USA > New York > The documentary history of the state of New York, Vol. III pt 2 > Part 2
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MANOR OF LIVINGSTON. 623
tenances whatsoever to the said Tract or Parcell of Land belonging or in any wise Appertaining to have and to hold the said Tract of Land and Premissesse together with all and Singular the Appurtenances aforemenconed unto the said Robert Livingston his Heires and Assignes to the Proper use and benehooffe of the said Robert Livingston his Heires and Assignes for ever to be holden of his said Majestye in free and Common Soccage According to the Tenure of East Greenwich in the County of Kent in his Majestyes Kingdome of England Rendering and Paying as a Quitt Rent for the Same Twenty Shillings Currant Mony of the Province Yearely and every Yeare at Albany upon the five and twentieth Day of March unto his Majesty his Heires and Successors or unto such Officer or Officers as should be Appointed to Receive the same as by the said Pattent Recorded in Secretaryes Office Relation being thereunto had may more fully and att Large Appear And whereas the said Robert Livingston by Virtue of another Pattent under my Hand and Sealed with the Seale of the Province beareing Date the Seven and Twentieth Day of August Last Past is Seized and Possessed of another Tract of Land called Tachkanick Lyeing and being adjacent unto the aforrecited Tract of Land begining behind Pattkock on a Certaine Creeke that Runns into the East side of Hudsons River and is known by the name of Roeloffe Johnsons kill Begining on the North West side of the said kill that Runns along the fllatt or Plaine Land at a Place Called by the Native Minissichtanock where two black Oako Trees are marked with L and from thence along a Small Hill to & Valley that Leads to a small Creeke Called by the Indians Quissicheook and over the said Creek to a high Place to the Westward of a High Mountaine where two black Oake Trees are marked L and is Called by the Natives Kachkawanick from thence Westward to a Small Kill on the side of a Creeke Called Skaanpook where two White Oake Trees are marked L, and soe runns a Long the Eastside of the said Creeke which a little lower is Called by the Name of Twastawekab and is the Westerly Bounds the Southerly Bounds begining on the other side of the Creeke that runnes along the fllatt or Pleine over against Minissichtanock where two Trees are marked and
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runnes along the foot of the High Mountains to the Path that Goes to Wawijehtanok to a hill Called by the Indians Mananosick where two Trees are marked L on the South west side of the Path from thence Westward to a Creeke Called by the natives Nachawawachkano where two white Oake Trecs are marked L which Creeke Comes into the other Creeke called Twastawekak which is the West Bounds and soe Incloses all the Land above recited the Place where the two Creeks meet being Called Mawichnanek the fflatt or Plaine Land Lying on both sides of the said Creeke Containing abont three hundred Morgan or Six hundred acres together with all and Singular the Trees Timber Woods Underwoods Swamps Moores Marshes Meadows Rivoletts Streames Creeks Waters Lakes Pooles Ponds fishing Hawking Hunting and fowling and whatever Else to the said Tract of Land within the Bounds and Limitts aforesaid belonging or in any wise Appertaining to have and to hold the said Tract and Parcell of Land and all and Singular the Premisses and every Parte and Parcell thereof unto the said Robert Livingston his Heires and Assignes unto the Sole and only Proper use beniffitt and behooffe of him the said Robert Livingston his Hcires and Assignes for ever to be holden of his said Majesty his Heires and Snecessors in free and Comon Soccage According to the Tenure of East Greenwich in the County of Kent in his Majestyes Kingdome of England Yielding Rendering and Paying therefore yearely and Every yeare unto our Soveraigne Lord the Kings Majestye his Heires and Assignes or unto such officer or officers as shall by him be Appointed to receive the same Eight shillings Currant Money of the Province on the five and Twentyeth Day of March at Albany as by the said Pattent Recorded in the Secretarys Office Relation thereunto had may more fully and at Large appeare all which Tracts or Parcells of Land Lyeing together are Bounded and Limitted in manner hereafter Expressed and menconed that is to say on the North by a Line to be Drawne from a Certaine Creek or kill over against the South side of Vastrix Island in Hudsons River Called Wachankasigh to a Place Called by the Natives Wawanagnassick where the Heapes of Stones Lye being neer the head of a Certaine kill or Creek called Navapenahekan which comes ont of a Marsh Lyeing
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MANOR OF LIVINGSTON. 625
neare unto the said kills of the said Hcapes of Stones upon which the Indians throw upon another as they Passe by from an Ancient Custom amongst them and from thence extending to the Norther- most End of the kills that are to the North of Tacahkanick known by the name of Ahashewaghkick and on the East from Ahashe- waghkiek aforesaid along the said Hills to the Southermost End of the same Called Wichqnapakkat and from thence by a Sireight Line to the South East End of a Small Peece of Land Called Sakah- gna and Nakaovaewich and on the South by a Streight Line Drawne from thence to the Southermost Bounds or Boweht of Roeloffe Johnsons kill and from thence by a Straight Line to a Place on the River side Called Sanskahampka which Lyes over against the Sawyers Creek and on the West by Hudsons River Inelnding all the Land on both sides of Roeloffe Johnsens Creek or kill And whereas the said Robert Livingston hath been at Vast Charges and Expence in Purchaseing the said Tracts and Parcells of Land from the native Indians and alsoe in Settling and Improveing the same and for Encourageing the future Settlement the stid Robert Livingston hath made Applicacon unto me that I might Constitute and Erect the said Traets or Parcells of Land within the Bounds and Limitts aforesaid to be a Lordshipp and Mannor and Confirme the same unto him his Heires and Assignes by Pattent under the Seale of the Province Know Yee therefore that I the said Thomas Dongan for the Consideracons aforesaid by Virtue of the Authority io mee Derived from his most Sacred Majesty and the Power in me Resideing have Given Granted Rattified Released and Confirmed and by these Presents Doe Give Grant Rattiffe Release and Confirme unto the said Robert Livingston his Heires and Assignes all that and those Tract and Tracts Parcell and Parcells of Land Lyeing and being Scituate within the Limitts and Bounds aboverecited together with all the Messages Tenements Buildings fences Orchards Gardens Pastures Meadows Marshes Woods Underwoods Trees Timber Quarryes Rivers Runns Rivoletts Brooks Ponds Lakes Streames Creeks Harbours Beaches ffishing Hawking Hunting and fowling Mines Minerals (Silver and Gold Mines only excepted) and all the Rights Members Libertyes Priviledges Jurisdictions Royalties Heriditaments Proffitis Advantages and Appurtenances what- VOL. II. 40
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soever to the Tracts or Parcells of Land belonging or in any wise Appertaineing or Accepted Reputed Taken knowne or Occupyed as Parte Parcell or Member thereof together with fishing in Hudsons River so farr as the said Land Extends on the said River and Moreover by Virtue of the Power and Authority to me the said Thomas Dongan Given and the Power in mee Resideing as aforesaid and for the Reasons and Consideracons aboverecited I have and by these Presents Doe Erect make and Constitute the said Tracts and Tracts of Land as in the Limitts and Bounds aforemenconed together with all and every the above Granted Premissesse with Every of their Appurte- nances into one Lordshipp or Mannor to all Intents and Purposes and the same shall from henceforth be Called the Lordshipp and Mannor of Livingston and I the said Thomas Dongan have also Given and Granted and by these Presents Doe Give and Grant unto the said Robert Livingston and to the Heires and assignes of the said Robert Livingston full Power and anthority at all times for ever hereafter in the said Lordship and Mannor one Court Leet and one Court Baron to hold and keep at such time and times and Soe often Yearely as he or they shall see meet and all fines Issues Amerciaments at the said Court Lect and Court Barron to be holden within the said Lordshipp and Mannor to be Sett forfeited or Imposed and Payable or happen- ing at any time to be Payable by any the Inhabitants of or within the said Lordshipp or Mannor of Livingston or the Limitts or Bounds thereof and also all and every the Powers and authorityes herein before menconed for the holding and keeping the said Court Leett Courtt Baron from time to time and to award and Issue ont the Customary Writts to be Issued and awarded ont of the said Court Leett and Cont Baron to be kept by the said Robert Livingston his Heires and assignes for ever or theire or any of theire Stewards Deputed and appointed with full and ample Power and authority to Destraine for the Rents Services and other Sumes of Mony Payable by Reason of the Premisses and all other Lawfull Remedyes and meanes for the haveing Possessing Receiveing Levying and Enjoyeing the Premissesse and every parte and Parcell of the same and all Wasts Estrayes Wrecks Deodands Goods of felons happening and being forfeited
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MANOR OF LIVINGSTON.
within the said Lordshipp and Mannoi and all and every sume and Sums of Money to bee Paid as a Post fine upon or fines to be Levyed of any Lands Tenements or Hereditaments within the , said Lordshipp or Mannor of Livingston together with the advouson and Right of Patronage and all and every the Church and Churches Erected or Established or hereafter to be had Erected or Established in the said mannor And Lastly I the said Thomas Dongan by Virtue of the Power and authority aforesaid Doe Give and Grant unto the said Robert Livingston his Heires and Assignes that all and Singular the Tennants of him the said Robert Livingston within the said Mannor shall and may at all times hereafter meett together and Choose assessors within the said Mannor according to such Rules, wayes and methods as are Priscribed for Cittyes Countyes and Townes within the Province by the acts of Generall Assembly for the Defrayeing the Publique Charges of Each Respective Citty Towne and County and all such Sumes of Mony Soe raised to Colect and Dispose of for the use aforesaid according as in the said Act of Generall assembly is Established and Directed To have and to hold all and Singular the said Mannor of Livingston and Premisses with theire and every of theire Appurtenances unto the said Robert Livingston his Heires and assignes forever to the only Proper use and behooffe of him the said Robert Livingston his Heires and assignes for ever to bee holden of his said Majesty his Heires Successors and assignes in free a Comon Soccage according to the Tenure of East Greenwich in the County of Kent in the Kingdome of England aforesaid Yeilding and Paying therefore unto his said Majesty his Heires Successors and assignes or to such officer or officers as shall from time to time be appointed to Receive the same on the five and twentyth Day of March Yearely forever at Albany the full and Just Sume of Eight and twenty Shillings Currant Mony of this Country In Witnesse whereof I have hereunto Sett my Hand and Caused the Seale of the said Province to be affixed at Fortt James in New Yorke this 22d Day of July Anno Dom .one thousand Six hundred and Eighty Six and in the Second Yeare of his Majestye Reigne over England &c-
THOMAS DONCAN.
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May it Please Your Honor
The Atturney Generall hath Perused this Patent and finds nothing Contained therein Prejudiciall to his Majestyes Interest
JA: GRAHAMI. ,
Examd July 8th 1686.
FRAGMENT OF AN INDIAN DEED
OF YE REMNANT OF TAGHHANICK, QUISICIKOOK AND WOODLAND, DATED 17 FEB. 1687-8.
[From Livingston Mgs.]
All our Right Title & Intrest unto Robt Livingston & to his heirs and assigns for ever in a certain tract or Parcel of Land Lyeing within the sd Rt Livingstones land called Tachhanick, wh ye said owners had Reserved for themself's to Plant upon when they sold bim tachhanick, with the Land called Quisich kook lyeing upon this side of Roelof Jansens kill near Tachhanik haveing the said Kill on the one side and the hill on ye other side together with all our Right and Title northward and Eastward as far as the west & hithermost end of the Lake called Achkoockpeek, and from thence downe Southerly on both Sides of the Said Roeloff Johnson's Kill till you come to a filatt called - together with all our Rights title & Intrest in all ye Woods Lands, Pastures, Meadows.
... Every effort has been made to find the Record of the Deeds of which the above and the following purport to be abstracts, but without success. En.
LIMITTS AND BOUNDS OF THE LANDS BRIGHT OF MY LADY AND MANDAGHS.
A certain Pecce of Land Scituate Lyeing & being on Roeloff Jansens Kill a Litle above the farm belonging to said Robt Livingston where Johannis Dyckman now lives with all the Right and title that wee the said Lady and Manhagh have or hereafter might clame to as farr as the said Robt Livingston's Patent for the said Roeloff Jansens Kill Extends all which wee doe hereby convoy and Transport &c.
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MANOR OF LIVINGSTON.
EARL BELLOMONT TO THE BOARD OF TRADE.
[Lond. Doc. XIV.]
2d Jany 1701/2. Mr. Livingston has on his great grant of 16 miles long and 24 broad, but -4 or 5 cottages as I am told, men that live in vassalage under him and work for him and are too peor to be farmers having not wherewithall to buy cattle to stock a farm.
LT. GOV NANFAN'S REASONS
FOR SUSPENDING ROB' LIVINGSTON ESQ' FROM BEING OF HIS MAJ18 COUNCIL OF THIS PROVINCE OF NEW YORK.
Ist 'The Letter from the Right Honte the Lords of the Council of Trade &e to the Late Earl of Bellomont bearing date the 30th Octob 1700 wherein they take notice how farr he the said Robt Leningston was accused of being concerned with Capt Kidd the pyrate, and desier to know what proof's he had given of his innocence whereby he should be continued in his Offices and imployments, as by said letter may appear A duplicate of which I received after his Lordsps death, but nener received any proofs of the said Leuingstons innocence.
dly That the Late Earl of Bellmont being made sensible that the said Robert Leuingston was guilty of great frauds in Management of the Excise of Albany &c, -- did about January 1701 remoue him from being Collector of the said Excise, and did declare that he would remone him from being of the Council at the meeting of the Assembly, but his Lordsps much Lamented death preuented it.
3dly That an Act of Assembly of this province appointed Conf missioners of publick Accts to adjust with all persons concern'd in the receipt and payments of the public renenue, but the sai { Rob' Leningston in contempt of the said Act, neuer gane any obedience thereto, altho duely and timely summon'd to that end and purpose, nor would ener render any accus to them of the public money he had received, duering the space of about twelve months ginen him to prepare the same.
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4thly That thereupon the gen" Assembly being well apprised that the said Rob' Leuingston had comitted great frauds in relation to his Majeste reuenue, made an Act of gen" Assembly, con- fiscating his real and personal Estate, unless he should giue in A full Acctt in writeing unto the Commissioners of Acctts or any three or more of them, of all his receipts and disbursements and the Grounds and Occations of the same before the 25th day of March Last which he hath refused or neglected to doe.
5thly That altho he the said Rob' Leuingston was required by me to come to New York, yett instead thereof he without leane withdrew himself out of the prouince, and deserted his majts seruice as one of his Majts Council of this prouince.
6thly That I was informed by his Majts Collector that be the said Robt Leuingston, had received seueral summs of money of his inajesties Excise, and Quitrents, of this Province, withont any Authority, and of which he had giuen no Acett to the said Collector-
For the aboue reasons for his Majesties seruice by and with the aduice and Consent of his Majts Council I suspend him the said Robert Leuingston from being one of his Majts Council of this prouince until his Majs pleasure be further known therein and he is suspended accordingly
JOHN NANFAN.
27 April 1702
R. LIVINGSTON'S REMONSTRANCE AGAINST ABOLISHING HIS OFFICE AS SECY OF INDIAN AFFAIRS.
To his Excellency JOHN Lord LOVELACE Baron of Hurley Capt Gent and Govr in Cheiff of ye Provinces of New Yorke East and West Jersays &c
The humble Peticon of Robt Livingston Secry for ye Indian Affairs in ye Province of New York.
SHEWETH
That he has been Employed as Secretary for ye Indian Affairs
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MINOR OF LIVINGSTON.
in all Treaties and other negotiations with ye Indians for ye space of 20 years before ye year 1695, without any yearly salary or allowance for ye same, as appears by a Report made to his late maty king William (of glorious memory) by the right honble ye Lords of ye Committee for Trade and Plantations dated ye 1041 Octbr 1695, upon which his majesty was graciously pleased to order your Petition' his Royall Commission date ye 27 January 169; ye said office, and as a Recompence of his past services, and for his future Encouragement in the Performance of said Employment to grant him an annuall salary or fee of one hundred Pounds Sterl: ont of ye Revenue of New York wea said office he hath faithfully Performed ever since, altho he was suspended by ye late Govr Coll Fletcher without any just Cause, as appears by a Report made to her Majty by ye Right hon ble ye Lords Commission's of Trade and Plantations dated ye 10 of January 170! and her Majes order in Council of ye 11th of said month taking off' said suspension, and Entituling him to his Salary ordering thereby the Govr or Commander in Chiefe of ye Province of New York for the time being to give ye necessary Directions for Restoreing and Readmitting of your Petitioner without further delay, and moreover it was her Majes Royall will and Pleasure by warrant dated ye 30 of April 1705 to ye Right Honble ye E: of Ranelagh to direct and appoint ye Pay ment of 2070' St. by issuing debentures for ye same in further part of ye Surplus remaining undisposed of the Thirty pr cent accrued upon the Paying ye arrears due to ye Forces of New York, by the difference of money there from sterling, in full discharge of his said salary, to ye Demise of ye late king William of blessed memory and her Majes was likewise pleased to grant the Petr her Royall Commission bearing date ye 29th of Septemb 1705 for ye same office with ye like salary of one hundred Pounds Sterl: pr annum, out of her Majes Revenue of N: York, and thereafter upon his Petition to her Majes to have ye Payment. of his said salary from ye Demise of ye late king to ye date of ye så Commission amounting to ye sum of 2355:15:07 St. her Maj" was graciously pleas'd to Referr ye same to ye Right honble y. Lord Godolphin Ld high Treasurer of England who was pleased to refer ye same to We Blathwait Esqr who did report thereon
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that your Petr ever since her Majes happy accession to ye Throne, having by himself or Deputies Executed ye sd office in New York, by Virtue of her Maj & Proclamation and Royall Com- mission (which likewise appeared by diverse affidavits produced to him) he had nothing to object against y" Petrs being satisfyed ye sd sum out of ye remainder of ye surplus.
The Petr further Sheweth unto yr Excellency that upon his arrivall to New York, he Produc'd to his Excell'y the Viscount Cornbury Govr in Cheiff of New York, her Majes said Royal! Commission which was orderd by an order of Councill of ye 11 of Octobr 1706 to be laid in ye hands of ye Secretary, and that he inspect ye Commission which his late Maje King William granted time for ye aforosaid offices, and lay ye same or ye Entry therat th > yo Govr & Conneill together with je order or Proceedings thereon in Councill, which ye Secretary did accord- ingly on y& 6 of September 1708 whereupon his Excelly and Councill were pleased to order ye st Commission to be Recorded at Large in ya Councill Book, as by ye sd order of Councill appears, upon which ye Petr did apply on ye 9th of se month for warrants for the arrears of his said Salary, whereupon je sd Governr and Councill were pleased to Enter in their Councill Book on ye 15 of Septemb 1708, That ye Petr Request for Salary warrants being read, it is ye opinion of his Excellency & all ye Councill (Except Coll: Schuyler who gave to opinion therein) that yo Petition be disallowed, and that it be humbly Represented to her Maje that ye Pet's office is not only useless but burthensome to ye Revenue of ye Province of New York, notwithstanding all which your Pet has continued to Exert bis utmost Dilligence in ye Discharge of yt Trust her Maje was graciously Pleased to honour him with by ye gd Commission and has not Reed any part of his said Salary from ye Demise of ye late King.
Your Excelles humble Petr begs leave humbly to acquaint yr Excell: that to your Peps great losse and discouragement, ye Revenue of this Province (the Fund upon which yr Petra Salary is Established) is not only wholly anticipated, but Expires by its own limitation on ye 18th of May 1709, & no manner of Provision as yet made for ye Civill list of this Province after yt time.
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MANOR, OF LIVINGSTON.
May it Please your Excellency Your Excell:ys Petr humbly implores your Excelys favor in inquiring into the truth of his Allegations, ye reasons and causes of ye late order of ye Lord Cornbuary and Conneill of ye 15 of Septemb 1708, for represent- ing to her Maje ve said office not only wholly uselesse, but burthensome to ye Revenue of this Province, That yr Lordship. will be pleased in regard of ye great anticipation of yo Revenue of New York te recommend him to her Majes Royall favour for yo Payment of his past Salary, and make such just and true Report or Representation to her Majesty concerning ye said office, and its usefulnesse or ye Contrary as shall appear to y' Excell: upon an Exact Scrutiny and search and yt yr Excell: will be pleased to Signify to yr Petr your Pleasure if in ye mean . time he shall Persist in ye Executing of his said office as formerly hitherto, all wrh neverthelesse is humbly submitted, and yr Petr as in duty &ª-
N: York 20 Jan' 170;
HORT LIVINGSTON.
Estract of a Report of the Lords of the Committee for Trade and Plantations relating to Mr. Robert Livingstons Petition, dated ye 10th of October 1695.
That by the Accompts of ye Publick Proceedings, transmitted from time to time from New-York, the Petitioner appears to ye Committee to have been generally Employed in all Treaties, and other negotiations with the Indians in those Parts, for which it does not appear by the accompt of the Revenue of that Province That any yearly Salary has been allowed to him, and ys Petitioner Ling Produced a Certificate from Coll: Dongan of ye great hindrance such Employment must. reasonably be to the Petitioners Private affairs. And the Pet' humbly praying a Salary or yearly allowance during his life, for his future encouragement in this Service, which he hopes may deserve one hundred Pounds pr annum from his maje, Bounty, the same is submitted by Lords of ye Committee to a Determination in Councill, as also whether the Petr shall be Confirmed in his offices of y" Collector of Excise, and Quit Rents, Town Clerk, Clerk of the Peace, and Clerk of ye Court of Common Pleas at Albany, during his life, as is desired by je Petitioner.
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MAY IT PLEASE YOUR MAJESTY
In obedience to your Majes Command in the annext order of Council, relating to Robt Livingston of New York, we have considered the matters thereby referred to us and doe most humbly report to your Majes
That in Consideration of ye Long and faithfull Service of ye said Mr. Livingston in all the Treaties and negotiations with ye Indians in those Parts, he having been (as is Certifyed) at great trouble and Charge therein, and not having hitherto had any Salary for ye same, wee think he may deserve as a Reward for ye time past, and to encourage him in your Majes Service for ye time to come, a Salary of one hundred Pounds Sterling pr annum to be setled upon him out of ye Revenues of New-York during his life, to Commence as your Majestie shall think fitt, and we have no Objection against his being Continued in the offices of Collector of ye Excise and Quitt Rents, Town Clerk, Clerk of ye Peace, and Clerk of ye Court of Common Pleas at Albany, with ye usuall Salarys during ye life as is desired; Whitehall Treasury Chambers 2 January 1695-6.
All which is most humbly Submitted
to your Majes great wisdom
GODOLPHIN
A true copy
Exd: Jo: Taylour
HE: FOX J: SMITH.
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