USA > New Jersey > Historical and genealogical miscellany; data relating to the settlement and settlers of New York and New Jersey, Vol. II > Part 15
USA > New York > Historical and genealogical miscellany; data relating to the settlement and settlers of New York and New Jersey, Vol. II > Part 15
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Testis Edw : Tartt Town clearke [page] 16
May 6th 1669 The constable and Overseers : considering the order of fencing That hath bin practized in fencing since the towne was first in beeing : by fencing in a generall way in all quaters of the towne doe hereby enact that the above said generall order of fencing shall bee continued by all the in habitants for order sake to the extent of sixty Rords in length : Testis Edw : Tartt Town Clearke
May the 23d: James Ashton Jonathan Hulmes : and John Rueman were chosen to asist James Grover in Laying out the meadows and acordingly tendred their asistance at the day apoyntd at James Grovers House x
Testis: Edw : Tartt Town Clearke
May the 25 James Ashton : Jonathan Hulmes : James Bowne were this day by the plu- ralites of votes chosen deputies to act with the pattentees at the generall courtt or the ad- iourments thereof to bee held at Porttland point the 27 of May
Testis Edw : Tartt Town Cleark
June the 12th In a legall towne meeting the maior partt beeing present It was this day ordered that all acts and orders as have formerly passed concerning laying out the meadows : are by these presents mad void : excepting such orders as tended towards making high waies :
159
THE FIRST TOWN BOOK OF MIDDLETOWN, N. J.
and the quality of James Grovers pay : and of the men to asist him such to stand forcible : and doe furthur enact that the meadows that lies only about shoale harbour necke shall for present bee laid out into 36 lotts : the rest to bee laid outt beetweene the 29 of September: and the 25 of December x
Jonathan Hulmes beeing sicke : George mountt was chosen by the maior vote to supply his roome in asisting James Grover
Edw : Tartt Town Clearke
[page] 17
Fune 14 1669 It is further ordered that the meadows shall bee fenced with a generall fence by the whole Inhabitants beeing thirty-six in number x x the fences to bee made and maytaind
John Hawes being chosen by the maior vote to warne towne meetings : it is therefore ordered: that all meetings soe warned by him : having notice from the constable shall bee acounted legall towne meetings: and to receive at the end of the yeare twenty shillings for his paines x
It is likewise ordered: that if the number (thirteene) of the Inhabitants meet: (upon a generall warning of the whole Inhabitants that every such meeting shall bee acounted a legall towne meeting : and shall have power to act The : 6th of the 4th month in a towne meeting this above said order was made void :
It is further ordered That the bridge: called the new feild bridge shall bee sufficiently graveld : and that upon the 28 of this present month : every Inhabitant is enioyned to apeare to doe such worke about as the Overseers shall see cause: The Inhabitants that have teames shall bring them acording to the apoyntment of the overseers and for every defect of not coming by any inhabitant shall forfeit five shillings to the use of the Towne x
It is further ordered That a bridge shall bee made over the swampe in the lane called the south lane betwixt this and the 25 of December next ensuing
for a future benefitt to every perticular Inhabitant upon debate it was further resolved : That a sufficient cart way shall bee made by the generall Inhabitants to every perticular mans meadow beeing thirty six in number : the Paid waies to made and maintained.
Testis Edw : Tartt : Town Clearke.
[page] 18.
Fune 15: 1669 It is further agreed that the men That are deputed to asist James Grover in the laying out the meadows shall bee satisfied in soe many dayes workes as they are out upon the service : and these dayes workes to bee perfourmed by the rest of the Inhabitants at such times as they are upon the service Themselves bearing an equall part with the rest
James Ashton making a satisfactory excuse to the Towne of nott asisting James Grover in laying out the meadows John Smith was chosen to supply his roome
x
x
x x x X x x x x x x x X x x
It was further ordered that the equality of the division of the meadows is putt to the Judgement of James Grover : Richard Stoutte : and Jonathan Hulmes
It is likewise ordered that as many lotts : as acording to Judgement are found defective: that upon Just complaint : the three men : viz : James Grover : Richard Stoutte : and Jona- than Hulmes : shall take a veiw : of the said defective meadows: and acordingly shall give the choice in this second division to the owners of the defective meadows : and further that acording to the degree of the defect of any ones meadow in the first division : viz : (shoale harbour meadows) soe have they full power (by vertue of this order) to dispose of successively : wch disposall of the three above named : by agreement of the towne shall stand for Equality
Ordered : that upon debate : of putting fresh lotts to salt lotts acording to the desire of some who thinke it equalty is left to decide : when an exact cognizance of the meadows is taken when they are divided : and the fresh and salt lotts in the first and second division of meadows well veiwed
Testis : Edw : Tartt : Town Clearke.
160
HISTORICAL MISCELLANY.
[page] 19
June 21 : 1669 Edward Tartte beeing formerly chosen Towne Clearke for this present yeare taketh his engagement wch is as followeth
You doe ffaithfully promise and engage to bee true to that trust That is committed to you in point office and to keepe a true Record of all acts and orders that are made : both by the constable and Overseers and likewise by the inhabitants of this place to the best of your un- derstanding as you answer the contrary at your perill x per me Edw : Tartt Clearke
July 20 1669 William Lawrence : Daniell Estall : George mount : and Richard Gibbins were chosen Deputies for this present yeare acording to the order made : to asist the consta- ble and Overseers
Testis Edw : Tartt Town Clearke [page] 20 fuly : 26 : 1669 At a court holden in the Towne of Middleton : where was present James Ashton : Constable : Richard Stoutt Jonathan Hulmes : Edward Smith : Overseers : Richard Gibbins : William Lawrence : Daniel] Estall George Mount Towne Deputies x upon debate : it was at length putt to the vote by agreement of the Constable and Overseers to gether with the Deputies : whether this ffollowing should pas ffor a towne order or noc : it was by the maior vote caried in the affirmative : That it should pas : viz : The Constable and Overseers : with the asistance of the Towne Deputies : considering the towne to bee now wholly com- pleated beeing full acording to their number : and beeing carefull to obstruct and hinder any charge that may arise by meanes of any persons beeing non residents : coming to soiourne with in the limits of the Towne : ffor the future prevention of all such charges as may arise by any persons soe coming to soiourne: doe hereby order and enact: that noe person beeing an inhabitant in the towne after publication hereof shall harbour or entertaine any such per- sons what soever: nott exceeding the time of ten daies : without aquainting the officers of the Towne upon penalty of forfeiting twenty shillings a night above the tearme of Ten daies : and it further ordered that if any inhabitant soe entertaining any such person or persons and aquainting the officers as above sd : shall bee bound to putt in such securyty as the officers of the towne shall thinke fitt and upon refusall of
[page] 21 putting in such security : shall bee liable to such a fine as above said x x After this above sayd order was by the consent of the Constable and Overseers and Deputies subiected to a maior vote and resolvd in the affirmative: William Lawrence one of the deputies protested against it and desired to have it soe entred Richard Gibbins likewise another of the Deputies clissinting therefrom: desired to have it soe entred The Towne Clearke was ordered by the court to publish this order : by fixing it upon some publicke station : :
Testis : Edw : Tartt : Cleark :
December 25 : 1669 In a legall towne meeting: it was ordered by the maior vote that the lott in the poplar feild belonging to Thomas Cox shall bee made good with 6 acres of good upland wch addition was made by the Judgement of William Lawrence and Steven Arnold and this to bee made before any other land be laid out
The whole quantity of upland of the lott : number : 16 : was this day by the present Posesor : viz: James Grover : Senior : surrendred to the towne: the towne upon the surrender at the re- quest of the said James did grant the full quantity of upland of a towne lott to lye one the southward side of the mill streame begining at the southward end of the mill damme and soe runing 40 Rods up the hill : and soe (in length) towards the river (to make up the whole com- plement of upland
Testis Edw Tartt Town Clearke [page] 22
December : 25 : 1659 In a legall towne meeting: the maior partt beeing present; This day : James Grover requested of the [towne] an inlargement of land to the mill promising to performe the conditions ffollowing
161
THE FIRST TOWN' BOOK OF MIDDLETOWN, N. J.
viz : I : to manntaine the mill in good repaire to grind the corne for the inhabitants of middleton x
2 : to grinde the townes corne before any from other townes if demanded
3 : to grinde the townes corne for the twelfe bushell : tolle :
4th : to make as good meale for the townes people as is usually made within this province or within the goverment of New Yorke : provided the corne bee in good condition to make good meale and having water sufficient :
5th to keepe the enlargement of lands: granted : and nott to dispose of any partt: or parsell x
6th to bee bound both him : and his heires for the performance of the above named conditions In consideration of the performance of the above sd conditions the use of 30 acres of upland was by the maior vote: (onely Jonathan Hulmes dissenting) granted to the present posesor of the mill: (James Grover) running 70 rods along by the Runne and soe in bredth up into the woods : toghether with the quantity of two acres of low ground lying upon the northward side of the mill pond
Testis : Edw : Tartt Town Clearke [page] 23 January 5th 1669 At a court holden in the towne of Middleton Cosisting of
James Ashton Constable Richard Stoutt Jonathan Hulmes Edward Smith
Overseers
ffor the more orderly proceedings of trialls of cases wch are proper to the cognizance of the constables court it was this day ordered that all warrants or arrests (upon complaynt upon any forreiger [foreigner] or any forreiners complaining upon any inhabitant) shall bee issued forth by the Clearke to the constable: and the constable is hereby ordered to make a true returne of all such warrants to the court under his hand : and the Towne Cleark to receive twelfe pence for every such warrant X X X X
Testis Edw : Tartt Clearke
April 4th 1670 The Constable and Overseers with the assistance of the towne Deputies Considering a nessesity of the recording of lands to prevent future disturbance wch may arise by meanes of land markes beeing gone or defaced doc hereby order : that an exact record shall bee taken of every perticular parcell of land belonging to the inhabitants of this towne by the Towne clearke : both the length : breadth : and number of acres : the forme and manner how it lies as exactly as may bee : and the same to bee recorded : and the clearke to receive eight pence for every such peice of land soe recorded x
April 9th 1670 In a legall towne meeting it was this day ordered and agreed upon : that the way wch was formerly layd out by James Grover thorow the mountany feild and Poplar ffeild shall bee enlarged with the allowance of two pole of the bredth of every mans lott ffront- ing the said high way to make the sayd way full six pole in breadth : and it is likewise ordered that James Ashton and Jonathan Hulmes shall bee Imployed to treat with John bowne about changing of the lott number (14) for the like enlarment.
Testis : Edw : Tartt : Town Clearke
[page] 23}
Enlargement of the way wch was the length of some lots viz: number: 12: and number 13 : these above said to Joyne with James Grover for the doing of the same
It was likewise ordered and agreed upon : that for as much as the lott in the poplar feild (number 23) considering the badnes of it being throwne up to make good some other lotts: wch said lott did formerly belong to Beniamin Burden : in consideration of wch liberty was this
162
HISTORICAL MISCELLANY.
day granted to the said Beniamin to take up the full quantity of 9 acres of upland any where in the common: with in the town shipp provided that the said Beniamin takes it up without the limitts of the Town : beyond the utmost extent of a 160 Rods
Testis Edw Tartt Town Clearke
May the 9th 1670 In a legall towne meeting the maior partt beeing present Edward Smith was by the maior vote chosen to be constable for this ffollowing yeare Jonathan Hulmes 1
William Lawrence James Ashton James Bowne
Chosen Overseers
James Ashton chosen Deputies to attend with the Pattentees John Wilson at the next generall court or the Adjournments
James Bowne thereof held at Portland point
It was likewise ordered and agreed upon : that the second devision of meadow wch now borders about Weikee necke shall be laid out into thirty-five lotts: the equall partt or share of this second devision of meadow pertaining to James Grover was (at the request of the said James) granted to lie on the Eastward side of Shoal harbour Creeke: viz: of the lott number 16
Testis Edw : Tartt Town Clearke [page] 24
May 24 1670 Daniell Estall and John Ruckman came this day to have an exchange of land Recorded wch is as followeth X X X XXXXXXXXXXXXXX viz: The addition of the home lott (number thirty two) of the first division of land pertaining to Daniel Estall: (as apeares by Record) lying at the Westward End of the towne: beeing in quantity nine acres more or less : lying upon the southward line of an addition of land belong- ing to the home lott (number one) pertaining to John Ruckman: and upon the northward line of an addition of land belonging to the home lott (number thirty-three) pertaining to Robert Jones) is by way of exchange transported from the above said Daniell Estall and his heires : unto the above said John Ruckman and his heires : for Ever : to have and to hold as his owne 2: Viz: The [*] lott in Mountany ffeild beeing of the second division of land : (number three) beeing in quantity nine acres : more or less : belonging to John Ruckman (as apears upon Record) lying to westward line of the land of Thomas Whittlocke (number four) and to the Eastward line of the land pertaining to William Reape (number two) is by these presents) in consideration of the above said exchange: Transported from the above said John Ruckman and his heires: unto the above said Daniell Estall and his heirs for ever : to have to hold as his owne x x x x x x x
Attested before mee : Edward Tartte Towne Clearke [page] 25
May 24 1670: Memorandum Richard Hartshorne and John Hawes gave order the 27 off ffebruary to have this following writing Recorded x x X X X X X Viz : Know all men by these presents : that I John Hawes now Resident in the Towne of Middleton : in the province of New Jearsy : doe acknowledge to have sould unto Richard Hartshorne: now living in Weikec house in the afforesaid province: my house and lands: toghether with three of four acres of meadow for the summe of three hundred and fifty gilders: in part of wch I doe acknowledge to have received of the above said Richard Hartshorne: two hundred and twenty gilders : and further I the afforesaid John Hawes doe engage myselfe to make the above said house sufficient : by the last of AAprill next ensuing the date hereof : that is to say: 1 John Hawes am to daube the House within and without: and to make the Chimney: and one Outlett : and to lay the ffloores (the above sd Richard Hartshorne finding boards and nailes and allsoe shells to make lime for the doing of the above said worke: and further 1 the afforesaid John Hawes am to make a cellar under the out lett : and allsoe one window in the house with foure lights: wherein I am to make shutts to the lower lights : all wch I doe engage myselfe to perfourme
[Addition of *] . These two words crossed out in the original.
163
THE FIRST TOWN BOOK OF MIDDLETOWN, N. J.
by the time above said : and in case of non performance : to forfeit to the afforesaid Richard one hundred gikders: and further the afforesaid Richard Hartshorne doth engage to pay unto mee John Hawes or to my Assignes one hundred and thirty gilders: when the afforesaid work is done: and further it is agreed betweene both parties: that I John Hawes shall enjoy the afforesaid land : soe long as his wife liveth: in case it bee desired : and in case the afforesaid John Hawes shall bee putt out of the house: wherein hee now liveth : then hee is to live in the house that hee hath now soull: during the time that his wife liveth: in case it bee desired : and after her decease the above said Richard Hartshorne is to enjoy the afforesaid house and land: both hee : and his heires forever: This agreement betweene both of us above written is: that the afforesaid John Hawes am to leave the house in as good condition : as it shall bee in: when it is finished acording to agreement: and likewise the fence that is now about the ground all weh is agreed unto: both by John Hawes and his wife whereunto they have sett [their hands and seals.]
this 18 of ffebrua- ry 1069 70 Signed in the presence of the names of James Grover and John Ruckman and the marke of John Wilson : were all Inserted XXXXXX
John Hawes his marke Jone lfawes her marke and the name of Rich- ard Hartshorne were all under written xxx XX
This is a true Copie Extracted out [?] of the principall By order Edward Tartt
Town clearke
June 21 1670
[page] 26
The maior partt of thirty six of the Inhabitants becing warned to a towne meeting : the maior partt that was then present putt it to vote (Jonathan Hulmes William Lawrence John Rucman John Stoutt Edward Tartte onely dissenting) whether the fec simple and propriety of three acres of meedow should bee given to John Hawes and his heires: or onely the use of the said meadow (during life) it was by the maior vote resolved that the fee simple of the said meadow should bee given to him and his heires : wch is as followeth The propriety and fee sim- ple of three acres of meadow was as above said granted to John Hawes : lying at the west- ward side of Weikec necke adioyning to a peice of salt meadow wch by order is to lye com- mon Xx XX XXX
It was further ordered and agreed unto that the peice of salt meadow adioyning to the lower spring by Weikec Creeke beeing neerest the Creekes mouth (by Estimation of the surveior viz :: James Grover becing nine acres) is granted to lye Common for cattle to graze on : not- withstanding any former order made to the contrary and it is further ordered and agred upon : that the like enlargement of common of salt meadow shall bee allowed to lye upon the East- ward side of Shoale harbour Creeke in some convenient place for the above said use X X X X X x x x x James Grover: Rich: Stoutt Jonathan Hulme: vewing the defective lotts in the first division of meadow : gave choice in the second division as followeth : to Ben: Deuell the first choice: who chose the lott number 26: Jo: Hulmes the second choice: who chose the lott number 6 : James Grover the 3d choice: who chose the lott number 25 : Walter Wall the 4th choice who chose the lott number 35 : Tho: Cockes the 5th choice : who made choice of the lott number 2 : : : :
Testis Edw : Tartt Town Clearke
[page] 27
August 31 1670
In a legall towne meeting the maior partt becing present
George mount John Wilson: John Rueman and Thomas Cockes: were this day Chosen
16.4
HISTORICAL MISCELLANY.
to asist the constable and Overseers for this present yeare : acording to the order made at the generall court held at Portland point Benimen Burden and John Throckmorton were chosen ffence veiwers x XXXXXXXXXX
Testis Edw Tartt Town Clearke
September : 9th : 1670
The constable and overseers with the asistance of the towne Deputies (taking into consideration the dangerous practize of selling liquor to the Indians: wch: (for some years past) hath at severall times: ocasioned mischcife in the towne: and moreover: considering: that not onely noe course is taken in the generall: for the obstructing of this dangerous prac- tize: but all soc: the eminent danger wch dayly hangs over our heads: the weakenes of the Towne to withstand the rage and fury of the numerable Indians: wch inhabites about us: for the present safety and preservation of his maiesties subiects the inhabitants of Middleton) (lid upon the 9th of this present month : upon this following ground : conclude upon this fol- lowing order
Where as wee have found : as well by woefull experience as allsoe by severall complaints of many inhabitants of this towne of the mischeifes and dangers ocasioned by some: trading of strong liquor to the Indians: by wch : many of them : having bin drunken and distempered with the said liquor have oftentimes
[page] 28. offered violence and fury to severall of the peaceable inhabitants: who have been endangered of their lives: for the future prevention of all such mischeifes and dangers: ocasioned by the violence and fury of the Indians in their drunken distempers: and for the maintenance of the peace of our Soverainge lord the king : doe hereby order and Enact : that noe person what- soever shall directly or indirectly either sell or trade any sort of wine : strong liquor : or strong beare to any Indian within the limits of this towneshipp: upon penalty of the forfeiture of ten pound for every such defalt and that (after due proces made) to be forthwith levied upon his estate : the one halfe to the informer: and the other halfe to bee disposed of : at the discretion of the courtt xxx
It is likewise ordered that all Indians that at any time shall bee found drunke in the towne or neere about shall bee sett in the stockes till they be sober x X X X X X X X X
It is further ordered and agreed upon : that it shall bee lawfull: within the limitts of this towne shipp: for any person to seize upon any sort of wine: strong liquor : or strong beare that is in the possession of any Indian: and take it away from him : all waies provided: that the Seizer or taker gives acount to an officer constable what hee hath done X X X X
It is likewise ordered that the ffence veiwers shall receive for the veiwing of the defective fences : the one halfe of the fines livied upon defective fences: the other halfe to bee disposed at the discretion of the courtt : x x x x x x x John Hawes having coveananted this day to make a paire of stockes for the Towne: is to receive twelve shillings six pence for his Reward: XXXXXXXXXXXXX
Testis Edward Tartt Town clearke
[Page] 29
September 9th 1670
At a court holden in the towne of Middleton : present Edward Smith 1 constable
Jonathan Hulmes William Lawrence James Grover John Bowne Richard Stoutt Richard Gibbins
Overseers
Pattentees : Asisting :
165
THE FIRST TOWN BOOK OF MIDDLETOWN, N. J.
The Constable testified that hee required John Job to aide him: and hee refused : and further to watch with the drunken Indians: weh thing allsoe hee denied: and further the sd Job said : what a divell have I to doe with you or his majesty either: and further said (when others laid hold on him at the constables comand: his shirt then tearing) a plauge confound yee all x x John Job pleaded that hee knew nott that hee was constable xx the sentence of the court in the case
Whereas John Job hath bin convicted before the court for breech of order in refusing to obey the constable : therefore the court doe fine the said John Job 40 shillings and pay court charges
The constable testified that Richard Sadler said : his son should not watch : and the next morning hee charged the constable with these words : viz: you are sett to keepe the kings peace and you brake it : and further said : what boyes play did you play last night : this the said Sad- ler denied The sentence of the court in the case x
Whereas Richard Sadler hath bin convicted before the court for contumelious speeches of the constable Therefore the court doe fine the sayd Richard Sadler twenty shillings: or else to make a publick acknowledgment of his offence in open Towne meeting and pay court charges per me Edward Tartt clearke.
[Page] 30
September : 17 : 1670
The Constable and Overseers with the asistance of the Towne Deputies for the present preservation and safeguard of the Towne doe hereby order and Enact that if any person or persons shall sell or trade any kind of amunition to any Indian or Indians within the liberties of this towne: he or they soe doing shall be liable to pay the forfeiture of five pound for every such defalt: wch (after due proces made) shall be forthwith levied upon his estate: the one halfe to the informer the other halfe to bee disposed of at the discretion of the court : and this order to stand forcible till further order.
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