The documentary history of the state of New York, Vol. III pt 2, Part 8

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 8


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pointed to receive the same, on the five and twentyeth day of March yearly, forever, at Albany, the full and just sum of eight and twenty shillings, current money of the Country as by the said third patent also recorded in the Secretary's office of the province of New York, may more fully, and at large appear ; AND WHEREAS the said Robert Livingston, by his humble petition, presented to our trusty and well beloved Robert Hunter, Esquire, Captain Genoral and Governour in chief of our said Province, &c., hath prayed to have a patent of confirmation of the soil and grounds within the limitts and bounds of the said Manor of Livingston, and of all the priviledges, powers and authoritys granted unto him, and his heirs aud assigns forever to his and their proper use, benefitt and bchoof forever, together with the further liberty and priviledge to the freeholders inhabiting the said manor, by meeting, electing, choosing and sending one fitt person being a freeholder within the limitts and bounds of the said Manor, to be their representative, to serve in General Assembly of the province of New York, that to the power of choosing Assessors mentioned in the said last in part recited patent, be added that of choosing collectors and also for the freeholders and inhabitants of said Manor to meet, elect and choose two fitt persons to be Constables, for the keeping of the peace and other public and necessary services, to amend any of the Indian names mentioned in the said vatents where they are mispelled, and to make the limits and bounds of the said tract of land, and manor more perfect and particular by adding to the naturall boundaries, the courses and distances of the several lines comprehending with Hudson's river the whole of the said manor of Livingston, which request, Wee, being willing to grant : KNOW YEE, that of our especial grace certain knowledge and meer motion, we have given, granted, ratified, released and confirmed, and by these presents for ns, our heirs and successors, do give, grant, ratify, release and confirm unto the said Robert Livingston, his heirs and assigns forever, All that the before recited tract and tracts of land and premises within the limits and bounds aforesaid, called and known by the name of the Manor of Livingston, as it is hereafter in these presents described, that is to say Beginning on the east side of Hudson's


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697


MANOR OF LIVINGSTON.


river at a certain place called by the native Indians Wahankassek. from thence running east by south three degrees forty five minutes, southerly nine miles and one half, to a certain place called in the Indian language Mawanapquassek, where the Indians have laid several heaps of stones together by an antient custom used amongst them; then East and by south seven degrees- forty-five minutes, southerly nine miles and one half mile and thirty rods, to an heap of stones laid together on a certain hill, called by the Indians Ahashewaghkameek, by the north end of Taglikanick hills or mountains, then south two degrees, west along said hills thirteen miles and one quarter of a mile, to a place called Wichquapuchat, then cast two degrees fifty minutes, northerly three miles and one hundred and fifty-six rods, to & run of water on the east end of a certain fllatt or piece of land called by the Indians Sakackqua, then south by east, cight degrees thirty minutes, easterly one hundred and forty rods, to five Linde or Lime trees, all marked with Saint Andrews Cross, : standing together where two runs of water mect together on the south side of the said flatt, then west, southwest six degeees thirty minutes, southerly one mile and one half mile and twelve rods to a rock or great stone on the south corner of another flatt or piece of low land called by the Indians Nakaowasick, then west, north-west thirteen miles and three quarters of a mile to the southermost boucht or elbow of Roeloffe Johnson's Kill, then north west eleven degrees westerly eleven miles and three quar- ters of a mile to a dry gulley at Hudson's river, called by the Indians Saskahampka, opposite to the sawyer's creek, and from thence up Hudsons River, including all the turnings and windings thereof, to the first station or place where begun the lines aforesaid, being all English measure, together with all and singular the messuages, tenements, mills, mill dams, barns, stables, inclosures, buildings, fences, orchards, gardens, pastures, mead- ows, marshes, woods, underwoods, trees, timber, quarrys, rivers, runs, rivolets, brooks, ponds, lakes, streams, creeks, harbors, beaches, fishing, hawking, hunting, and fowling, mines, mineral, and all the rights, members, libertys, priviledges, jurisdictions, royaltys, hereditaments, profitts, advantages, and appartenances whatsoever, to the same belonging er in any ways


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appertaining or accepted reputed, taken, known or occupied as part or parcell or member thereof, together with fishing in Hudson's river so far as the said land extends on said Hudson's river, excepting always and reserving by these presents unto us, our heirs, successors and assigns forever, the quantity of six thousand acres of the soil or ground part of the said Manor formerly by Indentures of bargain and sale, bearing date the twenty-ninth day of September, in the ninth year of the reign of Queen Anne (of blessed memory) for a valuable consideration purchased from the said Robert Livingston, for the proper use of her said Majesty, her heirs and successors forever, with its hereditaments and appurtenances, as by the said Indentures, sealed with the seal of the said Robert Livingston, and duly executed, reference to the same being had may more fully and at large appear, and excepting also out of this our present grant and confirmation, all silver and gold mines : To have and to hold all and singular, the before recited tract and tracts of land, and all other the premises, with hereditaments and appurtenances excepted always as herein before is to us, our heirs, successors and assigns excepted and reserved unto the said Robert ' Livingston, his heirs and assigns forever to the sole and only proper use, benefitt and behoof of him the said Robert Living- ston, his heirs and assigns forever and of our especial grace, certain knowledge and meer motion we have likewise given granted, ratified, released, and confirmed, and by these presents do for us, our heirs and successors, give, grant, ratify, release; confirm unto the said Robert Livingston, his heirs and assigns forever, that the said tract or tracts of land and premises, are and forever hereafter shall be and remain erected, made and constituted one Lordship and Manor to all intents and purposes, and the same shall from henceforth as before, be called the Lordship and Manor of Livingston, with fill and ample power and authority to him the said Robert Livingston, his heirs and assigns from time to time, and at all times forever hereafter within the said Lordship and Manor, one Court Leet and one Court Baron, to hold and keep at such time and times and at such place and places and so often yearly as be or they shall see meet to appoint, and all fines, forfeitures, issues, and amercia.


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MANOR OF LIVINGSTON.


ments at the said Court Leet and Court Baron to be sett, forfeited, or imposed, payable or happening at any time to be payable by any of the inhabitants of or within the said Lordship and Manor and the limitts and bounds thereof, and to award and issue out of the customary writts and process commonly issued and awarded out of the Courts in England, and that it shall and may be lawful to and for the said Robert Livingston, his heirs and assigns forever hereafter by himself or themselves or by his or their deputy or deputys, steward or stewards by him and them to be thereunto deputed and appointed to hold and keep the said courts within the said Manor, and to use and exercise all and singular the powers, jurisdictions and authoritys to such Courts belonging and usually appertaining, together also with the power and authority of distraining for the rents and services due or hereafter to become due and in arrear and to use, exercise and enjoy all other lawfull ways, remedy's and means whatsoever for the having, receiving, possessing, leveying and enjoying the premises and every one of them. ALso, we have given and granted and do by these presents for us our heirs and successors, forever give and grant unto the said Robert Livingston, his heirs and assigns forever, all wafts, estrays, Deodands, wrecks, goods of felons happening and being forfetted within the said Lordship and Manor, and all and every sum and sums of money to be paid as a fine, post fine upon any fine or fines hereafter to be leveyed of any lands, tenements or heredita- ments within the said Lordship and Manor together with the advowson and right of patronage of all and every the Church and Churches erected and to be erected and built within the limitts and bounds of the said Lordship and Manor, as also that it shall and may be Law full to and for the said Robert Living- ston, his heirs and assigns to summon and call together his or their tenants and inhabitants within the said Manor, when, where, and so often as there shall be occasion or uced .t. choose Assessors and Collectors for the said Manor, and the freeholders and inhabitants thereof, which assessors and Col- lectors have and shall have like power and authority to execute their respective offices as other Assessors and Collectors in, the Citys, towns and Countys of the same province, or as directed


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by act or acts of General Assembly made or to be made for that purpose; for defraying of any public charge, and the sum and sums of money now and hereafter to be assessed, levyed, collected and paid to assesse, collect, levy and pay for and towards the use and uses, as directed by act or acts of General Assembly of this Province or Colony, and for the better preservation of the peace, good rule and order amongst the inhabitants within the limitts and bounds of the said Manor, that it shall and may be likewise lawfull to and for the inhabitants of the said Lordship and Manor once every year at such time and place as the said Robert Livingston, his heires or assigns or his or their Steward or Deputys shall limitt and appoint, to assemble and meet together and to choose two constables for the said Manor, who shall use and exercise all the powers and anthoritys of a constable during the year for which they shall be so chosen to serve in the said Manor. AND we do further give and grant unto the said Robert Livingston, his heirs assigns for ever, that from henceforth it shall and may be lawfull to and for the free- holders of the said Lordship and Manor to Assemble and meet together, and to elect, choose, and send some fit person being a freeholder and inhabitant within the said Manor, to be their representative, and to sitt and vote in General Assembly of this Colony as the Representative of the frecholders and inhabitants of the said Manor to all intents, constructions and purposes pursuant to a certain writt or writs under the seal of the Province thereof to be directed to constables of the said Lordship and Manor for the time being, or to one of them, which Election to bo made by the direction and appointment of the said Constable or Constables, with subordination to the said writt and writts in the like manner as Sheriffs of Citys and Conntys within the said Province do use to make the same, being assisted by a suitable number of the freeholders of the said Lordship and Manor in the making of a due and orderly return of then said Election by Indentures between them the said Constable or Constables and the said freeholders thereof to be made, scaled and executed in duo form; and we do further give and grant unto the said Robert Livingston his heires and assigns, that the representative for the said Lordship and Maner of Livingston, so chosen and


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MANOR OF LIVINGSTON.


returned as aforesaid shall have all the freedom and priviledge of a member of Generall Assembly, and be received, accepted, and treated as the representative of the said Lordship and Manor, in the same manner as other representatives of the said province are received, accepted and treated in the said Generall Assembly when sitting. To have and to hold all and singular the said Lordship and Manor of Livingston, with all the powers, jurisdictions, priviledges, libertyes and all other the premises aforesaid, with their and every of their appurtenances unto the said Robert Livingston, his heirs and assigns forever to the sole and only proper use, benefit and behoof of the said Robert Livingston, his heirs and assigns forever, to be holden of us, our heirs and successors forever, in free and common soccage as of our Manor of East Greenwich, in the County of Kent, within our realm of Great Britain, yielding, rendering and paying therefore yearly and every year forever unto us ont heirs and successors, or to our or their Collector and Receiver Generall for the time being, or to such officer or officers as shall be from time to time appointed by him to receive the same at our City of Albany on the feast day of the annunciation of the blessed virgin Mary, the annual Rent of twenty eight shillings lawfull money of New York, in lieu and stead of all other rents, services, dnes, duties and demands whatsoever for the said tract and tracts of land, priviledges and premisses, and every of them herein and hereby described, granted, and confirmed. AND We do hereby will and grant that these our Letters pattent be made and that they and the record of them in our Secre- tary's office of our province of New York, shall be good and effectual in the law, to all intents, constructions and purposes notwithstanding the not true and well reciting and mentioning of the premises or any part thereof, or of mispelling of any word in the naming of the limitts and bounds thereof, and of any former or other Letters patents or grants for the same or any part thereof made and granted by us or any of our Royal Ancestors to any other persons or persons body politie or corporate, or any Law or other restraint, uncertainty or imperfection whatsoever, to the contrary thereof in any ways notwithstanding. IN TESTIMONY WHEREOF, We have caused the great seal of our


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Province of New York aforesaid, to be hereunto affixed and the same to be entered of Record in the Book of Patents remaining in the Secretary's office aforesaid. WITNESS our said trusty and well beloved Robert Hunter, Esqr., Captain Generall and Governour in Chief of our province of New York, province of New Jersey, and the territorys and tracts of land depending on them in America, and Vice Admiral of the same at Fort George in New York, this first day of October, in the second year of our rign, Annoq. Domini, 1715. (L. S.)


By order of his Excellency


J. S. WILEMAN D. Secretary.


*. * Koot Livingston took his seat in the Colonial Assembly in 1716 as Repre- sentative of the Manor of Livingston, in virtue of the above Patent. A question subsequently arose, whether the freeholders on the 6000 acres sold to the Queen, could vote for the Representative of the manor. A paper before us endorsed, " State of the case of the Frecholders of the Camp," concludes with these " Observations" on the subject :-


" "Tho' the Soil & Frechold of that 6000 acres which is now called the Camp was sold by Robert Livingston, it yet remained a part of the Mannor & enjoyd all the Hereditaments and appurtenances to it belonging. This 6000 acres or the Camp is included within the bounds and limits of the Grant and Confirmation in 1715, and tho' the Grant of the Soil of those 0000 acres is excepted, they are nevertheless included and made part of the Mannor as much as any other part of it is. Consequently all the freeholders in that 6000 acres, or the Camp have a right to vote for the Representative sent by the Mannor of Levingston ic serve in General Assembly of this Colony."


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MANOR CF LIVINGSTON.


PETITION for LEAVE to ERECT a CHURCH at KINGSBERRY.


To His Excellency ROBERT HUNTER Esqr Capt General and Governour in Chief of his Majesty's Provinces of New York and New Jerseys and vice Admiral of the Same The Humble Petition of John Frederick Hager Clerk, John Cost & Godfrey De Wolven on behalf of themselves and upwards of Sixty families of the Palatins in Dutchess Coumy.


SHEW


That from the time that your Petitioners were by your Exes Singular goodness Settled on a Tract of Land, within the County aforesaid, yor Pets have in the best manner Performed and attended Divine Service as often and as decently as was possible, but with great difficulty for want of a Convenient place, to shelter yor Petrs from the Inclemency of the weather : and whereas your Pet s hold themselves in Duty bound to his most Sacred Majesty to continue on the said Tract of Land and since nothing can more effectually contribute to render that settlement both easy and Comfortable to yor Petrs as a convenient place of Publick worship.


Your Pet's humbly Pray that yor Exy will grant them your Licence for building a Church in Kingsberry of Sixty feet in lenght and forty feet wide, to Perform Divine Service according to the Liturgy and Rites of the Church of England as by Law Established : as also to grant your Petrs the Liberty to Crave the favour and Charity of well disposed People for such aid and assistance as may enable them to Erect such a Place for Divine Service in the manner aforesaid, weh will remain a Monument of yor Piety and where yor Pet's will in their joint Publick as in their Private Prayers as in Duty bound ever Pray for Yor Excellency's prosperity &c.


JOHN FRED : HASFR.


New York ye Sth October 1715.


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ROLL OF THE INDEPENDENT COMPANIE


OF THE


MANNOR OF LIVINGSTON


AS THEY WERE MUSTERED AT Ye MANNOR HOUSE ON THE 30th DAY OF NOVY 1715.


Johannes Dyckman, Capt Tobias ten Broeck Leivt Johannes Spoor Ensign


William Scot


Abraham Vosburgh


Sergts


John Decker Ephraim Reces Hend Bres;


Corpr3


William White


Kiliaan Winne


Nicolas Smith


Johs Dyckman Junr Drum : Lawrence Knickerbacker


Leendert Konyn


Coenraet Iam


John Chiasim


Jonathan Rees


Coenraet Schuyrman


Kocloff d' Duytser


Claas Brusie


Bastiaen Spekerman


Peter Teunise


Johannes Pulver


Johannes Schans


Lawrence Teunlse


Vincent Brusie


Joh : Emmerik Pless


Abraham Tewise


Nicolas Styger


Joseph Aplin


Isak Spoor


Juriaen Decker


Jonas Smith


George White


Harme van Solsberge


John Coenraed Petri


Joshua White


Dauphinee


HIend Nies


Frans Dinsbagh


Solomon Schutt


Nicus Janse Witbeck


Hans Jury Kolemer


Jacob Stower


Jolin Witbeck


Jury Ryverberger Baltus Stiever


Johannes Rosman


Gysbert Oosterhuit


Jan Willemschoen


Wm Cole


Andrew Gardner Jan Vosburgh


Diderigh Snyder


Adam Cole


Derck Vosburgh


Teunis Snyder


Baltus Anapagh


Marte Vosburgh


Harmanus Segendorff


Peter Smith


John Leggat


William Dalis


John William Simon


John Seger


Tho : Cornik . Jacob Coens


In all one Capt one Leivt and Ensigu Three Serjeants Three Corpor's one Drum and fifty eight Privat Centinels.


... The orig. of the above is in the handwriting of Mr. Living stou.


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Gabriel Brusie


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705


MANOR OF LIVINGSTON.


BRIGADIER HUNTER TO THE SECRETARY OF THE BOARD OF TRADE.


[ Lond. Doc. XXI. ]


London ye 26th July 1720.


SIR


I have the honor of yours with the copy of a Petition from Wyser and other Palatines with their Lordps commands relating to it.


Such of that people as were sober and industrious remain on the Lands where I settled them at first & which I was obliged to purchase for them on Hudson's River for the Ends proposed by those who sent them viz' the Manufacture of Naval Stores ; these are well enabled to subsist themselves the rest have been wanderers. About fourty Families of them went and took possession of Lands granted to several persons at New York and Albany Against repeated Orders : In compassion to the Innocent Women and children I prevailed with the proprietors of these lands to make them an offer of the Lands free from all rent or acknowledgment for ten years and ever after at a very moderate Quit Rent. The Majority accepted of the Conditions but durst not or could not execute the agreem' for fear of the rest who had been tampering with the Indians who had resigned their Claims to these Lands to the Crown, but I have some reason to believe that in the meantime it is compleated or speedily will be so.


Their lordships know that all the landsof any value were granted away before my administration There is still a great Tract of Land but very remote on the Frontiers formerly granted to Domine Dellius of fifty miles square & resumed by act of Assembly which may be granted to them if they are Willing to ransplant themselves thither In a body so as they may be secure from the attempts of the French Indians their nearest neighbours, out their neighbourhood with our Indians has given much rouble and may give more. If their Lordships think fit to make them an offer of that settlement a letter to the present Governor for that purpose will do the thing & free their Lord- ships from further trouble if they are willing to accept of the Offer but


VOL. III.


45


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Query how far such grant may avail them until his Majesty has approved of the Naturalization act or whether the Governor can grant them Letters of Denization to enable them to hold Lands, there being no such powers mentioned in his Letters patent. I am with the greatest respect


Si Your most obedient humble Servant Ro: HUNTER.


MINUTE OF GENL NICHOLSON & MR JEREMY LONG'S ATTENDANCE AT THE BOARD ABOUT THE PALATINES &t.


[ Lond. Doc. XXI. ]


Whitehall Tuesday 6th Septr 1720. At a Meeting of His Majesty's Commissts for Trade & Plantations.


Present.


Earl of Westmoreland


Mr Doeminique


Sir Charles Cooke


Mr Bladen


Gen! Nicholson attending, as desir'd, as also Mr Jeremy Long who appears in behalf of the Palatines & other Germans at New York, whose Petition & case, as also a letter from Brigadier Hunter on the same subject are mention'd in the Minutes of the 21st of July & 2d of August last, the said case & Letter were again read ; And Gen' Nicholson being asked what he knew of the Allegations set forth in behalf of the said Palatines; He said that he understood the Number of the Palatines first sent over to New York, was about 3200 ;-- That he knew nothing of any promises made to them ;- That he had about 300 of the said Palatines with him on the Expedition to Montreal, who were subsisted during that Expedition, but that he knows of no Engagements concerning their Pay ;- That he is a stranger to their settlement at Schories-That as to the Arms made use of in the Expedition, he knows of no direction for leaving what the Palatines had in their possession, but that there was an order for leaving some of them in the Plantations as Stores for the


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MANOR OF LIVINGSTON.


Magazines there-And M: Long above mention'd being unable to make proof of any of the Particulars set forth in the said Case of the Palatines ; he was acquainted that Copies of the several Papers relating to their Petition, shou'd be transmitted to Mr Burnet Goyr of New York, and the settlement of such of them as desire to remove to proper places, recommended to him, tho' it was observ'd to Mr Long that it seem'd sev of the said Palatines had behav'd themselves very undutifully to His Majesty and his late Governor of that Province.


CHARLES COOKE


THE CONDITION GRIEVANCES AND OPPRESSIONS OF THE GERMANS


IN HIS MAJES PROVINCE OF NEW YORK IN AMERICA, 1720.


IN the year 1709 was her late Majesty Queen Anne most graciously pleased to send a body of between 3 and 1000 Germans to New York under the Inspection and Care of Robert Hunter then Governour there, with particular orders and Instructions to settle them on lands belonging to the Crown, and such as were most proper for raising pitch, tair, and other Naval stores :


Before they left England, they were promis'd 5 pounds in money pr head, of which they have received nothing att all.


It was likewise promis'd, that on their arrival there, each of them should receive Cloaths, uteneils, tools and other Convenien- cy's belonging to Husbandry, all which were sent with them from England for their use, but of these they receiv'd but very little.


They were moreover to have a Grant of 40 acres of land to each person, but it was never perform'd.


On their landing at New-York they were quartered in tents on the Comon and divided in six Compaynies, over each of which was a Captain appointed to Comand them (of which number John Conrad Weiser arriv'd here in london 1718 :) with an allowance of 15£ per annum each, but not one farthing has been hitherto paid them.


About the same time took the said Govert without and against


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their Consent many children from them, and bound them to severall of the Inhabitants of that province till they should arrive to the age of 21 years, particularly two Sons from Captain Weiser, one of twelve and another of 13 years of age, by which means they were depriv'd of the Comfort of their Childrens' Company and education as well as the assistance and Support they might in a small time have reasonably expected from them.




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