doeing, and
render mee Acco? thereof; And for soe doeing This shall bee
yor Warrant. Given under my Hand at fforte James in
New Yorke, this 25th day of October 1671.
[Francis Lovelace.]
To y* Constable of Breucklyn.
Collateral and Illustrative Documents 631
No. LXI.
NEW YORK CITY — REV. JACQUES ROULLAUD
AND FRENCH PROTESTANTS.
[Passenger List of the Ship " Grace. "] ; J;
The Names of y* Passenger?* that went home in
the Ship y* Grace of London, are (.DecemJ
Mr Nicholas de Meijer
Mr Paulus Richards.
D? Jaques Roullaud »
Johes Hardenbrooke
Johes Whitthart.
The Governor AnswT to D? Jaques O-8-
4 '79
Roulauds Request, y* ffrench Ministr (NTSL)
The Request herein written of Mons? Jacques Roullaud
tending to y" gen'11 Good of this his R: Highness Province,
I have thought fitt to Grant it as farr as in mee lyes, w°h will
bee Effectuall to y* three latter Proposalls, & for ye first shall
recommend it to his Royall Highness, who probably may
prevayle therein. As to all other Matt™ there shall bee want-
ing noe due Encouragem' from mee. Given under my Hand
at ffort James in New Yorke the 22th day of December. 1671.
Fran: Louelace
«A passport was granted to the Rev. Jacques Roullaud, on December 19,
1671, " to goe home " in " the Good Ship y* Grace, Claes Verbraeck Com-
mand' now Bound for England and Holland." — General Entries, vol. 4, p. 77.
632 Province of New York
No. LXII.
NEW YORK CITY — PROCLAMATION ABOUT
UNFENCED LOTS.
°'.E' A Proclamation requiring such Persons as have
(inrsL Lotts of Land about this City unfenct, that
they bring in their Claymes or prtences &c:
to y* Secretaryes Office, by y" ifst of March.
Whereas ^ere are diverse Lotts of Ground within this
City & Precincts, wch heretofore have been fenct in & built
upon, but haveing been neglected are fallen to Ruine &
Decay, & soe lye in Common without any Care taken of
them, & there haveing been likewise Graunts & Patents for
severall Lotts of Land in & about ye City, wch never yet were
fenct in or improved; To ye End the vacant Lotts & Houses
fallen to decay & left neglected in the City, may bee fenct in
& rebuilt upon, & those other Lotts some way improved
according to ye Intent of y8 Graunts & Patents given to ye
respective Persons for ye same; I have by & wth ye Advice
of my Councell thought fitt to Order Publish & Declare,
That all persons whatsoever who have any Clayme or prtence
to any such Lott of Ground wthin this City or precincts,
w°h formerly hath been fenct in & built upon, but now lyes
neglected, or for the \rch there are Graunts & Patents, but
never were fenct in or improved, That they bring into ye
Secretaryes Office in the fforte such their Claymes or Pre-
tences by ye first or second day of March next, when some
Order shall bee taken concerning the same. And who-
soever (haveing Notice hereof) shall refuse or neglect soe
to doe, shall forfeit their Pretences, & their Lotts bee dis-
Collateral and Illustrative Documents 633
posed as the Governo' shall see Cause for the Good and
Welfare of the Place. Given under my Hand at ffbrte
James in New Yorke this 25th day of Jan?7 in ye 23th yeare l67,/a
of his Matiei Reigne, Annocp Domini 1671. J*a->5
[Francis Lovelace.]
No. LXIII.
NEW YORK CITY — THIRD COMPANY OF FOOT
ESTABLISHED IN THE MILITIA.
An Ord' for a third Company of ffoot ®. E.
& ye 3 Commission Offid* to be raisd (ifYSL)
in this City.
Whereas it is thought requisite, & for y* reputacon of y* j**1 /*
Place, there being a Competent Number of Men capable 01
bearing Armes to compose a third Company of ffoot, I doe
recommend unto you ye Denominacon of six Persons of ye
City, that is to say, two for Captaines, two for Lievten*8, &
two for Ensignes, & make returnes of their Names unto mee,
out of wch Number I shall make choice of one of each to
bee Officers, for the which They shall have my Commission
& Ord' to take Charge of ye said Company. Given under
my Hand at fforte James in New Yorke this 15th day of
January 1671.
ffran: Louelace
To ye Mayor & Aldermen of
this City.
634 Province of New York
G. E. An Ord' about raysing a third Company
(HYSL) of ffoot in this City.
1671/2 Whereas It hath been thought requisite, That a New
Company of Foot should bee risen within this City & p'cincts
there being a Competent Number of Men capable of bearing
Armes to make up three Companyes, for ye wch I have
graunted forth my Commissions; I doe Recommend it to
y* Offic" of ye three Companyes that as neare as may bee,
They make an Equall Division of the Souldyers in ye Towne
into three distinct Parts, both as to quality & Number, the
w°h being done Lotts may bee drawn, for ye determination
to whom each Company shall belong, That is to say, Cap*
Martin Cregier, or in his Absence his Lievten* shall draw
y8 first, Cap* Johannes Van Brugh y8 second, & Cap* Isaack
Bedloo the third Lott, &y" OfEc?3 according to their
Draught are to take Charge of their respective Companyes
accordingly.
Given under my Hand at Forte James in New Yorke this
26th day of ffebruary 1671.
[Francis Lovelace.]
To y" Military OfficT8 of y«
City of New Yorke.
. E. A Warr* to y8 3 Cap*?8 of ye Foot Companyes
belonging to N: Yorke, to appeare at ye Ren-
dezvous on y8 2Q*h of this instant May. &c:
You are hereby ordered to give due & timely Warning to
y* inferio' Offic™ & Souldy" of y8 Companyes under yoT.
Comand, that they bee in a readyness to make their Appear-
ance wth their Armes fixt together wth some fitting pro-
portion of Ammunicon, upon Wednesday ye 29*h day of this
Collateral and Illustrative Documents 635
instant Month by nine of y* Clock in y" Morning in the broad
Place neare y" fforte, from whence you are to march wth yo'
respective Companyes to the Rendezvous to bee appointed
for y* Militia of this City, there to receive such further May 4
Ord™ as shall bee given from mee, or such other superior
Office whom I shall appoint; Hereof you are not to fayle
as you will answer ye contrary at yo' Perill. Given: &c: the
4th day of May in y* 24th yeare of this Ma**?* Reigne, Annocp
Dm 1672.
[Francis Lovelace.]
To Cap' Martin Creig?
The like was directed to Cap* Johes Vanbrugh.
And a third to Mr Isaack Bedloo.
Warrant to Cap* Van Brugh for y* drawing up his
Company together at y* Gen? Rendezvous &c:
You are immediately upon sight hereof to cause yo'
whole Company of ffoot to bee drawn together on y* 29th
day of May 1672. by 7 of y" Clock in y* Morning at y*
Genr" Rendezvous appointed by mee at y* Winde-Mill Hill
without y" City of New Yorke, & there to continue till you
receive farther Orders from mee; And hereof you are not
to fayle as you will answer ye Contrary at yor utmost Perrill.
Given &c: this 27th of May 1672.
[Francis Lovelace.]
To Cap* Johes Van Brugh or
in his absence to his Officer in chiefe.
( Cap* Bedloo
The like to — -j &
(. Cap* Creiger.
636 Province of New York
No. LXIV.
NEW YORK CITY — NEW TROOP OF HORSE
RAISED.
®-^i An Ord' toM* Steenwijck for raising a
(HTSL) Troope of Volunteers upon this Island.
1672 Whereas I have made Inspection into y* Militia of this
City, & findeing it requisite that upon Occasion some Horse
should bee in readyness as well as ffoot for ye Safeguard &
Defence of y° Place, & also for ye Reputacon thereof;
These are to Authorize you Cap* Cornelijs Steenwijck, to
take the Subscriptions of all such Persons as shall volun-
tarily enlyst themselves within this City and Precincts, as
also at y" Bowery, New Harlem and ffordham to Compleat
a Troope of Volunteers to bee under yo' Command, in y8
wch you are to have ye Assistance of Cap* Dudley Lovelace
whom I have thought fitt to nominate to bee yor Lievtenant,
& Mr Gabriel Minvielle who is to bee your Cornett. And
you are hereby Ordered to putt yo'selves in the best Posture
you can for y" present to appeare at the Gen?11 Trayning of
ye Militia in this City on ye 29th day of the Month of May
next, for the doeing whereof this shall bee yo* Warrant.
Given under my Hand & Scale at Forte James in New Yorke
this 24th day of Aprill 1672.
[Francis Lovelace.]
To Cap* Cornelijs Steenwijck
These.
[i35v] Collateral and Illustrative Documents 637
Another Ord' about y* City Troope. °- E-
4:130
(IfYSL)
Whereas I have issued forth my Warr? to Cap* Cornelijs
Steenwijck to rayse a Troope of Horse within y* Libertyes May 6
of this City and Island, the wch can noe way bee compleated
without some Dispensacon bee allowed to some of those
that are willing & capable amongst y8, ffbot-Companyes,
under whom all but those exempted by the Law are or ought
to bee Enlysted; These are to Certify That Cap' Cornelijs
Steenwijck and his Offic™ have hereby Liberty to Enlyst
such and soe many Volunteers out of y8 Companyes of ffoot
belonging to this Towne as are capable to sett themselves
forth wth Horses, ffurniture, & Armes; Provided ye number
doth not exceed five or six in each Company which persons
soe enlysted by y8 Cap? of Horse shall bee excused from
giveing their farther Attendance on the fFort; ffor the vf°h
this shall bee to them & every of them a Warrant & Dis-
charge. Given under my Hand at Forte James in New
Yorke y* 6th day of May 1672.
[Francis Lovelace.]
[Commissions issued for Troops of Horse.] °- B-
(HYSL)
May y" 25th 1672
Commissions were granted to Cap? Cornelijs Steenwijck, **7»
Cap? Dudley Lovelace, & Mr Gabriel Minvielle to bee Cap?
Lievten', & Cornett of the Troupe of Horse Lysted or to be
Lysted wthin this City of New Yorke, Island Manhatans
or parts adjacent, curren: secundum formam istarum
Commissionum quae concessae fuerunt Cap*¥ Matthiae
Nicolls, Thomae Willett &c: recordat. in tertio Libro.
638 Province of New York
An Ord' to CapJ Steenwijck for y8 drawing up his
(HYSL) Troop together to Rendezvous upon May 29th
. E.
You are immediately upon sight hereof to give Notice to
all those that belong to yor. Troope of Horse that they bee
drawn together wth their Armes fixt & sufficient Ammunicon
on ye 29th day of this instant Month by 7 of the Clock in ye
Morning on ye Hill beyound Mr Beackmans without this
City over against ye fferry, & there to continue untill you
receive further Ordrs from mee; Hereof you are not to fayle,
as you will answer ye Contrary at your utmost Perrill.
Given under my Hand at Forte James in New Yorke this
27th day of May 1672.
[Francis Lovelace.]
To Cap* Cornelijs Steenwijck.
No. LXV.
FLATLANDS — ESTATE OF BALTHAZAR DE
VOSCH.
C. A. A warrant for Balthazer de Vosch to
(HYSL) appeare at y" next Gen?" Court of Assizes.
These are in his Maties name to will & require yo" Baltha-
zer de Vosch to appeare at this next Gen'u Court of Assizes
to be held in this Citty beginning on ye first Wednesday in
Novemb? next then & there to make Answer to y* Comp!*
of Mettie Wessells widdow who hath Entred an Accon of
Debt against yo? Hereof yo? are not to fayle at your perill
Giuen undr my hand & scale at ffort James in New Yorke
Collateral and Illustrative Documents 639
this 7^h day of October in y* 2i-h yeare of his Ma'ie* raigne c; *•
Annoq) Domini 1669. (HYSL)
[Francis Lovelace.]
To ye Constable of fflattlands
ats Amesford who is to see this
warrant served & make retorne
thereof at y* Assizes.
A Warrant to y6 Constable of Flatt bush
to lay an Attachem' upon a Certaine Lott
of Land there.
These are in his Ma"" name to require you to lay an 1670
Attachem* upon a Certaine Lott of Land at Midwout ats
Flatt bush now in y* Tenure or Occupation of Jan Roeloff-
sen & belonging to Balthazer de Vosch who stands indebted
in a certaine Sufne of money for goods receiued of M* Isaack
Bedlow of this Citty merchant, And that you make Retorne
of y? service of this warrant to y' next Court of Sessions to
be held at Gravesend, Hereof you are not to fayle Given
und' my hand at Fort James in New Yorke this 7*h day of
June 1670
[Francis Lovelace.]
To y? Constable of Midwout
ats Flatt bush.
An Ordr for y? Deliuery of y? House c. A.
& Brewhowse late in y? possession
of Balthazer de Vosch unto (Father
Kaes.
Whereas It hath beene rep'sented unto me that before 1670
y? departure of Bathazer [sic] de Vosch from his habitation &
this Countrey he made seuerall bargaines & Sales of Lands
640 Province of New York [LXV]
C. A. & houses, amongst y? w?h there are Three or four that depend
(!CY5SL) y8 one on y? oth% & all Center in his Exchange of her
house Lott of ground & Brewhouse at Amesford w*h one
Sep6t!°3o named father Kaes als Cornelissen of Midout for a Bowery
or Lott of ground he hath there, y*. w?h Exchange is to be
made & performed on y? first day of Octob* next, These
are to ord- & appoint yo" y? present Constable & Over-
seers of Amesford to deliuer possession of y* house Lott of
Ground and Brewhouse late in y? possession of y? said
Balthazer de Vosch; so agreed to be exchanged as aforesaid,
unto yf said father Kaes als Cornelissen or his Assignes,
The w?h bargaine sale & Exchange as well as all oth^ made
by him, before he deserted his habitation are to stand firme
& good unlesse other reasons can be showne to y? Contrarye
at y? next Gen'11 Court of Assizes. Given und' my hand
at ffort James in New Yorke this 30^ Day of SeptermV
1670.
To y? Constables & Overseers [Francis Lovelace.]
of Amesford als Flattbush.
C. A. An ord? for y? Constable and Overseers
(HYs£) of Flatt lands to take a view of y?
house in dispute betweene ffath' Kaes
& Balthazer de Vosch.
1670 Whereas yo? haue made Report to me that Cornelijs
' ' 3 Jans ats father Kees doth refuse to take possession of y?
house & Land of Balthazer de Vosch, according to his
Agreement & my Ord^ for reasons w?h he prtends to bringe
in at y? Court of Assizes, y? w?h as I am informed hath
relation to some want of repaire of y? house or some damage
casually received since y? bargaine, You are hereby ordered
to take a view of y? said house, & to giue an Account to me at
Collateral and Illustrative Documents 641
this next Court of Assizes,1 what y? Charge of making y? c: *•
Reperarion will be, That some Course may be taken to (RYSL)
make it good, & an issue put to y" oth' bargains & sales
depending thereupon, Given und' my hand at ffort James in Oct. 3
New Yorke this 3"? day of Octob- 1670.
[Francis Lovelace.]
To y? Constable & Overseers
of Amesford ats Flatt lands.
A warrant for y? 4 psons following to c; A-
view y* house of Balthazer de Vosch. (NYSL)
Whereas yo? are by an Ord' of y? late Gen?" Court ot
Assizes nominated and appointed to view & adjudge what y*.
Charge will amount to of Reperarion of y" Lott & Brewhouse
at fflatt lands late belonging to Balthazer de Vosch who
exchanged y"? Same w'h Cornelijs Jansen Boegart als fathr
Kaes for his Lott at fflat bush as also of what else shall be
found wanting to make good y? Conditions made betweene
them upon y* said Exchange, These are to require you that
yo" forthw*h & wthout furth' Delaye proceed to doe y?
Same according to y? said Ord% It being a matt' w?h as I am
Informed may be effected in a few houres, & y? Delay
thereof may prove very prjudiciall & for so doeing this shall
be yo' warrant Given unde* my hand at ffort James in New
Yorke this 13^ of October 1670.
[Francis Lovelace.]
To Captn Elbert Elbertse
M*. Jacob Kipp
Coert Stevens &
Huybert M? Oloffe Stevens man.
• The case of Cornells Jansen Boegart, altos Father Kaes, against Bal-
thazar de Vosch, figured at the court of assizes, in October, 1670. — Court
of Assizes, vol. 2, pp. 253-255.
[41]
642 Province of New York
3C; *• The Governor3 approbation of y? Report
(NYSL) of y? $sons appointed to view y?
house of Balthazer de Vosch
1670 Whereas 4 Bisons were appointed by ye late Genr" Court of
Assizes to view & adjudge what y" charge would amount unto
of Repation of y" Dwelling house & Brew house at Amesford
late belonging to Balthazer de Vosch who Exchanged y? Same
w*h Cornelijs Jansen Boegart for his Lott at Midwout, as also
of what else should be found wanting to make good y? Con-
ditions made betweene them upon y" said Exchange, And
y" said ^sons having given in their Report conformable to
what was heretofore done by y" Constable & Overseers of
y? said place, That is to say for fower hundred Guild"
Seawant for y? Reperation of y? house & Brewhouse, & also
for one hundred Guild" Seawant more for y" Damage y?
ffatts haue Susteyned, Upon due Consideration had hereupon,
I haue thought fitt to approue & do allowe of what is
adjudged by y? said persons & doe ord? that no furth'
Exceptions be admitted against it, And y* persons appointed
in trust to AdministT upon & look aft? y? Estate of y? said
Balthazer de Vosch are forthw?h to take Care That y? said
Sume of fiue hundred Guild?9 be allowed to y? said Cor-
nelijs Jansen to y? end & purpose aforementioned. Given
undT. my hand at ffort James in New Yorke this ij^ Day
of Octob? 1670.
[Francis Lovelace.]
An Ordr Excusing Mr Jacob Kipp's
(IfYSL) attendance in y? businesse betweene
Cornelijs Jansen & Youncker Vosch.
r Jacob Kipps other occasions hind? him
from attendance on y* businesse betweene Cornelijs Jansen
Collateral and Illustrative Documents 643
& Youncker Vosch whereunto he was ordered at y? last c- *•„
3 * KOO
Court of Assizes, I haue thought fitt to referre the nomina- (HTf SL)
tion of a fourth person in his stead to y? oth' three appointed
by y? Ordr aforesaid. Given undf my hand at fFort James Oct. 18
in New Yorke this i8'h of October 1670.
[Francis Lovelace.]
No. LXVI.
BOND OF THOMAS WALKER, COMMANDER OF
THE SHIP "BATCHELOURS DELIGHT."
Another Certificate about Mr Walker ®:5j
from the Custome-Master.1 (HYSL)
These are to Certify all whom it may concerne, That
Thomas Walker of the City of London Merchant hath taken Attested
his Oath & Given Security by Bond of One thousand pound '671/2
Sterling Money of England to Cot!, ffrancis Louelace
Governor of New Yorke, & all his Royall Highness Terri-
toryes in America for the use of our Soveraigne Lord the
King, That y* Vessell or Pinck called ye Batchelo^ Delighte
now rideing at Anchor in this Harbour of New Yorke is a
(Free Ship, ye which hee is to make appeare before ye Expira-
tion of one yeare and six Weeks as in the Bond is men coned.
Given under my Hand this 22th day of DecembT 1671.
C: Van Ruijven Cottf
'This is in reality the earlier certificate, as the other one is that of
January 17, 1671/2, printed on p. 645 in its chronological sequence. In the
engrossed manuscript the earlier certificate is entered last, which accounts
for the ambiguous heading.
644
Province of New York
[LIVI]
G. E. To y" Truth of y" Contents of what is above-written, I doe
attest. Given under my Hand and Scale at fforte James
in New Yorke on ye Island Manhatans in America the 17"*
Dec." 22 day of January in the 23th yeare of his Mat!.es Reigne,
Attested Annocfi Domini 1671.
1671/2
Jan. 17
[Francis Lovelace.]
G; fj
(HYSL)
1671/3
Jan. 13
[Walker's Bond for the Ship " Batchelours Delight. "]
Jan^ i3*h 1671.
Mr Thomas Walker part Own? of ye Pinck Batchelours
Delighte, Enterd into an Obligacon of 1000" Sterling, to Mr
Richard Ripley (late Mast? of ye said Pinck) wherein hee
bound both himselfe, heyres, Execute", Administrate", &
his Vessell That after hee had made his Voyage hence to
Virginia with the said Ship, hee would then sayle directly
(Winde & Weather permitting) to ye Island of Jamaica,
without makeing any other Voyage before hee hath acomp-
lisht ye same, & that there hee would save ye said Wm Rich?
Ripley harmless, as touching ye Obligacon wherein hee
became bound at Jamaica for ye returne of ye Ship. &c:
G.E.
(MYSL)
Jan. 15
[Bond for the Ship "Loyall Dorothy. "]
Jan^ 15th 1671
Capt. Josyas Teate, & Mr Thomas Walker Merch* enterd
into a Bond of ioooB to ffrancis Louelace Esq? &c: the
Condi con whereof was, that Cap* Teate should sayle back
y* Ship Loyall Dorothy to Nevis in ye roome of Cap1 Julius
Collateral and Illustrative Documents 645
deceased, & there deliver her up wth her Cargoe to S* Charles °- E-
Wheeler, according to y* Tenor of his Commission, the which (HYSL)
if hee did, then the Bond should be void.
1671/2
Jan. 13
Mr Thomas Walker's Certificate. O. E.
Whereas Mr Thomas Walker halfe Own? of the Pincke the 1671/2
Batchelours Delighte came upon ye 6th day of October last *"" *7
with the said Vessell into this Harbour from Jamaica and
ye Bay of Campechio loaden wth Loggwood, & before her
departure from out of Jamaica, haveing given Bond with
another, & ye Master Mr Richard Ripley that the said
Pincke should returne back to Jamaica by ye first Conven-
ience, or in twelve Months after ye Date of the said Bond,
That is to say, by ye i8th day of (February next, y" danger of
the Seas & Death excepted; These are to Certify all whom
it may Concerne, that since ye Arrivall of the said Mr Walker
into this Porte wth his Pincke as aforesaid, hee hath been
detayned here contrary to his Expectation by his Ships being
questioned to bee an unfree Ship, as also by severall Dif-
ferences and Debates at Law between him & his Master,
and likewise between others and him, soe that by the meanes
aforesaid hee cannot in probability comply wth his time of
returning to Jamaica, but hath given Bond for the perform-
ance of his Engagem* with his first Convenience. Given
under my Hand and Scale at ffbrte James in New Yorke on
y* Island Manhatans this 17th day of January in ye 23th
yeare of his Ma"?8 Reigne, Annocp Dm. 1671.
[Francis Lovelace.]
646
Province of New York
o. E.
(NYSL)
1671/3
Jan. 19
A Pass-porte for Mr Tho: Walker
to depart hence with his Shipp &c:
Permitt & suffer ye Pincke Batchelors Delighte now rideing
at Anchor in this Harbor, Thomas Walker halfe Owner &
Command' bound for Jamaica to Passe out of this Porte
wth her Ships Company, Goods, Merchandize, & Neces-
saryes without any manner of Lett, hindrance, or Moles-
tacon whatsoever. Given under my Hand & Seale at fforte
James in New Yorke this 19th day of January in the 23th
yeare of his Ma".68 Reigne, Annoq} Domini 1671.
[Francis Lovelace.jj
To all Offic" & others whom
this may Concerne.
G. E.
1671/3
Jan. ax
A Warrant for ye seizing upon Mr Walker
& bringing him back to this City.
These are in his Maties Name to require you to Attach ye
Body of Mr Thomas Walker one of the Owners & Coffiander
of the Pincke Batchelours Delighte, and that you bring him
back to this City to make Answer to the Suites of Docto'
Henry TayloT Dirck Van Cliffe, William Merritt, & Diverse
other Creditof As also for his Contempt in goeing away
with his Ship without Clearing at the Custome House. And
for soe doeing This shall bee your Warrant. Given under
my Hand at fforte James in New Yorke this 2 Ith day of
January. 1671.
Fran: Louelace
To Philip Johns
Haven-Master.
Some Persons are to bee left on board to secure ye Ship,
that shee depart not till further Order.
Collateral and Illustrative Documents 647
No. LXVII.
WESTCHESTER — JOHN PELL w JOHN RICHBELL
ABOUT BOUNDARY AND TRESPASS.
Recorded for Mr John Richbell, the 6th
day of June 1666, this Indyan Deed. (Sec.'sute)
I Wompoqueum, together with my Brother Mahatahan, [n.d.]
being the right owners of three Necks of Land, lying and
being Bounded on y" East side with Mamaranock River, and
on ye west side, with the Stony River, which parts the said
Land, and Mr Pells Purchase; Now These are to Certify,
to all and every one whom it may concerne, That I wompo-
queum, did for my selfe, and in the behalfe of my above
said Brother, Mahatahan, firmly Bargaine & Sell to Mr
John Richbell of Oyster Bay,1 to him and his Heires forever,
the above mentioned three Necks of Land, together with
all other Priviledges there unto belonging, Six weekes before
I sold it to Mr Tho: Revell, And did marke out the Bounds,
and gave Mr Richbell possession of the said Land, and did
receive part of my pay then in hand, as Wittnesse my hand
The Marke X of Wompoqueum.
Wittnesse
Jacob Yongh
Catharin Yongh.
1 Richbell was a merchant at Charlestown, Mass., before he came to Oyster
Bay, and Revell came from the Barbados. Richbell bought Horse Neck, oa
September 5, 1660, and conveyed it to Nathaniel Silvester, of Shelter Island,
and others, on October 18, 1666. He and his wife, Ann, also conveyed to
Silvester, and others, their dwelling house, gardens and other lands (alto-
gether twenty acres) at Cove Neck, in Oyster Bay, on November 17, 1666.
For documents on his relations with Oyster Bay, see Deeds, vol. 2, pp. n,
12, 15, 102-112, 224-232; ibid, vol. 3, pp. 93-99, 119-126, 148; Court of
Assizes, vol. 2, pp. 7-14. On his controversy with Revell, see also Orders,
Warrants, Letters, vol. 2, pp. 48, 66.
648 Province of New York
[Indian Deed to John Richbell.]
(Sec! State) Mar: 13th
1666 Recorded for MT Richbell.
Mammaranock, y? 23? Sept' 1661.
1661 i.i Know all Men by these pres'5 That I Wappaquewam
— — Right Owner & Proprietor of part of this Land, doe by Order
1666/7 °f my brother who is another Proprietor, & by consent of
Mar- *3 the other Indyans doe this day, sell, lett & make over from
mee my heyres & assignes for euer, unto John Richbell of
Oyster bay his heyres & assignes for euer three Necks of
Land, The Eastermost is called Mammaranock Neck, & the
westcrmost is bounded with M? Pells purchase: Therefore
know all Men whom these presents concerne that I Wappa-
quewam, doe this day alienate & estrange from mee, my
heires & assignes for euer unto John Richbell his heyres &
assignes for euer, these three necks of Land with all the
Meadowes Riuers & Islands thereunto belonging, Also the
s? Richbell or his Assignes may freely feed Cattle or cutt
Timber twenty miles Northward from the marked Trees of
the Necks; ffor & in consideracon the s? Richbell is to giue
or deliuer unto the aforenamed Wappaquewam the Goods
here under mentioned, the one halfe about a moneth after
the date hereof, & the other halfe the next Spring following,
As the Interpreters can testify; & for the true performance
hereof, I Wappaquewam doe acknowledge to haue recd two
shirts & ten shillings in wampom, the day & date aboue-
written.
Twenty two Coates.
one hundred fathom of Wampom.
'The six numbers attached to documents in this gronp simply show
sequence in the manuscript volume. They are printed here in chrono-
logical order.
[lira] Collateral and Illustrative Documents 649
Twelue shirts. Deedj
a: 192
Ten paire of Stockings. 0ec. State)
Twenty hands of Powder.
Twelue barrs of Lead. Sept. 23
Two firelockes. Recorded
ffifteene Hoes. jgf^
ffifteene Hatchets.
Three Kettles.
The Deposition of John Finch & Deeds
Edward Griffen both of Oyster bay.
2. These Deponents testify & affirme, That they being at
Peter Disbroes Island (being to the westward of Greene- 1>tc'ao
wich) the 23? day of September last past, & being there Recorded
employed by mr John Richbell for to Interpret betwixt the Mar. 13
said mf, Richbell & the Indyans (mentioned in this writing
annex' t) about the purchase of three Necks of Land, The
said Deponents doe both of them affirme, that this herein
written was a true and reall bargaine, made the day aboues*
betwixt the said M? John Richbell & the said Indyans, &
the Conditions thereof.
Taken before mee
John Hickes.
Hempsteed this 2oll? of
December. 1661.
The deposition of John ffinch of Oyster Deed*
bay & also of Edward Griffin. (ge3c;
5. The s? Deponents vpon Oath testifye, nT John Richbell 1661/2
Merchant of Oyster bay, did buy of Wappaquewam a cer- Mar' "
taine Tract of land lyeing westward of the River called
Mammaranock Riuer & bounded by Land purchased by mr Mar. 13
650 Province of New York
Deeds Thomas Pell of the Indyans, The said Wappaquewam being
(Sec. TState) entrusted by his brother Mathetuson formerly called Money
(as the said Wappaquewam & Mathetuson did enforme) to
Mar! H sell all his propriety in the s? Land, & himselfe with Edw?
Recorded Griffin accompanied the said John Richbell, unto ye s?
Indian Wappaquewam to buy the s"? Lands, which accord-
ingly hee did, & payd unto the s^ Wappaquewam in part of
payment for the purchase of the said Lands, Two shirts &
ten shillings in wampom, and agreed upon Time for the
payment of the residue according to a writing made at
Momoronock River, bearing date 23? of Sept. 1661. & on
that day the said Richbell tooke possession of the s? Lands.
In & upon the 7^ day of March 16(1. The s1? John
Richbell employed them the s? Deponents & one Jacob
Young a Sweed (which are Indian Interpret") to goe with
him to the Indyans to talke w£ them, Hee the s? Richbell
hearing a Report that y? s? Indian Wampaquewam had
afterwards sold the s1? lands to m? Revell, & in our voyage
to speake w'h Wappaquewam wee met with his brother
Mathetuson alias Mohey afores?, who did fully maifest unto
us that hee (according to his brothers Informacon) did
employ & giue power to his brother Wappaquewam to sell his
propriety of Land to m1. Richbell, whom Wappaquewam
enformed him would buy it of him, & withall did relate to
vs severall of the particulars that the said John Richbell
by agreement was to pay for the s? Lands: Moreouer the
s? Mathetuson seemed to bee much disturbed in his Mind,
That any Contract was made with any other for y? said
lands, hee affirming that hee knew not that any other then
John Richbell had made any contract about it, untill hee
came downe to the Sea Coast, wherefore m? John Richbell
did tell the s? Mathetuson that hee was now come to settle &
plant the same, And the said Mathetuson did giue him free
Collateral and Illustrative Documents 651
liberty to the same,onely desiring M? Richbell that hee might
bee payd for it, & not to loose his pay for a Neck & halfe (Sec. State)
of Land, which hee was yet unpaid for: i66i/a
To the former part were deposed John ffinch & Edward Mar. 11
Griffin the n*-S of y? i?< Moneth -J
62
Before mee
Rich: Lawes.
To the latter part the s1? John ffinch & Edw* Griffin &
also Jacob Young haue deposed this n- i*-^-
Before mee
Richard Lawes.
The Deposicon of Peter Disbroe of !>••*•
Monussing Island zetatis suae 3o'h (Sec*. state)
3. The s? deponent upon Oath Testifieth, that Mr Rich-
bell &c, went to Mr Reuell (then on the Island afores?) &
warned Mr Revell not to buy the Land beyond Mamma-
ranock Riuer of the Indyans, for that (hee said) hee had Mar-
bought it already: At that time Wappaquewam came to my
house M' Richbell and John ffinch being there also, the said
Wappaquewam said hee was the Owner of the Land, & did
in my hearing owne that hee had sold the land to m? Rich-
bell, but the other Indyans ouer persuaded him to sell it to
Mr Reuell, because hee would give a great deale more; The
said Wappaquewam did also owne that hee had rec? part
of pay for the Land, of m' Richbell & John ffinch: This to
my best understanding was y" Indyans speech unto them;
Also at the same time the said Indyan Wampaquewam did
verbally offer unto M^ Richbell the pay that hee had rec?
652 Province of New York
Deeds jn part for the s.d Land, But m? Richbell refused saying hee
(Sec.' State) would not receiue it, but according to bargaine hee would
haue the land & pay him (the s? Indyan) his pay: More-
Mar. 12 over the said deponent saith that M? Revell being at his
Recorded house (before the former discourse) that hee the said deponent
&d tell Mr Reuell that the Land was agreed for by John
Finch, & some part of the pay paid. This deposed unto
the 12* of i* |i:
02 before vs
Richard Laws
Francis Bell.
Deeds The deposition of William Joanes of
(Sec! State) Monussing Island about 22 yeares
of age.
1662 4. The s"? Deponent upon Oath testifieth, That Thomas
Close & himselfe being mates, the said Close having beene
at Oyster bay, upon his returne to Monussinge afores? did
J3 tell him that when hee was at Oyster bay, That John ffinch
& Henry Disbroe of Oyster bay did tell him, that John ffinch
& m' Richbell had agreed to purchase the land at Mam-
maranock Riuer, & desired him not to discouer what hee had
told them, for that hee had promised them to keepe silence,
& if it should bee knowne that he had told him (the said
Joanes) hee should then bee counted a Trayto', this was about
September 1661: Severall moneths after m' Richbell & John
ffinch & Edward Griffin being at Mammaranocke Riuer, &
they waiting for the Indyans corning to them to receive that
part of the pay for the land as was agreed then to bee paid,
& m' Richbell had then by him; They wanting bread sent
for some to the Island Monussing, wherefore the s? Deponent
Collateral and Illustrative Documents 653
went & carryed them some: When to the land hee came, mT
Richbell had there sett up a Shedd to shelter from the weather, (Sec. Sute)
& tooke possession there, staying for y" Indians to receiue the ifi6j
pay as was promised, Mr Revell being then at Monussing, & Apr. 5
hearing that Mr Reuell came to buy the land, did tell m' Recorded
Richbell what hee had heard: Wherefore m? Richbell & BU?^
John ffinch & my selfe came to Monussing, m' Richbell
saying that hee would purposely goe to forewarne MT. Reuell
not to buy the land, being hee had already agreed for the
same: When to Monussing they came, there was some of
the Indyans that had sold y? land viz' Cakoe & wappaque-
wam, who would haue secretly gone away (as they judged)
but that John ffinch spyeing of them, called then againe,
saying to them, are you ashamed of what you are doeing;
Then at peter Disbroes house the said Cakoe & Wappaque-
wam did tender to mT Richbell & John ffinch the pay againe
which they had recd in part of payment for the Land, but
they refused, John ffinch & m* Richbell saying to them that
they would stand to y? bargain that they had made: The
said Wappaquewam did there fully owne that hee had sold
the Land to mr Richbell & John Finch: Stamford Apr 5*h
1662. given before mee
Rich: Lawes.
The originall was Interlin'd
before deposed (unto) in the
28* line, (And Mr. Richbell)
In the 13^ line (Monussing).
Deeds
The Testimony of Jonathan Lockwood (Sec. state)
being aged 30. yeares or thereabout. 1665
Apr. 4
6. Saith, I being at peter Disbroes, & mT. Thomas Reuell Recorded
being there present, I heard m' Revell say hee was buying
654 Province of New York
Deeds a parcell of Land of the Indyans of the West side of Mam-
(Sec! sute) maranock River to mr. Pells land & I wish't him not to
medle with it, for it was already bought by m? Richbell, &
I was a wittnesse to it, I see a part of the moneys payd for
Recorded it by m* Richbell, MT. Revell made this answer to mee, that
/I7 howsoever hee would buy it, & MT Ritchbell & hee would try
for it afterwards : ffarther this Deponent saith not.
Given in upon Oath before mee, Stamford Apr. 4- 1665
Rich: Lawes.
Taken out of the Records & compared there with this
23? of August 1665
^ me John Allyn Recorder.
[John Richbell's Patent at Mamaroneck.] »
1:33
(Sec. State) Francis Lovelace Esqr Whereas there is a Certain parcell
1668 or tract of Land within this Gover[n]ment upon :he Main
ct* * Contained in three Necks of which the Eastermost is bounded
with a Small river commonly Called Mamaroneck river being
also the East bounds or limits of this Gover[n]ment upon the
Maine & the westermost with the Gravelly or Stony brook or
river which makes the East Limitts of the Land Known by
the Name of Mr Pells purchase haveing to the South the
Sound and running northward from the Marked trees upon
the Said Necks twenty Miles into the woods which Said
parcell or Tract of Land hath been heretofore Lawfully
purchased of the Indian proprietors by John Richbell of
Mamaroneck Gent in whose possession Now it is and
his title thereto Sufficiently proved both at Several Courts
of Sessions as also at the General Court of assizes Now
for a Confirmation unto him the said John Richbell in
1 On the confirmation see also Deeds, vol. 4, p. 27.
Collateral and Illustrative Documents 655
his possession & Injoyment of the premisses Know ye
that by vertue of the Commission and Authority unto me x : 33
• (Sec State)
Given by his royal Highness I have Given Ratified &
Confirmed & Granted and by these presents do give 1668
ratifie Confirm and Grant unto the Said John Richbell his x<
heirs and assigns all the aforementioned parcell or tract of
land as aforesaid Together with all woods beaches Marshes
pastures Creeks Waters lakes fishing Hawking hunting and
fowling and all other profits Commodities and Emoluments
to the Land parcel! or Tract of Land belonging Annexed
& appertaining with their & Every of their appurtenances
and of Every part & parceell thereof and in regard of the
distance of the plantations already Settled or to be Settled
upon the said necks of land from any Town the persons
inhabiting or that Shall Inhabit thereupon Shall have a
petty Constable Chosen amongst themselves yearly for the
preservation of the peace & Dicision of Small differences
under the value of fourty Shillings and they Shall be Excused
from all Common attendance at Trainings or other ordinary
duties at Westchester But in Matters of assessment & Pub-
lick rates they are to be Taxed by the officers of that Town
to the which they properly belong being the nearest unto
them To have and to hold the Said parcell and tract of
Land in the Said three Neecks Contained and premisses
with all and Singular the priveledges & appurtenances to
the Said John Richbell his heirs and assigns to the proper
use and behoof of the Said John Richbell his heirs & assigns
forever as free land of Inheritance rendring and paying as
a quit rent yearly and Every year the value of Eight bushels
of Winter Wheat upon the five and twentieth day of March
if demanded unto his royal highness and his heirs or to Such
Governour or Governours as Shall from time to time be
appointed & Sett over them Given Under My hand & Seal
656 Province of New York
Land at ffort James in Newyork on Manathans Island the Six-
i : 33 teenth day of October in the twentieth Year of the Reign of
(Sec. State) Soveraign Lord Charles the Second by the Grace of
1668 God of England Scotland ffrance & Ireland King Defender
°ct l6 of the faith &c Annocp Domin[i] 1668
Francis Lovelace
Recorded by order of the Governour the Day and year
above written
Endorsed: Copy of John Richbells
Patent from
Governour Lovelace
17 [sic] Octf 1668
C. A. A speciall warr* for hearing at y* Assizes l
(BYSL)
Whereas John Richbell of Momoronock hath made Com-
Sept. 13 plaint unto me That you Thomas Pell of Anne Hooks neck
Doe unjustly detaine & keep from him a certaine parcell of
meadowe Ground lyeing & being neare unto or upon one
of y? three necks of Land at Momoronock, And he y? said
John Richbell hauing Peticoned me That the Title & clayme
on each parte may be heard & determyned at y" Assizes,
These are in his Ma*ies name to require you to appeare at
this next Genr" Court of Assizes to be held in this Citty
beginning on y" first Wednesday in y? month of October next,
Then & there to make Answer to y" Complaint of y? said
John Richbell, upon y? Tryall of your Title to y" said mead-
owe Hereof you are not to fayle at your perill, Given und'
my hand & scale at ffort James in Newe Yorke this I3*h day
1 For an order of same date, see Orders, Warrants, Letters, vol. 2, p. 534;
also an earlier reference to the dispute in ibid, p. 334 (February 17, 1668/9).
Collateral and Illustrative Documents 657
of September in y? 2l'h yeare of his Ma'ies Raigne Annocp C-A-
Domini 1669. (HYSL)
[Francis Lovelace.]
To Mr Thomas Pell at sSO9**
Anne Hooks neck or elsewhere.
A Speciall Warr^ for Jeremy Cannon, als G. E.
Dorman, James Mott, Roger Pedley to (ifYSL)
appeare at y* Assizes to answer Mr Pell
in a Case of Trespas.
Whereas Mr John Pell of y' Mannor of Anne-Hooks Neck
hath made Complaint unto mee that Jeremy Cannons ats
Dorman, James Mott, Roger Pedley, & James [blank] a
Serv1 belonging to Mr John Richbell of Momoronock, have
together or apart at severall times comitted a Great Tres-
pass, in carrying away severall parcells of Hay made up in
Stack upon his Land, & there being one Stack of Hay
lately burnt upon y" said Land, of wch there is great suspirion
one or more of the persons aforemen coned are guilty; These
are in his Maties Name to require ye said Jeremy Cannon
als Dorman, James Mott, Roger Pedley and James [blank]
Mr Richbells Servant as aforesaid, That they make their
Appearance at ye next Gen" Court of Assizes to be held in
this City beginning on y* first Wednesday in October next,
wch will be on ye fourth day of ye said Month, then and there
to make Answer to ye Complaint of Mr John Pell in ye Matters
aforesaid, & that they forbeare ye giveing ye said Mr Pell any
Molestacon by carrying away any more Hay from y] said
Land untill ye difference between him & Mr Richbell about
their Title be decided. Hereof They nor any of them are
not to faile as they will Answer the Contrary at their Perills.
Given under my Hand & Scale at Forte James in New Yorke
[42]
658 Province of New York
G;E- this 22th day of September in ye 23* yeare of his Ma*ie
(NYSL) Reigne, AnnoqJ Dm 1671.
Fran: Lovelace
1671
a TQ jacob young of Ann-Hooks Neck,
or any other person whom Mr Pell shall
Employ upon this Occasion to see this
Speciall Warrant served, & returne made
thereof at ye Assizes.
G. E. Commission" appointed to View ye Bounds
(HYSL) in difference between Mr Pell, & Mr
Richbell
1671 Whereas It was ordered at ye late Gen?11 Court of Assizes,
Oct. 31
That some persons of good Judgm*. should bee appointed to
view ye Bounds in difference between Mr John Pell, & Mr
John Richbell, wch divide Anne-Hooks Neck and Momo-
ronock, of ye wch They are to make Reporte unto mee, To
ye end a Conclusion or Composure may be made about that
Matter, These are to desire and Authorize you Cap* Dudley
Lovelace, Cap* Jaques Cortelijau, Mr Elyas Doughty, Cap?
Richard Ponton, & Mr John Quinby who are ye Persons
that then were appointed by ye Court, that you some time
this prsent week, at a p'fixt day to be agreed upon amongst
yo'selves, repaire upon ye place, & there by yor view &
Enquiry of persons acquainted with those Bounds, receive ye
best Informacon you can, & make Reporte thereof, with
your Judgm* thereupon unto mee; ffor ye doeing of wch
This shall be your Warrant. Given under my Hand at
fforte James in New Yorke this 2 Ith day of October. 1671.
ffra: Lovelace
To ye Com0?8 appointed by
y* Court of Assizes.
Collateral and Illustrative Documents 659
An Ordr about M' Pell & Mr Richbell.
Whereas an Ordr issued forth at y* Last Gefir" Court of
Assizes, concerning a Matt? in difference between Mr John
Pell, & Mf, John Richbell on behalfe of some others who
were Sued as Trespassers, whose Cause Mr Richbell under-
tooke to Defend, They being employed by him, And accord-
ing to ye said Ordr Commission" haveing mett, & been upon
the place, & made Reporte of yw Judgm", but noe Con-
clusion or Agreem* of y* Difference hath yet been attained
unto, Soe that Suite is made to have a Tryall of their Tide
at a Speciall Court of Assizes, as was Ordered at ye Court
aforemenconed. In Prosecucon of ye said Ordr of Assizes,
since all wayes of an amicable Composure have proved
fruitless, I have thought fitt to Ordr & Appoint That Tues-
day y* 6th day of (February next shall bee the Day of Meet-
ing of ye said Co" to heare & Determine y* Matter in Dif-
ference between ye said Persons at the State-House in this
City. In y* meane time they may on both sides prepare
themselves for a Tryall. Given under my Hand at ffbrte
James &c: this l6th day of Jan*7. 1671.
[Francis Lovelace.]
An Ordr about Mr Pell, & Mr Richbell. 0;
Whereas an Ordr issued forth at ye Last Gefiru Court of l67I/a
Assizes concerning a Matter in difference between Mr John I"0- l8
Pell, & Mr John Richbell on behalfe of some others who
was sued as Trespassers, whose Cause Mr Richbell under-
tooke to Defend, both of them laying Clayme to ye same
piece of Land, whereupon Complaint was made that Tres-
passe had been committed, And according to y* said Order
Comission™ haveing mett, & been upon y* Place, but noe
66o
Province of New York
LxviJ
G. E.
1671/2
Jan. 18
Conclusion or Agreem* was made by them, nor amongst
themselves, soe that they sue to have a Tryall at a Speciall
Court of Assize as was ordered at the Court aforemen coned;
In prosecution of ye said Order of Assizes, and at ye Request
of the Partyes, I have thought fitt by Consent to Order and
appoint That Thursday the first day of (February next shall
bee the Day of Meeting of ye said Court to heare and deter-
mine the Matter in difference between ye said Persons at ye
State-house in this City; In ye meane time They may on
both sides prepare themselves for a Tryall by a Jury or
the Bench. Given under my Hand at ffbrte James in New
Yorke this i8th day of January. 1671.
[Francis Lovelace.]
A Sub-poena was then sent forth to Summon Mr Robert
Pennoyer of Momoronock, & Mr John Archer of ffordham
to give in their Evidence at ye said Court, concerning the
difference between Mr Pell, & Mr Richbell. &c.
G.E.
1671/2
Jan. 18
Another Ord' about ye difference
betwixt Mr Pell & Mr Richbell.
The Reporte of ye Commission" appointed by ye Co?*
of Assizes to View the Bounds in difference between M'
John Richbell & Mr John Pells Land haveing been delivered
unto mee Sealed up, & now opened and read before mee &
my Councell, Vpon perusall & Consideracon had hereupon,
I finde that two of the Commission" have made Reporte,
That between ye two Brooks in Dispute called Stoney &
Gravelly Brooks there is a Tree markt on ye East side with
J. R. & on the West with T. P. from the which if there were
a Line runn directly downe to the Sound, it would divide
ye Meadow in difference in the middle, & putt an End to
ye Matter in question, but neither of the other three Com-
Collateral and Illustrative Documents 661
mission?8 agree amongst themselves as to their Opinions ^.E.
of the Bounds. Wherfore in regard that I am very desireous (nYSL)
an amicable Composure of this Difference may bee made ^1/a
between both partyes, I doe recommend the Reporte of the Jan. 18
two Commission^ to bee Observed as a Medium to end
all Differences. However if either Party shall not seem
satisfyed therewith, They have still Liberty to proceed to
a Tryall before a Speciall Court according to ye Order of ye
Last Gen?1 Court of Assizes. Of their Resolucons here-
upon a speedy Answer is expected, That Order may bee
taken accordingly. Given under my Hand at Forte James
in New Yorke this i8th day of January. 1671.
[Francis Lovelace.]
Another Ordr about Mr Pell & M!
Richbell made after their Agreem*
or Composure.
Whereas there is an Amicable Composure made of ye
difference between Mr John Richbell & Mr John Pell con-
cerning the Neck of Land lyeing between Stoney & Gravelly
Brooke to the Eastward of Anne-Hooks Necks, yewch is agreed
upon to bee divided equally between them, both Meadow &
Vpland, quantity & quality alike, wch Agreem* I very well
approve of; These are to require you that some time the
next week or wth your first Convenience you repaire hither,
where you shall receive farther Directions concerning the
laying out the said Neck of Land, soe to putt a finall End &
Determinacon to that Dispute, of wch at yo1. Returne you are
to render mee an Acco* & for soe doeing this shall bee yor
Warrant. Given &c: this 25th day of January 1671.
[Francis Lovelace.]
To Cap* Jaques Cortelijau
Surveyo' Gen'n
662 Province of New York [LXVUI]
No. LXVIII.
NEW YORK AND MASSACHUSETTS BOUNDARIES.
from ye Governo* & Councell of ye Massa-
(HYSL) -chusetts to his Hono' Coll : ffrancis Lovelace.
saiute yOU kindely. Our Allegiance to our Gracious
Soveraigne, yours & our Safety, together wth our just right
to that part of ye Countrey, to ye Northward of his Highness
the Duke of Yorkes Territoryes beyound New Yorke,
requires that wee endeavour Settlem* on that side of our
Colony nigh Hudsons River, least through our neglect
thereof, the ffirench settling in our Libertyes draw upon us
his Ma".8" Displeasure, & our Loss & extream prjudice,
wch wee are carefull to avoid. S' wee feare your not likeing
well of our Endeavo" herein; Wee doe therefore request
that {Favour that you will bee pleased for our Accomodacon
in that behalfe to permitt that some person or persons whom
yorselfe may think fitt for Mr Jn? Payne to make choice of,
for their Travailes & Knowledge of that part of ye Countrey
& Wilderness, wtbin our Libertyes, may for his reasonable
satisfaction make Discovery to him of such Place wthin
our Rights as may bee most encouraging for settlem*;
And that you will likewise bee pleased to signify to us yor
kinde Admittance, that wee as yor Neighbo™ & Subjects of
one Gracious Soveraigne may have free Egress, & Regress
upon Hudsons River forTransportaconof People and Goods;
wch will much ease our Charges therein, & yo^ kinde Returnes
by our Messenger whom wee have trusted & employed in
[LXVIII]
Collateral and Illustrative Documents
663
1671/2
M«. 12
this Affayre shall engage all amicable and like assistance G- ?•
wherein wee may serve his R : Highness & yo'selfe. (HYSL)
& remaine.
S? Yo? Hono™ humble Serv?'
Edw: Rawson Seer.
In ye Name & by OrdT of y* Governor
& Councell.
Boston in N: England
ye I2*h Mar: 1672.'
[John Paine to Lovelace for Massachusetts.]
To the Righ? Hono-le Frances Lovelace Esq? Govf
Jn"? Paine in persuance of the Matathusets desires offers to
y?r honor and Counsel's Consideration.
That wee conseive
to deny yor Neighbors the kings true Subjects ther priveledg*
of ffree Passage vpp his Majes* Riuor for the Settlem* of
Plantations within the Limits of ther owne Patient Rights,
In ordr to the furd* jncreas of his Majes* good Subjects, the
defens" of those alredye Setdeed (together w*h yor Selues allso)
from the Intrusions of a fforrain Nation cannot consis' with
that Jusds, Reason and Natvrall Loue which wee doubt not,
you may be said not only to haue butt to Owe to all his
Majes* good Subjects, more Spetially to thos? whose Real-
lity" & Redines to assis' you hath been well experienced in
the Reduceing" this verrie Cittie, his Highness the Duke is
now Master off. ffurder considering each others true ffreind-
ship & Loveing Aide In thes times of Comotion of the Nations
may be as Requisite and more wellcom then before. One
thing more wee offer, that when yo? honr & Counsell con-
1 The year in this case is 1671/2, not 1672/3, as might be inferred.
Col. MSS.
22:137
(IfYSL)
1672
664 Province of New York
mattayhusets Proposalls, and thout it Reasonable
(NYSL) to Grant yor keind assistance for o? discoverie, it was then
l672 Granted for or jncoredgef * that or Charges & Travils in that
[May ?] behalf shoold not bee {Frustrate In case wee proueed Succes-
full jn a discoverie within the mattathusetts Line to the Eas*
of Hudsons Rivor, which is Don. Now the mattathusetts
true jntents herein Js the jmprouem* of ther owne Rights
Only, the jncreas off Plantations, and his majes* Subjects,
and ther defense against the jnvations or jntrutions of a
fforrain Nation and no vnkeind or Pollitick deuise to Expand
ther Line Or Possesions vppon anie part of his Highnes ye
Dukes Jus* Rights.
Wee therfore desire you will Pleas, as our assurance of
yoT like affection and keind Corrispondance, to be Possitiue
in determining8 in the affirmatiue y* wee haue our fFree
Passag? And to Ceas all missapprehentions, If you shall
think ffitt to grant or desires with that Restriction y* wee
Settle no Plantation on the wes*w"? Side of Hudsons Riuor
vntil the dissisiue Pattent Lines between his highnes ye Duke
& ye Mattathusets Bee ffairely Runn wee shall therto mani-
fest o' ffaire Complyance and keind acceptance and Remain
Yor Honor" humble Servu
Endorsed: [Not signed]
Mr John Paines
addresse to the Cover-
no? touching the
Massachusetts &c
1672.
G- E. The Governor Answer to y" Letter of the
(HYSL) Massachusetts, by Mr Paine Aug: 8th 1672.
Sr
Al6738 I receiv'd yoT. Lett? of ye I2?h of March 1672. by the
hands of Mr Jn? Paine, a Person very fitt for such an Vnder-
Collateral and Illustrative Documents 665
taking you designed him, being of a temper Active & of a ®' 5»
singular good Comportment, & haveing perus'd the Contents (HYSL)
of it, I found it noe Difficulty in mee to comply wth your ,
Desires, where I saw it did not oppose the Current of my Aug. 8
Royall Masters Interest; I must confess those generous
Cogitacons of yours to enlarge yo? Territoryes, might doubt-
less have mett with more satisfaction, both to yor Selves, &
all other Neighbouring Colonyes, wch bound on yo™, if these
Resolucons of yours had been started, when his Sacred
Matie who wisely foreseeing y* Inconveniencyes that might
arise by ye uncertainty of Bounduaryes, happening from
erronious Principles, as Variacon of Compasses, & other
Obscuryties, traced by immaginary Lines, where though
the Error at the first setting forth may appeare but incon-
siderable, yet by ye vast extension of it; will at length termi-
nate into a palpable Encroachment, if then I say this Designe
of yo" had been revealed when his Ma*ie out of his Princely
& Paternall regard to these his American Dominions, was at
that large Expence to comissionate Persons of known Integ-
rity to make Inspection into severall publick affayres;
Amongst other things, this in particular was recommended
to their consideracons, t'is more then probable a positive
Determinacon would have ensued, & freed us from all
future Doubts & Jealousyes, by affixing such Stations to
each Lymitts as might have assured each Colonyes their
undoubted Rights and possessions. But I waveing any
Expostulation that concern'd the time before I had y' Hono*
to assume this Charge of my Royall Master, I am now only
to assure you how ready I was & shall bee to comply wth each
Desire of yor Letter; How amicably I receiv'd yor Mes-
senger, (in wch I had regard to yoTselves as well as to his own
merritt) I leave to his Candor & Justice to informe you, &
because wth those I desire to converse wth by all mutuall
666
Province of New York
G.E.
4:178
(NYSL)
1672
Aug. 8
{Friendship & Correspondency, my Nature is to deale frankly
& openly wth them, I am to informe you that haveing a fitt
Opportunity to signify these Resolutions of yo™ to my Royall
Master, I have transmitted them thither, hoping before you
will be ready to putt this your Affayre into practice (the
unhospitableness of the yeare approaching) I may bee fur-
nisht wth such Directions from him as may bee both agree-
able to your Desires, & free mee from the Imputation of
Precipitateness in too positively determining an AfFayre of
that Weight, without his Privity.
For the other part of your Letter concerning y* fFrench
your ffeares may be cured now, by the strict Vnion that is
betwixt the two Crowns. S* If in this or any other civill
AfFayre, I may anywayes bee advantagious to you, prepare
but your Directions, and I shall soe comply wth them as one
that desires to bee known by the Compellation of
N: Yorke. Augf*
f 8<h 1672.
YO? very humble Servant
Fran: Louelace.
No. LXVIII (a) .
MASPETH KILLS — CONFIRMATION OF LAND
TO HENDRICK JANSEN.
Patents
3:106
(Sec. State)
1672
May 20
A Confirmacon Granted unto Hendrick Jansen for a
parcell of Land upon Long Island at Mashpeth
Kills.
Francis Lovelace Esq! &c Whereas ye Surveyor Gen3!1
M' Jaques Cortelijau did heretofore by OrdT of ye Dutch
Collateral and Illustrative Documents 667
Governour Petrus Stuyvesant Survey & lay out for Hendrick P»t«n*«
Jansen a certaine parcell of Land upon Long Island in (Sec. State)
Meshpath Kills within the Jurisdiction of Newtowne lyeing
& being on the North-East side of (Francois Hendrickse, May ao
and on the South-West side of Jan Hendrickse, stretch-
ing on either side upon a North-West Line, conteyn-
ing in Breadth ffourty Rodd, & in length one hundred &
seaventy Rodd, In biggnesse about two & twenty Acres or
Eleven Margen & two hundred Rodd; Together wth a piece
of Salt Marsh or Valley between Gijsbert Elberts & Jan
Hendricks of about two Acres or one Margen; as also a Lott
of Land between Joris de Capres & Jan Hendricks in Breadth
ten Rodd & in length from the High-Way to the Meadow or
Valley. All which the said Hendrick Jansen hath for severall
years been in Possession of & hath Planted and manured the
same. Now for a Confirmation unto him the said Hendrick
Jansen in his Possession & Enjoym* of the Premisses &c: —
The Patent Dated May 2o'.h 1672.
No. LXIX.
SCHENECTADY — DISPUTE AMONG THE
TAPPERS.
Lycence for Cornell js Cornell jssen Vielen of Schanechtide °- £•
to tapp Strong Beer & Liquo" there &c: 1CYSL)
Whereas Cornelijs Cornell jssen Vielen of Schanectide 1671/2
haveing made his Address to ye Commissaryes at Albany,
desireing hee may have Liberty to tapp Strong Beer &
Liquo", & to keep an Ordinary, in recompence of severall
Services done by him between them & ye Maques, the wch
668 Province of New York
G. E. They have recommended to mee for my approbacon, But in
(HYSL) regard there is a Person already there, (by name Aques
Cornelijssen Gantsh an Indyan that doth ye same by Lycence
Jan. 9 & Appointm' of my Predecessor Colt: Richard Nicolls
would give noe Determinacon therein; And it being likewise
represented thet y" said Aques hath not sufficient Accomo-
dacon for Strangre, wch ye said Cornelijs Cornelijsen Vielen
doth promise to be well provided off for ye reliefe of Strong™,
& Travellors. Vpon Consideracon had hereupon I have
thought fitt to Graunt ye Request of ye said Cornelijs Cor-
nelijssen Vielen, & by these p'sents doe give him free Lycence
& Lyberty to tap or sell by Retayle Strong Beere or Liquo'9
to Strang" & Travellers at Schanechtide; wth this Provisoe,
That this Lycence now granted shall not take away ye
priveledge of ye former Lycence given by my Predecesso'
to Aques; And that ye said Cornelijs Cornelijssen doe keep
fitting Accommodacon for Men and Horses, but doe not
prsume to Sell any Strong Liquor? to ye Indyans to cause any
disturbance that way under ye penalty of forfeiting this
Lycence, & paying such ffine as ye Law shall require.
Given under my Hand at fforte James in New Yorke this
9th day of January. 1671.
Fran: Louelace
O- E. An Ord' about ye Tapp™ at Schanechtide.
<&&)
Whereas I am given to understand that some Dispute and
1672 Difference hath arisen between Cornelis Cornelijssen Vielen
& Jaques Cornelijs about their keeping Ordinaryes or Tap-
ping at Schanectide, for the wch the one had Lycence from
my Predecessor Coll : Nicolls, and the other from my selfe,
yet soe as that the one should not any way molest or hinder
the other; Vpon Consideracon had thereupon, I have thought
fitt for ye present to Ordr that Matt" between them shall
Collateral and Illustrative Documents 669
remaine as heretofore, that is to say that both of them have °; E-
Lycence to tapp without molesting ye one ye other, soe that (RYSL)
they regulate themselves according to y* Customes & Lawes
in such Cases provided, & suffer noe Disorder thereby. May 6
Given under my Hand at Forte James in N: Yorke this 6'h
day of May 1672.
[Francis Lovelace.]
No. LXX.
DELAWARE — ENCROACHMENTS FROM MARY-
LAND, NEWCASTLE ERECTED INTO A
BAILIWICK, FORTIFICATIONS, WHORE-
KILL AFFAIRS, ETC.
[Certificate from the Whorekill about a Surveyor sent Col. MSS.
there from Maryland.] (NY!£)
27th of Aprill 1672
This morning appeared before vs Harman Cornelius and Ax67a
John Kipshaven who informe that a certaine pson by name
Mr Jenkins who came into the Hoerkill and there surveyed
severall lands in the bay & prtended Comission from the
Lord Baltemore threatning the Inhitants that denyeth his
power that they shall be sent far into Marylande, there to be
punished whether he has Comission or noe is vncertayne
these wee thought fitt to acquaint yor honor wtb to wayte yor
hono" further order —
Witt Tom
piete alrichs
Waltr Wharton
Ed: Cantwell
670 Province of New York
"5s- Endorsed:
(KYSL) A Certificate from
i6 the Whore Kill, about
Apr. 37 a Surveyo' sent there
from Mary land.
1672
Col. MSS. At a Councell held at Forte James
(inrf2) in New Yorke. May the 17th.
1672.
1672 Severall Matt™ being taken into Consideracon relating to
y* Government, & other AfFayres at Delaware, It was Ordered
as followes. Viz*
That for ye better Governm* of ye Towne of New Castle
for the future, the said Towne shall bee Erected into a Cor-
pora con, by the Name of a Baylywick, That is to say, It
shall bee Governed by a Baily & six Assistants, to bee at
first nominated by the Governour, & at ye Expiracon of a
yeare foure of the six to goe out, & foure others to bee chosen
in their Places, The Baily to continue for a yeare, & then
two to bee named to succeed, out of whom ye Governo*
will elect one; Hee is to preside in all ye Co'ts of the Towne,
& to have a double Vote; A Constable is likewise annually
to bee chosen by ye Bench.
The Towne Court shall have Power to try all Causes of
Debt or Damage to the Vallue of ten pounds without
Appeale.
That y* English Lawes according to the Desire of the
Inhabitants, bee Establisht both in ye Towne, & all Planta-
tions upon Delaware River.
That the Office of Schout bee converted into a SherifFalty,
& ye High Sherriffs power extend both in the Corpora con &
Collateral and Illustrative Documents 671
River, & that hee bee annually chosen by two being p'sented C*1- Mss-
to the Governo', of whom hee will nominate & confirme one. (UYSL)
As to ye Clause given in by the Offic" and Magistrates ,
there, about having a free Trade without being obliged to May 17
make Entry here, but that it may bee done there, paying his
Ma"" Customes & Dutyes; It is thought fitt that the Deter-
minacon thereof bee for the p'sent suspended untill Direc-
tions bee sent about it out of England, or some farther Con-
sideracon had thereupon here.
And for y* Matter of the Whore-Kill brought by Cap?
Carr certifying that some person from Mary-land pretend
Interest there, & seat themselves without Leave, The Offic™
are to take care that his Ma"" & his Royall Highness Interest
there bee not infringed, and that they submit themselves
to nor acknowledge any other Governm1, unless they have
Order to doe the same from the Governour here.
By Ordr of the
Governo* & Councell.
[Richard Perrot to Lovelace. Seeking Patents of Land at Col. MSS.
Delaware, for Settlement near the Whorekill.] 20:36
May it plese youre Honer
In May Last my selfe with sume other Gentelmen of 167*
. . . June ai
vergeney Came over to delieware to see the plase and Liking
the plase wee made Choise of severall tractes of Land for
our selfes and nabores and had made bolde to Haue given
youre Honer A visitt had not one of our Companey falen
ill so that wee implied Mr waiter wharten ffor to paten our
Land: now may it plese youre Honer About tenn dayes
before I Came to seete the Marelande men Haue sarvaed it
agane in the Lordes name I much fere it will disherten the
Rest of the gentelmen from Cuming vp at the falle and sever-
672 Province of New York
.T, all more of our nabores that would Cume vp at the fale of
(HlSL) r
30:36 the lefe very Honest men and good House Keepers they
desired me to take them vp sum land which I am doutfull
1673 r
June ax to doue vnlesse youre Honer will bee plesed to giue me
permishon for it: I dout not but to se the plase well seted
in tow or three yeares at the [faded] and A trade from
London the plase is good and Helthffull] and wanteth
nothing but peple I was in good Hopes I should haue had
the Hapines to haue got vp before your[e] Honer left deliware
but my hopes was in vaine I Hope youre honer will bee
plesed to honer mee with A line or two whoe is youre faith-
full and Obedient servant vnknone
Richard: Perrot
ffrom the Horkill
June the 21 : 1672
If youre Honer plese to grant vs all the Land to vs ver-
genianes that lieth betwene the Horekill and the mothjer]
kill wee shall take spedey Care for the seating of it as may
bee Expe[c]ted at so great A distance when Layed out
acording to menes familise what good Land there maye bee
found in the distance I know not at present wee Have A
desire to be neare together as the plase will aforde In
Agust I intend [to go] to vergeney for sum Occasione of
bisnes and send vp my sonn
R: P:
Addressed :
These
ffor the Honered
ffransis Loulis Esqr
Governer and Captane Endorsed:
generall of nue Mr Perrot
yorke p with Whorekill —
Care June. 21, 1672
Collateral and Illustrative Documents 673
Proposalls from Cap' Edmond Cantwell to C01- MSS-
20: 29
his Hono? ye Governor on ye behalfe of (NYSL)
himselfe, & the rest of his Neighbo™ y"
Inhabitants at Delaware.
1. That his Honor would please to give his Instructions
about the finishing ye Blockhouse in Delaware, wch standeth
still in that posture his Hono' left it; It is high rime that
some speedy Order bee taken therein, in regard not only of
the Troubles now likely to ensue from the Warrs in Europe,
but that what is already expended thereupon will bee as
good as thrown away by reason as it is now, it only stands &
rotts; It is humbly conceived that the most effectuall means
to bee used for y" Accomplishment will bee by a Gen?11 Tax
to bee imposed both upon Towne & River.
2. That his Honor would please to make some Order for
the restrayning of Persons to goe amongst the Indyans wth
Liquo" & Drink to sell, whereby great Mischiefe doth
frequently arise; there being diverse of late that leaving
their own Homes have taken what quanrityes of Drink
(& other Trade) they pleasd, & gone a hundred or two of
Miles to the Indyans Plantations, & there (for a little
proffitt) selling what that had to the Indyans, great Vproars
and Disturbances have arisen, insoemuch as the Christians
living near them have been putt into great ffrights, & unless
great Wisdome had prevented, tis believed that Murder had
many times been committed by ye Salvages meerly through
that Occasion; It were very necessary that this Abuse were
regulated.
3. That his Hono* would please to nominate some
Person or other to receive the Quit Rents there, there being
diverse persons who pretend they are ready to pay them if
they knew to whom.
[431
674 Province of New York ["Ik]
Col. MSS. ^ And that in regard there hath been great Comp1'5
(NYSL) from Maryland (about Servants runn[ing] away from thence,
r 6 -i who pass thorough New Castl[e] that the Inhabitants of
LJuly ?J New Castle doe rather help to convey them away then stop
them, & soe are accused as being instrumentall to their
Escape, It were necessary some Order were made as to that
particular; Empowering some Person at New Castle to
grant Passes or Ticketts to People that pass to & againe in
those parts (wch person is to question & examine them) &
also laying a ffine upon those who shall bee found to convey
away such Persons as are Runn-awayes.
Whereas ye Proposalls hereunto annexed
(NYSL) were presented unto mee by Cap*
Edmond Cantwell I have thought good
to give this Result thereupon, together
wth the following Ord" concerning the
Regulation of Affayres in Delaware.
1672 In Answer to ye first Proposall about the New Block
house at New Castle in Delaware; Since my former Ord"
concerning ye finishing thereof have been noe better observed,
I doe once more enjoyne them ye compleating of it, before
the first day of November next, & that under the penalty of
one thousand guild" Seaw' in case of Default; As to ye way
of raising a Tax or Contribucon for the Effecting thereof,
It shall bee left to the Discretion of the Officers there either
to raise it by the way proposed, or any other they shall
judge most convenient.
To ye second concerning ye great Abuse in selling strong
Liquo^3 to the Indyans, I doe hereby Order, & strictly
enjoyne the Magistrates & Officers at New Castle & other
Collateral and Illustrative Documents 675
parts in Delaware River to cause the Lawes & Ord" here- Co1- MS&
tofore made on that behalfe to bee more carefully & severely (inrs3L)
putt in Execucon for the future to prevent such Danger &
ill Consequences as otherwise might thereby ensue. August
3. As to ye third, That a Person bee nominated to receive
the Quit-Rents in Delaware River, I have thought fitt to
Order & Appoint Cap1 Edmond Cantwell, who is to bee the
prsent High Sheriff, to bee Receiver & Collector of the said
Quitt-Rents, for the wch hee shall have my Authentick Com-
mission, & for his Trouble & paines therein, hee shall have
a reasonable Allowance.
4. And as to ye fourth about the Runn-away Servants
that frequently pass through Delaware either in coming from
or goeing into Maryland & Virginia, It is ordered that noe
Person or Persons, but such as have Passes and Certificates,
or can give a good Acco* of their Travailes towards these
parts, or goeing from hence, shall bee permitted to travaile,
but shall bee apprehended, & kept in safe Custody, untill
it bee made known what they are, & to whom they doe
belong; The Care hereof is to bee committed to ye Bayliff of
New Castle, & ye High Sheriffe, who are to Act joyntly
herein, both as to the Examining of their Ticketts or
Passes, and likewise to give Ticketts to such as shall
have Occasion thereof; And noe person is to presume
privily to conceale or convey away any such Servant, but
if hee bee acquainted therewth, that hee give Notice of any
such Runaway unto the Magistrates or Officers under the
penalty of [blank].
It is likewise Ordered, That Cap' Jn? Carr, y* present
Bayliff, & High-Sherriffe, Mr W™ Tom, & Mr Hans Block,
or any three of them have Inspection into ye Arreares of
the Quitt-Rents, the nines about the Long ffinn, as also the
Taxes & Rates for the keeping the High & low Courts in
6y6
Province of New York
1672
August
Col. MSS. New Castle & Delaware River, & all other publick Rates and
(HYSL) Taxes, to make Enquiry how & where they have been dis-
posed of, or in whose hands they are, and where any per-
sons are in Arreare to levy the same by Distress; Of all
which they are to render mee an Exact & speedy Acco* that
all Abuses therein may bee regulated.
Whereas his Ma*ie hath been pleased to give Order that
his Declaracon of Warr against the States Gen?11 of the
Vnited Belgick Provinces, should bee proclaimed in all his
Colonyes & Territoryes, It is ordered That forthwith after
y* Arrivall of Cap* Edmond Cantwell at New-Castle the
said Declaracon is publickly to bee read there, & also at
the Whore-Kill as soon as Opportunity shall prsent to send
from thence thither.
That the great Gunns bee wth all convenient speed sent
up to the Block-houses in Delaware River according to my
former OidT, And that the greatest bee disposed of accord-
ing to the distance of the Places.
As to ye Determinacon of ye Busyness between Foppe
Outhout & Isaack Tyne wch soe long hath been in Dispute,
That the Ordrs made by the Co?* at New Castle concerning
the same bee inspected & examined into by ye prsent Bay-
liff & Assistants in ye prsence of Cap* Carr & Mr Tom, or
one of them, who together are to make a finall result there-
upon, there having been some Misinformacon heretofore given
unto mee, as to that particular Affayre, wcb is the Occasion
of it's being now called in question.
And Lastly, It is to bee taken notice of, That although there
is an Alteration as to the Offic" & holding of Courts at New-
Castle, yet this doth noe way intrench upon the Priveledges
of the High Court for the Towne & River, wch is to con-
tinue in the same manner it did formerly without any Moles-
tation or Interruption upon this or the like Accompt.
Collateral and Illustrative Documents 677
Given under my hand at Forte James in New Yorke this
[blank] day of August in the 24th yeare of his Ma"?' Reigne, (HYSL)
Annoq} Domini 1672. l6?3
[Francis Lovelace.] August
The Governo" choice of Offic" for ye Whore-Kill. G-^
(RYSL)
Vpon ye Returne of a double Number from ye Inhabitants
at the Whore- Kill in Delaware Bay for Schout & Comissaryes
I doe approve of Hermanus Fredrick Wiltbank to bee Schout,
& of Ottho Wolgast, William Claesen,& Isaack Savoy to bee
Comissaryes for the space of one yeare ensueing, after the
Expiration of which time they are to make a New Returne.
Given under my Hand at fforte James in New Yorke. Aug:
ye first 1672.
[Francis Lovelace.]
Commission for Mr Peter Alricks to bee G- E-
4 : 179
Bayliff at New Castle in Delaware. (HYSL)
Whereas Mr Peter Alricks is one of ye two Persons whose
* .
Names are returned unto mee, out of which to make choice
of one to bee Bayliffe of the Corpora con of New Castle in
Delaware River, Haveing conceived a good Opinion of ye
ffittness and Capacity of the said Peter Alricks to officiate
in that Employm', I have therefore nominated & appointed,
& by these Presents doe hereby Nominate & Appoint him
the said Peter Alricks to bee Bayliff, & Principall Civill
Magistrate at New Castle aforesaid for the yeare ensueing,
of the which all Persons concerned are to take Cognizance,
and to give him that respect and Obedience as is due to his
Office & Charge; And the said Peter Alricks is in all things
& matters relating to his Employment to bee Regulated by
678 Province of New York [fik]
G. E. ye Lawes of th{s Governm*, and such Instructions as already
(HYSL) have been given by mee and my Councell for ye Ordering of
2 Affayres in that Corporation, or such other Ordrs and Direc-
Aug. 2 tions, as from time to time hee shall receive from mee.
Given under my Hand and Scale at Forte James in New
Yorke this 2? day of August in ye 24th yeare of his Ma"*8
Reigne, Annocp Dm 1672.
[Francis Lovelace.]
To Philip Calvert EsqT Governed of
Mary-Land. August I2*h 1672.
Sr
I thought it had been impossible in these portending
boysterous times, wherein all true hearted Englishmen are
buckling on their Armo? to vindicate their Hono" & to
assert ye imperiall Interests of his Sacred Ma'ies Rights &
Dominions, that now (without any just ground either given
or p'tended) such horrid Outrages should bee committed on
his Ma*ies Leige [sic] Subjects, under ye protection of his
Royall Highness Authority, as was exerciz'd by one Jones,
who wth a Party as dissolute as himselfe took ye paines to
ride to ye Whore- Kill, where in Derision and Contempt of the
Dukes Authority bound ye Magistrates, and Inhabitants,
despitefully treated them, rifled, & plunder'd them of their
Goods; & when it was demanded by what Authority hee
Acted, answerd in noe other Language but a Cockt Pistoll
to his Breast, wch if it had spoke, had forever silenc'd him. I
doe not remember I have heard of a greater Outrage & Riott
cofnitted on his Ma^ies Subjects in America, but once before
in Maryland. S* you cannot but imagine his Royall High-
ness will not bee satisfyed wth these violent Proceedings, in
wch ye Indignity rebounds on him; Neither can you but
believe, It is as easy an Vndertaking for mee to retaliate
[LXX] Collateral and Illustrative Documents 679
the same Affront on Jones his Head & Accomplices as hee G- 1-
did to those indefencible Inhabitants; But I rather chuse to (NYSL)
have first a more calme Redress from you, (to whom I now
appeale) & from whom may in Justice expect that Right in Aug. ia
ye Castigation of Jones cum Socijs, that yo' Nature & the
Law has provided for; Otherwise I must apply myselfe to
such other Remedyes as the Exigence of this Indignity shall
perswade mee to. Thus leaving it to your Consideration, I
still remaine
Yor very humble Servant
Fr: Louelace.
Forte James in New Yorke
ye 12th day Aug: 1672.
fCarr to Lovelace. Whorekill and Maryland.! C°l- MSS-
Or 30:37
(HYSL)
According to your Honre order we sent thos[e] papers to
the Horekill by Mr Wharton where they found noe recep-
tion, I need not giue your Honr the resons, for your Honr
will find them in the papers inclosed taken by M' Wharton,
the number of men and horse that came to the Horekill was
but thirty, but they were sixty halfe way, where meeting Mr
Parrott going to Acamake and soe to Virginia and vnder-
standing by him there was noe other forces from your Honr
but the Inhabitants of the Horekill thirty Horse was sent
back to Maryland this Mr Parrott is a gentleman seated
near the Horekill by your Hon" Patant, the Horekill boat
is come heere with fower of the Inhabitants and desiers to
take a tract of land vp the River neare your Hon™ Land,
they say before they came from thence Harmanus and
Sanders was returned from S' Maries, who brings newes that
in Maryland they are Leviing a Considerable force to bring
this place and soe fare vp the River to the degree fforty
68o Province of New York [LNxk]
nortnerly vnder theyr obedience, we shall know more when
(HYSL) Cantwell returns with Answer of your Hon" Letter, which
i6y2 I shall dispatch to your Honr with all expedition, I haue not
Sept. 27 else but waite your Honre Comaunds, and Subscribe my
sealf as in duty bound Sr
Your Honrs most ffaithfull and obedient servant
John Carr
[Nejw Castle 27th
[Sejpt. 1672.
Addressed:
Thesse
ffor Generall fFrancis
Louelace
Hast post Hast New yorke.
John Carr
4-'m [Lovelace to Carr. Whorekill and Maryland.]
(HYSL)
Lett? to Cap* Carr.
Cap* Carr
^727 The Lett?5 you send by the Express over Land came safe
to my hands wth the enclosed Relacon & Papers concerning
the Whore Kill, & the Marylanders forcible possessing them-
selves of the Place, as also of the Goods & Estates of some
of the Inhabitants, of wch wee had some Rumors before, but
did not give much Credit to it, supposing what was done
before to bee the rash Action of some private Person, not
thinking the Authority of Maryland would invade his
Royall Highness Territoryes wch hee hath been possest of
for near 8 yeares wthout giving the least Overture of it to mee,
who am here his Royall Highness his Deputy. Their
former violent Action & fforce upon those poore unarmed
Collateral and Illustrative Documents 68 1
People, together wth the particulars of their Plunder, I had G- E-
immediate Opportunity of transmitting to his Royall High- (HYSL)
ness by a Ship then bound away for London, the wch I made
use of, & recommended their Case, & I hope it hath long Oct. 7
ere this arrived his Hands, soe that some Directions about
it may bee expected in a short time, till when I think it
best for the present to leave matt" there as they are; But as
to the Cloud wch likewise hangs over yor heads at Delaware,
wch its said they are making Preparacons to invade, My
Instructions & Orders to you & the Officers in Gen?11 are, that
you putt yo' selves into the best posture o f Defence possible
you can, by fitting up the ffbrt in the Towne, keeping yor
Companyes in Arms both there & up the River, who are
to provide themselves wth fitting Ammunicon, & that all
Souldyers bee at an houres Warning upon any Alarum or
Ord" given; That in the Towne especially you make yoT
Guard as strong as you can, & keep a strict Watch; And if
any Enemy comes to demand ye Place, That you first desire
to know their Authority & Commission, & how it comes to
pass those of Maryland should now make such an Invasion,
after soe long quiet possession of those parts by his Royall
Highness his Deputyes under his Maties Obedience, & by
other Nations before that, severall yeares before the Date of
the Lord Baltimores Patent, whom they never disturbd by
Armes, & whose right is now devolv'd upon the Duke.
Stand well upon your Guard & doe not beginn wth them,
but if they first break the peace by firing upon yor Guards
or any such hostile Action, then use all possible means to
defend yo' Selves and the Place, & command all his Ma1'.63
good Subjects to bee ayding & assisting to you, who I hope
will not bee wanting to their Abilityes; In all Matters of
Concerne you are to take Advice of the chiefe Officers there,
This will come to you by yor Bayliff Mr Peter Alricks, who
682 Province of New York
G- E- is hastening over Land to secure his Affayres there in this
(NYSL) portending Invasion, & to give his best help for ye Safeguard
of the Place, & his Royall Highness his Interest. Vpon all
Oct. 7 Occasions faile not to send an Express to mee, by whom
I shall give you such farther Directions & Assistance as will
bee requisite; & if occasion shall bee will come over my
selfe in Person though the Spring would bee more suitable
for mee then a Winter Voyage. Soe recommending all
things to your Care & Vigilance, of wch I expect a good Acco*
I Conclude being.
Yo? very Loving Friend
Fr: Louelace.
Forte James in N: Yorke
this 7th day of Octobr
1672.
C<>^- MSS. [Captain Edmond Cantwell to Lovelace. Whorekill Mat-
20:38 ters and Maryland.]
N Castle ye 10 of December 1672
1672 Right honrable Sr
Dec. 10
yor honor writts mr alrichs of my not wrifting] to yor
honor I had writt to Cap* nicolls att Large of what I
heard and saw att mfary] Land I thought Cap* nicolls
would haue Informed yor honor of all I heard so much that
my lorde thus intend for to keepe yc whore kill I saw Jones
power to seas ' all Indyan goods or skins att ye whore kill
and one Smith ye Juge of ye Cort att ye whore kill tould me
that my lorde baltemore gaue him order for to driue a 2Od
naill in ye touch hole of ye great gon and seas ye gone and
mill stones att ye whore kill his Comission was soe Large
as yor honor Can Imagen when I Came to s* marys Jones
1 The meaning is: " I saw Jones's power to seize," etc.
*v
* \t V\
'
S^ Wltf
Sri
<%
u ^
Q E 7
6Q|
i
o
< o
o
o
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[LXX]
Collateral and Illustrative Documents
683
went to ye gouernr and he writt upon ye back side of his
Comission that he would mantane his Comission I tould
them that itt was a folly for them for to striue aganst yor
hono" power and tould them If yor honor gaue but order
for to beat a drom all ye seruans would Com away from them
ye most part o[f] ye people thus fear that theire seruan[ts]
will run away from them all ye people w[ill] be glade
submitt them selues onder yor honor Gouerment and they
plaenly say that they will not Resist yor honore power nor
will haue noting to doe wth what my lorde has done
Cap* nicolls writts to me about derick smith goin up ye
Riuer I gott him for to goe for ye quit Rent ye wch he has
aboarde for to be sent to yor honor what he has not in I
shall thake Care for to send in ye spring nor derick smith
should not goe up ye Riuer If itt had not bene for ye quit
Rent wthout yor hono'3 order ye vessell is just going away
and I shall end and Remane
Yor honors
most faithfull seruant
To Comand
Ed : Cantwell
Addressed:
Endorsed:
(For ye Right honrable
Coll (Francis Louelace Esqr
Gouerno1" oflF all his
Royall highnesse Terotories
In Amerikae art
new yorke
psent
Delaware from Cap
Cantwell of the !Oth
of December 1672
20:38
1672
Dec. 10
684 Province of New York
No. LXXI.
LONG ISLAND — COMMISSIONERS FOR INDIAN
AFFAIRS.
Deeds A Commission graunted unto Captaine
(Sec. State) Thomas Topping, Mr William Wells and
others, to heare and determine differences
betweene Christians and Indyans.
1666 Whereas severall Complaints have been made unto mee,
of divers Trespasses and abuses done, and recd both by
English men and Indyans, living at the East end of Long
Island, for wch there is no Remedy in the Ordinary Course
of Law, but at ye Courts of Sessions or Assizes, wch may in
some regard bee too long a time, before reparacon can bee
made, or Satisfaction given for the same; These are to
Authorize and appoint you, Cap* Thomas Topping, one of
the Councell to ye Government under his Royall Highnesse
the Duke of Yorke, Mr William Wells high Sherriffe of
Yorksh upon Long Island, Mr John Mulford, one of ye
Justices of the Peace, Mr John Howell, and Mr Thomas
Baker to bee Commission1? for the well Manageing of all
Affaires betweene the English and Indyans, And you, or any
three of you, have hereby Power and Authority, as occasion
shall require, meet and enquire into, as also to heare and
determine any matt" in difference betweene the English and
Indyans, touching Trespasses1 or Damages, done by one to
the other, and to Order Satisfaction and Reparacon, as you
shall finde Cause; You are also to take care that the Agree-
ment made heretofore before mee, betweene the Townes of
1 Inadvertently written " Trespaspasses " in the original record.
Collateral and Illustrative Documents 685
Easthampton and Southton, and the Indyans bee duly Deeds
performed & observed ; You are likewise Empowred to (Sec. State)
Summon any Person or Persons offending, by Warrant to
appeare before you, wch if they shall refuse to Obey, you July xx
may impose a ffine or ffines on such Persons for their default,
And all Civill and Military Offic", are to bee aiding and
Assisting unto you, according to ye Tenor of such Warrants,
as they shall receive under any three of yor hands, And
lastly, You are hereby Authorized to make such Orders and
Constitutions, as you shall finde necessary and expedient for
the better regulating all matters and Affaires betweene the
English and Indyans of yor parts aforesaid, of wch you are
to give one Copy to ye Indyans, and remitt another to mee
for Confirmacon; And for what you shall do in the prosecu-
tion of this Commission, this shall bee unto you and every
of you, a Sufficient Warrant; Given under my hand and
Scale, at ffort James in New Yorke, the ll^ day of July
1666.
Rich? Nicolls.
Lre from ye Governo? to ye Com"™ for ye Indyan G; E-
Affayres at ye East end of Long-Island. (NYSL)
Gent.
I take hold of this Opportunity by y* hands of MT- Delavall Ax^o
to acquaint you of severall Complaints that have been
prferr'd to mee concerning yo* Administracon of Justice in
relation to ye Indyan Affayres many seem to groan under
yor heavy Hand, believing the Intention of that Commis-
sion you were invested wth will not extend to ye Determinacon
of severall Causes wch naturally appertaine to y* Sessions.
When that Commission was graunted to you by my Prede-
cessor, (& since allowed of by mee) it was in ye infancy of
time, before the Whal[e]fishing was in Practice, & then lookt
686 Province of New York
G- E- on as an Expedient to keep ye Indyans in some Order &
(HYSL) Decorum. But Multiplicity of Affayres dayly intervening,
by vertue of yoT- Commission you seem to extrude Causes
Apr. 20 properly determinate at ye Sessions, by wch means ye Inhab-
itants will believe themselves debarred from ye Ordinary
Establisht way of Administracon of Justice towards them.
You have now Justices of ye Peace sufficient to sitt in the
Courts; And therefore if Matt" were determined in those
Co"s of Sessions I believe it would give a generall satis-
faction to ye whole Countrey; but in regard I am soe great a
Stranger to this new Affayre, I shall determine Nothing at
this time positively, desireing I may Discourse it wth you at
Seatalcott, where I will bee (by ye help of God) on ye 8th
day of May. I cannot but take Notice that notwithstanding
I sent Ord" by Cap* Manning that you should forbeare to
ffine & Levy them till my farther Ord" were signifyed, you
notwithstanding proceeded therein; whereby you either
believ'd Cap*. Mannings Writeing not to bee my Sence,
or if mine of noe Validity. I have noe more at prsent,
but commit you to ye protection of ye Allmighty, & rest
Yor Loving Friend
Fran: Louelace
Forte James ye
20th of Aprill
1672.
G. E. Lre from ye Governo? to Cap* De-Lavall at
4 I 121
(NYSL) his goeing to ye East end of Long-Island.
Aprill ye 2Oth 1672.
Ax*7*0 Mr Delavall.
Yor Occasions calling you to ye East end of Long Island,
where probably you may meet wth or heare of some differ-
ences between Persons, relating to ye Government, or the
Collateral and Illustrative Documents 687
Administracon of Justice, I doe recommend it to you to
make such Enquiry thereinto as in yor prudence you shall (HYSL)
finde requisite, & that with the other Mattf8 concerning ^
Cap' Topping & the Comnr8 for ye Indyan Affayres you Apr. 20
give mee an Acco' at our Meeting at Seatalcott on ye 8th
day of May next; Soe I heartily wish you a good Voyage
being I am
Yo? affecat:e Friend.
Fr: Louelace.
New Yorke Apr:
ye 20*h 1672.
No. LXXII.
OYSTER BAY — REGULATION OF WHALING.
An Ord' of Councell about ye 3 G. E.
Whales cast adrift at Oyster Bay. (jry'lf
At a Councell held at Forte James in
New- Yorke ye ifh of May 1672.
Whereas it was rep'sented unto his Honor ye Governo'
that a certaine difference had arisen between Jn"? ffinch of
Huntington & severall persons of Oyster-Bay concerned in
the Whale-ffishing Designe, touching three Drift Whales cast
upon the Beach & cutt up & tryed by those of Oyster-Bay,
wherein his Royall Highness was concerned as to his partic-
ular Dues out of the Oyle of the said Whales; All wch was
referred by ye Governor to Thomas Delavall Esqr one of
ye Councell to Examine & Endeavour a faire Composure
betweene ye Partyes, secureing the Dukes Interest; Hee
688 Province of New York
G. E. haveing an Ordr in the meane time to receive the Oyle, &
(HYSL) bee accomptable for ye same when the Controversy should
bee decided, to whom of Right it did belong; And the said
May 17 Thomas Delavall haveing Declared that to prevent farther
Contest, hee had made a faire Agreem* between them or
most of them concerned; That is to say, That Jn° ffinch
should have for his Share or Proporcon ffifteen Barrells of
Oyle upon Acco* of his Interest in ye Beach where the Whales
were cast up, out of wch hee is to pay his Royall Highness
his Dues, & two Barrells more to beare the Necessary Charges
had hereupon; And that ye Remainder should bee unto
them of Oyster-Bay that cutt up & tryed the Oyle of the
said Whales for their Charge & paines therein, together
with ye Cost of the Barrells, & Transportacon; Vpon Con-
sideracon had hereof, the Governor & Councell have thought
fitt to allow, & doe very well approve of what ye said Thomas
Delavall hath done herein, And doe order that the Agree-
ment aforenamed doe stand good & bee observed accordingly.
By Ordr &c:
No. LXXIII.
DELAWARE — EXPEDITION OF GOVERNOR
LOVELACE FOR SETTLEMENT OF
AFFAIRS THERE.
G- E> An Ord^ for Cap* Nicolls to summon a Part of
4: no
(NYSL) his Troop to attend ye Governor to Delaware.
Whereas there is an Occasion of my goeing in Person to
Delaware over Land as well as conclude a Peace amongst
1671/3
Mar. 8
[i.rxiii] Collateral and Illustrative Documents 689
the mutinous Indyans in those Parts, as to settle Affayres G; E-
in that River under his Maties Obedience, for ye wch both
for the Reputation of his Royall Highness, whose Person
I rep'sent here as his Governo1", & safety of my selfe &
Retinue, It will bee requisite, That I have a Party of Horse
out of ye Troope risen in the North & West Rideings of Long-
Island, & likewise out of this City of wch you are Command';
These are to Authorize & require you, That you forthwth
send Orders to the Offic™ or others of your Troope as you
shall finde convenient to' Summon soe many Persons in each
Towne that are enlisted in yor Troope (besides Offic") as
will make up ye Number of Twenty to bee ready with their
Horses & Armes, & that they give their Attendance at ye
certaine dayes & times prfixt, of which you are to give them
notice; And that noe Person to ye said Troope belonging
shall thinke himselfe burthen'd or exempt from this Duty,
those that stay behinde shall be obliged to beare their Equall
Share & part of ye Trouble & Charge their ffellow Sould-
yers shall bee putt to that goe; But whosoever being appointed
& adjudged fitt to goe by his Offic^ & shall refuse to doe his
Duty therein, Hee shall pay as a ffine ye Sume of five pounds,
the one halfe to bee paid to ye Person who shall bee chosen
& goe in his Place, & the other for y! use & Benefitt of the
Troope. Given under my hand this 8th day of March
1671.
Fr: Louelace.
To Cap? Matthias Nicolls to be
Communicated to ye rest of
ye Commission Offid8 of the
Troope of Horse, on ye North
West parts of Long Island.
[44]
690 Province of New York
G-j* The Ord" sent by Cap* Nicolls to ye Officre in
(NYSL) persuance of ye Governo" Warrant above-written.
MM!' '9 Whereas I have receiv'd a Warr* from his Hono' ye Gov-
erno? strictly commanding mee to send forth Ord" to ye
Offic" or others of my Troope as I should finde convenient
to Summon soe many Persons lysted in each Towne belonging
thereunto (besides Offic") to make up ye number of Twenty
to attend ye Governor over Land to Delaware. You are
hereby ordered & required forthwth to Sumon [blank] in ye
Townes of Hempstead, Oyster-Bay, & Leusam (als Robert
Williams his ffarmes) to prepare themselves & bee in a
readyness wth their Horses & Armes; And that you together
wth them bee at ye (Ferry on Tuesday ye 19th day of this
instant Month, where Boates will be ready for their Trans-
portacon to ye Nevisanz at the Genr" Rendezvous, wch is
appointed to bee upon ye 22th day being ffriday following;
And whosoever shall bee by you pitcht upon & doe refuse
to obey yo' Commands, they will bee lyable to pay ye ffine
in ye Governo" Warrant exprest, whereof you have herewth
a Coppy. Of ye due Observance of these Ord" You are not
to fayle at your Perill. Given under my hand at New Yorke
this 9th day of March 1671.
[Matthias Nicolls.]
To Corp'" Joseph Smyth
at Hempstead these.
The like was sent to Corp?" W1? Chatterton of flushing
for ye Townes of flushing & Jamaica, or who ye Lievtenant
& Cornett should appoint.
The like also to Corpril Jn? Garland for ye Townes of
Breucklyn, fflatt-Bush, fflatt-Lands, Gravesend, & New
Vtrecht.
[LXXIII] Collateral and Illustrative Documents 691
Another Warr1 from Cap' Nicolls G- E>
4: 112
about this Affayre. (HYSL)
You are hereby ordered in Prosecucon of ye Result of
the Governor & Councell, & y* Governo?3 Special! Warrant
directed to mee, of which you have Coppyes, that out of ye
Number that are to attend ye Governo? over Land to Dela-
ware, you pitch upon three persons to goe wth Corp?11 John
Garland, who is appointed to lead the way, & make prep-
aracon for ye Governo? & his Retinue, the time of his setting
forth is to bee on the 12th or 13th day of this instant Month
at farthest, & whosoever being summoned & thought fitt
to goe with him, & shall refuse, will bee lyable to pay y'
ffine in ye Governo™ Warr* sett forth. Hereof you are not
to fayle. Given under my Hand this 9th day of March 1671.
Matthias Nicolls.
To Quart? Mast? Thorn:
Wandall & Corp?11 Jn?
Garland.
Memorand1? That ye Quarter Mast1- is ordered to sum-
mon those of Newtowne that are to goe with ye Governo? as
well as those that are to goe with Corpo?11 Garland.
Instructions for Mr Garland about G. E.
i • - c L- 4i«4
makeing preparacons for his (HYSL)
Hono" Voyage to Delaware
Mr Garland
You are to goe wth that Party of Horse yo? Cap'" hath allot- i6*1/*
ted you to Nevesincks, & from thence as speedily as you can
(with a Guide) to march to ye House of Mr Jegoe, right
against Matinicock Island in Delaware River, where there
are some Persons appointed ready to receive you.
Being arriv'd at ye River side as afores1? you are to goe
692
Province of New York
G. E.
4:114
1671/2
Mar. 12
to Wickako, or where you shall bee directed that Cap* Carr
(NYSL) & Commissaryes are, to whom you are to deliver yor Letter;
& then to follow their farther Instructions.
You are to see that all conveniencyes for mee, & Party bee
made ready for our Accomodacon, as Provisions, Boats &c: &
likewise a Considerable Guard of Men at Matinicock Island.
After all these things are thus in Ord^ you are then to
meet mee wth yor Party, & such other Volunteers as are
dispos'd to accompany you; & meet mee one dayes Journey,
wch is at ye great Indyan Plantation, where I intend to lodge
that night, & purpose by Gods help to bee there on ye 24th
day of this instant month March (& perhaps on ye 23d)
When wee are there at ye Gen'11 Rendezvous I shall sett
things into further Order.
You are to treat ye Indyans & others wth all Civility, and
to contrive it soe that ye Susconck Indyans may bee there
when I passe by.
You are to assure all ye Indyans that ye Intention of my
Comeing amongst them is out of Love & {Friendship to them ;
Thus haveing noe more to Entrust you withall, I leave it to
yor prudent Managery, & yor selfe to the Protection of the
Allmighty.
Fran: Louelace
Forte James y* 12th
of March 1671.
Instructions from ye Governo? to MS Delavall
& Mr Steenwijck at his goeing for Dela-
ware; March ye i8tl!
G. E.
4:118
(NYSL)
1671 /2 The Affayres of these his Roy" Highness Territoryes being
(God bee praysed) in that tranquillity, & Calme Condition,
soe that there is nothing of any new thing wch might require
a particular Instruction, yett in regard some Accidents may
Collateral and Illustrative Documents
693
soe fall out as may require yor wonted vigilance; Cares, and
Judgmts to manage, towards ye publiq} peace & welfare of
these his R: H? Territoryes, & Authority, therefore what I
shall now recomend to you will bee but in Gen'11, leaving
Contingencyes, & new Accidents still to yor prudent Man-
agery, assuring you wthall to justify & stand by you, in any
lawfull Determinacons you shall conclude & Act in, being
well assured of yo' prudence, moderacon & Justice, that y*
safety of these his R. H? Interest will bee yo' chiefest Care,
& ye Determinacon of Civill Interest & Propriety of all that
are under ye Protection of my Roy11 Master, yo?" next, as
depending on ye former. You are not unacquainted wth
ye Designe of this my Resolucon of visiting those more
remote parts of his R. H8 Territoryes at Delaware, where I
hope soe to settle all public Affayres there as may free mee
from the farther Expence and Trouble of a suddaine Re-
visitt of them, I will make all ye Dispatch I possibly can,
hopeing to finde you at my returne in y* same quiet Estate
I left you, and soe God take you into his Protection, and
send us a happy Meeting againe.
Yo? very much affecf" ffriend
Fran: Louelace.
To Thomas Delaval &
Cornelijs Steenwijck Esq™
2 of my Councell to his
Royall Highness y* Duke
of Yorke in these his Ter-
ritoryes of America.
(HYSL)
lto
Mar. 18
The Governor3 Ord? to Mr Bedloo to pay the
Boat-men about ye Delaware Expedition.
Mr Bedloo.
There being Moneys due unto ye Persons here under
menconed for their Boat hire, & carrying & bringing back
G.E.
4: 200
(KYSL)
\i673-\
[ SeptJ
694
Province of New York
r H°- i
LLXXIVJ
G. E.
4:200
(KYSL)
p 167*1
I Sept.]
the Troopers Horses to and from the Nevesincks in the
Expedition to Delaware, upon wch Acco* you have already
by my Order disburst some Moneys, You are hereby ordered
to make them the best Satisfaction you can by Discounting
wth or giving them Creditt for soe much as by their Bills
allowed appeares due, and that you make ye Delaware
Voyage DebtoT for the same, but that you take care to part
wth as little Goods in this time of Exigency as possibly you
cann.
The Boat-mens Names to whom Money is due.
Stoffell in the Smiths Valley.
Nicholas the Baker
Francis Leigh.
Dirck ye Wool-Spinner.
Ned Shakleton & ) that went wth Governo* Carteretts
Wm Welch. . . . ) Boate are already paid.
[Francis Lovelace.]
No. LXXIV.
NAVIGATION LAWS AND TRANSATLANTIC
SHIPPING.
(HYSL)
1671/2
Mar. 10
[Charles II — Orders for Transatlantic Shipping.]
Charles R1
Trusty and well beloved Wee Greet you well. Haveing
taken into our Consideration the 111 that have times hereto-
« The file copy of this document is lacking in the archives of New York,
hence this text is presented from a Massachusetts copy, now in the New
York State Library.
Collateral and Illustrative Documents 695
fore befalne the Shipps of our good Subjects in their returnes
from our Plantations in the West Indies cheifly through l67,/a
their cofninge from the Said Plantations Scatteringe, and at ***. 10
uncertaine times whereby they have come Vpon the Coasts
of England, or Ireland, at Seasons when they have found
none of our Shipps of Warr there, whereas if there were
certaine Prefixed, and Observed for their returne, care might
be taken to Secure the Coast at the Season of their arrivall
by Some Shipps Extraordinary to be imployed for this
Purpose, Wee have therefore thought fitt out of the Princely
Care of the good of our People to appoint certain Seasons
in the yeare, at which only Shipps be permitted to Returne
from Boston and other Ports, to England, or Ireland, Vnless
Such Shall be imployed for our Emediat Service, Either as
men of Warr or for carryinge Packitts or the licke Extra-
ordinary Occasions, which Seasons Wee have thought fitt
to be the 24th of March, the 24th of June and 24th of Septem-
ber, and Our Will and Pleasure is that you take Care that
all Such as Shall be Redy to Sayle at any of the said times,
doe enter Bond before you to use their Vtmost Endeavours
to keepe Company, and defend each other dureinge their
Voyage homewards, and for the better doeinge thereof you
are to appoint one of the Cofnaunders of the Said Shipps to
be Admirall of the fleete, whome the others are to Observe
and follow, that Soe in case they be attempted in their
Voyage they may be in the better Condition to defend
them selves, And if any Shall be dissobedient to these our
Commands,' You are to Compell them to the Observeance
thereof, and punish them in such manner as may deterr
others by their Example, you are further to direct them
when they shall be neer the Coast of England, if they Shall
not have Mett with Some of our Shipps of Warr in the
Soundings, by which they Shall have vnderstood the Estate
696 Province of New York
(NYSL) Of affaires wjth our Neighbours, and be from thence incour-
1671/2 raged to proceed to their Respective Ports, that they indeavor
Mar. 10 to toucn at the first Port of England, there to Receive further
information for their guidance, in which Wee Expect your
best Care, and Circumspection, and for the Preventinge
any Surprize that might otherwise befall our Plantacons
in those Parts, or the Shipps tradinge theither whilst they
are in Port vpon any Suddain change of affaires here in
Europe, Wee have thought good thus early to warne you
of it, Willinge and Requireinge you to Neglect Noe time to
Consider of the Securely of that Place, in all Respects, and
timely to make Provision as well for its Safety and defence,
as for the Protection of the Shipping, that Shall be there,
upon any Emergency that may happen, the pertickulars of
which wee leave to your owne discression, to be prosecuted
with Care and dilligence in that order that Shall appeare
most Necessary to you upon the Place, and for Soe doeinge
these our Letters Shall be Your Suffitient Warrant, Given
at our Court at White Hall the ioth day of March 167^
By His Maj^ies Comand.
Ahlington *
To our Trusty and well beloved
Ovr Govo* & Council off our
Collony of the Massachusetts
in New England To
be Comunicated to the Rest of
our Collonys there
Endorsed:
Copie of his magisties
Letter dated ye ioth of
March 167^ about ye
Dutch warr &c
1 Arlington
Collateral and Illustrative Documents 697
Certificate from ye Governo* on ye Behalfe of G- E-
* * 4* 140
Cap* Haslewood, touching his Stay in this (KYSL)
Porte.
These are to Certify all whom it may conceme that Captn
Clayborne Haslewood Command' of ye Ship the Justice of
London hath been by my Order stopt from proceeding in
his Voyage for Europe, from ye 24"" day of May last, when
his Maties Letter came to my Hand unto this present day
that hee hath received his Ma'ies Packett, & other Dispatches
for England. Given &c: this 7th day of June 1672.
[Francis Lovelace.]
An Ord' to Cap' Haslewood at his departure.
These are to require you that if it shall soe happen, in yor-
Voyage homewards that you meet wth any Merch" Shipp
of (Force, or English Man of Warr bound for England, that
you keep them Company & acquaint them, It hath been
his Ma'"s Command & Pleasure, That all Ships bound the
same way should keep Company together for their Mutual!
Safety against an Enemy, and that before you come into the
Channell or the Lands end of England, there are Convoyes
appointed, wch will bee ready to conduct you safe to your
Porte; Soe God send you a good Voyage. Given under
my hand at ffor'te James in New Yorke this 7th day of
June 1672.
[Francis Lovelace.]
To Cap^ Clayborne Haslewood
Comander of ye Ship ye Justice
of London.
e
e
698 Province of New York [Lxxiv]
G- E- An Order about Sayling.
4:146
(HYSL)
Whereas his sacred Matie out of his Princely Care &
June 27 regard to ye welfare & safety of ye Ships belonging to his
Subjects tradeing in America or elsewhwere, to ye end by y
suddaine Revolucons that are now likely to happen in
Europe they may not bee surpriz'd & taken by ye Enemyes
to ye Crowne of England in their Returnes homeward, hath
been graciously pleas'd to prefix certaine Seasons in wch
they shall quitt their Fortes in America only, that is to say,
on ye 24th of March, 24th of June, & ye 24th of September,
that soe in the Soundings & ye Mouth of ye Channell hee will
have certaine Convoyes to conduct such as are bound up y'
Channell to their respective Fortes; To the end therefore,
these his MaTes Commaunds & Directions may bee punctually
observ'd, These are to give Notice to all Masters of Ves-
sells whatever; That they truly & punctually observe
those Seasons specifyed by his Ma^es, unless on some
extraordinary Immergencyes about wch they shall bee
expressly sent on ye Publick Service, by Governed who
have Lycence to employ them by Authorizing them wth
their respective Passes for the same. Care is likewise to
bee taken by all Masters under his Ma'yes Subjection (by
giveing in Bond) That is on their way they meet wth any
Vessells belonging to his Ma*?" or his Allyes that they
endeavour to keep Company & Consortship together, that
soe they may bee in ye better Condition to oppose an Enemy
& defend each other; That therefore these his Ma*yes
most gratious Commaunds & Directions may bee more
punctually observ'd, I have thought good to make a Pub-
lique Notificacon of them, & to affix them in ye Custome-
House, to the end any concern'd may not pretend Ignorance.
[LXXV] Collateral and Illustrative Documents 699
Given under my Hand ye 27th day of June, in ye 24th yeare G; E-
of his Maty" most happy Reigne, Annoq3 Domini 1672. (HYSL)
[Francis Lovelace.] i6
June 37
No. LXXV.
NEW YORK CITY -REPAIR OF FORT JAMES
AND WAR RUMORS.
Lre. from ye Governo' to Cap* Young & the G- E-
rest of ye Commission™ at ye East end of (HYSL)
Long Island, about sending Assistance to
fortify &c:
Gent.
Haveing lately receiv'd a Lett' from his Ma'ie by the way *673
of Boston, wherein hee precautions us (by reason of ye
Troubles wch are like to arise in Europe to prepare, & putt
our Selves into ye best posture of Defence wee are capable
of; I thought good therefore to acquaint you wth it, that
soe at ye Sessions you might consider wth ye Countrey what
will bee most necessary to bee practiz'd in order to yo'
Security; The Determinacon I should bee gladd to receive
by ye Returne of the High-Sheriff, that soe I might ye better
bee able to assist you by my power.
I am likewise to acquaint you of ye necessary Resolutions
I have of repayring the Walls of this fforte, wth some stronger
{Fortifications then heretofore it was, & being altogether
uncapable to performe such a worke by my Public Stock
here, I have thought good to recommend our Condition to
yoo Province of New York [Lxxv]
G. E. yQrs £ ye Countrey's Consideracon, to contrive & send such
(NYSL; an Assistance as may (in some sort) bee helpfull to mee in
1672 t'iat Vndertaking. You well know I have been very tender
May 30 to press this Point to you; It being now the first I have
desired of you in that kinde. Thus not doubting of yor
chearfull Concurrence wth mee in a Work wch soe nearly
concerns ye publick Safety, I take my Leave of you, & bidd
you heartily Fare-well.
Yor assured Friend to serve you
Fr: Lovelace.
Forte James ye
3<^h May. 1672.
®; E- [Lovelace to John Archer.]
(NYSL) Gent.
His Ma*yes Commaunds, together wth a strong necessity
June 28 to putt or selves into such a posture of Defence, as may make
us capable both to defend or selves, & offend any publick
Enemy to his Ma*'% his R: Hs has constreyned mee to have
a recourse to you, for assistance in repayring of ye fforte at N:
Yorke; & haveing recomended ye necessity to all the Inhabit*5
under his R. Hs Territoryes, who have soe sensibly receiv'd
these my Desires that unanimously they have made a volun-
tary Contribucon to carry on ye Worke, & have afforded mee
wth a frank Supply; Now considering you are as yett but a
tender Plant, soe that in Modesty I cannot expect soe large
a Contribucon from you, as from others, that are rooted to a
better Thriveing then you are yet since you are esteemed a
Member of ye whole Body, It will bee necessary that likewise
you shew yo^ forwardness to soe good & generall a Worke;
assuring you that your Widdowes Mite shall bee accepted, &
when ever it shall please God to enable mee, I shall in some
[LXXV] Collateral and Illustrative Documents 701
Measure recompence yoV In ye mean rime I desire you <*• E-
will believe mee to bee (HVSL)
Yo' Loving Friend
Forte James ye Fr: Louelace. June 28
28th June.
1672.
To Mr Jn? Archer, to bee
communicated to his Neighbo"
& ye rest of ye Inhabitants in ye
Manno' of fFordham.
Lettr from ye Governo' to ye Mayo' & G:£i
Aldermen about a Contribucon from (HYSL)
this City, to repayring ye Forte.
Mr Mayo? and you ye rest of ye Aldermen.
His Ma*yes Paternall Advice & Princely Commaunds i**?3
being transmitted to mee, wherein hee admonisheth us by
ye great Resolutions wch are now likely to happen in Europe,
to putt our selves into such a posture of Defence as may best
secure his Ma'ies Interest, his Royall Highness Title &
Authority in these his Dominions, & our own particular Lives
& Proprietyes from ye usurpacon of any others that might
appeare ye Disturbers or Invaders on ye just Rights of either,
and findeing that by a long Tract of peace and Tranquility
of time yefforte of New Yorke requires not only a Reparacon
but in some measure a new Re-edification; To ye Accom-
plishmen' of which (it being totally out of my slender Ability
to perfect) I have been constrayn'd to have Recourse to all
Loyall & well disposed Persons wthin these his R: Hs Ter-
ritoryes for their voluntary Contribucons, to assist mee in ye
carrying on that worke, wch otherwise would bee impossible
for mee to accomplish; And Gentlemen I will assure you
702 Province of New York Lxxv]
4-'^6 ^ ^eturnes being transmitted to mee from their respective
(NYSL) Townes) there appeared soe great a Chearfullness in ye
1672 Generality & soe franck a Contribution in some particular,
July 3 as farr exceeded my Expectacon, & perhaps some of their
Abilityes. There remaines now noe more to ye Accom-
plishm* of ye End desired & designed, but that you who are
esteemed ye Head of this Body keep a proportionable Harmony
wth ye rest of ye Members in a liberall & voluntary Contri-
bucon for the strengthning that Place, wherein ye Security
of ye whole is soe nearly concern'd. Now by what Method
you will pforme it I shall leave to yoT- grave & Judicious
Determinacons; only assuring you your Care & Bounty
therein shall not altogether fall to ye Ground unregarded;
but if it ever please God to afford mee an opportunity of a
kinde Retalliation (in ye gratifying of you in anything that
may bee advantagious to ye Corporation) I shall most gladly
embrace ye Occasion; &in ye meane time I shall soe transmitt
it on Record as what I leave unhappily imperfect may not-
withstanding still bee convincing Arguments to induce my
Successo" to a reciprocall Gratification of you; Thus recom-
ending ye Premisses to yor ingenuous Consideracon, I bidd
you all heartily Farewell, & remaine
Yor assured Loving Friend.
Fran: Louelace.
Forte James in N: Yorke.
July ye 3? 1672.
G;i6o Commission given to Mr Thorn : Lovelace, Cap*. Morris,
(NYSL) Cap^ Manning &c : to collect ye Contribucon Money
concerning the fforte &c:
1672 Whereas there is a great Necessity of ye Reparacon of
fforte James in New Yorke, the wch through length of time
Lxxv] Collateral and Illustrative Documents 703
is very much fallen to Decay, & it being ye chiefe place of G- E-
strength within these his Royall Highness his Territoryes, (NYSL)
It is requisite the Fortifications should bee made up & main-
tayned, more especially at this juncture of time, when his Ju\y\
Ma?ie hath been pleased to Advertize his Subjects in these
parts, That they should putt themselves into a Posture of
Defence, in regard of the Commotions like to arise in Europe,
which may also reach us here; And the Resolucon together
wth ye Necessity & great Charge hereof haveing been recom-
mended by mee unto ye Courts of Sessions of ye severall
Rideings of Long Island, as also to this City, who out of a
franck & voluntary Benevolence have subscribed & con-
sented to pay ye severall Sumes of Money or Vallue in ye
Returnes of ye respective Townes, as well as of particular
Persons sett forth; To ye end ye said Contribucon may the
better bee collected & converted to ye best Advantage, to
make payment & satisfaction for ye Materialls as also ye
Wages that shall become due to ye Labourers and Workmen
employed therein, I have thought fitt by and with ye Advice
of my Councell, to nominate, constitute, & appoint, and by
these prsents doe hereby Nominate, Constitute & Appoint
Thomas Lovelace Esqr Cap? Richard Morris, Cap? Jn?
Manning, Mr Allard Anthony, Mr Thomas Gybbs, and Mr
ffrancis Rombout to bee Comnrs to take Charge and Care
of ye collecting ye said Benevolence & Contribution as it
shall come due, & to dispose thereof when received accord-
ing to such Directions & Instructions as from time to time
they shall receive from mee. And ye said Com?*3 or any
three of them (which shall bee adjudged a competent Num-
ber to Act herein) are hereby Ordered & Empowered to
meet once or twice a week as they shall see Cause, at ye
Statehouse of this City, to putt Matters into a Method, for
ye best advantage of the Stock wch is to bee received and
704 Province of New York
G- E- disposed of by them, for the use & worke aforesaid; Of all
(NYSL) wch they are from time to time to render mee an Acco* And
for what they or any three of them shall lawfully Act or Doe
June 3 in prosecution of this my Cofnission, These prsents shall
bee to them or every of them a sufficient Warrant & Dis-
charge. Given under my Hand, & Sealed wth ye Scale of
the Province this 3d day of July in ye 24th yeare of his
Ma^yes Reigne Annoqj Domini 1672.
[Francis Lovelace.]
C22 :?3oS' [Contributions for Repair of Fort James.]
(HYSL)
New Yorke 4 July 1672 —
T ?673 * The following Persons have subscribed towards the
July 4-26 .
reparation ot James ttort Viz :
S ' Capt? Thomas De Lauall seawants value. . . f8oo/ —
S Mr Cornelis Steenwyck in Wyn at Long
Maryes or fredrick Gysberts 300*—
S Mr Olof Stevensen Seawants Vallue 200*— -
S Mr Richard Morris Seawants Vallue 500*—
B Mr Gabriel Minvielle 6Brs 150*—
S Mr W™ Darval £5: or 180*—
S Mr Jeronimo Ebbingh Wampum Vallue. . . . 6o/r—
B Mr Matthys de Haert 2 Bre 50*—
S Mr Jacob Leiseler in goods 50* —
S Mr francis Rombouts Wampum Vallue 5°*—
S Mr: Jacques Cousseau in goods 6of —
B M' Daniel Hondecoutre i£ Bevr or 361 —
S Mr William Beeckman in Beere 50* —
i S means seawant, B signifies beaver, and W denotes work.
Opposite p. 704.
( • • > .. "•- 1 <"?<?«.
FIRST PAGE OF SUBSCRIPTION LIST
FOR REPAIR OF FORT JAMES
NEW YORK CITY— July, 1672.
(Reduced from 12% by 8 inches.)
Collateral and Illustrative Documents 705
Col MSS
S Mr Gelyn Verplanck Seawants Vallue ....... 30* — 22 : 130
S Mr fredrick Philips ........................ 2OO/-
S Mr John Rider Seawants Vallue ............ loo* — 6 July
S Mr John Sharp in goods ................... 501 —
B Luycas Andries Sloopman one beavr ....... 25* —
S Mr Johannes de Peister in goods ........... 8of —
B Claes Lock i Beavr ....................... 251 —
S William Merrit ........................... 50* —
S Hartman Wessels ......................... io# —
B Jan Joosten one beavr ..................... 25* —
S Gulliam De Honeur 6 g™ in beav™ .......... i8f —
B Isaacq Van Tright one beaver or ............ 251 —
S Jan Harberdingh ......................... 50* —
S Reynier Willems Baaker 200 tt* bread ........ 80* —
B Dirck Smith one beav* ..................... 25* —
S Cornelis Jansen Clopper ................... 25/ —
S Lourens Vander Spiegel in broot ........... 30* —
S Coenraet ten Eyck in Wampum Vallue ....... 6o/ —
S Jan Vinge in Beere ........................ 30* —
S Thomas Karre ............................ 20* —
S James Matthewes ......................... 25* —
S Abel Hardenbroeck 6 g™ in beav™ ........... i8/ —
Transportere op d'ander syde
Pr Transport f
B Cornelis Van Borsum 2 Brs Vallue 50*-
B Jonas Bartelsen one beavr 25* —
B Dirck Van Clyf one Beavr 251 —
S Doctr Henry Taylor loo* — 8 July
[45J
706 Province of New York [Lxxv]
Col. MSS. § Tno Garland one barrel of beefe Vail at. . . 8o/ —
22: 130 •*
(HYSL) W Jacques Croisson 2 dayes Worke 8f —
Cont- S Anthony de Milt in bread 201—
B Gerrit Vullevever J Bever lot —
S Nicholaes d' Baaker I2/ —
S Evert duyckingh, the vallue of 15* —
S Jurian Blanck in goods zot —
S Jan Keteltas the value of J Bevr io/
S Jan Roelofsen bootman the Valt of I2/ —
S Wander Wessels hatter 81 —
S Boele Roelofs i8f—
S Elias provoost smith 15* —
W Poulus Turck een broeck te maeken vallued.. 6f —
S Barnadus Hassing the Vallue of 121 —
S Peter Nys 30*—
B Thomas Lourens one beavr 25* —
S Symon Romeyn in Corne 401 —
B Jan Scholten \ Bever 101 —
S Balthaz Bayard vallue 201 —
W Albert bosch in Labour out of his shop lit —
S Roelof Jansen Halfe a Mutton Valt I2/ —
S Luycas Van Thienhoven 8f —
S David Provoost 6t —
B Hendrick Droogstraet 2 raccoons Valt 51 —
S Daniel Setton 40* —
S Gerrit Hendrickx Slaughtr £ a mutton vatt. . . I2t —
S Jan Van Brestede 25* —
S Andries Jochems lOf —
W: Gerrit Roos one day Carpent" Labour "ji —
S Jan Bosh tayler 5* —
S I saacq Van Vleecq 50 tt flower Vatt 18* —
B Poulus Richart one beavr or 25* —
B Jacob Vande Water one beavr 25* —
Collateral and Illustrative Documents 707
S Thomas Taylor ................... ........ 201
S Lourens de Smit in Country pay ............ 6f — (HYSL)
S John Nelson in goods by Mr derval .......... 201 —
Carried ouer (
Brought over (
B Peter de Riemer one beavr 25* —
S Nicolaes de Laplayne 121 —
S Roger Purchaze 25* —
S Jan Hendricx Van bommel in goods 10* —
S Andries Claes Carpentr 8* —
S Cornells Pluvier 50 It dry bread 20* —
S Jan Adams one schepple Wheat 6t —
S Symon barents in goods I2t —
S Herry Brazier 20* —
S William Waldron 2 barrels or 10* —
B Jan Dircksen Meijer one beavr 25* —
S Pieter Jacobs Marius 50* —
B fredrick Arents Torner in bev™ (4 — or 121 —
S WilliamWhite lOf—
W Pieter Simkans the makeing of a Coat Vafl. . . I2t —
S Harmen Smeman 4 tunn of Lime 8* —
W Willem Van Vredenburgh the making of a
paire britch 6t —
S Jacob Teunissen Kaay by an assignfn' 50* —
S Thomas Berryman 30* —
S Pieter Jansen Mesier 4 tun Lime 8* —
B Stephen Van Cortlant one beavr 25* —
S William Errewin 25* —
S Hendrick Jans backer as pr bill of paines [?].. 30* —
S Adolf Pieters . . 2Ot —
708 Province of New York [iliv]
Col.MSS. S Anthony Jans Van Sale 6f-
(NYSL) S Benjamin Provoost Cooper 2 barrels lot-
Coni- S JanvanGelder I2f-
W John Cooly in Work out his Shop f6o or 30*-
S Peter Stoutenburgh in goods 15*-
B Jacob Mens J beavr ior-
S Jan Spiegelaer the Vallue of 101-
S Evert Wesse[l]s Kuyper 201-
S Fredrick Gysberts 5 cans of Wyn 25*-
S Jacob Abrams shoemaker 161-
S Timoteus Gabrie in handen van Swert olpherts 25*-
S Jacob Kipp 2 tonne Bier 60*-
S Thomas Gibbs the vallue of 80*-
S Nicolaes Dupuie 2 busshels Indian Corne 8/-
B Augustyn Blyenbergh one beavr or 251-
Carried ouer f
Brought ouer f
S Abram Verplanck 4 scheppels Rye i6/ —
W Isaacq Kip one day Labour 4* —
B Henry Coustrie 2 halfe beav™ 20f —
S Abram Jans 3 schipples peaze 121 —
W Abram Mol one day Carpent18 worke Ji —
S fredrick Hendricx de boogh in goods 6t —
S Claes bordingh 5°' —
S Hendrick bosh in goods 2O/ —
ia«n juiij asser Leuy the value of one beauer 25 : —
Thomas karr 20: —
egbert meyndertsen 6: —
36en juiij david wessels 15 : —
marten meijer de Smit 12 : —
Collateral and Illustrative Documents 709
Cornells Jansz de visscher 6: — C01- Mss-
, . aa : 130
carsten Liersen 32 : — (RYSL)
• \ ( inl
jan poppen | _
jan cornelisz J
wessel wessels ten broeck 20: —
Jacob Leunen 9: —
Cornells barentsz coordwener [ ?] 23:14
[barssen Slecht ? ] 18: —
adam onchelback 8 [ ?]
Thomas Lewis fz —
Cap' John berry ("150: —
philip Johns een beuer f 25: —
Jacob Swart by pieter nijs .2. Schepel [ertten ?] . .f 8: —
Endorsed:
New Yorks Contribution.
July .4. 1672.
Instructions for y? Commission!8 Col. MSS.
appointed to have Inspection (HYSL)
for the Regulation of ye For-
tification of James Forte.
1 When You are all mett together at ye Place appointed 1673
in yoT Commission, You are first to pitch on a Charye-man, ^u
who shall preside as President of ye Commissioners, whose
Name shall be affixt to all Letters you shall have Occasion
to write, Warrants, or any other Writeing that shall bee
requisite.
2 You are likewise to chuse some young Man to bee yo?
Clerke to Record fairely what shall bee transacted by you.
3 You are likewise to call for all ye Subscriptions of the
Voluntary Contributions, that have been presented either
710 Province of New York Lxiv]
.1. MSS. from all tne Townes in Generall, or any particular Person,
TlYSL) wch Subscriptions M? Mayo? shall deliver to yo' Custody.
Col.
22 '
(HYSL) wch Subscriptions M? Mayo? shall deliver to yoT. Custody.
1672 4- ^ou are to ta^e an Acco* °f a^ ye Workmen that are
July ii employ'd, together wth ye vallue of their Wages, which shall
bee delivered to you by my brother Dudley Louelace, as
likewise ye Defaulters, which weekly or oftner shall bee
represented to you, and to keep a Booke of them, that noe idle
Person bee obtruded on you.
You are to appoint a Treasurer who shall keep all y*
Goods that are contributed, & to issue out Payment when
Occasion shall serve, to whom a moderate Allowance may
bee made for his Care & Trouble.
You are to examine all Bills of Mechanicks, as Smyths,
Wheel-Wrights, Carpenters, Carr-men, Boatmen &c; & to
Examine them on Oath; wch Oath I hereby give you full
Authority to Administer; Tathe end noe ffraud be committed
in their Dealings.
And Lastly, You are to take into yor Consideracon all
things that may best tend to ye carrying on of the Worke,
though not particularly [s]p[eci]fyed [in your] Instructions,
and to represent it (in case of Difficulty) to mee, that soe
a finall Determinacon may bee made to ye Advancement of
the End designed.
Given under my Hand at Forte James in New Yorke ye
I Ith day of July in ye 24th yeare of his Ma4.'68 Reigne, AnnoqJ
Domini 1672.
[Signed] Francis Louelace
Endorsed:
The Comission" In-
structions about y?
Fortificacons.
July n. 1672'
1 This is the original document signed by Lovelace, The engrossed copy
is in General Entries, vol. 4, p. 165. No material variations appear.
[LZZ'V] Collateral and Illustrative Documents 711
Lre from ye Governo- to ye Schout ?:^'8
& Comissaryes at Albany. (RYSL)
Gendemen.
The Newes of ye great Revolutions in Europe is by this
rime soe well known to you, that I shall spare a Repetition;
by it you must needs bee awakened to provide for your
mutuall safety, to wch there shall bee nothing wanting in
mee that may add to yo' Security to y* utmost of my Ability;
To wch end I have desired Cap* Delavall wth y" rest of ye
Councell (now wth you) to examine & advertize mee in what
State you stand. They can assure you of the great prepa-
rations I am makeing here, as likewise of the chearfull &
hearty Concurrence both of the City and Countrey to assist
mee by a voluntary Contribution to carry on the Worke. I can
in noe wayes doubt but to a Worke soe gratefull to his Ma'ie,
his Royall Highness, our gracious Protector & Proprieto* you
will cast in your Mite. You may remember how willing y9
Inhabitants of these parts were (when prsent wth you, & a Dan-
ger seem'd to threaten you) to lend you their assisting hand.
I hope you will not now bee backward to them in the like
Retalliarion; assuring you withall, yor forwardness herein shall
not altogether fall to ye Ground; but when ever it shall lye in
my power to gratify you by any lawfull demaunds for the
Advantages of yor Place, I shall most readily comply wth it. In
ye mean rime I shall transmitt yo? hearty Concurrence to his
Royall H? our great Patron & Protector, who as I know will
bee much pleas'd to finde soe great a readyness in you, soe
likewise you may expect from him all ye Grace & {Favour to
further yo' Prosperity by a carefull & fatherly Protection of
you; And withall I must acknowledge it a kinde Service to
Yor affec?te Friend.
Fr: Louelace
1 Undated in the recorded copy, but from its position in the volume evi-
dently belongs between July 16 and 18, 1672.
712 Province of New York
No. LXXVI.
CORRESPONDENCE BETWEEN LOVELACE
AND LEVERETT.
A Lett* to Major Gen'!1
T r>
Leverett at Boston.
ST
1672 It was neither out of Vanity nor Pride, that hitherto I
have not had a Close Correspondence wth you; for believing
it a receiv'd Practice that when any Stranger enters him-
selfe into a Neighbourhood, ye prsent Inhabitants (by ye
rules of Vrbanity) ought to Congratulate his Reception,
This being unfortunatly omitted by you I could not expose
the Dignity of my Royall Mast?5 Interest, whose Substitute
(by his great Indulgence & flfavo? I am) to any cheap Rate;
However passing by all former Mistakes, & since ye vicinity
of ye Place, & mutuall Interest may teach us a more sub-
stantiall Benefitt, then ayery Complem?8 I shall bee very
gladd to embrace ye opportunity whenever fayrly reprsented
to mee; It is possible I may fall under yor hard Censure in
ye Prohibicon of Wheate in Grayne, but it being universall
(not respecting Persons) & ye great Vtility wee receive by
it, may bee satisfactory without further Arguments too long
here to recite; All that I drive at is, that his Ma*ies Interest
the Glory & Honor of our Nation (now in these portending
boysterous times) may entirely bee prserved, to wch end the
best expedient is a mutuall Vnderstanding of our nearest
Allyes, wch if you believe your selfe soe, with us I doubt
not but time and a happy Opportunity may demonstrate
that these (almost unknown parts of ye World) will bee able
LxxvJ Collateral and Illustrative Documents 713
to mainfest, though wee are divided from our native Soyle ®- Ej
by Distance, yett not by Publick Interest and Loyalty; I (HYSL)
have now noe more but to assure you I am with all respect.
Yor affecat.e Friend & Servant APr- 33
Fran: Louelace.
S?
There are some Souldyers lately
runn away from their Colo" from
mee, if you meet wth any it will bee
a great Service to his Ma1'?8 Interest
to returne them, & I will defray all
Expences, & wthall esteem it a singular
(Friendship to mee.
Aprill ye 23? 1672.
An Answer from Major Genrl' Leverert G. E.
to a Letter sent him from ye Governo1" of
N: Yorke bearing Date April ye 23d. 1672.
Boston May ye 9th. Anno. 1672.
S?
YoT8 by Mr Sharp of ye 23th April came to hand ye 2Qth
day, thereby y* first occasion offered unto mee to assume y"
Boldness to enter into this way of Correspondence wth you,
not knowing but your beliefe may hold amongst Equalls,
circumstanced sutably for Time & place, of wch Number
should I vallue myselfe, you might justly^accompt mee worse,
then Ayery,' whilest the Omission of that you count soe
could not bee any tempation to you to prostitute his Ma*?"58
Interest under your Betrustment to any cheape Rate, I hope
I shall never give you any just Cause to blame mee for back-
1 An archaic form of airy and aery.
714 Province of New York
wardness in embracing any Opportunity offered for my
Acting to Publick Benefitt, & less to suspect mee for being
busy in enquiring into ye Morions of any publique Instru-
May 9 ment, least of all to bee censuring of them; Ever bearing
it with mee as my great Concernment, to bee ready & able
to give Acco* of my selfe, & may I bee helped in my private
& more publique Capacity soe to carry it, that I may render
my Acco* wth Joy unto ye Lord whose Barr there's noe
avoiding; To mee it will bee sufficient in attending to ye way
thereof; I'me sure there can bee noe ffaylor in preserving
entire in his Matyes Interest, & the Nations Honor bee ye
times never soe boysterous; & by ye Grace of God I desire
and shall endeavour to bee found most nearly allyed to
those that feare God, Hono? ye King, Love ye Brotherhood;
& in that may bee ready to doe Good unto all Men, that
thereby I may keep close to Publique Interest & true Loyalty.
Yo? Hono? intimating that some of yo* Souldyers had left
their Colo", not nameing them I enquired of Mr Sharpe
their Names, & told him (if he could give them to mee) I
would secure them, if they were to bee found amongst us,
& send them to you according to yo* Desire, who since
informed mee that hee had learnt their Names, & that they
had shipt themselves wth one Mr Thomas Genno? Comman-
der of a Ship that is gone to Long Island to take in Oyle,
& soe bound for London. Thus presenting my humble
Service to yor Hono' I commend You to ye Protection of
God, assuring you that I am.
Yof ready & affecate Servant
Jn? Leverett.
Collateral and Illustrative Documents 715
No. LXXVII.
NEW JERSEY REBELLION— LOVELACE AND
CAPTAIN JAMES CARTERET.
Lett' from y" Governo' & Councell to Cap' James Carterett G. E.
as an Interposicon for a renewed (Friendship betwixt him (HYSL)
& Cap' Philip Carterett &c:
Sf
The Governo* haveing lately receiy'd a Lett? from his l67a
Matie Dated ye io'h of March 167^ who out of a Paternall
& Princely Regard to ye safety of these his Dominions in
America, admonishes us (by the great Revolutions that are
now likely to happen in Christendom) that wee might
timely provide against ye Cofnon Enemyes of his Maties
Just Rights and ye true Interests of ye particular Proprieto™
to whom his Matie has most graciously transferr'd over his
Clayme of any of these his Territoryes of Colonyes on this
Continent of America, by a more strict Vnion of our selves
together, whereby wee may bee the better able to assist each
other as Occasion or Exigence should require; And haveing
taken notice of late that our next Neighbour Governour,
Cap* Philip Carterett with whom hitherto wee have had a
friendly & Amicable Correspondence, is now in a manner
extruded from freely Exercizing that Authority, by wch hee
was commissioned to Rule and Governe those committed
to his Charge & trust, & ye Legislative Power now exerciz'd
by others; To the end his Maties gracious Advice & Commands
may bee loyally & Solemnly observ'd, It will bee necessary
that a true Vnderstanding bee known by what means this
suddaine Mutation is made, that soe wee may not bee to
716 Province of New York
G- E- seek to whom legally to apply our selves to, if ever any
(HYSL) Immergencyes should call on us conformable to his Ma*ies most
Gracious Will & Pleasure; Allwayes professing where the
June ii just Authority does reside to bee willing & ready on all law-
full Occasions to bee soe serviceable to them, as wee desire
ye like from others, if need should require. Neither have
wee occasion to feare, that those unhappy Breaches wch have
happ'ned amongst you, bee altogether soe desperate and
uncurable, but that by ye Interposition of moderate &
unbyasst persons to either Party, such a Composure may bee
propos'd, as may satisfy all Interest, but those that delight
in Nothing soe much as in Dissention.
S* if these amicable Propositions of ours bee but hark'ned
to (& by the Blessing of Almighty God) take that Effect wee
cordially wish in ye Peace & Tranquility of you our nearest
Neighbo" Wee shall have cause to bless God in makeing us
ye happy Instruments to soe worthy a Worke; But if it fall
out contrary to our profest Desires (which God forbid) yet
wee shall acquitt our selves to all the World of the entire
Syncerity wee have us'd to heale those Wounds wch (per-
haps) the Enemyes to his Matie & Lord Proprietor would
bee gladd to see fester into a Gangreen, & soe become
incurable.
S* Wee heartily desire you to take these our Reflections
into yor serious Consideration, & to believe noe sinister end
whatever doth prompt us to this Interposition, but it being
a Christian Charitable Worke acceptable (wee believe) to
God, who is a God of Order, to ye Loyalty & Duty wee owe
his sacred Ma*'e, & that Cofnon Charity wee desire may bee
paid to each other, by endeavouring to prserve a Vnity of
Spiritt in ye Bond of Peace.
Thus recofnending these our Reflections into your candid
& ingenuous Acceptation wee heartily take Leave of you,
Collateral and Illustrative Documents 717
desireing you to send an Answr in Writeing by this Gentle- G- E-
man ye Bearer Cap' Dudley Lovelace, who will deliver this
to your Hands.
By Ord' of y" Governor
and Councell.
Fort James in New
Yorke ye IIth day of June
1672.
Cap' James Carterett his Answ? to ye above °- E-
r . * 4=143
written Lett' (NYSL)
Right Honbl« Sr
&
Worthy Gentlemen.
I received yo" per ye hands of Cap* Dudley Lovelace l67a
Dated ye IIth of this Instant. The Contents I have per-
used, & part of them doe finde meriting all Loving Accept-
ance & kinde Entertainm'; assureing you that I doe fully
concurr & acquiess wth you in respect to any friendly Asso-
ciation, whereby wee may bee made more capable to signify
ye Integrity & Sincerity in serving his sacred Ma'ie in his
Concernes either here or elswhere, & when Occasion doth
present my selfe & ye Inhabitants here shall readyly &
chearfully manifest the same according to his Ma'ies Gracious
Advice & Cofnands in whatsoever wee are or may be found
capable; wch I hope & desire may Satisfy you or any others,
who are dubious whom to apply themselves unto; if ever any
Immergencyes should call on them; ffor you may please to
believe That in what is, or may bee proper to us wee shall
shew ye like willingness to assist you against any of his Maties
Comon Enemyes; But wch will afford you ye less Encour-
agem1, & wee indeed are ashamed to divulge, our Inhabitants
are in a raw & undisciplined Condition, brought thereunto
by Cap' Philip Carterett, who differing from all Martiall
7 1 8 Province of New York
G- E- Men that ever I knew in the World, hath for severall yeares
4 • *43
(HYSL) past threatned & forbidden our People upon paine of
Death not to Exercize themselves in Military Affayres or
June 14 Discipline; wch together wth other Gross Miscarriages of his,
contrary to our Concessions, & contrary to his own Com-
mission hath formerly (in his time of Governm*) unjustly
dissatisfyed, disturbed, & impoverish! the Kings Subjects in
this Province; And if then you or others who pretend such
amicable {friendship & Correspondence wth him, had been
pleas'd to advise & Councell him better, It might have been
better for him then at this time. What you mean by Reflec-
tions, is above my minor & feeble Capacity to apprehend;
And as I favourably conjecture they are as inexpedient
to promove & encrease Love & Peace, as Interpositions
are to heale unhappy Breaches; of wch (by the Blessing of
God) wee are freed of late, & doe enjoy very much Tran-
quility amongst our Selves to our great Satisfaction; yett
possibly not wholly exempt from turbulent, Jehu, & Ish-
maelite Spirits as appeareth in all Ages, Provinces, & Juris-
dictions, together with the old pernitious Sect of Tale-
Bearers, wch the Wise-Man speaks of; And I wish that you
& I may take that juditious & divine Advice of his; Pro-
verbs ye 20^h & 19 Ver: & ye 17th & 15th ver.
S" In respect to ye Differences or Breaches that have
hap'ned between Cap* Carterett & my selfe, there is (as you
say) noe occasion to despaire, but they will in time bee
healed or cured by the Hon^le Lords Proprietor8 unto whom
they are already prsented & referred, as to ye most ample &
compitent Judges in those Matt"; And I doubt not but yor
selves will graunt them to bee moderate & unbyassed Per-
sons on either side; And if soe, then most requisite that they
should receive that Acco* wch is rendred to them; the same
which I suppose you mean by a suddaine Mutation here;
Collateral and Illustrative Documents 719
A true understanding whereof is as much unnecessary to °; E-
bee declared to unconcerned Persons, as by what Authority (NYSL)
I act & transact Affayres here in this Government, a thing
wch I have never sought to pry into in other Governments; June 14
and why any Acco* thereof should bee required or expected
by you as a Councell I know noe Reason, seeing that I am
not under Obligacon to render the same to any but to his
Ma*'e & my Superiours the Lords Proprietor*, by whose
Ord" & Instructions I act, & shall in an orderly, meek, &
peaceable way endeavour to suppress such who doe most
falsely without either Shew or Colour of Truth repute mee
a Disturber of ye Countrey, like unworthy Persons as they
are; who some I have accused of speaking treasonable words
against his Ma'ie the King, & under ye Guilt of ye Breach of
their Oath of fidelity to y* Lords Proprieto™ & have fatally
ruined their Interest here, & ye poore Inhabitants of their
Province in a great Measure. These have very lately pub-
lished mee by their Writts a Rebell & Mutineer, who am
Proprietor of my (Fathers Interest in this Province; They are
likewise great Disturb" of our Peace, they and only they,
& doe frequently, arrogantly & falsly Declare in New
Yorke that I have done it, because I have taken a Legall
Course to putt a Stopp to their unjust, & unrighteous Pro-
ceedings, greatly dishonorab.le to God, his Matie ye King, &
ye Lords Proprieto"; All wch I can sufficiently prove & make
appeare to y" Damage & shame of the aforesaid Persons,
countenanced, encouraged, & believed by some in New
Yorke; which I take unkindely; And if God spare life, I
will give his Royall Highness an Accomp1 of them by the
first, & after second it myselfe by a Verball Declaracon how
I am used in his Territoryes, as also who they bee that have
appeared like Enemyes to King & Countrey, & perhaps (as
you say) would gladly see Wounds fester into a Gangreen,
720 Province of New York
G- E- & soe become incurable; which God forbidd, & grant that
4: 143 &
(NYSL) I may bee by all Lawfull & just Endeavo^ an Instrum* to
prserve Vnity in the Bonds of Peace; A thing wch I can
June 14 appeale to God (wth a Conscience unblameable) & acquitt
my selfe before all the World, I never did obstruct in any
unrighteous or illegal Way; And it is my hearty and unfeigned
Desire to live in all amicable Correspondence & Tran-
quility with you and all Men. Soe you shall ever finde mee
Your ready Friend
James Carterett.
Elizabeth Towne in New Jersey
June ye 14th. 1672.
®-a^- Lett? from ye Governo? to Cap? James Carterett
(HYSL) of New Jersey. Sep: 18. 1672.
&
1672 I receiv'd yoT. Lett1 by ye hands of Mr Jones; ye Con-
tents were a Narrative of what had past between one of yor
Magistrates & my Marshall; I must confess I have heard
something of that Story though imperfectly; neither did I
give too much Creditt to his Relation, finding him to bee
too much transported, wch I can attribute to noe other
reason, then what hee averrs, his hard Treatm1; Tis true, I
employ'd him to forewarne all persons (that had not that
common Civility in them to desire Liberty of mee,) to cutt
& carry away Hay from Staten Island without my Appro-
bacon; but it seems M? Hopkins (whether in contempt or
Derision) prsum'd to make an Essay, whither the Pro-
priety belong'd to his Royall Highness, or ye Lord Proprietor,
& as my Servant averrs, when that was ye Dispute, hee was
soe confident as to decide it theirs (for that was the Terme)
And upon that Conclusion perhaps us'd him more vigor-
Collateral and Illustrative Documents 721
ously then some undecent Reply of my Servant might °; E-
meritt. (HYSL)
Sr I hope there will not bee an Occasion of a Contro-
___ 1672
versy of the Title of that Place after 8 yeares possession, Sept 18
together with a lawfull Purchase of the Natives, & not the
least Contradiction from ye Lord Proprieto"; but if any
pragmatick Person, out of any Officiousness or sinister Ends
of his own shall intermeddle in that Affayre, I shall assure
him to maintaine my Royall Masters Interest to that Place,
to the utmost of my Ability; Mr Jones brought another
Letter but finding the Superscription to bee Mr Hopkins his
Hand, Hand, with whom I never had any Correspondence
(neither desire I any) I refus'd the Acceptacon. I have noe
more at present, but that I am
Yor humble Servant
N: Y: 18. Sep: 1672. Fr: Lovelace.
Lre to Cap* James Carterett at ®'a*g
ElizabethTowne in New Jersey. 0*YSL)
Hon<? ST
I received yo? Lre of ye 12th of Octob', wherein you seem
to complaine of a barbarous & murtherous Act (as you are
pleasd to name it) cofnitted on ye Body of yor Marshall,
& at ye same time, I am sollicited by M? La Preary, & y*
Deputy Governo* Cap' Berry, who both are in the nature
of Exiles, not daring to returne, the one to ye peaceable
enjoyment of his Estate, purchas'd by his hard Labour
& Industry, the other from Exercizing that Authority of
Deputy Governo' in the Dispensation of Justice, & y*
preservacon of the Publick Peace, according not only to y*
Oath hee stands oblig'd to, but likewise to that Trust law-
fully invested in him by ye Governor Cap? Philip Carterett.
[46]
722 Province of New York
G. E. What to doe in this Case, & to satisfy two different Oppo-
(NYSL) nents might puzzle a greater States man than I prtend to
determine; Yet when I reflect on ye Answ^you were pleas'd
Oct. 13 to returne to that Lett? of ours, wherein (mov'd out of ten-
der sence of the Inconveniencyes & mischiefs which were
dayly growing to ye hazard of ye effusion of Christian Blood,
w0*1 since has hapned, & wee having noe other Ayme then
the peace & tranquillity of you our Neighbo" consonant to ye
Commands of his Sacred Ma"e, who enjoyn'd all Neighbour-
ing Colonyes to enter into a strict Association wth each other,
that then (I say) you were pleasd to have soe little regard
to those our kinde & friendly Proff", as in returne of an
acknowledgm* of those Sentim*8 of ours, you wonderd wee
should concerne our Selves in ye Affayres of yor Governntf
since you never sought it in ours; If S'you continue in those
resolutions still, you have then answerd yor. selfe; Neither
doe I intend for ye future to concerne my selfe wth you in
any Publick Affayre, unless you undeceive mee by shewing
mee a sufficient Deputation from the Lds Proprietor to act
as a GovernoT wthout wch I cannot safely adhere to you as a
Publique Ministf but abstracted from that As you have had
ye large Experience of my Civility towards you, Soe (keep-
ing within that Circle) you shall allwayes finde mee ready
to acknowledge you as I desire to bee by you
Octf 13 1672. Yo' affection?6 Friend
Fr: Louelace
I had forgott to acquaint you that yo? Prosecutor8 attempted
to enter on Staten Isl? in Quest of Mr La Prery, where if
they had found him were resolved to carry him away wthout
my Leave. I shall desire for ye future, you to refrayne that
course, least you constreyne mee to fetch them back from
you.
[LXXVH] Collateral and Illustrative Documents 723
Lett? to Cap' James Carterett at Elizabeth Towne G- E-
in New Jersey. Dated 22'h Octob: 1672. (NYSL)
Before M' Delavall resolv'd to shake hands with Albany
for this Winter Season, hee was Determin'd to kiss yours,
& I have perswaded M? Steenwijck & Mr Nicolls to
accompany him, to try if yet there were a possibility left by
a faire & amicable Interposition to make up those Rents wch
by ye sufferings of some, & ye Asperity of others (if not pre-
vented) will grow past their skill to close; Neither can I
dispaire but by this inconcern'd Interview (on their parts)
but to hope for a good Issue, & the rather in regard M'
Melijn & Baker when parting last from mee returnd to you
with great resolutions of propounding such Expedients for
a Generall Accomodacon as might secure each Party (by
severall Propositions & Conclusions thereon) both of their
persons & fortunes, till the determinative Resolutions of
the Lords Proprieto" might putt a period to all mistaken
Distinctions on either side. S? contrary to my once resolved
Opinion of not troubling either you or my selfe more on
this Subject, I have (upon ye Address of very many of your
Inhabitants) adventur'd to make this last Essay, wch I wish
may prove effectuall, that soe when ever a Transmutation
should succeed between my R: Master & the Lords Pro-
prieto™, I might not present him instead of a peaceable &
well dispos'd Territory (such as I hope to leave) & in
Exchange of that a Land only replenisht with Bryars and
Thornes; Thus heartily wishing you to make a serious
reflection on all the evill consequences that necessarily must
attend these Disorders, & by yor prudence & Moderation
strive to prevent them, that not only the Proprietor8 may bee
assured of their indubitable Rights, but the Inhabit'5 of
724 Province of New York
&:£• their Immunityes & ffreedoms, wch & wch alone is the Cor-
(NYSL) diall Wish of
& — Yo? affecate Friend
1072 •
Oct. 33 Fr: Lovelace
Fort James Octob'
ye 22? 1672.
[Charles II. to Captain John Berry and Council of New
(RYSL) Jersey.]
Charles R.
J67a Trusty & welbeloved, wee greete you well, having beene
informed, that some turbulent & disaffected persons, Living
& inhabiting within the Province of Cesarea or New Jersey,
The propriety whereof wee have granted to our right Trusty
well beloved Councello^ John L? Berkley of Stratton &
sT George Carteret Kn? & Baronet, doe refuse to sub-
mitt & bee obedient to the authority derived from us
to the s? L? Berckley & s? George Carterett as absolute
Proprieto1? of the same, to the great prejudice of the s? L^s
Proprietor8, the disturbance of the Inhabitants, & hindrances
of the whole Plantacon there designed, Wee doe therefore
hereby require you in our Name, strictly to charge & cofnand
all persons whatsoever inhabiting within the s*? Province,
forthwith to yield Obedience to the Lawes & Governm*
there settled & established by the s? L?s Proprietor5 having
the sole power under us, to settle and dispose of the sd
Countrey, upon such Termes & Condicons, as they shall
thinke fitt, And wee shall expect a ready Complyance, with
this our Will & pleasure from all persons whatsoever dwell-
ing or remaining within y? fores'? Province, upon paine of
incurring our high displeasure, & being proceeded ag?* w*h
due severity according to Law, whereof you are to give
Collateral and Illustrative Documents 725
publick notice to all persons that are or may bee concerned Col. MSS.
& so wee bid you farewell (HYSlo
Given at our Cof* at Whitehall the 9th day of Decemfc.
1672. In the 24th yeare of our Raigne Dec. 9
By his Ma*ia> Cofnand.
Henry Coventry.
To o1. trusty & well beloved
Cap? John Berry Dep: Go: of
New Cesarea, or New Jersey in
America, & to his Councell there.
Copia vera, compared with the Originall.
James Bollen Secf.
No. LXXVIII.
PRUDENCE ISLAND — CONTROVERSY OVER
JURISDICTION AND JOHN PAINE.
Commission for Mr Jn? Paine Merch? to bee G. E.
Chiefe Governor of Prudence Island. (VtSL
Francis Lovelace Esq! &c: Whereas I have by Patent 167*
granted & confirmed unto Mr Jn? Paine Merch? a certaine Aug' 7
Island called Prudence Island, & ye Government of the
same as may appeare by the said Patent, Dated the 25th
day of July 1672. & also by another Instrum' for confirmacon
of the Priveledges & Directions or Instructions therewth &
thereunto granted, bearing Date ye second day of this
instant Month, both Sealed with ye Scale of this Province;
And having conceived a good Opinion of the fittness &
726
Province of New York
G- 1-
Aug. 7
Capacity of the said John Paine to bee Governo' &c: of
(NYSL) the said Island to manage the Publick Affayres there, I have
thought fitt to Nominate, Constitute, & Appoint, & by these
Presents doe Nominate, Constitute, & Appoint the said
John Paine to bee Governo? during his naturall Life, Hereby
giving & granting unto ye said John Paine my full power &
absolute Authority amply to act in all things upon the said
Island as Governor as aforesaid; In the managem* of wch
Employmen* hee is to use his best Skill and Endeavour to
preserve his Ma"*8 peace, & to keep the Inhabitants in good
Order: And all Persons are hereby required to yield to the
said John Paine such respect and Obedience as belongs to
a Person invested by Commission & Authority from his
Royall Highness in the Office & Employment of a Governor
& Chiefe Magistrate in the Island afores? And hee the said
John Paine is duely to observe & Obey such Directions &
Instructions as are already given forth for the well Governing
of the Place, or as shall bee requisite thereto hereafter; And
for whatsoever the said John Paine shall lawfully Act or
Doe in prosecution of the Premisses this my Commission
shall be his sufficient Warrant & Discharge. Given under
my Hand & Scale at Forte James in New Yorke this 7th day
of August in ye 24th yeare of his Ma*!68 Reigne; Annoql Dm
1672.
[Francis Lovelace.]
(HYSL) S?
Sept. 9
[John Paine to Lovelace.]
By my Las* from Rode Iseland I gaue yor honor an Ace'
of w* passed relateing to Prudence wherin I met not with
anye thinge vnexpected I desire (If you think fit) that
you turne it not vpon mee but Justyfye you' act as I appre-
hend you may fayrely doe since the Iseland is not named
w
u
w
o
J
oi
O
8
I
c
o
«!
u.
oi
Collateral and Illustrative Documents 727
[in Ro]de Isleland Patten and comprehended in many Col. MSS.
others [of w]ch, Conecticot & by the Anrient Patten of (NYSL)
Lord Starlins w?h the duke makes Claime to so y' though
Rode Iseland Patten be before N. York, not before the Lord Sept. g
Starlins w^h the Duke also hath, besides ther Patten Righ'
was neuor demanded at ye Iseland or of mee or any Possessor
of ye Iseland In any place or at ani time though yy Elegaly
Constrained vs to pay toward I know not w' Publiq Charges,
when I said Justyfy yor Act If you thought fitt, I desire
not If you think it may anj wise reflect vppon you honor
as granting w' may not be within yo' compas to maintaine y*
it shoold appere to them what is granted or don for I both
haue & can keep it from ther vew, but then be pleased to
Send mee a Line Vnd* yor hand to Suspend ye puting it in
force vntill Spring next Since the time when or firs* Cort
shoold abeen held for this present yeer was Relapsed before
ye Patten was granted & I woold not be constrained to begin
In Octo^1" & no time being fixt yor [Hon]? may appoynt y' to
be the time (Vid) Spring next & [if t]hey doe know that it
is not to bare force til then it wil much amase them for yy
wil conclude by that you will haue ful satisfaction from
England about it & though I hold it to mean an action
And too base a Pollicie to be an aduiseor or abetter vnder-
hand to Indea * y™ y' are jnclined to Subuert the? Gouermen
y* I heard it was whispered amonges* y? ther Last Election
& Som of y' wiseones that they thout it woold be ther
best & Safest way to put ther Patten vnder the Duke &
they are deuided in many parties & If you Sh[ould wrijte
to y1? that I may Shew or giue ym If need require Somthi[ng
of] purpose that what you [have underjstud comited to mee
you wil bare mee out acting theri[n] [mutilated] [t]ime Shall
[mutilated] to [mutilated]* therin in ye meanwhile ther com-
1 Apparently " endear " is meant.
728 Province of New York [LXXVHI]
Col. MSS. plyance or deuition5 [shall be] [mutilated] aduantag? Since
(HYSL) they shal be kep* in Ignorance [of the mat]tar you [mutilated]
wil haue it [Sin]ce I am bould t[o] [mutilated] desirfe], [muti-
Sept. 9 lated] Raise many [mutilated] ther way I [h]ope [mutilated]
att[en]d ye Powder [mutilated] acquaint mee with th[e]m as
you intended [mutilated] or two & for m? Lara [mutilated] att
Seuen pound ten [ye] baril monj al good, [mutilated] of newes
[mutilated] [fjirnished w'.h y? best wee haue
YO? hon" [very] humble and ffaithful ser[v]'
Sep*. 9. 72. Jn? Paine
Endorsed:
To the Righ* honr^' Frances Lovelace
EsqT GovT In Gen", of all his highnes
Teritories In America —
Thes
Col. MSS. [Paine's Report to Lovelace concerning his Trial.]
(HYSL*
Jn? Paine answ" not Guilty & referrs to ye Court & Jury
& Pleades.
1672 Gen* of y* Jury you know y?r Place & duty, you attend
and to ye Law & Evidence, You are y? Subjects Preuiledge, his
Majlte desires not y? Extreamity of Law or euidence to be
improued against (but all jus* fauor to) his Loyall Subject.
I am Indicte"? for takeing out a Patten, y* I neuer did, nor
is it in my power to doe, nor haue I been y? prson to act
Such a thing, nor is ther any Evidence y* I haue Rec? Such
a thing as a Patten Or Cofnission but heresayd to Somthing
relateing to Some wrighting or Comission but how Limeted
to ye time, or other Condicions no man Saw nor red Such a
thing, but in Some part, as one Ses, Good Sweet, whome I
woold he were here to cleer & Explaine himself. & no one
Collateral and Illustrative Documents 729
Evidences, w* this wrighting was from y? authority of New
York, that it had y" Seal, or ani Confirmacion of y* Goverm' (irifSL)
they besides, are Single Evidences; But were thes Evidences
full & clear, as they are not, that I had (vppon demand of Oct. 29
authority) by virtue of a Patten from his Maj'ie, makeing the
first demand of mee, Rec? or accept"? of a Patten, to Subject
to ye Kings authority this distinct Place & Iseland, no man
Evidence, that I haue Subjected it, nor haue I don any act,
nor is ther ani evidence y* I haue, nor is y' ani evidence y*
I haue in any measure or way Contemned authority. Nor
was thee Claime of this Jurisdiction Ever made to mee till
now, notwithstanding I constantly & all wayes refuseed to pay
Rates, demanding by what authority It did appere y* I was
obligeed therto. & for m* Bostons Saying I desired him
Exicution migh* not proceed, I did only desire it might
proceed then Vppon Som Estate migh' apper of mine In the
Towne, to Saue chargees of officers going over If y* hee
woold take it And to yo' Law, which I neuor heard er now,
touching any inhabitants Subjecting his Landes, I neuor
was acquainted with Yor Law, nor was an jnhabitan', or
{Freeman or so looked vppon y' I know, nor euor had warning
or notis Since I was (for about 15 yeers) concearnd in y*
Iseland of anj apperance, or Towne, or Collonyes Concerne
In this Jurisdiction. & an Iseland so remote as y* Is, I may
Refer itt to all Reasonable men how I can be reputed a
breaker of the Law, or Contemneor of an authority which
as often as I haue been at this Iseland did neuor desire mee
to Submit to this authority by ther Patten deriued to y?
from the King", nor neuor sent officer to Proclaim yr- author-
ity on ye Iseland, or declare mee to be vnder them, or warne
mee off ye Iseland to appere at ani time or jn ani place
or Publiq meeting to be Informed thereof. & let it not bee
offensiue If I remind you Gent [that] as I haue neuor heard
730 Province of New York
^ am ^aw to condenme a man tha[t is] but passiue, and
(NYSL) no wise actiue, for haueing a wrighting & Cofnission in
j6 his hand If it were taken for good w* Evidences haue Sayd;
Oct. 29 That on ye Contrary ther is Law to Cleer mee. for in the
Nov. 4 next Artickle In the [Pa]tten to that of ye boundaries as I
humblely doe conceiue his Maj'e of If hee had foreseen
Some differences likely to arrise between this & his other
Colonyes doth graciosly of his Paternall care preuent this
Colonyes assumeing ther Power In away of Violence or to
the Oppression of his Subjects by his Express Will & Pleasure
Signifying to this Colony That that Shall bee ther way of
Proceed In matters of a Public^ Concearne y* hath relation
to any of his other Collonyes that they appeal to himself
for a Redress This Is a matter of a Publique Concearne not
my private difference I desire & shall Indeavor a Complyance
Jn? Paine
In Court deliuerd ye 29 of Octobr 1672. a true Coppie as
attest Jn? Samford Record?
This was putt in to Court after
dinner. & in ye Place of the other
Paper by mee Collected where
ther is y? mark Jgf" in y? Marjen*.
f it <t
Hond Sr
I haue wrott half a Letter more must reffer you to the
next appertunity which I expect wil be Cap* bedlo In a few
days by home I hope to giue you better sattisfaction of yor
more p'dculer bisnes I humbley Kiss yo' hand
& Subscribe ST. yor ffaithfull
Serv^ Jn? Paine
Prudence Iseland N? y? 4?h 1672
[LXXVEU] Collateral and Illustrative Documents 731
[Trial of John Paine.] Col. MSS.
Right Honorbl WSL)
I coold not in duty Omit this my firs* Opertunity* to
acquain' yor hon? with the Courts proceeds against mee [JTovemberi
at Newport. In the Las' you had accoun* of ther binding
me over to ye Court & a Copie of my charge & my bond
the next is my Indictm1,
I Indict Jn? Paine of Boston March? for y? y? Sd Jn?
Paine hath pcured a Patten fro™ ye Goverm* of New York
for Pruden[c]e Iseland being a part of this Colony which act
of his is against the hon* Crowne & dignity of his Maj|ie &
absolutely against his Maj" gracios Grant in his Letters
Patten to this Collony & also a highContemp* of ye authority"
of this Colony. Edwd Richman Gen" Solicetor
Dated at a Court of tryalls held at Newpor? Octo? 23 : 72. £' f°rsw? yt
Attest*? by ]n° Samford Recorder. Liberty of Paines y« Jury arc
excepf against ye Jury Record? the sd mr Jn? Paine being
bound to y? Court apperes & the Indictm* & charge to him
being red & asked Gilty or no* Gilty Pleades not Gilty: the
Dep4 Gov' & mr Attorneys, Speech, & pleas 'against Jn?
Paine & his answ" as he hath to y* best of his vnderstandeing
Collected. M' Paine wee Looke at you as a quiet & In-
genuos p^son & beleue you haue don this as being Ignorant
here the Law, Recordr the Gen? Court of Comissionr8 held
for ye Collony at Warwick Novem' 2d 1658. To preuent
Inouacion in ye Goverm* & libertyes of the Collony from
forraine Power, it is ordered That If ani p'son in this Collony
doe putt his or ani part thereof y' are within this Collonyes
boundes vnder the Goverm' of ani other jursidiciion, or doe
indeauor actually to bring on any forraighne Power to
Governe in any part or parts of this Collonjes precincts,
the Penalty for either of thes offences afforesd shall be that
y" offender shall forfit all his Landes & Estate to the Col-
732 Province of New York
Col. MSS. lonyf The jury haue not yo' case & If y* you acknowledg6
(HYSL; yower Ignorance & Subject you shal haue w* fauor may be.
j6 Paine I doe acknowledge my jgnorance. I neuor knew any
[November] of y« Lawes of this Collony neither haue I been Concearned
with them or with ye Patten of this Collony m^ Boston one
of ye honr bench answerd y* about 3 yeers Since giuing him
a Vissit I desireed y* a Rate wcl? ye Towne of Portsmouth had
lay'd vppon mee, migh* be forborne & I Answrd his worship
had forgat ye passage, I gaue him a vissit & after Other
discorse desired that ther might be a little Suspending6 of
the officers being Sent to ye Iseland to take it ther & to Saue
my great damage y* woold therby accrew I woold ord?
Som notis to be giuen y1? or shoold haue Some Estate of
mine in Rhode jseland which they migh* Laye hould of
if they woold take it. M? Boston owneed thes were the
words as nere as he coold remember or to this same purpose.
it was replyed In Cour* ye ther was Rates Several times
payed by mee I answerd I had neuor paid ani but alwayes
refuseed & had [d]emande[d] by w* authority6 1 was obliged
to pay any, but neuo' was Informed & did then In Court
call Jn? Smith & W? Allin wh[o] had liued vppon Prudence
(longer then from ther firs* demandes of Rates) as my
Tenants to testyfy that I neuor payd to ther Knowledge any
Rate but being Informed of the demandes, did order y1?
all wayes, (& forwarne yf) to pay anything Excep* they
took it by Authority, for I knew no Reason of ther demand,
nor y* I was Concern*5 with ye Collony anywise, the Bound-
aries of y6 Collonj are here vppon causeed to be red wf1
when I heard I did redyly acknowledg6 y* that Patten as
it did by its Gen? boundaries comprehend (excep* ffishers
Iseland) all Iselands Inclusiuely within such limetts So it
jncluded this. Mr Attorny GenB Pleades to y? Patten to
y6 Law of y6 Collony before Recited, to my breach thereof
Uxzvm] Collateral and Illustrative Documents 733
and contempt therby & the Penalty. I Pleaded Ignoran" CoL MSS.
of ye Laws of this Collony? of the Patten, & of being Con- (HYSD
cearned In Either — Dep' Gov' If you haue yor Answr in
wrighting you may giue it in. I Answ* If it may Pleas y* [November]
Cour* I haue Collect1? w' I apprehen*? Sutable to help my
memorie, & saue rime, but it is a Ruff draft blotted & jnter-
line"? I shal soon draw it ou' If ye Cour* Pleas. [L]' Gov'
ye Court hath no other bisnes now it wil hind' ye Cun[try]
JP: Plead5, & urges it, as a part of the essense of a Law, y|
a[l]though Expressed to be made & in acted by Legal author-
ity & written yet is no act or Law or hath y? Force of a Law
vntil Promulgacion or Proclamacion & as Proclamacion is
an Inseperable adjunct & part y? Essense of a Law, so are
rime Place & Proclamacion Inseperable Adjuncts & p'
of y? Essense of a Patten or Comission y* giues y™ being &
without which they are but ded wrightings but I haue not
Proclaimed any Power neither haue I acted by any nor is
ther euidence y' I haue don it. I haue been Passiue as a
Priuate prson y* must Obay & shall to home I stand most
justly Obligeed & for Contempt of this authority* I canot
charge my Self with it It were ill becoming a Gent: or ani
prson of Cofnon Reason or Educacion to contemne authority
I acknowledg8 his MajV* authority to be of a more Sacred
nature then to Contemne it. Dep* Gov' You herein owne
not yo' Subjection to yl Jurisdiction I am a Priuate
Person, & passiue, it is not my duty to d[ete]rmine ye Right
of Jurisdictions for anj difference of y* nature [ajpprehended
as adveaning it is of a Publicp Concearne a differenc[e]
beetween ys Collony & y' Collony of New York, not mine,
or in my [sa]yd Power to Resolue or Issue, I can but be
passiue & doe desire yr. [sh1?] bee a Composure. Dep^ Gov?
Record^ Read ye oath or Ingagem' [as] S? [in] ye Law of this
Collony: Paines demand"? If he wil take it Answrs [I a]cknowl-
734 Province of New York
Col. MSS. edge my Loyalty to his Maj*e & to his Lawes freely & can
(HYSL) freely take this Ingagem* here prescribeed with this caution
that it prejudiceth not me or my Conecarnes in ani other
[November] of his Maj*** Collonyes, though I am no jnhabiten* or free
man here. No Prouiso Is admitted. So furd^ addes. I
haueing heard that Seuerall Collonyes demand's Prudence
Iseland vnder ye Generall name of an Iseland by ther Patten
boundaries & it haueing been Demanded first by virtue of
his Royall highnes ye Duke of Yorkes Patten which was
in part red to mee & ye Patten shew"? mee to reed jn which
Patten his Maj'e hath Graciosly Confirmd the Lord Starlins
Patten & right's allso which are ye most antient of thes
Collonyes & takes in all Iselands in Gen? allso, to ye west-
ward of Capecod, not nameed. I doe not See how I can
Reasonabely or Safely act furder but rest passiue. Dep*
Gov* haue you been Comanded or Obligeed before now, to
act by y* or ani other Power, or to y* purpose. A. then I
haue disobayd & I woold not willingly bee disobedien* to
ani authority deriued from his Maj*e Dep* Gov* you haue
great fauor, & freedom to plead I acknowlege ani fauor of
ye honrd Court, the Court adjornes for an howre til after
dinner. The Court is Sett, Paine, apperes, offers whfat hee]
hath drawne up for ye Jury, y* red it is deliuerd ye Jury,
the [Jury] deliuers ther verdict Guilty. ye Court demands
haue you anithing furd^ to propose. Paine. I desire ye honrd
Courts Charitable thoughts of mee I think it not So good
Sattisfaction to ye Court or So just or honorble for mee since
the jury hath passed & I may make no furder Plea to my
Indictm' that I add to what I haue Sayd vntil the Court hath
passed ther sentance but that with all Submissiuenes I owne
authority & Shall Indeauor w* lyeth in me to doe or propose.
Dep* Gov' the Court shews you all ye fauor & previledg6 is
Sutable &c and you may take yo' Liberty vppon y°* Promise
Collateral and Illustrative Documents 735
to apper on ye forth or fifth day wee Suppose you to valew CoL Mss-
, j 7 , J 22=139
yor word doe you promise apperance. I doe promise to (HYSL)
appere & I valew my word more then a bond On the fifth
day y? Court Setts. Paine called apperes, the Sentance is Red. [Hovember]
The Court doe Pass yr Judgem* y* in This case m' Jn? Paine
hath transgressed ye Law of this Collony & doe Sentance
him accordingly Only Doe suspend y? Exicution vnril y"
Generall Court of Tryalls in May next at Newpo*
Jn? Samford Record'
y? Court Expreseth y1. fauorable dealing & make no
furder demands of Paine. Paine An™ I acknowledge y*
Courts Respects & favor & y* they haue delt wisely in
giueing this Oppertunity for a Composure of this difference
which I shall Indeauor hartyly. this Answ? was well Recd
& Paine took leaue of ye Cour*
Addressed:
To the Right hono'Ie Frances
Lovelace Gov* in Genera"
of his R: Highneses
Teritoris Jn America
P? m*. Jn? Browne
Q.D
Endorsed:
Mr Paines Ire
& narracon at
large to the Go-
vorno^ about his
Tryall at Rhode
Island. in
Oct' or Nov? 1672
736 Province of New York [LXXVHI]
°. f • Lre from ye Governo* to Mr Holmes of Rhode Island.
'
(HYSL)
M? Holmes.
1672/3 I receiv'd yo^ kinde Letter by Mr Barker, & yc same good
Wishes you sent mee, I returne to yor selfe the like, if God
please to accept of them. You may bee certaine that I shall
not bee wanting to you for a Lott on Staten Island, but
withall you must bee contented as both yor Son & others are;
you will perhaps smile when I shall tell you I may see you
this Spring at Road Island; & truly if my Purposes bee not
interrupted by any publick Affayre, I intend to visitt those
parts I have lately assumd under his R: Hs Protection;
that is, Martins Vineyard, & Nantuckett. for Prudence,
though absolutely tis compriz'd under his R: H? Patent, yet
I will not soe asperously press it without a Calme Discourse
wth the Patentees of Rhode-Island, and after that too,
fairely to referr it home to his Ma"e on his Royall Highness
behalfe; In the meane time tis an Astonishment to mee to
see the Proceedings soe sharply prosecuted by those in
Authority w*h you against Mr Paine, knowing that in a
Case disputable, the inferiour must submitt to the Deter-
minations of those above him. In the Interim I desire
only to bee understood as one whom his Duty obliges to
assert his Masters Interest, & that not frowardly but
peaceably & amicably, knowing that my Results at best
are noe more valid then as they receive Approbation from
my Royall Master. I have noe more at this time, the
Opportunity of the departing of the Vessell not suffering
me to launch on further. I only have time to wish you
length of dayes & happy ones, & an Assurance that I am
Yo? Loving Friend
Fr: Louelace
Fort James Mar
ye IO*1? 1672.
[LI-IK] Collateral and Illustrative Documents 737
No. LXXIX.
WAR DECLARED WITH HOLLAND.
New England to proclaime the Warr. * (HYSL)
Charles R
Trusty and Well beloved Wee Greet You well. Haveinge .l6?2
found Our Selfe Oblidged for the just Vindication of the
antient and undoubted Rights of Our Crowne, and for
reparation as well of the many affronts and indigneties
done to Our Royall person and dignety, as of the frequent
wrongs and injuries done to Our Subjects by the States
Generall of the Unitted Provinces to declare Warr against
them, Wee have thought good hereby to give you Knowlidge
thereof Willinge you forthwith upon Receipt hereof in the
ussiall manner to cause the said Warr to be proclamed within
that Our Collony accordinge to Our declaration (Copies
of which Wee have directed to be herewith Sent you) and
that at the Same time you cause Seizure to be made of all
Shipps goods and Merchantdizes belonginge to the Said States
Gener" or their Subjects. And because Wee have reason
to beleive from the Constant evill minde they have been
alwaies knowne to beare to Our fforreigne Collonys and
Plantations, and haveing lickewise understood that a Con-
siderable Number of Privet men of warr, are now prepareinge
in Holland and Zealand to be forthwith Sent into the West
Indyes to infest and annoy Our Plantations there, Wee thought
1 The file copy of this document is lacking in the archives of New York,
hence this text is presented from a Massachusetts copy, now in the New
York State Library.
[47]
738 Province of New York
(HYSL) fitt Out of Our Princely Care and Regard to the Safety of
l672 these remote Parts of Our Dominions, and for the Secureinge
APr- 3 of Our good Subjects Inhabitinge there, or tradinge thither,
to recomend it to you, as Wee doe by these very perticku-
larly forth-with to apply your Selves jointly to Consider of
the Condition thereof and by all the Speediest and most
efectuall meanes you can early to provide for its Safety
and defence, and for the Protection and Security of Such
Shipps and Vessalls as Shall be from time to time Rideinge
in the Roades and Harbo" there, from the Assaults &
attempts of the Dutch. And pertickularly Wee thinke fitt
to repeate Our former Orders to you, that all Such Shipps
which Shall come thence be Enjoined to Saile in Considerable
Numbers for their Cofnon Securety, and that then and even
dureing their Stay there it will be fitt Some of the most
Experienced officers have Authorety given them to Comand
the rest Wee have thought fitt hereby to Authorize & em-
power you to doe therein, what accordinge to this or any
other emergencies Shall apeere to you to be most for the
Safety of Our Collony, and Navigation of our Merchants,
and further that in all other Matters Relateinge to the Juris-
diction of Our Most Deare Brother the Duke of Yorke Our
High Admjrall &c. you Observe such Orders and directions
as you Shall from time to time Receive from him, whome
Wee have Comissionated to grant Letters of Marque and
Generall Reprissalls against the Shipps goods, and Subjects
of the States of the Unitted Provinces, Conformable to which
Our Will and Pleasure is, that you take and Seize the Shipps
vessells, and goods belonginge to the Said States or any their
Subjects or Inhabitants within any their Territories, and to
bringe the Same to Judgment and Condemnation accod.
to the Cource of Admiraltrie and lawes of Nations. And
these Our Letters that You Coinunicate to the rest of Our
Collateral and Illustrative Documents 739
Collonys Your Neighbours, Our Pleasure beinge that with
all care and applycation possible they arme them selves
against the Dangers which threaten them in this Conjuncture APr- 3
from Such an enemy, and proceed accordinge to these Our
directions, and Such as they Shall receive from Our Said
deare Brother, assureinge them and all our Loveinge Sub-
jects in those parts, that Wee shall not be wantinge on our
Part, on all occassions to helpe, and Succour them to the
Vtmost of Our Power and to Contribute all possible meanes
for the Securely and improvement of the trade and Cofnerce,
and Soe Wee bid you farewell. Given at Our Court at
White Hall the 3d day of Aprill in the 24 yeare of Our Reigne
By his Maj^' Comand
Ahlington1
These
ffor our Trusty and Well beloved the Governo?
-ind Councill for Our Collony of the Massachusetts
To
Bee Comunicated to the Other Collonvs there
Endorsed :
Copie of his magisdes
Letter about ye dutch war
to be pclaimed &c dated
ye 24th yeer of his magisdes
raigne, ye 3d of Aprill
[Lovelace to Winthrop.1 G. E.
4:148
Forte James ye 26th June 1672.
Deare S?
I recd 2 Lett" lately from you of May 2d & June y" lfh 1672
together wth his Maties Declarations, & severall Gazetts,
1 Arlington.
74O Province of New York
G« E- for all w°h I must acknowledge my selfe yor obsequious
(NYSL) Debtor; the Substance of most of it had arriv'd mee before,
only I very much long'd to have a Sight of his Ma*'-63 Declara-
June 26 con against the Hollander, in regard I beleeve upon that
prsumption the Govern' of Boston caus'd open Warr to
bee proclaim'd against the Dutch, I must confess I am not
skilld enough to determine whether it bee proper, on a
Declaracon only to use ye fformality of denouncing Warr;
Proclamacons (wch allwayes are accompanyed wth Directions
to ye particular Offic" to putt what is therein specifyed into
Execution) have been ye practicable way; soe that being a
little in Doubt I have suspended ye formality till either I
receive Advertisem*3 from England (wch I dayly expect)
or till by ye practice of our Neighbo1"5 they resolve my Doubts,
of wch I principally desire yo? Opinion.
By Lett?3 I receiv'd from Holland I am assur'd of the
seizure of all our Vessells, that were unfortunatly in their
Fortes being 4 in Number, viz* my ship ye Fame, Mr Dela-
valls ye Margarett, Mr Stenwijck ye James, & Fredrick
Philips the ffredrick; They are as yett but under an Arrest,
being not proceeded soe farr as to a Confiscacon; Wee hope
ye 32 Article of Agreem* at Breda, will secure us, there being
a particular Provision made against ye Inconveniency of a
suddaine Rupture by allowing all Subjects 6 Months Liberty
to withdraw their Estates after a Stroak is strook; However
wee must attend wth Patience. About a {Fortnight hence
here is a very good Ketch design'd for England, wch I shall
dispatch with a Pacquett to his Ma'je & my R. Mastr; I
thought good to advertize you of it, that soe (if you were
desireous to send) you might finde a suddaine Opportunity.
S* there is 4 Persons within 2 dayes runn away from hence,
the one is a Covenanted Servant to Mr Garland (who brings
you this, the other is deboysted away by ye rest, being my
Collateral and Illustrative Documents 741
own Cook, Isaack Ratt by Name, who is notoriously marked G- E-
haveing the use butt of one hand, ye left being splitt in two, (NYSL)
hee is of a light brown Hayre, & in gray Cloaths, but ris
possible hee may change them, for hee had Variety; If hee June 26
happen in yor Jurisdiction (as hee is gone that way in a
Canoo, pray lett them bee stopt & sent back, & I (will wth
thanks,) satisfy what Cost shall arise on it.
Truly Sr if there bee not some severer Course pracriz'd,
Mast?5 will neither bee able to keep their Servu, nor Offic"
their Souldyers. I can reckon 9 or 10 of our Souldyers that
lye lurking in your parts, though I am very well assur'd
wthout yor Privity. Pray assist mee to yo' power at this
time in my Cooke, & you will lay an Obligation on mee to
acknowledge my selfe
Yor affecat.e Servant
Fran: Louelace.
To ye Honble John
Winthrop Esq? Govern?
of his Maty-es Colony
of Connecticott.
Letter to S? Jn? Heyden K4 Governor G- f.
J J • 4: 167
of his Ma*ye* Island Bormoodos. (BYSL)
Sr
Not only my naturall desire of prserving a Correspondence
wth you is alone the Subject of this Letter, but haveing an
Obligacon of a more transcendent nature on mee, wch is his
sacred Ma'ies Commands, who by a particular Letter has been
pleas'd to Declare his Will & Pleasure, that I should make
a Publicacon of a Warr between him & ye States of y8
Vnited Provinces, withall that I should take Care that these
his Determinacons should bee communicated to ye rest of the
> This recorded copy of the letter is not dated, but from its position in the
volume appears to belong between July 16 and 18, 1672.
742 Province of New York
G; E. Neighbouring Governo" of any of his Maties Colonyes in
(HYSL) America, to the end his Ma*'.es Commands may bee solemnly
observ'd, I have taken this Opportunity to advertize you
julyj thereof, and withall sent you here his Declaration, wch I
have proclaim'd as ye Bearer hereof Mr Reyton more
particularly can relate, whom since I have mentioned by
Name, I cannot slipp my Penn without that just & worthy
Character hee merited dureing his Abode in these parts, who
being on his returne to you againe leaves us doubly aggrievd,
first for his Loss, next that this unhospitable Soyle had noe
allurement to prompt him to a Cohabitation with us.
By a Ship that arriv'd here from Fyall, ye Master confidently
averrs of a Peace between his Matie & ye Dutch, ye Intel-
ligence being brought thither by an Eminent Comander
(next in Dignity to ye Governor) who brought it from Lisbon
& was not 14 dayes under way, soe that it may now amount
to neare two Months I prsume this is as fresh Newes as
comonly can bee expected from Europe, & soe probably
true; wch God grant as a means to stop that Effusion of
Christian Blood ye brandisht Sword is now like to draw.
Sr I have nothing more worthy to present you with at this
rime, only to assure you on all Occasions you shall finde mee.
Sr.
Yor very much affectionate
and humble Servant
Fr: Louelace
O. E. Instructions for Cap' De-Lavall & Mr Steen-
(NYSL) wijck, at their goeing for Albany July ye
i8th. 1672.
Gentlemen.
Tul728 Forasmuch as you are sufficiently acquainted wth his
Ma4'?5 Resolutions of prosecuting a Warr wth ye States of ye
Collateral and Illustrative Documents 743
vnited Provinces, as appeares both by his Publisht Declara- ®- E-
4:170
con, & likewise by his particular Lett" directed to mee to (NYSL)
bee communicated to you, wch said Letters & Declaration
you shall carry along wth you for your better Guidance & July 18
Instruction, You are in the first Place after yor Arrivall to
cause ye said Declaration to bee solemnly proclaym'd, by
what fformality you shall conceive to bee most effectuall
according to his Ma1'.*8 Intention & good Pleasure.
You are likewise to see that ye Forte and Militia bee putt
in that posture as may best secure themselves against the
Attempts of any Enemyes to his sacred Ma'!" & his Royall
Highness either publick or private.
If you finde their ffeares too great, you may assure them
an Expedient shall bee propounded, as will infallibly
secure their Doubts by locking up ye River soe, that noe
ffbrce shall bee able to attack them; to that end I propound
this; In my Travailes I have observ'd (wch I desire you
to take a more strict observation of ye Scituation as you pass
that way) at Antonio's Nose upon the West Coast there is in
a Corner a Piece of Ground well water'd, low, & very strong
by nature, where if a Block-house were but erected, & a
Breast worke cast up to make a Battery, & but 4 Gunns
planted there, It would stop ye Passage of any Vessell or
Vessells from passing up the River, ye place lyes in an Angle
wch ye Stream makes there, & ye Current setts on that Shore,
within less then halfe Pistoll Shott; This fforte being supplyed
but with a douzen Men from Albany & Esopus to manage
ye Gunns & to afford some small shott, must of necessity
give a Stopp to any Vessell from attempting their Designe,
if this bee not thought a proper Place, any other may bee
pitcht on on ye East side of the River in the High Lands;
Provided ye Scituation bee naturally low & capable to Erect
a Battery & well water'd.
744 Province of New York Lxxix]
/ i i
G:^'0 You are to use yor best skill and Industry to bring the
(NYSL) Inhabitants to a complyance to a voluntary Contribution
towards ye Reparacon of this fforte their Mother & greatest
July 18 Concerne, & you are to acquaint them of ye readyness of
these parts & what Diligence is used to compleat the
same.
You are to call for the Ordrs made when wee were last
there, & to see what is executed, & if any thing happen anew
to heare and determine it.
What is here directed for Albany you may comunicate to
the Esopus, still leaving the manner & method to your
prudent Determination.
Lastly as soon as conveniently you can dispatch yo1 Af-
fayres both publick & private I shall desire yo? speedy
Returne to mee againe, you well knowing how much I am
destitute in your Absence of any helps, And soe God send
you a prosperous Journey & Returne.
[Francis Lovelace.]
G. E. Warrant to Cap* Salisbury to make seizure
of all Dutch Goods & Estates at Albany.
Tu?7i8 These are to Authorize & appoint you that wth all con-
venient Expedition after his Maties Declaracon of Warr
against the States Gena." of Holland shall bee proclaymed at
Albany according to the Directions in the said Declaration
sett forth, you seize upon and secure soe much of the Goods,
Chattells, and Effects belonging to any of the Subjects of
the said States as is in the hands of any of the Inhabitants
at Albany or parts adjacent, and that you render mee an
Acco* thereof, soe that farther Order may bee taken therein,
& for soe doeing this shall bee your Warrant. Given under
Collateral and Illustrative Documents 745
my Hand at fforte Tames in New Yorke this i8th day of G- E-
J J 4:181
July 1672. (NYSL)
[Francis Lovelace.]
To Cap' Silvester
Salisbury. These.
Lett? from ye Governor to ye Offic1? of G- E-
. 4- 187
ye Militia upon Long-Island. (HYSL)
Gent
Having an Assurance of yo* great Care and Vigilance for T*f 7*8
the prservacon of the peace & safety of the Countrey in yor
severall p'cincts, I thought to have freed you from the trouble
of this Letter, since soe lately you have by publick Proc-
lamation been adverriz'd of y* great Revolucons now in
Europe, & his Mat'" Gracious & Paternall Advice to us
how wee should comport our selves now in these boysterous
times, wherein great part of Christendom is engag'd in Arms;
To ye end therefore that his Ma"-*8 Princely care of us may
bee return'd by all due Obedience to his Royall Will &
Pleasure, You are to follow these Directions.
First, That you make an Exact View of ye Ability of all
Persons that are able to beare Arms according to the quali-
ficacons specifyed in the Booke of Lawes.
Next, That an Offic' bee appointed to view their Armes
at their Houses, (there being great Deceipt practiz'd at
Musters in borrowing of Arms) & to see that they bee well
fixt, wth a proportion of one pound of Powder at least, &
two pound of Shott.
Lastly, That yc severall respective Command" draw out
their Companyes to Exercize, & that a due Watch bee
Establish! to give notice of the Approach of any Enemy if
it should soe happen.
These things being duely observ'd by you (of wch I expect
746 Province of New York
G- E- a due and speedy Acco* I question not but to render a good
(NYSL) Accompt of yo* safety to our Royall Master, who will bee
well pleasd to heare of your readyness to oppose ye Enemyes
July 28 of our Nation, in wch honourable Vndertaking hee is already
soe deeply engag'd. Thus having noe more to recommend
at present to you, I take Leave of you, & bidd you heartily
{Farewell.
Yor assured Friend.
Fran: Louelace.
Forte James ye 28. July
1672.
To ye Justices of ye Peace, of the
East, North, & West Ridings of York-
shire upon Long Island, to bee commu-
nicated to ye Captains, & other Offic™ of
ye Militia, within their Precincts.
G; E- A Warrant directed to Cap? Nicolls concerning
(HYSL) the Militia of Horse upon Long Island.
1672 Whereas in this time of Warr, It is requisite that the
Militia both of Horse & ffoot should bee carefully lookt
after, soe that upon any emergent Occasion they may bee
in a readyness for immediate Service, These are to require
you, that you give Ord' to yoT. inferiour Offic" That they
make Enquiry how ye Troopers under your Command are
fitted & provided; And that some time the next month you
cause them to meet together at a convenient Rendezvous
upon Long Island; giving them charge to appeare wth able
Horses, Armes well fixt, & ffurniture thereunto belonging,
wth a convenient proporcon of Ammunition, and that you
render mee an Accompt in what posture they are; And for
Collateral and Illustrative Documents 747
soe doeing This shall bee your Warrant. Given under my G- E-
hand this [blank] day of [blank] 1672. (HYSL)
[Francis Lovelace.]
To Cap* Matthias Nicolls. [August?]
These.
Commission granted to Cap* Salisbury & others,
empowering them to seize upon all Goods or
Merchandize appertaining to any of the
States Gen?11 of ye Vnited Provinces.
Whereas in Obedience to his Ma"" Declaracon, wherein Q^7*
it is expressly enjoyned that ye Goods & Effects of the Sub-
jects of ye States Gen'11 of ye united Provinces in any part
of his Ma*'.*" Dominions should bee seized upon & secured,
I did issue forth an Ord* to Cap' Salisbury commanding
him to see ye Contents of the said Declaracon putt in Execu-
tion at Albany & parts adjacent, the wch in part hath been
there already done by him; To the end that ye true Intent
& Meaning of his Ma'?3 Declaration may bee more effectu-
ally prosecuted, & that what Estate soever more there can
bee made appeare really & bona fide to belong unto
the Subjects of the States Generall afores"? now in Open
Warr & Hostility wth his Matie may bee secured, I have
thought fitt to nominate, constitute, & appoint, & by these
p'sents doe hereby nominate, Constitute, & Appoint Cap'
Silvester Salisbury [blank space for additional names] to
bee Commissioners(of ye wch Cap' Salisbury to bee Presi-
dent & have a double Voice) to make Enquiry & In-
spection into all such Estates, & the same to secure in the
hands of the persons w*h whom they shall bee found, not
to bee disposed of untill his Ma''."8 or his Royall Highness
his Pleasure shall bee farther known therein, & that any two
748
Province of New York
[LXXX]
G. E.
4:227
(NYSL)
1672
Oct. 23
of ye Commission", the President being one, or three of the
others in his Absence shall bee a Quorum to Act by vertue
of this Commission; Hereby giving unto yesaid Commission™
Liberty to Administer an Oath unto any person or persons
for ye clearing & discovery of the truth (wch Oath they are
hereby empowered to give) & all other lawfull Act & Things
to doe in prosecution of this my Commission, for the wch
this shall bee to them or any of them a sufficient Warrant
& Discharge. Given under my Hand & Sealed wth the
Seale of ye Colony this 25th day of OctoM in ye 24th yeare
of his Ma".*5 Reigne, AnnoqJ Domini 1672.
[Francis Lovelace.]
No. LXXX.
SCHENECTADY — TRADING WITH INDIANS.
G. E.
4:84
(NYSL)
An Ord? prohibiting handling wth the
Indyans at Schanechtide &c:
1671/2 Whereas It hath not been found convenient that ye Trade
Jan. 9 »
of Handling wth ye Indyans at Schanechtide should bee per-
mitted or tolerated, for that it may prove a great prjudice
to ye Towne of Albany; And Complaint haveing been made
unto mee, That diverse small Partyes of Indyans doe come
privately to Schanechtide, wth whom diverse of ye place doe
prsume to Trade & handle, notwithstanding ye severall Ordrs
to ye Contrary; ffor yc prvention whereof for ye future; These
are to Authorize & Empower Capt Sylvester Salisbury Com-
mander of ye fforte at Albany, & Schout there, & in ye
Places adjacent, as hee shall have Informacon, or shall see
Collateral and Illustrative Documents 749
Cause to make Search & Enquiry in any suspected House G; ^.
at Schanechtide or parts adjacent, for such Indyan Goods as (KYSL)
are prohibited to bee handled there; And that hee bring the
Transgresso™ to condigne punishm*; ffor ye doeing whereof Jon. 9
This shall bee unto him a sufficient Warrant. Given &c:
this 9th day of January 1671.
{Fran: Lovelace
To Cap* Sylvestf Salisbury
Comand' of ye fforte, &
Schout at Albany.
No. LXXXI.
MAMARONECK — JOHN RICHBELL AND HIS
TENANTS.
An Ordr about Mr Richbell, & Jeremy Canniff, o. E.
for composing y* Difference between them.
Whereas I am given to understand, that great Contest &
Contention is arisen amongst ye Inhabitants upon ye Plan-
tacons at Momoronock belonging to Mr Jn? Richbell, occa-
sioned principally by one Jeremiah Canniff & Anne his Wife
his Tenants, who likewise (as is alledged) have very abusively
defamed him & his ffamily, & ye said Mr Richbell haveing
requested that I would send some Persons of Repute &
Authority to enquire & examine into ye Mattf upon ye Place
& if possible to compose their Difference; These are to
Authorize & Appoint you Thomas Lovelace Esq' one of ye
750 Province of New York
G. E. Justices of the peace, Cap* Jn? Manning High Sherriff, &
(NYSL) Mr Jn? Rider at yo' best convenience wthin one Months
rime after ye Date hereof to repayre to ye said Plantacons
July 22 at Momoronock there to examine into & take cognizance of
the Matt' & wthall to Endeavour a friendly Composure
amongst ye Inhabitants, Of all wch you are to render mee
an Acco* at your Returne, that a finall Issue & Conclusion
of ye Busyness may bee made; And for soe doeing this shall
bee your Warrant. Given &c: this 22th July 1672.
[Francis Lovelace.]
No. LXXXII.
FORDHAM MANOR — DISTURBANCE LED BY
JOHN PIETERSEN.
G. E- An Ord* about a Difference between
4' 166
(5YSL) ye Inhabit^8 of ffordham.
1672 Whereas I am given to understand that some Disturbance
Ju y J is arisen amongst the Inhabitants of ffordham, occasioned
(as is alledged) principally by John Peitersen. These are
to Authorize Mr John Rider and Mr Thomas Gibbs, to
make Enquiry of & examine into ye Matter, & endeavour
a Composure & right Vnderstanding between them; Of wch
they are to render mee an Acco* & for what they shall Act
herein this shall bee their Warrant. Given &c: this ioth
day of July 1672.
[Francis Lovelace.!
Collateral and Illustrative Documents 751
No. LXXXIII.
NEWTOWN — DIVORCE OF THOMAS PETITT.
A Bill of Divorce between Thomas Pettit °- E>
4;2I3
of Newtowne & Sarah his wife. (HYSL)
Whereas Sarah y* wife of Thomas Petitt of Newtowne in '672
ye West Rideing of Yorkshire upon Long Island was at ye
last Court of Assizes held in this City accused for her defiling
the Marriage Bed & committing Adultery wth severall per-
sons; All wch did soe evidently appeare to this Court that at
the Suite of the said Thomas Petitt her Husband that hee
might bee divorced from her, the Court did adjudge & thought
k reasonable that it should bee granted, & recommended
the same unto mee; Vpon due Consideracon had hereupon,
& for the reasons afore specifyed, It being also conformable
to the Lawes of the Government as well as the practice of
the civill Law, & the Lawes of our Nation of England in such
Cases provided, I doe adjudge & declare upon ye breach of y*
matrimoniall Contract by the said Sarah the wife, in com-
mitting that great Crime of Adultery as aforesaid, That hee
the said Thomas Petitt ye Husband is freed from any farther
Obligacon or Tye of Marriage unto her ye said Sarah his
wife, & hee is hereby pronounced to bee discharged &
acquitted from the Matrimoniall Contract heretofore made
between them to all Intents & purposes whatsoever; ffor
the wch this prsent Writing & recording thereof shall bee an
absolute and Authentick Bill of Divorce. Given under my
Hand & Sealed wth ye Scale of the Province this IIth day of
October in ye 24th yeare of his Ma1'.65 Reigne, Annocp Dm
1672.
[Francis Lovelace.]
752 Province of New York
No. LXXXIV.
ALBANY — REPAIRS IN THE FORT.
®- E- Liberty given to Cap* Salisbury to build
(HYSL) a Kitchin adjoyning to ye House in ye
fforte, as hee shall see fitt &c:
1672 Whereas Cap* Silvest? Salisbury hath reprsented unto mee
c ' 7 that the House in ye fFort at Albany stands in great need of
Reparacon, & that it will bee for ye future as well as present
Convenience of the chiefe Officer there, that a Kitchin bee
built adjoyning thereunto, It is Ordered, That it bee left to
the Care & Charge of Cap* Salisbury both for ye Reparacon
of the House & building the Kitchin, for the wch Agreem*
is to bee made at the best hand, the Charge whereof shall bee
allowed out of the Packt or great Excize there, of wch hee
is to render mee an Acco* Given under my Hand at Fort
James &c: this ;th day of Octob? 1672.
[Francis Lovelace.]
No. LXXXV.
SOUTHAMPTON — JOHN JENNINGS AND WIL-
LIAM JANE vs JOHN COOPER, FOR DEFAMA-
TION OF THE GOVERNMENT.
G;2E- Lettf to Cap^ Jn? Howell &c:
(HY!L) Gent.
I received yo' Letter of ye 14th of NovembT 1672., the Sub-
Nov. 21 ject Matter being an Acco^ of yo? Proceedings wth the Marris-
Collateral and Illustrative Documents 753
shal for his presumption of Administring an Oath, when the G;2E-
Matter appertain'd to the Justices properly; I could not (NYSL)
have thought such a Punctilio could have begatt soe much ,
trouble as already it has done & like to doe, especially there Hov. 21
being another Affayre twisted wth it, & that is some defama-
tory words John Cooper should bee accus'd to utter against
the Assembly, for the wch you have carefully & prudently
bound over both partyes to answer at the next Sessions; It
was a Wonder to mee since Jennings who (it seems) had
long intelligence of Coopers carriage in this Affayre, that
hee not soe much as ever reveal'd it, when all Partyes were
here at ye last Assizes, where the whole Busyness might
thorowly have been scann'd, but to lett it sleep all that rime,
& only to awake it to make it subservient to his private end,
for I learn'd this Eruption should (perhaps) never have
appeared the light, had not Jennings been disoblig'd by
Cooper in the refusal! of delivering him into the whole pos-
session of a parcell of Land hee had contracted wth him for.
In fine, at this time I referr y* whole Matter in Controversy
to yoT just & prudent Managery, not doubting but you will
bee as zealous to preserve the dignity & reputation of those
entrusted in the Publick Managem' of Affayres, as you will
have a tender respect for yor. particular Neighbor. I have
taken the Deposition of William Jeanes, soe that now that
is authentick, sufficient to validate y* truth of his Alligacon
& Accusacon of Cooper, yet withall leave Circumstances to
yo' Justice, as to make a Determinacon (when you shall see
Cause to determine) if it may end in such a Composure,
not derogatory to what I have above specifyed; At yo? Ses-
sions severall of ye Councell & Justices of these parts are
resolv'd to bee wth you, on Occasions of publick Busyness
& private, when that Matter may bee more thoroughly
[48]
754 Province of New York
G; E- inspected, & those that shall appeare culpable left to suffer
(MYSL) such penaltyes the Court shall finde fitt.
S' I have according to yo? Recommendacons invested
HOT. 21 Jennings in the receipt of the Customes in yo' parts, &
desire you to assist him in all lawfull helps to the Execucon
of his Office, if occasion shall present for your Aid.
ffor ye recommendation of yo* Towne for you to bee con-
tinued in your Office of Justice of the peace for the next
ensueing yeare, I shall most readily consent unto it, & to
that end have sent you yoT Commission, being very well
satisfied of the Execution of that trust I reposed in you
this last yeare, & not in the least doubting of yoT continuance
in the same care of the Publique. I have noe more, only
on all Occasions that shall bee presented to you, to trans-
mitt to mee the State of yoT. Affayres in those parts, that soe
that Vnity may bee preserv'd amongst us, as may best tend
to the peace & prosperity of these his Royall Highness Ter-
ritoryes now under my care & trust, Allwayes remembring
you beare a part of it. Pray recommend mee to all my
ffriends about you, & assure them I shall allwayes continue
soe unless it bee their own faults. I am
Yo' Loving ffriend
Fran: Lovelace.
Fort James ye 2 Ith
of NovembT 1672.
S* I had forgott to take notice
of one particular busyness; It seems
Jennings is remoovd from executing
that Office of Deputy Constable ;
for very vallid reasons now too tedious
to rehearse I conceive it requisite, hee
bee continued in that Office rill the next
Sessions.
Collateral and Illustrative Documents 755
[Lovelace to Captain John Howell.] °- E-
(NYSL)
Forte James Novem: y* 2&* 1672.
To Cap* Jn? Howell Justice of peace of Long Island.
sr
The last I sent to yo" was in Answer to one of yo™ & M'
Mulfords brought to mee by an unknown hand, & soe was
forct to send it by Jennings, by wch you will finde my sence
on that Complaint Jennings seem'd to p'ferr against Cooper;
I am very much of yo' Opinion, that his prosecution of
Coop' may take its rise from private Ends, not that I doe
not believe Cooper may bee blamable of untoward Expres-
sions (being a Man naturally not soe well polisht as others
of a more gentle nature) but in regard the Matter lay buryed
soe long wthout ye least mention of it till the Difference
betwixt them both reviv'd it; I have referr'd ye meritts to
yoT Determinations at the Sessions, in wch I shall desire you
to bee a little favourable to Jennings concerning the Oath
hee p'sum'd to Administer wthout yo' Appointm*; And I
recofnend this the rather, in regard it will bee a discouragem*.
to Publick Vndertakers of Offices, when by their unskill-
fullness they shall runn into any Premunires. I doubt not
but by yor. Moderacon & Prudence to heare of such a Com-
posure as may end in Love, & ye p'servation of {Friendship
amongst Neighbo"?
Yo' Brother presses mee for a Determinacon concerning
the Regulacon of the Indyans AfFayres, it being discourst
of at the Assizes, & referr'd to M' Delavall for his Advice
in it, but hee having ever since been at Albany, & but newly
returnd I have not had an Opportunity to discourse it
thorowly wth him, & indeed I am the more willing to for-
beare till I receive some light from you; ffor since ye Scene
of that AfFayre lyes properly amongst you I would willingly
756 Province of New York
G- E- receive some Directions from you before I make a finall
(HYSL) Determination in that AfFayre; To conclude both Reyner &
1673 y°' Brother seemd on the paym* of the Townes Benevo-
HOT. 28 lence to hint some Privilegdes you expected for that Place;
to wch I can make noe other Answer, but wonder at yor
impatience, since you have reprsented that Affayre (without
my Privity) to his Royall Highness to think I can doe any
thing without his Direction. I am
Yor Affectionate ffriend
Fran: Lovelace.
I understand there is a
Vessell design'd for yo*
parts of a very consider-
able Cargoe;ifhisMat!es
Offic^ of the Custome
shall have Occasion of
yo? Assistance, I doubt
not but you will afford
it them.
No. LXXXVI.
ALBANY — MURDER OF JOHN STEWARD, OF
THE GARRISON, BY INDIANS.
G. E. Lett? to Cap^ Salisbury. Jan1? 27^ 1672.
(HYSL) about the Murtherers.
Dear Salisbury
T?I2(« The dismall Narrative of Stewards Death affected mee
jail. 27
very much, though I was not much out of my Prognostick,
that hee would dye some violent death, yet I little thought
by the hands of Villanous Infidells; I very well approve of
Collateral and Illustrative Documents 757
yoT care & circumspection in ye apprehending of them, & O;2^
am noe less gladd of the Tidings of their apprehension at (HTfSL)
Mr Pincheon's, to whom (by a monthly Post I have sent up
to Boston) I have return'd him hearty thanks for the great Jan.
Service hee has done in the apprehending of them, whereby
the peace of the Nation is soe much concern'd when this
comes to you you will with it receive a Commission of Oyer
& Termini to try them according to Law. Mr Nicolls will
furnish you wth a Modell as to the formality of it; It has
been resolv'd by mee & the Councell, this way to bee the
most effectuall way, because not only consonant to our
Lawes & practice, but the Pomp & solemnity commonly
strikes as a great a terror in Spectato" as to ye Malefacto1?;
The time of the Courts sitting cannot bee long, & therefore
it will bee advantagiously necessary that Cap^ Renslaer
draw his Troop together to attend the Solemnity of that day;
Commend mee to him & excuse my not writing to him at
this time, & desire him to prepare mee two hundred Plancks
wth the first, but they must bee good because it is for a Case
for my own House; here is little newes stirring, but expect
by the returne of the Post from Boston Tidings of consider-
able consequence; I shall not need to prompt you to bee
vigilant in your Station, knowing your aptness to it by
experience, only if the Game should shift & wee and Hol-
land shake hands, you then may finde the ffrench a formid-
able Enemy; but these things cannot bee done in the Dark,
& therefore I shall bee vigilant to give you Advertizerrf of
all ye Revolutions that arrive my hand; I have at this time
noe more, but commend mee heartily to all our ffriends,
especially yo' wife, & little ffranck. I assure you I am
Yo' very Loving ffriend
Fr: Lovelace.
Fort James ye 27th
Janr.y 1672.
758 Province of New York
G- E- Commission of Over & Terminer for the
4: 249 '
(NYSL) Tryall of the Murtherers of Jn? Steward at
ffort Albany.
Whereas not long since his Ma*'-63 peace hath in a very
high nature been violated & broken wthin the Jurisdiction
of the Towne of Albany, whereby John Steward one of his
Ma"?5 good Subjects hath been assaulted, & by some mur-
therous & violent means done unto Death, & his House also
robbed, of the wch two North Indyans, the one commonly
known by ye name of Kalcop, & t'other Keketampe, now
Prison" in Hold stand suspected & are accused to bee guilty
of the same; To the end ye due course of Justice may in
these his Ma'!es Dominions and Territoryes bee equally &
duely prosecuted according to Law, from the wch neither
Indyan nor Christian is to bee exempt, but are accomptable
to Authority for the Breach thereof. I have thought fitt to
nominate, constitute, & appoint, & by these prsents doe
hereby nominate, constitute, & appoint Cap* Silvester Salis-
bury Deputy Governed & Schout at Albany, Cap* Jeremias
Van Renslaer, together wth the whole Court of Commis-
saryes, & all the Commission Officers of the Militia within
the prcincts of Albany, Renslaers-wijck, or Schanechtide to
bee Commissioners of a Speciall Court of Oyer & TerminT
(of whom Cap* Salisbury is to bee President) to meet to-
gether some certatne time by the said Commission" to bee
appointed within the space of six dayes after this Commis-
sion shall come to their hands (if the Malefacto" bee there
in Custody) otherwise upon their Arrivall, to examine,
enquire into hear & determine the Matter of ffact concerning
ye Murder or Death of the said John Steward, & that the
said Commission" or major part of them, of the wch ye
Presid* is to bee one, doe putt the said two Indyan Mur-
Collateral and Illustrative Documents
759
therers upon their Tryall by the Bench or Court; & for y"
better knowledge & clearing of the truth, they are hereby
authoriz'd to call before them by Sub-poena or Summons
such persons who can give in Evidence against y* Prison™
for our Soveraigne Lord the King, concerning ye said Mur-
der, & them to examine upon Oath or otherwise; wch Oath
they are hereby empowered to give, & upon Conviction of
the Delinquents, if they shall bee found guilty by the Court,
that they proceed to Sentence, & Ord* Execucon to bee done
upon them as in the Ord^ of Councell is sett forth according
to the haynousness of the ffact, & the Lawes in such Cases
provided. And for what the said Commissioners shall law-
fully Act or doe in prosecution hereof, This my Speciall
Commission of Oyer & Terminer shall bee to them and
every of them a sufficient Warrant & Discharge. Given
under my hand & Sealed wth the Scale of the Province at
ffort James in New Yorke this 28th day of January in the
24th yeare of his Ma"*
Reigne AnnoqJ Domini 1672.
[Francis Lovelace.]
G. E.
4:249
(HYSL)
1672/3
Jan. 28
No. LXXXVII.
FOX-HALL MANOR AND CAPTAIN THOMAS
CHAMBERS.
A Priveledge granted to Cap' Thomas Chambers,
for ye Erecting ffox-Hall into a Manno?
Francis Lovelace EsqT &c: Whereas Cap^ Thomas
Chambers Justice of the Peace at Esopus hath been an aun-
G. E.
4:216
(NYSL)
1672
Oct. 16
760 Province of New York
c'ent ^"habit^ in those parts, where hee hath done signall &
(NYSL) notable Service in the time of the Warrs against the Indyans,
l6 & having by his Industry in the time of Peace acquired a
Oct. 16 considerable Estate, of which hee now stands possest,
Amongst the rest having a Mansion house not farr from the
Towne of Kingston commonly called ffox-Hall, with a great
Tract of Land thereunto belonging, wch said House is made
defensible against any suddain Incursion of ye Indyans or
others; In acknowledgm* of the Services heretofore done by
the said Cap* Thomas Chambers, & in part of recompence
thereof, I have thought fitt to Erect the said Mansion House
called ffox Hall & Land belonging to it into a Manno?, to bee
known by ye name of the MannoT of ffox-Hall, the wch shall
for the time to come bee held, deemed, reputed, taken, &
bee an entire enfranchized MannoT of it selfe, & shall all-
wayes from time to time have, hold, & enjoy like & equall
priveledges with other Manno" within the Governm?, &
shall in noe manner or any wise bee under the Rule, Ordr- or
Direction of any Towne Court, but by the Generall Co?
of Assizes, or as from time to time ye said Cap? Chambers
shall receive Ord" or Directions from ye Governor & his
Councell. Given under my hand & Scale at ffort James in
New Yorke this i6th day of Octob? in ye 24th year of his
Maties Reigne, AnnoqJ Domini 1672.
[Francis Lovelace.]
Collateral and Illustrative Documents 761
No. LXXXVIII.
NEW YORK CITY — BENJAMIN JOHNSON,
THOMAS FAULX AND ROGER ESSEX,
PRISONERS.
Commission of Oyer & Termin* for y* Tryall ®-3^-
of Benjamin Johnson, Tho : ffaulx, & Roger Essex. (NYSL)
Francis Lovelace Esq' &c:
To ye Commission" of Oyer & Terminer
herein men coned.
Whereas several! Thefts & Larcenyes have of late been
~*. ...
comitted as well within this City & prcincts as parts adjacent,
of the wch Benjamin Johnson & two of his Complices here
under named are accused, & at present remaine in Custody
of the Sheriffe of the City in ye Common Prison, & the usuall
time of holding the Court of Assizes (at the wch all such ffelo-
nyes & Capitall Crimes are properly to bee tryed) being at
soe great distance of time that it will not bee thought con-
venient to deferr the Execution of Justice soe long; I have
therefore with the Advice of my Councell thought fitt by
this my Speciall Commission of Oyer & Terminer to Nomi-
nate, Constitute, Authorize, & Appoint, & by these presents
doe nominate, constitute, authorize, & appoint Mr Jn?
Laurence Mayo? of this City, Thomas Lovelace Esq? Jus-
tice of ye peace, Mr Oloffe Stevens Van Cortlandt, Mr Cor-
nelis Van Ruijven, Deputy Mayo?, Cap^ Jn? Manning High-
Sheriffe of Yorkshire upon Long Island; & Justice of the
peace, Mr Isaack Bedloo, Mr Johannes De Pijester, Mr W"?
762 Province of New York
G-2E. Darvall & Mr ffrancis Rombout Aldermen, & Cap* Dudley
(NYSL) Lovelace, or any seaven of them, (the Mayo' as President
being one) to bee a Court to meet together & sitt upon Wed-
Jan. ii nesday ye 15th day of this instant Month at the State house
in this City, then & there to call before them the Offend"
now in Hold upon ye suspition & Accusation aforesaid, or
any other person or persons suspected to bee their Com-
plices & guilty of those Crimes, as also all or any such Witt-
nesses who can give in Evidence or Testimony touching the
Premisses, to whom they may administer an Oath for the
discovery of the Truth, wch Oath they have hereby power
to give; And the said Offenders to try by a Jury of twelve
able & good Men, as also to pronounce Sentence against
those who shall bee found guilty, & command the same to
bee putt in Execution according to due course of Law in
such Cases provided. And there being likewise now in hold
one William Douglas who for diverse evill Acts & disturb-
ance of the peace of the Governm* was heretofore after some
time of Imprisonm* ordered to bee sent away our of these
his Royal Highness Territoryes, not to returne againe under
a certaine penalty; yet notwithstanding hee hath presumed
soe to doe, for the which & also upon the suspition of his
raysing new troubles hee hath been sent a Prisoner from
Delaware hither; the said Commissioners are likewise to call
the said Douglas before them, & to examine into the Matt'
& to proceed against him as a Disturber of his Ma".63 peace,
& also sentence him (if found guilty) according to his Demer-
itts; ffor the doeing of all wc-h this my Speciall Commission
shall bee unto all & every ye said Commissioners a sufficient
Warrant; And all persons are hereby required to give unto
ye said Commission1? the due respect & observance of a
Speciall Court of Oyer & Terminer constituted by Authority
of his Royall Highness; &to bee ayding & assisting unto
Collateral and Illustrative Documents 763
them in the prosecution of this my Commission as need G- E-
shall require; wch said Commission is to last & bee of force (HYSL)
untill Thursday the 16^ day of this Month & noe longer.
Given under my hand, & Sealed wth the Scale of ye Province Jan. n
at ffort James in New Yorke this IIth day of Jan'? in the
24th yeare of his Ma4'" Reigne, Annoqj Domini 1672.
[Francis Lovelace.]
The Names of y* other two ) Thomas ffaux and
Complices are j Roger Essex.
Directions for the holding of the [Speciall] Col. MSS.
Co* of Oyer & Terminer, appointed by (HYSL)
his honor the Governor for the Tryall
of Benjamen Johnson, Thomas ffaulx,
& Rogers Essex for Felony, as also of
William Douglas for Misdemeanor &
breach of his Obligacon the 15th day of
January. 1672.
[Upon] the meeting of the Co?, The Clarke is to c[all 1673/3
upon] [th]e Cryer to make Proclamacon, & say O Yes,
O Yes, [O] Yes. Then let him say aloud after the
Clar[k]e [sjilence is comanded in the Co* whilst his Ma'ies
Co[missionrs] of Oyer & Terminer, are sitting, vpon paine
of imprisonment.
Then the Clarke is to read aloud, The Comission [o]f
Oyer & Terminer. & after that to call over distinctly] the
names of the Comissionrs, who as they are called are [to]
stand vp & make answer to their Names, If any [s]hall bee
absent the Clarke is to Record the Default
764 Province of New York
Col. MSS. [Le]t the three Prison™ Benjamen Johnson, Thomas
(HYSL) Fafulx,] Roger Essex bee then call'd for to the Sheriffe, to
bee [bro]ught to the barre
(Jan. n] [T]he which being done The Clarke is to bid the Cry[er]
[ag]aine to make Proclamacon, & say as before O Yes,
Then let him say aloud after the Clarke.
[All] manner of ^sons, who have been sumoned, or have
any thifng he]re at this speciall Co* of Oyer & Terminer,
& can give Evidence for our soveraigne Lord ye King,
ag?4 any [of] the Prison" at y? Barre, Draw neare & give yor
attendance
Whereupon the Clarke is to make Enquiry of the Sheriffe
[for] the Returne of a Jury for the Tryall of the Prisoners]
[a]t the Barre.
[U]pon Returne of the JuroT3 names, then proceede to
empa[nnel]l the Jury, by calling over their names, the
which done, of the whole lyst returned, & the Clarke is
to [record ?] the Defaults of Non-Appearance, who are to
bee fined
After that twelve of the Numb? shall bee pitcht Let them
bee called over by the Clarke, The Cryer tallefy] them, One,
two, &c. — Good men & true;
Before the Jury is sworne Call for the Prisoners] to bee
sett to the Barr Then say to the Prisoners. These good
men who [were] last called are to passe vpon yor lives &
deaths, so if you or any of you have anything to object
against t[hem why] they should not bee sworne, Challenge
them as they come [to the] booke, & you shall bee heard, for
that afterwards [it will] bee too late.
Vpon any of ye Prison?8 Lawfull Exception against any
another of those returned is to bee put in his place, & [none]
of ye Bisons returned are to bee dismist, or depart the [court]
vntill the Jury bee compleated.
Collateral and Illustrative Documents 765
Then sweare the Jury according as in y* law bo[ok] is Col. MSS.
directed for life & Death, bidding the Juro" as [the] Oath (1CYSL)
is read to them to looke vpon the Prisoners at th[e barre]
Then let the Clarke bid the Cryer to make O Yes, & say. [Jan. n]
Allard Anthony Sheriffe of th[e Citty] of New Yorke come
into Co" & prosecute Benj[amen] Johnson, Thomas ffaulx
& Roger Essex on the be[half] of or Soveraigne L"? the King,
about certaine Thef [ts and] Felonyes comitted by them, for
ye w?h they stand here Vpon his Appearance, hee is to put in
the Presentment] ag" all the three prisoners, which is to bee
read. Then let Benjamen Johnson alone sett to the Barre.
Then call to ye Jury & say Gent, of ye J[ury] Looke vpon
the Prisoner you that are sworne.
Then say
Benjamen Johnson hold vp thy hand, when hee hath held
vp his Right hand, Read the Endictment.
Benjamen Johnson &c
Then Benjamen Johnson what sayest thou A[rt thou]
Guilty of the Thefts & ffelony whereof thou standest endicted,
or not Guilty
If hee plead not Guilty Aske
By whom wilt thou bee tryde.
If hee say By God & the Countrey (The usuall words)
Then say : God send thee a good deliverance. So proceed
to Tryall, By calling for the wittnesses & Examinacons,
wherein Note that the other two witnesses] are to be admit-
ted in Evidence agst the prisoner, before they are convicted,
but not after.
The wittnesses are to take the Oath in the Law sett forfth]
Then the Prisoner hath liberty to plead for him[sel]f
After all the President is to give a Charge to the Jury, who
then are to retire by themselves & the Prisoner to bee re-
turned to his place.
y66
Province of New York
[LXXXVIII]
CoLMSS. Endorsed:
22:124
(NYSL) The
1672/3
[Jan. ii
Papre about the
Try all of Ben: Jon son
Thorn: Faulx, & Essex.
16 Jan1? 1672.'
Col. MSS.
22: 127
(HYSL)
[1672/3 ]
LJanuaryJ
[Panel of Jurors.]
James Staneley a Sworne
Jonathan Sellick. a
John Sellick. a
William Browne a \- Sworne
CharlsHill. a
Daniel Lane, a
Paul Hall, default
Rlchd Browne masf of a Ketch *
Thomas Hall, a
Henry Brasier. a
Thomas Davis Barns
12 Peter Winne?
Thomas Major a
John Garland, a
Thomas Tailour. a
Timothy Gabry. a
Sworne
Simon Jansen Romain.
Nicholas De Meijer
{Fredrick Philips.
1 Accompanying this endorsement is the following (now mutilated^ note,
viz: — " ffor [torn] the Court 1672 All manner of persons who have beene
summoned, or have given their Attendance at this Special! Co^ of Oyer &
Tertniner, are now dismist, the Court being dissolv'd. God save the King."
1 Names italicized are scored out in the manuscript,
Opposite p. 766.
.</,?*/, s* ... ^
I
' '^ . I
«L^>. /
*
Jf"
AN EARLY JURY PANEL.
(Reduced from \2\'-> by 7W inches.)
Collateral and Illustrative Documents
767
Gerrit Van Fright
Guillaume D'Honeur.
John Barker
Roberte Beach
Isacke Arnolde
Thomas Bradley
Endorsed: The Juro1? names.
Col. MSS.
33: 127
(HYSL)
r '673/3 i
LJanuaryJ
[Indictment of Benjamin Johnson.]
The Indictment.
Benjamin Johnson, thou standest here indicted by the
name of Benjamin Johnson of ye City of New Yorke, for
that having not the feare of God before thine Eyes, but being
instigated by the Devill, thou didst upon the 21th day of
December last, or there about, advise & abett Thomas
ffaulx & Roger Essex wickedly & feloniously to goe on board
the Bo[at] of Cap* John Baker in the night rime, riding in
this [Harbour] then & there to cutt the Rigging, Sayles, &
other Cordage [belonging] to the said Boat, who did carry
them away in a Canoo [wch] they likewise stole, & at two
severall places more did th[en] also by the way steal diverse
Plancks, or Deal-Boards the wch they did all carry to thine
House, who wert not only an Abetto' of the Theft but a
Receiver of the stollen Goods, & didst likewise endeavour to
conceale the same. Thou stand'st likewise here endicted for
that upon ye iQth day of the said Month or some rime there-
about, thou didst together wth the said Thomas ffaulx &
Roger Essex thy Complices, in two Canooes goe up the River to
the Towne of Westchest', from whence & parts adjacent thou
didst together wth thy said Complices feloniously & privily
take & carry away five Hoggs belonging to y" Inhabitants
Col. MSS.
32:126
(1TYSL)
768 Province of New York
Col. MSS. there, & foure of them didst brinfg] to thy House; As also
22: 126
(NYSL) that some time heretofore thou didst feloniously take out
of a Boat lyeing at Allertons Key the Smiths Valley wthin
LJanuaryJ the prcincts of this City, & carry aw[ay] a piece of Kersey,
or wert a Contriver or Abetto? of ye [same] to the great
Damage of the right Owner; And also tho[u] didst steal
or wert an Abetto^ or Receiver? of a piece of [torn off] & a
Trowell stoln from the House of Cap* Thomas Deflavall]
at or near about the holding the Last Gen*11 Co" of Ass[izes]
And also didst thy selfe in person or by one of thy Com-
pli[ces] not long after the said time feloniously take out of
the House of Mr John Rider a Blanckett, & carry the same
away, and severall other Thefts, Larcenyes, & Robberyes
hast committed against the peace of our Soveraigne Lord
the King, & against the Lawes of this Governm^ in such
Cases provided.
Benjamin Johnson what say'st thou ? Art thou guilty
of the ffelony laid to thy Charge, or not guilty ?
Endorsed:
Benjamin Johnson
his Indictntf
Col. MSS. [Indictment of Thomas Faulx.]
22:124
(NYSL)
Tho: Faulx, Thou standest here endicted by the [name]
f 1672/3 1 Of Thomas Faulx of this City or of Man ' Island adjacent,
for that not having the feare of God before [thine] Eyes,
but being instigated by ye Devill, thou didst [upon] the 21*
day of Decemfc last or thereabout together with] Roger
'Hog Island, granted by Governor Nicolls to Captain John Manning in
February, 1668, and hence often called in early times Manning's Island, but
now the well known Blackwell's Island, in East River. Faulx was a servant
of Captain Manning.
Opposite p. 769.
-
0~J-~S- «~^<£v:-l J> M& ^.
"r /o#t/A£r/k3^>
»•' f^/Sf^f.^'^f ^<*y A
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-^g-yf^f,
/«-£L/A~_ - ^-v ^
< it«.
' ^.^
<!"_ »~ ' t-^t ~S£&
y -^r "./^vC
^ c- XI •
^/?<^ ^ ^ '^^ /^-
W1"^ / -
t*S,<1*-'¥£*»
.^s. ,
5:^^. XA^- /".
FORM OF INDICTMENT OF THOMAS FAULX.
(Reduced from 12% by 8% inches.)
Collateral and Illustrative Documents 769
Essex wickedly & felonyously in the night [rime] goe on CoL MSS-
board the boate or Vessell of Cap! John [Baker] where thou (KYSL)
didst curt the Rigging, Sayle & [other] Cordage belonging
to the sd boate, & from thefnce] in a Canoo which thou
likewise stolest with thy Comerade carry & convey aw[ay the]
same, & goeing from thence to the house of Ben[jamin]
Johnson, an abettor & Receiuer of thy stolne Go[ods] together
with thy sd partner Roger Essex at two [several!] places
steale & cary away diuers plancks or deale boards from off
the shoare or warf[e]. Thou sftandest] also endicted for
that vpon or neare the 19th day [of] the sd moneth thou didst
together with Benjamen J[ohnson and Rogjer Essex in two
Canooes goe vp the River to the towne of Westchester from
whence & parts adjacent thou didst together with thy Com-
plice feloniously [take] & cary away five hoggs belonging
to ye Inhabit" the one of which thou did[st] leave at Man
Island & the other 4 at the house [of] Benjamin Johnson,
And likewise that at or about the rime of ye gen" Co" of
Assizes last, thou didst steale] & take away a fish Carre
lyeing in the Road twenty fishes comonly call[ed] [torn] fish.
As also that thou didst not [torn] since steale a Canoe
belonging to one John N [torn] als Virginia Jack & cutt out
her Marke and at another rime didst steale two hundre[d]
[torn] of firewood from mr Jacob Kipps plantacon at Ki[pps
Bay] together with severall other Cri[mes and] Misdemeano™
wherewith thou standest accused, t[he which] is ag'-' the
peace of or soveraigne Lord the King, [& the] Lawes of this
Government in such Cases provided
Endorsed:
Thomas Faulx his
Indictment.
[49]
770 Province of New York
Col. MSS. At a Speciall Co* of Over & Terrain?
22:125
(RYSL) appointed by his Hono? y" Governo' to
sitt upon ye Tryall of Benjamin Johnson,
Jan. 15-16 Thorn : ffaulx, & Roger Essex, now in
Custody for diverse Thefts & Larce-
nyes, whereof they are accused
Aforenoone.
After opening ye Court, & empannelling ye Jury Ben
Johnsons Indictm* was read, to wch after a long pfause] hee
pleadfed] not guilty, but upon Examinacon of the Matt' & the
Testimonyes of Thomas ffaulx & ye Boy Essex, [hee] was
prov'd guilty of being privy to ye Sayle, & pl[anks]
The ffact about the Hoggs hee confesses.
The Blanckett hee a long time deneyed, fathering it
upo[n] ffaulx; but being evidently prov'd against him, hee
at la[st] confesseth it.
Something hee was taxt wth, more then what was in [the]
Indictm* viz* of a parcell of Lynnen stolne at Harlem, [wch]
hee hid (as they were wett) under his Bed, the wch [a]
Maid having formerly made known to Margery, s[he] upon
her Oath declar'd all the Passage to the Court [upon] whose
Testimony, & other apparent Circumstances h[ee was]
found somewhat guilty therein, but not absolutely pr[oven]
The rest hee utterly denyes.
Soe the Charge being given to ye Jury by ye Presid* [the]
Prison" are recommitted, & the Jury goe out upon [their]
Verdict, the wch is to be brought in in ye Afternoon[e] till
wch rime y? Co? adjournes.
Afternoone.
The Jury bring in their Verdict, & finde him guiltfy]
The Sheriffe gives in an Inventory of his Goods & Chattels]
The Prisoner recomitted to ye place from whence hee came.
Collateral and Illustrative Documents 771
Thomas ffawlx brought up, & the Indictm* read, hee c
pleads guilty to all the Thefts hee is chargd wth, but one, (infSL)
& that is the Canooe; of w°h hee seems very fairly to clear l67,/3
himselfe, though only by his own Alligacons. J*0-
Hee is recoinitted to y* Custody of the Sheriffe.
Roger Essex is call'd up, his Indictrrf read, to w6*1 hee
pleads guilty.
hee is recommitted. & the Jury dismist.
The People are ordered to w'Mraw, & the Court consult
about the punishm4 of ye Criminalls.
It's putt to ye Vote what Punishm*. to bee inflected.
Cap^ Lovelace for Ben: Johnsons punishm' votes for
whipping. 39 Lashes.
Mr fFran: Rombout, votes for whipping 39 Lashes wth
a Halter about his Neck, as a punishm? for all the Thefts
but ye hogg stealing, & for that Crime of y* Hoggs to lose
one of his Ears, according to ye Ordr of y* last Co? of Assizes.
Mr Darvall. ye same & Banishntf
Mr Depijester y6 same & Banishm*.
Mr Bedloo. ye same & Banishm*
Mr Van & Ruyven [sic] Mr Lovelace, & President the same.
Soe as tis agreed by ye Cort hee shall have 39 Lashes wth
a Haltar about his Neck, one of his Ears cutt off & suffer
Banishntf (not to returne into y* Governm' againe upon
paine of Death.)
ffor ye Punishm* of Thorn: ffawlx.
Cap* Lovelace votes a whipping of 5 Stripes.
Mr Rombout. 25 Lashes.
Mr Darvall ye same, & soe to bee dischargd.
Mr DePijester the same.
Mr Bedloo. 30 Lashes & Banishm*
Cap'- Manning 25 & Banishment
772 Province of New York
Mr Van Ruyven 30 & Banishm*
Mr OIofF Stevens 20 & Banishm*
- , Mr Thorn: Lovelace 30 & Banishm*
Jan. 15-16 The Presid* 25 & Banishm*
Soe that his full punishm* shall bee to receive 25 Stripes
& Banishm*. out of y6 Governm* & in cas[e] hee shall here-
after happen to bee found in this Governm* hee shall loose
one of his Ears.
ffor ye punishm*. of Roger Essex.
\ Cap* Lovelace votes for 5 Lashes as afore.
Mr Rombout 6
Mr Darvall 10
Mr Depijester 10
Mr Bedloo 10
And all ye rest of ye Comnrs vote the same namely 10 Lashes
& upon thy committing any ye least off[ence] of the like
nature hereafter thou shalt bee more severely punisht
[according to his [sic] Demeritt.
The Co" adjourne till To-Morrow Morning at 9 a Clock
Aga[inst] wch time the Sentences of Court are to bee dr[awn]
up, & publickly read, after w°h is done the Cor[*] bee dis-
solv'd.
Thursday Morning, y* i6*.h Jan?y. 1672.
The CoT* opened.
The Prison" brought up.
Their Sentences read.
The Prison" all fall down upon their Knees, & thank y*
Bench for their Clemency.
Soe the Co" was dissolved.
Collateral and Illustrative Documents
773
The Commission^ according to ye tenoT of their Com- CoLMsa
mission doe give Order to the Sheriffe that hee see ye Sen- (NYSL)
tences of the Court putt in Execution; only for the time they .
referr it to his Hono" pleasure. Jan.
Endorsements:
The Co* Proceedings
The Co?" Proceedings
against Ben: Johnsons
& his Complices.
No. LXXXIX.
ESTATE AND DEBTS OF NICHOLAS DAVIS.
[Acknowledgments of Debts of Nicholas Davis.]
Recorded for Philip Udall at the Request of
Mr Elias Doughty, the i6th ffefcry, 1672.
(SeV.sute)
Know all men by these p'sents, That I Nicholas Davis
of Barnstable Merch' do acknowledge my selfe indebted unto etc.
Philip Udall of flushing, the full and just Sume of Sixteen Recorded
pounds in New England Silver, to bee paid unto the said £*£a^
Philip Udall, or his Order, on demand, which is for a Parcell
of Land, once Walter Salter Ordered him for Debt; ' Which
the said Philip, or his Attorney, doth engage on Payment of
the said moneys, to give unto the said Davis, or his Attorney
a full Confirmation of the said Lands, graunted him from the
said Court, or Order of the GenV; And unto the said prem-
1 See New Amsterdam Records, vol. 6, pp. 24, 41, 45.
774 Province of New York
Deeds isses, I do binde my selfe, my Heires, Execute™ and Assignes,
(Sec. State) as witnes my hand, this 3i*h [sic]1 of the 2? Moneth, 1669
Nicholas Davis
1009 ,I7.
Apr. 30 Witnes,
etc- John Bowne
Recorded The marke of T D Tho: Davis.
1672/3
Feb. 16
Rec? of this Bill in Silver, ye Sume of three pounds ten
Shillings, as witnes my hand, ye 3 i'h [sic] of ye 2d Moneth 1669.
The marke of X Wiltm ffoster.
Know all men by these prsents, That I Nicholas Davis
of Road Island, do acknowledge myselfe indebted unto
Philip Udall of flushing, the Suine of Eight pounds, in
Boston Silver, on all demands, to the w°h, I do binde my
selfe, my Heirs, Ex1?, or Assignes, as witnesse my hand,
this 22*h of the ii'^ Moneth, 1671.
Nicholas Davis
Teste. Frans Bloet Goet, Robert Howley.
Deedi [Acknowledgment of Deed by Nicholas Davis, etc.]
(Sec. State)
Recorded for D? Henry Taylour. ffebry. 24*" 1672
Boston in New England the 26'.h day of Aprill 1671.
1671 Know all Men by these prsents, that I Nicholas Davis
etc. Merch* of Rhoad Island in New England, doe acknowledge
Recorded mv se^e to have Bargained & sold unto Henry Taylour of
Feb™24 Boston Chyrurgion in the Colony of the Massathusetts in
New England atores1? a certaine ffarme in the Township
of Barnstable in the Colony of Plymouth in New England ;
to say, with two dwelling Houses, one Warehouse, & one
•Apparently "31*$ " is due to inadvertence, as the second month is April.
Collateral and Illustrative Documents 775
Barne or Stable, wth all Lands, Priveledges, Meadowes,
Commons, Wharfes, Creeks, Water-Courses, wth all other (See. State)
Priveledges thereunto belonging or appertaining as by a Deed .
of Sale from the Indyan Owners granted him & confirmed Apr. a6
by the Order of the Governor, & under the Clarkes hand &
Seale, wth six Milch Cowes, twenty Ewes, two Steares about
three or foure yeares old, ten Swine, one Mare with all the Feb<
Carts, Plow, Yoak, or Yoaks wth Chayne, or whatever is
belonging to the ffarme at this day, as pertaining to Cattle,
Carts, or ffurniture; & further the said Davis doth promise
& engage to deliver & give possession unto the said Taylour
or his Order at or before the twenty fifth day of September
next, & to have Liberty to mow upon ye same, when the said
Taylour pleases; And the abovesaid Davis doth farther
Promise & engage to deliver unto the abovesaid Taylour a
Deed of Sale acknowledged by him before a Magistrate,
& his wife giving up her Thirds before a Magistrate, with
all other Writings concerning the same whatsoever, which
is in Consideration of a Bond of Eight hundred & fourty
pounds, due Debt the bume of foure hundred & twenty
pounds, wch the said Davis acknowledgeth to have received in
full Satisfaction of the aboves? Premisses; In consideracon
whereof the said Davis, his Heyres, Execute™, Administra-
te™, or Assignes doth promise & engage to make good the
abovesaid Premisses unto y" abovesaid Henry Taylour
his Heyres & Assignes forever. In wittness whereof I have
hereunto sett my hand & Scale the day & yeare above
written.
Nicholas Davis (Scale)
Signed, Sealed, & Delivered
in presence of
Hugh Drury
Henry Thompson.
Province of New York
Deeds Hugh Drury & Henry Thomson Witnesses to the
(Sec. state) Instrum* above appeared y" 4th of September, & made
J67I Oath, that they see Nicholas Davis signe, Scale, & Deliver y*
Apr. a6 same as his Act & Deed. Done before mee in Boston.
To: Leverett. Dep: Gov'
Recorded
Feb. 34 Whereas the within menconed Agreem* was to bee Com-
pleated, & Possession given of the Premisses was to bee
upon the 25*h of SeptembT 1671. upon some farther Con-
sideracon by mee Henry Taylour I doe Agree to lett Nicholas
Davis have the use of all the within menconed Premisses
for the Terme of one whole yeare from the day of the Date
hereof; The said Davis is to Warrant all the Premisses, &
to pay at the end of the yeare ten pounds in Cattle at the
ffarme as they shall be valued by two indifferent persons.
That this is our Collaterall Agreem* Wittness both our hands
in Boston y8 25th of Sep? 1671.
Henry Taylour
Wittnesses Nicholas Davis.
Wm Tailer
James Gundry.
William Taylour one of the Wittnesses to the Agreentf
above signed by Henry Taylor & Nicholas Davis appeared
before mee the 4^ of September 1672. & made Oath hee
see them to signe the same. Done before mee in Boston.
John Leverett. Dep: Gof
Deeds
(Sec.' State) A bond from Nicholas Davis to Dr Taylor.
Apr7a6 Know all Men by these p'sents that I Nicholas Davis
etc. Merchant of Rhode Island in New England doe acknowledge
Recorded my selfe to owe & bee indebted unto Henry Taylor of Boston
Chyrurgion in the Colony of the Massathusetts in New
Collateral and Illustrative Documents 777
England aforesaid, the full Sume of eight hun[d]red &
twenty pounds in Provisions at Money price, one fourth part (Sec. sute)
Wheate, one fourth Porke, one fourth Pease, & one fourth ^
Indyan Corne, to bee paid unto the said TayloT his Heyres, Apr. a6
Execute™, Administrator9, or Assignes upon Demand at his
House or Warehouse here in Boston, for w°h payment well
& truely to bee made & performed, I doe binde my selfe my Feb-
Heyres, Execute™ & Administrate™ firmly by these presents.
In Wittness whereof I have hereunto sett my hand & Scale
this 26th day of Aprill 1671.
The Condicon of this Obligation is such, That if the
above-bounden Nicholas Davis his Heyres, Execute™, &
Assignes doe deliver or cause to bee delivered unto the above-
named Henry Taylour his Heyres, Execute™, Administrate™,
& Assignes, a Deed of Sale according to an Obligation or
Agreentf made the 26^ day of this present Month of Aprill
1671. in w** will more plainly appeare, That then this p'sent
Obligacon to bee void & of none Effect, or else to remaine
in full force, power, & vertue. As wittness my Hand &
Scale this 26th day of Aprill 1671.
Nicholas Davis. (Scale)
Signed, Sealed, & Delivered
in the presence of
Hugh Drury
Henry Thomson.
Hugh Drury & Henry Thompson appeared the 4*h of Sep-
temb' 1672. & made Oath that they see Nicholas Davis
signe, scale, & Deliver the above-written as his Act & Deed.
Done in Boston before mee —
Jn? Leverett. Dep: GovT
778 Province of New York [LXXXIX]
[Contract of Sale between Philip Udall and Nicholas Davis.]
(Sec. State)
Recorded for Philip Udall, at the Request of
Feb. 15 Mr Elias Doughty, the i6th February 1672.
1672/3 Know all men by these prsents, That I Philip Udall of
e ' I flushing, have Bargained and sold unto Nicholas Davis of
Road Island Merchant, all my right, Title and Interest, of
all the Meadow that belongs to mee in flushing; In con-
sideration hereof, the said Nicholas Davis is to pay, or cause
to bee paid, unto the above said Philip Udall, the full and
just Sufne of twenty five pounds in Silver, to bee paid at or
before the 14th day of (February next ensuing; And for the
true performance hereof, the aboue said Nicholas Davis doth
make over unto the said Philip Udall, one of his Houses in
Smiths fflye in New Yorke, either John Cope-all's House:
And for non performance of the above said premisses, the
above said Davis is to Pay ffifty Shillings the yeare, for every
yeares non-Payment; And for the true performance hereof,
the above said Davis doth binde himselfe, his Heires, Exec-
ute™, Administrate™ or Assignes; In witnesse hereof, wee
have here unto set our hands this 15th day of (February, Anno,
1671.
Themarke P of Philip Udall.
Signed in the prsence of Nicholas Davis.
Robert Howley.
Signum
Jane X Clements.
[Certification in favor of Samuel Davis.]
(HYSL)
These are to certify all whom it may concerne that I have
Apr. 21 given liberty to Mr Samuel Davis to take & make use of
Collateral and Illustrative Documents 779
thirty or fourty Plancks or Deale-Boards belonging to his °;1E-
late ffather, now lyeing in the Smiths Valley or elsewhere, (nYSL)
to make up his Barne at the White Stone in the Jurisdiction -
of flushing, or some other Convenience to secure the Corne Apr. ax
or Hay growing upon his Land there. Given under my
Hand at Forte James in New Yorke this 2 Ith day of April
1672.
[Francis Lovelace.]
[Acknowledgement of Deed by Nicholas Davis.]
(Sec/Sute)
Recorded for Samuel Davis this
2i'h day of {February 1672.
To all Persons to whom these Presents shall come I T l6?a ,
I unc XO
Nicholas Davis of Newport in the Colony of Rhoad-Island etc.
& Providence Plantation in New England Merchant & over Recorded
the good Sloope calld the Dolphin & now riding at Anchor j^%^
in the Harbour of Newport aforesaid, & of all & singular
the Masts, Sayles, Sayling yards, Cables, Anchors, Cords,
Roaps, Tackle, Rigging, Apparrell, Munition, Boat, & fur-
niture to the said Sloop belonging in any wise appertaining
send Greeting. Know yee I the said Nicholas Davis for &
in Consideracon of one hundred pounds Sterl. unto mee in
hand paid before the Enseling & delivery hereof by Samuel
Davis of Newport Marriner1 in the Colony aforesaid, the
Receipt whereof I doe hereby acknowledge, have Granted,
aliened, Bargained & Sold, & by these Presents for mee my
Heyres, Execute?1 & Administrate?8 doe fully, clearly, &
absolutely Grant, Alien, Bargaine. Selle, & Confirme unto
the said Samuel Davis his Heyres, Execute", Adminis-
trate^ & Assignes forever, the good Sloop called the Dolphin,
i By an inadvertence this is written " Manner " in the original record.
780 Province of New York
Deeds & of au singular the Masts, Sayles, & Sayle yards, Cables
(Sec. State) Anchors, Cords, Roaps, Tackle, Apparrell, Munition, Boate, &
{Furniture, to the said Sloop, belonging, or in anywise apper-
June 16 taining; To have and to hold the said Sloope together wth all
& singular the Premisses above by these prsents granted unto
i672/3 Samuel Davis his Heyres, Execute™, Admin-
Feb. 21 istrato™ & Assignes, quietly & peaceable to improve,
possess, use & behoofe forever; And I the said Nicholas
Davis the said Sloop together with all & singular the Premises
above by these Presents granted unto him the said Samuel
Davis his Heyres, Execute™, Administrate™, & Assignes
against mee, my Heyres, Execute", & Administrate™, &
any other person or persons that shall lay or pretend any
Clayme, Right, Interest, or Title in or to the same for one
whole yeare and a day will warrant & Defend by these
prsents; Perill of Seas, ffire, & Enemyes only excepted. In
wittness whereof I have hereunto sett my Hand & Scale ye
sixteenth day of June in the 24th yeare of the Reigne of our
Soveraigne Lord Charles ye second King of England &c:
Annoq} Domini 1672.
Nicholas Davis. (Scale)
Signed, Sealed, & Delivered in
ye presence of
Thomas Starr,
John Steward.
Wm Hedge
the R mark of
Richard Gline.
The i8th day of Septemb? 1672.
William Hedge on his Engagem^ solemnly attestheth that
this was sealed & signed by Nicholas Davis of Newport
lately deceased, or drowned; Attesting further that the said
Collateral and Illustrative Documents 781
Nicholas Davis delivered the said Deeds to Samuel Davis
his Sonn. (SecV&te)
Attested before mee Nicholas Eastone G*
1672
June 16
Thomas Starr one of ye Wittnesses to the Bill of Sale above- ^to-
written came before mee y" 23th of December 1672. & tes- Recorded
tifyed upon his Solemne Engagem' that hee saw Nicholas Feb. ai
Davis signe, Scale, & Deliver the above-written Instrum'
to Samuel Davis, & that hee sett his Name thereto as a
Wittness the same day & yeare as is exprest in the same.
Francis Brinley Assist^
[Acknowledgment of Deed by John Hicks.] °^
(Sec/SUte)
Another Deed about y° same Recorded for the
said Samuel Davis ye day & yeare aforewritten.
Know all Men by these Presents, That I Jn? Hicks of jj^
Newport in ye Colony of Road-Island, & Province Plantacon — —
in New England Ship-Wright, & Owner of the good Sloope 1672/3
or Hull called the Dolphin, & now riding at Anchor in the eb* ai
Harbour of Newport aforesaid send Greeting. Know yee
that I the said John Hicks for & in consideration of the Sume
of Seaventy five pounds Sterling unto mee in hand paid
before the Ensealing & Delivery hereof by Samuel Davis
of Newport Marriner in the Colony afores?, the Receipt
whereof I doe hereby acknowledge, have Granted, aliened,
Bargained, & sold, & by these Presents for mee my Heyres,
Execute™, Administrate" & Assignes doe fully, clearly, &
absolutely Grant, Alien, Bargaine, Sell & Confirme unto the
said Samuel Davis his Heyres, Execute", & Assignes for-
ever, the good Sloope or Hull called the Dolphin; To have
782 Province of New York
Deeds anj to hold the said Sloope or Hull by these Presents, Grant-
(Sec.' State) ing unto him the said Samuel Davis his Heyres, Execute",
Administrate™, & Assignes quietly & peaceably to improve,
June 20 possess, use, & behoofe forever; And I the said John Hicks
Recorded tne sai^ Sloope or Hull by these prsents granted unto him
1672/3 the said Samuel Davis his Heyres, Execute™, Adminis-
reo. 21
trato™, & Assignes against mee, my Heyres, Execute™, &
Administrate™, or any other person or persons whatsoever
Clayming by, from, or under mee will Warrant and forever
Defend by these Presents. In wittness whereof I have here-
unto sett my Hand & Scale this 2Oth day of June in the 24*h
yeare of the Reigne of our Soveraigne Lord Charles the
second, King of England, Scotland, ffrance, & Ireland
Defender of the ffaith &c: Annoqj Domini 1672.
Jn? Hicks (Scale)
Signed, Sealed, & Delivered
in the presence of
James Clarke
Wepon Clarke.
D*^8 The Receipt about the Paym*
(Sec. State) Rhoad-Island.
Received of Samuel Davis of Newport Marrin? the full &
June 20 just Sume of Seventy five pounds Sterling Moneys of New
Recorded England being in full paym* for the Hull of the Sloope
1672/3 Dolphin according to Agreement; I say receiv'd in full Satis-
faction for mee my Heyres, Execute™, Administrate™ &
Assignes. As wittness my Hand & Scale this 2Oth day of
June 1672.
Jn° Hicks (Scale)
Wittness
Wepon Clarke
James Clarke.
Collateral and Illustrative Documents 783
A Special! Wartf of Attachm' to bee layd ®- ^-
upon y* Estate of Nicholas Davyes to die (HYSL)
vallue of 400? due to Doctor Taylour.
Whereas Docto? Henry Taylour of this City hath made
Comp1.* unto mee that Nicholas Davyes late of his Maty!*
Colony of New Plymouth deceased, was in his Debt a very
considerable Suffie of Money, that is to say the Sume of
foure hundred pounds & upwards as by his Accots doth
appeare; for the securing whereof hee hath requested mee
that an Attachm* may bee laid upon soe much of ye Goods,
Houses, Lands, & Chattells heretofore belonging to y" said
Nicholas Davyes within this Governm*, & as yett is undis-
posed of, as will amount unto y* Vallue of his said Debt;
These are in his Ma''-** Name to require you to lay this my
Speciall Warrant of Attachment on soe much of y* Goods,
Houses, Lands & Chattells of y" deceased amounting to y*
Sume aforesaid with incidentall Charges, whether in the
Towne of flushing, at the White-Stone, or any other part
of Long Island ; of w°h Notice is to bee given by Doctor Taylour
to such of the Relacons of the said Nicholas Davyes deceased
as are like to Administer upon his said Estate in these parts,
that they appeare by their Attorney or in person at the next
Gena" Court of Assizes to bee held in this City beginning
on the first Wednesday in Octob? then and there to make
Answer or Defence to y" Comp*.* & Suite of the said Doctor
Henry Taylour, of which they are not to faile least Judgment
bee entred against them by Default. Given under my Hand
& Scale at fforte James in New Yorke this 7th day of Aug:
in ye 24th yeare of his Ma"-"* Reigne, 1672.
[Francis Lovelace.]
784 Province of New York
G- E- An Ord? about ye Estate of Nicholas Davyes
4:190 J *
(HYSL) late of Rhode-Island deceased.
1672 Whereas Samuel ye Son of Nicholas Davyes deceased hath
been recommended unto mee by ye Governor & Councell of
Rhode-Island for my Assistance in his taking an Inventory
of his late ffathers Estate within this Governm* that ye
Credito" may have their just Dues, & ye Remaind' of the
said Estate bee disposed of to ye Widdow & ffatherless
according to Equity & Right; These are to require all Offic"
within this Province & Government, where ye said Nicholas
Davis deceased had any Estate to bee ayding & assisting
unto the said Samuel Davis in his taking an Inventory there-
of, & if hee shall desire the same, that they appoint some able
& indifferent Persons to make Apprizement of the Vallue
thereof, that hee may the better bee enabled to render that
Acco* to ye Councell & his Relacons there as will bee expected
from him; And for soe doeing this shall bee their Warrant.
Given under my Hand at fforte James in New Yorke this
14th day of August 1672.
[Francis Lovelace.]
®'XEJ Liberty given to Mr Samuel Davis to carry hence
(HYSL) 10 or 12 Bushells Wheat for his Mothers use.
1673 Permitt & suffer Mr Samuel Davis to ship on board his
Sloop the Dolphin of Road Island the quantity of 10 or 12
Bushells of Wheat, It being for ye provision of his Mothers
Family. And for soe doeing this shall bee your Warrant.
Given under my Hand at fforte James in New Yorke this
21th day of August 1672.
[Francis Lovelace.]
To ye Office at ye Custome
House. These.
Collateral and Illustrative Documents 785
Letter to ye Hon«e ye Governor &
Councell at Rhode-Island.
Sr&
Gent.
I receiv'd yo' Lett? by y* hands of Mr Sam: Davis, & was
infinitely affected at ye untimely end of Nicholas Davis,
whose active Spirit for the promotion of a publick Interest
will now appeare a great Loss to y" Places and People hee
converst wth; but Gods Will bee done; I am endeavouring
to assist & direct his Disconsolate Relict & others of his
Relacons concerned in the Estate as farr as I can, wtbin
the narrow prcincts of my Circle. To w°h end I have caus'd
Mr Mayo' to make the best Enquiry hee can of his ffortune
fixt in this place, & to give an Acco* of it to Samuel; How-
ever I am to acquaint you, That if either M™ Davis, or her
Sonne bee designed to take Care of the Estate in these parts,
there will bee a Necessity in either of them to take out
Lett" of Administracon, (in conformity to our Lawes) other-
wise they will not bee able to Act; Whoever shall bee con-
ceived proper there, I shall not scruple to afford them
Letters; & therefore the sooner they resolve the better;
Here are many great Pretende™ to considerable Debts due
to them from M- Davis,1 w°h must bee clearly demonstrated,
otherwise I shall esteem them but as bare p'tensions; This
is as much as at prsent I can bee subservient to yor Desires,
or those interessed [sic] in the irreparable Losse of the
Deceased.
By what I have now Acted in flavour to these Concernes
in yor Recommendacons, you will collect the great Desire I
have to live in all amicable ffriendship & Correspondency
1 The claimants allowed are listed in Records of New Amsterdam, vol. 6,
pp. 388-389 (September 17, 1672).
[50]
786 Province of New York
G. E. wth my Neighbo™, & hope to meet wth the same thoughts of
(HYSL) others towards mee; Though lately I have been alarm'd of
a Violent Action committed on Mr Jn? Paine by some
Aug. 25 Authority under you; Neither can I learne the Malignity
of his Crime to bee otherwise than a peaceable Desire of his,
to bee settled (at last) under ye just Power & Protection of
his Royall Highness, in whose Limitts by Patent that Island
is compriz'd but for present satisfaction that Affayre will bee
referr'd to another Expostulation both by my selfe and others
concern'd, In the meane time I have noe more but to assure
you, In all amicable and Neighbourly Complacencyes, you
shall fincle mee to bee
YoT assured ffriend to
Forte James ye serve you —
25^ Aug: 1672. Fran: Louelace.
G. E. Notice given to y* Credito? of Nicholas Davis
4 • 239 •
(HYSL) to bring in their Claimes of Debt to ye Secretaryes
wthin a certaine time & care should bee taken for
their paym*.
1673 These are to give notice to all persons within this Governm*
who have any pretence of Debt or Clayme to make upon
the Estate of Nicholas Davis deceased, that they bring in
their Acco1? of Debt of Clayme to the Secretaryes Office in
the ffort wthin the space of six weeks after the Date hereof;
Whereupon due course will bee taken to make Satisfaction
to the respective Credito™ as farr as the Estate will goe;
And all Debto^ to the said Nicholas Davis his Estate are
likewise desired to bring in their Acco'.5 of Debit within the
Collateral and Illustrative Documents 787
said limited time that a right understanding may bee had ®-E-
thereupon, & as near as may bee every one concernd may (HYSt)
come by what of Right belongs unto him. Dated at New
Yorke this 7th day of December 1672. Dec. 7
By Ordr of y" Governor
M. N. Seer.
The like for Jamaica &
ye Inhabitants of ye North
Riding.
For Gravesend, & y" Inhab"
of ye West Ryding.
A Warrant directed to y" High-Sheriffe to give °;2E-
Docto? Taylor possession of Nicholas Davis
his Estate at the White-Stone, for his 420?
Debt.
Whereas by an Ordr & Judgirf of ye late Speciall Co? of
Assizes the Estate belonging to Nicholas Davis deceased
lyeing at the White-Stone in the precincts of {flushing with
the Stock & Appertenances was forthwith to bee apprized
by 4 indifferent men nominated by ye sd Co? & possession
thereof to bee deliverd unto Dr Hen: Taylor upon acco? of
a Debt of 420? due unto him besides Charges of Suite;
These are to require you to give notice to ye persons con-
cernd, that they make an Apprizem* of ye said Estate at
money price according to Ordr; & that you putt y* sd
Doctor Taylor into possession of the House, Land, &
Premisses at White Stone aforesd; And for soe doing this
shall bee yor Warrf Given &c: 9th Decem: 1672.
[Francis Lovelace.]
y88
Province of New York
[LXXXIX]
G.E.
4:266
(NYSL)
1672/3
Jan. 26
and
Mar. 10
An Execution to bee serv'd upon the Estate of
Nicholas Davis late deceased to satisfy 51" to
Docto' Henry Taylour.
These are in his Ma4'-68 Name to require you to Levy upon
any of the Goods & Chattells late belonging to Nicholas Davis
deceased in any part of this Governm' as will amount to the
Sume of fifty one pounds & eight Shillings, or value, to make
Satisfaction for the Remainder of the Sume of foure hundred
& twenty pounds, wth all Charges, for ye wch Doctor Henry
Taylour had Judgm' & Execution against his Estate at the
White-Stone upon Long Island at the last Court of Assizes,
together wth the Ordinary Charges of this Execution; for
the doeing whereof this shall bee yoT Warrant. Given under
my hand at ffort James in New Yorke this 26th day of
January. 1672.
[Francis Lovelace.]
To ye High Sheriffe of Yorkshire
upon Long Island, or whom else this
may concerne.
This above written Execution was not sent out till y* lo*.h
day of March 1672. the first being miscarryed.
G.E.
4: 262
(NYSL)
1672/3
Feb. 20
A Warrant to protect M1? Davis from Arrest.
Whereas M1? Sarah Davis ye Widdow & Relict of Nicholas
Davis of Rhode Island Merch* deceased, coming into these
parts to make Enquiry after her said Husbands Estate here,
had at her Request a Warrant to protect & keep her harmless
from any Arrest or Trouble upon her Husbands Acco*;
Notwithstanding the v^h some Persons have prsumed to
molest her, although shee is noe way concerned in her said
[j£] Collateral and Illustrative Documents 789
Husbands Estate, either as Administratrix or Executrix, but °.'^
on the contrary hath disowned & disclaymed all or any Right (KYSL)
& Interest shee hath therein or thereunto; These presents
XOy2/3
Certify & Declare that all such Attachm" or Arrests as have Feb. ao
been served upon her in relation to her Husbands Engagem**
or Debts are void, & any Contract or Agreem* made by her,
or Promise or Security given by any one for her upon the said
Acco* of her Husbands Debts or Credit are made null, shee
being noe way concerned in the Administratorship of his
Estate, but other persons appointed in her stead, who have
undertaken ye same, to whom the said Credito™ may make
their Application. Given under my Hand at Fort James
in New Yorke this 2O*-h day of {February in the 25*h yeare of
his Ma1'?* Reigne, AnnoqJ Dm. 1672.
[Francis Lovelace.]
To all whom this may
Concerne.
No. XC.
PETER GROENENDIJKE, alias SMITH — SEDUC-
TION AND BREACH OF PROMISE.
Warrant to fetch back Peter Groenendijke. &'*•
(HYSL)
These are in his Ma*'."3 Name to require you to bee ayding
& assisting to the Bearer hereof in apprehending the person Mar. ao
of Peter Groenendijke ats Smith, if hee can bee found wthin
yo? p'cincts, who very lately is departed this City, where hee
stands accused of severall Misdemeano™, & that you cause
him to bee convey'd safely to this Place, & delivered into
79° Province of New York [lei]
Custody of the Sheriffe, for the doeing whereof this shall
(HYSL) bee yof Warrant. Given &c: this 29l.h of March 1673.
l673 [Francis Lovelace.]
Mar. 29
To all Justices of y* peace, Constables,
or other Officers wthin this Governing
or whom else this may concerne.
This Warrant of Hue & Cry is desired
too bee presented into ye Neighbour
Colonyes if Occasion shall bee thereof.
No. XCI.
NEW YORK CITY — CURE-MASTER AND GAUGER,
AND PACKER.
G- E. Commission for M' Hoogeland to bee Cure-Mast'
(HYSL)
Whereas it is thought requisite, & for ye Reputacon of
1672/3 the Governm? that some knowing Man should bee appointed
as Cure-Master to view the ffloure & Bread that is to bee
transported in Caske out of this City, that it bee good and
merchantable, & upon his Approbacon thereof to sett a
Brand-Marke upon the Caske, wch shall bee known to bee
the Cityes Marke, the w0*1 will bee a meanes to prvent any
Vnderhand Abuse therein, that would redound to the Dis-
creditt & Disparagem* of the Place, having conceived a good
Opinion of the fittness & Capacity of Mr Christopher Hooge-
land to performe the Trust afore-menconed, I have thought
fitt to appoint him to bee Cure-Master to view & marke the
Caske of ffloure & Bread as afores?, & doe recommend the
said Mr Hoogeland to Mr Mayor, who is desired to pitch
Collateral and Illustrative Documents 791
upon some certaine Allowance to bee paid him for his Care °- \ •
4:363
& Trouble therein. And in regard there is noe certaine (HYSL)
person appointed at this present to bee a Publick Gager of ,
Vessells or Caske, I doe likewise appoint him the said M? Feb. 20
Hoogeland to bee the Publick Gager in this City either as
to Liquids or Cask wth dry Goods relating to Tunnage, for
w°h also Mr MayoT is further desired to ascertayne the Salary.
And the said M' Hoogeland is to take his Oath for the true
performance of the Trust reposed in him. Given under my
Hand at ffort James in New Yorke this 2Oth day of (February
in the 25th yeare of his Ma11?* Reigne, Annoq} Domini 1672.
[Francis Lovelace.]
The Governo1? Ord' & Approbacon of what was °; *•
done at the Mayo™ Court, concerning a Packer, (HYSL)
Viewer, & Gager of all Goods in Cask. Richard
Ellett, & Mr Hoogeland being ye psons appointed
for that Purpose.
Vpon y" Returne from ye Mayor & Aldermen of what ***a/3
should bee thought fitting to bee allowed unto the Packer of
Beefe & Porke either for packing or viewing; That is to say,
for packing of Beefe or Porke per Barrell six pence; &
for viewing as Cure-Master three pence per Barrell, I doe
well approve thereof, & that Richard Ellyott the Cooper bee
ye person appointed for that Employm*, who is to bee sworne
accordingly. And as to the Cure-Mast? of Bread & Floure,
I doe think it reasonable for viewing & branding w*h the
Cityes Brand-marke, that hee bee allowed foure pence per
Barrell, the one halfe to bee paid by the Buyer, the other by
the Seller; & for Gaging of Liquids or Dry Goods as is
proposed one Shilling per Hogshead or Puncheon & soe for
greater or smaller Cask accordingly, for the Executing of
792 Province of New York [j&]
w°h Employm* I have appointed M? Christopher Hooge-
SL) land, who is to take his Oath for the due performance of his
1672/3 Trust. Given &c: this 12th day of March 1672.
Mar. la [Francis Lovelace.]
G; E- Commission for M? Hoogeland to bee
(HYSL) Cure-Master, Gager, &c:
Mar* is Whereas it hath been reprsented unto mee, & is thought
requisite both for the Reputacon of this City & Government
that some knowing Man should bee appointed as Supervizo'
or Cure-Mast? to view ye ffloure & Bread wch shall bee trans-
ported for payment of Merchandize to Strangers, or other-
wise out of this Place, that it bee good & Merchantable, And
also that there bee a sworne Publick Gager of Vessells or
Caske either of Liquids or Cask wth dry Goods, relating to
Tunnage from any Ship or Vessell when desired, Having
conceived a good Opinion of the fittness & capacity of Mr
Christopher Hoogeland MercW & an Inhabitant & free
Denizen of this City to performe the Trust afore-mentioned,
I have thought fitt to nominate, constitute, & Appoint, &
by these presents doe nominate, constitute, & Appoint him
the said Mr Christopher Hoogeland to bee Supervizo? or
Cure Master to view the fflour & Bread to bee transported
from hence in Caske as aforesaid, who upon his Approbacon
thereof to bee merchantable is to cause a Brand marke to bee
sett upon the said Caske, wch shall bee known to bee the
Marke of this City, whereby all Vnderhand Dealings &
Abuses may bee prevented, wch would otherwise redound to
the Discredit! & Disparagem* of the place, and also that
according to his Oath hee doe duely performe the Office and
Trust of the Publick Gager in this City and parts adjacent.
And forasmuch as that according to his Royall Highness
Collateral and Illustrative Documents 793
Lawes for this Province & Governm* as well as severall °- E-
4 • 27O
Orders of the Gen*!1 Court of Assizes the English Weights (ifYSL)
and Measures are to bee putt in practice, & alone used
within this City & Governm', the wch hath lately been taken Mar. 15
into consideration by the Court of Mayo' & Aldermen for
what concerns this place; I doe likewise appoint the said
Mr Christopher Hoogeland to view, try, & Scale such
Weights & Measures whither of Liquids or otherwise, whereof
there is to bee a due Standard, & the same to allow of and
Scale in this City & parts adjacent according to the Direc-
tions in the Lawes, and for his Trouble & paines in all the
Premisses hee the said M' Hoogeland is to have & receive
of the Persons concerned for the viewing and marking of
ffloure and Bread, as also for the Gaging, as in my last
Approbacon and Ord' sent to the Court of Mayor & Alder-
men is directed, & for the rest relating to Weights and
Measures as in the Booke of Lawes is sett forth. Given
under my hand & Scale at ffort James in New York this
i5*.h day of March in y* 2^ yeare of his Ma''.** Reigne,
Annoq} Domini 1672.
[Francis Lovelace.]
Certificate of M' Hoogelands having taken his ?.'2?j
Oath, as touching his Place of Cure-Mast? '
These are to certify all whom it may concerne that M'
Christopher Hoogeland hath taken his Oath for the due
performance of the Trust reposed in him, of being Super-
vizo' or Cure-Master for the Bread and ffloure to bee trans-
ported out of this City, & other Particulars exprest in the
Commission hee hath from his Hono? the Governo' for the
same. Dated the 2o'.h day of March 1672.
1 A duplicate record of this certification, with no material variations
from the above text, is given in General Entries, vol. 4, p. 275.
794 Province of New York
No. XCII.
NEW YORK AND BOSTON POST.
**• E- A Proclamation for a Post to goe monthly from
(HYSL) this City to Boston & back againe.
I)ec7*o Whereas it is thought convenient & necessary in obedience
to his Sacred Ma'1.68 Commands who enjoynes all his Sub-
jects in their distinct Colonyes, to enter into a strict Allyance
and Correspondency with each other, as likewise for the
Advancem* of Negotiation, Trade, & Civill Commerce, &
for a more speedy Intelligence & Dispatch of Affayres;
That a Messenger or Post bee authoriz'd to sett forth from
this City of New Yorke monthly, & thence to travaile to
Boston, from whence within that Month hee shall returne
againe to this City; These are therefore to give notice to all
persons concern'd, That on the first day of January next,
the Messenger appointed shall proceed on his Journey to
Boston; If any therefore have any Letters or small portable
Goods to bee conveyed to Hartford, Connecticott, Boston or
any other parts in the Road, they shall bee carefully delivered
according to the Directions by a sworne Messenger and Post,
who is purposly imployed in that Affayre; In the Interim
those that bee dispos'd to send Letters, lett them bring them
to the Secretaryes Office, where in a lockt Box they shall bee
preserv'd till the Messenger calls for them. All persons
paying the Post before the Bagg bee seald up. Dated at
New Yorke this ioth day of DecembT 1672.
By Ord? of ye Governor
Collateral and Illustrative Documents 795
The Oath given to the Post-Master. &'
You doe sweare by the Everliving God, that you will
truly & faithfully discharge the Trust reposed in you as a [
Post-Master, and that you will neither directly nor indirectly
detayne, conceale or open any Letters, Packetts, or other
Goods committed to your Charge, but carefully & honestly
deliver or cause to bee delivered all such Letters, Packetts,
or other Goods to the Persons they properly belong unto, &
that you will make all the Expedition in passing & repassing
the severall Stages wth all speed, & to make noe more Stay
then necessarily belongs to the refreshing your selfe and
Horse, & in all things truly & soberly to comport yo' selfe
soe, as belongs to the Trust reposed in you, and as a Post-
Master ought to doe.
Soe help you God. &c:
Instructions for y* Post-Mast- °:fjt
(HYSL)
In the first place you are to take yo? Oath of fidelity w*h
the Secretary shall administer to you, your Duty as to the
Generall is included in that Oath.
Next, you are to comport yoT. selfe wth all Sobriety &
Civility to those that shall intrust you, & not exact on them
for the prices both of Letters and Pacquetts.
You are principally to apply yo' selfe to the Governo™
especially Governor Winthrop, from whom you shall receive
the best Direction how to forme ye best Post-Road.
You are likewise to advize where the most commodious
place will bee to leave all the by-Lette1? out of yo* Road, \vch
when having it once well fixt, you are not only to leave the
Letters there, but at your returne to call for Answers, &
leave a Publication of your Resolutions, the w** you must
796 Province of New York
cause to bee disperst to all parts, that soe all may know
when & where to leave their Letters.
1672/1 ^ou are to &'ve mee an Acco* of Negotiation at this
Jan. 32 time to the end I may bee satisfyed of all your proceedings,
& bee able able to assist you if Occasion shall require.
Where you think it requisite you are to marke some Trees
that shall direct Passengers the best way, & to fix certaine
Houses for your severall Stages both to bait & lodge at.
When any persons are desirous to travaile wth you, you
are to treat them civilly, & to afford them yoT. best help
& assistance, that I may heare noe Complaint of you.
You shall doe well to provide yo' selfe of a Spare Horse,
Home, good Port-Mantles, that soe neither Letters nor
Pacquets receive any Damage under yo' hands.
There are some other Consideracons vfch 1 shall forbeare
to mention till yo' returne, & I receive a further Accompt
of you, and soe God bless all yo' honest Vndertakings.
ffran: Lovelace,
ffort James ye 22d of
Jan17. 1672.
You are also to detect & cause to bee apprehended all
fugitive Souldyers & Servants runn away from these parts.
No. XCIII.
YORKSHIRE — HOLDING OF COURTS.
G. E. The CoT*8 of Sessions in ye North & West Ridings
(HYSL) are this yeare to be alterd as followeth.
1671 Whereas It was heretofore practized that in holding y"
Co"8 of Sessions upon Long Island in ye Month of December,
Collateral and Illustrative Documents 797
ye Cor* held for ye East Rideing was upon ye first Wednesday °- E-
of that Month, for y* North ye second, & for y" West Rideing (HTSL)
the third Wednesday, since w°h time y* Co" for y* East Rideing
hath upon their Request been alter'd from y" Month of HOT. ao
December to y" Month of March, the other two Courts
retayning their usuall time. And it being thought more
convenient That some Alteration should likewise bee allowed
unto them, That is to say, ye Co" for y" North Rideing to
beginn on ye first Wednesday, & that for y8 West on y"
second, in ye Month of December aforesaid; It is ordered
That ye Corts of Sessions shall be held in that manner now
proposed, of w011 each Towne is to have Notice, That those
who have Busyness, as well as others required to give their
Attendance, may duely observe the same. Given under my
Hand at ffbrte James in New Yorke this 2<tfh day of NovembT
1671. , ffran: Louelace
To ye Justices of ye peace & all
Pothers concerned in ye N: & West Ridings.
Notice given to ye Clarks of y" CoT" of Sessions °- B-
4 : 230
of ye Speciall Co?4 of Assizes, on Decem: 6?h (HYSL)
1672.
Whereas upon ye first Thursday in Decemb' next a Speciall 167*
Co" of Assizes is appointed to bee held in this City, soe
that the Co" of Sessions ordered ye last yeare to beginn upon
ye first Wednesday of the said Month cannot bee attended
this yeare in regard the Justices & those of the Councell
are obliged to give their Attendance here the next day; It Is
therefore Ordered, that the time for holding ye Court of Ses-
sions for the North Riding this next Month of Decemb' shall
beginn as formerly upon the second Wednesday, & for the
798 Province of New York
G. E. \Vest on y« third Wednesday, but for the time to come as
(HYSL) the last yeare unless upon the like extraordinary Occasions,
Notice bee given to the contrary. Given &c: this 9th of
HOT. 9 November 1672.
[Francis Lovelace.]
To y* Clarkes of ye respective Co^8 of Sessions of y"
North & West Ridings who are to give notice to ye Justices &c:
No. XCIV.
YORKSHIRE— CAPTAIN JOHN MANNING,
HIGH SHERIFF.
G- E- Capt" Manning his Commission for High Sheriff.
(NYSL)
Francis Lovelace Esq? &c:
1671 Whereas ye Court of Sessions for y* West Rideing of
Yorkshire upon Long Island did according to Ordr prsent
unto mee ye Names of three persons out of wch I am to Elect
one to be High-Sheriff in ye place & stead of Mr Robert Coe
late High Sheriff for ye North-Rideing, whose time is some-
while since expired; To ye End ye Law may have its due
Course & Vigour, and haveing conceiv'd a good Opin-
ion of ye ffitness & Capacity of you Captn John Man-
ning a Justice of the Peace of ye West-Rideing afores'?, and
one of ye three whose Names were returned unto mee, I
have therefore Nominated, & Appointed, and by these
prsents doe Nominate and Appoint you ye said Captn John
Manning to be High Sherriff of Yorkshire upon Long Island,
& prcincts from ye Day of the Date hereof untill ye last Day
Ixciv] Collateral and Illustrative Documents 799
of June w°h shall be in y* yeare of our Lord 1672; Of y° w°h °- E-
all Persons concerned are to take Cognizance, and to give (NYSL)
you that Respect and Obedience as is due to yor Office; And
you the said Captn John Manning are in all Things and Sept. 7
Matt™ relateing to yor Office to be Regulated by y* Lawes
of this Governm*, & such Ord" and Directions as from
rime to time you shall receive from mee. Given under my
Hand & Scale at fforte James in New Yorke ye 7th day of
September, in y" 23d yeare of his Maties Reigne, Annoqj
Dm. 1671.
Fran: Lovelace.
Cap* In? Manning's second Commission °- E-
J 4:201
for High Sheriff. (HYSL)
Whereas Cap* Jn? Manning one of ye Justices of the peace 1672
of the West-Riding hath officiated in the Employment of
High-Sheriff of Yorkshire upon Long Island and Precincts
for one yeare past, for the which hee had my Commission,
& the High-Sheriffs of the East and North Ridings his
Predecesso™ having continued in that Employment one yeare
more then ordinary, w°h Priveledge was likewise consented
unto should bee continued unto the West Riding, I have
therefore thought fitt and by these Presents doe Order &
Appoint that Cap* John Manning doe continue High Sheriff
of Yorkshire upon Long Island and Precincts from ye Day
of the Date hereof untill y" last day of June w°h shall bee in
ye yeare of our Lord 1673, of the wch all Persons concern'd
are to take cognizance, and to give him that respect & Obedi-
ence as is due to his Office, and the said Cap* John Manning
is in all Things and Matters relating thereunto to bee regu-
lated by the Lawes of this Governm', and such Ord™ &
Directions as from time to time hee shall receive from Mee.
8oo Province of New York
G. E. Given under my Hand and Scale at fforte James in New
4:201 J J
(HYSL) Yorke the 7th day of Septemb? in ye 24th yeare of his Ma?ie
Reigne, Annoqj Domini 1672.
[Francis Lovelace.]
No. XCV.
DANIEL LANE OF BROOKHAVEN — INCEST AND
CONFISCATED ESTATE.
Col. MSS. fSpecial Warrant for arrest of Daniel Lane.1 *
32:147 l r J
(NYSL)
Whereas I have receiv'd Informacon from ye Constable
June 21 of Seatalcott ats Brook-Haven that Daniel Lane late of the
same place hath since his Escape out of Prison in this City,
[Seal] notwithstanding ye severall Hue & Cryes sent after him, &
particularly left in that Towne for his Apprehension, been
seen & Concealed in that Place both at his House (which by
my Speciall Warrant hath layn under Arrest since his
fflight) & also in other places adjacent as is presumed;
These are to require you forthwith to repaire to the said
Towne of Brook-Haven, & wth the Assistance of ye Con-
stable & the other Officers there, that you make strict Search
& Enquiry after ye said Lane, & if Occasion bee that you
take to yo* Assistance for ye apprehension of ye Delin-
quent (if hee can bee heard of or found wthin ye Gov-
ernm') such Number of the Trayned Bands as shall bee
thought requisite, the whom you haue hereby Power to
rayse; And upon Examinacon of any Persons, either in ye
'There is also an engrossed copy, with no material variations, in
General Entries, vol. 4, p. 286.
Opposite p. 801.
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.Z* .-. '" — ,.. A^ , / . S / . i A * ,O
ORIGINAL WARRANT FOR ARREST
OF DANIEL LANE
^\'ith Autograph of Governor Lovelace, and Seal.
(Reduced from 12 by J'/i inches.)
Collateral and Illustrative Documents 80 1
Towne of Brook-Haven or elsewhere, who shall bee adjudged Col. MSS.
privy to ye Concealment of the said Lane, That you cause (HYSL)
them to bee secured; & carryed before the next Justice of
the peace, who is to take Security of them for their Appear- June 21
ance at ye next Gen*" Co^ of Assizes, there to answer for
their Misdemeano? herein. And that you use any other
lawfull wayes & meanes for the detecting & securing of y"
Offender, & bringing those who shall Ayd, Abett, or Con-
ceale him to condigne Punishment; Of all w°h yo" are to
render mee an Acco*; And for whatsoever you shall Act or
doe in psecution hereof, this shall bee yor. sufficient Warrant.
Given under my hand & scale at Fort James in N: Yorke
this 2l'h day of June. 1673.
Fran: Louelace1
To M? Peter Smith of Long
Island Vnder-Sheriffe —
No. XCVI.
KINGSTON — ESTATE AND DEBTS OF REYNER
VANDER COOLEY.
An Ord' concerning ye Mortgage upon y* C. A.
Estate of Reijner van der Cooley. (HYSL)
Whereas I am giuen to understand that Asser Levy of Al6?°
this Citty as Attorney for Rabbe Couty had a mortgage
upon y6 Estate of Reijner vander Cooley at Kingston in
1 Original signature.
[51]
802
Province of New York
[zcvu
C. A.
2:507
(HYSL)
1670
Apr. 15
Esopus for security of a certaine Sume of money due from
vander Cooley unto ye said Rabbe Couty w?h said mortgage
was recorded & left in ye hands of M' William Beeckman ye
Schout there, Notwithstanding w011 ye said Vander Cooley
hath p'sumed to make sale of ye said Estate to seuerall oth'
persons for the payment of othT debts since that tyme con-
tracted ye w^h will tend very much to ye prjudice of ye former
Credito" if not prvented, Upon ye request of ye said Asser
Levy I haue thought good to recomend ye Examination of
ye matter to yo" & do likewise ord^ if it be as is alleadged
That ye mortgage be first satisfyed out of ye Estate of y8
said Vander Cooley before ye lattf debts be paid w?h is con-
sonant to ye Lawes of ye Governm* as well as to reason, for
that a latter sale cannot be of Validity untill ye former
Mortgage be taken of: Given und' my hand at ffort James
in New Yorke this 15^ day of Aprill 1670.
[Francis Lovelace.]
To ye Schout & Comissaryes at
Esopus who are to retorne an
Account hereof.
C. A.
2:606
(HYSL)
1670
Oct. 21
A Confirmation of y? first mortgage or
Judgm? made to Nicholas de Meyer
ag* ye Estate of van der Cooley.
Whereas I did upon y* i$h day of Aprill last issue forth
an Ord^ directed to y? Schout & Comissaryes at Esopus to
make inquirye & Examination into a certaine matter in
difference betweene Asser Levye of this Citty as Attorney
& on y' behalfe of Rabba Couty & Reyner van der Cooly
to y? said Asser Levy for securitye of a certaine Sume of
money due unto y? said Rabba Couty, And it having been
made appeare unto me, That ye said Land was prmortgaged
[xcvi]
Collateral and Illustrative Documents
803
upon good & valuable considerations to Nicholas de Meyer
of this Citty, or a Judgment first obteyned by him These are
to Certifye & declare, That y? first mortgage or Judgment
made to y? said Nicholas de Meyer is to take place, & y?
said Asser Levye or Rabba Couty are to haue their remedye
& recourse against ye said Vander Cooley or any oth' Estate
he hath but not against that so p'mortgaged or Judgm*
obteyned for as aforesaid any ordr to y" Contrary hereto-
fore graunted notw'h stand ing. Given undT my hand at
ffort James in New Yorke this 2i^h day of Octob' 1670.
[Francis Lovelace.]
C. A.
2:606
(HYSL)
1670
Octai
An Ord? made on ye behalfe of MT. Asser Levy, °- £•
giving preference to his Debt & Mortgage upon (HYSL)
ye Estate of Reyneer Van der Cooley.
Whereas there was heretofore a Matt' in difference
between Nicolas de Meijer & Asser Levy debated before
my selfe & Councell, touching ye prference of paym* of
Moneys due unto them upon a Judgm' obtained by one, &
a Morgage made to ye other from Reyneer Van der Cooley,
& it being adjudged that ye Judgm* of Nicholas de Meijer
being of a former Date should first take Place, & that Asser
Levy should be next paid his Mortgage, Notwithstanding
ye wch, although ye full Judgm* (as I am given to under-
stand) hath been satisfyed & paid, wth an Overplus, That
is to say, two Thousand, one hundred Guilders in ye place
of nineteen hundred, yet ye said Nicholas de Mijer haveing
some Pretences of a New Debt, or of Charges upon ye old,
hath by his Attorney laid an Attachm' upon ye remaining
part of ye Estate of Reyneer Van der Cooley at Esopus, w*h
was designed to make paym1 to ye said Asser Levy, soe that
hee is debarred of his Right thereunto, Vpon Consideracon
1671/2
J»n. 9
804 Province of New York
G- ^ had hereupon, It is Ordered, That if it bee as is suggested,
(NYSL) That is to say, That Nicholas de Mijer hath by himselfe
or his Order receiv'd ye Sume in his first Judgm* specifyed,
Jan. 9 That then ye Attachm* bee taken off, & ye Debt & Mortgage
of Asser Levy be preferr'd before any other Collaterall Debt
or Engagem* upon ye said Estate, after ye w011 Nicholas de
Mijer or any other Credito' may have their Recourses to be
paid out of ye Remaindr, if any there shall bee; Of w°h y8
Offic1? in Esopus are to take Care That this Order bee
forthwth putt in Execucon. Given &c: this 9th day of
January 1671.
Fran Lovelace.
To Cap* Chamb18, Cap* Pawling,
& ye Schout & Comissaryes at
Kingston in Esopus.
No. XCVII.
NEW YORK CITY — ISAAC BEDLOW CAPTAIN
OF FOOT COMPANY.
6- E- Commission for Mr Isaack Bedloo to bee Cap*
4: no
(NYSL) of a ffoot-Company in this City.
i**9 By Vertue of ye Commission & Authority unto mee given
by his Royall Highness James Duke of Yorke and Albany
&c: I doe Constitute & Appoint you Isaack Bedloo to bee
Cap*." of a Foot Company Lysted or to bee Lysted wthin
this City & Precincts. You are to take into yo? Charge
& care ye said Company as Captaine thereof, & duely to
Exercize both yo' inferiour Offic" & Souldyers in Armes, &
Collateral and Illustrative Documents 805
to use your best care, skill, & Endeavour to keep them in G-
No. XCVIII.
ALBANY AND KINGSTON — EXCISE.
4: no
good Order & Discipline; hereby requiring all inferiour (HYSL)
Officers & Souldyers under yor Command to obey you as
their Captaine; And you are likewise to observe & follow
such Orders & Directions as you shall from time to time
receive from mee or other yo? superiour Offic™ according to
ye Discipline of Warn Given under my Hand & Scale y*
i™* day of [blank] in y" 2l'h yeare of his Ma'ies Reigne, Annoq}
Domini 1669.
[Francis Lovelace.]
Commission granted ye same rime to Mr Christopher
Hoogeland to be Lieveten* of y" same Company, drawn
according to this forme.
Commission granted at ye same rime likewise to Mr
Nicholas Bayard to bee Ensigne of y* same Company.
An OrdT or Proclamation about y* Excize O. E.
4 : vj 2
of Liquor* carryed to Albany & Sopez. (5YSL)
Whereas severall Comp^8 have been made unto mee of
the irregular & unjust practices of the Masters of severall
Sloopes, Vessells, & Boates goeing up the River, & trading
at Kingston in the Esopus & Albany, frequently Entring in
the Custome-house here the Liquo" they carry up for Kings-
ton, wch notwithstanding are not landed there, the said
8o6
Province of New York
r HO. i
LXCVIIU
G. E.
(NYSL)
1672/3
Mar. 14
Mast" pretending they must carry them for Albany, although
oftentimes they are delivered by the way into Canooes or
privily sent away in their own Boates, whereby the Grand
Packt or Excise wch is intended towards the support &
maintenance of his Royall Highness Garrisons is defrauded
in one or both the said places, the wch is against severall
Ord" & Directions heretofore made to the contrary; These
are to require all Masters of Sloopes, Vessells, or Boates
great or small who shall hereafter goe up and trade, or
carry Goods to either of the aforesaid Places, that they make
a due Entry at the Custome house here of all sorts of Liquof5
w°h they shall soe carry up, that is to say, of Brandy, Rumm,
Distilled Waters, or any other sort of Liquo", lyable to pay
y" Duty of Excizc; And in case any Master of such Sloopes,
Vessells, or Boates, goeing up the River as aforesaid shall
bee found guilty of the like fraud or deceipt, and the said
Liquo" found on board, over & above what is particularly
exprest in the Passe or Clearing Bill at the Custome house,
the same shall not only bee forfeited, & at the Governours
Disposall, but the Master shall also bee lyable to pay as a
ffine the Sume of [blank] hundred Guild" Seaw* or value
for ye first Offence, & for the next to bee dealt withall accord-
ing to the Act of Parliament in such Cases provided, where
Mastf" of Vessells shall not make due Entry, And for what
Liquo" shall bee delivered by the said MastT5 either at Kings-
ton or Albany, they are likewise required to bring a Cer-
tificate thereof under the Schouts & ffarm" hands of ye
quantityes, & qualityes they shall Land at either place, vfh
shall bee unto them a sufficient Discharge. Given under
my hand at ffort James in N: Yorke this I4*h day of March
1672.
[Francis Lovelace.]
See Analytical Index
Vol. IIL
c.
F
Si
19 it
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