USA > New Jersey > Historical and genealogical miscellany; data relating to the settlement and settlers of New York and New Jersey, Vol. I > Part 19
USA > New York > Historical and genealogical miscellany; data relating to the settlement and settlers of New York and New Jersey, Vol. I > Part 19
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48
Allthough that Injustice of the Proprietors Set the old Inhabitants almost In a fiery flame they thought it No Boot to hazard a Law Suit for the Reasons following ( viz)
By that time there was a Considerable number of people Setled In the Country Who was there- unto Incouraged by Reason that the Greatest Hazard Hardships and Difficultyes was past, and you ye Proprietors Let them have our Land that you Took from us on as Easey terms as wee that had run the Hazard born the brunt and once allready pa for it both to The Proprietors and Indians, I Say there Could be Little Hopes of Justice where our Advesaries Would Set our Judges and the Fury Likely to be made up of Such Persons, Who if they Gave a Verdict for us must Condemn their own Title and Implicitely acknowledge their Lands that they Bought of the Proprietors was ours:
Therefore I think Whoever Will be Impartiall must ludge till you make it appear that you had a right to the Soill You Can have no Right to rent for it.
Pro: Do you think that there is no acknowledgment Due to the Proprietors :
Will: Not at all Because they Never had a right to the Soill therefore no right to rent for it
Pro: Did not King Charls Grant the Soil with the Goverment to the Duke of york: and he Grant the Soill with the Goverment to the Proprietors :
Will : The Question is How King Charls Came to have a right to ye Soill.
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HISTORICAL MISCELLANY.
Pro: King Charls Got it by Conquest when he took it from ye Dutch
Will, that is Denied because the Dutch Never had that tract of Land now the County of monmouth In Possession by reason of their Wars with the Indians They Dare not Venture over to Take it. In Possession Seeing the Dutch never had right nor Possession King Charls Could not obtain a right to the Indians Land never Sold to the Dutch by Conquering the Dutch.
Pro: You Will not allow then that King Charls had a Right to the Soill. Therefore the Pro- prietors none.
Will. No because he never had it by Discoverry Conquest Gift nor Contract Therefore no Right the Soill.
Pro: Pray by what title Do you Pretend to hold your Land if not by patent from the Proprietors, Wee hold our Land by (an honest Purchase and Consideration paid for)
Will. A Title Derived from a Charter Granted to the Sons of Adam by the Great and Absolute proprietor of the Whole Universe God almighty and has Stood Recorded In the best record on Earth 3198 years In these words, Remember the Days of old Consider the years of many generations, Ask thy father and he will Show the thy Elder, and they Will tell the When the most High Divided to the Nations their Inheritance. When he Seperated the Sons of Adam; He Set the bounds of the People :
Pro: Then you Deney that their is any acknowledgment Due to the Proprietors.
Will. Yes Wee Do
Pro. and So Consequently to the King.
Will. The acknowledgment wee owe and Duely pay to the King Is In obediance to his Laws and being Bound to Soport maintain and Defend his Person Crownes Dignity to the utmost of our Power &c Now to Conclude I Speak for my Self That When you Make it appear that att the time you Granted my Patent you had better Right to the Land then I had, I Shall be Willing to Pay Quitrents, but till that be Done I Hope In Justice to Hold my Land free by Plain Dealling.
LOG OF A JOURNEY FROM RED BANK, N. J., TO NEW YORK CITY .*
A journal of our intended voyage by Gods Permission from Red Bank to New York Distant 12 Leagues in ye sloop Portland and back Again.
On Saturday the 9th Novm'b 1734 we went on board In order for to come to Sail but in weigh- ing the best bower it got fast under the Stern and it not being got light we could not clear it untill the tide was so much fallen that we could not get away so we was obliged to go on shore again the wind W S W and went home and Likewise the Passengers went home.
On Sunday the roth we went on board without the Passengers early in ye evening and got Down the river as far as Mr. Pintards it being one mile but it was with much labour for their was no wind and we were oblidge to Row and set all the way, when we came their 7 passengers came on board but went on shore again for the wind sprung up at E & S and that being contrary we went home again on foot, wet weather.
On Mon'd the IIth at 12 o'clock we went on board again with 5 passengers and sailed down the river as far as Rocky Point the wind at S and their got aground and Lay untill hy water that being at 9 o'clock when we weighed Again & with Abundance of Difficulty and hard Labour we got to black point then it being Late in the night tho it being but I mile yet the wind being at S Contrary we ware oblidg to row and set all the way and got aground several times then being come to an Anchor we went on shore & some of our passengers Lodged on shore the weather being all day Lowering. ye distance from Mr. Pintards to black Point being 2 Lgs.
On Tues'd we went on board Again with all our passengers In ye morning & set sail & sailed to- wards the Inlet about I mile and there got aground & tho we carried out an Anchor & strove verry hard for it yet we could not Get off that tide, then their came a Cannoe & fetch't one of our passen- gers & some of ns went on shore & barbycued a pig and Eat him, then towards Evening went on board Again and at hy water we strove to get off again but could not tho we carried out an Anchor & took much trouble. in the evening came in a sloop from Rhode Island Capt John Watson Commander & run aground in call of us at Dark came a Cannoe on board and took one of our passengers on shore.
* This trip to New York City, taking six days in 1734, is now made daily in three hours.
223
LOG OF A JOURNEY FROM RED BANK, N. J., TO NEW YORK CITY.
So we finding our Labour in striving to get off to be in vain we went to sleep the wind at W & N clear weather.
On Wednes'd by Break of day we began beat and thump and at hy water we got off and got over ye shole, we lay upon and came to an Anchor. Likewise the other sloop got off and slipt her cable & left her boat with it & got some of our passengers to carry it to black point. in the after'noon they came back with that passenger that Left us the night before. then we went on shore 4 of us and got some wood. while we were on shore one of the Passenger that came on shore with us had a fit of feaver & Ague. when we came on board Again we weighed Anchor & in cafting the Anchor the Cat-roap broak & ye Anchor fell down Again and before we could get it up again we got aground & was obliged to carry out an Anchor Again & in about 1-2 an hours time we got off & sailed Down to the baar, but it being low water we struck upon the baar & lay thumping bought I hour, by this time the sun was Down & when we got out the wind was at W B[?] N. we sailed along Sandy hook about 2 miles & then the wind began Scant upon us and at last came to N. W then we were oblidged to turn it & in 3 trips we got within the hook. we had a verry rough time and several of our passengers ware sick. we ran against shole harbour & came to Anchor there at II o'clock at night & went to sleep. some of our passengers ware yet siek the weather indifferent & Clear. she rid all ye night wind still at N W & blew freslı.
On thurs'd towards day we awoke and boiled a pot of potatoes & eat of them by Day light. we weighed Anchor and came to sail. the wind still at N W that morning we got into Permy City Cove where lay 2 Vessels one of them from Egg Harbor which was full of water. ye people came on board of us to get some meat we having a small shoat let them have half of it & took part of the other & carried it on shore with some potatoes which we Exchanged with the other people for musty In- dian meal & made Doboys of it at an Indian wigwam. so having Eat our Doe boys potatoes & pork & got some wood, towards Evening we went on board Again all but 2 passengers which Left us & went home on foot. so then we had lost 3 of our passengers. ye wind still at N W clear weather. the man that had a fit of the feever & ague yesterDay had another this Day. Also I cut my Right hand with a Shell very badly.
On Fri'd we boiled more potatoes & pork & Eat that for our bread was all spent. towards Even- ing their came a man & hail'd us, 4 of us went on shore to him & he told us he wanted a passage to York, we told him ye wind was contrary & we could not tell when we should go for it was at N W still, so he Left us. then having got some wood we went on board Again, by this time we found ye wind was shifted fair for us, we quickly come to sail and with much Difficulty we got out of the Cove. the wind at S W by this time it was dark, however we steered our course. then we boiled more potatoes and Eat them without Anything. then being oblidged to steer by the Compass we had no Candle but were oblidged to put some tallow in a rag & Do with that, then having made the narrows at 10 o'clock at night we had I small bottle rum which finished by the time we got into the narrows. then the wind dyed away and we hoisted our Square sail but presently the wind sprung up and Broak thie Oar. we burn'd it out with & had like to have carried the Square sail away but haveing a brisk gail & fair we got to York by II o'clock that night but in comeing to run into the Dock we run with our Bolt Sprit upon ye Long Bridg.
I had like to have Broak it & tore ye jib but haveing clear'd her again we with much difficulty haled her along the Dock where having fastened her & Landed part of our passengers & secured all things the rest of us went to sleep the wind at S W, clear weather.
On Saturday we haled Clofse to the wharf ( for we could not get Clofe Last night the tide being too low) & Landed our wood which was a cord & 3-4, then haveing some barrels upon Deck we went to Lower them into the hold & they laying upon the side next to ve Dock when we took them off she Listed off & broak ye down hale of ye jib which was made a fast off and stove a barrel of flour and a barrel of meat and broak a cheefse but having lighted her again and put things in order by this time it was night, the wind W B[ ?] N, clear weather.
On Sun'd ye 17th Novem'br at night, came to town 2 of the pafsengers we left behind-this day all good weather.
On Mon'd we landed some Leather & Cheefse we then being got unto Connclies Dock, the weather clear.
On Wednes'd we took on board 4 pipes of Syder. in takeing of them on we split one of the takel blocks and was put to much trouble to get them in.
Also we took on board 8 barrels and 2 Crates and other goods. at night by candle Light we spliced the Down hale of ve Jib intending to sale at 4 o'clock ye next morning, for then the tide did serve, and ye wind at S, fair and good weather. On Thurs'd by 2 o'clock in the morning we got all things in order for to sail and got water on board, but their being 4 Vefsels of us, all Defineing to sail to-
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HISTORICAL MISCELLANY.
gether, and had Appointed to Call upon one another & we trusting to that, went to sleep. they all went away without calling upon us, so when we awake our vessel was aground and we could not go that tide tho ye wind was fair, when we floated again we came to sail, ye wind at E B [?] N and rain by the time that we got down to ye narrows, the wind was got to N E and ye tide of Eb was made for us then we had a Debate Among us whether we should come to an Anchor their and stay untill better weather or stand along, but at Length we concluded to stand along and see it out, but the fog was so thick that we ware oblig'd to steer by ye compafs and in crofsing ye bay the Cask shifted in ye hold ye Seas being so rough-Likewise our main sail give way out of the bolt Roap, ye wind being so hard, however after some time we made Sandy Hook, we then being within we made for permy City Cove but in going in we grounded upon ye point of the Cove, but haveing a fresh breeze we rub'd over but being Desireous to get as far in as we could we went to put her in stays, but she mifstayed several times, then we wore her but with mifstaying so often we were got so near ye shoal that in waring she struck, but rub'd over, then we find the wind so hard that it was impofsible to bring her to stays we come to an Anchor in ye mouthi of ye Cove, so have- ing put things in order we went and kindled a fire and warm'd ourselves, their being but 2 pafsen- gers, we went to sleep, ye wind still at N E and rain and cold uncomfortable weather. On fry'd morning went to mend ing ye main sail, but for want of a nedle we were oblidg to make one of an old fork, which we made holes through ye sail and put ye twine through and so round ye bolt roap. so having mended some part and hoop ye other by taking a reef we come to sail ye wind at N W and in 3 trips we got round ye point of ye Rock the wind then being fair we in a little time got in ye River but just as we come to black point ye wind being contrary thare we got aground and was oblidg'd to carry out an Anchor before we could get her off but having got hier afloat.
[This paper was copied from the original for me by a painstaking friend, and while I believe it to be correct, I have never had the opportunity of comparing it.]
RECORDS OF THE COURT OF SESSIONS OF THE WEST RIDING OF YORKSHIRE, 1676 .*
[First and second pages missing.]
Geo. wood plt Jno. Ramaden Deft
This aceon was withdrawn after Time & therefore to pay cort charges
Arian Hendricks - plt
Rien Jansen Deft Withdrawn after time ut supra &c
Dirck Jansen - plt Rien Jansen - Deft Withdrawn after time to pay ut supra
Albert Cornelisen Wantanaer plt
Andreas Juriansen Deft
In the Accon of Defamacon wherein Albert cornelisen Wantanaer complained That Andreas Ju- riansen had most maliciously and scandalously reported that the plt. was guilty of Buggery wth a Mare, web the Deft did still affirm was true; but after a Long Debate, in cort & severall witnesses sworn for the Deft : weh Evidences, not proving sufficient to make good his charge was at Length referred to a Jury who brought in their verdict for the plt, and that the Deft shall pay with costs of suit.
* The Records of the West Riding of Yorkshire are widely scattered. The part here reproduced consists of a number of leaves irregularly bound together and incorporated with Liber T., Kings County (N. Y.) Conveyances, in the Hall of Records, Brooklyn, N. Y. The leaves in this copy have been correctly arranged, but the text lias not been disturbed .- J. E. S.
225
COURT OF SESSIONS OF THE WEST RIDING OF YORKSHIRE.
The cort agreed with the Verdict of the Jury, & gave Judgmt accordingly-
The Deft appealed from the Verdict of the Jury, and Judgut of the cort & Entered into a Rec- ognisance of 2001bs to prosecute his appeal at the Next cort of Assizes.
Assur Levi plt Jan Van Kirke Deft
The plt declares yt the Deft is indebted to him the sum five hundred, and eighty Guilders, & two stivers, wch being proved in cont : & referred to a Jury the[y] brought in their Verdict for the pit wil costs. The cort : ordered JudgIt : to be Enter'd accordingly & yt the sd Debt be pd : wthin 2 mnº: wth Inter'st.
Assur Levi - plt Minne Johannes - Deft
The Plt by his Attorney complaines of the Deft of a plea of Trespass on the case yt the Deft is indebted unto him the sum of 400 sea"t Value weh being also referred to a Jury brought in their Ver- dict for the plt. The cort agreed with their Verdict & gave JudgIt accordingly.
Tho Walton plt. Peter Belieu - Deft
In the complt brought into this cort by Tho. Walton against Peter Belieu about two Gunns taken from the Plt by the said deft. The cort having heard the matter in difference debated on both parts, & not finding that the Deft had any, or sufficient Order from those then in power to take away the said Gunns from the complainant, much less to dispose of them: They doe order that the Deft shall return the said Gunns to the Complt if to be had, or two others that shall be judged by indifferent persons to be as good, otherwise shall be obliged to make satisfaccon for the Value within the space of 6 weeks after the Date hereof, and likewise pay the costs of prosecucon of the comple : in this cort.
Jno: Sharpe - plt
Nath: Brittain
Deft
The cort having heard the case fully debated referred the same to a Jury who brought in their Verdict as follows ( vizt ) Wee find for the plt wth costs of suit, but withot taking notice of the Dam- mage the Deft hath sustained by the loss of his servant wch wee cannot adjudge of, wee referr to the consideracon thereof to the Bench, whereupon the cort agreed with the Verdict of the Jury & gave judgmt accordingly.
However in regard the Jury have referred the consideracon of the Deft's case of his seryt unto the cort they recommend the same unto his Honor the Governor : That hee will please to appoint some persons to make inquiry how the seryt in Question was taken away from both plt and Deft, and whome which the [y] Judge to be the occasion of the Loss of the said servt and how farr they may be lyable to make reparacon for the Dammage by that means susteyned
Tho. Taylor plt Titus Serricks Deft.
The plt declared against the Deft in an Accon of Assault, & Battery, but by consent of both ptyes The Accon being withdrawn after the time, It was agreed between them yt the Deft should pay costs.
Tho. Taylor - plt Titus Serricks - Deft.
The plt : complaines of the Deft : in a plea of Trespass on the case for the sum of one hundred, and twenty Guilders, due for a saddle &c This accon also being withdrawn after time was agreed upon ut supra.
Nath: Brittain plt : Nathan Whitman Deft
Wm Brittain
In the compl : brought into the cort by Nath : Brittain agst. Nathan Whitman and I'm Brittain for pulling up their part of the comon Fence of the Town of Dover upon Staten Island, and removing
226
HISTORICAL MISCELLANY.
the same for their particular use weh (as is alleaged) did prove much to the Dammage of the com- plaint, and is contrary to the Laws of this Governmt and custom of the country concerning Fences
The cort doe order that the common fence shall be again made good by the psons who removed the same, and remain as heretofore untill by the consent of the Town it shall be otherwayes ordered between them. As to the Dammage the complainant may have his remedy at Law against them, if not otherwise issued between them. the deft, to pay costs.
The Peticon of Jan Jansen Veryn being taken into consideracon, wherein hee complaines yt hav- ing divers yeares since had a Determinacon of a certain difference between him the complainant and Timothy Gabry Deft : after having past the severall pts of this Governmt and Recd a Ratificacon from Governor : Nicolls, yet notwithstanding the Deft: (as is alleaged) in the Late Dutch Governmt did un- justly molest the complainant upon the same Accot; & obtained sentence against him reversing all for- mer proceedings very much to his Damage for the weh hee craves Reliefc
This cort adjudging it to be above their Cognizance having past the superior cort of the Gov- ernmt allready doe recommend the whole case wth all the former proceedings (copyes whereof are hereunto annexed) unto his Honor the Governor, Together wth what Dammage the plt may have sus- teined to give his Judgmt thereupon.
Captn Tho Lawrence pĪt Cornelis Mattys Deft
The Deft being unprov'ed [ unprovided?] at present of his witnesses craves time of this worfull Cort till the next Sessions wch was allowed of & agreed to by the plt
At a Cort of Sessions held at Gravesend In the West Ryding of Yorkshire upon Long Island be- ginning on the 21th day of Dec. in the 27th year of his Matles Raign Annoq Dmni 1676
Present.
Capta Matthias Nicolis Secretary Presidt.
Capta Tho Willet. High Sheriffe
Capta James Hubbard.
Capt Elbert Elbertsen. Justices Capta Jaques corteleau
Justice Richd : Betts being
said to be sick appeared not
The constables being called over all appeared wth their staves Jury sworne
Accons
Captn Jno: Manning plt Peter Roelofsen Deft
This Accon was withdrawn this Very morning, to pay all charges, being an Accon of Trespass on the case
Capta WVm Lawrence plt Jan Van Kirk Deft
The Plt declared agst the Deft in an Accon of the Case for 400 wt of Tobaccoe & 2 steers. The case being fully debated, & heard in cort was referred to a Jury who brought in their Verdict for ye plt and the Deft to pay costs.
The cort agreed with the Verdict of the Jury and gave Judgmt accordingly
Execucon issued forth, and
directed to Capta Tho. Willet High Sheriffe of Long Island
227
COURT OF SESSIONS OF THE WEST RIDING OF YORKSHIRE.
Elyas Doughty & Plts
Wm Osburn
Henry Bowman Deft
The Pits declare agst the Deft in an Accon of Trespasse on the case for the sum: of forty two pounds, & six shillings Mr. Sam: Blagg being sworn in cort declared yt the Deft came to him and de- sired him to pay 141b for him to the pits, wch upon his Request hee gave him his Note for, and hath paid part of the said sum, and is ready to pay the rest.
After a full hearing in cort the matter was referred to a Jury who brought in their Verdict for the Pts and the Deft to pay costs but Mr. Blaggs Bill to stand good. The cort was pleas'd to Order that Judgmt should be Enter'd according to the Verdict of the Jury
Elyas Doughty and Ww Osburn- Plts
Henry Bowman Deft.
The Pits complain of the Deft of a Plea of Trespass on the case &c for the sum of five pounds upon one Bill and forty shillings on a nother ; Mr. Richd Man being sworn in Court declared That the Widdow Perring of seatalcot gave him wherewithall to pay the two Bills, of which hee paid 51b by the PIts order to Abraham Whearley and the other 408 hee tendred to give the widdow Credit for; The case being referred to a Jury they find for the Deft The PIts to pay costs.
The cort agreed wth the Verdict of the Jury, & gave Judgmt accordingly.
Matthew Beagle pit Henry Bowman - Deft
The Plt not having put in any Declaracon the Deft desired a nonsuit, weh the cort was pleased to allow of.
Sam Blagg plt
Henry Bowman - Deft.
The Pit declared agst the Deft for the sum of twenty three pounds due by Bill under the Defts Hand bearing Date the pm[?] Decemb 1676, for the weh sum the Deft confest Judgmt in Cort
Jno : Robinson &
Abr: Whearley PĪts
Attor : of Tho. Doxy
The Estate of Major
Nath: Kingsland Defts
This matter after a full hearing, & debate in cort was referred to a Jury who brought in their Verdict for ye plt8, and the Deft to pay costs
The cort agreed wth the Jurys Verdict, and gave Judgmt accordingly
Mr. Leet the Defts Attorney mov'd for a Review wch was graunted
Charles Morgan plt Arian Hendrick Deft
The Plt complaines of the Deft in an Accon of Trespass on the case for the quantity of 40 scheple of winter wheate, & 12 scheple of pease, Both ptyes by consent the Accon was withdrawn after time, and the charge to be equally devided between them
Tho. Wandell makes Return of an Execucon against Tho. Sherman by James Way &c. on the be- halfe of the sonn of the said Sherman. The cort will Justifye what hath been done in prosecucon of their Order his Lott being sold to make satisfaccon, The overplus to be returned to him.
There is a Beast of 4 yeares old at Boswyck that hath been kept 2 winters, sixty Guilders is askt for Keeping him.
The Church affairs as to Ministers, or Readers, & schooles for children moved to be considered, Gravesend noted to be the most remiss herein.
Thomas Lamberts former Constable of Breňcklin peticoned the cort for a Discharge from Capta Manning then Sheriffe for country Rates paid by him, he being sued, & condemned to pay more
The cort orders yt Captn Manning give him a Receit, and hee to be accomptable for no more than what hee hath Received.
228
HISTORICAL MISCELLANY.
Mr. Leet and Mr. West moving the cort to have Execucon against Geo. Fido according to a former Judgmt of cort, upon a Review The Cort ordered That Execucon be confirmed.
Geo. Wood of Newtown being presented by the Constable of the same place for scandalous, & abu- sive speeches, & taking up an Ox yt was none of his own, & no proofe appearing to make good his charge The said Wood is by the Cort cleared Thereof, And if the officers of the place have anything to object agst the said Wood they are to prosecute him at the next cort of Sessions.
Nicolas de Meyer plt
Hend: Williamse Deft.
The Deft confest Judgm' in cort to the PIt for 1312 Guilders Seawt
Nicolas de Meyer plt
Gerrit Lubbertsen Deft
The Deft confest Judgmt in cort for the Quantity of 832 Scheple of Merchantable Winter wheate, and 28 scheple of Rye
Nicolas de Meyr plt Symon Jansen Deft
The Deft by warrt directed to Mr Leet his Attorney confest Judgmt for the sum of 2500 Guilders
Ralph Cardwell plt Jno Airesen Deft
The Plt declared agst the Deft in an [action] of Trespass on the case for the Value of three hun- dred, forty & three Guilders in corn at price currt, and produced a Bill in cort under the Defts Hand for the same The Deft said yt hee offerd the paymt of the said sum to ye plt in Rum, or searge by the Hands of Capta Nicolls which was refus'd by the Plt. Capta Nicolls being absent about publiq Business by the Governors Order The Deft mov'd for a Demurr till the next Sessions. After a Long Debate, & full hearing in cort The matter was referr'd to a Jury, who brought in their Verdict for the Plt and the Deft to pay costs of suit, whereupon The Deft mov'd for a Review (his principall Evidence being ab- sent ) weh was graunted by the cort
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