Plts though cast in this suite by ye verdict of a jury shall have ye benefit of those orders if wthin the space of 28 dayes after ye date hereof they take out their Pattent according to ye Lawe & ye Deft shall be contented wth what hath been formerly alotted to him The verdict of ye jury is hereby disannulled & ye Inhabitants of Gravesend are to pay all costs & charges of this suite both at Comon Law & equity. NOVB 4 1669. The Inhabitants of Boswijck, Plts By order of yo Governor & Court of Assizes. The Inhabitants of New Towne, Defts The names of ye Jurors. William Wilkens-Foreman. John Hlincksman, Rickard Harker, Richard Stocken, Samuell Mathews, Samuell Smith, Josias Lattin, Joseph Bayley, Thomas Cudder, George Hewlett, Thomas Hunt, sen', Benjamyn ffeild. Mr Rider Attorney for ye Pits puts in their declaration. The matter in controversy was a certaine piece of meadow ground. The ord of ye Gen meeting at Hempsteed about this difference between ye Pits & Defts was read, As also their Patent graunted by Governor Nicolls; Governour Stuyvesant's ord' upon ye Pits Petition, wth severall oth papers given in Evidence. Mr Holden Atty for ye Defts putts in their Answer. Mr Robert Coe High Sheriffe declares to ye Court, that ye meadow in question was layed out for New Towne, & that they paid Rates for it wth ye rest of their Lands. Mr Gildersleeve being sworne saith that he wth Mr Coe had order from Governor Stuyvesant to lay out ye meadowe in dispute for New Towne, and that his sonne paid parte of ye purchase. The Defts produce their Patent from Governor Nicolls likewise wth several other Papers & Testimonyes. Mr Thomas Wandall being spoken to by ye Court to declare his knowledg herein saith (but not upon Oath) That he had meadow layed out to him by Mr Coe & M1 Gildersleeve at ye same tyme this meadow was laid out for New Towne. After a full hearing & debate hereupon on both parts ye matter was committed to ye Jurye who brought in their Verdict for ye Pits with costs of suite. The Court gave judgin' according to ye verdict of ye Jury as follows (viz1) The Towne of Boswijck-Pits The Towne of New Towne-Defts The cause haveing beene heard & debated on both parts & their deeds & Evidences perused, It was referr'd to a Jury who brought in their verdict for ye Pits adjudging the meadow in difference to belong unto them, This Court doth give their judgment accordingly, and do order that yo Defts do no way molest ye Pits in ye possession & enjoyment of their right therein. Defts are likewise to pay ye charges & costs of suite. By Ord of ye Governor & Court of Assizes. The ORDER CONCERNING THE BUILDING OF A COURTHOUSE AT JAMAICA, L. I. Vpon a p'sentment brought into ye Court by ye Constable & Overseers of Jamaica agt William Hallett for non performance of a certaine covenant about erecting and finishing ye Sessions house, The ord' following was made (viz1) This Court haveing taken ye p'sentmt of ye Constable & Overseers of Jamaica into their consideration, doth think fitt to ord' That yo Deft do p'forme yo conditions of this covenant about finishing of y Sessions house for ye North Riding, & that ye same be completed by Christmasse day next und' penaltye of Ten pounds good pay to be paid by yo Deft to ye use of ye Towne of Jamaica in parte of satisfaction for yo p'judice they have received by ye neglect. NOVBR. 4th 1669. ORDER ON PETITIONS FROM LONG ISLAND TOWNS. By Ord' of y° Governo & Court of Assizes. Severall Petitions being p'sented to ye Court craving a Redresse of Several Greivances That is to say from ye Townes of Hempsteed, Oyster bay, Flushing, Jamaica, Westchest, Eastchest, New Towne & Gravesend. They being all read, That from ye Towne of Hempsteed to wch they all subscribed was taken in Consideration. The Petiçon was as follows (viz1) To ye Rt Honble Governo francis Lovelace Esq' Governo' of all his R. HS Territoryes in America & to ye Honble Court of Assizes Sitting undr ve Authority of his said Royal Highn James Duke of Yorke. The humble Petition of yo Towne of Hempsteed desiring as followeth. 1st That what was promised upon our submission by Governor Nicolls and y rest of his Maties Comissioners should be made good to us (vizt) That we should be protected by his Maties Lawes & enjoy all such priviledges as other his Maties Subjects in America do injoye wch priviledges consist in advising about & approving of all such Lawes wth ye Governo & his Councell as may be for yo Good & benefitt of y° Commonwealth, not repugnant to ye Laws of England, by such deputyes as shall be yearely chosen by ye freehold" of every Towne or parish & likewise to be informed what is required of us his Maties Subjects by vertue of ye Comission graunted from his R. Has ye Duke of Yorke. 21y That all such Townes or parishes as have Patents or have no Patents may be so setled upon their Lands wch they truely bought of y Rt Proprietors that there may be no trouble betweene Towne & Towne or any other p'ticular p'son about their Lands. 3ly That there may be a due Course taken for ye Regulating of y° Merchants in yo prices of their goods wch they sell, as well as for y° prices of what we produce, to put of to them. 4ly That Wampum may passe for current pay at 6P a penny or else not to be made use of at all. 51y That a Course may be taken that what Deere Skins are produced and procured in this Colony, may be reserved for yo good of yo Colony & not be transported out of yo Colonye. 61y That there may be better attendance at y° Ferry at New Yorke that men may not be so long detained to their great damage. 7ly That all harbours, creeks & coves wth in this Colony may be at libertye for any shipping or Vessells to come into & trade free. gly 8' That all sortes of Corne may be at y° Same price that was Established by Governo Nicolls in ye Law. 917 That all weights and measures may be regulated according to y° standard in England & gly so onely to be allowed of & used. 101y That ye Indians may not have their Law for nothing, that they may not trouble ye English for things of small moment or of no Concernmt. Soe leaving ye p'inisses to yo' HonoTMs serious consideration desiring humbly a favourable graunt & Answer to ye Same wth our prayer for yor Honors prosperity we rest Yor Honors Servants. The Inhabitants of Hempsteed. RICHARD GILDERSLEEVE Clk. Novembr 24 1669. John Ketchum, Richard Gildersieeve, Samuell Drake, John Foster, Rich Warpoton, Ricd Hardlecutt, The mark of Ralph Bardall. 11. Article. That such cattle as we kill at home & bring over to Yorke or oth' goods that we buy at Yorke may be Custome free. AN ANSW TO YE PETIÇON ON YE SEVERALL TOWNES. ye 1. In Answer to ye 1st head wherein they desire to have Deputyes to be Joyned with Govern' & Councell in making of ye Lawes of y° Government as is Customarye in yo Neighbour Colonyes, & as Coll Nicolls did promise them. It doth not appeare that Co" Nicolls made any such promise, & ye Governo's instructions directing him to make no alteration in the Lawes of ye Governm' setled before his Arrivall, they cannot Expect his Hono' can comply with them therein, & for their desire to know what is required of them, There is nothing required of them but obedience and submission to ye Lawes of y Governin' as appeares by his R. Hss Comission wch hath often been read unto them. 2. To ye 24 Concerning their Patents and purchases, That ye Lawe be attended as to ye p'ambulation of ye bounds of Townes or private p'sons, but if it shall happen that difference do arise betweene any of them wch cannot be composed amongst themselves, that ye difference be represented to yo Gouerno' & Councell who will depute indifferent p'sons to view ye bounds & put an end to ye matter in difference, and for ye better Certainty of Every ones Right that ye Lawe in that case of Pattents be likewise attended, The time of p'ambulation to be in ye month of February at y time directed in ye Lawe. 3-4. These both found to be unpracticable & therefore suspended. 5. Concerning the Exportation of Deer Skins, It having beene taken into mature and serious consideration, The Court doth unanimously agree, that for ye yeare ensueing no Drest Deere Skins shall be exported out of this his R. Hs Colony upon ye penaltye of ye forfeiture of all such Deere Skins as shall be taken, Whereof one moyety shall be to ye Informer who shall make seizure & ye oth' to his R. H“. 6. To ye 6th Satisfaction is already given in it, & ye orders shall be speedily publish't. 7. To ye 7th That its not thought equitable any small creek or cove should have greater priviledges then yo head city of ye Governmt where yo customers are establish't. 8. To ye 8th As to ye Prices of corne, In regard ye warrants for ye Rates are already gone out, & ye several prices stated, Its thought fitt to continue it for this ensueing yeare, yo said prices only Relating to ye Rates, and that ye Justices of ye Peace in each Ryding at ye Sessions in June next do make a valuation of ye price or value of corne & represent their judgment therein to y next Court of Assizes, who may take such further ord' about y° same as shall be found convenient. 9. That y Lawes relating hereunto shall be put into Execution. The tyme for ye Inhabitants y° of this Citty of New Yorke, Long Island & places adjacent to begin on ye first day of January next, & for ye Towne of Albany, Rensselaerswyck, Schanechtade als Kingston, Esopus & these parts adjacent on ye 1st day of Aprill, by wch tyme all p'sons that sell either by weight or measure are to be provided wth weights and measures according to ye English standard of wch ye Officers in each respective place are to take care, & that no pson p'sume to sell by any other weight or measure. 10. That in regard there is a Lawe that y° Indians shall have their Law for nothing, ye Court do not think fitt to repeal ye same. But for that it hath beene found by Experience that some Indians have upon that p'sumption occasioned troublesome suites in Court It is thought fit that ye Justices at ye Sessions & ye Towne Officers in their Courts shall judg wheth' in such suites as they shall comence, It be requisite for them to pay ye charges or not. 11. To y Last It's adjudged by yo Crt to have dependence upon ye 7th head, so it is sufficiently answered therein. A GRAUNTE TO FFRANCIS BRUYN & COMPANY Y SOLE LIBERTY OF FISHING FOR & TAKING OF PORPOISES IN Ye BAY. Francis Lovelace Esq' &c. Whereas proposalls haue beene made unto me by ffrancis de Bruyn on ye behalfe of himselfe & company to undertake a designe of fishing for porpoises in ye Bay wch if it shall succeed may prove very advantagious to ye Governm' in making provision of good Quantities of Oyle for ye effecting whereof there will be required ye charge of providing boats netts & fishermen. For an Encouragement to this undertaking wch seemes to tend to a publique good, I have thought fitt to giue and graunt & by these p'sents doe hereby giue & graunt to ye said francis de Bruyn & Company their heires & assignes, The onely and sole libertye of fishing or taking of Porpoises in ye Bay, That is to say upon ye strand & water beginning from ye next point of Coney Island, & so upon a straight lyne to Nayack point being ye first point of yo narrow on ye East syde of Hudsons Ryver wch said libertye shall be & continued unto ye said Francis de Bruyn & Company their heirs & assignes for & dureing ye tyme & terme of twelve yeares aftTM ye date hereof, Dureing wch tyme or terme no oth' person or persons shall be permitted to fish for Porpoises in ye Bay as aforesaid wthout ye leaue & lycence first obteyned of ye said francis de Bruyn & Company their heirs or assignes, They ye said Francis de Bruyn & Company their heires & assignes yelding & paying as an acknowledgemt to ye Governor of theise his Royall Highness his Territoryes-per Anno, if their said designe shall succeed. Given und my hand & sealed with ye seale of ye Province this 7th day of March in ye 22th yeare of his Mattes Raigne Annoque Domini 1669-70. Recorded by Ord' of ye Governor ye day & yeare aboue wrytten. ORDERS CONCERNING ROADS ON L. I. Whereas I am given to understand that you being appointed surveyors to lay out yo highwayes for yo' Towne & p'cincts haue an intent upon Thursday next to lay out parte of yo' high way through ye best ground belonging to Govert Lockermans farme at Mespath kills wch will be much to his p'judice although it may be done as conveniently & wth little or no damage at a small distance from that same place, These are to require that you proceed no further thereupon untill after Thursday next when I shall send some fitt person thereupon ye place to view & Examyn into what is most convenient, whereupon I shall take further ord. Giuen und' my hand at ffort James in New Yorke this 14th day of March 1669-70. To Cap" Thomas Lawrence, Mr Thomas Wandall, Burger Joris & John Butcher at New Towne or Mespathkills. Whereas Complaint hath beene made unto me by William Graves of your Towne, That Cap" John Coe is about to make a new high way to yo mill through yo middle of yo Land belonging to ye said William Graves whereby y° said Land must lye in Comon or he be forc't to be at a very greate Charge in making a double fence wch will proue very much to his losse & detriment neith' doth it appeare to be by any publique Ord' of yo Towne but upon y° private Acct of yo Said Cap Coe, These are to require you to make speedy inquiry aft' this matter & if it shall be found as is alleadged that yo" forewarne y° said Cap Coe from his intended designe wch will proue no oth' then a Trespasse And that yo" rend me an Account thereof wth yo' opinion thereupon Given und' my hand at ffort James in New Yorke this 7th day of Aprill 1670. To y Constable & Overseers of New Towne als Middleborough. THE REPORT OF CAPT" MANNING & JAQUES CORTILLEAU ABOUT Y MEADOW IN DISPUTE BETWEENE Y TOWNE OF GRAUESEND & FRANCIS BROWNE. Right Honble In Ord' to a Comission to us lately directed from yor Honor we haue taken a due & perfect survey of y land held in dispute between the Inhabitants of Gravesend & francis Browne & upon due Consideration thereof we fynde cause to make Report to yo' Hono' as followeth, That neith' y Pattent of Gravesend people nor ye Patent of y° said Browne do lay any clayme to it but of y° Two we judge he hath y° greater Right, whereupon we have allotted him one Third parte thereof (wch lays directly before his doore) one Third to yo Towne for y° Costs & paines they have beene at, & y° oth' third we leave to yo' Hono" disposall. JOHN MANNING. The Governo doth approve of this Report & hath graunted y° other in his disposall to yo Towne, upon Condition they take out their Patent &c. |