USA > New York > Ulster County > History of Ulster County, New York, with illustrations and biographical sketches of its prominent men and pioneers. Vol. I > Part 11
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"The aforesaid Sheriff and Schepens shall further take care, and are obliged to use the law of our Fatherland, and the ordinances and placards of the Director-General and Council, already published, or which may be published, in future, carefully executed and kept in strict observance, and not to permit that, under any pretext, any thing shall be done contrary thereto, but that the transgressor shall be prosecuted according to law.
" The aforesaid Sheriff and Court are not permitted to epart any ordinances, placards, or similar acts, or publish and affix these, except by previous consent of the Director-General and Council.
" The Sheriff and Selepens shall further take care and be holden to assist the noble Lords Directors, as Lords and Patroons of the New Netherland province, under the sovereignty of the High and Mighty Lords. the States-General of the United Provinces, and to aid to main- tain them in their high jurisdiction, rights, domains, and all their other pre-eminences.
" Whereas, it is customary in our Fatherland and other well-regu- lated governments, that annually some change takes place in the magistracy, so that some new ones are appointed, and some are con- tinued to inform the newly appointed, so shall the Schepens, now confirmed, pay due attention to the conversation, conduct, and abili- ties of honest and deeent persons, inhahitants of their respective vil- lage, to inform the Director-General und Council, about the time of the next election, as to who might be sufficientiy qualified, to be then eleeted by the Director-General and Council. Done, and given by the Director-General and Council, at their meeting in Fost Amsterdam, in New Netherland, this loth day of May, 1661."
The Governor, about the same time, issued laws which were brief and easily understood :
Ist. No person was to work on the Sabbath. 2d. No one should give entertainment, sell spirituous
46
HISTORY OF ULSTER COUNTY, NEW YORK.
liquors, nor get drunk on said day, under pain of a fine or imprisonment, at the option of the commissaries.
3d. To prevent fires every one was prohibited from con- structing wooden chimneys, or building fires in dwellings covered with cane or reed, unless the garret floor was laid tight with boards.
4th. The sheriff and schepens were to appoint fire-mas- ters (" Brantmeesters"), who were to visit each house every fortnight, or at least once in every four weeks, to sce that every house was properly built and cleaned, and fine delin- qments one florin for the first offense, two for the second, and four for the third.
5th. All persons to keep good fences and gates.
6th. Every one to inelose his lot within four months and build a house on the same in one year, or forfeit it.
7th. The palisades to be kept good and gates closed at night, umler a penalty of three guilders.
Sth. No one to propose a religious dispute, under a peu- alty of three days in jail on bread and water.
9th. Every one bound to respect and assist in family worship.
IV .- A JUSTICES' COURT ERECTED AT WILT- WYCK.
At the same meeting, on the 16th day of May, 1661, the first court of justice was established at Wiltwyck by the following order :
" Anno 1661. May 16.
" The wise and prudent Director-General Petru " Stuyvesant hath honored the village of Wiltwyck with, and granted to it, a Court of Justice, for he found the same necessary. This being done, he chose three Justices (' Schepenen'), by nam . Hvert Pels. Can i. Barcelse Slecht, and Aibert Heyman-e Ronza : which is done in this village of Wiltwyck, the luth of the month of May, Anuo 1661."
V .- FIRST SHERIFF OF WILTWYCK APPOINTED.
In the records of the same year appears the following :
" Anno 1661. The same year the Director-General, Petrus Stuy- verunt, and the Honorable Lords, the High Council of Now Amster- dam, sitting in Fort New Amsterdam, have appointed a Sheriff for the village of Wiltwyck, by naine Roelof Swartwout, nud conferred on bim such powers us he will and in his instructions."
The order appointing the sheriff is as follows, viz. :
" The dire tor of the privileged West India Compa ;. Department of Amsterdam, being especially arth sized by the College of XIX. in administer the government of New Netherland, make known :
". Whereas, It is required to promote justice in the villageof Ceopus, in Nrw Netherland, that an able and expert person is selected tu offi- ciate there, provisionally, as sheriff: for which office was recommended to us lineof swartwout, who resided there a considerable time. Therefore, we, having full confidence in the abilities, integrity, and expertness of Roelof Swartwont, appoint him, provisionally, as the sheriff of said village at the Esopus, investing him with full power Piel authority to ant as sheriff in the aforessid place and the adjoin- ing district in conformity to the meage of the sbendality in this country, andI agreeable to the instructions which he receives, or may revive from us ; to prosecute the contraveners of all politie, civil, and criminal laws, and bring them to justice, according to the ordinances and p'scarl: to indict all delingrets in the at reall village of Juri- 1. the, in to far as he may deel proper, and consonant with his instructions, and in fine mal punish them in such a tammer as the lan Fax'l dertate: to emileayer, ty diligence and information, to help the Coverand remove and prevent all misdeeds; to nesist in the speedy execution of all judgments; and further, to act in all reports as a cherif is bound by hus oath to do. To this end commanding the hur- gomavers, schepen», ami inhabitants of said village to respect the
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aforesaid Roelofi Swartwout as our officer and sheriff ; to assist and support him in said office whenever required (or) as, in our opinion. the services of the Company and promotion of justice may require it.
" Done in a meeting of the directors aforesaid, in Amsterdam, the 15th of April, 1660.ª
" JACOB PERGENS.
" By his order, C. VAN SEVENTER."
The instructions, bearing the same date, stipulated that he could not accept any other office; that he should rank above the burgomasters and schepens; sit at their head in civil actions ; pronounce judgments and give warnings in the name of the court; publish all orders relative to the excise in the village, with the knowledge of the director and court, and execute them agreeably to their contents.
" That he shall take care the villages may be cleaned of all villains and sharpers; that neither whores, panders, brothels, or similar lewd houses shall be permitted.
" To this end, and to avoid all violence and tumults, the sheriff shall be always ready to traverse the city with his attendants, visit the churches, markets, and other meetings."
He was also instructed to "apprehend all delinquents" and prosecute them within four days after commitment by presenting them before court for judgment, to execute the same without a reprieve, and to execute his rolls in conforinity with those made at Amsterdam on the 27th of April. 1656. As a recompense, be was to have one-half of all civil fines, except those imposel by virtue of ordinances on taxation, one-third of all criminal fines, one-half the costs of sum- mouses, and " such a salary as may hereafter be granted. him." To prevent corruptinu, he was not allowed to re- ceive presents, either directly or indirectly. He was com- pelled to take au oath of office before the director and coun- cil, and the term of office was fixed at four years, unless otherwise ordered by the directors.
The director and council, with all burgomasters and schepens, were likewise enjoined " to maintain him in his night."
Elated with his success, the sheriff set sail in the " Spotted Cow," in the same mouth, to take charge of his office, ao- companied by his servants, Cornelis Jacobs Van Leeuwen (Van Leuven ), Arent Menwens, of Gelderland, and Ariaen Huyberts, from Jena. They all reached New Amsterdam about the beginning of summer. Here Stuyvesant learnel to his great surprise the action of bis superiors, and, instead of administering the oath of office, wrote the directora he had not and could not, for Swartwout was too young and incompetent ; that the appointment was also premature, as there was no court at the Esopus, nor any likelihood of any, " for there is no one capable of sitting on the bench." More, "a person of more mature age, higher talents and respectability would be required, as he would have to act, at the same time, as the commissary for the company."
This boldt refusal reached the directors in September, and they shortly answered: " We are astonished that our recommendations have been neglected and set aside. We think ourselves competent judges to discriminate. He is surely old enough to have acquired sufficient abilities."
They closed their reproval with a peremptory order to carry on.
ROELOFF SWARTWOUT, the first sheriff of Ulster, was * Albany Rec., viii. 311.
47
ORGANIZATION OF WILTWYCK IN 1661.
Lorn in Amsterdam, 1631, came to New Netherland about 1655, and settled at first at Fort Orange. He did not re- main there long, however, but went down to Esopus and began farming on his own account. On the 13th of August, 1657, he married Eva Alberts, daughter of Albert Andrisen Bradt de Noorman, of Fort Orange, and relict of Anthony de Hooges. The latter came out in 1641, and was for a long time secretary of the colony of Rensselaer- wyck. " Anthony's Nose" is said to have been named after him. By this alliance Roeloff gained what is quite often of more service than talent, namely, influence, for both her own and first husband's families stood " high in favor." He does not seem to have been a man of much abil- ity or force, but when he visited his native country, friends, in his interest there, so strongly recommended him that he became sheriff, in spite of the protest of the Governor of the colony. He could read, and write a good land. The man then living in Esopus who was best qualified for the office was Thomas Chambers, for which he was as well educated, and possessed keener perceptive faculties and a braver heart. Nature had blessed him more than his neighbors.
The sheriff started out into life with a woman, beautiful, but already the mother of five children. She conceived by himu other children, viz., Thomas, Bernardus, Anthony, Ilendrica, married Huybert Lamberts, Cornelia, Rachel, married Jacob Kip, and Eva, married to Jacob Dingman. Instead of commoneing life according to his means, he began according to his station, with a large retinue and small income. He was in debt from the start. This Legat a want of respect for him, which, with a lack of ability, eventually lost lim his post. He lived during the last half of his life at Hurley, where he owned a farm. One of his sons moved to New York, and another, Thomas, to Minnesinek, where he became the father of a large family. Thomas, a brother of Roeloff, lived at Wiltwyck sothe time, but went back to Holland.
VI .- THE FIRST SCHEPENS OF WILTWYCK.
Two of the schepens, Pels and Slecht, were old settlers of the country. The former lived on Mill Creek, now Greenbush, opposite Albany, in 1641. When the exodus than that neighborhood to Esupus took place, he joined in and synatted on the north side of the Rondout or Ponck- Io.kiu Creek. Hle come from Stettin, Germany, and took Ex his spouse Jannetje Symens. He kept a store in Wilt- wyck for a few years, and then moved again for Ponck- hockie, where he continued in trade. He left that for Albany. . The definition of the name is furred coat or petti- coat. It was anciently quite fashionable to trim coats and the bottom of petticoats with fur, hence Evert de Pels.
Strcht translated is plain, bat, although hot-headed, quick, and resentful, Cornelius Barensten Slecht, though trouble- come to the civil authorities, was not a bad man. He emi- grated from Woerden, province of South Holland, and wttlelin Esopus quite early. His wife, Tryntje Tysen Bos, was midwife there in 1655, duly licensed by Stuyvesant. il. berupied an Honorable position in society until his death. in 1671. His children were two sons, --- Hendrick, married in 1666; Alstjen Barents Mattys, married Maria Crispell, -- all three daughters, Jacomyntje married, first, J. B. Kunst;
second, Gerret Foecken ; third, Jan Eltinge; Annetje mar- ried Cornelius Hoogenboom ; and Petronella, wife of Jochem Hendrix Schoonmaker, the progenitor of the Rochester family of that name.
Allard, or Aldort, Heymanse Roosa, the third member of the bench of schepens, came out in May, 1660, in company with Roeloff Swartwout, his wife, Wyntje Allard, and eight children. He emigrated from Harwynen, Gelderland, where he left a large family of honest kinfolk. On his arrival in New Amsterdam, he secured a passage for himself and family for Esopns, and took up his abode in Wiltwyck. When two years later a new village was laid out, he re- moved there, and from that time to his death resided at Hurley.
His children were Ariaen, husband of Maria Pels; Hy- men, married to Mary Rosevelt; Jan, who took to wife Hellegond Williams; and Ikee, married Roeleff Kierstede ; Mary, wife of a Jansen ; Neeltje, spouse of Henry Pawling ; Jane, mate of Mattys Ten Eyck. There were also two others, Aert and Annatje.
VII .- FIRST RECORDS AND FIRST BUSINESS OF THE COURT IN WILTWYCK.
The first record of the court, entered in bad Dutch by the sheriff, is-
" To-day, the 12th of July, Anno 1661, held the first ordinary weet- ing in Wiltwyck.
"The schepens present consented to meet and hold the court on Tuesday, every fourteen days, until further order from the Director- General and Council of New Amsterdam.
" At the above date, the sergeant, Christinen Vissen Romp. petitions the sheriff and schepens here, and says, as there is no grain to be had for the military, he directs us to Pieter van Alen, the shoemaker, who is about to ship some wheat.
" Which is considered and ordered that the shoemaker shall deliver the grain to the sergeant, ou condition that he shall pay for it on delivery.
" At the same time the sheriff and schepens have taken one Jacob Joosten into the service of the church and court, and appointed him messenger, subject to the approval of the Director. General. He shall enjoy per year two hun fred guilders in sewan."
There do not seem so have been any actions at this meet- ing. It being harvest, no other was held until the 13th of September, when all the justices were present. The first plaintiff was the sheriff against Coenraedt de Soldaet (sol- dier), who was in default. Nest comes Tjerek Claesen against Femmeijen ; Hendrick Sewan Reyger against Jau Borr; Mattys Blanchan against Hendrick Sewan Reyger; Pieter Van Alen against Sergeant Christinen Nissen Romp ; Machtelt against Gerrit Van Campen; Femmetje against last defendant. One or both of the foregoing persons were in default. Mention is only made of the cause of the action of the last-named plaintiff, who wanted twelve stivers in sewan,-about twenty-five cents.
After these the sheriff comes in as " plaintiff and com- plainaut" against Thomas Chambers, for drawing his kuifs on his brother-in-law, Jan Jansen, at the house of Cornelis B. Slecht, and also for wounding him with a knife "on the last of August," which Chambers " denied entirely."
Albert, the carpenter, asks a house lot, which was granted.
On the 27th, Pieter Van Alen complained Sergeant
48
HISTORY OF ULSTER COUNTY, NEW YORK.
Nissen Romp had beaten and chased him in the street. The latter said the former had brought liquor to the guard- house and sold it.
Catelyn the Walon, Blanshan, complained the herds- man did not bring his cows home in time,-that he had not brought them in two days.
The herdsman answered: " If they don't bring their cattle by the drove, I can't care for them." This was the view of the court.
The sheriff said Mattys Constable sold liquor during service, which he denied.
Grietejen asked Jurian Westgaet why he had given her the sack. He told her she had been sick, and daily ran reveling about the place, wherefore he said, " Where you are during the day, go there nights also."
Paulus was arraigned for drawing a knife, but he denied it. Jan Lammerse sought a house lot, and got it.
Oa the 11th of October, Pieter Jacobsen, the miller, pe- titioned the justices to fix the price of tolls, which they did at eight stivers in sewan per schepel, or the tenth when eus- tomers " had no sewan." This arrangement was for one year, or until the Governor otherwise directed.
Fop Barentse, on the testimony of Corp. Ransou, had made a great noise in front of the guard-house, and with a knife in hand challenged him to come out. This was put over to get the testimony of the sergeant.
The sheriff was likewise ordered to pay Tjerck Claesen three and a half schepels seed-wheat in eight days, and seven others in one month.
The same officer put in a written complaint against Chambers, which he deuied, as usual. This closed the pro- ceedings of that session. Nothing of interest transpired during the remainder of 1661.
The next season a schedule of the old and newly surveyed lots was made out, which is hereunto appended, to assist the curious in all things pertaining to Wiltwyck :*
LIST OF OLD LOTS.
1. Thomas Chambera. 10. Jau de Brabander. \
2. Evert Pels.
11. Jan Brogreen.
3. Balthazer Carel Stuyvesant.
12. Michael Verre.
4. Minister's house and lot. 13.
5. Mrs. De Hulter's.
14. Jan Depuit.
C. Jacob Govier, little farm.
15. Annetje Vandersluys.
7. Jacob Jausen. 2d farmn.
S. Hendrick Sewan Stringer.
9. Andrics, the Weaver.
NEW LOTS.
1. Hendrick, the Smith.
16. Derek Florisen.
2. Ifendrick Martense.
17. Mattys Capito.
3. Harvianus Hendrix Blew.
IS. Jan Laureusen.
4. Jan Jansen, Carpenter.
19. Casther, the Norman.
5. Jacob Barents.
20. Barent ferretson.
6. Jan de Baker.
21. The Church.
i. Jacob Joosten.
22. Hans barentsen.
S. Willem Punli.
23. The Church.
9. Peter Van Alen.
21. Albert Hey mause.
25. Juriaen Westphael.
26. Nicholas Willem Stuyvesant.
27. Albert Giysberts.
13. Anthony Crispell.
28. Tjerek Claesen.
14. Albert Gerretson.
29. Peter Jacobsen.
15. Dr. . Gysbertsen " Van Im- 30. Jan R.
horch."
31. Evert Petersen.
* Alb. Rec., xvi. 153, 157.
By the schedule of lots already presented, there were now in Wiltwyck forty-five dwellings and a church. Some of these, doubtless, contained two or more families, where- fore it is impossible to estimate the population of the place. Many of the honses were mere huts, or piles of logs thatched with straw or reed. Some were board shanties, while a few were built of stone. The manner of covering the houses subjected the village to frequent fires. This soon brough: about an order that all should be roofed with reed or shingles.
VIII .- FIRST PHYSICIAN IN WILTWYCK.
We must here remark that the lowlands in the Esopus taken up by the whites were untimbered. Like the prairies of the West, they only needed a burning and a plowing to fit them for the seed. There are many reasons given for this absence of wood, but the only reasonable ex- planation lies in the Grebrand of the Indian. The native> of Esopus raised maize, beans, and pumpkins for their food. To keep the lands elear for this purpose, they used fire. Thus our fathers found nearly the same openings in " Mamkating" their children find in Illinois and Kansas. only they were more circumscribed. " The land is exceed- ingly fruitful," wrote Smit. This was the cry of all who spoke of it. " Here, indeed, Eden must have been," said Swartwout. " You have but to spill the grain to get a bountiful erop." "Grapes and hops grow wild." " We have had a good erop of wheat from the opslag" (spontan- eous growth). Such stories increased the prosperity of Wiltwyck, notwithstanding its unhealthfulness.
The miasua of the low grounds, below Wiltwyck, cans- ing much sickness and many deaths, the director ordered them to be drained and cleared. This was not perfectly done, wherefore sickness abated but little. Many of the best men in the colony fell viethas to the bad air of Esopus. Ensign Smit, the valiant soldier, among the rest. His loss was "a sore affliction to the Governor," and a " severe blow to the company's interests." The ever-watchful Stuyvesant now saw the thrifty colony stood in need of an educated physician, and prevailed on Dr. Gysbert Van Im- borch to settle in the village. Prior to his arrival the people had no physician, but trusted to the skill of the reader, comforter of sick, and chorister, Van der Sluys. the Indian medicine-men, some old men, and to Mrs. Slecht, midwife.
Dr. Gysbert Van Imborch emigrated to the Manhattans in 1652, where he practiced his profession, occasionally visiting Long Island and Esopus. He was in the latter country during the Indian war of 1660, but does not seem to have settled there until two years afterwards. He mar- ried Rachel, the daughter of Johannes de La Montagne, and begat three children, -- Elizabeth, born 1659; Johau- Des, born 1661; and Gysbert, born 24th August. 1084 She died October, 1664, only six weeks after the birth of the last-named child. He " slept in the Lord," August the twenty-ninth of the following year. Jacob Kip and Williato de La Montagne, subsequently clerk of the county, were appointed guardians of his infant children. He served the people for two years as schepen or justice, -viz., from 1603 to 1665,-and was one of the delegates to the first. represen-
10. Maltys Roelofsen. 11. Jacob Harhans.
12. Gerret Van Campen.
16. House and lot of Geertrig, opposite 6 and 7.
49
THE SECOND ESOPUS INDIAN WAR.
tative body in New Netherland, held in New Amsterdam, in 1664. He seems to have been a very useful man, but very exacting, and disposed to drink a dran now and then. He had many quarrels with the women of Wiltwyck, who called him " a Jew and bloodsucker."
CHAPTER XIII.
THE SECOND ESOPUS INDIAN WAR-BURN- ING OF THE WILTWYCK AND THE NEW VILLAGE-THE PURSUIT-TREATIES OF PEACE
I .- DISCONTENT OF THE INDIANS.
ALTHOUGH a treaty of peace had been concluded with the Eropus Indians at the close of the first Esopus Indian war, yet the savages were still restless and unsubdued. They had objected strenuously to the building of a fort at the new village, claiming the land on which the new village was built as their own. Other causes also contributed to their discontent. Soou after the end of the first war, and about the year 1661, some Maquas or Mohawks, while on their way to the South River (Deltware) with presents, marched through the villages of the Esopus savages, as if they did not see them. They had heard these tribes blamed them for their losses, and would murder them if they came in their country. To show they did not fear, but held them in contempt, these proud wild men took this revenge. The act stung the Eropus Indians, who, afraid to take up the hatchet, complained to the Dutch. They did not get much consolation from them, however, for the policy of the colony was to preserve peace with the powerful Iroquois. If any one was murdered by them, the colonists did not fly to arms, but dealt as if the deed was done by white men. This marked difference in treatment, combined with the streets of surrounding savages, naturally made the Indian neighbors of Esopus irritable aud threatening.
The whites, by perseverance and love, might have as- sungyd this rancor, but, says a chronicler, " We are in danger of war if the people don't shut their mouths." Notwithstanding this irritation, peace was preserved, and Governor Stuyvesant wrote to the Governor of Curagon to send back some of the prisoners, " to case them." He woubl assure their brethren, " If they do well, the rest may also return."
THE MILITIA ORGANIZED.
In the year 1662, fearing trouble with the savages, the people of the village asked for a guard. About the same period the burgher guard, or militia, was organized, and Thomas Chambers appointed captain, Hendrick Jochems lientenant, and Roelof Swartwout, Hendrick Jansen, Cor- Urlis Barentse Slecht, and Peter Jacobsen under-officers.
IL .- THE GATHERING OF THE TRIBES.
Towards the close of the year 1662 the savages met in great numbers mar the Esopus. The object of their council could not be found out, but their secrecy was un-
derstood to augue evil to the Christians. Their military officers, therefore, called a meeting of the burghers, on the Ist of January, 1663, to enroll, equip, and drill them. Having no particular instructions from the director-general as to the power and duty of their positions, and as the safety of the settlement demanded earnest precautionary measures, this meeting passed a series of nine resolutions for the guidance of soldiers. The principal of these pro- vided no one should leave the settlement without permis- sion, fined every one for profanity, and fixed severe penalties on scandalous secret trade with the savages. When they had taken these steps, the whole company were regaled with wine and other drinks by some of the principal men, " but all went on in a good order." It must be understood these rules were the growth of a democratie spirit, and an assumption by the people of their right to self-government which such a man as Stuyvesant was could only overlook through necessity, or because he could not " fight against the prieks." As it was, he passed it by, but the schepens tore down the placard containing them, and forbade any one putting them up. To this Chambers and others ob- jected, and wrote the director for relief. They likewise told him of the true position of affairs at Esopus. Mattys Roe- lofsen let the Indians in the stockade at night, to sell them liquor. Ruin was so plentiful at the new village that the savages threw one another in the fire. There were too many taverns. Any one was recommended. In conse- quence, complaints were constantly made by the natives to the director, the people of Esopus and Fort Orange, that they were badly used. The authorities of the last-named place urged Stuyvesant " to weigh and consider" their grievances, lest trouble grew out of them. The court and military, officers at Wiltwyck reiterated these. The schep- ens had no power to make treaties, neither had Capt. Chambers. Whenever the Indians spoke, the Dutch could only fait their off until the " Great Sachem" came. At length, on the 30th of May, he sent them a present. On the 5th of June the savages met the court and spoke kindly to the whites. There had been some fear prior to this, but now their professions were so earnest that the Dutch be- lieved in peace. The Indians said, " If the renewal of peace be his governing object, they would meet him and his nnarmed attendants outside the gate, in open air, ne- cording to their custom." The weather was warm and pleasant, wherefore the people followed the routine of life without fear, while they meted out justice semi-monthly. Indeed, there had been no time in the annals of the Esopus when the natives were so profuse in manifestations of kind- ness. They romped with the young men, traded, and prattled with the children.
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