USA > New York > History of the state of New York. Vol. II, Pt. 2 > Part 34
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HISTORY OF THE STATE OF NEW YORK.
gular Governors, Officers and Ministers which. hereafter shall be by him or them thought ft at 1 needful to be made or used within the aforesaid parts and Islands ; And also to make, ordais sud establish all manner of Orders, Laws, directions, instructions, forms and Ceremonies of Gosets. ment and Magistracy fit and necessary for and Concerning the Government of the territories at ! Islands aforesaid, so always as the same be not contrary to the laws and statutes of this Our Realia of England but as near as may be agreeable thereunto: And the same at all times hereafter to put in execution or abrogate revoke or change not only within the precincts of the said Terzito. ries or Islands but also upon the Seas in going and coming to and from the same as he or they in their good discretions shall think to be fittest for the good of the Adventurers and Inhabitants there. And We do further of Our speciall Grace, certain knowledge and mere motion grant, of. dain and declare that such Governors, Officers and Ministers as from time to time shall be author. ized and appointed in manner and form aforesaid shall and may have full power and author.ty 10 use and exercise Martial Law in cases of Rebellion, Insurrection and Mutiny in as large and ais; by manner as Our Lieutenants in Our Counties within Our Realm of England have or ought to hate by force of their Commission of Lieutenancy or any Law or Statute of this our Realm. And We do farther by these presents for us Our Heirs and Successors Grant unto Out said Dearest Brother James Duke of York his Heirs and Assigns, That it shall and may be lawful to and for the : ! ! James Duke of York his heirs and Assigns in his or their discretions from time to time to admit such and so many Person and Persons to trade and traffic unto and within the Territories and Islands aforesaid and into every or any part and parcel thereof, and to have possess and enjoy any Lands or Hereditaments in the parts and places aforesaid as they shall think fit according to the Laws, Orders, Constitutions and Ordinances by Our said Brother his Heirs, Deputies, Commi -- sioners and Assigns from time to time to be made and established by virtue of and according to the true intent and meaning of these presents and under such conditions, reservations and a free- ments as Our said Brother his Heirs or Assigns shall set down, order, direct and appoint, and no: otherwise as aforesaid. And We do further of Our especial grace, certain knowledge and mete motion for us Our Heirs and Successors give and grant to Our said Dear Brother his Heirs and Assigns by these presents That it shall and may be lawful to and for him, them or any of them st all and every time and times hereafter out of any Our Realms or Dominions whatsoever to tike lead, carry and transport in and into their Voyages and for and towards the Plantations of our said Territories and Islands all such and so many of Our Loving subjects or any other strain ers being not prohibited or under restraint that will become Our Loving subjects and live woffr O .: Allegiance as shall willingly accompany them in the said voyages; together with all suche! ahit.". implements, furniture and other things usually transported and not prohibited as shall be pe. ry sary for the inhabitants of the said Islands and Territories and for their use and defence thete ! and managing and carrying on the trade with the People there and in passing and returning to and fro: Yielding and paying to us Our Heirs and Successors the Customs and Duties there fore due and payable according to the Laws and Customs of this Our Realm. And We do also for t- Our Heirs and Successors, grant to Our said Dearest Brother James Duke of York his Heirs and Assigns and to all and every such Governor or Governors or other Officers or Minister, a- by Off said Brother his Heirs or Assigns shall be appointed, to have power and anthority of Goveruses: and Command in or over the Inhabitants of the said Territories or Islands that they and every of them shall and lawfully may from time to time and at all times hereafter forever for their sev. eral defence and safety encounter, expulse, repel and resist by force of Arms as well by sea a- by land and all ways and means whatsoever all such Person and Persons as without the speciall 1 .:- cence of Our said Dear Brother his Heirs or Assigns shall attempt to inhabit within the several precincts and limits of Our said territories and Islands : And also all and every such Person and Per. sons whatsoever as shall enterprize or attempt at any time hereafter the destruction, invasion, det- riment or annoyance to the parts, places or Islands aforesaid or any part thereof. And lastly Ouit will and pleasure is and We do hereby declare and grant that these Our Letters Patents or the enrolment thereof shall be good and effectual in the Law to all intents and purposes whatsoett? notwithstanding the not reciting or mentioning of the Premises or any part thereof or the n.c: 35 or Bonnds thereof or of any former or other Letters Patents or Grants herctofore made of gra !.:- ed of the Premises or of any part thereof by U's or of any of Our progenitors unto any other Per- son or Persons whatsoever, Bodies Politic or Corporate, or any Act, Law or other restraint inter- tainty or imperfection whatsoever to the contrary in any wise not withstanding ; although express mention of the true yearly value or certainty of the premises or any of them or of any other g.A. or grants by U's or by any of Our progenitors or predecessors heretofore made to the cold Je.es Duke of York in these presents is not made or any statute, act, ordinance, provision, produhis- tion or restriction heretofore had, made, enacted, ordained or provided, or any other matter casse or thing whatsoever to the Contrary thereof in any wire Notwithstanding. In Witness alter f We have caused these Our Letters to be made Patents. Witness Ourself at Westminster :t.c twelfth day of March in the Sixteenth Year of Our Reign. [1664]
By the King. HOWARD. Criminal in State Library, Albany; Patents, 1., 109-115 ; Leaming and Spicer, 39; New York (. lonial Documents, il., 205-299.
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APPENDIX.
NOTE B, CHAPTER L., PAGE 18. The Duke of York's Commission to Colonel Richard Nicolls.
JAMES, Duke of Youx and ALBANY, Earl of U'isvin, Lord High Admiral of ENGLAND and IRE- LAND, &c., Constable of Dover Castle, Lord Warden of the Cinque Ports, and Governor of Ports- mouth, &c. WHEREAs it bath pleased the King's most Excellent Majesty, my Sovereign Lord and Brother, by His Majesty's Letters Patents, bearing date at Westminster the Twelfth day of March in the Sixteenth year of His Majesty's Reign, to give and grant unto me and to my Heirs and Assigns, All that part of the mainland of New England, Beginning at'a certain place called or known by the name of Saint Croix, next adjoining to Nie Scotland in America, and from thence extending along the sea-coast, unto a certain jdare called Petuquine or Pemaquid, and so up the River thereof to the farthest leal of the same, as it tendeth Northwards, and extending from thence to the River of Klartequi, and so upwards by the shortest course to the River Canada rorthwards ; And Also all that I land or Islands commonly called by the several name or names of Matowacky or Long Island, situate, lying, and living towards the west of Cape Cod and the Nar- row-Higansets, abutting upon the mainland, between the two rivers there, called or known by the several names of Connecticut and Hudson's River : Together also with the said River called Hud- son's River and all the land from the West side of Couveticut River to the East side of Delaware Bay; And Also all those several I lands called or known by the name of Martin's Vineyard and Nantukes otherwise Nantvolt; Together with all the Lands, L.lands, Sofles, Rivers, Harbours, Mines, Minerals, Quarries, Woods, Marshes, Waters, Lakes, Fishing, Hawking, Hunting, and Howling, and all other Royalties, Proste, Commodities, Hereditaments, to the said several Islands, Lands, and Premises belonging and appertaining, with their and every of their Appurtenances ; To Hold the same to my own proper ure and he hoof, With Power to correct. puuish, pardon, gov- ern, and rule the Inbabhauts thereof, by Myself, or such Deputies, Commissioners, or Officers as I shall think fit to appoint ; as by His Majesty's said Letters Patents may more fully appear: AND Whereas I have conceived a pool opinion of the Integrity, Prudence, Ability and Fitness of Kicu- ABD NICOLES, Esquire, to be employed as ny D, puis there. I have therefore thought fit to consti- tute and appoint, And I do hereby construite and appoint him the said Richard Nicolls, Esquire, to be my Deputy-Governor within the Lands, Hands, and Places aforesaid, To perform and exe- cute all and every the Powers which are by the said Letters Patents granted unto me, to be exe- cute by my Deputy, Agent, or Assign. To HAVE AND TO HOLD the said place of Deputy-Governor unto the said Richard Nicolle, E- mire, daring thy will and pleasure only : Hereby willing and re- quiring all and every the Inhabitants of the > i'd Lands, I-lands, and Places to give obedience to him the said Richard Mcolly in all things, recording to the tenor of His Majesty's said Letters Patents: And the said Richard Nivells, E- pure, to observe, follow and execute such Orders and Instructions as he shall from time to time to vive from myself. Gives, under my hand and seal, at Whitehall, this Second day of April, in the Sixteenth Year of the Reign of our Sovereign Lord Charles the Second, by the Grace of God King of England, Scotland, France, and Ireland, &c., Annoque Domini, 1661. JAMES.
By Command of His Royal Highness,
W. COVENTRY. Pub. : Ke, 1, 116-118; Leaming und Spieer, coo-GOT.
NOTE C, CuArTin YL, PAGE 271. Governor Colve to the Burgemeesters de of New Orange.
Burgomasters and Schopene being on the Invitation of the IN. Governt. assembled Collegi- aliter in the City Hall on the 15 Oct 1671 :---
The H'. Governour Gebers! affoniri z at the meeting represents that he hath now received by the Government ship the Mu, Trienp, Levers & Absolute Orders from the Lords Majors and their High Mightinesses, for the Restintion of this Province of N. Netherland to his Majesty of Great Britain pursuant to the Treaty of prave concluded on the February last ; with further order for himself to return immediately with the Garrison, which His Honour thought tit to com- municate to the meeting, further -tasting to them if they had any Representation to make to their High Mightinesses, and Honte Migbutes-es that his Honour would willingly present the same. - New Orange Records, vil., 237.
Governar Andres to Governor Colve.
Being arrived to this Place with Orders to Receane from you in the Behalf of his Matie of Great Britagny Pursuant to the Lite Articles of Peace with the States Generall of the United Neather- lands, The New Netherlands and Dependsides, pow vudes your Command, I hane herewith, by Capt. Philipe Carterett: and En -. Ca-ar Kanpti n, sent you the Respective Orders from the said States Generall, the States of Zealand and Almirah y of Amsterdam, to that Efect, and desire youl
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HISTORY OF THE STATE OF NEW YORK.
Please to apoint some short time for it, Our Soldjers having [been] long abord, I pray your Answer by these Jentiemen and I shall bee Ready, to serve you in what may Lay in my Power, Bear: Your Very Humble Servan :.
From abord His Maties Ship
The Diamond, att Anker neare
Staten Island this 22nd of Octber
1674
Superscription. "For the IIble The Gouernor Commander in Chief in The New Netherlands, These." Col. MISS., xxiii., 4:2.
Governor Andros to Governor Colre.
S .- I Received yours Last Night of the same date, by Capt Carell Episseyn & Lient Charles Quirrynse which were I com in a private capasity or bound elsewhere, is very obligin to my sape- riors and Family. But I am suprized that being sent Authorized as I am for Receaving the Place which I length you severall Reteirated the States Generall, the States of Zealand & Admiralty of Amsterdam (which you also tell mee you had Already receaved before my Arival & itt being so long after the Tyme, itt should have been delivered if demanded) you have nott, so Much as Sett any Time for the Effecting itt, I doe nott Doubt the Freedom, & y; Kind Veage of all Inglish, In general weh is dayiny practized betweene our Superiors, & Two Nacons in Vrope, & Elsewhere, but having no Orders to Land vpun a pri- vate acompt & The Ships sent wth mee by the King of Ingland, my Master, being nott onely att very great Expense, but designed for his Sarvice, elsewhere as soone as I am possesd of this Place : I againe desire you yi pursuant to the Articles of Peace, & the Severall Orders you have Receive.l, yon will apoint a short Tyme for Effecting itt.
.
This is by Capne Philipe Carterett, Capne Mathias Nicolls & Ens : Cæsar Knapton who will :1 you the same things verbally, and also ashure you as I now doe that if MI Colve or any of god of Ships should nott be Ready to goe on Bord, or Saile, that you shall not only have all kindrewe as is dayly Practised att Home, butt myselfe, Ready to Sarve you upun all occacons to my Power: So nott Doubting yor Considering things as they your present Resolve, Conforsmitte 1) friendship & orders of Superrts & desiring y' Answer by these Jentlemen, I am in Reality
Yor Friend & Humble Servan!, Signed EDM ASTER
From Abord his Maty ship The Diamond, at Anker neare
Staten Island; 23th Octber 1674.
Col. MISS., xxiil., 416.
Governor Andros to Governor Colte.
Sr .- I received yors yesterday in the Evening in answer to mine by the hands of Capt PER Carteret Matthias Nicolls & Ensigne Cæsar Knaptou.
You tell me That you hoped & did not doubt but within the space of eight days you would be ready pursuant to ye Articles of peace and Instructions to Surrender ye place now under yo' Com- mand.
If the Time for ye Surrender had beene certainly prefixt & by a Lesse space, I should not have had [the necessity of ] giving you this farther Trouble. Now once againe by the same Gentleman I Desire you to lett me [know with certainty when] I & my forces may pursuant both to your & Hel Orders [take possession of the] Fort and Government you now are [commanding] I alsce wish you will take into your Consideration to] pitch upon a shorter time then you hare proposed :
These Gentlemen I have now appointed to discourse with you about the [time] thereof that nothing may further intervene to delay it & for the furthering of which if you thinke contenant & you may please to rent some of vor Councell to mee (or whom else you shall thinke fitt to authorize) that we may hane conference about the same.
I should bee very glad these matters may bee concluded in a Faire & amicable way I doe ho; e & will not doubt yor effectuall answer, desiring nothing more then a friendly Conference & the honor of seeing and serving you That I may not bee obleged pursuant as I think to my duty to justify my proceedings by a pablick Protest. And if there yet shall remainc anything vitter; st. lick or yor private Concernes, if you please to let me Know it by these Gentlemen or any of them I shall bee very ready & glad of all opportunitys to testify how much I am
Yor bamble Servant.
From on board his Mantes ship The Diamond at Anchor heare Staten Island Octob The 24's 10.4.
CUL. MSS., xxlL., 414.
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APPENDIX.
Committee appointed to arel one Governor Andros.
24 October, A: 1674. Burgomasters and Schepens being met at the City Hall with the Burgher $ November,
Council of war, they with the approbation of the II: Governour, appointed and qualified, as they hereby appoint and qualify the H: Cornelis Steenwyk, with the Heeren Burgomaster Johannes van Brugh & Willein Beckman to repair on board his Majesty's frigate now anchored under Staten Island, and there welcome the H' Governour Andrews and to request together some privileges from him for the advantage of the commonalty.
The foregoing Commissioners returning this date reported that they welcomed the H' Governor Major Andrew's and requested from him to favor the Inhabitants with some privileges ; Who an- swered them that they the Commissioners iny assure the Inhabitants of the Dutch Nation that they should participate in the stone privileges as those of the English Nation, and that his Honour would as far as possible pronte their interests; referring himself further to the Instructions given him by his Royal Majesty & Iliginess the Duke of York .- New Grange Records, vii., 253.
Governor Andros to Governor Colce.
St -- I reed yof the last nicht by Me Steenwyck & Capt Charles Eppisteyne together with the en- closed paper of several) particulars relating to the Towne; To which (did I think myselfe Author- ized to Treat particularly of thin 's of this niture afore muy Landing) I should not scruple nor doubt to give you a particular and satisfactory Answr to most of them ; which I hope you will have in the Gen" by my Assaring you a. I how do againe, That I am not onely Commanded panc- tually to observe the Articles of Pe ice. But have also his Majesty's and Royall Highnesse particu- lar Orders to do it in the best and most friendly manner with kindnesse to such Dutch as I shall finde upon the place; As to ye las' relating to the Ship, I desire to do it as faire as reasonably they can expect (but It relates to some of our Acts of Parliam") I have spoken to one of the Own- ers, and desire that they will ationgs: themselves and the Master advise together, how farre that may be with safety, particularly to themselves ; Vpou which I shall bee willing to do the utmost in my Power accordingly. Fhave directed the Bearer, Capte Matthias Nicolle, Personally to con- ferre with you. more at large to this effect in any of these particulars, if you shall think fitt. I am sorry for the disorders you mescon, Laground in the Towne, which I doubt not are now wholly remedyed by the Orders you have taken in comman sing all the Souldyers to the Fort from ram- bling about the towne, as also owoyning all others to repaire Home, which will (without doubt) quiet Peoples mindes ; so that if you ber not already released those Souldyers committed for som disorders in the street (belig drun') ! praque now desire yon to Pardon them, in which you will oblige mee ; so hoping to heere frost you to morrow, for sending p'sons on Shore to see and take knowledge of such things as you shall leave in the ffort, for me to receive ; with my thanks for yo' last Civilityes, being ready to serve yos in what may ly in my Power, I remaine
Yo most humble Seryt
Signed E. ANDROS.
From on board his Matry Ship the Dyamond at Anchor neare Staten Island, Oct. 25th. 16:4.
Cel. JESS., xxiii., 415, 418.
Gor rior Andres to Governor Coler.
No : 2d 1674.
Sr .- This is to return you my a showde laextents and thanks for both yor of the 10th and 11th ultimo upon the subject of my rellevi = virt in this place, being also obliged to you for yor good opinion and Character of me bote : & sudthe plaid of all opportunity wherein I may testify yor Generosity in all yor proceedings siere my arrivallt , these parts.
I have upon yor desire wholly free ! tl . two prison you left mee here : I have also here enclosed sent you as you directed an dieser in Bo Magent to the soverall particulars in the sd papr which I hope you will bee satisfyed is as full a staple a- is any way in my power. But againe assure you that having his Mates & bi- R. H. orders I shall endeauor all I may the good & welfare of ye Inhabitants of this place.
I hane now onely to adde may fart'. rackn. wledgements and thanks for y present of the three horses & Coach, am onely conf ised that you'su Hlen departure for soe great a distance will deprive me of ye means of showing how seusCole I am of this particular obligacon to myselfe.
This is by Capt. Matthias Nicolle & E. Capour Knapton who will tell you the same verbally & wish you a good & prosperous voy vre, also requesting you from mee to let mee know all oppor- tanityes wherein I may serae you dudirg yo lenger stay in these parts. Remaining
Col. A.S.S., xxift., 420.
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HISTORY OF THE STATE OF NEW YORK.
GRASAS ANDROS'S ANSWERS.
They spin yof desire for you satisfaction Particulars
To the 2nd. To continue pursuant to Law and the utmost of the Articles of Peace.
To the 34. All Justice with friendship shall que : lewne, pursuant to the Articles of Peace.
To the 4". The neuall discipline of their Church to bee continued to them as formerly, and the other of Inheritance, as farre as I may, & for those that shall desire it.
To th/ 55. I have neither Orders por directions 5. That they may be excused from Impress- for any pressing whatever and shall allwayes ment, if not wholly at least against their own the glad to favour the Inhabitants therein. Nation.
Tolle Gr. I shall allwayes bee ready to allow & favour so charitable a worke.
To the Th. I shall take fitting Care in this par- fenlar to the satisfaction of all the good.
To the Sh. I have seene since my arriva !! sev- resting & forfeiting the Effects of the West In- Bys Company in these parts, during the former V, arte in 1664 & 1605, which I am also informed lave since been accounted for at home, so not in my power.
To the 9th. I hope this will not bee expected from mee, which if due should have beene ef- for the benefit of the city until the debts of the Ected by my Predecessors & is not in my power. City, contracted before my Administration, shall be paid, as was agreed unto by the Capitulation in the Year 1664.
To the 10th. This seems to relate to the first, However I have his hoyall Highnesse particular Orders & Regulacon for the Customes in every particular, from which I may not vary.
PROPOSALLS SENT BY GOVERNOR COLYE to Gorer- For Andros previous to the Surrender of Now Netherland, Ort. 27 1674.
Myn Heer-Pursuant to my last I have con- Sivers you're following Answer to yor several sidered it my duty to propose to your Honor herewith the following Articles, on the one side for the greater satisfaction of my Lords & Mas- ters, and on the other for the greater tranquility of the good People of this Province, requesting I may receive your answer in the margin there- of-to wit :- .
1+t. As it is Impossible to settle before my de-
„ #\ the 1". I shall bee ready upon all occa- Syede to countenance and bec helpefal to any parture all the debts of the present government yoss +bull think fitt to entrust in this place, as Der as may bee in my power pursuant to the + rides of Peace & Law. and to dispose of its effects consisting princi- pally in the confiscated property of the late En- glish Officers found here on the reduction of this Province, from which their personal debts must first be paid ; and as it will be necessary for that end to leave authority here on behalf of my Lords Principals, I do therefore request that your Hon- or on being solicited, will be pleased to lend Lim a helping hand on all occurring occasions.
2. That all sentences and Judgments passed during my Administration may stand good.
3. That the present owners of the houses, lands and other effects of private persons con- fiscated during the war, may be maintained in their possession.
4. That the Inhabitants of the Dutch Na- tion may be allowed to retain their customary Church privileges in Divine Service ard Church discipline besides their Fathers' laws & castoms in the division of their Inheritances.
6. That each Congregation whether Lutherans or others may support their own Poor.
7. That all Publick houses may continue ac- cording to the Customs now existing.
call ordres or Decrees upon Record. for the ar- in this Country may be paid from their proper-
8. That the West India Company's creditors ty and outstanding debts here.
2. That the City Tapsters Excise may remain
10. Whereas the Inhabitants of this Province advanced some monies by form of a Loan for the fortification of this City, for the repayment of which money a small Impost was laid on ex- ported Beavers and peltries and imported In- dian goods, that the same Impost may stand good until the said expended monies shall be paid.
11. That the Ship the Beaver, Skipper Jacob
To the 11th. As to this particular, I shall con- taste all the favour and friendship I may pur- Maurits destined hence for Holland may be al- want to the Articles of Peace, and Acts of Par- Sam' & shall not take any advantage or tollerate #, but abord a reasonable Time. lowed to remain unmolested at auchor here to sell his goods, to receive his pay, to load his Ship here to depart with the same directly for Fatherland.
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APPENDIX.
S' Yor most humble Seryt
For the Honte Governor Colve on board the
States Ship the Surynam, The-e.
This is a true Cople of the Proposalls sent by Governor Colve to Gonerno' Audros before the surrender of the Fort bearing date Octoby: 275 old stile with the Answer returned to the seuerall particulars therein afterwards ; pursuant to the Assurance given by those employed.
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