USA > New Jersey > Historical and genealogical miscellany; data relating to the settlement and settlers of New York and New Jersey, Vol. II > Part 16
USA > New York > Historical and genealogical miscellany; data relating to the settlement and settlers of New York and New Jersey, Vol. II > Part 16
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Ordered
Testis Edward Tartt Town Clearke
upon Rumors and reports of the Indians Rising in armes : that a watch shall be kept in the towne consisting of six men in one night: and for every defect of not watching by any in the list shall forfeit ten shillings
November : 6th : 1670 : ordered
At a towne meeting of constable and overseers and towne deputies: that a rate shalt bee made of 121b 16s to defray severall charges : viz : for 5 wolves kiling : 51b : 2 : for the stockes : I2S : 6d : 3 : for irons for the stockes : 15s : for a quire of paper : 25 : for the generall Recorder : : 01-05 -- 00: for the defraying of the charge of the court of patentees and Deputies held in December last : acording to present laws : : 02-18-06 for John Hawes 20 shillings: for a quire of paper and making the rate: 8 shillings : to Edward Smith: 15 shillings x x X x X Upon debate of the law made at the generall court Held att Portland Point 28 December 1669: for the defraying of the charge of the pattentees and Deputies at 3s the day : as allsoe for fees for the general Recorder acording to a law bearing date 27 may 1669: William Law- rence Declared his dissent : beeing an overseer: refusing to act in the execution of the above sayd lawes Thomas Cox beeing a towne deputy dissented as above sayd
Testis Edward Tartt Towne Clearke
December 3 1670
[Page] 31
James Mills (formerly shippmaster and living in James river in Virginia) and willia:n Lawrence came before mee this day to have a former sale of land made void wch is as ffollow- eth x x x
Whereas I James mills had fformerly received a bill of sale of william Lawrence some- times an Inhabitant of Middleborough upon Long Island for his house and land there: wch
166
HISTORICAL MISCELLANY.
said bill (beeing casually burnt by weh means the tennor and date of the said bill is unknowne: Therefore wee the said James mills and william Lawrence doe by these presents declare that all bills of sale of what tennor and date soever are by mutuall agreement of us (Viz : william and James are by these presents made void and of none effect notwithstanding any Record in any towne or court manifesting to the contrary In witnes here of they have hereunto sett there hands
Testified by mee
Edward Tartte
James Mills William Lawrence
December : 12 : 1670
John Throcmorton and Vice his wife (after legall publication) were this Day coupled toghether in marriage by Edward Smith Constable
November : 23 : 1670
Sarah the Daughter of John Bowne the son of William Bowne was this Day borne into the world
December : 8 : 1670
At a towne meeting it was agreed upon with an unanimous consent : that the Clearke at present in consideration for his clearkshipp the last yeare: and the present yeare shall have the allowance of one shilling six pence from every lott
Testis Ed : Tartt : Town Clearke
[Page] 32
December : 26 : 1670
Richard Hartshorne : and Edward Crome this day gave order to have this bill of sale Re- corded weh is as ffolloweth
These presents wittneseth that I Richard Hartshorne of Weikec in the province of new Jearsy doe hereby acknowledge absolutely: to have sould : assigned : and make over: forever : from mee : my heires : Executors : and assigns : all my right : title : and Interest : and Claime unto a certaine tract and parcell of land: lying and beeing in Middleton in the above said province unto Edward Crome: beeing a towne share of land formerly bought of the pattentees by william Goulding and Transported from the said William Goulding unto mee the above said Richard Hartshorne as apcares by bill of sale: wch said Home lott beeing in number (25: twenty five) I the above said Richard Hartshorne withall the appurtennances and priviledges thereunto belonging thereunto have absolutely sould : from mee : my heires: unto the above said Edward Crome and his heires for ever : and doe further acknowledge: for the above said land : to have received full satisfaction x x x x X X X XXXXX
Testified before mee Edward Tartte Town clearke
The above said: by reason of some imperfections in severall lines was drawn againe in page : thirty three
[Page] 33
December : 26 : 1670
Richard Hartshorne: and Edward Crome this day gave order to have this sale recorded wch is as ffolloweth
These presents witnesseth that I Richard Hartshorne of Weikec: within the province of new Jearsy : doe hereby acknowledge : absolutely: to have sould : assigned : and made over for ever: from mee: my heires: executors : and Assignes : all my right : title: and Interest: and claime unto a certaine tract and parcell of land : lying and beeing in Middleton : in the above said province : unto Edward Crome beeing a towne share of land : formerly bought of the Pat- tentees : by William Goulding: and Transported from the said: William Goulding unto mee the above said Richard Hartshorne : as apcares by bill of sale : wch said Home lott beeing in number (25) with all the appurtenances and priviledges belonging thereunto: I the above said
167
THE FIRST TOWN BOOK OF MIDDLETOWN, N. J.
Richard Hartshorne have absolutely sould : from mee my heires: unto the above said Edward C'rome and his heires for ever and doe further acknowledge: ffor the above said land: to have Received ffull satisfaction x x x x Richard Hartshorne
Testis Edward Tartt Town Clearke
De : 27 : 1670
It was further agreed: that the Clearke at present viz: Edward Tartt: in consideration for his paines in officiating his Clearkeshipp upon all generall business for the towne: shall have the allowance of the Cariage of six load of hay per annuem : that is to say every lott within the towne ship: (Portland point except) to be responsible to him the Carriage of a load of hay from the meadows once in six yeares
Testis: Edw : Tartt Town Clearke
[page] 34
March : roth 1670 71
Thomas Potter and Anthony Page came This day before mee : declaring their agrement to have this sale of land recorded: wch is as ffolloweth
Know all men by these presents that I Anthony Page off Middleton in the Province of New Jearsy doc hereby acknowledge to have sould : asigned : and made over: all my right : title : and Interest and Claime unto a certaine tract and Parcell of land lying: and beeing in Mid- dleton beeing a towne share of land : wch ffor some yeares past : I purchased off the Pattentees as may apeare by record: the home lott of wch share beeing in number (twelve) with all the appurtenances and priviledges thereunto belonging or appertaining: I the above said Anthony Page have absolutely sould from mee: my heires unto the above said Thomas Potter and his heires ffor ever to have and to hold as his owne: and doe further acknowledge: (for the said share of land) to have received full satisfaction XXXXXXXXXXXXX
Entred by order x x x Per me Edward Tartte Towne Clearke
Memorandum
It was further agreed by Thomas Potter and Anthony Page that the said Anthony Page should enjoy the proffitt and benefitt of the home lott during the time of seaven monthes next ensuing the date here off: Excepting onely the one halfe of the bredth of the sayd lott fronting the highway as ffarre downe wards as is sowed with winter corne Joyning to the lott number (thirteene)
Testis Edward Tartt Town Clearke
This latter agrement is by consent of both parties made void
[Page] 35 E T
March : 20 1670-71
Where as there was a Rate of twelve pound sixteene shillings concluded upon by the con- stable and overseers and Towne Deputies: as apeares in page 30 to defray severall charges as apeares in the said page The Pattentees for certaine causes and considerations best knowne to themselves : gave order this day to cast out for present the charges of the court held in De- cember (69) and the fees for the generall Recorder both wch amounting to 4lb 3s 6d : as apears in the said page : the constable to gather the rest wch amounts to 081b-125-06d XXXXXXXX per me Edward Tartt Town Clearke
16S
HISTORICAL MISCELLANY.
May : 20 : 1071 In a legall towne meeting: the maior partt beeing present
William Lawrence: was this day by the pluralites of votes Chosen Constable for the present yeare
James Bowne Thomas Cockes James Ashton John Wilson Edward Tartt Chosen Towne Clearke
Chosen Overseers
Testis Edward Tartte
Towne Clearke
[Page] 36
September 30 : 1671
In a legall towne meeting the maior partt beeing present The summons under hand and scale of the province for choice of Burgesses was this day read in open towne meeting:
upon wch the towne resulted to answer the summons: and further concluded that the two acts formerly presented to governour and counsell bearing date the 28 of October (68) : shall bee these burgesses duely observed : and further that this following Clause Viz: (saving their alleageance to his majesty of Ingland in the latter act shall bee inserted X X x X
further the coppy of the conclusions of the counsell held at fortt James : upon wch : the towne declared: that nott with standing the liberties and priviledges granted by : pattent yett their persons and estates in point of offensive and defensive warre for the safety of the province was at the devotion of the goverment upon they concived the generall assembly to bee calld must bee read after the fourteene line
William Lawrence and Edward Tartt were this day by the pluraliter of votes Chosen Burgesses to act with the general assembly at Elizabeth Town this 3d of October
November : 10 : In a legall towne meeting William Lawrence making a satisfactory excuse of nott going to the adiourment of the generall assembly to bee held 21 day of this pres- ent : was this day discharged by the towne : and Richard Stoutt was chosen to supply his roome XXXX
[Page] 37
November 18 1671
In a legall towne meeting
ffor severall causes and considerations best known to the towne: Richard Stoutt was this day discharged from supplying the place of Deputy for the adJournment of the generall assembly : and John Throckmorton was chosen to supply bis roome
November : 28 : 1071
Anthony Page and Thomas Potter came this day before mee : declaring their agreement to have this sale of land recorded wch is as followeth x Know all men by these presents: that I Thomas Potter now inhabiting in sherburree with in the province of New Jearsy doe here- by acknowledge to have sould : asigned and made over : all my right : title : and Interest : and clayme: unto a certayne tract and parcell of land : liing and beeing in middleton unto Anthony Page: wch: for some monthes past I purchased from the above said : Anthony Page as apeares in record : in page 34: beeing a towne share of land : purchased from the pattentees by the sayd Anthony : wch said share of land: I the above said Thomas Potter: wth all the appurteanances and priveledges there unto belonging: have absolutely sould : from : mee : my heires: unto the above said Anthony Page and his heires for ever to have and to hold as his owne: and doe further acknowledge by these presents to have received : plenary satisfaction
Entred by order By mee Edward Tartt Towne Clearke
169
THE FIRST TOWN BOOK OF MIDDLETOWN, N. J.
[Page] 38
December 6th 1671
In a legall towne meeting: the major partt beeing present it was ordered that following writing shall be sent to the Governour : and counsell and Deputies of the townes of the province assembled toghether at Elizabeth Town the 12th of this present month x x x x Honoured Governour: the counsell and Deputies of the Generall asembly x x x x
wee receaved by the hands of some of the men of Woodbridge the late acts of the generall assembly at their last Adiourment bearing date 22 of November: as allsoe a summons under hand and scale of the province for choice of Burges ses for a further asembly to bee Held the 12th of this present month : both weh becing enclosed in a paper sent unto us by the Honored Governour: desiring our compliance to answer the summons: and further requesting our pos- itive answer by the bearer: to weh wee say : that such is: and Hath bin our forwardnes for com- pliance at all times : that there hath bin and is noe need of any ocasion : cither to instigate or aug- ment our forwardnes there unto : having not at any wilfuly omitted any opertunity of apearing by our deputies to do such service as hath bin required of us : besides : the sincerity of our desires : becing soe well knowne to god and our oane consciences herein : in point of truc loyall sub- mission to the goverment of the lords: proprietors: soe farre forth as is proper to our condi- tion to the very utmost that can bee claimed from us: whose Just power : wec have formerly (as it is well known) withall gravity owned but when wee consider (having pondered well in our minds) the late act now presented to us: and being therein charged: with noe les then contempt of arthority and goverment : the charge being soe generall: viz the
[Page] 39
The townes of middleton and Shrewebury the forciblenes of the charge: soc great viz: an act of the generall assembly: and withall Judgeing the charge the whole ground of the act: for what grater force can there bee then a generall act: Wec say : wee: (weighing these things in the ballances of equity) Judge ourselves at present all toghether uncapable of answering the summons: aprehending ourselves at present: rather fitter to bee cleered publickely of soc weighty a charge: then to Joyne with the Governour: counsell: and deputies of the townes of the province in the exercise of any legislative power : for the settlement of any thing : needfull and necessary for the well governing of this province and shoud have now apeared to have answered to the charge if that writt had apeared amongst us wch the late assembly gave the Governour thatt power to issue forth: further more (conccaving under correction) that noe such perogative or priveledge : may bee conferred upon contemners : and despisers of goverment much les noe such thing as either the dignity of a freeholder to elect or the dignity of a Deputy to act for the good and welfare of any state or province: and therefore for the fuller clearing of our selves: our desire is that the late act (acording to the current thereof) may bee exactly procecuted : that soe that power (wch the late assembly of deputies at their last Adiourment tooke upon them to give the governour) may now bec putt in execution : for had that writt apeared now amongst us : wee question nott : butt wee should have shewed our ready and wil- ling obedience to have answered thereunto (beeing carefull of incurring upon any Attayndor of rebellion : butt that writt apcaring nott amongst us : wee Judged our selves not obligd to come to answer: and thus in breife have wce given account of our present condition : under favour waiting onely wth all humility (pro forma tantum) as to what is further required of us in the late act : viz to shew cause why wee will nott pay our Just proportion of expences of provision taxed [?] at two assemblies in the yeare (68) wec answer: that what was expended at the as- sembly Held 25 May (68) wee had then noc deputies there to expend
[Page] 40
and further what was expended at the adiourment in november following in the same yeare : Our Deputies who were there and nott suffered to act butt turned home agayne reported to us : that the Deputies for the townes of the province: invited them one night to supper : wch before their departure thence they tendred them mony for itt: soe that : as wee abhorre all such basnes of speritt : as to eat any mens bread for nought : soc : wee come not : by what wee
170
HISTORICAL MISCELLANY.
have soe lightly as to pay other mens expences : who wee conceive rather shew an evell mind in desirring it itt so that if any thing by the power of the province be forced from us at any time: (upon this acount) viz: for the discharge of expences of provisions for those two assen- blies: wee hope wee shall neither be ashamed nor affrayd to declare it to bee open and mani- fest wrong: further wee give yee to understand : the cause and reason why our deputies ap- cared not at the last adiourment: when the time came that they should goe : our vessell was accidentaly drove away by wch meanes they were disabled from coming and for the space of neere 14 dayes to ghether noe vessell could not bee gott in any capacity to transport them: this beeing the very ground and reason why they came nott: and therefore wee conceave: that what providentialy fall out: men of reason and understanding will bee well satisfied withall x
It is likewise ordered : that the Clearke (at present) shall signe to this above sd answer in the name of the towne and shall send it backe by Wodbridge men : with its direction running thus : Viz: To the Honoured Governour and Counsell: and Deputies of the Townes of the Province assembled Toghether at Elizabeth Towne x X X
Testis Edward Tartte T C
January : 12 : 1671
John Stoutt and Elizabeth his wife were this day: Coupled toghether in mariage by John Bowne: Justice of the peace
ffebruary : 12th
Bernard Smith and margreat his wife: widdow of the late deceased Randall Huitt (after legall publication) were this day Coupled toghether in mariage : by
[Page] 41
ffebruary : 11 :
In a legall towne meeting: Ordered The whole quantity of the upland of the lott number: 14: was this day by the present possessor Viz: John Bowne: surrendred to the towne: at the second division of land lying about the poplar feild : the towne: upon the surrender (at the request of the said John:) did grant to the said John: Bowne the lott number (15:) of the same division of land : formerly surrendred to the towne by James Grover senior x x x as may apeare in page : (21)
Testis Edw : Tartt
June 5th 1672
In a legall towne meeting the maior partt beeing present This day the towne (acording to order from the governour) proceeded to the choice of military and civill officers : and upon perfect vote the choice was as ffolleweth viz: John Bowne and Jonathan hulmes was (by the pluraliter of votes) chosen to the place of Justices of the peace for this ffollowing yeare to bee presented to the Governour for his choice and commission
James Grover: senior and James Ashton were by the maior vote chosen to the place of Leiutennant to bee presented to the governour for his choice and comission for this follow- ing yeare - John Smith: and John Throemorton were by the pluraliter of votes chosen to the place of Ensigne to bee presented to the governour: for his choice and commission for this following yeare
Jonathan Hulmes : chosen by the maior vote to bee Constable for this ffollowing yeare
[Page] 42
June 8th : 1672
Steven Arnold this day: brought this following desiring to have it recorded
To all people before whom this deed of sale shall come: Sammuel Holeman (sojourner at Newport on Road Hland sendeth greeting: x x x
Know yee: that I samuell Holeman sojourner at Newport on Road Illand in the Collony of Road Illand and Providence Plantations : for a valuable summe of monney : well and truely Paid unto mee by Stephen Arnold : of Patuxet in the towne ship of Providence within the Col- lony aforesaid : the receipt of wch I doe owne : and acknowledge: and doe hereby acquitt and
171
THE FIRST TOWN BOOK OF MIDDLETOWN, N. J.
discharge him: his heires: Executors: administrators: and assignes of the same: have bar- gained : sould : enfeofed : aliend : made overt unto the said Stephen arnold : a full purchase Right of lands: within a certaine tract : being within the Jurisdiction of his roiall Highnes the duke of Yorke: and purchased of the natives by Will Goulding: and Sammuell Spicer: Richard Gibbins Richard Stoutt: James Grover: John Bowne: my selfe and divers others the wch tract of Land is seittuate: liing and beeing southwestwardly from the citty of new Yorke on manatens: and allsoe Eastwardly from the Raritan river: It beginning at a certaine place comonly called : or knowne by the name of sandy Point: and soe running along the bay West northwest : to the mouth of the Raritan River afforesaid : upon wch purchased tract is setled an Inglish towne by the name of middleton: But the place where the towne standeth boeing called by the native Indians: Chaguasitt: the wch affore bargained purchase Right is partly devided and partly undevided the Home share or house lott beeing allready laid outt in one of the rowes of House lotts within the afforesaid towne of Middleton: and lying betweene the House lott of Anthony Page and the House lott of William Laighton : as allsoe severall other parcells of upland and meadow : beeing all ready devided : and laid outt : acording to the orders and agreements of the Purchasers and inhabitants of the said towne: all Which afforesaid Purchase right equall with any one of the number of those who purchased the said
[Page] 43 tract: (that is to say) of any one purchase right) both that wch is devided and that wch is undevided : with all the appurteanances uses : benefitts : Priviledges : Proffitts: and comodities thereof: and thereunto belonging: or any priveledge to mee appertaining in all the tract of land mentioned in the charter granted forth by the Honoured Richard Nicolls : Esqur : late Governour of new Yorke: unto severall Pattentees Purchasers : of the afforesaid tract and their associates: I say : I have : with all my right : Interest : and title therein : or colour of claime and title : for full satisfaction in hand all ready receaved : truely Bargained sould : and made over: : and by this Instrument : doe make over and pas away : both from my selfe: and my heires : Executors : Administrators and Asignes: unto the said Stephen Arnold Both for himselfe and his heirs: Excecutors Administrators: and Asignes: To have and to Hold : as his or either of their true proper and lawfull Right and Inheritance for ever: and quiet and peaceably to en- ioy : use : and posses the same and every part and parcell thereof: without at any time: the hinderance : lett : trouble : contradiction or molestation : of: or by mee the said Samuell Hole- man : my heires : Executors : Administrators : or asignes : or of any person : either for : by : through : or under mee: And that the said Stephen Arnold doth at the day of the signing and sealing hereof : stand truely and lawfully seized with the said purchase Right: of a good : sure : Ab- solute : lawfull and undefeazable Estate of inheritance in fee simple : withont any conditions : limmetations : use : or any other thing : to passe : alter : or change the same and that the said Stephen Arnold : his heires : executors : and ministrators and Assignes shall and may at all times : posses : bargain sell : mortgage: makeover: dispose of: rent out: or give away the sayd pur- chase right : or any partt : or parcell thereof : by as full power and good claime : as ever it did : or ought in right to belong unto mee and by vertue hereof as one of the number of the pur- chasers of the said tract of land to act and dispose of lands : lay out with the rest of the pur- chasers order and dispose concerning the same: and I doe
[Page] 44
doe all soe (conserving the same Bargaine an salle) by these presents : firmely bind my selfe my heires: Executors and Administrators at all to secure to secure : keepe Harmeles and de- fend the said Stephen Arnold his heires: Excecutors: administrators and Assignes from all hinderances : Incumbrances molestations : troubles : suits : Rights : Interests : claimes : title wch shall: or at any time may arise: or be laid unto the premises or any part or parcell thereof : by any person or persons what soever: clayming : or to claime : by vertue of any other bar- gaine sale : Gift : Imbazelment : or mortgage at any time : made : done : or comitted by mee the said Samuell Holeman : or of any other person : either for : By : through : or under mec: as all soe : from any reversion or claime of Intayles: In Wittnes whereof I doe hereunto sett my hand : and seale this three and : Twentieth day of June one Thousand six hundred and seaventy
172
HISTORICAL MISCELLANY.
Memorandum: that these words: Viz: (and confirmed and by these presents doe bargaine : soll: enfeofe: alien make over and confirme) beeing accidentally omitted : must be read after the word: Viz: (over) in the eleventh line | | | | Signed : Scaled : and Delivered : in the presence of us Samuell Holeman the scale was affixed William Carpenter Jeremiah Osburne
June 13 : 1672
[Page] 45
William Deuell of Newport in Road Illand : (the father:) and Beniamin Deuell of middle- ton (the son) came this day desiring to have a deed of gift recorded wh is as ffolloweth. To all Persons to whom these presents shall come this deed of gift bearing date the third day of march in the two and twentieth yeare of the raigne of our soveraigne Lord Charles the second by the grace of god King of England Scotland : ffrance: and Ireland : and witnesseth : that I William Deuell of Newport in the Collony of Roade Illand and Providence Plantations in New Ingland in America: for: and in consideration : of the naturall Love and affection wch I have and beare to my son Beniamin Deuell inhabitant of Middletowne neere a place called sandy Hooke now under the Jurisdiction of the citty of new Yorke : have given : granted aliencd and confirmed and by these presents: for mee: my heires: Executors : Administrators: doe fully Clearely: clearely and absolutely give: grant : Alien : and confirme and his beires of his body Lawfully: begotten : a certaine Parcell of land lying: and beeing within the bounds of middletowne afforesaid: wch | Purchased of Mark Lucar: toghether with all and singular: the waies: commons: liberties: Priveledges : commodities: Advantages : and Appurtcanances what soever to the said land : or any partt : or parcell thereof belonging: to have and to hold : the said land toghether with all and singular the premises above by these presents granted unto my said son Beniamin Deuell: and the heires of his body Lawffully begotten: and for de- fault of such Issue to my son Jonathan Deuell: and the heires of his body Lawffully begotten and for default of such issue: to the right heires of mee the said William Deuell for ever : and 1 the said William Deuell Issue to my son Jonathan Deuell for ever : and 1 the said William Deuell [convey] (the said land toghether with all and singular the premises unto my said son Beniamin Deuell and the heires of his body lawffully begotten : and for Default of such Issue to my son Jonathan Deuell and the heires of his body lawffully begotten in manner as is above in these presents Expressed : against mee : my heires Excecutors : Administrators : or any : claim- ing : by : from : or under mec
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