USA > New Jersey > Historical and genealogical miscellany; data relating to the settlement and settlers of New York and New Jersey, Vol. II > Part 14
USA > New York > Historical and genealogical miscellany; data relating to the settlement and settlers of New York and New Jersey, Vol. II > Part 14
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Aprill 23 In a legall towne meeting the maior part beeing present the 4 men viz: Rich- ard Gibbins: Richard Stoutt: William Lawrence and Jonathan Hulmes (to whom the full and whole agitation in the townes be halfe was comitted to agitate with Robert Jones a bout a mill building this day reported to the towne what they had acted with the said Jones the towne upon this report: (owning their actings) did unanimously agree: and further ordered : That all such engagements as have passed under their hands in the towne be halfe to the said Jones shall bee made good by the whole towne
Testis Edw : Tartt deputed clerk for that present
[page] 5 July 22 1668 The lott numbered 33 with all the appurtenances and priviledges there- unto belonging: together with ten acres of upland adjacent to the mill: both wch are given and granted unto Robert Jones of New Yorke his heires successors or assignes for ever: to- gether with the water streame whereon the mill shall bee sett: for him the said Jones: to have and to hold as his ffree owne land of inheritance: with all and singular priviledges as any of this towne can or may Inioy by any purchase: gift : or grant whatsoever : allwaies provided : that the abovesaid Robert Jones his heires: successors : or assignes doe build : and maintaine a good sufficient mill: and that the above said Jones his heires : successors : or assignes is here- by engaged nott to sell: or to give any partt or parsell of the above said land ffrom the mill but that it bee kept intire to it *
Testis James Grover Towne Clark
October 28 In a legall towne meeting it was ordered: that this ffollowing declaration shall bee sent by the deputies to the generall assembly wee the ffree holders for the satisfac- tion of the governour and counsell declare: That whereas certaine men (by name) James Grover and Jolin Bowne apearing as Deputies to act in the countreys behalfe: this wee de- clare that the men were nott legally chosen according to summons it beeing nott published in any part of the countrey till the night beefore beeing the 24th of May The Inhabitants beeing many: and setled neere twenty miles distance could nott bee gathered together as above said yet it apeares that some few to whom the summons first came: made choyce of them unknown to the maior partt of the countrey who had noe hand in the choyce: nor knew not of their going till they were gon: and this wee declare to the governour and counsell : con- ceiving under correction : that wee are nott at all obliged to stand to their acting the choice beeing soe illegall being fearfull to act anything that might infringe or violate any of the lib- erties and priviledges of our pattent: and this is our result that wee desire our deputies to pre- sent to the governour and counsell for their satisfaction that it was neither contempt: nor obstinacy: nor wilfull on our parts that the choice was nott legall according to the summons. Testis James Grover Towne Cleark
October 28 1668
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The Inhabitants taking into consideration the liberties and priviledges granted by pat- tent: and fearing to have their deputies any way invovld under any oath: engagement: or subscripsion wherby any preiudice or infringment may come upon the liberties and privi- ledges thereof: doe hereby order and enact : and by these presents : it [is] ordered and enacted That this following proviso shall bee presented to the Governour and Counsell: desiring to
153
THE FIRST TOWN BOOK OF MIDDLETOWN, N. J.
have it inserted either in the oath: engagement or subscription : viz: provided that noc law : or act: or comand: wch is or may bee: made: acted: or comanded: may any way bec forcible against the liberties and priviledges of your pattent It is further ordered that if the governour and counsell please nott to admitt of the proviso: in the oath : engagement : or sub- scription that then the deputies shall refuse : cither to engage : sweare : or subscribe
November: 1: 1668 Jonathan Hulmes and Edward Tartt were this day by the pluralitie of votes chosen deputies to act with the generall assembly at Elizabeth Towne. Testis James Grover Town Cleark.
December 13 1668 James Ashton and Edward Tartt: Thomas Cox and Edward Smith were this day acording to the order made at the ginerall court held at Portland point in June last: for the choice of men to bec joined with the overseers: for to act with them in all such prudentiall lawes : and orders: for the towne: as is convenient : as likewise for the making up the rate for this present yeare: Testis James Grover, Clearke.
December the 16: 1668 The constable and overseers with the asistance of the towne Dep- utics taking into consideration the necessity of an equallity in towne and countrey levies Doe hereby order and enact That all towne and countrey levies shall bee levied upon mens estates consisting of horses : swine: and cattle: or what other visible estates may either now : or here- after apearc ordered ffor prevention of controversy wch might arise by uniformity of markes In hogs or cattle: and to the end that each mans cattle should be differenced [by] a knowne or generall marke it is ordered yt each inhabitant shall give the true report of his marke to the towne clearke and to have it entred upon the towne booke: and this to bee done betweenc this and the next court to bee held in January next for the wch the clearke is to have three- pence ffrom each Inhabitant for the same: and this order to bee observed by every inhabitant upon penalty of 20 shillings for his neglect: with this caveat that one crop on both eares shall bee taken for noe marke.
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December: 16: 1668 This agreement made with the overseers of this towne and James Grover concerning the laing out of the meadows: that is: that the sd James is to lay all the meadows out into lotts beetweene this and the first of June next and the said James Grover is to have three sufficient men to goe along with him: till the worke bee fully done and James Grover is to have for every acre that is layd out one pound of good merchantable blade to- bacco: it is to bee understood that the meadows that are to bee laid out are onely such that the towne shall thinke ffitt * Signed by James Grover.
January 4th: 1668 The earemarkes of the townes cattle Recorded as followith
* Richard Stoutts carmarke is cropt one the right car and a slitt in the middle of the crapp
* Richard Gibbins his marke is cropt one the neare earc the right eare beeing allsoe slitt downe in the middle and the halfe next the head cut off january ye 24th 1697-8 now is his sons mordeceys & his brand mark is M.G. on left buttock Wm Lawrence Clark
James Grover his marke is a crap one the neere eare the right care slitt downe the middle and the halfe on the out side cutt off
John Harrabin (?) his marke is a slitt downe the right care
Edward Tartte his marke is a slitt downe the right eare and a halfe round cutt out of the hinder partt of the same eare
* John Ruckmans marke is the top of the left eare cutt off and a slit in the remainder now Recorded to Johannes Smock [the date of the latter probably 1692-3 or 1732]
* Daniell Estall his marke is a hole through the right eare and a small peice cutt out of the out side of the same and a slitt cut of the outside of the left care-and now stands his sons Williams Febary 14 1692-3
* The asterisk indicates that the entry had been cancelled by an X across its face.
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HISTORICAL MISCELLANY.
John Wilsons marke is a crop on the right care and two slitts in the crop downe the care William Lawrence his marke is both cares slitt and the hinder partt cutt off:
* Walter Wall his marke is a half moone cutt out of the under side off both eares [page] 8
* John Hawes his marke is a hole in the left eare
* John Smith his marke is a crop one the right care and a small slitt under the crop and the left care two slitts
Jonathan Hulmes's is a crop on the right care and a square cutt out of the Inside of the neere Eare
* Tho: Cocks his marke is the top of the right care cutt off and a swallows taile and a hole in the left care
* James Dorsett his marke is the topp of the right cutt off
* Henery Marsh his marke is two slitts on the out side of the left care
* James Ashton his marke is a forke in the left care
* William Laiton his marke is a slitt downe the right care and a square cutt out of the upper side of the left care
* Steven Arnold his marke is a slitt right downe both eares
* Edward Smith : his marke is a crop one the left and a halfe round cutt out of the fore side of the same care [By a subsequent clerk, the name of Edward Smith is erased and the following substituted] Philip Smite his brand P S on tew xxxxx butok
* John Throcmorton his marke is a forke cutt out of the top of the right care
Joseph Wilson his marke is the top of the care cutt off beeing the left care and a halfe penny or halfe round cutt out of the fore part of the right eare [Joseph Wilson's name is erased probably by a subsequent clerk and the following substituted] Widdow harbertt or her sons Thomas Herbert
* Anthony Page his marke is the top of the right care cropt off: and a slitt downe the top of the left care
* Beniamen Deuell his marke is a slitt downe the left eare and a halfe round cutt out of the hinder part of the same care
* George mount his marke is the left care the top eropt off
* William Chesman his marke is a square cutt outt of the fore part of the left care
* Richard Sadler his marke is a slitt cutt downe the left care a square cutt out of the fore part of the right eare
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Edward Tartt had liberty this day to record six young cattle and seaven hogs wch were formerly marked with John horrabins marke weh are now running in the woods beeing three sows and foure barrowes xxx
Joh [Job?] Throcmorton his marke is a forke cutt in both cares
* William Golder his marke is a crop in the neere care and a slitt on the top and another under the further eare
* Beniamin Burden his marke is a square cutt out of the fore side of the off care and an- other square cutt of the hinder side of the neere care
* John Bowne his marke is a crop on the off eare and a slitt in the crop and another under the crop of the fore part of the same care.
Testis James Grover Towne Cleark
* May the eight: 1671 Richard Harttshorne this day gave in his marke as followeth :
Richard Hartshorne's marke is the forme of a swallows taile upon the neere care and a slitt right downe the furthear eare xxx
Testis Edw : Tartt : Town Clearke
. The asterisk indicates that the entry had been cancelled by an X across its face.
155
THE FIRST TOWN BOOK OF MIDDLETOWN, N. J.
All the markes beeing read off in publick Townmeeting were owned by every pertticular inhabitant xx
E : T
Septem: 4: 1672 Thomas Maurfoott his eare marke is a slitt downe both cares and the fore partt next the head cut off becing the forme of a square
Thomas Whitlocke his marke is the forme of a swallows tayle and a halfe penny or halfe round both cutt out upon the hinder partt of the off care Xxx
John Stoutt his marke is a crop in the off care and a slitt in the crop and a halfe penny or halfe round cutt out of partt of the neere care
John morford may the 4th 1676 this day gave in his marke as followeth: is a fork in the right care and a slit right downe the midell of the left care
[page] 10.
ffebruary: 1: 1668 At a court holden it is ordered that if any inhabitant in this towne shall deny to pay his rate when it is demanded that the constable shall destraine and for his distraint hec shall have five shillings after ten daies warning
Testis James Grover Town Clerkc
ffebruary: 4: In a legall towne meeting: ffor future security of the goods and cattle that belongs to the inhabitants of the towne: it is hereby ordered and agreed upon: that every inhabitant is Jointly enjoyned to give their asistance to secure the goods of every per- ticular inhabitant from any one that shall attempt: to take or cary any thing out of the towne under what coulor of law soever: and it is further ordered that every perticular inhab- itant shall make their apearance at all demands or warning by the constable or other author- ized by him to meet any where in the towne upon penalty of five pounds for non apearance or non asistance: and it is likewise ordered and agreed upon by the inhabitants that if any one beeing an inhabitant shall come or fall into any trouble about anything concerning the premises above specified : or shall bec called by vertue of any writt or warrant to apcare before any governour or court upon the same account of such apearance or such asistance that every such inhabitant shall have his time and expences discharged by the towne: and his domesticke business goe forward all the time of his absence: and these orders to stand forcible till ffurther order x
This was ordered to bee entered and subscribed by the maior part of the towne
It is ordered that James Ashton: Jonathan Hulmes Richard Gibbons Richard Stoutt william Lawrence and Edward Tartt shall give answer to the governors men in the townes behalfe x Testis James Grover Town Clerke
may y'e 4 1670 [1676?] Samull Willit this day gave in his marke as followth A slit in the Right care and hapeny under the left
Richard Hartshorne
agust the 24 1677
William Austen gave his mark as folleth is top of the right care cropt of and A slit downe the top left eare being formerly Antoney Page his marke
[page] II
it is ffurther ordered That Edward Tartt shall signe and seale to the writing that shall be sent to the governour x
It is further ordered that the clearke at present shall receive the laws ffrom the Governour miessingers : viz Luke watson and Samuell moore and upon the receipt shall declare that the town receives them for their owne security : only
It is likewise ordered that noe in habitant shall be seised upon or caried by violence out of the towne till the towne sees ffurthur.
here ffolloweth an answer to the warrant for distres [x x] ffor as much as Luke Watson
156
IHISTORICAL MISCELLANY.
and Samuell Moore the governors mesingers doe comand us to aid : and assist you in taking distraint of goods from the inhabitants of middleton to discharge levies levied upon them This wee declare That wee owne captaine Phillip Carteret to bee our governour whose law full : good : and Just comands : wee shall and will obey in all things : not for wrath but for conscience sake towards god : the liberties and priviledges of our pattent onely maintained in full and ample maner : but for as much as the Governour hath sent yee to take distraint of goods from a peoplee : that as yet are nott submitted to him (if the act of the generall as- sembly did not hold forth soe much wee would nott say soe) Though the same people will bee ready to yeild true submision to him : their Governour in all things yt are good and Lawfull : the liberties and priviledges of their pattent onely maintained : wee say : for as much as hee hath sent yee to to take distraint of their goods : as in our consciences wee Judge not to bee Just : for how can anything bee due from any man or people who are nott submitted : wee shall be passive here in refusing either aide or assistance to yee in the distraynt
Testis Edw : Tartt Town Clearke
[page] 12
March 17 1668-69 In a legall towne meeting : tho maior partt beeing present it was this day putt to the vote : concerning answering the demands of Luke watson and Samuel Moore : who were authorized by the general assembly to demand our positive resolution of submission to the goverment of the absolute lords proprietors as sayth the act : bearing date the 7th of november : it was unanimously resolved that this following act shall bee our posi- tive resolution and shall bee presented to the generall assembly Vis That if the oath of alleag- ance to our Soveraigne lord the king : and Fidelity to the lords proprietors Interest bee the submission intented in the act : this is our result : That as true Loyall subiects to the king: wee are ready at all demands : either to engage : sweare : or subscribe : all true alleagance to his roiall maiesty of England : as in duty bound either before the governour : or any other minister of Justice authorized by him to administer the same : without any equivocation : or mentall reservation as true loiall subiects ought to doe and this wee will perfourme abso- lutely xx
As to the Lords proprietors Interest
It beeing a new unheard of thing to us : and so obscure to us that at present wee are ig- norant what it is : yet as men : not void of Judgement knowing right well : that all oaths : engagements : or subscriptions : ought to bee administred and taken : in truth : in righteous nes and in Judgement : upon wch consideration wee are nott willing to sweare to (wee know nott what : yet by what hath bin presented and come to our hands from the Governour at severall times viz : 1 : an order or law came in the yeare 1666 prohibiting any from selling wine to the Indians : under great penalty : though it seems now : that above the quantity of two gallons may bee tollerated by a law : 2d : warrants comming to our hands : nott in his maiesties name but in the lords proprietors names : beeing such a name : as wee simple crea- tures never heard of before 3d : an acount that our deputies gave us : beeing returned from the general assembly held in November last who informed us thatt the honored Governour tould them (speaking concerning their pattent : that notwithstanding your pattent said hee : yett new lords must now have new lawes
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and further they declared to us that the governour toal them that governour Nicolls could nott give away his master's lands and further said that when your pattent was in grant- ing that captaine James Bullen my secretary putt in his caveat : and soe putt a stop to it : Captaine Bullen then affirming the same 4th 5th [Sic] An order comming from the Governour and Counsell bearing date the : 1 : of March (68) prohibiting the townes of Middleton and Shrews- bury from electing any officer : or any officer from executing any office upon penalty of becing proceeded against as mutineers : 6th : an act of the generall assembly : stiling : (the right honorable John Lord barkley and S[ir] George Cartrect) the absolute lord proprietors xx By all wch wee conceive : that the lords proprietors Interest is :: not onley : the absolute sov-
157
THE FIRST TOWN BOOK OF MIDDLETOWN, N. J.
craignity : ffrom wch all laws must bee given : but all soe : the absolute propriety : from wch all lands must bee holden : (wee say) if this bee the interest soe specified in the Governors late order : and intended in the oath : and in partt the submission demanded by the act
This is our result
Wee having received a pattent from his Roiall highnes the Duke of Yorkes Deputy : owning us : nott onely to have purchased our lands from the cheife proprietors of the countrey: but all soe impowring us to give prudentiall lawes to our selves : both for our safety : and our well beeing : : and should wee submitt to the interest : soe farre : as by either engaging : swear- ing : or subscribing to the lawes of the goverment under the lords proprietors : how contrary and preiudiciall would it bee to our present safetys witnes a law made the last generall assem- bly : giving liberty to sell wine to the Indians : wch liberty tends meerely to our destruction : many sad former experiences have wee had among us wittnessing the same : it beeing a liberty soe contrary to the lawes of New Yorke from whence our pattent had its originall over and besides (our pattent giving us such liberty) as giving laws to our selves : how are wee bound to take lawes from the goverment of the lords proprietors (criminalls and apeals excepted) by wch it is manifest : that neither the lords proprietors nor the generall assembly can in the least breake our liberties and priveledges : butt wee ourselves will bee found to bee selfe vio- lators of them in submitting by swearing
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to such and Interest : as wee are nott bound to : besides at present noe provision beeing made by the lords proprietors Goverment. for the conservation of the liberties and privi- ledges of our pattent they are liable to bee infringed upon by such acts wch are resolved by the maior vote in the generall asembly : then how should wee submitt by swearing to the lawes of the goverment : and nott be guilty of selfe violation of our pattent our selves x And for as much as they are stiled the absolute lords proprietors ffrom hence : it is absolutely granted and necessaryly followeth that all such inhabitants as lives upon this propriety : are absolute tennants to the lords to the lords proprietors : and by vertue of this their submission : by oath to their Interest : are irricoverably invovld to pay such lords rents : as will answer the Interest to wch they have sworne : and should wee submitt to the Interest soe farre as by swearing thereunto : Having a propriety of lands nott onely purchased from the cheife Proprietors of the Countrey : Viz : the Indians : but allsoc granted unto us by the Deputy to his Royall highnes the duke of Yorke (weh apears under hand and seale) it would bee an act beneath the wisedome of the owners of such a pattent : and herein wee should apeare to bee selfe violators of our pattent ourselves : and for as much as the lords proprietors rents from such inhabitants as lives upon the propriety) apears in the concessions : viz : a halfe penny an acre at least : should wee submitt soe farre to the Interest by swearing : whose acknowledgments by vertue of pattent to his Royall highnes : have their dependancy upon such payments as others his maiesties subiects doe in the goverment of New Yorke to his Royall Highnes : it would bee an act as wee conceive wch would bee a dishonner to him that gave it : Here in wee should apeare to bee selfe violators of our pattent our selves : but for as much as there is an asignement made by his Royall highncs to the lords proprietors of such a tract of land in wch our pattent may bee comprehended : wee looke at our selves to bee (not onely) responsible to the lords proprietors : in all such acknowledgments as others his maiesties subjects doe : in the government of new yorke to his Royall highnes : (butt alsoe) to transmitt all criminalls arising amongst ourselves : and such apealls as are proper to bee transmitted : to the triall of lords proprietors goverment : : These : and nos other beeing the same iniunctions : wch once wee were subordinate to the goverment of New Yorke : nott any way now nullified : altered : or changed as wee conceive but onely tranferred by virtue of the Assignement to the sayd lords proprietors and their Goverment : Notwithstanding for the future benefitt and tranquillity : and for the establishment of peace in the province : wce shall bee willing to submitt to the lords proprietors interest
158
HISTORICAL MISCELLANY.
[page] 15 acording to the late order provided that some secure way could bee proiected : or some provision made by the lords Proprietors goverment : weh inight secure us from destroying of our selves by weakning this our interest wch wee soe highly prize weh indeed is the very foundation of our lively hood : if noe secure way or course : can bee thought one : or proiected to secure our owne interest : wee are att present resolved : not to intangle ourselves into any other interest pertaining to any men : but shall : (by the asistance of God :) sticke to our pat- tent : (the liberties and priviledges thereof wch is our interest : wch once was committed to us: nott to betray : like treacherius men : who for filthy lucre's sake have bin ready to betray themselves and others : but to deale faithfully with : it beeing a trust committed to us : and in soe doing : wee conceive : wee need nott feare whatt any man : or power : can doe unto us : and for as much as att present wee conceive : that upon this our Interest there hath bin lately an in road made upon it : by vertue of an order coming from the governour and counsell : and by commision : published in our towne : prohibiting any officer that hath bin constituted by vertue of pattent to execute any office till they had sworne to the lords proprietors interest upon penalty of beeing proceeded against as mutineers : (too salve wch) wee shall make our addresses unto the highest authority in the country for remedy : and this is our positive reso- lution in answer to the act : desiring further: that this our answer may bee presented to the generall asembly to prevent misinformation.
Testis Edward Tartt, Towne Clearke
May 3d 1669 The inhabitants at a legall towne meeting have made choyce of constable : and overseers : and Towne clerke : for this present yeare
James Ashton constable Jonathan Hulmes Richard Stoutt Edward Smith James Bowne Edward Tartt Town Clearke.
Overseers.
It was ordered that the Towne Cleark now chosen shall signe to the submision in the name of the towne and shall send it by the first oppertunity to the governour to bee comunicated to the generall Asembly :
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