USA > New York > New York City > History of the New Netherlands, province of New York, and state of New York : to the adoption of the federal Constitution. Vol. II > Part 35
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At this meeting, Nicolls promulgated the laws called the duke's laws, which continued in force, notwithstanding the peoples dis- content, until Dongan was forced to convene a general assembly in 16S3, who by degrees modified them and passed others. 1665 Nicolls, by letter dated April 20th, informs the justices of Long Island that, obliged by his majesty's commission, he was going to Boston, and leaves Captain Needham in command. Sheriff Wells, Captain Topping, of the governour's council, and Matthias Nicoll, secretary of the council, appointed to sit with the justices of the sessions on Long Island, to explain the laws to them.
A proclamation is issued for apprehending two persons accused of assaulting the constable in the execution of his office.
The deputies assembled at Hempstead, in March 1665, to jus- tify an address made to the Duke of York, by a narrative asserting that, when Nicolls commission was first read at Gravesend, Gover- nour Winthrop was present, and declared that Connecticut claimed no jurisdiction de jure over Long Island; that what they had done was for the welfare of the colony, etc. ; and Governour Nicolls replied, that he would not put out any of the officers which Con- necticut had set up in the civil state, but confirmed them. . Some alterations were made by Nicolls in the laws he presented, and a disposition shown to accommodate them to the people. The depu- ties propose £200 to defray public charges, and applied to Nicolls to know whether they might not, after the example of the other colonies, choose their own magistrates ; on which, he showed his instructions, and told them, that if they wished for a greater share in the government than his instructions gave them, they must go to the king for it.
A judgment having been obtained against William Lawrence, of Flushing, the governour, on appeal, made it void. Nicolls en-
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couraged Paul Richards in the cultivation of the vine on Long Island, in 1664. The wine to be free of excise for thirty years.
October 3d, 1665. The Indians of Long Island submit to the English government, requiring protection from other Indians and Christians, and requiring that no one sachem should have authority given him over others, but each sachem govern his people and family as formerly ; that they shall have equal rights with Christians in courts of justice, and they agree not to enter into any wars with- out leave from the English.
February 22d, (1665. ? ) The freemen of Southold in a meeting, appoint William Wells and Captain Jolin Youngs to con- clude any cause or matter relating to the several towns and to wait upon the governour, according to his letter of the Sth February. They ask that they may enjoy their lands in free sockage and their heirs forever ; that the freemen may choose yearly their civil offi- cers ; that all trained soldiers may choose their officers yearly ; and that the people may not pay for any fortifications, " but what may be within" themselves ; nor be enjoined to train without the limits of the town ; that they may have three courts in Southold in a year, and choose assistants to sit with the magistrates, and that they may have power to try all causes except criminal, and deter- mine without appeal all to £5 ; that no magistrate shall have yearly maintenance ; that no tax be raised " without the consent of the . major part of the deputies in a general court or meeting."
A letter from Nicolls to Messrs. Howell and Youngs, without date, gives permission to inform all persons on Long Island that the commissioners have settled the boundaries between the Duke of York's patent and Connecticut ; and have agreed with " Master Winthrop" that all Long Island remains to the Duke. That as it is winter, he does not think it convenient to put the inhabitants to the trouble of sending deputies to meet in relation to the affairs of the island, but weather permitting, he will notify them of time and place of meeting : in the mean time, magistrates formerly appointed shall remain under the Duke's government, and in his majesty's name. That he has not considered of any tax, but they may assure themselves of equal freedom and immunities, if not greater, than his majesty's subjects of any of the New England colonies enjoy ; and that he will promote trade, and encourage all sober and indus- trious persons in their plantations. He further says, he will require no further service, than upon due notice to be as ready to defend his majesty's territory, as they were to reduce it to obedience. 1674 The inhabitants of Southold met November 17th, 1674,
and declared and owned that they were under his majesty's government of Connecticut, and wish so to continue. They una- nimously vote that speedy application be made to the government of Connecticut for council how to answer the demands of Andros.
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They vote that a standing committee be appointed to manage their affairs during these transactions, either in regard to Connecticut, to whom they profess to owe their protection and defence, or to New York: and accordingly they chose their committee.
1676 On the 7th day of October, the court of assizes, upon the reading of certain letters from Southampton and South- old, stating their, reasons for not complying with the law in taking out grants, patents, or confirmations for their towns or lands-viz : law of 1664, or of council and assizes, 1666 and 1670, relating thereunto-give judgment that the said towns for their disobedience to law, have forfeited all their titles, rights, and privileges to the lands in said townships, and give them to Monday fortnight, the 23d inst. to acknowledge their fault and obey. This time is granted to the towns or individuals.
. December 10th, 1674-Salisbury informs the inhabitants of Southold and Singleland that he is empowered by the governour to receive the return of this place into the colony of New York, agreeable to the grant to the Duke of- York, and he accordingly declares that he does so receive the return of said place or territory from the colony of Connecticut, by whose help and protection they have been secured from the Dutch invasion, unto the obedi- ence of his Royal Highness.
In 1657 is the first notice of Quakers in New Netherland ; when Robert Hodshone, Christopher Holden, Humphrey Norton, Mary Wetherhead and Dorothy Waugh, arrived at New Amsterdam ; and the two women were confined or put into a dungeon for preach- ing in the streets. Hodshone went to Hempstead on Long Island, where he preached, and was taken up, as were two women for entertaining him .* Other Quakers coming from New England, were treated with severity by Stuyvesant : their number was small, and they met in the woods for worship about Flushing, Jamaica and Newtown.
John Bowne of Flushing was a baptist, but his wife was a Qua- ker minister ; and John went to the meetings of the Quakers, and was so touched that he joined the sect and offered his house for their meetings ; in consequence of which he was forcibly 1662 carried to New Amsterdam, and as he would not agree to discontinue the use of his house for the Quaker meetings, he was in 1662 sent prisoner on board a ship of war to Holland ; but was landed in consequence of stress of weather in Holland, and suffered to go at large on his promise to appear, which he did, and was heard before the West India Company ; who finding him stedfast, set him at liberty. When he returned home he found the government with the English ; and Stuyvesant " made
* See Sewel's History, p. 256.
APPENDIX L.
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an acknowledgment to him for the cruel treatment inflicted on him by his order."
1671 The Quakers encreased much in the two western coun- ties of Long Island. Quarterly meetings were held, and 1692 in 1692 a yearly meeting was held at Flushing. In 1696 a meeting house was built in New York. From this time 1696 the society has encreased, and their history is well known.,
There is an engaving from a picture of George Fox, painted in 1624, aged 30, in the Historical Society's Library. The first meeting house for Quakers that I remember in New York, was in Crown street, (now Liberty street,) it was afterwards Grant Thorburn's seed-store, and now (1839) a number of houses oc- cupy this ground. The second meeting house was in Queen street, (changed to Pearl street,) and now the place built up with - houses near Madison street ; while many, places have been pur- chased in more private and less costly situations, and houses of worship built, at the same time that the sect has divided into Uni- tarians and Trinitarians ; but both have adhered to many of the admirable moral and political regulations and customs which dis- tinguish them from other nominal Christians.
APPENDIX L .- Vol. I., p. 118.
Memoranda of the Genealogy of the Stuyvesant Family.
GOVERNOUR PETRUS STUYVESANT, came from Amsterdam. Arrived here the 27th of May, 1647. He was married to Judith Bayard, (a fugitive from France) who died in 16S6. 'They had two sons-Balthaza Lazar, born 1647, and Nicholas William, born 164S.
Balthaza, after the surrender of the Province to the English, removed (in disgust) to St. Thomas in the West Indies, He died at Nevis, 1675. He married in the West Indies, and had two daughters born at St. Eustace ; viz., Judith, born in 1674, mar- ried to Edsall ; and Katharine, born 1675, married to Abraham Tassamaker.
Nicholas William, (the son of the governonr) married to Maria Beekman, of New Amsterdam, who died without issue. He then married Elizabeth Sleghtenhorst, by whom he had two sons and one daughter ; viz., Petrus, born March 1684-drowned in 1705, having never been married. Iuna, who married the Rev. Mr. Pritchard, of New York, a clergyman of the church of England, and died without issue ; and
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Gerardus, who married Judith Bayard, who had four sons, only two of whom survived their father ; viz., Nicholas William, who subsequently died without issue, having never been married ; and
Petrus, born 1727, died September 7th, 1705. He married Margaret Livingston, (daughter of Gilbert Livingston) who died January 8, 1818. They had several children, six of whom sur- vived their parents ; viz., Judith, (the wife of Benjamin Winthrop) Cornelia, (the wife of Dirck Ten Broeck) died February 24, 1825; Nicholas William, died March 1833, leaving several children ; Margaret, died unmarried, October 29, 1824; Elizabeth, the widow of Colonel Nicholas Fish, and
Peter Gerard Stuyvesant, Esq., the present representative and head of the family, and President of the New York Historical Society.
Of the children of Petrus Stuyvesant, there are now living, Peter Gerard Stuyvesant, Esq., Mrs. Winthrop, and Mrs. Fish ; also a large number of grand children, and great-grand children.
APPENDIX M .- Vol. I., p. 139.
IT has often been insisted on, that this conquest did not extend to the whole province of New Jersey, but upon what foundation I cannot discover. From the Dutch records, it appears that de- puties were sent by the people inhabiting the country, even so far westward as Delaware river, who in the name of their principals, made a declaration of their submission ; in return for which, certain privileges were granted to them, and three judicatories erected at Viewer Amstel, Upland, and Hoer Kill. Colve's com- mission to be governour of this country is worth printing, because . it shows the extent of the Dutch claims. The translation runs thus :
" The honourable and awful council of war for their High Might- inesses the States General of the United Netherlands, and his Se- rene Highness the Prince of Orange, over a squadron of ships, now at anchor in Hudson's river, in New Netherlands : To all those who shall see or hear these, greeting : As it is necessary to ap- point a fit and able person to carry the chief command over this conquest of New Netherlands, with all its appendencies and depen- dencies, from Cape Hinlopen, on the south side of the South or Delaware bay, and fifteen miles more southerly, and the said bay and South river included ; so as they were formerly possessed by the directors of the city of Amsterdam, and after by the English
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government, in the name and right of the Duke of York ; and fur- ther, from the said Cape Hinlopen, along the Great Ocean, to the east end of Long Island, and Shelter Island ; from thence west- ward to the middle of the Sound, to a town called Greenwich, on the main, and to run landward in northerly ; provided that such line shall not come within ten miles of North river, conformable to a provincial treaty made in 1650, and ratified by the States Ge- neral, February 22d, 1656, and January 23rd, 1664; with all lands, islands, rivers, lakes, kills, creeks, fresh and salt waters, fortresses, cities, towns, and plantations therein comprehended. So it is, that we being sufficiently assured of the capacity of Anthony Colve, captain of a company of foot, in the service of their High Mightinesses, the States General of the United Netherlands, and his Serene Highness the Prince of Orange, etc., by virtue of our commission, granted by their before mentioned High Mightinesses. and His Highness, have appointed and qualified, as we do by these presents appoint and qualify, the said Captain Anthony Colve, to govern and rule these lands, with the appendencies and dependencies thereof, as governour-general ; to protect them from all invasions of enemies, as he shall judge most necessary ; hereby charging all high and low officers, justices, and magistrates, and others in au- thority, soldiers, burghers, and all the inhabitants of this land, to acknowledge, honour, respect, and obey the said Anthony Colve, as governour-general ; for such we judge necessary, for the ser- vice of the country, waiting the approbation of our principals. Thus done at Fort William Henderick, the 12th day of August, 1673.
" Signed by " Cornelius Erertse, Jun, " Jacob Benkes."
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The Dutch governour enjoyed his office but a very short season, for on the 9th of February, 1674, the treaty of peace between Eng- land and the States General was signed at Westminster ; the sixth article of which restored this country to the English. The terms of it were generally : " That whatsoever countries, islands, towns, posts, castles, and forts have or shall be taken on both sides, since the time that the late unhappy war broke out, either in Europe or elsewhere, shall be restored to the former lord and proprietor, in the same condition they shall be in, when the peace itself shall be proclaimed ; after which time there shall be no spoil nor plunder of the inhabitants, no demolition of fortifications, nor carrying away of guns, powder, or other military stores, which belonged to any castle or fort, at the time when it was taken."*
. Smith's history of New York, Vol. 1., pp. 43-46.
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APPENDIX N .- Vol. I., p. 135.
16S3 AT a general assembly, held in New York, 17th October. 35th of Charles II., and continued by adjournment until 3d November following, it was enacted, that the supreme authority under the king and duke " shall forever reside in a governour, council, and the people met in general assembly."
2. The exercise of the chief magistracy shall be vested in a governour, assisted by a council, who is to govern according to law.
3. In the governour's absence, the oldest of the council to take his place.
4. Assemblies to be held at least triennially.
5. Voters for assembly to be freeholders or freemen.
6. The number of representatives for the city and county of New York, four; Suffolk, two ; Kings, two; Queens, two ; Richmond, two; Westchester, two; Albany, two; Schenectady, (in Albany County,) one ; Duke's County, two ; Cornwall, two : and as many more as his R. H. shall think fit to establish.
7. These delegates, with the governour and council, to have the sole legislative power.
S. The said representatives to appoint their times of meeting during the session, and to adjourn from time to time at their will.
9. Sole judges of the qualifications of their own members.
10. Free from arrest while sitting and going and coming-also, three servants.
11. Bills passed, to be presented to the governour for concur- rence, and laws repealed by the authority that made them, with con- currence of the Duke.
12. In case of vacancy in the assembly, the governour issues summons for a new election.
13. Freemen exempt from imprisonment, etc., but by judgment of peers, according to law.
14. No tax but by consent of the three powers-governour, council, and representatives.
15. Trials by jury of twelve. 16. Grand jury.
17. Bail allowed, except for treason and felony.
18. No freeman compelled to receive soldiers into his house but in time of war.
19. "From henceforward, no land in the province to be ac- counted a chattel or permanent estate, but an estate of inheritance, as in England."
20. No court to have power to issue execution against any
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man's land, to be sold or otherwise disposed of, without the owner's consent ; but the profits and issues of his land to be liable for debts, etc. .1
21. No estate of a femme covert to be sold without her consent -she to be secretly examined.
22. All wills attested by two credible witnesses, and registered forty days after the testator's death, as valid to convey real property as a deed.
23. Widows to have the thirds, and to have the privilege of living in the chief house of the deceased husband forty days after his death.
24. All persons professing faith in God by Jesus Christ, to have free and full liberty unmolested to exercise the mode of worship agreeable to them, provided they do not disturb tlie good people. Ministers can recover money engaged to be paid to them " by law -by sale and distress," and a mode pointed out by a justice and constable, " provided the subscription do not exceed 40s ; if it do, to be recovered as the law directs."
25. All the Christian churches in the province to have the same privileges as heretofore.
26. Duties imposed to defray the charges of government-40s upon a pipe of wine, 20s per hogshead of Rhenish wine, 2 per cent. on merchandize, (the cost) etc., 10 per cent. ad volorem upon India goods and some enumerated articles, 12 upon a barrel of powder, and Gs on a cwt. of lead, etc. etc. An excise was laid on liquors, beer and cider excepted, of 12d per gallon on sales less than five gallons, and the same on that carried up the Hudson. Beaver skins, 9d, and others in proportion.
In 16S3, the province was divided into shires and counties.
1. The city of New York included Manliattoes, Manning's, and Barn Island.
2. Westchester contained East and West Chester, Bronxland, Fordham , and all as far eastward as the province extends, and as far north as the Highlands.
3. Ulster had the towns of Kingston, Hurly, Marbletown, New Paltz, and all the villages and Christian habitations on the west side of the Hudson from Mindane's Creek near the Highlands, to Saw- yer's Creek.
4. Albany extended beyond Renssellaerwyck, and Schenectady, including as above from Sawyer's Creek to Saratoga.
. 5. Duchess, from the bounds of Westchester on the south, along the Hudson to Jamison's Creek, and east, into the woods twenty miles.
6. Orange, as now, except on the west it ran to Delaware River. 7. Richmond, as now.
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8. Kings, to contain Brooklyn, Bedford, Bushwick, Flatlands, New Utrecht, and Gravesend.
9. Queen's-Newtown, Jamaica, Flushing, Hempstead, and Oyster Bay.
10. Suffolk-Huntington, Smithfield, Brookhaven, Southamp- ton, Southold, Easthampton to Montauk Point, with Shelter Island, Isle of Wight, Fisher's Island, and Plumb Island.
11. Duke's County, to contain the islands of Nantucket, Mar- tha's Vineyard, Elizabeth Island, and No-man's-land.
12. Cornwall to contain Pemaquid, and all his R. H.'s dominions in those parts, and the islands adjacent, etc. A high sheriff to be appointed for each county, who was allowed his deputy.
An act was also passed which naturalized all persons residing in the province, professing Christianity, and taking the oaths.
Another repealed former laws respecting county rates, and allowed justices £20 per annum, on Long Island.
Other laws were passed this year, establishing county courts, etc. and presenting Dongan with 1d on the pound, on all estates real and personal in the province.
. 1684 Another assembly in the city of New York, the same delegates appearing. They settled and explained former acts-passed one concerning Surgeons and medicines *- concern- ing marriages ; none valid unless the banns are published three Lord's days ; a justice might marry ; marriages contrary to this act considered fornication, and proceeded against as in such cases ; a - married person being absent unheard of for five years, justifies his partner's marrying again.
APPENDIX O .- Vol. I., p. 136.
16S3 O the 28th of November, Dongan agreed with Robt. Treat, governour of Connecticut, and certain other commissioners joined with him, that the bounds between the Duke of York's ter- ritory and Connecticut, should begin at Byram river, between Rye and Greenwich, where it falls into the sound at Lyon's Point, the east point of said river, from thence run with the river to the place where the common road or wading place is over the river, from thence, N. N. W. into the country, eight miles from Lyon's Point, and a line of twelve miles being measured from Lyon's Point, ac-
* See Duke's Laws.
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cording to the course of the sound east, from the end of said twelve miles another line shall run from the sound eight miles N. N. W., and a fourth line be run from the northwest of the line first men- tioned, and unto the northmost end of the eight mile line, being the third mentioned line, which fourth line, with the first mentioned, shall be the bound where they shall fall to run. And that from the eastward end of the fourth mentioned line, (which is to be twelve miles in length,) a line parallel to Hudson's river, in every place twenty miles distant, shall be the bounds of Connecticut, so far as Connecticut doth extend northward, that is the S. line of Massachusetts.
There are some provisos that the first mentioned line, shall not take from the twenty miles aforesaid, and the surveyor to run the lines in October next. They, accordingly met at Stamford, and concluded the business.
In 1664, commissioners had represented the claims of Connec- ticut, and to show that Long Island, should be under Connecticut : but the S. bounds of Connecticut, were increased to the sea, and Long Island belonged to the Duke of York. The creek of Mama- roneck, thirteen miles east of Westchester, and a line drawn from the E. point or side, where the fresh water falls into the salt at high water mark, N. N. W., to the line of Massachusetts, to be the western bounds of the colony of Connecticut. Agreement dated, 1st of De- cember, 1664, between Richard Nicolls, George Cartwright, and Samuel Maverick ; and John Winthrop, Alleyn, Sen., Richards, _Gold, and John Winthrop, Jun.
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APPENDIX P .- Vol. I., p. 212.
Laws established in New York, 1664, by James Duke of York, pub- lished in this year, March Ist., " at Hempstead upon Long Island."
Debts .- Actions under £5, shall be referred to two arbitrators chosen by the constable : if a party refuse such arbitration, then the next justice of the peace, shall appoint three arbitrators, and the party refusing, shall pay the additional cost. In the first case, the constable is to have one shilling and the arbitrators two shil- lings and sixpence each : in the second case, the justice to have seven shillings and sixpence, the arbitrators five shillings each, and the constable two shillings and sixpence, to be paid by the party cast. Actions above £20, to be tried at the sessions.
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Arrests .- No arrest to be made on the sabbath day, the day of humiliation for the death of Charles I., the day of thanksgiving for the restoration of Charles II., or upon the 5th of November : but the sheriff may seize any rioters, felons, or jail breakers. .
Slavery .- No Christian shall be held in slavery except judged thereto by authority ; or such as willingly sell themselves.
Capital punishment, Death .- For denying the true God and his attributes : for premeditated murder : for slaying with weapon one who has no weapon : for poisoning : for beastly copulation : for sodomy : for kidnapping : for false witness in trial for life : for denying his Majesty's right, or resisting his authority by arms : for treason to surprize town or fort. For striking a parent the child is adjudged to death if above sixteen and not an idiot.
Churches .- Every parish to build a church. Eight householders in each parish to be chosen by the majority to be overseers, of whom two to be church wardens, and assessments for building, supporting ministers, etc., to be made by the overseers. Every minister shall produce testimonial to the governour of ordination, .by a bishop or minister of the reformed religion, and be elected by a majority of the householders. Church-wardens are to present once a year all misdemeanours and sins.
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