The documentary history of the state of New York, Vol. III pt 2, Part 4

Author: O'Callaghan, E. B. (Edmund Bailey), 1797-1880 ed. cn; New York (State). Secretary's Office
Publication date: 1850
Publisher: Albany, N.Y. : Weed, Parsons & Co.
Number of Pages: 1242


USA > New York > The documentary history of the state of New York, Vol. III pt 2 > Part 4


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647


MANOR OF LIVINGSTON.


shall be thereof vested in the said Robert Hunter his heirs and Assigns for the use benefit and behoof of her said Majesty her heirs Successors and Assigns according to the Intent and true meaning of these Presents AND that the said Robert Livingston now hath good right Lawfull and absolute Power and Authority in himself to Bargain Sell Grant Alien and Convey all and Singular the said Traet of Land and Premises hereby granted or mentioned to be granted as aforesaid and Every Part and Parcell thereof with the appurtenances unto the said Robert Hunter his heirs and assigns for the use of her said Majesty her heirs Successors and assigns in manner and form aforesaid And that her said Majesty her heirs Successors and Assigns shall or Lawfully may from time To time and at all and Every time and times hereafter for ever freely Quietly Peaceably have hold Occupy Possess and Enjoy all and Singular the said Tract of Land and Premises hereby granted or mentioned to be granted and Every Part and Parcell thereof with all and Singular their and Every of their Appurtenances and all and every the Rents Revenues Issues Proffitis and Commoditys thereof and of every Part and Parcell thereof coming arising and growing have and take without any manner of Lett Suite Trouble Vexation Evic- tion Disturbance or other handrance or molestation whatsoever of the said Robert Livingston his heirs and assigns or of any other Person or Persons whatsoever Excepting what is before Except- ed or Reserved And also that the said Tract of Land and all and Singular other the Premises hereby granted or mentioned or Intended to be granted as aforesaid and every Part and Parcel! thereof with all and Singular their and every of their Appurte- nances now are and from henceforth for ever hereafter shall remain Continue and be unto the use of her said Majesty her heirs Successors and Assigns Clear and firee and freely Clearly and absolutely acquitted freed Exonerated and Discharged of and from all manner of former and other Bargains Sales Gifts Grants ffeofments Devices uses Jointures Dowers Entails Estates Leases Rights Titles rents growing arrearages of rents Issues ilines Post fines amcircaments Debts Dutys Judgments Execu- tions Recognizances Statutes merchant and of the Staple and all Debts of Record Extents Liberatas Seizures Sequestrations


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648


PAPERS RELATING TO THE


Decrocs Charges Titles Troubles fforfeitures and Incumbrances whatsoever had made Committed done acknowledged or suffered or caused to be had made Comitted done acknowledged Suffered by the said Robert Livingston or any other Person whatsoever and that he the said Robert Livingston and Allida his wife and the Heirs and Assignes of the said Robert Livingston and all and every other Person and Persons whatsoever having or Lawfully Claiming or which shall or may at any time or times havo or Lawfully Claim any Estate right Title or Interest of in or to the premises hereby granted or men tioned to be granted or of in or to any Part or Parcell thereof by from or under the said Robert Livingston shall and will from time to time and at all and every time and times hereafter within the Space of Seven yeares next Ensuing the date of this present Indenture when thereunto Required at the Proper Costs and Charges in Law of the said Robert Hunter or of her said Majesty her heirs Successors or Assignes or some of them do make Levy Execute acknowledge and Suffer and Cause to be done made Levyed Executed acknowledged and Suffered all and every such ffurther and Reasonable Act and Acts thing and things Devise and Devises Assurance and Assur- ances Conveyance and Conveyances in the Law whatsoever for the further better and more Perfect Assurance Surety Suremaking Conveying Settleing Establishing or Conammation of the said Traet of Land and Premisses hereby granted or mentioned to be granted and of every or any Part and Parcell thereof unto the said Robert Hunter his heirs and Assignes to the use of her said Majesty her Hoirs Successors and Assignes as by the Councill Learned In the Law of the sald Robert Hunter his heires or Assignes or of her said Majesty her Heirs Successors or Assignes shall be reasonably devised advised or Required so as for the making acknowledging and Executing of such ffurther Con voyances and Assurances or any of them the Persons that shall be required to Execute the same be not Compelled nor Com- pellable to Travell for the doing thereof above the Space of Twenty miles from his her or their Place of Habitation or abode at the time of such Request to be made as aforesaid AND THIS INDENTURE further Witnessoth that the said Robert Livingston


MAMOR OF LIVINGSTON. 6-19


and Allida his wife for the Consideration hereinbefore mentioned Have given and Granted and by these presents do give and Grant unto the said Robert Hunter his heirs and Assignes For Ever to the use of her said Majesty Ler heirs Successors and Assignes Proprietors and Possessors of the said Tract or Parcell of Laud or any Part or Parcell thereof their Tenants or undertenants of the same free Liberty of Entring into and upon the said mannor or reputed mannor of Livingston Except within three English miles of the Place where the Saw mills of the said Robert Livingston now Stands and to ffeil Cut down and Convert to their own use or uses all Pine Trees now or hereafter growing on the said Mannor Except such as at the Time of Cutting thereof shall be ffitt for the Saw-mills for the making of Boards Planks or Slitwork as they are now usually made and now are or shall be growing within Six English miles of the Saw mills of the said Robert Livingston his Heires and Assignes which now are or hereafter shall be Erected as aforesaid and the same to take and Carry away " burn at or near the Place or Places where the said Trees were Cut down and there to make Pitch or Tarr of the same with Liberty of makeing and useing kills for that Purpose and said Pitch and Tarr so made to take and Carry away & Convert 'o their own uses And this Indenture further Witness wh that the said Robert Livingston and Allida L. s wife for the Consideration hereinbeforementioned Have given and granted and by theso presents do give and grant unto the said Robert Hunter his Heirs and Assignes for the use benefit and behoof of her said Majesty her Heires Successors and Assigne Owners and Possessors of the said Tract of Land or any Part thereof full and ffree Liberty of Setting or Laying out off making keeping repairing and maintaining One Common Road or high- way Bridge or Bridges from the said Tract of Land unto the now manner house of the said Robert Livingston with free Ingress Egress and regress in by and thro' the same with Horses Carts and Carriages at all and every time and Season of the Year And Lastly the said Robert Livingston for himself his heirs Executors Administrators and Assignes doth Covenant Promise and Grant to and with the said Robert Hunter his heirs and Assignes for the use benefit & behoof of ber said Majesty her heirs Successors


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650


PAPERS RELATING TO THE


and Assignes That her said Majesty her heirs Successors and Assignes Owners and Possessors of the said Tract of Land and of every Part thereof their Tenants and under Tenants shall or Lawfully may from time to time and at all and every time and times hereafter for Ever Quietly and Peaceably have and Enjoy fFull and ffree Liberty Entring into and upon the said mannor or Reputed Mannor of Livingston (Except within three English miles of the place where the Sawmills of the said Robert Livingston now Stands on the said River called Roeletf Jansens Kill) and to ffell Cut down and Convert to their own use and uses all Pine Trees now growing or which hereafter shall grow which shall not at the time of Cuting thereof be flit for the Saw mills for making of Boards Planks Slitworks as they are now usually made and how are or shall be growing within Six English miles of the Saw mills of the said Robert Livingston his heires and assignes which now or hereafter shall be Erected as aforesaid and the same to take and Carry away or to burn at or near the Place or Places where the said Trees were Cut down and there to make Pitch or Tarr of the same with ffree Liberty of making and using kills for that Purpose and the said Pitch and Tarr so made to take and Carry away and Convert to their own uses and Likewise shall and Lawfully may from time to time and at all and every time and times hereafter for Ever Quietly and Peaceably Have and Enjoy thill and three Liberty of Setting and Laying out and of making and keeping repairing and maintaining One Common Road or Highway Bridge or Bridges from the said Tract of Land unto the the now Mannor house of the said Robert Livingston with ffree Ingress Egress and Regress in and by and thro' the Same at all and every time and Season of the year without any manner of Lett Suite Trouble vexation Eviction Disturbance or molestation whatsoever of the said Robert Livingston his heirs and assignes or any other Person or Persons whatsoever having any thing or Lawfully Claimin .; in the said Mannor Tract of Land,or Premises or any Part or Parcell thereof by from or under the said Robert Livingston his heirs or Assigns In WITNESS whereof the Partys flirst above- named to these present Indentures have hereunto Interchangeably set their hands and Seals the day ani Year thist abovewritten


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651


MANOR OF LIVINGSTON.


Robert Livingston (L. S.) Alida Livingston (L. S.) Sealed and Delivered by the within named Robert Livingston Esqr and Allida his wife in the Presence of J. Bridges. Aug: Graham.


MEMORANDUM that this fifth day of October Anno Di. One Thousand Seven hundred and Tenn. Peaceable and Quiet Possession of the said Tract of Land and Premises in this Deed Contained was Delivered by the within named Robert Livingston to the within named Robert Hunter according to the fform Effect and Intent of this Deed in the Presence of those whose names are hereunto subscribed, Aug: Graham, I Bridges Ar: Kennedy.


MEMORANDUM that on the fifth day of October One Thousand Seven hundred and Ten appeared before me Peter Schuyler Esq' one of her Majestys Councill for the Province of New York the within named Allida the wife of the within named Robert Livingston Esqr & being Secretly and apart Examined by mne Declared her Consent to the within written Deed and that she Executed the same ffreely and voluntarily without any Com- pulsion from her said husband and further that the within name.I Robert Livingston then Likewise appeared before me and acknowledged that he Executed the within written Deed. P. SCHUYLER.


MR DU PRE TO MR VERNON.


[ Lond. Doc. XVIII. ]


N. York, 4 Oct. 1710 HONORED SIR


By the Kingsail Man of War I gave myself the honor to write, but could not then entertain you with any steps taken for settling the Palatines, since that time the Governor having found insuperable difficulties in settling of 'em down in the lands that were thought upon, more from the Seituation than otherwise, they being at a great distance from the River, the charge of making the necessary magazines had possibly surpassed the original value so that his Excellency hath been obliged to Cast his Eyes elsewhere and offers having been made to him, by


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PAFELS RELATING TO THE


one Robert Levingston who hath a great Traet of good mannring Land, on his Progress to Albany he viewed the same with the adjacent Pine Lands & upon his likeing thereof bath contracted with the said Lovingstone for 6000 acres good improveable Land with the liberty of making use of the Pines adjacent where the Palatines may find work enough for 2 or 3 score years to come Others as the Patrone (as he is called here) & Collonel Schuyler whom you have seen, have done the like, so that the experience Mr Bridges hath had of making Tar from the Trees as prepared by him, makes him confident that it cannot fail of good success; and nothing else than the want of support from home can prevent it. Two years will be required to prepare the Trees, but after. wards there will be such a succession of them as will enable the sending Tar & Pitch enough not only for supplying the Royal but even the whole Navy of England, & will give such a life to ye Trade of this country, as may very muca contribute to encourage the wollen manufactory at home & discourage of it in the Plantations, by making the returns from this so far exceed the import, that it will make this Port the Emporium of the Continent in America. I think it Sir needless to sollicit your countenance in this intended design, the benefit of Great Britain is so visible therein, that there need no more than hiut it to make yon espouse it & become Sollicitor and promoter of it, with tho ministry & in Parliament if need be for appointing a fund for setting of it briskly a going.


The Palatines begun last week to embarck for the Places where they are to be settled, the rest of the time after they have prepared the Trees for making Pitch & Tar they shall employ In raising those things that will be fitting for their future comfortable subsistance


Sir, I beg again leave to trouble you about my small concerns, the which having already laid before you I shall not enlarge on, only pray your assistance in procuring an order to his Excellency for repaying me the expences I have been at on the Coast of England and for allowing my salaries from Christmas last. His Excellency hath honoured me with the Post of Commissary of the Stores with an allowance of .€ yearly which obliges me to great expence ; and provisions or necessaries of life are


653


MANOR OF LIVINGSTON.


as dear here as at London & cloathing twice the Price. I recommend myself to your favor and with my prayers for the welfare of your illustrious family shall conclude with subscribing myself with profound respect


Honoured Sir Your most obedient & most faithfully devoted servant


N. York 4. Oct 1710.


JAS. DU PRE


" .. For Gov. Hunter's letter relative to the purchase of Germantown scc au!e p. 500.


CONTRACT WITH R. LIVINGSTON TO VICTUAL THE PALATINES; ANNO 1710.


THIS INDENTURE made this thirteenth day of November In the ninth year of the Reigne of our Soveraigne Lady ANNE by the Grace of God Queen of Great Brittain ffrance & Ireland Defender of the ffaith ete. BETWEEN his Excelly Rob' Hunter Esqr Capt Genl & Govr in Cheiff of the Provinces of N: York New Jerseys & dependences therennto belonging & Vice Admirall of the same ete of the one part & Rob' Livingston of N: York Gent of the other part WITNESSETH That his st Excell. Rob: Hunter & Rob' Livingston aforest have come to a mutuall Agreemt about the supplying of the Palatines settled in three severall Town- ships upon that land purchased for the use of the QUEEN her successors & assigns for ever in the Manor of Livingston on the East side of Hudsons River & two other Towns on the west side of sd River on the Queens land opposite thereunto with Bread and Beer for & during the Term of six months next ensuing in maner & form & upon the Terms and condicons hereafter menconed & exprest That is to say The sd Robt Livingston for himself his Execra & admrs & every of them doth Covenant grant and agree to & with his sd Excell. his Execrs & adm & that he the s" Robt Livington his Exeers & Admra for & in Consideracon of the Covenants clauses, articles & paym's hereafter menconed &


654


PAPERS RELATING TO THE


Exprest on the part & behalf of his sd Excell. his Excers & Admis to be paid performed fulfilled & kept will well and faithfully furnish & supply or cause & procure to be well & faithfully furnished & supplyd at the Manor house of the sd Manor such numbers of Palatines as he shall have in Charge to supply the Quantity of Bread & Beer following (that is to say) for each Person of them each day the Quantity of Bread Equall to one third of a Loaf of bread of such sort & assize which is comonly at the prise of four pence half penny in the Citty of New York in weight and fineness according to the assize of Bread in sd City for the time being & one Quart of Beer such as is usually called ships Beer of the Prise of three Pounds for each Tun All which is to be delivered to the Comissary or Comissarys of the sd Palatines for the time being at the sd Manor house, he or they the sd Comissary or Comissarys Granting Certificates unto the sd Rob: Livingston his Exeers or Admrs of such Delivery In Writing under their hands for the Rule & measure of his paymy In Consideracon whereof his sd Exeelley for himself his Execr & adm's doth Covenant Grant & agree to pay & satisfie or cause to be paid & satisfied unto the sd Rob' Livingston his Execrs & admrs for the same Bread & Beer so supplyd furnished & delivered as aforesd after the rate aforesd during the same Terme in the manner following that is to say, The sd Robt Livingston his Exeers & Adm's shall at or before the Expiracon & end of every two months during the sd Terme be fully paid contented & satisfyd by his sd Excell: his Excers & Admrs one Moiety or half part in Current Silver mony of the Province of N: York & one other Moiety or half part in such merchantible Goods Wares & Merchandizes as the sd Robt Livingston his Exeers or Admrs shall nominate & require five sixths thereof to be of the Growth & Produce of Europe & one sixth of the Growth of the West Indies at the Curant mercat prise in N. York for the time being & not otherwise, And in regard the Season of the year is so farr spent his su Excell: doth further Covenant Grant & agree to advance unto the sd Rob' Livingston his Exers & Adm's flower for the use of the sd Palatines for the space & Terme of Three Months at the currant mercat prise at the time of having thereof which will amount to in all aix .... ..


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655


MANOR OF LIVINGSTON.


quantity of twenty five Tunns to be delivered unto him or them at the sd Manor house & the sum of four hundred Pounds in Silver Mony for which the sd Robt Livingston is to be accounta- ble to his sd Excell: And the sd Bobt Livingston for himself his Execr & Adm's doth Covenant Grant & Agree at his & their proper Charge to furnish & supply to the sd Palatines three hundred new Beer Barrells for the holding of their Allowance in Beer & no more; And his sd Excell: for himself his Excers Adm's doth Covenant grant and agree That the sd Palatines shall receive their allowance in Beer at the sd Brewhouse by the sd Manor house & when the Cask supplyd by Robt Livingston his Exeers & Admis are emptyed to cleanse & Return their cask to the sa Robe Livingston his Excels or Admis at the s4 Brewhouse or the sd Robt Livingston his Excers & Admrs shall be paid for what shall be stav'd or Lost after the rate of three shill: p Barrele And that the sd three hundred cask shall be kept tight & in repaire by the Palatines at their own Charge


IN WITNESS whereof the parties above menconed have inter- changeably sett their hands & seals the day & year first above mencond Ro: HUNTER. (Seal)


.,' A Memorandum is added to the above agreement providing for the alteration of the assize of bread incident on any change in N : York.


GOV. HUNTER TO THE BOARD OF TRADE.


[Lond Doc XVIII.]


Nov. 14. 1710.


I have now settled the Palatines upon good lands on both' sides of Hudson's River, about one hundred miles up, adjacent to the Pines ; I have planted them in 5 Villages, three on the East Side of the River upon 6000 Acres I have purchased of Mr Levingston about two miles from Row-Lof Jansens Kill: The other two on the West side near Sawyers Creek, as your Lord- ships will observe by the Inclosed Sketch Nº 10. compared with your Mapps. The lands on the West side belong to the Queen.


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PAPERS RELATING TO THE


each family bath a sufficient Lot of good arrable Land, and Ships of 15 foot draught of water can sail up as far as their Plantations. They have already built themselves confortable huts and are now imployed in clearing of the ground. In the spring I shall set them to work preparing the Trees according to Mr Bridger's directiony.


LORD CLARENDON TO LORD DARTMOUTHI.


[Lond Doc X VIII.]


8th March 1710-11


I think it is unhappy that Colo Hunter at his first arrival in his Government fell into so ill hands, for this Levingston has been known many years in that Province for a very ill man, he formerly Victualled the forces at Albany in which he was guilty of most notorious frauds by which he greatly improv'd his Estate, he has a Mill and a Brew house upon his Land, and if he can get the Victualling of those Palatines who are so con- veniently posted for his purpose, he will make a very good addition to his Estate, and I am persuaded the hopes he has of such a Subsistence to be allow'd by Her Majesty were the Chief if not the only Inducements that prevailed with him to propose to Colo Hunter to settle them upon his Land, which is not the best Place for Pine Trees, the Borders of Hudson's River above Albany, and the Mohacks River Schenectady are well known to be the best places for Pines of all sorts both for numbers and largeness of Trees.


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The Bills drawn by Colo Hunter for one quarters Subsistence for 1761 adults at 6d and 415 Persons under age at 4d a day in all making 2209 Persons, and amounting to £1700.17.11. seems to be computed according to the numbers that landed at New York in June 1710 which with submission I think ought not to be because it is certain many of them are dead.


It is most certain that no person that has his Limbs, and will work, can starve in that country, every Man or Woman above


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MANOR OF LIVINGSTON. 657


15 years of age may earn two Shillings and three pence New York money (which is Eighteen pener sterling) every day in the Year except Sundays. Handicrafts men, such as Smith, Joyners, Carpenters, Masons & Bricklayers, may earn at least Five Shillings New York money every day they will work, so that nothing can bring those people into the danger of starving but willfull Laziness.


My Lord, upon the whole matter I am of opinion that it the Subsistence proposed is allowed, the consequence will be that Levingston and some others will get Estates, the Palatines will not be the richer.


MANNOR OF LIVINGSTON.


ACCT. OF THE SUBSISTENCE OF THE PALATINES FROM THE TIME OF THEIR SEVERAL ARIVALS AT THIS PLACE TO THE 25TH MARCH 1711


Year and Montlı


Date


No of Persons | No of subsisted


days


At 6d per Diemi


1710 October


li


213


26


at tid.


138 9 -


9


111


23


63 16 6


12


118


20


59 -


32 8 -


16


50


16


20 --


25


703


7


123 - 6


27


99


5


12 7 6


Novem!


1


1481


30


1113


Decem!


1455


31


1127 12 6


1742


January


1431


31


1111 7 -


February


1435


28


1001 10 -


March


1437


25


898 2 6


1


Somma


£5703 13 6


VOL. III.


12


11


18


658


PAPERS RELATING TO THE MR CAST TO GOV. HUNTER


[ Translated. ]


March 27. 1711.


À The people contemplate present settlement for . couple of Years. They persuade themselves that Canada will be taken this campaign, and that upon the conquest of that country, to secure their settlement, they will be established on the lands destined for that purpose. In this opinion. they are confirmed by the reports of those who wintered at Albany, who say that the inhabitants up there are in consequence very appre- hensive of losing the profit they derive from the Indians and the hay they annually ent on said lands.


Some days ago, five Palatines were sitting around the fire conversing on the prospect of their settlement. They all agreed. that the selection of the Levingston lands was well planned- that their situation between New York Sopes and Albany was Very convenient ; that the proximity to the river is of great advantage and that the exemption from the fear of enemies affords peace and a home to their families. But the desire to possess a good deal of land upset and demolished, in a moment afterwards, all these conveniences The more moderate and sensible among them, to remove this. said to them-


What if, in return for all your pretended rights, the Governor will not give you any other lands than those in the rear of our villages, and be determined that we pass our whole lives here ? What can you then do ? Nothing, continued the same man, but draw down by the disgrace of the Governor, evils we do not experience here, and deprive ourselves of the good we now enjoy. For in fine (he continued) as it is our duty, and we must absolutely work for the Queen, it cannot be otherwise than that her majesty will put us in a position to earn our bread for she will not keep us always in this way.


Earn our bread, said another. We came to America to establish our families-to secure lands for our children on which they will be able to support themselves after we die, & that we cannot do here. What is to be done in that case ? Only to have patience replied the first. " Patience and Hope make fools of those who fill their hands with them."


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MANOR OF LIVINGSTON.


Whereupon the whole five burst out a-langhing and changed the Conversation.


I asked Mr. Kocherthall in what way his people behave ! He tells me all are at work and busy, but manifestly with repugnance, and merely temporarily-that the tract intended for them is, in their minds, a Land of Canaan-that they agree, it is a very ·




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