F .1 CORNELL UNIVERSITY LIBRARY 3 1924 080 779 402 Wl books are subg^°;^Lgrary ,eca«atter wo weeks pBlWrED'NU.SA The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924080779402 Production Note Cornell University Library produced this volume to preserve the informational content of the deteriorated original. The best available copy of the original has been used to create this digital copy. It was scanned bitonally at 600 dots per inch resolution and compressed prior to storage using ITU Group 4 compression. Conversion of this material to digital files was supported by the Andrew W. Mellon Foundation. Digital file copyright by Cornell University Library 1995. This volume has been scanned as part of The Making of America Project, a cooperative endeavor undertaken to preserve and enhance access to historical material from the nineteenth century. There were some damaged pages in the original volume at the time of scanning. Replacements will be substituted when acquired. The digital dota were ussfi to create (orr.sil's repi.':ic3nien!- volume on nam that meets ANSI Standard Z39.48-1 992. LA^^V^S AHD OKD.§WAIirCES OF NEW i^ETHEELAND, 1638-1674. COMPILED AND TRANSLATED FROM THE ORIGrNAL DUTCH RECORDS IN THE OFFICE OF THE SECRETARY OF STATE, ALBANY, N. T. By E. B. O^CAXLAG TTATs r. ALBANY: "WEED, PARSONS AND COMPANY, PRINTERS AND STEREOTYPERS. 18C8. ' r CORNELL UNIVERSITY \x LIBRARY '// /{. ^0 83. ST.A.TE ODP ZSTEAV YORK. IN SENATE, Albany, April 20, 1867. Resohed, That the Clerk of the Senate cause to he printed five hundred copies of the Laws and Ordinances enacted by the Director General and Council of New Netherland from 1638 to 1674, translated from the original Dutch Records in the office of the Secretary of State. By order of the Senate, JAS. TERWILLIGEE, Clerk. PREFACE The States General of the United Netherlands incorpoi'ated, in the year 1621, a company, called the West India Company, to which it granted, among other powers, the right to establish Colonies in such parts of America as were not already occupied by other European nations. This Com- pany consisted originally of five branches or Chambers, the principal of which was located in Amsterdam. In virtue of their Charter, the West India Company planted a Colony in the country lying between the Connecticut river and the pres- ent State of Maryland, which territory was named, after the parent State, New Netherl^nd. The exclusive superintendence of this country was immediately transferred to the Amsterdam Cham- ber, which exercised supreme government over it until the latter part of the year 16S4. It then passed into the possession of the English, by whom it was governed until 1673, when the Province was again, recovered by the Dutch, and the government was administered in the name of the States General and the Prince of Orange until the 31st October, 1674. The country was finall)^ surrendered to the English, in accordance with the provisions of the sixth article of the Treaty of Westminster. iv PREFACE. The Executive government of New Netherland was, after the first few years, administered, until September, 1664, by a Director General and Council, who exercised the powers of local legis- lation, subject to the approval or revision of the Amsterdam Chamber of the West India Company. But the laws thus enacted were not to be contrary to, but as far as possible in conformity with, the Laws of Fatherland. And here, at the threshold of this review, it becomes our duty to define what then were these Laws of Fatherland. The Roman, commonly called the Civil Law, or Code of Justinian, was, originally, the basis of all law in Holland, so modified, however, as to be distinguished in time as the Roman-Dutch Law, according to which all constitutions, ordinances, placards, statutes and customs were to be ex- wtn'^com- plained. For it was decreed, that all tribunals in mcntaries, ^j^^ Provluce of HoUaud and Westfriesland, should Van der I'nStltutIs, do justice according to the laws and ordinances pp. 8, 58. '^ ° of the land, and also according to the privileges and old established customs and usages, and in failure of these, according to the Written Law, by which was always understood the Roman Law. The Feudal law was introduced into the Low Countries as early as the twelfth century, and thence transferred to New Netherland, where divers Colonies or Manors were granted to certain persons called Patroons. But the rights and ter- ritories belonging to them were, subsequently, purchased and re-integrated into the public domain, except those of Rensselaerswyck, and Colendonk (now Yonkers), and New Amstel, on the Delaware PREFACE. river. This last Colonie was conceded to the City of Amsterdam in 1656. As by this tenure the Lord held his fief or estate van Leeu- •^ wen,B. 1, from the Supreme Government, so the Vassal held c!l;li.^'^' the usufruct of his property from the Lord, under reciprocal obligation of protection and homage, subject to certain jurisdiction, personal service, tithes, taxes, quarter sales and seignorial rents ; which rents were payable in produce, poultry, &c. In addition to these, the Lord possessed what the French call the Droit de retrait, that is, the right to take the immovable property when sold by the tenant at the price stipulated in the sale. This right was conferred in order to protect the proprietor of the Manor against being wronged, by collusive operations, out of his just "Quarter sales." Those Fiefs were hereditary and indivisi- ble, but Patroons in New Netherland had the right to dispose thereof by will. They claimed also High as well as Low Jurisdiction, and in the earlier years the Colonie of Rensselaerswyck had its own executioner, but the right of the Patroon to exercise High Jurisdiction was subsequently denied and rejected. The Colonie of New Amstel, however, did possess and exercise the right to inflict Capital punishment. The Canon Law was introduced into Holland, contemporaneously with the Roman Law, and gov- erned in ecclesiastical matters and persons, until the time of the Reformation, when it was rejected, except in Testamentary affairs. Matrimonial cases, administration of Oaths and the like. Ecclesi- astics were thus deprived of all peculiar author- ity and ecclesiastical jurisprudence, and ecclesias- vi PREFACE. wtn.p^™" tical matters were treated according to the law of LMe" the church, promulgated in 1591, and subsequently renewed in 1612, and at other times ; that is, first before the Consistor_y, next before the Assembly and lastly before the Synod. But as in New Netherland there was no Synod, the supervision of the church in this country was entrusted to the Assembly, or Classis of Amsterdam, by whom the Dutch Clergymen were approved and ordained, at the request, or with the consent, of the Chamber of the West India Company at Amsterdam. Thus, that Classis may be considered as having been the Supreme Head of the Dutch Church in New Netherland. The Reformed Religion, according to the doc- trine promulgated by the Synod of Dordrecht, was the established religion of New Netherland, and the magistrates were bound to maintain it against all sectaries. Although English settlers, either of the Presbyterian or Congregational Order, were granted freedom of conscience, and had their churches, yet the right of public worship was denied to all other denominations, if we except LutheranS; Avho after some struggle were allowed a Minister. Catholics, Baptists, Quakers and Jews were alike ostracised, for none other than those of the Reformed religion, or persons at least well affected toward it, were admissible to office. By vaiiLeen- the laws of Holland, marriages between Protest- Linden! attts aud Catholics, or between Christians and Jews, pp. G7, tw ; ' pp^i^fS, were subject to grievous penalties, Jews having no privileges except those of Burgherright and Trade. In New Netherland they were even denied that of defending the country in case of danger, 194. PREFACE. vii owing to the " disgust and dislike of the mass of the Citizens to them as fellow soldiers." The right of Citizenship was restricted, as a general principle, to native born subjects, but by special charters the English settlers on Long Island and, in 1673, in what is now New Jersey, ^^1^^%^- were granted " all and singular the immunities and privileges granted to the Inhabitants of the Pro- vince, as if they were natives of the United Belgic Provinces." These included the Dutch Law of Inheritance, in cases of Intestacy. Such, then, with the custom authorizing a com- munity of goods between married persons, where no antenuptial contract existed, were the funda- mental Laws of New Netherland, and the several Courts in that country were specially enjoined to " be particularly careful to observe and cause to be observed the Laws and Statutes of Fatherland," and to govern the Inhabitants conformably thereto. The Municipal law of the City of Amsterdam was also transferred to this country, the Courts of which were constituted, as much as possible, and the circumstances of the Province allowed, " accord- jj/™^^^^ ing to the laudable custom of the City of Amster- dam, in Holland." It has, indeed, been claimed that the law gov- g^jt'ru^s., erning towns or municipalities in New Netherland, was mainly derived from New England, but this claim is entirely opposed by the Laws themselves. The only Law ever derived from New England, was that against "'Fugitives from Service," which Avas engrafted, in the year 1650, on the Laws of New Netherland, by the Treaty of Hartford, whereby it was stipulated that the Eighth Article viii PREFACE. of the Confederation of the United Colonies should be observed also by the Dutch. This Article was as follows : " It is also agreed, that if any servant run away from his master into any other of these Confeder- ated Jurisdictions, that in such case, upon the certificate of one magistrate in the jurisdiction out of which the said servant fled, or upon other due proof, the said servant shall be delivered either to his master, or any other that pursues and brings such certificate or proof. And that upon the escape of any prisoner whatsoever, or fugitive for any criminal cause, whether breaking prison, or getting from the officer, or otherwise escaping, upon the certificate of two magistrates of the juris- diction out of which the escape is made, that he was a prisoner, or such an offender at the time of the escape, the magistrates or some of them of that jurisdiction, where for the present, the said pris- oner or fugitive abideth, shall forthwith grant such a warrant as the case will bear for the apprehend- ing of any such person, and the delivery of him unto the hands of the officer, or other person who pursues him. And if there be help required for H^ard'a the Safe returning of any such offender, then it shall be granted to him that craves the same, he paying the charges thereof." For many years the only Courts in the Prov- ince of New Netherland, of which we have any record, were the Patroon's Court of Rensselaers- wyck, and that of the Director General and Coun- cil on Manhattan island, the latter of which took state Papers, 2:5, PREFACE. ix cognizance of actions of debt, whether for small or large amounts, and of criminal cases, from simple assaults to those of murder. It also acted as a Prerogative, or Surrogate Court, and as a Court of Admiralty. In fine, there was nothing too minute and nothing too important for its jm'isdiction, and infra,T>.i». from its decisions there was no appeal. The first Town Court established Avas that of -ri./ra, pp.43 65,58. Hempstead in 1644; that of Grravesend followed in 1645, and that of Breuckelen in 1646. The only Court on Manhattan island up to this time was, as already stated, that of the Director General and Council. But it was found that " in consequence of the increase of population, lawsuits became multiplied, and questions and quarrels of trifling moment occurred, which might be determined and disposed of by arbitrators, but frequently remained undecided, to the prejudice and injury of the peo- ple, and to the great expense, loss of time and vexa- tion of contending parties, because the attention of the Council was engrossed by matters of greater importance." A court of Arbitrators, composed jn/™, "^ pp. 77, 78. of Nine Men, was therefore established in 1647. Three of these sat in rotation and decided such cases as were referred to them by the Court of the Director and Council, subject, however, to the right of appeal to that court. This board con- tinued until 1653, when New Amsterdam was incorporated and a Court of Schout, Burgomas- ters and Schepens was erected in that city. These Burgomasters acted as Orphan Masters, or Surro- gates, until 1655, when a distinct Orphan Court was erected. X PEEFACE. The town of Flushing was planted in 1645, and the inhabitants were authorized to elect a Schout ; in/ra,-p.97. a court of justice was not, however, erected therein until 1648. In 1652, Beverwyck (now Albany), o'caiKHist. was severed from the Colonie of Rensselaerswyck, land. 2: 183. ^^^ ^ Separate court was erected at Fort Orange, with jurisdiction over the first named settlement. This was the only Court on the Hudson river north of Manhattan island, before 1661. In the same year (1662) a bench of justice was granted to Middleburgh (now Newtown, L. I.), and in 1654 the towns of Amesfoort (Flatlands), and Midwout (Flatbush), were allowed a joint Court, which sat ■^"^"Sb 391 ^* *^^ latter place three-quarters, and in the former town one-quarter of the year, until March, 1661, when each town obtained a separate Bench. In March, 1656, Westchester and Jamaica, then called Eustdorp, were each permitted to elect Magistrates Msl'e^'saj " ^^ *^^ same footing and with the same privileges as Middleburgh, Breuckelen, Midwout and Ames- foort." A Town Court was granted to Haerlem p^li) 395 ™ 1660 ; to Bushwyck, Wiltwyck (now Kingston), Bergen and New Utrecht in 1661, and to Staten Island in 1664. On the conquest of the country in 1664, Eng- lish laws were introduced and another Judicial system was established. The Town Courts were Duke'3 composed of a Constable and Overseers ; a Court of Sessions was established, to be held by the jus- tices of each of the ridings of Yorkshire, which comprised Long Island, Staten Island and part of Westchester county ; and a Court of Assize, com- posed of the Grovernor and Council and justices of PREFACE. xi the peace. A Court of Oyer and Terminer also sat occasionally. On the reduction of New Netherland in 1673, the old system was restored, and an additional Inferior Court was established in what was called infra,p.^. the Out district, which was situate on that part of Manhattan Island between the Freshwater, or Col- lect, and Haerlem. Appeals from this Court lay to the Court of Burgomasters and Schepens of New Orange. Schenectady, also, had a local tri- bunal, from which appeals lay to the Court of Willemstadt, or Albany. By the charter graiited to Patroons in 1629, section twenty, the Inferior Courts in New Nether- land had final jurisdiction in civil cases amounting to Fifty guilders ($20) inclusive. In cases beyond j„f™,pp.7, that sum, an appeal lay to the Director General and Council. This rule ajDplied to, and limited, the civil jurisdiction of all Town Courts established prior to 1665, except that of New Amstel on the Dela- ware river, which at first had final jurisdiction, to the amount of One hundred guilders. In 1661 this amount was increased to Six hundred guilders j,y,o, p. sea (S240). In 1673, Town Courts were allowed to decide, finally, suits as high as sixty florins ($24) ; that of the Out district on Manhattan Island, how- ever, had jurisdiction over suits for One hundred florins ($40). An entirely new Court., which may be called a District Court, was now added, having, however, appellate jurisdiction only. It was com- posed of the Sheriff, and of one Councillor or Magistrate annually appointed from each Town in the district. This Court took cognizance of ap- peals from the Town Courts in actions to the xii PREFACE. amount of Two hundred and forty florins ($96). In cases exceeding that sum, parties were entitled to an appeal to the Governor and Council. For the purposes above set forth, the towns in PPM77,479. ■"'hat is now Kings county formed one district; and those of Queens county, Esopus, Achter Col (or East New Jersey), and the South, or Delaware river constituted each another district. But the Assembly, held at Elizabethtown in November, i^m,p.505. 1673, invested the District Court of Achter Col with final original jurisdiction over " all actions of debt and damage, as also criminal cases to the value of Twenty pounds." The Elizabethtown Code, which is published, it is believed, now for the first time, was, however, never ratified. The towns in the present county of Suffolk were formed into a separate district, but as the majority of them refused to submit to the Dutch, a District Court was, therefore, never organized in that county. In criminal cases, the Charter of 1629, section six, granted to Patroons " the chief command and lower jurisdictions" within their respective Colo- nies. It was claimed, as already observed, that vanLeeu- this couforrcd Hiffh jurisdiction, or the right to ir,/ra,p.i. ^^-^^ cognizance of capital crimes and of offenses subject to corporal punishment. And indeed such right was distinctly conferred on the Town of Hempstead in 1644, for the Court there was em- powered to pass sentence " for the deprivation of life, limb, stigmatizing, or burn marking," reserv- ing, however, to the accused, tlie right of appeal to the Supreme Court. But it was subsequently denied that Colonies were invested with such High PREFACE. xiii jurisdiction. No criminal jurisdiction seems to have been conferred on the town of Gravesend or Flushing, the Schout, or sheriff, having only the ^^j^'M ^"^ power to suppress disorders, apprehend criminals, and to prosecute the latter before the Director and Council. In 1656, the jurisdiction of the iv™,p.268. Court of New Amsterdam was so far enlarged as to authorize it to pass sentence of branding and whipping, with power to execute the same if con- firmed after appeal. But as a general rule, the iurisdiction of each Inferior Court was confined, intra, •> pp. ass, 339 in criminal matters, to "Acts, Threats, Fighting ** '''•*'• or Wounding, Brawls, Slanders, Scolding, Simple drawing of a Knife or Sword," with the right of appeal reserved, in most cases, to the accused. Cases of crime of a higher degree were always referred for trial to the Director and Council. On the reduction of the country, in 1673, by the Dutch, Town Courts continued to be restricted, in criminal matters, to the cases above set forth, but the Courts of Willemstadt (Albany) and New infra, ^ '^ ^ pp. 486, 487, Orange (New York) had power to pronounce ^"' sentence, " even unto death inclusive ;" but still no sentence of corporal punishment could be executed unless approved by the Governor and Council. The regulation of the internal afPairs of the Towns was conferred on the Court of each locality. The magistrates of Hempstead and Gravesend could, with the consent of the free inhabitants, "make and establish such civil Ordinances amongst i„/ra,pp.43 . ° 49, 54. themselves," as the major part of the said mhabit- ants should think fitting, for the preservation of the public quiet and peace of these places. The other Towns were authorized to enact laws for the xiv • PREFACE. '"^'Sb 387 ffi^ci^g f*f lands, laying out highways and promo- Si S;*"'' tion of agriculture, building churches and school- houses, observance of the Sabbath, and preventing petty offenses, subject in most instances, however, to the approval of the Governor and Council, which had to be obtained previous to their being enforced. But, as already remarked, such Ordi- nances were not to be contrary to, but as far as possible conformable with, the laws of Fatherland and the Statutes of the Province. In 1663, Town Jnrra, p. 446. Courts were, in addition, empowered to enact laws against the sale of liquor to Indians, within their respective jurisdictions. The local government of Flushing was similar to that of other villages, until A/'T, 1658. Aboiit that time some Quakers had been pp. 336, 339, ^ *'"■ harbored and allowed to exercise public worship there. This was declared an infraction of the laws of the Province, for which the town richly deserved to be punished. Accordingly, all future town meetings, imless sanctioned by the Gover- nor and Council, the Sheriff or one of the Magis- trates, were prohibited, " as they were seldom productive of good," Instead of such Town meet- ings, seven persons called Tribunes or Town's men were " once and for all " to be elected, who, with the Sheriff and Magistrates were empowered to make laws for tlie affairs of the Town, such as for fences, highways and bridges, schools, churches and other public buildings. This law continued in force until the close of 1663. The Laws enacted by the Director and Council "*- were binding througliout all New Netherland, ex- cept such of them as applied exclusively to locali- ties named in the Act. The right of the Director PREFACE. XV and Council to exercise jurisdiction within the Colonies of Patroons was, however, called in ques- tion in Pavonia as early as 1638, and denied in ?. y coi. -J MSa. 1: 41. Rensselaerswyck in 1648. In this latter instance, the Director General and Council having issued a Proclamation for a general Fast, and the perform- ccaiLHist. ° ■'^ N. Nether- ance of public worship in the several churches f^t-ii,'^. , 308, 310. throughout the Province, it was transmitted to Rensselaerswyck. This was considered an inva- sion of the rights of the Patroon, the local authori- ties maintaining that such orders were of no authority unless indorsed by them and executed by their officers, and they protested accordingly against its publication within their limits. The opposition was renewed in 1652, when an Ordi- nance was sent prescribing the bounds of Fort Orange, publication of which in the Colonic was also refused; and when, in 1654, another Edict was issued to collect an Excise on liquors within one thousand rods of Fort Orange, the authorities of Renselaerswyck gave orders not to pay the impost. An Ordinance was next issued in 1656, du-ecting all Towns and Colonies to pay the Tenths of their crops, a copy of which was like- wise sent to the authorities of Renselaerswyck, but they refused to publish it, and this difficulty was not settled until 1658, when the Colonic com- pounded for the Tenths. The authority of the government of the Company was, however, finally acknowledged, and the Ordinances drawn up in the Colonic were submitted, like all other muni- cipal or local Ordinances of importance, for the approval and ratification of the Director General and Council, which had to be obtained before they xvi PREFACE. wt", pp^K, coi-^W be enforced. But it was a fixed rule, that no Law or Ordinance was binding upon the Inhabit- ants of any place, until promulgated where pub- lication was usually made in such place, and afterward posted or placarded. The Chamber at Amsterdam possessed, as already stated, and, as will be seen by the Notes appended to some of the Ordinances now pub- lished, exercised an absolute Veto on the legisla- tion of this cou.ntry. Not only that, but the Chamber, in many instances, originated and transmitted hither Laws prepared and printed in Amsterdam, and in other cases altered and amended the Ordinances enacted by the Director General and Council, and then returned them so enacted or amended to be put in force here. Unfortunately none of those Printed Laws are among the Archives of the State. References have been found to other Ordinances and Grants, copies of which, however, are not among the Dutch Records. In order to render this volume as com- plete as possible, the titles of such Grants and Ordi- nances are given, accompanied by Notes, in type smaller than that of the Text, explanatory of the nature of the Document and of the circumstances which called it forth. Care has also been taken to translate and append such remarks as the Laws now published elicited from the authorities in Amsterdam. A full Index is added to this work, which it is hoped will now supply, what has hitherto been a great desideratum, reliable information respecting the Constitution and Laws of this State during the first half century of its existence. COISTTENTS. 1629. Jvme 7. Freedoms and Exemptions page. Granted by the West India Company to all Patroons, Masters, or Private Persons who will plant Colonies in New Netherland, . . 1 1638. April 15. Ordinance Prohibiting trade in Furs ; Regulating intercourse with Ships in Port ; Enjoining due attention on the part of Workmen ; Estab- lishing Court days, and prohibiting Immorality, 10 May 17. Ordinance Against Immoderate drinking, and Harboring seamen on shore at night, 12 June 7. Ordinance Of the West India Company against Clandestine Trade 13 June 24. Ordinance Authorizing the issuing of Patents to freemen for their Lands, ... 16 Aug. 19. Ordinance For the Inspection of Tobacco, and drawing up of Legal Instru- ments, 16 Nov. 35. Ordinance For the recovery of Public property ; protection of private Gar- dens and Henroosts, and prohibiting persons in the public ser- vice quitting the Island of Manhattan without permission, .... 17 1639. March 31. Ordinance Prohibiting the sale of Firearms, &c., to Indians, and requiring Vessels sailing to or from Fort Orange, the South River, or Fort Hope, to take out clearances, 18 Aug. 11. Ordinance For the regulation of the Workmen in the Public Service, 20 Sept. 22. Ordinancb Fixing the price of Duffels, 21 1640. March 15. Ordinance Against Trespassing, 21 May 9. Ordinance Against Trespasses on Indian Maize Lands, 22 May 9. Ordinance Providing for the Arming and mustering of the Militia in case of danger, 23 Aug. 9. Ordinance Against Fugitives from Service, and providing for the proper draw- ing up of Legal Instruments, 24 C xviii CONTENTS. 1641 April 11. Ordinance page. Against tapping Beer, &c. during Divine service, or after Ten o'clock at night ; against using any but the Amsterdam meas- . ure, and for fixing the price of Beer, 25 V April 18. Ordinance Regulating the Currency of Wampum, 26 June 6. Feeedoms and PriviIjEGES Granted to English Settlers, 27 July 4. Ordinance Ofl'ering a reward for the Heads of Raritan Indians, 28 Sept. 30. Ordinance Establishing an annual Fair at New Amsterdam, 29 1643. April 3. Ordinance Prohibiting the purchase of produce raised near Fort Hope, 29 April 3. Ordinance Imposing certain Import and Export Duties, 31 April 13. Ordinance Against harboring Fugitive Servants, 32 July 11. Ordinance Against drawing a Knife and inflicting a Wound therewith 33 Oct. 16. Ordinance Against Defaults, 34 1643. June 18. Ordinance Against selling intoxicating Liquors to Indians, 34 June 18. Ordinance Against harboring Fugitive Servants (renewed), 35 Nov. 19. Ordinance Regulating the Burgher guard, 35 1644. Feb. 25. Act Emancipating certain Negro Slaves therein mentioned, 36 March 31. Ordinance For the construction of a public Inclosure on the Island of Man- hattan, 37 June 7. Ordinance Against depositing Ashes, or committing any nuisance within Fort Amsterdam 38 June 21. Ordinance For levying an Excise on Liquors and Beavers 38 Aug. 4. Ordinance For Further levying an Excise on Beavers and Beer, 40 Aug. 25. Ordinance Against Harboring certain persons, 41 Nov. 16. Charter Granted to the Town of Hempstead, 43 1645. Feb. 23. Ordinance Further prohibiting the Sale of Firearms, etc., to Indians, 47 Oct. 10. Charter Granted to the Town of Flushing 48 Nov. 21. Ordinance Further iiroliibiting the sale of Intoxicating Liquors to Indians,. 52 Dec, 19. Charter Granted to the Town of Gravesend, L. 1 53 CONTENTS. xix 1646. June 12. Ordinance page. Establishing a Court of Justice in Breuckelen 58 June 12. Okdinance Further providing for the proper drawing up of Legal Instru- ments, 59 Sept. 27. Act Manumitting a Negro Slave 60 1047. May 31. Ordinance Against selling Liquor during Divine Service on the Sabbath, and after nine o'clock at night ; and against Fighting with Knives, 60 June 18. Ordinance Against trading in the Minquas countrj', 63 July 1. Ordinance Against selling Liquor to Indians ; against Trespasses ; and for the erection of Fences and a Public Pound, 64 July 4. Ordinance Against Smuggling, and to oblige Merchants to exhibit their Books and Accounts when called on, 65 July 4. Ordinance Imposing an Excise on Wines and Spirituous Liquors, 69 July 4. Ordinance Kespecting Large and Small ships and Smuggling 71 July 23. Ordinance Imposing an Export Duty on Furs, 73 July 25. Ordinance Kegulating Buildings in the city of New Amsterdam, 74 Sept. 25. Ordinance Establishing a Board of Nine Men 75 i Nov. 22. Ordinance Providing for the completion of Fort New Amsterdam, 79 Nov. 30. Resolution Respecting loose Wampum, 80 1648. Jan. 12. Ordinance Forbidding Brewers to retail, and Tavern keepers to manufacture Beer, 80 Jan. 20. Resolution Opening the Trade to Brazil and Angola, and authorizing the Importation of Slaves into New Netherland, 81 Jan. 23-28. Ordinance Prohibiting Wooden Chimneys, and appointing Firewardens in New Amsterdam 82 Jan. 29. Ordinance Further regulating the Fur trade and imposing a Duty on Exported Furs, 83 March 10. Ordinance Against Goats and Hogs running at large in New Amsterdam, . . 85 March 10. Ordinance For the regulation of Trade and Navigation ; the establishment of a weekly Market and an annual Fair, and declaring the East river free to all nations, 86 March 10. Ordinance Regulating Taverns in New Amsterdam, 93 April 27. Additional Privileges Granted to the Town of Flushing, 97 XX CONTENTS. 1648. April 29. ORDmANCB i"-*-ge. For the better observance of the Sabbath 98 May 13. Ordinance Further prohibiting the sale of Intoxicating Liquor to Indiana,. . 100 Aug. 19. Ordinance Further prohibiting the Sale of Fireams, &c., to Indians (renewed), 101 Sept. 18. Ordinance Obliging Scotch Merchants and Petty Traders to reside three years in New Netherland, &c., 101 Sept. 28. Ordinance For the better enforcing of the Ordinance against Fires, 102 Sept. 28. Ordinance For the recovery of Wages due to Indians, 103 Oct. 6. Ordinance Against Fugitives from Service, 104 Dec. 15. Ordinance For the speedier erection of Buildings in New Amsterdam, 105 1649. April 21. Ordinance Fixing the duty on New Netheriand Tobacco, 106 May 8. Ordinance Further providing for the proper drawing up of Legal Instru- ments, 108 July 19. Ordinance To enforce the Law respecting Weights and Measures, 109 Nov. 8. Ordinance To prevent frauds on the Excise, 110 Nov. 8. Ordinance Prohibiting the Exportation of Grain and Bread from New Nether- land, Ill Nov. 8. Ordinance Regulating the Baking and sale of Bread, 112 1650. Feb. 7. Ordinance To prevent Frauds in the conveyance of Real Estate, 114 May 23. Ordinance Against encumbering or obstructing Highways, 114 April 14. Ordinance Amending the Ordinance of the 8 November, 1649, regulating the Baking and sale of Bread 115 May 30. Ordinance For the better regulation of the Currency, 115 Sept. 14. Ordinance Further regulating the Currency, 117 June 27. Ordinance Further prohibiting the running at large of Goats, Hogs and other Animals in New Amsterdam 118 1651. June 5. Ordinance Regulating the price of Bread, Wine, Brandy, &c., 119 Aug. 28. Ordinance To prevent Smuggling, 122 1052. February. Ordinance Regulating the Windmill, 123 CONTENTS. xxi 1652. Ordikance page. Abolishing tlie Export duty of eight per cent on New Netlierland Tobacco, 125 Oedinancb Imposing a Duty on Merchandise imported into New Netherland from New England, 126 April 4. Conditions and Regiilations For the Importation of Negroes from Africa into Now Nether- laud, 137 April Ordinance Against Illegal Trade in Powder, Lead, and Guns in New Nether- land by Private persons, 128 June 27. Ordinance • • Eegulating the driving of Wagons, Carts, &c., in New Amster- dam, 128 June 27. Ordinance Against boarding Vessels arriving at New Amsterdam before the same are entered, 129 July 1. Ordinance Regulating the purchase of Indian Lauds and vacating and an- nulling sundry grants and purchases therein mentioned 130 Sept. 4. Ordinance Reducing the Duty on Furs, 135 Sept. 80. Ordinance Against Runners in the Mohawk or Sonecas country, 187 Oct. 9. Ordinance Against firing at Partridges or other Game within the limits of New Amsterdam, 138 October. Ordinance Renewing the Ordinance ag'aiDSt the Exporting of grain and against the consumption thereof by Brewing, Distilling, &c.,. . 138 October. Ordinance Regulating the Baking and sale of Bread (renewed), 139 1653. Feb. 18. Ordinance Regulating the Inspection of New Netherland Tobacco, 139 Feb. 18. Resolution Ordering the publication of the Ordinances respecting Farm Ser- vants, and regulating the Brewing and Malting of Grain, 140 March 26. Ordinance For the more general planting of Com and other Grain, 141 March 26. Ordinance Imposing an additional Excise on Wines and Strong Liquors, . . . 142 May 12. Ordinance Providing for the fortifying of the city of New Amsterdam, .... 144 May 30. Ordinance Directing returns to be made of all Grain in Fort Orange and the Colonie of Renselaersvryck, 146 Aug. 4. Resolution* Declaring that no Appeal can lie from Judgments pronounced in ^ New Netherland, 147 Aug. 18. Ordinance Further regulating the price of Wine and Brandy 148 Nov. 19. Ordinance Fixing the prices of cert.ain Imported goods 149 xxii CONTENTS. 1653. Ordinance page. Fixing the rate of wages to be paid to Carpenters, Masons, &c. . . 153 1654. Jan. 19. Okdinancb Regulating the publication of Bans of Matrimony, 152 Jan. 28. Ordinance Imposing Duties on Indian Goods, Wines, Brandy, &c., 153 April 8. Ordinance Against Pirates and Vagabonds, and requiring Strangers to report and give an account of themselves, 155 April 8. Ordinance For the better defense of the Dutch Towns on Long Island, 159 June 14. Ordinance '• Providing additional Works for Fort Amsterdam, 161 July 1. Ordinance Regulating the Ferry at the Manhattans, 162 - July 7. Ordinance Against removing property from the City of New Amsterdam during the present Panic, and forbidding the return to said City, after the Panic has subsided, of such persons as may remove, . . 160 July 11. Ordinance Against circulating False Reports, and for obliging those who have removed from the City of New Amsterdam to return thither, 168 July 11. Ordinance To prevent injury to the Fortifications, 170 Ordinance Providing for the Increase of Sheep, 171 July 22. Ordinance Amending the Ordinance of the 38 January, 1654, imposing Duties on Indian Goods, Wines, Brandy, &c., 171 Aug. 3. Ordinance Regulating the purchase of Lands from the Indians, and requir- ing all who have not Patents to take out the same within six weeks 173 Aug. 10. Ordinance Regulating the Weigliing house in New Amsterdam, 174 Aug. 20. Ordinance Regulating the duties of the Provost Marshal, 177 Aug. 24. Ordinance Imposing a Tax on Land and Cattle, 180 Aug. 28. Ordinance Against furnishing Liquor to Indians, 183 Sept. 2. Ordinance Authorizing a Tax Levy in Midwout to defray Town Charges, . . . 184 Nov. 18. Ordinance For the better collection of the Excise at Fort Orange 184 Dec. 81. Ordinance For the further protection of Fences, 185 1655. Feb. 6. Ordinance Regulating the Duties and Fees of the City Marshal 186 Feb. 23. Ordinance Determining the Fee for executing a Deed before the Magistrates of New Amsterdam, 189 CONTENTS. xxiii 1C55 March 10. Ordinakcb page. Renewing the Ordinance regulating the Inspection of New Neth- erland Tobacco, jmssed 18 February, 1653, 189 May 5. Ordinance Establishing a Tariff of Fees|po be received by the Clerk of the Court of Breukelen, Midwout and Amesfoort 190 July 27. Ordinance Of the Court at Fort Orange prohibiting Dutch Bosloopers, 190 Aug. 6. Ordinance Imposing a Duty on exported Negroes, 191 Aug. 28. Ordinance Exempting Jews from Military service, 191 Oct. 9. Ordinance For the better preservation of Fences, 193 Oct. 11. Ordinance Levying an Assessment in the City of New Amsterdam, 196 Oct. 16. Ordin.\nce Against persons going into the Country in small parties 198 Oct. 16. Ordinance Authorizing the lajing out of the Village of Midwout, 199 Oct. 18. Ordinance Prohibiting intercourse with the Indians on the West side of Hudson's river, 200 Nov. 5. Ordinance Kenewing the Ordinance against Goats running at large in New Amsterdam, , 201 Nov. 29. Ordinance Increasing the Tavemkecners' Excise throughout the Province of New Nethcrland, ". 203 Nov. 29. Ordinance Fixing the price of strong New Netherland Beer, 203 Dec. 20. Ordinance Imposing an Excise on Liquors at Fort Casimir, and prohibiting the sale of Liquor to the Indians on the South river (Delaware), 204 Dec. 31. Ordinance To prevent Firing of Guns, Planting May poles and other Irregu- larities ^vithin this Province 205 1656. Jan. 18. Ordinance For the formation of Villages, and prohibiting Straw roofs and Wooden chimneys, 388 Jan. 18. Ordinance Establishing an Excise on Slaugh'tered cattle, 308 Jan. 37. Ordinance For the more effectual collection of Duties on exported Furs, 810 Feb. 1. Ordinance Against Conventicles 311 Feb. 23. Ordinance For the immediate formation of the Village of Midwout, 213 Feb. 22. Rebolution Of the States General ratifying the Treaty of Hartford, 215 Feb. 33. Ordinance For the proper maintaining of Fences on Lands at tho South river, and for other purposes therein mentioned, 318 xxiv CONTENTS. 165« Feb. 25. OBDmANCE paoe. Confirming tlie survey of the city of New Amsterdam, 219 April 27. Ordinanob Providing for the collection of Duties on Exported Furs and Liquors, ^ 220 AprU 27. Okdinance Directing all articles over Twenty-five pounds to be weighed at the Weighinghouse, 323 April 27. Ordinance Further regulating the Weighinghouse in New Amsterdam, .... 224 May 29. Ordinance Against lodging Indians in New Amsterdam, 228 May 22. Ordinance To prevent damages by Hogs, at Fort Casimir, 228 May 26. Ordinance For the better securing of the Village of Midwout, 229 June 7. Ordinance Amending the Ordinance for the collection of Duties on Exported Liquors, 231 June 27. Ordinance For the payment of Tenths, 232 June 27. Ordinance Providing for the clearance of Vessels, and for the entry of Goods subject to Export Duties, 233 July 1. Ordinance Renewing the Ordinances for the formation of Villages, and against admitting armed Indians into Cities, Villages and Houses, 234 Aug. 11. Ordinance Renewing and amending the Ordinance against importing arti- cles of Contraband, 236 Aug. 12. Conditions Offered by the City of Amsterdam to those who may be sent as Colonists to the South River of New Netherland, 289 ■-Aug. 24. Ordinance Explaining the Ordinance of the 11 August, 1656, so far as re- gards the Anchorage ground in the port of New Amsterdam, . . 248 Sept. 6. Ordinance Regulating the Fees payable at the Custom-house and Public Store, New Amsterdam, 249 Sept. 13. Ordinance Establishing a Weekly Market at New Amsterdam, 251 Sept. 20. Ordinance For the regulation of tTie Director General's Company 252 Sept. 27. Ordinance Regulating the rate at which Beaver is to be received in payment of Duties, 255 Oct. 24. Ordinance For the sweeping of Chimneys at Fort Orange, 257 Oct. 26. Ordinance Renewing and amending the Ordinances for the due observance of the Sabbath ; against furnishing Liquor to Indians, or ex- porting Liquors without a permit, and for establishing an Assize of Bread, and regulating the trade of Baking, 258 Nov. 25. Ordinance Further regulating the Excise in New Amsterdam, 263 CONTENTS. XXV 1656. Nov. 27. Okdinance page. Providing for the Fencing of Lands at Fort Casimir, 266 Dec. 12. Ordinance For the Inspection of Tobacco at the South river, 267 Dec. 21. Ordinance Enlarging the jurisdiction of the Court of New Amsterdam, 268 Dec. Articles and Ordinances Revised and enacted hj the Right Honorable the Lords Burgo- masters of the City of Amsterdam, according to which shall be engaged and sworn, all those who shall hereafter enter the service of the Lords Burgomasters of the City of Amsterdam, for the purpose of going with their own, or chartered ships to New Netherland and the limits of the West India Company's Grant, pursuant to the Agreement entered into with it, and ap- proved of by the High and Mighty Lords States General of the United Netherlands. Also, those who shall happen to transport themselves thither as Colonists and other Free persons. All which, the above mentioned Lords States General and the Lords Burgomasters of the aforesaid City, ordain and command shall be obeyed, maintained, respected during the aforesaid journey both by water and on land, by all and every of the crew of the Ships which are equipped, sent, and fitted out to New Nether- laud, and generally by all those who shall repair to the Coun- try aforesaid as Servants or as Colonists, and other Free persons as aforesaid, 269 1657. Jan. 3. Ordinance Regulating the Currency 289 Jan. 9. Resolution Suspending the preceding Ordinance 292 Jan. 10. Ordinance For the removal of Abuses in the Indian Trade at the South River, 293 Jan. 16. Ordinance For the Fencing of Private Lands, and authorizing the cutting of Firewood and Timber on unfenced Lands, 294 Jan. 2p. Ordinance Obliging Tavernkeepers to take out Licenses, and to pay Excise, . 296 Jan. 30. Ordinance Establishing Great and Small Burgherright in New Amsterdam, . 298 Feb. 2. Ordinance Declaring who may be admitted Great and Small Burghers, .... 301 Feb. 7. Ordinance Imposing an Assessment to pay the salary of the Rev. Mr. Pol- hemius, &c., j . 304 March 30. Ordinance For the better Inspection of Tobacco, 307 ■^ June 12. Ordinance Renewing the laws for the better Observance of the Sabbath; against selling Liquor to Indians, and Smuggling ; prescribing the Anchorage ground in the port of New Amsterdam ; provid- ing for the safe delivery of Letters, and prohibiting Fast driving through the Streets, , 310 Aug. 12. Ordinance For the more effectual prevention of Smuggling, 314 Aug. 24. Ordinance Against exporting Goods without a Permit, 316 D xxvi CONTENTS. 1657. Nov. 39. Ordinance page Further regulating the Currency, 317 Dec. 3. Oedinance Against receiving Goods in Pawn for Liquor, 830 Dec. 15. Ordinance Annulling fraudulent Salea of Mortgaged Lands on the South river, 331 Dec. 15. Ordinance For the more effectual and speedy removal of Thatched Roofs, Wooden Chimneys and Hay-stacks from New Amsterdam, and for providing that City with Fire-buckets, Hooks and Ladders, . 333 Dec. 15. Ordinance Against Street broils and Fights in New Amsterdam, 334 1658. Jan. 15. Ordinance For Appraising and Assessing vacant Lots in New Amsterdam, . . 335 Jan. 15. Ordinance To oblige parties to Marry after the publication of their Bans, . . . 338 Jan. 35. Ordinance Regulating the Duties and Fees of Notaries and other OflBcers, . . 339 Ordinance Of tlie States of Holland prohibiting certain Festivitie'S, 333 March 4. Ordinance For establishing a New Village at the end of Manhattan Island, . 335 March 19. Ordinance To prevent Fraud in the shipping of Tobacco, 337 March 36. Ordinance For the better government of the Town of Flushing on Long Island, 338 April 9. Ordinance Renewing sundry Ordinances therein mentioned, 343 April 9. Ordinance Renewing the Ordinance against the Importation of Munitions of War ; against the unseasonable loading and unloading of Yachts, Ketches and Barks ; against carrying persons away without a Pass, &c., 346 April 11. Ordinance Against cutting Sods or dredging Oyster shells on Manhattan Island, within certain limits, 347 April 16. Ordinance Explaining what Goods are subject to Import Duty, 348 April 33. Ordinance Continuing the Ordinance of the 37 April, 1656, and further regu- lating the Duties payable on Imported and Exported Goods, . . 349 April 23. Ordinance Regulating the Duties and Fees of Court messengers, 351 July 2. Ordinance For the payment of Tenths, , . . 356 Nov. 11. Ordinance Making Wampum a legal Tender in certain cases, and fixing the price of Broad and Liquors, 357 Nov. 37. Ordinance For the immediate Settlement of Hacrlem, 361 Nov. 37. Ordinance For the proper Assize of Bread at Fort Orange, 361 CONTENTS. xxvii 1058. Nov. 27. Ordinance paob. For the better prevention of Fires at Fort Orange 363 Nov. 28. Obdinance Obliging Boarding-house keepers to pay Excise, 364 Nov. 28. Oedinance For the establishment of two Cattle Fairs in New Amsterdam, . . 864 Nov. 29. Ordinance Fixing the rate at which certain Debts may be paid at Fort Orange, in Wampum, 365 Dec. 30. Ordinance For the better preservation of Fences, 365 Dec. 30. Ordinance Against Firing guns, Planting May-poles, Beating Drums, or Selling Liquor on May-day or New-year's-day, 366 Sept. 27. Ordinance Against molesting Indians within the jurisdiction of Fort Orange, 306 Dec. 10. Ordinance Kegulating Tapsters ; against playing Golf in the Streets ; against piling Firewood in the Streets, and against firing Guns on New- year's-day, at Fort Orange, 367 1660. Feb. 9. Ordinance For the establishment of Villages, 368 Feb. 23. Ordinance For inclosing the Village, and for the better government of the Town of New Utrecht, 370 Feb. 26. Ordinance For the better preservation of the Palisades around the Villages of Midwout and Amesfoort, 378 April 9. Ordinance y Defining the Powers and Duties of the Schout of New Amster- ^ dam, 374 ; .; i pany.°™' txadc thc Compauy reserve to themselves. But the same shall be permitted at such places where the Com- pany have no factories, conditioned that such traders peitriea shall bc Obliged to bring all the peltry they can pro- thei&onAV cure to the Island of Manhattes, in case it may be, at any rate, practicable, and there deliver to the Direc- tor, to be by him shipped hither with the ships and goods ; or, if they should come here without going there, then to give notice thereof to the Company, that a proper account thereof may be taken, in order Du^on that they may pay to the Company one guilder for each merchantable Beaver and Otter skin ; the proi)- erty, risk and all other charges remaining on account of the Patroons or owners. Freight of XVI. All coarse Wares that the Colonists of the coarse or Goo^iS. Patroons there shall consume, such as Pitch, Tar, Weed-ashes, Wood, Grain, Fish, Salt, Hearthstone and such like things shall be conveyed in the Company's ships, at the rate of eighteen guilders per last ; four thousand weight to be accounted a last, and the Com- pany's ship's crew shall be obliged to wheel and bring the Salt on board, whereof ten lasts make a hundred. And, in case of the want of ships, or room in the ships, they may order it over, at their own cost, in ships of their own, and enjoy in these domin- ions such liberties and benefits as-the Company have granted ; but, in either case, they shall be obliged to NEW NETHERLAND. 7 pay, over and above the duty of five per cent, eigh- iSty" teen guilders for each hundred of Salt that is carried over in the Company's ships. XVII. For all wares which are not mentioned in Sf,'.|^*,gfo. the foregoing article, and which are not carried by "ef ^"'" the last, there shall be paid one dollar for each hun- dred pounds weight ; and for Wines, Brandies, Ver- juice and Vinegar, there shall be paid eighteen guilders per cask. * XVIII. The Company promise the colonists of the S^^V^^i'^om Patroous that they shall be free from Customs, Taxes, ySTrt! ^""' Excise, Imposts or any other contributions for the space of ten years ; and after the expiration of the said ten years, at the highest, such customs as the goods pay here for the present. XIX. They will not take from the service of the ?ot'o°blde- Patroons any of their Colonists, either Man or Woman, a"/ Sr ticir "' Colonists or Son or Daughter, Man-servant or Maid-servant ; and, servants; though any of these should desire the same, they will not receive them, much less permit them to leave their Patroous, arid enter into the service of another, unless on consent obtained from their Patroous in writing, and this for and during so many years as they are bound to their Patroous; after the expiration whereof, it shall be in the power of the Patroons to send hither all such Colonists as will not continue in their service, who until then shall not enjoy their liberty. And any Colonist who shall leave the service of his Patroon, and enter into the service of another, or shall, con- who, if they rpn away, trary to his contract, leave his service, we promise to ^[ilhenled"' do every thing in our power to apprehend and deliver t" theTr'iS* the same into the hands of his Patroon or attorney that he may be proceeded against according to the customs of this country, as occasion may require. XX. From all Judgments given by the Courts of Appeals. the Patroons for upwards of Fifty guilders, there may 8 LAWS OF be an appeal to the Company's Commander and Coun- cil in New Netlierland. dfv7cfuai?' XXI. In regard to such Private persons as on their landonthci? owu accouut, Or others in the service of their masters own ac- couut,; |jgj,g ^QQ^ enjoying the same privileges as the Pa- troons), shall be inclined to go thither and settle, they shall, with the approbation of the Director and Coun- cil there, be at liberty to take up and take possession of as much Land as they shall be able properly to improve, and shall enjoy the same in full property either for themselves or masters. Jf hun'tfJg XXII. They shall have free liberty of Hunting and lowiing. jiQ^jjjjg^ jjg ^(,|j i^y water as by land, generalljs and in public and private woods and rivers about their Colonies, according to the orders of the Director and Council. '^If'^i XXIII. Whosoever, whether Colonists of Patroons ani^au- for thclr Patroons, or free persons for themselves, or ponds and excinsiTO others for their masters, shall discover any shores, tifereto. bays or other fit places for erecting Fisheries, or the making of Salt-ponds, they may take possession thereof, and begin to work on them as their own absolute property, to the exclusion of all others. prfviiegid -^D'i i^ ^^ couscnted to that the Patroons of colonists codalid" may send ships along the coast of Neiv Netlierland, trade there- .; i o Sl'etc""'"^ on the Cod fishery, and with the fish they catch, trade to Italy or other neutral countries, jjaying in such Dutyoncod cascs to the Company a duty of six guilders per last ; and if they should come with their lading hither, they shall be at liberty to proceed to Italy, though they shall not, under pretext of this consent, or leave from the Company, carry any goods there, on pain of arbi- trary punishment, and it remaining in the breast of the Company to put a Supercargo on board each ship, as in the eleventh article. MiS^alJon XXIV. In case any of the Colonists should, bv his Colonies the •' ' '' Im?S°' industry and diligence, discover any Minerals, Pre- NEW NETHERLAND. 9 cions stones, Crystals, Marbles or such like, or any Pearl fishery, the same shall be and remain the prop- erty of the Patroon or Patroons of such Oolouie, giving and ordering the discoverer such premium as the Patroon shall beforehand have stipulated with such colonist by contract. And the Patroons shall f^='J™f' be exempt from the payment of duty to the Com- fSTyeaS. pany for the term of eight years, and pay only for freight, to bring them over, tvro per cent, and after the expiration of the aforesaid eight years, for duty and freight, the one-eighth part of what the same may be Avorth. XXV. The Company will take all the Colonists, as ^°^p,^"5o\° well free as those that are in service, under their °"^^" protection, and them defend against all foreign and domestic wars and powers, with the forces they have there, as much as lies in their power. XXVI. Whosoever shall settle any Colonic out of mdiantitie ■^ to lands to the limits of the Manhattcs Island, shall be obliged fillet to satisfy the Indians for the laud they shall settle upon, and they may extend or enlarge the limits of their Colonies if they settle a proportionate number of Colonists thereon. XXVII. The Patroons and Colonists shall in par- Minister, Sclioolmas- ticular, and in the speediest manner, endeavor to find com?o«er , J t .1 j_ of the Sick out ways and means whereby they may support a ^i^b/^p'"- Minister and Schoolmaster, that thus the service of God and zeal for religion may not grow cool and be neglected among them, and they shall, for the first, procure a Comforter of the sick there. XXVIII. The Colonies that shall happen to lie S°ec''t'Depu- on the respective rivers or islands (that is to say, "^'' each river or island for itself), shall be at liberty to appoint a Deputy, who shall give information to the Commander and Council of that Western quarter, of all things relating to his Colonic, and further matters relating thereto, of which Deputies there Shomtobe 2 10 LAWS OF changed ev- ery 2 years. Report of Colonies to be made. Manufac- ture of Clotlia or Ktuffs in j\ew Nether- Innd pro- hibited ; But Slaves to be pro- vided. Port on Manhattes to be fin- ished. shall be one altered or changed in every two years ; and all Colonies shall be obliged, at least once in every twelve months, to make exact report of their condition and of the lands thereabout to the Com- mander and Council there, in order to be transmitted hither. XXIX. The Colonists shall not be permitted to make any woolen, linen or cotton cloth, nor weave any other stuffs there, on pain of being banished, and being arbitrarily punished as perjurers. XXX. The Company will use their endeavours to supply the colonists with as many Blacks as they conveniently can, on the conditions hereafter to be made, in such manner, however, that they shall not be bound to do it for a longer time than they shall think proper. XXXI. The Company promise to finish the fort on the Island of the Manliattesy and to put it in a pos- ture of defense without delay. ORDINANCE Of the Director and Council of New Netlierland Prohibiting trade in Furs; Regulating intercourse with Ships in Port; Enjoining due attention on the part of Workmen ; EstabUshing Court days, and prohibiting Immorality. Passed 15 April, 1638. [N. Y. Colonial MSS. IV. 2.] Preamble. Whekbas the HoTi''"' Director and Oouucil of Netv Netlierland have ascertained that many persons, as well Indented Servants as Freemen, are pursuing a private trade in Furs and other irregular courses, in order to prevent any one at any time continuing therein and suffering damage, Therefore the aforesaid Hon'''^ Director and Council, wishing to provide there- for in time, Have interdicted and forbidden, and Do 1 Shore r Sun- down . NEW NETHERLAND. 11 hereby interdict and forbid all persons, who are sworn g^p^^j'^ Servants of the Company, be their State, Quality or Sfrurs."^* Condition what it may, from this time forward to carry on any trade in Peltry in any manner whatso- ever, on pain of forfeiting all their wages and the claims which the Contraveners have against the Com- pany, together with the confiscation of the merchan- dize which will be found with them. In like manner all Free persons not in the Com- ^eTo^^nla pany's service, shall govern themselves according to fe^r."^"'''"" the granted Charter,* and are hereby warned not to overstep the same on pain of forfeiting the goods and further of being arbitrarily punished. Moreover, no person belonging to Ships, Yachts f„%'o^^°°' and Sloops shall be at liberty to remain on shore at anlft night without the consent of the Hon'''^ Director, but on the contrary shall return on board by Sundown ; in like manner, no Boat, Craft or other Vessel shall Nomter- ' ' course with go at night from any Ship to the shore, or from the niL'Et;"' Shore to shipboard ; wherefore all Skippers and other Officers are expressly commanded to pay attention hereto, and if any person act to the contrary, he shall be punished according as the Hon'''® Director and Council shall think proper. No person shall be at liberty to go on board of any ^^^„^i^g7 Ships which may arrive from Sea, without express Biia*'"™'^" order from the Hon"'® Director. All Master carijenters. Overseers of Workmen aud nuuesof Overseers all others are expressly commanded to go to and from me^"'"'" their work at the fixed hours, and particularly to attend to those under their charge, without any loss of time, under pain of forfeiture of their monthly wages. Likewise, no Sailors shall refuse to perform any penalty on ^ ^ Sailors re- necessary work for the service of the Company ; in *^otS '" * The Charter to the Patroons. Supra, p. 1. 12 LAWS OF Court to be held every Thursday. Immorality and Crime to be pun- ished. case of default, thej' shall be punished as turbulent and seditious persons. All persons are hereby, also, notified, in case any question arise, be it Civil or Criminal, that they shall come every Thursday, being the appointed Court day, to make their complaints and to solicit Justice. Furthermore, each and every one must refrain from Fighting, Adulterous intercourse with Heathens, Blacks, or other persons. Mutiny, Theft, False Swear- ing, Calumny and other Immoralities, as in all this the Contraveners shall, according to the circumstance of the case, be corrected and punished, as an example to others. Thus done, published and posted in Fort Amster- dam on the day and year above written. No Wine to be sold, Except at the Public Store. ORDINANCE Of the Director and Council of New Netherland Against Immoderate drinliing, and Harboring seamen on shore at night. Passed 17 May, 1638. [N. T. Colonial MSS. TV. 6.] Wheeeas the Hon*"^ Director William Kieft and Council of New Netlierland have observed that much mischief and perversity is daily occasioned by immod- erate Drinking, therefore the said Hon*"^ Director atfd Council, wishing to provide against the same, have interdicted and forbidden, do hereby interdict and forbid all persons from now henceforth selling any Wine on pain of forfeiting five and twenty guilders and the Wines which will be found in their houses ; Excepting only the Store* where Wine can be procured at a fair price and where it will be issued in moderate quantity. * The Company's Store. — Tb. NEW NETHERLAND. 13 Also no person shall be allowed to lodsre at niffht Nosaiiors *^ ~ to remain or after Sundown any of the Company's servants SfgSwfth- who are detailed to the Ships or Sloops, unless with sion^"'"'" the Consent of the Hon""^ Director, under a penalty * of a like 25gl. and all seafaring persons are Com- manded to repair before Sunset on board the Ship or Sloop where they are detailed and not presume to remain on shore without permission. And whoso- penalty. ever shall act contrary, shall for the first time be fined two months' wages, aud for the second offense shall forfeit all his wages and be dismissed the Com- pany's service. Thus done at Fort Amsterdam and published the day and year aforesaid. ORDINANCE Of the West India Company against Clandestine Trade. Passed 7 June, 1638. [N. y. Col. MSS. IV. 7.] The Deputies to the Assembly of the XIX. of the Incorporated West India Company, by virtue of the Charter and the amplification thereof to the Company granted by the High and Mighty Lords States General, Make known : Whereas it has been sufficiently evident, not only preamble.;; before this time but now recently it is publicly appar- ent to all the world, that divers self interested persons in New Netlierland, indecently violating Our good Ordinances and Commands by their private and clan- destine trade and trafiSc, have acquired and converted to their own private profit, and deprived the Company Grave of, a large amount of Peltries and Skins and of better ^l'^J'%^,^ condition and quality than those purchased there and '°'^' sent over for the Company's own account, bartering them for Wares and Cargoes taken by and with them- 14 LAWS OF selves, or sent out, in the Company's own ships clandestinely, secretly and without the knowledge of the Company, whereby, on the one hand, the ships are filled and rendered incapable of carrying the entered goods of the Company and others, of the Patroons and Colonists, and on the other hand, in addition, the Company is moreover defrauded in the freight thereof. Thus have they not only in that Country spoiled the Company's trade by paying more for Skins and Peltries than the Company, which they could do, being free from all burthens and charges both of freight and crews^ and not hav- ing to defray the dayly cxpence of maintaining so many people, fortifications, and other heavy charges which the Company have to bear there, who in conse- quence either have received only a few Furs or have been forced to a like advance in price, but also in this country brought the Furs and Peltries into dis- repute and caused them to be sold at a lower price ; the Muscovy and other traders having sold out of their hands better goods and at a lower figure. Besides this, the Company have reliable information that many have exchanged their poor Furs for the Company's best Furs, or certainly bought up the best for themselves and not for the Company, all to the great and excessive damage and loss to the Company ; not once considering the loss, the immense expense incurred by the Company as well for equipments and cargoes as for the support and payment of those very people, the returns wherefrom they have deprived the Company of, and thus placed the State of Neiv Netli- erland in a considerable decay. preyions lu ordcr to provlde against this. We, therefore, renew^ed. ^ rencwiug our previously enacted Ordinances, Edicts and Commands promulgated both by Us here, and there by our Director and Council against the said private trade, have Eesolved to Ordain and enact, as NEW NETHERLAND. 15 We do hereby Ordain and enact, that, from now henceforth, no persons, of what condition or quality they may be, residing either here or within the hmits of Neiv Netlierland, shall be empowered, either in their own, or in the Company's ships, ojjenly or '^°^^°ifj^ secretly, under any cover or pretext whatsoever, to po°r?edtaul" , - . -J 1 n , ^^^ Net/ier- convey any wares or merchandizes, m the smallest or ^^g^^,. largest quantity, thither without the cognizance or ^i^l'Sll knowledge oi the Company, on pain of the connsca- fls«"oi>- tion of the said Wares, Cargoes and Merchandizes to the Company's profit ; and therefore that none of the above described persons shall carry on, at any place, ^ersS" to*^ auy private trade in Peltries, either by themselves or {lafa. '" by others, in any manner either directly or indirectly, on pain of the confiscation of the traded Peltries and arbitrary correction at the discretion of the Company, or of the Director and Council there, and, in addition, of all their Wages and monthly moneys. We charge and command, therefore, our Director and Council of New Netlierland, and all other Officers, to regulate themselves accordingly, and strictly to execute the tenor hereof, without any connivance, dissimulation or agreeSient ; And in order that no one may plead ignorance, to publish this at the accus- tomed places, and to cause it to be posted every where around there and, also, in the respective Colonies. Thus done and published in Fort Amsterdam, this 7th of June, Anno 1638. 16 LAWS OF ORDINANCE Of the Director and Council of New Netherland, authorising the issuing of Patents to Freemen for their Lands. Passed 24 June, 1638. [N. T. Col. MSS. IT. 11.] The Free people having by petition requested Pat- ents of the Lauds which they are at present culti- vating, the prayer of the Petitioners is granted, on condition that at the expiration of Ten years, after entering on their Plantation, they shall pay yearly to the Company the Tenth of all crops which God the Lord shall grant to the field; also, from this time Hois'eiotr forth, one couple of Capons for a house and lot. Patents to be Issued. Tenths es- tablished. Rule for the better curing of Tobacco, ORDINANCE Of the Director and Council of New Netherland, for the Inspection of Tobacco, and drawing up of Legal Instruments. Passed 19 August, 1638. [N. Y. Col. MSS, IV, 16.] Wheeeas it is considered necessary by the Director and Council of Netv Netherland, to frame an Order respecting the planting of Tobacco, because many Tobacco planters seek only to raise a large croj) of Tobacco, without caring much whether it be well cured or properly made, and the good reputation which our Tobacco possesses in other Countries is wholly destroyed thereby ; And in order to provide against the same, all persons are, therefore, hereby notified, warned and commanded to make well conditioned Tobacco, carefully to remove all superfluous leaves, and to apply as little water as possible to well cured Tobacco, and even to that which is spun. Also, that all the Tobacco which shall be shipped or sent from New Netherland, shall be first brought to the appointed NEW JSTETHERLAND. 17 Warehouse to be there examined, marked and weighed, ^"f^^^'t^^ and in order, likewise, that the duties of the Com- "'"' Duty on Tobacco. marked. pany on all exported goods be paid, to wit: Five of Export every 100 lbs., according to the tenor of the granted Freedoms of the Company; For which purpose We have appointed Inspectors who shall make the exami- J^p^'^^ nation thereof and receive the Duties thereon, and whosoever shall act contrary hereunto shall forfeit all his Tobacco, and shall be, furthermore, arbitrarily punished. Likewise, that, from now henceforward, no Instru- f^^F'^ ments, whether Contracts, Obligations, Leases or Bills ?rlwn'u°pby ' <^ ' the Provin- of Sale, or such like Writings, of what nature soever ^y^^'^ they be, and concerning which any dispute may arise, shall be held valid by the Director and Council, unless they shall be written by the Secretary of this place. Let every one take warning and save himself from damage. Thus done and published in Fort Amsterdam this 19th of August, 1638. ORDINANCE Of the Director and Council of New Netherland, for the recovery of Public property ; protection of private Gardens and Henroosts, and prohibiting persons in the public service quitting the Island of Man- hattan without permission. Passed 25ih November, 1638. [N. Y. Col. MSS. IV. 25.] Whereas the Director and Council of New Nether- Preamwe, land have ascertained that there are persons here who seek to enrich themselves with the Company's prop- erty and effects, appropriating the same to themselves as if they were their own substance, and Whereas such tends to the prejudice of the Hon"'^ Company, all persons, therefore, who have yet any property in pabuc their hands belonging to the ComiJany, be it great b^^ra^r^ 18 LAWS OF within eight days. Penalty for retaining Public prop- erty. Eeward for the discov- ery of those who plun- der Gardens or steal Poultry. Those in the service of the Com- f>any not to eave the Island of Manhattan without leave. or small, are warned the same to return within the space of eight days, unless they have purchased it from the former Hon"'" Directors, without which proof no excuse shall be admitted ; And if it be here- after found that any one is in possession of property belonging to the Company, such shall suffer the pun- ishment usually administered to Thieves and Bobbers who steal their Lords' effects. And whereas complaints are made that the Gardens of many persons have been robbed and their Poultry taken away, if there be any one who can give infor- mation of the Thieves, he shall be paid by the Hon*"'* Director five and twenty guilders as a reward, and be pardoned if an accomplice and his name concealed. Likewise, every one of the Company's servants, of what rank or quality soever he may be, is commanded not to quit the Island of Manhattan, without the express permission of the Hon"" Commander. Who- soever shall be found to have acted contrary hereunto shall forfeit three months' Wages. Thus done in Council and on this date, being the 25th 9ber, published and posted in Fort Amsterdam. ORDINAISrCE Of the Director and Council of New Nettierland, prohibiting the sale of Firearms, etc., to Indians, and requiring Vessels saiUng to or from Fort Orange, the South River, or Fort Hope, to take out clearances. Passed 31 March, 1G39. [N. T. Col. MSS. rV. 36.] Preamble. Wheeeas the Director General and Council of Neiv Netherland have observed that many persons, both Servants of the Company and Inhabitants, have, contrary to the orders and commands of their High Mightinesses the Lords States General and the Incor- porated West India Company, presumed to sell to NEW NETHERLAND. 19 the Indians in these parts, Guns, Powder and Lead, ■which hath already caused much mischief, and if no means be adopted by Us here to prevent the same, would hereafter entail nothing else than greater evil ; Therefore every Inhabitant of Neiv Netherland, be woouns nor ammu- his state, quality or condition what it may, is most Sjilf to'° "* expressly forbidden to sell any Guns, Powder or Lead ^'"*^'"- to the Indians, on pain of being punished by Death, penalty and if any one shall inform against any person who shall violate this Law, he shall receive a reward of Fifty guilders. Furthermore, all persons are hereby notified that veweis^^ no one shall undertake to sail with Boats or other 12."?™^? Vessels to Fort Orange, the South River, or Fort Hope, aSoes."" without a permit from the Hon"'^ Director, and on coming thence, bringing with him a clearance from the Commissary residing at the aforesaid place on the part of the Company ; And in case it be found that any one has been at the places abovenamed with- out the aforesaid order, such Vessel and'the Wares Penawyfor ' neglect. laden therein shall be confiscated to the use of the Company, and the person shall, in addition, be mulcted in such sum as, according to the merits of the case, shall be deemed proper. And all our dear and faithful Commissaries who have authority at the places where these presents are sent, are ordered and commanded the same to affix at the usual place, so that their contents may be known to every one and each be on his guard against damage. Thus done and published in Fort Amsterdam this 31st of March, Anno 1639. 20 LAWS OF Houra for labor. ORDINANCE Of the Director General and Council, for the regulation of the Work- men in the Public Service. Passed 11 August, 1C39. [N. T. Col. MSS. rv. 46.] Whereas the Hon"^ Director and Council daily- observe that many of the Mechanics and Laborers in the Company's service do not perform their bounden duty by working, but spend much time unprofitably ; yea, frequently lose whole days, all which tends to the great injury and damage of the Company. Every one whom these may concern is hereby noti- fied to repair to his work when the Bell rings, and there to perform his duty until the Bell rings again Penalty for to break off, ou palu of paying double the loss, for neglect. the benefit of the Fiscal and whomsoever it shall behoove. Therefore, have We ordained and do hereby appoint Gillis de Vooclit to be Commissary of the Workmen, and daily to superintend them and continually to go around, and to note those who are in default and report their names to Us. Done in Fort Amsterdam this 11th of August» Anno 1639. Overseer of Workmen. NEW NETHERLAND. 21 ORDINANCE Of the Director and Council of New Netherland, fixing the price of Duffels. Passed 22 September, 1639. [N. T. Col. MSS. IV. BO.] The Director and Council hereby give notice to all ^Ifft?"^ the Inhabitants within our Limits that they are for- i>Sffe\s? bidden to take less than 12 skepels of Maize from the Indians for a coat of Duifels, until a fixed price for the Heathens shall be established by the Director. All persons shall regulate themselves accordingly, penalty. Whosoever will be found acting contrary hereunto shall pay a fine of 100 florins and forfeit during his life the privilege of trade. Let every one guard against damage. ORDINANCE Of the Director and Council of New Netherland, against Trespa-ssing. Passed 15 March, 1640. [N. r. Col. MSS. IV. 58.] Whereas many complaints are daily made to us Preamwe. of the damage and loss done to the Cornfields by the Goats and Hogs, against which Fences and Eails are of no avail, which tends to the injury of the cultiva- tion of Corn and to the Company's damage ; And whereas throughout the world the custom is for those who own Cattle to herd or take care of them, so in ^^p^,*?' case any Goats or Hogs are found in the Cornfields, '°^' there shall be paid for the first time for each Goat or Hog, ten stivers; for the second time one guilder, and for the third time 40 stivers, and in addition the Farmer's damage shall be made good before the Goats are released. Thus done in our Council and published in Fort Amsterdam in Neiv Netherland, this 15th of March, Anno 1640. 22 LAWS OF OBDINANCE Of the Director and Council of New Netherland, against Trespasses on Indian Maize Lands. Passed 9ih May, 1640. [N. T. Col. MSS. IV. 60.] prea Whereas many complaints are daily made by the Indians that their Corn hills are trampled under foot and uprooted by Hogs and other Cattle, and conse- quently great damage is done when the Maize is growing, whence it will follow that the Maize will be dear at the time of the Harvest and our good people suffer want, the Indians be incited to remove and to entertain feelings of hatred against our Nation, aud thus through our perverseness, combine the one with the other, which we are most expressly ordered by Trc5pa.ssing the Hon"^ Lords Directors to prevent; Wherefore, p?owbiud baving duly weighed the matter. We the Director and Council of Neiv Netherland, hereby charge and command all our Inhabitants, whose lands lie con- tiguous to Indian plantations, to take due care of their Horses, Cows, Hogs, Goats and Sheep, and to^SmTde PJ'^'^^'i* them, by fences or otherwise, damaging the corn of the Indians, on pain of making good the damage, and of incurring the penalty, payable to the Fiscal, according to the Edict published on the 15th March last. Let every one be warned and take heed against loss. Thus done and ordained on the Island of Manhat- tan, in Fort Amsterdam, the 9th May, 1640. good. NEW NETHERLAND. 23 ORDINANCE Of the Director and Council of New Netherland, providing for the Arming and mustering of the Militia in case of danger. Passed 9 May, 1640. [N. T. Col. MSS. IV. 61.] The Hob"' Director and Council have considered SproVwf it advisable to ordain that the Inhabitants residing withGumf at and around Fort Amsterdam, of what state, quality or condition soever they be, shall each provide himself with a good gun and keep the same in good repair and at all times ready and in order ; and as they live at a distance the one from the other, every warned person is placed under his Corporal in order that in time of danger he may appear at his post with his gun. Should it happen, which God forbid, that any mischief occur either from enemies or traitors at night, the people si|^ajs •■> will be notified by the discharge of three cannon fired '^°^"' in quick succession ; and if by day, means will be found to give warning to every one, who is commanded thereupon to repair instantly to his Corporal at the place appointed and then to adopt such measures as the exigency of the case shall require, on pain of I'e'^'y- being fined Fifty guilders. 24 LAWS OP ORDINANCE Of the Director and Council of New Netherland, against Fugitives from Service, and providing for the proper drawing up of Legal Instruments. Passed 9 August, 1640. [N. Y. Col. MSS. rv. 73.] Preamble. Whbeeas many Servants daily run away from their Masters, whereby the latter are put to great incon- venience and expense ; the Corn and Tobacco rot in the field and the whole Harvest is at a stand still, which tends to the serious injury of this country, to their Masters' ruin and to bring the magistracy into foTwddmto contempt, We, therefore, command all farm and run away. jjQ^gg gervauts faithfully to serve out their time with their Masters according to their contracts and in no manner to run away, and if they have any thing against their Masters, to come to Us and make appli- ration to be heard in due form of Law, on pain of Penalty. being puuishcd and of making good all losses and damages of their Masters and serving double the time they may lose. Fugitives We do, also, forbid all inhabitants of New Netlier- tehS?-"" land to harbor or feed any of these Fugitive Servants under the penalty of Fifty guilders, for the benefit i for the Informer; J for the New Church and i for the Fiscal. feeai And Whereas many abuses daily occur in conse- Saw's up' queuce of the writing of Promissory notes and other retail, v^'a. instruments by Private persons, We do therefore declare from this date annulled all Obligations and other Instruments which shall not be drawn up by the Secretary here or by other person appointed here- unto. NEW NETHERLAND. 25 ORDINANCE Of the Director and Council of New Netherland, against tapping Beer, &c. during Divine service, or after Ten o'clock at night; against using any but the Amsterdam measure, and for fixing the price of Beer. Passed 11 April, 1641. [N. T. Col. MSS. IV. 90.] Whereas complaints have been made to us that preamble. some of the Inhabitants here are in the habit of Tap- ping Beer during Divine Service, and of making use of small foreign Measures, which tends to the dis- honor of Eeligion and the ruin of this State, "We being desirous to make provision herein, do, there- fore, Ordain that no person shall attempt to tap Beer No^Liquora or any other Strong drink during Divine service, or ^"[i°&Pe™i'oe to use any other Measure than that which is in com- o'c^ioc"'"' mon use at Amsterdam in Holland, or to tap for any Amsterdam Measures person after Ten o'clock at night; neither sell the Sse'I'"'"' Yaen, or four pints, at a higher price than Eight Stivers; all on pain of forfeiture of the Beer and Five and Twenty guilders for the benefit of the Fis- penalty. cal, with three months' exclusion from the privilege of Tapping. 26 LAWS OF Rate of unpolished, And well polished Wampum. ORDINANCE Of the Director and Council of New Netherland, regulating the Cur- rency of Wampum. Passed 18 April, 1641. [N. T. Col. MSS. IV. 90.] Whebeas very bad Wampum is at present circu- lating here, and payment is made in nothing but rough, unpolished stuff which is brought hither from other places, where it is 50 per cent cheaper than it is paid out here, and the good, polished Wampum, commonly called Manhattan Wampum is wholly put out of sight or exported, which tends to the express ruin and destruction of this Country ; In order to provide in time therefor, We do, therefore, for the public good, interdict and forbid, all persons of what state, quality or condition soever they may be, to receive in payment, or to pay out, any unpolished Wampum during the next month of May except at Pive for one stiver and that strung, and then after that Six beads for one stiver. Whosoever shall be found to have acted contrary hereunto, shall provis- ionally forfeit the Wampum which is paid out and 10 guilders for the Poor, and both payer and payee are alike liable. The well polished Wampum shall remain at its price as before, to wit. Four for one stiver, provided it be strung. FREEDOMS MJ) PEIYILEGES Granted by the Director and Council of New Netherland to English Settlers. G June, 1041. [N. Y. Col. MSS. IV. 93.] Whereas a considerable number of respectable preamwe. Englishmen with their Clergyman, have applied to us for permission to settle here and to reside under us, and requested that some Articles might be offered to them, We have therefore Eesolved to communicate the following Articles to them. I. They shall be bound to take the Oath of Alle- EnKiish ■' Settlers giance to the Noble Lords States General and the oat'hol-"'^ West India Company under whose protection they ^^"^''''™'^''' will reside. II. They shall enjoy free exercise of Eeligion. EeiSs III. With regard to Political Government ; if they ^'^^ °'^'' desire a Magistracy, they shall have the privilege of And to ^ A c:- nominate nominating three or more persons from the fittest M^^totra. among them, from which nomination the Governor of New Netherland shall make the election. Which Magistrate shall be empowered in all Civil Actions «" thSr"°° to adjudge definitively as high as Forty Guilders ; '^""^' beyond that an appeal may be made to the Governor and Council of New Netherland ; and in Criminal cases, to Corporal punishment (tot hloetlaten toe). IV. They shall not be at liberty to erect any Forts, f^ectrorts. without permission. V. The land shall be shown to them free of expense, to be exempt and they shall cultivate it ten years in full propriety, f™'^^™"" without paying any rent, and at the expiration of ^^^"' the said Ten years they shall pay the Tenths. 28 LAWS OF To be allowed free hunting and fishing. To use Dutch Weights and Measures. VI. They shall enjoy free hunting and fishing and freedom of Trade, according to the privilege of New Netherland. VII. They shall be bound to make use of the Weights and Measures of the Country. ORDINANCE Indian mur- ders on Staten | ) Island. Friendly Indians called on to take up arms Rewards for heads of Raritan Indians. Of the Director and Council of New Netherland, offering a reward for the Heads of Raritan Indians. Passed 4 July, 1641. [N. Y. Col. MSS. rv. 97.] Wheebas the Indians of the Raritan are daily exhibiting more and more hostility, notwithstanding they have, by a messenger, solicited peace of Us which we consented to, and permitted him to depart unmo- lested, on the promise to notify unto Us, within twelve days, the resolution of his Chief, which has not been done; the same Indians, who had experienced every friendship at our hands, having in the meantime, on the plantation of Mess" De Tries and David Pietersen, partners, situate on Staten Island, murdered four Tobacco planters, and set fire to the dwelling and tobacco house, whereby the Planters, Farmers and other outlying remote settlers stand in great danger of life and property, which We, under existing circum- stances, in consequence of the density of the forest and small number of men, cannot prevent; We have, therefore, esteemed as the best means and considered it expedient to encourage the Indians, our allies here- about, to take up arms, in order thus to cut off any stray parties who must pass through their territory so that they cannot accomplish any thing against our Bouweries and plantations without danger, or at least without being discovered ; And in order to incite them the more, we have promised them. Ten fathoms of Wampum for each head of the above mentioned NEW NETHEELAND. 29 Earitans, and 20 fathoms of Wampum for every head of the Indians who have most barbarously murdered our people on Staten Island. ORDINANCE Of the Director and Council of New Netherland, establishing an annual Fair at New Amsterdam. Passed 30th September, 1641. [N. T. Col. MSS. IV. 101.] Be it known hereby to all persons, that the Director Fairs estab- and Council of New Netherland have ordained that henceforth there shall be held annually at Fort Anv- sterdam a Cattle Fair on the 15th of October, and a J^/n'o''^ fair for Hogs on the 1st of ISTovember. Whosoever hath any thing to sell or to buy can regulate himself accordingly. Done 30th September and affixed at said Fort. lished. beld. ORDINANCE Of the Director and Council of New Netherland, prohibiting the pur- chase of produce raised near Fort Hope. Passed 3d April, 1642. [N. Y. Col. MSS. IV. 119.] Whereas our territory which we purchased, paid Preamble. for and took possession of, provided in the year 1633 with a Blockhouse, Garrison and Cannon, on the Fresh Eiver of Neiv Netherland, a long time before any Christians were in the said Eiver, hath now, for some years past, been forcibly usurped by some Jfj?"*^^ Englishmen and given the name of Hartford, not- liTCr, withstanding we duly protested against them ; who, moreover, treat our people most barbarously, beating And m treat them with clubs and mattocks, even unto the shedding of blood ; cut down our corn ; sow the field by night which our people ploughed by day ; haul home by force the hay which was mowed by our people ; cast 30 LAWS OF Notwith- standing kind acts of the latter. Inhabitants of Neui Netherland not to pur- chase pro- duce raised near iy)rt Mope, Owners of New England produce to. declare on Oath where it was grown. our plougli into the river, and forcibly impound our horses, cows and hogs, so that no cruelty, insolence nor violence remains which is not practiced toward us, who, yet, have treated them with all moderation ; Yea, even at great hazard, have redeemed and sent back home, their Women, who were carried off by the Indians ; And although we are commanded by the States General, his Highness of Orange and the Hon"^ West India Company to maintain our Limits au(^ to assert our Eight by every means, which We, also, have the power to do, yet rather have We chosen patiently to suffer violence, and to prove by deeds that we are better Christians than they who go about there clothed with such outward show, until in its time the measure shall be entirely full. Therefore, our order and command provisionally is, and We do hereby Ordain that our Inhabitants of New Netlierland be most expressly forbidden from purchas- ing, either directly or indirectly, by the third or second shipment, or in any manner whatsoever, any produce which has been raised on our land near Fort Sope on the Fresh Eiver, on pain of arbitrary correction, until their rights, are acknowledged and the sellers of the produce which shall arrive from our Fresli Eiver of Neiv Netlierland and from New England shall first declare upon oath where the produce has been grown, whereof a certificate shall be given them, and there- upon every one shall be at liberty to buy and to sell. All persons are hereby warned, so that no one may hereafter plead ignorance, and let all be on their guard. Thus done in Council and published^at Fort Am- sterdam. NEW NETHERLAND. 31 ORDINANCE Of the Director and Council of New Netherland, imposing certain Import and Export Duties. Passed 3d April, 1642. [N. Y. Col. MSS. IV. 120.] Whereas all the subjects of the High and Mighty preamwe. Lords States General, who pursue their trade or com- merce here in New Netherland, are bound to pay, before they can ship their goods, a duty of Ten per cent to the AVest India Company in Holland, which was granted said Company by their High Mighti- nesses in consideration of the great War which the jjou^^e \yest India Company is carrying on and the heavy expense it has to bear; And the Hon''"' Directors have learned that many goods are brought hither from divers places which have not paid the Duty, which tends to the serious injury of the Hon"" Company and the great damage of the good Inhabit- ants of New Netherland who have to bear a heavier burthen than even Foreigners; Wherefore we are peremptorily commanded to collect said Duty here from all imported Goods which have not paid any thing in Holland, Brazil, Guinea or the West Indies, and from exported Goods what is authorized by the Freedoms granted to this Country. Therefore, we have Ordained and enacted, as we gsg^f^^ do hereby Ordain and enact, that from now hence- lad°^°'' forth all persons who import here any Wares for sale, shall enter their Goods and pay a just Tenth part either in the kind of Wares or in Money, and on the exported Goods, according to the List set forth in ^^'i^xport the Freedoms, to the Keceiver of the Company's rfeedoma, to be revenues, or whomsoever shall be appointed thereto, <:o"e'='«'i- on pain of the forfeiture of said goods not only by penalty. the seller but by the purchaser or the parties in whose hands they may be found. Thus done, published and affixed in Fort Amster- dam. Dated as above. 32 LAWS OF ORDINANCE Preamble. No Stran- gers to be Larbored. Names of Btrangers to be recorded. Penalty for neglect. Of the Director and Council of New Netherland, against harboring Fugitive Servants. Passed 13 April, 16l2. CN. Y. Col. MSS. IV. 132.] Wheeeas many persons come here in New Netlier- land daily, both from New England and Virginia, who frequently carry their passports under foot and have run away from their Masters, and afterwards occasion much trouble here, as appears by several instances within a short time; Therefore, to prevent all dis- order, We have interdicted and forbidden, as we do hereby most expressly interdict and forbid, all our good inhabitants here, from this time henceforward, lodging any Strangers in their houses, or furnishing them more than one meal and harboring them more than one night, without first notifying the Director and having their names recorded, so that it may be known what sort of people are here, and whence they come ; upon the penalty of Fifty guilders and being responsible for what the person whom they harbor may commit. Let every one be warned hereby and save himself from damage. Thus done in Our Council and published in Fort Amsterdam. Dated as above. NEW NETHERLAND. 33 ORDINANCE Of the Director and Council of New Netherland against drawing a Knife and inflicting a Wound therewitli. Passed 11 July, 1642. [N. t; Col. MSS. rv. 129.] Whereas we hear daily, God he p us, of many Preamwe- accidents, caused for the most part by quarrels, drawing of knives and fighting, and the multitude of Taverns and low Groggeries, badly conducted, together with the favorable opportunities which all turbulent persons, Murderers and other Lawless peo- ple have for running away and consequently escaping condign punishment, wherein we would willingly make provision so as to prevent, as much as possible, all harm ; Therefore, We hereby Ordain, decree and enact, gl^^^ISS agreeably to the Ordinance made last year in Holland prohibit'^ by the High and Mighty Lords States General, that no one shall presume to draw a knife much less to wound any person, under the penalty of fl.50, to be ^e-^'y- paid immediately, or, in default, to work three months with the Negroes in chains ; this, without any respect of persons. Let every one take heed against damage and be warned. Thus done in Council and published. Dated as above. 5 34 LAWS OP Preamble, Penalty for Delauits ORDINANCE Of the Director and Council of New Netlierland against Defaults. Passed 16 Odoher, 1G42. [N. Y. Col. MSS. rV. 143.] Whereas mncli loss of time occurs in Snits on the part of defendants, who for trifling reasons neglect to appear, thus leaving Default to be entered against them, which tends to bring the Court into disrepute, We, therefore Ordain, as we do hereby Ordain, that from now henceforth there shall be paid for the 1st default G stivers ; for the 2d defiiult 12 stivers, and for the 3d and last default, condemnation. Thus done in Council. Dated as above. Preamble. No liquor to be sold to iDdians. Penalty. ORDINANCE Of the Director and Council of New Netherland against selling intoxicating Liquors to Indians. Passed 18 June, 1643. [N. Y. Col. MSS. rV. 169.] Whekbas large quantities of strong liquors are daily sold to the Indians, Avhence serious difficulties have already arisen in this Country, and further calamities, it is apprehended, will be occasioned ; in order to prevent the same, as much as possible, We, the Director General and Council of New Netherland do, therefore, forbid all Tapsters and other Inhabitants, from now henceforth, to sell, directly or indirectly, by themselves or others, any liquors to Indians. If any one shall be found to have acted contrary here- unto, he shall for the first offence forfeit fl.25 ; for the second offence, double, and for the third time be arbitrarily corrected. Thus done and published in Fort Amsterdam on the day and year aforesaid. NEW NETHERLAND. 35 ORDINANCE Of the Director and Council of New Netherland against harboring Fugitive Servants. Passed 18 June, 1G4;3. [N. T. Col. MSS. rv. 169.] This is a Renewal of the Ordinance of the 13 April, 1642. Supra, p. 32. ORDINANCE Of the Director and Council of New Netherland regulating the Burgher guard. Passed 19 November, 1643. [N. Y. Col. MSS. rv. 180 ] 1. If any one, on the Burgher guard, take the name penalty for of God in vain, he shall forfeit for the first offence 10 ]^'^f<" ° God m Tain stivers ; for the second, 20 stivers, and for the third time, 30 stivers. 2. Whosoever on the Burgher guard speaks ill of a f°^^^^- comrade, shall forfeit 30 stivers. "^°' 3. Whosoever comes fuddled or intoxicated on For being drunk on guard, shall, for each offence, pay 20 stivers. Who- b'^^'^- soever is absent from his watch, without lawful reason, shall forfeit 50 stivers. 4. After the watch is duly performed, and daylight iScbSrging is come, and the reveille beaten, whosoever discharges gj^i^y- his gun or musket, without orders of his Corporal, shall pay one guilder. The 16 9ber, 1643. 36 LAWS OF ACT Petition of certain Negroes to be liberated ft-om Slavery. Said NepToea and tbeir Wives declared ttea Condltlosa, Of tne Director and Council of New Netherland emancipating certain Negro Slaves therein mentioned. Passed 25 February, 1644. [N. Y. Col. MS3. rv. 183.] We, William Kieft and Council of New Netherland having considered the petition of the Negroes named Paulo Angola, Big Manuel, Little Manuel, Manuel de Gerrit de Reus, Simon Congo, Anthony Portugis, Gra- cia, Peter Santomee, Jan Francisco, Little Anthony, Jan Fort Orange, who have served the Company 18 a 19 years, to be liberated from their servitude, and set at liberty, especially as they have been many years in the service of the Hon"'^ "West India Com- pany here, and have been long since promised their Freedom ; also, that they are burthened Tvith many children so that it is impossible for them to support their wives and children, as they have been acciis- tomed to do, if they must continue in the Company's service; Therefore, We the Director and Council do release, for the term of their natural lives, the above named and their Wives from Slavery, hereby setting them free and at liberty, on the same footing as other JFree people here in Nejv Netherland, where they shall be able to earn their livelihood by Agriculture, on the land shewn and granted to them, on condition that they, the abovenamed Negroes, shall be bound to pay for the freedom they receive, each man for himself annually, as long as he lives, to the West India Company, or its Deputy here, thirty skepels of Maize, or Wheat, Pease or Beans, and one Fat hog, valued at twenty guilders, which thirty skepels and the hog they, the Negroes, each for himself, promises to pay annually, beginning from the date hereof, on pain, if any one of them shall fail to pay the yearly tribute, he shall forfeit his freedom and return back into the NEW NETHERLAND. 37 said Company's slavery. With express condition, j;;™^^^^^ that their children at present born or yet to be born, slSvra'land shall be bound and obligated to serve the Hon'"" West India Company as Slaves; Likewise that the abovenamed men shall be obliged to serve the Hon'''® ■">« ™™ *» o serve, wneD West India Company here, by water or on land, fl?w^ where their services are required, on receiving fair wages from the Comx)any. ^ Done 25 February, 1644, in Fort Amsterdam in New Netherland. ORDINANCE Of the Director and Council of New Netlierland for the Construction of a public Inclosure on the Island of Manhattan. Passed 31 March, 1644. [N. T. Col. MSS. IV. ISC] Whereas the Indians, our enemies, daily commit preamwa. much damage, both to men and cattle, and it is to be apprehended that all the remaining stock which will be driven out will be destroyed by them, and that the lives of many Christians will be lost who daily would go out to look the cattle up, It is, there- fore, decreed by the Director and Council that there shall be constructed a Fence, Palisade, or Clearing, inciosoreto be erected beginning from the Great Bouwery to Emanuel's plan- protection tation, and every one who owns cattle and shall desire to have them pastured within this clearing, is warned to repair thither with tools on next Monday morning, being the 4th of April, at seven o'clock, in order to assist in constructing the said Fence, and in default thereof, he shall be deprived of the privilege of pas- turing his cattle within said inclosure. Let every one take notice hereof, and communicate it to his neighbor. Thus published and posted on the day aforesaid. 38 LAWS OF Preamble. ORDINANCE Of the Director and Council of New Netherland against depositing Ashes, or committing any nuisance within Fort Amsterdam. Passed 7 June, 1644. [N. Y. Col. MSS. rv. 191.] The Hon"® Director General and Council of Neiv Netilierland having observed that Soldiers and others, residing in Fort Amsterdam, deposit ashes and other filth -within the Fort. We, therefore, make known unto all and every one that from now henceforward, SoTiSfsan'e Ashcs and other dirt shall be convej^ed outside the wSport Fort, and that no one shall make water within the Fort, and if any one be caught by the sentinel in the act, he shall pay to him or the Provost three stivers for each offence, and if he refuse to pay, the sentinel or Provost shall be empowered to levy execution on the offenders. Asbes to be removed Amster- dam. Penalty. ORDHSTANCE Of the Director and Council of New Netherland for Levying an Excise on Liquors and Beavers. Passed 21 Jmie, 1G44. [Hoi. Doc. m. 130.] Whereas the general War which we have been forced to wage against the surrounding Indians hath obliged us, in order to preserve the Country, to employ an extraordinary number of Soldiers, who must necessarily be paid, as well as other heavy expenses caused by the War; to accomplish which we have spared none of the available means of the jgoQbie West India Company, but have, in addition, been obliged to raise as much money as we could obtain on Bills of exchange drawn on the Hon"'" Directors; and Whereas, We are now devoid of ail means, and despair of immediately receiving any NEW NETHERLAND. 39 31 assistance from Holland, in this our necessity; There- fore We are constrained to find out some plan to pay the Soldiers, or else We must dismiss them, which according to all appearances, will lead to the utter ruin of the country, especially as the Harvest is at hand whereby people must live and fodder be pro- cured for the remaining cattle; for neither grain nor hay can be cut without Soldiers. These matters being duly considered, and all things being duly weighed, with the advice of the Eight Men chosen by °,?t?;e'i'i|ht the Commonalty, no better nor more suitable means tafnbu"es imposed, can be found in the premises, than to impose some Duties on those articles from which the good inhabit- ants will experience least inconvenience, as the scarcity of money is suflBciently general. Therefore We have enacted and Ordained, and do hereby enact and Ordain, that there shall be paid o^Beer, on each half barrel of Beer tapt by the Tavern Keep- ers, two Guilders, one-half payable by the Brewer and one-half by the Tapster; the Burgher who does not retail it, to pay half as much ; on each quart of '^^^^^''^l^^ Spanish Wine and Brandy, four Stivers; French Wine, two Stivers, to be paid by the Tapsters; on each merchantable Beaver, purchased within our limits, seavera. and brought here to the Fort, one guilder; the three- quarters and halves in proportion. All on pain of Penalty. forfeiture of the goods, to be recovered by the Officer or Collector to be thereunto appointed; one^third for the Informer, one-third for the Oflicer and the remainder for the Hon"'" Company. All this provi- sionally, until the good God grant us Peace, or We receive sufficient succor from Holland. Ady 21 June, A° 1644, in Neiv Netherland. 40 LAWS OF ORDINANCE Of the Director and Council of New Netherland for Further levying an Excise on Beavers and Boer. Passed 4 August, 1644. [N. T. Col. MSS. rv. 198.] Preamble. Whekeas bj this War wliich We are obliged to wage and still carry on against the Indians, We find ourselves wholly without goods and effects, not know- ing of any means to feed or to maintain the Soldiers ; and Whereas a goodly number of Soldiers have been sent to our assistance from Curacao, whom, indeed, we might well have excused ourselves from accept- ing, were it not that the necessity of the Country demanded their aid, and the Commonalty insisted on it; Therefore it is deemed adviseable to retain a large number of them here, and as it is impossible for the Director to provide them with Clothing, the Store being entirely empty, the Winter at hand, and as nothing can be effected with naked Men, who, on the contrary are a heavy burthen on us, no other means are, therefore, found available than to impose StawLhed, some Excise on Goods wherein those deal who only attend to their business whilst others suffer most serious losses. Wherefore it is Ordained provisionally (until succor is obtained from Holland) that each Merchantable On Beavers, geavcr bciug at, or coming here to the Fort, shall pay fifteen stivers once for all. And in order to pre- vent all frauds, all the Beavers on which the duty is be^ST^ed, paid, shall be marked with the Company's mark by cSnS^ the Officer thereunto appointed, and such Beavers as shall be discovered, three days after the publication hereof, to be unmarked, shall be confiscated. When they are exported, a certificate will be given to the Merchant that the Duty on them has been paid to the Company. NEW NETHERLAND. 41 Also, that from now henceforward there shall be Excise on Beer. paid on each tun of Beer, three guilders, payable by the Brewer, on condition that he shall be allowed to sell his beer at fl.22 to the Tavern Keeper, and the Tavern Keeper again at nine stivers for two quarts (de vaen). And all the Brewers shall be bound to inform the Brewers to return Eeceiver how many tuns of Beer they have brewed 8?e5^^ each time, before it is removed from the premises. Thus done by the Hon*"" Director, Johannes La Montange, the Fiscal, Oapt. William Cornelissen, Bas- tiaen Crol, and Capt. Jan de Fries, and published the day and year aforesaid. ORDINANCE Of the Director and Council of New Netherland against Harboring certain persons. Passed 25 Avgust, 1644. [N. T. Col. MSS. IV. 200.] The Director and Council of Netv Netlierland make Huybert Jansen and known to all persons that they shall not harbor nor cu'dstoVei- give any food to Huybert Jansen and Micliiel Chris- ^^lihSt^^^ toffelsen on pain of forfeiting One hundred guilders, and the aforesaid persons are summoned to make ^"^"ea"!* their appearance within four and twenty hours to prove their innocence. Ady 25 August, 1644. 6 42 LAWS OF CHARTER Preamble. Names of Corpora- tors. Boundaries ot Town. 100 families to be settled Granted by the Director and Council of New Netherland to the Town of Hempstead, 16 November, 1644. [N. T. Deed Book, III. 100.] Know all men whom these P'sents may any Wayes concerne, That "Wee, William Kieft, Esq'' Governo' Gen"" of the Province called the Neiv Netherlands, with the Councell of State there established, by Vertue of a Commission under the hand and Seale of the High and Mighty Lords, the Estates Generall, of the united Belgiclc Provinces, and from his High- nesse, Fredriclc Hendriclc, Prince of Orange, and the Eight Hono*"' Lords, the Lords Bewint Hebbers of the west India Company, Have given and graunted, and by vertue of these p''sents, Wee do give and graunt unto Robert Fordliam, John Sticlcland, John Ogden, John Carman, John Laurence and Jonas Wood, with their Heires, Executors, Administrato" Succes- sor^ or Associates, or any they shall joj^ue in associacon with them, a certaine quantity of Land, with all the Havens, Harbo''^ Eivers, Creekes, Woodland, Marshes, and all other Appurtenances there unto belonging, lying and being upon, and about a certaine place, called The Great Plaines on Long Island, from the East Eiver to the South Sea, and from a certaine Farbo"^ now comonly called and knowne by y^ name of Hempsteed Bay, and so westward as farr as Mathew Garretson^ s Bay, to begin at the head of the said two Bayes, and so to run in direct Lines, that there may bee the same Latitude in breath on the South side as on the North, for them the said Patentees, Actu- ally, really, and perpetually to Enjoy, in as large and ample manner as their own free Land of Inheritance, and as farre Eastward, in case the said Patentees and their Associates shall procure One hundred ffamelyes NEW NETHERLAND. 43 to settle downe w**" in the said Limitts, five yea" after within 5 * years. the date hereof; Giving and Graunting, And by Vertue of these f°',fowS P'sents, wee do give and grauntunto the said Paten- towm' tees and their Associates, with their Heires and Saccesso"^ fall Power and Authority, upon the said Land to Build a Towue or Townes with such neces- sary ffortifications as to them shall seem expedient, J^urchM; with Temple or Temples, and to use & Exercize the reformed Eeligion, which they professe, with the F?eedomof Ecclesiasticall Discipline there unto belonging; faH'^^""' Likewise giving and graunting, and by vertue of these p sents wee do give and graunt, to the said Patentees, their Associates, Heires and Successo" full Power and Authority to Erect a Body Politique, or ^°„''^""'"''' Oivill Oombiuacou, amongst themselves, and to nomi- pow"r'to '"" nate certaine Magistrates, one or more, under the ^^iki^^;"'^ number of Eight, of the Ablest, discreetest, approved honest men, and him, or them, annually to present to y= Goveruo'' of this Province, for the time being, for him the said, the Governo'' Gen''" for the time being, to Elect and Establish them, for the Execucon of Governm' amongst them, as well Civill, Politicall as Juridlcall, with full Power and Authority for them, the said Magistrate, or Magistrates, to call a Court, gy^ug^ed. or Courts, so often as they shall thinke expedient, and to hold Pleas in all Cases, as Criminall as g^n^'^'''^'''^- Civil], and to make an Officer under them to keepe a Eecoi'd of their proceedings, with Power likewise for them, the said Magistrate, or Magistrates, with the Magistrates ' t< ' o ' with con- consent of their associates or flree Inhabitants, to iXultants. make and Establish Civill Ordinances amongst them- locaiLaws. selves, Likewwise to make an officer of Justice under them for y" Execucon of their warrants, precepts and ^^^fS^."' injunctions; Likewise to Examine upon Oath, or by way of Interrogatories, all witnesses, concerning mat- jurisdiction' ters depending before them, and to give the first cLraT""' 44 LAWS OF Sentence for the deprivacon of Life, Limbe, Stigma- tizing or Burne marking of any Malefactor, if they, in their Consciences, shall adjudge them worthy, and to cause the Execution of the said sentence, if the party Eight of so condemned maketh not their Appeale to the Chiefe Appeal ■*• ■*• reserved. Court, most commonly holden weekly in the ffort Amsterdam; In which Oases of deprivation of Life, Limbe, Member, Stigmatizing or Burne marking, the party so condemned, shall have free Liberty, of his or her Appeale to our Court as aforesaid. And bee thether conveyed, by Order of the Magistrate or Magistrates, for the time being, of the Towne of Hempsteed; And their Magistrate, or Magistrates, shall have Power to sitt in our said Court, and to Vote in such Causes; Likewise giving and graunting, And by vertue of these presents, wee do give and graunt, to the above said Patentees, their Associates, Heires and Suc- cessor full Power and Authority absolutely to Actions^ determine without appeale, all Actions as well for appeatobi"?* Debt, Trcspasse or ffine, not exceeding ffifty Holland Guild'^ and to Arrest the Body or Goods of any that shall (in the Penalty of the said Summe) refuse to stand to their Award, But in causes exceeding the said Sume, p'^ties have likewise Liberty of Appeale to our Court as aforesaid ; HuntinK Wcc do likcwlse give and graunt unto the above rtehing"fid said Patentees, their Associates, Heires and Sue- and cesso" to usc aud exercize the free Liberty of Hunting, Hawking, ffishing and ffowling within the abovesaid Trade Llmlts, And to use and exercize all manner of Com- merce, according as the Inhabitants of the Province may, or can do, by Vertue of the Priviledges graunted to them, induing all and singular the said Patentees, their associates, heires and Successo" w'" all aud singular the immunityes and Priviledges graunted to the Inhabitants of this Province, or hereafter to families cannot be procured. NEW NETHERLAND. 45 bee graunted, as if they were natives of the united Provinces; ffurther given and grannting to the said Patentees, ?''o^™% their Associates, Heires and Successo"^ That in case they cannot procure One hundred flfamilyes to settle down within the abovesaid Limitts, within the above- said time of five yeares, to have and Enjoy in as ample manner, sufficient Land Battimpro Bato, the like quantity of Land, according to the number of ifamilyes they shall iirocure, with all the Priviledges above written ; Likewise binding my selfe and Successo" for and Tuieto ° ■' Property in the behalfe of the High and mighty Lords, the 8""=^"'*'*. Estates Generall of the tinited Belgick Provinces his Highnesse,^>-ef?enc7^ Hendriclc, Prince of Orange, and the Eight Hono'"^ Lords, the Lords Bewint Hebbers of the west India Company, and their Successo" that in case the Title of propriety, to the said Land, shall bee controverted by any other Prince or State, to make all damages that may thereby accrew unto them. Always Provided the said Patentees, their mnaMtanta ' *J 'to acknowl- Heires, Snccesso"^ and Associates, shall reverently OCTcmrtho respect the abovenamed High and mighty Lords, the ol'^nge^ad i r» o ^ » the West Estates Generall of the united Belgick Brovinces, his pSny.a™" Highnesse, ffrederick HendricJce, Prince of Orange and the Eight Hono"'' the Lords Bewint Hebbers of the west India Company, and their Successo" for their Superior Lords and Patrons, so long as they shall Inhabit in the Jurisdiction of the said Province, And at the Expiration of ten yeares, to begin from ^o^p^y the day the first generall Peace with the ludyans shall bee concluded on, to pay or cause to bee paid to an officer there unto deputed by the Governo'^ of this Province for the time being, the tenth ijart of all the Eevenue that shall arise by the Grouud manured w"' the Plough, or Howe, in case it bee demanded, to bee paid to the said Officer, in the ffield, before it bee 46 LAWS OF Housed, Gardens or Orchards, not exceeding one Hollands Acre, being excepted ; ?n oSg -^^^ ii case any of the said Patentees, their Asso- tog^catue." ciates, Heires and Succesos" shall onely improve their Stock in grasing or breeding of Cattle, then the Party so doing shall at the end of the aforesaid ten yeares. Pay, or cause to be paid, to an Officer there unto deputed as aforesaid, such reasonable satisfaction in Butter or Cheese, as hee and the said Officer shall Agree unto, with the advice of the Magistrate or Magistrates of y° said place for the time being; anTDiuch iiijoyning likewise, the Patentees, their Associates, MeifSrati? Heires and Successo''^ in the dating of all Publique be used. ^ Instruments, to use the New Stile, with the Weights and Measures of the place. Given under my Hand and Scale of this Province, this 16th of November, 1644, Stilo novo. WILLIAM KIEFT. By order of the Governo'^ and Oouncell, CoRNELTS VAN TiENHOVEN, Secret. Geo. Baxtee. NEW NETHERLAND. 47 ORDINANCE By the Director and Council of New Netherland further prohibiting the Sale of Firearms, etc., to Indians. Passed 23 February, 1G45. [N. Y. Col. MSS. IV. 216.] Whekeas the Director General and Council of New Preamble. Netherland have long ere this noticed the dangerous practise of selling Guns, Powder and Lead to the Iiuliaus, and moreover published at the time an Ordinance prohibiting the same on pain of Death, notwithstanding which some persons have yet under- taken to barter all sorts of ammunition among the Heathen, purchasing the same secretly here and then transporting it up the Eiver and elsewhere, to the serious injury of this Country, the strengthening of the Indians and the destruction of the Christians, as We are now, also, informed with certainty, that our enemies are better provided with Powder than we, which they contrive to obtain through other Barba- rians, our friends. Likewise, his Majesty of France g'SfJiang hath, through his Ambassador, seriously complained ° ™'^' to the Lords States General of the selling of arms to the Indians, whereby His subjects suffer grave injury, in consequence of which the Lords States General have recommended Mess'^^ the Directors to Ijrevent and to forbid the same, and to have the guilty parties punished with rigor, which, then, their Honors have earnestly commanded us to do. Therefore, we most expressly forbid, as we hereby 5fo°D°oTwar do, all persons, from this time forth, from daring to ^d^s!'*'" trade any munitions of War with the Indians, or under any pretence whatsoever, to transport them from here, without express permission, on pain of being punished by Death, and having the vessel con- ^™='"5'- fiscated in which the same shall be found laden or to have been put on board. Let every one be warned hereby and save himself from diflSculty. 48 LAWS OF Names of Corpora- torn. noundarieg oTtlaeTown. CHARTER Granted by the Director and Council of New Netherland to the Town of Flushing. 10 Odoher, 1645. [N. T. Deed Book, II. 178.] i Know all men, whom these p'^sents may any wayes concerne, That wee William .Kieft, Esq' Governo' Gen" of the Province called the Neiu Netherlands, ■w"" y^ Councill of State there Established, by Vertue of a Commission under the hand and Seale of the High and Mighty Lords, the Estates Gen" of y" United Belgick Provinces, His Highnesse, Fredericlc Sendrick, Prince of Orange, and the Eight Hono"'® Lords, the Lords Bewint Hebbers, of the "West India Company, Have given and graunted. And by vertue of these p'nts, do give, graunt and confirm unto Thomas ffarrington, John Toivnesend, Thomas Stiles, Thomas Saull, John Marston, Robert ffield, Thomas Applegate, Thomas Beddard, Laurence Dutch, John Laurence, William Laurence, William Tliorne, Henry Sautell, William Pigeon, Michaell Milleard, Robert ffirman, John Hichs, Edward Hart, their heires, Exco'^^ Admt"^^ Assignes, Success*"^ or Associates, or any they shall joyne in Associacon with them, a cer- taine quantity or parcell of Land, with all the Havens, Harbo" Elvers, Creekes, "Woodland, Marshes, there unto belonging, and being upon the K'orthside of Long Island, to begin at y^ westward part thereof, at the Mouth of a Oreeke upon the East Eiver, now comonly called and knowne by the name of fflushing CreeTie, and so to runne Eastward, as farr as Mathew Garretsons Bay; Together w'" a Neck of Land commonly called Tues Nech, being bounded on the "Westward part thereof, with the Land graunted to M"^ Francis Doughty and Associates, and on the Eastward part thereof, with the Land graunted to y® Plantacon and Towne of Hempsteed, and so to rune NEW NETHERLAND. 49 in two direct Lines, unto the South side of y" said Island, that there may be the same Latitude in breadth, on the South side, as on the Northside, for them the said Patentees, Actually, really, and per- petually to enjoy, and Possesse, as their owne free Land of Inheritance, for them the said Patentees, their Associates, heires, Successo" and Assignes to Improve and Manure at theire owne best advantage according to their discretions. Alwayes Provided y" said Patentees or Associates, shall settle such a com- f^^j^-^^^S^ petent iSTumber of ffamilyes, w'^in the space of two wiuf"'!* yeare, after the date hereof, as the Governo'' Gen''" of this Province, for the time being, or any hee shall appoint, shall thinke convenient, may bee accommo- dated, within the said Limitts; Alwayes Provided the first Settlers, to bee suffi- ciently accommodated, excepting for and to the use of the above said Eight Hono"'' the Lords Bewint ^^"^*- Hebbers, a certain Parcell of Land, within the Towne of fflusMng, for theire own use ; ffurther giving and graunting. And by vertue of S^^ered! these p'^seuts. We do give and Graunt, unto the said Patentees, their Associates, Heires, Executo'' Ad- mto"^ Successo''^ and Assignes, upon the said Land to build a Towne, or Townes, w'" such necessary fforti- |S,^E;i^|.orts fications, as to them shall seeme Expedient ; and to rAldoV'^^ have and Enjoy the Liberty of Conscience, according to the Oustome and manner of Holland, without molestacon or disturbance, from any Magistrate or Magistrates, or any other Ecclesiasticall Minister, that may extend Jurisdiccon over them, with Power likewise, for them the said Patentees, their Associates and Saccesso'^ to Nominate, Elect and Choose, a certain Officer over them, who may beare the name or Title of Scout, or Constable of fflusMng, to w'^'' said Officer, of Scout or Constable, Wee do hereby give graunt and Confirme, as large and ample Power and of Eeliglon ; Constable. 50 LAWS OF His powers. Free Hunting, Hawlting, "PiBli i ng, yowling, and Trade. Inhabitants to acltnowl- edse States General &c.; and To pay Tentbs. Antbority, as, is usually given to the Scout of any Village in Holland, or Constable in England, for the apprebencon of any Malefactor, or any that shall go about to disturbe the Publique Peace and tranquility of the said Towne of ffiusliing, And bim or them to bring before the Governo' Gen*" of this Province, for the time being, and there to make Proces ag^' such delinquents; fl'nrtber giving and graunting, And by vertue of these P'^nts, we do give and graunt unto the said Patentees, their Associates, Heires, Successo" &c. to have and enjoy the free Liberty of Hawking, Hunting, ihshing, ftbwling within tbeir aboves* Limitts, And to use and Exercise all manner of Trade and Com- merce, according as y" Inhabif^ of this Province may or can by vertue of any Priviledge or Graunt made unto them, inducing all and singular the said Paten- tees, their Associates, Heires, Successo" &c. w*" all and singular the imunityes of this Province, as if they were Natives of the United Belgiclc Provinces ; Alwayes Provided, the said Patentees, tbeir Associ- ates, Heires and Successo'^^ shall reverendly respect the abovenamed High and Mighty Lords, &c. for their Superior Lords and Patrons, so long as they shall continue within the Jurisdiction of this Prov- ince, and at y^ expiracon of ten yeares to begin from the day of the date hereof, to pay or cause to bee paid to an OflScer, thereunto deputed by the Gov- ernor Gen"" of this Province, for the time being, the tenth part of the Eeveuue, that shall arise by the Ground manured, by the Plough or Howe, in case it bee demanded, to be paid to y" sd OflBcer, in the ffield, before it bee Housed, Gardens, or Orchards, not exceeding one Holland Acre, being excepted ; And in case any of y" sd Patentees, their Associates, Heires, Successo" or Assignes, shall onely improve their Stocks, in Grasing or Breeding of Cattle, Then ^EW NETHERLAND. 51 the Party so doing, shall at the expiracon of the ^^%^^^g teu yeares aforsaid, Pay or cause to be paid to an tl^icltat Officer, deputed as abovesaid, such reasonable Satis- faction in Butter or Cheese, as other Townes shall do in like Oases ; Likewise enjoyning the said Patentees and Associ- ^ewstyic ates, their Heires, Successo" and so forth, in the M^ilSSs^w. dating of all Publick Instrum*^ to use the New Stile, °"^^ together with the Weights and Measures of this place. In Wittnesse whereof, wee have here unto sett our hand and Scale of this Province, dated this tenth day of October, 1645, stilo novo, in the ffort Am- sterdam. Memorandum, before the Ensealing hereof. It was SSiS°'*°" Agreed, and Ordered by the Governo% the Land should rune North and South, but as farr as the Hills. WILLBM KIEFT. Ter Ordinnantie, &c. OOENELis VAN TiENHOVEN Secrets. 52 LAWS OF ORDINANCE 27o Liquors lo be given or sold to Indiuus. Penalty. Of the Director and Council of New Netherland further prohibiting the sale of Intoxicating Liquors to Indians. Passed 21 November, 1645. [N. Y. Col. MSS. IV. 239.1 Whereas large quantities of Strong liquors are daily sold to the Indians whence serious troubles have heretofore arisen in this country, and it is to be apprehended, if no provision be made therein, greater calamities will occur, and in order to prevent the same, We, the Director General and Council of Neiv Netherland, do forbid all Tapsters and Inhabitants from this day forward, any Wine, Beer or other Strong liquors to sell, give or trade in any way whatsoever to the Indians ; to bring it, or cause it to be brought, by the third or fourth hand, directly or indirectly into any Houses, Taverns or elsewhere. If any one (be he who he may) be found to have transgressed herein, he shall forfeit for the first offence Five hun- dred guilders ; for the second offence, double ; an arbitrary correction, and to be banished out of the country, and in addition, to be responsible for all the damage which may accrue from the selling or giving any drink to the Indians. Published and posted at the usual places on the 21 ISTovember, 1645. NEW NETHERLAND. 53 CHARTER Granted by the Director and Council of New Netherland to the town of Gravesend, L. I. 19 December, 1645. [From the Original in the Office of the Clerli of the Town.] Whereas it hath pleased the High and Mighty preamble. Lords the Estates Generall of the united Belgick Prov- inces his Highness ffredericlce Hendriclie by the grace of God Prince of Orange, etc. : & the Eight Honourable the lords Bewint-hebbers of the West India Company by theyre severall Comissions under theyre hands and seales to giue and graunt unto me William Kieft suflScient power and authorrtie for the generall rule and gouernment of this Prouince Called the New Netherlands & likewise for the setling of townes, Collonies, plantations and disposing of the land ■within this Prouince, as by the said Commissions more att large doth and may appeare ; Now Know yee whomsoeuer these presents may any Avays Ooncerne that I Will : Kieft Gouern' Gener" of this Prouince by vertue of the authoritie aboues"* & with the aduice & consent of the Councill of State here established haue giuen and granted and by vertue of these presents doe giue, graunt & confirme vnto the Honoured Jjadv Delorah Moody : Sir Senry Nameeof Moody Barronett, Ensigne George Baxter : & serieant *""■ James Hiibbard, theyre associates, heyres, executours, administratours, snccessours, assignes, or any they shall ioyne in association with them, a Certaine quan- titio or parcell of land, together with all the hauens, harbours, riuers, Oreekes, woodland, marshes, and all other appurtenances thereunto belonging, lying and o'the*"'" being vppon & aboute the westernmost part of Long Island, and beginning att the mouth of a , Creeke adiacent to Conyne Island & being bounded on the westward part thereof with the land apper- 54 LAWS OF Inhabitants allowed to graze Cattle on Conyne Island. Corporators Impowered To erect Towns, "Forts, and To enjoy Freedom of lielieion ; To establish a body politic ; To make local laws, and Nominate Magistrates. taining to Anthony Johnson & Robert Pennoyre, and soe to runne as farre as the Avestermost part of a Oertaine pond in an onld Indian field on the north side of the plantation of the s* Eo: Pennoyre, & from thence to runne direct East as farre as a valley begin- ning att the head of a fflye or marsh somtimes belonging to the land of Hugh Garretson, & being bounded on the south side with the Maine Ocean, for them the said pattentees theyre associates, hrs, ex- ecut" administ'^ succes" & assigns, actuallie, reallie & perpetuallie to inioy and posesse as theyre owne flfree land of inheritance and it to improue & manure according to theire owne discretions, with libertie likewise for them the said patt^^ theyre assoc*^ hrs & succes''^ & assignes to put what cattle they shall thinke fitting to feed or grase vppon the aflfores* Conyne Island. ffarther giueing & graunting, & by vertue of these presents wee doe giue & graunt unto the s"* pattent^' theyre assoc*^ hrs, & success"^ full power and authori- tie vppon the said land to build a towne, or townes, with such necessarie fortifications as to them shall seem expedient, & to haue & enioy the ffree libertie of Conscience according to the Custom and manner of Holland, without molestation or disturbance from any magistrate, or magistrates, or any other ecclesi- asticall minister that may pretend iurisdictie ouer them, with libertie likewise for them the s" pattentees, theyre assoc^^ hrs, &c : to erect a boddy politique & Civill Combination amongst themselues as flfreemen of this prouince & of the towne of Grauesund & to make such Civill ordinances as the maior part of the inhabif^ ifree of the s"* towne shall thinke fitting for theyre quiet & peaceable subsisting & to nominate elect & choose three of the ablest, approued, honest men, «Sz; them to present annually to the Gouern"" NEW NETHERLAND, 55 gener : of this prouence for the time being for him the s"^ Goueru" to establish & Confirme ; To the which s"* three men soe chosen & Confirmed J?^"f^?*.'™ wee doe hereby giue & graunt full power and au- '"""■ thoritie absolutely and defiuitiuelie to determine (without appeale to any superiour Court) for debt or trespasse, not exceeding fifty hollands gild"^ for all such actions as shall happen within the iurisdiction of the aboues** limit : with power likewise for any one of the s*^ thre to examine vppon oath all witnesses in Oases depending before them, and in Case any shall refuse to stand to the award of what the maior j^art of the s"* thre shall agree vnto, in such Cases we doe hereby giue and graunt full power and authoritie to any two of the s'* thre, to attach, and Ceise, uppon the land, goods. Catties & Chatties of the parties Condemned by theyre s'* sentence, and fourteue dayes after the said Czisure (if the parties soe Condemned agrees not in the interim & submits himselfe to the sentense of the said thre men) the s** two or three appointed men as aftbres* to take or ioyne to themselues two more of theyre neighbours discrete honest men & with the aduise of them to apprise the lands, goods, Catties, or Chatties, within the aboues*^ iurisdiction & belonging to the partio Condemned as aflfores^ to the full valleu ; and then to sell them to any that will buye, that satisfaction & payment may be made, according to the sentence of the s'^ appointed men. Likewise giueing & graunting & by vertue hereof wee doe giue & graunt unto the s^ patt"^ theyre asoc*^ hrs, success"^ &c., full power and authoritie to elect ffXi^d & nominate a certaine officer amongst themselues to ™™''™^'*- execute the place of a Scoute, and him likewise annuallie to present to the Gouer"^ gener: of this I)rouince to be established and confirmed, to which s" officer soe chosen and confirmed, we doe hereby 56 LAWS OF His powers. Tree Hunting, Hawking, Fishing, Fowling. and Trade. Inhabitants to aclcnowl- edge States General <&c., and To pay Tenths. gme and graunt as large and ample power as is vsuallie giuen to the scoutes of any village in Hol- land, for the suppression or preuention of any disor- ders that may there arise, or to arrest & apprehend the boddy of any Criminall, malefactour, or of any that shall by word or act disturb the publicqu tran- quillitie of this prouince, or ciuill peace of the inhabitants within the aboues" iurisdiction, & him, them, or her, soe arrested or apprehended, to bring or Cause to be brought before the Gouern"^ gener : of this prouince, & theyre by way of processe declare against the partie soe offending; ffarther wee doe giue & graunt unto the s'^ patt^* theyre asso''" hrs, etc: free libertie of hawking, hunt- ing, fishing, fowling within the aboues'' limits, & to use & exercise all manner of trades & comercc, according as the inhabitants of this prouince may or Can, by vertue of any priueledge, or graunt made unto them, induing all & singular the s'' patt^^ theyre assoc'^ hrs, etc: with all & singular the immu- nities and priuledges already graunted to the inhabiti^ of this prouince or hereafter to be graunted, as if they were natives of the united Belgiclc prouinces. Allways prouided thes* patt^ theyre assoc'^ hrs, &c: shall faithfuUie acknowledge & reuen rentlie respect the abouenamed High & Mighty lords, etc.: for theyre superiour lords & patrons, & in all loy- altie & fidelitie demeane themselues towards them & theyre successe" according as the inhabit*^ of this prouince in duty are bound, soe long as thej^ shall be within this iurisdiction, and att the expiratie" of ten years, to beginne from the day of the date hereof, to pay or Cause to be paid to an officer thereunto deputed by the Gouerer'' Gener: of this prouince for the tyme being, the tenth part of the reuenue that shall arise by the ground manured by the plough or how, in case 'it be demanded to be paid to the s** NEW NETHEIILAND. 57 oflBcer in the fields before it be bowsed, gardens or orchards not exceeding one hollands acre being excepted: and in case any of the s** patt^^ theyre assoc" hrs, etc., shall only improue theyre stocks in grassing gjf^'^i'^f"'^^! or breiding of Cattle, then the parties soe doeing shall Sf^"^ att the end of the ten yeares affores" pay or cause to be paid to an oflicer deputed as aflfores"* such reason- able satisfaction in butter and cheese, as other inhabit*^ of other towns shall doe in like Cases; Likewise inioyning the said patt*' theyre assoc'' J^nTnuKh hrs, etc: in the dating of all publiqne instruments to Ml^Srato * ^ ^ be used. use the new style with the weights and measures of this place. Given under my hand and seale of this prouince this 19th of December in the foort Amsterdam in New- Netherlands, 1645. WILLBM KIEFT. (Endorsed on the back) — Ter ordonnantie van de H"" Derect"^ generael en Eaden Van Nieu Nederlandt. OoENELis Van Tienhouen, Secret". This Patent was Eecorded in the oflSce at New Yorke the 1=' day of March, 1666. Matthias Nicolls, Se(^. 8 58 LAWS OP ORDIlSrANCE Of the Director and Council of New Netherland establishing a Court of Justice in Breuokelen. Passed June 12, 1646. [N. T. Col. MSS. IV. 259.] Preamble. "W^B, William Kipft, Directoi' General, and the Council residing in Netv Netlierland on behalf of the High and Mighty Lords States General of the united Netlierlands, his Highness of Orange and the Hon"° Directors of the General Incorporated West ludia Company. To all those who. shall see these presents or hear them read, Greeting. lrS?toS' Whereas Jan JEversen Bout and Hiiyclc Aertsen from Eossum were on the 21 May last unanimously chosen by the proprietors (geintresseerde) of Breuclcelen, 'rheir situate on Long Island, as Schepens to decide all powers. "^ ^ questions Avhich may arise, as they shall deem proper, according to the Exemptions of Netv Netlierland granted to particular Colonies, which election is subscribed by them, with express stipulation that, if any one refuses to submit in the premises aforesaid to the above mentioned Jan Hversen and Iliiyck toVnn Aertsen, he shall forfeit the right which he claims iSeis!"' to the land in the allotment of Breuclcelen ; And in order that every thing be done with more authority. We, the Director and Council aforesaid have, there- fore, authorized and appointed, and do hereby authorize the said Jan JEversen and Huyclc Aertsen to schepens^to bc Schcpcus of Breuclceleii, and in case Jan Eversen them"e'i?e? ^j,^ Rmjcli AcrtscH do hereafter find the labor too others, If _ in, •,^^ necessary, oucrous, they shall be at liberty to select two more from among the Inhabitants of Breuclcelen to adjoin them to themselves. We charge and command every Inhabitant of Breuclcelen to acknowledge and respect the abovenamcd Jan JEversen and Huyclc Aertsen as NEW NETHERLAND. 59 their Schepens, and if anyone sLall be found to exhibit contumaciousness towards them, he shall * forfeit his share as above stated. Thus done in Council in Fort Amsterdam in New Netlierland. ORDINANCE Of the Director and Council of New Netlierland farther providing for the proper drawing up of Legal Instruments. Passed 12 June, 1646. [N. T. Col. MSS. IV. 269.] Whereas it is daily observed that, contrary to Preamwe. Law and the Ordinance of the Lords States General and the Edict published A° 16 , grave mistakes occur in the writing and drawing up of evidence of the truth by jn-ivate individuals, who are neither bound by oath nor called by Authority thereto, whereby mauy things are written to the advantage of those who have the papers drawn up, interspersed with sinister, obscure and dubious words, oftentimes con- trary to the meaning of the Attestors, to the great prejudice and damage of the parties ; And in order to prevent this result, dangerous in a Eepublic, and to strengthen the knowledge of the truth necessary in all Courts, Therefore we annul and declare invalid, ^esai as we do hereby annul and declare invalid all Affi- ?er"fll'd°°' . . before the davits. Interrogatories or other Instruments serving court, as evidence, which are written by private Individuals and not confirmed by oath before the Court here or other Magistrates, as we also, from now henceforth annul all Affidavits which will not be written by the or not drawn up Secretary or other duly authorized person, likewise ^Jcretary, all Contracts, Testaments, Agreements and other yZlt^ important documents, unless that through necessity it should be impossible to call on such person. Ady 12 June, 1646. 60 LAWS OF Preamble. Jan Francisco manumlted. Conditions. ACT Of the Director and Council of New Netherland manumitting a. Negro Slave. Passed 27 September, 1646. [N. T. Col. MSS. IV. 271.] At the request of the reverend and very learned Dom° Johannes Megapolensis, minister in the Colonie Eenselaerswijc, and in consequence of the promise heretofore given by our predecessor* unto Jan Francisco, the younger, a Negro, and of his long and faithful service, he is set and made free, on condition that he pay to the Company during his life 10 skepels of wheat, or its value, yearly, in return for his freedom. ORDINANCE Of the Director and Council of New Netherland against selling Liquor during Divine Service on the Sabbath, and after nine o'clock at night; and against Fighting with Knives. Passed 31 Mai/, 1647. [N. T. Col. MSS. IV. 289 ; XVI. 5.] Petrus Stutvesant, Director General of New Netherland, Curacao and the Islands thereof. Com- mander in chief of the Company's ships and Yachts cruising in the West Indies, To all those who shall see these presents or hear them read. Greeting. Whereas we see and observe by experience the great disorders in which some of our Inhabitants indulge, in drinking to excess, quarreling, fighting and smiting even on the Lord's day of rest, whereof, God help us ! we have seen and heard sorrowful instances on last Sunday in vilipending of the Court *Wouter van Twiller. NEW NETI-IERLAND. 61 of Justice, to the reproacb and censure of Ourselves and Our office, to the scandal of our Neighbors and finally to the disparagement, yea contempt of God's Holy laws and Ordinances which command us to sanctify this His Rest and Sabbath day to His honor, forbidding all ■wounding, slaying and the means and occasions whereby the same might arise. Therefore We, with the advice of the late Hon. Director General and Our appointed Council, in order as much as it is practicable and possible ^br us to provide herein, and to prevent the Curse, instead of the Blessing of God falling upon Us and ou good Inhabitants, do hereby Order and Command that none of the Brewers, Tapsters and Tavern ?J°besow" Keepers shall, on the Eest day of the Lord, by us ^|^'£^- called Sunday, before two of the clock, when there is no sermon, or otherwise, before four of the clock in the afternoon, set before, tap or give any people, any Wine, Beer or Strong liquors of what sort soever, and under any pretext, be it what it may. Travelers and daily Boarders alone excepted, who may be pro- vided therewith for their necessity in their lodgings, on ijain of forfeiting their license, and in addition six Carolus guilders for every person who is found in their houses at that time partaking of any Wine or Beer; And in like manner, we forbid all Tavern- keepers, Eetailers, and Tapsters, on that day and ^Jy°Siie7 all other days in the week, in the evening after the S'Soct •' 4 "in the ringing of the Bell, Avhich will be about Nine of evening, the Clock, to have any more common Tippling or to tap or furnish any AVine, Beer or Strong liquors Pei^ty- except to their own Families, Travelers and Board- ers, on the same penalty. And in order to prevent the too rash drawing of Knives, fighting, wounding and consequent accidents, We, therefore, pursuant to the laudable Statute of the most wise and Worshipful Council of the City 62 LAWS OF Penalty for drawing a kniie, or dagger, And for inllictiog a wound. of Amsterdam, do hereby enact and Ordain, that who soever shall, in passion or in anger, draw, or cause to be drawn a knife or dagger against another, shall forthwith incur a fine of One hundred Carolus guilders, or in case he fail to pay the money, he shall as a punishment be set for half a year to hard labor on bread and water ; and if he wound any one there- with. Three hundred like guilders or to spend a year and a half at the aforesaid labor. And We char^S^ and command our Fiscal, Lieutenant, Sergeants, Corporals, as well of Burghers, Inhabitants as of Soldiers, to use all opportunities, visits and due dili- gence, without any simulation, in attacking and apprehending the contraveners hereof, in order that they may be prosecuted according to law. Thus done in Fort Amsterdam ia New Netlierland, the 31 May, 1647. Note, — The following are the provisions of the Statute of Amster- dam, referred to in this Ordinance, entitled : " Of drawing Weapons, Fighting and Wounding." 2. And if anyone draw a Knife or other weapon, without, however inflicting a wound, he shall be committed to close imprisonment, on beer and bread at his own cost, for the term of six weeks, or must pay the Court in lieu thereof, the sum of Twelve Carolus guilders, in ready monej'., 3. Item. If anyone wound or strike another with a knife or other weapon, even with sticks, canes, pitchers and such like, he is to be Imprisoned in the public jail on beer and bread, at his own cost, for the term of three montlis, or pay instead, the sum of Four and twenty guilders in ready money. Mecueil van Verscheyde Keuren en Costu- men van de Stadt Amsterdam,' jioor^ Gerard Kooseboom. Cap, XI. Tk. . NEW NETHERLAND. 63 ORDINANCE Of the Director and Council of New Netherland against trading in the Minquas country. Passed 18 June, 1647. psr. Y. Col. MSS. IV. 290.] Whekeas the Hou"*' Director General and Council preamwe. have received certain information that divers Private traders sailing to the South, and belonging to this government, go into the interior towards the Minquas country with cargoes of Cloth, Wampum and other articles, whereby not only Trade is destroyed, but the traders, who remain with their Sloops at the usual Trading posts, sustain great loss and damage, and the Indians thereby might be tempted to murder and slay such persons, in order to obtain their goods, and this Country fall again into disorder and war. Wherefore, We, for the advantage and interest of the no person West India Company and this Country, forbid and th«in'"ior to go Into the Interif • to Trade. interdict, as we do hereby from this time hencefor- vrard, all and everyone of our Inhabitants from daring to go into the interior with Cargoes or any other commodities but to wait at the usual trading posts for trade. Thus done in Fort Amsterdam in Neiv Netherland 18 June A° 1647 64 LAWS OF ORDINANCE No Liquor to be sold, or Riven to ludiaus. Penalty, Damages to Farmh, &c., forbidden. Penalty. Farms to be properly Fenced. Catttle to be herded. Pound to be erected. Of the Director and Council of New Netherland, against selling Liquor to Indians ; against Trespasses ; and for the erection of Fences and a Public Pound. Passed 1 July, 1647. [N. Y. Col. MSS. IV, 297 ; XVI. 6.] Whereas large quantities of strong Liquors are daily sold to the Indians whereby heretofore serious difficulties have been occasioned in this Country and, therefore it becomes necessary to provide seasonably therein, so is it that We, the Director General and Council of New Netlierland, forbid and interdict all Tapsters and other Inhabitants from now henceforth any Wine, Beer or strong drink to sell, give or trade in any manner or under any pretext whatsoever to the Indians, or to let it be conveyed by the pot, and thus be handed to the Indians by the third or fourth hand directly or indirectly, under the penalty of Five hundred Carolus guilders, and in addition to be responsible for the damage which may accrue therefrom. Also, every one is warned and forbidden against doing any damage to Farms, Orchards and Gardens either to the Fences or Fruits, and whosoever shall be found to have committed any damage to the Fences or Fruits of any Farm, Garden or Orchard shall be fined One Hundred Guilders besides an arbitrary correction. Likewise, all Inhabitants of Netv Netlierland are charged and commanded their Farms properly to fence and set oft' so that the Cattle do not commit any damage therein, which cattle, whether Horses, Cows, and especially Goats and Hogs, must be herded or otherwise placed where they can do no harm, to which end Fiscal Tan Dyclc shall erect a Pound in which he may detain the Cattle until the damage NEW FETIIEKLAND. G5 be made good and the fine paid. Let every one bo warned and on his guard against Loss. Done in Fort Amsterdam in Neiv Netherlmul the 1st July, 1647. ORDINANCE Of the Director and Council of New Netherland against Smuggling, and to oblige Merchants to exhibit their Books and Accounts when called on. Passed i July. 1647. [N. Y. Col. MSS. IV. 298.] Petrus Stuyvesaxt, Director General of New Netlierland, Curacao and the Islands thereof, and the Hon^'^Oouncil, To all those who shall see these Presents or hear them read. Greeting. Whbeeas we by daily experience find, see and prcamwe. remark the Frauds, Aljuses and Smuggling which clearly Our and other people commit in the Expor- tation of Beavers, Otters, Bearskins, Elkhides and other Peltries, which are sent away or exported with- out being entered, and consequently without paying any impost or duty, beyond this our jurisdiction and government to New England, Virginia and other parts, whereby the granted and accorded revenues of our Lords Majors are seriously diminished, also, by the Importation of some English Wares and Mer- chandizes in return, which being oftentimes entered at half the value. We and, in us, the Lords Majors are defrauded both in the Import duties on the English Wares and Merchandizes and the Export duties on the Beavers and Peltries sent away in exchange for them ; Moreover, the Wares and Mer- chandizes of our good an d dear Inhabitants, Merchants, Factors and Traders, who pay or have paid fair and just duties thereupon in Fatherland, or here at our 9 66 LAWS OF Merchan- dise to be entered. Merchants to exhibit their Books and Accounts, when required. Penalty. Pnra not to be exported Oouuting house, are hereby grossly injured, trade and commerce corrupted, and We defrauded and wronged in our Eeveimes and Incomes, wherein being desirous to provide as far as it is possible for us and in our power, AVe, the abovementioned Director General and Council do, therefore, most emphatically Ordain, order and command both our own Subjects and Strangers and persons coming here from without, that no one of them shall presume to sell, barter, trade, remove, ship or export, directly or indirectly, any Wares or Merchandizes of what nature or quality soever they may be, within our Government as well here in New Netlierland as at the Islands of Curacao and elsewhere, without first due entry be made of such Merchandizes, their quantity, quality and value and the same i>resented to us or our agents ; which being done, it shall be lawful for all and every, both Strangers and Inhabitants, to dispose of, sell and part with their Wares and Merchandizes in the usual course of trade to anyone, according as it shall be expedient or profitable to the Owners or Sellers ; provided that the seller remain bound, whenever it pleases us, to shew on his book or account, to whom they have been sold or what goods have been bartered for them, so that after delivery and returns in lieu of payment, the proper Duties and Imposts may be faithfully paid and received before leaving the country, under the penalty of the confiscation and forfeiture of all the concealed Goods and returns which may be found in the first instance or after- wards, and in addition, a fine of Five hundred Oarolus guilders. We likewise Ordain, interdict and forbid all per- sons, of what Nation or quality soever they may be, any Elkhides, Bearskins, Otters, Beavers or other Peltries to remove, exchange, export, tranship or to NEW NETHERLAND. 67 transfer from one Vessel into another or to land, either directly or indirectly, under any pretext whatsoever, unless first of all such Elkhides, Bearskins, Otters, vmi ' '^ ' ' entered. Beavers and other Peltries are efttered with us, or our deputy, without fraud and delay, as to their quantity, either here at the Manhattans, or at the place where they have been bartered, negotiated and traded, or at least on the first opportunity where "We have stationed our Commissary, or Resident and Deputy, on pain of the confiscation and forfeiture of penalty, all the Peltries, with the Goods and Merchandizes therewith which afterwards shall be found smuggled or concealed. And in order that all Frauds and Smuggling may be at once prevented and stopped, It is further by Us, the Director General and Council, hereby Or- dained, enacted and decreed, that from now hence- forth, or at least after the sending away of the Peltries which are to go in the Ship Princess, alH Elkhides, Bearskins, Otters, Beavers, and all other ^"^^.tobe ' ' ' ' marked by furs shall be marked and stamped with a certain omcer"'" mark thereto ordered or yet to be established, by some person here in Neiv Amsterdam, to be sworn for that purpose on the behalf of the Lords Majors, in order at the proper time that the regular duty may be received, or caused to be received, on such Bear- Anithe ' ' Duty there- skins, Elkhides, Deerskins, Otters, Beavers and other °°p*"^ Peltries, so that they may be carried and exported hence elsewhere beyond or within our Government, to Netu England or towards the Swedes at tlie South, to Virginia or to Fatherland; under penalty of confis- penalty. cation of all Beavers, Otters, Bearskins, Elkhides, Deer and Eox skins, which shall be found here or hereafter in Fatherland unmarked and unstamped. Moreover, for the further prevention of all sorts of Smuggling, inasmuch as the duty is not and cannrffc be actually paid in Beavers, all Merchants, Factors, 68 LAWS OF Merchants Peddlers, Traders or other commercial persons, Swh?m'^' •whether Inhabitants or Foreigners, are charged and sold Furs, commanded by Us, to show pertinently or whenever it shall be our picture, by their accounts and books to whom they have trucked and traded such marked and stamped Beavers, Otters, Bearskins, Deerskins and other Peltries, under the penalty that the last Penalty. reccivcr and purchaser thereof remaining here in default or neglect, shall pay a double duty on the Eurs which are missed or not entered on his books; and within three days after the departure of the Ship Aupureto Princess all Merchants, Traders and Inhabitants at be entered wthin three ^jjg Manhattans, shall duly enter their remaining Beavers, Otters and other Peltries, and have them Penalty. marked, on pain of incurring the Confiscation and Fine aforesaid. Thus done and enacted in Council at Fort Amster- dam in Neiv Netherland the 4th July, A° 1647, New style. Present : The Hon. Director General, the Hon. Dinclclage, the Hon. Ex-Director, Mr. La Montagne, Capt. lieut. Nuton, Commander Looper, Jan Claes"^ Bol, captain of the Princess, and Naval OflBcer, Mr. Paulus Leendersen. Note. — The preceding Law was disapproved in Holland, as appears by the following observations of the Directors of the Company at Amsterdam to Director Stuyvesant : 27 January, 1649. " We observe that your Honor has undertaken to visit the stores of some Merchants with a view to discover Smug- gling ; likewise to examine their Books. All these things are, in our opinion, of grave consequence and directly contrary to the course of Free Trade, which provisionally is granted by this Chamber to all Traders, for the reason that this Chamber is as yet unable to retain the trade to itself, but must content itself with the Duty, for the present, until more favorable circumstances." N. Y. Col. MiSS., XI. 14. 16 February, 1650. "What we shall remark respecting Edicts and Resolutions which are sometimes difficult of execution, refers solely to what we have once before observed to you in regard to examining the Books of some Merchants. Hardenbergh hath already complained of.it, and this argument was greatly strengthened by the information of the Delegates who have set forth in plain terms in their Remon- strance, that Edicts have been posted up, whereby your Honor main- NEW NETHERLAND. 69 tains that all Merchants' Books must at all times be open to you and your Council. This, we must acknowledge, was never customary in Christendom, nor ought it to be the custom. But as no copy thereof has yet reached us, we shall not at present admit it further than your own confession in regard to Arnoldus van Hardenberch, and the good intention respecting the frauds committed in the measurement of Duffels sold to divers parties.'^. Y. Col. MSS. IX. 18. Tb. ORDINANCE Of the Director and Council of New Netherland, imposing an Excise on Wines and Spirituous Liquors. Passed 4 July, 1647. [N. T. Col. MSS. rv. 303.] Petktjs Stutyesant, Director General of Netv Netherland, Curacao, and the Islands thereof, and the Hon"^ Council, To all those who shall see these Presents, or hear thera read. Greeting. Whbkeas the fortress Netv Amsterdam is now for Preamwe. some time past, during the War, greatly decayed, and the walls daily leaped over and more and more trodden under foot by Men and Cattle, which tends not only to the disrepute of our Sovereign and High authority, the contempt, yea disgrace of this State by others our ^Neighbors, whether English, French, Swedes, yea even by the Indians and Heathens, but also to the reproach of Us and our good Inhabitants, and is most perilous and dangerous in time of attack, or of defence against all foreign enemies ; Therefore, We, the Director General and Council intending, pursuant to the Order of the Hon""* Lords Majors, to p^iy°c^ put the Fort into proper repair; to complete the ^°"^ Church, at which we are already engaged ; to erect a Pier for the convenience of the Merchants and Citizens ; to construct a Sheet-piling to prevent the abrasion by the river in front of this city of Amster- dam, all which being useful and highly necessary, public and general works, requiring a considerable 70 LAWS OF Excise established, On Wifte, Braudy, &c. Proviso. Permit to be obtained. Fee for permits. Quantity of Wine and Liquors sold, to be reported. sum of money, both to procure tbe materials, and to pay the workmen, therefore for facilitating and rendering more easy the same. We have resolved to ordain and establish a reasonable Excise and impost on the Wine, Brandy and Liquors which are imported from abroad. And we do hereby Ordain and enact that all Tavern keepers and Eetailers of Spanish Wine, Brandy and Liquors shall pay an Excise of two stivers per pot ; of French Wine, one stiver ; that is on each anker of Spanish Wine, Brandy and Liquor, three guilders, four stivers ; of French Wine, one guilder, twelve stivers, the large vessels in propor- tion ; In like manner also, all Skippers, Factors and Scots who will transport or sell such Wine, Brandy, or Liquors elsewhere within our government, shall pay the same Excise ; • with this understanding, nevertheless, that. the Merchant, Burgher, Farmer, and other our good Inhabitants (the Tapster and retailer by the large and small measure alone excepted) shall be at liberty to lay in their houses, dwellings, and places of abode, by the large and small cask, for their private consumption, on the same terms as those who purchased of the Merchant-, Factor, or Trader, in order to sell again ; provided only that the Burgher and other good Inhabitants remain bound to obtain a Permit from our appointed Officer, Eeceiver or Collector, before he lay in or store the Wine in the cellar, and to pay therefor six stivers per anker of French Wine and 12 stivers per anker of Brandy or Spanish Wine ; larger measures in proportion. In order to prevent fraud and Smuggling the seller shall remain bound to enter with the Eeceiver Gen- eral or Collector the quantity and quality of the sold Wines and Liquors before delivery. In like manner the purchaser is ordered and commanded not to NEW NETHERLAND. 71 receive, ship, export nor store any Wines without Nouquora •^ to be expor- having first obtained a proper permit from the L^ermu?"' Eeceiver or Collector, and exhibited it to the OfiScer, on pain of forfeiting such Wines and Five Hundred guilders additional, to be applied one third for the Penalty. Company, one third for the Church, one third for the Fiscal or the Complainant and Informer. Thus done and enacted in Council in Fort Amster- dam. Present, the Hou'^'« General P' Stmjvcsant, the late Director W. Kieft, Mr. Dincldage, Mr. La Mon- tague, Captain Lieutenant Nemvton, Commander Jacob Lojper, Paulus Leendersen, Naval Officer, and Jan Claesz Bol, the 4. July, A" 1647. ORDINANCE Of the Director and Council of New Notherland respecting Large and Small ships and Smuggling. Passed 4 Juhj, 1G47. [N. T. Col. MSS. IV. 3M ; XVI. 7.] The Hon"^" Director General and Council of New Netherland, Curacao, and the Islands thereof, residing in Neiv Netlierland, on the behalf of their High Mightinesses the Lords States General of the United Netherlands, his Highness of Orange and the Hon"® Directors of the Incorporated West India Company, do hereby Ordain and enact: 1. That all private Yachts, Barks, Ketches, Sloops JjJfJJ^^*'. and Boats under Fifty lasts, whether Dutch, English, S?Sf° ' French, Swedish or other, desiring to anchor under the Manhattans, shall not seek for, nor have any other roadstead than in front of the City New Amsterdam, between Capslce Point and the Guide-board near the City Tavern, under a fine of Fifty Carolus guilders penalty ar •' »/ o anchoring for the first time after they have been notified, and «is«wiiere. the large Ships may anchor between the said Point 72 LAWS OF Veesela on arriving to be visited, and goods to be lii&pocted betore discharged. No vessels to discliarge or loac? after Sunset- or before bunrise. Penalty. No Vessels to depart without being Inspected and giving previous notice. Penalty. No Skip- pers to take passengers out of the country without a Pass. Penalty. and the Second Guide Board, which stands on the way down towards the S^nith's valley. 2. No Skippers, Merchants, Traders, nor ships on their first arrived, will be allowed to land, remove, transport or tranship any Merchandizes or Wares on shore until the arrived vessels are visited and the goods entered with the Hon"^ General, or his deputy. 3. After Sunset and before Sunrise, no Ships can discharge or load, or send off or receive, any boats with Goods or Merchandize, except to convey one of the Oflficers on board or ashore, which must be done in the evening before the ringing of the Farmers' bell and in the morning after Eeveille, and from no other place than in front of, and about the office (logie), on pain of forfeiting all wares and merchandizes then found in the boat, and One pound Flemish additional. 4. No Ships, great or small, shall be allowed to depart without being first visited, and twelve hours' previous notice having been given to, and proper clearance received from the Hon"'® General or his deputy, under a penalty of One hundred guilders. 5. No Skippers, Traders, nor anyone on board the ship, shall be permitted to conceal, carry away or transport out of the district of Our government any of the Company's servants, free traders or inhabitants of Neiv Netlierland, of what nation or quality soever they may be, without a proper Pass and handwriting signed by the Director, or his deputy, under a fine of Sis hundred guilders. Thus done in Council in Fort Amsterdam. Present : the Hon"'® General Fetrus Stuyvesant, the late Director William Kieft, Mr. Dincldage, Mr. La Montange, Cap- tain lieutenant Nuton, Jacob Loper, Naval oflScer Fauliis Leendersen, and Jan Claess Bol, captain of the Princess, the 4 July, A" 1647, in Neiv Netlierland. NEW NETHERLAND. 73 OBDIISrANCE Of the Director and Council of New Netherland, imposing an Export Duty on Furs. Passed 23 July, 1647. [N. Y. Col. MSS. IV. 330.] Whereas for some years past all Free traders here Proambio. in New Netlierland have paid a duty on all Peltries purchased and bartered by them here and exported, as ships offered, to Fatherland, the Council have, therefore, considered it highly necessary to establish a fixed Duty, so that each may know what impost he has to pay ; WTierefore it is Eesolved that the Duty shall be computed : On every exported Beaver- j^sSf °" skin shall be paid, Fifteen stivers ; two halves for one whole, and three Drielings* for two whole Beavers ; each Otter and Beaverskin, Fifteen stivers; each Elkhide, Fifteen stivers, and the other furs of less value, in proportion. Thus done in Council, Present, the Hon*'^ D" Gen- eral Petrus Stuyvesandt, the Hon'''® William Kieft, late director, Mr. La Montagne, Lieutenant Nuton, Naval ofBcer Paulus Leendersen, and Jan Claesen Bol. The 23'» July A" 1647. « Drieling — somewhat less than a half. Vanderkemp. 10 74 LAWS OF ORDINANCE Preamble. Surveyors of streets appointed. Their powers. No person to build without their knowledge. Penalty. Proprietors of vacant lots to build thereon, On pain of forfeiture. Of the Director and Council of New Netlaerland regulating Buildings in the city of New Amsterdam. Passed 25 July, 1647. [N. Y. Col. MSS. rv. 334 ; XVI. 9.] Whereas we see and remark by experience the irregularity heretofore and still daily observed in building and erecting of Houses ; in extending of Lois far beyond the survey line ; in setting up Hog pens and Privies on the highways and streets; in neglecting and omitting duly to build on granted and conceded lots ; the Hon*"^ Director General Petrus Stuyvesandt and the Hon'''® Council, in order to prevent the same in future, have Eesolved to appoint three Street surveyors (Boymeesters) to wit, the Hon*"® Liibiert van Dincklage, the Naval OflScer Paulns Leendersen, and the Secretary Cornells van Tienhoven, whom we hereby authorize and empower to condemn and in future to stop all unsightly and irregular Buildings, Fences, Palisades, Posts, Eails, etc. Therefore, we Order and warn all and every of our Subjects, who from now henceforth are inclined to build on, or inclose any Gardens or Lots within or near the city New Amsterdam, not to proceed in the erection or construction thereof without the previous knowledge of, speaking to and survey by the afore- said appointed Street Surveyors, under a fine of 25 Carolus guilders and the abatement of what they have built or set up. In like manner, we will have all and every who have heretofore received any lots, warned and notified to build within Nine months from this date, regular, good and decent houses on their lots, according to law, or in default thereof, such unimproved Lots shall be forfeit to the Patroon or Lord proprietor, or shall be conveyed to whom- soever he pleases. NEW NETHERLAND. 75 Thus done in Council in Fort Amsterdam, Present the Hon"'* Director Kieft (sic) M' DincMage, Mr. La Montagne, Lieutenant Nuton, Patiltis Leendersen Naval Officer, and Jan Claesz. Boll. 25 July A° 1647. ORDINANCE Of the Director and Council of New Netlierland establishing a Board of Nine Men. Passed 25 September, 1647. [N. Y. Col. MSS. IV. 334.] Petkus Stuyvesai^t, on behalf of the High and Mighty Lords States General, his Serene Highness the Prince of Orange and the Hon*"" Directors of the General Incorporated West India Company of the United Netherlands, Director general of New Nether- land and the Curacao islands, Captain and Commander in Chief of the said Company's Ships and Yachts in this Northern part of America; together with the Hon"'* Council. To all those who shall read, or hear these Presehts read. Greeting: Whbeeas We, pursuant to Our Commission and Preamwe. general Instruction, desire, wish or require nothing else but that this government of Neiv Netlierland entrusted to Us, and especially this Our Capital and residence. New Amsterdam, may grow and advance in good order, justice, police, population, prosperity and mutual peace and improvement; be provided and famished with a proper and strong Fort, a Church, School, Sheet- piling, Pier and similar highly necessary public and common works and buildings, whereunto We, in pursuance of bur concurrent Instruction, are commanded to solicit the cooperation of the Com- monalty, as such concerns their own welfare and defence, and is customary in all well ordered Govern- ments, Colonies and Places; Yet, however, being 76 LAWS OF disinclined to burthen and oppress, by virtue of our granted Commission and Instruction, tbe good and peaceable Commonalty, our dear Vassals and Subjects, by exactions, impositions and intolerable taxes, but rather to induce and solicit them, by a more reason- able manner of consent, to lend a helping hand in such honorable and most necessary works; And whereas it is difficult to bring so many heads under one capoch, or so many votes into one voice. We have, by the advice of our Council, heretofore proposed and submitted to the Commonalty that they, without passion or hatred or envy, select twice the number Boardof^ of Nine persons from the most notable, most reason- to be chosen, able, most honorable and most respectable of our Subjects, in order that a single number of Nine per- sons may be chosen and appointed from them to confer, as Selectmen, with us and our Council, on the subject of such approval and cooperative means, and to assist, to the best of their knowledge and informa- tion, in promoting and forwarding the welfare both of ' the Commonalty and of the Commonwealth ; whereunto, then, on the day aforesaid, a double number being selected by our dear subjects, the good Commonalty, are by Us and our Council therefrom chosen, to wit: Their From the Merchants — Auqustyn Heerman, Arnoldus Names. "^ •' van Hardenherch, and Govert Loockermans ; From the Burghers — Jan Jansen Damen, Jacob Wolphertsen and HendricTc Kip; From the Farmers — MacMel Jansen, Jan Evertsen Bout and Thomas Hall, as Spokesmen for the Com- monalty, who having taken the oath of fidelity to Us and the Hon'''^ Coimcil to regulate and govern them- selves in conformity to reason and the Orders and Instructions yet to be given, are hereby confirmed in their abovementioned quality, under the following Eules : NEW NETHERLAND. 77 First. That they as good Spokesmen and Agents Thoir^ of the Commonalty will aim at, and as far as lies in their power, help to promote the honor of God and welfare of our dear Fatherland, the greatest advan- tage of the Company and the prosperity of the worthy Commonalty here, and the advancement of the pure Eeformed Eeligion as taught at this day in the Church here and in Netherland. Second. That they shall not setup and form any Not to how private Conventicles and Meetings, much less consul- Meetings. tations and resolutions, without the knowledge and advice of the Director General and his Council, or without his special and particular Order, except only, to meet when legally convened and having heard the pro- auu^o^^ed. posals of the Hon"'^ Director General and Council, they can adjourn and take a recess in order to confer with each other upon, and to consider such proposals and thereafter to give advice : Provided, nevertheless, Director ^ General to that the Director General retains the power to com- p^S'n't'of mission himself or some one of the Council to act as President at such our consultations and deliberations, to collect the votes and to make a report to the Council. Third. Whereas in consequence of the increase of increase ^ of Lawsulia. the Inhabitants, Lawsuits and disputes which parties bring against each other, are multiplied, and also divers questions and quarrels of trifling moment, which can be determined and disposed of by Arbi- trators, but, in consequence of matters of greater importance, frequently remain over and undecided, to the prejudice and injury of this place and the good people thereof, and also to the great expence, loss of time and vexation of the contending parties, three J^^fj^^^** out of those chosen shall have access once a week, tSe^w^eliy on Thursday, the usual Burgher Court day, to our general Council as long as civil cases are before the Court in order to obtain a knowledge of the cases 78 LAWS OF In rotation, and To act as Beferees. Appeals. Their Successors, how to be appointed. Time for nominating them. and parties who might be referred to them as Arbitra- tors and Good Men ; to wit, one from the Merchants ; one from the Burghers ; one from the Farmers, which shall regularly rotate every month. And if one of them be indisposed or absent, he may subordinate another of the elected in his place; And parties referred by the Council to them as Arbitrators and Good Men and being judged shall remain bound to submit without opposition to the pronounced decision, or in default thereof be fined One pound Flemish for the first time, to be paid before the aggrieved party can appeal, or obtain a hearing before our Council from the decision of the Good Men. Fourth. The number of the Mne elected Select Men shall continue until further Order and circumstances, saving that Six shall retire annually, and 12 picked out from the most qualified Inhabitants, which names shall be returned to us by the Nine Men assembled collegialiter without its being necessary to convene the entire Commonalty hereafter, which Meeting shall take place on the last of December following the next New Year's day and so every year after- wards. Thus done and enacted in Council, 25 September A° 1647. (Signed) P. Stuyvesant, L. Tan Dincldage, La Montagne, Brian Newton, Paulus Leendersen van die Grift and A. Keyser. NEW NETHERLAND. 79 ORDINANCE Of the Director and Council of New Netherland providing for the Completion of Fort New Amsterdam. Passed 22 Novemher, 1647. [N. T. Col. MSS. IV. 352.] Whereas Fort New Amsterdam is entirely out of preamwc repair, and it is liighly necessary that it be placed at the earliest and most convenient opportunity in a thorough and complete state of defense, in order, therefore, to the speeds'^ and diligent consummation of that noble work, which not only tends to the reputation of this Province but also affords a safe asylum to the Inhabitants of this place in time of danger (which God avert). We, the Director General and Council of New Netherland, have deemed it proper and highly necessary, in pursuance, also, of an order of the Hon*'' Directors thereunto, to request the Commonalty to lend a helping hand to this laudable work, prized by all Nations, and in order that the Commonalty may not bo aggrieved by ^'t'^^i^i'g heavy and intolerable burthens. We have judged it wirk"" twelve days to be the best means of all, that every Male person tSSTon.'"' from 16 to 60 years, shall each for himself work twelve days in the year at the said Fort, or whoever finds it inconvenient to perform such labor, shall be f^empuon. exempt therefrom on payment of two Guilders for each day. 80 LAWS OF RESOLUTION Of the Director and Council of New Netherland respecting loose Wampum. Passed 30 November, 1647. [N. T. Col. MSS. rv". 352.] wampumto Kesolved and concluded in Council at Fort Am- be current, sterdttm, that, until further Order, the loose Wampum shall continue current and in circulation ; only that ^mperfcct in the meanwhile, all imperfect, broken and unpierced Muon? beads can be picked out, which are declared Bullion, and shall, meantime, be received at the Company's counting house as heretofore. Provided that the . Company, or anyone on its part, shall, in return, be at liberty to trade therewith among the Merchants or other Inhabitants, or in larger parcels as may be agreed upon and stipulated by any individual, or on Isehalf of the Company. ORDINANCE Of the Director and Council of New Netherland forbidding Brewers to retail, and Tavern keepers to manufacture Beer. Passed 12 January, 164S. [N. T. Col. MSS. rv. 356; XVI. 10.] Preamble. The Director au d Council of New Netherland h avin g observed that there are, in and around the city of New Amsterdam, Brewers who tap and sell by retail, whence it may arise and happen that the Beer when brewed and thus retailed is not duly entered nor the legal excise thereon paid, Therefore, the said Director BKwcrejiot General and Council, in conformity to the rule and by retail. customs of Holland, forbid, as they do hereby, all who brew in and around this citj^ from tapping, retailing or selling Beer by the can or glass, and all Dot to brow Tapsters from brewing or allowing others to brew for NEW NETHERLAND. 81 them, ou paiu of forfeiting all such Beer as shall be penalty. found on such Brewers' or Tapsters' premises, and in addition, of being excluded from trade during mouths. Thus done the 12 January, A° 1G48. RESOLUTION Of the Director and Council of New Nethcrland opening the Trade to Brazil and Angola, and authorizing the Importation of Slaves into New Netherland. Passed 20 January, 1648. [N. Y. Col. Doc. I, 215.] Resolved, that private Inhabitants of New Nether- Trade to ' -^ Brazil and land shall be allowed to export their Country produce wen?dto under suitable duty, in their own or chartered Ships, ''^"^■ to Brazil and Angola, on these following conditions : First, that the aforesaid ships, when in Brazil, shall conditiona. not be at liberty to return back with Sugars to New Netherland aforesaid, but shall let themselves be chartered directly hither. Secondly, that the permit to proceed to Angola abovementioned shall be granted only provisionally, and that for the time that the dispensation shall continue in regard to the transpor- slaves to ba tation of Slaves, which was accorded on Thursday ^'^ata. last. Thirdly, that those willing to go to Angola, shall, previous to their departure from Netv Nether- land, take out a commission and permit from here, and also give security similar to all other private persons sailing from this country. Note. — The Directors at Amsterdam communicating the above resolution to Director Stuyvesant on the 7 April, 1648, wrote as follows : " It is provisionally resolved (by the States General) that all Colo- nists of the country there, shall be at liberty to convey from thence in their own, or chartered Ships, their produce of Flour, Fish, Beef, Peas and Beans, and all other articles, to Brazil and Angola; that said ships shall be privileged to receive freight again for these coun- tries ; but that such as have completed their trade in Angola, may carry Negroes to your place to be employed in the cultivation of the 11 82 LAWS OF SoO. By this Resolution you will perceive that you are at liberty to send one ship with all sorts of provisions to Angola, to convey, in return, Negroes thither. Please, therefore, seize on this opportunity as soon as possible, with tlie provisions which, you say^you will have remaining." N. Y. Col. MSK XI. 12. I do not find any minute of such a ship, or of any vessel having been sent to Africa from JVem Netherland, in consequence of the above resolution and instruction. Te. Preamble. ORDINANCE Of the Director and Council of New Netherland prohibiting Wooden Chimneys, and appointing Firewardens in New Amsterdam. Passed i January, 1G48. [N. T. Col. MSS. IV. 357 ; XVI. 10.] The Hon"" Director General of New Netherland, Curacao and the Islands thereof, and the Hon*"* Council having by experience seen and observed that some careless people neglect to keep their Chimneys clean by sweeping, and do not pay attention to their fires, whereby recently two Houses were burned and greater damage is to be expected in future from fire, the rather as the houses here in Neiv Amsterdam are for the most part built of Wood and thatched with Eeed, besides which the Chimneys of some of the houses are of wood, which also is most dangerous ; Therefore the Hon''"' General and Council aforesaid have considered it proper and most expedient to provide herein, wherefore the said Hon"' General and Council Ordain, enact and command as they hereby do, that from now henceforward no Chimneys shall be built of wood or [lath and] plaister in any houses between th.e Fort and the Fresh Water, but those already erected may remain until further order and pleasure of the Firewardens ; and in order that the foregoing shall be well observed, to that end are appolSted."^ appointed as Firewardens — from the Hon''"' Council, Commissary Adriaen d'Keyser; from the Commonalty, DamL. Thomas Hall, Marten Crigier and George Wolsey, Chimneys of wood probibiled. NEW NETHERLAND. 83 with power at their pleasure to see if the Chimneys Their^^ in all houses situate and standing within this city every where around, between this Fort and the Fresh Water, are kept well cleaned by sweeping, and if anyone be found negligent he shall, every time the Firewardens aforesaid examine and find thq Chimneys foul, pay them forthwith, without any contradiction, a fine of three Guilders for every flue i?*",^'^f found on examination to be dirty, to be expended for '•"'""'J'^- Fire ladders, Hooks and Buckets which shall be Ji'^^'tobe Ijrocured and provided at the earliest and most "p'"'^'*- convenient opportunity, and if any one's house be burned, or be the cause of fire, either through negli- gence or by his own fire, he shall forfeit 25 florins to be applied as above. Thus done and enacted in Fort Amsterdam in Neiv Netherland, the 23d January, A" 1648.* Published. ORDINANCE Of the Director and Council of New Netherland further regulating the Fur trade and imposing a Duty on Exported Furs. Passed 29 January, A° 1648. [N. T. Col. MSS.IV. S39.] It is unanimouslj- considered in Council proper and advantageous, most serviceable, expedient and profi- table for the Hon. West India Company, and also for the better prevention of Smuggling, to mark the Beavers, Bearskins, Otters and Elkhides with the f„X!her Company's mark so soon as they will be brought here mariied,^ from other.piaces; provided that whoever shall have the Beavers stamped, shall be responsible for the duty. Likewise, all Merchants and Traders shall remain ^JJ^^^, bound to enter all Peltries, bartered, trucked or purchased either from Heathens or Christians, with the Comnii.ssaries of the Company either at or about <•■ Iq the copy of this Ordinance in Vol. 16, the date is 28 January, 1648. ouFuis. 84 LAWS OP Fort Orange, Fort Nassau & the Mouse the Hope, and to bring with them a certificate thereof signed by the Commissary. Further, all other Peltries which may be traded or bought on the way hither between [the Manhattans and] Fort Orange or the South river or at^ny other quarter where there are no Commissaries of the Company, must be entered by the Owner, immediafely on arriving in the roadstead here before the Port, or if anyone shall be found to have acted otherwise, the Peltries which may then be discovered Penalty. shall be held and declared confiscable. The Trader shall enter with the Eeceiver the Peltries which are procured on the Island of Manhattan or elsewhere in its vicinity from the Natives or others, three days after he has traded or bought them, on pain of confiscation. gjg?"* There must be paid, from this day forward, and until further order -and circumstances, at the Com- pany's counting house as duty, for every whole Beaver 15 stivers; for one Otter 15 stivers; for one Bearskin 15 stivers ; an Elkhide 15 stivers ; for each Deerskin 5 stivers; a coat of Eaccoon, Wild Oat and of Fisher's skins, 15 stivers each ; 10 single skins counted for one coat also 15 stivers, and all that from the Peltries which are entered for exportation. Thus done and enacted the 29"' January, A° 1648, in New Amsterdam. Note. — 1649, January 22. The Directors at Amsterdam in a dispatch to Director Stuyvesant of this date, express their "surprise tliat he has somewhat altered the Duty on Exported Peltries ; receiving for the Beavers, Otters, Bearskins and Ellchides each |^ece, 15 stivers ; and for the Deerskins 5 stivers, for which 8 per cent was received before. It is our opinion," they add, "that it had been better not to have done so. No good can come of changing all those Kesolutiona without tlie knowledge of the Assembly of the XIX. Circumstancea do not warrant the taxing of these Goods higher than before, the rather as Beaver which people were accustomed to buy for 8 @ 9 florins, are now sold for 6, 7 and 8 florins, according to quaUty." N. Y. Col. MS3.S.1. 14. See Ordinance of 4 September, 1652, in which the Duty is reduced. Tb. NEW NETHERLAND. 85 ORDINANCE Of the Director and Council of New Netherland against Goats and Hogs running at large in New Amsterdam. Passed 10 March, 1648. [N. T. Col. MSS. IV. 366 ; XVI. 14.] Whereas the Hon*"' Director General and Council Preamwe. of Neiv Netherland have daily seen and remarked that the Goats and Hogs here around Fort Amsterdam daily commit great damage in Orchards, Gardens and other improvements, whereby it follows not only that the planting of beautiful Orchards and Gardens are prevented, but considerable damage is done to Individuals. Therefore the Hon"'^ Director General and Council, willing to provide herein, do, from this time forward, Ordain and Enact that no Goats nor Goauand Hogs not to Hogs shall be pastured or kept between the fortifi- far°gfwithin cation of New Amsterdam (or its vicinity) and the AlZta-aam. Fresh Water, except within each its own inclosure, and that so well constructed that the Goats do not leap over it, and commit damage on any person ; Also, Goats beyond the Fresh Water shall not be pastured without a Herdsman and Keeper, on pain of having the Goats found at large on this side of the Fresh Water, or without a Herdsman or Keepei?' Goats near the city to beyond it, taken up by the Fiscal and declared forfeit te herded. by the Hon"^ Director General and Council. Let every one be warned hereby and take heed against loss. , Thus done in Council at Fort Amsterdam in New Netherland, the 10*" March, A" 1648. Note.— Another copy of the above Ordinance is in Vol. 4: 372, dated 16 March, 1648. Tr. 86 LAWS OF ORDINANCE Of the Director and Council of New Netherland for tlie resrulation of Trade and Navigation ; the establishment of a weekly Market and an annual Fair-, and declaring the East river free to all nations. Passed 10 March, 1648. [N. T. Col. MSS. IV. 3S0.] Petkus Stutvesant on behalf of tlie High and Mighty Lords States General of the United Nether- lands, his Highness of Orange and the Hon"'* Directors of the Incorporated West India Company, Director General of New Netherland, Curacao, and the Islands thereof, together with the Hon"'' Coniicil. To all those who shall see these Presents, or hear them read, Greeting, proambio. Whereas Wc, pursHant to the good intention and order of the aforesaid High and Mighty Lords States General, his Serene Highness and the Hon''"' Directors, would not witness nor promote any thing more readily than the prosperous increase and peopling of this Province of Nexv Netherland, and the general good and welfare of the worthy Inhabitants thereof, whereunto' first of all are required sound Laws and Ordinances as well in the matters of Trade, Naviga- tion, Building, as of Municipal government and local regulations. Therefore, We having taken and still taking into more serious consideration and delibera- tion the Petition and written Eemoustrance of the Nine elected Selectmen, our good and dear subjects, wherein they represent, and by sorrowful experience verify the daily decline and violation of Trade and IS'avigation, proceeding for the most part from the underselling, frauds, smuggling perpetrated by the one against the other, principally by such as take little or no interest in this new growing Province and feel little concern and care for its prosperity and welfare, and therefore, do not benefit it either by NEW NETIIERLAND. 87 Bouweries or Bniklings, but solely applying them- selves, with small capital and cargoes, (for wliicli tbey Lire for a brief period only one room or honse) to the Beaver and Far trade, and having traded and trucked said peltries from the good Inhabitants, or the Natives sufficiently high beyond their value, have recourse to all sorts of naeans, by night and at unseasonable hours, to convey them secretly out of the Country, or to the North, without paying the l)roper duty thereon, and having enriched themselves by these and other illicit i)rac(ices and means, they take their departure and go back home without con- ferring or bestowing any benefit on this Province or the Inhabitants thereof. By this underselling and fraudulent trade, the Wares and Merchandizes of others who, by means of Bouweries or with hand- some Buildings in regard to this place, interest themselves in the Country, are depreciated and . remain unsold to their great loss and damage. Wishing as far as in our power lies, to remedy and prevent the aforesaid, in order to the establishment of a more stable course of Commerce and mutual Trade, for the greater advantage of the oldest and interested Inhabitants and to promote the prosperity and increase of this place, New Amsterdam, We the abovementioned Director and Council do. Therefore, hereby Ordain and enact on the subject of Trade as follows : That no person shall henceforward be allowed to ^||^'J^'"«" keep a public or private Shop on shore, in cellar or garret, or to carry on any Trade by the small weight and measure within our Government in the Province of Neiv Netherland, except our good and dear Inhab- itants who, before they have taken the Oath of Allegiance, own real estate {sijn gehinjsien gehooft) at '^l^^,^^^g least to the amount of two to three thousand guilders nJeana"'' and have promised to reside, or at least to keep fire 88 LAWS OF Actual Betail Store- keepers excepted, Who are to remain four years in the Country, and To use Dutch Weights and Measures. Penalty. Foreign Mercbant^i permitted to sell their Goods on board their ships by wholesale and retail on entering the same and Eaying the duties, and TIslngDutch Weights and Heasures. and light in their own House, here in the land within this Province during four consecutive years ; With this exception and reserve however, that those who are already sworn and faithful subjects may, although not interested to the above amount in the country, nor Proprietors of real estate, continue their under- taken trade and business for the support of their house and family, and purchase "Wares and Merchan- dizes in large and small quantities, each according to his circumstances and means, from the wholesale Merchants and Traders, in order to retail them again by the pound and small measure, provided they promise and engage to remain four consecutive years within this government, or not to depart out of it without the knowledge and special consent of the Director General in loco, also not to make use, in buying and selling, of any other Ell, Weight or Measure than the legal Ell, Weight and Measure of our name-giver, Old Amsterdam, hitherto in general use here, on pain of suspension of business and, in addition, a fine of twenty-five Guilders. Item. In order to preserve and maintain trade and commerce with all new comers, whether Merchants, Factors or Scotch from Fatherland and elsewhere ; also, with our neighbors of Virginia and Netv Eng- land, &c. and to prevent all Monopoly, and the better to accommodate the Inhabitant, it is permitted and allowed to those persons to supply daily, Sundays excepted, the Burgher, Inhabitant and Stranger, with goods in large and small quantities from their Ships, Yachts and Sloops, pro.vided that the Goods and Merchandizes are in the first instance properly entered, and the previously enacted and customary Duties on what is sold correctly i)aid at the office of the Eeceiver, and in the buying and selling no other Weight, Measure nor Ell be used than that in use here, on the penalty aforesaid. NEW NETHERLAND. 89 In like manner, also, are hereby given and granted ^^^^^^^ to the Stranger and Inhabitant, a Weekly Market- fr^iSiTket. po f ah 1 i s tiGci day, to wit Monday, and annually a Free Market for when ten consecutive days, which shall begin on the first Monday after Bartholemew's day* New style, corres- ponding to the legal Amsterdam Fair, on which weekly and annual days the Ifeighbor and Stranger, as well as the Inhabitant, are allowed and permitted to supply the purchaser from a Booth, by the ell, be"erMtS*^ weight and measure, wholesale and retail, according *o7goo&*'^ to the demand and circumstances of each, in con- formity to the weight, ell and measure as aforesaid, and no other. With regard to the navigation which is the chief means whereby commerce, trade and traflSc are pre- served and sustained, the Director General and Council are informed and see by experience, that tSS|^'° considerable Fraud, Smuggling, abuses' and illegali- ties have for sometime past crept in and are taking deeper root daily, through the illicit gain by which many, being misled, abandon their usual business, occupation, employment and trade, and invest all their means in one or another vessel, in which they not only lodge and board, without conferring any benefit on this place, or country, but, under pretext ot procuring Maize or other Grain, corrupt, defraud and ruin the trade both in Wampum and Peltries with the Natives, to the great loss and damage of the honest Traders, Merchants and Inhabitants of this place, for the redress and prevention whereof the Hon"'^ Director General and Council do hereby Ordain and Enact, that no person shall henceforth be at liberty to frequent, navigate, or trade at the South or Proprietors the North Elver, or in any Bays, Kills and Creeks ^^A^,ter- situate up and between them, except only the Bur- t?a"de°S)mo '^ ' i ^ South and , ghers and Inhabitants of this City who possess real s-fvlis. *24th of August.— Te. 12 90 LAWS OF Traders to take out a permit and clearance, and To give in correct returns of their Cargoes. Reserva- IIUU. Proprietors of Real Estate in JVViy Amster- dam only allowed to build or purciiase uew Vessels. estate therein to tbe aforesaid amount of Two @. Three thousand guilders, whereuuto, however, they, pursu- ant to an old Ordinance and Cnstom, shall previously seek and obtain from the Director General an act and commission and at each voyage a clearance, to be exhibited to the Commissary and Ofticer there, and apply to him again for another to be shown to us or our deputy here, on which shall appear and be entered the correct quantity and quality of the freighted wares and Merchandizes and returns, without con- cealing any thing in the least thereof, on jjain of confiscation of all concealed Merchandizes and Pel- tries in said Ship, Yacht or Sloop whether they be shipped and conveyed on private account or on freight. We likewise order our Fiscal here, and Commissaries, Officers and Servants residing at Forts Orange, Nassau and elsewhere, to pay strict and close atten- tion to drawing up, examining and exacting of such clearances, on pain of dismissal. Item. To the intent that these presents be the better understood and cleared of all cavil and obscu- rities, the Director and Council aforesaid reserve unto themselves the power to grant at their will and pleasure, for a few months. Commission to trade at said Elvers, Streams and trading posts, but only to such as are actually sworn Inhabitants and Vassals in this place, having taken the Oath of Allegiance and entered into bonds to continue under our government four consecutive years, although they have not in fact invested the aforesaid sum nor own a domicile in the Country; provided that they promise and engage, in the meantime, to adorn this i)lace with a decent and burgherlike building and invest in the Country according to their rank and means; but no other person shall be permitted or allowed to have built or to buy new Yachts, Sloops or Vessels, unless NEW NETHERLAND. 91 he own real estate in the aforesaid city of Neiv Amsterdam, below the Fresh Water. Item. They reserve unto themselves, in order to f,f1Jll^^^" promote greater intercourse and mutual commerce S"S^«- u'jjck and both between the Golonie Benselaerswijclc and other fn'l^,?'*''^' places annexed and snbiect to this Government, to tote"""' ■^ •' admitted admit such Colonic into this civil Exemption and p^'vueges * Privilege, for one, two or three Vessels according to circumstances and the exigencies of affairs, provided that the persons own real estate there or here to the amount aforesaid, and remain subject to the regula- tiorts previously and herein made and hereafter to be enacted. The navigation of the East Eiver as well toward f^^^^^^'^ this place as toward our allies and neighbors and ^^^^ English Virginia, is left open and free as heretofore, to all persons of what quality or nation soever they may be, on condition that all our Inhabitants, whether of this or of other places under our Government, shall apply for and obtain a new Commission and Permit and correctly enter with the Fiscal, or in his J;j'J"""'«'i absence at the Office of the Eeceiver, the Goods and Merchandizes which they transport hither and thither; and such persons are hereby warned that all Mer- chandizes, Wares and Eeturus, without any exception but Firewood, Clapboards, Lime aud Stone, which Jf^p^'^^ are not entered, shall be liable to confiscation together i,Kand ' , ^ . T . T stone. with the Boats, Barks, Lighters and Canoes m which the same may be found. We ordain and enact that the previous Ordinance ^JSTces and Eegulation respecting the anchoring of Large '^™'"^''- and Small Vessels* being published and posted anew, shall be strictly observed, respected and obeyed ; to vessel to wit, that no Yachts shall anchor except at the ;,'iigSd. appointed anchorage, and not remove thence until Smv™' being visited by the Fiscal, they afterwards have ^ithont * See supra, p. 71. Kx ported Goods to be entered ; tliererroni without a permit. 92 LAWS OP No VesBela to be boarded or discharged between Sunset and Sunrise, Unless by npeclul permit. receive from the Director, or, in his absence, from the Fiscal, a written Permit to discharge elsewhere. We do again Ordain and enact,- for the prevention of scandalous Smuggling, that no Boats, Barges, Yawls nor Canoes shall, in the evening after sunset and in the morning before sunrise, go on board of, or leave any Vessel, or discharge or land any Goods or Merchandizes, under a penalty of one pound Flemish, and all Goods and Merchandizes found therein, unless a special permit on account of some pressing haste and necessity and circumstance, be previously asked for and obtained from the Hon"® Director, or, in his absence, from the Vice Director or Fiscal. We also command our Fiscal strictly to enforce and execute this our Regulation and Ordinance together with the other, after the publication and posting thereof, and to proceed against the Oontra- veners thereof without any exception, according to the tenor of these presents. Thus done in Council, the 10 March, A° 1648, in Neiv Amsterdam in Neiv Netherland. Note. — The Directors at Amsterdam disapproved of some of the clauses contained in the preceding Ordinance, which eventually led to the establishment of the law of Burgherright : " Your Honor proposes that no person ought to carry on any busi- ness there, except those who are willing to oblige themselves to continue to reside there 3@4 years, and that no person should sell any thing there by the small measure, except on the same conditions. Also, that no person shall navigate the river with any vessel except Burghers who have permanent residences there, and have real estate to the amount of 3@4 thousand guilders. " We will observe thereon, that we should greatly desire that the Company were in such a position as to be able to prevent, according to your good intention, all these private extortioners ; but \ve find it for the present impracticable. Therefore, your Honor must, in the first place, temporize on all these points, until more favorable circum- stances." Directors to Stuyvesant, 27 January, 1649. N. Y. Col. MSS. XI, 14.— Tb. NEW NETHERLAND. 93 ORDINANCE Of the Director and Council of New Netherland regulating Taverns in New Amsterdam. Passed 10 March, 1648. [N. Y. Col. MSS. IV. 370; XVI, 11.] Petrus Stuyvesant, Director General of New Netherland, Curacao, etc., and the Hon"'" Council, To all those who shall see these Presents or hear them read. Greeting. Whereas we see and experience that our former Preamwa Edict enacted against unseasonable drinking to excess both at Night and on the Sabbath of the Lord,* to the scandal and shame of Us and Our Nation is not observed and obeyed according to our intent and meaning, we hereby renew the same, and do Ordain Lawagamst and enact, that it shall henceforth be put, maintained SifSiSSay, and executed in stricter observance and force, pur- ^^""'"^ ' suant to the tenor and provisions therein set forth. Meanwhile, the reason and cause why this our good Edict and well meant Ordinance is not obeyed according to the tenor and purport thereof are, that this sort of business and the profit easily accruing therefrom divert and lead many from their original and primitive calling, occupation and business to resort to Tavern-keeping, so that nearly the just f^^i^°/'^ fourth of the city New Amsterdam consists of Brandy ITnZ"^^ shops. Tobacco or Beer houses, by the multitude, f^™^^^ whereof not only are more honorable Trades and ^"'""' occupations neglected and disregarded, but even the Common people and the Company's servants seriously debauched; and what is still worse, the Youth, seeing f^^^^^" and following, as from their very childhood, this improper example of their Parents, are drawn from the path of Virtue and into all sorts of irjegularity. Hence, also, proceed Cheatings, Smuggling, and frauds and the clandestine sale of Beer and Brandy See supra, p. 61. 94 LAWS OF No New Taverns to be set up without permi^ioQ. Tavern- keepers, (fee, already established to continue lour years and to provide themselves with decent houses ; to the Indians and Natives, as daily exijerience, God help us! shows, from which nothing but new difficul- cnlties between us and them are to be apprehended ; and, moreover, decent Taverns established and licensed for the use and accommodation of Travelers, Strangers and Inhabitants which honorably and honestly pay their Taxes and Excise and own or lease suitable houses, sitting under heavier expenses, are seriously injured in their licensed and lawful business by these underground Groggeries. Wherein being willing to i)rovide according to the exigency of affairs, the circumstances of the time and oiu- ability. Therefore we, the Director General and Coun- cil aforesaid, on the subject of the Tapsters and Tavern-Keepers do Ordain and enact the following Eegulation and By-Law. 1. First, henceforward no new Ale houses Taverns nor Tippling places shall be opened or set up except with the previous special knowledge and consent of the Director and Council unanimously granted and expressed. 2. Taverns, Alehouses and Tippling places already established may continue at least four consecutive years more, but, in the meantime, remain bound and obliged to supply themselves, like other decent trades in this placei, with proper and respectable citizen houses for the embellishment and improvement of this city Neiv Amsterdam, each according to his state, quality and circumstances, pursuant to the Ordinance and regulation for buildings made by the Director and CouLiCil, by the advice and with the knowledge of the City Surveyors {Eoymeesters). 3. Tavernkeepers and Tapsters, who are allowed for certain reasons to continue this business for at NEW NETHERLAND. 95 least four years more, maj" change their trade, but i^^^'j^^'^jse may not transfer to another their busiaess of tapping' nort'mnsier ,,. ,. ,. -111.1 1 Unit 01' sell- er selhng hqnor, nor hire nor sell then' house and jjjf^^^X"''' dwelling to anyone else for that purpose, unless with ".VTha™"™ the previous advice, full consent and permission of the Director and Council. 4. ■ Item. Tavernkeepers and Tapsters from now IJ'rnLr'' henceforward shall not sell, barter nor give as a fidians'" present, either by the first, second or third hand, nor provide the Natives with any Beer, Wine, Brandy or Spirituous liquors, on pain of forfeiting their business and of au arbitrary correction at the discretion of the Judge. 5. Item. To prevent all Fightings and Mischiefs, incas»9f they shall be obliged to notify the Officer immedi- pr!ipr,eto'r , 1-11 1 • "iiist notify ately in case anyone be wounded or hurt at their toeomcer. house, on pain of forfeiting their business and one pound Flemish for every hour after the wound or hurt has been inflicted and is concealed by the Tap- ster or Tavern keeper. 6. The Ordinances heretofore published against ^"^^1^^^^ unseasonable Night reveling and immoderate Drink- Sller'thf'" ing on the Sabbath, shall be observed with more 5$%*™";"^ strict attention and care by the Tavernkeepers and InWSSSys, belore three Tapsters, to wit: That they shall not admit nor odocn:; entertain any company in the evening after the ringing of the Farmers' bell, nor sell nor furnish Beer or Liquor to any person. Travelers and Boarders alone excepted, on the Sunday before three o'clock in the afternoon when Divine service is 'finished, under the penalty thereto affixed by law. 7. Item. They shall be bound not to receive Nor receive any Liquors directlj'^ nor indirectly into their houses or cellars pirmT^ 96 LAWS OF any Wines, Beer or Strong liquors before tbese are entered at the oflSce of the Eeceiver and a permit therefor received, under forfeit of such their business. Beer and Liquors, and in addition, a heavy fine at the discretion of the Court. 8. k?Jp"rato Lastly. All Tavernkeepers and Tapsters who Shames arc iucliued to continue their business shall, within and promise n * t t /^ t i the°prov™ t"® space oi eight days after the publication and thfeLaw. posting hereof, give and hand in their address and names to the Director and Council and there solemnly promise punctually to observe in all its parts what is enacted, or may hereafter be enacted on the subject of Tapsters and Tavern keepers, and conduct themselves decently in their calling as good and faithful subjects, &c. Thus done in Council in Fort Amsterdam in New Netherland, the 10 March, Anno 1648. ADDITIOML PRIVILEGES Granted by the Director and Council of New Netherland to the Town of Flushing. 27 April, 1G48. [N. T. Col. MS§. IV. 3S2.] Whereas divers misunderstaudings have hereto- preamwe. fore arisen among the Inhabitants of New Flushing in New Netherland, the said Inhabitants have, there- fore, referred the question to the Director General and Council, to whose decision they have voluntarily submitted themselves ; in like manner they have in writing referred the election of Schout and Schepens there to the said General and Council, having only provisionally named and proposed to the Hon"'' ?e"om" Director and Council John Onderhill as Schout ; thlTovvn''o'f John Tousen, John Hicx, William Toorn, for Schepens and Selectmen, and John Laurence, for Clerk, before whom all Civil Suits under 50 Guilders shall be cjvii juris- diction of brought, and that pursuant to the written Order to *"« court. that end granted to the Inhabitants of Flushing. Therefore, after Consideration of the Matters herein to be deliberated, for the greater tranquillity of the Province, and the assured peace and unity of said village of Flushinq is John Onderhill by us chosen officers <^ ^ •^ Appointed, for, and appointed Schout, and the said persons Schepens and Clerk, provided that the Schout and Schepens shall take the Oath of Allegiance and up- Totakeoer- '■ o i tain Oaths. Tightness punctually to follow in all Civil Cases the written Eule and Articles already issued and enacted for them. Which being done. We charge and com- mand the Inhabitants of our Town of New Flushing to respect said Persons each in his quality, and to lend them a helping hand in the execution of their oflBce. Thus done the 27 April, A° 1648 in Fort Amsterdam in Neiv Netherland. 13 98 LAWS OF Laws against the desPcratioQ of the tSabbath, renewed and enlarged. Afternoon Sermon and Prayer.'i, ordered. ORDINANCE Of the Director and Council of New Netlierland for the better observance of the Sabbath. Passed 29 April, 1648. [N. T. Col. MSS. rv. 382 ; XVI. 14.] Petkus Stuyvesant, on the behalf of the High and Mighty Lords States General of the United Netherlands, his Highness the Lord Prince of Orange, and the Hon'"'' Directors of the General Incorporated West India Company, Director General of Neiv Netli- erland, Curacao and the Islands thereof, together with the Hon"'" Oonncil. Wheeeas we see and find that, notwithstanding Our well meant Laws and Ordinances, heretofore i)ro- mulgated for the observance, and sanctiiication of the Holy Sabbath in conformity to God's holy command, they are not comi)lied with and obeyed according to our good intent and meaning, but that it is still prophaned and desecrated in divers ways, to the great scandal, offense and reproach of the Commonalty and foreign neighbors who frequent this place, the con- tempt and disregard of God's Holy Word and of our Ordinances deduced therefrom, Therefore, We, the Director General and Council aforesaid, in order to avert, as much as iu us lies, from Us and our Subjects the Avrath and chastisement of God to be apprehended from these and other transgressions, do hereby renew and amplify our previous Edicts and Ordinances, having, for the stricter observance thereof, with the pre-advice of the Minister of the Gospel, deemed it expedient that a Sermon shall be preached from the Sacred Scriptures and the usual Prayers and Thanks- giving offered from this time forward in the afternoon as well as in the forenoon ; Wherefore we request and command all Our Ofiicers, Subjects and Vassals to frequent and attend the same; Meanwhile, in conformity with our aforesaid Ordinances, We forbid NEW NETHERLAND. 99 during Divine Service, all Tapping, Fishing, Hunt- |'i°;['t'^p'''°s. ing, and other customary avocations, trading and ¥rad'in|"" business either in Houses, Cellars, Shops, Ships, mvV?,I Yachts, or in the streets and markets, under the penalty of forfeiting all such wares, merchandizes and goods, or their redemption with the sum of 25 '^^^^'y- florins, until further order to be applied to the Poor and the Church, and in addition thereto One i)ound Flemish to be forfeited as well by the Buyers as the Sellers, by the Lessees as by the Lessors, to be dis- tributed one-half to the Officer, oue-half at the discretion of the Court. In like manner, also, we do, hereby, interdict and forbid all persons on the afore- said day, spending his time to the shame and scandal to'^b"'^'"''^ •" ^ arrested and of others in gross drunkenness and excess, on pain, punched. if so found, of being arrested by Our Fiscal and any superior and inferior OflScer, and arbitrarily punished by the Court. Thus done and, after reconsideration, enacted and published the 29 April, A" 1G48, in New Amsterdam in NeiVtNetherland. 100 LAWS OF Preamble. No Liquor to be fur- nished to Indians. Evidence of Indians in this case, aduiibuible. Penalty ORDINANCE Of the Director and Council of New Netherland furtlier proliibiting the sale of Intoxicating Liquor to Indians. Passed 13 Mai/, 1048. [N. Y. Col. MSS. IV. 384: 7X1. 16.] Whereas it is seen and observed by daily experi- ence that, notwithstanding it is repeatedly forbidden in previous Edicts to tap, give, barter or sell by the third or fourth hand, directly or indirectly, any strong drink to the Indians or Natives of these parts, yet it may every day be plainly perceived that Indians are running drunk along the Manhattans, and that the people who reside at a distance suffer serious annoyance from drunken Indians, whence new troubles and wars, as heretofore, are to be appre- hended, wherefore the Hon'''^ Director General and Council have thought it necessary to renew once more the previous Ordinance and hereby most strictly to forbid, as we hereby do, the giving, bartering or selling of any strong drink, by what name soever they may be called,* and in case anyone afteo the date hereof be found (so offending), were it even that the Information be received from the Indians (to whom for weighty reasons credit shall be given in such case) he shall, in addition to the fine prescribed in the previous Ordinance, receive without any dis- simulation, an arbitrary corporal punishment ; for it is better that such evil disposed persons be punished than that a whole country and people should sufler in consequence of their acts. Thus done the 13 May, Anno 1648, in Council in Fort Amsterdam in Neiv Netherland. ■•■■•" to Indians " — seems to be implied, though not expressed in the Text. Tb. NEW NETHERLAND. 101 ORDINANCE Of the Director and Council of New Netherland further prohibiting the Sale of Firearms, &c. to Indians. Passed 19 August, 1648. [N. Y. Col. MSS. rv. 411.] This is a Renewal of the Ordinance of the 23 February, 1645. Suigra, p. 47. ORDINANCE Of the Director and Council of New Netherland obliging Scotch Merchants and Petty Traders to reside three years in New Nether- land, &c. Passed 18 September, 1648. [N. T. Col. MSS. IV. 416.] Wheeeas the Hon"'^ Director General and Council Preamwa have seen and by experience remarked that several of the Scotch Merchants and Petty Traders who from time to time come over in the ships from Father- land, do and aim at nothing else than solely to spoil trade and business by their underselling; they dis- pose of their goods with the utmost speed ; give 11 @ 12 guilders in loose Wampum for one Beaver, and when sold out, go back again in the ships of that same year in which they come, without bestow- ing or conferring any benefit on the Country, all the burthens whereof, on the contrary, the Inhabitants who own property must bear. Therefore, to prevent such destroyers of trade, it is judged proper and profitable for New Netherland and the Inhabitants thereof, and it is Ordained, that henceforth those Merchants, Scots and Petty traders Merchants ' '' and Traders who come over in any ships from Patria with inten- to/ety^rs tion to trade here either with Christians or Heathens NeijS^iatui, by the large and small Measure, Ell and Weight, shall not be permitted to carry on any business in the least on shore here unless they take up their and 102 LAWS OF Build a decent house in Amsterdam. Skippers supercar- goes and owners of their own sliips, excepted. abode here in Neiv Netherland three consecutive years, and in addition bnild in this city Neiv Amster- dam a decent citizen dwelling, each according to his circumstances and means ; all Merchants and others who oblige themselves to transact business in a citizen house and to remain 3 years in the country, shall be admitted and none else, the Skipper or Merchant of his own or of his master's Ship alone excepted, but these shall not be at liberty to keep any Shop on shore. Thus done in the presence of the Hon"'^ Director General, Mr. Dincklagen, Mr. La Montagne, Briant Nuton and Paulus Leendertsen this 18th September, A° 1648, New Amsterdam. Firewar- dens to Inspect the Chimneys. Penalty for I'oul Chimneys. ORDINANCE Of the Director and Council of New Netherland for the better enforcing of the Ordinance against Fires. PassecZ 28 September. 1648. [N. Y. Col. MSS. IV. 416 ; XVI. IC] The Hon"'' Director General and Council of Neiv Netherland order and command the Firewardens, for the purpose of preventing all calamities from fire, to visit every house in this city Neiv Amsterdam and see that everyone is keeping his Chimney properly clean by sweeping, and to oblige tjiose in default immedi- ately to pay the fine of three Guilders, to be applied according to the Ordinance in this regard published on the 21 January, 1G48.* Thus done and ordained in the Council in Fort Amsterdam in Neiv Netherland the 28 September, 1G48 ; Present : the Hon"'^ Director General, L. Dincldage, La Montagne, Briant Nuton, Paulus Leendertsen. ■» See supra, p. 82. NEW NETHERLAND. ORDINANCE Of the Director and Council of New Netlierlaild for tlie recovery of Wages due to Indians. Passed 28 September, 1648. [N. T. Col. MSS. IV. 417; XVI. 17.] "Whbebas great complaints are dailj- made by preamble. Indians and Natives to the Hon''''' Director General and Council that some Inhabitants of Netv Netherland put the Natives to work and employ them in their service and frequently dismiss them without pay after the work is performed, and persist, against all public law, in refusing to pay the Indians for their labor, Avhich Indians threaten, if they are not remunerated and paid, to pay themselves, or to revenge themselves by other improper means; Therefore, the Hon''"' Director General aud Council, in order to put a stop to and prevent as much as possible, in good time, all mischief, will have all Inhabitants warned, who are indebted any thing to the Indians for wages or ^^Jf^fj^^^f otherwise, to pay them without contradiction, and if '"'"'p^''- they in future employ them, they shall be bound to pay them on the representation and complaint of the Indians, who for good reasons shall, in that case, be g;|*™"=f^°^ competent witnesses; on pain of paying such fine as oS^mI, in the circumstances of the case shall be found proper. Thus done in Council and published the 28th Sep- tember, 16iS, in Netv Amsterdam; Present: the Hon"'" Director General, L. van DincMagen, La Montague, B. Nuton aud Pauliis Leendertsen 104 LAWS OF ORDINANCE Persons bound to Service not to be harbored longer than 24 hours. Penalty. Of the Director and Council of Nety Netherland against Fugitives from Service. Passed 6 October, 1G48. [N. Y. Col. MSS. IV. 418 ; XVI. 17.] Whekeas the Hon*"^ Director General and Council daily see and observe that some of the Inhabitants of Neiv Netherland harbor in their Houses and Dwell- ings the Company's Servants and other their domestics when they run away from their Lords and Masters, also those of our Neighbors who come hither from abroad, whereby many servants, when they are dissat- isfied with their employment, are afforded a means and opportunity to run away, which is of daily occurrence, and because the Hon'''® Director General and Council would prevent and hinder such practices as much as is possible and practicable, Therefore, the Director General and Council hereby notify and warn all persons against harboring or entertaining anyone bound to service either to the Company, or to any private individual here or elsewhere, and against lodging and boarding them at most longer than 24 hours, and if any one shall be found to have acted contrary hereto, he shall forfeit a fine of fl.150 to be paid to whomsoever will make the complaint and it may appertain. Thus done in Council the 6 October, 1648; Present: the Hon*"® Director General, L. Dincklagen, La Mon- tague, B. Nuton and P. Leendertsen. NEW NETHERLAND. , 105 ORDINANCE Of the Director and Council of New Netherland for the speedier erection of Buildings in New Amsterdam. Passed 15 December, 1648. [N. T. Col. MSS. rV. 423 ; XVI. 18.] Whereas the Hon'"« Director General and Council preamble. of Neiv Netherland have long before this admonished the Commonalty by an Ordinance that their lots oti the Island of Manhattan are laid out too large and bigger than they can be built on by some Inhabit- ants ; And whereas some persons desire to build, and scarcely a spot is to be found hereabouts on which a house can be conveniently built, Therefore the propriptore •' to build on •Director General and Council aforesaid think it "^«''i'0'«- advisable to notify all persons once more for the last time to erect proper buildings on their lots, or in default, the Director General and Council will dispose penalty. of suitable places to those who are inclined to build houses in this city New Amsterdam and to allow the present proprietors for them a reasonable indemnity at the discretion of the Street Surveyors. Let every one be warned hereby, and if anyone intend to build he will please give in his name to the Secretary, which being done, proper order will be made thereon. Thus done in Council and published and posted the 15 December, A° 1648, in Neiv Amsterdam in New Netherland; Present: the Hon"^ the General, Mr. Dincldage, La Montagne, Brian Nuton. Paulus Leen- dertsen. 14 106 LAWS OF ORDINANCE Preamble. Duty on Netherland Tobacco. Of the Director and Council of New Netlierland fixing the duty on New Netherland Tobacco. Passed 21 April, 1649. [N. Y. Col. MSS. IV. 430.] The Hon*"^ Director General and Council of New Netherland, To all those who shall see these Presents, or hear them read, Greeting, make known ; That the Hon"'*' Directors of the Incorporated West India Company, in order to assist and encourage this their dependency of New Netherland above all others, have, upon our earnest Eemonstrauce to thenj respecting the heavy duties on Tobacco, notified and made known to us by their last despatch, dated the 29 January, that henceforth no higher- nor greater duty shall be imposed on New Netherland Tobacco cultivated and raised within the limits of their juris- diction and this government entrusted to Us. than on the poorest Tobacco of the Caribbean Islands, to wit : Forty-five stivers V 100. whereby the aforesaid Hon''"' Directors, our Patroous not only signify and manifest their favorable disposition towards this their dependency, seeing that this Tobacco is much more valuable and dearer tlian the other, but also evince their good intention and hope through this privilege to attract others and to encourage Population, Agriculture and husbandry, which we have thought necessary to publish aud make known to the end that those who have already settled uuder, or should still wish to come into our government during this favorable season may have a knowledge thereof. We, therefore, command that this adopted Resolution of our Lords Patroous be published and affixed not only here at the Manhattans, but also in all other Colonies and Villages within this Jurisdiction, to the NEW NETHERLAND. 107 end that every oue may know how to govern himself to his advantage in his Farming and Agriculture. Thus done -in Our Council this 21 April. A°, 1649, New Amsterdam. Note. — The dispatch montioned in the above Ordinance is dated 27th January, 1049, and the alteration in tlie Duty on Tobacco was made at the suggestion of Director Stuyvesant as appears by the language of the letter and for the following reasons : " Your complaint of the heavy Tax on Tobacco grown in the country there induces us, in the hope of encouraging the People to cultivate it, hereby to consent, that the Tobacco produced in our conquests there, shall pay no more than the Tobacco coming from the Carribean islands to wit, 45 stivers ^ hundred, whence you can well conclude that our object is to benefit those our possessions beyond all other places, especially as this Tobacco is much better than any other product coming from the Islands. We have been able to arrive at this resolution the sooner, because we understand the Swedes employ all means to stimulate theix subjects to cultivate Tobacco in those parts [viz., on the Dela- ware], and have, therefore, bestowed large privileges on them, and have even granted an exclusive right that no person shall import Tobacco into that Kingdom without their consent on pain of confis- cation of all the property ; with the view that oven no other wares may be imported into Sweden than what this Corporation [the Swedish W. I. Company] should grow in the Swedish Virginias. Under this privilege some great men, it is said, are concealed, namely the Lord Chancellor of the Kingdom [Oxensteirn] and somebody else residing in this country on the part of that crown, whose name, for reasons, we do not mention." N. Y. Col. MSS. XI. 14. On the 4 AprU, 1652, the Directors at Amsterdam notified Director Stuyvesant that they had abolished the Duty of 8 per cent, on Tobacco, the growth of New Netherland. Ibid, 53. Th. 108 LAWS OF ORDINAN'CE Preamble. Affidavits and other Legal papers nnt Bworn to in Court or before a Magistrate, or not writ- ten by the Becretary declared null ahd void. Ordinance of the 12 June 164ft renewed. Of the Director and Council of New Netherland further providing for the proper drawing up of Legal Instruments. Passed 8 May, 1649. [N. Y. Col. MSS. rv. 437.] Wheeeas it is daily observed that, contrary to the Law and Ordinance of the Lords States General, and the Edict published 12 June, 1646* by the late Director General and Council, grave mistakes are committed in the writing and drawing up of evidences by private persons who are neither qualified thereto bj'^ Oath, nor called thereto by authority, whereby frequently many things are written to the advantage of those who have the papers drawn up, interspersed with sinister, obscure and dubious words, oftentimes con- trary to the meaning of the witnesses, to the great prejudice and damage of the parties, and in order to prevent this result, dangerous in a Eepublic, and to strengthen the knowledge of the truth necessary in all Courts, Therefore we annul and declare invalid, as we do hereby annul and declare invalid all AflBda- vits, Interrogatories, or other Instruments serving as evidence, which are written by private Individuals and not confirmed by oath before the Court here or other Magistrates, as we do also from now henceforth annul all Aflidavits which will not be written by the Secretary or other authorized person, likewise all Contracts, Testaments, Agreements and other import- ant documents, unless by necessity it should be impossible to call on such person. Thus on the 8"" May 1649 in Council it is resolved that the above Ordinance published on the 12 June 1646, should be renewed. The minute is signed by P. Stiiyvesant, H. van Dyck, fiscal. La Montagne, Briant Nuton, A. Keyser. Mr. Bincldage refused to sign. * See page 59. NEW NETHERLAND. 109 OKDINANCE Of the Director and Council of New Netherland to enforce the Law- respecting Weights and Measures. Passed 19 July, 1649. • [N. Y. Col. MSS. IV. 443.] The Hon'''® Director General and Council of New preamble. Netherland daily observing that their Ordinances heretofore made and enacted respecting Weights and Measures,* is not duly complied with by some, but greatly violated by the good Inhabitants, Therefore the Hon"'® Director General and Council notify all wholesale and retail Traders, also Bakers and ^r^^t^riiam Weights all others who sell any thing by the Ell, Measure or |}'ei,ures Weight, to use no other Ell, Weight nor Measure in ^e ll°i. delivering or receiving, than the legal Amsterdam Ell, Weight and Measure, and to the end that every thing may be done in order, the Hon)"® Director & Council will hereby give notice to all Inhabitants and Traders to procure and provide themselves between inhabitants this date and the first of August next, with the legal thl^S' Amsterdam Ell, Weight and Measure. Meanwhile whoever has at the present time any weights shall bring them into the Company's warehouse in the Fort, to be there weighed and measured, so that in future no subject may suffer loss thereby. And in order that every thing may be carefully attended to and followed with greater zeal by all and everyone, the Fiscal Hendriclc van Dyclc is hereby commanded and authorized after the expiration of the first of August next, to inspect all Ells, Weights and Meas- ^J^e^^ ures as often as he shall think proper, and whosoever ti"^'"'^ shall then be found not to use the legal Ell, Weight '"''®°'®''' or Measure, shall pay such fine as is thereto pre- Penalty. scribed by law in our Fatherland. Let each be warned hereby and take heed against loss. ■•■-See Ordinance of 11 April, 1641. Supra p. 25. 110 . LAWS OP Thus done in Council the 17 July ; resumed and posted the 19 Juljs 1649. New Amsterdam in New Netlierland. ORDINANCE Of the Director and Council of New Netherland to prevent frauds on tlie Excise. Passed 8 November , 164'J. [N. Y. Col. MSS. XVI. IS.] The Director General and Council of New Nether- land, To all those "who shall see these Presents or hear them read, Greeting. Preamble. Whercas wc scc and observe by experience that the Ordinances heretofore enacted against the Frauds and Snuiggling which are committed in regard to the Beer which is sold by the Tapsters and Tavern- keepers, also that notwithstanding our previous Ordinance some few Inhabitants still follow the business of tapping and brewing at the same time, whereby not only the customary Excise (pacht) is defrauded, but also other Tapsters, who follow the business of tapping only, are injured in their trade, which being desirous to remedy in conformity with the public law of Fatherland, We hereby Ordain and command that no Inhabitants who make a business Brewer-snot of Brcwiug shall, oiit of meal times, tap, sell or give to sell Beer . " ' > Ir'i S5 by KeSii. away by the small measure any Beer, Wine or Liquor, not even to Boarders who they pretend go to eat with them ; under which guise, we remark, no trifling fraud is committed ; to prevent both the one and the Beer to be othcr, Wc agalu Ordain that henceforth no Beer nor entered, and '-' «uS!^i Wine shall be removed from the Breweries, Cellars fto'S?™' ^^ Storehouses, or placed and pnt into the houses of the Tapsters unless they have first entered the same at the Secretary's Office, and the Carters or Porters from Breweries. NEW NETHERLAND. HI thereof have taken out a permit therefor signed by the chief clerk of the Secretary, which shall be shown and exhibited, on the same day that it is taken out and signed, to our Fiscal IlendricJc van Dyclc or, in his absence, to his substitute ; notifying, at the same time, all Brewers not to deliver any Beer they may Brewers not i/ J i; to deliver sell, nor to let Carters or Beer-carriers or Tapsters oufa^rmit. take it away, unless a permit therefor be previously exhibited to them, on pain of forfeiting the Beer and Wine and all appurtenances whether Horses, Sleighs or any other vehicles wherewith the same are removed, penalty. and an arbitrary correction of such as lend a hand thereto. Thus done and after reconsideration enacted, in Our Council in Fort Amsterdam, this 8 ISTovember, A° 1G49. ORDINANCE Of the Director and Council of New Netherland prohibiting the Exportation of Grain and Bread from New Netherland. Passed 8 November, 1649. [New Amsterdam Records.] The Director General and Council of New Nether- Pieamwe. land having remarked the scarcity of the crops of the past year, and also that there is great complaint among the good Inhabitants that there is already scarcely enough of Bread to be had of the Bakers for themselves and their children, and it is to be feared, if there be not a seasonable interposition, that there will be a further deficiency of Breadcorn and a greater advance in price. Therefore, the Director and Council do by these J^gf^^ifed presents Ordain that from this time forth until further """^'^'^ Order and a larger supply of grain, no Brewer shall be permitted to malt or brew any Wheat on pain of 112 LAWS OF Bye and Bread prohibited. forfeiting the wheat so malted, and an arbitrary pen- alty. And they do, furthermore, by these presents Ei^rtation interdict and forbid the Exportation out of the Province of Neiv Netherland of any Wheat, Eye, or baked Bread until, after a more exact estimate of the quantity of grain and yearly consumption, our necessary consent to such shall be given. Thus done and approved in Our session this 8th day of ISTovember, A. D. 1649. (Signed,) P. Stuyvesant, L. Tan DincMagen, H. Tan Dijlce, La Montague, Brian Neivton. ORDINANCE Of the Director and Council of NewNetherland regulating the Baking and Sale of Bread. Passed 8 November, 1G49. [N. Y. Col. MSS. XIV. 20.] The Director General and Council of New Nether- land, To all those who see, read, or hear these Presents read, make known. Preamble. That upou the mauifold complaints made to us by a number of our Inhabitants both as to the poorness of the coarse Bread and the light weight of the White Bread with which the good people cannot be provided by the Bakers for the common currency, in consequence of the Indians, or ISTatives of this country buying the Bread, without examination and inquiry as to the weight or price, from the Bakers for stringed Wampum, which the majority of the Inhabitants cannot do for want of stringed Wam- pum, whence it consequently follows that, through a lust and desire of great profit, the Indians and bar- barous Natives are provided with the best, in prefer- ence to the Christian B'ation ; the Director and Council aforesaid, being desirous to provide therefor NEW NETHERLAND. 113 in the most proper manner, according to their ability and existing circumstances, to the best advantage of the Commonalty, do hereby Ordain and command, that, from now henceforward until our further Eeso- g.^^ba^""' lution, no Bakers shall be at liberty to bake or sell to Seiiior the Natives or Christians any fine bolted or white Bread, or Cakes for presents, on pain of forfeiting all the baked white Bread and Fifty Carolus guilders penalty. in addition, to be applied according to circumstances, provided nevertheless that no Inhabitants are hereby piotiso. prevented baking or having baked for their own household, or for grand entertainments, such quantity of white Bread as occasion may require; for their Honors of the Council will hereby only interdict and forbid, as they do hereby interdict and forbid the use- less consumption and general sale of white Bread and Cakes as Well to the Inhabitants as Natives, so as thereby to prevent and put a stop, by this means, to what is committed in regard to the Bread generally on sale. And in order that neither the good Inhabitants nor the Natives be herein incommoded by over and short weight, the aforesaid Director and Council Ordain, that the Bakers who henceforth make a busi- ness of baking Bread for sale, shall manufacture it either of pure Wheat or of pure Eye, as these come from the Mill, in loaves of eight, four and two pounds Assteeot weight, at such price as shall be fixed by their Honors e^t^wianed. of the Court from time to time, according to the value and rate of purchase of the grain. Thus done, resumed and enacted in Our Council, this 8 November, 1649 15 114 LAWS OF ORDINANCE Of the Director and Council of New Netherland to prevent Frauds in the conveyance of Real Estate.. Passed 7 February, 1650. [New Amsterdam Eecords.] Preamble. Whekeas the Director and Council of New Netli- erland liave been informed that divers clandestine abuses and Frauds have been practiced in the selling of Eeal Estate, such as Houses, Gardens, House lots and other lands, to the serious injury of Creditors. No deed Therefore, the Director and Council do by these for Eeal i . i • , sl'lntd^uf presents, charge their Secretary, and in his absence iSrSirlc^l the Chief Clerk, not to pass nor sign any Deed of and Council. , ,, , -, • t i Eeal Estate until it shall have been examined and approved by the Director and Council at the stated Another Court day, hereby declaring all Contracts and Con- emm' vevances null and void which shall have been passed declared »j *■ TOid.*"" without their approbation, ratification and signature. Thus done and approved in our sessions at Fort Amsterdam this 7th day of February, Anno 1650. (Signed,) P. Stuyvesant, L. Tan DincMagen, H. Tan Dylce, fiscal. La Montague. ' ORDINANCE Of the Director and Council of New Netherland against encumbering or obstructing Highways. Passed 23 May 1650. Note. — This Law is mentioned in N. Y. Col. Mss. XVI. 3, -where the substance of it is given, forbidding the obstruction of Highways by felling Trees or placing Stones in them, and requiring that they be kept passable. But the Ordinance is not in the State Records. ^eepost, p. 345. NEW NETHERLAND. 115 ORDINANCE Of the Director and Council of New Netherland amending the Ordi- nance of the 8 November, 1649, regulating the Baking and Sale of bread. Passed 14 April, 1650. [New Amsterdam Records.] The Director General and Council have granted ^tStr'" tbe request of the Bakers, and they are at liberty to bKad,^ut'® no Cakes. bake, for the accommodation of the Commonalty, ^Vhite bread, but no Cakes nor Cracknels ; provided proviso. they bake the White loaf so as to conform in weight with the law of Fatherland. Furthermore, the Bakers are ordered to bake the The com- mon loaf to common loaf and forbidden to make it of any thing whfafSnd else but pure Wheat and Eye flour, as it comes from the Mill, so that the Commonalty may be protected against complaints concerning the poorness and small size of the common loaf. Done this 14 April, A° 1650, in the Council at Fort Amsterdam. Eye flour. ORDINANCE Of the Director and Council of New Netherland for the better regula- tion of the Currency. Passed 30 May, 1650. [N. T. Col. MSS. XVI. 21.] The Director General and Council of New Nether- land, To all those who see these Presents or hear them read, Greeting. Whereas we have by experience and for a long preamwe. time seen the^^ecline and daily depreciation of the loose Wampum, among which are circulating many without holes and half finished ; also some of Stone, frauds m Wampum Bone, Glass, Muscle-shells, Horn, yea even of Wood and Broken beads, together with the manifold com- plaints of the Inhabitants that they cannot go to 116 LAWS OF market witli such Wampum, nor obtain any com- modities, not even a small loaf of white Bread or pot of Beer from the Traders, Bakers or Tapsters for loose Wampum, wherein wishing to provide accord- ing to our best knowledge for this time, we have for the promotion of Trade and the general good of the People, resolved and concluded that from hencefor- Loose ward no more loose Wampum shall be current, or good to be strung, p^y un]ess it bo strung on a cord, as has been the common custom heretofore ; in order hereby to pre- vent the further importation of all lump and uuper- forated Wampum and to establish some diflFerence between the commercial Wampum and strung Wam- pum, so as in future to obviate all misunderstanding, the Hon"'^ Director and Council aforesaid do Ordain that the commercial shall pass and be good pay as Eate of heretofore, to wit Six White or Three Black for one Commer- pSi'r "rang Stlvcr ; on the contrary, poor strung Wampum shall •Wampum. ^^^^ eight White and four Black for one Stiver. We Order and command every one hereby to regulate himself according to the tenor hereof, and in case of Penalty. a rcfusal to be deprived of their trade and business, and the Fiscal is hereby ordered after publication to cause this to be affixed and made known everywhere that it concerns, also to use every effort that the same be executed and obeyed here. Thus done, resumed and enacted in Our Council in Fort Amsterdam, this 30th May, A" 1650 in New Netherland. NEW NETHERLAND. 117 ORDINANCE Of the Director and Council of New Netherland further regulating the Currency. Passed 14 September 1650. [N. Y. Col. MSS. XVI. 22.] The Director General aod Council of Netv Netlier- land, To all those who hear, see or read these presents, Greeting. Whereas on the daily complaints of the Inhabit- preamwe. ants we experience that our previous Ordinance and Edict relative to the poor strung Wampum, published under date 30 May, A° 1650, for the accom- modation and protection of the ijeople, is not observed and obeyed according to our good intention and meaning, but that, on the contrary, such pay even ^°^''jg^°K for small items is rejected and refused by Shopkeep- ^^f"^""- ers. Brewers, Bakers, Tapsters, Tradespeople and Laboring men, to the great confusion and inconveni- ence of the Inhabitants in general, there being, at present, no other currency whereby the Inhabitants cu°r?eScy. can procure from each other small articles of daily trade, for which Avishing to provide as much as possi- ble, for the relief and protection of the inhabitants, the Director and Council do hereby Ordain and com- mand that, in conformity to our previous Ordinance, the poor strung Wampum shall be current and I^ie^S™ accepted by every one, without distinction and excep- tion, for small and daily necessary commodities re- quired for housekeeping, as currency to the amount of Twelve gnilders and under only, in poor strung to what wampum ; of twelve to twenty four guilders half and half, that is to say, half poor strung and half good strung wampum ; of twenty guilders to fifty guilders, one-third poor strung and two-thirds good strung wampum, and in larger sums according to the conditions agreed upon between Buyer and Seller, 118 LAWS OF Penalty. undet a penalty of six guilders for the first time to be forfeited on refusal by the contraveners hereof; for the second time nine guilders, and for the third time two pounds Flemish and stoppage of his trade and business, pursuant to our previous Edicts. Thus done and enacted in Council by the Director and Council, this 14 September, 1650, in New Am- sterdam. Horses, (;ows, Sheep. ^ioatfi, &c., not to run at large Willi in cer- tain limits. ORDIIsrANCE Of the Director and Council of New Netherland further prohibiting the running at large of Goats, Hogs and other Animals in New Amsterdam. Passed 27 June, 1650. [New AmBterdam Records.] • The Director General and Council of Neiv Nether- land, To all those who see these presents, or hear them read. Greeting. Wheeeas, experience hath shown that this For- tress, formerly in tolerable condition, has been in a great degree trodden down by Hogs, Goats and Sheep ; and Whereas in conformity with the Order of the Hon"^ the Directors our Lords Majors and Patroons, men are now employed in repairing and restoring the same, and it is to be feared that it may as before again become damaged and trodden down by Goats, Sheep, Hogs and other animals. Therefore, the Director General and Council do, by these presents, warn all and every of the Inhabitants of this place that, in accordance with our former Edict, they shall not suffer to run at large without a Herdsman or driver, except within their own inclo- sures, any Hogs, Sheep, Goats, Horses or Cows between the Hon*'^ Company's Farm at the end of their Pasture, at present occupied by Thomas Hall, nor between the house of Mr. Isaac Allerton, and this NEW" NETHERLAND. 119 place, under the penalty of six guilders for the first Penalty. offense for every Horse, Cow, Hog or Sheep that may be found within the limits aforesaid ; for the second time, a double fine ; and for the third time the whole to be confiscated and to be appropriated at pleasure. Thus done, approved and published at Neiv Amster- dam in Neiv Netherland, this 27th day of June, A" 1650. ORDINANCE Of the Director and Council of New Netlierland regulating the price of Bread, Wine, Brandy, &c. Passed 5 June, 1651. [N. Y. Col. MSS. XVI. 23.] The Director General and Council of New Nether- land, To all who hear, see or read these Presents, Greet- ing make known. That we this day having received the complaints compiainu of the good Inhabitants submitted to us through the ""i^ro"'"* Selectmen of this place, respecting the extortion, wine,'&c. exaction and usurious profits imposed by some, both in the matter of white Bread and in retailing of Wine, Brandy and Strong liquors by the small measure, by certain Tapsters and Tavern keepers and practiced for a long time to the great damage and loss of the Commonalty and many private Inhabitants, wherein wishing to provide as far as possible, the Director and Council of New NetJierland have pre- viously computed with the Selectmen the presenfe price of the Bread grain, also what weight it can produce; likewise the present price of Wine, Brandy and Strong liquors and how an exorbitant profit is realized by the small measure from them, so that more than one hundred per cent on the first cost is advanced on the one and the other, Therefore, the Director General and Council of Neto Netherland 120 LAWS OP in order to prevent such exaction and imposition, do hereby Ordain and command that both the pure White loaf and the Wheaten and Rye loaf shall be baked and sold according to its correct Weight, Assize of to wit: The Wheaten and Eye loaf as heretofore Wheaten ^ Breadi*'^ Ordered and published ; the Whole loaf, eight pounds ; the Half loaf four pounds, -which shall be sold until further order and a lower rate of grain, the whole Wheaten loaf, fourteen stivers, and the whole Eye loaf, twelve stivers, the half loaf in proportion. With regard to the white Bread, it is hereby Ordained that it also shall be baked according to its Assize of exact and correct Weight : to wit, of one pound, half White o ' r ' Bread. ^ pouud aud quarter of a pound at the option ot the Baker, without his being at liberty to break that schedule, and the pound of bolted white bread of good and clean wheat must not be sold for more than three stivers the pouud; those of greater or less weight calculated in proportion. Further, whereas the Director and Council have been informed, both by the Select men and by divers ?etefto Farmers, that some Bakers refuse to bake Eye bread, Sre Eye and do not hesitate to give as the reason that they Bread. =' "' derive more profit from the white and wheaten bread, whereby it comes to happen that not only many poor Inhabitants, who cannot afford to purchase White bread, frequently remain inconvenienced and in want of bread, but also that the Farmers cannot sell the Eye they have cultivated and raised, to the manifest 'injury both of Agriculture and of the Commonalty, the Director and Council do hereby Ordain and Com- mand that for the accommodation as well of the Poor as of the Eich, [the Bakers] shall bake Eye bread as well as White and Wheaten bread, on pain Bttkerato of being excluded from their business and fined 25 bate Kye ° ien^iyf''" guildcrs for the first time they shall be found contra- vening these presents. NEW NETHERLAND. 121 In regard to the Wines, Brandies and strong Liquors whicli for a long time past have been sold by some Tapsters 10 @ 12, yea 14 stivers the quartern or gill, winl!"*^ to the great wrong of the Commonalty, the Director andotLr and Council thereupon Ordain that in the Taverns the can of French Wine shall be sold at eighteen or Established. twenty stivers, the Spanish Wine forty or forty-four stivers, the gill of Brandy seven stivers and no higher ; and all this until further Order and occurrence of the rise or fall of the price of the Wine by the great measure. And in order to accommodate and oblige the good Inhabitants and arriving Traders still further, with respect to the payment in Wampum, and as it is not convenient for the former to lay in Wine, Brandy, and strong Liquors, all arriving Traders, Scotch and wSfc^h*' arriving Merchants are hereby permitted, until our further Trader order, to furnish the Commonalty free of excise grimly, for stringed Wampum, but at a reasonable ^nd l^uok" moderate advance, to wit: the French Wine at twelve stivers T pot, the Spanish Wine at one dollar (thirty stivers), the Brandy and Strong liquors at thirty-two stivers the can, for the accommodation of the Inhabitants only who are not Tavern keepers ; but with this understanding, that such Wines drawn from ^'°^°- the Merchants by the can must not be retailed by any Inhabitants, of what quality or nation soever they may be, by the smaller or larger measure, on pain of forfeiting the Wine, and twenty-five guilders fine. Thirdly, whereas the Director and Council are informed that, notwithtanding their formerly issued j;jo;ate" Edicts and Ordinances, some Brewers are retailing ordmances; their brewed Beer by the small measure and can, not only to the damage, injury and diminution of the customary Excise, but also to the obstruction of the business of others who make a profession of tapping 16 * * 122 LAWS OP and selling by the small measure ; And whereas we experience that some Brewers carry on this trade more securely under the pretense of accommodating wnichare the Oommoualtv by the small measure, our former renewed. *^ '' Ordinance and Edicts are hereby not only renewed, Brewers not but lu additiou, all such persons are expressly inter- by retail. dictcd from selling any strong or small Beer by the small measure on draught, under the penalty in the former Placards set forth. In order, mean- proviaion wMlc, uot to subjcct the Poor to inconvenience, the for the Poor. ■' Director and Council will, as occasion may require, give permission to some particular Inhabitants who request it, to lay in small Beer free of Excise with liberty to retail the same at a reasonable advance by the small measure. Thus done, enacted and published in our Council this 5th June, A° 1651, in New Amsterdam. ORDINANCE Of the Director and Council of New Netherland to prevent Smug- gling. Passed 28 August, 1651. [N. T. Col. MSS. 271. 3.] This Ordinance is not among tlie Kecords. The Substance of it is given in Van Muyven's Revised Laws, post p. NEW NETHERLAND. 123 ORDINANCE Of the Director and Council of New Netherland regulating the Windmill. Passed February. 1652. [N. T. Col. MSS. V. 15.] Whereas for a long time past not a few com- preamwe. plaints have been made to us of the inconvenience to which the inhabitants are put because they can scarcely get their grain ground, or, if ground, cannot get it in such a state as it ought to be, for which reason the people are received with abuse, curses and threats, to providQ,against which as much as possible, and to prevent consequent disorder, it is thought proper, for the better accommodation of our good Inhabitants, supcrinten. o ' dpnt ot the to appoint a suitable person at a yearly salary to ^polSS. superintend the Hon"" Company's Windmill, subject to the following Conditions and Eegulations to be observed by every one : 1. The Miller shall be bound and also undertakes as Dut'>s°f tiie Miller far as the Mill is concerned, to be at the service of all Inhabitants, without distinction of persons, and, Wind and Weather permitting, either by himself or by another qualified person, to serve them as far as he is able, both by night and by day, as opportunity may oflFer, according to the proverb — First come, first" served; also First come, first to be waited on; wherein no one shall consider himself preferred except only the Hon"'" Company which has rising 70 @ 80 persons to provide with bread. 2. None of the inhabitants, whether servant or Free- No^f,s?ca _,,, .-..,.1 *j.« j-T-w«. a-t the Mill man, shall be at liberty to carry any grain to tne wu^^ta Mill, neither shall the Miller receive any grain into the Mill, without first having obtained a permit at the Office of the Store, whereupon the Quantity and qualitj'' of the grain are set forth. 124 LAWS OF Fee for Permit. Toll for grindiog. 3. In order to make the Olerk more willingly accom- modate, and more attentively wait on the Common- alty, One stiver shall be paid him for a permit for 3 skepels and over ; half a stiver for a permit under 3 skepels ; For toll on each skepel shall be paid three stivers in silver money, or good stringed Wampum, or commodities to the Miller's satisfaction. Miller to record Per- mits, and account for tlie Toll. Sniler not to be found ftvjltwittiif he refuse poor wampum. Scales and Weights to be placed la the MUl. Sacks of prain to contain no more than 3 Skepels. The Miller shall register the permits received in order, whenever required by the Director and Council, to render an account of the Toll, to be»compared with the Clerk's Register or account book, and he shall not give credit to any one for toll, except at his own risk. 5. Whereas the Revenue from the tolls ought to defray, besides the Miller's yearly salary, the expenses of the maintenance and improvement of the Mill, for which good pay is required, no person shall trouble or annoy the Miller or his man, by words much less by deeds, in case herefnse poor or unassorted Wampum, but herein apply the common Proverb — Many can carry more than one. 6. To prevent frauds, evil reflections and especially afterclaps, Weights and Scales shall be placed at a proper time in the Mill, in order that those wishing to do so may deliver in their grain at the scale and receive it back again, according to the Eegnlatiou formerly made there, or according to circumstances, hereafter to be enacted. 7. For the convenience of raising and lifting, no one shall be at liberty to bring more than three skepels in one sack to the Mill, or calculate less toll than for one skepel. NEW NETHERLAND. 135 8. Finally, in order to prevent all disputes, the Miller, on his promise and word, is intrusted with the grind- ing of every thing at the stated rates, wherewith every one ought to remain satisfied ; but if on an extraordinary occasion any one would have the Meal very fine and twice ground, if it can be done tou tor without great inconvenience to others, he may be 8"°''"'«- accommodated, at the discretion of the Miller, with • one or two runs through (the mill) on payment of three pence per skepel. Thus done and enacted the February, A° 1652 in the Council of the Hon*'^ Director General and Council of Neiv Netherland. P. STUYVESANT, LA MONTAGI^B, BKIAN KEWTOIf. ORDINANCE Of the Director and Council of New Netherland abolishing the Export duty of eight per cent on New Netherland Tobacco. Passed 1652. [N. T. Col. MSS. XI. B5.] Note. — On the 4 April, 1652, orders were sent by the Chamber at Amsterdam to the Director General and Council of New Netherland instructing them not to collect thenceforth the Duty of 8 per cent on exported Tobacco, the growth of New Netherland. Such Ordinance is not among the Records. Tb. 126 LAWS OF ORDINANCE Of the Director and Council of New Netherland imposing a Duty on Merchandize imported into New Netherland from New England. JPassed, 1652. [N. Y. Col. MSS. XI. 37.] Complaints from New , Netherland. Duties on Inportationa from Vir- ginia or New EngUmd, Note. — The Delegates from New Netherland to Holland presented a Petition to the States General, 26 July, 1649, praying for redress of several Grievances under which that Province suffered, and suggest- ing among other remedies, an Exemption from Duties. "It is to bo remarked," they added, " that our Neighbours pay no Duties, nor any other charges, not even on the Wares they purchase from us, which amount to considerable ; so that a great deal of fraud is committed in this way because several ships go first to New England, and then skulk under our neighbours' wings.' ' They next complained that the English have been thus exempted for a long time past, from the Duty which tho Dutch were obliged to pay. The Directors at Amsterdam, in answer, dated 31 January, 1650, promised to instruct Director Stuyvesant to conform himself, for the future, to the Order and Kegulation hereto- fore made and enacted. N. Y. Col. Doc. I. 267, 337, 344. On the 26 April, 1651, they accordingly wrote hither as follows : " In order further to promote the population of Neiv Netherland, and to attract shipping to that place, we have Kesolvod, that you shall henceforth collect 16 ^ cent from all Goods, being Merchandize, coming from English Virginia or New England into New Netherland, and that you shall allow all Goods going thither from Neio Netherland, to pass free of Duty ; to the end that a stop may be put to the practice resorted to by some, of shipping their Goods to New England, and then bringing them to Netu Netherland under the smaller Duty, and that the Merchants sailing direct from here to New Netherland be not prejudiced." The Minutes of Council of 1651 being lost, the above mentioned Ordinance is not among the Records. Its history is explained by the preceding extracts. Tb. CONDITIONS AND REGULATIONS . For the Importation of Negroes from Africa into New Netherland. Granted 4 April, 1652. '*• Note. — A Provisional plan for the Trade, Colonization and Benefit of New Netherland was submitted by the Deputies of the West India Company in 1650, to the States General, in which it was recommended " that the Inhabitants of New Netherland shall be at liberty to pur- chase Negroes wheresoever they may think necessary, except on the Coast of Guinea, and bring them into New Netherland to work on their Bouweries, on payment of a duty of fi. per head. N. Y. Col. Doc. 1. 304. This recommendation was followed on the 4 AprU, 1652 by a despatch from the Directors at Amsterdam to Director Stuyvesant, in which they say : " In order to favor this Plantation the more, we hereby consent on the proposal of the Inhabitants there, that they shall be at liberty to bring in their own ships from the coast of Africa, as many Negroes as they shall have need of for the cultivation of the soU, and that on the Conditions and Kegulations herewith transmitted." N. Y. Col. MSS. XI. 53. These " Conditions " are not among the Dutch Records. But their tenor may be inferred from a document of a subsequent date (N. Y. Col. MSS. IX. 193), by which it appears that the merchants of New Amsterdam who were willing to embark in the Slave trade, were not to go farther west, on the coast of Africa, than Ardre, or at most to Popo Sonde, and were excluded from the entire of the Gold Coast, Cape Verd, Sierra Leone, the Pepper Coast and Qua Qua coast. Negroes thus imported were to be taxed Fifteen guilders a head, said duty payable in Tobacco or Beaver. These terms not having been considered sufficiently encouraging, no result, therefore, followed the concessions of 1652, and Fiscal Van Dyclc, writing on the 18th September of that year, says : " No request for Negroes has been presented from Patroons or Colonists here to my knowledge." Whatever Slaves were imported thenceforth into New Netherland from Guinea, were brought in Dutch ships belonging to merchants of Holland, specially chartered, commissioned or licensed by the Amsterdam Chamber of the West India Company, which had the control of the African trade. Tk. Colonists to import Negroea from Africa, Limits of such Trade. Duty on I^egroes. 128 LAWS OF ORDINANCE Of the Director and Council of New Netherland against Illegal Trade in Powder, Lead, and Guns in New Netherland by Private persons. Passed April, 1652. [N. T. Col. MSS. XI. 53, 54.] Note. — On the 4 April, 1652, the Directors at Amsterdam transmitted to the Director and Council of New Netherland, a printed Ordinance to the above effect, the execution whereof was strictly enjoined. It is not among the Kecords, and seems, indeed, not to have been very strictly enforced, for the Directors at Amsterdam on the C June, 1653, say: "We have seen that you have been obliged, at the written request of those of Fort Orange and of the Colonie of Renselaerswyck, to connive somewhat in regard to the Edict enacted about contraband Goods. You ought to deal herein with a sparing hand, and take good care that through this winking no more ammunition be sold to the Indians than each one has need of foi the protection of his house and for obtaining the necessaries of life, so that this cruel and barbarous Nation may not be able, at any time, to turn and employ their weap- ons against ourselves there." N. Y. Col. MSS. XI. 83. Tb. ORDINANCE Of the Director and Council of New Netherland regulating the driv- ing of Wagons, Carts, &c., in New Amsterdam. Passed 27 June, 1652. [N. Y. Col, MSS. 5\a. 20.] Fastanviiig The Director General and Council of Netv Netlier- th rough Amsterdam i^^d, iH Order to prevent accidents, do nereby Ordain proubited. ^-^^^ jjQ Wagons, Carts or Sleighs shall be run, rode or driven at a gallop within this city of Neiv Amster- dam, that the drivers and conductors of all Wagons, Drivers not Carts and Sleighs within this city shall not sit or to sit or " '^ thX^carta, staud ou them but now henceforth within this City (the Broad Highway alone excepted) shall walk by the Wagons, Carts or Sleighs and so take and lead the Penalty. horscs, ou the penalty of two pounds Flemish for the first time, and for the second time~ double, and for the third time to be arbitrarily corrected therefor and NEW NETHERLAXD. 129 in addition to be responsible for all damages which may arise therefrom. Thus done and ordained in the Council of the Director General and Council of Neiv Netherland the 27 June, 1G'52. ORDINANCE Of the Director and Council of New Netherland against boarding Vessels arrivi'ng at New Amsterdam before the same are entered. Passed 27 June. 1652. [N. Y. Col. MS8. XVI. 20.] Whereas the Director General and Council have i^eambie. certain information and knowledge that, notwith- standing the former Order and prohibition issued in the time of the Hon"'^ Director General Kieft, some Inhabitants attempt with skiffs, boats, canoes and other craft, to go on board of ships and yachts arriv- ing from Fatherland and elsewhere, before and sooner than such ships, yachts and Barks come to anchor, according to order, before this city New Amsterdam, whence many frauds and much smuggling can result and have heretofore arisen, to prevent which the Director and Council do Ordain that pursuant to a previous Resolution no one, of what quality soever he may be, shall repair with any Skiff, Boat, Canoe NoHWpsto or Other craft on board of any arriving Ships, or come on shore with any boat from such Ships or yachts, before and until such arriving Ships, Yachts or Barks have anchored before this city Neiv Amsterdam, and trntuthey «^ nave an- have reported to the Director General and Council f?o°nfof"iie whence thev come and under what commission, on ha?eVen «^ entered. pain of forfeiting such Skiif, Boat or Canoe and two penalty. pounds Flemish to be paid for each person who shall be found to have contravened these presents, and if hereafter it may be discovered that such persons, 17 130 LAWS OF yachts or canoes have conveyed any goods, packages or parcels to or from such vessels, they shall, in addi- tion to the foregoing fine, be arbitrarily corrected according to the circumstances of the case. Thus done in the Council of the Director General and Council of New Netherland the 27 June, A° 1652. ORDINANCE Of the Director and Council of New Netherland regulating the purchase of Indian Lands and vacating and annulling sundry grants and purchases therein mentioned. Passed 1 July, 1G52. [N. T. Col. MSS. XVI. 27.] The Director General and Council of New Nether- land, To all who see, read or hear these presents read, Greeting. Preamble. Wheeeas it is fouud by experience and in fact, that many Inhabitants of this Province, covetous and greedy of land, have, contrary to the Order and meaning of the Hon*^'" Directors of the Incorporated West India Company set forth in the Charter itself, and in the Exemptions of New NetJierland, as well also in other subsequent Orders and Eegulations, not scrupled heretofore and do not still scruiile, without the knowledge, order or consent of the aforesaid Directors, or their Deputies here, to purchase, barter or obtain by gift from the Natives, and by virtue thereof to pretend actual and real possession and property of many and extensive Tracts of Laud and them again, contrary to the prohibition of the afore- said Company or thfeir Ministers here, to sell and convey to others without making or causing to be made in the office of the Secretary of this Province, according to the Ordinance and Edicts, any record of such purchased or sold Lands in Avhole or in part; NEW NETPIERLAND. 131 by which jnirchase, sale and conveyance of such Lands, without the knowledge and consent of the Hon''''^ Company and their Government here, not only are the above mentioned Directors injured and wronged in their Charter and feudal right of Eedemption, but also the Population, Cultivation and Planting of Boweries are delayed and retarded, because such Lands have for long years lain, and do still remain wild and waste, without any considera- ble improvement and settlement having been made thereon by the i)retended purchasers and proprietors ; besides, there are no Lands for sale except at an exces- sively high price, far above the value and rate at which the Director General and Council could here- tofore obtain them from the Natives ; Yea, some malicious and evil disposed persons^ have not scrupled to inform and acquaint the Indians what sum and price the Dutch or Whites are giving each other for small Lots, whence have resulted within a few years past many irregularities and more are to be appre- hended unless some remedy therefor be provided in time. Wherefore the Director General and Council of New Netlierland observing on the one hand the con- tempt of their well meaning Order, and on the other ■hand the irregularities and pernicious consequences which will follow such purchases and sales and conveyances without the knowledge of the Lords Patroons and without proper Patents from the Direc- tor and Council, Therefore, the Director General and Council of New Netlierland, after mature deliberation and written communication with the aforesaid Direc- tors of the Incorporated West India Company, do JJ^pP^^^^ hereby expressly interdict and forbid all persons, of lindslrom T , . , ■ T t^6 Indiana, what quality soever they may be, directly or mdi- °j 1^,';^'^^,°° rectly from buying or attempting to obtain any ouri'"""" Lands from the Natives of this Province, much less 13^ LAWS OF Grants of the Jtilaiidin tbe Bell Hale. Nut Uland, Ked Hook, tbe Lonq island FlaU, to Wnut/T Ton Tuiller ; of Amssj'oort Flat to Wolphert Gerritscn, find And7'ies Jfudde-; of Viinarisxe to J(ir.oO Wol- ptierfyrn ; of KaUshiU to Brant van Sl£chten- Iwrst ; Of the Netth glnckx to X. van Dinck- Inepeii; of Sloops bay and Oyster bay to (fovert Loocker- Tminj, and of lands occupied by Thcmas Chambers, Dpclared null and void, aDd by virtue of purchase or donation undertake to occupy, or sell or convey them to others, without the drevious consent or approbation of the Company or its Deputy here. In like manner also, do the Director General and Council of the Company, or their Deputy here as aforesaid, pursuant to the order and despatches of the above mentioned Directors, hereby dissolve, annul and make void all claimed or occupied pur- chases, sales, patents and deeds signed by order of the Director and Council and sealed with the Seal of the Province, of which class are the Island in the Hellgate, Nutten Island oi)posite the Manliattans, Bed Hoolc, both the small Flats on Long Island claimed by the former Director Wouter van Txviller ; the Great Flat, otherwise The Bay, or Amesfoort Flat with the lands adjacent claimed by Woli^hert Gerritsen and Andries Hudde; the Maize land, Flat and Valley of Canarisse conveyed by gift of the Indians to Jacoh Wolphertsen, to the serious damage and prejudice of the new village of Midwout; the lands of Kattsldll with those opposite, purchased and possessed, against the express command, order and prohibition of the Director General and Council, by Brant van Slecli- tenliorst; the lands of the JSetvsinclix purchased by Liibbert van Dincldaegen ; the lands of Sloops My and Oyster lay, called Matinnecongh , which the Natives declare were purchased by Govert Loockermans and Company; the lands occupied by Thomas Chanibers and lately purchased from Brant Aertsen Slecliten- liorst aforesaid, the claim of property in all which said enumerated Lands and in still others unknown, wherever situate within the limits of this Province, whether put forth in virtue of purchase or donation, is declared unlawful, null and void ; under condition, however, that to the Purchasers or pretended owners, shall be reimbursed and restored whatever they by NEW NETHERLAHD. 133 fair account can show that they have paid and given for said lauds, so that the Director General aud Coun- cil aforesaid, as representatives of the Commissioners of the Hon*"'" Directors of the Incorporated West India Company, do, by right of Redemption belong ing to all Patroons, reserve and retain unto them- nestorcato ^ ' the public selves the aforesaid Lands and all others of that i""°'''°' description, and pursuant to the Order and Instruc- tions of the aforesaid Directors, will allot and meas- ure out to all and every person, under proper Patent and conveyance, in real and actual property, as much Jf^J'/an^Ji? Land as the undertaker will and can cultivate and portfous""" to actual settle, on condition that he will renew the Fief with settlers. the Company and have the transfer of the land recorded here in the Secretary's office. And it being further notorious and well known f}l'^^°J that, in virtue of the above stated pretension, some aCo^e'"^ named per- of the above specified Lands are sold and conveyed ^°f^auy° to others, and therefore occupied, built on and rauK-'atr" their lands, cultivated, from which possession, though illegally ^^^^^a^' obtained, the Director General and Council are, nevertheless, not inclined to oust the actual occu- pant nor to frustrate his labor, but the Director General and Council hereby Ordain and command that such occupants and others, who thus far have no l)roi)er Patent and Deed of the Lands they possess and have cultivated, shall give in, within the term of six Aveeks after the publication and posting of these {^"n^J'jf^ior. presents, the quantity and extent of their Lands, and taling''out ■^ ' J. ^ patents for petition for and receive a proper Patent and Deed of such Lands. the same, signed by the Director General, as presi- dent, and by the Secretary of the Province, aud sealed with the Public Seal, on pain of forfeiting his Lands and the right of possession he has thereto. Let every one be warned against loss. Thus done, resolved and enacted in the Assembly of the Director General and Council of New Nether- 134 LAWS OF land, this Tirst of July, A" 1652, in Neiv Amsterdam. Eesumed and published the 2d of said month. KoTE. — This Law was enacted agreeably to express Instnictions transmitted by the Directors at Amsterdam, to the Director and Council of New Netherland to the following effect : "1C51. March 21. We observe that divers persons do not scruple to take possession, without any proper form, of all the best lands, with- out any determinate survey, as if the Company and their Agents there had no voice in the matter, and were ousted and dispossessed of their prerogatives. Wherefore have we deemed it expedient hereby to command you not to grant any lands to any person except under proper acknowledgment of the West India Company. And you are especially to bear in mind, that no niore land be granted in future to people than, after mature consideration of their circumstances, you shall judge tliey will be able, and intend to settle, till, and bring under proper cultivation. It appears by divers examples that, on the con- trary, title has been set up to many lands which, after sovei'al years, have not experienced the least improvement in population, cultivation building or planting, as we evidently see and are aware in the case of Cornelis Melyn, Wouter van Twiller, and others ; the aboyetiamed Melyn occupying an Island,'- seven to eight miles in extent, whereol only about eight morgens of land are under cultivation. And Wouter van Twiller is not satisfied with absorbing Nut Island-\ anillellffate, but he is endeavoring to appropriate and make himself master of tho Catskill ; in addition to which he has also laid hands on the two Flatts on Long Island, one called Twiller's and the other Carter's Flatt, containing together about ICOO @ 2000 morgens of land. IVol/ert Gerritsen and Andries Hudde have acted in a similar manner. They nave laid hands on full 1000 morgens of land on the same Island, not the 50"" part of which are they able to occupy. This is in no wise our intention, for in this manner title might be set up to many valuable lands, with vast pre-eminences, and the country, meanwhile, remain a desert. Wherefore, we expressly command you not to give nor grant any one more land than on the terms and conditions Ixereinbe- fore set forth. In regard to Long Island, it will be the most important and the best for the Company, in our opinion, until a fixed plan shall be decided on, to distribute to each person, according to his circum- stances and means for cultivation and plantation, as much land as shall be allotted to each Colonist." N. Y. Col. MSS. XI. 29. " 1052. April 4. We must enact a good law so that each person may be well placed and tlie Lands distributed with more equality than has been done heretofore, when every one seems to have acted just as he pleased ; and that without the knowledge of the Directors or their Ministers. For it is now found by experience that Wouter van Twiller, Olfert Gerritsen, Lubbert van Dincklaechen, Jacob Wolfcrt- sen and others have taken up and purchased from the Indians consid- erable tracts of land without our consent or knowledge, wliicli we consider is not to be tolerated by us. We, therefore, are of opinion * Staten Island. -f Governor's Island. NEW NETHERLAND. 135 ORDINANCE Of the Director and Council of New Netherland reducing the Duty on Furs. Passed 4 September, 1C52. [N. T. Col. MSS. V. 51.] The Director General and Council having observed preamwe, the great expenses which they have annually to sus- tain for the support of the Civil government, the Military, the Church and School, and seen, on the other hand, the scanty Eevenue and Income thus far produced only from the Duty on Peltries and the small Excise on Tapsters, and the annually increas- ing charges, whilst on the contrarj% the Duties are diminishing, as it had pleased the Directors of the Incorporated West India Company at the Chamber of Amsterdam, to contract with some Merchants of Amsterdam not to exact more than 8 per cent on Bea- former ^ duties on vers and Otters, whilst, howbeit, it was customary in ^"' that you give public notice to every person that no one shall attempt to purchase, or take possession of any Lands without tlie knowledge and approbation of the Company, and its Ministers, and that you vacate aU such purchases made previous to this time ; under condition, nevertheless, that they shall be reimbursed what they have paid therefor, so that the Company shall acquire the same by Redemption. WitJ? this view, however, that we are, and remain disposed to measure out to all persons as much Land as they wiU undertake to cultivate and settle, on condition of renewing the Fief with the Company. But our meaning is, that the land be not granted, as heretofore, ■with undetermined boundaries." K. Y. Col. MSS. XI, 54. In drawing up the preceding Ordinance, it will be seen that Director Stuyvesant followed too literally his Instructions, for, writing on the 6 June, 1653, the Directors add : "The Edict which you have already published and posted up in regard to the illegal purchasing of Lands withou* the Company's knowledge, we have also examined, and had rather seen that you had not been so specific in stating therein the names of the persons, in order to remove all trouble and embarrassment here from the Com- pany's shoulders. You will see by the accompanying printed copies what correction we have made in said Edict, the execution whereof we most particularly recommend to your Honor. N. Y, Col. MSS. XI. S3. The corrected Ordinance, as printed, is not among the Records. Tb. 136 LAWS OF the time of the Hon"" Mr. Kicft, of blessed memory, to exact 15 stivers from each merchantable skiu, which also was continued by us and has been paid by the majority of the Merchants here without offer ing any objections, until finally some Merchants in Fatherland claimed of, and obtained from the Hon'"'" Company the privilege by special contract of paying 8 per cent, whereby then, such parties being more favored than those generally interested of this place, the Eevenues here are greatly diminished and cur- tailed. Thus, the Garrison being daily increased and the Eevenue decreased, nothing else can follow than a sinking into deep debt to the great damage of the Hon"* Company in this its Conquest ; Against which the Director General and Council being necessitated to provide as much as possible, have, for the common good of the Inhabitants and the maintenance of this country, found it necessary and expedient, pursuant to the Order and Instructions of the Hon''"' Directors, to allow the Inhabitants here as well as the Mer- chants and Traders to enjoy the same benefit and to command their Fiscal, first to collect eight per cent in kind from the quality of the Peltries, and in con- sequence of the heavy burthens under which- the Director General and Council find themselves labor- ing and considering that the Merchants thus far have been exempt from the payment of storage and of tlio one per cent of their imported merchandise, which according to- order, they are bound to pay here, the Director General and Council have resolved that juty on"*^ there shall be paid, in addition to the 8 per cent, four stivers a piece for each merchantable Otter, and Beaver skin and Bear and Elk hide, the thirds and halves reckoned in proportion. Thus done the 4th September, 1652. Furs. NEW NETHERLAND. 137 ORDINANCE Of the Director and Council of New Netherland against Runners in the Mohawk or Senecas country. Passed 30 Seidember, 1G52. [N. Y. Col. MSS. V. 08.] Whereas the Director General and Council are cer- preamble. tainly informed that some of the Inhabitants in and about the Fortress Orange and those residing in the Oolouie of Renselaers Wych do not scruple, to the great hindrance and obstruction of Trade, to roam through the Mohawk country with quantities of Goods and Wampum in order to get, at their option, the Beaver at a cheaper rate, whence it will follow, in time, that the Indians, as in the South and else- where, will be encouraged in their laziness and instead of an increase of Trade being produced, serious mischief is finally to be expected from the running to the MoliawTi country with goods, as the Barbarians, for the sake of the Goods, might resolve to take the lives of those carrying them, as has frequently hap- pened heretofore to others. Therefore the Director and Council aforesaid, for the public safety, in order to prevent all new difKculties and for the preservation and benefit of their Honors' subjects, and the promo- g^^eraJey'd tion of Trade and Commerce, have considered it in Mohawk or Stineca the highest degree necessary seasonably to prevent gi^n^'g'^;*^ the running with goods to the Indian plantations or perSBion. Moliaivlc country; Wherefore the Director General and Council interdict and forbid as they do hereby, all and every, of Avhat state or condition he may be, from now henceforth, or after the publication or posting hereof, going, riding or resorting to the before named Mohaivli or Senecas country with any Goods or Wam- pum, however these may be called, without special order and permit of the Hon*"^ Director General and Council or their Commissaries ; all on a penalty of Fifty pounds Flemish to be applied as is customary, penalty. Dated as above. 18 138 LAWS OP Preamble. Guns not to bo d!3- nlinrsed at Partridges or otiier Game within the limits of New Amsier- dam. Penalty. ORDINANCE Of the Director and Council of New Netlierland against firing at Partridges or other Game within the limits of New Amsterdam Passed 9 October, 1G52. [N. T. Col. MSS. XVI. 31.] Whereas, maDy guns are daily discharged and fired at Partridges and other game within the juris- diction of this city New Amsterdam and in the vicin- ity of the Tort, by which firing People or Cattle might perhaps be struck and injured, against which practise complaints have already been made, There- fore the Hon""' Director General and Council, in order to prevent accidents, expressly forbid and interdict all persons henceforward firing within the jurisdic- tion of this city or about the Fort, with any guns at Partridges or other Game that may by chance fly within the city, on pain of forfeiting the gun and a fine at the discretion of the Judge, to be applied one- third to the Poor, one-third to the Church and one- third to the Ofiicer. Thus done and enacted in Fort Amsterdam, in New Netherland, the 9 October, 1652. ORDINANCE Of the Director and Council of New Netherland, renewing the Ordi- nance against the Exporting of grain and against tlie consumption thereof by Brewing, Distilling, &o. Passed October, 1652. Note.— This is a Renewal of the Ordinance of 8 November, 1G49, supra p. 111. It is referred to in N. Y. Col. MSS. XVI. 33, where it is stated that the Ordinance was renewed in consequence of the influx of Immigrants from Holland, and to prevent a scarcity of Bread which was apprehended. NEW NETHERLAND. 189 OBDINANCE Of the Director and Council of New Netberland, regulating the Baking and sale of Bread. Passed October, 1652. This is a Renewal of the Ordinance of the 8 November, 1649, supra p. 112, and was enacted in consequence of the circumstances already- mentioned. ORDINANCE Of the Director and Council of New Netherland regulating the Inspection of New Netherland Tobacco. Passed 18 February, 1C53 [N. Y. Col. MSS. VI. SI ; XVI. 57.] First. As the Tobacco cannot well be inspected as good by the Inspectors, during the winter months, because it has not then for the most part thoroughly sweated, and cannot be conveniently handled, In- Tobacco •'not to be spectors are ordered not to inspect any New Netli- nS'tor" erland Tobacco iu the winter months of December, rXuary." January and February, unless for urgent reasons with the previous knowledge of the Director General and Council. 2. Inspectors shall not be obliged to inspect any to bo '■ o I J Inspected Tobacco, ordinarily, except on Friday and Saturday, Tuesdays which days have been set apart for that purpose by SSys'T'""'" the Director and Council, or except in case of the Except m ■*- cert!uu departure of any ship for Holland, when the Inspect- "'^^• ors are bound to accommodate the Buyer and Seller without delay. 3. The Director General and Council Ordain for to bo brought pregnant reasons, that those who have any Tobacco l°ppofnted to inspect shall cause it to be brought before the J^XsU" Inspectors in Tubs or Casks, which Tubs or Casks t??ema"in'* must remain in a place, to be previously assigned for smppe'd! ' that purpose, after the inspection, until it shall be shipped hence. All Tobacco which shall be offered to the Inspect- Sfanifwe ors for inspection and shall by them, on their oath, be°bSn°ea° 140 LAWS OF Inspection fces.whcQ and h(tw payable. Virginia Tobacco, how to be Inspected. Inspectors to execnt the Law strictly ; Not to be obstructed in the per- formance of their duties. be adjudged and inspected as bad and unmerchant- able Tobacco, the Inspectors, to prevent fraud, shall, without connivance or respect of persons, at once burn, which they are expressly ordered and com- manded to do. The Inspectors shall collect their fixed fees imme- diately after inspection, and in case any person decline payment or pretend to have no money with him, the Inspectors may take their pay from the To- bacco at the price at which it is sold. The Inspectors shall be at liberty, at their discre- tion, to unhoop all the Tubs or Hogsheads coming here with Tobacco from Virginia and offered to them for inspection, in order that they may see into the middle of the Tobacco, where usually fraud occurs, which they are expressly commanded to execute, so that the purchaser may not be cheated and unknow- ingly send to his principal a bad as a good return. Which Order and Eegulation the Director General and Council of New Netlierland enjoin and command said Inspectors, to wit Isaac de Foreest and George Horns, strictly to observe, and, further, charge every of the Inhabitants, who shall have their abode within this Jurisdiction, to otfer said Inspectors no manner of hin- derance or molestation in the discharge of their office, but if need be, to lend them all reasonable assistance. Thus done the 18 February, A° 1G53. Netv Amster- dam in New Netlierland ; Present : the Hon'"^ Director General ; La Montague, Brian Nuton, Cornells van Tienhoven; Arent van Hattein and Martin Orieger, burgomasters. 18 February, 1653. Resolved, that the Ordinances respecting Farm-servants and relating to the Brewing and malting of Grain be posted and published. N. Y. Col MSS. V. 101. NEW NETHERLANli 141 ORDINANCE Of the Director and Council of New Ncthorland, for the more gen- eral planting of Corn and other Grain. Passed 26 March, 1C53. [N. T. Col. MSS. XVI. 31.] The Director General and Oonncil of New Nether- P'^niMe. land observing the population and increase of this Province as well by procreation and breeding, which we must thankfully acknowledge as a special blessing of God, as by the arrival of many passengers who have come over within two or three years in divers ships from Fatherland, and being informed and noti- fied by the last despatches from Fatherland that many passengers, both Freemen and Servants of the Hon**'^ Company, are again to be looked for with the expected return ships, if God will grant them a safe voyage ; And it being the bounden duty of the Magistracy, after invoking and imploring God's bless- ing, to exert every possible eifort for meatis whereby Agriculture may be promoted, in order that their Subjects entrusted to their care, being supplied with provisions and necessary maintenance, may not expe- rience any want especially of bread corn. Therefore the Director General and Council being informed, and even knowing, themselves, by their own obser- vation that many of their sub ects apply themselves solely to planting of Tobacco, which the Director General and Council neither disapprove of nor forbid, but in order to ijrevent the apprehended scarcity of Bread as much as in their power lies, the Director General and Council have, for the welfare of the country and for the better support of their subjects, resolved hereby to forewarn, order and command all Tobacco planters to plant or sow as many hills with pianterato ■^ sow as many Maize, or as much land with Pease or other hard grain S^peSf for Bread, as they plant hills or fields with Tobacco, of Tobadct^ on pain of forfeiting Fifty guilders to be paid by Penalty. 142 4 LAWS OF ■whomsoever is found to fail herein, the one beinji^ not less profitable than the other, besides which, it is at the present time highly necessary. We also com- mand all our Officers, and magistrates and especially our [provisional Fiscal to pay strict regard and atten- tion that this our well intended Ordinance be observed and obeyed, as we such consider necessary for the good of the country and our subjects. Thus done, resumed and enacted in our Council in Netv Amsterdam the 20 March, 1653. ORDINANCE Of the Director aaii Council of New Netherland, imposing an additional Excise on Wines and Strong Liquors. Passed 2C March, 1653. [N. Y. Col. MSS, v. lis.] The Director General and Council having consid- ered the low state of the Treasury arising from the great expenses and charges which the Hon'"" Com- pany has to defray here, exclusive of the monthly pay and board of its Servants, for the Civil, Eccle- siastical and Military government, which have daily increased in consequence of the increase of the popu- lation, the Director General and Council having, after previous Eemoustrance and communication made long before this to the Commonalty of this city, taken into deliberation what supplementary means may be devised the least burthensome and onerous to the Inhabitants, have found no better, fitter nor easier ex- pedient than the imposition of some tax on the Wine, Brandy and Spirits which can best be spared yet are most consumed in this country, at a great advance both by buyers and sellers by the large and small measure. Therefore the Director General and Coun- cil have deemed it proper and necessary to tax Wine, Brandy and Spirits as follows, to wit : XEW NETHERLAND. 143 All Wines, Brandies and Spirits which from this Addtnonai '- Excise oa day forward are laid in and retailed by the Tavern- keeper, and laid in, consumed or exported from this place elsewhere by any other person, whether Officer, Inhabitant, or Stranger, shall jjay, in addition to the ordinary Excise paid thereon heretofore, On a hogshead of French wine 8 guilders. wine, On the anker of Spanish Wine, Brandy, distilled ^^i"^?^^;^^ Spirits, four guilders. Larger and smaller casks and measures calculated in proportion.* Wherefore, to prevent all frauds, connivance and smuggling, the Merchants and Factors shall be noti- fied and told by the Fiscal to regulate themselves according to the tenor hereof and to furnish no N°'«;Tif ^ Spirits to be Wine, Brandy or Spirits to any person before and mScS?^ until the same be duly entered and the aforesaid E^xcfs'e be'' •^ paid. Impost paid thereon, or in default thereof the said Impost shall be levied on them. Done, New Amsterdam in Netv Netherland this 26 March, A" 1G53. P- Sttiyvesant, La Montague, Brian Newton. -'■' In the copy of this Law in N. Y. Col. MSS. XVI. 36 the following words are added : " "Which duty shall be promptly paid at the Receiver's Office, one- half by the seller and one-half by the buyer." Tb. 144 LAWS OF ORDINANCE City of New Ainstrrdam to be in- closed. All inhabit- ants to labor at the work, either personally or by sub- stitute One-fourth of the Inhabitanis to worlc 3 ' days in rotation. Of the Director and Council of New Netherland, providing for the fortifying of the city of New Amsterdam. Passed 12 May, 1653. [N. Y. Col. MSS. V. 121.] Agreeably to the previous Eesolutions of the 15 March, it is Eesolved by the Director General and Council, in'conjuuctiou with the Magistrates of this city, First and above all, that the City of New Amster- dam shall be secured all round about, and placed in a state of comiilete defense, so that it may resist and oppose a sudden attack, and then that the Fortress be taken in hand and repaired. In order to accomplish this in the best and speedi- est manner, it is Eesolved by the Director and Council, that the Burghers and Inhabitants, together with the Mechanics and Laborers shall, either in person or by other suitable parties in their stead, generally assist and labor at the work, and not desist therefrom until it be completed and put in such a state of defeuse that the good Inhabitants of this city, their Avives, their children and property may be protected against a sudden attack and incursion, which may God gra- ciously avert. And in order that the whole may be effected and performed with greater i)recisiou and regularity, and that good care may be taken by the Director General and Council that the work be well and or- derly accomplished, it is Eesolved and determined that in prosecuting the work a part shall be employed, to wit: that one-fourth part of the Inhabitants, whether Burghers, Merchants, Mechanics or the crews of ships, sloops in harbor or to come there, shall each be employed three consecutive days on the aforesaid work, as by the Director General and Council and Burgomasters and Schepens shall jointly or severally NEW NETHERLAND. 145 be ordered and commanded, on pain of 25 Oarolus Penalty, guilders to be forfeited for the first time by whomso- ever shall oppose the Order and Eesolution conjointly- adopted by the Director General and Council and Magistrates, or the command of the person acting for the aforesaid Council or Magistrates; for the second offense, the opposer or unwilling person shall remain deprived of his Burgherright, and if he con- tinue a third time contumacious and unwilling, he shall be arbitrarily punished and banished out of this Province. Further, in order to prevent all abuses and excuses, feTdStsof it is Eesolved, that the Hon. Director General and ^^°^^- Council and the Magistrates aforesaid shall alone be director, Superintendents, but each of them shall at his own ual^ S?^' expense and in his turn, furnish one man for the "^n. work ; also, the Inferior oflBcers of the Hon'"'* Com- omoera' pany without any exception and the Free Negroes, NlffScs! every fourth man in his turn, shall help to labor at ^a"- the afo.resaid works, and continue thereat until com- pleted, on the like penalty. Thus resolved and enacted by the Director General and Council in conjunction Avith the Burgomasters and Schepens in Neiv Amsterdam, the 12 May, 1653. 19 146 LAWS OF ORDINANCE Of the Director and Council of New Netherland, directing returns to be made of all Grain in Fort Orange and the Colonie of Eenselaers- ■vvyck. Passed 30 May, 1653. [N. Y. Col. MSS. V. 128.] Preamble. The Dircctor General and Council having further considered the present scarcity of Bread corn, have not only resolved again to write to the Court of Fort Orange and Colonie Eenselaerswiclc and to request stricter attention and execution of our previous Ordi- nances in regard to the malting and brewing and needless baking of Bread grain, but have in addition concluded to write to, and authorize the aforesaid Courts respectively to qualify two or more persons from among themselves who shall, as well in Fort Gm?™[i°' Orange, Bevertvycic as in the Colonie Benselaerstvyck, ikvf^vcK' visit the Burghers, householders and especially the ^S*' Bakers and Brewers and ascertain what stock of Bread corn is remaining with each of them ; Com- manding the inhabitants of the aforesaid respective Courts that they not only furnish satisfactory infor- mation to the aforesaid respective Courts or their Deputies, but also for the present time on demand Inhabitants of thc aforcsaid Courts render an account and proof to state how ■■■ ofmeir""^ to them or their Deputies where they send their grain to, or in what manner they consume the same. Thus done, resolved and enacted by the Director General and Council of New Netherland, this 30 May, 1653. NEW NETHERLAND. 147 RESOLUTION Of the States of Holland and Westvriesland, declaring that no Appeal can lie fiom Judgments pronounced in New Netherland. Dated the 4lh August, 1653. [Resolatiea van Holland, 1653, p. 442.] On the requisition of Mess" the deputed Ooun- preamble, cillors is read in Court a certain opinion rendered by the Attorneys-general Paats and Stryen on the petition lately presented to their Honorable Great Mightinesses by Jan Klaasz. Heukelum, cum suis, owners of the ship called the Yaarwel, and it is besides stated that Mess" the deputed Councillors had approved of said opinion, which therefore might be regarded as the opinion of the abovementioned deputed Councillors, in fulfillment of their Hon"'^ Great Mightinesses' order bearing date the 20"^ June last, which being considered, it is Resolved and concluded that a "Writ of Appeal from ^°p'^['i'°*' Judgments pronounced in Neiv Netherland can not me^ts'p?!-" nouiiced In be properly, and ought in no case be granted by ^ZtT' their High Mightinesses, and that, therefore, care ^'^'""**- shall be taken at the General Assembly to revoke such writ of appeal as Mr. Hendrick van Cappelle tho Ehyssel obtained on the 10'" April last from their High Mightinesses in similar circumstances, the same having been issued without authority and contrary to all good order. 148 LAWS OF ORDINANCE Of the Director and Council of New Netherland, further regulating the price of Wine and Brandy. Passed 18 August, 1653. [N. Y. Col. MSS. XVI. 37.] Preamble. Wheeeas it appears by the Invoice that Wines are dearer in Fatherland than formerly, and consequently that the Tavern keepers purchase them here at a higher price; moreover, that they by virtue of the preceding [Ordinance] are somewhat higher taxed, as by the tenor thereof appears. Therefore SiXvine!"^ the Tavernkeepers are hereby allowed to sell the StiwiXd!^ French "Wine at Twenty-four stivers, the Brandy and Spanish Wine at Fifty stivers, or the gill at seven stivers, without having the power to exceed the afore- penaity said pricc, on pain of forfeiting their business and Ten pounds Flemish in addition. Dated 18th August, 1653. Note. — The Law and policy of fixing a Maximum, first introduced by the Ordinance of 5 June, 1651, {supra p. 100) was disapproved of by the Directors at Amsterdam in their despatch, dated 12 March, 1654. " Equally impracticable," they write, "is your Honor's Ordinance fixing the price of Provisions, Bread, Beer and Wine. We cannot doubt but you have discovered by experience itself, the impossibility of executing such a Law, as it cannot create anything else than groat trouble and strife, both in regard to the Tradesmen and the Tapsters, Tavernkeepers and other buyers and sellers. In order to prevent this in future, we have resolved hereby to command you strictly to regulate yourselves agreeably to the laudable Customs and Ordi- nances of this City, heretofore sent you, at least so far as the nature and circumstances of that country and of its Inhabitants will or may in any wise possibly permit. N. Y. Col. MSS. XII. 1. Tb. NEW NETIIERLAND. 149 ORDINANCE Of the Director and Council of New Netherland, fixing the prices of certain Imported goods. Passed 19 November, 1653. [N. Y. Col. MSS. rv. 445 ; XVI. 38.] The Director and Oonncil of New Netherland. To all those who shall hear or see these Presents read, Greeting, make known. That in the month of September last their Deputies OT™ed by and the Delegates of the respective Colonies and 1^%^^ Courts of New Netherland enacted, published and posted divers Ordinances and Eegulations* touching ® These Ordinances are not among our Records, neither is there any- minute of the Assembly at Tvhioli they were enacted. They appear to have been transmitted to the Directors at Amsterdam, and their tenor may be inferred from the despatch of the latter dated 12 March, 1654, who disapproved of them, in the following terms : ■ " The Resolutions adopted by your Honor at the convoked Assem- bly (Lantdach) have appeared to us singularly strange and unexpected, and still more strange the publication thereof, without waiting for our advice or approbation. And first, you have caused to be published that all Traders shall hot sell henceforth their Merchandizes and Goods (Indian trade only excepted) any higher than one hundred per cent advance above the value of the Goods as entered in the Invoice, witliout being at liberty to add tliereunto the freight, duty, and other charges. This is an Ordinance, indeed, as impracticable as injurious in the highest degree to that State, being a sure means not only to banish Trade and, at the same time to deprive the Company of a great portion of its Revenue both there and in this country, but also to obstruct population and agriculture. For who is there but knows that the expectation of gain is the greatest spur to induce people to go thither, as experience hath already sufficiently demonstrated. On the contrary, the dread of small and uncertain profit discourages and deters people, as would, certainly, be the case whenever thej' arrived there witli their cargoes on these terms. For, they would incur great danger that their wares would be bought up on which the heaviest expenses fall, among which are included those that pay sixty guilders and more per cent in freight, duty, convoy, &c., exclusive of insurance and the dangers of the seas. What profit such merchants would derive, can easily be calculated. We could here adduce other and more cogent reasons, but as we are of opinion that Trade cannot be subjected to the least constraint or limitation, but must be free and unshackeled, as is the practice among all Nations and peoples, so have Netherland 150 LAWS OF Against the high rate of Goods. Pro- duce and Wages, to be obeyed. the great and excessive dearuess of all sorts of Mer- chandizes, Provisions, Grain and Laborers' wages, ■wjiich well meant Orders and Eegiilations, published, enacted and made known to all by preceding Edicts, the Director General and Council still understand shall be promptly observed and obeyed without any connivance, dissimulation or favor on pain of the fine in the Edicts more fully expressed. But whereas the last arrived Passengers, Merchants and Traders were not preadvised in the matter of the entry of their Goods and Wares, and therefore have entered their Wares and Merchandizes according to their previous custom, besides which are to be taken into consider- ation the great dangers of the Sea, the heavy insur- ance and the long time the Goods and Merchandizes have remained in the Ships whereby they have been subjected to considerable leakage and loss ; All which being Considered by the Director General and Coun- cil, they are fully of opinion that the Merchants could not obtain a living with one hundred per cent above the entry on the Company's invoice at present, there- fore not to annul absolutely the previously enacted Ordinance, the Director General and Council have, for the present time thought it best and necessary to appraise some Goods and Merchandizes as follows : Prices of Shoes, Stoclungs, yoap. Candles, Litiuora, Vinegar, Kails, Wines, &c. fl. stiv's. A pair of men's shoes from 8 @ 12 size, 3 5 A pair of Iceland stockings, 36 A firkin of Soap at, 20 guilders A can of salad oil, 1 10 A pound of candles, 12 An anker of distilled liquor, 32 An anker of Vinegar at, 16 we judged such (law) to be unnecessary. And it is not to be doubted that the exceedingly high prices will, with the increase of Trade, and importation of every thing in abundance, also cease and disappear in time." N. Y. Col. MSS. XII. 1. Tb. NEW NETHERLAND. 151 fl, stiv's. An ell of Duffel cloth to be sold to Christians no higher than, 3 10 One hundred lbs. of nails, 30 An anker of Spanish Wine at, 40 An anker of Brandy at, 44 A hogshead of French Wine at, 110 What further regards the Goods and Merchandizes which are not specified nor appraised herein and some which cannot be appraised, such as assorted Linens, J?"J,"„'^ Worsted stockings, &c. the sorts whereof are, some of 1"™!^"^ ,-,,,, lo be exhib- them, finer and better than others; also, all materials ^'^^'era'aii and necessaries required for Bouweries, and house- keeping, all too many and too numerous to be men- tioned here, the Director General and Council Ordain that the true Invoice of the actual first cost thereof and of all other Merchandizes, by whatsoever name called, shall be shown and exhibited to the purchasers, on their demand, and the Seller may ask from the Buyer, for the present time, in consideration of exist- ing dangers and heavy assurance. One hundred and f^"^^ f J|°4''|j twenty per cent over and above the first and actual Knee." cost, and no more, upon the penalty and fine more fully set forth in the previously enacted Edicts. The Director General and Council hereby giving notice that this Ordinance and Eegulation shall continue Ltmitatiou of th.e Law only for the present time, and until further Order from Fatherland, and no longer. Thus done in the Assembly of the Director Genera and Supreme Council, in Fort Amsterdam in New Nefherland, this 19 November, A° 1653. 152 LAWS OF OKDINANCE Of the Director and Council of New Netlierland fixing the rate of wages to be paid to Carpenters, Masons, &c. Passed , 1653. NoTB.^We have no copy of this Law, and the only knowledge we possess on the subject is derived from the despatch of the Directors at Amsterdam to the Director and Council of New Netherland, dated 12 March, 1654, in which they remark : X" Equally impracticable is your Honors' second Ordinance, viz. : Lowering and Fixing the price of the day's wages of Carpenters, Masons, &c., . . . whom you have indiscriminately rated at a certain day's pay, some of whom are, nevertheless, cheaper at Thirty stivers than others at Twenty stivers a day." N. Y. Col. MSS. XII, 1. This was one of the Laws enacted by the Assemby lield in September, 1653. Te. ORDINANCE Of the Director and Council of New Netherland regulating the publi- cation of Bans of Matrimony. Passed 19 January, 1654. [N. T. Col. MSS. IV. 446 ; V. 197 ; XVI. 40.] The Director General and Council of New Nether- land, To all who hear or see these presents read, Greet- ing make known. That we understand and are certainly informed by the report of our Fiscal and others as well as by letters from Gravesend dated 18 January, 1654, that the Magistrates there have presumed and undertaken publickly to post notices of Marriage in regard to persons both of whom are, and- for a long time have been domiciliated in and about this city of New Amsterdam, far beyond the district of the aforesaid village, and whereas such is in direct contradiction to both the Civil and Ecclesiastical Law of the United Netherlands, which not only the abovementioned Magistrates of Gravesend but also all other Colonies within this Province are by contract and oath bound NEW NETHERLAND. 153 to observe ; Therefore, the abovementioned Director General and Council order and notify the aforesaid iiS?endid' Magistrates of Gravesend and all others within this v^llift ^ Towns Province, to annul such posting of intentions of p,fr"Mdo -•«-. -1 --i-i /> .1-t 1 "Ot reside, Marriage, and on sight hereof to withdraw the same, f^^^"^'^ and in all cases to proceed with and confirm no such Martiages, either privately or publickly, before and until such persons, according to Netlierland style, Ma"?i^e3 have entered and received their bans and proclama- li^hllSniy ^ In places tions of marriage where they are dwelling and have u^ltii^ resided the last years. Thus done in the Assembly of the Director and Council of Neiv Netlierland, this 19 January, A" 1654, New Amsterdam. ORDINANCE Of the Director and Council of New Netlierland, imposing Duties on Indian Goods, Wines, Brandy, &o. Passed 28 January, 1654. LN. T. Col. MSS. IV. 447 ; V. 203 ; XVI. 41.] The Director General and Council of Neiv Netlier- land, To all those who see these presents or hear them read. Greeting, fliake known. It is known to every one that according to the ^^'^^^^ general contracts concluded by the Skippers and • Merchants with the Hon"'" Company, that all persons are bound to deliver into the Company's store the Goods they take on board and bring hither, and to pay thereon to the Director General and Council here one per cent and so much more as, before the arrival of the ships may be imposed thereon by the Director General and Council, which one per cent the Director General and Council have not hitherto collected and it was not, indeed, possible to be calculated on account of the variety of the goods, besides it might create 154 Duties on Indian Goods. Brandy, Wine, Foreign Eeer, and Salt. LAWS OF some complaint and increased dearness even of the necessary goods, such as Stockings, Shoes, Linen shirts, Cloths, Soap and other articles. The Director General and Council experiencing, then, the low state of the Treasury, and the necessity of finding some means by which the Civil, Ecclesiastical and Military service may be supported and maintained, are there- fore come to the conclusion in place of one per cent which is due by all Merchants in general from their cargoes and Merchandizes, to impose something rea- sonable and tolerable only on the Indian cargoes and less necessary merchandize, such as Wines, Brandies, Liquors and Foreign Beer and Salt, which articles although least necessary, render the most gain and profit and are usually paid for in cash ; so that the Traders and Merchants henceforth, in the place of one percent on their general cargoes, shall be obliged to pay only on the Indian Cargoes and less necessary goods in manner as follows : fl. etiv'3. For one ell of Duffels, 2 For one ell of Woolen cloth or carpeting of which Indian coats are commonly made, . . 2 For one Indian coat made of Duffels, cloth or carpeting , 8 For one hundred lbs. of Kettles, 3 For one dozen blankets, 4 For one anker of Brandy, Spanish wine, or distilled Liquors, 3 For one hogshead of French wine, 6 Smaller and larger casks in i)roportion. For one tun or half pipe of Foreign beer, 3 guild's. For one skepel of Salt, 20 Which Duty shall henceforth be paid, as the staple right, promptly at the General office, or at least proper security for the payment shall be given to the NEW NETHERLAND. 155 satisfaction of the Eeceiver, before the abovemen- tioned aud other cargoes shall be removed from the Hon"'^ Company's store. In respect to the remaining goods which are f/°^^J?" numerous and various, they are hereby free and erTt'ea™' exempt until further Order and Eegulation, from the indebted one per cent, in order to be, like the other merchandizes imported into this Province, sold and disposed of to the satisfaction of the Trader ; but the merchandize which will be exported or sent out of fJ^^J'to'* this Province or the government thereof, shall aTreSy''^' promi)tly pay the Duty or Impost heretofore laid thereon. Thus done in the Assembly of the Hou'''^ Director General and Supreme Council holden ia Fort Amster- dam this 28 January, A°-1654. Resumed aud pub- lished 2 July. imposed. ORDINAlSrCE Of the Director and Council of New Netherland against Pirates and Vagabonds, and requiring Strangers to report and give an account of themselves. Passed 8 April, 1654. [N. Y. Col. MSS. IV. 448 ; v. 235 ; XVI. 43..] The Director General and Council of Neiv Nether- land, To all those who shall hear, see or read these Presents, Greeting, make known. Whekeas we are certainly informed and also indeed preamwo. experience that some Pirates and Vagabonds are, under what commission or pretext is to the Director General and Council unknown, frequenting Long Island and the Mainland between this Province and the Province of our Neighbors, said Pirates being also, as we are informed and told, declared Eovers and Vagabonds by the neighboring Governors and Magistrates of New England, and therefore denied, 156 LAWS OF Pirates and Vagabonds not to be harbored, concealed or sup- plied with necessaries, But to be denounced to the nearest Magistrate. Penalty. within their jurisdiction, all countenance, lodging, asylum and maintenance, and are accordingly to be considered as Eunaways and Transports from New England; which Pirates and Vagabonds have not scrupled to molest the good People of this Province at the Flatland and plunder them of their property, whereof divers proofs are seen and heard, both now and last year, that such were perpetrated on various Inhabitants. And whereas the Director General and Council are certainly informed and told that said Pirates and Vagabonds are countenanced, favored, harbored, entertained and supported by Subjects and Inhabitants havingfixed domicile within thisProviuce, and are by that means so encouraged and incited that some of them have dared not only to frequent, examine and to spj^ into the outside Villages, but even this City under the color and guise of Travelers, > against which the Director General and Council wish- ing as far as possible and ijracticable to provide, for the advantage of the Inhabitants, have considered it highly necessary to enact against the same the following Ordinance and Eegulatiou : First. The Director General and Council of New Netherland order and command all their Subjects of what nation or quality soever they may be, without any exception, not to hold any conversation with such Pirates and Vagabonds, much less harbor, con- ceal or hide them, or to accommodate or provide them with any necessaries, but in case anyone may receive any communication or knowledge of the whereabouts of such Pirates and Vagabonds, or where they may lodge, or sojourn, the same promptly to notify and to make known to the Magistrates of the nearest Village and Court, on pain of the confiscation of all his goods, and of being declared an enemy of the State and banished out of the country. NEW NETHERLAND. 15' Secondly. All Maftistrates of tbe respective Vil- Magistrates •' " ^ to establish lages within this Province are hereby recommended, Splgolfd each -within his jurisdiction, to establish and to main- tain such order, watch and place of Rendezvous as they think necessary for the security of the good Inhabitants of said place, according to the circum- stances of the locality, and all Inhabitants are hereby ordered and charged promptly and without any gain- say to comply with and obey such order of the Magistrates, and at their command promptly and inhabitants ^ ' x- JT .7 to pursue immediately to pursue, attack and capture, if possi- |"ratlfan'd ble, such Pirates and Vagabonds, on pain as afore- ^^^''°'"'^- said. In order the better to encourage the good Inhabitants in this their duty, the Director General and Council promise the sum of One hundred dollars ^^^^^^^^^"^ for every Pirate or Vagabond who will be delivered into the hands of the Director General and Council or their Fiscal. Thirdly. In order that the preceding may be the better practiced and observed by the good Inhabitants of this Province, the Director General and Council order and command that all persons who have no strangers domicile within this Province of Neiv Netherland and paSisftom the Gov- arrive in any Village or house in this country, shall MSILtrate be bound, when required by the Magistrate, Officer wbenceihey of Justice, or any Burgher or Inhabitant, to exhibit a Pass and re-pass from the Governor or Magistrate whence he comes and where he resides, and if any one be found without a Pass, he shall be examined J,?,'^""! and heard by the Magistrate as to whence he came SSSfnrf''^ T T . T . . and prop- and for what purpose and busmess he is come mto f^^^f^f the said Province of Neiv Netherland, in order, accord- ing to the circumstances and facts of the case, to be so disposed of as shall be found proper, and that the aforesaid may be the better obeyed, all Inhabitants strangers •^ ^ not to be are commanded not to lodge any unknown Strangers }jf,f„^t without first making known to the Magistrates or Magistrate. 158 LAWS OF Penalty. Guns not to be difi- cbarged between Sunset and Sunrise, unless In case of a Baid. Signals In sucU cases. Officers of the place the name of such arriving trav- elers or strangers, and that under a fine of Twenty- four guilders. Furthermore, In order that every one may be the better, and Avith more certainty, preadvised and ■warned of any raid and impending danger, the Director General and Council order and command that no person shall fire a gun within this Province at night between sunset and sunrise, on pain of forfeit- ing One pound Flemish for each shot, unless some appearance of a raid be manifest, in which case every one is not only permitted, but is hereby commanded by the dischai-ge of his gun three times successively, as quick as possible, to give an alarm of, and to make known the threatened raid, which alarm being heard and perceived by the nearest Watch, Village or family, such Watch, Village or family is hereby commanded to do the like, in order by that means to make known the raid to all Watches, Villages and families, to the end that every one may be on his defensive and appear each under his competent Officer, at the appointed place of Eendezvous. And that no person may plead ignorance, the Di- rector General and Council Ordain that this general Order shall be sent every where throughout this Prov- ince of Neiv Netherland, so that it may be published, posted and enforced by the Magistrates of the respect- ive Colonies and Villages, and the contraveners there and e^ewhere may be duly proceeded against accord- ing to the tenor of this Ordinance. Done in the Assembly of the Hon*"^ Director Gen- eral and supreme Council holdeu in Neiv Amsterdam the 8 April, A" 1654. NEW NETHERLAND. 159 ORDINANCE Of the District Court of Breuckelen, &o., for the better defense of the Dutch Towns on Long Island. Approved 8 April 1654. [N. Y. Col. MSS. V. 240 ] At a meeting of the Gentlemen of the Court of Breiiclcelen, Midwout and Amesfoort, with those of the Court Martial, the 7 April 1654, in Breuclielen. First. Those of the Worshipful Court and Court Martial are met to complete the oflBcers of the Com- panies of the said places. First, for Midwout, under ^ii^J°- Serjeant Jan Stryclcer, are chosen Corporal Daniel Terneur, and Lance Corporal Theunis Hilbrantsen, and for Cadets, Luycas Eldertsen and Sendrick Joris. Secondly, in the Village of Amesfoort under Ser- f^i^'^- jea-ut JElbert Elbertsen, i'ov GoTT^OToi, Willem Gerritsen. Thirdly, the duty of going on guard is imposed on ;^^},f/[^''b? every Person in his quality, and on one of the Ruling ""^uard. Schepens at his own discretion, trusting in time of necessity to his zeal aud willingness. Fourthly, in case any raid is made by any Pirates, piS!"' Eobbers or others who would wish to Inflict injury aud damage on us, on any Villages, Hamlets or theij: Inhabitants under our jurisdiction, no one at or on Long Island, of what state or quality he may be, Noper- shall be exempt in case of resistance, if he belong to exempt. the above named district, under the penalty of six penalty guilders ; one-half for the Officer aud the other half for the Court, or an arbitrary correction, at the dis- cretion of the Judges according to the exigencies of the case. Fifthly, in the towns of Breuckelen, Midwout and mInTo'uiJS Amesfoort and places dependent thereon, every third ofniJeSfty. man shall be bound to hold himself in readiness when necessity demands, to repair with his already appointed Officer or his substitute, to the place where he is commanded to go. 160 LAWS OF The third mail to be selected by lot. Signal in case of danger. Penalty for needless alarm. Approval. Sixthly, each Officer in his station and Village or Hamlet shall have lots drawn, in order to designate the third Man, and whosoever draws the lot, shall be bound to hold himself in readiness, without any gain- say, at the prescribed time. Seventhly, each Inhabitant in the above named District on Long Island, discovering any Enemy at night, shall fire three shots to notify those of the nearest place, who are to regulate themselves accord- ingly, as aforesaid. Eighthly, Whosever at night by firing unnecessa- rily creates an alarm, shall forfeit the sum of six guild- ers, or be arbitrarily corrected as mentioned in the fourth Article. The aforesaid is submitted for the Common good and Peace of the Inhabitants of Long Island, for the approval of the Eight Hon"'^ Director General of New Netlierland. (Signed,) Fredrick Lubbertz, Jan Snedecker, Nico- laes Stillwell, Cornelis de Potter, Albert Cornelissz, Jan Stryclcer, Albert Elbertsen, William Bredenhent. Lower stood : The above agrees with the Original thereof, remain- ing in my hands, which I witness, Davidt Pbovoost 'Eoi. Pub. and Scribe of said Place. The preceding being read and examined by the Director General and Council, the aforesaid Ordinance is praised and approved by the Director and Council. Done at the Meeting of the Hon"'^ Director Gen- eral and Council holden at Neiv Amsterdam the 8 April. (Signed,) P. STUYVESANT. Lower stood : By Order of the Director General and Supreme Council. (Signed,) Cokn^blis Van ErrrvBif, Secretary. NEW NETHERLAND. 161 ORDINANCE Of the Director and Council of New Netherland providing additional Works for Fort Amsterdam. Passed 14 June, 1654. [N. T. Col. MSS. V. 277.] . The Director General and Supreme Council having Preamwe. taken into serious consideration the daily Eumors and menaces with which this Province and especially this Capital and'our residence the city of New Amstei'- dam, and its Fortress are, if not threatened, at least warned, deem it their bounden duty to deliberate on all possible means and them promptly to employ, for the preservation and protection of this city and its Fortress against any hostile assault and force, for the security of the whole country, for the honor of our nation and the supreme magistracy thereof; There- fore do the Director General and supreme Council aforesaid find it highly necessary not only to repair gj^^gf"" the Works constructed last year, but also first and !'»''«*• »■"* foremost, in addition to the repair and strengthening of the Fort, likewise to make some other new Trenches and interior Works, in order the better to ^^2-'"" defend the one from the other, and in case of need to be able to retire from the one on the other, which are necessary to be forth with begun and completed, where- uuto Ditchers and Laborers are required. All Sheriffs, Burgomasters, Schepens, Commissaries fJ^iJ^j^*^ and Magistrates of the Subaltern Courts of this Lkb«era. Province are hereby ordered and commanded, on sight and publication hereof, to use all possible dili- gence to the end that some able Ditchers and Diggers from each Village, Colonie or Hamlet may be hired or recommended to come into this City of New Am- sterdam precisely on next Tuesday with a spade and axe, to help to construct and repair such Works as shall be pointed out to them by the Director General and Council or their commissioners, on condition that 21 162 Pay of Laborers. Penalty for refusing to appear, LAWS OF the Laborers shall receive therefor two guilders per day, ia Corn, Beavers, or Wampum, to be paid promptly every week. Anyone hereunto requested, or recommended by his respective Magistrate, and neglecting or refusing to appear, shall forfeit one pound Flemish for each day he is absent (sickness and debility alone excepted). Thus done enacted and resumed in the Assembly of the Hon"° Director General and Council holden in the place of Our residence, New Amsterdam, this 14 June, A° 1654. (Signed,) P. Stuyvesant, Nicasius de Sille, C. Tan Werclchoven, La Montagne, Cor^ Van Thienhoven. ORDIISrANCE Of the Director and Council of New Netherland regulating the Ferry at the Manhattans. Passed 1 July, 1654. [N. T. Col. MSS. IV. 450: V. 2S9; XVI. 47.] To all those who shall see, or hear these Presents read, Greeting. The Hon"^ Director General and Supreme Council of New Netherland make known. Preamble. That vcry great confusion and disorder prevail more and more among the Ferrymen on both sides of the Ferry of the Manhatans to the serious inconven- ience of the Passengers and Inhabitants of this Prov- ince, so that those under the necessity of going over, are freqitently obliged to wait whole days and nights, and then again are constrained to give up their journey not without gross extortion of double and. higher fare, disputes and other unmannerly practices to the great loss and vexation of Strangers and the good people of this Province ; Therefore the Hon""® Director General and Supreme Council of Neiv Neth- erland wishing to provide for the discontinuance of NEW NETHERLAND. 163 all sncli confnsioQ and irregularities henceforth, and for the service of the Passengers as well as the Inhabitants of this Province, in a proper manner, so that they may be most conveniently accommodated and at the smallest expense [do ordain] as fol- lows : First. Henceforth, no person, of what quality ^j^^^^fj^n soever he maybe, save the Lessee of the Ferry there- mSntoYecp Boats or unto authorized by the government, shall be at f^^^n'ij^y. liberty to keep or have any Ferryboats or Scows to PMsenKcra carry or convey over strange Passengers or Inhabit- ants of this Province, or Cattle, Goods or any thing else, his own property excepted, on pain of paying for the first trip One pound Flemish ; for the second penalty. time Two pounds Flemish ; and for the third offense, forfeiture of the Scow or Boat and arbitrary correc- tion, of which [fines] one- third shall be allowed to the Lessee, one-third to the Officer and the remain- ing third according to the discretion of the Judge ; And therefore it is hereby commanded that no person ^^^^^ ^ shall keep any Boat at the Ferry for the purpose of ~ Boats I'or conveyance of their own conveying over therewith any Persons or Goods, his '»'5"'j^» ''°* own family and goods excepted, without however wref""" being i^lowed to loan or hire it to any person directly or indirectly [for the purpose of conveying over] any other Persons or Goods, except of his family or his own proper goods, on the penalty aforesaid. Secondly. The Lessee shall be bound to keep con- Ferryman tinually his Ferry provided with proper Boats and £S"A experienced Men, and maintain on both sides of the onShsjae Eiver for the Passengers and Inhabitants of this .^"* Province a covered Shed or Lodge, to shelter them from the rain, cold, &c. 164 LAWS OF 3. But the Lessee shall be at liberty to build for his Aflat- convenience aflat bottomed Boat to convey across bottomed Boat. Wagons, Carts. Plows, Cattle, and receive fl. atlv'a. rlrriage. "^^^ cach wagon or cart with two horses or oxen, 2 10 For one cart or wagon with one horse, 2 For one cart or plow, , 1 For one pig, sheep, buck or goat. For tw^, eight stivers, and what is above that, each, 3 For every man or woman, Indian or Squaw, 6 For two or more persons, each one, 3 For a child under ten years, half fare, For one horse or four footed homed beast, . . 1 10 For one hogshead of tobacco, 16 For one tun of beer, 16 For an anker with wine or liquor, 6 For a tub of butter, soap or such like, 6 For a mud (4 bushels) of grain, 4 and what exceeds that is i a stiver per Skeple. Packages of goods and other articles, not specified herein, in proportion, as parties shall agree. not^l? Item. The Lessee shall not be obliged to convey oiKfoSfa"^ any Person over or to carry any Goods (unless he Ferriage, please) bcfore and until he hath received the author- ized Ferriage. Hoars for Item. Thc Lessee shall be bound to accommodate rannlDg the 5. ■ Item. The Lessee shall „ he s^SLS. the Passengers for the abovementioned Ferriage on Summer days, only from 5 o'clock in the morning till 8 o'clock in the evening, provided the Windmill hath not taken in its sail. NEW XETHERLAND. 165 6. Item. He shall be entitled to double Freight or double -n - . . I „ Ferriage I'emage at mglit, after or before the limited time. X°;?b°6 above — hours. Item. The Lessee shall receive ordinary Ferriage n°n"J°lha during the Winter from 7 o'clock in the morning to is^l"' * 5 o'clock in the evening, but he shall not be bound, re"yman ^-^ ' not Douna except he please, to convey any one oyer in a tern- BtSrm'or'' pest, or when the Windmill hath lowered its sail in H^S consequence of storm or otherwise.* , ""*"• ^- ' . . But no person shall be exempt from paying Fer- ^wi^ riage, be he Avho he may, except only the Hon. Direc- gfi"' tor General aud Members of the Council, also ^""^°' Marshals or Bailiffs sent across by the government with a pass from the Secretary. 9. To the end that no person shall plead ignorance Ferryman hereof, we order and command the Lessee to affix a Law in'"" copy of this Ordinance publicly in the Ferry houses hoJ^'.'^ on both sides of the Ferry, as we have deemed such to be for the service of Travelers and the good Inhabitants of this Province. In witness whereof we have caused Our Seal to be appended hereunto. Done in Fort New Amsterdam the 1st July, A" 1654. * The Windmill here referred to stood on the old Battery, and seemed to serve as a Barometer or Indicator of bad Weather to the Ferryman. Tb. 166 LAWS OF ORDINANCE Of the Director and Council of New Netherland against removing property from the City of New Amsterdam during the present Panic, and forbidding the return to said City, after the Panic has subsided, of sucli persons as may remove. Passed 7 July, 1654. [N. T. Col. MSS. IV. 453; V. 296.] The Director General and Council of New Neth- erland, To all those who hear, see or read these Presents, Greeting, make known. Preamble. Whekeas experience hath now frequently man- ifested that some Englishmen, pretending to be Burghers and Inhabitants of this city of New Amster- dam, do notwithstanding hold and keep up, mean- while, correspondence and communication with other disaflFected persons of this place, and that such pre- tended Burghers and Inhabitants of this city, the moment they receive any unfavorable report from the North, or elsewhere, either verbally from spies or in writing from their Friends, Countrymen, or Corres- pondents, do, without communicating to Us or to the Inferior Court of this city, such advices or reports, immediately remove and carry away their Mova- bles, Furniture, Beavers and other Valuables to the English Villages, which are less fortified and secure than this city, whereof are now seen divers i)roofs at various times; by which removal of Mo viibles, Furniture and Merchandise they not only irritate, disturb, discourage and render disaflPected the good and well disposed Citizens of this place and others residing in the Kural districts also; so that many disputes and quarrels have been thereby created, whereof the complaints have been brought before Us ; but likewise, what is still worse, such Persons evince that tbey feel little love, affection and loyalty towards this place, except so far as their own per- NEW NETHERLAND. 167 sonal interest is concerned; besides, what is still more dangerous, Privateers and other threatening enemies of this State are, by such removal of Movables, Peltry or Furniture, countenanced and assisted, and advised of the condition and circum- stances of this City, to the serious discredit, dispar- agement and weakening of this Capital. The Hon*"'^ Director General and Council wishing to provide as much as practicable and feasible herein, do hereby Ordain and command that no person, of what rank or nation he may be, shall, because of any evil report, remove any Goods of what nature ^°^^^^^^ they be, out of this City of New Amsterdam to any Sm'S^Sn ' *" to any out- outlying Villages and Hamlets where they are in ^^f^s^ more danger from Privateers, Eovers, Vagabonds and other enemies of this State, on forfeiture of all ^'eiai'y- such removed goods ; and those who now and here- tofore have repeatedly removed their Goods or any J'^^^^^^ng of them, or have allowed them to be removed, are d^priTOdS CitizBDSbip, hereby deprived of their Citizenship and at the same ^^^^^ll time ordered and commanded to depart out of this '^"^•'"' city Neiv Amsterdam within four and twenty hours after the publication of these presents (during which time they are granted a safe guard for their person and property), and to follow their Goods which they have already sent away, and not to come back into J?,°r'efutT** this City on pain of being arrested and arbitrarily punished. We command our Fiscal, after the Pub- ^jfjfg^°„. lication of these presents, to notify the persons whom SicJeot these concern hereof, and to warn them to depart. Thus done in the Assembly of the Hon. Director General and Supreme Council holden in New Amster- dam in New Netherland this 7 July. Signed, P. Stuyvesant, Nicasiiis de Silk, C. Tan ,Werck1wven, Cor. Tan Thienhoven. 168 LAWS OF ORDINANCE Of the Director and Council of New Netherland against circulating False Reports, and for obliging those who have removed from the City of New Amsterdam to return thither. Passed 11 July, 1654 • [N. T. Col. MSS. IV. 454 ; V. 298.] The Director General and Council of New Nether- land, To all those who see or hear these presents read, Greeting, make known. Preamble. Whekeas WO have bccu certainly informed and advised that some among our Subjects have* now again, the same as last year, taken up and circulated a false, lying and self invented Rumor to the dishonor of the Supreme Government of this Province and the Dutch Nation, viz., that some Members of the Supreme Council with some of the Dutch Inhabitants had hired and instigated some Frenchmen and In- dians to massacre and plunder the English people residing among us. Which circulated Rumor, al- though false, unchristian and devoid of the least probability, was, nevertheless, propagated so pertina- ciously and shamelessly by some who were fbr the most part English Refugees from Neiv England, in order to incite greater commotion among the good Inhabitants, that they, to give more color to the Lies, abandoned their Houses and Plantations and retired and withdrew one with the other to the village of Gravesend, where some Vagabonds, Rovers and Pi- rates have for a long time past, collected and skulked together; among the rest Samuel B racquet, the Leader and Thief of the stolen Horses, for what purpose is best known to themselves, the Director General and Council find'themselves bound and obliged, for their own vindication and the security of their subjects, to provide therein as much as possible. Wherefore, they order, command and enjoin hereby all their Sheriffs, NEW NETHERLAND, 169 OflBcers and Magistrates of the respective Villages & Hamlets of this Province to apprehend and most foS^h'S'sB securely to bring hither and to present before us, not ar?S'aul only the first Originators and Disseminators of such Mrector^'and false, lying and self invented Eeports, but also those who relate and retail them upon the statement of others, even were it from the fourth, fifth or sixth hand, so that by this means, not only may the com- motion be stopped, but also, if possible by examina- tion and arrest; the Authors may be discovered and duly punished as an example to others. And in order to prevent in future such commotion among the good and well afifected, the Director General and Council hereby declare all persons, of what nation or rank they may be, who by reason of such false, lying and forged Eeport, have fled away or abandoned their property, without making inquiry, as in duty f^^Xi- bound, of the Director General and Supreme Council, prlpeny, or Inferior Magistrates concerning the same, to be g)?ir C5 o ' Citizenship deprived of their Burgherright and abandoned Lands, Snfe^sThlfy 1 . return wiih- unless the persons who have run away do, withm in ^ tours. four and twenty hours after the publication hereof, return with their Families and all their removed Fur- niture and Cattle to reside on their abandoned Lands, whether they retired and repaired to the Village of Gravesend near the Privateers or elsewhere. Further- more, in case anyone can furnish certain proof and ftrThedis- information of the person or persons who may have thrauthora, * *^ Ac., of False forged and circulated such false, slanderous, unchris- '«f°'^'s- tian Lies, and them deliver into the hands of Justice, he shall receive a reward of 300 guilders with the promise of the firstofiQce for which he may be qualified. Thus done in the Assembly of the Director Gen eral and Council of New Netherland, Neiv Amsterdam, this 11 July, A" 1654. (Signed,) J'. Stiiyvesant, Nicasius de SiUe, 0. van Werckhoveii, La Montague, Cor. van Thienlwven. 22 170 LAWS OP ORDINANCE Walls of Furt Amsterdam trodden down b7 Hogs. Goats, Sheep and Hog« to b*^ secured. If found on the walls of the Fort, to be impounded. Of the Director and Council of New Netherland, to prevent injury to the Fortifications. Passed 11 July, 1654. [N. Y. Col. MSS. IV. 456 ; V. 302.] The Director General and Council of New Nether- land, To all those who see these Presents, or hear them read, Greeting, make known. That the works of the Port have now been repaired and restored 2 or 3 times at considerable expense and labor, and every time trod under foot and thrown to the ground by the Hogs, from which the now repaired and newly constructed Works are exposed apparently to the same danger. The Director General and Council being desirous, for the preservation of all the outer and interior Works, to provide against such damage, do order all good Inhabitants of this City that every one so secure and keep his Goats, Sheep and especially his Hogs that they do no damage to the Works, and warn, at the same time, all persons that the Hogs, Goats or Sheep which shall be found, twenty-four hours after the publication hereof, on the walls or constructed works of the Fort, either on the outer or interior works, shall be taken up and impounded, and • one pound Flemish be forfeited for every Hog, Goat or Sheep, for the benefit of the person who shall take or catch it, or the Hog, Goat or Sheep shall be for- feited if the owner do not come to release it within the space of 24 hours. Thus done in the Assembly of the Hon"'* Director General and Supreme Council holden in New Amster- dam in Neiv Netherland this 11 July, Anno 1654. By order of the Hon'''® Director General and Coun- cil. (Signed,) Cornelis van EtnrvEN, Secretary. KEW NETHERLAND. 171 ORDINANCE Of the Director and Council of New Netherland, providing for the Increase of Sheep. Passed 1654. [N. T. Col. MSS. xn. 3.] Note.— On the 18 May, 1654, the Directors at Amsterdam wrote to Director General and Council of JSTew Netherland, as follows : " In order to promote the increase of Sheep {het krijtentvee), an Edict goes herewith which your Honors will not only have published and posted up, but also take care that it be obeyed and executed. The object will be greatly promoted if you will, as we recommend, give notice that the number of cattle in each Colonie be taken, and the same recorded." This Ordinance is not among the Records. Tb. ORDINANCE Of the Director and Council of New Netherland, amending the Ordi- nance of the 28 January, 1654, imposing Duties on Indian Goods, Wines, Brandy, &o. Passed 22 July, 1654. [N. T. Col. MSS, IV. 457 ; V. 309.] According to the general, old and well known Preamble;. contracts, all Merchants are bonnd to pay in this country to the Director General and Council one per cent of all their Goods and Merchandize and, in addi- tion, as much more as may have been imposed there- on before arriving, whereof the Petitioners cannot be ignorant.* It was owing to the benevolence of the Director General and Council that it has not been collected. But the Treasury being, at present, ex- hausted, in consequence of excessive expenses incuf red and some moneys borrowed to meet them, it is impossible for the Director General and Council to maintain the Civil, Ecclesiastical and Military Offi- cers, much less to pay the incurred debts, in case they remain any longer deprived of the One per cent * Certain merchants of New Amsterdam who liad imported Goods after the passage of the Tariff of 28 January, asked to be exempted from the payment of the new Duties. 172 LAWS OF and other subsidies, yet observing the increased difficulty and burden which it would cause the Com- monalty and the increased expenses which woOld accrue to the Merchants, if the Director General and Council should exact, according to the general, old, Instead of kuowu coutracts, OuB pcr cent from all Merchandize, the Import ^ ' pePc™t°r they have pursuant to their published Eesolution taposKio'ii adjudged it fitter and more reasonable, in place of Goods. ^Yie general [impost], to exact the equivalent only from the Indian cargoes and the iB«st necessary goods, which, yet, return the largest profit, current money and pay, and are the least burdensome both to the Commonalty and the Factors. The Director General and Council do therefore, consider it unnec- essary to refer the matter to the Directors in Father- land, the rather as the low state of the Treasury and the augmentation of the expenses admit of no delay. Meanwhile in order to demonstrate our good will and inclination to encourage Trade, and to remove the Petitioners' ground of complaint as to too great exactness, the Director General and Council do hereby relieve the Petitioners from about one-fourth part of the demanded Duty and stapleright, so that Duties on one piccc of Duflfels, usually 38, 39 and 40 ells long, Indian ■, ■,, ji r. Goods shall pay, fl. 3 One ell of cloth, stuff or carpeting, fl. 1 8 One Indian coat, fl. 6 100 lbs Kettles, fl. 3 Qp e dozen of blankets fl. 3 Wines, A hogshead of Ehenish or French wine, fl. 6 Brandy and " |°^«;k° An anker of Brandy, Liquor or Spanish wine, fl.2 10 A tun or half pipe of European Beer, . . fl. 2 10 Larger or smaller vessels in proportion. Goods may Wc hereby command our Fiscal and Eeceiver on wment not to dcmaud or take more, on payment whereof of the Duty. ' ^ •' according to order the Trader or Merchant shall not NEW NETHERLAND. 173 experience any obstruction, but be absolutely allowed to remove and transport bis wares from the Public Store and them to sell to his satisfaction and to their buyers' profit. What regards Salt, it is for the tfhav. present time, on account of the great scarcity, free of all duty. Thus done in the Assembly of the Hon"'* Director General and Council holden in Netv Amsterdam in New Netherland this 22 July, A° 1654. (Signed,) P. Stuyvesant, Nicasius de Sille, C. van Werckhoven, La Montagne. ORDINANCE Of the Director and Council of New Netherland, regulating the pur- chase of Lands from the Indians and requiring all who have not Patents to take out the same within six weeks. Passed 2 August, 1654. Note. — This is a Renewal of the provisions contained in the Ordi- nance of the lat July, 1652, aupra p. 130. It is referred to in .W. Y. Col. MSS. VIII. 64. 174 LAWS OP ORDINANCE Of the Director and Council of New Netherland, regulating the Weighing house in New Amsterdam. Passed 10 Aztgusi, 1654. [N. T. Col. MSS. V. 319.] The Director General and Council of New Nether- land, To all those who see these Presents or hear them read, Greeting, make known. Preamble. That they, in order to prevent the Complaints of some evilminded persons, that no order is observed in this Country in regard to Weights and Measures,* have caused to be made and constructed, at the cost and charges of the Hon"^ Directors at the Chamber of Amsterdam, Lords and Patroons of this Province, Sawil'her ^ suitable "Weighinghouse, and in addition to the weSht3*and Stamped Weight have caused to be placed therein a provwed. stamped Skepel and Ell agreeing with the weight, contents and length of those of the city of Amster- dam, according to which all other Weights, Meas- ures and Ells within this Province shall be regulated, observed and put in practice, on the penalty and fine prescribed by former Statutes. In order the better to bring the same into use, the Director General and Council have Ordained and Enacted, as they do hereby Ordain and Enact, that, from this time for- ward, all Goods and Merchandizes subject to the measure either of the Skepel or Weight, which will be brought into or carried out of this city, shall be '''■ Referring to the complaints made by Vanderdonek and others in Holland. See N. Y. Col. Doc. I. 302. " Some complaints having been presented to us here, that no proper law has been enacted, or at least observed, in regard to Weights, Measures, and the Ell, We have given orders that there be sent to you from here some Weights together with an Ell and Measure, in use in this city, in order to be deposited in the City Hall, and you are charged to see that the Wares and Merchandizes be sold or exchanged by said Measure and Weight, and that the contra- veners be duly punished." Directors to Stuyvesant, 18 May, 1654. NEW NETHERLAND. 175 weighed aud measured by the sworn Weighmaster ^i^^^^^^^^ meaiiured aud Measurer before such Merchandizes or Goods are brought into this city, or exported and carried else- where out of it ; for which the jjurchasers aud sel- lers conjointly, or else the purchaser or seller alone, according to the conditions stipulated at the i)ur- chase, shall pay as the fee for weighing or measuring as follows : by tbe Weigh- master, First, with regard to the Weighinghouse. For For All sorts of Silk goods, Indigo, Fees of Spun Silk, 15 Stivers Preserves, the Welgn- houae. Cochineal, or per hundred Sugars, 10 Stivers Saffron, All sorts of Spices, Spanish hides, Beavers, per hundred. Candles, • Dry fish, Tobacco, Salt meat. Hops, Pork, Grease, Tallow, SarsapariUa, Pitch, Sassafras, Sulphur, Elephants' teeth. R3Sin, All sorts of Dyewood, 5 Stivers Cordage, 4 Stivers Cotton and Cotton Yarn, per Imndred Lead, per hundred. Wool and Worsted Yarn, Iron, Dry hides, Copper, Copper kettles. Raisins, Butter, Prunes, Cheese, Rice, Starch, Hard bread, Stockfishwood, Flour, And for all odd Weights, above aud below one hundred pounds, shall be paid, from one to 25 pounds, one-fourth part ; from 2G lbs. to 50 lbs. inclusive, half fees ; from 51 to 75 lbs. f of the hun- dred, and above 75 lbs. to one hundred, full weigh fee. But inasmuch as a man may deliver at the same time to one and the same person, more than one quantity of the same sort of goods, all said quantities or weights of the one and the other shall be added together, and payment made there- Fees for Weights below 100 lbs. 176 LAWS OF Fees to be paid each time Good3 are sold, or removed. But Goods may be delivered from ship to ship or house to bouse, Provided notice be ffiven to the Welgh- master and bis fee paid. Penalty. Goods may be weighed at the place of sale, on payment of certain fees. Pees of the "Weighhouse to be paid Into the General OfBce. for according to the product of the whole, and for each lot, or draYfc, weighed shall be paid f of one stiver. And all the Goods subject to the Weighinghouse, or that are sold by weight, shall pay the Weighmoney as often as they are sold, transported, transhipped or removed. But to avoid the heavy charges for labor which the Goods may be sabjected to, in carrying them to and bringing them from the Weighinghouse, either in cart, sleigh or boat, the delivery may be made from ship to ship, or from house to house, by the shortest and quickest way ; provided that before the transportation or removal take place, the Weigh- master be notified thereof and the Weighing fee be paid, on pain of forfeiting the Wares and Mer- chandize or the just value thereof, or otherwise at the discretion of the Hon"'^ Director General and Supreme Council. Item. Any Wares and Merchandize sold by the lot or parcel, shall not be delivered before and until they are weighed, but the contractirig parties can send for the Weighmaster, the scales and weights in loco and have the Wares and Merchandize weighed there and so delivered, on payment to the Weighmaster of four guilders W day and the like sum for the use of the Scales and Weights ; but if the buyer or seller have his own Scales or Weights, it will be sufficient only to pay the Weighmaster. Provisionally and for the first year, shorter or longer, until the Director General and Council have an opportunity to farm out the Weighinghouse, agreeably to the laudable custom of the city of Amsterdam, the product of the Weighhouse, or the Weigh fees, shall be handed into, and paid in cur- rent pay at the General Office, and the duties of Weighmaster shall be provisionally performed by NEW NETHERLAND. I77 The Goods and Merchandize which are brouffht ooodaofthe to- ~ Company, , or are received at the Weighinghouse, and ^t^^°/ belong to the Honi^'^ Company, to this City, to the j^'eSi- Board of Deacons, and other charitable bodies, being ?^Hharge really and truly their property and to be converted Sl.'^"*"" to their use only, shall be exempt from the fee for weighing; all which the Weighmaster shall be obliged to weigh gratis and for God's sake. The Director General and Council reserve to Eight to themselves, with the consent and ratification of the J^^*^^""" Hon'"^ Directors, the Lords and Patroons of this City, to alter, diminish or to enlarge this Eegulation according to the circumstances of the times and the condition of affairs. Thus done in the Assembly of the Hon"® Director General and Supreme Council holden in Amsterdam in New Netherland this 10 August, A" 1654. Present the Hoa"» General and all his Council. reserved. ORDINANCE Of the Director and Council of New Netherland, regulating the duties of the Provost Marshal. Passed 20 August, 1654. [N. T. Col. MSS. V. 334; XVI. 50.] First. The Provost shall be obedient and sub- provost to take au missive, and must take the oath of allegiance to S^giSiice- the Hon*"* Director General and Supreme Council, according to form. Furthermore. He shall have his residence in Fort Beswein ttie Fort ; Neiv Amsterdam where quarters will be assigned him, and he will be provided with the keys, locks and chains of the prison of which he shall be bound to Have charge of , take good care, to lock up and feed the Prisoners in "^e prison. the manner he is ordered by the Fiscal. Item. He shall every morning and evening visit prfioiera the Prisoners, examine the locks and take particular Sf^f* 23 178 LAWS OP Not put other irons on them than are ordered ; To notliy the Fiscal of the commit- tal of new Prisoners : May imprison Soldiers found fight- ing, and Fine those found with- out side arms, or with candles in barracifs after 9 o'clock. Fees for confining Soldiers, Citizens, Officers, or Persons of respecta- bility. Penalties on delinquent Soldiers. care that uo file, rope, ironwork or any thing sharp be left with the Prisoner. Also. The Provost shall not secure any one with heavier or lighter iron than he is ordered by the Fiscal, unless he by night or at unreasonable hours, lie in wait in order to break out, and in that case he shall do the best for the safer custody of the Prisoner, and afterwards report the matter to the Fiscal. And if it happen that a Prisoner or Prisoners be brought by any Sheriffs or Ship captains to the Pro- vost to be locked up, he shall have power to place such immediately in confinement, but he must notify the Fiscal at earliest opportunity and deliver in writing the names of the injured parties and of the Prisoners. Item. He may separate and imprison all Soldiers whom he finds fighting with drawn swords in the Fort or on the street. Item. He shall impose a fine of 2 stivers on all Soldiers whom he finds without side arms, or in the evening in the Fort, after nine o'clock, with candles in their barracks. Item. The Provost shall, for each incarceration of any soldier, receive 10 stivers, and of every Citizen or Oflicer, twenty stivers. Item. For Chief Ofiicers or persons of respectabil- ity occupying his quarters, 30 stivers, and for the board in proportion, according to the order made thereon. Item. The Soldiers who fail at parade, either in leaving too soon or coming too late, shall not only stand sentry double the time, but shall pay the Pro- vost a fine of 2J stivers, and if anyone leave his arms, standing on guard, the Provost shall retain such arms, until they are ransomed by the payment of 2i stivers. NEW NETHERLAND. 179 The Provost shall receive twelve stivers a day for Pee»for '^ boarding the board of a commou Prisoner, provided he furnish p"^""""' them weekly with the equivalent of the ordinary ration allowed by the Company, to wit : U lb. of Beef, ^"^r^; ? lb. of Pork, 1 lb. of Fish, 1 gill of Oil, 1 gill of Vinegar, suitable pottage and a supply of bread per week. Item. The Provost shall not be at liberty to absent S^g^ J ' village of Director General and Council of New Netherland, we ^pro^ed. have approved thereof, and so deemed it proper and necessary. We, therefore, do hereby authorize said J^^^'j^f™' magistrates 8tnjclcer, Hegeman, and Sivartwout, to lay ^oValSliy. out the aforesaid Village according to the exhibited Plan ; provided that 5 @ 6 lots be reserved for Public Lota to be *■ ^-^ ^ re.served for buildings, such as for the Sheriff, the Minister, the Sfnltefl"^' Secretary, Schoolmaster, village Tavern and public f^"?^^^^^ Court-house; hereby commanding the Inhabitants SSSs?'"'" of the said Village in general to submit themselves without opposition, provisionally and until further order, to the proposal of the aforesaid Magistrates and this our good intention. Done in the Assembly of the Hon*" Director Gen- eral and Council of Neiv Netherland, holden in Fort Amsterdam. Dated as above. 200 LAWS OF ORDINANCE Preamble. No p**rson lo cross the Biver, or hold inter- coarse with Indians on pain of pun- ishment. Indians authorized to detain such per- sons and their boats, that cross without a pa^s. All persona lorbidden to frequent the shore on the departure or return of the govern- ment Boat, or on the arrival of ' any Indians, on pain of arrest. Of the Dii'ector General and Council ot New Netherland prohibiting intercourse with the Indians on the West side of Hudson's river. Passed 18 October, 1655. [N. T. Col. MSS. TI. 101] "Whereas, by going backward and forward to the Indians, many false rumors and reports are circulated both among us and among the Indian Nation, to prevent which the Director General and Council of Neiu Netherland again most expresssly command and admonish all persons, of what quality soever they may be, not to go over with Boat or Canoe or any other Vessel, however called, or to hold any manner of intercourse or conversation with the Indians, on pain of arbitrary punishment: And the Directoi General and Council do, further, give warning that they have ijermitted and ordered the Indians, in case anyone go over or approach the Indians without a sign and token from the General, to detain and sub- ject to ransom such Boat, Canoe, or persons. Let every one be on his guard against loss. Whekbas, further, the Director General and Coun- cil experience and palpably see the crowding and unseemly clamor of some of our Nation, whenever a Boat is dispatched by the Director General and Coun- cil to have a talk with the Indians about the ransom- ing of the Prisoners, and on its return, which not only alarms the Indians but also creates an unfavor- able suspicion, and therefore they will not come over to speak with the Director General and Council ; to prevent which the Director General and Council do hereby Ordain and command all persons of what rank soever they may be, not to be, or to go there about, on the departure or return of the Director General's row-boat, or when any Indians come across, and whoever, old or young, may be found in or about NEW NETHERLAND. 201 th§ street, shall be subject to the penalty of being arrested by the Military and placed in confinement ; and Parents are particularly admonished to inform parents to *■ '' warn their their children hereof, and to warn them against t^'^*'™- damage. Thus done in Fort Amsterdam in New Netherland. Dated as above. (Signed,) P. Stuyvesant, La Montagne, Cor. van Tienhoven. ORDINANCE Of the Director General and Council of New Netherland renewing the Ordinance against Goats running at large in New Amsterdam. Passed 5 November, 1655. [N. T. Col. MSS. VI. 146.] Whereas great complaints have heretofore been preamwe. made, of the serious damage which the Goats and other Animals committed in and about this City, as well on the Fort and Gardens as to other planted fruits and trees, in consequence whereof, a prohibition has been repeatedly issued against keeping any Goats here, yet we find that several Goats are brought back here, which not only ruin all the Fruit- trees they can reach, but also destroy the Gardens of the Burghers, and lay waste the Corn-fields, whereof loud complaints are made to the Director General and Council of NeAv Netherland, who there- S°™" ' Oramunce fore resolved hereby, in short, to renew the formerly gSts!*^ enacted Ordinance to that effect, heretofore published, and, at the same time, to warn all those who have any Goats running here at this side of the Fresh noatstoue kept and Water, them to have kept and herded beyond or hlfSthe across the Fresh Water, also at night to shut them OTto''be°con- ^ fined ill a up in a Barn or Stable, so that said Goats may not ^^Ji\°f be able to do any more damage to the crops and trees, on pain of the seizure and forfeiture, for the 26 202 LAWS OF bouto ortSe ^^I'oof and profit of the Poor, of any Goats that -will S^teseSed be found, after the posting hereof, on this side of the Hiid sold lor --, , __ of the Poor. Thus done in the Assembly of the Hon"^^ Director General and Council holden in Fort Amsterdavi in ' New Netherland. Date as above. ORDINANCE Of the Director General and Council of New Netherland increasing the Tavernkeepers' Excise throughout the Province of New Nether- land. Passed 29 November, 1G55. [N. T. Col. MSS. VI. 173.] The Director General and Council, considering the great and excessive expenses incurred the last year on account of the English troubles, and now again de novo created by the Southern expedition, besides those they must bear in consequence of this unex- pected, deplorable encounter with the Indians, natives of these parts, which expenses are increased by main- taining a greater number of Soldiers than formerly, as well on the South River in Fort Casimir, as here, at Fort Oray.ge and elsewhere ; and that on the other hand, the Eevenue is smaller than it was last year, estimating the Duties received at not half so much as they were last year, whereby the Treasury is con- siderably in arrears, and it is in the highest degree necessary that subsidies be found, in order to relieve , and supply in some measure what is hereinbefore set forth ; Therefore the above mentioned Director Gene- be''Sed, ral and Council have resolved, inasmuch as the • Excise on Wines and Beer to be consumed by the Tavern keepers and Tapsters next year, within the jurisdiction of this City New Amsterdam, will be publicly let to-morrow to the highest bidder, accord- Excise on NEW NETHERLAND. 203 ing to the praiseworthy custom and order of our According •' to the cua- Fatherland, to raise the Excise on Wines and Beer gj?,^^ everywhere within this Province, so that hencefor- ward there shall be paid by the Tavernkeepers and Tapsters as Excise for an ordinary Hogshead of French or Ehenish wine, fl. 20 ^i^l^ An anker of said wine, 4 An anker of Spanish wine, Brandy, or dis- tilled Liquor 7 A marked tun of Strong New Netlierland Beer, 4 A tun of foreign Beer, 6 Larger or smaller casks in proportion. Thus done in the Assembly of the Director General and Council holden in Fort Amsterdam in New Nether- land, dated as above. Eesumed and published on the last of said month of November. (Signed,) P. Stuyvesant, Nicasius de 8iUe, La Montaane. OBDINANOE Of the Director General and Council of New Netherland fixing the price of strong New Netherland Beer. Passed 29 November, 1655. [N. T. Col. MSS. Vn. 174; XVI. 61.] The Director General and Council of Neio Nether- Preamble. land having considered on the one side the great, excessive and immoderate profit which the Brewers exact on their Jjrewed Beer, and on the other hand, the repeated complaints presented to them by the Inhabitants of this Province against the Brewers, that they, on the imposition or increase of any Taxes, are making their Beer, each time, thinner and poorer, and will, notwithstanding, have the same price ; yea, more than they asked for it when grain was dearer and scarcer than it is at present ; which tends to the great prejudice of the Inhabitants, and only to enrich .some few: Wherefore, the aforesaid Director General 204 LAWS OF and Council do, hereby, command and Ordain that to"S?|e°°' ^^^ Brewers within this Province, or those who make a fogulwers business of Brewing, and dispose or sell their Beer to for a tun of o ' jr BtrongBeer. othcrs, shall scll, or take for a gauged Tun of strong New Neilierland Beer, no more than Twenty guilders, for which they shall be bound to brew good Beer, particularly not weaker than has been hitherto manu- factured. Done in Fort Amsterdam in New Netherland, the 29 November, A" 1655.* Preamble. Excise to bo paid by Tavern- keepers on "Wine, Brandy and Beer, Liquoig laid in for private con- sumption exempt from Excise. No Liquors to be sold to Indiana. ORDINANCE Of the Vice Director of Fort Casimir imposing an Excise on Liquors at Fort Casimir, and prohibiting the sale of Liquor to Indians on the South river (Delaware). Passed 20 December, 1655. pr. T. Col. Mss. xvni. 21.] Whekeas, it is resolved, pursuant to the Instruc- tion of the Hon'''^ Vice Director and the order of the Hon"'" Governor and Supreme Council, to impose some Duties on Liquors for the maintenance of the Fort and other indispensable expenses, therefore, the Inhabitants of this place are warned that there shall be paid, from this time forward to the Vice Director, For one hogshead of French Wine, fl. 20 For one anker of Brandy, or distilled Liquor, 7 For one tun of Holland or Foreign Begr, 6 For one tun of New Netherland Beer, 4 Larger and smaller quantities in proportion. Which Excise shall also be paid by those who drink in company or clubs ; but those who will lay in some for their provision shall be exempt from this Impost. It is further expressly forbidden to all persons, be they who they may, to sell any Strong drink tc '■'- See note to Ordinance of 18 August, 1653. NEW NETHERLAND. 205 Indians, whereby these may be reduced to a state of drunkenness, on the penalty thereto prescribed at the Menahatas. Also, no person shall attempt to sell or barter any no^p*™" property distributed to the Soldiers, on the penalty l^^onglnT of having said articles taken for the use of the Hon"® Company, and the value thereof in addition. ORDINANCE Of the Director General and Council of New Netherland to prevent Firing of Guns, Planting May poles and other Irregularities within this Province. Passed 31 December, 1655. [N. T. Col. MSS. VI. 207 ; XVI. 62.] The Director General and Council of New Nether- land, To all those who see these Presents, or hear them read, Greeting. Whekeas experience hath demonstrated and taught ^reamwe. that, besides an unnecessary waste of powder, much Drunkenness and other insolence prevail on New Years and May days, by firing of Guns, planting May poles and carousing ; also other deplorable acci- dents such as wounding, which frequently arise there- from. In order to prevent these in future, the Director General and Council expressly forbid from this time forth all firing of Guns, or planting of May ™^s"i^„t. poles within this Province of New Netherland, on p"o1e3^"''^ New Years or May days ; also the making of any noise by beating of Drums, or the retailing of Wine, Beating Brandy or Beer on these occasions, and this only to |."q,;l,'=r"in^ prevent more accidents and mischief, on a penalty anTMa^'^ ■■■ ' 1. *j flays, pro- of 12 guilders for the first offense ; double for the p^"^^"^- second offense, and for the third an arbitrary correc- tion ; to wit, one-third [of the fine] for the Officer, one-third for the Poor and one-third for the com- 206 LAWS OF plainant; they further hereby Order all Inferior Courts within this Province, to cause these presents to be published and posted at the usual places, and the same to be promptly executed. Thus done in the Assembly of the Director Gene- ral and Council in Fort Amsterdam in New Nether- land, this last of December, A° 1655 ORDINANCE Of the Director General and Council of Netv Netherland for the formation of Villages, and prohibiting Straw roofs and Wooden chimneys. Passed 18 January, 1656. [N. T. Col. MSS. VI. 226.] preftmbie. Wheeeas sad experience hath from time to time proved that, in consequence of the separate dwellings of the Country people located on the Flatland in divers hooks and places, in complete opposition to the Order and good intention of the Hon*"'^ Company and its government here, many murders of People, killing and destruction of Cattle, and burning of Houses, have been committed and perpetrated by the Indians, natives of this Country, the most of which might have been, with God's help, prevented and avoided, if the good Inhabitants of this Province had settled themselves together in the form of Towns, Villages and Hamlets, like our neighbors of Neiv England, who, because of their combination and compact residences have never been subject to such, at least not to so many and such general disasters, which have been caused, next to God's righteous chastisement, on account of our sins, by tempting the Savage Barbarians thereto by the separate resi- dences of the Country people; the one not being able, in time of need, to come to the assistance of the other, in consequence of the distance of the places, NEW NETHERLAND. . 207 and the impossibility of the Director General and Council to provide each separate Country house with a guard. To this, then, besides the Murders, Dama- ges and destruction of divers People, Bouweries and Plantations already suffered, is owing also the last, to the serious loss and hindrance of this country and the people thereof, the recurrence of which is to be apprehended and expected hereafter no less than now and heretofore, unless the good Inhabitants are taught by their losses and those of others to be wiser and more prudent, and to allow themselves to be influenced -by good law, as they are bound to be, to form compact dwellings in suitable places, in form and manner as will be laid down to the Inhabitants, by the Director General and Council, or their Com- missioners, when the Director General and Council will be able to assist and maintain their subjects, with the power intrusted to them by God and the Supreme government. « In order that this may be the better executed and obeyed in future, the Director General and Council aforesaid do, hereby, not only warn their good sub- jects, but likewise charge and command them to mnabitanu '^ to coiicen- concentrate themselves, by next Spring, in the form setiIsS" of Towns, Villages and Hamlets, so that they may v'iuag''e3.'' be the more effectually protected, maintained and defended against all assaults and attacks of the Bar- barians, by eacb other and by the military intrusted to the Director General and Council; Warning all those who will, contrary hereunto, remain hereafter ou their isolated plantations, that they will do so at their peril without obtaining, in time of need, any assistance from the Director General and Council. They shall, moreover be fined annually in the sum penalty. of 25 guilders for the behoof of the public. Furthermore, the Director General and Council in order to prevent a too sudden conflagration, do 208 LAWS OP Btraw roofa and Wooden Chimneys prohibited. Ordain that from now henceforth no Houses shall be covered with Straw or Eeed, nor any more Chim- neys be constructed of Clapboards or Wood. Thus done, resolved, resumed and enacted in the Assembly of the Director General and Council holden in Fort Amsterdam in Neio NetJierland. Dated as above. (Signed,) P. Stuyvesant, Nicasius de SUle, La Mon- tagne, Cor. van Tienlioven. Published on the above day. Note. — On the subject of the preceding Ordinance, the Directors in Amsterdam write as follows, on the 19 December, 1656 : ' "We are weU pleased with the Edict your Honors have enacted respecting the Separate habitations of the outside people, provided it apply to the Builders of new dwellings, and not to those whose houses are already erected and constructed, for we do not think it fair to constrain the latter thereto." J^. Y. Col. MSS. XII. 45. Preamble. No Cattle to be slaugh- tered ORDIlSrANOE Of the Director and Council of TSTew Netherland establishing an Ex- cise on Slauglitered cattle. Passed 18 January, 1656. [N. Y. Col. MSS. TI. 229 ; XVI. 63.] The Director General and Council of New Nether- land, To all those who see these Presents or hear them read. Greeting, make known. Whekbas divers complaints are daily made to them, which experience also confirms, that now and again Cows, Hogs, and other Animals at the Flat- land are stolen, slaughtered and sold by Christians, or at least by persons reputed to be Christians, who go under the guise and name of Indians ; to prevent which as much as possible, the Director General and Council aforesaid do hereby most expressly interdict and forbid even the owner to slaughter any Cattle, Hogs, Sheep or Goats from this time forward either within this City or any other Town, Village or Miiffistrates to deter- mine the NEW NETHERLAND. 209 Hamlet on tbe Flatland belonging to tLis Province, nnless sucli owner first enter said Cattle, be it Ox, Cow, Calf, Hog, Goat or Sbeep, on tbe same day he intends to slaughter it, with tbe Magistrates of the respective place where he belongs, or with such per- son as shall be thereunto appointed by the Magis- without a trates, each in bis respective locality, and receive a permit so to do, on pain of forfeitiug the slaughtered penalty for animal and double its value ; for which Permit to k"permu.?"' slaughter tbe owner shall pay to the Magistrate or tbe Collector, to be by the Magistrate appointed for that purpose, for the use of the public, one stiver in ^^^^^'^ tbe guilder* of the true value of each animal, whether Ox, Cow, Calf, Hog, Goat, or Sheep. In case of dis- J? d"pote, pute, the value to be determined by the Magistrates tSlfe'ter '■ ' JO minetht in their jurisdiction, or their Commissioners. Which ™!^5s' moneys shall in each City, Village or Hamlet be laid up aud kept, to be, in time of need, employed and ^^^f^^^^jo applied for the maintenance and protection of the priawd."' public interests and the villages, either in the levying of soldiers or purchasing of necessary ammunition according as circumstances shall require. The fines f^if^f°"^ for transgressing this Law shall be applied aud ex- pended, one-third for tbe Informer, one-third for the Ofiicer, one-third for the behoof of the Public, as aforesaid. Thus done io Fort Amsterdam in New Netlierland, the 18 January, A° 1656. Note. — A Slaughter Excise was established in Amsterdam in 1645, and was fixed at the 40"" "penning," or about two and a half percent of the value of the animal. The New Netherland Excise amounted to 5 per cent. The latter Law was copied from the former, which is to be found in the Handvesten, &o., van Amstelredam. Ed. 1748, fol. I. 171. * A guilder was equal to twenty stivers. 27 tributed. 210 LAWS OF No Purs to be removed Unless previously entered with the district Commla- sary, and An Invoice thereof brought to the Fiscal. Penalty. ORDINANCE Of the Director and Council of New Netherland for the more effectual collection of Duties on exported Furs. Passed 27 Janum-y, 1656. pr. T. Col. MSS. VI. 257 ; XVI. 65.] The Director General and Council of New Nether- land, To all those "who see or bear these presents read, Greeting, make known. That they having experience of the gross frauds and smuggling which have, for a long time past, been committed with regard to the duties on Peltries, and imposts heretofore placed on the consumption of Wine and Beer which are exported, are resolved to publicly let them to the highest bidder in the mid- dle of March, except the duties of the Customs and the 8 per cent on the Peltries which are sent direct by the return ships to Fatherland. In order to act with more certainty and the better to prevent all fraud and smuggling, the Director General and Council hereby warn and order all Skippers, Boat- men, Traders and Merchants, both Inhabitants and Strangers, not to embark, transport, carry or remove from this time forth, with Yachts, Boats, Carts, Wagons or in any other manner any Beavers, Otters, Bearskins or other Peltries, unless such Peltries be first regularly entered with the Company's commis- sary, each in his district, and an invoice under his sig- nature of the full quantity thereof, by whom shipped or sent and to whom consigned, be brought to the Fiscal, on pain of forfeiting the concealed Peltries and double the value thereof, whether the Skipper or owner even brings them with him for his own use or as freight for others: hereby not only warning all and every one against loss but also, in addition, com- manding their Fiscal, Commissaries and other officers strictly to execute this Law after the publication and NEW NETHERLAND. 211 posting thereof, duly to inspect all departing and arriving Vessels, Boats, Carts, or Wagons and to proceed against the Smugglers as the case may require. Thus done, enacted and resumed the 27 January, A° 1656. Preamble. ORDINANCE Of the Director and Council of New Netherland against Conventicles. Passed 1 Febniary, 1C56. [N. Y. Col. MSS. VI. 261 ; XVI. 66.] Whereas the Director and Council of Neiv Nether- land are credibly informed and apprized that here and there within this Province not only are Conven- ticles and Meetings held, but also that some unqual- ified persons in such Meetings assume the ministerial office, the expounding and explanation of the Holy "word of God, without being called or appointed thereto by ecclesiastical or civil authority, which is iu direct contravention and opposition to the general Civil and Ecclesiastical order of our Fatherland, besides that, many dangerous Heresies and Schisms are to be apprehended from such manner of meetings. Therefore, the Director General and Council aforesaid neiigious hereby absolutely and expressly forbid all such Con- j'^^^^^'^^"' venticles and Meetings, Avhether public or private, duS™*^ differing from the customary, and not only lawful but prohibited, scripturally founded and ordained Meetings of the Eeformed Divine Service, as this is observed and enforced, according to the Synod of Dortrecht, in this Country, in our Fatherland and other Eeformed Churches in Euro])e, under the penalty of One hun- jnqnaMea dred pounds Flemish to be forfeited by all those who, ^l^^tm , _ pounds. being unqualified, take upon themselves, either on Sundays or other days, any office whether of Preacher. 212 LAWS OF Persona assisting at such Meet- iags to pay a nne ol £ 25 Law not to apply to freedom of Betigion already grs.nted in charters, Or to Private family worstilp. Law to be published through out the Province. Eeader or Singer, in sucli Meetings differing from the customary and legal Assemblies, and 25 lilve pounds to be forfeited by every one, -whether Man or Woman, married or unmarried, who is found in such Meetings. The Director General and Council do not, however, hereby intend any constraint of conscience in violation of previously granted Patents, nor to prohibit the reading of God's Holy Word, Family prayers and Worship, each in his household, but all public and private Conventicles and Meetings, ■whether in public or private houses, differing from the repeatedly mentioned customary and ordained Eeformed Eeligion. In order that this may henceforward be the better observed and obeyed, and that no one pretend igno- rance thereof, the Director General and Council command their Fiscal and the Inferior Magistrates and Sheriffs to publish and cause to be published these presents everywhere within this Province and to cause them to be executed against the Contrave- ners, the more especially as we find such to pertain to the honor of God, the advancement of the Ee- formed Eeligion and the general peace, harmony and wellbeing of the country. Thus done, resolved, resumed and enacted in Fort Amsterdam in Neiv Netherland this First of February, A" 1656. Note. — The preceding Law was aimed against the Independents of Middelburg (now Newtown) Li. I., and the Lutherans of New Amsterdam. On the 15 Jan., 1656, the Rev. Messrs. Megapolensis and Drisius, Ministers of New Amsterdam complained to the Director and Council that, since the departure of the Rev. Mr. Moore from Middelburgh, some of the Inhabitants of that town had, thougli entirely unqualified, presumed to liold Conventicles or Religious Meetings and to act in these as Ministers of the Gospel, whence nothing else could be expected than quarrels, confusion and disorder both in Church and State in that place, and a bad example to other parts of the Province. They, therefore, requested that some provision be made against such unlicensed proceedings. The subject was renewed on the 18th of the NEW NETHERLAND. 213 ORDINANCE Of the Director and Council of New Netlierland for tlie immediate formation of tlie Village of Midwout. Passed 22 February, 1G56. [N. T. Col. MSS.VI. 296.] Whereas the Director General and Council of preamwe. Netv Netherland, sufficiently understand not only by reports but by their own observation, that the same month, and the ahove Ordinance, appears to have been issued accordingly. Previous to this, however, about the year 1653, the Lutherans of N^ew Amsterdam had petitioned for Freedom of Religious Worship, and for permission to call a Clergyman. Their petition was trans- mitted to the Chamber at Ainsterdam. The Clergy at the Manhat- tans and the Classis of Amsterdam opposed the concession, and the Directors wrote as follows : "12 March, 1654. In accordance with our Custom and that of the East India Company, we have resolved absolutely to refuse the petition which some of our Inhabitants and those of the Augsburg Confession have presented for a Minister and the enjoyment of free exercise of their Worship, and the consequences that might foUow therefrom. We moreover have recommended your Honors not to receive or to transmit hither any more such petitions, but rather to reject them in the easiest and least offensive manner, and further to employ all rea-sonable and moderate means to win those people over, to the end that they be brought to hearing, and in time to the public profession of the Reformed Religion, in order thus to live and con- tinue in greater love and unity together." N. Y. Col. MSS. XII. 1. The Lutherans however seem to have continued their Meetings meanwhile. The Dutch authorities were not pleased with their open worship any more tlian with that of the Independents, and on the promulgation of the Law against Conventicles, some of the Lutherans were imprisoned. On receiving this intelligence and a copy of the Law, the Directors at Am,sterdaw, disapproved at once of tjie Ordinance, and of the severity with which it had been enforced. " 14 June, 1656. We should have gladly seen that your Honor had not posted up the transmitted Edict against the Lutherans, and had not punished them by imprisonment which they declare was inflicted on them, inasmuch as it has always been our intention to treat them with all peaceableness and quietness. Wherefore your Honor shall not hereafter allow any more such or similar Edicts to be published witnout our previous knowledge, but suffer the matter to pass in ailence, and permit them their free Worship in their houses." To the Lutherans of New Amsterdam therefore belongs the credit of having procured the Veto of the above intolerant Law. Tb. 214 LAWS OF Plan of the Village of Midu° I)ort them before sundown on board or to their place swpped. of destination ; hereby warning not only all and every against loss, but also in addition commanding their Fiscal and other officers strictly to execute these ® 1663. April 26. By an Order iu Council this date all homo brewed New Netherland Beer was declared exempt from Export Duty. N. Y. Col. MSS. X. pt. ii. 77. 222 LAWS OP v^hicils"'"* ^^^^^ publication and posting, duly to inspect find t'e.foa"^''"' cause to be inspected all departiusr and arriving arrival and _, _, ^ .^^ i o o departure, gloops, Boats, Oarts, Or Wagons, and to proceed as the case requires against the defrauders. Thus done in the Assembly of the Hon"* Director General and Council of Neto Netlierland holden in Fort Amsterdam. Date as above. ORDINANCE Fieamble, No goods exceed- ing ffi lbs. weight, to be weighed, shipped or removed, unless tiie weigii-fees' be lirst paid. Of the Director and Council of New Netherland directing all articles over Twenty-five pounds to be weighed at the Weighinghouse. Passed 27 April, 1G56. [N. T. Col. MSS. VI. 373.] The Director General and Council of New Neih- erland, To all those who shall see these Presents or hear them read. Greeting, make known. Whereas divers complaints have been made to us by the Farmer of the Weighinghouse in this City that he is seriously damaged in the fees to him accruing from all the goods subject to being weighed or which ought to be sold by weight, inas- much as many goods subject to be weighed are transported, shipped and removed without having been duly weighed* and without the weigh-fees having been paid; Therefore the Director General and Council do hereby notify, warn and order all Burghers, Merchants and Traders residing in this country or resorting to this place, that from this time forward no person, of what quality soever he may be, shall be allowed to weigh, transport, ship or carry away any Goods subject to be weighed, or that are to be sold by weight, exceeding 25 lbs. with- out having first paid the fees for weighing thereof, according to the Ordinance set up in the Weighing- NEW NETHERLAND. 22§ house, and that as often and as frequently as they ^ffa'^g^^tea shall be sold, transported or transferred; But in SSd! order to avoid the heavy charges for labor which may burden the Merchandise in bringing them to and from the Weighinghouse, the delivery may be made, ^°de»??r?d from ship to ship or from house to house, provided to"Sip 'i? •^ ^ from house that, before the transportation or removal be made, J,°aymeat' "" the Farmer of the Weighinghouse is notified and ""^^^ the TFeigh-fees are paid; on pain of forfeiting the Penalty. Wares and Merchandises or the just value thereof, or otherwise at the discretion of the Director General and Council. Further, in order to prevent all frauds and smug- fa°^^^°^ gling as much as possible, it is hereby expressly Sny'Shw ordered and commanded that no person shall keep ^eSiion. in his house, store or cellar any weight over 25 lbs., except with the express consent of the Farmer. Let everyone be warned hereby and guard himself against damage. Thus done in the Assemby of the Director General and Council holden in Fort Amsterdam in New Netherland. Dated as above. 224 LAWS OF ORDINANCE Preamble. Stamped Weights and Measures provided. All Goods broujiht to or carried out of the City to be weighed or meaiured. Of the Director and Council of New Netherland further regulating the "Weighinghouse in New Amsterdam. Passed 27 April, 1656. [N. T. Col. MSS. 71. 374.] The Director General and Council of Neiv Nether- land, To all those who see these Presents, or hear them read, Greeting, make known. That they, in order to prevent the complaints of some evil minded persons that no order is observed in this country in regard to Weights and Measures, have caused to be made and constructed, at the cost and charges of the Hon"'^ Directors at the Chamber of Amsterdam, Lords and Patroons of this Province, a suitable Weighinghouse, and in addition to the stamped Weight have caused to be placed therein a stamped Skepel and Ell, agreeing with the size and length of those of the City of Amsterdam, according to which every other Weight, Measure and Ell within this Province shall be regulated, observed and put in practice, on the penalty and fine prescribed by former Statutes. In order the better to bring the same intft use, the Director General and Council have Ordained and Enacted, as they do hereby Ordain and Enact, that from this time forward, all Goods and Merchandises subject to measure either of the Skepel or Weight, which will be brought into or carried out of this City, shall be weighed and measured by the sworn and thereunto appointed Weighmaster and Measurer, be- fore such merchandises or goods are brought into this City or exported and carried elsewhere out of it, for which the purchasers and sellers conjointly, or else the purchaser or seller alone, according to the conditions stipulated at the purchase, shall pay aa the fee for weighing or measuring as follows : NEW NETHERLAND. 225 First with regard to the Weighinghouse. For AU sorts of Silk goods. Indigo, Fees for Spun Silk, IB Stivers Preserves, weighing and mea^ur- Cochineal, per hundred. Sugars, 10 Stivers. '°^' Saffron, Spanish leather, AU sorts of Spices, . Dried Fish, Salted meat. Pork, Tobacco, ] Tallow, Sarsaparilla, Pitch, Sassafras, Sulphur, • Elephants' teeth. Harpuys,* All sorts of Dyewoods, Cordage, 4 Stiven. Cotton aifd Cotton Yarn, Wool and Woolen Yam, 5 Stivers per cent. Lead, Iron, Dried hides, Copper, Copper Kettles, Eaisins, Butter, Prunes, Cheese, Rice, And for all uneven weights above and below one And for parts of hundred pounds, there shall be paid, from one to 25 """" I)ounds one-fourth ; from 26 to 50 inclusive half fee ; from 51 to 75 lbs. three-fourths of the hundred and above 75 lbs. full fee. But inasmuch as a man may- deliver at the same time to one and the same person more than one quantity of the same sort of goods, all said quantities or weights of the one and the other shall be added together and payment made therefor according to the product of the whole, and for each lot or draft weighed shall be paid f of one stiver. And all the Goods subject to be weighed, or that ^°%^ are sold by weight, shall pay the weigh money as aao^eu** often as they are sold, transported, transhipped or removed. But to avoid the heavy charges for labor with which the goods may be burdened in carrying them to and bringing them from the "Weighinghouse, »A composition of pitch, tar and rosin, with which ships are smeared. — Dict. 29 226 LAWS OF Goods may be removed from ship to sbjp or house to liouseon paying the Penalty. No lota of Goods to be delivered before they are weighed. Goods may be weighed in loco. Groods belonging to the Com- pany to the City, to the Beacons and Cbaritable Institutions exempt from charge for weigh* ing. No person to weigh Gooda over 25 lbs. or keep any higher weights, on his premises, except by permission. Office Hours at the Weigh- house. either in Cart, Sleigh or Boat, the delivery may be made from ship to ship or from house to house, b}^ the shortest and quickest way; provided that before the transportation or removal take place, the Weighmas- ter be notified thereof and the weighing-fee be paid ; on pain of forfeiting the Wares and Merchandise or the just value thereof, or otherwise at the discretion of the Hon^^® Director General and Council. Item. Wares and Merchandises sold by the lot or parcel, shall not be delivered before and until they are weighed, but the contracting parties can send for the Weighmaster, the scales and weights in loco, and have the Wares and Merchandise weighed there and so delivered, on paying the Weighmaster four guilders per day and the like sum for the use of the scales and weights ; but if the buyer or seller have his own scales or weights it will be sufficient to pay only the Weighmaster. Only the goods and Merchandises which are brought to, or are received at the AVeighinghouse and belonging to the Hon^^° Company, to this City, to the Board of Deacons and other Charitable Insti- tutions, being really and truly their property and to be converted to their use, shall be exempt from the fee for weighing; all which the Weighmaster must weigh gratis and for God's sake. Item. No person shall be at liberty to weigh in his house any goods exceeding 25 lbs. on pain as afore- said, or to keep larger Weights in his House, Store or Cellar, unless by express consent of the Farmer of the Weighinghouse, on pain of Twenty guilders, those who sell weights excepted. For the convenience of every one who wishes to have any goods weighed, the Farmer or his Collector shall be in attendance in the Weighinghouse, Sun- days and Feast-days excepted, from 7 to 11 o'clock in the forenoon, from 2 to 6 o'clock in the afternoon ■ NEW NETHERLAND. 227 from the 8 April to tlie 8 October ; and from 8 to 11 o'clock in the forenoon and from 2 to 5 o'clock in the afternoon from the 8 October to the 8 April. The Weiffbmaster shall not be bound to Aveigh any uoGJooasto goods before, after or between the hours aforesaid, J^^Ji^r but be at liberty in order to record the weight &c., ^'"^' unless that, whenever the hour arrive to close the Weighinghouse, some goods lie there or are in Enrafees no' O for work the act of being weighed, and the seller or buyer or reiailf" both together offer to pay 12 stivers for keeping """' open the Weighinghouse, when the Weighmaster remains bound to open the place and to weigh the goods. Item. The Farmer of the Weighinghouse shall Sls^T take care that the Scales or Balances are kept very Swe^to ^ •'be kept clean and free from dirt ; in like manner, that the "■^'^ Scales are regulated when brought out before they are used ; likewise, that such cleaning be frequently done to the Weighinghouse, when it is bad weather. The Director General and Council reserve to them- J-^^j;,™^ selves, with the advice and ratification of the Hon"° nc?S^. Directors, the Lords and Patroons of this Province, to alter, diminish, or to enlarge this Eegulation according to the circumstances of the time and the condition of affairs. Thus done in the Assembly of the Hon"'' Director General (sic) holden in Amsterdam in New Netherland. Date as above. 228 LAWS OF ORDINANCE Of the Director and Council of New Netherland against lodging Indians in New Amsterdam. Passed 29 May, 1656. [N. T. Col. MSS. vm. 12.] The Director General and Council, Tvith the advice of the Burgomasters and Field OflScers of the Burgh- S°har"o°r° ^'^ corps, hercbj notify and warn every one that from n"|iltwitbin now hcnceforward no person shall harbor any Indians during the night between this place and the Fresh water, under the penalty of 25 guilders to be forfeited by every one who hereafter may lodge a single Indian during the night without a ticket signed by the Director General or the Secretary. Thus done in the Council holden in Fort Amster- dam in New Netherland the 29 May. 1656. certKia luults, Penalty. ORDINANCE Hogs to b8 yoked. Hogs trea- passing in COTDfitfldS, to be lUUed, Of the Vice Director and Council of Fort Casimir to prevent damages by Hogs. Passed 22 May, 1656. [N. T. Col. MBS. XVm. 23] All Inhabitants residing, and owning Hogs near Fort Casimir are hereby warned to put yokes on the necks of said Hogs, within 24 hours, so that they may not again trespass on the Hon*"'* Company's grain and destroy it any more ; as, if, in future, any Hogs be found among the grain, we shall be obliged to have them killed by the Soldiers. Let every one regulate himself accordingly. NEW NETHERLAND. 229 ORDINANCE Of the Court of Midwout and Amesfoort, for the better securing of the viUage of Midwout. Passed 26 May. 165G ; Ratified 3 Jane, l{i5G. [N. T. Col. MSS. Tin. 66.] PuBStiANT to the Eesolution of the Sheriff and preamwa. Magistrates of Midivout and Amesvoort, adopted and enacted heretofore with the approbation of the Director General and Supreme Council of Neiv Neth- erland, dated 22 Tebruary, that the concentration of the dwellings and houses of this village of Midwout is highly necessary, and the Commonalty being con- voked afterwards on that subject by order of said Sheriff and Magistrates, it was verbally proposed to them that for the general good it was equally necessary, in order to protect and strengthen the Village of Midwout aforesaid, that said place and ^^^°'' village must be fenced in and secured in the rear by be")ln1SLi° palisades, and each person so do for one house lot '""les. and parcel of land ; which was then voluntarily accepted and undertaken by the Commonalty, with a promise to perform the same in fourteen days. That time being now long since past and expired, and observing and remarking that some, to the serious prejudice ot the general welfare, do not pro- ceed with the setting out and fencing around of this Village, but on the contrary are remiss and in default, whereby the well intended Eesolution of the Director General and Supreme Council is retarded and procrastinated. Therefore, the Court of Midivout and Amesvoort aforesaid, with the approbation of the Hon"'® Director General and Supreme Council aforesaid, wishing to provide herein, most expressly command, as they do hereby command and ordain, that those who, up to this time, are in default, do exert- all possible effort not to fail from this time 230 LAWS OF Bach of the Inbabltanta to furnistl and erect within 8 days his share of palisades. Inspectors to be appointed^ Penalty for neglecting to erect palisades. Batlflca- tlon. forth herein, so as to prevent us far as possible all attacks and invasions of Indians and enemies. And all Tvhom these may concern are again charged forthwith, without any delay or postponement, in eight days after the posting hereof, to have ready and erected, each, his quota and share of palisades. Commissioners to be appointed for the purpose, will, at the appointed time, go around and inspect, in order to examine and carefully observe every thing, and whosoever will then be found to have failed in the performance of bis duty shall forfeit, as a flue and penalty, a sum of 25 guilders for each Lot, to be applied one-half to the Sheriff" of this place and the other half for the behoof of the public aflSairs of the village of Midtoout aforesaid. Thus done and enacted by the Court of Midwout and Amesvoort abovementioned, with previous appro- bation of the Director General and Supreme Council of New Netherland. Dated Midwout, on Long Island the 26 May, 1656. (Lower down.) By order of the Court of Midwout and Amesvoort aforesaid, with previous approbation of the said Direc- tor General and Council in New Netherland. (Signed,) Peter Tonneman herein Secretary. The Director General and Council commend and approve of the above Eesolution of the Sheriff and Magistrates of the village of Midwout, therefore not only order and command hereby that the same be immediately carried into effect, but also authorize the Sheriff and Magistrates to put the same into prompt execution. This 3 June, A" 1656. NEW NETHERLAND. 231 ORDINANCE Of the Director and Council of New Netherland amending the Ordi- nance for the collection of Duties on Exported Liquors. Passed 7 June, 1656. [N. T. Col. MSS. Vm. 20 ; XVI. 75.] The Director General and Oonncil of New Nether- Preambio. land hereby make known, that on the Eemonstrance and petition as well of the Dutch as of the English merchants resorting to this place, in regard to the Duties imposed on exported Wines, Beer, distilled f^°^J,™te" Wiues and Liquors, they have modified and mitiga- toie"^a ted one-third part in form as follows : In order not to annul the lease and not to prejudice the Farmer, the seller has to pay the Farmer one-third; the pur- one-thirdby •^ "^ ' ir t^g Vendor, chaser one-third and the remaining third shall avail bvthepi- the Farmer as an offset with the Eeceiver of the s''«^'^''•^"'o be allowed Director General and Council, so that the buyer and "ffe"*^"' seller each individually has to pay the Farmer only, On one tun of Beer, fl. 1 i'"""- On one anker of Brandy, Spanish Wine or Liquor,.. 1 1 On one anker of French or Ebenish wine, 11 Larger or smaller vessels in proportion. Thus done in the Assembly of the Director Gene- ral and Council holden in Fort Amsterdam, in New Netherland the 7 June, A° 1G56. ««« 232 LAWS OF Preamble, ordina:n"ce Of the Director and Council of New Netherland for the payment of Tenths. Posset? 27 June, 165G. [N. T. Col. MSS. Vni. 34 ; XVI. 76.] The Director General and Council of Neiv Nether- land do, hereby, make known : That they have been frequently ordered and instructed by the Lords Patroons to collect the Tenths which both the Colon- ies and private Bouweries, according to their obtained Patents and Grants, are owing, and some have been owing for many years ; Therefore the Director Gene- ral and Council hereby warn every one, to wit, such as by Patent or Deed are liable for Tenths, that he do ?S?ov°d*''* ^^^ proceed to remove his cultivated crops, whether Grain, Maize or Tobacco before he has amicably agreed with the Director General and Council respect- ing them for the first and next year, or shown his crops to the Director General and Council, or their Commissioners, in order to select the Tenths from them agreeably to the Order and custom of our Fatherland ; under a penalty of Fifty guilders, over and above the just value of the Tenths, according to the valuation of impartial persons, to be paid by such as "will be found to have acted contrary hereunto. Thus done in Fort Amsterdam in New Netlierland, the 27 June, A." 1656. Note. — The object to which those Tenths were applied is explained in the dispatch of the Directors to Stuyvesant and the Council dated 19 December, 1656: " We are right willing to believe that the collection of the Tenths is, as yet, of small importance, and the cause of much trouble. Yet it must not on that account be neglected, but introduced, as hereto- fore frequently remarked, in the most discreet and pmdent manner. For, although the amount wiU not be sufficient to pay each Town's charges, such as the support of a Minister, Schoolmaster, &c., never- theless the said Tenths must bo collected and distributed on behalf of the Company among such official persons, the Inhabitants of the Town still remaining bound to supply the deficit by other subsidies and taxes. N. Y. Col. MSS. XII. 45. See further the Ordinance for the Better government of the Town of Flushing, infra, P.JmBtb. lis Before the proprietor oomnouDda ft>rthe Tentha. FenAlty. Bevenae ftom the Tenths bow to be cppliofL NEW NETHERLAND. 233 ORDINANCE Of the Director and Council of New Netherland proriding for the clearance of Vessels, and for the entry of Goods subject to Export Duties. Passed 27 June, 1C5G. • [N. T. Col. MSS. Vni. 34 ; XVI. 77] Whereas tlie Director General and Council of Preamble. Neiv Netherland are credibly informed both by a re- monstrance of the Farmer (of the duties) and by information of others, that now and then Ves- sels depart from here, without asking or receiving from the Fiscal a proper pass, as is the custom, and without duly entering their exported goods, such as Wines, Beer and Peltries, which are subject to duty, whereby first the Farmer and consequently the public Eevenue are considerably defrauded, the Director General and Council aforesaid wishing to provide herein agreeably to the Order and custom of our Fatherland, do, hereby, interdict and forbid from this time forward, any Ships, Yachts, Barks, Ketches or vessels not ' J £■ J J I to .sail from any other vessels, of what nation soever they may SwuS be, which cast anchor before, or near this City, again ^'"^^' to lift the same or to sail hence elsewhere, to any place whatsoever, whether beyond or within this government, without having asked and obtained a proper pass from the Fiscal ; under a penalty of 50 penalty. pounds Flemish. In like manner, the Director General and Council also most expressly forbid any person to embark any rnreana Peltries, Wines or Beer which are subject to impost b°a?d''ve?-'' or datv, before and until they are "duly entered, and cntered''ana •^ ■' the duty be the proper Duty and Impost money therefor paid, on p*''^- pain of forfeiting the smuggled goods and three penalty. times the value thereof, to be applied as is proper; hereby not only authorizing but also commanding our Fiscal, before he grant a pass to any Barks or Ships, carefully to inspect the same. 30 234 LAWS OP Thus done, resolved, resumed and published in the Assembly of the Director General and Council, holdeu in New Netherland the 27 June, 1656. ORDINANCE Of the Director and Council of New Netherland renewing the Ordinances for the formation of Villages, and against admitting armed Indians into Cities, Villages and Houses. Passed 1 July, 1656. [N. T. Col. MSS. Vm. 56.] The Director General and Council of New Nether- land do hereby make known to all persons. prenmbie. That they have been informed by some Indians that 2, 3 or four Indians of Tappaen were brood- ing some mischief, and had given out that they intended to kill one or more Christians on the Flatland ; And Whereas the Director General and Council cannot ascertain where or against whom the blow is leveled, much less that it is a general plot of the Tribe, the rather since the warning has been given by the Tappaen Nation and other Indians, the Director General and Council with the assistance ' of the Burgomasters of this City cannot, for the present, apply any other order or remedy against it than hereby to renew their previous Ordinances People m and Edicts, to wife: that the separate Country the Country ^ •' thfiiSiV^t" people have to concentrate themselves in the nearest viuage.an yjjjg^ggg j^q^ Hamlets, aud to settle there, on the fine formerly affixed thereupon ; and in the mean- while, to warn eVery one to be on his guard, and Not to go not to go into the Woods or on the Eoads except out unless ^ '^ armed. armcd, and at least 2, 3 or 4 men together, in order to be able to oppose such Bushwhackers. Further, in order to prevent such dangers of isolated murders and assassinations, the Director General and Council, with the advice of the Burgo- NEW NETHERLAND. 235 masters of this city, cannot for the present devise any better or other expedient than already stated, and besides that, to interdict and forbid the admis- sion of any Indians Avith a gun or other weapon, J^°jf™«* either in this City or in the Flatland, into the fif"'"""* Villages and Hamlets, or into any Houses or any Ijlaces, on pain of forfeiting such arms, -which may J^^ifa"J^n^° and also shall be taken from them, on the complaint Lrmei.'"" of the Inhabitants, by the Sheriffs, Marshals, or, in their absence, by one of the Magistrates, to wit : 14 days after the publication and posting hereof, or after notice and communication of this interdict have been given to the Indians, which the Director ijoticeof '^ this pro- General and Council hereby order to be conimu- bl''com-"' nicated to the Indians by some of their subiects ""-fi" acquainted with^the Indian language, and tho,t in the most civil and properest manner, it being intended and meant by the Director General and Council, with the advice of the Burgomasters aforesaid, only to prevent all diflficulties between the Christians and Indians. Thus done in the Council holden in Fort Amster- dam the 1 July, A" 1656. 23G LAWS OF ORDINANCE Preamble. Former Laws affai nst Contraband Trade renewed and Amplified. No person to import any Knap- hance. or Gunbarrels, except one Carbine, Of the Director and Council of New Netherland renewing and amend- ing the Ordinance against importing articles of Contraband. Passed 11 August, 1656. [N. T. Col. MSS. Vm. 135 ; XVI. 78.] Whekbas the Director General and Council of Netv Netherland are to their regret informed and told of the censure and blame under which they are lying among Inhabitants and Neighbors on account of the non-execution of their previously enacted and frequently renewed Edicts against the importation of articles of Contraband and the sale thereof as well to Christians as Indians, some not only presuming that the Director General and Council gonnive with the violators, but even publicly declaring that the Direc- tor General and Council aforesaid have made free the importation and trade in Contraband which, for that reason, is carried on with uncommon licentiousness and freedom. This hath moved, and again moves the Director General and Council to revive and renew the previously enacted Edicts against the importation and sale either to Christians or itfatives of any kind of Munitions of War ; which aforesaid Edicts, in order to prevent all ignorance and excep- tion in the premises, they do hereby revive and renew, thereunto adding the following amplification, and have resolved, enacted and ratified, with the previous knowledge and approbation of the Directors of the Incorporated West India Company, That henceforth no person, of what nation or quality soever he may be, shall be at liberty to bring into the Country for his own or ship's use any sort of Snaphance or Gunbarrels, finished or unfinished, not even on the Company's permit, save only, according to order, one Carbine, being a firelock of three to three NEW NETHERLAND. 237 and a half feet barrel and no longer; on the penalty as before. Further, ■whereas dally experience proves that, not- Munitions withstanding the general prohibition, considerable \fj'^^^ munition of war is imported not only from Father- fSS' and A'ew laud, by the arriving return ships, but also from other -s^*"""'^- places and especially from Virginia and Neiv England, which cannot well be properly remedied unless these • vessels as well as the Netherlands ships and barks are closely inspected and visited : And (Whereas) the Frauds and Smuggling which they carry on cannot, according to the general complaint, be more rigor- ously remedied and prevented so long as such Ships and Barks do not load and unload in accordance with the Regulation and Order heretofore enacted on that subject, the Director General and Council do hereby resume, renew and enlarge said Regulation as follows : All private Ships, Yachts, Barks, Ketches, Sloops ah vessels and Boats, whether of Netherlanders, English, French, Swedes or any other Nation, desiring to anchor about the Island of Manhattan and this City, shall not seek or select any other roadstead than in front of intfe •^ East river this city of Amsterdam, on the JEast river between ptMand""* the Pier and the Oitv gate, and on the North river in jp* ,'"'»'« »■ " ' North river front of and near the Beavers' path, and at no other thlBeavera- place, on pain of paying 25 guilders for the first time ; 50 guilders for the second time, to be forfeited after penalty. they have been warned. 2. All Ships, Yachts, Barks, Ketches, Sloops and invoices of; *■ ■*■ Goods to be other craft, as aforesaid, being thus anchored before and"l*sei3 this city, and at no other place, shall, before dis- inspected •' ' X- > I before charging and loading any Goods or Merchandise, be dtSlrging' obliged to give in an account or invoice of their cargo "''^°' to the Director General or his Deputy, the Fiscal, 238 LAWS OF Goods not on the Invoice to be seized, and live times their value for- feited. Goods to be loaded or discharged within the City's lim- its, during Suosliine. Feoillty. and submit to his visit both on their arrival and departure, and if he find any more Goods than appear on the rendered Inventory, Bill or Invoice, such goods shall, in legal form, be libelled as subject to confiscation by the Fiscal, as prosecutor and guardian of the Laws, and five times the value of the imported smuggled Contraband shall be exacted in addition on pain of arbitrary correction according to the printed Placard. 3. The receipt or delivery of all Goods and Merchan- dises which are delivered on shore or received on board shall be made and take place, without any exception of persons, or fraud, within the limits of this City and in no ways beyond the same, and that during sunshine, on the penalty, for the first offense, of the fourth part of the overtaken goods, and .the forfeiture in addition, for the second offense, of the Scow, Boat or Vessel wherewith they are discharged. No Passen- gers to be received on board and carried away with- out a lass. Penalty. Fiscal to seize Goods imported in violation of this Law. 'No Skippers or any persons sailing with Ships, Yachts, Barks, Ketches, Sloops, or Vessels, shall take with them or carry away any of the Company's Servants, any Freemen or Inhabitants of Neiv Neth- erland, of what nation or quality soever they may be, without the consent or handwriting of the Director General or his deputy, on the penalty of Six hundred guilders for each person. And in order that no person may pretend ignorance hereof, the Director General and Council order and command that this Ordinance shall immediately be promulgated, proclaimed, published and posted where such promulgation, proclamation, publication and posting are usually done. They further charge and command the Fiscal and all other officers to prevent and arrest the importation and sale of the aforesaid NEW NETHERLAND. 239 goods and to levy executioo on the same, in con- formity to this our Ordinance, proceeding against and i)rosecuting the Contraveners and Violators thereof without partiality, connivance, favor, dissim- ulation or fraud, for such we have found to be for the service of the Country and the Inhabitants thereof. Thus done in the Council holden in Fort Amster- dam in New Netherland, the 11 August, A" 1656. CONDITIONS Offered by the City of Amsterdam to those who may be sent aa Colonists to the South River of New Netherland. Passed 12 August, 1656. [Boyal Archives at the Hague.] 1 The Colonists should go thither in suitable ships ^Ja^aSinos with their families, requisite household furniture and ^tlrVS-^ to apply for additional necessaries ; for which purpose license p*™"- shall be applied for and obtained from the Amster- dam Chamber of the West India Company. 2. The City of Amsterdam may make the best agree- S'S'dam ment it can with the skippers for the transportation tiie^fpls-'"' sage, and of both people and goods. 3. Said City is to advance the passage money, on con- ''^^f™'"=° dition that it be hereafter repaid to the City in man- """"^y- ner hereinafter mentioned. 4. To the end that the said Colonists may gain their ^S^™d"fJ^' livelihood there safely, honestly and prosperously, '^'"°"'^'^= the City aforesaid doth beforehand guarantee as follows : 240 LAWS OF 5. Amsu^dam Mrst. Said City will provide and assign a fruitful provide soil in a healthy and temperate climate, "watered by crmSe* 3-"^ situated upon a fresh water river which can be mfyroJS- uavigatcd by large ships; for which purpose an agreement shall be previously made with the West India Company for a place at its disposal and to which no other persons have any claim. 6. ^ti?y a^°^ Here the City will lay out a proper piece of land ?raiden°oe'Sf ou a rfver side for a safe habitation and residence of Colonists, Pntoitriets',' the Coloulsts, and fortify it with a ditch without and *"■■ a wall within; and divide the inclosed land into streets, a market, and lots suitable for the use as well of traders and mechanics as of farmers ; and all this at the expense of the City. 7. IcSJilmaa- "^^^ ^^''^ ^^ Amsterdam will send thither a proper person for Schoolmaster, who shall also read the Holy Scriptures and set the Psalms. Pay Ms. The City of Amsterdam shall provisionally and until further opportunity, provide the salary of said School- master. 9. Furnish the And to the end that the Colonists going thither Colonists ° " wiVnlc'S-'' may be provided with all proper necessaries, as far eted^rain as posslblc, the Citv of Amsterdam will furnish them build a store Jr ' »J Buppiitf " for one year with clothing and all sorts of seed grain , ter, and ^sions'and and, moreovcr, will build, in the place aforesaid, a clottamg. 7 > 7 r- > large magazine or warehouse, wherein it will keep all sorts of articles, both for clothing and the sub- sistance of the people, and supply them with all sorts of seed grain ; it will, likewise, keep a factor there, who shall furnish every thing necessary for clothing, housekeeping and farming, and sell these at the same NEW NETHERLAND. 241 prices tliey are sold here, the Company's customs excepted. 10. Ooncerning the Company's custom, the City will Dutitstoba agree therefor as favorably as possible and especially ^oF^''^ that the duty to be paid in New Netherland, shall be employed in building and maintaining public works by those thereunto to be authorized by the West India Company and the City. 11.' The said fortified place alloted for the residence of Laws of '- Anuterdam^ the Colonists, whether called a city or town, shall be ^l-ega"/ regulated in matters of Police and the administra- be m force. tion of justice in the same manner as here in Amster- dam, whereof the practice and custom, particularly in regard to descents, shall be adhered to. 12. They shall first have one Schout or ofiScer as the ?Jg^^ head of Justice, instructed as is the custom here. sohom, The Schout shall be appointed in the name of their to be appointed High Mightinesses and the "West India Company, by l^^^^? the Deputies of Amsterdam, who, for this purpose *""• shall give authority to the Director by a power of attorney. 14. They shall, moreover, have three Burgomasters, Three Bnr- who shall be appointed by the common Burghers, from the honestest, fittest and richest. 15. And five or seven Schepens, to which end the body f^'^i°i^y^^ of the Burghers shall nominate a double number, in pem.and order that the Director, by power of attorney, as mentioned in Article 13, may make an election from them. 31 242 LAWS OF A Common Council "Which shall fill vacan- cies in its Board, and thenceforth choose the Surgomas- ters and nominate the ache- pens. Jurisdiction of the Court of Schepens, in Civil and City of Amsterdam to furniah a smith, wheel- rlgbt and carpenter and Divide the land into farms. each Colonist to have as much land 16. On the increase of the city or town to two hundred families or upwards, these shall choose a Common Council of XXI persons, who shall meet with the Burgomasters, and resolve together on all matters relating to the City government ; but this Common Council, once instituted, shall thereafter have power, in case of the death of one or more of its members, to fill vacancies by a new election, unanimously, or by plurality of votes ; in»like manner, the said Com- mon Council shall annually choose the Burgomasters in manner as aforesaid, and also have the nomination of a double number out of which the Scheppns shall be chosen in manner as already mentioned. 17. The Schepens shall give judgments for all sums under one hundred guilders ; but in cases exceeding one hundred guilders, the party aggrieved shall be allowed an appeal to the Director General and Coun- cil of New Netherland. 18. Said Schepens shall also pronounce sentence in all criminal cases, but an appeal therefrom shall be pro- visionally allowed. 19. The City of Amsterdam will agree with a smith, a wheelwright and a carpenter to go and live there for the convenience and service of the Colonists. 20. The City of Amsterdam aforesaid, will divide all the lands round about said town or city, into suitable flelds-for plough land, pasture and meadow land, laid out on proper roads for going to and coming from them. 21. Every person who will follow farming shall have in free, fast and durable property, as many morgens, as NEW NETHERLAND. 243 well of plougli land as of pasture and meadow, as asheisawe he and his family will be able to improve, and will "^^^f '^°° require for grazing, be it 20 @ 30 or more morgens ; provided all such lands which will be given and con- veyed in fee to each of the Colonists, shall by them in two years from the conveyance, be brought under Penalty for ,,. . T /. non-usage. cultivation, on penalty of the same being taken from them and given to others. 22. Each of the Colonists shall settle and use his land Se"?™^ oundage, orn money and salt tax freely, without paying poundage, horn money or salt E money, for ten years, reckoning from the year in ["^dftoS"' which the land is first sown or pastured ; which ten years being expired, they shall not be taxed higher than those who are taxed lowest in any other district under the government of the Directors of the West ladia Company, in Neiv NetlierJand. They shall, also, be exempt from Tenths for the term of twenty Tenths for '' 20 years. years, reckonmg from the year in which the lands will be first sown ; and on the expiration of said 20 years, the tenths shall then be paid to the City of . . , , 1 , Howthe Amsterdam ; with the understanding always, that fhexlSte half of these tenths shall be expended for the sup- Slended. port of the public works and of the persons employed in the public service there. In like manner, also, whenever any poundage or other taxes shall be paid, the money shall be employed in constructing public Taxestobs works and keeping them in repair, and in defraying wo?taand the salaries of persons in service in that country. BS£?fi"° 23. The City of Amsterdam shall make arrangements ships to be that ships shall be continually and cotfsecutively sent ft'thl'"'"* from Holland to load and bring over grain, seed, p^odS. timber, and all other produce most profitable to the Colonists, who shall, in like manner, be at liberty to charter private vessels, provided they be consigned to the City of Amsterdam. and 244 LAWS OF Stores to be supplied in Amsterdam for rpnep- tiOD thereof. Commission for the sale of such pro- duce. Tenth of the net pro- ceeds of^ sales to liquidate advatic^ to Colonista. Colonlsta to be supplied with Goods at a fixed price, aud To cut and take what- ever timber they require for builaing purposes ti-ee of charge. Secretary and inferior officers, by whom to be appointed. Free Hant- lug and Fishing allowed. 24. Wherefore, the City of Amsterdam shall have proper storehouses here for the storage of the grain and other property of the Colonists, to be sold for the benefit of the same, and shall return the pro- ceeds thereof in such articles as the owners shall direct, deducting only two per cent for commission, and one-tenth of the net proceeds in payment of the disbursements made by the said City for the freight and passage of the persons and goods of the Colo- nists; and that until the aforesaid disbursements are refunded and no longer. The Colonists in New Neilierland shall be at liberty to take out of the City's warehouse whatever they may require, at the fixed price, provided the account thereof be transmitted with the Colonist's goods, in order to be deducted therefrom. 26. The Colonists may, for building houses and vessels and carrying on trade, cut as much timber as they think fit, without paying any thing therefor, not only in the nearest and most convenient forests, but also in any other places situate in the district, and under the jurisdiction of the Company in New NetJierland, and not already granted to and owned by any private person, provided they submit to the regulation in that behalf made, or hereafter to be made, as in Article 28. 27. The Burgomasters of Amsterdam, as founders and Patroons and as possessors of the jurisdiction, shall appoint the secretary, messenger, and other inferior oflBcers. 28. Hunting in the woods and fishing in all the waters and rivers, not heretofore owned by other persons, NEW NETHERLAND. 245 shall be free to each of the Colonists under certain regulations to be made respecting them, by authority of the Company or their High Mightinesses. 29. The City of Amsterdam shall provide for the trans- j[°Sifg * portation. of all tools and farming implements, free w biron"*^ o i veyed free and without paying any duty. of charge. 30. And in regard to articles which are sent as mer- fb"eto?hr chandise, they shall pay to the Directors of the West tompinyl" India Company, as duty, according to the specifica- tion in the subjoined Table. (Convoy, 8 Stivers each with }^ advance, 1 „„„„. Duty, @ 12 per cent 12. chamUae. For 100 guilders DafTelsZK pieces,...^ "^advance, fl. 1.6.8 on Mer- In N'ew Nefherland 4 per cent fl.4 light money, to wit : the rlx 13. 6 8 dollar @ 63 stivers, =^=;^= ("Convoy as above, with ad- For 100 guilders Blankets 28, -j vance, fl. 1.17. (.Duty @ 12 per cent 12. 13.17. N. B. The Duffels and blankets aforesaid, pay in addition to the convoy, a duty of 12 per cent to the said Company, Chamber at A.mslerdam. All the following goods 6 per cent, but with a heavier rate of convoy. I Shirts, stockings, shoes, I Convoy 4 stivers per pound pedlers' wares, hat.s, Nu- flemish, and J^ advance, ] renburg wares and goods ^Duty there, i per cent; here, not included in the con- 6 per cent voy list. J i. 8.S 6. f Woolen cloths, says, ser- T For 100 J ges and other silk, wool- ( Convoy with the advance, ... 1.10. guilders, I en or worsted stufis, (Duty there 4 per cent; here 6. (.linen cloths. J 7.10. For 100 i nn nnri ^tianl r J inspected warehouse in the presence of a person appointed for coiSfpanrs that purpose by the Company, and the duties due tbenuu^ to the Country and the Company must be paid ^""^ thereon. Note. — The above Conditions were ratified by the States General Conditions ratined. on the 16 August, 165G, "saving and without prejudice to the right, jurisdiction and possession of the Colonies heretofore given out in the aforesaid Countries and of the property purchased in said District ; with this understanding also, that whensoever there shall be in that place Two hundred families, or thereabouts, a Preacher and Consis- Provision ^ ' ^ for a clergy- tory shall be* installed there without any expense to the Company, man. And all this saving, also, the division of the districts which may be made among the respective Chambers." N. Y. Col. Doc. I. 637. 1658, Dec. 20 ; 1659, March 10. The Conditions were subsequently modified as follows : As Art. 9, imposed entirely too great a burthen On the City of conditions Amsterdam, it was expunged, and it was ordered that the provisiona """^^d. 248 LAWS OF Preamble. Anchorage ground ia the port of New Amster- dam. AU Vessels to load aDd unload at the pre- scribed roadstead, between the City gates uud walls. ORDINANCE Of the Director General and Council of New Netherland explaining the Ordinance of the 11 August 1656, so far as regards the Anchorage ground in the port of New Amsterdam. Passed 24 Augvst^ 1656. [N. T. Col. MSS. VIII. 151.] The Director General and Council of New Netlier- land being informed of some obscurity or diflSculty in their last published Ordinance or Edict, in the point respecting the anchoring near this City of New Amsterdam, do declare, in order to prevent all misun- derstanding, that the meaning thereof is not, that no Ships, Barks, Sloops, Ketches or Yachts should come to an anchor in the North river or Uast river, in front of this City, except at the ordained places, tide, weather and time permitting or not permitting, but that all Barks, Yachts, &c., before they discharge any Goods or Merchandises on shore, or take any on board in such Ship, Ketch, Bark, Sloop or Yacht, they shall come therewith to the ordinary and cus- remainlng in the public Store be distributed only to those who have removed thither heretofore, which being done, what remained was to be disposed of to the best advantage. Art. 22. The exemption from Tenths was to expire with the year 1678, without any exception, save those who brought their lands under cultivation before 1658, in whose favor the privilege should not continue longer than 20 years, and consequently expire as much sooner than the year 1678 as they shall have cleared their lands, before the year 1658. The exemption from Poundage, Horn and Salt money was to cease in 1668, when local taxes were to be imposed according to the situation of the lands. Arts. 23, 24. The Colonists who will have paid to this City their board and passage money, and discharged their other debts, shall be at liberty to bring into such harbors and kingdoms as they consider shaU be for their greatest advantage, their wares, products or mer- chandise raised in the Colonic, except Beavers and other Peltries; also, all other W^ares and Goods, under whatever name, which they shall destine for Netherland, the JSast or the North, to this City, to pay the public and Company's duty thereon, and generally to conduct themselves precisely agreeably to the regulation granted by the Company to the Inhabitants of New Netherland. N. Y. Col. Doc. II. 57, 60, 175. Tr. NEW NETHERLAND. 249 tomary roadstead, in front of the City, between its gates and walls, on the penalty of 25 guilders for the Penalty. first offense and 50 guilders for second offense. Thus done in Our Council holden in Fort Amster- dam, in New Netlierland, the 24 August, 1656. ORDINANCE Of the Director General and Council of New Netherland regulating the Fees payable at the Custom-house and Public Store, New Amsterdam. Passed 6 Septemler, 165C. [N. T. Col. MSS. Vni. 163 ; XVI. 82.] Wheeeas the Director General and Council oiNew Preamwo Netlierland are credibly informed, and told of general complaints respecting certain exactions affecting Commerce, which have been perpetrated hitherto, without their knowledgo, in the matter of dispatch- ing of Goods, and Laborers' wages, against which being desirous to provide, pursuant to the Order and instructions of the Hon"'*' Directors ;* Therefore the Director General and Council aforesaid do hereby Fee for a Bin of Ordain that there shall henceforth be paid for a Bill Laiiis- of Lading Of one to six hogsheads of Tobacco, 12 stivers. Of 7 to 12 hogsheads, 18 stivers. Of 13 to 24 hogsheads, . 24 stivers. Of 25 to as many as shall be shipped, ... 50 stivers. Of one to one hundred Beavers, 12 stivers. Of 100 to 200 Beavers, 18 stivers. Of 200 to as many as are shipped in one case, 30 stivers. Of one or more cases shipped by one mer- chant, 50 stivers. For a fee for one passport to Fatherland, either for one family or an individual, 20 stivers. And for the Church, 40 stivers. «- Dated 14 June, 1656. iV. Y. Col. MSS. XII. 39. 32 250 Skippers lo deliver Goods on the i'ier or shore at high water murk, near the Company's store. Fees of government Porters lor carry- ing Goods to the Com- pany'sstore. Merchants may agree with the Porters, or Employ ' their own men to remove their Kooda from the Public storo. LAWS OF In regard to the wages of the Porters, for goods and merchandise to be brought from the ships into the Company's store, the Director General and Council aforesaid do Ordain that the Sliippers shall hence- forth be bound to deliver the goods and merchandise on the Pier or shore, at high water marls:, in front of or near the Company's store, whence the sworn Por- ters shall bring them into the Company's store and receive for pay, For one pipe of Wine, 6 stivers. For one hogshead, - 5 stivers. For one aume of Wine or tun of Beer, 4 stivers. For one- half aume,:.... 3 stivers. For one anker, 2 stivers. For one case of Duflels, or any other of that size, 8 stivers. For an Eastern chest or largo trunk, 8 stivers. For a case of axes, cask of nails or kettles, 5 stivers. Other and smaller packages in proportion, at the discretion of the Fiscal or the persoii who, in his place, shall as Commissary have charge of the Public store. The Goods and Merchandise being delivered into the Store at the above rates, the Merchants may, according to the ferriage and distance of the places to which the goods must be conveyed, agree with the Porters on the best terms they can, and in case of unreasonableness, according to the decision of the Fiscal or whomsoever shall in his place in future have charge, as Commissary, of the store : Provided that no one is prevented to have his own goods re- moved from the Store by his own men or servants, with the consent and order as aforesaid. Thus done in the Assembly of the Director Gene- ral and Council holden in Fort Amsterdam in New Netlierland, the 6 September, A° 1656. NEW NETHERLAND. 251 ORDINANCE Of the Director General and Council of New Netlierland establishing a Weekly Market at New Amsterdam. Passed 13 September, 1656. [N. T. Col. MSS. Vm. 182 ; XVI. 84.] The Director General and Council of Nejv Nether- land, To all those who shall see these presents or hear them read, Greeting, make known. Whekeas divers articles, such as Beef, Pork, But- p^amwe. ter, Cheese, Turnips, Carrots, Cabbage and other Country produce are brought to this City, now and again by Farmers to be sold here, with which being come hither, they are obliged to remain a long time at the Beach with their produce, frequently to their serious loss, because the Commonalty, or at least a majority thereof, who live at a distance from the Beach, are not aware that such articles are brought lor sale, which tends not only to the inconvenience of the Burgher, but also to the serious damage of the industrious Farmer, who oftentimes loses more by his absence from home than he has gained on his produce. "Wishing to remedy this, the Director Gen- Sarteftobe eral and Council aforesaid, do herebv Ordain that tiSturd^yTn " New Am^Ur- from this time forward, a Market shall be held here nJachnca^r in this City, on every Saturday, on the Beach by or %-^°Fur-^ near the house of Mr. Hans Kiersteede,* according to which every one who hath any thing to buy or to sell shall have to regulate himself. Thus done in the Assembly of the Director Gene- ral and Council holden in Fort Amsterdam in New Netlierland, the 13 September, A° 165G. '■■' Between what are now Whitehall and Moore Streets, New York. Bee Col. De Voe's Market Book, p. 35. 252 LAWS OP ORDINANCE Soldiers to appear at drum beat fully armed ou parade. Penalty. No one to move out of the ranks, or fire bis gun, without order. renalty. Those detailed for guard to appear fulJy armed at drum beat and not Of the Director General and Council of New Netherland, for the regu- lation of the Director General's Company. Passed 20 September, 1656. [N. T. Col. MSS. ym. 194 ; XVI. 85.] The Director General, Petnis Shiyvesant, captain of his Company, observing that the last issued order, dated 7 October, 1655, regarding the appearance before the colors at beat of drum, and the posting of and remaining on guard, is not attended to and obeyed by the superior and inferior Officers as it ought to be, and as is the custom in all garrisons, therefore notifies and commands all officers and sol- diers of his Company : 1. That every person shall, on roll of the drum, pre- pare to make his appearance fully armed before the colors, and if any one shall be found absent on the third beat of the drum, he shall forfeit for the first time, if a Sergeant six guilders ; a Corporal, or Lance corporal, four guilders; a Cadet or Private soldier three guilders, and for being absent a second time he shall suffer arbitrary corporal punishment. 2. Having appeared and been placed in ranks at drum beat, as in duty bound, no one, when standing or marching, shall run or remove out of his ranks or files, or while standing or marching, discharge his gun without the special order of the Captain, Lieu- tenant or Commander of the troop, on pain of forfeit- ing one month's pay. 3. Those who have to mount guard, shall as in duty bound, appear in their proper persons at the roll of the drum fully armed, parade, and continue and remain on guard without being at liberty to send or put NEW NETHERLAND. 253 another in their stead, unless with the knowledge absent ^ themselves and consent of the Director General, the Captain, Jeavo"' Lieutenant or whomsoever may fill the place in his absence, on the penalty of half a month's wages for the penalty. first time, twice so much for the second time, and for the third time an arbitrary corporal punishment. Iiv order that this may be the better understood and obeyed, the Sergeant of the guard shall not be at %feeaT,t.^^ liberty to go out of the Fort, or from the guard ex- iSLrd no°°to cept with the previous knowledge and consent of the f^f^^j^Jj;. Director General, Captain, Lieutenant, or Ensign , ^""^ the Corporal, Lance corporal or cadet, except with the consent of the Sergeant, and no Private soldiers except with the consent of the Sergeant, or in his absence, of the Corporal, and then only in a small number 2 @ 3 at the most at one time, on the pen- alty above mentioned. 4. No man shall come drunk on guard, or when on no one to ^ come dpunk guard shall indulge in drinking, on penalty of one on'^ar'a",'^' Dollar or as much more as another shall earn, who is penalty. commanded and brought in his place to the guard by the Captain, Lieutenant or Sergeant. 5. When on parade, they shall make their appearance soMiersto parade with their hand and side arms, and the rests for their fo'^SId™"' muskets, the muskets properly loaded, as in duty '^'^'^^''■ bound. 6. Experience proving, that whenever some Soldiers Bowierg are suddenly and unexpectedly commanded on duty, SSetJ''^'^ thev then complain, and it is also often found, that SUtswelho they have neither Powder nor Ball, therefore every one is hereby notified and ordered most expressly, henceforth not to discharge his musket either within or without the Fort, except by consent of the Lieu- tenant, Ensign or in their absence, of a Sergeant, Fort with- out orders. 254 LAWS OF ■who is hereby ordered and commanded to pay strict Penalty. attention thereto, on pain of forfeiting six stivers for each shot fired without the previous linowledge and cognizance of the aforesaid OfiBcers ; but said oflQcers are ordered (unless in case of necessity occasioned Kadld" fey wetness, or by the foulness of the firearm), to charged have the musket, properly loaded with powder and once a week ' i. x t/ x sideolteide ball, discharged once a week and not oftener, and that outside the Fort, by the river side, in order to prevent accidents. 7. ?fsofmeS ^^ order the better to prevent the waste of jjowder b?e?kmtned aud ball, the superior and inferior Officers, particu- "'"s- larly the Sergeants, are ordered every evening, when going on parade, to examine the Bandeleers of those placed on guard, and if any man be found not to Penalty have lu hls Bandclcer 6 @ 8 full measures of powder for being ^^ ^ tmmZl^ and ball, he shall forfeit 12 stivers and show where the powder is left, and make payment for it. sergrant^of^ The Sergeant who hath made the parade and hath CTei?m?r™ charge of the guard, shall, every morning, when the "'^' weather is dry and suitable, exercise the Soldiers on guard with him in a proper manner, at least during one hour or for half an hour. how to be ^^^ ^°^^ ^^^^^ ^® applied, one-third to the Officer or person making the complaint, two-thirds to the benefit of the. Officers and private soldiers belonging to the Company. Thus done in Fort Amsterdam, in Neiv Netlierland, the 20 September, A° 1656. applied. NEW NETHERLAND. 255 ORDINANCE Of the Director General and Council of New Notherland regulating the rate at which Beaver is to be received in payment of Duties. Parsed 27 September, 1656. [N. Y. Col. MSS. Tin. 219 ; XYI. 89.] "Whbkbas, for a long time past, the payment of preamwe. the Export Duty, both on Peltries and Tobacco, has been very bad, and such that when the Hon " Com- pany's Eeceiver wishes to make purchases for the Company, with the same Beavers which some mer- chants are in the habit of paying to the Company, the pay is refused by others, yea, by the very same persons from whom those Beavers have been received, to the serious loss and damage both of the Company and of its Servants in this country, because some Merchants in packing, lay aside the poorest and worst Beavers for the Company, or else, in case the Com- pany or its Servants have need of any Supplies, these are charged to them in ordinary settlement fifty per cent or more than they can be obtained by others with good prepared Beaver, whereby the Company's Treasury in general is greatly wronged, and its Ser- vants seriously injured. The Director General and Council wishing to provide as much as possible for this evil, have resolved hereby to order and command their Fiscal and the provisional Eeceiver, not to Good.m-r- chan table receive for the Export duty any other pay than good, oniyi"obe whole, merchantable Beaver; in no case, any Sum- pwmem'Jf Duties, at mer skins or drielings, which are generally rejected s^guuders' and refused by the Merchants themselves ; and those "*"' at Eight guilders the Beaver for exported merchan- dise. In regard to the remitted 4 per cent, which must p*l^,^t*to be paid in Silver coin in Fatherland, the Eeceiver is sfi?er*or"m good Beaver ordered to receive it in Silver coin, at the rate it is «o senders current in our Fatherland, or in good Beavers, the 256 LAWS OF °tMpfr?^t ^^aver reckoned no higher than six guilders, or in thc''imty.°° goods, in case the Company have need of them, at 50 per cent advance on the duty, as the Company is in the habit of vending these to its Servants; and in case there be an odd amount, and that the sum is more or less than one Beaver, the payer shall be allowed to pay what is less than half a Beaver in how to be silver coin, or whole well strung Wampum, according ""■?• to its value here; for what exceeds half a Beaver, one whole Beaver shall be paid to the Eeceiver, pro- vided he return to the payer the overplus in like coin or Wampum. Half In order to prevent further disputes about half Beavers or *■ smau pieces Beavers or small pieces, the Director General and Mco'rttag Council order that those which are now given usually Weight. for jiaif Beavers, and create many difficulties, and all other pieces that cannot pass for good whole Beavers, shall not be entered or even received by the piece, but by weight, the pound calculated at — guilders. Done at the Council holden in Fort Amsterdam, in Neiv Netherland, the 27 September, A" 1656. NEW NETHERLAND. 257 ORDINANCE Of the Vice-director General and Commissaries of Port Orange for the sweeping of Chimneys. Passed 24 October, 165G. [N. T. Col. MSS. XATI. part li. 16.] Whereas daily experience teaches us, that in con- Preamwe. sequence of the foul and unswept condition of the Chimneys, they often take fire, and generally the houses also ; yea, frequently, the neighboring Build- ings -when covered with easily ignitil^e materials, whereby great damage is done not only to houses and goods, but — sad spectacle! — to people also; There- fore, the Vice-Director and Commissaries of this Court, in consideration of their office and duty, wish- ing to provide according to their ability against such accidents, do hereby Order all Burghers and Inhabit- ants of Fort Orange and the Village of Beverwych, ^^^^^ and each one in particular, to keep the Chimneys of SfSS?^*** , 1 . . , /. .1 r> ^^^ kept their respective houses clean and out of danger of ^leau. fire, under the penalty of One pound Flemish for Penalty, every Chimney Tchich shall be found dirty and so declared 15 days after the publication hereof. Done in Fort Orange, the 24 October, A° 1656. (Signed,) La Montagne, Rutger Jacdbsen, Anderies Serlertsen. 33 258 LAWS OF ORDINAISTCE Of the Director General and Council of New Netherland renewing and amending the Ordinances for the due observance of the Sabbatli ; against furnishing Liquor to Indians, or exporting Liquors without a permit, and for establishing an Assize of Bread and regulating the trade of Baking. Passed 26 October, 1656. [N. T. Col. MSS. Vm. 248 ; XVI. 91.] The Director General and Council of New Nether- land, To all those -who hear or see these Presents read, Greeting, make known. Preamble. That it is fouud by daily and sad experience, that the previously issued and frequently renewed Ordi- nances and Edicts against the desecration of the Lord's Sabbath ; the unseasonable Tapping on that day and at night after the posting of the guard or the ringing of the bell ; the very dangerous, yea damna- ble, sale or bestowal of Wine, Beer, and distilled Liquors *; and the baking and sale, as well of coarse as of small or white Bread, are, to the dishonor of God, to the serious damage, loss and disturbance of the peace and quiet of the Inhabitants, and to the gross contempt of the authority and quality of the Supe- rior and Inferior Magistrates of this Province, neither regarded, observed, maintained nor even enforced according to the good meaning of the Director Gen- eral and Council, and as necessity clearly requires ; Therefore, the Director and Council aforesaid, wish- ing, in virtue of their office, and prompted by duty and necessity, to provide herein, do renew and enlarge their previously enacted Ordinances and Edicts, and hereby interdict and forbid, Ordinary Flrst, all oersous from performing or doing on the labor on the i i- . Jr o o prowbTtia Lord's day of rest, by us called Sunday, any ordinary labor, such as Ploughing, Sowing, Mowing, Building, '-i'i. e., to Indians. Tb. NEW NETHERLAND. , 259 Woodsawing, Smithing, Bleaching, Hunting, Fish- ing, or any other work which may be lawful on other days, on pain of forfeiting One pound Fleniish for Penalty. each person ; much less any lower or unlawful exer- cise and Amusement, Drunkenness, frequenting m^n^!' Taverns or Tippling houses, Dancing, playing r^^^^'^^J'^ Ball, Cards, Tricktrack, Tennis, Cricket or Ninepins, Nmepma, going on pleasure parties in a Boat, Car or Wagon ureparues, before, between or during Divine Service, oa pain of a double fine ; especially, all Tavern keepers, or Tapsters from entertaining any Clubs or tapping, |f»jfg^ bestowing, giving or selling directly or indirectly t"'hrf^^' any Brandy, Wine, Beer, or Strong Liquor to any gj^^^"^ person before, between or during the Sermons, under fo,S4n. a fine of six guilders, to be forfeited by the Tavern- penalty. keeper or Tapster for each person, and three guilders by every jjerson found drinking at the time aforesaid. In like manner, Tavern keepers or Tapsters shall kMp"r"not , , , , , . , to i-*ntertain not accommodate or entertain any company, or tap, ^5"|^^„o^t^^" sell or give any Wine, Beer, distilled Liquors or rhl'pisVml waters to any i)erson at night, on Sundays or on orrm'gfnlor other days, after the posting of the guard or ringing of the bell, on the same penalty ; the domestic guest, persons appointed on public business with the con- f^^%^° sent and by order of the Magistrates, alone excepted. peSs^n public Secondly, with regard to the very dangerous, ""smesa. injurious and damnable sale, bestowal and giving of Wine, Beer or distilled Liquors to the Indians or Natives of this Country, from which almost as many mischiefs proceed, or at least are threatened and apprehended, as there are drunken Savages, the Laws against Director General and Council aforesaid, renewing fSto and enlarging their previously published Edicts, do iL'^yei. hereby Order and command, that- no person, of what quality or profession he may be, shall sell, trade to, No^Liqnor bestow, give, furnish or carry or allow to be carried, fnSans '" to or for any Indians, in or out of the house, by laud 260 LAWS OF Penalty of 600 guilders ani cor- poral pun- ishment and banish- ment from the Pro- vince. Persons privy to eucii Sales and not inlbrming against those who violate this law, to pay hall the fine. Peddling Liquor along Rivers' prohibited Masters of Vessels, (fee, to enter and take out a Eermlt for iquors which they receive on board. or water, from Yachts, Barks, Boats, or Canoes, Carts or Wagons, by what name soever such vehicles may be called, either directly or indirectly, any Beer, Wine, distilled Spirits or Liquors, under a penalty of Five hundred guilders, and in addition to be arbitra- rily punished on the body, and banished from the country. And in order that the same may be discov- ered, for the better promotion and maintenance of the public peace and quiet, between the good Inhab- itants of this Province and the Barbarians, all supe- rior and inferior oflQcers, free or hired servants of the company, and Inhabitants of this Province are, by their oifice and fealty, exhorted, required and com- manded to aid in preventing, discovering and giving information of such most dangerous and damnable sale or bestowal of Wine, Beer, or distilled Spirits, or, failing therein, to pay half the fine in case it after- ward appear, or become known, that they were privy to, or had not informed of, such sale, gift or present of Wine, Beer, or distilled Spirits to any Indians. Further, the said Director General and Council, being credibly informed and told, that Wine, Beer and distilled Liquors, are peddled and retailed up and along the Elvers, from up-going and return- ing Yachts, Barks, Boats, Ships and Canoes, do hereby not only interdict and forbid such peddling and retailing, but Ordain, enact and command that no Skippers, Sloop owners, Oanoemen or Boatmen, or any other free or bound Inhabitants, of what name, nation, quality or business they may be, shall from this time forth, either for themselves or for others, embark, load, take with them, in any Bark, Yacht, Boat, Canoe, or any other vessel, any Wine, Beer, distilled Liquors or Spirits in large or small casks, or even in Cans, Jugs or Demijohns, without having first entered the correct quantity with the NEW NETHERLAND. 261 OfiScer of the place where the Wine, Beer or distilled Spirits, in large or small quantities, are embarked, shipped or loaded, and received from the Officer a certificate or permit, on -which shall appear the quan- tity and quality of casks and other measure of the Wine, Beer or distilled Liquors to be taken along, for -whom shipped, and to whom consigned, and shall bring back a proper certificate or proof of the deliv- ery to such person, signed by the Officer and the Eeceiver thereof at the place of delivery; and all penalty. that on pain of forfeiting the concealed Wine, Beer or distilled Liquors, and a fine of Five hundred guil- ders for the first time, and forfeiting in addition, for the second offense, the Bark, Yacht, Boat or Canoe. Thirdly, in regard to the baking and selling of Eeguiation coarse and white Bread, neither of lawful weight nor ^^'^i "^ at the fixed price, the Director General and Council renewing and enlarging the previously published Order on that subject, do hereby Ordain and com- mand that all Bakers and all other Inhabitants who make a business of baking or selling Bread, whether for Christians or Barbarians, shall be obliged, as well ^i^^ll^ for the accommodation of Christians as to derive weet"^^ jjrofit thereby from Indians, to bake at least once or twice a week both coarse and white Bread, as well for Christians as Indians, of the stated weight and at the price, as follows : The Coarse loaf shall weigh The double, 8 lbs., and cost 14 stivers. weight . and price The single, 4 lbs., and cost 7 stivers. BrSd-'^ The half, 2 lbs., and cost 3J stivers. « The White loaf shall weigh The double, 2 lbs., and cost 8 stivers. greTi"® The single, 1 lb., and cost 4 stivers. The half, i lb., and cost 2 stivers. 262 LAWS OF Bread short of the prescribed weifrlit or Slid higlicr than the le^al price to be 3'or;eit, and the Baker fined. Silted Bran hot to be mixed with Coar.-e Bread. Local Courts to liave inspection 01' Bread. Bakers and Tapstera to be licensed, quarterly. Fee for. License. All Bread found to be of a less weight or sold at a higher price, without the previous kuowledge, order and consent of the Inferior Court, shall be forfeit, and there shall be paid in addition a fine of Twenty-five pounds Flemish for the first time; for the second time, double as much, and for the third time, Six hundred guilders, and the trade be abso- lutely prohibited [the ofl'ender]. Farther, no Bakers or persons who make a busi- ness of selling coarse or white Bread to Christians or Indians, shall be allowed to mix any sifted bran either wholly or in part with the coarse Bread, but bake the coarse Bread as the flour comes from the Mill ; or to make any other sort of coarse or white Bread either for Indians or Christians, than is hereinbefore specified, on the penalty as aforesaid. The inspec- tion thereof remains subject to the respective Courts, each within its jurisdiction, and those whom, as better judges of Bread, they shall adjoin to them- selves. Fourthly, the Director General and Council, being further informed, and duly considering, that frauds can creep in, both in the matter of tapping and baking, for the concealment whereof excuses may be set up and invented, because no Guild or association is hitherto known ; to prevent such, as much as possi- ble, the Director General and Council Ordain and command that, from this time forward, no person shall make any profession of Baking or Tapping, unless he first apply to the Court in the respective jurisdiction and receive from it, or its Agent, a License for that business, which all Tavern keepers and Bakers shall renew every quarter of a year com- mencing the first of November next, and pay for it each lime One pound Flemish for the benefit of the respective Court, on pain of suspension of his busi- ness for notorious and obstinate neglect. NEW NETHERLAND. 263 The Fines aud Amercements above specified are to Ji'j^thia be applied one-thii-d for the Officer who shall enter b'eappu^'.'' the complaint; one-third for the Church or the Poor; one-third for the public benefit. In order that all this may be the better known, practiced and obeyed, and that no one i)retend ignorance hereafter on this subject, the . Director General and Council do hereby Ordain and com- mand that these presents shall be published and posted everywhere that it is customary to have publication made, and that after publication they be observed and executed without any favor, affec- tion, simulation or respect of persons, as we find such to be for the public service and for the better and greater peace of the good Inhabitants. Thus done, renewed and enlarged in the Assembly of the Director General and Council of New Netlier- lancl the 26 October, IGoG. ORDINANCE Of the Director General and Council of New Netherland further regu- lating the Excise in New Amsterdam. Passed 25 Nuvember, 1G56. [N. T. Col. MSS. VIII. 281.] It is, on the proposal of the Schout, Burgomasters and Schepens, advised and, until there be a larger number of the ordinary Councillors, also provision- ally Ordained, that when the Schout, Burgomasters and Schepens rent out the Burgher Excise on Wine aud Beer, with the approbation of the Director Gene- ral and Council, agreeably to the Custom and Order of Fatherland, the Ordinances and Eegulations on }f^^^^ that subject enacted by the Supreme Government of in'reKard?o - , . , the K.xciae our Fatherland* ought consequently be likewise put in ^2,ZZdam. practice and observed here as far as possible : There- fore we resolve and Ordain by form of Explanation, * See Ordinance of the states, enacted in 1019. Ai-ticle 34. Tr. 264 LAWS OF Brewers to pay 20 Slivers on each Brew- ing. 1. TLat all persons iu, or wlthiQ the jurisdiction of, this City, wbo make a business of Brewing, shall, pursuant to the Ordinance, pay to the Farmer twenty stivers for each brewing, whether of strong or small Beer. Beer not to be removed from the Brewery without a permit from the Farmer of the Kxcise. Fee for permit. In order to prevent frauds and Smuggling, we resolve and Ordain, that no Brewers shall remove any casks of Beer from the brewery, or lay them in their own, or in other people's Houses or Cellars, without first having given notice thereof to the Far- mer, and received from the Farmer, or his Collector, a permit or license therefor, whereupon must appear the quantity of the Beer which the Brewer intends to remove on his or their account, for which permit six stivers shall be paid for the behoof of thS* Farmer, the Brewer remaining bound to submit to the gaug- ing, and to the fine in case of fraud. It is true that the general Ordinance discriminates between Brewers and wholesale Beer merchants, which distinction does not as yet exist here, because Breweraand thc Brcwcrs themsclves, delivering the Beer by the Ketailers of i o j whole, half or quarter cask, are to be considered both as Brewers and wholesale Beer merchants ; therefore it is resolved and provisionally Ordained, that the Brewers and retailers of Beer shall agree with the Farmer respecting their own consumption, or else pay to the Farmer or his Collector, pursuant to the Ordinance, eight stivers per month for the drink of each person over 12 years of age. Beer to pay 8 ytivers a month for what Beer each mem- ber of the family con- Games. Brewers who have refused to allow gaug- 4. In regard to the demand against the Brewers, who thus far have refused to submit to the gauging, the claim of the Farmer is for the present, denied ; pro- NEW NETHERLAND. 265 Tided, nevertheless, that the contumacious Brewer '^"f,^"''^^,,^ shall present to the Church a decent fine, and that ciiur'ju; aud the Farmer, after the publicatioa and promulgation hereof, shall receive as an indemnitv for his claim Hereafter •- 12 Stivers and to prevent further complaints, the legal Burgher S^cSe.""' excise, according to the lease, Twelve stivers each consecutive month. 5. Whereas, by the terms of the lease, the Excise on Anper- " • sons to pay Wiue and Beer is imposed on all without distinction, Excise, "ut as well the Company's servants as Freemen, in order to prevent further claims, it is declared and Ordained S'ay to™" that the same shall continue in force, provided that wuh^the ■^ Company's the Farmer shall amicably agree with the servants s"™""^- of the Company ; the Company, and what is laid in "n-e com- or sent away on its account, only excepted. iScile? Thus advised and provisionally Ordained by the Hon"^ Director General, this 25 November, A° 1656, in Amsterdam, in Neiv Netherland. (Signed,) " P. STUYVESAIfT. By order of the Director General of New Nether- land, Curacao, &c. (Signed,) Coenelis va^i Eutven, Secretary. 34 266 LAWS OF ORDINANCE Preamble. Plantations and LotA on the South river to be fenncd within three months. Penalty. Overseera to enforce Of tne Vice-director of Fort Casimir providing for the Fencing of Lands tliere. Passed 27 November, 1656. [N. Y. Col. MSS. XVm. 23.] Whereas heretofore many and repeated com- plaints have been made of the damage done to the Lands lying near Fort Casimir, which is caused prin- cipally by the want of good Fences with which the Plantations and lots are not sufiBciently provided ; also, that some Plantations and lots are lying open, the proprietors whereof are non-residents, and such cannot be inclosed, likewise others have taken up more land than they can cultivate; and, Whereas, this being seen, still worse is to be apprehended if provis- ion be not made in the premises : Therefore the Hon'"^ Vice-Director Jaqiiet wishing to provide there- for, in order to prevent further coqaplaints, hath Ordained as he doth hereby Ordain, that all and every who have any Plantations or Lots shall be notified to protect the same within the time of the three next months, being the last of February, with a good sub- stantial Fence, and whosoever is found negligent, after the expiration of the time aforesaid, shall forfeit the sum of fl.lO, for the first time, and if, notwith- standing, he remain in default for the space of seven days after date, he shall forfeit the sum of Twenty guilders, and, after the lapse of seven days more, still remaining in default, he, being considered of an obstinate disposition, shall be deprived forever of his lands, which shall be at the disposal of the Hou"^ Company, to distribute to others. And this Ordi- nance shall be strictly obeyed and executed, so that complaints may [cease] and every one pursue his occupation without let or hinderance, to which end the public Overseers thereunto elected are expressly NEW NETHERLAND. 267 CQiimanded to pay particular attention to tLe same, on the penalty of a double fine if tliey be neglectful, f^^^lf^^ as this is found to be for the public good. of duty. Thus done and enacted in Fort Casimir, on the South river of New Netherland, this 27 November of this year, 1656. ORDINANCE Of the Vice-director of Fort Casimir for the Inspection of Tobacco at the South river. Passed 12 December, 1656. [N. T. Col. MSS. znn. 23.] Whebbas it is seen that this Eiver is, on account preamwe. of its Tobacco, about to become in good repute, and People are encouraged to settle down here, if good care ■were taken that the Tobacco be packed in as sound a condition as possible, and all fraud which might be therein used, as much as possible prevented; And whereas this cannot be effected unless attention be paid thereto, and it be first inspected before it be sent off or exported; And whereas fit and faithful persons are required for that purpose : Therefore the Hon*"® Vice-Director Jaquet, upon i)revious nomination by the Commonalty, hath authorized and qualified the Jj^p^Jj;^^ persons of Moenes Andriess and William Mouritz, gSuufnvet whose duty it shall be to inspect all Tobacco before ^^^""^ it will be delivered or exported, and certify for whom it is inspected, and who hath delivered it; and if it happen, as probably it will, that some will not sub- mit to the Inspection aforesaid, as they consider themselves sufficiently competent for that purpose, and such conduct cannot have any other effect than greatly to prejudice good order; Therefore, the Hon*"' Vice-Director Jaquet, being desirous to prevent all disorder, and following, in this regard, the good Ordi- nance enacted at the Manaliatis, doth hereby Ordain, 268 LAWS OF not'wb'e order and command all Inhabitants residing on t^i^c S^'eipSted Eiver here, that they from this time forth, shall not unless iuapected attempt to deliver, or receive, much less to export, any Tobacco, unless they previously obtain a certifi- cate of the sworn Inspectors; ten stivers for each hundred lbs. of inspected Tobacco, to be paid six stivers by the receiver, and four stivers by the deliv- erer; and all this on the penalty of Fifty guilders for the first time, and in proportion for the second and third time, and the Informer shall receive Twenty guilders, and his name shall be concealed. Every one hath to regulate himself accordingly. Thus done and enacted at Fort Casimir, in the South Eiver of New Netherland, this 12 December. Fee for iu^peccion. Penalty. ORDINANCE Charter ot New Anviterdam enlarged. City Court to pass Bentence of Branding and Whip- ping in cer- tain cases. Eight of Appeal reserved. City Court to execute Bentence if confirmed. Of the Director General and Council of New Netherland enlarging the jurisdiction of the Court of New Amsterdam. Passed 21 Decemher, 165G. [N. T. Col. MSS. Vin. 300.] The Director General and Council of New Nether- land, in amplification of the Instruction given and granted to the Schout, Burgomasters and Schepens of the City of Amsterdam in New Netherland, do permit and authorize the aforesaid Court to pass sentence, to the extent of Branding and Whipping inclusive, in all cases of Misdemeanor and Criminal offenses of a minor character, and execute the same, unless the person condemned appeal therefrom, -which he shall be bound to do within the space of four and twenty hours after the sentence is pronounced, and, in case, after the revision of the proceedings, the sentence pronounced by the Court aforesaid is confirmed by the Director General and Council, or any alteration made therein, the same shall be put in execution NEW NETHERLAND. 269 on the prisoner by the Schout, Burgomasters and Schepens. Thus done and enlarged in the Assembly of the Director General and Council, holden in Fort Amster- dam in New Netherland, the 21 December, 1G56. AETICLES Am ORDIMNCES Revised and enacted by the Eight Honorable the Lords Burgomasters of the City of Amsterdam, according to which, shall be engaged and sworn all those who shall hereafter enter the service of the Lords Burgomasters of the City of Amsterdam, for the purpose of going with their own, or chartered ships to New Netherland and the limits of the West India Company's Grant, pursuant to the Agreement entered into with it, and approved of by the High and Mighty Lords States General of the United Netherlands. Also those who shall happen to transport themselves thither as Colonists and other Free persons. All which, the above mentioned Lords States General and the Lords Burgomasters of the aforesaid City, ordain and command shall be obeyed, maintained, respected during the aforesaid journey both by water and on land, by all and every of the crew of the Ships which are equipped, sent, and fitted out to New Netherland, and generally by all th»se who shall repair to the Country aforesaid as Servants or as Colonists, and other Free persons as aforesaid. Passed December , 1656. [N. Y. Col. MSS. XVm. 24.] First Title. Of the Magistrates, their authority, and what oledienne every one owes. let. All ships' Officers and Seamen shall be bound seamen to to be faithful to, and in all things to obey the orders t'^}^^^' of, their Skippers ; the soldiers of their Captains or Bowiew other officers that shall be set over them, either on captams. water or on land, without in any manner being refractory. 270 LAWS OF Skippers to have com- mand of the crew and ship, Board to administer justice oa the Voyage. Of whom to be com- posed. Their juris- diction. Officers to go the rounds of the ship fre^p«°d«'»- Netherland, it is resolved to suspend the aforesaid OrdiJiance for the present, until the "Wampum be somewhat reduced in quantity. Done, Amsterdam in New Netherland, the 9 Jan- uary, A" 1657. ORDINANCE Of the Vice-director of Fort Casimir for the removal of Abuses in the Indian Trade at the South Eiver. Passed 10 January, 1657. [T. N. Col. MSS. XVm.. 23.] The Hon"'® Vice Director Jaquet, seeing and i*r«amwe. remarliing the great Irregularities and Abuses here daily committed by some Inhabitants residing near and around Fort Casimir, in running after, going to meet, and seizing the Indians, principally whenever they have any Goods with them, for which reason the trade in some Peltries is greatly enhanced to the serious lass of the Commonalty, and worse is yet expected; in like manner also the Ordinances already enacted on the subject of the Trade are again by such conduct nullified and broken, and the good design for the prosperity of the Commonalty again brought to naught. Therefore, the aforesaid Mr. Jaquet, aiming at the public peace and the welfare of the people here, and as much as possible to prevent all disorder, hath interdicted and for- bidden as he doth hereby interdict and forbid, all and every the Inhabitants residing on this South river inhabitants •' * of the Soum be they who they may, from attempting to repair to p'ToThV the residence or resort of the Indians or Natives cSul?t?yto trade, or of this Country, or to go either up the Eiver or down fSS?"" the Eiver, or to the Minquas or elsewhere, whereso- vw^.^F -* Casimir ever it may be; or to go to meet the Indians coming ^^^'^ 294 LAWS OF • by water or by land here or elsewhere by the bouses of Christians, t?) lay hold of them or to call them in, but to' allow said Indians free passage wherever they Penalty. may please to go with their goods, and that on the forfeiture, for the contra veners of the Peltries, so traded, and in addition to be arbitrarily corrected at the discretion of the Judge. Thus done and enacted in Fort Casimir, on the day and year aforesaid. ORDINANCE Of the Director General and Council of New ITetherland for the Fencing of private Lands, and authorizing the cutting of Firewood and Timber on unfenoed Lands. Passed IG January, 1657. [N. T. Col. MSS. Vni. 411 ; XVI. 101.] The Director General and Council of New Netlier- land, To all those who shall see or hear these Presents read, Greeting, make known. Preamble Whbreas mauy complaiuts have lately been pre- sented to us of the chopping of Firewood and cutting of Timber on lands claimed by divers of our Inhabit- ants in virtue of Patents, the principal reason and cause of which are that many land-graspiug Inhabit- ants of this Province have received, several years ago, many and large tracts of laud on Letters patent from the Director General and Council, on the express con- dition to cultivate and improve them, which lands many Inhabitants have, for several years, allowed to lie, and which still lie unfenced, unimproved, yea, wild and waste, without making any improvement or bestowing any labor upon them, merely claiming and retaining them by virtue of the obtained Letters patent. Not only is the Hon"® Company defrauded and curtailed in its Eeveuue, and the settlement of NEW NETHERLAND. 295 the Country delayed and postponed hereby, but some of our Inhabitants who seek to earn an honest liveli hood for themselves by chopping and cutting Fire- wood and Timbei:, are frequently prevented and hindered in their design by those who, in virtue of Letters patent, lay claim to such lands without improving and cultivating them, whence many quar- rels and disputes have, at divers times and places, arisen between Inhabitants and Inhabitants. In order to prevent this as much as possible, the ^jjf£'^^ Director General and Council aforesaid do, therefore, *°""'^ again Ordain and Command that all those who, in virtue of Patents or Deeds, claim any Lands, shall properly set off and fence them in, so that the Direc- tor General and Council as well as the Inhabitants may know and see what lands have been granted and what remain still to be granted. And the Director General and Council aforesaid do fi'lig|^°°» hereby declare and Ordain that none of our good wpo'dSd^ Inhabitants shall be hindered or prevented to chop ^^^ Firewood or cut Timber on unfenced Lands, where- ever it shall best suit the convenience of the Inhabit- ants, on pain of legal proceedings being instituted against those who will have hindered or prevented the same. Done at Fort Amsterdam in New Netlierland the 16 January, A" 1657. 296 LAWS OF OR-DINANCE No person to keep Tavern or Alebouse Without giving notice to the author- ities, Entering his Stock, and Paying the SxclBe. Of the Director General and Council of New Netherland obliging Tavernlieepers to take out Licenses, arid to pay Excise. Passed 23 January, 1657. [N. T. Col. MSS. Yin. 425 ; XVI, 103.] The Director General and Council of Neiv Nether- land, To all those who shall see or hear these Presents read, Greeting, make known. That they are informed and told that divers per- sons, as well within the City as on the Flatland in the villages and hamlets of this Province, undertake and presume to open Taverns, Alehouses and to sell Beer and Wine by the small measure and to continue so to do without having applied for, or received any License from us or from those by us authorized, which is contrary to the good order and police of our Fatherland. Beside that, such Tavernkeepers, Tapsters and Eetailers of Wine, Beer and distilled Liquors are opposed to, and refused to pay and satisfy the usual Excise imposed on the consumption of Wine and Beer. In order to prevent this, the Director General and OouncU of New Netherland do hereby Ordain that no person within this Province shall attempt to keep any Tavern, Alehouse or retail any Beer, Wine, Brandy or distilled Liquors by the small measure, before and until he hath applied to and notified the Director General and Council, or their deputies, to wit, the subaltern court of the Village to which he is subject, and, in addition, hath entered with the Farmer or his collector the Beer, Wine, distilled Spirits or Liquors to be laid in and consumed by him, and thereon paid, for the behoof of the public, the usual Excise imposed thereon by the Director General and Council and publicly let to the highest NEW NETHERLAND. 297 bidder, whereof Warnacr Wessels is the Farmer for the current year, and Jan Theunissen is, with the consent and approbation of the said Director General and Council, his Collector for the town of Flushing on pain of forfeiting the Wine, Beer, Brandy or distilled Liquors and five times the value thereof in Penalty. case any Tavernkeepers, Tapsters or retailers are found to have smuggled or laid in any Beer, Wine, Brandy or distilled Liquors without entry or Excise permit, and 25 guilders additional, for the first ofiense, to be forfeited by those who attempt tapping or retailing of Wine, Beer or distilled Liquors by the small measure without having demanded and received a Permit or a License therefor from the Director General and Council or their qualified sub- altern Magistrates : the fine to be applied one-third rmea, how ^ •*■-*- to be dls- for the Officer who shall make the complaint, one- '^'""'e'l- third for the Farmer [of the Excise] and one-third for the public. Thus done in the Assembly of the Director General and Council holden in Fort Amsterdam in New Neth- erland, the 23 January, A° 1657. 38 298 LAWS OP ORDINANCE Of the Director General and Council of New Netherland establishing Great and Small Burgherright in New Amsterdam. Passed 30 Jan- uary 1057. [N. T. Col. MSS. Vin. 437.] Preamble. The Dircctor General and Council of New Nether- land liaving taken into consideration the exhibit of the Burgomasters and Schepens of this City of Neiv Am- sterdam in New Netherland, wherein they remonstrate on the one hand the trouble, labor, burthens, expedi- tions and watchings which the Burghers of that City have supported, borne and sustained in the last national quarrel with the neighbors ; also in the sad and unexpected rencounter with the Natives, and what they, as the principal Frontier and Capital are exposed to more than others ; on the other hand, the repeat- edly made complaints of the Burghers and of other Inhabitants of this Province against the trading and traflScking of the Scotch, who go hither and thither by water into the interior, even to the best trading places, taking as it were the bread out of the mouths of the Burghers and resident Inhabitants, without being subject, like the Burghers and settled Inhabitants, in time of peace or war, to any trouble, expense, labor, expeditions or watches, except that, in time of peace they carry oif the profits, and in time of war desert the Country and its Inhabitants, against which the Burgomasters and Schepens request some more exten- sive favor, privilege and freedom. The Director General and Council of New Nether- land, having taken the premises into serious con- sideration, being sufiiciently informed by their own experience of the truth and justice of the case, have, on the petition of the Burgomasters and Schepens, with the approbation and ratification of the Lords Patroons, and by their advice and Instructions dated Burgher ri^bt. NEW" NETHERLAND. 299 12 March, 1654,* provisionally condescended, apos- tilled, privileged and granted that from now hence- l^r^'^'^g'^^"* forth the Scotch and Traders who come over, shall, by virtue of the Stapleright and pursuant to the Orders and Instructions of the Lords Patroons, be bound to set np and keep in a house or room hired ^^J;,^,?p or owned by them, an open Store within the gates AZ%'rdam and take and walls of this Oity, before selling or removing ^^Ji^^f^ their Goods and Merchandises, and to ask previously of the Burgomasters and Schepens aforesaid, for the Common or Small Burgherright, to enable them so to do, for which they shall pay once Twenty guilders for the behoof of this Oity and the support thereof. In like manner, also, in virtue hereof, the Burgomas- -;; «' 'With regard to the Edict drawn up by you*, that no Traders shall sell their Merchandises by the small measure, weight and ell, or con- vey them into the interior, unless they settle in the country with a decent house or bouwery, and reside there three consecutive years, we can well consider that such transient Traders are bringing by their extortion little profit to the Inhabitants there ; but the remedy your Honors propose to prevent it, we judge to bo impracticable, especially in the very beginning of a first-budding State, whose growth must be sought for in, and founded rather on, fostered and unlimited Freedoms, than on compulsory restrictions. For, to desire to constrain people by obligation to possess houses or lands, who often have there- unto neither opportvmity nor inclination, is too disgusting, and to force them to reside, too servile and slavish, yet, in order to benefit the Inhabitants as much as possible, we have judged that it would be proper and also less dangerous to the advancement of the State, to enact and resolve as follows, viz. ; That henceforth no Traders coming over there, shall be allowed to sell their Goods as aforesaid, or to carry them inland, unless they keep an open store there. By this means then, not only will extor- tions be in a great degree prevented there, but such Traders will also be obliged to bear the ordinary and extraordinary Taxes and con- tributions, the same as the rest of our Inhabitants. Your Honors will therefore regulate yourselves accordingly. We will, also, warn you, before quitting this subject, not to enact, in future, any more such or similar Ordinances or regulations, much less to publish them, before you shall have first received our Instructions thereon, as we find such to be for the greatest advantage of the Company and this State in particular. Directors to Stuyvesant, &o., 12 March, 1654. N. Y. Col. MSS. XII. 1. Te. * See Law of 18 September, 1618, supra, p. 101. 300 LAWS OF No trans- ient per- son to carry on any trade or business, except they procure Small Burfcher- right and take cer- tain oatbs. Burgo- masters and Schepens to establish Great Bar- gherright. Fee for Great Bur- gherright. Privileges of the Great Burgher- right, Power to enlarge and Interpret tbis Law reserved ters and Schepens are granted that, from this time forward, no Passengers, Scotch, Traders or Handi- craftsmen shall be privileged to pursue, within this City, any store business or handicraft trade, except those who have applied to and received from the Burgomasters and Schepens the Small or Common Burgherright, and bound themselves by subscription or promise of oath, to the Supreme government of the Director General and Council, to bear, during their stay here in the City, their Taxes, Expeditions and Watches, like other Burghers and Citizens. Further, agreeably to the laudable custom of the City of Amsterdam, in Europe, the Director General and Council of New Netherland give and grant, with the approval and ratification as aforesaid, to the Bur- gomasters and Schepens of this City, the establish- ment of a Great Burgherright, for which those who request to be therein shall pay 50 guilders. And all such, and such only, are in future qualified to fill all civil offices and dignities within this City, and accordingly they can be brought up for nomination ; Secondly, are exempt for one year and six weeks from guard duty and expeditions; Thirdly, they are not subject to arrest by any subaltern Judges or Courts of this Province. The Director General and Council reserve to them- selves the further amplification and the interpretation of any obscurity or misunderstanding hereof. Thus done in Council in Fort Amsterdam in New Netherland, the 30 January, 1657. P. Stuyvesant, Nicasius de Sille, Pieter Tonneman. NEW NETHERLAND. 301 ORDINANCE Of the Director G-eneral and Council of New Netherland declaring who may be admitted Great and Small Burghers. Passed 2 Febru- ary, 1657. [N. Y. Col. MSS. Vin. 442: XYl. 105.] The" Director General and Council of New Nether- land, To all tliose who see these presents or hear them read, Greeting, make known. That they, out of consideration of the good and preamwe. voluntary services, expeditions, watches and other burthens, which the Burghers have hitherto done and borne, and in the hope and confidence which the Director General and Council still indulge, of their continuance and perseverance therein, have, on the humble petition of the Burgomasters and Schepens, privileged and favored the Burghers and good Inhab- itants of this City, with a Great and Small Burgher- right, as can be more fully seen by the grant of privi- lege made to the Burgomasters and Schepens, in amplification of that already bestowed ; And whereas, in all beginnings, something or somebody must be the first, so that thereafter a distinction and difference may be made, therefore, also, the necessity of such distinction being founded on reason, in the establish- ment of the Great and Small Burgherright, whereof the Burgomasters and Schepens have, by petition to the Director General and Council, requested further explanation, specification and distinction as to who,, and what class are, for the present, to be included in the Great, as well as in the Small, Burgherright, the Director General and Council of New Netherland, invest, qualify, and favor with the Gkeat Burgher- right, First, thfise who have been, and at present are m lormer and actual the High or Supreme government of the Country, JSeGw?™- them and their descendants in the male line. "^°*' 302 LAWS OF Former mid actual Burgomas- ters and Kchepens, Former and actual Ministers of the Gospel, Officers of the City Hegiment, and their male des- condants; also, All others who shall pay the Bum of Fifty guilders, are entitled to the Great Burgher- right. Those who keep fireand light In the Cityl year and 6 weeks, All Natives of the City, Husbands of Native born daughters of Burghers, and All who keep a shop and carry on business In the City of New Amsterdam and pay Secondly, all former and actual Burgomasters and Schepens of this City, their descendants in the male line. Thirdly, the Ministers of the Gospel, formerly and at present in office, them and their descendants in the male line. Fourthly, the commissioned officers to the Ensign inclusive, of the City regiment, them and their descendants in the male line. All "with this under- standing, that the above mentioned gentlemen and persons, for themselves or their descendants in the male line, have not lost nor forfeited Burgherrighfc by absence from the City and by not keeping fire and light ; agreeably to the laudable custom of the City of Amsterdam in Europe. Further, all others who desire and are inclined, or hereafter may be desirous and inclined, to be enrolled in the Great Burgherright, and to enjoy the privileges and benefits thereof, shall, according to the forego- ing grant, apply for the same to the Burgomasters and receive it, on paying therefor the sum of Fifty guilders, Dutch money, or the equivalent thereof. With the Small Burgherright are invested and favored, First, all those who have resided and kept fire and light within the City one year and six weeks. Secondly, all born within this City. Thirdly, all who have married, or may hereafter marry, native born daughters of Burghers, provided that the Burgherright be not lost or forfeited by absence from this City, or by not keeping fire and light in conformity as aforesaid. Further, all others who either now or hereafter will keep any shop, however it may be called, and carry on business within this City or the jurisdiction thereof, shall be bound to apply to the Burgomasters NEW NETHERLAND. 303 for the Small Burgherright, and pay fherefor Twenty ^yfj^^'y guilders Dutch money, or the equivalent thereof. ImaifsSr All Servants of the Hon"'" Company under wages, LrvlL' also Passengers and New-comers who will settle gju"^^*'"' elsewhere, provided they do so within six weeks, Ssewhe"! remain alone exempt from applying for Burgher- ^^^^^ right, for the exercise of all sorts of handicraft and the practice thereof. The moneys arising from the receipt of the Burgh- JJ^j^^^ifor erright shall be received by the Burgomasters, and Sghffhow '^ "^ ° tobe by them expended principally in the strengthening appuca. and circumvallation' of this City. In order that all this may be the better and more ^'^f^;, ^^ regularly practiced, observed and obeyed, the Burgo- Stu^o?"' masters are ordered and authorized to make out, or smaii Bur- ' ghers, aad cause to be made out on the first, and all following occasions, correct Lists of those who, according to the tenor hereof, are invested, qualified and favored, either with the Great or Small Burgherright, and of those hereafter who obtain and receive the same, and have a true Register thereof made, and when done, ^(fpP??{,'ereof deliver a cooy thereof into the Ofiice of the Secretary I," tSlsil:'™ * retaryofthe of the Director General and Council. province. Thus done, resolved, resumed and enacted in the Assembly of the Director General and Council of Neiv Netherland, holden in Fort Amsterdam, in New Netherland, the 2 February, A° 1657. 304 LAWS OF ORDINANCE Preamble. Inhabit- ants of JBreuckelai assessed, aa In the list Bubjoined Court Messenger to notify persons To pay haif tljelr Tax In 8 days, and The remain- der next May. Of the Court of Breuckelen imposing an Assessment on that Town to pay the salary of the Ilev. Mr. Polhemius, &c. Passed 7 February ; Approved 13 February, 1657. [N. T. Col. MSS. Tm. 463.] Whereas the Village of Brueclcelen is taxed by the Director General and Council, but finally with our general consent and agreement, with the sum and charge of fl.300, provisionally for this year, as a supplement of the promised salary and yearly allow- ance of the Eev. Minister D® J. Theodorus Polhemius, therefore have we, of the Court of Breuclcelen, to raise said sum of fl.300, in the easiest manner, assessed and taxed each person, inhabiting Breuckelen and its dependencies, as is hereunder more fully set forth and to be seen, all according to our conscience and opinion in easy circumstances and well off; wherefore Symon Joosten, our Court messenger, is hereby ordered and commanded, on sight and receipt hereof, to repair to the undermentioned and named persons, and to notify each of them of their Assessment and Tax, and that each, for himself in particular, shall be bound within eight days from now, to bring in and to deliver into the hands of Mr. A. Cornelissen in Breuclcelen, the half of his Assessment, either in Wampum or Country produce, such as Corn, Wheat, Peas, Maize, &c. That then all shall be credited and correctly entered, at the current price, on each one's account and assessment ; the remaining half must be paid next May, of the present year, Anno 1657, in order to be able at that time to satisfy and give content- ment to the said Polhemius. Thus done and enacted at the Court held at Breuclcelen, with the previous approbation of the Director and Supreme Council in New Netherland, on Wednesday the 7 February, A° 1657. NEW NETHERLAND. 305 Persons and Inhabitants of Breuclcelen and unto The Ferry, Albert Cornelissen hath promised for this Taxnatof jeai, U.,i.ii pcmi! Joris Dirclvsen, in like manner, 12 Jan Bversen's farmer, named Bartel Clasen, taxed, 10 Tbeunis Jansen on Fredrick Lubbertsen's land, taxed, 10 Barent Jansen, 6 Jan Daeme, 6 Johannes Nevius at Tlie Ferry, taxed, 15 Cornells Dircksen, late Ferryman, 10 Adryaen Huybertsen, 6 Claes de Meutelaar, 6 Gerrit the Wheelwright, 8 Outie, House carpenter, 6 Jan Martyn, 6 Egbert van Borstelen, 10 Louis ; lives at present at the Poor's bouwery, but intends to return, 10 Michiel Tater 10 Peter Cornelissen, 6 Elbert Elbertsen, at The Bay, 10 The smith 6 Black Hans's land 6 Total, fl-171 The persons taxed at the Walelocht are the following : Joris Eaphallie hath of his own free will prom- ised to give and contribute, fl.lO Hendrick de Oopsterdt's* land is taxed, 4 Peter Moelett (say Abram the Turk) 6 « Quere ? Hendrick, the Cupper or bleederT' Tb. 39 Of the WatetioM 806 LAWS OF Jan de Olerck, fl.6 Peter Jansen resides on Lagebergli's land, ... 8 Peter Montfoor, 10 Jan Martyn, .* 8 Gabriel's land (Mr. Paulus Leendersen must answer for this), 10 Peter Meiust, 8 Aert Theunissen, 8 Jan the Chimney sweeper, 4 Nicolas the Frenchman, 6 Total, fl.88 Of otm. The taxed Inhabitants at the Gomvanes are these toana, following and undernamed persons : William Bredenbent hath voluntarily promised to contribute, fl.l2 Jan Petersen is taxed, 8 Barent Bal, in a like sum, 8 Theunis Niesen, 12 Adam Brouwer, 6 Johannis Marcus, 4 Mr. Paulus, 10 Total fl.60 By order of the Schepens of the Court of Breuclie- len, with the previous approbation of the Director General and Supreme Council in New Netherlaml aforesaid. (Signed,) Petee Ton]s:eman, Secretary. 13 February, A" 1657. Eatiflcauon. The preceding Ordinance, enacted by those of the Court of Breuclcelen, on the date 7 Feb'^', 1657, being read and considered in Council, the Director General and Council find the same just and equitable, There- NEW NETHERLAND. 807 fore the Magistrates of the abovenamed Village are hereby authorized to execute the same, and to proceed agaiust the unwilling, as it may be proper. Done, Fort Amsterdam in Neiv Netherland, date as above. ORDINANCE Of the Director General and Council of New Netherland for the better Inspection of Tobacco. Passed 30 March, 1657. [N. Y. Col. MSS. vm. 4M ; Xn. 108.] Whekeas the frauds committed in the sale and preamwe. exportation of poor, bad, rotten or withered Tobacco have, for a long time past, been publicly known, not only in this Country, but divers complaints have also been presented and made from Fatherland, to wit : that now and again quantities of such poor, bad, rotten or mouldered Tobacco have been sent over by divers Traders, Factors and Agents of good, respect- able Merchants, and charged in account to the prin- cipals at 6 @ 7 stivers when it apparently cost here scarcely 2 @ 3 stivers, and on arriving cannot realize the ship's freight; To prevent this, then, as much as possible, the Director General, the Councillor and those they have assumed, have, on the advice and Instructions of the Hon"'* Directors,* considered it right and necessary to subject the Virginia Tobacco to inspection as well as that of New Netherland. But as experience has manifested and proved that inspected good Tobacco, the hogsheads of which were, accordin«'"; at the Town hall of this City; to cause the Assess- to have " the assess- ment to be made; to have i^ recorded by their S.d"en"tfed Secretary in due form, and to have the proceeds ^^^^{°^2^^^ received by their Treasurer, and in case of opposi- i'^^^^'^^'- tion or refusal, to fine the obstinate person civilly; mease of ■*■ "^ ' opposition, to appraise his Lots according to the value and the SnShulot situation of the locality, on condition that it be left anSulf ' *' owner to to the choice of the owner in possession to retain the the^opilon Lots appraised by the Burgomasters on payment, as jsfj^lev" stated, of the 15th penny thereof, or otherwise to iX^o'tS?' give them up for that price to the Burgomasters for ^p^|'^'<' the benefit of the City. It remains ia like manner, on the other hand, at Burgomas- ters empow- the option of the Burgomasters aforesaid, to take T^^^^tiaT the LQts appraised by the owner himself, for the vaSltlon, ■*■ ^ *' and to con- account of the City, and to convey them to others ZE^^^u '° who are disposed and ready to build, at that price, prSscan- if the owner himself will not, or cannot build in tSeiS!^"'^^ conformity to the aforesaid Edicts, or to leave them to the owner until they are built on by themselves or others, when the Impost or Tax imposed for eeMe'when valid reasons on the unimproved Lots, shall cease. bJiSSn! And in order to promote the population, settlement, beauty, strength and prosperity of this City, the Director General and Council Ordaiu and command that, from this time forward, no Dwellinff-houses nodwch- <=• ing-houses shall be builfc near or under the Walls or Gates of n°earo"'"' this City, before or until the Lots herein mentioned cit/waita *' ' or Oatea. are properly built on. Thus done in the Assembly of the Director Gen- eral and Council holden in Fort Amsterdam in New Netherland, the 15 January, A° 1658. 328 LAWS OF OEDINANCE Preamble. Persons wbose Bans have been pub- lished, shall have their Marriages Bolemnized within one month alter, or show cause to the contrary. Penalty. No Man and Woman lo live together as marrledper- Bons, unless they are married. Penalty. Of the Director General and Council of New Netherland to oblige parties to Marry after Ae publication of their Bans. Passed 15 January. 1658. [N. Y. Col. MSS. Vm. 647 ; XVI. 129.] Wheebas the Director General and Council of New Netherland not only are informed, but have even seen and remarked, that some persons, after the proclamation and publication, for the third time, of their Bans or Intentions of Marriage, do not proceed further with the solemnization of their Marriage as they ought, but postpone it from time to time, not only weeks, but some months, which is directly con- trary to, and in contravention of the good order and custom of our Fatherland, wherein being willing to provide, in order to prevent the mischiefs and irregu- larities which will flow therefrom ; Therefore the Director General and Council afore- said do hereby Ordain that all published persons, after three Proclamations have been made and no lawful impediment occurs, shall cause their Marriages to be solemnized within one month at furthest, after the last Proclamation, or within that time, appear and show cause where they ought, for refusing ; and that on pain of forfeiting Ten guilders for the first week after the expiration of the aforesaid month, and for the succeeding weeks 20 guilders for each week, until they have made known the reasons for refusing. Furthermore, no Man and Woman shall be at liberty to keep house as married persons, before and until they are lawfully married, on pain of forfeiting One hundred guilders, more or less, as their quality shall be found to warrant, and all such persons may be amerced anew therefor every month by the Officer, NEW NETHER"LAND. 329 according to the order and the custom of our Father- land. Thus done in Council holden in Fort Amsterdam in New Netherland, the 15 January, A° 1658. ORDINANCE Of the Director General and Council of New Netherland regulating the Duties and Fees of Notaries an# other Officers. Passed 25 January, 1658. [N. T. Col. MSS. Yni. 6S1 ; XVI. 130.] Whekeas the Director General and Council of i^e^'^we. Neiv Netherland are sufficiently convinced, as vrell by their own experience, even, by several Bills of costs, exhibited before them, as by the remonstrances and complaints of others presented to them, of the exactions of Secretaries, Notaries, Clerks and other commissioned persons, in suing and prosecuting contending parties; of the excessively great Fees and charges for writing of almost all sorts of Instru- ments, to the serious, yea nearly intolerable, oner- ousness of the Judgment and Costs of court ; some being so far seized by avarice and greed that they are ashamed to render a Bill, or specification of the Fee they demand, but ask, if not extort, the amount from parties in gross ; the Director General and Council aforesaid, being desirous to provide therein for the better and more supportable promotion of Justice, do hereby Ordain, enact and command. That from this time forward, no man shall under- JJXwup take to draw up or to write any public Instrument, felunTess^ ■*■ com mis- unless he be commissioned or licensed thereto by the f;°e"nfed!' Director General and Council, as Secretary, Notary or Clerk, which commissioned or licensed person is bound to content himself with such Fee as is estab- such licensed lished therefor by the Director General and Council, faTe°oniy and to renew every year, on the 5th of February, the- fee, "'^'" 42 330 XAWS OF And annn- ally toswear obedience to Ihe Law regulating his olUcc ; To keep a Kegister of his otHcial transac- tions ; and Not take money in advance or Ijresenta for lis services, or com- pound for future services, But may receive the Foe belbre or after the suit, on ren- dering Biil of particu- lars. Penalty. Notary, or otJaer licensed person to sign and seal all Instru- ments e.\ecuted belbre him. Fee for seal. oath whicli he hath taken, precisely to submit to and obey the Ordinance enacted, or hereafter, according to circumstances, to be enacted, on the subject of Secretaries, Notaries, Clerks and such like Officers, in conformity to the following : First, all Secretaries, Notaries, Clerks, or such officers, shall keep a correct Begister or Journal, ■wherein people may see immediately, if necessary and when required, whatever has been executed before them, and for which they demand such Fee, and place it on their account. Secondly, no Secretary, Notary, Clerk, or any such officer, shall demand from any person any money in advance, or ask or take any present, or be at liberty to compound or agree with anyone about a Fee and pay for writing yet to be earned, inasmuch as such composition and previous agreement, before final judgment, must redound to the injury of the succumbing party, in case he be condemned in the expenses and costs of Court ; but the aforesaid Officers may receive their pay according to this Ordinance, either at any time before the execution of the Instru- ment, or at the end of the suit, on rendering proper account and specification of what they have written, what errands they have done, what they have per- formed or copied, without entering any extraordinary costs in gross, in such account or specification, but all according to the Fee allowed therefor ; not being permitted either to demand or to exact any thing else or more from their Clients, on pain of forfeiture of office and Fifty guilders fine, by such as may be found to have acted contrary hereunto. Thirdly, the Secretary, Notary, Clerk or officer shall sign with his own hand all Instruments executed in his presence, and seal them, when required, with his signet, providing that he receive for his seal six stivers in addition to the legal Fee. NEW NETHERLAISTD. 331 Fourthly, Secretaries, Notaries, Olerlrs and such to give " ' ' receipt if like officers shall be bound, wheu required, to give a fo?F«3. discharge or receipt for the earned and paid Fee, to ""^"''^"^ be made use of when necessary. Finally and lastly, all Secretaries, Notaries and SfePoo? Clerks shall be bound to serve the Poor and Indigent, Tvho ask such as an Alms, gratis and j)ro Deo; and may demand and receive from the Eich, the following Fees : For a simple Petition written on one side of the paper, 18 stivers. If the petitioner desire to have it recorded or registered ; for copying, 12 stivers. For a simple Summons, as above, 18 stivers. For an Answer, Eeply or Eejoiuder, 2 guilders. For engrossing ; for copying, 24 stivers. Butif the Answer, Eeply, Eejoiuder, Sum- mons or Petition require more than one half sheet of Paper, for each page of 25 to 30 lines, 30 to 36 letters in a line, .. 30 stivers. For a Deduction ; each half sheet of 26 to 30 lines, 30 to 36 letters in the line, . . 2 guilders. For a Petition in appeal to be presented to the Director General and Coun- cil, 2 guilders 10 stivers For a petition of Eevision, Eeview, Purg- ing, Eeduction,* Eehearing, Complaint, Pardon, or Liberty to return to the Country, to be presented to the Direc- tor General and Council, 2 guilders 10 stivers. If it happen to exceed the second or third page (lines and letters as before), per page, : 24 stivers. For a petition of the same nature as above, to any Subaltern Court, . 36 @ 40 stivers. * Reduction is an appeal from tlie award of Arbitrators. Tk. Table of ITeea. 332 LAWS OF Or per page (lines and letters as before), 20 stivers. Por a Judgment, 30 stivers. For extracts from their Books (lines and letters as before) per page, 20 stivers. For a Contract, obligation, assignment, attestation, lease, or bill of sale, 30 stivers. For the Copy, 20 stivers. For a verbal Consultation on a case de- pending before the Director General and Council, 20 stivers. But the Notary is bound to enter in his Journal the time and subject. For an Inventory of documents to be furnished by parties, 15 stivers. For drawing up Interrogatories and en- tering the questions, per half page, 10 stivers. Provided that 7 @ 8 interrogatories stand on one page. For the Answer to be entered on the opposite side, in like manner, 10 stivers. For one day's journey with or without their Client, when required, exclusive of carriage hire and board, 4 guilders. But within the City, Village or place, accompanying their Client, when re- quired, 20 stivers. For attending a term of Court, with or without their Client, 15 stivers. Neglecting to attend it, to pay default and damages thereof. Disburse- No disbursemcDts for Drink, or any other extraor- Mhir^'eiia- binary Presents, Gifts, or Gratuities shall be brought expe"nsY3 Into auy account, or demanded or collected by the auowed. Secretaries, Notaries, Clerks or such like oflBcers. And this and the foregoing Articles shall not only be published, posted and observed in all places within this New Netherland province, where publication is NEW NETHERLAND. 333 usually made, but also read by the Fiscal, Sellout and Jf^^f^"' other Subaltern Magistrates privately in their respect- anSuiuy ■ ive Courts, before the Secretaries, Notaries, Clerks » ' o ' J called and Director General and Council thereof, to the end wuS'th? that he may, in proper form and style, be called, |?££|^«a inducted and confirmed in the aforesaid Town. In councu"° order that he may be the better encouraged in his calling and service, and provided with a decent and proper maintenance, the Director General and Coun- cil hereby Ordain and enact, that all Inhabitants of the aforesaid Town of Flushing, shall, within the J,1|'i|\^,"j'?°'» space of six weeks from the date hereof, in con- "^'"^ formity with their Patent, and according to the fur- ther Enlargement and Privileges granted to the • Town aforesaid, on date 26 April, 1648, apply for J°tt^^„ta and also receive, each for himself, a special Patent rapSve _ _ Lauds, and of the extent of the Lands and valleys which he occupies as proprietor, or is inclined to occupy as proprietor, and shall pay, for every Dutch morgen thereof, 12 stivers annually for the support of the f^^y^^ Minister, and the Director General and Council p?r°morgen promise to supply from the Tenths becoming due, ^^"^^^'^ whatever deficit may happen in that revenue, until BeMt^ • the aforesaid Town shall, in the judgment and opin- f?omthe ion of the Director and Council, contain a sufficient number of Inhabitants. In order that all the aforesaid, may be the better obeyed and executed, the Director General and Coun- cil Ordain and command, that all those who are not Persons refusing to disposed to comply with, submit to, and obey, this <=°°''i»"'e' Order of the Director General and Council, within the prefixed term of six weeks, shall dispose of their Toeeii^ goods to the best advantage and depart out of this fe"^e?he government. In like manner, also, all the good and well affected Inhabitants, who already are in the inhabit- ants to sign aforesaid Town or will hereafter come there, shall be JiPt^^,|VJ{h bound to promise, over the signature of their names, uon'oIpSa 342 LAWS OF of not being to obev and o'bserve these presents, and in case of admitted •' ^ refusal shall not be admitted as Inhabitants. Thus done, in the Meeting of the Director General and Council, holden in Fort Amsterdam, in Ndw Netherland, the 26 March, A" 1658. as Towns- people. Preamble. Ordinances renewed. Not to tap on the Sabbath. Not to con- tinue Drinking Oubs after 9 o'cloclc ORDINANCE Of the Director General and Council of New Netherland renewing sundry Ordinances therein mentioned. Passed 9 April, 1658. IN. T. Col. MSS. XVI. 1.] The Director General and Council of New Nether- land, To all those who hear, see or read these Presents, Greeting, make known. That divers Ordinances and Edicts have been from time to time enacted and published by them, tending to the preservation of good Government, order and the prevention of Smuggling; but, whereas, the greater part of these have, by connivance and non- execution by many, fallen into disrepute and desue- tude, therefore the Director General and Council have considered it highly necessary to renew some of them, and as a warning to briug them again to the remem- brance of their good subjects, as they do hereby. Ordaining and Commanding : Mrst, that no person shall, on the Sabbath of the Lord, during Divine service, directly or indirectly tap any Beer, Wine or Liquors, or sit in clubs ; according to the Edicts of the last of Maxj, 1647 ; 26 Sepeniber, 1656, and 12 June, 1657. Secondly, also, that no one shall continue any Clubs in the evening after nine o'clock, when the Bell stops ringing, according to the aforesaid Edict, dated last of May, 1647. on shore or on board until the NEW NETHERLAND. 343 Thirdly, that no person shall, directly or indirectly, Toseu^ sell or present any strong drink to the Indians; inai^ni? according to the Edicts dated 26 September, 1656, and 12 June, 1657. Fourthly, that no person shall climb over any Gar- SLm^ge dens. Lands or Orchards, much less damasre the keeptu'em Fruits thereof; take away the Clapboards or other Fences ; also, that every one shall properly fence his Gardens, Lands, Orchards and Lots, which being done, and then suffering damage by anyone or any one's Cattle, such person to be corrected and punished therefor, according to the Edict of the first of July, 1647. Fifthly, that no person shall be allowed to convey no goods to " *■ *' be conveyed any Goods or Merchandise from on board ship to the shore, or from shore to shipboard, much less export ^if, „ them, until they are first properly entered, inspected, '"^*- and the customary Duties thereof paid; especially the Goods and Merchandises going to and coming from Virginia, New England, the Carribean Islands, and other places lying outside this our Government ; all which must pay 10 per cent, according to custom and order. Sixthly, that no persons shall be at liberty to no person depart with any ships or barks without a proper p^°"'" Pass, and no Skippers or Boatmen shall carry away any persons without a pass, under the penalty of the Edict issued on the 4 July, 1647. Seventhly, that every one shall properly build on order . respecting the Lots granted to and ob tamed by them, having in^Loto?'"* previously notified ^he appointed street surveyors, pursuant to the Ordinance of the 26 July, 1647. Eighthly, no Tavern keepers shall be permitted to NoTaTem brew, or any Brewers to tap, or to retail by the half briwf'^ can, any small or strong Beer, according to the Ordi- nothfMtau nance of the 12 January, 1648, afterward renewed at divers times. S44 LAWS OF Orders respecting Wooden chmmeys. To use no Weights or Measures except those of AmsUr- dam. Order aeainst Fighting. To perform no unlaw- ful work on the Sabbath, Not to detain or debauch another per- son's man or maid servants. Wo Wine OP Beer to be delivered or taken from a cel- lar without notice. Ninthly, in order to prevent Fire and damage, no person shall be allowed to build within the city of New Amsterdam, any Wooden or plastered Chimneys, or repair those built ; also, all Chimneys shall be properly swept and kept clean, subject to the inspec- tion of the Fire-wardens, according to the Ordinance of the 23 January, 1648. lOthly. 'So other Weight, Ell or Measure, to be used within this, our government, except those of Amsterdam, according to the Edict of the 10 March, 1648. llthly. All Fighting, Wounding, drawingof Knives, and Assaults, are also forbidden, agreeably to the laudable custom of the aforesaid City of Amsterdam, and all .Innkeepers and Tavern keepers remain bound and obliged by oath, to make known imiftediately to the F^cal such Fighting, Wounding, drawing of Knives and assaults, on pain of being debarred from business, besides the fine affixed thereto. Amplified 15 December, 1657. i2thly, on the Sabbath of the Lof3, tt& person shall fish, hunt, or perform any ordinary business, much less commit any unlawful acts, on pain of bodily arrest and arbitrary correction, pursuant to the Ordinance of 29 April, 1648. ISthly, not to debauch or incite any person's ser- vants, male or female, or to harbor them, or fugi- tives, and strangers, longer than 24 hours, -without notifyiug the Fiscal, Magistrates or Schouts, and all servant men and women remain bound to fulfill and complete their contracts, on pain of arbitrary correc- tion, according to the Ordinance of the 6 October, 1648. 14thly, no Brewers, Factors or Merchants, shall be allowed to deliver any Wine or Beer they have sold, or to remove the same out of their houses, from one cellar into another, without having first entered NEW NETHERLAND. 345 it, and received an Excise permit therefor, on pain of forfeiting sucli Wine and«Beer, and paying the fine imposed thereon, by the Edict of the 8 November, 1648. ISthly, all Bakers shall bake the white bread and ^^^%^^^ coarse bread according to the weight, and sell it at the price established, or hereafter to be established, according to the dearness of the grain, pursuant to the Order and Edicts repeatedly renewed, the last dated 26 September, 1656. 16thly, all streets, paths and highways, are to be ^'f|^^^^j?g*' properly maintained, constructed, cleaned and kept fnp?oper' order. passable, according to the Ordinance of the 23 May, 1650. 17thly, in order to prevent all Frauds and Smug- o^'^fp'^Hng glinfe, the- Director General and Council Ordained, ^-^^sgui^E- under date 28 August, 1651, that all Ships and Ves- sels' departing from here to Fatherland, Virginia, South river or elsewhere, shall be obliged to take in their full loading in front of this city New Amsterdam, also provide themselves here with necessary Fire- wdod and Water, and after their departure from this City, allow no boats, scows or craft to board them without a special permit from the Hon'''® Director General, the Fiscal or whomsoever shall be authorized thereto by th« Director General and Council, on pain as is more fully set forth in the Ordinance aforesaid. ISthly, no person shall be at liberty to gallop or °|ffn';,tp^t drive fast with any Wagon, Cart or Sleigh inside "''^'""s- the gates and walls of this City, but the driver shall walk alongside it and not sit thereupon, according to the Edict dated 12 June, 1657. lOthly, on the arrival of any Ships, either from oi-^e^^ Fatherland or elsewhere, no person shall attempt, on f^lT"^ the first arrival, to go on board, before and until the letters are delivered to the General, under the penalty 44 346 LAWS OF Order respecting age of Order respecting tSailora' Iteigbt. of fl.25, and, in addition, of the Canoe, Boat or Scow in which parties go on board, according to Ordinance dated 12 June, 1657. 20th, not to come to an anchor except at the ordi- siSpfc nary anchorage ground, and not to convey any goods on board or from shipboard, except in daylight, according to Ordinance dated as above. 21st. No skippers or sailors shall be at liberty to bring with them any goods or Merchandise under the name of Seamen's freight, in any case exceeding two months' (wages), on pain of confiscation, accord- ing to Ordinance and Edict dated 12 August, 1657. Note. — On the 9 April, 1658, Secretary Van Buyven was ordered to make an Abstract of the principal Ordinances, in order to their neces- sary renewal. N. Y. Col. MSS. VIII. 817. The above Ordinance seems to have been in compliance of that resolution, and constitutes the first Revised Edition of those Laws. Tb. Benewal of certain Ordinances therein mentioned. ORDINANCE [N. T. Col. MSS. Vin. 814.] " . 9 April, 1658. This day is renewed the Ordinance issued against the Importation of Munitions of War; against the unseasonable loading and unloading of Yachts, Ketches and Barks; against carrying per- sons away without a Pass, &c. Note. — It appears by the Letters of the Directors at Amsterdam to Gov. Stuyvesant, dated 22 December, 1657, and 5 January, 1658, that these Ordinances were drawn up in Holland, and sent printed to Nevj Netherland. N. Y. Col. MSS. XII. 69, 71. Tk. NEW NETHERLAND. 347 ORDINANCE Of the Director General and Council of New Netherland against cutting Sods or dredging Oyster shells on Manhattan Island, within certain limits. Passed 11 April, 1658. [N. r. Col. MSS. Tin. 823.] Whereas the Director General and Council of preamwe. Ne7v Netherland see and observe, by their own expe- rience, that some persons undertake to cut and cause to be cut sods, not only between the Walls of this City and the Fresh Water, but also here and there on the Highway within this City, which, besides destroy- ing the neatness and serviceableness of the road, would be the cause of a want of sods when the forti- cations of this City are to be mended and repaired, wherein it is necessary that provision be made for the public advantage; Therefore the Director General and Council aforesaid do hereby most expressly inter- ^^"051 "ods diet and forbid all persons, of what quality soever mon^pS™' ture. or on they may be, from attemptmg to cut or causing to be ^|j.fi^%,„ cut any sods on the Common Pasture, between the iiHoatl'Si- " mission. Walls of this City and the Fresh Water, much less on the Highway within this City, without the knowl- edge or consent of the Director General and Council, under a fine qf 25 guilders for the first time, and 50 ^'"""y- guilders for the second time. Further, the Director General and Council aforesaid °iJ?nfnotto interdict and forbid all persons from continuing to Snthc^ll^t ■■^ '^ or N< rth dig or dredge any Oyster shells on the East River or \^^l^^^- on the North Elver, between this City and the Fresh Water, on' a like penalty, as the Director General and Council consider such to be for the public advantage. Thus done at the Meeting of the Director General and Council in Fort Amsterdam in New Netherland, the 11 April, A" 1658. limits. S48 LAWS OF Preamble. Goods' imported from the NurOi, VLr- pinia. or clsewbf^re to pay 10 ppF cent duty. Provis- ions, Malt, Tobacco and Sugar excepted. Wine, Beer, Vinegar and Oil, declared to be Goods. ORDINANCE Of the Director General and Council of New Netherland explaining what Goods are subject to Import Duty. Passed 16 April, 1658. [N. T. CoL MSS. TUL 843.] The Director General and Council of New Nether- land having been requested to state what duty the Goods imported here from Virginia, the North or elsewhere, outside of this Province, shall have to pay, and what Goods are subject to duty and what not, it is hereby resolved and Ordained by the Director General and Council aforesaid, that all Merchandises imported here from the North, Virginia or elsewhere, outside this Province, shall pay a Duty of 10 per cent of the true value, except Provisions, Malt, Tobacco and Sugar, which shall still be free from duty.* Under Merchandises are included and reckoned all Wines, Beer, Yinegar and Oil, on which the same Duties shall be paid as on other Merchandises. Dated as above. *■ 15 May, 1657. It being proposed in Council whether the Sugars imported from Barbadoes and other Islands should pay the Import duty, it was unanimously voted No, but to connive thereat in order to encourage Trade. But they shall pay a Duty of 8 per cent when exported from this place. N. Y. Col. MSS. VIII. 580. Tr. NEW NETHERLAND. 349 OKDINANCE Of the Director General and Council of New Netherland continuing the Ordinance of the 27 April, 1G56, and further regulating tim Duties payable on Imported and Exported Goods. Passed 23 April, 1658. [N. T. Col. MSS. Vm. 852.] All Merchants, Traders, Skippers, Boatmen, also Inhabitants and Foreigners, of "what quality or Nation soever they may be, are hereby notified that, conformably to the Ordinance and Edict on this sub- ^1^^%^ ject enacted and published the 27 April, 1656, no beVem°ill from Neto persons shall be allowed to embark, convey or tran- ;f,™|fg""""' ship by water or by land, any Peltries of any descrip- ""''"*■""* tion whatsoever, or any Wines and Beer, or even to remove anything outSide the gates of this City, unless they have previously entered the same with Nicolas Yerlet, commissary of the Company's Warehouse, and herein Collector of the Export Duties, in their exact quantitj^ quality and description, and received thereof an export Permit, whereupon shall appear, ^t,^^""^ besides the quantity and quality, from whom received and to whom consigned, and, if they are conveyed out of this Jurisdiction promptly, to pay thereof to the aforesaid, our appointed Collector, 8 per cent of ^utyon all Peltries in species, or the just value thereof in good Merchantable Wampum, according to the Counting-house rate. For a tun of Beer, fl.2. 2. Beer, For an anker of Brandy, Spanish Wine or Branay, Liquor, 2.2. For an anker of French or Ehenish Wine or wmeor Mead. Mead, 1.1. on the penalty of forfeiting the smuggled and seized penalty. "Wines, Beer and Peltries, and double the value thereof. 350 LAWS OF Peltries, Wines, &c., to be exported on the day they are entered, or a New Per- mit to be taken out. Imported Goods not to be unloaded until entered, and Ten per cent Duty paid thereon, Provisions excepted. Oil, Wine, Vinegar, and B(-er subject to Duty. Free Goods. Goods for export to be entered on the day of depart- ure, and to he Subject to Inspection. Penalty. The entered Peltries, "Wines Beer and Spirituous Liquors shall be shipped, carried away and removed on the same day, and that by daylight, between the rising and setting of the Sun, and if, through neglect, they are shipped, carried away or removed on the lollowing or on any other day, another export Permit shall be applied for and obtained from the aforesaid Collector on that day on which they are shipped, on the aforesaid penalty. Further, the Director General and Council give notice that no person, of what quality or Nation soever he may be, shall discharge or unload any goods or Merchandises coming from abroad before and until he have entered the same in their species, quantity and quality with the Director General or his deputy, the Fiscal, or, in his absence, with the aforesaid Commis- sary, Nicolas Yerleth, and paid thereof the heretofore Ordained 10 per cent in kind, or the Value thereof in good merchantable Wampum, according to the rate of the Counting-house, on the aforesaid penalty. But from this are exempt all sorts of Provisions, except Oil, Wine, Vinegar and Beer, on which, as on all other merchandises the Duty shall be paid. Also, no duty shall be paid on imported Wampum, Tobacco, Sugar, Indigo, Cotton, Hides and other native pro- ducts and fruits of this country ifl America. Finally, the Director General and Council enact anew that all Ships, Yachts, Barks, Ketches, Sloops, or any other Vessels intending to sail or make a voy- age beyond or within this Province, shall, on the day of their departure, enter with the Fiscal, or, in his absence, with the aforesaid Commissary, by list, specifically, the Merchandises, Peltries, Wines and Beer embarked, and submit, after the entry, to the inspection of the Fiscal, Commissary or any other deputy of the Director General and Council, on the fine as aforesaid, one-third of which fine shall be paid NEW NETHERLAND. 351 to the discoverer and informer of any Frauds and Smuggling. To the end that no man shall plead ignorance, the Lawtobe transl&tsd Director General and Council of Neiv Netherland Lndl?endS Ordain and command their Fiscal to have these presents translated and posted in the English and French Languages, and after the posting, to proceed against the Oontraveners, as the case may require. , Thus done, resumed and enacted at the Meeting of the Director General and Council holden in Fort Amsterdam in New Netherland, the 23 April, 1658. ORDINANCE Of the Director General and Council of New Netherland regulating the Duties and Fees of Court messengers. Passed 23 April, 165S. [N. Y. Col. MSS. Vni. 85T.] FiEST, whoever will sue anyone at Law, shall f^^^fi^"'^ summon him by the Court messenger, or Bailiff, for ^mmon°ed® at least one the next session of the Court, which summons must t?M.txcept be served at least one day before, unless in case of ISsraf""' arrest, or difference between Strangers, when it may be served on the very day of the Session. 2. The Bailiff or Court messenger shall give in a Bamir written return, and state therein where and on whom len^e' the summons shall have been served, together with the Answer. 3. All Judgments, interlocutory or definitive, whereby Judg- anyone is condemned to pay money, or deposit it in ?r^om?or^not Court, shall, if no Appeal be lodged in cases where ^''''^'*'''^' an Appeal can be taken, be put in execution within ten days in manner as follows : 352 LAWS OF To be served on Delendant, who is to be called onto Eatlsiy tbe same. If Judg- ment be not Batisfied, Furniture and Mova- bles to be Belzed and Inventoried in the pres- ence or two Bcbepens, and sold after six days, due notice hav- ing been given. Heal estate to be seized and sold Biter notice be given, if the sale of the Mova- bles do not satisfy the Judgment. Court to give Title. 4. The Bailiff or Court messenger shall proceed with the Judgment to the person, or dwelling-house of him against whom he holds the judgment, and sum- mon him to pay within 24 hours ; on the expiration of the 24 hours, if no payment has been made, the aforesaid Bailiff or Court messenger shall again demand satisfaction of the aforesaid Judgment, and if he remain still in default, he shall, in the presence of two Schepens, attach or seize, under inventory, the Furniture and Movables, unless the Defendant show the Officer some Furniture or personal property on which he desires the Execution to be levied ; The said goods shall be kept for the term of Six days, in order to allow the Defendant to pay in the mean- while ; and after notice has been given at one session of the Court, the aforesaid Movables shall be sold on the next Court day to the highest bidder for ready money. 5. And if the payment cannot be made out of the moneys realized from the aforesaid Furniture, the said Bailiff or Court messenger shall seize the Eeal estate of the Defendant, and publicly sell it for ready money, after four Court days' notice, and also by posting of notices, provided the Defendant be so notified on the first notice or proclamation ; and a Decree of Title shall be delivered to the purchaser by the Director and Council, or Burgomasters and Schepens. 6. llimtSfm ■^'^'1 if til® aforesaid property be still insuflBcient, Sanding thcu he shall attach all outstanding Debts due to the Debts due to _.,.-i -i.-i ^ /. -, fenda^tto Defendant, which, after four days' notice, shall be be sold. g^ij ^^ ^j^g highest bidder for ready money, as afore- said. NEW NETHERLAND. 353 .7. All Judgments rendered in Eeal actions, whereby Judgmenu ° •' against any Houses, Lands or property are adjudged to tbe ifa^dT"' PlaintiflF, shall also be put in execution,, after ten e™cuteci! days subsequent to the date of Judgment, in the fol- lowing manner: 8. The Defendant, and also the occupant of the poJS?to adjudged property, shall be summoned by the Court tovIcSI messenger, or Bailiff, to withdraw from, and vacate S'ay"''"'"^ the adjudged property within three days, and to let the successful party enter into possession, and if they do not do so within the aforesaid three days, the Defendant or Occ#pant shall be, after that, actually J^^^ffif^j^ ejected therefrom, and the successful party x>ut in "mmaint possession, in the presence or two of the Court, possession. under the superintendence of the Schout, Fiscal or Secretary. 9, All Judgments, whereby anyone is condemned to fo°?f^™'= render account, proof or residue, or to do any other baia!J?e fo"'' act, shall be executed after ten days, and after pre- »«erio vious Summons as aforesaid, in the following man- ner : The condemned shall stand arrested at a certain Defendant then to bp Tavern on pain of Twelve guilders, and on the day Taver"fiu- appointed, if he do not so appear in confinement he ^^'"p™ shall be looked up by the Court messenger, and if the Messenger do not find him, he shall forthwith be apprehended and imprisoned, with the aid of the Fiscal or Schout. 10. The Court messengers or Ushers, putting in execu- ^^^Hf tion, as Bailiffs, the Mandamuses and Orders of ^^er/'ofthe justice, issued by the Director General and Council, "i^^'^fiy shall be bound to serve all summons on the persons, Defmcfant's -t -... ^.1 t i, -n boose, and or at the dwellmgs of those whom they will summon, in case they have a domicile, and to leave the copy 45 354 LAWS OF Return ot flervice to be made. Local officer to assist If necessary In levying executions. Court messengers to report cases of resistance, or refusal of assis- tance. Deposits of nxoney in contro- versy, when ordered, to be paid to the Plaintiff, or lodged iu Court. Court messengers responsi- ble for of the aforesaid Mandamus and Order, at the cost of the Petitioner, with the Defendant aforesaid, or some of his family, with a note or memorandum on the aforesaid copy, when the session of the Oonrt shall be .held, on pain of Six guilders each time, for the benefit of the Poor; and farther conduct themselves in regard to the return, as is ordered in Article 2. 11. The Bailiffs or Court messengers, wishing to levy any Executions, really and in deed, shall, if thej'^ deem necessary, call on the OfiBcer of the place, city, or village, and request his assistance, which aid the aforesaid Officer shall be bound momptly to render. 12. Item. "Whenever parties resist the execution by words or action, also in case the Officers, Magis- trates or others, offer them any resistance, hindrance or obstruction, or refuse assistance, the aforesaid Court messengers or Bailiffs, shall be bound faithfully to report the same, and to deliver a copy of their proceedings into the hands of the Fiscal, in order that such resistants may be summoned before the Director General and Council. 13. The Court messengers or Bailiffs, executing any order for the deposit of money in controversy,* shivll be bound immediately to deliver the deposit afore- said, into the hands of the party, or to bring it in consignment to the Court, or Secretary of the place. 14. If the Court messengers or Bailiffs, when executing any Judgment or Order issued by the Director Gen- ^' Namptissement. This was an Order obtained, in certain cases, by the Plaintiff to oblige the Defendant to pay money sued for into Court, or to the Plaintiff, under bond dc restituendo. Wassenaer J^axis Judicieel, p. 122. Tb. NEW NETHERLAND. 355 eral and Council, be found to Lave badly executed it, En-oneona, ' ^ ' negligent or or to bave fraudulently and iu bad faith, or through ^xecml™' manifest neijliaence, exceeded or overstepped the me^ntsfknd o a y II- must cor- words and form of their authority and commission, J^e."^ they must answer for such act, and correct their pro- ceeding, on the Order and decision of the Director General and Council ; and, in such case, the Plaintiff namtiffs ' ' ' not respon- who employed them shall not be permitted to assume auitiSto .*. f* t n t in offer indem- the responsibility of the case for them, nor shall any ^y}"^""^ pledge of indemnity given to them by him avail them as an excuse. 15. The Court messengers or Bailiffs shall be bound to court . "^ messen- ' accompany the Fiscal, and assist him in all Civil exe- g^frS^fun cntions which the Fiscal is ordered to levy by the "' ''"^' Director General and Council. IG. The Court messengers or Bailiffs shall content Fees of O Court themselves with, and may demand, the following ">«=="se"- Fees, and no more : For a single Summons within the circuit of this place, Twelve stivers. For a single Summons outside that limit, Eighteen stivers. On condition of paying therefrom to the Secretary for entering the action, Six stivers. For an Arrest within this City, fl.0. 12. outside this City, 1. 4. For committing a person 1. 4. For keeping the prisoner between night and day, 2. 0. For serving a Mandamus within this City, . 1. 10. outside the same, 2. 10. Other services and labor not expressed or specified herein shall remain subject to the discretion and taxation of the Director General and Council. 356 LAWS OP Court mes- sengers not entitled to Fees in cases wherein the Com pan} is conceraed. Power to alter this Law, reserved. In Oases, Services and Citations relating to the Hou^^^ Company, or where the Fiscal and Sellout are concerned ex officio, the Court messengers shall be bound to act for the ordinary Salary allowed them. The interpretation, alteration and enlargement hereof shall be subject to the judgment and disposi- tion of the Director General and Council aforesaid. Thus done and provisionally Ordained the 23 April, A° 1658, at the Meeting of the Director General and Council, holden in Fort Amsterdam in Neiv Nether- land. OR-t>INA]SrCE Crops Dot to be removed from the field until an arraage- ment be made for the Tenths. GommlA- Bioners for the Tenths. In case no arrange- ment be made, the Tenths to be told out. Penalty. Of the Director General and Council of New Nelherland for the payment of Tenths. Passed 2 July, 1658. [N. T. Col. MSS. VUI. 899.] The Director General and Council of Neiv Nether- land do hereby notify and warn all those who, accord- ing to their Patents and Deeds, are indebted for Tenths, that no person shall attempt to remove his cultivated crops, whether Grain, Maize or Tobacco, before and until he have agreed abont the Tenths for this year with the Director General and Council or their Commissioners, Mess'^ Peter Tonneman and Johan de Decker e, or, in case of non-agreement, have shown his crops to said Commissioners, in order to select and count out the Tenths, according to the usage and custom of our Fatherland, on pain of for- feiting 50 guilders above the just value of the Tenths to be estimated by impartial men ; said fine to be paid by whomsoever shall be found to have acted contrary hereunto. Dated as above. NEW NETHERLAND. 357 ORDINAlSrCE Of the Director General and Council of New Netlicrland making Wampum a legal Tender in certain cases, and fixing the price of Bread and Liquors. Passed 11 November, 1658. [N. T. Col. MSS. Vm. 1023.] The Director General and Council of Neiv Nether- land, To all those who see these Presents or hear them read, Greeting, make known. Whereas, notwithstanding the former reduction preamw*. of Wampum at the General counting house, from Six to Eight white, and from Three to Four black [beads] for one stiver, they are still informed, both by a Remonstrance of the Burgomasters and Schepens of this City, and by reports of others, of the high, excessive and intolerable dearness of needful com- modities and family necessaries, arising among other causes, from the abundance and uncurrent condition of the Wampum, which in barter for Beaver, has Dcpreda- risen to 16 guilders and more for one Beaver ; accord- wampum. ing to which rate, all household commodities and common daily necessaries take their course, even to such a degree, that a difference of 80, 90, yea 100 per cent is made by Shopkeepers, Tradesmen, Brewers, Bakers, Tapsters, and Grocers, if they work and sell their wares for Beavers or Wampum, which has necessitated and induced the Director General and Council aforesaid, at the further request of the Bur- gomasters and Schepens of this City, to allow Wam- pum to be current, according to the abovementioned reduction of the Counting house, to wit : in place of ^^^"/.^^^ 6, Eight white, and in place of three, Pour black for one stiver. But whereas from past experience, it is not only to be feared, but may probably follow, that, by this reduction, the complaints and dearness will not be prevented, nor the dispiroportion between the 358 LAWS OF Wampnm declared to be Mer- chandise and to be exchanged by measure. Not a legal Tender above 24 guilders, unless by agreement. Bakers, Brewers, and Tap- sters and others to sell their com- modities at tbe prices lixed by law ; to wit. pay in Beaver or Wampum remedied ; but, on the contrary, it is to be presumed, that the more Beads tbe Traders receive for a stiver, tbe greater lengtb of bands or fathoms they will give for a Beaver, and consequently, the dearness of wares and even of tbe most necessary articles, such as Beer and Bread, will continue and be exercised on the ground of the still too great disproportion between the Wampum and Beaver, In order to remedy and prevent this in future as much as possible, tbe Director and Council cannot, as yet, discover any better expedient or means, than again to declare Wampum, as it has already been frequently declared, to wit, an absolute article of Merchandise, to be, according to its value and qual- ity, bought and sold, bartered and exchanged by measure or guilder, as parties — buyer and seller — can agree; and that payment in Wampnm above 24 guilders shall not be valid in law, unless it appear, otherwise to the Court, by written contract or acknowledgment of parties. But, inasmuch as Wampum, for want of a better Currency, and as a means to procure family supplies for dally use, must pass between man and man, buyer and seller, the Director General and Council judge it necessary in future to reduce, not Wampum, but the most necessary articles, such as Bread, Beer and Wine, and to raise or lower tbe prices of them according to the value of Beavers, as the general market rate shall require. Therefore, the Director General and Council do Ordain and command Bakers, Brewers, Tapsters and others, who sell by the small measure, not to sell or to retail Bread, Beer and Wine, at a higher price than that to be fixed by the Director General and Council themselves, or by the respective subaltern Magistrates, each in his juris- diction, with the knowledge of the Director General and Council. NEW NETHERLAND. 359 Wherefore, to prevent the altogether too great clamor and complaint of dearness, and to enact some Eegnlations with regard to the most necessary arti- cles, such as Bread, Beer and Wine, according to ■which others can in course of time be regulated and reduced, the Director General and Council have, after communication with, and on the advice of, the Bur- gomasters of this City, concluded, resolved and Ordained, as they do hereby Ordain, that Brewers, Tapsters, Bakers, also other Storekeepers and Gro- cers, shall offer for sale to the purchaser, the daily most necessary domestic commodities at three prices, ^\|Jl^, to wit. Silver money, Beaver, or Wampum, as it is leS5e'r,or at present provisionally reduced everywhere through- out this Province, videlicet. Eight white and Four S^'^'^n,. Black for one stiver. According to which order The Brewer shall deliver The tun of Strong Beer @ 10 guilders in Silver, ^!^°l^ according to the value in Holland. Brewed.""' The tun of Strong Beer @ 15 guilders in Beaver; the Beaver @ 8 gl. The tun of Strong Beer @ 22 guilders in Wampum ; Bight white and Four Black for one stiver. The tun of Small Beer, 3 guilders in Silver. 4J guilders in Beaver. 6 guilders in Wampum. The Tavern keeper, Half a gallon of Beer, 6 stivers in Silver. b^°' 9 stivers in Beaver. 12 stivers in Wampum. A can of French Wine @ 18 stivers in Silver. wine,«na @ 22 stivers in Beaver. @ 36 stivers in Wampum. A can of Spanish Wine @ 24 stivers in Silver. @ 36 stivers in Beaver. @ 50 stivers in Wampum. 360 LAWS OF when^s^o'id A gill of Brandy @ 5 stivers in Silver. by the Tavern- keeper. Tavern- ' @ 7 stlvcrs lu Beavcr. @ 10 stivers ia Wampum. The Bakers, S'ead."' -^ coarse Wheaten loaf, 8 lbs. weight @ 7 stivers in Silver. A coarse Wheaten loaf, 8 lbs. weight @ 10 stivers in Beaver. A coarse Wheaten loaf, 8 lbs. weight @ 14 stivers in Wampum. A Eye loaf, 8 lbs. in weight @ 6 stivers in Silver. @ 9 stivers in Beaver. A Eye loaf, 8 lbs. in weight @ 12 stivers in Wam- pum. A White loaf, 2 lbs. in weight @ 4 stivers in Silver. A White loaf, 2 lbs. in weight @ 6 stivers in Beaver. A White loaf, 2 lbs. in weight @ 8 stivers in Wam- pum. Thus done, resumed and enacted at the Meeting of the Director General and Council, holden in Fort Amsterdam in New Netherland, the 11 November, A° 1658. P. Stuyvesant, Nicasius de SiUe, La Montague, Pieter Tonneman. NEW NETHERLAND. 361 ORDIISrANCE Of the Director General and Council of New Netherland for the immediate Settlement of Haerlem. Passed 27 November, 1658. [N. Y. Col. MSS. Vin. 1044.] All persons whom it may concera are hereby premonished and notified that all those who have obtained Lots or Plantations in the newly becrun Lots and *' o Farms in Village of Haerlem, shall take possession, or cause S'Ven'S'd"' possession to be taken thereof, and commence pre- ''^f„''^i.°° parations for fencing and planting the same, within f"'^^"""' the space of Six weeks from the date hereof, on pain of having the Lots and Plantations which are not entered upon within that time, given and granted to others, who may be disposed to improve them. ORDINAI^CE 01 the Vice-Director and Commissaries of Fort Orange for the proper Assize of Bread. Passed 27 November, 1658. [Book A, Mortgage No. 1, Co. Clerk's OfBce, Albany, 108.] The Vice-director and Commissaries of Fort preamwa. Orange, Village of Beverwyck, and the dependencies thereof, having heard the manifold complaints of the scarcity of coarse Bread, which the Bakers, contrary to the Ordinance of the Director General and Council of Neiv Neilierland, published here the 6 October, A° 1656, do not bake twice a week, the Coarse loaf at 16 stivers, the White loaf in proportion, consuming, to the serious prejudice of the Commonalty, their Flour in baking of Koeckies (cakes) and white Bread for the Indians, without being weighed; Therefore the said Vice-Djrector and Worsh" Commissaries hereby Ordain, agreeably to the said Edict, that every one B|*«[^tj^ who follows the trade of baking, shall, from this time ''^'=''- forth, bake twice a week, coarse Bread for the accom- 46 362 LAWS OF Price of Bread, Penalty. Bakers who do nnt bake In Winter siiatl not be permitted to bake in Suiuiner. Penalty. modation of the Public, and retail each coarse loaf for 8 stivers, eight white and fonr black Wampum beads to be counted for one stiver, and the White loaf, in proportion, according to the abovementioned Edict, and that provisionally, on account of the scarcity of Grain ; on the penalty that the Oontraveu- ers shall be excluded from their business for one year, and the white Bread confiscated which shall be found, and, in addition, they shall be fined 50 guilders. And inasmuch as it is found by experience that many, as well of this place as coming from elsewhere in the Trading season, make a business of baking Koeckies and white Bread without weighing, for the Indians, to the great injury of the Bakers, and quit baking in the Winter, the said Vice-director and Worshipful Commissaries do Ordain that the Bakers who quit baking after the Trading season and before Winter, and do not accommodate the Public in the Winter, shall also not bake in the Summer, on pain of fl.50, and the confiscation of the bread that is found. Thus done at the Meeting in the Fort Orange, the 27 November, A" 1658. NEW NETHERLAND. 363 ORDINANCE Of the Vice-Director and Commissaries of Fort Orange for the better prevention of Fires. Passed 27 November, 1658. [Book A, Mortgage No 1. in Co. Clerk's Office, Albanj-, 109.Jf Whereas daily experience teaches us that in con- preamwe. sequence of the foul and unswept condition of the Chiiunej's, these frequently catch fire, and commonly the Houses also; yea, oftentimes the neighboring houses where these are covered with ignitible ma- terials, whereby great damage is done, not only to the Houses and Goods, but also to Human beings, a sad spectacle; Therefore, the Vice-director and Worshiijful Commissaries of this Court, wishing, as by their oflBce and duty bound, to provide by all means in their power against such accidents, do hereby order all Burghers and Inhabitants of Fort chimneys Orange, and Village of Becerwyck, each one in partic- Stwu.v'S;* iilar, to keep the Chimneys of his respective house dein."^"' clean and free from the danger of fire, under a pen- alty of One pound Flemish for every Chimney that penalty. shall, 15 days after .the jiublication hereof, be foul and inspected as such, and he whose Chimney shall Jpj^JI. take fire through carelessness or neglect shall forfeit 50 guilders. Done in Fort Orange, the 27 November, A" 1658. 364 LAWS OF Board- ing-house keepers to pay half T-ivern luxcise. ORDINANCE Of the Director General and Council of New Netherland obliging Boarding-house keepers to pay Excise. Pasaed 28 November, 1658. [N. Y. Col. MSS. Vin. 1046.] Whereas the Director General and Council are certainly informed that some persons, under pretense of keeping Boarders, sell Wine, Beer and Strong Liqnors, to the prejudice of the general Revenue and of the Tavern keepers who publicly follow that busi- ness, in order to prevent tlfe same, it is resolved and Ordained, by the Director General and Council, that all those who are keeping Boarders, shall pay half Tavern keepers' Excise on the Wine, Beer and Strong Liquors they will lay -in and consume. Dated as above. An Annual' Fair e-stab- lished in I^ew Ainster- dam during the month of May for Lean Cat- tie, and From the 20 October to 30 Novem- ber for Fat Cattl«. ORDIISrANCE For the establishment of two Cattle Fairs in New Amsterdam. Passed 28 November, 1658. [N. T. Col. MSS. Vin. 1018.] By an Order in Council, the Burgomasters and Schepens of Neio Amsterdam, were on their Peti- tion authorized to establish two Markets or Fairs, in that City ; one for Lean cattle, to commence on the first of May and to continue until the end of said month ; the other for Fat cattle, to commence on the 20th of October and to terminate on the last of November of each year, during which several periods, no Stranger within the City or its jurisdic- tion, should be subject to arrest or process. In regard to Ferriage, the Burgomasters and Schepens proposed that in place of twenty stivers, twenty-five stivers a head should be charged for the cattle brought over, on condition that the cattle NEW NETHERLAND. 365 remaining unsold should be carried back free of charge. This was allowed, provided the Ferry- master consent thereto. ORDINANCE Of the Vice-Director and Commissaries of Fort Orange fixing the rate at which certain Debts may be paid in Wampum. Passed 29 November, 1658. [Book A, Mortgage No 1, in Co. Clerk's Office, Albany, 109.] The Vice-director and Commissaries of Fort pr«amwe. Orange, Village of Beverwyck and dependencies thereof, having received an Ordinance of the Director General and Council of Neiv Netherland, concerning the value of Wampum, which they have had pub- lished on the 22d instant, and having afterward, on petition, taken into consideration some complaints of the Commonalty, respecting the rating of the Wampum, being greatly injured thereby : Therefore, ^^®^' the said Vice-director and the Commissaries aforesaid Scufrea "at fbrt do hereby Ordain that all the old debts which have °;,™'?'o been incurred before the publication of the above- furn''o"''thl Law regii- mentioned Ordinance, and which must be paid before ^^^"Slof® that time, may be discharged, within 8 days from ma^be^te- date, for six white and three black Wampum beads for one stiver. Thus done in the Court of Fort Orange, the 29 November, A" 1658. cbarged. ORDINANCE Of the Director General and Council of New Netherland for the better preservation of Fences. Passed 30 December, 1658. [N. Y. Col. MS9. Vni. 60.] This is a renewal of the Ordinance of the 9 October, 1655, supra, p. 193. 366 LAWS OF ORDINANCE Of the Director General and Council of Kew Nelherland ag:ainst Firing guns, Planting May-poles, Beating Drums, or Selling Liquor on May-day or New-year's-day. Passed 30 December, 1658. [N. T. Col. MSS. Vm. 62.] This is a renewal of the Ordinance of the 31 December, 1665, supra, p. 205. Inhabit- ants of Fort Orajiije and Brvervryclc not to molest Indiana. PaoMj. ORDINANCE Of the Vice-Director and Commissaries of Fort Orange against molesting Indians within that jurisdiction. Passed 27 September, 1G59. rSook A, Mortgage No. 1, in Co. Clerk's Office, Albany, 182.] The Worshipful Commissary and Commissaries of Fort Orange and Village of BeverwycJc, having heard divers complaints of the insults offered to the Indians by beatiug and striking them, which tends to a dangerous result, in order to provide against snch, and to prevent accidents in these dangerous times, they forbid, as they do hereby most expressly prohibit, all Inhabitants of this Jurisdiction, molesting any Indians, of what nation soever they may be, and that on pain of arbitrary correction. Thus done at the Meeting of the Court of Fort Orange and Village of Beverwyclc, in Fort Orange the 27 September, A" 1659. NEW NETHERLAND. 367 ORDINANCE Of the Vice-Director and Commissariea of Fort Orange regulating Tapsters; against playing Golf in the Streets; against pihng Fire- wood in the Streets and against firing Guns on New-year's-day. Passed 10 December, 1659. [Book A, Mortgage No. 1, in Co. Clerk's Office, Albany, 209.] The Worsb' CorumissaTy and Commissaries of Fort Orange and Village of Beverwyck Ordain, pursnaut to the Ordinance of the Hon*"'* Director General and Council of Neiv Netherland, pnblisbed here the 6th October, 1056, as they do hereby Ordain, that from ^"Pf-^,, this time forth no person shall follow the business of jl^"c^an»« Tapping, before and until he shall have received a J'JSIJf^iie License from the Officer, on condition of paying moStus. therefor One pound Flemish, and being bound to f^f^^^^^ renew his License every three mouths, on pain of sus- pension froA his business. The W. Commissary and Commissaries of* Fort Orange and Village of Beverwyclc, having heard divers complaints from the Burghers of this place, against l)layiiig at Golf along the streets, which causes great damage to the windows of the Houses, and exposes people to the danger of being wounded, and is con- no person ^ *^ => ° ' to play at trary to the freedom of the Public Streets; Therefore stree'So'r* their "Worships, wishing to prevent the same, forbid »"^/™'- all persons i)laying Golf in the streets, on pain of forfeiting fl.25 for each person who shall be found penai'y- doing so. Whereas experience shows that many Burghers of the Village of Beverwyclc deposit and pile their Fire- wood in the Streets, contrary to the freedom of said Streets which must be always kept free and unob- structed, whereby not only people are incommoded, bat Wagons, Sleighs and Carts can with difficulty make use of said Streets, to the serious inconven- ience of the Public. Therefore the Commissary 368 LAWS OF Fire- wood not to remain piled in ttie Streets longer than 10 days. Penalty. Guns not to be dis- charged in Bcverwyck on New- year's-day. Penalty. and Commissaries of Fort Orange and Village of Beverwyclc, wisliing to provide against siicb iucon- veuiences, hereby forbid each and every of the Inhabitants of Beverwycli from this time forward from allowing their Firewood to stand on the Street beyond the term of ten days, on paia of confiscating said Wood, and, in addition, paying a fine of fl.25. la like manner also, the Commissary and Commis- saries forbi/1, as they do hereby most expressly pro- hibit any of the Burghers or Inhabitants of the Yillage of Beverivycic, shooting on New-year's-day, on account of the great damage and disorder such firing causes ; on pain of Twenty-five [guilders] for each person who shall be found to have done so. Thus done in Fort Orange, at the Meeting of the Court of said place, on the tenth of December, A° 1659. ORDINANCE Of the Directop^G-eneral and Council of New Netherland, for the establishment of Villages. Passed 9 February, 1660. [N. Y. Col. MSS. rx. 53.] Preamble. Whereas sad experience hath from time to time demonstrated that, in consequence of the separate and isolated dwellings of the Farmers, set up, in the Flatland, on various hooks and places, in direct opposition to the Order of the Hon"^^ Patroons and their Chief Magistrates here, many and divers Massa- cres and Murders of People, with slaughtering and killing of Cattle, and burning of Houses and Barns, have been committed and perpetrated now and again by the cruel Barbarians, which might, with God's help, be prevented, if the good Inhabitants of this Province had settled nearer each other in the form of Towns, Villages or Hamlets, like our neighbors of New England, who, by reason of their combination NEW NETHERLAND. 369 and concentration, have never been subject to such, certainly not to so manifold and general calamities, as we and our Nation. "Which calamities have been caused and the Indians encouraged thereto, saving God's righteous chastisement, by the Farmers dwell- ing apart, it being notorious and remarkable, that similar murders have never occurred where 10 or 12 persons have dwelt together in form of a Settlement, but always in isolated localities where the one cannot come to the assistance of the other in time of need, it being out of the power of the Director General and Council to provide each separate farm-house with a guard. In order to prevent and in future, put a stop, as much as possible, to such Massacres, Murders and Burnings, by cruel Barbarians, at the separate dwell- ings, the Director General and Council of New Nether- land do, therefore, hereby notify and Order all isolated Farmers in general, and each in particular, wherever Farmers " ^ lo remove they may reside, without any distinction of persons, fSlJylMd^' to remove their houses, goods and cattle before the prevtouato ' o the middle last of March, or at latest the middle of April, and "he'^n'SJei? convey them to the Village or settlement, nearest ^^^^^"•"'^ and most convenient to them ; or, with the previous knowledge and approval of the Director General and Council, to a favorably situated and defensible spot in a new palisaded "Village to be hereafter formed, to a new^^ where all those who apply shall be shown and granted «^'»^'»^^- suitable Lots, by the Director General and Council or their Agents, so that the Director General and Coun- cil, in case of any difficulty with the cruel Barbarians, would be the better able to assist, maintain and pro- tect their good Subjects "with the force intrusted to them by God and the Supreme authority. Expressly warning and commanding all and every whom these may concern, to transport their property, previous to Property the time aforesaid, into Villages or HamlQts, on pain aJ^^ose 47 370 After the above date to be con- fiscated. LAWS OF of confiscation of all such goods as shall be found, after the aforesaid time, in separate dwelling and farm-houses. For such the Director General and Council find to be for the Public good. Thus done at the Meeting of the Director General and Council holden in Fort Amsterdam, in New Netherland, 9 February, 1660. Sheriff, Clerk and Deputy Bbeiilf ORDINANCE Of the Director General and Council of New Netherland for inclosing the Village, and for the better Government of the Town of New Utrecht. Passed 23 Fehruary, 1660. [N. Y. Col. MSS. IX. 79.] Whekeas it is found that some Inhabitants who have obtained Lots or Plantations in the town of New Utrecht, and who were ordered and commanded to set off and to fence their Lots and Plantations, and, moreover, to acknowledge Jan Tomasse as their ser- geant, also to obey the said Jan Tomasse and Jacol) van Ciller* as Overseers of the public interests, and their orders given to them by the Director General and Council, notwithstanding which it is necessary that the Village be without delay palisaded by the Inhabitants in general, the Plantations properly secured by posts and rails, and that the Village lots and grounds be fenced or suitably separated, so that the one and the other may not suffer any damage from Horses, Cattle or Hogs. Therefore the Director General and Council, wish- ing to provide therein, and to promote the aforesaid Village and its increase as much as possible in future, have resolved and deemed it necessary that all the Inhabitants of the town of New TTtrecht shall hence- forth acknowledge the person of as their •Sic. NEW'NETHERLAND. 371 Sheriff, and Jacob van Curler for Secretary, with also "f^J^^j Jan Tomasse for Deputy Sheriff, who shall decide all r-Ffvln"* Court; differences as far as they are ablC) enjoying the same Tueir powers. power as all other subaltern Town Courts. Secondly, that they shall collectively set Palisades inhawtantg •' •' •' to palisade around their Village in a proper manner, and the "'^vmage. absentees, if they will not have put some one in their {^^^^^f' stead to cut and set the palisades, shall forfeit every Elaned" day Six guilders for the public benefit. Item. They shall properly fence with ijosts and ^^{.^"j'J^bo rails their Lands and Plantations, and divide the EsS same among each other by lot, so that each one may know what he has to take care of: and whosoever fails persons ' neglecting to keep his share close, whereby another should come {SefrTands, to suffer damage, whether from Horses, Cattle or ale^sYnd"" ° ' a fane. Hogs, shall not only be bound to make good the damage, but, in addition, also, forfeit, for the first time, Twelve guilders ; for the second time, double, and so forth. Item. They shall construct a close fence around },'"ugfbe their Lots in the Village, so as not to cause any '^°" ' trouble to their neighbors by Cows, Horses or Hogs, on the penalty as aforesaid; and the injured party cattie trespass- may seize the trespassing Cattle in the presence of }Sfpounded, one or two men, and place them in the Pound, until S^^ a™" fine are the damage be repaired and the fine paid. p^<^ Item. They shall conjointly construct in the center Mock-^ of their Village, a suitable Blockhouse, where the i** erected: Grist-mill shall be provisionally placed for the public convenience ; whosever absents himself shall be fined 12 guilders for the benefit of the Town. A public Well shall be dug there also, on the Yu^^^ad" penalty as aforesaid. Item. A Pound for the Cattle that may have com- ^s°t°^^boa_ mitted any damage on any person, on pain of forfeit- ing Two guilders for the Public. 372 LAWS OF Boads to be cleared and leveled. Penalty. Persons ready to build, to have tbe choice of lAts. Ordinance to bepub- lisbed, and violators thereof prosecuted. Item. They shall conjointly, whenever necessary, clear and level the Eoads and fell the Trees, in order that men shall be able to see to a far distance ; on the penalty of Six guilders a day. To the end that the Village may be the sooner and quicker settled and built up by one another, the Director General and Council Ordain, that whosoever is first ready to build shall have a preference of choice, even notwithstanding such person's chance may have fallen on a different lot. And in order that no person may plead ignorance hereof, the Director General and Council order and command, that this their Ordinance shall be immedi- ately published and posted. They further charge the Fiscal, Schout, and Deputies to execute it; to prosecute and cause to be prosecuted the contraven- ers and violators thereof, without favor or partiality, for such We have deemed to be for the service of the Village of New Utrecht. Thus done at the Meeting of the Director General and Council, holden in Fort Amsterdam, in New NetJierland, the 23 February, 1660. NEW NETHERLAND. 373 ORDINANCE Of the Director General and Council of New Netherland for the better preservation of the Palisades around the Villages of Midwout and Amesfoort Passed 26 lebruary, 1060. [N. T. Col. MSS. Vm. 99.] "Whbkeas the Director General and Council of preamwe. New Netherland see and observe, to their great regret, that the Palisades set np around the Villages of Mid- wout and Amesfoort, with great pains and labor, by the Commonalty for their more effectual defense, are daily decaying, and will still more and more decay, if seasonable provision be not made against it; And whereas the present circumstances of the country imperatively demand, not only the concentration of Settlements, and the bringing together of all separate dwelling and farm-houses, but, also, the maintaining and putting into a proper state of defense of those places which are already palisaded and set off; Therefore, the Director General and Council afore- said, in order to promote as far as possible this neces- sary work, hereby not only commission and authorize, Magtstratw but also expressly Order aijd command, the Magis- ^^^' trates of the abovementioned Villages of Midwout tStplu^ and Amesfoort, above all things to take care that the Palisades and demarkation be properly maintained and kept in repair. For the better effecting and prosecuting this work, they shall assign, to each of to asmgn the Inhabitants in his respective Village, a certain Lnts^mt''" portion which he must keep in repair, and then, ^^^"Vep without fail, go around themselves in person, every fn"pMtthe 14 days, and inspect the work to see if all of it be in proper order. And the Inhabitants of said Villages g^g*"^^ are hereby, likewise, expressly commanded and SfSJa^" directed, on the order and notification of their respective Magistrates, each immediately to repair, and put in a defensive state, and so to maintain, the 374 LAWS OF Penalty, part that will be assigned to him. Whosoever will be found careless and negligent herein, after having been duly ordered and notified, shall forfeit, for the first time, 25 guilders ; for the second time, double, and for the third time, in addition, be arbitrarily cor- rected. For the Director General and Council find such to be for the best advantage of the Public and of the good Inhabitants in particular. Thus done in Fort Amsterdam, in Netv Netherland, the 26 February, A" 1660. eheriff of Ifew Am.stP.rdam to preserve the preroga- tives and immunirier^ of the West India Com- jaoy; Convoke and preside at the Meetings of Burgo- masters and Bchepens ; propose matters for their delib- eration, and collect the Votes ; Prosecute violators of the JJaws, ORDINANCE Of the Directors of the Chamber at Amsterdam, defining the Powers and Duties of the Schout of New Amsterdam. Passed 9 AprU, 1660. [N. T. Col. MSS. XIII. 103.] 1. In the first place, the Sheriff shall, as the Direc- tor General and Council's guardian of the law in the district of the city of Neiv Amsterdam, preserve, pro- tect and maintain, to the best of his knowledge and ability, the preeminences and immunities of the privileged West India Company, in as far as these have been delegated by previous Instruction to the Board of Burgomasters and Schepens; without any dissimulation, or regard for any private favor or dis- pleasure. 2. In the quality aforesaid, he shall convoke the meetings of Burgomasters and Schepens and preside thereat, also propose all matters which shall be brought there for deliberation, collect the Votes, and resolve according to the plurality thereof. 3. He shall, ex officio, prosecute all contraveners, defrauders and transgressors of any Edicts, Laws, Statutes and Ordinances which are already made and published, or shall hereafter be enacted and made public, as far as those are amenable before the Court NEW NETHERLAND. 375 of Burgomasters and Schepens, and -with this under- standing that, having entered his suit against the aforesaid Ooutraveners, he shall immediatelv rise, But not •' preside In and await the judgment of Burgomasters and Schep- S'c^es; ens, who, being prepared, shall, also, on his motion, pronounce the same. 4. And, in order that he may well and regularly mlwoillpf^ institute his complaint, the Sheriff, before entering pJ-osec" ■^ ° tlons.but his action or arresting any person, shall pertinently l°ref£^^ inform himself of the crime of which he shall accuse SSe'bl committed him, without being empowered to arrest anyone ence'f'"^^" on the aforesaid information, unless the offense be committed in his presence. 5. He shall take all his informations in the pres- ^gf«"^ ence of two members of the Board of Burgomasters fiom."** and Schepens if the case shall permit it, or otherwise in the presence of two discreet persons, who, with the Secretary or his deputy, shall sign the aforesaid informations. 6. Which aforesaid Secretary, with the Court Mes- f^c^Tt senger, are expresslj'^ commanded to assist and be tSSIsftSe serving unto the Sheriff in whatever relates to their respective offices. 7. He shall take care in co41-ecting and prenarinsr information o 11 • => to be taken Informations to act impartially, and to bring to light, ',^t'i?dMai& the truth as clear and naked as possible noting, 2ircSm™°' * c stances. to that end, all circumstances which in any way deserve consideration, and appertain to the case. 8. Item. The aforesaid Sheriff, on learning or being sheriff " ^ empowered informed that any persons have injured each other or Storayth* quarreled, shall have power to command the said ^^°' individuals, either personally or by the Court messen- ger or his deputy, to observe the peace, and to forbid them committing any assault, on pain of arbitrary correction at the discretion of the Burgomasters and Schepens. 376 LAWS OP But not to com- pound with the guilty parties. He shall execute the Judgments of the court of Burgo- masters and ticbepens, Accord- ing to the custom, of the City of Amsterdam, and Take care that copies of all their groceedings e commu- nicated an- nually tothe Director and (TouDcil. Offenses not cognizable by the Sheriff, to be communi- cated to the Fiscal, with- out arrests inc the otlending parties unless In certain cases. Parties m such cases arrested to be surren- dered to and prose- cuted by the Fiscal. Sheriffs fees to be Hxed in New Netherland. Fiscal to proscute the Sheriff In case of malfeas- ance. 9. He shall not have power to compound with any person for their committed offenses, except with the knowledge of the Burgomasters and Schepeus. 10. He shall take care that»all Judgments pro- nounced by the Burgomasters and Schepeus, and which are not appealed from, shall be executed con- formably to the abovementioned Instruction given to the same, according to the style and custom of Fatherland, and especially the city of Amsterdam. 11. In like manner, that authentic copies of all the Judgments, Orders, Acts and Eesolutions to be adopted by the aforesaid Burgomasters and Schepeus, shall be communicated once every year, to the Direc- tor General and Council of New Netherland. 12. And in case he receive any Information or statement of any oftenses, which from their nature, or on account of the offending person, are not sub- ject to his complaint, he shall be bound forthwith to communicate the same to the Eiscal without taking any Information himself, much less arresting the offender, unless in actual aggression to prevent greater mischief, or hinder flight in consequence of the enormity of the crime. 13. Which being d^ne, he shall, as before, surren- der without any delay the apprehended person, with the information taken, to the Fiscal, to be proceeded against by him in due form as circumstances demand. 14. In order that the aforesaid Sheriff shall be the more encouraged hereunto, he shall enjoy, etc.* [This must be fixed in the country yonder, with advice.] 15. Should the Sheriff violate any of these Articles he shall be prosecuted on the complaint of the Fiscal before the Director and Council, to be punished according to the nature of the case. ^> This refers to the Fees of the Sheriff. Tb. 1>NEW NETHERLAND. 377 OEDINAJSrOE Of the Director General and Council of New Netherland excluding all persons who have not obtained their Burgherright, from trading to FortOrange or other parts of New Netherland. Passed 25 May, 1660. [N. T. Col. MSS. IX. 261.] Whereas the Director General and Council of preamwek New Netherland are certainly informed, by the Burgo- masters and Scbepens of this City, and also indeed find, that some newly arrived Traders, Scotch factors and Merchants do, vrithout having applied for and obtained their Burgherright here, undertake not only to sell and barter their goods, but also to transport and send them to Fort Orange and elsewhere, which is directly contrary to, and in violation of, the priv ilege of Burgherright, and the prerogative thereof granted to the good Inhabitants of this City; the Director General and Council desiring, on the Eemonstrance and petition of said Burgomasters and Scbepens, to provide herein, do Ordain that no newly no Mer- ' chants or arrived Traders, Scotch factors, or Merchants, shall ^/ndtt^ef" be at liberty to transport or to send their goods from an" pin of •' '^ "^ Jfew Nether- here to Fort Orange, or elsewhere, within the district jtS^oKtltS of Neic Netherland, unless they have previously SghfJ'and obtained Burgherright here, and, in conformity with |toreinVra» the Order and instructions of the Hon"'® Directors, at'^STe"' weeks. have kept an open store here for some time, at least six weeks ; And all this provisionally, until otherwise Ordained by the Hon'''^ Directors, or the Director General and Council. Thus done in Fort Amsterdam, in New Netherland, date as above. 48 378 LAWS OF Rnnners Dot to be employed ac Ibrt Orange, ii> the Indiau Trade. No per- son to go beyond the houses on the Hill, or to the water- Bide in search of Indians. Penalty. ORDIZSTANCE Of the Vice-Director and Commissaries of Fort Orange against employ- ing Brokers in the Indian Trade. Passed 31 May, 1C60. [N. T. Col. MSS. XVI. part HI. 155.] The Commissary of Fort Orange and Commissaries of the Village of Beverwyclc, being assembled respect- ing the manifold complaints of the Commonalty in regard to the Trade, have, by plurality of votes. Ordained, as they do hereby Ordain provisionally for this year, that no Brokers, either Christian or Indian, shall be employed, but that the Indians shall, with- out being requested or called upon, trade their Bea- vers wheresoever they please. Also, it is [not] allowed to any person to go on the Hill as far as the houses extend, to inquire where the Indians will be, or to the Strand where the Indians land, on the pen- alty of a fine of Three hundred guilders, and suspen- sion of business for the term of two months, for such as will be found to have acted contrary hereto ; to be executed without any dissimulation or regard of persons. And in the absence of the OflBcer, another person shall be appointed in his place for the enforce- ment hereof. Done in Fort Orange the Last of May, 1660. NEW NETHERLAND. 379 ORDINANCE Of the Direetcr General and Council of New Netherland providing for the safe transmission of Letters to Holland. Passed 2 June, 1G60. [N. T. Col. MSS. IX. 276.] Eesolution adopted by the Directors of the West India Company at the Chamber at Amsterdam, on Thursday, the 30 October, A.° 1659. It being ascertained that private Letters in New preamwe. Netherland and Curacao are not, by order of the gov- ernment there, in accordance with ancient usage, as is the custom in Brazil, packed in a sealed bag sent to the Company by the Supercargoes, or even by the Skippers of the ships which frequent that sea, for the accommodation of the Merchants thereabout, as the Company intend, but that private Skippers coming over here ordinarily take them with them, and oftentimes direct them badly or very late, it is, therefore, resolved and concluded, in order to rees- tablish the aforesaid ancient regulation, that hence- forth in the particular Bond of the Skippers who Jfp,'^!j^, trade to New Netherland as well as to Curacao, there ^Bo"n"not° shall be inserted: "And have forbidden them to %?""s'o bring hither privately any more Letters, on pain of mmJ^^Zi 1 ^-^ t • T 1 • 1 ^^ Curacao, One Hundred Carolus guilders each time they will ^^^^f^^^ from persons authorized be found to act contrary hereunto, but to have them directed at the place to be designated at their J^^™"^^' respective localities, by the Director General of Neto Netherland, and the Vice-Director of Curacao ; " both which Officers shall then accordingly be instructed and ordered to provide for the collection and trans- mission thereof hither, in the aforesaid manner, by every ship, which shall be done here also in the best possible manner. Agrees with the aforesaid Eecord, 0. VAN Seventeb. 380 LAWS OF To the end that no person plead ignorance, the foregoing Extract is posted, with the following : OEDDfAFCE. By virtue of the preceding Eesolution, all Skip- pers, Sailors and Passengers who are sailing out, are hereby warned not to take with them any private Letters, upon the penalty in the foregoing Eesolution Box expressed. In order that Letters may, accordingly, dSiu^aT' he conveyed more certainly and better, a box is sccreta^y^^' appropriated at the OfBce of the Secretary of the rMlptfo'nof Director General and Council, in which Letters are Letter' to be deposited, and if anyone require a receipt for mav be registered jjls Lcttcr, It shall bc glvcu him by one of the clerks. Fee for aud the Letter recorded on a list, on condition of Beglstry. ' paying 3 stivers in Wampum therefor. ORDINANCE Of the Director General and Council of New Netherland, for the more regular Recording of Judgments, &c., in the Inferior Court of New Amsterdam. Passed 7 June, 16G0. [N. T. Col. MSS. IX. 293.] Preamble. AVherbas thc Dlrcctor General and Council of Neiv Netherland are informed, and indeed have fonnd, that many Judgments and Decisions rendered and pronounced by the Burgomasters and Schepens of this City, have been recorded by their Secretary without such having been revised, as they ought, or submitted for the signature of the President, the result of which is, that Instruments are not drawn up according to the real intent and meaning of the said Burgomasters and Schepens ; in order to pro- cierkof the vide agaiust this in future, the Director General and City Court " Mtr^teof^ Council do Ordain and command the Secretary of o?ofher° the Inferior Court of Justice of this City not to Acta, unless «^ execute any extracts of any Judgments, Decisions NEW NETHERLAND. 381 or any other Acts of importance, unless they have p^^^'^i'^^ been revised and signed in the Eegister, as they ?Jfe"c2.!rt ought, by the Court, or at least by the President. Thus done in Fort Amsterdam, as above. ORDINANCE Of the Court at Fort Orange prohibiting Runners going into the Woods to trade with Indians. Passed 28 June, 1660. [N. T. Col. MSS. XVI. part HI, 175.] The Worshipful court of Fort Orange and vil- ^sa^we- lage of BeverwycTc having heard the earnest com plaints of the Mohawks, being some of their chiefs, in regard to the disorderly conduct of the Dutch toward them in the "Woods who run up and down on horseback, not only taking their Beavers by force and carrying them off, leaving the Indians to run after them, but also shove and beat them as is more fully to be seen by the complaints made by said Mohawks to the Court. Such excesses and insolence being altogether contrary to the welfare and peace of this place, and apparently tending to produce a war between us and the Motawks; their Worships, finding themselves officially bound to pro- R™"™ vide therefor, have resolved to forbid, as they do fsHrmii hereby prohibit, all Inhabitants of this place to rove Sm.'^° the Woods as Brokers for the purpose of drawing the Indians with Beavers to themselves, on pain of being subject to a fine of Three hundred guilders, penalty. and suspension from trade for one year. Thus done in the Court of Fort Orange the 28 June, A° 1660. 382 LAWS OF ORDINANCE Of the Director General and Council of New Netherland renewing the Ordinance against resorting to the North and South rivers without a Permit. Passed 2 July, 1660. [N. Y. Col. MSS. rx. 318.] Preamble. Wheebas the DirectoF and Council of New Neth- erland fiud by experience that their published Ordi- nance enacted respecting Yachts and Sloops, issued on the 10 March, in the year 1648, is not duly observed and obeyed, but that many pretended Skippers, who are not Burghers of this City, or pro- prietors of real estate in this Province, do, contrary to the said Ordinance, resort to and navigate the South and North rivers of New Netherland, without having applied for and obtained a proper commis- sion for so doing, which is directly contrary to the aforesaid Ordinance, therefore the Director General No person and Council, renewing the aforesaid issued Ordi- to resort to ^ orN'onh" nance, do hereby warn all and every who as Skip- fitlJt'enmg pers wish to resort and navigate the Eivers aforesaid places with- *■ SSislon.""' and the places situate between both, with any Ships, Yachts or Sloops, j)reviously to apply for and obtain a proper commission in due form. We Order and command our Fiscal not to grant any Passes to any person, unless he first exhibit such commission to him. Done at the Meeting of the Director General and Council holden in Fort Amsterdam in Neiv Nether- land, the 2 July, A° 1660- NEW NETHERLAND. 383 ORDINANCE Of the Director General renewing the Ordinances for the regulation of the Fur trade, and forbidding the Sale of Liquor to Indians at Fort Orange and Rensselaer wyck. Passed 21 July, 1660. [N. T. Col. MSS. IX. 349.] The Director General of New Netlierland and preamwe. the Commissaries, having heard and examined the complaints respecting Eunning in the Woods and the mischiefs consequent thereon, have been, as yet, unable to discover any better expedient than to renew and maintain the Ordinances heretofore enacted on that subject, to wit : That no person, of what nation or quality he ?J"b^8°nt°" may be, shall directly or indirectly send any Chris- wo°oS'to intercept tians or Indians as Brokers into the Woods, either Indians. with or without presents, to fetch or entice any Indians, on the fine formerly affixed thereto and inserted in previous Ordinances. Secondly, no person shall be allowed to take from foTe Taken Indians, either in the Woods, without or within the ansonlhe ~ 1 TT plea Of Settlement, Houses or places, any Beavers, to carry S"uf them for the Indians, either on Hori^es, Carts or even ptS!"^'' on their backs, on a like fine. Thirdly, if it should come to pass that any Indians, JSfon"ngto either voluntarily, or induced so to do by other ^'.'i^tllhi *■ deprived Indians, should come with their Peltries into any ^[^J^% Houses either without or within the Village of Bever- llZg"^^ ___ wher6ver wtjclc, Fort Orange or Colonic of Hensselaerivyclc, no tteypiease. person, of what Nation or quality he may be, shall either take th6 Peltries from such Indians against their will, or obstruct the passage of, much less impede, prevent or hinder, the Indians going with their Peltries wheresoever they please ; and although he had either advanced, or caused others to give, any present on the Peltries, all such gifts or presents shall not only remain forfeited for the benefit of the Indian penalty. 384 LAWS OF Ordinance aeaEnst fur- nishing Ijiauors to Indians renewed, and To be strictly- executed. In prosecu- tions under this Law, the accused must prove his inno- cence. or Indians who may have received them, but he shall pay, in addition, Twenty-five pounds Flemish for the Officer who enforces and executes this Law. Fourthly and lastly, the Ordinance and Eegulation heretofore enacted by the Director General and Coun- cil aforesaid respecting the sale, giving or presenting of Wine, Brandy, Strong liquor or Beer to Indians, is hereby renewed, and the Sheriffs and officers, both of the Village of Beverwyck as well as of the Oolonie of JRensselaerwycIc, are hereby ordered and commanded this and the previously enacted Ordinances, Order and Eegulation more strictly to enforce and to exe- cute, as it ought to be, and in case they may lack sufficient proof against the Oontraveners who may be accused before the respective Courts, the Commis- saries of the Court respectively may, upon probable indication, oblige the accused to purge himself, and if he refuse, condemn him according to the exigency of the case. Thus done in Fort Orange in New Nefherland, the 21 July, A" 1660. ISTEW FETHERLAITD. 385 ORDINANCE Of the Director General of New Netherland, imposing a Tax on Cliimneys at Fort Orange. Passed 25 July, 1C60. [N. T. Col. MSS. XVI. part HI. 198.] Wheeeas the Commissaries of Fort Orange and irewnwe. Village of Beverwyck have at one time and another represented to us the heavy expense they have under- gone and incurred ■with our previous knowledge in putting up a Plank Fence at this place against a sudden incursion of Barbarians, and other out- lays made for the repair of Bridges, &c., -whereby the Public Treasury is very much exhausted, and many persons remain still unpaid for their materials, to supply -which they have resolved to tax each i^Lsedon Chimney once Three guilders, -whereunto requesting F^Torl^e, our approbation and ratification. Therefore we Order '*<^"- and command all Inhabitants included -within this settlement to pay the Chimney money on pain of execution. Done in Fort Orange the 25 July, A° 1660. (Signed,) P. STUYVESANT. 49 386 LAWS OF ORDINANCE Inferior Court erected at J£ti£rlcm. Names of Hagiatratcs, Jurisdic- tion of the Court. Benior Magistrate to act as Sherlir. Further powers of the Court. Eiglit of Appeal in actions exceeding GO guilders. Of the Director General and Council of New Netherland, erecting & Court of Justice in Haerlem. Passed 16 Avgust, 1660. [N. Y. Col. MSS. IX. 371.] The Director General and Council of Neiv Nether- land, To all those who shall see or hear these Presents read, Greeting, make known. That for the benefit of the people, for the further promotion and advancement of the newly commenced Village of Haerlem, and for the more convenient administration of Justice, they have deemed it neces- sary to erect, in the aforesaid Village, an Inferior Court of Justice, which shall, provisionially, consist of the three undernamed Commissaries, to wit: Jan Pietersen, Daniel Terneur, Peter Cresson ; before whom, in the first instance, shall be brought all Questions, Actions, and Differences arising in the said Village between Lord and Vassal, Master and Servant man, Mistress and Maid, Neighbor and Neighbor, Buyer and Seller, Lessor and Lessee, Mas- ter and Workman, and other such like; Item, all criminal actions consisting of Acts, Threats, Fight- ing or Wounding, whether moved and instituted by parties, or by the senior Commissary, who, until further Order, shall represent the Sheriff in that place. Said Commissaries shall do justice, to (he best of their knowledge, between parties appearing before them, and may decree the providing of a Deposit, Discharge, or Definitive condemnation, as the cir- cumstances of the case shall authorize. But any party feeling himself aggrieved may appeal to the Director General and Council of New Netlierland, according to custom here, from all judg- NEW NETHERLAND. 387 ments exceeding Fifty guilders, pronounced by said Commissaries. And said Commissaries are hereby specially com- Magu- missioued and authorized to enact proper Ordinances, fSrtenlZl that the arable Lands and Gardens be carefully ana"""' fenced, kept inclosed, and the broken fences properly repaired. They hereby command all Inhabitants of the aforesaid Village, who are already or who will hereafter come there, to respect and to acknowledge J^^^^t^ the aforesaid Commissaries for such as they are """""^y'*- hereby qualified, and all that, until it be otherwise ordained by the Director General and Council afore- said. Thus done at the Meeting of the Director General and Council, holdea in Fort Amsterdam, in Neiv Netherland, the 16 August, 1660. ORDINANCE Of the Director General of Wew Netherland directing the Fencing and Improving of the Lands and Lots at the Esopus. Passed 25 November, 1660. [N. Y. Col. MSS. XIV. 41.] All persons who lay claim to any Lands or Lots ^°^^^ in or around the settlement of the Esopus, whether andlm-^" proved on within or without the Portress are hereby [notified] 5g[Sr''e"'"'" to prepare and get ready, between this and next month, Timber and Palisades, and to fence and build on the Lots as that ought to be done, on the penalty of being deprived of the Lots, Gardens and Lands which they have obtained and being fined 25 guilders for the behoof of the settlement. Every one is hereby warned to take heed of loss. Done at the Settlement of the Esopus this 25 November, 1660. P. STUYVESANT. 388 LAWS OF ADDITIOML PRIYILEGES Granted by the Directors in Holland to tlie Colonie of the City of Amsterdam, in the South Eiver of New Netherland. 21 March, 1661. [N. T. Col. MSS. XIV. 37.] 4™?'of" ~ With regard to the appointment of a Sheriff, this l^"l™te!, is granted to the City of Amsterdam, in the name granted to !?»wto^dam. of their High Mightinesses and the West India Company, as specified in Article 13, provided he talie the oath of allegiance to their High Mighti- nesses and the Company. ^^T'lLui ^^^ amount to which the Schepens of Neiv Amstel ?eHn?teiy In may glve their judgments is raised to the sum of suits or 600 "^ ° •> o S'crimi'nri' Si^ hundred guilders, and no Appeal is allowed in SSftAroSi. Criminal cases, and the Director General and Council shall be directed not to grant a reprieve except con- formably to the Laws of this country. to^New With regard to the free conveyance of private beTrought Shlps and Goods, the same is wanted to the Colonie to the Com- '^ ° ISd^t'he^r^" of Neiv Amstel, upon the footing and regulation in ™aTmlnt°Sr forcB in this country and at New Amsterdam in the the Duty. shippmg of Goods, to wit : that they must be first carried to the Company's magazines and be there marked, provided payment of the duty is made here and in Neto Amsterdam. NEW NETHERLAND. 389 ORDINANCE Of the Director General and Council of New Netherland, erecting a Court of Justice at Busliwyck. Passed 31 March, 1661. [N. Y. Col. MSS. IX. 570.] The Director General and Council of New Nether- land, To all those who shall see these Presents or hear them read, Greeting, make known. That, for the benefit of the people, for the greater Preamwe. promotion and advancement of the newly commenced Village of BusJnviclc, and for the more convenient administration of Justice, they have deemed it neces- sary to erect in the aforesaid Village an Inferior inferior Court of Justice, which shall provisionally consist of SSfic*. the three undernamed Commissaries, to wit : Peter ^f"^°^l^^ Jansen de Witt, Jan TiJje, Jan Cornelissen, before whom, in the first instance, shall be brought all Questions, Actions and Differences arising; in the Jurisdic- ^ " Hon of the said Village between Lord and Vassal, Master and °°""- Man-Servant, Mistress and Maid, Ifeighbor and Neighbor, Buyer and Seller, Lessor and Lessee, Master and Workman, and other such like : Item, all Criminal actions consisting of Deeds, Threats, Fight- ing and Wounding, whether moved and instituted by parties or by the senior Commissary, who, until senior •' '^ •' J 1 1 Magistrate further order, shall represent the Sheriff in that place. shtriiT Said Commissaries shall do justice, to the best of further powers their knowledge, between parties appearing before '^^'SS, them, and may decree the providing of a Deposit, Dismissal, or Definitive condemnation, as the cir- cumstances of the Case shall authorize. But any party feeling himself aggrieved may Eight of Appeal appeal to the Director General and Council oi New l^''^^^^ Netherland, according to the custom here, from all STgSiae"^ judgments exceeding Fifty guilders, pronounced by said Commissaries. 390 LAWS OF Magistrates to enact law.s for fencing of Lauds, and To be respected and obeyed. And said Commissaries are hereby specially com- missioned and authorized to enact proper Ordinances that the arable Lands and the Gardens be carefully fenced, kept inclosed and the broken fences properly repaired. They hereby command all Inhabitants of the aforesaid Village who are already, or who will hereafter come there, to respect and acknowledge the aforesaid Commissaries for such as they are hereby qualified ; and all that until it be otherwise Ordained by the Director General and Council afore- said. Thus done at the Meeting of the Director General and Council holden in Fort Amsterdam in New Netli- erland, the 31 March, 1661. ORDINANCE Represen- tHiion or the Magistrates of Amai' and ima- lonut to have, each, an Inferior Conrt of Justice, with one Hheriff who is also to be Clerk. Of the Director General and Council of New Netherland erecting separate Courts of Justice for Midwout and Amesfoort. Passed 31 March, 1661. [N. T. Col. MSS. IX. 573.] On the representation made to the Council by Elbert JSlbertsen and Peter Cornelissen, Schepens in the Village of Amesfoort on Long Island, that much loss of time and much trouble are entailed, both on themselves and on the Inhabitants of Amesfoort, by said Villages having conjointly only one Bench of Justice, whereby those of Amesfoort must go most of the time to Midwout to Court, since it sits there three-quarters of the year and only one-quarter at Amesfoort; and having heard the opinion of the Sheriff" and Secretary of said Villages, It is by the Director General and Council resolved, for the more convenient administration of Justice, to favor, as they do hereby favor, each of the said Villages, apart, with an Inferior Court of Justice, and both Courts NEW NETHERLAND. . 391 shall be attended by one Sheriff, who, until farther Older and greater increase, shall act also as Secre- Each court *^ -to consist of tary, and shall consist, beside the Sheriff, each of i^/afiS^. three Schepens, in -which office the Director General and Council continue and hereby confirm for the Court of Miilwout, for the present year, Jan Snediclcer, gl^^frltes Jan Stryclcer, William Willemsen. ot'%iau:out For the Court of Amesfoort, Elbert Elbertsen, Feter ^j*/"*"- Cornelissen, and Simon Jansen. Which aforesaid Schepens shall regulate them- JfrfMSlc'h selves, until further Order, by the Instruction hereto- {hem°eof fore granted on the 6 March, 1654, to the Inferior Court of Justice of the Villages of Midwout and Amesfoort, and in all occurring cases maintain good correspondence and friendship with each other. Thus done at the Meeting of the Director General and Council holden in Fort Amsterdam in New Netherland, 31 March, A° 1661. ORDINANCE Of the Director General and Council of New Netherland, farther reg- ulating the Weighinghouse. Passed 11 April, 1C61. [N. T. Col. MSS. IX. 582.] All Goods and Merchandises subject to the Scale, w^glfedb'y or Weight, shall, before they are sold, brought into ™^J«^'gji^ or carried out of this City, be weighed by the sworn Weighmaster, for which the buyers and sellers con- jointly, or otherwise the buyer or seller alone, accord- ing as it shall be stipulated in the condition of sale, shall pay for weighmoney in Beaver or in Wampum, 12 White or 6 Black [beads] for one stiver, as fol- lows: 392 LAWS OF Fees of the Weigh- bouse. For fractions of 100 lbs. All sorta of Silk goods, Spun- Silk, Cochineal, or Saffron, Candles, Tobacco, Sarsaparilla, Sassafras, Elephants' teeth, All sorts of Dyewoods, Cotton and Cotton Yam, Wool and Woolen Yam, Dried hides. Copper Kettles, Butter, Cheese, Starch, Stockfish hout, Hops, Grease, 15 Stivers $ cent. Goods to pay Weigb- rees a.^ otten as sold ' B Stivers per cent. Indigo, Preserves, Sugars, AU sorts of Spices, Spanish leather, Beavers, Dried Fish, Salted meat. Pork, Tallow, Pitch, Sulphur, Harpuys, Cordage, Lead, Copper, Raisins, Iron, Prunes, Rice, Hard Bread, Meal, 10 Stivers per cexLt. 4 Stivers f cent. But may be delivered from siiip to sliip or liouse t.'> house, on payment of the fees. And for all odd quantities, weighing more or less than One hundred pounds, there shall be paid, from one to 25 pounds, one-fourth part of the hundred ; from 26 lbs. to 50 lbs. inclusive, half fee ; from 51 to 75 lbs. S of the hundred, and above 75 lbs. to a hun- dred lbs., full fee. But inasmuch as a man may- deliver, at the same time, to one and the same person, more than one quantity of the same sort of Goods, all said quantities or weights of the one shall be added to the other, and payment made therefor according to the product of the whole ; and for each lot or draft weighed, shall be paid | of one stiver. And all Goods subject to be weighed, or that are to be sold by weight, shall pay the Weighmouey as often as they are sold, transported, transhipped or removed. But in order to avoid the heavy charge for labor, with which Goods may be burdened, in carrying them to, and bringing them from, the Weighing House, either in Cart, Sleigh, or Boat, the delivery may be made from ship to ship, or from house to house by the shortest and quickest way ; provided that, before the transportation or removal take place, the Weighmaster be notified thereof, and NEW NETHERLAND. 393 the Weighing fee be paid ; on paia of forfeiting the penalty Wares and Merchandises, or the just value thereof, or otherwise, according to the discretion of the Hon- orable Director General and the Supreme Council. Item. Any Wares or Merchandises sold by the lot g^°g|f°['\„ or parcel, shall not be delivered before and until they prio/tf*'* . ITT. . T delivery, are weighed, but the contracting parties can send for the Weighmaster, the scales and weights in loco, and have the Wares and Merchandises weighed there But may be weighed on and so delivered, on paying the Weighmaster four {g^e8.''oS5ay- guilders per day, and the like sum for the use of the ^S!' " scales and weights ; but if the buyer or seller have his own scales or weights, it will be suflScient for him to pay only the Weighmaster. Only the Goods and Merchandises which are Good., exempt brought to, or received at the Weighinghouse, and fteTor"^* belong to the Hon^'^ Company, to this City, to the '^"^'""^■ Board of Deacons and other Charitable Institutions, being really and truly their property, and to be con- verted to their use, shall be exempt from the fee for ■weighing; All which the Weighmaster must weigh gratis, and for God's sake. The Director General and Council reserve to them- Bight of altering selves, with the advice and ratification of the Hon"'" r^erv^. Directors, the Lords and Patroons of this City, to alter, diminish, or to enlarge this Eegulation accord- ing to the circumstances of the time and condition of affairs. Whereas divers complaints are made by the Weigh- master, in regard to the trouble and diflSculties he experiences in collecting the fees for Weighing, inas- J"e»^. ^ much as some persons make him rim after them a bl^aid'" year and a day, and that frequently for small sums, fe™^»j« therefore, the Director General and Council do Ordain that, from this time forth, the fee for Weigh- ing shall be promptly given and paid to the Weigh- master, before the Goods are removed elsewhere from 50 394 LAWS OF the "Weighiugliouse, unless the Weigbmaster consent thereto. Thus done, in Fort Amsterdam, in New Netherland, this 11 April, A" 1661. ORDINANCE Inhabitanta, o[ Jiengsel- a^rewyck •forbidden goine: or Bending any person up tlie River or into tbe Woods, to entice Indi- ans for trading purposes. Penalty. Of the Director and Council of Rensselaerswyck forbidding the trading with Indians in the Woods. Passed 25 March, 1661 ; Approved 2o April, 1661. [N. Y. Col. MSS. IX. B91.] Whereas the killing of Horses, Cows, Hogs, and the damage to Bouweries, &c., by the Indians of these parts, in consequence of tbe Trade carried on ■with tbena, and by some idle stragglers among them, and those who come hither on that business from some other place, have, to the regret and serious damage of the Oolonie Bensselaersivych, been more and more experienced. Therefore, the commis- sioned Director and Council of the Colonic aforesaid, in order to provide therein as much as possible, do hereby expressly interdict and forbid the luhabitauts of the Colonie and all and every vthoin these may concern, or who are found within the precincts of this Colonie, of what condition or quality they may be, going up the Eiver with boats, or into the Woods, or roving anywhere else outside their houses or lodgings, or sending any person out to entice or drag Indians in, or accompanying them out of doors in order to trade directly or- indirectly with them, on the penalty of Fifty guilders, and the forfeiture of the Peltries or goods, and also the Boat or Canoe which shall be found with such contraveners and violators hereof. Compared by me, (Signed,) D. v. Schelluyne, Secretary. NEW NETHERLAND. 395 The i)receding draft of an Ordinance being read J?^^"'<=»- and considered, the Director General and Council of New Netlierland do not only hereby approve the same, but command the OfiBcer of. that Oolonie duly to put the same into execution after having been properly published and posted, together with the Edicts and Ordinances of said Director General and Council heretofore enacted on the same subject, against all Contraveners and Violators, and they -will also write to and order the Vice-director and Commissaries of Fort Orange and Village of Beverivycic, to the same effect. Thus done in Fort Amsterdam in New Netlierland, 25 April, 1661. ORDINANCE Of the Director General and Council of New Netherland for the erection of a Court of Justice at Wildwyck. Passed 16 May, 1661. [N. T. Col. MSS. IX. 607.] Petrus Stuyvesant, on hehalf of High and Mighty Lords States General of the United Netherlands, the Hon"'* Directors of the Incorporated West India Company, Director General of Netv Netlier- land, Curacao, Bonaire, Aruia, and their depend- encies, together with the Council, To all those who shall see these Presents, or hear them read, Greeting, make known. Tha-T their Honors do not hope or wish for any preamwe. thing else thau the prosperity and welfare of their good Inhabitants in general, and in particular of the People residing in the Village of Wildwyclc, situate in the Fsopus, and in order that such may be effected and preserved with greater love, peace aud unity, and to manifest and, indeed, to prove to every Inhabitant of the abovemaned Village the 396 LAWS OF Inferior Court of Justice erected in Wildwyck, Eight of Appeal reserved. Qualifica- tion of Mag- istrates. Court to consist of a tictiout, to act as pres- ident, and Three Bchepens. Names of the Schepeus. Court to decide Civil actions to the amount of 50 guilders, without appeal. effect thereof, the Director General and Conncil aforesaid, considering the increase and population of said Village, have therefore resolved to favor its Inhabitants with an Inferior Oonrt of Justice, and to constitute it, as much as possible and the circum- stances of the Country permit, according to the laudable custom of the City of Amsterdam in Sol- land, but so that all judgments shall remain subject to reversal by, and an appeal to the Director General and Council of Neiv Netherland, to be by their Honors finally disposed of. In order that all things there may be performed ■with proper order and respect, it is necessary to choose, as Judges, honest, intelligent persons, owners of real estate, who are lovers of peace and well aflfected subjects of their Lords and Patroons, and of their Supreme government established here, pro- moters and professors of the Reformed Eeligion, as it is at present taught in the Churches of the United Netherlands, in conformity to the Word of God, and the order of the Synod of Dordrecht. Which Court of Justice, for the present time, until it shall be herein otherwise Ordained by the said Lords, Patroons, or their Deputy, shall consist of one Schout, being on the spot, who shall, in the name of the Director General and Council, convoke the appointed Schepens and preside at the Meeting; and with him, of three Schepens, to which office are, for the present time and ensuing year, commencing the last of next May, elected, and on having taken the Oath, are confirmed by the Director General and Council, Evert Pels, Cornells Baerentsen Sleght and Elbert Heymans Rose. Before whom all matters touching civil affairs, security and peace of the Inhabitants of the Esojms, also justice between Man and Man, shall be brought, heard, examined and determined by definitive NEW TsTETHERLAND. 397 judgment to the amount of Fifty guilders and under without appeal ; when the sum is larger, the gS^^^J'Jums aggrieved party shall be at liberty to appeal to the fo the'""'^ Director General and Council aforesaid, provided a°<»c;ouncu. that he enter the appeal within the proper time* and give security, according to law, for the principal and costs of the suit. In case of disparity of votes and opinions on any JJ|Jgj,'*Jt°' occurring cases, the minority shall coincide with the Eiffhi""' majority without anj' contradiction. But those who are of a different advice and opinion can cause their Minority ^ may have advice and opinion to be entered on the roll or J,^f;f,on3 record : but in no wise make public their rendered bTnot ' ' ^ divulged. advice outside the Court, nor make it known to par- ties, under arbitrary correction at the discretion of the Court itself. The Schout shall, pursuant to the first Article, pre- ^*™tto^^ side in the meeting, and collect the votes; also act *'="^°'^"' as Secretary until further order and increase of the population. But if he have to act for himself as a Except he * '^ be a party party, or in behalf of the right of the Lords Patroons, llti^^J'^mc or in behalf of justice for the right of the Fiscal, in '"°*"" "''• such case he shall rise up and absent himself from the Bench, and then have no advisoiy, much less a casting, vote ; but one of the senior Schepens shall, l^sLp'en in such case, preside in his place. prSdent* What is set forth in the preceding article of the ^j?g™| Schout, shall also apply to the Schepens, whenever whelfpir par- ties in a suit, any cases or questions arise in the aforesaid Court "fJSch'"^ between themselves as parties, or between others ''""*^" related by consanguinity to the appointed Schepens, such as brothers, brothers-in-law or cousins in the first or direct line. All Inhabitants of the Usojms shall, until further J?^^"** Order, either of the Lords Patroons or their Supreme t^'sall"'* Couit. •Ten days. Wassenaer, Praxis Judieieel, Tr. 398 LAWS OF Court to Bit once a fortnight, except in harvest. Scbepens to appear on proper notiiication at the time appointed on pain of being fined; President, It' absent, subject to double fine, unless In cases of sickness or absence. Penalty for appearing too late. Provision for Extra- ordinary Courts. Costs in fiuch cases. I Cases of Crime to be referred to the Director and Council; but Court may arrest, and Imprison persons charged with crime, until sent to New Arrutter- dam, with the Intbrma- tlon against them. government, be amenable to, and subject to be cited before said Scbout and Commissaries, who sball bold their Session and Court meeting in the Village afore- said once a fortnight, harvest time excepted, unless necessity and circumstances otherwise require. In order to provide the good Inhabitants of Wilt- wyclz with cheap and inoppressive justice, the Scbout, as president, and the Scbepens of the Court, must, for the convenience of parties, appear on the Court day, and at the place appointed, on the fine of Twenty stivers, to be at the disposition of the Board; they being notified, at least twenty-four hours before the Court day, to appear, by the Court messenger, to be appointed by the Director General and Council ; and doable as much for the President, unless excused by sickness or absence. If appearing too late, and after the appointed hour, the fine shall be Six stivers. Extraordinary Courts shall not be ordered at the cost and charges of parties, except on the application of both parties, under submission to costs on loss of the suit, which costs shall previously be deposited by the applicant or appellant, to wit : For each Schepen, Fifty stivers ; for the President, Three guilders, besides the provision for the Clerk and Court messenger, to be hereafter appointed, and other ordinary costs according to law. All cases of Crime shall be referred to the Direc- tor General and Council of New Netherlands saving that those of the Court may, and are bound to appre- hend, arrest, and to detain and hold in confinement, all Criminal delinquents until they can send them under proper guard to the Supreme government, and, in the meantime, take good and correct information touching the Crime committed, at the cost of the Criminal or the Treasury, and such transmit the same time with the delinquent. NEW NETHERLAND. 899 Minor offenses, sucli as Brawls, Injuries, Scolding, wisde- nieunora, Striking with the fist, Threats, simple Drawing of a ^.TpX Knife or Sword without assault or bloodshed, are left ^o^fT ^ ' decided and to the adjudication and decision of the Court afore- bj-'t"bf^'' said, in which cases the Schout there sliall have power to act before the Court as prosecutor, saving, gf^";-^, nevertheless, the clause of Appeal, in case the con- p™^^""'"- demned may find himself aggrieved by the sentence Jjfp^e'J' of the Court. '^^"^"'• All cases of Major crimes, and delinquents charged l^^°^i of with Wounding and Bioodsheddinjr, Whoredom and ^":'and'tue ^ '^ informa- Adultery, public and notorious Theft, Eobberies, cas"e"tSb1° Soinggling of Contraband articles. Blaspheming and Director " "^"^ - ' f n General. profaning God's holy name and religion, Slandering and calumniating the Supreme Government or its representatives, shall, after the information, affida- vits and testimony have been taken, be referred to the Director General and Council of New Nether- land. Should the situation of affairs so require that the President and Schepens consider it necessary, for the greater security of the peace and quiet of the Inhabit- ants, to enact, in the absence of the Director General and Council, some Ordinances for the greater advan- Court tage and contentment of the aforesaid Village empowered and Court in the abovementioned district, respecting LocJfBy-" *■ ^ laws or Surveys, Highways, Outlets, Posts and Fences of °^&"mi? Lands, laying out of Gardens, Orchards and such like &p^o°l\'ot 'JO the Director matters that may most concern the flat country a^icouncu. and agriculture ; also, in regard to the building of Churches, Schools and similar public works, and the means how and by which the same are to be effected, they are to commit to writing their opinions there- upon, and deliver them to the Director General and Council, with the reasons upon which they are founded, annexed, in order, if such be deemed necessary and useful, that they may be confirmed, 400 LAWS OF approved and ordered by the Director General and Council. HMa^, Said Schout and appointed Schepens shall also be ordinan- partlcularlv careful, and be bound strictly to observe ces of the '^ ■' ,. -T-i 1 cou^n^uo"'' ^Dd cause to be observed, the Laws of oxir Father- beobserved. j^^^^ ^^^ ^-^^ Ordinances and Edicts of the Hon"' Director General and Council heretofore Ordained and published, or hereafter to be Ordained and pub- lished, and not to suffer anything to be done contrary thereto, but to see that the contraveners be pro- ceeded against according to law. Noordi- Said Schout and Court shall not have power to DaDces to be Sibtoh^, enact, publish, much less to post up, any Ordinances, com|nt''of Edicts, or such like Acts, except with the previous the Director ' ' x- a and Council, knowledge and consent of the Director General and Council. Court The Schout and Schepens shall also be particularly SJ'RilhM^ careful, and be bound to assist the Hon"'* Directors, lt"vMor°^' as Lords and Patroons of this Province of New the West pSn^*"'™' Netlierland, under the Sovereignty of their High Mightinesses, the Lords States General of the United Netherlands, and them to help to maintain in their Supreme Jurisdiction, Eight and Domains, and all other their Prerogatives. Provision Whcreas, it is customary in our Fatherland and for chooBjng ' ■' trMe^*^"^" other well regulated governments, that some change be made annually in the Magistracy, so that some new ones come in, [and] a few continue in order to ^se?ve"tu? inform the new ; the Schepens now appointed shall pay of 8eu"era, duo attcntiou to the conversation, demeanor and fit- rlpOTt\h'e ^^^'^ ^^ honest and decent persons, inhabitants of their ??^Mper- respective Village, in order to be able, about the time election. of changing or election, to furnish the Director Gen- eral and Council with correct information, as to who may be found fit, so that some may be then elected by the Director General and Council. NEW NETHERLAND. 401 Thus done and given, at the Meeting of the Director General and Council, holden in Fort Amster- dam, in New Netherland, the 16 May, A" 1661. Note. — On 25 April, 1664, the above Ordinance was, on petition, so Court far modified, as to authorize the Court of Wildwyck to enact By-laws, to enact pro- and Ordinances, such as the circumstances of the place and the settlers Town-^Lws may require, on condition that they first submit them, with reasons '" Winter, on which they are grounded, to the Director General and Council for their approbation, and obtain the same, unless such could not be done in consequence of the Winter season. In that case, the Court was empowered to issue and execute provisional Ordinances, provided they submit them on the earliest opportunity, to the Director, ^^ °' between themselves as parties, or between others related by consanguinity to the appointed Schepens, such as brothers, brothers-in-law and cousins in the first or direct line. All Inhabitants of Bergen shall, until further inhabitants •^ ' of Bergen Order, either of the Lords Patroons or their Supreme STstSd"'* government, be amenable to and subject to be cited before said Schout and Commissaries, who shall hold their Session and Court meeting in the Village afore- ^^f„'?„|'^ said every 14 days, harvest time excepted, unless Si?',"' necessity and circumstances otherwise require. In order to provide the good Inhabitants of Bergen ^^'^^'J^ with cheap and inoppressive justice, the Schout, as SSuonat"' president, and the Schepens of the Court, must, for ggSp^gJ^f the convenience of parties, appear on the Court day, '"'"^ ""'*'■ and at the place appointed, on pain of forfeiting Twenty stivers, at the disposition of the Board ; they being notified, at least twenty-four hours before the Court day, to appear, by the Court messenger to be ^»^«™'' appointed by the Director General and Council; and dJuwe nne, -r-k . T 1 It Unless In double as much for the President, unless excused by ^^^l^ sickness or absence. If appearing too late, and after penalty for , the appointed hour, the fine to be Six stivers. '"'"'"• 406 LAWS OF Provision No extraotdinarv Court shall be Ordered at the for extra- *' o^mi7 cost and charges of parties, except on the application of both parties, under submission to costs on loss of the suit, which costs shall previously be deposited by the applicant or appellant, to wit: For each Schepen, Fifty stivers ; for the President, Three guilders, besides the fee for the Clerk and Court messenger to be hereafter appointed, and other Ordinary costs according to law. ?rX?J -^11 t'^ses of Crime shall be referred to the Direc- to^MreSOTf tor General and Council of New Netherland; saving and Council. that those of the Court may, and are bound to, apprehend, arrest, and to detain and hold in confine- ch"g?d ment all Criminal delinquents until they can send Si'tear'rMt thcm uudcr proper guard to the Supreme govern- ^^^l ' ment, and, in the meantime, take good and correct sterdSm, "^ Information touching the crime committed, at the with the In- ° I°g™nst°™ cost of the Criminal, or the Treasury, and such trans- mit at the same time with the delinquent. Misdemean- Mluor offeuscs, such as Brawls, Slanders, Scolding, offerSI^'to Striking with the fist. Threats, simple Drawing of a by the knife or sword without assault or bloodshed, are left Court, ' to the adjudication and decision of the Court afore- schoutto said, in which cases the Schout there shall have act as proa ecutor. power to act before the Court as Prosecutor, saving Bight of nevertheless the clause of Appeal, in case the con- Appeal reserved, dcmucd may find himself aggrieved by the sentence of the Court. Persons All CBSBS of Major crimes and Delinquents charged fena^^Mbe ^^^^ Wouudiug aud Bloodshedding, Whoredom, theVnYor? Adultcry, public and notorious Theft, Eobberies, mations Smftothe Smuggling of contraband articles. Blasphemy, and Qencr^ Profanatlou of God's Holy name and religion. Slan- dering and Calumniating the Supreme government, , or its Eepresentatives, shall, after the informa- tion, affidavits and testimony have been taken, be NEW NETHERLAND. 407 referred to the Director General and Council of New Netherland. Should the situation of affairs so require that the President and Schepens consider it necessary for the greater security of the peace and quiet of the Inhabitants, to enact, in the absence of the Director General and Council, some Ordinances for the greater advantage and contentment of the afore- court em- ^ powered *' said Village and Court in the abovenamed District, iS'Sj iowered to -y- respecting Surveys, Highways, Outlets, Posts and ord?n°a'nce3 Fences of lands, laying out of Gardens, Orchards, and tli^ppro- such like matters that may most concern the Flat Dtrectorlnd •' Cuuncll. country and agriculture; also, in regard to the build- ing of Churches, Schools and similar public Works, and the means, how, and by which the same are to be effected, they are to commit to writing their opinions thereupon, and deliver them to the Director General and Council, with the reasons upon which they are founded, annexed, in order, if such be deemed necessary, and useful, that they may be con- firmed, approved and ordered by the Director General and Council. Said Schout and appointed Schepens shall also be jS.?d particularly careful, and be bound strictly to observe, S'i'naVcesof r •' ' •/ tbe Director and cause to be observed, the Law of our Fatherland, fo"be'^ob."°" and the Ordinances and Edicts of the Hon*"' Director General and Council heretofore Ordained and pub- lished, or hereafter to be Ordained and published, and not to suffer anything to be done contrary thereto, but to see that the contraveners may be proceeded against according to Law. Said Schout and Court shall not have power to ^a^Sto enact, publish, much less to post up, any Ordinances, pSwishcd" Edicts, or such like Acts, except with the previous fSeD"re?tor knowledge and consent of the Director General and Council. 408 LAWS OF Court to assist in maintaining the rights and pre- rogatives of the West India Com- pany. ProTision for choosing new Magis- trates. Bcbepens to observe demeanor of settlers so as to be able to re- port the names of proper per- sons for election. The Schout and Schepens shall also be particularly- careful, and be bound to assist the Hon"'^ Directors, as Lords and Patroons of this Province of New Netherland, under the Sovereignty of their High Mightinesses, the Lords States General of the United Netherlands, and them to help to maintain in their Supreme Jurisdiction, Eight and Domains, and all other their Prerogatives. Whereas it is customary in our Tatherland and other well regulated Governments, that some change be made annually in the Magistracy, so that some new come in, and a few continue in order to inform the new, the Schepens now appointed shall pay due attention to the Conversation, Demeanor, and Fit- ness of honest persons, inhabitants of their respect- ive Villages, in order to be able, about the time of changing or election, to furnish the Director General and Council with correct information, as to who may be found fit, so that some may be then elected by the Director General and Council. Thus done and given, at the Meeting of the Hon"* Director General and Council, holden in Fort Amsterdam, in New Netherland, the 5 September, 1661. NEW NETHERLAND. 409 ORDINANCE Of the Director G-eneral and Council of New Netherland commanding the Inhabitants of certain Towns to take out Patents for their Lands. Passed 15 September, 1661. [N. T. Col. MSS. IX. 788.] All Inhabitants of New Netherland, and espe- J?^"^'"?^" cially those of the Village of Bergen, on the West Totnf w have their Side of the North Eiver ; also all others who have or ^^^'^j'^^.i claim any Lands thereabout, are Ordered and com- patlnw""' manded that they, within the space of three months after the date hereof, at latest, before the first of January next, shall have all the cultivated and uncul- tivated Lands which they claim, surveyed by the sworn Surveyor, and set off and designated by proper marks, and on the exhibition of the Eeturn of survey thereof, apply for and obtain a regular Patent as proof of property, on pain of being Penalty. deprived of their right, to the end that the Director General and Council may dispose, as they may deem proper, of the remaining Lands which, after the sur- vey, may happen to fall outside of the Patents, for the accommodation of others. All are hereby warned against loss and after complaints. Thus done in Fort Amsterdam in New Netherland, the 15 September, 1661. Note. — Copy of the above, mutatis mutandis, was transmitted to Bergen, Boswyck, Haerlem, Middleburgh, Utrecht, Amesfoort, Mid- wout and Breuckelea. Tb. 52 410 LAWS OF ORDIISrANCE Goods de- livered to Individuals not to be allowed aa an offset against itutlea, except on the order of Blrector General, or Becretary, Of the Director General and Council of New Netherland against Offsetting claims of persons in the public service against payment of Duties. Passed 22 October, 1661. [N. T. Col. MSS. IX. 861.] The Director General and Council of New Nether- land, To all those who shall see these Presents, or hear them read, Greeting, make known. Whereas, we have learned, and by experience have found, that some self-interested persons find means to apply to the Hon*"" Company's Servants, and to others who have anything owing to them by, or any claim against, the Company, and to amuse them with trifles, in order by that means to obtain an assignment on the Company's books of account, which, having received, they deduct and offset it not only from their own Duties but also from those of others, which tends to the great loss and prejudice both of the Hon"'® Company and its Servants, as the Hon"° Company is, by that means, defrauded of the Beavers, and their Servants of the just value of the payment which they otherwise would receive from the Company, inasmuch as the Goods on account of the Company are ordinarily charged to, and forced by these self-interested persons on, the public Servants at, over 50 W cent more than people could purchase them for Beaver. In order to prevent such practices in future, the Director General and Council of New Netlierland do, therefore, hereby notify and warn all and every whom these in any wise concern, that, from now henceforth, no delivered Goods shall avail, or be accepted on account, or in payment of Duties, unless the party delivering them do show, by the signature of the Director General, or, in his absence, of the NEVvT NETHERLAND. 411 Secretary aud lieceiver Yan Buyven, that he had an order and consent thereto. Let everyone be warned hereby, and save himself from loss. Thus done in Fort Amsterdam, in New Netlierland, the 22 October, Anno 1661. ORDINANCE Of the Director General and Council of New Netherland making provision for the Poor. Passed 22 October, 1661. [N. T. Col. MSS. IX. 863.] "Whereas the Deacons of this City have informed preamwe. us of the many applications and great trouble which they daily experience from persons residing in the outlying Villages, with whose characters and wants they are utterly unacquainted, so that their Treasury is thereby greatly diminished, and they would, by that means, be unable to assist the Poor and Needy' of this City, requesting that seasonable provision bo made therein ; We, therefore, in order to prevent the future recurrence thereof, have resolved and decided, to the end that the Lazy aud the Vagabond may as much as possible be rebuked, and the really Poor the Pooroutaide more assisted, and cared for, that from this time for- noTtob""* ward, no assistance shall be given by the Deacons of the Deaco^'na this City, to any persons residing outside the juris- SSnTcertSi- diction of this City, unless they bring with them from Saracter, the Deacons, or Overseers of the Poor at the place of their residence, a certificate of their character and poverty in manner as follows : N. K residing under the jurisdiction of N". N. hath Form of . certlflcata. applied to us for some assistance and support, and, as his character and poverty are well known to us, we ^ would willingly have provided him therewith, but the low state of our Treasury hath not allowed us to do so. We have, therefore, to request, on his behalf, 412 LAWS OF the Deacons of the City of Amsterdam in New Nether land to lend him a helping hand according to their usual discretion. Done, &c. And the persons who shall bring with them such certificate shall be provided for, and assisted here as circumstances permit. Collections But in order that each Village or Settlement may for tlie Poor ^ *' m)^n^'^h° be the better able to assist and support its own Poor, it is further Eesolved and decided, that, from this time forward, in all Villages and Settlements, collec- tions shall be made and something laid up for the Poor and Needy. That such may be put in prac- tice, as well in the Villages where there is Preach- ing, as in those where there is no Preaching, the Director General and Council of New Netherland do hereby Order and command all Magistrates of the Villages where there have been no Ministers hitherto, that each in his respective Village or Set- Twogcisons tlement shall nominate and qualify two proper per- CTMys°Qn- sons, who shall go around every Sunday with a little day, in eacb • t -t t"mJoi°ihe ''ag among the congregation and collect the Alms ^''°'' for the support of the Poor of that place, and then, if they fall short, they shall address themselves in the manner as above set forth to the Deacons of this City, flereby notifying and warning all S^SSS^ respective Magistrates that, in case they neglect to TOiiMtioT have weekly collections made in manner as afore- takeo up to bepanished. gg^j^j^ ^jjgy ghall, for such ucglect, be corrected as the case may require. Done in Fort Amsterdam in New Netherland, the 22 October, 1661. Note. — This is the first Law enacted in the State of New York providing for the support of the Poor. Under what are known as The Duke's Laws, the support of the Poor was, subsequently, made a Parochial or Town charge. In 1683, the maintenance of the Poor became a County charge. Tb, NEW NETHERLAND. 413 ORDINANCE Of the Director General of New Netherland imposing a Land tax at Esopua, to defray the expense of building a Minister's house there. Passed 12 November, 1661. [N. T. Col. MS8. IX. 883.] The Schout and Commissaries of the Tillage of Prewnwe. Wiltwyck, in the JEsopiis, having exhibited to me, the undersigned, in my quality of Director General of this Province of New Netlierland, the account* both of the materials and wages for labor already due and earned on the new house for the Minister, and requesting, at the same time, advice and consent how, and in what wise, the same is to be procured from the Commonalty, to the end that the Creditors of the delivered materials and wages for labor may obtain what is due them, it is hereby consented and Ordained, that said Schout and Commissaries shall have power to levy and collect from every Morgen of tm im- land, whether of pasture or tillage land, which any p^yfji^m one about the aforesaid Village occupies or claims as bSud?ng ^ *■ Minister's his own, one Eix dollar per Morgen, Beaver value, in mSS^k good Wheat, payable one-half down, and the other half, without fail, next summer ; and, further, from the other Inhabitants, who possess only Lots and no Lands, according to their means. And the one and the other being heard in our presence thereupon, are assessed in manner as follows : Jurriaen Westvael, tenant on Balthasaer ^^m°' Lasar Stuyvesant's bouwery, cont^ 25 Msesaed. morgens, fl.62 10 The Hon"* Director General for a point, 12 morgens, 30 Jurriaen Westvael, for his own land, 28 morgens, .* 70 Thomas Chambers, 2 bouweries, each 40 morgens, 200 414 LAWS OF Evert Pels, his bouwery, 36 morgens, . fl.90 Albert Heymans, on the bouwery of Jacob Janse Stol's widow, 30 morgens, 90 Eoeloff Swartwout, tenant on the bouwery of Jacob Jansen Stol's widow, contain- ing 43 morgens, 107 10 Oornelis Barentsen Slecht, tenant on the bouwery of M""* d' Hulter, 64 morgens, 160 Oornelis Barentsen Slecht's own claimed lan'd, for Avhich he has neither survey nor patent, estimated at 25 morgens, 62 10 M°^ de Hulter's unsurveyed pasture land, estimated at 25 morgens 62 10 Albert Gysbert's land, 20 morgens, 50 Aert Jacob's land, 47 morgens, 117 10 Tjerck Claesen's land, 50 morgens, 125 Aert Pietersen Tack, 20 morgens, 40 Michiel Foure, 4 morgens, 10 The following House lots of those who have no Farm lands, Andries van der Sluys, lot, fl.lO Jan Aerts, smith, voluntarily offers, 20 Michiel Fouree 12 Jan Broerse, 10 Jan the Brabander, 10 Andries Baerents, 12 Hendrick Oornelisse, assessed, 20 Hendrick Jochemse, offers 20 Harmen Hendricx, 12 Jan Jansen, carpenter, assessed, 10 Jacob Barents, offers, 12 Jacob Joosteu, offers, 12 Pieter van aelen, assessed, 10 Matthys Eoelofse, offers, 15 Jacob Burhamse, offers, 20 Gerrit van Oampen, 10 NEW NETHERLAND. 415 Anthony Creupel, fl.lO Albert Gerrits, 10 Baerent Gerrits, 25 Jacob Blancon, 10 Jan de Backer offers 1 thousand Bricks. Willem Jansen, 12 It is stipulated, in regard to the Lands, that if hereafter by the survey, there be found a greater or fewer number of acres, the owners shall pay the sur- plus on the returned contents, and receive back what it falls short, according to the showing of their returns of survey and Patents. The tax on the Lots shall be discharged and paid immediately in light money. Thus done in the Village of Wiltwyck, present the Inhabitants aforesaid, this 12 Ifovember, 1661. ORDINANCE Of the Director General of New Netherland for the observance of the Sabbath, prevention of Fires, construction of Fences and Houses, and for the keeping in repair the Pahsades at Wiltwycli, in the Esopus. Passed 18 November, 1661. [N. T. Col. MSS. IX. 887.] 1. No person shall be permitted to perform on the ordinary Sabbath, by us called Sunday, any work at his thS*at" ordinary business, whether Plowing, Sowing, Mow- p"'^''"***' ing. Threshing, Winnowing, Transporting Wood, Hay, Straw or Grain, Grinding or conveying any goods to or from the Strand ; on the penalty of pen»ity. One pound Flemish for the first time, double as much for the second time, and four times double as much for the third time. 416 LAWS OP 2. Liquor rot Mucb Icss shall anyone on the Sabbath of the Lord to be sold on ^ thesabbath. giyg entertainment in Taverns, sell or give away, under any pretext whatsoever, Beer, Wine or any Strong drink, under the above mentioned fine ; and Penalty for if auyoue bo fouud drunk on the Sabbath of the being found * sun'^y." Lord, he shall, in addition to the fine of One pound Flemish for the benefit of the Officer, be conveyed to the Watcbhouse, and there remain at the discretion of the Commissaries. 3. Jh?mne^ In Order to prevent Fires and calamity, no person ftrSi''° shall be permitted to construct, or to have any plas- houses or in , i • ti */» . on\he"^"*- thither contrary to the act of Concession of the Director General and Council of 6 April, 1662, and have them removed within the space three times 24 hours, on paiu as aforesaid. Thns done in Fort Amsterdam iu New Netlierland, the 18 June, A" 1663. 444 LAWS OF Persons found traveling alone on the public roads to be! fined £1 Flemish. ORDINANCE Of the Director General and Council of New Netherland for the better protection of Persons traveling on the Public roads. Passed 21 June, 1663. [N. T. Col. MSS. X. Part ii. 151.] All Inhabitants of this Province are hereby- warned, in the present condition of the conntrj, to be cautious in making use of the Public Eoads, and to travel only in parties of 4 or 5 persons, and provided with proper arms. Those Avho will be found acting otherwise shall forfeit One pound Flemish, to be applied to the benefit of the Schout, Sergeant or Militia Officers who may institute the complaint. Done, Fort Amsterdam in Wew Netherland, the 21 June A" 1663. ORDINANCE Of the Director General and Couficil of New Netherland for the arrest of Hostile Indians. Passed 12 July, 1663. [N. T. Col. MSS. X. Part ii. 215.] Preamble. 1 Wheeeas the Dlrcctor General and Council of New Netherland are indirectly informed that some- times during this present trouble and War with the Esopus Indians, as in the time of peace, some Canoes with Indians come on board Sloops sailing up and down, as well on this as on the other side of the Esopus; And whereas the Indians cannot be well distinguished, therefore they might easily, under the guise of friendship, surprise or plunder one or another Sloop ; Wherefore the Director General and Council of Neiv Netherland, in order to prevent such and similar Mischiefs that might arise therefrom, have resolved to notify and authorize masters of NEW NETHERLAND. 445 departing Sloops to apprehend, if possible, all captains or _ , . '^ '■ ^ ' Sloops on Indians who may come on board between the Dans JiV^^^o"'' cavier and CatsMl, and them to deliver as Prisoners iSns . coming on here or at the JSsopits, in order that we may make vSseia"^'" those who receive and deliver up, as prisoners in this Vessels, use of such as guides when occasion requires ; and tain^irmi"; ^ ' and convey them u> 2few Anister- manner, any of the £Isopus Indians or their adher- ^|°'j;|''"' ents, shall be paid for each One hundred guilders ffies'!^ -,TT Steward for lU VVatHpUm, delivM-yof ^ ' such In- Done, Fort Amsterdam in New Netherland, the 12 '^'^■ July, A" 1663. ORDINAISrCE Of the Director General and Council of New Netherland prohibit- ing the Inhabitants of Breuckelen removing their crops before the Tenths are paid. Passed 19 July, 1663. [N. T. Col. MSS. X. Part ii. 218.] All Inhabitants of the Village of Breuclcelen and crops not to be removed dependencies are hereby ordered and commanded {feld^'al^ not to remove their Crops from the field unless the or'^it?^""' vicinity, Tenths are i)reviously counted out by the Schout Tenlhi'aro TT j_ j_i _*> T ji * L^ counted out Heqeman, or an agreement therefor be made with orcom- ^ ' =' muled. him, under a fine of One hundred guilders, and, in penalty. addition, the Tenths, at the discretion of impartial men. Done, Fort Amsterdam iu New Netherland, date as above. • • 446 LAWS OF Magistrates of Town courts to enforce Law8 against the sale of Liquors to Indians, and To enact Ordinances prohibiting auch sale. to Ql>ey such Drmnances. ORDIlsrAISrCE Of the Director General and Council of New Netherland empower- ing Inferior Courts to make Laws to prevent the sale of Liquor to Indians. . Passed 19 July, 1663. [N. Y. Col. MSS. X. Part. ii. S83.] The Director General and Council of New Netlier- land Laving taken into consideration tbe repeated complaints both of the Inhabitants and Farmers in regard to the very dangerous and injurious sale of Brandy and Distilled liquors to the Indians, for some time now more prevalent than ever before ; the peril that is to be expected and without doubt to follow, if seasonable provision be not made therein ; And it being found, by doleful experience, that the Edicts and Ordinances issued at divers times against such practice are not regarded, observed or executed according to the good meaning and intention of the Director General and Council, as the necessity and circumstances of the Country well required. There- fore the aforesaid Director General and Council have not been able, at this time, to discover any better expedient or means to prevent that shameful and dangerous trade, than to empower and to authorize, specially, as we hereby do, all Subaltern magistrates of this Province, not only more strictly to enforce and cause to be executed the Edicts and Ordinances heretofore promulgated on that point, but, also, for the better execution thereof, to make and enact, each in his respective Village and jurisdiction, such Order against it as he, according to the circum- stances of his locality, shall judge best and most proper for the suppression of that scandalous traffic. "We hereby charge, Order and command all Inhab- itants to regulate themselves according to the Ordi- nances and Edicts to be enacted on this subject by the Inferior Magistrates, each in his respective NEW NETHERLAND. 447 jurisdiction ; them to observe and obey the same as if they were issued and Ordained by the Director General and Council, under the penalty in the Edicts ^'"""y- prescribed. Thus done in Fort Amsterdam in New Netlierland, the 19 July, A° 16G3. ADDITIONAL CONCESSIONS To the Colonie of the City of Amsterdam, on the South Eiver of New Netherland. Granted 30 Juhj, 1G63. [N. T. Col. MSS. nx. 83.] The Company grants and consents that one-half one-haif ^ 'J ^ the Duties the clear proceeds of the convoys and Duty from all s"n??rom the Goods to be sent direct from hence to the afore- "leivew Amatel, on said City's Colonie, in New Netlierland, shall be nv>?^he received by the aforesaid City for the term of eight ^^f^V^t^"" consecutive years, so that the receipt and administra- '-'°""^^- tion of the Duty and convoys aforesaid shall eflfectu- ally remain as hitherto, without any change being nmiesto made therein, but the half of the net proceeds shall ^^tlT be paid by the Company to the City aforesaid, to be expended and employed as requested ; all with this understanding, that the abovenamed Commissioners proviso. shall also punctually observe and execute all the foregoing agreements and consents, especially what has been resolved on the 18th of February last. be the same 448 LAWS OF ORDINANCE Previous Laws mis- construed, but now ampilSed, ana To apply to the entire ofSunday. Ordinary labor, Drink- ing clubs, Ganiing, Boating, Riding, Fishing, Fowling, Gathering Nuts or Berries, Trading with ludiaDS, Playing of Children in the Streets on the Sabbath, between sunrise and sunset, prohibited. Penalty. Of the Director General and Council of New Netherland for the better observance of the Sabbath. Passed 10 September, 1663. [N. T. Col. MSS. X. Part ii. 293.] Whereas the Director General and Council of Neiv Netherland experience and observe that tbeir previously enacted Ordinances and Edicts regarding the Observance of the Sabbath, are not observed and obeyed according to the Law of God and their good meaning, but are by one and another misinterpreted and misconstrued, as if the previously issued Edicts only had reference to, and had in view the observance and keeping of half the Sabbath ; to remedy which misunderstanding for the future, the Director and Council, resuming, renewing and enlarging their foregoing Edicts, do hereby Ordain and command that not only a part but the whole of the Sabbath day shall be kept. Therefore, all and every are hereby notified that, during the Sabbath, from the rising to the going down of the Sun, no ordinary labor shall be per- formed, much less drinkiug-clubs allowed to sit. In like manner, also, the Director General and Council aforesaid, do prohibit on the Sabbath, all extraordi- nary exercises, such as Gaming, Boating, Eiding in cars or wagons. Fishing, Fowling, Eunning and roving in search of Nuts and Strawberries, Trading with Indians, or any such like, and, among the rest, the too unrestrained and excessive Playing, Shouting and Screaming of children in the Streets and High- ways, on the fine of the upper garment, or six guild- ers (according to the rate of the counting house) for the first offense ; double the sum for the second time, and for the third time to be exemplarily corrected on the body. NEW NETHERLAND. 449 Thus done in Fort Amsterdam, in New Netherland, the 10 September, A° 1663. Note — The Burgomasters and Sohepens of New Amsterdam de- ^^Jlf^'fji^r- clared on the 10 March, 1664, they would not dare to publish the above dam object Ordinance, as many of its provisions were too severe, and too much severity of in opposition to the Freedoms of Holland. N. Y. Col. Z>oc. X. pt. contrary iii. 119. Tb. Freedoms otJioUand. ORDINANCE Of the Director General and Council of New Netherland, for the better security and Settlement of Bergen. Passed 15 November, 1663. [N. Y. Col. MSS. X. Fart ii. 389.] •• On the repeated complaints of the majority of the preamble. Inhabitants of the Village of Bergen, that some continue to neglect to occupy the Lots they obtained in said Village, and to keep thereon a man fit to bear arms ; also that some absent themselves without providing for their Watch, whereby the people of said Village are so much fatigued that they cannot any longer stand at their posts, and are unwilling to go any longer on guard unless the others, who have vacant Lots, keep for the guard one man with them for each Lot ; the Director General and Council, in «™n^^« order to prevent this confusion, resolve that all those fiShand who claim any Lots in the aforesaid Village shall, c^awo"?" within 24 hours after the service hereof, furnish and S^ils^^'i.n . _ pain of continually maintain for each Lot one man able to forfeiture. bear arms, and to keep watch and ward, on pain of having the Lots with the Lands thereunto appertain- ing, as surveyed by the Surveyor, immediately given and granted in propriety to others. Let every one be hereby warned for the last time. Dated as above. 57 450 LAWS OF ORDIlSrANCE Preamble. Lessees of Lands not to employ tn the ser- vice of others, any Horses, Oxen or other prop- erty belong- ing to the Parm; but In the ex- clusive work of the leased premises. Penalty. Of tbe Director General and Council of New Netherland to prevent certain abuses on Leased lands. Passed 29 November, 16G3. [N. T. Col. MSS. X. Part ii. 403.] The Director General and Council of New Nether- land, To all those who shall see these Presents or hear them read, Greeting, make known. Whereas, from time to time many complaints have been made and many questions and differences have arisen in regard to and because many Lessees of Bouweries*undertake, contrary to the intent and meaning of the Proprietors, not only to employ and make use of the leased Horses, Oxen, Plows, Wagons and other implements, on the Bouweries and Land for Avhich they were leased, but also in the service of others and on other Lands, whereby not only the Horses, Cattle and implements are overworked and worn out, but even the leased Bouweries and Lands lie frequently uncultivated, to the serious damage of the Lessors and Agriculture in general; in order then to prevent such just complaints in future, the Director General and Council aforesaid hereby Ordain and enact that, from this time forward, no Lessees of Bouweries, Lands or Plantations shall be peru)itted to use or cause to be used the leased Horses, Oxen, Carts, Wagons, &c., in the service of other persons, whether for plowing, drawing out tim- ber or any other purpose however named, but shall be bound to employ or use the leased Implements, Horses, Oxen, Plows, Wagons, &c., for no other pur- pose than for the behoof and advantage of the Land and Bouwery for which they are leased, xtnless such be expressly stipulated by written contract, on pain of forfeiting Four skepels of Wheat for each day, in NEW NETHERLAND. 451 addition to what may be earned by plowing, drawing of timber, &c., to be applied one-half for the Proprie- tor and the other half for the Officer. Thus done iu Fort Amsterdam in New Netherland, the 29 November, 1663. Preamble. ORDINANCE Of the Director General and Council of New Netherland for the arrest of Indians found drunk on Sundays. Passed 31 December, 1663. [N. T. Col. MSS. X. Part U. 451.] Whereas we find with regret that many Inhabit- ants presume, notwithstanding it has been repeatedly forbidden, to sell Brandy to the Indians, not only on working days, but also on Sundays ; in order to pre- J°*iS'"JVnnic vent such as much as possible, it is Eesolved to io"bi™MS* have the Indians who are found drunk on Sundays S|^,fi^';,^e arrested, and not to liberate them before they shall ^'v^'^- have paid One pound Flemish. But the Sachems sachenw * * to be Ill- shall be previously informed hereof. Dated as ISf^w.' above. 452 LAWS OF ORDINANCE Of the Director General and Council of New Netherland prohibiting the purchase of Goods stolen by Indians. Passed 31 December, 1663. [N. T. Col. MSS. X. Part li. 452.] The Director General and Oonncil of New Nether- land, To all those -wlio shall see these Presents or hear them read, Greeting, make known. Preamble. Whekbas, in the last as in the previous troubles also with the Indians, it is found that some In- habitants have not hesitated to purchase or barter, from the Indians, furniture aud cattle which the Indians plundered from divers Inhabitants and Bouweries, whereby the Barbarians are encouraged aud afforded an opportunity to perpetrate more and more such Robberies and Thefts, to the serious damage of the Farmers and of Agriculture; To prevent then such and many other bad consequences which will follow therefrom if seasonable jjrovision be not made in the premises, the Director General and Council aforesaid do hereby Ordain and enact that no Inhabitants of this Province, of what rank or piunaer, Quality thcy may be, shall attempt to purchase, barter Sottobe ov trade under any pretext whatsoever, any plun- indfans,"" dcrcd or stolen Movables or Cattle from the Indians, withuut permission, nulcss iuforuiatiou thereof be previously given to the Director General and Council or to the Inferior Magistrates, each in his respective jurisdiction where such goods are offered for sale, and their permission and consent thereto be had and obtained. Whoso- purchasera cver coutrary to this Ordinance shall attempt to buy, my*"o|"r barter or trade any plundered or stolen Cattle or It up, and ]y[ovables from Indians shall be bound to deliver up what they have purchased or bartered to the Owners or to the Court under which they resort, •without receiving therefor any restitution or compen- NEW NETHERLAND. 453 sation, and forfeit, in addition, as a tine, as much as TobeAnea they shall have given the ludians for the purchased Xauhey or bartered goods, to be applied for the benefit of ioiil" the Officer who will enter the complaint. Done, Fort Amsterdam in New Netherland, the 31 December, A° 1663. ORDINANCE Of the Director General and Council of New Netherland for the appointment of Fence Viewers and the erection of Pounds in the several Towns and Villages of the Province. Passed 3 January, 1664. [N. T. Col. MSS. X. Part iii. 5.] The Director General and Council of Neiv Nether- land, To all those who shall see these Presents or hear them read, Greeting, make known. Whereas more and more complaints are daily preamoi«s made and presented by the Farmers of the great damage done to the planted and sowed fields, be- cause such care and attention as ought to be taken of the Fences are not paid thereto in many places, so that, by the trespassing of Cattle in some Villages, entire plantations are eaten up, destroyed and trod- ' den under foot, to the serious damage of the proprie- tors and the detriment of Agriculture in general ; to obviate and prevent which in future, as much as possible, the Director General and Council aforesaid do hereby Ordain, enact and command that in all Three •^ Fence Villages, Hamlets and Settlements, not only shall Jj.Tp^in't. three persons be appointed and commissioned to pay '^I'^f^-^^ strict regard and attention to the Fences, to examine ™*°' them every 14 days or three weeks, and to fine the Duties of delinquents after they have been duly notified, but, ^'«"er». also, that in each Village, Hamlet or Settlement, a 454 Pounds to be erected belbre the last of March next. Cattlo found tres- Eassing to e im- pounded. Penalties Jor tres- passiug. Cattle not released belore sun- set, subject to double penalty, and it not released on the second day, to be publicly sold for damaees. Modifica- tion of Penalties. LAWS OF proper Pound shall be constructed by the respective Inhabitants on the first fitting opportunity, at latest before the last of March ensuing ; And not only the Sellouts, Officers and Ministers of .Justice, but all and every the Inhabitants, are hereby authorized to take up and impound all Cattle found in Cornfields within a common fence, for which the impounder shall receive from the Owner, before he shall be obliged to release the impounded Cattle, For a Horse, fl.lO For an Ox or a Cow, 8 For a Calf, Hog, Sheep or Goat, 6 in Wampum at 8 for one stiver. If the Owner fail, after being notified, to release the impounded Animal before Sunset, and allow it to remain there to the next day, he shall then pay twice as much ; and failing to release it on the second day, the nearest Officer shall cause the im- pounded Animal to be publicly sold to the highest bidder, in order to obtain and recover the suffered damages and the imposed fine. Done, Fort Amsterdam in New Netherland, the 3 January, A" 1664. The fine mentioned in the above Ordinance is, for reasons, fixed as follows : For a Horse, fl.6 For an Ox or Cow, 4 For a Calf, Hog, Sheep, 2 AVhich fine shall be applied one-half for the Pound- keeper, and the other half for the Impounder or whomsoever makes the complaint. NEW NETHERLAND, 455 EDICT Of the States General declaring the Right of the "West India Com- pany to plant Colonies in America, and the power of said Company to conclude the Treaty of Hartford in 1650. Dated 23 January, 16C4. [Groot Placaet Book, 11. 8154.] The States General of the United Netherlands. To all who shall hear or see these, Greeting, Be it known. Whereas, for divers and weighty reasons. We prcamwe. thought it proper, in the year 1621, to erect and establish, in our country, a company called the West India Company, through the same alone, and to the exclusion of all others, to resort and trade to the Abstract ofthe coasts and countries of Africa, from the Tropic of ^htwLf Cancer to the Cape of Good Hope, and the Countries pSSy**^""' of America, or the West Indies, from the south end of Terra Nova through the Straits of Magellan and La Maire, or other passages and straits situate there- about, unto the Strait of Anyan, as well on the North as South Sea, and all islands lying on the one and the other side and betwixt both, and extending to the Australian or southern countries, and lying between both Meridians, including, in the east, the Cape of Good Hope and in the west, the east end of N&w Guinea. Granting, by the second article of the Charter of the 3'^ of June, 1621, given to them under Our great seal, further and more particularlj', that they, ill Our name and by Oar authority may, within the aforesaid limits, make and conclude contracts, treaties and alliances with the Princes and Natives of the countries contained therein, erect fortresses and strongholds there, appoint, remove and dismiss Governors, soldiers and officers of justice necessary 456 LAWS OF New Xether- /antlplanced by virtue of the above- mentioned Charter. West India Conipuny incorrectly supposed to be es- tablished only lor Trading purposes. Empowered to establish Colonies in vacant countries, and To settle their Boundaries agi«tiably for all other requisite services, for the conservation of the places, the maintenance of good order, x)o1ice and justice, together -with the promotion of trade, and others in their places to appoint, according as the same shall be found proper, and especially as it may best promote the peopling of fruitful aud unin- habited countries ; And the aforesaid Company hav- ing, from the beginning, by virtue of the aforesaid Charter, in conformity with Our sincere intention, established their people and colonists on the coast of America, in the country called New Netlierland, notwithstanding which, some persons, evil disposed towards our State and the said Company, endeavor to misrepresent Our good and honest meaning, as the same is contained in the said Charter, as if We had privileged the said Company only to trade within the said limits, and not to colonize or to plant settlements, or take possession of lauds, calling the Company's right thereto in question. Wherefore We, being desirous to assure all, each, and every one whom it may concern, of Our intention in the aforesaid Grant, hereby declare Our meaning well and truly to have been and still to be, that the aforesaid Company was and is still empowered to establish Colonies and settlements on lands unoccu- pied by others, within the limits aforesaid, and par- ticularly that the same (for the preservation of the right which devolved on them in virtue of the afore- said Charter, by discovery and occupation of tbe Fresh river and other places in New Netlierland, situated more easterly, even unto Cape Cod, and from Cape Hinlopen and fifteen leagues further south, along the coast) could, by virtue of the aforesaid granted Charter provisionally, and until further agreement on a settled Boundary between the King of Great Britain and Us, adjust their limits conform- ably to the provisional division and Boundary con- NEW NETHERLAND. 457 clnded in America between both governments in the l^rS?y„f year 1650, and ratified by Us on the 22" February, Sid by tliesmtca 105G, which shall be as follows, to -wit: On the oenerai. main land from the west side of Greemvicli lay, being gJ^Sry about four miles from Stamford, and also to run SfeiSjan* inland in a northerly direction twenty miles, provided it approach not within ten miles of the North river. And further on Long Island, from the west side of Oyster lay in a straight line south unto the sea, remaining by provision and in conformity as before, the east part of the aforesaid island to the English, and the west to the said West India Company and the inhabitants of this country. Wherefore We request all Emperors, Kings, Ee- SmpJSy" publics, Princes, Potentates, Friends and Allies of disturbed m I- ' ' ' the posses- this State, or Neutrals, to allow the aforesaid West » o^iaw* limits. India Company to enjoy and possess the aforesaid limits in peace and quietness, which We shall freely reciprocate towards them on suitable occasions. We further expressly and strictly charge and. command all, each, and everj' person in Our service, and nnder Our obedience, and especially the .inhabitants within the aforesaid limits, punctually, precisely and with- out opposition, to regulate themselves according to the tenor of this Our Act, and not act or allow others to act contrary thereto, on pain of incurring Our highest indignation and displeasure, and being, con- seqnently, punished as contraveners of Our com- mands, according as the exigency of affairs shall demand. Given at the Hague, under Our great seal, the paraphure and signature of Our clerk, on the 23'^ January, 1664. 58 458 LAWS OF ORDINANCE Preamble. Inferior Court of Justice erected on Slaten Island. Names of Magistrates. Jurisdiction of tile Court In CivU cases ; In Criminal cases. Senior Ma^strate to act as Sheriff. Further Jurisdiction of tlie Court in avil cases. Cases exceeding fiO guilders appealable. Of the Director General and Council of New Netlierland erecting a Court of Justice on Staten Island. Passed 28 January, 1664. [N. T. Col. MSS. X. Part iil. 25.] The Director General and Council of New Nether- land, To all tbose wlio shall see these Presents or hear them read, Greeting, make known. That they, for the public good, for the greater advancement and increase of the recently begun Village on Staten Island, and for the more conven- ient administration of Justice, have considered it necessary to establish in the aforesaid Village an Inferior Court of Justice, which shall provisionally consist of the three uudernaraed Commissaries, to wit: David d' Amarex, Piere Billion, and Walraven Lvtten. Before -whom, in the first instance, shall be brought all Questions, Actions and Differences arising in said Village between Lord and Vassal, Master and Servant man. Mistress and Maid, Neighbor and Neighbor, Buyer and Seller, Lessor and Lessee, Mas- ter and Workman, and other such like ; Item, all Criminal Actions, consisting of Deeds, Threats, Fighting or Wounding, whether moved and insti- tuted by party or by the Senior Commissary who, until further order, shall represent the Sheriff in that place. And said Commissaries shall do justice to the best of their knowledge between parties appearing before them, and may decree provision of Deposit, Dismissal or Definitive condemnation, as the circum- stances of the case shall authorize. But any party feeling himself aggrieved may appeal to the Director General and Council of New Netherland, according to the custom here, from all Fences. NEW NETIIERLAND. 459 jmlgments exceeding Fifty guilders, pronounced by said Conimissaries. And said Oomuiissaries are hereby specially com- court em- *> L *» powered to missioned and authorized to enact proper Ordinances By^iJ^S^^ that the Cornfields and Gardens be carefully fenced, (s'f„'^^|'«=- kept inclosed, and the broken fences properly re- RoToV" paired. They hereby command all Inhabitants of the aforesaid Village who already are there, or who will hereafter come thither, to respect and acknowl- edge the aforesaid Commissaries for such as they are hereby qualified, and all that, until it be otherwise ordained by the Director General and Council afore- said. Thus done in Fort Amsterdam in New Netherland. Dated as above. Note. — The above Court was composed of Two Magistrates until 14 February, 1674, when two others were added, making the number of Magistrates four. Tr. ORDINANCE Of the Director General and Council of New Netherland for the Recording of Deeds and Mortgages in Breuckelen, Midwout, Ames- foort and New Utrecht. Passed 14 February, 1664. [N. T. Col. MSS. X. Part iii. 55.] The Director General and Council of New Nether- preunua. land, having read and considered the petition of the Schout and respective Schepens of the Villages of Amesfoort, BreucJcden, Midwout and Utrecht on Long Island, setting forth that many Inhabitants in said Villages neglect to convey in proper form their sold Lands, Houses, and Lots, to the purchasers, and to give a quitclaim therefor, as many were, as they represent, unwillittg to bear the trouble, loss of time and expense attendant on going to the Manhatans, to the office of the Secretary of the Director General 460 LAWS OF and Council, so that some Lands were sold 4 @ 5 times 'witbout being duly recorded, said Petitioners tberefore requesting to* be authorized to have Deeds and Mortgages executed before them, each within courtaof^ his respective jurisdiction. Which, being taken into Ai^^-t consideration by the Director General and Council, ^owe?ii"' *^®y have, for the alleged and other reasons, author- Deetr ized, as they do hereby, the said Petitioners to have ?tc.ffo1^"' executed before them, the Deeds, Mortgages and lands within '-' *^ spectivt Quitclaims of the Eeal Estate situate within their exreuted'""" rcspective Jurisdictions and not beyond or without the same; Provided that in each Village correct Jr'nl'd" Eegisters be separately kept as well of Deeds as of ii^fin°eS^h Mortgages, in order that it may at all times be cor- OTpiStiiM^ rectly seen who the right owners of the Lands are, mitiedu) and if these are incumbered or not, and that correct the Secre- p/ovtoce* copies thereof be annually delivered into the Office of the Secretary of the Director General and Council. Thus done in Fort Amsterdam in New Netlierland, the 14 February, A° 1664. NEW NETHERLAND. 461 ORDINANCE Of the Director General and Council of New Netherland for the better and more carefal Instruction of Youth in the principles of the Christian Religion. Passed 17 March, 1664. [N. Y. Col. MSS. X. Part iii. 101.] Whereas it is most highly necessary and most preamwe. important that the youth from childhood up be instructed not only in Eeading, Writing and Arith- metic, but especially and chiefly in the principles and fundamentals of the Eeformed Eeligion, according to the lesson of that wise King, Solomon — Train up a child in the way he shall go, and when he is old he will not depart from it — so that in time such men may proceed therefrom, as may be fit to serve their Fatherland as well in the Church as in the State. This, then, being taken into particular consideration by the Director General and Council of New Netlier- lancl, becan.se the number of Children is, through the merciful blessing of the Lord, considerably increas- ing here, they have deemed it necessary, in order that so useful and God-acceptable a work may be the more eff"ectually promoted, to recommend and scuooi- •^ ^ masters to command the Schoolmasters, as we do hereby, that Sl'Sren they shall appear in the Church, with the Children char|e!J^^ committed to their care, and intrusted to them, on Si^t^raeSce Wednesday before the commencement of the Ser- |5,'s'|'f4";„ mon, in order, after the conclusion of Divine Service, chul-ch, ftft^r which. that each may, in the presence of the Eeverend JS^^^^.'^*/^" Ministers and tha Elders who may be present, exam- ^"'"'''^• ine his Scholars as to what they have committed to memory of the Christian commandments and Cate- chism, and what progress they have made; after Avliich performance, the Children shall be dismissed for that day, and allowed a decent recreation. Done, Fort Amsterdam in New Netherland, dated as above. 462 LAWS OF ORDINANCE No person to sell by retail at J'orl Oranpe unlesa be be a resident, or have taken out Burgher- rigiit. Of the Director General and Council of New Netherland, against Non-residents selling by retail at Fort Orange. Passed 22 April, 1664. [N. T. Col. MSS. X. Part iii. 193.] It is hereby provisionally, and until better experi- ence, consented, that no person shall be at liberty to sell by retail to any Christians withna the hamlet of Beverwyck and the jurisdiction of Fort Orange, by the small measure or weight, any Wares, except such as own a House there, or else have resided there a year and six weeks, or have kept fire and light, or have hereafter purchased Bnrgherright at a moder- ate price. Dated as above. ORDINANCE Preamble, Three Fence viewers to be appoint- ed on Man- hattan , island. Their duties. Of the Director General and Council of New Netherland for the bet- ter regulating and keeping of Fences on Manhattan Island, and for the appointment of Fence Viewers. Passed 23 June, 1664. [N. Y. Col. MSS. X. Part iii. 239.] Whereas many complaints are made to the Director General and Council of New Netherland that the Fences around some Bouweries on Man- hatan Island are not kept up as well as they ought, whereby others have suffered and are still liable to sustain serious damage in their Cornfields by the trespassing of the Cattle, if seasonable provision be not made therein ; the Director General and Council aforesaid have, therefore, thought it necessary, iu order to prevent such in future, annually to com- mission and appoint three persons as Overseers of Fences, who shall go the rounds every three weeks or month to inspect the Fences, and on finding any Fences out of order, to notify and warn the proprie- tors thereof that they shall immediately repair the NEW NETHERLAND. 463 same ; and in case it be not done on the notification, the warned person shall pay, for the first time Twelve ^^™tf„g guilders; for the second warning, twice as much; their""^" ^ * ' Fences to and for the third time, 50 guilders ; and, in addition, H^l^' pay the damage which may be caused by the trespass ''*'""^^- of the Cattle in consequence of the imperfection of the Fences ; the fine to be applied, one-third to the maintenance of the Pound, two-thirds for the Over- Sf^M-Jo" ' to be ap- seers and, in case the persons warned are unwilling '"'"'■ to pay the fine on the notification and demand of the Overseers, and they are obliged to notify the Oflicer thereof and to request his assistance, then the ?™St'y person warned shall incur a double fine, to be applied rertSfn*'" cases. at the discretion of the Judge. And Dirclc Sieclcen, Ariaen Cornelissen and Jan Names or ' r ence Langestraet are appointed and commissioned as ''*"'^"- Overseers for this year. Thus done in Fort Amsterdam in New Netherland the 23 June, A° 1664. ORDINANCE Of the Director General and Council of New Netherland for the better regulation of the Trade with Indians. Passed 23 June, 1664. fN. T. Col. MS3. X. Part iii. 241.] The Director General and Council of New Nether- land, To all those who shall see these Presents or hear them read, Greeting, make known. Whereas divers complaints have at various times prsamwe. been made, not only by the Inhabitants, but even. also, by the Indians, that the latter were not permit- ted to go where they pleased with their Peltries and other "Wares which they bring to market, but that, on their first arrival, were, by some persons seeking their own profit, assailed, taken by the arm and 464 LAWS OF No person to obstruct Indians on their land- ing wlcti Fura or ottier com- modities, but allow them to go where they pleaec. Penalty. Fines, how to be ap- ■ pUed. dragged -with their Goods against their will into one honse or the other, without allowing the Indians to barter and exchange elsewhere their Peltries for snch goods as they may require, whence, then, from time to time many diflBculties arise, and still more may result, unless seasonable provision be made therein ; Therefore the Director General and Council afore- said, in order to prevent such irregularities, do hereby Ordain, enact and command that, from this time forward, no person, whether he follow the busi- ness of trading with the Indians or not, shall be per- mitted, by himself or by others, either directly or indirectly to accost, or to take along with him the Indians on their arrival at the Eiver side or landing, or the Peltries and other wares which they have brought with them, or to cause the goods to be car- ried to his house, but shall allow the Indians to go with their Merchandise where they please and think fit, on the i)eualty that he who acts contrary hereto shall forfeit, for the first time, 25 guilders ; for the second time, 50 guilders, and for the third time, 100 guilders, in "Wampum ; and, further, be corrected at the discretion of the Court. The fine to be applied, one-third for the OfiBcer who institutes the com- plaint, one-third for the Informer, and the remaining third for the Church. Thus done in Fort Amsterdam in New Netherland, the 23 June, A" 1664. NEW NETHERLAND. /* 465 ORDINANCE Of the Director General aud Council of New Netherland for the more careful Navigation of the North River. Passed 17 July, IGGi. [N. T. Col. MSS. X. Part iii. 280.] All Sloop captains sailing up and clown the smopcaiv North Eiver are, owiiiff to the perilous situation of §»"p?; ' O * down the affairs, hereby warned and ordered not to navigate ISpt'^i™' uj) and down the River until further orders, unless, at least, two in company, and then only properly manned, so as to prevent disaster, on the fine for- merly enacted. In like manner they are also com- S^'iS^^' manded to touch, when going up and down, at the fpaiT"'"'' JUsopus, and to demand a pass from Commissary Beeclcman, as a proof thut this, our Order, has been obeyed, on a fine of 25 guilders, according to former Pen»ity. Ordinance. Dated as above. Between September, 1664, and August, 1673, the country was in pos- Bession of the English. ORDINANCE Of the Commanders and Council of War of New Netherland, altering * the Form of Government in the city of New Orangtf. Passed 17 August, 1673. [N. Y. Col. MSS. XXiU. 10.] The Commanders and Hon"* Council of War in the service of their High Mightinesses the Lords States General of the United Netherlands and his Serene Highness, the Prince of Orange, &c., Greet- ing: Whereas We have deemed it necessary, for the preambio. advantage and prosperity of our city. New Orange, recently restored to the obedience of the said High and Mighty Lords States General of the United 69 466 Govern- ment of Schout, Burgomas- ters and Schepens restored in New Orange, I LAWS OF Names of Schout, Burgomas- ters and Schepens. Their powers. Netherlands and his Serene Highness, the Lord Prince of Orange, to reduce the form of government of this city, to its previous character of Schout, Burgomas- ters and Schepens, which exists in all the cities of OUT Fatherland, to the end that justice may be maintained and administered to all good inhabitants without respect or regard of persons ; Therefore We, by virtue of our commission, in the name and on behalf of the High and Mighty Lords States General of the United Netherlands and his Serene Highness, the Lord Prince of Orange, have elected from the nomination exhibited by those in office, as Eegents of this city for the term of one current year, Schout, Anthony de Milt; Burgomasters, Johannes van Brugh, Johannes de Peyster, JEgedius Lnyck ; Schepens, Wille^n Beeclcman, Jacob Kip, Jeronimus Ebling, Lourens van der Spiegell, Gelyn Yerplanclc. Which abovenamed Schout, Burgomasters and Schepens, are hereby authorized and empowered to govern the inhabitants of this city, both Burghers and strangers, conformably to the laws and statutes of our Fatherland, and make therein such orders as they shall find advantageous and proper to this city and its inhabitants. And the inhabitants of this city are well and strictly ordered and enjoined to respect and honor the abovenamed Eegents in their respective qualities, as all loyal and faithful subjects are bound to do. Dated Fort Willem HendricJc, this 17"" August, 1673. (Signed,) Jacoh Benches, Nicolaas Boes, Cornelis Evertsen, Junior, A. Colve, A. F. van Zyll. Published this 18'" of August, 1673. (Signed,) N. Baxaed, Sec^. NEW NETHERLAND. 467 FREEDOMS AND EXEMPTIONS Of the several Towns in Achter Col. Granted 18 August, 1673. [N. T. Col. MSS. XXni. 12.] The Commanders and Hon'''^ Council of War, hav- ^"^abitftnia ' of Elizabeth ing considered and read the Petition of the inhabit- '■S^Pi^'"' ants of the villages of Elizabets Toivne, New-Worke ffi'e^riv'i? and Piscattaway, have ordered thereupon that all the nIuv^ bom inhabitants of those towns shall be granted the same JJf^t'^oV Privileges and Freedoms as will be accorded to native STaSL. born subjects and Dutch towns ; also the Petitioners and their heirs shall unmolested enjoy and possess their lawfully purchased and paid for lands, which shall afterwards be confirmed to them by the Gov- ernor in due form ; in regard to the bounds of each „ , . town, they shall hereafter be fixed by the Governor Se h^Kafte? and Council ; in respect to impressment, none of the English nation shall, in time of war with his Maiestv English *= J J Inhabllants of England, be impressed against their own nation rmp'ra^la on condition that they comport themselves quietly war™"" and peaceably, but their ships and boats shall be subject thereto. Concerning inheritance, they shall J^Xrton|f have to regulate themselves according to the laws ^^es'lf™'" *-^ ^ inheritance. of Netherland, but be at liberty to dispose of their property by Will, according to their pleasure ; and in JJi^l^i-'t*"^ case any wish to depart from this government with fSprSp- erty by their property, they shall be at liberty so to do within S^^g^^ftj^e the term of six months, on condition of previously on^ayfnj paying their debts, and obtaining proper passport from the Governor. Furthermore, no person shall be suffered to settle within this government without the Governor's previous approbation; and, finally, Freedom of Conscience the Petitioners are granted and accorded Freedom K?SJS?„gto of conscience as the same is permitted in the Nether- tut^ca^ lands. their debts, and obtain- ing pass- ports lands. 468 LAWS OF Preret^ing privileges extended to the Towns or' Wood- Shrewsbury aiid Miiidel^ Further, the Depnties from the towns of Woodr hridge, Schronsbury and Middeltowne situate at Achter Coll, coming into court, the above privileges were, at their verbal request, in like manner granted and allowed to their towns; but all subject to further orders from their High Mightinesses and his Serene Highness of Orange. ORDINAlSrCE Preamble. Houses, Land!!, Of the Commanders of New Netherland seizing all property belong- ing to the English or French in New Netherland. Passed 18 August, 1673. [N. T. Col. MSS. XXm. 15.] Whereas their High Mightinesses the Lords States General of the United Netherlands, and his Serene Highness the Prince of Orange, have by their declarations to the whole world published and made known the injustice of the War, begun and waged against them by the Kings of France and England; and moreover that their subjects and vassals con- tinue and proceed to injure, spoil, damage and all possible loss and obstruction to inflict on the good inhabitants of their said High Mightinesses and the Lord Prince of Orange, for which suffered damages and injuries their High Mightinesses and his High- ness the Prince of Orange have most urgently' caused their Ambassador to demand reparation and satisfac- tion, but fruitlessly and in vain. Therefore have We deemed it necessary, and find ourselves by virtue of our Commission obliged, to put under arrest and seizure, all such houses, lands, goods and eft'ects, together with outstanding debts, as are at present remaining and belonging within this our government to the Kings of France and England or their sub- jects, all which said houses, lauds, goods and effects NEW NETHERLAND. 469 together ■with ontstanding debts belonging to the outstanding Kings of France or England or tlieir subjects as fl^Z.ht'^'" aforesaid, We, iu tbe name and on the behalf of their the^Kin^or England or High Mightinesses the Lords States General of the SeTsu" United Netherlands and his Highness the Prince of qSratk. Orange, do hereby seize and arrest ; and to the end that no man may pretend ignorance hereof. We do hereby most strictly order and charge all our subjects pSSoS in whose hands or under whose care any of said houses, ?roperV to lands, goods and eflFects together with ontstanding f^^'J^Jfin debts may be remaining, to surrender and in writing thSs«?^° make known the same withm the space of ten days Province. after the publication hereof, to our Secretary Nicolaes Bayard, under the penalty of double the value of Penalty. the goods which contrary to this order and Edict shall hereafter be found in their hands and keeping, to be applied, one-half to the informer and the other half to the government, and in addition to be ban- ished out of this Province. And whereas it has come to our knowledge, that ^z^ Mr. Thomas de Laual hath, contrarv to the Capitula- pro^pJiaSa " * public prop- tion for the surrender of the countrj', appropriated fi'/Vevenue to himself a lot of Negroes and other of the lucorpo- "o Elcie?' rated West India Company's effects, also the revenue from the tapsters' excise on wine and beer, without paying the debts which according to the Gapitulatiou were to be discharged therefrom ; We have, therefore, deemed it necessary also to attach his property real ^^^^"^ and personal which can be found here, until we shall tTe^Pc^nd"" receive satisfaction in the premises, or reasons be adduced why those debts have not been i)aid. And all and every who may have on hand any property ll'^^l™ belonging to the aforesaid d^ Laual, or know where Kfrtas any of it is concealed, are required to make the same i^rai,to known to us, on pain and fine as abovementioned, ^"°7S„"" and each and every are hereby warned and admon- Sl^rinw" •' " forth. ished against damages. 470 LAWS OF Dated Fort Willem Sendrik, this 18'^'' of August, A" 1673. (Signed,) Jacob Benches, Cornells Evertsen, Junior. ACT Preamble. Fort James called Fort Wimam Hendrickt and New York called Kew Orange. Of the Commanders and Council ofWar of New Netherland, confisca- ting Shelter Island and conveying the same to Nathaniel Sil- vester. Passed 28 August, 1673. [N. T. Col. MSS. XXm. 36.] We, Cornelis Evertse the younger and Jacob Benches, Commanders, with our adjoined Council of War from the fleet in the service of their High Mightinesses the Lords States General of the United Netherlands and his Serene Highness the Prince of Orange, Greeting, make known. That, in virtue of our Commission from their High Mightinesses and his Serene Highness the Prince of Orange, we are authorized and empowered with our ships of war and intrusted military, to wage war and hostilely to inflict all possible loss and damage both by water and by land, on the Kings of England and France and their subjects, and if pos- sible to take and conquer them and when conquered to confiscate [their property] and to declare it for- feited for the behoof of the said High and Mighty the Lords States General of the United Netherlands and his Serene Highness the Prince of Orange, and furthermore to dispose thereof to the best advantage ; We, therefore, pursuant to our afore- said Commission, have endeavored to execute the same, to which end, having by force of our arms lawfully taken and restored under the obedience of our aforesaid Lords and Masters, Fort James now called William Hendrilc, with the city of New Torlc now named Netv Orange, situate on the Island Man- NEW NETHERLAND. 471 Imtans, with all the lands, places and territories thereunto depending, as they were lately possessed by the subjects and in virtue of the commission of his Majesty of England under the patroonship of the Duke of Yorh, among which lands and territories is also found a certain island known by the name of Shelter Island, situate east of Long Island, at present t^^ in the possession of Nathaniel Silvester, yet a part ^'^y^ thereof belonging in real property to the heirs of mSS''""' Constant Silvester and Thomas Middeltowne residing EnKiish ~ subjects. in England and Barhadoes, being subjects and vassals of his said Majesty of England, and of a consequence equally open enemies of our Lords and Masters aforementioned, to whom in no wise can be granted the freedom accorded to all others our actual good subjects, who have willingly submitted themselves under our obedience, but agreeably to the customs and laws of all nations, the goods and effects of the said our enemies ought to be confiscated. Therefore have we, in virtue of our aforesaid Commission, after having previously had mature deliberation with our Council of War on the subject, confiscated for their High Mightinesses the Lords States General of the United Netherlands and his Serene Highness the Prince of Orange, all the right, property, action and claim which the aforesaid heirs of Constant Silvester Their Bh«re of said and Thomas Middeltowne or any other persons, our ^l^^^ lawful enemies have in the aforesaid island called Shelter Island, as we do hereby declare forfeited and confiscate their interest and proi)erty for the behoof of our Lords Masters, with this understanding how- ever, that in this confiscation are by no means included, but on predetermined deliberation most expressly excluded, whatever interest and right said nigntof Nathaniel Silvester hath to said island or other his f"e"bi"ve° real and personal goods, effects and furniture, Negroes hb SrhJ?* property, or whatever else is lawfully belonging to him within Sid^ 472 LAWS OF this government, as, because of his snbmissiou under our said Lords Masters tbeir Higb Migbtinesses tbe Lords States General of tbe United Netherlands and his Serene Highness tbe Prince of Orange, equal protection is granted and allowed to him the same as to all others our good subjects. Dated Fort Willem Hendrick, the 28'" of August, 1673. ORDINANCE strangers who have not taken the oath of allegiance to quit New Orange within 24 hours, unless specially permitted to remain. Foreigners entering the city without leave to be treated as Spies. Of the Commandiirs pnd Council of War of New Netherland against entertaining Strangers in the City of New Orange. Passed 11 Sep- tember, 1673. [N. T. Col. MSS. XXm. 63.] Whekbas it is found that many Strangers are daily passing in and out of this City of Neiv Orange without giving an account of themselves or their business, or whence they come or whither they are going, which at this conjuncture of time ought no wise to be tolerated or allowed in a well governed city. In order then to obviate the same in future, We, the Commanders and Hon"*'* Council of War of this Our newly recovered Province of New Nether- land, do Ordain and direct that all Strangers who have not taken the Oath of allegiance or obtained any license from Us, shall depart, within 24 hours after the publication hereof, from this City and its jurisdiction, and that from this time forward no one but our faithful subjects only shall presume to enter this city of New Orange until they have previously obtained our License to that effect, on pain and penalty to all those who shall be foimd within this City and its jurisdiction contravening this onr Order, of being considered enemies of our State, and NEW NETHERLAND. 473 consequently treated as Spies and disturbers of its public peace. And that this, Our Order, may be the more effect- Names or •^ titrau^ers to ually enforced, we do interdict and forbid all inhabit- Sl'oTsi^? ants of this City of Neto Orange from entertaining, lodging or giving bed in their houses to any Strang- ers or outside people, of what Nation soever they may be, before furnishing the names of those Strangers and Outside People, and of the places of their abode, to the Schout of this City before the going down of the Sun, under a fine of Six hundred ^«''»>*y- guilders in Beaver, for each person that will by them be entertained contrary to this Our Order, and, in addition, according to the circumstances of the case, to be arbitrarily punished as an example to others. And the Officer of this City is further required and ^^f^^°^ charged to pay strict attention that this Our Ordi- cerSrSi"' , Fort every nance be executed accorduig to its tenor, and to f^^^lp^l^^^ deliver to the Officer in the Fort, every evening '''■'"°" before drum-beat, the names of the Outside people with which he will be furnished. Let every one be warned hereby and take heed against damage. Dated Fort William Hendrich as above. (Signed,) Cornelis Evertse, Junior, Jacob Benches. Preamble. 474 LAWS OF ACT Of the Council of War of New Netherland confiscating all property in the Province belonging to the English and French, with certain exceptions. Passed 20 Septemher, 1673. [N. T. Col. MSS. XXm. 75.] The Hon'''* Council of "War over a squadron of ships now at anchor in the North river of New Netherland, on behalf of the High and Mighty the Lords States General of the United Netherlands and his Serene Highness the Prince of Orange; To all those who shall see these or hear them read, Greeting : Whereas we, by a previous Proclamation dated the 18"' of August last, for sufficient reasons us thereunto moving, have .taken and seized all the houses, lands, goods and effects with the outstanding debts in this country remaining and belonging to the Kings of England, France and their subjects ; and whereas not the slightest Capitulation was entered into at the last surrender of this Fort and Province to the obedience of their High Mightinesses and his Serene Highness, and consequentlj'' in virtue of the war all the goods and effects belonging to said Kings of France and Fngland and their subjects are liable SSand to confiscation and forfeiture. We, therefore, by SVItiiS- virtue of our Commissions do find, ourselves obliged Umdboiong- ^ Engitehor to confiscate all the houses, lands, goods and effects Crowns,^ in this country being and belonging to the aforesaid Buie^ol' '"^ Kings of England and France and their subjects, er"n'or'iSi5- wlthout auy exception, together with the houses, iauai^and jands, goods and effects belonging to the Duke of imiitkry Yorh, his late Governor, and Auditor-General, and officers, ' coDflscate. all othcr his Military oflicers in this country, as we do hereby confiscate them for the behoof of their said High Mightinesses and his Serene Highness, NEW NETHERLAND. 475 excepting alone the goods and eflFects beionging to gj^^^y* the actual inhabitants of the neighboring Colonies hibtanBor of New England, Yirginia and Maryland, who for ^^f^^^- suflBcient reasons are as yet excepted from this Con- McepSu fiscation. Once more ordering and commanding all and every of our good inhabitants that, agreeably to the tenor of said Proclamation, they discover and make known what is required thereby, on pain as expressed in said Proclamation. Let each one again be warned and take heed of damage. Dated Fort Willem Hendrick, this 20'^ September, A" 1673. (Signed,) Cornelis Evertse, Junior, Jacob Benches, Anthony Colve. ORDINANCE Of the Governor General of New Netberland, directing Inhabit- ants of Hempstead who had not taken the Oath of Allegiance to do so within four days. Passed 25 Sepiemier, 1673. [N. Y. Col. MSS. XXm. 85.] Whereas bij a former Publication Unto all the preamble. Inhabitants oflF this Province it Was Manifested & declared that all Persons that should be Willing to Submitt them selves Under the obedience & take the oath off fidellitij unto the high & Mighty Lords the States Generall off the United helgicli Provinces & his Serene hignesse the Prince of Orawe viz Should be Concidered as faithful Subjects and Enjoy the Priv- eledges Equally with the rest off the good Subjects of the dutch Nation, Where uppon amongst the rest of Our good Subjects & Some off the Inhabit- ants off the Towne off Jiemstead alsoo have Submitted themSelfes, but being since Informed that Some off the s^ Inhabitants (although being Legally Sum- 476 LAWS OF Inhabitants of J/fim;> a:eaU who have not already taken the oalh of alle- giance, re- quired to do BO within lour days, on pain of being con- sidered pub- lic enemies. inoned) have not appeared oar tateii the s* oath off allegiance; I have there fore thought fit to order Publish & declare, & doe herebij order Publish & declare that the s* Inhabitants off liemstead, who have not yet taken the oath off allegiance, Shall within the time of 4 dayes, after the Publication here off make theire appearance before me for to take the s"* oath of allegiance or give Satisfaction for there Neglect & delaij herein Uppon the Penalty that the Persons who Shall refuse or neglect the same, Shal be Concidered as disturbers & Publicq Enemijes off this Common "Wealth, and that against their Persons & Estates shall be Proceeded accord- ingly. Dated at fort William hendricic this 25 7"" 1673. (Signed,) A. Colve. ORDINANCE Sheriff and Mairistrates shall main- tain the Re'ormed Bellgioii, agreeublj' lo the Synod ot Dord- recht. Sheriff to preside In Court, but In case he act tor blm- sfilf or aa Public prosecutor, Senior Magistrate to preside. Of the Governor General and Council of New Netheiland explaining the Duties and Powers of the Schout and Scbepens of Midwout, Amesfoort, Breuckelen, New Utrecht, Gravesend and Bushwyck. Passed 1 October, 1673. [N. T. Col. MSS. XXm. 83.] Art. 1. The Sheriff and Magistrates shall, each in his quality, take care that the Eeformed Christian Eeligion be maintained in conformity to the Synod of Dordrecht, without permitting any other Sects attempting any thing contrary thereto. 2. The Sheriff shall be present, as often as possi- ble, at all the meetings and preside over the same ; but should he act for himself as party, or in behalf of the rights of the Lords Patroons, or of Justice, he shall, in such case, rise from his seat and leave the Bench, and in that event he shall not have any NEW NETHERLAND. 477 advisory innch less a concluding vote, but the oldest Scbepen shall then preside in his place. Court to liave Hna! JarisdicCion 3. All cases relating to the Police, Security and i.aveiiimi Peace of the inhabitants ; also to Justice between iScw/r canes to the man and man, shall be finally determined by the SfJiSsf Magistrates of each of the aforesaid Villages, to cwreacy. the amount of, and under, Sixty florins, Beaver, without appeal : In case the sum be larger, the ^p^*^,^" aggrieved party may appeal to the meeting of the "c«d"n| Sheriff and Councilors delegated from the Villages ^^i^Jl'f " subject to his jurisdiction, for which purpose one cSSn"i§ra person shall be annually appointed from each Village, ^,?,^|^5 who shall assemble in the most convenient place to appoiStid"' be selected by them, and who shall have power to pronounce final judgment to the amount of fl.240 Beavers, and thereunder. But in all cases exceeding J;„'^f„g that sum, each one shall be entitled to an appeal to LmouuMo the Governor General and Council here. coumu"'* 4. In case of inequality of votes, the minority ^herej;he shall submit to the majority ; but those who are of mfnoJfty'to a contrary opinion may have it recorded in the min- ^^^^j^y utes, but not divulge it without the meeting, on pain of arbitrary correction. 5. Wbenever any cases occur in the meeting in JJt^^lJfl^i'' which any of the Magistrates are interested, such tSacTM""' •^ " ' Judges. Magistrate shall, in that instance, rise and absent himself, as is hereinbefore stated, in the 2* article, Of the Sheriff". 6. All inhabitants of the abovenaraed Villages, JSbj^'tw"" shall be citable before said Sheriff and Schepens or tuiVof tue* *' above their delegated Councilors, who shall hold their ^"'■ meetings and courts as often as they shall consider requisite. 7. All criminal offenses shall be referred to the S^^fJbo Governor General and Council, on condition that the the^SSv-'" ernor and Sheriff be obliged to apprehend the offenders, to ^rS'lS"* seize and detain them, and to convey them as prison- oueaden 478 LAWS OF And trans- xnit them, with ill- formations In the case, to the Chief Magistrate, Minor offenses to be disposed of bv the loca) Court. Local Courts to make By- laws for the regulation of High- ways, set- ting off * Lands, ob- Bervance of the Sab- bath , erecting Churches, School bouses, etc., and against petty offenses, subject, in matters of importance, to the ap- proval of the Chief Magistrate ; To enforce Laws and Ordinancea of the Su- preme gov- ernment ; Execute or- ders trans- mitted by the Gov- ernor, and Acknowl- edge and maintain the author- ity of the Slater General, the Prince of Orange, their rights and pre- rogatives. Inferior local Offi- cers, Secre* tary ex- ers under proper safeguard to the Chief Magistrate with good and correct informations for or against the offenders. 8. Smaller oflFenses, such as quarrels, abusive words, threats, fisticuffs and such like, are left to the juris- diction of the Magistrates of each particular village. 9. The Sheriff and Schepens shall have power to conclude on some Ordinances for the welfare and peace of the inhabitants of their district, such as laying out Highways, setting off lands and gardens, and in like manner, what appertains to agriculture, observance of the Sabbath, erecting Churches, School- houses or similar public works. Item^ against fight- ing and wrestling, and sucK petty offenses, provided, such Ordinances are not contrary, but as far as possible, conformable to the Laws of our Fatherland and the Statutes of this Province ; and, therefore, all orders of any importance shall, before publication, be presented to the Chief Magistrate and his approval thereof requested. 10. The said Sheriff and Schepens shall be bound strictly to observe and cause to be observed, the Edicts and Ordinances which shall be enacted and published by the Supreme authority, and not suffer anything to be done against them, but cause the transgressors therein to be proceeded against accord- ing to the tenor thereof; and further, promptly exe- cute such orders, as the Governor General shall senf them from time to time. 11. The Sheriff and Schepens shall be also obli^^ed to acknowedge as their Sovereign Eulers, their High Mightinesses the Lord States General of the United Netherlands and his Serene Highness the Lord Prince of Orange, and to maintain their sovereign jurisdic- tion, right and domain over this country. 12. The selection of all inferior officers and ser- vants in the employ of the Sheriff and of the Sche- NEW NETHERLAND. 479 pens, the Secretary alone excepted, shall be made ^fl^-^ and confirmed by themselves. the"!,^?'' 13. The Sheriff shall, by himself or deputies, sheriff to execute all the Magistrates' judgments, and not dis- ^^'[|^«'''» charge anyone except by advice of the Court ; he SfaSatl"^ shall also take good care that the places under his charge shall be cleansed of all mobs, gamblers, ■whore-houses and such like impurities. 14. The Sheriff shall receive the half of all civil f^Siff '"^ fines accruing during his term of office, together •with one-third part of what belongs to the respective Vil lages, from criminal cases; but he shall neither deceive directly nor indirectly receive any presents forbidden presents. by law. 15. Toward the time of election, the Sheriff and ^^u°g Schepens shall nominate as Schepens, a double num- M^miatea. ber of the best qualified, the honestest, most intelli- Sn p?'*' gent and wealthiest inhabitants, exclusively of the Eeformed Christian Eeligion, or at least well affected thereunto, to be presented to the Governor, who shall then make his election therefrom, with continua- tion of some of the old ones in case his Honor may deem it necessary. Dated Fort WiUem HendricJc, the first of October, 1673. The preceding Instruction, as registered word for ^JJedtS^" word, is in like manner sent To Schout Peter Aldrichs and the Magistrates of south Btver, the respective Towns on the South river. To Schout Isaac Grevenraet and the Magistrates esoim,, of the Towns of Swaenenburgh, Horley, and Marlle- totvne in the Usopus. Also, in English, to Schout William Lawrence and Mtuntuff, the Magistrates of the Towns of Flushing, Hemestede, Middeliurgh, Biistdorp and Oisterlay. 480 LAWS OF South- ampton, etc. AehterOa Jtergen WatchMter and Stolen Island, and Hehanegtedt, In English, to Scbout Isaacit Arnolds and the Mag- istrates of the Towns of Southampton, Southold, Sea- talcot, Huntington and Eastliampton. In English, to Schont John Ogden and the Magis- trates of the Towns of Elizabethtown, Woodbridge, Shrousbury, New arlce, Piscattatvay and Middeltown, situate at Achter Col. To the Schont and Magistrates of the Town of Bergen, only with this alteration, that in the 3* par. they shall pronounce definitive judgment to the amount of fl.GO, in Beavers, and no further. To Westchester and Staten Island the same as that of Bergen. Schaneghtede, with this alteration only : That those of this Town shall be at liberty to appeal to the Court of Willemstadt, for the sum of fl.240 Beavers, and all Criminal offenses shall be referred to the Scbout and Magistrates of Willemstadt. ORDINANCE Pr««mble. liand in tbe city of New Oranpe lak^u for public pur- posef) to be valued, and liOth given in ex- change. Of the Governor Greneral aud Council of New Netherland providing Means to indemnify parties ■wliose property in New Orange may be taken for public purposes. Passed 16 October, 1673. [N. T. Col. MSS. XXm. 119.] Whereas said Houses cannot be removed, except at great and heavy expense to the proprietors, to whom, in return, indemnification aud satisfaction ought, in equity, be allowed, because said removal is done for the public benefit and better defense ; it is, therefore, resolved that the Grounds and Lots belong- ing to said persons, with the necessary expense which tbey shall happen to incur in tbe removal of their houses, shall be valued by impartial persons, and to the proprietors, instead of these Lots, shall be shown NEW NETHERLAND. 481 and conveyed, subject to like valuation, any other ^}%%^^^ Lots within this City, to which they will be at liberty app"?° *' to remove; and whatever their canceled Lots and iotfto"be* their expenses in removing their houses will be found ??&?" to exceed in value what shall be shown them instead, shall be promptly made good, fulfilled and paid to f^l^^f; them, from the extra Duty which for that purpose it §^lgS, is resolved and ordered to collect from now hence- forth until said indemnity and damage shall be promptly paid to said persons, and no longer, to wit : From all Beavers and Peltries which onrms, will be exported from this govern- ment to Patria or elsewhere after the publication hereof, Two and one half per cent. From Duffels and Blankets imported Duffeisami '^ Blanketa from Patria or elsewhere into this government, Two per cent. And from Powder, lead, muskets, fSZ^lDa wines, brandies, distilled waters and uqSbl^™^ rum, Five per cent. Duty to be Hereby ordering and commanding all and every Sfconssc*^ the subjects and inhabitants of this government 11°^^- and all others whom it in any wise concerns, that "''"'^'^ they shall have to give notice to the Collector, of the Importation or Exportation of the above speci- fied goods, and shall pay therefor the said extraor- dinary duty in manner as aforesaid on pain of the forfeiture and confiscation of the Imported or Export- ed goods, to be applied agreeably to the Ordinances and Edicts enacted against Smuggling. Dated Fort William Eendrick, this 16 of October, 1673, in New Netherland. 61 482 LAWS OF Ordinances of the Town of Bergen. approved. 23 October, 1673. The Governor and Council ap- proved of certain Ordinances enacted by the Schout and Schepens of the town of Bergen for the observ- ance of the Sabbath, respecting Fences, &c., with the reservation that works of charity and necessity on the Sabbath, with the knowledge of the Officer, shall be tolerated. N. Y. Col. MSS. XXin. 133. Note. — These Ordinances are not among the Records in the Sec- retary's Oflace. Te. ORDINANCE Preamble. Owners of designated firoperty Q New Orange to remove and demol- ish the same on pain of for- feiting all indemnity. Of the Governor-General and Council ol New Netherland directing the demolishing and removal of certain Buildings in New Orange, and providing payment for the same. Passed 16 October, 1673. [N. Y. Col. MSS. XXin. 119.] Wheee.^s Fort Willem Hendrick and the city of New Orange, situate on Manhatans Island, is seriously incumbered and weakened by the Houses, gardens and orchards which lie so close under its walls and bulwarks, that it is impossible to defend it properly when occasion requires, against its enemies, unless at least some of those houses, lots and orchards be demolished and removed. It is therefore considered necessary by the Governor General, by and with the previous advice of his Council, to demolish, pull down, and remove the undernamed Houses, gardens and orchards, and the owners thereof are hereby most strictly ordered and commanded instantly to commence demolishing and pulling down their houses, gardens and orchards, and to remove them to such lots as are laid out within this City by the Governor's order to that end, and shall be shown to each of them by the Burgomasters; on pain of NEW NETHERLAND, 483 depriving tliose who shall be found contumacious or negligent, of the indemnity, which, according to the terms of this publication, are granted and allowed to the following persons or those among them who shall come to remove their undernamed houses, gar- dens and orchards, and, over and above, on the first arrival of some ships, of having their houses demol- ished or burned, to wit : The houses, gardens and orchards of Peter de Biemer, Lodewyck Post, George Cdbbet, Jan *|S^^»' Dirclcsen Meyer, Jacobus van de Water, Symon Blanck, m,w%, elc, are to Andries Meyer, Gerrit Hendricx, Peter Jansen Slott, be removed. situate under the walls and bulwarks of Fort Willem Hendrick. Gerrit Jansen Roos, Peter Stoutenburgh, Henry Taylor, The Lutheran Congregation, Willem van Vre- denbtirgh, Peter Jansen Mesier, Martin Meyer Smith, Augustine Hermans, Lyslet Tyssen, Peter Harmsen, situate under the fortification and bulwarks of the city of New Orange. Johannis van Brugh, Sara van Borsim. But whereas said houses cannot be removed except Jfr^opert°y«p- at great and heavy expense to the proprietors, to ^rS^ltvlLa whom, in return, indemnification and satisfaction ^°l^^l pr: lot and ought, in equity, be allowed, because said removal is e«£n|e.'" done for the public benefit and better defense ; it is therefore resolved, that the grounds and lots belong- ing to said persons, with the necessary expense which they shall happen to incur in the removal of their houses, shall be valued by impartial persons, and to the proprietors instead of these lots shall be shown and conveyed, subject to like valuation, any other lots within this city, to which they will be at liberty to remove, and whatever their canceled lots and the expenses of removing their houses, will be found to exceed in value what shall be shown them instead, ™^«\™to shall be promptly made good, fulfilled and paid to proprietor. 484 LAWS OF Duty im- posed, to pay dam- ages, on Furs, Indian Goods, Powder, guns, wines and liquors. Duty to be paid on pain of eonfiacar tion. them from the extra Duty which, for that purpose, it is resolved and ordered to collect from now hence- forth, until said indemnity and damage shall be promptly paid to said persons, and no longer, to wit : From all Beavers and peltries which will be exported from this government to Patria or elsewhere after the publication hereof, two and one-half per cent. From Duffels and Blankets, imported from Patria or elsewhere into this government, two per cent. And from powder, lead, muskets, wines, brandies, distilled waters and rum, five per cent. Hereby ordering and commanding all and every, the subjects and inhabitants of this government and all others whom it in any wise concerns, that they shall have to give notice to the Collector of the importation or exportation of the above specified goods, and shall pay therefor the said extraordinary duty in manner as aforesaid, on pain of the forfeiture and confiscation of the imported or shipped-off goods ; to be applied agreeably to the Ordinances and Edicts enacted against smuggling. Dated Fort Willem Hendrick, this 16''' of October, 1673, in New Netherland. (Signed,) A. Colve, Cornelis Steenwyck, Johannis van BrugJi, Johannis de Peyster, Egidius Luyck NEW NETHERLAND. 485 ORDINANCE Of the Governor General of New Netherland prohibiting the sale of strong liquors to soldiers in garrison at New Orange. Passed 31 October, 1673. [N. T. Col. Mas. xxm. 145.] Whereas, it is found by daily experience that the Burghers of this city of New Orange, sell strong drink and give credit to the Soldiers, whiA has given rise to much mischief; therefore all inhabitants and Burghers are hereby ordered and commanded not to sell strong drink to any Soldiers or Matrosses gar- risoned in the Fort here, or to give them credit on ifqSqrato the pledge of their clothing, arms, or any material »°*[^t^|'j'^ belonging to the Fort here, on pain, if contravening this, of forfeiting all pay for the delivered goods ; and whoever hath already received payment in cloth- ing, arms, or material of the Fort, shall be obliged to restore the same, -with double the value thereof. Let each and every be warned hereby and take heed of loss. Dated Fort Willem HendricTc, this 31"' October, 1673. By order of the Governor General of New Netherland. (Signed,) N. Bayaeb, Secretary. Sale of their cloth- ing, etc., in Penalty. ORDINANCE Of the Governor General and Council of New Netherland, prescrib- ing the Duties and Powers of the Court of Willemstadt and Ken- selaerswyck. Passed 8 November, 1673. [N. T. Col. MSS. XXni. 150.] 1st. The Sheriff and Magistrates shall, each in his sheriff ana quality, take care that the Eeformed Christian Eelig- toS^SS ion, agreeably to the Synod of Bort, shall be main- ge'iTgl^n, tained, without suffering any attempt to be made the°synol ° against it by any other Sectaries. 486 LAWS OF Sberlfr to preside in Court, but in case he be an in- terested party, or PubUc prosecutor, tbe Senior Magistrate to preside. Court to have final Jurisdiction in Civii cases to tbe amount of 240 florins. In actions of a larger amount, appeal to llo to the Gov- ernor and Council. Judgment of the Court of Schancgh- tede betwen . GO and 240 florins ap- plicable to the Court of WiUematadt. Where tbe Court is divided the opinion of the majority to govern. Magistrates interested in a Suit not to act as judges. Inhabitants of Willem- fftodtand Sensalaert- wyc/c, sub- ject to the above Court. In Criminal cases. Court may pro- nounce sen- 2. The Sheriff shall be present, as often as possible, at all the meetings, and preside over the same ; but should he act for himself as party, or in behalf of the rights of the Lords Patroons, or of Justice, he shall in such case rise from his seat and leave the Bench, and in that event he shall not have any advisory, much less a concluding, vote, but«the oldest Schepen shall then preside in his place. 3. All cases relating to the Police, Security and Peace of the Inhabitants; also to Justice between man and man, shall be finally determined definitively, by the Magistrates of the aforesaid Town of Willetn- stadt and Colonie Eenselaerswycic, to the amount of, and under Two hundred and forty florins, Beaver, without appeal: In case the sum be larger, the aggrieved party may appeal to the Governor General and Ooimcil here ; Also all judgments pronounced by the court of Sclianeglitede, and amounting to upwards of sixty guilders, Beaver value, and as high as fl.240, Beaver, as aforesaid, may be carried by appeal and determined by the court at Willemstadt. 4. In case of inequality of votes, the minority shall submit to the majority ; but those who are of a contrary opinion, may have it recorded in the min- utes, but not divulge it without the meeting, on pain of arbitrary correction. 5. Whenever any cases occur in the meeting in which any of the Magistrates are interested, such Magistrate shall, in that instance, rise and absent himself, as is hereinbefore stated, in the 2" article. Of the Sheriff. 6. All Inhabitants of the abovenamed city and col- onie, shall be citable before said Sheriff and Schepens, who shall hold their meetings and courts as often as they shall consider requisite. 7. All criminal offenses which will be committed there, shall be referred to the jurisdiction of said NEW NETHERLAND. 487 Sheriff and Schepens, with power to pronounce judg- ^^^^1%^^ ment thereon, to death inclusive, on condition that rat'eTuV all capital sentences be not executed until the plfg^^'' approval thereof by the Supreme Court here be first ISK™* requested and obtained. 8. The Sheriff and Schepens shall have power to ^Swero^to conclude on some needful Ordinances for the welfare ia"w3, pro" vided they and peace of the Inhabitants of their district, pro- fr"r?°tothe' vided such Ordinances are not contrarv, but, as far as Fatherland " ' ' or the is possible, conformable to the Laws of our Father- ofthT^ Province ' land and the Statutes of this Province. 9. The said Sheriff and Schepens shall be bound ^° ™f°„'S» strictly to observe and cause to be observed, the ?fth"e^su-^ •^ preme Gov- Edicts and Ordinances which shall be enacted and emment. published by the supreme authority, and not suffer anything to be done against them, but cause the transgressors therein to be proceeded against, accord- g^^l^t^ran"' ing to the tenor thereof; and further, promptly theoov-^ execute such orders as the Governor General shall rai.and send them from time to time. 10. The Sheriff and Schepens shall be also obliged tige^S^a to acknowledge as their Sovereign Eulers, their High thl'auth°or. Mightinesses the Lords States General of the United SenSai, the Netherlands and his Serene Highness the Lord Prince f^anne° ^ their rights of Orange, and to maintain their sovereign jurisdic- mai^°" tion, right and domain in this country. 11. The selection of all inferior officers and ser- court to ap- point vauts in the employ of said Sheriff and Schepens, ceS"eic°"" the Secretary alone excepted, shall be made and con- ®^''"'"''- firmed by themselves. 12. The Sheriff shall, by himself or deputies, exe- sheriff to ' *^ ■*■ ' execute cute all the Magistrates' judgments, and not discharge Stl?™'' auvone except by advice of the Court ; he shall also «» ^bate" take good care that the places under his charge shall be cleansed of all mobs, gamblers, whore-houses and such like impurities. 488 LAWS OF Fees of Sherifif, who la Not to re- ceive Illegal presents. Mode of Blectfng fbture Magistrates. Qualifica- tion of Magistrates. 13. The Sheriff shall receive the half of all civil fines accruing during his term of oflSce, together with one-third part of what belongs to the respective villages from criminal cases; but he shall neither directly nor indirectly receive any presents forbidden by law. 14. Toward the time of election, the Sheriff and Schepens shall nominate as Schepens, a double num- ber of the best qualified, the honestest, most intelli- gent and wealthiest inhabitants, exclusively of the Eeformed Christian Eeligion or at least well affected thereunto, to be presented to the Governor, who shall then make his election therefrom, with continu- ation of some of the old ones in case his Honor may deem it necessary. Dated 8"" of November, 1673. ORDINANCE Deputy ISberlff to preside in C)ourt, but iu case be be an inter- ested party, or Public prosecutor, the Senior Magistrate to preside. Court to have final Jurisdiction in OlvU amounting to 100 florins, and In minor Criminal Prescribing the Duties and Powers of the Deputy Sheriff and Sche- pens of the Out district on Manhattan Island, between the Fresh Water and Haerlem. Passed 14 Novemher, 1673. P^ew Orange Becords.] First. The Deputy Sheriff shall preside at all the meetings, but when he oflBciates for himself as a party, or on behalf of justice, he shall, on such occa- sions, rise up and absent himself from the Bench, and in this case have neither an advisory much less a casting vote, but the oldest Schepen shall preside in his place. 2°"^. The Deputy Sheriff and Schepens are author- ized to pronounce definitive judgment, without appeal, in suits for debt between man and man, &c., arising within their District to the amount of fl.lOO Wampum currency, also in minor criminal cases, such as fighting, striking, scolding and such like; NEW NETHERLAND. 489 but in all cases exceeding said sum of fl.lOO, the iUgfthV aggrieved person may appeal to the Hon*"'* Court Mworange liprft ceedingioo "'=1*'- florins 3"'^. Whenever any cases come before the court in j^^^'lsted^ ■which any of the Schepens are interested as parties, tStc"^'""" , judges. in such cases they shall rise up and absent them- selves from the Bench, as is hereinbefore directed in the first Article, Of the Deputy SheriflF. i'"''. All Inhabitants within the aforesaid Dis- I^T^dS^ trict shall be citable before the said Deputy Sheriff £1^™*"°^* and Schepens who shall hold their court as often as necessary. 5thiy_ Tjjg gai(j Deputy Sheriff and Schepens shall ^^S^'Jr^^ be obliged strictly to observe and punctually to °f?jjygjf execute all such Edicts and Ordinances as shall from aSmt,"^' time to time be directed to them from the Hon"'^ Court here. gthiy Whereas We are informed of the great rav- f^^lJ^^ ages the Wolf commits on the small cattle ; therefore wartffjr the destruc- to animate and encourage the proprietors who will go wiivls.and out and shoot the same, We have resolved to author- ize the Deputy Sheriff and Schepens to give public notice that whoever shall exhibit a Wolf to them which hath been shot on this island on this side Haar- lem shall be promptly paid therefor by them ; For a Wolf, fl.20, and for a She wolf fl.30 Wampum, or the value thereof, which said Deputy Sheriff and Schepens shall, by their messenger, levy from those who keep to icvy any cattle, large or small, within their district on Kewards. said Island, each of whom shall, according to the number of cattle, be bound to contribute and pay thereto whatever he shall be taxed thereupon by the Deputy Sheriff and Schepens. 7twy_ Whoever shall fail to pay his fine on the first, J'^^^^'we second and third notice in the name of the Deputy t^n.''""" Sheriff and Schepens, shall be proceeded against with prompt execution by the Deputy Sheriff. 62 490 LAWS OF Costa on executions. Pound to be kept in repair. Court to enact laws respecting impounding of Cattle. Impartial Justice to be adminis- tered, and Disputes and quar- rels to be prevented. Highways to be kept clear. Penalty for neglect. Appellant subject to double tine, If his com- plaint be unfounded. 8'"^. Whoever shall allow execution to issue, must pay in addition five stivers on each guilder which he owes for the behoof of the Deputy Sheriff for the trouble of the Execution. gthiy^ "vvhereas it is necessary that the Pound shall be properly kept, the Deputy Sheriff and Schepens are therefore authorized and ordered to attend that the same be maintained conjointly by those who have lands there; and further, make such orders regarding the impounding of cattle as they shall find for the advantage of Agriculture, which orders each and every are ordered promptly to observe as if they were made by Ourselves. 10*"'^. Said Deputy Sheriff and Schepens shall take good heed in the suits brought before them strict justice to administer, according to the best of their knowledge, without distinction or respect of persons, or any partiality ; and further, the Deputy Sheriff shall, as much as possible, prevent and check all dis- putes and quarrels that may arise within his District. ll'"y. The Deputy Sheriff and Schepens shall, as often as they deem necessary, give public Notice that any person who causes or allows trees to fall in a common wagon road shall again remove the same, branches, and all, from the road, before the going down of the Sun subsequent to the falling of the tree, and make the road passable, or in default thereof, and in case a fine be imposed therefor by the Deputy Sheriff or his order, he shall pay for each tree found across the highway a fine of fl.20, to be applied one-half for the Deputy Sheriff, and the other half for the Informer ; and the person fined shall, notwith- standing this, be bound to remove the tree instantly from the road. 12""^. If anyone exhibit any indisposition towards the order of the Deputy Sheriff and Schepens, and come before the Court here, and the matter be NEW NETHERLAND. 491 discovered well founded, he shall pay double the imposed fine. 23thiy fjjjg choice of all Inferior oflBcers (the Secre- ^ppll^ tary alone excepted) shall be henceforward made by onfcCTJ, the said Deputy Sheriff and Schepens, and they shall secretary. be confirmed in their respective qualities after being approved by the Hon"^* Court here. j^thiy jf anything further be necessary for Agri- hJ?s'^ fbrther or- culture, or should there be any obscurity or omission ^f^^?,^- or want of clearness in these Instructions, the Deputy {othe'ofurt Sheriff and Schepens shall, on occasion, communicate oranpc. the fact to the Bench. And finally, said Deputy Sheriff and Schepens shall, S™;f?,'ng 14 days before the expiration of their year, apply to Se^*^'^ the Hon*'® Court here to receive its order regarding the new lifomination of the Deputy Sheriff and Sche- pens. Thus done in the City Hall of this City, at the Court of the Schout, Burgomasters and Schepens. 492 LAWS OF Members 1101 in at- tendance on the Assem- bly, or who, when pres- ent, may delay or ob- struct public business, to par a fine. Towns within the district of After Coll to provide each a Minister within five months, on Sain of sing fined. LAWS a:^d oedimnces Enacted by the Sohout and Magistrates of After Coll Assembly held att Elisabeth Towne, November 18, 1673. [TransalatioDB from the Dutch, XXII.] FmsT it is ordereen and enacteen by the Authority aboue said That if any Member of this Assembly shall not make his or their appearance at the hour of eight in the morning evefy day that this Assem- bly shall see cause to sitt, every person for none appearance shall for each time pay a fine shillings sixpence towards defraying the Assemblys charges, and what member soever of the said Assem- bly that neglect, retard or needlesly divert or ob- struct the businesse of the Assembly, while they are sitting shall be lyable to pay the like flfine as afore- said. 2. Whereas some Townes in the presencts of After Coll are destitute of any minuister or Preacher of goods whoren and the same noeways commend- ablee nor fit to be allowed among the Christians, be it therefore enacted, that every Towne in the pre- sinct affbrs"* shall use their best and utmost endeav- ours to procure an Orthordox Minister within five mondts time after publication hereof, and if any Towne shall be found to sligt or neglect the opservation of this act or upon enquiry made the Inhabitans shall not be ablee to give a satisfactory accound thereof to the magistrates of y® Towne, that they have done this and avow as afibr'd, they shall pay a ffine pounds each Towne ffor thiere towne neglect for the flirst five monds and accordingly for every five monds after untuU they be provideen. NEW" NETHERLAND. 493 Against Prophanation of the Lord's day, 3. Be it enacted that if any person shall be found ^Ifforming to doe any servile worke or labour, workes of jnercy worker '' ' »— J guilty of and necessity only excepted, or shall exercize them- ^Si'SS"' selves in any unlawful recreation, sports or pastimes, Srslb" or shall doe any unlawful act, not included under the bmuSi^.'*'' two clauses affore'', Hee or they so doeing uppon the Sabboth day shall pay a fiQne of Tenne shillings for each default. Against Disturbance of the Publique peace. 4. Itt is ordered and enacted by the said Author- Jfttlpu" ity, that whosoever shall be found within the Schow- atrSmeASt *' * the Govern- ship to disturbe or undermine the publique pease of S?Sted "^ the New Netherlands, whether by plotting, conspier- Sauothe" ing, or countenancing with others or by any other tumultuous offenciv carriage, or shall presume to defame the Honoured Governo" or Govern' by re- proachful traduseing, reviling, undervalliug speeches, every person soe offending shall be fforthwith appre- hended sent to the Governo' to be judged, sentenced, condemned, cleared, as hee shall find cause. 5. Be itt hereby enacted that if any person or per- J'/^l^'^'jff sons molest or disturb any Congregation in their b^A^ej'*** publique worship, whic are conformablee to the true Protestant Christian Eeligion by reviling, schande- lously or otherwise in the like manner every suth person, the ffact being sufficient proved against them, shall pay a fine of ffive pounds. 6. It is further enacted, that what person soever Eviispeak- § ers of the that says any whorts speeches tending to reproach, S^'^her*"'' scandal and disrespect of the Schout Magistrates or ^£^ other officers civil or of the millicia, now in office or tSISSt.'" that hereafter shall in this present Governm*, all such persons shall be left to the judgment of the Court the offence being first duely wayhgeen and considereen. 494 LAWS OF Against prophane swearing and cursing. It is enacteen that what person soever shall Blasp cursing or be p"n"isVed cursO'Cr swcarc by the name of God, or any of the byline. •' •' Trinitie of the Godhead, each person shall pay ffor every such offence a fine of tenne shellings and for all other same swearing or cursing every person soe doeing shall each time pay one shilling ffine. Drnnken- ness pUDlsh- able by floe. Double and treble fine to be im- po!?ed, if offense be repeated. Personal taking Eroperty elonging to others witliout per- mission, to make good damages and to pay a fine. Persons convicted of Theft, to make resti- tution and pay dam- ages, and to be fined in the full value of the stolen property. Against the vice of drunhennese. 8. It is ordend that whosoever shall be overtake with strong antoxicating drink, whereby to deprive themself of common sense and reason, each one shall pay ffor the first default, two shillings sixe pence, and all those who shall incourageably persist in this vice shall for te comen time pay a ffine or penalty of ffive shillings, and the thieren time ten shillings, and accordingly for every time after. Against unsult carriage mongst Neighlours. 9. It is ordereen by the authority aforesaid, that no person whatsoever shall take away any cannoe or other vesell, nor any oxen, horse, Foles or other unteltins whatever from his, her or theire neighbour or others without have first obtaineen ffrom the owner upon the penalty of making good al damages w"" may be sustayned thereby, besides paying a ffine for their unfest doeing. Against the sinne of stealing. 10. Itt is enacteen, that if any person shall be found to steal any good or chattels from any others, and being lawfully convicteen there of thy shall make ffuU restitution of the principlee or the vallue hereof to the owner and pay whatever damages shall arise thereon and shall likewise pay the vallue of the stolne good or chatles as a ffine ffor there sinne & offence. NEW NETHERLAND. 495 On Fornication. 11. Itt is enacted, that if any single man shall fo°mi??J°" commit fornication witH a single woman thev shall if siSe^*"' "= •'On reibsal be punished hither enjoyningh marriage and paying h°er"S)Te a ffine of ffive pounds, in case they shall not marry nfainttSn then they shall pay a flfine of tenne Pounds, and the man soe miscarrying shall be obliged to maintaine the childe begotten in ffornication. Against ffalse Swearing not touching life. 12. Be it enacted, that what felon soever shall ^o^fv'iJi'ea sweare ffalsely against their neighbour or others, every ^wSfr'mg, to one so doeingh upon lawfuU conviction thereof shall aSTnlfto make good the like fful damages which any shall sus- to gwe^w- '^ " dence until tame thereby, and noe such person shall ever after an^be^'*'"' have the previlidsre of his or her oath or be permit- mE^ItT ■^ '^ ^ their former ted to sweare against another in any case, untill by ^j^'tj'.ow"" vizable repentance and apparend amendment of life the?'jn°dg'"" ment of tlie he, or they shall be released by lawful authority from "=°""- the same, and ffor his or their sinne against God each one shall be left to the judgment of the Court, as the circumstances and aggravation of the case shall manifestly appear. Against lying and Slaundering. 13. Itt is enacteen, that if any person shall with- ^o^nXteaof ingly, willingly make and publish any lye, tending ciJ?uiating to the damage of any person, or whit intend to gSed,'and* subject to deceive People with ffalse news or report and the beprosc- cuted by same be complained of and proved he or they shall ™emSiv^' pay flfor their lying each time tenne shillings, and ^''^'"^■ notwithstanding Liberty is reserved ffor any person to proceed against all such offenders according to law. To prevent diesorderly & ioisterouse carriage. 14. It is ordered, that in case any person hither in qnlmS: off* to bd their distempered statten or otherwise quarrel, flSght, puiJshed 496 LAWS OF Parties con- victed of instituting vexatious suits to tie fined. according to wound, maime or hurt any of the State's subjects the pleasure "^ ^ of the court, gyery peisou aud cace shall be referreen to the judg- ment of the Court, to determine thereof as they flfind cauce. To prevent troublee and damage by unjust suites in law. 15. Itt is enacted, that if any person or persons shall falsely pretend great damage or debts, or dis- credit, troublee or vex his, hir or theire adversary the court upon discovery and proofe shall have power to sett a reasonable flfine upon the head of any such offender, and in all cace where it appeared that the plaintiffe hath wittingly & on purpose wronged the defendant, in commencing and prosecuting any action, write a complaint or enditement in his owne name or in the name of others, he shall besides just damages to the party wrongeen, be fined forty shil- lings or lesse according to the merit of the cauce. Each Town to erect a Meeting house, within twelve months, on pain oH fine. Beward for the destruction of Wolves. Public Inn or Ordinary to be estab- lished in each Town within twelve mouths, on pain of fine. For the encouragement of God's Worship. 16. It is ordereen and enacteen, that every Towne in the destrict shall build, erect and set up a confen- ient meeting, within twelve months time after pub- lication, in caces of any Townes default they shall each pay a fflne of nine pounds. An order about Wolves. 17. Be it enacted ffor the encouragement of all persons to kill and destroy wolves, that any person who killed a Wolfe and bringeth the head with the ears and skinne and tonge in the mound unto de Stebo of any of any towne shall receive 20 shillings of the publicque Treasury and ffor all young wolves heads brought in condition aforesaid 10 shil 18. It is order and enacted by the authority afore- said, that each Towne in the presencts of After Coll shall within twelve monds after publication hereof set up and contenue an Ordinary or house of en- NEW NETHERLAND. 497 tertainment ffor Passengers and others upon the penalty of paying ffive Pounds for every monts neglect after the time prefixen. Ffor the encouragement of ordinary Iceepers. 19. Itt is ordereen, that no person in any Towne J'U^|° to in this presencts shall sell or retaile any sort of ifceMe? liquors or strong drincke either directly or indirectly by any small measure under th^ quantity of three gall : without a license or ticket ffrom some magis- trates of the Towne wheare they live, upon the ^«°»"5'- penalty of 40 sh. fine, half of which shall be allot- teen to the Informer and the other halfe as there shall be occasion. To prevent disorders in Ordinaries. 20. It is enacted, that noe Ordinary keeper shall JeJperenot give entertainment to any Towne dweller, either kalfnta?'" ° •' o'clock children, servants or others, except upon honest and wSlfo"'"'' very urgent businesse after nine of the clock in the Suarrefi'ng or drunken- evening, nor shall any ordinary keeper allow or suf- p^imiSi"!*"^ fer any disorderly carriage in his house by any person S!fine°for either Stranger or others, as fighting, quarrelling, "ff«'^«- drunckeness and such like upon the penalty of five shilling flfine for each default, if complained of and proved against. To prevent questions and troublesome suites, whigh arise letweene men about horses running in the Woods unmarked. 21. It is therefore enacted, that each plantation in J'j™|,^? this Schoutship shall have a marking iron or flesh- JbrHorara^ brand for themselves in particular to distinguish the horses of one Towne from another, namely Flisa towd^ Towne E as a brand marke; New Worlce N"; Wood- bridge W ; Piscataway P ; Middle towne M ; Shrews- bury S. Which Towne brand marke is to be vizably whereto and sufficiently sett upon the off buttock of each 63 498 LAWS OF Owners of horses to have, each, his own mark. O/Ticer to be appointed in each Town to record owners' marks, etc. Fee of Branding officer. Penalty for jnarkins: Horses con- trary to law, Or counter- feiting other men's marks. Horses pur- chased, or intended to be taken to Maryland or else- where, to be brought to the Brand- ing oHicer of the Town to be re- corded, and then en- tered and cleared at JPlscattaway or at Mld- dletown, on pain of for- feiture of the Horses. horse, mare and coult, belonging to that plantacon, and every owner shall marke all his horses and horse bind with his own particular marke that one mans horses may be knowne from another, and there shall be in each Towne an OfiScer appointed to recort each particular man's marke and to se all men's horses, mares and colts branded and recorded, the age as all markes with the yeare and day of the month when branded, and in each Towne the i»flBcer for his paines and cares to receive six pence of the owner for every horse, mare and colt soe branded and recorded. Besides the oflScer to require satisfying evidence of each man's right upon a horse or horses presented and to record defects of evidence, and after publica- tion hereof al persons are duely (warned) to attend this Order, and whosoever shall marke any horses contrary hereunto, they shall be flforfeited and if any person shall presume to marke another mans horses or any particular horse, hee shall make good all dam- ages and pay thrice the value of any horse or horses soe markeen, as a ijenalty for his unjust deed. To prevent great damages occasioned iy Strangers driv- ing their Horses through After Coll to Maryland. 22. It is enacteen, that whosoever shall bring any horses or horse kind into this presinkt to be trans- ported to Maryland, or else wheare, he or they shall bring the said horses to the officer that is appointed to marke and recort horses in that Towne whear they shall first arrive and give in a list of the number and marks of the said horses and the said persons are obliged to take a coppy of the said list under the officer's hand and to carry the same to Piscataway Towne, and there they shall Theclare the same to the officer in the said Imploymn*^ there who is toe peruse the same, and to view the horses before they shall goe any further, the like is provided in NEW NETHERLAND. 499 case the said Traveller buy any horses here in any Towne, they shall be entered where they buy and cleared in Piscataway, and in case any person be ffound to break this Order, they shall fForfeite all the horses soe transported, The one halfe for the Infor- mer, and the other halfe for public use, and it is to be understood that such as Transport horses by way of Nivesinc are not obliged to call at Piscataway, but they shall enter their horses at Midle Towne, as before provideen, and upon the like penalty in case of their neglect. For the tetter estahlishment of tlie houndaries and lim- its of Townsliips. 23. Itt is therefore ordered, that fortwith after ^ZZ^ the Publication of this Order every Towne shall boSiSl^fra.' bring in the bounds of the Towne and certifie the same fully and clearly and enter to the Secretary in writing, in order to be presented to his Honour the Gouvernour ffor the Confirmation, and in case of any Penalty. Townes neglect, they shall pay tenne pounds flfine. Consearning Surveying. 24. It is ordered, that the Inhabitans of each ??^^°^"e Towne shall make choyse of the most ffit persons for "p""""""- surveying to survey and lay out upland and medow in every Towne, which survey"" shall be establish in every Towne by the Magistrates. To prevent damages hy neglect of Surveying. 25. It is enacted by the same authority that every f^"'^5^°/Jg Surveyor of land shall duly attend to his worke and ian^'^a"'' Imployment in IftfttLg out the Inhabitans land, |^^^| according to Towne agreement, and in case of refusal or wilful neglect, they shall pay all damage that the owner of the land shall really sustaine thereby, besiedes a fine shillings for such a neglect. 500 LAWS OF An order for Publique WorTce. Each in- 26. Itt is ordereen, that all the Inhabitants of hiihitant, ^idmagis- every Towne, minister and magistrates excepted, cci'Sfto shall expend and diligently perform three days work three ^ c^ i/ * days on the -^orko each man every yeare in and about the most '°'"^' necessary occasions that each Towne requireth in cleaning the streeds and High wayes in each Townes bounds a convenient place flbr trayning and such like worke, and the said dayes worke shall be per- formed at such times as the veiwers of the High wayes or Townes men shall call fort them, whig commis- viewers are to be chosen in each Towne by the lu- sioners of to'bfieilcted habitans, and in case any person shall neglect the Towu. s"* worke after warning given them, by the same viewers, they shall pay each man ffive shillings for nIgiecMnT ^ach days neglect, and is further ordereen, that if theTigh™ any Towne or their Townes men ffinde it needful to ways. "^ Extra work doc morc daycs workes then is before expressed, the to be per- whmre- Inhabitants are oblidged to performe the same upon qQired. ^-^^ penalty as aforesaid. Highways 27. It is likewise ordereen, that who soever shall to be kept -i -i i i . t unob-""" <5^t downe any trees, wood or underwood which may structed. aunoy any High way or cuntry road, whereby the convenient passage of Travellers or others may be obstructed every such person shall remove the said tree, Trees or wood, and to clear the High (way) of any incumbrance by his or their means as aforesaid, Penalty. upou the penalty of paying five shillings for each daye neglect, halfe whereof shall be for the informer. ffor the Security of housing, fences. kl^pertS'*" 28. Whereas considerable losse and damage hath Eavl, " *" happened by the fire in the combustable houses in within one ■*- *^ •^ ■within one month, a, raa'cient the country, so is therefore enacteen that every his house, housc kccper belonsr to each Towne shall make or on pain of jr o CTcr?w'lek provide keep & mainetaine a good sufficient ladder EotJfio°° to reach thee top of bis house within one month NEW NETHERLAND. 501 after publication hereof upon the penalty of paying for every weekes neglect one shilling, and whereas many people for bye ends and respect of their owne doe make ffires in the woods ffields and meadows riresmthe woods or and doe ther by great damage to rafters hay and gftoei °" other combustable matter, it is therefore farther ordered, that noe person shall make or cause to be made any ffires aforesaid upon the penalty of ^^'"'"''■ making good all damages which any person shall sustaiue ther by and pay a fine of tenne shillings ffor each breach of this act. An order for mahing ffence. 29. It is ordered, that every Towne within this J'e™rlct'ed Schout-ship shall by the 10 day of March next make and maintaine good suflBcient ffence, who shall be fcnc?''°' ffowre food two inches in height and otherwise substantiall in all respect, to turne cattle and swine, rence Viewers to and ffor the due observation hereof each Towne ^^iXd. shall order and appoint men of skill and under- standing to viewe all fences on every yeare, and whosoever they shall fflnde any deficient ffence, they are to give notice thereof to the owners, whoe art °and1;?r°e' obligeen securely to repaire the said fence within wttL^three ~ c) £ days, on re- the space of three or fowre days, upon the penalty ?^e"Su?ain of paying one shilling fine every Eoe for each dayes §|5''»e'"' neglect besiedes making good all damage occasioned by the defective ffence, and the like is provided in case of bush ffence discoveran and proved by any other persons although it should be without the cognizance of the fans viewers. To prevent damages (by) Cattle & Swine. 30. Whereas great spoyle and damage hath been s™^^sf°*« done by unruly and boysterous cattle & swine, it is therfore enacted, that all such swine shall be yoaked or otherwise secured, an al unruly cattle in the like 502 LAWS OF TJnraly Cat- tle to be properly secured on pain of hne and payment of damages. What are to be consid- ered unruly Cattle. maner the owners shall take all due care to secure them from all damage upon the penalty of paying a flSne of ffive shillings each person for their neglect, besides the owners of such cattle and swine shall make good the damage that any person shall sus- tain by them, and it is to be understood, that all swine and cattle which shall breack in leape over or otherwise make their way through any fences which is judged safety by the viewers of fences, shall be counted unruly. DiTislon feoces to be erected and kept in repair. An order to cause men to doe (work) at all fences. 31. It is ordereen, that all persons shall set up and repaire all their division fences according to their share in all home lotts in each Towne except any neighbours otherwise condition and agree to- gedder and for which all persons shall pay the same penalty for insufficient fence, and the like is pro- vided touching all ffences abroad in out ffields, according to a mans proportion, or as any person shall agree with others. One or more Pounds to be erected in each Town, within two months after publi- cation of this law. Height of inciosure. Penalty for neglecting to erect Pound. An order against Pound ireaclc. 32. Itt is ordereen and enacted by the authority aforesaid, to bee a good secure Pound made, keept and maintained in each Towne with a lock key and staple, and if there be occasion for more pounds than one in any Towne required as before, and the said pound or pounds shall be f&tted within two monts time after publication hereof, each Pound is to be sixe foot in hiegt and otherwise sufficient and strong to secure all unruly Swine and Cattle that may trets- passe in any man's inclosed land breaking in fields or the like without a keeper and in case of night (neglect) each Towne shall pay a ffine of fforty shil- lings, but it is notwithstanding provideen, that a man may release his or their Cattle by relieven NEW NETHERLAND. 503 paying the Pound keeper a head and SuPeTa!? engaiging to satisfie such damage as shall be made onpa|iS| , ^ fees and justly to appeare that the same Cattle or Swine have llll''rftytoT done, but whosoever shall break the pound and take ''*"*^^'- out any Swine or Cattle each man shall pay for every offence of pound breack a fine of tenne Pounds and £'g"^'^*„ all Cattle and Swine pounders as aforesaid and after o°fl}o.''''"* 24 hours shall be provideen with competent ffood and water by those who pound them while they con- tinue in holes. An order about Public rates. 33. It is ordereen, that all Publique rates shall be S'be'ievled Eaysan, leavyeen and payd according to the Inhabit- °° ans heads appropriation lands, cattle & Swine, al male heads from sixteen years old and upwards shall OTer^iixteen be rateen at 20 pound value, horses of 4 yeares all hotscs, ' at 4 pound, of 3 years at three pound, of 2 years at 2 pound, of a j-ear all at 20 sh — oxen of 5 years at °^^°' 5 £, of 4 years 4 pound, of 3 years at 3 pound, of 2 years at 2 £ of 1 year at 20 shillings — cowes of 4 <^°™' year all 3 pound 10 sh. of 3 years 3 pound, of two year 2 pound, of one year at 20 sh. All swine above ^"'°«' a year old rated at 20 s. Sheep of a year at 10 sh. sheep, and goats 10 sh. Land and medoe at 5 shillings each ^*'"^- acran. Every person is oblidged to give in all & f^f^^^^f,^ wholy there estates as aforesaid unto the Clarke of tXV° Clerk each Towne, When they are required unto by any magistrates of their respective Towne, and no person shall hide or conseall any part of their estate upon f^tse^-^"' the penalty of fforfeiting all that shall be concealed, '""""' one halfe whereof shall be for the Informer. • An order for Yalation of grain & provision. 34. Itt is ordered that all publique rates shall be Pubuc ■*■ rates to be paid in come and provisions at the prises ffollowing g?i?nor viz : Winter wheat at 5s the Bush. Summer wheat ^'"""^ ""' 504 LAWS OF Prices of 8UCU arti- cles. Pnblic Treasurer appointed. Public debts to be paid on tbe order of tbe Schout, wbo with the Treasurer, is to audit public accounta. Public cred- itors to bring In their accounts within ten days, and to prove the same, on pain of losing tbe debt. Magistrates to certify accounts, but the Auditors may pay or reject them. Ketums of estates to be made at 4sh. 6p. rye at 4, peas at 3s. and Indian pork (corn) at 3s the Bush. Pork at 3 penc the lb. and beefe at 2 pence Tallow and butter at six pence a pound. Act about a Treasurer. 36 (sic.) Be it enacted that Mr. Jacoi Melyn shall be the Country Treasurer until another person be chosen and placed in that office and the said Treasurer is to receive all the publique rates, ffines &c. into his pos- session, of which he is obliged to keep au exact true account and to pay all such reall debts, which are properly belonging to the Ountree, to discharge which debts are to be payd by virtue of an order of Mr. Ogden the Schout and not otherwise, and the Schout and Treasurer are to examine all such accounts and debts which shall att any time be brought in and presented, and the Schout and Secre- tary are to audite the Ountrys account in the treas- urers hands when there shall be occasion. 37. It is further ordered whereas many complaints have been made, that the Ouutry stands indebted to sundry persons, that what person or persons the Ountry is justly owing and indebted unto shall within ten days after publication hereof bring or sent in theire accounts in every Towne unto the Magistrates of their respective Towne and who- soever shall flaile soe toe doe shall loos the money which is due unto them, and all the said creditors ar required to prove and make suflBciently appeare the said debts to be due before the said Magistrates, and they the said Magistrates are to certifle to the Schout, when and upon what ground the said debts whear created and the Schout and Treasurer may except' or reject the said debts. 38. It is enacted, that the magistrates in each Towne doe cause their Inhabitans to bring in to the NEW NETHERLARD. 505 Clarke of every Towne the account of their estates within ten •^ days to according to an act in that case provided within cleTk.who then days after publication hereof, and the said g^H^ Olarkes in each respective Towne are to deliever the Ztismu''" said account unto their Magistrates who are to send l|fo'^'„°a||f'' the Summe to tall of every Townes estate brought in sre«?ary? as aforesaid unto the Secretary. 39. It is ordered that the Secretary's sallery this ^f^^ year in consideration of what hee doeth for the Pub- ^^"^'=^^- licque, shall be twenty pounds which is to be paid by the Treasurer when he receives money ffrom the Ountry. 40. It is enacted by the said authority that Elizabeth ^^^f^ Toivne* shall be the place & chiffe seat of Judges ffor IFciE'" this Scout-ship, and upon all occasions for all Assem- ^'Smci. blyes & Courts or Committees. It shall be the place of meeting, sitting, consulting and managing the publique affaires ffor the cuntrie. An order for the CommitU. 41. Itt is enacteen, there shall be a Oommitte oourtfobe holden at Eliesdbeth Towne the theiren tuesday of SiT?S one Magis- every next ensuing, the quorum of this Com- |Sh?„"wn, mitt^ shall be one of the Magistrates of each Towne ^iSaS'/^ ^ toxon every in this Scout-ship, and Mr. John Ogden Schout shall day"'th1" (be) president thereof and all actions of debt and wtPchthe* ^ ' ^ Schout to damage as alsoe criminal cases to the value of Sftfave*"* twenty pounds shall be tryed and desiedeen without jl^f^J^j appeal by this Court, & all summons for this Court °■^^^^■ shall be served ten days before the Court and declara- tions entred, that defendands may take out coppies in convenient time. The ffees of this court is as voloweth * " Each Towne" are the words in the MS., but this is evidently an error of the transcriber. 64 506 LAWS OF Sit co'"t!' Writing each warrant, 01. 00 Sapenes, 00.06 Serving each, 00. 06 Entring each action, 05. 00 Tryallof d", 12. 00 Entring the Judgment 03. 06 To the Steebo each action, 01. 00 Witnesses each, 01. 00 or more if occasion, Atturney flees, 05. Town Courta established, To decide cases of £5, without appeal. Fees of Town Courts. Sellout, Treasurer and Secre- tary to petition for privileges and redress of griev- ances. An Order for Toivne Courts. 42. It is ordereen that Courts shall be holden in every Towne in perticular when the magistrates of any Towne shall see cause to appoint which Court (shall) have power, to try decide and pas judgment upon all actions to the valine of five pounds without appeal. The ffees of the said Court shall be sh Warrands, 01. 00 Sapenas, 00. 06 Entring each action, 02. 06 Tryalof d°, 06.00 Entring the judgment, 01. 08 Stebo for each action, 01. 00 Evidence day, 01. 00 Atturney flees, 02. 06 By order of the Schout and the Magistrates of After Coll. Nov. 18, 1673. S. Hopkins, Seer. 43. It is agreed and concludeen upon the authority above, and it is ordered that the Schout, the Treas- urer and Secretary shall frame, draw and (present) to his Hon"^ the Governour a petition or petitions for NEW NETHERLAND. 507 any privileges for the Ountry and for the removing of any inconveniences or grievances. W order as aforesaid Sam. Hopkins, Secret. 30' January, 1674. The Governor-General having ^etwoS"for read and considered the petition of John Oqden, ofthrpr?? ^ ceding Schout at AgJiter Col, requesting in substance : First ^''^=- the Governor General's ratification of some Ordi- nances enacted by the Magistrates, according to the copies thereof delivered in It is Ordered : The petitioner is directed to have the enacted Ordinances translated into the Dutch language, when they will be examined, and if found suitable, ratified. iV. T. Col MSS. XXUI. 202, 203. Note. — The preceding Laws are printed according to the transcript made by Mr. Vanderkemp, the original being missing. Elizabeth- town, Woodbridge, Shrewsbury, Newark, Fiscattaway and Middleton, in New Jersey, constituted the District oiAchter Col. Tb. Of the Governor General and Council of New Netherland further pro- hibiting the entertainment of Strangers, and forbidding intercourse or correspondence with the people of New England. Passed 12 Decemler, 1673. [N. T. Col. MSS. XXm. 173.] Whereas it is found by experience that, notwith- standing the previously published Ordinance and Edicts, many Strangers, yea enemies of this State, attempt to come within this government without having previously obtained any consent or pass- port, and have even presumed to show themselves within this city of New Orange; also that many Inhabitants of this Province, losing sight of and forgetting their Oath of Allegiance, presume still daily to correspond, and exchange letters with the Inhabitants of the neighboring colonies of New 508 LAWS OF Strangers and all others who have not taken the oath of allegiance, to quit the Province within twenty- four hours. No persons to come into the Prov- ince without permission, on pain of being con- sidered Spies, and punished accordingly. No Strangers to be har- bored over night, un- less re- ported to the Magis- trate. No Corres- pondence to he held with the JVeiy Enpland Colonies and other public enemies, and no sup- plies to be England and other enemies of this State, whence nothing else can result but great prejudice and loss to this Province, and it is, accordingly, neces- sary that seasonable provision be made therein, Therefore, the Governor General of Neiv Netherlands by and with the advice of his Council, renewing the aforesaid Ordinances and Edicts enacted on that subject, have deemed it highly necessary strictly to order and command that all Strangers and others, of what nation or quality soever they may be, who have not as yet bound themselves by Oath and promise of fealty to the present Supreme govern- ment of this Province and have not been received by it as good subjects, do within the space of four and twenty hours from the publication hereof depart from out this Province of New Netherland, and further interdicting and forbidding any person, not being actually an inhabitant and subject of this government, from coming within this government without first having obtained due license and pass- port to that end, on pain and penalty that the contraveners shall not be considered other than open enemies and spies of this State, and conse- quently be arbitrarily punished as an example to others. And to the end that they may be the more easily discovered and found out, all Inhabitants of this Province are interdicted and forbidden from henceforth harboring or lodging any strangers over night in their houses or dwellings unless they have previously given due communication thereof to their officer or Magistrate before sundown, under the penalty set forth in the former Edict. Furthermore the Inhabitants of this Province are strictly interdicted and forbidden from this day forward from holding any correspondence with the neighboring Colonies of New England and all others actual enemies of our State, much less afford them NEW NETHERLAND. 509 any supplies of any description on pain of forfeiting {^^^"^ the goods and double the value thereof, likewise ji'„ition from exchanging any letters of what nature soever °"'"'^°°'^- they may be, without having obtained previous special consent thereto. Therefore all messengers, skippers, travelers, together with all others whom these may in any wise concern, are most expressly or ilom'° forbidden to take charge of, much less to deliver, [£^^J^f^° any letters coming from the enemy's places or going uveredtnto tb6 SGcr6- thither, but immediately on their arrival to deliver *''jfy>°ff™ them into the Secretary's office here in order to be K^pauP' by the re- duly examined, on pain of being fined One hundred S|\y^^rt?''of guilders in Beaver, to be paid by the receiver as len.^^'^ well as by the deliverer of each letter which contrary to the tenor hereof shall be exchanged or delivered. And finally, all officers, justices and magistrates of this Province are ordered and commanded to be careful that these presents be promptly put into execution, and the contra veners properly punished. Done, Fort William Hendrick, this 12'" December, 1673. (Signed,) A. Oolve. (Undersigned,) N. "QxY Mm, Secretary. 510 LAWS OB ORDINANCE Kxportar tion of pro- visions, etc., from New Orange, pro- hibited. Citizens to lay in six or eight months' supplies. Of the Governor General and Council of New Netherland prohibiting the exportation of provisions and other articles, and directing the laying in at New Orange of supplies for Six or Eight months. Passed 22 December, 1673. [N. T. Col. MSS. XXni. 181.] Whereas it is found that some persons are, con- trary to the Edict issued on the exportation of provis- ions and other goods, dated 12'" instant, exporting a large quantity of provisions, the Governor and Coun- cil of New Netherland have therefore thought fit to prohibit and forbid, until further explanation of said Edict, the exportation from this city from this day forth of all provisions and other articles except so much as each of the inhabitants of this Province residing on the Flat land, shall have need of for their families and no more. Further, the well disposed inhabitants of this city are ordered and commanded from this day forward, to begin to lay in a supply of necessary provisions for their families for six or eight consecutive months, commencing next April. Let every one be warned hereby. Dated Fort Willem Eendrick, 22'> X"", 1673. NEW NETHERLAND. 511 ORDINANCE Of the Governor General of New Netherland for the preservation and se- curity of the Fortifications of New Orange. Passed 27 December, 1673. [N. Y. Col. MSS. XXin. 187.] Wheeeas the fortifications of this city of New Preamwe. Orange have, at great and excessive expense, trouble and labor to the citizens and inhabitants, been for the most part brought to perfection, and it is there- fore necessary that some orders be given for their preservation and the greater security of this city ; therefore, the Governor General of New Netherland hath deemed it requisite to enact the following orders and to make them known by publication to the Burghers : First. From this day forward the Burgher guard of burgher this city shall be posted and commence at the beat of S^e'^os'tfa the drum, about half au hour before sunset, when the berorTsuS"!' Bet. city soldiers then to mount guard shall parade before the City Hall of this city, on pain of paying the fine formerly afiBxed. Item, the city gate shall be closed by the Town city gate to Major and his accompanying men at sundown, and \f^^l^„ be again opened in like form at sunrise. aQdsimrise. Item, the Burghers and inhabitants of this city and no person ° •' to go on tha all others, of what quality soever they may be, the uo''m t.^ guard alone excepted, are strictly interdicted and oS'lSdaSL- forbidden to attempt between sunset and sunrise in any wise going on the walls, bastions or batteries of this city, ou pain of corporal punishment. Item, all and every, be they who they may, are on pin of most strictly interdicted and forbidden, on pain of qSit"thecity death, to presume to enter or leave this city by land, exce*p"tV by any other means, way or manner than solely «*'*■ through the ordinary city gate. And finally, whereas it is found that the Hogs which are kept in great numbers here in this 512 LAWS OF HogB not to be allowed to go ou tbe fortifica- tions, on pain of for- feiture and double tlie value thereof. city at large in the public streets, have done much damage from time to time to earthen fortifica- tions, and that the same will again inevitably happen here to the erected works, every one who keeps any Hogs within this city, is therefore ordered and com- manded to be careful that their Hogs shall not go to, in or on the walls, bastions, curtains or batteries, on forfeiture of said Hogs and double the value thereof, to be applied one-half to the Informer and the other half to the oflScer who shall levy the execution. Let all and every be hereby warned and take heed against loss. Dated Fort Willem Bendrick this 27'" X"", 1673. By order of the Governor General of New Nether- land. (Signed,) E". Batakd, Secretary. This was proclaimed and affixed this day. ORDINANCE Schout and Magistrates of New Orange to maintain theBe- formed Be- ligion agree- ably to the Synod of DOTt. Schout to attend and preside at meetings of the Burgo- masters and Schepens, unless another person be appointed. When Schout acts as Public prosecutor he shall not Of the Governor General and Council of New Netherland prescribing the Duties and Powers of the Court of the City of New Orange. Passed 15 January, 1674. [N. T. Col. MSS. XXm. 195.] 1^* The Schout and Magistrates, each in his quality, shall take care that the Eeformed Christian Eeligion conformable to the Synod of Dordrecht shall be main- tained, without suffering any other Sects attempting any thing contrary thereto. 2. The Schout shall be present at all Meetings and preside there, unless the Honorable Governor or some person appointed by him be present who then shall preside, when the Schout shall rank next below the youngest acting Burgomaster. But whensoever the Schout acts as Prosecutor on behalf of Justice or otherwise, having made his complaint, he shall NEW NETHERLAND. 513 then rise up and absent himself from the Bench dur- fit on the ^ Bench. ing the deciding of the case. 3. All matters appertaining to the Police, Security, g^^^V" and Peace of the Inhabitants, also to Justice between Mtfi^fcT' the amount man and man, shall be determined by final Judgment ^^ea"^; by the Schout, Burgomasters and Schepens aforesaid SboJfthat amount to the amount of Fifty Beavers and under, but in J*?J|'|S'*. all cases exceeding that sum, each one shall be at lib- colSfcu?'* erty to appeal to the Governor General and Council here. 4 All criminal offenses which shall be committed Jurisdiction of the Court within this City and the Jurisdiction thereof, shall be cm™w'°°^ amenable to the judicature of said Schout, Burgo- r^iqSies •^ o punishable masters and Schepens, who shall have power to judge tat^lflen- and sentence the same even unto death inclusive; ingMrporai ' punlsh- provided, and on condition, that no sentence of cor- S^lcu'^a'® poral punishment shall be executed unless the fl^'ff^v^J' approval of the Governor General and Council shall aJincrif be first sought and obtained therefor. 5. The Court shall be convoked by the presiding ^°^'oJ[„ Burgomaster who shall, the night before, make the tn^^fthe same known to Capt. Willem Knyff (who is hereby gj:i°j*^ provisionally qualified and authorized to b? present aSa"''*'^' at and preside over the Court in the name and on the behalf of the Governor), and so forth to the remaining Schout, Burgomasters and Schepens. 6. All motions shall be put by the first Burgomas- g,yj,^g2i ter, whose proposition being made and submitted for ifSSga. consideration, the Commissioner there presiding in the name of the Governor, shall first vote there, and so afterward the remaining Magistrates, each accord- ing to his rank; and the votes being collected, it shall then be concluded according to plurality. But if it happen that the votes are equal, the President ^jfj?g°'"> shall then have power to decide by his vote, in which SS'n^'oTol' case, those of the contrary opinion as well as those ifyt?"be re- corded, but of the minority, may register their opinions on the JShiTc*^* 65 514 LAWS OF Minutes, but not publish the same in any manner Senior Bur- Qut of the Oourt ou paiu of arbitrary correction. gomaster to * v of tSoMd 7. The Burgomasters shall change rank every half months, year, wherein the oldest shall first occupy the place then to be •' ' fjr- by'thfnfxt of President and the next shall follow him ; but dur- elaj^bui^this ing this current year the change shall take place every quanlfrfy four mouths, since three Burgomasters are appointed during the ,. ,-. . current lor this ycar. year. "^ Court to 8. The Schout, Burgomasters and Schepens shall hold regular d^yBtoYe" told their Session and Oourt Meeting as often as the aploiml'I same shall be necessary, on condition of previously appointing regular days therefor. Schout, 9. The Schout, Burgomasters and Schepens shall Burgomas- ^ ^ tfchope^ns have power to enact and, with the approbation of toeSt" the Governor, to publish and afiBx Statutes, Ordi- ordinances, ^ nances and Placards for the Peace, Quiet and Advan- tage of this City and the Inhabitants thereof within fliSting"with their district, provided that the same do not in any Fifthe1-Yan°d; wlse couflict, but agree, as much as possible, with the Laws and Statutes of our Fatherland. LawsanT 10. Said Schout, Burgomasters and Schepens shall Orders of ^"^ tte^Bxecu- be bound rigidly to observe and cause to be observed er^'e'nfent; ^^^ Edlcts aud Ordlnauces of the Chief Magistracy, and not to suffer any thing to be done contrary thereto, but proceed against the Oontraveners accord- ing to the tenor thereof; and further promptly exe- cute such orders as the Governor General shall send them from time to time. To^^knowi- 11. The Schout, Burgomaster and Schepens shall tbe"sov?r- be also bound to acknowledge their High Mighti- eigntyofthe ci <= Gralraiand Desscs thc Lords States General of the United orowe,"ind Netherlands and His Serene Highness the Lord Prince of Orange, as their Sovereign Eulers, and to maintain their High Jurisdiction, Eight and Domain in this Country. Sior'Sffl?' 12. The election of all inferior officers and servants cers, except J^^'^secre- m the cffiploy of said Schout, Burgomasters and NEW NETHERLANR 515 Schepens shall, with the sole exception of the Secre- tary, be made and confirmed by themselves. 13. The Schout shall execute all judgments of the f^^JtV" Burgomasters and Schepens, without relaxing any, oftlfcoSt, unless with the advice of the Court, also take good nuisances. care that the jurisdiction under his authority shall be cleansed of all Vagabonds, Whore-houses, Gam- bling houses and such impurities. 14. The Schout shall receive all fines imposed dur- gg^"/"** ing his time, provided they do not exceed yearly the sum of Twelve hundred Guilders Wampum value, which having received he shall enjoy the just half of all the other fines, on condition that he presume neither directly nor indirectly to compound with any criminals, but leave them to the judgment of the Magistrates. 15. The Schout, Burgomasters and Schepens afore- ^™«»°'i said shall convoke an Assembly on the 11'" day of o'ew'Sigis- the month of August, being eight days before the election of New Magistrates, and in presence of the Commissioner to be qualified for that purpose by the Hon"'" Governor General, nominate a double number of the best qualified, honestest and wealthiest Tueirquau- persons, and only such as are of the Eeformed Chris- tian Eeligion, or at least well affected toward it, as Schout, Burgomasters and Schepens aforesaid, which nomination shall be handed and presented folded and sealed, on the same day, to his Honor ; from which nomination the election shall then be made by his Honor on the 17'" day of the month of August, with continuation of some of the old Magistrates, in case his Honor shall deem the same necessary. Done, Fort Willem HendricTc the 15'" January, 1674. By order of the Hon"" Governor General of New Netherland, (Signed,) N. Bataed, SecreV. 516 LAWS OF • Preamble. Sale or ?ift of strong T,tquors to Boldiersj and taking on pledge, or purchas- ing, their clothing, arme or accoutre- ments, pro- hibited. Penalty. ORDINANCE Of the Governor General of New Netherland further prohibiting the sale of Strong Liquor to Soldiers in garrison at New Orange. I'assed 24 January, 1674. [N. Y. Col. MSS. XXni. 202.] Whekeas it is found by daily experience that, notwithstanding previously issued Ordinances and Edicts, some inhabitants of this City still presume to sell strong drink to the Soldiers and Matrosses in the public service here in Fort William Hendriclc, and on board the ships of "War, whence great mischiefs arise ; Therefore the Governor General of New Neth- erland hath thought proper, renewing and enlarging the previous Edicts on this subject enacted, strictly to interdict all persons, of what quality soever they may be, after the publication hereof, from selling, bartering, giving on credit, or making a present to any of the said Soldiers or Matrosses of any strong liquor, much less to receive on pawn or to buy any clothing, arms, ammunition or other material there- for; and whosoever IS found contravening these shall not only not receive any satisfaction for his delivered "Wares, but, moreover, pay a fine of One hundred guilders in Beaver for each time, and the Officers whom these may concern are recommended and com- manded to take care that these be put into execution and the violators thereof be duly prosecuted. Done, Fort William Hendriclc, this 24 January, 1674. , NEW NETHERLAND. 517 ORDINANCE Of the G-overnor General of New Netherland authorizing the imposing of a Tax for the payment of the Debt of the city of New Orange, and appointing Commissioners to assess the same. Passed 1 Feb- ruary, 1674. [N. T. Col. Mss. xxrn. soe.] Whbkbas the Burgomasters and Schepens of the ^'^'^Me. city of New Orange, have made known to me by peti- tion that, in consequence of the excessive expenses incurred by them in the fortification of this City, they owe a considerable sum of money, and that they are daily troubled and applied to by their creditors for payment ; requesting that some expedient be found and invented for the payment and discharge of those expenses already incurred, and yet to be incurred for completing said fortifications, which request of theirs being found consistent with equity, and taking its necessity into serious consideration, I find that for the present no means can be enacted or discovered more reasonable, fitter or more equitable than to raise the moneys by form of a tax on the wealthi- est and most afl3uent inhabitants, as is practiced in Fatherland, in such and similar circumstances. Therefore have I deemed it necessary to Ordain that ^^5t?fo'?* an assessed tax be levied on the estate and means, iH'S'oTanga /I 1 1 1 • 1 1 > worth over without any exception, of all the mhabitants of this JvTaluhor- city of New Orange, those alone being exempted '^^' whose capital shall be estimated not to exceed the sum of One thousand guilders Wampum value, and in order that said assessment may be effected in the tenderest and fairest manner, I have resolved, that it be made by six indifferent persons, and to that end have commissioned and appointed, do hereby com- co^mmis"-' mission and appoint, for the supreme government vaiutluch Mr. Cornells Steenwyck and Secretary Nicolas Bayard, and for the commonalty, Mr. Cornells van Buyven, 518 LAWS OF and Mr. Olof Stevensen van Cortlant, who with the two Deputies to be commissioned by the Magistrates from their body are authorized to effect said valuation in manner as aforesaid, and render me a written report thereof. Done, FortWillem HendricTc, this 1st February, 1674. ORDINAitTCE Of the Governor General and Council of New Netherland prohibiting the use of any other than Amsterdam Weights and Measures. Passed 20 Febrtiary, 1674. [N. T. Col. MSS. XXm. 212.] Preamble. The Govcmor General and Council of New Nether- land, being informed that previous to the date hereof divers sorts of Measures and Weights have been in use in this City, whereby the good Inhabitants are liable to be seriously defrauded and wronged ; there- fore the Governor General and Council have thought it necessary to interdict and forbid all Merchants, Traders, Shopkeepers and others who vend or sell any No Weights thing by the ell, measure or weight, from making MccpuhosI use within this City of any other than the real Am- Skijfeu-; sterdam Measure and Weight; and in order that such ""*' may be done, all Merchants, Shopkeepers and Inhabit- ants of this City are ordered and commanded to Weights have their measures, ells and weights stamped within and Meas- uTM^inuae fourteen days from the date hereof by the sworn s^'^"^ Sealer, to be appointed by the Worshipful Court of this City, on pain and fine of Twenty-five guilders, Penalty. Bcaver currency, for each unsealed Weight or Meas- ure which will be used after that date by any Mer- chants, traders or inhabitants, and the officers whom these may concern are strictly ordered to be careful that this be particularly observed and duly executed. Done, Fort William Hendrick, the 20 February, 1674. NEW NETHERLAND. 519 ORDINANCE Of the Governor General of New Netherland calling on the Militia of the Dutch Towns to repair to New Orange on the first notice. Passed 13 March, 1674. [N. T. Col. MSS. XXin. 223.] The Governor General of Neiv Netherland : To all those who shall see these presents or hear them read, Greeting, makes known • Whereas the fortifications of the city of iVew preamwe. Orange, are, by the good zeal and industry of its Burghers, so far completed as to be now on the eve of perfection, when this City will be in such a state of defense that it will be capable (under God) of resisting all attacks of any enemies which might be expected to come hither; nevertheless, considering that in such case it would not be possible to defend all the surrounding villages and out places of this Province, but that their safety must depend alone on the preservation of said City, as previous experience hath clearly made manifest ; therefore have I deemed it necessary hereby, strictly to order and to command all out people of the Dutch nation, dwelling in the InSlDMSx respective circumjacent towns, and on the Flat land, ceSTo^^ that they repair to the aforesaid city of New Orange aSedto without any delay, provided with proper hand and n^ot'ceStb" *J ^ *■ ■*• ^ approach of side arms, on the first notice they shall receive of the t^«'^°o™y- enemy's approach, or even of the coming of more than one ship at the same time, whether it be with the Prince's flag or otherwise, on penalty that all who will be found negligent therein, shall be declared i'e'"'«y- traitors and perjurers, and consequently be proceeded against as enemies, or be punished with death and confiscation of all their goods, as an example to others; and all Schouts, Magistrates and Militia ordcrtobo ' ^ published in officers of the respective towns to whom these shall toVm"^' be transmitted, are ordered and commanded to make 520 LAWS OF known this our order without any delay, in their respective towns and the dependencies thereof, by publishing and posting the same, to the end that no man plead ignorance in the premises, and further- more take care that this our order be duly observed and executed according to the precise tenor thereof. Done, Fort Willem Hendriclc, this 13'" March, 1674. (Signed,) A. Colve. By order of the Hon'''® the Governor General of N. Netherland. (Signed,) N. Bataed, Secretary. The above Proclamation is transmitted to the Schouts and Magistrates of the towns of Midwout, Amesfordt, Breuckelen, Utrecht, BoswycTc, Haerlem, Fordham, Bergen. Preamble. ORDINANCE Of the GrOTernor General of New Netherland forbidding inhabitants of New Orange leaving, or passing the night outside, the City without permission, or corresponding with the enemy. Passed 16 March, 1674. [N. Y. CoL MSS. TXTTT 224.] The Governor General of New Netherland: To all those who shall see these presents or hear them read, Greeting, makes known : Whereas the fortifications of this city New Orange are, through the good zeal and industry of its citi- zens, so far advanced that they will now soon be brought to such perfection and posture of defense, as to be, under God, capable of resistance and defense against the attacks of any enemies who might be expected, nevertheless it being considered that the preservation of the entire Province, is for the most part dependent on the preservation and security of this place, therefore have I at this present NEW NETHERLAND, 521 conjuncture, for its better security to call on and order all the out people of the Dutch nation in the circumjacent towns, and on the Flat land, to repair to this City with their respective companies, on the first notice of the approach of any enemy, and to stand by their colors, as they have all promised to do ; therefore have I, in like manner, deemed it essen- tially necessary, all and every of the Burghers, Free- inimbitama men (Poorters) and inhabitants of this city. New ^Sand Orange, women and young children only excepted, ^^p^^^°"°f strictly to interdict and forbid, without exception of niSt out- what rank soever he may be, to presume to depart Ijj'^^^^j^ hence to any other place, or to pass the night out of ^'°''" this City without special consent from their Magis- trates and oflBcers, much less to absent themselves persona from within this City, on the arrival of any enemies, l^^^^^^f'^ or directly or indirectly to correspond with the enemy ip^roachof, or corrcy- on pain of death and the confiscation of all their p™^^^^^ enemy, to property. goods; andthoseof the Court of this city aforesaid are be'Sshed T 1 T T 1 by death hereby ordered and instructed to communicate these flS^t?o''n"of ' presents to their inhabitants, to the end that no man plead ignorance in the premises. Done, Fort Willem Eendrick, this 16'" March, 1674 (Signed,) A. Colve. 66 522 LAWS OF Citizens of jVciy Orange, whose es- tates exceed in value 4.000 guild- ers, To loan the hundredth penny of the assessed value of their prop- erty. Loan to be repaid from proceeds of certain Duties. ORDINANCE Of the Governor General and Council of New Netherland authorizing a Loan to defray certain expenses incurred by the Government. Passed 17 March, 1674. [N. T. Col. MSS. XXm. 225.] Whekeas, it is deemed of the highest necessity by the Governor General and Council of New NetUerland, at this conjuncture, that the fortifications already erected and still required to be constructed on this Island Manhatans, for the security of this city and Province of New Netherland, should now be brought in a short time to a wished-for end, which it is not possible to effect in a proper manner unless some means to that end be devised and furnished, from which the expenses of said fortification already incurred and to be hereafter incurred, may be de- frayed and paid, to which end the Court ol this city also hath made divers applications and petitions; therefore the Governor General and Council of New Netherland have resolved and ordered, that said money shall be furnished and advanced as a loan by the most affluent inhabitants of this city, or such ef them whose capital will, by the valuation made by the Conjmissioners appointed for that purpose on the IT"" February last, exceed the sum of Four thousand guilders. Wampum value, hereby ordering and com- mandiug all and every, the said persons, to furnish and advance by way of a loan, for the completion of the aforesaid fortifications, to the person to be for that purpose appointed, the hundredth penny of the capital at which each of them was assessed and entered at said valuation, and such in good mer- chantable Beaver or Wheat, at Wampum price, which furnished and advanced moneys of theirs shall be reimbursed, returned and paid from the extraordi- nary Duty imposed the 16'" October of last year, on NEW NETHERLAND. 523 exported Beavers and Peltries and Imported duffles, blankets, powder, lead, guns, wines, brandies, dis- tilled liquors and rum ; whicli Duty is resolved and S-ntoued"* ordered to be continued and imposed until the time "epaid. said advanced moneys will be effectually returned and paid, and no longer ; for such is deemed to be necessary for the public good. Done, Fort Willem Hendricic, this 17"^ March, 1674. (Signed,) Antony Colve. By order of the Governor General and Council of i\r. Netherland. (Signed,) 1^. Bayaed, Secretary. ORDINANCE Of the Governor General of Kew Netherland against the running at large of Swine, &c., in New Orange. Passed 16 April, 1674. [N. T. Col. MSS. XXm. 235.] Whereas daily experience hath soown that not- Preamble. withstanding previously published Ordinances and Edicts, serious damage is done to the fortifications of this city by Cattle and particularly by Hogs which run and are kept in herds along the public streets, and also cause great stench and filth within this City, which being infected therewith serious sick- ness is engendered in consequence ; to prevent and obviate which as much as possible, I have therefore thought it necessary to interdict and forbid, three days after the publication hereof, the running of any ^^^"j,^'' Hogs, be they big or little, within this city along the ""^' public streets, but they shall run and be confined in inclosed and fenced places; also the allowing of Horses or Cows to feed within the walls of this city. Horses and or to go along the public- streets without a person to M^w%S!we drive them to and from pasture, under the penalty of penalty.^ ' the forfeiture of the Hogs which will be found after 524 LAWS OF said time within this City's walls along the public streets ; and in case any Horse or Cow shall be found along the public streets without a keeper, the owner thereof shall, for each time his cattle are taken up, be fified in a penalty of Twenty-five guilders, nofjaid* Wampum value, which fine, if not forthcoming and hoirA°Se paid within 24 hours, shall be paid and made good from the proceeds of the sale of the Horse or Beast which shall be publicly sold by the Ofiicer; and the Officer of this city is required and commanded to take care that these presents be duly executed with- out distinction of persons, as I have considered the same to be for the advantage of this city and its inhabitants. Done, Fort WiUiam Hendricli this 16* April, 1674. animal to be sold. April, 1674. The Magistrates of Middletown (N. J.) passed an Ordinance forbidding all persons leav- ing said Town, unless in the public service, or unless they give security that they will return as soon as their business is performed. This Ordinance was disapproved 19 April, 1674, by the Governor and Council, " as no person can be hin- dered changing his domicile within the Province, unless arrested pursuant to Law." N. Y. Col. MSS. XXTTI. 238. Tk. NEW NETHERLAND. 525 ORDINANCE Of the Governor General and Council of New Netherland proMbiting the shooting of Hogs on Manhattan Island without permiasion. Passed 19 April, 1674. [N. Y. Col. MSS. XXm. 237.] On complaints made by the Magistrates of Neio p^Mmfie. Haerlem, that divers persons without their knowledge had gone to shoot Hogs on this island, whereby they have lost several Hogs, requesting that some order may be made in the premises, therefore the Governor General and Council have thought proper to interdict and forbid any person, be he who he may, from now ^oo'^e^,^' henceforth going to shoot or catch Hogs in the public S?^^inS?ng woods on this island, unless he give previous notice jf^^'f^%°'g to and obtain the consent of the officer of this city S°°^^^gS. - t.n inland, wlth- or of the Town of Neiv Haerlem, under a penalty oi °'j'/«f^.'^- One hundred guilders. Wampum value ; also, all per- ^^'f^^T sons, actual inhabitants of this island only excepted, liSa^en. from allowing any Cattle or Hogs to run and graze in the public woods of this island without consent as aforesaid ; whereof the respective Courts shall have to inform their inhabitants by posting up written notices. Dated as above. INDEX. Ackter Col: page. Freedoms and exemptions granted to the inhabitants of, 467 Jolin Ogden, sheriff of, .: 480, 504, 507 Laws defining powers and duties of town courts sent to, 480 Laws and ordinances enacted by the Assembly of, 492 Each town to provide a minister, ibid Meeting houses to be erected in the towns of, 490 Reward offered for the destruction of wolves in, ibid Public inn to be set up in each town, ibid Town marks for horses of, 497 Officer to be appointed to brand horses and record their marks, 488 Horses about to be exported to Maryland to be entered, ibid Boundaries of towns to be recorded, 499 Town surveyors to be appointed, ibid ) Inhabitants, ministers and magistrates excepted, to work three days on the public roads, 500 Fence viewers to be appointed in, 501 Pound to be erected in the several towns of, 503 Order about public rates in, 503 Valuation of grain and provisions in, ibid j Jacob Melyn, treasurer of, 504 g Salary of the secretary of, 505 Elizabethtown declared the capital of, ibid District court established in ; its jurisdiction, ibid Fees of the district and town courts, 506 Samuel Hopkins, secretary of, ibid Laws of, to be translated into Dutch before being ratified, 507 Names of towns composing the district of, ibid Adultery : ,g (See Crimea and, miedemeanors.) Aerts, Jan: Taxed to build minister's house at Wiltwyck, 414 Aertsen, Suyck : Appointed schepen of Breuckelen 58 14 14 528 INDEX. Africa : paob. Trade opened between New Netherland and Angola 81 No vessel sent from New Netherland to, 83 Conditions for the importation of Negroes into New Netherland from, . . 127 Negroes imported from Guinea into New Netherland 191 Limits of the trading privileges of the West India Company in, 455 Agriculture : Local courts empowered to make laws appertaining to, 478 Aldrichs, Peter : Sheriff at the South river 479 America : West India Company olJtaia the exclusive right to trade from the south end of Terra Nova through the straits of Magellan to the straits of Anyan, • 455 And to plant colonies in unoccupied territory in, 456 Amesfoort : Grant of, vacated, 132 Militia officers of, 159 Law enacted by the court of Midwout and, for the better security of the village of Midwout, 229 Magistrates authorized to have the palisades around the village repaired, 373 Granted a separate court 390 Court to consist of sheriff and three magistrates, 391 Names of the magistrates of, ibid Date of the original charter of, ibid Inhabitants to take out patents for their lands, 409 Deeds and mortgages of real estate in, to be executed before the magis- trates and recorded, 460 Powers and duties of the court of, 476 Militia of, ordered to New Orange, 520 Ammunition : Not to be sold to Indians, 19, 47 Amsterdam, City of: Weights and measures of, to be used in New Netherland, 25, 28, 46, 51, 109 344, 518 Law of the, against drawing of weapons, fighting and wounding 62 Conditions offered by the, to those who will settle on the South river, . . . 239 Laws of descent in force in, transferred to the South river, 241 Articles and ordinances to be observed by those who are sent to New Netherland by the,v 269 Inferior courts in New Netherland constituted agreeably to the custom of, 396, 403 Boundaries of the colonie of the, 436 Additional privileges to the colonie of the,. ... 447 (See New Amstel.) INDEX. 529 Amusements : (See Festivities.) Angola : (See Africa.) Appeals : p^^^ Allowed from courts of Patroona, in cases exceeding fifty guilders, 7 From Englisli courts, in suits exceeding forty guilders 27 None to lie from judgments pronounced in New Netlierland, 147 Allowed in criminal cases 242, 268, 399, 406 Allowed from judgments of town courts in actions exceeding fifty guilders, 386, 389, 397, 404, 423, 458 Not allowed in criminal cases from the court of New Amstel, 388 From town courts in actions amounting to 240 florins, to lie to tlie district court, 477 In suits above 240 florins, to lie to the Governor and Council, 477, 486 From the court of Schaneghtede, to lie to the court of Willemstadt, 480, 486 From the coiirt of the Out district on Manhattan island, to lie to the court of New Orange, 489 Appellants to pay double fine if appeal be dismissed, 490 Allowed from the court of New Orange in actions over 50 beavers 513 Applegate, Thomas: Patentee of Flushing, 48 Arbitrators : (See Courts.) Arnold, Isaac : Sheriff of the towns on the east end of Long Island, 480 Articles and Ordinances : To be observed by those who are sent to New Netherland by the city of Amsterdam,. 269 Assembly : Held in New Netherland, passes sundry laws, 149 Of Elizabethtown, code of laws enacted by, 492 Assize : (See Bread) backer, Jan ae : Contributes to the building of the minister's house at Wildwyck, 415 JBakers : (See Bread.) Hal, Barent, : Taxed to pay minister, 306 Haerents, Andries : Taxed to build minister's house at Wildwyck, 414 Barents, Jacob : Taxed to build minister's house at Wildwyck, 414 67 530 INDEX. Bawdy houses: v^a^ Sheriff to remove, 479, 487, 515 JBaxter, George : 46 One of the patentees of Qravesend, 53 Signs treaty of Hartford 217 £ayard, Nicolas : Secretary of New Netherland, 466, 485, 509, 512, 515, 520, 533 Commissioner to value real estate in New Orange, 517 Beaver : (See Pars) Beddard, Thomas : Patentee of Flushing, 48 Beehnan, William: Sloops going up or down the North river to report at the Esopus to,. . . . 465 Schepen of New Orange, 466 Beer: (See Liquors.) Benches, Jacob: 466,470, 475 Bergen : Court established at ; its powers, 403 Inhabitants to take out patents for their lands 409 Public well to be constructed at, 424 Grantees of lands to keep a man able to bear arms on their lots in, 449 Law defining the powers and duties of town courts sent to, 480 Court empowered to decide suits to the amount of 60 florins, ibid Laws for the observance of the Sabbath, and respecting fences, passed by the court of, approved, 482 Militia of, to repair armed to New Orange, on notice, 520 Beverwyck : Tax imposed on houses and lots in, 181 Inhabitants of, take mortgages on lands at the South river and complain of being defrauded, ; 321 (See Fort Orange; WUlemstadt.) Billion, Piere : Magistrate of Staten Island, _. 458 Bills of sale : (See Legal instruments.) Blacks : Colonists to be supplied with, 10 Adulterous intercourse with, prohibited, 12 (See Negroes.) INDEX. 531 JBlancon, Jacob : paoe. Taxed to build minister's house at Wildwyck, 415 £lom, Hev. Sermanus : Denounces Shrovetide festivities, 334 JBoai-ding-houses : To pay half tavern keepers' excise, 364 JBoes, Xicolas : 466 Sol, Jan Claes : Member of the coimcil, 68 71, 72, 73, 75 JBooks : Importing, receiving, distributing or concealing seditious and erroneous books, writings and letters, punishable by fine of 100 guilders, 428 .Borstelen, Egbert van : Assessed to pay minister, at Brenckelen, 305 Jiosloopers : (See Runners.) boundary : Of the town of Hempstead, 42 Of the town of Flushing, 48 Of the town of Gravesend 53 Between the Dutch and English on Long Island, 215, 457 Between New Netherland and Connecticut, 316, 457 Of the colonie of New Amstel, 436 Of towns in Achter Col, to be recorded, 499 Sout, Jan Evertsen : Appointed schepen of Breuckelen, 58 One of the board of nine men, 76 Brabander, Jan de : Taxed to build minister's house at Wildwyck, 414 Brazil : Trade opened between New Netherland and, 81 Bread : Not to be exported Ill Regulation for the baking of, 113 Bakers not to bake cakes or white bread except for grand entertainments, 113 Assize of, established, ibid Bakers allowed to bake white, 115 Common loaf to be composed of pure white and rye flour, ibid Assize of, further established, : . 120 Bakers ordered to bake rye bread ibid 532 INDEX. Bread: — (Continued.) page. Ordinance regulating the baking of, renewed, 138 Ordinance regulating the taking and sale of, renewed, 139 To be baked twice a week, 361 "Weight and price of, ibid Of short weight, to be confiscated and bakei fined, 262 Bran not to be mixed with, ibid Local courts to have inspection of, .' ibid Bakers to take out licenses every quarter ; fee for license, ibid To be baked and sold according to the assize fixed by law, 345 Not to be sold higher than the legal price, 358 Price of, in silver, beaver and wampum 360 Regulation for the assize of bread at Fort Orange, 361 Bredenbent, William : Magistrate of Breuckelen, 160 Contributes to the support of the minister, 806 Breuckelen : Court of justice established in, 58 Ordinance for the better defense of the Dutch towns on Long Island, passed by the court of, 159 Tax imposed on houses and building lots near the ferry, 181 Fees receivable by the clerk of the court of Midwout, Amesfoort and, 190 Assessment imposed to pay the minister, 304 Names of persons assessed to pay the salary of the minister, 305 Tenths farmed, 402 Inhabitants to take out patents for their lands, 409 Crops not to be removed from the field until the tenths are paid, 445' Deeds and mortgages of real estate in, to be executed before and recorded by the court of, 460 Powers and duties of the court of, 476 Militia of, to repair armed to New Orange on notice, 520 (See Ferry) Brewers : To return quantity of beer brewed at each brewing, 41 (See Liquors.) Bridges : (See Highways.) Broadstreete, Symon : 217 Broerse, Jan : Taxed to bulla minister's house jt Wiltwyck, 414 Brooklyn : (See Breuckelen.) Brouwer, Adam : Taxed to pay minister, 306 INDEX. 533 Buildings : p^o^ Law regulating the erection of, 74 In New Amsterdam, mostly of wood, and covered with straw 83 Wooden chimneys in New Amsterdam, prohibited, ibid Merchants and traders in New Amsterdam to erect decent, 90, 103 To be erected on vacant lots in New Amsterdam on pain of forfeiture of ground, 105 Tax on building lots in New Amsterdam, Beverwyck and at the Ferry,. . 181 Straw roofs and wooden chimneys prohibited, 208 Thatched roofs and wooden chimneys in New Amsterdam, to be removed in four months, 333 Tax imposed on houses in New Amsterdam for the purchase of fire buckets, hooks and ladders, 323 Fires not allowed in houses the walls of which are constructed of straw,. 416 In New Orange, ordered to be removed, 483 Burgher Guard : ' (See Militia.) Burgherright : Persons who have abandoned their property, deprived of, unless they return within twenty-four hours, 109 Ordinance establishing great and small, 398 Scotch and other traders to take out common or small, 399 Fee for small, 399, 303 Transient persons not to carry on any trade or business in New Amster- dam except they procure small, 300 Fee for great, 300, 302 Burgomasters and schepens of New Amsterdam to establish great, 300 Fee for, and privileges of great, ibid Classes of citizens entitled to great, 301, 308 Great burgherright hereditary, 301, 302 Classes of citizens entitled to small, 303 Husbands of native born daughters of burghers entitled to small, ibid Great burgherright purchasable, ibid Lists of burghers to be kept and copy to be lodged in secretary's oflBce, . . 303 Persons not possessing burgherright, excluded from the privilege of trading to any part of New Netherland, 377 Burhamse, Jacob : Taxed to build minister's house at Wiltwyck, 414 Collector of excise at Esopus 419, 422 BushwycTc : Court of justice erected at, 389 Inhabitants to take out patents for their lands, 409 Powers and duties of the court of, 476 Militia of, to repair armed to New Orange on notice, 530 Canarisse : Grant of, vacated, .' 133 534 INDEX. Cape Cod: -bkov. The Dutch discover and occupy places as far as, 456 Cape Hinlopen : LimitB of New Netherland extend 15 leagues south of, 456 Carman, John : Patentee of the town of Hempstead, 43 Cattle : Conveyed to New Netherland free of charge, 4 Owners of hogs committing trespass, to pay a fine and make good damage 21, 22 To be herded, ; 21. 64 Penalty for trespasses committed by horses, cows, hogs, goats and sheep, 23 Fair to be held annually at New Amsterdam for the sale of, 29 Quit rent on grazing and breeding, 46, 51, 57 Swine trespassing, may be impounded until damages are paid, 64 Swine not to run at large in New Amsterdam ; beyond the Freshwater, to be herded 85 Horses, cows, sheep, goats or hogs, not to run at large within certain limits, 118 Goats, sheep and hogs found on the walls of Fort Amsterdam, to be im- pounded, 170 Orders sent to New Netherland for the increase of sheep, 171 Tax imposed on horned cattle 181 Goats in New Amsterdam to be kept in stables or beyond the Freshwater, 201 Tax imposed on slaughtered, 208 None to be slaughtered without a permit, 209 Fee for slaughtering ibid Goats at Fort Casimir to be herded, 218 Swine at Fort Casimer to be yoked ; if found trespassing to be killed, . . . 238 Two fairs established at New Amsterdam for, 364 Trespassing at Wildwycl;;, to be impounded, 417 Loose cattle not to be driven over the new road at the Esopus, 420 Found trespassing, to bo impounded, 454 Fines on impounded, ibid If not released on the second day, to be sold to the highest bidder, ibid Town marks for horses in Achter Col 497 Horses about to be exported from Achter Col to Maryland to be entered, 498 Swine in Achter Col to be yoked, 501 What are to be considered unruly, 502 Public rates in Achter Col on, 503 Hogs found on the fortifications of New Orange to be forfeited, 513 Horses, cows and hogs forbidden to run at large in New Orange 523 If found in the streets without a keeper, to be taken up, and sold if fine be not paid 524 Shooting of hogs or grazing of cattle on Manhattan Island without per- mission, forbidden 525 INDEX. 535 yjCLttSKlll * Pagk. (See KattakUl) Chambers, Thomas : Purchase of lands by, annulled 132 Taxed to defray expense of building minister's house at Wildwyck, 413 Charitable Tnstitutiotis : Goods for, exempt from fees of weigh-house, 177 (See Weighing-Jumse.) Charter : Of the town of Hempstead, 42 Of the town of Flushing 48 Of the town of Gravesend, 53 Of Amesfoort and Midwout, date of, 391 Abstract of charter to the West India Company, 455 (See Freedoms and Exemptions.) Chimneys : Wooden, prohibited, 82, 208 Penalty for foul, 83 Owners of foul chimneys at Fort Orange, to pay a fine of £1, 257 Wooden, in New Amsterdam to be removed in four months, 322 Tax on chimneys in New Amsterdam 333 Penalty for foul chimneys or chimneys taking fire at Fort Orange, 363 Tax imposed at Fort. Orange on, 385 Wooden, at Wildwyck, prohibited, 410 Chimyiey Sweeper, Jan the : Taxed to pay minister, ' 306 Church : Portion of fines appropriated to the benefit of the, 24, 71 , 464 Town of Hempstead empowered to erect churches, 43 Fee paid at the custom-house for the ; 249 Portion of certain fines appropriated for the church or poor, 263 Children to be catechised weekly in the, 461 Town courts empowered to enact laws for the erection of churches, 478 Lutheran, in New Orange, ordered to be removed, 483 Meeting-house to be erected in each of the towns in Achter Col within twelve months, 496 Citizenship : (See Burgherright.) City Marshal : (See Officers, public) Claessen, Tjerck : Taxed to build minister's house at Wildwyck, 414 Clapboards : Not to be entered at the custom-house 91 536 INDEX. Claaen, Battel: PAoa Taxed topaj miniBter at Breuckelen, 305 ClercJc, Jan de : Taxed to pay minister, 306 Clergymen : (See Ministeri) Cobbet, George : His house, etc., at New Orange ordered to be removed, 483 Codfish : Patroons privileged to catch and export ; duty on, 8 Colonies : Freedoms and exemptions to those who plant, 1 May appoint deputies, 3, 9 West India Company empowered to establish, 456 Colonists : Exempt from taxes for ten years, 7 Conditions offered by the city of Amsterdam to those who will settle on the South river 239 Articles and ordinances to be observed by colonists sent out by the city of Amsterdam, 369 Sent out by the city of Amsterdam, to remain four years in New Neth- erland, 273, 287 At South river, to be supplied from the publi<; store, 278 Not to trade guns or munitions of war to Indians, 287 Not to sell supplies issued to them from the public store, 288 City of Amsterdam bound to send to New Netherland four hundred, 436 Colve, Anthony : 466, 475 Governor of New Netherland, 416, 484, 509, 520, 531, 533 Commerce : (See Trade.) Conditions and Jtegulations : For the importation of negroes 127 Offered by the city of Amsterdam to those who will settle at the South river, 239 (See Articles ; Freedoms and Exemptwns.) Connecticut : Boimdary line between New Netherland and, 316, 457 Lands on the Connecticut river, ceded to the English 216 Fresh river discovered and occupied by the Dutch, 456 Consolers of the Sick : (See Ministers.) INDEX. 537 Constable : taoy:. Town of Flushing empowered to elect a, 49 Powers of, 50 (See Sheriff.) Conyne Island : Inhabitants of the town of Gravesend may put their cattle to graze on, 54 Contraband: (See Mre arms; Trade.) Contracts : (See Legal Instruments) Conventicles : Laws against, 211, 428 (See Religion.) Copsterdt, Sendrick de : Taxed to pay minister, 805 Cornelissen, Albert : Magistrate of Breuckelen, 160, 305 Assessment for minister to be paid to, 304 Contributes to pay minister at Breuckelen, 305 Cornelissen, Ariaen : Appointed fence viewer on Manhattan island, 436 Cornelissen, Sendrick : Taxed to build minister's house at Wildwyck, 414 Cornelissen, Jan : Ma^strate of Bushwyck, 389 Cornelissen, Peter : Taxed to pay ministtr, 305 Magistrate of Amesfoort, 390, 391 Cotton : (See MercTiandise.) Council, Members of the: .... 41, 68, 71, 72, 78, 75, 78, 102, 103, 104, 105 108, 112, 114, 125, 140, 143, 162, 169, 173, 184, 185, 189, 190, 191, 197, 201 203, 208, 214, 220, 257, 300, 484. Court Messengers : (See Officers, public.) Courts : Patroons', to decide cases below fifty guilders, 7 Thursday appointed for the sitting of the court in New Amsterdam, 12 Of English towns, to decide cases as high as forty guilders, 27 Magistrates of the town of Hempstead empowered to hold, 43 Jurisdiction of the court of Hempstead, 44 68 538 INDEX. Courts : — (Continued.) paoe. Jurisdiction of the court of Gravesend, 55 Of Breuckelen, established, 58 Of arbitrators, established, 77 Jurisdiction of the court of Flushing, 07 Of New Amsterdam, the city marshal to execute judgments of, 186 City marshal's fees on judgments of, 187 Fees of the clerk of the court of Breuckelen, 190 Of Midwout and Amesfoort to provide for palisading the former Tillage, 229 Established on the South river, i 241 Jurisdiction of the court on the South river, 243 To have the inspection of bread 263 Of New Amsterdam, empowered to pass sentence of branding and whip- ping, 268 On shipboard, how constituted 270 Duties of the court on board ship, 284 Of Breuckelen, imposes an assessment to pay the minister, 304 Promised to Haerlem, 336 Erected at Haerlem ; its jurisdiction 386 At New Amstel, empowered to decide finally cases of 600 guilders 388 Of Bushwyck, erected ; its jurisdiction, 389 Separate court erected in Midwout and Amesfoort, 390 Established at Wildwyck, 395 Inferior, in New Netherland, constituted according to the custom of Amsterdam, 396, 403 At Bergen, established, 403 At New Utrecht, erected, 422 Erected on Staten Island 458 Of New Netherland, duties and powers of, 476 Town courts empowered to make laws against fighting and petty offenses, 478 Of Willemstadt and Renselaerswyck, duties and powers of, 485 Of Willemstadt, empowered to pass sentence of deatMf 486, 487 Of the Out district on Manhattan island, duties and powers of, 488 Fees of courts in Achter Col 506 Of New Orange, 513 Jurisdiction of court at New Orange, 513 Courts, District : How composed ; 477 Appeals from town courts in civil actions amounting to 240 florins, to bo made to ibid Of Achter Col, to be composed of one magistrate from each town and to sit at Elizabethtown, 505 Jurisdiction of said court, ibid Fees of said court, 506 Courts-Martial : How composed, 285 INDEX, 539 Couwenhoven : pj,g^ (See Oerritsen; WolpJiertsen) Cregier, Martin : Appointed firewarden, 82 Burgomaster, 140 Cresson, Peter: Magistrate of Haerlem, 388 Creupel, Anthony: Taxed to build minister's house at Wildwyck, 415 Crimes : Persons guilty of adultery, perjury, calumny, theft and other, to he pun- ished, 13 Laws against drunkenness, 13, 60 Drawing a knife or wounding, punishable by fine or three months' hard labor >vith negroes, 33 Fine imposed for taking the name of God in vain, and for drunkenness on guard 85 Selling liquor to Indians punishable by fine, and for second offense by banishment, 53 Drawing a knife or dagger, punishable by fine or six months' hard labor on bread and water, 63 Inflicting a wound, punishable by fine or eighteen months' hard labor, . . ibid Damages to farms, orchards, gardens, etc., punishable by fine, 64 Laws against drunkenness, not observed, 93 Tavern keepers to give notice when any person is wounded or hurt on their premises, 95 Drunkards on Sunday to be arrested and punished, 99 Persons selling liquor to Indians to receive corporal punishment, ■ 100 And in addition to be fined 500 guilders, 183 Persons damaging fences, orchards or farms, to receive corporal punish- ment, 186 Removing fences punishable by whipping and branding; and second oflfense, by death, 195 Misdemeanors and minor offenses punishable by branding and whipping, 368 Cursing, swearing or blaspheming on board ship, punishable by fine or corporally, 271 Gambling on board ship prolubited, 383 Wagers not recoverable, ibid Penalties for drunkenness, assaults and murder on shipboard, 283 Penalties for simple assault, for assaults attended with bloodshed, and for assault in the presence of a magistrate, 334 Penalty for living together as man and wife, unless married, 328 Law against fighting, wounding, etc., renewed, 344 Misdemeanors to be tried by local courts, 386, 389, 399, 406, 423, 458 478, 488 Court at New Amstel, authorized to decide criminal cases without appeal, 388 540 IKDEX. Crimes : — (Continued.) PAsa Cases of crime to be referred to the director and council, 398, 406 Drunkenness on Sundays, punishable by fine and imprisonment, 416 Assisting or exhorting at conventicles, punishable by fine, 428 Importing, or circulating seditious or erroneous books, punishable by fine and confiscation, 439 Cases of crime to be referred to the governor-general, 477 Committed at Schaneghtede, to be referred to the court of Willemstadt, . 480 Disturbers in Achter Col of the public peace, and defamers of the govern- ment to be sent for trial to the governor, 493 Disturbers of public worship ; revilers of the Protestant religion, and evil speakers of the magistracy to be punished, ibid Blasphemy, cursing and swearing, drunkenness, theft, punishable by fine, etc., 494 Fornicator to marry the woman, if single, and pay a fine of £5 ; refusing to marry, to pay a fine of £10 and maintain the child, 495 Perjurers to pay damage, and not to be allowed to give evidence until pardoned, ibid Liars and circulators of false reports to be fined and to pay damages, . ibid Parties convicted of instituting vexatious suits, to be fined, 496 Counterfeiting marks on horses, punishable by fine, 498 Currency : {See Beaver; Wampum.) Custom-house : Furs and liquors to be entered at, previous to exportation, 221, 233 Farmer of the, complains of being defrauded, 233 Fees payable at the, 249 Fees of porters at the, 250 Law against false entries at the, 401 Farmer of the customs empowered to visit departing vessels ; not to be obstructed in the performance of his duty, 441 Customs : Colonists exempt for ten years from, 7 JDaem,e, Jan : Taxed to pay minister, 305 VAmarex, David: Magistrate of Staten Island 458 Damen, Jan Jansen : One of the board of nine men 76 Deaconry : Goods not to pay weigh-house fees, if imported for the, 177, 226, 393 DecJcere, Johan de : Commissioner of tenths, 356 INDEX. 541 DefaulU : paok. Defendants not appearing, fined, 34 De Foreest, Isaac : Inspector of tobacco, 140 De Laval, Thomas : His property attaclied, 469 His property confiscated, 474 Delaware River : Swedes cultivate tobacco on the 107 (See South river.) De Peyster, Johannes : Burgomaster of New Orange, 466, 484 De Witt, Peter Jansen : Magistrate of Bushwyck, 389 DeWitt, TJercJc: (See Claeasen.) Dircksen, Cornelius : Taxed to pay minister, 305 DircJcsen, Joris: Contributes to pay minister, ibid District Courts: (See Courts, district) Dortrecht : Religious meetings not in accordance with the synod of, prohibited in New Netherland, 211 Reformed religion agreeably to the synod of, to be maintained in New Netherland, 476, 485 Doughty, Francis : Town of Flushing bounded by the land granted to, 48 Drisius, Mev. Mr. : On the state of religion at Middlebuigh, 213 Drunkenness : (See Crimes and misdemeanors.) Dutch, Laurence : Patentee of Flushing, 48 Duties : Patroons exempt for eight years from, 9 Onfurs, 6, 73, 135 On salt, 7 542 INDEX. Duties : — (Continued.) paoe. On codfish, 8 On tobacco 17 Ten per cent to be paid on imported goods, 31 Foreign merchants not to dispose of their goods before paying, 88 On imports from Virginia and New England, 126 On negroes, 137 Additional duty imposed on furs, 136 On Indian goods, 154, 172 On fiirs, beer, brandy and -wine, 221, 349 On exported liquors, modified, 231 Payable to the West India Company in Amsterdam on merchandise exported to N^w Netherland, , 245 Products of New Netherland imported into Holland exempt from, 246 On furs imported into Holland, ibid Payable only in good merchantable beaver at eight guilders each skin, 255 Imports, except provisions, malt, tobacco and sugar, subject to ten per cent duty, iP±S Claims against public oflBcers not to be allowed, except when author- ized, as an offset against, 410 Imposed on exported furs and imported Indian goods, guns, ammunition, and liquors, to pay for property in New Orange taken for public pur- poses, 481, 484 Continued until a loan incurred by government be repaid, 522 Northampton : Law defining the powers and duties of town courts sent to, 480 Nast River : Declared free to all nations, 91 Ebbing, Jeronimus: Schepen of New Orange, i . . 466 Ejectments : (See Legal proceedings.) Elbertsen, Elbert: Sergeant of Midwout, 159, 160 Taxed to pay minister, 305 Magistrate of Amesfoort, 390, 391 Eldertsen, Luycas : 159 JSlizabethtowti : Privileges granted to inhabitants of, 467 Law defining the powers and duties of town courts sent to, 480 Town mark for horses of, 497 Chief town of Achter Col 505 Court to sit, and aU public affairs to be managed at, ibid , INDEX. 543 Emancipation : p^oj^ Certain negroes declared free, 36 England : Property in New Netherland of the King of England or Ms subjects, seized, 468 Said property confiscated, 474 English : Freedoms and privileges granted in New Netherland to the, 37 Dutch territory on the Fresh river usurped by the, 29 Inhabitants of New Netherland not to purchase produce raised near Fort Hope by the, 30 (See Achter Col. Msopus : Proprietors of lands to fence and improve them, on pain of forfeiture, . . . 387 Sloops navigating the North river to report to commissary Beekman at, . 465 Isaac Qrevenraet, sheriflf at, 479 Law prescribing the duties and powers of local courts sent to, ibid (See Swaenenburgh ; Wildwyck.) Eversen, Jan : (See Bout.) Evertsen, Cornelis: 466,470,473, 475 Evidence : Of Indians, admissible in certain cases, 100, 103, 183, 426 Persons accused of selling liquor to Indians, obliged to purge themselves of the charge, 384 Persons accused of trading with Indians beyond certain limits, to purge themselves on oath, 426 Excise : Colonists exempt for ten years from 7 Law for levying an 38 On beer, wine and brandy, 39 Act for further levying an, 40 Brewer to pay three florins per tun of beer, 41 Additional, imposed on wine, brandy and liquors, 70 Regulations to prevent frauds on the 110 Additional excise imposed on wines and liquors,. . . .■ 142 Law for the better collection of, at Fort Orange, 184 To be farmed, 202 On wine, brandy and beer 203 On liquors, at Fort Casimir, 204 On slaughtered cattle, established, 208 ' Origin of the slaughter excise, 209 Law of Holland introduced into New Amsterdam in regard to the, 263 Brewers to pay twenty stivers on each brewing, 264 544 INDEX.. Mucise : — (Continued.) paok. Brewers and retailers of beer to pay 8 stivers a month for each member of their family over twelve years, unless they commute, 364 Burgher excise, twelve stivers a month, 265 Public officers may commute with the farmer of the, ibid Government exempt from ibid Tavern and alehouse keepers to pay, 396 Wamaer Wessels, farmer of the, 297 Penalty for selling liquor without paying, ibid Boarding-house keepers to pay half tavern keepers, 364 Imposed on liquors at the Esopus, to aid in paying for the minister's house, 418 Jacob Burhamse, collector at Esopus of the, 419, 432 Thomas de Laval appropriates the revenue arising from the tapsters', . . . 469 (See Liquors.) Executions : (See Legal proceeding)) Extravagant Grants: Of land to Wouter van Twiler and others, vacated, 132 Fairs : Two to be held annually at New Amsterdam, 29 Two cattle fairs established in New Amsterdam, 364 False reports : Law against spreading, 168 Disseminators of, to be arrested and prosecuted, 169, 495 Reward for the discovery of circulators of, 169 Farmer of the Customs : (See Ciiitom-Jumse.) Farmer of the Excise : (See Excise) Farmer of the Tenths : Wamaer Wessels and Paulus Vander Beecq, 402 (See TentJu.) Farmer of the Weighing-house : Law for the protection of, 232 Farming Im,plem.ents : Exempt from duty, 246 (See Lands) Farms: To be properly fenced, 64 (See Fences) Farrington, Thomas: Patentee of Flushing, 48 INDEX. 545 Fast driving : pabe. (See Ifew AmMerdam.) Feecq, Tobias: Sheriff of Flushing, presents remonstrance against the law relating to Quakers, 338 Fees : Of the marshal of New Amsterdam, 187, 188 For executing a deed before the magistrates of New Amsterdam, 189 Of the clerk of the court of Breuckelen, Midwout and Amesfoort, 190 At the custom-house, 349 Of public porters, 250 For a license to bake bread or sell liquors, 262 For inspecting tobacco at the South river, 268 Complaints made of exorbitant, 329 Of notaries, clerks and other legal officers, 331, 332 Of court messengers, 355 For branding horses, 498 Of district and town courts, in Achter Col, 506 Fences : Damages to, punishable by fine, 64 In New Amsterdam, to be regulated by the surveyors of streets, 74 Persons inj uring fences to receive corporal punishment, 186 Farther provision for the preservation of, 193 Removal of, to be punished by whipping and branding, for the first offense, and by death if offense be repeated, 195 Lands at Fort Casimir to be inclosed 218, 266 Patented lands to be fenced, 295 Ordinance against damaging, renewed, 343 Law for the preservation of, renewed, 365 Magistrates of Haerlem empowered to enact laws for erection of, 387 Lands at the Esopus to be fenced and improved on pain of forfeiture, .... ibid Court of Bushwyck to enact laws regulating, 390 At Wildwyck, to be kept tight, 416 Proprietors of lands at the Esopus, to fence and improve the same, 437 Three fence viewers to be appointed in each village and settlement 453 Duties of fence viewers, ibid Fence viewers appointed for the Island of Manhattan, 463 Order regulating the erection and height of fences in Achter Col, 501 Fence viewers to be appointed in Achter Col ; their duties, ibid Division fences to be set up and kept in repair, 502 Ferry : Law regulating ferry at the Manhattans, 162 No person but the ferry-master to keep boats for hire, 163 Ferryman to keep boats on both sides of the river, ibid Kates of ferriage, 164 69 546 INDEX. Ferry : — (Continued.) paok, Hours for running ferry boats 164 Ferryman entitled to double ferriage at night, and not to cross in a storm, 165 Public officers exempt from ferriage, ibid Cornells Dirksen, late ferryman, 305 Ferriage for cattle remaining unsold after the New Amsterdam fairs,. . . . 364 (See Breuckden) Festivities : Firing of guns, planting May poles, beating drums, selling liquor on New Years or May days, prohibited 205 Dancing, playing ball, cards, tricktrack, tennis, cricket, ninepins and pleasure parties before or during divine service on the Sabbath, pro- hibited 259 Pulling the goose, prohibited and farmers fined for celebrating the feast, 333 Petition against Shrovetide festivities, 334 Games prohibited on days of fasting and thanksgiving, ibid Law against May-day and New Years festivities, renewed, 366 Playing at golf in the streets, prohibited 367 Guns not to be discharged on New Years day 368 Boating, riding on cars or wagons, fishing, fowling, gathering nuts or strawberries, children playing in the streets on the Sabbath, prohibited, 448 Field, Robert : Patentee of Flushing, 48 Fire arms : Not to be sold to Indians, 19, 47, 101 Importation of snaphance and gunbarrels prohibited, 230 Munitions of war smuggled into New Netherland, 237 Fire Department : Firewardens appointed in New Amsterdam 82 Their powers, 83 Chimneys to be inspected and parties fined who neglect to clean them, 102, 363 Fire buckets, hooks and ladders ordered to be pm-chased, " 323 Firewardens appointed at Wildwyck, 416 Each householder in Achter Col, to provide and keep a good ladder on pain of fine, 500 No fires to be made in the woods, 501 (See Chimneys) FireiBood : Not to be entered at the custom-house, 91 Stealing of, punishable corporally, 186 Not to remain piled in the streets at Beaverwyck over ten days, 368 Firman, Robert: Patentee of Flushing, 48 INDEX. 547 Fiscal : page. Fines payable to the, 22, 24 Commanded to prosecute persons who violate the Sabbath, 63 Van Dyek, ordered to erect a pound 04 To take up hogs and goats running at large, 85 To exact and examine clearances of vessels, 90 Goods to be entered with, 91 To enforce the law regulating trade and navigation 92 To arrest drunkards 99 To inspect wejghts^^nd measures, 109 Permits tbiNK^QK^ beer to be exhibited to, Ill To affix la^^^REfetiug the currency, 116 Van Dyckll^^s that no request for negroes had been presented, 127 To collect duty on furs, 136 Provisional fiscal to enforce the law for the more general planting of corn, 142 Reports that illegal notices of marriages have been posted at Gravesend, 152 To notify persons who have removed their goods from New Amsterdam, to quit the province 167 Not to take more than the legal duties 172 Commandant to assist the provost in the execution of his duty, in the absence of the, 179 To enforce the law against furnishing liquor to Indians, 183 To inspect all departing and arriving vessels and vehicles, and to prose- cute smugglers, 210, 221 To enforce law against conventicles, 212 Not to clear vessels until inspected 233 To prevent importation of articles of contraband and to seize them, if imported, 238 To prosecute smugglers 239 To decide differences between the custom-house porters and merchants as regards charges for porterage 250 To receive only good merchantable beaver for duties, 255 Goods not to be sliipped until entered with the, 316, 350 Shippers of tobacco to report the number and contents of each cask to the, 337 Tavern keepers to report cases of fighting, wounding, etc., to the 344 Fugitives and strangers to be reported to, ibid Boats not to board vessels after sailing, without a permit from, 345 Goods not to be landed until entered with the, 350 To cause law regulating duties to be translated into English and French, 351 Court messengers to assist 355 To enforce law for the better government of -New Utrecht 372 Sheriff to communicate information against persons charged with any offenses, to the, 376 The prosecuting officer, ibid Not to grant passes for navigating the North or South river except to vessels previously commissioned by director and council 382 Sheriff not to preside in court when acting for the, 397 Not to grant permits for shipping of furs before inspection, 401, 405 548 INDEX. JEl,sh : paqb. Salted or dried, the produce of New Netherland, exempt from duty in Holland 246 Fisheries : Colonists may establisn, 8 Flatbiish : (See Midwout) Flatlands : (See Amesfoorf) Flushing : Charter of the town of, ': ' > 48 Additional privileges to, 97 Order against Quakers opposed by the magistrates of, 338 Threatened with an abrogation of patent, ibid Sheriff to be versed in Dutch law and the Dutch and English languages, 339 Senior magistrate to act as sheriff, ibid Town-meetings prohibited in ibid Seven townsmen to be elected ; their powers, 340 Magistrates to inquire for an orthodox minister, ibid Inhabitants to take out patents for their lands and to contribute to the support of a minister 341 Persons refusing to contribute to support of minister to quit the province, ibid Law defining the powers and duties of local courts sent to, 479 (See Highways) Fordhain : Militia of, to repair armed to New Orange on notice, 520 Fordham, Robert : Patentee of the town of Hempstead, 42 Fort Amsterdam : (See New Amsterdam) Fort Casimir : Excise on liquors at, 204 No liquors to be sold to Indians, ibid Plantations and lots to be fenced, 218, 266 Hogs to be yoked ; if not yoked, to be killed, *. 228 Inhabitants of the South river not to go to the Indian country to trade, or obstruct Indians when they visit, 293 Penalty for annoying Indians at, 294 Fraudulent mortgages executed at, declared null 321 (See Neio Amstel ; South river.) Fort Hope : Vessels trading to, to take out a clearance, 19 The Dutch ill-treated at, 29 INDEX. 549 Fort Hope : — (Continued.) p^oj,. Inhabitants of New Netherland not to purchase produce raised near, 30 Peltries to be entered at, 84 (See Connecticut; Hartford.) Fort James : Called Fort William. Hendrick, 470 Fort Nassau : On the Delaware, fraudulent mortgages on lauds near, declared null, .... 331 Fort Orange : Clearances to be taken out by vessels trading to, 19 Peltries to be entered at, 84 Permitted to trade in guns, powder and lead 128 No person to trade in the Indian country without a permit, 137 To report^ stock of grain on hand, 146 Law for the better collection of the excise at, 184 No liquors to be removed without a permit, 185 Penalty for foul chimneys in 257 Bakers to bake twice a week in, 361 Those who do not bake in winter prohibited from baking in summer, . . . 362 Regulation for the better prevention of fires at, 363 Kate at which debts incurred prior to the law regulating Wampum may be paid, 365 Assaulting Indians at, prohibited, 366 Playing at golf, piling firewood in the streets, or firing guns on New Years, prohibited, 367 Burghers only allowed to trade to 377 Runners not to be employed in the Indian trade at, 378 No person to go beyond the houses on the hill, or to the water side in search of Indians ibid Runners prohibited going into the woods to induce Indians to trade with particular persons at, 381 Indians to be at liberty to go with their goods wherever they please, at Beverwyck, Fort Orange or Renselaerswyck, 383 Chimney tax imposed to pay expense of plank fence around, 385 Runners forbidden to go up the river, or into the woods to trade with Indians, , 394 Limits beyond which no person shall trade with Indians at, 425 Disorders in the Indian'trade at, 426 Indians not be obstructed at, 427 Inhabitants of Beverwyck and Renselaerswyck complain of Indian trade at Schanechtade, 442 Authorities of, to seize and remove Indian goods found at Schanechtade, 443 Non-residents forbidden to carry on retail trade at, 462 (See Beverwyck ; Willemstadt.) Fort WiUem Hendrick : 466 et seg. Houses, gardens and orchards lying too near, to be removed, 482 550 INDEX. Forts : paoe. West India Company reserve the right to build, 2, 455 Foure, Michiel : Taxed to defray expense of building minister's house at Wildwyck, 414 Fowling : (See Bunting and Fowling.) France : The King of, complains that the Dutch sell arms to Indians, 47 Property in New Netherland belonging to the King of France or his subjects, seized, 468 Confiscated, 474 Freedoms and exemptions : To patroons, 1 And privileges to English settlers, 27 Granted to the inhabitants of Achter Col, 467 Frenchman, Nicholas the : Taxed to support minister, 306 FVesh river : (See Connecticut.) Fugitives from service : (See Servants.) Firs: Duty on, 6 Duty on beaver brought to New Amsterdam 39, 40 Unstamped beaver to be confiscated, '. 40 Not to be exported until entered, 66 To be stamped and the duty paid thereon, 67 Duty on exported 73, 48 To be marked and entered at Forts Orange, Nassau and Hope, 83 Or at New Amsterdam, 84 Former duty on, 135 Additional duty imposed on, 130 To be entered with the district commissary before removal, and an invoice thereof produced to the fiscal, 210 Not to be shipped or removed unless entered and the duty paid 220, 233 And a permit be obtained, • '. . 231 Duties on 221, 349 Not to be carried to other houses after entry 231 Duty payable in Holland on 246 Beaver rated at 8 guilders per skin, 255 Half beavers to be received according to weight 256 Price of, 290 To be entered and shipped on the day of entry, 350 Not to be taken from Indians on the plea of carrying their packs or against their will, 383 INDEX. 551 Furs : — (Continued.) p^oe. To be brouglit for inspection to the public stqre, and not to be sbipped until inspected and marked, 401 Indians to bo allowed to trade their fars at Fort Orange with whomso- ever they please, 427 Beaver rated at seven guilders each 434 Beaver to be paid at sis guilders each, .- ibid Quitrent on beaver at the South river, allowed to the colonie of New Amstel, 436 Indians not to be obstructed, but to be allowed to trade where they please with their, 464 Duty imposed on exported beavers and peltries to pay for property taken for public purposes, 481, 484 JFur trade: Reserved to the West India Company, 6 Not to be carried on by private persons, 11, 15 GdbrieVs land : In Breuckelen, taxed to support minister, 306 Game : • Partridges or other game not to be fired at within the limits of New Amsterdam, 138 Gaming : Playing at cards, tricktrack and tennis, on the Sabbath, prohibited 259 On shipboard, penalty for, 283 Kunners at Fort Orange pass entire days in drinking and card playing, . . 426 Sheriffs to clear out gamblers, % 479, 487 515 (See Festivities.) Gardens : Reward for the discovery of those who rob, 18 Exempt from tenths, 46, 50, 57 Damages to, punishable by fine 64 Considerable ground in New Amsterdam occupied for pleasure, 325 Local courts empowered to regulate the setting oflF of, 478 In New Orange, taken for public purposes, 483 Gerrit, the Wheelvrright : Taxed to support minister, 305 Gerrits, Albert : Taxed to defray expense of building minister's house at "Wiltwyck, 415 Gerrits, JBarent : Taxed to build minister's house at Wiltvryck, 415 Gerrits, Jan, : Overseer of fences, 437 552 INDEX. Gerritsen, Willem : VAax. Cbrporal of AmeBfooit, 159 Gerritsen, Wolphert : Grant of land on Long Island to, vacated, 182 Goats : (See Cattle.) Goods : (See Merchandise.) Gouwanes : Tax list of, 306 Tenths of, farmed, 403 Grain : Wheat not to be malted or brewed, Ill Wheat or rye not to be exported, 112 Ordinance prohibiting the exportation of wheat and the malting thereof, removed, 138, 140 Planters to sow as many hillocks of com, peas or grain as of tobacco, . . . 141 Fort Orange, Beverwyck and Renselaerswyck, to make a return of grain on ha#d, 146 Tenths of, to be paid, 402 Selling wheat, rye or other grain at the Esopus by unstamped measures, punishable by fine, 431 Prices at which the public rates in Achter Col may be paid in, 503, 204 (See Tenths.) Gravesend : Charter of the town of, 53 Magistrates post notices of intended marriages of non-residents, 152 Such notices annulled 153 Powers and duties of the court of^ 470 Greenwich, Conn. : Boundary between New Netherland and Connecticut commences at, 216, 457 Grevenraet, Isaac : Sheriff at the Esopus, 479 Guinea : (See Africa.) Gysbert, Albert : Taxed to defray expense of building minister's house at Wildwyck, 414 Haerlem : Privileges granted to a new village to be established at the end of Man- hattan Island, 335 Court of justice, minister, ferry, cattle market, and a road to New Amster- dam, promised to 336 Settlers intending to take up lands at, to register their names, 337 INDEX. 553 Saerlem : — (Continued.) p^oj^ Lots and farms to be fenced within six weeks on pain of forfeiture, 301 Ordinance erecting a court of justice at, 386 Magistrates empowered to enact laws for the fencing of lands, 387 Inhabitants to take out patents for their lands, 409 Out district of Manhattan island lies between the Freshwater and, 488 Rewards offered for the destruction of wolves between New Orange and, 489 Militia of, to repair armed to New Orange on notice, 520 Shooting hogs or gracing cattle on Manhattan Island forbidden, except by permission of the sheriff of New Orange or of, 535 SaJl, Thomas : One of the board of nine men, 76 Appointed firewarden, 82 Hans, Black : Taxed to pay minister, 305 Sansen, Hans : Deceased, 402 Hardenberch, Arnoldus Van : One of the board of nine men, 76 Harmse7i, Peter : His house, etc., at New Orange ordered to be removed, 483 Hart, Edward: Patentee of Flushing, 48 Hartford : The English usurp Dutch territory and call it, 29 Act of the States General approving of the treaty of, 215 Dutch to hold the lands they actually possess at 216 Eastern boundary of New Netherland as settled by the treaty of, 457 Heathens : Adulterous intercourse with, prohibited, 12 Heerman, Augustus : One of the board of nine men, 76 (See Hermans) Hegeman, Adrian : Schout of New Utrecht, 423 Town records of New Utrecht to be transferred to, 424 To count the tenths before crops are removed, 445 Hellakers, Jacoh : Magistrate of New Utrecht, 423 70 554 INDEX. Sellgate : page. Grant of, to Wouter van Twiller, vacated, . . . ■• 133 Hempstead : Charter of the town of, 43 Some of the inhabitaaits of, submit to the Dutch government, 475 Inhabitants who have not taken the oath of allegiance to do so within four days on pain of being considered public enemies 476 Law defining the powers and duties of town courts sent to, 479 Jlendrix, Gerrit : His house, etc., at New Orange, ordered to be removed, 483 Hendrix, Harmen : Taxed to defray expense of building minister's house at Wildwyck, 414 Henroosts : Reward for the discovery of those who plunder, 18 Herhertsen, Anderies : Magistrate of Fort Orange, 257 Hermans, Augustine : His house, etc., at New Orange, ordered to be removed, 483 (See Heerman.) Her/mans, Albert : Taxed to defray expense of building minister's house at Wildwyck, 414 Hicks, John : Patentee of Flushing, 48 Schepen of Flushing 97 Hides : (See Merchandise) Highways : Privies and hog-pens on the highways and streets of New Amsterdam, . . 74 Surveyor of streets in New Amsterdam appointed, ibid To be kept passable 114 Streets of New Amsterdam, laid out and staked, 219 Road to be constructed from New Amsterdam to Haerlem, 336 Town of Flushing empowered to regulate, 340 Streets and highways not to be obstructed, 345 Playing at golf and piling firewood in the streets, prohibited, 367 At New Utrecht, to be cleared and leveled, 373 Court of Wildwyck to enact laws for the regulation of, 399 Court of Bergen authorized to regulate, 407 New road and bridge to be constructed at the Esopus, line of, 420 Persons found traveling on public roads, except armed and in parties of four or five, to be fined, 444 Local courts empowered to regulate, 478 INDEX. 555 Highways : — (Continued.) p^g^. On Manhattan island, to be kept clear, and fallen trees to be removed on pain of fine, 490 Each inhabitant of Achter Col, ministers and magistrates excepted, to work three days in every year on the, 500 Commissioners of, to be elected ibid To be kept clear of obstructions, ibid Hillhrantsen, Theunis : Lance corporal at Midwout, 159 Soms, George : Inspector of tobacco, 140 Hopkins, Samuel: Secretary of Achter Col, 606, 507 Mom money : ' (See Taxes.) Horses : (See Cattle) House lots : Quitrent on, 16 Houses : (See Buildings) Hiibhard, Jam,es : Patentee of Graveseud 63 Hudde, Andries : Grant at Amesfoort to, vacated, 133 Hudson River : No person to trade at the, unless owner of real estate to the value of 2,000 or 3,000 florins, 89 Intercourse prohibited with the Indians on the west side of, 200 Boundary between Connecticut and New Netherland not to come within ten miles of the, 216, 457 Oyster shells not to be dredged on, 347 No person to navigate or resort to the North river without a permit, .... 383 Sloops not to navigate the North river except two together, 465 Hidter, 3frs. de: Taxed to defray expense of building minister's house at Wildwyck, 414 Bridge to be erected at the land of, 420 Hunting and fowling : Free to Patroons 8 To English settlers, 28, 44, 50, 56 To settlers on the South river, 244 556 INDEX. Suntington : paoii. Law defining tlie powers and duties of town courts sent to, 4S0 S.urley : Grantees of lots in the new village at the Esopus to place farmers thereon, and to improve the same, 437 Overseers appointed at, itiid Law defining the powers and duties of town courts sent to, 479 Suybertsen, Adriaen : Taxed to pay minister, 305 Indians : To be paid for their lands 9 Firearms not to be sold to 19 Trespassers on the maize lands of, to make good all damage, 22 Rewards offered for the heads of Raritan, 28 Penalty for selling liquor to, * 34, 53, 64, 95 Mxmitions of war not to be sold to, on pain of death, 47 No person to go into the interior to trade with, 63 Further law against selling liquor to, 100 Evidence of Indians admissible against such as furnish them liquor, 100, 188 Law prohibiting the sale of firearms to, renewed, 101 Wages due to, to be paid 103 Evidence of Indians admissible against those indebted to them for wages, ibid Law regulating the purchase of lands from 130, 173 Laws against selling liquor to, not observed, 182, 310 No liquors to be sold to, on penalty of five hundred guilders, 183 Drunken Indians to be imprisoned, ibid Intercourse with Indians on the west side of Hudson's river, prohibited, 200 Liquors not to be sold on the South river to 204 Not to be harbored near New Amsterdam, 228 Armed, not to be admitted into New Amsterdam or any villages or houses, 235 Indian interpreter to communicate last mentioned law to, ibid Law against furnishing liquor to Indians, renewed, 259 Selling liquor to Indians punishable by a fine of five hundred guilders, corporal punishment, and banishment, 260 Persons privy to such sales and not informing, to pay half the fine, ibid No person to trade guns or munitions of war to, 278, 287 Not to be injured, 286, 287 Inhabitants of the South river not to go to the Indian country to trade with, or to annoy Indians when they visit Fort Casimir, 293 Liquor not to be sold directly or indirectly to, 311, 343 Bread baked at Fort Orange vrithout being weighed, for, 361 Not to be assaulted or molested at Fort Orange, 366 To trade wherever they please at Fort Orange, and runners prohibited from going after them, 378 Mohawks complain of being despoiled of their furs and otherwise ill- treated by runners from Fort Orange, 381 INDEX. 557 Indians: — (Continued.) paob. Runners not to go into the woods in searcli of Indians having fuis, ihid Not to be intercepted in the woods, and their furs not to be taken from them against their will 383 To be at liberty to go where they please to sell their goods, 383, 427 Liquors not to be furnished in Beverwyck or Renselaerswyck to, 384 Inhabitants of Renselaerswyck forbidden to send out runners to trade with 394 Inhabitants of Fort Orange not to go beyond certain limits to entice Indians to trade, 435 Evidence of Indians admissible in such cases, 426 Inhabitants of Beverwyck complain that Schenectade trades with, 443 Boarding sloops on the North river between the Danscamer and Cattskill to be arrested, 445 Reward oflFered for the delivery of such as board sloops, ibid Town courts empowered to enact laws prohibiting the sale of liquors to, 446 Found drunk on Sundays to be arrested and fined, 451 Plunder, stolen goods, or cattle not be purchased from, on penalty of resti- tution and fine, 453 Law for the better regulation of trade with 463 Not to be obstructed in their trade, but to be allowed to go with their goods where they please, 464 {See Heathens ; Liquors.) Inspection : Of tobacco ordered, 16 Time for inspection of tobacco 139 Inspectors of tobacco and their fees 140 Local courts authorized to inspect bread, 863 Inspectors of tobacco appointed at the South river, 367 Tobacco for exportation, to be inspected, 308 Tobacco not to be exported until inspected and marked, 309 (See Furs.) , Jacobs, Aert : Taxed to build minister's house at Wildwyck, 414 Jacobsen, Rutger : Magistrate at Fort Orange, 257 Jamaica {L. I.) : (See Muatdorp.) Jansen, £arent : Taxed to pay minister, 305 Jansen, Jan : Taxed to build minister's house at Wildwyck, 414 Jansen, Machiel : One of the board of nine men, 76 Magistrate of Bergen, 434 558 INDEX. Jansen, Peter : p^^o^ Taxed to pay minister, 306 Jansen, Simon : Magistrate of Amesfoort, 391 Jansen, Theimis : Taxed to pay minister, 305 Jansen, Willem: Taxed to build minister's house at Wildwyck, 415 Jaguet, Mr.: Vice-director at Fort Casimir on the Soutli river, 266, 293 Jews : Exempted from military service, 191 Obliged to pay 65 stivers a month exemption money, 193 Laws of Amsterdam in regard to, ibid History of the, under the Dutch in New Netherland, 193, 194 Jochemse, Jlendrich : Contributes to build minister's house at Wildwyck, 414 Johnson, Anthony: Town of Gravesend bounded by the laud of, 54 Joosten, Jacob : Taxed to build minister's house at Wildwyck, 414 Joosten, Jan : Overseer of fences, 437 Joosten, Rutger : Magistrate of Nfw Utrecht, 423 Joosten, Simon: Messenger to the court of Breuckelen, 304 Joris, Hendrieh : Cadet of Midwout, 159 Judgments : (See Legal proceedings) Jurisdiction : Granted to patroons, 3 Of the courts in English towns, 43^ 55 High and low, granted to the colonie of New Amstel 436 (See Courts.) JKattskill : Purchase of, annulled, 132 INDEX. 559 Keyser, Adreaen : pagb. Member of tte council, 78, 108 Appointed firewarden, 83 Kieft, William : Director of New Netherland, 71, 72, 73, 75 Patent of Fluahing granted in the time of, 338 l^iersteede, Hans : Weekly market established near the house of, 251 Kingston : (See Swaenenburgh ; Wildwyck.) J^ip, Hendrick : One of the board of nine men 76 Kip, Jacob : Schepen of New Orange, 466 Knyff, William : President of the court of New Orange, 513 ICorvor, .* Secretary, 288 Lagebergh, 306 Lands: Indian title to be extinguished, 9 Patents to be issued for, 16 Damages to farms, orchards and gardens, punishable by fine, C4 Kegulation for the purchase of lands from Indians, 130 None to be purchased without a license, 131 Various extravagant grants annulled, 132 Tax imposed on, 181 Persons damaging farms to receive corporal punishment, 186 Removal of fences, to be punished by whipping and branding or death, . . 195 Quantity of land to be granted to settlers on the South river, 243 Large tracts of, lie unimproved 294 Fences to be erected around patented, 295 Timber and firewood may be cut on unfenced, ibid Fraudulent mortgages on land in the South river declared null and void, 321 Tax imposed on, at Wildwyck to build minister's house 413 Claimants of lands at Wildwyck to take out patents and improve their plantations 437 Proprietors of unimproved lands to cultivate and fence the same, on pain of forfeiture, 438 Lessees fobidden to employ horses, oxen or other property belonging to the farm, except on the work of the leased premises, 450 Local courts empowered to regulate the setting ofif gardens and, 478 (See Fences; Tenths) 560 INDEX. iMngestraet, Jan : tab-o. Appointed fence viewer, 463 Lawrence, John : Patentee of the town of Hempstead, 43 Patentee of Flushing, 48 Clerk of Flushing 97 Ziawrence, 'William ; Patentee of Flushing, 48 Sheriff of Flushing and adjoining towns on Long Island, 479 Ziaws : Town of Hempstead em^ioweTed to enact, 43 Town of Gravesend empowered to enact, 54 Posting of notices of marriages in places where parties do not reside, is contrary to the civil and ecclesiastical law of the United Netherlands, . 152 Eighth article of the confederation of the United English Colonies incor- porated into the laws of New Netherland, 216 Of descent in force at Amsterdam transferred to the South river, 241 Excise law of Holland applied to New Amsterdam, 263 Director and council of New Netherland forbidden to enact ordinances on certain subjects without the previous permission of the chamber at Amsterdam 299 Enacted by the chamber at Amsterdam and sent printed to New Nether- land, 315, 346 Town of Flushing empowered to enact local laws, 840 Secretary Van Ruyven revises the laws of New Netherland 846 Law regulating duties, ordered to be translated into English and French, 851 Sheriff to prosecute violators of, 374 Magistrates of Haerlem empowered to enact ordinances for the fencing of lands 387 Beprieves not to be granted except according to the laws of Holland, . . . 388 Court of Bushwyck to enact laws regulating fences, 390 Court of Wildwyck authorized to enact laws regulating highways, etc., . 899 Of Holland to be observed, and by-laws not to be published except by con- sent of the director general and council, 400, 407 Court of Bergen empowered to enact local laws, 407 Town courts empowered to enact laws against the sale of liquor to Indians, 446 Sunday law, enacted by the director general and council, declared to be contrary to the freedoms of Holland, 449 Court of Staten Island empowered to enact laws for the fencing of lands, 459 Court of New Orange empowered to enact city ordinances 466, 514 Of Holland concerning inheritance, in force in New Netherland 467 Town courts empowered to make laws for the regulation of highways, laying out of lands, observance of the Sabbath, erection of churches and school-houses, and against petty offenses, 473 Of New Netherland, to conform as far as possible to those of Holland,. . . ibid INDEX. 561 Xaios : — (Continued.) p^oib. Court of Willemstadt and Renselaerswyck empowered to enact local ordi- nances, 487 Court of the Out district on Manhattan island empowered to enact laws for the impounding of cattle, and keeping highways clear, 490 Laws and ordinances enacted by the Assembly of Elizabethtown, 493 Ordered to be translated into Dutch 507 Ordinance of the town of Middletown disapproved, 534 JLawyers : Notaries and others commissioned to bring suits, 339 (See Officers, public.) Leases : (See Legal Instruments.) Leendersen, Paulus: Naval officer, and member of council, 68, 71, 73, 73, 75, 78, 103, 103, 104, 105 Appointed street surveyor, 74 Taxed for minister, 300 (See Van die Orift.) Legal Instruments; Contracts, leases, bills of sale, promissory notes, void unless drawn up by the provincial secretary or by an authorized person 17, 34 Not verified before the court or a magistrate, or not written by the pro- vincial secretary, to be void, 59 Affidavits, interrogatories, contracts, wills, agreements, etc., written by private individuals, and not verified before proper authority, declared void, 108 Deeds and conveyances of real estate not to be signed until approved by the director and council 114 Fee for executing a deed before the magistrates of New Amsterdam, 189 Wills to be record^ 281 How soldiers' wills are to be proved ibid Inventory of property of deceased persons to be made, ibid How proceeds of such property are to be disposed of, ibid Bequests and legacies to be noted in the account of deceased persons, .... 382 Fraudulent mortgages declared null 331 Fees of notaries and others employed to draw up 331, 833 Clerk of the court of New Amsterdam not to verify extracts of judgments, etc., unless revised by the court 380 Deeds and mortgages for land in Breuckelen, Midwout, Amesfoort and New Utrecht, to be executed before the magistrates and recorded there, 459 Legal proceedings : Certain persons publicly summoned to appear within twenty-four hours to prove their innocence, 41 Marshal to pay over proceeds of execution after sale of property, and not to sell more than will satisfy the judgment 188 Summons, when and how to be served, 351 n 562 INDEX. Legal proceedings : — (Continued.) PiOE. Judgments, how to be executed, 353 Executions, how to be levied, ibid Executions against real estate and ejectments, how to be enforced, 353 Mandamus, how to be served, ibid Deposits of money to be paid to plaintiff or into court, 354 Sheriff of New Amsterdam to take information against persons charged with crime 375 Sheriff to execute judgments of the court of burgomasters and schepens, 370 Complaints to be made by him to the fiscal, ibid Letters : Of merchants and private persons not to be delivered by shipmasters until a list of them be made, 313 Postage on ship letters, ibid Hegulation for the safe transmission of letters from New Netherland to Holland, 379 Letter box provided in New Amsterdam for the reception of, 380 Fee for registering ibid To or from places belonging to the enemy, to be delivered into the Secre- tary's office, 509 Lime : Not subject to entry at the custom-house, 91 Liquors : Wine, beer, etc., to be sold only at the public store, 12 Not to be sold within certain hours, 25 Not to be sold or given to Indians, 34, 53, 110, 259 Excise imposed on beer, wine and brandy 39 Brewers to pay excise 41 Penalty for selling to Indians, _ 53, 260 Not to be sold before certain hours on Sunday, or on any evening after nine o'clock, 61 Furtjfer excise imposed on 70 Not to be exported without a permit 71 Brewers not to retail and tapsters not to brew beer 80, 343 Tavern keepers not to receive, without a permit, 96 Not to be sold during divine service 99 Brewers not to sell beer, wine or liquor by retail, 110, 123 Beer to be entered and not to be removed from breweries without a permit HI Ordinance regulating the brevring and malting of grain, renewed 140 Prices of wine, brandy and other, 121, 150, 151, 318 Beer for the poor free of excise, 122 Additional excise imposed on, 142 Excise payable on 143_ 303 Merchants not to deliver wine, brandy or spirits before excise is paid, . . . 143 Tavern keepers allowed to advance the price of, -. 148 INDEX. 563 Liquors : — (Continued.) paok. Duties on brandy, wines and foreign beer, 154, 172, 221 At Fort Orange, not to be removed without a permit, 185 Excise on, to be farmed, '. 202 Brewers not to charge more than twenty guilders for a tun of strong New Netherland beer, 204 Excise established at Fort Casimir ibid Not to be sold on New Years' or May-days, 205 Not to be exported without being entered, 221, 233 Duties on exported, modified, 231 Not to be sold before or during divine service on Sundays, or on any night after the ringing of the bell, 259 Peddling liquor up and down rivers, prohibited, ibid Permits to be taken out for liquor put on board sloops, etc ibid Certificate of delivery of liquor to the consignee to be brought back, on pain of forfeiture and fine, 261 Tavern keepers to take out a license for selling every three months ; fee therefor, 262 Excise payable by brewers and retailers of beer in New Amsterdam, 264 Excise payable by burghers of New Amsterdam 265 Wine, beer or distilled liquor not to be retailed unless excise be paid,. . . . 296 Penalty for selling liquors without license, 297 Not to be sold during divine service on Sunday ; neither directly nor indirectly to Indians 311, 342, 343 Not to be shipped before entry, 311 Goods not to be taken in pawn for, 320 Not to be removed without a permit, 844 Wines, beer, vinegar and oil subject to an import duty of ten per cent, . . 348 Wines and beer to be entered and inspected on the day of shipment, 350 Not to be sold at a higher price than fixed by law, 358 Price of beer, wine and brandy, in silver, beaver or wampum, 359 Fee for license to sell, 367 Ordinance against furnishing liquor to Indians, renewed 384 Excise imposed on beer, wine and distilled liquors at the Esopus, to aid in paying for minister's house, 418 Inhabitants to report liquors in their possession, and to pay excise thereon, 419 Sent to Wildwyck, to be accompanied by a permit and the duties paid thereon 422 Town courts empowered to enact laws prohibiting sale to Indians of, 446 Duty imposed on imported liquors, to pay for property taken for public purposes, 481, 484 Not to be sold to soldiers in garrison at New Orangfe, 516 (See Indians.) Long Island : Grant of the flats on Long Island, vacated 132 Pirates frequent, 155 Law for the better defense of the Dutch towns on, 159 Boundary line between the English and Dutch on 315, 457 564 INDEX. Loockermans, Govert: pagb. One of the board of nine men, 76 Certain purchases of lands by, annulled, 132 liooper. Commander Jacob : Member of the council 68, 71, 73 Lovelace, Governor : His property in New Netherland confiscated, 474 liuhbertz, Frederick : Magistrate of Breuckelen, 160 Land of, taxed to pay minister, 305 Lutherans : Struggles of, for religious freedom in New Netherland, 213 Church of, in New Orange ordered to be removed, 483 Luiten, Walraven : Magistrate of Staten Island, 458 Luyek, Egedius : Burgomaster of New Orange, 4C6, 484 Magistrates : Patroons granted the right to appoint, 3 English settlers may nominate their, 27 Town of Hempstead empowered to nominate ; their powers, 43 Town of Qravesend empowered to nominate, 54 Their powers, 55 Of Breuckelen, names of, 58 Names of the nine men of New Amsterdam, 76 Of Flushing, 97 Names of pirates and vagabonds to be handed in to, 156 Strangers to exhibit their passes to, 157 Of Midwout, authorized to levy a tax to defray town charges, 184 Fees allowed to burgomasters of New Amsterdam for acknowledgment of deeds 187, 189 Of New Amsterdam, authorized to take up a contribution to repay city debt, 197 Of Midwout, authorized to lay out that village, 199, 214 To determine the value of slaughtered cattle, in cases of dispute 209 To enforce the law against conventicles 212, 429 Of New Amsterdam, to agree respecting damages for laying out the streets of that city 219 And to determine what streets are to be first built on, 220 Order the village of Midwout be secured by palisades, 229 Of New Amsterdam, empowered to pass sentence of branding and whip- ping 268 Of New Amsterdam, entitled to the privileges of great burgherright, . . . . 302 INDEX. 565 Magistrates : — (Continued.) paqk. Of Breuckelen, impcBB an assessment for paying tlie salaiy of minister, . 304 Double fine imposed on persons committing an assault in the presence of, 324 Of New Amsterdam, to assess vacant lots in that city, 327 Of New Amsterdam, remonstrate against the prohibition to " pull the goose," 333 Haerlem promised a court of, 336 Of Flushing, continued in office, 339 Their powers and duties, ....!* 340 Of New Utrecht, their powers and duties, 370, 371, 372 Of Midwout, ordered to have the village palisades repaired 373 Of Haerlem, their names and powers, 386 Of Bushwyck, their names and powers 389 Of Midwout and Amesfoort, their names, 391 Qualifications of, 396, 403, 479, 488, 515 Of Wildwyck, names and powers of, 396, 397 If absent on court days, to be fined, 398, 405 Of Bergen, names of, 404 To be punished if neglecting to have weekly collections taken up for the poor, 413 Of New Utrecht, names of, 433 Conniving at conventicles subject to fine, and declared incapable of filling any public office, 430 To enact laws against the sale of liquors to Indians, 446 Of New Orange, names of, 466 To maintain the reformed religion according to the doctrine of the Synod of Dort, 476, 485, 513 Interested in suits not to act as judges, 477, 486, 489 Mode of electing and qualifications of, 479, 488 In Achter Col, exempt from working on liighways, . . . . , 500 To certify accounts against their respective towns, 504 To return the sum total of the estates of their respective towns to the secretary of Achter Col, 505 Mandamus : (See Legal proceedings.) Manhattan Island : West India company reserve the 3 Products of the coast of and country to be brought to, 4, 5, 6 Fort on, to be completed, 10 Persons in the public service not to leave, 18 Cattle inclosure ordered to be built on, 37 Peltries procured on, to be entered, 84 Indians run drunk along, 100 Lots laid out too large on, 105 Farmers fined for pulling the goose on 333 Farmers petition for leave to pull the goose on, and refused permission, 334 566 INDEX. Manhattan Island: — (Continued.) taotc. New Tillage established at the end of, 335 Sods not to be cut or oyster shells dredged ■within certain limits, 347 Fence yiewers appointed on, 462, Their duties and names, 462, 463 Powers and duties of the court of the Out district on, 488 Court of the Out district to decide finally civil cases to the amount of one hundred florins, ; ibid Keward offered for the destruction of wolves on, 489 To keep pound in repair and highways clear, 496 Shooting or catching hogs and grazing of cattle in the woods without permission, forbidden, 525 (See Haerlem; New Amsterdam; New Orange) Manufactures : In New Netherland, prohibited, 10 Manumission : (See Emaricipation.) Marbletown : Law defining the powers and duties of town courts sent to, 479 Marcus, Johannis : Taxed to pay minister, , 806 Markets : Weekly and annual established, 89 Weekly market in New Amsterdam established, 251 (See Fairs.) Marriage : ^ Law regulating the publication of bans, 152 Notices of intended marriage posted in towns where parties do not reside, declared void, 153 Bans to be published where parties reside ' ibid To be solemnized within one month after publication of bans 328 No man and woman to live together as married persons unless they are married, ibid Persons guilty of fornication, if single, to contract, 495 Marston, John : Patentee of Flushing, 48 Martyn, Jan : Taxed to pay minister, , 805 Maryland : Property in New Netherland belonging to inhabitants of, exempt from confiscation, 475 Horses to be entered before being exported to, 498 INDEX. 56 Mathiecongh : p^^^, Govert Loockermans' purchase of lands at, annulled, 132 May day : (See Festivities.) Megapolensis, Rev. Mr. : A slave manumitted at the request of, 60 On the state of religion at Middelburgh, Long Island, 213 Meinst, Peter : Taxed to pay minister, 306 Melyn, Jacob : Appointed treasurer of Achter Col, 504 Merchandise : To be entered when imported or exported, 15, 66, 91 Not to be landed or transhipped unless entered, 72 Regulations for the discharging or loading of, ibid Penalty for landing, without a permit, 92 ^Duty on goods imported from Virginia and New England, 136 Ordinance fixing the prices of imported goods ; disapproved, 149 Prices of shoes, stockings, soap, candles, liquors, etc., 150 Merchants to show purchasers, when required, invoices of certain goods, 151 Duties on Indian goods, brandy, wine and foreign beer, 154 Duties on exported goods, continued, 155 Fees for weighing, 175 Goods sold by weight to pay weigh fees each time they are sold, 170 Fees for weighing at the place of sale, ibid What goods are exempt from weigh fees, 177, 336 No goods over 25 lbs. to be sold without paying weighing fees, 222, 226 May be removed from place to place on paying weigh fees, 223, 226 Brought into or carried out of the city of New Amsterdam, to be weighed and measured by the public weighmaster, 224 Fees for weigliing and measuring, 235 In lots or parcels, to be weighed by the weighmaster, 226 Goods weighed after regular hours to pay extra fees, 227 Invoices of cargo to be furnished before unloading, 237 Penalty for goods not on invoice, 238 When illegally imported, to be seized, ibid Exported from Holland to New Netherland, duties on, 345 Must be landed near the company's store 250 Not to be exported unless previously entered and inspected, 311 When imported, to be entered on pain of forfeiture, 312 Penalty for shipping goods without a permit, 316 Prices of necessary goods 318 Not to be shipped or landed until the duties are paid, 843, 350 Imported from the North, Virginia, or elsewhere, to pay 10 per cent duty, 348 568 INDEX. Merchandise : — (Continued.) pjiok. Provisions, malt, tobacco and sugar, free of duty, 348 Wampum, tobacco, sugar, indigo, cotton, hides, and other products of America, free of import duty, 350 For exportation, to be entered and inspected on the day of sailing, ibid Goods for the colonie of New Amstel to be carried to the West India Company's store and duty paid thereon, 388 Hides to be marked before being shipped, 403 (See Trade) Merchants : To exhibit their books and accounts when required, 66 To show by their books to whom they have sold furs, 68 Law disapproved of in Holland ibid Foreign, may sell their goods by wholesale and retail on board their ships, but to use Dutch weights and measures, 88 Must reside three years in New Netherland and build a house, 101 (See SurgTierright.) Mesier, Peter Jansen : His house, etc., at New Orange, ordered to be removed, 483 Meutelaar, Claes de : Taxed to support minister, 805 Meyer, Andries : His house, etc., at New Orange, ordered to be removed, 483 Meyer, Jan Dirchsen : His house, etc., at New Orange, ordered to be removed, 483 Meyer, Martin: His house, etc., in New Orange, ordered to be removed, 483 Middelburgh, L. I. : State of religion in, 212 Inhabitants to take out patents for their lands, 409 Law defining the powers and duties of town courts sent to, 479 Middleton, Thomas : His interest in Shelter Island confiscated, 471 Middletown : Privileges granted to inhabitants of, : 468 Laws defining the powers and duties of town courts sent to, 480 Town mark for horses in, 497 Horses about to be exported to Maryland to be entered at, 499 Situate in Achter Col 5O7 Ordinance forbidding persons leaving the town, unless in the public ser- vice, or unless he give security for his return, disapproved, 245 INDEX. 569 Midwout : page. Militia officers of, 159 Tax imposed for to^rQ charges, 184 Magistrates authorized to lay out the village of, 199 Lots reserved for minister's house, school-house and other public build- ings in, ibid Plan of the village established, and inhabitants ordered to conform thereto, 214 Ordered to be protected by palisades and a block house, ibid To be palisaded, 229 Penalty on inhabitants neglecting to erect their share of the palisades, 230 Palisades to be repaired and kept in good order, 373 Distinct court erected at, 390 Court to consist of sheriff and three magistrates, 391 Names of magistrates of, .' ibid Date of the erection of the court of, ibid Inhabitants to take out patents for their lauds 409 Deeds and mortgages of real estate in, to be executed before, and recorded by the court of, 460 Powers and duties of the court of, 476 Militia of, to repair armed to New Orange, on notice, 520 Military : Eegulations for the director general's company, 253 Law for the government of soldiers in the service of the city of Amster- dam 285 Taking arms or clothes of soldiers on pawn, forbidden, 432 Sale of strong liquors to soldiers in garrison at New Orange, and taking their clothes or arms on pawn, forbidden, 485, 516 Militia : Inhabitants to provide themselves with arms, 23 Rules to be observed by the burgher guard, 35 Of the Dutch towns on Long Island, organized, 159 Jews exempt from serving in the, 191 Of the Dutch towns, ordered to repair armed to New Orange on notice of the approach of an enemy, 519 Milleard, Michael: Patentee of Flushing, 48 Mills, Flouring : Patroons to have the exclusive right of grinding within their coloniefi, . . 3 Duties of the miller at New Amsterdam, 123 At New Utrecht, to be placed in the block house, 371 (See Windmill) Milt, Anthony de : Appointed schout of New Orange, 406 72 570 INDEX. Mines and Minerals : page. Found in colonies, to belong to Patroons, 3 Discoverers of, to be rewarded, 9 Exempt from royalty for ten years ; after that time to pay one tenth,. . . . 246 Ministers : Provision for, 9 Of New Amsterdam, to preach in the afternoon on Sundays, 98 Lot reserved in Midw6ut for a house for, 199 Unqualified persons exercising the office of preacher, reader or singer, punishable by fine 311 Mr. Moore quits Middleburgh, 213 Provision for, in the colonie of New Amstel, 347 To be treated with respect, 271 Tax imposed to pay Bev. Mr. Poltemius, 304 Hermanns Blom, minister of Wildwyck, 384 Magistrates of Flushing to look for an orthodox, 341 Tax on land to defray the expense of building a house at Wildwyck for 413 Excise imposed at Wildwyck further to aid in paying for the minister's house, 418 Children to be catechised weekly in church in the presence of the, 461 Each town in the district of Achter Col to provide a, 492 In Achter Col, exempt from working on the highways, 500 (See Driaius; Megapolensis.) Moelett, Peter : Taxed to pay minister, 805 Montagne, Mr. La: Member of the council, .. 68,71. 72, 73, 75, 78, 102, 103, 104, 105, 108, 113, 114, 125, 140, 143, 162, 169, 173, 184, 185, 189, 190, 191, 197, 301, 203, 208, 214, 220. Commissary of Fort Orange, 257 Montfoor, Peter: Taxed to pay minister, 806 Moody, Lady Deborah : Patentee of Gravesend, 53 Moody, Sir Henry : Patentee of Gravesend, 53 Moore, Rev. Mr. : Leaves Middleburgh, L. j.., , 213 Munitions of War : (^ee Firearms ; Trade) INDEX. 571 Negroes: p^^^. Colonists to be provided with, 10 Assaults \vith deadly weapons punialiable by fine or hard labor with, .... 33 Act emancipating certain, 30 Children of emancipated, to remain slaves, 37 Jan Francisco, emancipated, 60 To be imported into New Netherlaud from Africa, 81, 83 Conditions and regulations for the importation of, 127 Duty on, ibid Ten per cent ad valorem to be paid on exported, liJl Thomas de Laval appropriates a lot of the West India Company's, 469 (See Blacks ; Slaves.) Neviits, Johannes : Taxed to support minister, 305 JVeio Amstel : Fraudulent mortgages at, annulled, 321 City of Amsterdam to appoint sheriff of, 388 Court to decide civil cases to the amount of six hundred guilders, and no appeal to be allowed in criminal cases, ibid Boundaries of the colonic of, 480 Additional privileges granted to the colonie of, 447 (See Amsterdam city.) New Amsterdam: Inhabitants of, to be warned of approaching danger by the firing of three cannon shot from the fort, 23 Fairs to be held annually at, 29 Rules to be observed by the burgher guard, 35 No nuisance to be committed within the fort at, 38 Public pound to be erected, 04 Limit of the roadstead of, 71 Anchorage ground of port of, 71, 91, 237, 312 Law regulating buildings in, 74 Board of nine men established at, 76 Males, between sixteen and sixty years, to work twelve days at the fort, 79 Brewers not to retail, and tapsters not to brew beer in and around, 80 Houses mostly built of wood covered with straw in 83 Kegulations for preventing fires in, ibid Goats and hogs not to run at large in 85 Weekly market and an annual free market established at, 89 No person to trade at the South or North rivers except owners of real estate in, ibid Traders must build decent houses in 90, 102 Sloops and other vessels can be built or purchased by owners of real estate in 91 Ships not to anchor, except at the prescribed place in ibid Law restricting trade to owners of real estate in, disapproved, 92 Law regulating taverns in, 93 572 INDEX. N'cw Amsterdam : — (Continued.) pagk. Nearly one-fourth of the houses in, devoted to the sale of liquor, 93 Tavernkeepers in, to provide themselves with decent houses, 94 Fire wardens to inspect chimneys and fine those who neglect to keep them clean, 102 Buildings to be erected on vactint lots in, on pain of forfeiture, 105 Fast driving prohibited in, 128, 313 Ships not to be boarded before they have been entered at the custom house, 129 Partridges or other game not to be fired at within the limits of, 138 One-fourth of the inhabitants to work three days in rotation on the forti- fications, 144 Director, councillors and magistrates to furnish one man, and inferior oflicers and negroes, every fourth man for said work, 145 Measures for providing additional works for the fort at, 101 Property removed during a panic from 166 No goods, on pain of forfeiture, to be removed from, 167 Persons removing their goods to be deprived of citizenship ibid Those who remove, to be deprived of their lands and citizenship unless they return within twenty-four hours 1 69 Goats, sheep and hogs found on the works of the fort to be impounded, . . 170 Weighhouse established in, 174 Rules regulating the office of provost marshal in 177 Tax of the one liundreth penny imposed on houses and building lota in, 181 Drunken Indians, seen daily in, 182 Duties and fees of the city marshal, 186 Fee for executing a deed before the magistrates of, 189 Assessment levied for the repair of the palilic works in, 196 Execution to be levied on the property of those refusing to pay their assessment 197 Tax proposed on real estate in ibid No person to go to the shore when Indians visit, 300 Goats to be kept beyond the Freshwater, or confined in stables, 201 Tavernkeepers' excise to be farmed, 202 Excise on liquors sold by tavernkeepers in 208 Messrs. Megapolensis and Drisius, ministers of, 212 Jews and Lutherans persecuted in, 213 Survey of, confirmed, 219 Burgomasters to determine what streets are first to be built on 220 Goods brought into or exported from, to be weighed or measured, 224 Indians not to be harbored between the Freshwater and, 228 Furs or liquors not to be shipped at, until entered and duty be paid, 233 Armed Indiana not to be admitted into, 234 Vessels to load and discharge in front of the city, between its walls and gates, 248 Weekly market established in, 251 Excise law of, further regulated 263 Excise payable by brewers and retailers of beer in, 264 INDEX. 573 i\'eto Amsterdam: — (Continued.) pxoi;. Excise payable by the burghers of, 365 Court empowered to pass sentence of branding and whipping, 368 Burgomasters and schepens complain that Scotch and other peddlers injure the business of resident inhabitants, 398 Transient traders to keep a public store in, and take out burgherright, . . 399 No person to carry on business or any sort of trade in, unless they procure burgherright and take certain oaths, 300 Classes of persons entitled to great burgherright in, 301, 308 Persons entitled to small burgherright in, 302 Burgomasters to keep a list of burghers, 303 Thatched roofs, wooden chimneys and hay -ricks to be removed on pain of fifty guilders per month, 333 Hen houses and hog pens to be removed, 333 Many houses built of wood in ibid Tax imposed on houses for the purchase of fire buckets, hooks and ladders, ibid Tax on chimneys for repairs of fire buckets, etc., ibid Considerable ground occupied by pleasure gardens and orchards in, 325 Tax imposed on vacant lots 336 Tax to cease when lots are built on, 327 No buildings to be erected near the city walls, ibid Burgomasters and schepens remonstrate against the interdict to pull the goose 333 New village established at the end of Manhattan Island as a place of amusement for the burghers of, 335 Eoad to be made to Haerlem from, 336 Lots in, to be built on, 343 Wcoden chimneys not to be built in, 344 Chimneys to be inspected ibid Ships for foreign ports to load in front of, 345 Fast driving in, prohibited ibid Sods not to be cut on the pasture between the Freshwater and the walls of, 347 Oyster shells not to be dredged on the East or North river, between the Freshwater and, ibid Two cattle fairs established in 364 Powers and duties of the sheriff of, 374 No person to trade to any part of New Netherland unless he keep for six weeks an open store in 377 Clerk of the court of, not to execute extracts of judgments, unless verified by the magistrate 380 Inhabitants of Breuokelen and other Dutch towns on Long Island are unwilling to be at the trouble of recording their deeds and mortgages at the Manhattans, 459 (See Manhattan; New Orange) M'eio England : Sellers of produce brought from, to declare upon oath where it was raised, 30 Much trouble occasioned in New Netherland by runaways from,. 33 574 INDEX. New England: — (Continued.) page. Smuggling carried on between New Netherland and, 63 Measures to encourage trade with 88 Duties on imports into New Netlierland from, 126 False reports circulated by refugees from, 168 Dutch recommended to live in villages like the people of, 806 Eighth article of the confederation of the United Colonies of, incorporated into the laws of New Netherland 216 Munitions of war smuggled from, 237 No goods to be shipped for, or landed from, until the duties are paid,. . . . 343 Great quantities of wampum imported into New Netherland from, 434 Property in New Netherland belonging to inhabitants of, exempt from confiscation, 475 All intercourse and correspondence with, forbidden 507, 508 Supplies not to be furnished to, on pain of confiscation, 509 New Jersey : (See Ackter Col ; Pavonia) New Netherland: Wlio are Patroons in, 1 Price of passage to, ibid Trade opened between Brazil, Angola and 81 No vessel sent to Africa from, 82 Retail storekeepers to own real estate in, 87 Merchants must reside three years in, 101 Encouragement for the raising of tobacco in, 106 Duty on tobacco raised in, abolished, 107 Complaints from, 126 Duties on imports from Virginia and New Englancl^to, ibid No appeal allowed from judgments pronounced ijfiv 147 Slaves imported direct from Africa into, 191 Boundary line between Connecticut and 216, 457 Eighth article of the confederation of the United Colonies of New Eng- land, incorporated into the laws of, 216 Fire-arms not to be imported into, 236 Munitions of war smuggled into, 237 Products of, imported into Holland, free of duty, 246 Articles and ordinances to be observed by those sent by the city of Am- sterdam to, 269 No person to be brought to or carried from, without a pass, 273 Tobacco, regulation of the trade of, 308, 309 Persons not possessing burgherright incapable of trading to any part of, 377 Planted by virtue of the charter to the West India company 456 Original boundary of, ibid Property belonging to the governments of France and England or their subjects, seized in, 468 Strangers ordered to quit, 508 INDEX. 575 N'ao Netherland: — (Continued.) paoe. Inhabitants not to correspond ■with, or furniBli supplies to New England, 508, 509 No person can be prevented changing his domicile In, 534 Nexo Orange : Government of, altered 4C5 Court of schout, burgomasters and schepens re-established, 466 Names and powers of the magistrates of, , ibid New York, called, 470 Strangers ordered to quit 473 Strangers not to be harbored until their names are reported to the author- ities of, 473, 508 Provision to indemnify parties whose property may be taken for public purposes in 480 Duty imposed on exported furs and imported Indian goods, guns, ammu- nition and liquors to pay for such property, 481, 484 Houses, gardens and orchards lying adjacent to the fort to be pulled down and removed, 483 Names of persons whose houses, etc., are ordered to be removed, 483 Sale of strong liquors to, or taking articles in pawn from, soldiers in, pro- hibited 485, 516 Out district on Manhattan Island erected by court of, 488 Appeals from the Out district on Manhattan Island, in actions exceeding one hundred florins, to lie to the court of, 489 Law against strangers visiting, 507 Exi)Ortation of provisions from, prgjiibited, 510 Citizens to lay in six or eight months' supplies, ibid Order for the preservation and security of the fortifications of, 511 Duties and powers of the court of, 513 Court empowered to enact ordinances for the peace, quiet and advantage of the inhabitants and city, 514 Time of election of magistrates of, 515 Tax imposed on real estate in, 517 Amsterdam weights and measures only to be used in, 518 Militia of the Dutch towns to repair armed to, 519 Male adults not to leave, or pass the night without permission outside of, 520 Persons absenting themselves from, without leave, or corresponding with the enemy, to be put to death, and their property to be confiscated, . . . 521 Loan levied on citizens whose estates exceed four thousand guilders in value 523 Hogs, horses and cows not to run at large in 523 Animals found at large without a, keeper to be impounded and sold if fine be not paid, 524 (See Manhattan ; New Amsterdam) Neiosincks : Purchase of the lands at, annulled, 132 576 INDEX New Style: paok. To be used in dating of all public instruments 46, 51, 57 Newtown, Xi. I. : (See MiddeWurgh.) New Utrecht : Town officers appointed, 370 Their powers, 371 Tillage to be palisaded and lands to be fenced, ibid Block house, grist mill, well and pound to be erected, ibid Eoads to be cleared and leveled, 372 Inhabitants to take out patents for their lands, 409 Court of justice erected at, 422 Jurisdiction of the court of, 423 Court empowered to enact certain by-laws, ibid Names of magistrates of, ibid Deeds and mortgages of real estate to be executed before and recorded by the court of, 460 Powers and duties of the court of, 476 Militia of, to repair armed to New Orange on notice, 520 New Worke : Privileges granted to inhabitants of, 467 Law defining the powers and duties of town courts sent to, 480 Town mark for horses in, 497 Situate in Achter Col, 507 Neie Year: • (See Festivities.) New york City : Called New Orange, 470 (See Manhattan; New Amsterdam; New Orange) Niessen, TTieunis : Taxed to support minister, 306 Nine Men : Board of, established, 75 Names of the members of, 76 Their powers 77 Their successors, how to be appointed, 78 North River : (See Hudson Biver.) Notaries : (See Officers, public. Nuton (Newton), Brian : Member of the councU, 68, 71, 72, 73, 75, 102, 103, 104, 105, 108, 112, 125, 140, 143 INDEX. 577 Nutten Island: p^^,. Grant of, to Wouter Van Twiller, vacated, 133 Officers, Public: Duties and fees of provost marshal, 177 Act regulating duties and fees of tlie city marshal, 186 Fees allowed to the clerk of the court of Breuckelen, etc., 190 Secretary of the colonie on the South river to be appointed by the city of Amsterdam, 244 Duties of provost on board of ship, 284 Provost to be aided in the execution of his duty, 285 Entitled to great burgherright, 301, 302 Act regulating the duties and fees of secretaries, notaries, clerks and other persons commissioned to sue and draw up legal instruments, 329 Duties of such officers, 330 Fees of such officers, 331 Notaries, etc., to take an oath annually in court to observe the fee law, . . 333 Fees of notaries to be paid in beaver, , ibid Duties and fees of court messengers, 351 Claims against, not to be oflFset against duties, 410 Wages of, to be paid in wampum or beaver at a certain rate, 434 Pajanents on account not to be made to, except three months' wages are due them, 435 Town courts to appoint inferior officers except secretary, . . 478, 487, 491, 514 Duties of Treasurer of Achter Col, , 504 (See Magistrates ; Secretary; Sheriff) Ogden, John : Patentee of Hempstead, ^..^ 42 Sheriff of Achter Col, 480, 504, 507 Orchards : Damages to, punishable by fine, 64 Outie : House carpenter, taxed to support minister, 805 Overseers of workmen : Duties of, 11 Qillis de Voocht appointed an, 30 Oxensteirn, Chancellor : Interested in the Swedish West India Company, 107 Oyster Say : Govert Loockermans' purchase of lauds at, annulled, 133 Boundary line between the English and Dutch runs on the west side of, 215, 457 Law defining the powers and duties of town courts sent to, 479 73 578 INDEX. Oyster shells : page. Not to be dredged on the North or East river within certain limits, 347 Pass : Masters of vessels not to carry anyone out of the province without a, . . . . 73 Strangers coming from other colonies to New Netherland to exhibit passes, 157 No person to go into the country without a, 198 Indians authorized to detain persons found without a, 300 No person to leave New Netherland without a, 338, 343 Fee for a passport, 249 Law renewed against carrying away persons witliout a, 346 Strangers visit New Orange without a, 507 Persons coming into the province to be considered spies, if not provided with a, 508 Patents : (See Lands) Patroons : Freedoms and exemptions for, 1 Privileges of, 3 Paulus, Mr. : (See Van der Beecq.) Pavonia : Fee for serving process, etc., at, 188 Pawn : Goods not to be received for liquors, 330, 485, 516 Pels, Evert : Magistrate of Wildwyck, 396 Taxed to defray expense of building minister's house, 414 Road at the Esopus to pass over the land of, 430 Pennoyre, Mohert : Town of Gravesend bounded by the land of, 54 Perjury : (See Crimes and Misdemeanors.) Pietersen, Jan : Magistrate of Haerlem, 886 ' Pietersen, Joche.m : New village established on the lands of, 335 Pigeon, William : Patentee of Flushing, 48 Pirates : (See Vagabonds and Pirates.) INDEX. 579 Piscattaioay : page. Privileges granted to inhabitants of, 4C7 Law defining tlie powers and duties of town courts sent to 480 Town mark for horses in, 497 Horses intended for exportation to Maryland to he entered at, 498 Polhemiics, Rev. J. Theodorus: Assessment imposed to pay salary of, 804 Poor : Fines appropriated for the benefit of the, 2G Provision for supplying beer to the, 122 Goats found at large in New Amsterdam, to be sold for the benefit of the, 203 One-third of the fines for firing guns on New Tear's day, or planting May poles, appropriated for the use of the, 205 Fines appropriated in part for the, 263, 431 Notaries, etc., to serve the poor gratis, 331 Outside New Amsterdam, how to be relieved, when applying in that city, 411 Collections to be taken up every Sunday for the, , 412 Provision for, under the EngUsh, ibid Foot's Bouwery : 305 Popish Customs : Pulling the goose declared to be, 333 Shrovetide festivities denounced as, 334 Popular Amusements : (See Fesiimties.) Porters : (See Custom Souse.) Post, Iiodewyck : ^is house, etc., at New Orange, ordered to be removed, 483 Post-office : (See Letters.) Potter, Cornelius de: ^^ Pound : Ordered to be erected, 64 Goats, sheep and hogs found in the fort to be impounded, 170 To be erected in New Utrecht, 371 To be erected at Wildwyck, 416 To be erected in every village and settlement, 454 Fines on impounded cattle, ibid Fines appropriated for the 463 In Out district on Manhattan Island, to be kept in repair, 490 To be erected in each town in Achter Col, 602 Height of walls or fence of, ibid Penalty for breaking 503 580 INDEX. Poundage : page. (See rases.) Prices : Of a coat of duffels, 21 Of beer, 25, 41 Of bread, 120 Of wiue and other liquors, 121 Of wheat, rye, Indian com, pork, tallow and butter, 503, 50^ Prince, Thomas : Signs treaty of Hartford, 217 Prisoners : Rules for the confinement of, 178 Rations allowed to, 179 Prizes : How to be disposed of, 6 Promissory Notes : (See Legal Instruments.) Property, Public: In the hands of private persons, to be restored, ... 17 Penalty for retaining, 18 Provisions : Exportation of, prohibited, 510 (See Orain; Prices.) Provost, Davidt : Clerk of the Dutch towns on Long Island, 160 Provost Marshal : (See Officers, public.) Public Officers : * (See Officers, public.) Public Worship: (See Religion.) Pulling the Goose : (See Festivities.) Quakers : People of Flushing remonstrate against the law respecting, 338 Law against, 4gg No Quakers or vagabonds to be brought into the province without previous permission, 44O Ship-masters to take back, j]jj^ Quitrent : On house lots, jg On grazing and breeding cattle, 46 51, 57 (Sea Tenths.) INDEX. 581 Haphallie, Joris: pagb. Contributes to the support of miniBter, 305 Hates, Public: (See Taxes.) Jieal JEktate: In New Amsterdam, to be taxed, 197 (See Legal Instruments ; Secretary.) Heceiver General : Custom duties to be paid to, 31 Liquors when sold to be entered with, 70 Permits to be procured from, 71 Furs to be entered with 84 Import duties to be paid to, 88 Goods to be entered at the office of, 91 Not to collect more than the legal duties, 173 Fees of the weighing-house to be paid into the general office, 176 To accept only merchantable beaver for duties, 255 Mr. Van Euy ven, receiver, 411 Redemption : Patroons granted the right of, 3 Med Hoolc : Grant to Wouter van Twiller of, vacated, 132 Sedoubt : (See WUdwyck.) Religion : English settlers granted religious freedom 37, 43, 49, 54 Religious meetings, except those of the Dutch reformed church, prohib- ited, 311, 428 Persons assisting at illegal meetings fined one hundred guilders, 313 Law not to apply to freedom of worship granted by charters, or to private family worship, ibid History of the law against conventicles, ibid Struggle of the Lutherans for freedom of, 313 Law against conventicles vetoed, ibid Eules for religious worship on board ship 271 Magistrates to be of the reformed, 396, 479, 515 Persons assisting at conventicles, to be fined fifty guilders each, 428 Exhorters at conventicles, or persons furnishing accommodation for such meetings to pay double fine, ibid Law agEiinst conventicles to be executed 439 Children to be examined, weekly, in their catechism and on the ten commandments, 461 Freedom of conscience according to the laws of Holland, granted to Eng- lish settlers, 467 582 INDEX. Religion : — (Continued.) Pj^oi^ Magistrates to maintain the reformed religion agreeably to the Synod of DordTecM, 476, 485, 512 Disturbers of public worship and revUers of the protestant religion to be fined, 493 (See Jews; Luthtranx; Quakeri) Renselaerswyck : Rev. Mr. Megapolensis, minister of, 60 Permitted to trade at the South and North Rivers, 91 Permitted to trade in guns, etc., 138 Inhabitants of, not to trade in the Indian country -without a permit, 137 To report stock of grain on hand, 146 Dirck Van Schelluyne, secretary of, 394 Duties and powers of the court of, 485 (See Fort Orange) JRetailers : (See Stores) Riemer, Peter de : His house, etc., at New Orange ordered to be removed, 483 Rodofse, Matthys : Contributes to build minister's house at Wildwyck, 414 Rondout : (See Bedovbt) Roos, Gerrit Janaen : His house, etc., at New Orange ordered to be removed, 483 Rose, Albert Hey mans : Magistrate of Wildwyck, 396 Overseer for regulating lots there, 437 Runaways : (See Servants; Summons) Runners : Prohibited going in the woods to trade with Indians, 190, 394 Forbidden to go after Indians beyond certain limits 425 Pass whole days in drinking and card playing, and at Fort Orange, 426 Rustdorp : Law defining the powers and duties of town courts sent to, 479 Sabbath : (See Sunday) Sailors : Not to remain on shore after sundown, 11, 13 Rules for the government of, 269, et sea Sailors' freight, regulation of, 315, 346 INDEX. 583 ^a^i: Page. Duty on, 7 Duty on, removed, 173 Settlers on the Soutli river exempt for ten years from tax on 343 Saull, Thomas: Patentee of Flusliing, 48 Sautell, Henry : Patentee of Flushing, 48 iSchanechtade : Inhabitants of Beverwyck and Eenselaerswyck complain that trade ia carried on with Indians, from, 443 Indian goods not to be transported to, 443 Indian goods at, to be seized and removed, ibid Law defining the powers and duties of town courts sent to, 480 Appeals from, to lie to the court at Willemstadt, 480, 486 Criminal offenses committed in, to be tried by the court of Willemstadt, 480 School-houses : Town courts empowered to enact laws for the erection of, 478 Schoolmaster : Patroons to provide 9 Lot reserved in Midwout for a house for the, , 199 City of Amsterdam to provide its colonie on the South river with a, 340 Children to be catechised weekly in church by the, 461 Schout : (See Sheriff) Schrqusbury : (See Shrewsbury.) Scotch traders: Allowed to sell their goods on board their ships, 88 Must reside three years in New Netherland and build a house in New Amsterdam, 101, 103 Seatalcot : Law defining the powers and duties of town courts sent to, 480 Secretary., Provincial: No legal instruments valid unless drawn up by the, 17, 24, 59, 108 Cornells van Tienhoven, secretary, 46, 51, 57 Matthias Nicolls, secretary 57 Beer permits to be taken out at the office of the, Ill Not to sign any deed for real estate until examined and approved by the director and council, 114 584 IKDEX. Secretary, Provincial : — (Continued.) paoe. Cornelius van Kuyven, secretary, ICO List of persons admitted to great and small burgherrigtit to be deposited in the office of the, 303 Letter box set up in the office of, 380 Copies of deeds and mortgages of real estate recorded in the Dutch towns on Long Island, to be annually transmitted to, 460 (See Officers, public) Servants : Runaway, to be returned to their masters, 7 Eunning away from their masters to be punished and to serve double the time they lose, 24 Penalty for harboring runaway, 24, 33 Persons bound to service not to be harbored longer than twenty-four hours 104 Ordinance relating to farm servants, renewed, 140 Eighth article of the confederation of the United Colonies respecting fugitives, incorporated into the laws of New Netherland, 216 Runaways from the South river to forfeit wages, to be banished, and if retaken to suffer death, 273 Fugitives from service, or strangers, not to be entertained longer than twenty-four hours 344 Fugitives not to be brought into the province on pain of fine, 440 Sheep : (See Gatlle.) Shelter Island: Confiscated , 470 Conveyed to Nathaniel Silvester, 471 Sheriff: Magistrates of Hempstead authorized to appoint an officer to execute their warrants, 43 Town of Flushing empowered to elect a constable or, 49 His powers, 60 Town of Gravesend empowered to elect a scout or, 55 His powers 56 John Onderhill, sheriff of Flushing 97 To assist city marshal in the execution of his duty, 188 Lot reserved in Midwout for the 199 To execute law against conventicles, 213 Peter Tonnemau, sheriff of the Dutch towns on Long Island, 314 To enforce the law for better securing of the village of Midwout 230 Colonie on the South river to be provided with a, 241 To execute sentences of branding and whipping, 268 Tobias Feeeque, sheriff of Flushing 838 Of Flushing, to be versed in the Dutch law, and in the English and Dutch languages, 839 INDEX. 585 Sheriff: — (Continued.) page. Senior magistrate to act as 339, 386, 389, 458 Of New Amsterdam, powers and duties of, 374 Of Wildwyck, to preside in court, and act as clerk 397 To preside in court, except when interested, or acting as public prose- cutor, 397, 476, 486, 488 And magistrates of Wildwyck, to appoint keeper of tlie toll-gate, 431 Of New Utrecht, to preside in court, and act as clerk 433 To execute the laws against conventicles and vagabonds, 439 Conniving at conventicles, to be fined and declared incapable of holding any public office, 430 Anthony de Milt, sheriff of New Orange, 466 To execute judgments of the court and to abate mobs, gamblers, bawdy houses, etc. 479, 487, 515 Fees of, 479, 515 JohnOgden, sheriff of Achter Col 480, 504, 507 Of New Orange, to preside at the meetings of burgomasters and schepens, unless when acting as public prosecutor, 513 SJdps, Sloops, etc. : Not to be visited at night without a permit, 11 Vessels trading to Fort Orange, the South river, or Fort Hope, to take out clearance, 19 Limits of the anchorage ground in New Amsterdam for, 71, 237, 313 Not to be discharged or loaded before sunrise or after sunset, 72, 93, 313 To give twelve hours' notice before sailing 72 Goods may be sold'by wholesale and retail from, 88 Proprietors of real estate only to navigate at the South and North rivers, 89 Proprietors of real estate in New Amsterdam only can purchase or build, 90 Not to anclior before New Amsterdam, or at any other place, except as prescribed by law, 91 Law restricting trade on rivers to owners of real estate, disapproved, ibid Masters of merchantmen not to keep any shop on shore 103 Not to be boarded before they have anchored, and have been entered 129 Crews of ships in the port of New Amsterdam, to work at the fortifica- tions, 144 Indians not to be supplied with liquors from sloops, 183 Ship arrives at New Amsterdam with negroes, 191 Not to receive furs witliout a permit, ; 210 To be inspected on their arrival and departure, 211, 222 No vessels to sail above Fort Casimir without a permit 318 Goods delivered from ship to ship, subject to fees for weighing, 224 Not to leave the port of New Amsterdam without a pass, 333 Not to receive furs or liquors unless they be entered and the duty paid, ibid Legal time for discharging 238 Passengers not to be received on board, without a pass, ibid To be sent to the South river for the produce of that country, 243 To load and unload in front of the city of New Amsterdam, 248 74 586 INDEX. Ships, Sloops, etc. : — (Continued.) _ p^g^.. Bules for the government of ships going to New Netherland, 269 Captains to keep a journal of their outward and homeward voyages, .... 372 Wages of sailors, a lien on the ship and cargo, except in case of wreck, . . 274 Wages to be paid sailors in case ship be sunk in battle, 276 Sailors' wages to be forfeited if ship be surrendered, 277 Colonists and soldiers embark on board the ship Prince Maurits for the South river, 288 To be strictly searched, 312 Sailors' freight limited to the value of two months' wages, 315, 346 To take in cargo in front of the city of New Amsterdam, and not to be boarded after sailing, 345 Not to be boarded on arrival, on penalty of a fine and forfeiture of the boat or canoe, ibid Not to anchor except at the place designated, and not to load or unload except in daylight 346 Not to resort to the North or South river without a permit, 382 Skippers and sloop captains forbidden to bring Quakers and fugitives into the province, on pain of fine and taking them again out of the country, 440 Farmer of the customs empowered to visit departing, 441 /Shrewsbury : Privileges granted to inhabitants of, 468 Laws prescribing the powers and duties of town courts sent to, 480 Town marks for horses of, 497 Shrovetide : (See Festivities.) Sleeken, Dirck : Appointed fence viewer on the island of Manhattan, 463 Signals : Inhabitants around Port Amsterdam to be notified by three cannon shot, in case of danger, 23 Guns to be discharged three times in case of a raid, 158, 160 Sille, Nicasius de : Member of the council, 162, 167, 169, 173, 184, 185 189, 190, 191, 203, 208 214, 230 Silvester, Constant : His interest in Shelter island, confiscated, 471 Silvester, Nathaniel: Shelter island granted to 471 Slaughter Excise : (See Cattle ; Excise.) I INDEX. 587 Slaves : p^^^ Blacks to be introduced into New Netherland, , 10 Emancipated, , 36, 60 Children of emancipated slaves to continue in slavery, 37 To be imported into New Netherland, 81 Imported for the first time direct from Africa into New Netherland, 191 (See Ifegroes.) Slechtenhorst, £ratit Van : His purchase of lands at and opposite Kattskill, annulled, 133 Sleght, Cornelis Barentsen : Magistrate of Wildwyck, 396 Taxed to defray expense of building minister's house, 414 Sloops-bay, L. I. : Purchase of lands at, annulled, 133 Sloit, Peter Jansen : His house at New Orange, ordered to be removed,-. 483 Smeeman, Herman : Magistrate of Bergen, 434 Smuggling : (See Trade) SneaecJcer, Jan : Magistrate of Midwout, 160, 891 Southampton, L. I. : Law defining the powers and duties of town courts sent to, 480 Southold : Law defining the powers and duties of town courts sent to, 480 South river : Vessels trading to the, to take out a clearance, 19 None to trade to the, except owners of real estate in New Amsterdam to the value of two or three thousand guilders, 89 Liquor not to be sold to Indians, on the, 204 Vessels not to sail above Fort Casimir without a permit, 218 Conditions offered by the city of Amsterdam to those who will settle on, 239 Lands on, to be fenced within three months, 266 Tobacco to be inspected before exportation, 267 Tobacco inspectors at, ibid Fee for inspector of tobacco at 268 Colonists and soldiers embark on board the Prince Maurits for the, 288 Rules for ships loading at New Amsterdam for, 345 588 INDEX. South river : — (Continued.) paob No person without a commission to resort to the, 382 Boundaries of the colonie at the « 436 City of Amsterdam to send four hundred colonists to, ibid Law defining the duties and powers of town courts sent to, 479 (See Fort Casimir ; New Amatel.) Stamford : Eastern boundary of New Netherland begins about four miles from, 316, 457 Staten Island: Settlers murdered on 28 Reward for the heads of the murderers, 29 Court of justice erected on, 458 Law defining the powers and duties of town courts sent to, 480 Court empowered to decide suits to the amount of sixty florins, ibid States General: Ratify the treaty of Hartford, 215 Abstract of the charter granted to the West India Company by the, 455 Declare the right of the West India Company to plant colonies in America, 456 Define the eastern boundary of New Netherland, and require that the West India Company be not disturbed in said limits, 457 I- Steenwych, Cornells : Member of the council, 484 Commissioner to value real estate in New Orange, 517 Steynmits, Caspar: Magistrate of Bergen, 434 SticJcland, John : Patentee of the town of Hempstead, 42 Stiles, Thomas : Patentee of Flushing, 48 Stillwell, Nicolaes : Magistrate of Amesfoort, 160 Stol, Jacob Jansen : Roeloff Swartwout, tenant of the widow of, 414 Road at the Esopus to pass over the land of, 420 Stone : Not to be entered at the custom-houBe, 91 Stoothoff: (See Mbertaen.) INDEX. 589 Stores, Retail: p^g^^ Proprietors of, to own real estate to the value of three thousand guilders, 87 Actual keepers of, excepted, but to remain four years in the country, 88 To use Dutch weights and measures, ibid Law obliging retailers to own real estate, and to reside four years, disap- proved 92 Non-residents not to carry on retail trade at Fort Orange, 462 Stoutenl^urgh, Feter : His house, etc., in New Orange ordered to be removed, 483 Strangers : Not to be harbored more than one night, without furnishing their names to the director general, 32 Not to be entertained longer than twenty-four hours, 344 Coming to New Netherland without permission, to take oath of allegi- ance, and register their names, 429 Persons entertaining or concealing such persons punishable by fine, 430 Ordered to quit New Orange 472 To be reported before being harbored, 473 Frequent New Orange without passes, 507 To quit the province on pain of being considered spies, 508 Straw Hoofs : (See Buildings.) Streets : (See 27'ew Amsterdam.) Stri/cJcer, Jan : Sergeant of Midwout, 159, 160 Magistrate of Midwout, 391 Stuyvesant, Salthazar Lasar, 413 Stuyvesant, Peter: Director general,... 60, 65, 69, 71, 73, 75, 78, 86, 93, 98, 108, 112, 114, 125, 143, 160, 162, 167, 169, 173, 184, 185, 191, 197, 201, 203, 208, 214, 220, 265, 385, 387. Summons : ;See Legal Proceedings.) Sunday : No liquor to be sold during divine service on, 25, 311, 342 No liquor to be sold before certain hours on, 61 Law against drinking on, renewed, 93 No liquor to be sold before three o'clock in the afternoon, when there is divine service, 95 Afternoon service ordered on, 98 Tapping, fishing, hunting, trading and ordinary business prohibited dur- ing divine service on, 99 590 INDEX. Sunday : — (Continued.) tao-k. Laws for the observance of the Sabbath, not respected, 258, 310 Ordinary labor on, prohibited, 258 Penalty for violating the Sabbath, 259 Certain amusements prohibited on, ibid Ordinary labor and pleasure parties prohibited on, 311 Law for the observance of the Sabbath, renewed, 344 Ordinary labor at Wildwyck, prohibited on, 415 No liquor to be sold at "Wildwyck, on, , 416 Drunkenness on, punishable by fine and imprisonment, ibid Desecration of the Sabbath at Fort Orange, 426 Ordinary labor, drinking clubs, gaming, boating, riding, fishing, fowling, gathering nuts or berries, trading with Indians, playing of children in the streets, prohibited between sunrise and sunset on, 448 Court of New Amsterdam dare not publish the preceding law as it is con- trary to the freedoms of Holland, 449 Indians found drunk on Sundays, to be arrested and fined, 451 Local courts empowered to make laws for the observance of the Sabbath, 478 Court of Bergen enact a law for the observance of the Sabbath, 482 Works of charity and necessity permitted on the Sabbath, ibid Persons performing unnecessary servUe work or guilty of unlawful amuse- m^ents in the district of Achter Col, to pay a fine of ten shillings, 493 Surgeons : To be provided for wounded men, 276 Duties of, 280 Surveyors : Of Streets in New Amsterdam, appointed, 74 Vacant lots in New Amsterdam, if not built on by the proprietors, to be .' sold at valuation made by the, 105 Inhabitants of each town in Achter Col to appoint ; their duties, 499 Swaenenhurgh : Law prescribing the duties of town courts sent to, 479 (See Wildwyck) Swartioout, Roeloff : Taxed to defray expense of minister's house at Wildwyck, 414 Swedes : A colony of, on the Delaware, 107 Swedish Virgiiiias : Trade to, 107 Sweerts, Jan de : Authorized to bring a cargo of slaves to New Netherland, 191 Swine : (See Cattle.) INDEX. 591 Tack, Aert Pietersen : p^g^. Taxed to build minister's house at Wildwyck, 414 Tariff: (See Duties) Tater, llichiel : Taxed to support minister, 305 Taverns : Tavern keepers not to sell liquors during divine service, or after ten o'clock at night, and to use Dutch measures, 25 Tavern keepers not to sell liquor to Indians, 34, 52, 64, 100 Price to he paid for beer in, 41 Tavern keepers not to sell liquor on Sunday before certain hours, or on any evening after nine o'clock, 61 Tavern keepers not to brew beer, 80, 343 Lavr regulating, ; 93 Tapsters to take out license, and to live in decent houses, 94 Not to be transferred without permission ; not to sell liquor to Indians or to any person in the evening after the ringing of the bell, 95 Tavern keepers to register their names, 96 Tapping during divine service prohibited, 99 Beer not to be put into taverns without a permit, 110 Additional excise to be paid by, 143 Allowed to advance the price of wine and brandy, 148 Excise of, to be farmed, 203 Tapping prohibited before, between, or during divine service on Sunday, or on any night after the ringing of the bell, except to domestic guests or persons on public business, 259 Tapsters to take out a license every three months ; fee for license, 263 Tavern keepers to enter their stock and pay excise, 296 Penalty for selling liquor vrithout paying excise, 297 Not to entertain company on Sunday during divine service, 311, 842 To close at nine o'clock in the evening, , 342 Tapsters not to sell liquors at a higher price than is fixed by law, 358 Rates at which tavern keepers are allowed to sell their liquors, 359 Tapsters at Fort Orange to take out a license quarterly, 367 Each town in Achter Col to set up a house of entertainment for travelers, 496 Tavern keepers in Achter Col to take out a license, on pain of 40s., 497 Tavern keepers not to entertain after nine o'clock in the evening, or allow fighting or drunkenness on their premises, ibid Taxes : Colonists exempt for ten years from, 7 Imposed on land and cattle, 180 Every morgen of land, and every head of cattle to pay, each, twenty stivers, 181 Magistrates of Midwout authorized to impose a tax for town charges, . . . 184 On real estate in New Amsterdam, proposed, 197 592 INDEX. Taxes : — (Continued.) page. On slaughtered cattle, established, .' 308 Proceeds of such tax, how applied, 209 Settlers on the South river to be exempt from poundage, horn money and salt tax for ten years, and from tenths for twenty years, 243 Exemption from poundage, etc., on the South river, to cease in 1668, . . . 248 Tax list of Breuckelen, the Waleboclit and Gouwanes, 305, 306 ,0n houses and chimneys in New Amsterdam, 333 On vacant lots in New Amsterdam, 336 On vacant lots to be paid to the city treasurer, but to cease when the lots are built on, 327 On chimneys at Fort Orange, 385 On land in Wildwyck, to defray expense of building minister's house, . . . 413 Authorized to be levied for the destruction of wolves on Manhattan Island, 489 Public rates imposed on men, horses, oxen, cows, swine, sheep and lands inAchterCol, 503 Imposed on real estate in New Orange, 517 Hundredth penny levied on estates in New Orange over four thousand guilders in value, 523 (See Tenths.) Tax List : (See Taxes) Taylor, Henry : His house, etc., at New Orange ordered to be removed, 483 Tenths : Established 16 English settlers to be exempt for ten years from, 37 English towns to pay 45, 50, 56 Not yet paid, and difficult to be collected, 180 Crops not to be removed until the proprietor agree for the, 333, 356 Penalty for removing crops before payment of, 233 Revenue from, how to be applied 232, 343. Settlers on the South river to be exempt for twenty years from, 343 When such exemption should cease, 348 To be counted out, if not commuted, 356 Of Breuckelen and vicinity, farmed, 403 Grain, peas, maize or tobacco not to be removed from the field until agree- ment be made for the, 403 Inhabitants of Breuckelen not to remove crops from the field until they pay or agree for the, 445 Terneur, Daniel: Corporal of Midwout, 159 Magistrate of Haerlem, 386 Thanksgiving : (See Festivities) INDEX. 593 Theunissen, Aert : p^oj. Taxed to support minister, 306 TTiorne, William: Patentee of Flushing, 48 Tilje, Jan : Magistrate of Busiwyck, 389 Tobacco : To be inspected, 16 Duty on, 17 Duty on New Netherland, 106 Swedes make great efforts to raise tobacco on the Delaware, 107 Duty abolished on New Netherland, 107, 135 New Netherland tobacco, when to be inspected, and in what sort of vessels, 139 Unmerchantable to be burned, 140 Virginia tobacco, how to be inspected, ibid Inspectors not to be obstructed in the performance of their duties, ibid Planters to sow as many hillocks of corn, peas and grain as of, 141 Law for the inspection of New Netherland tobacco, renewed, 189 At the South river, to be inspected, 267 Fee for inspection 368 Frauds in the trade of, 307 To be inspected previous to exportation, 308 Divided into three qualities, ibid Inferior, not to be exported before security be given for freight and charges, 309 Not to be shipped until inspected, ibid Number and weight of each cask to be reported before shipping, 337 Exempt from import duty, 348, 350 To be marked before being shipped, and to be shipped only from the pier, 402 Toll: For grinding grain, 124 Payable by those passing over the new road at the Esopus 421 Tomasse, Jan Sergeant of New Utrecht, 370 Appointed deputy sheriff, 371 Magistrate of New Utrecht, 423 Tonneman, Peter : Sheriff of the Dutch towns on Long Island ; plan of the village of Mid- wout sent to, 214 Clerk of the court of Midwout and Amesfoort, 230 Clerk of the court of Breuckelen, 306 Commissioner of tenths, 356 Toorn, William : Schepcn of Flushing 87 15 594 INDEX. Tousen, John : paoe. Schepen of Flushing, 97 (See Townese7id.) Town Clerks : (See Officers, public.) Town Courts : (See Courts.) Townesend., John : Patentee of FlusMng, 48 (See Tousen.) Towns and Villages : Law for the foimation of, 306 Inhabitants to settle within a certain time in towns, villages or hamlets, on pain of being fined, 207 Country people to remove to the nearest village or hamlet, 234 Armed Indians not to be admitted into, 235 New village established at the end of Manhattan island, 335 Regulations for the better government of Flushing, 338 Bad effects arising from farmers living isolated, 308 Farmers to remove their dwellings to the nearest village or to a new one, 369 Property in isolated farm houses to be confiscated, 370 Regulations for the inclosing of the village and better government of New Utrecht, ibid Trade : Clandestine, in furs, prohibited 10, 13 Laws against smuggling, 63, 73, 86 No person to go into the interior to trade with Indians, 63 Law for the regulation of, , 86 Abuses in, 89 No persons to trade at the South and North rivers except owners of real estate in New Amsterdam, ibid Traders must take out a clearance for each voyage, and make return of cargo 90 Law restricting trade to owners of real estate, disapproved, 93 Merchants and petty traders must reside three years in New Netherland and build a house 101 In guns, powder and lead, prohibited, 128 No person to trade in the Mohawk or Seneca country without a permit,. . 137 Duties on Indian goods 154, 172 Ordinance against contraband trade, renewed and enlarged, 236 Munitions of war smuggled into New Netherland, 237 Private persons not to take goods on private account to the South river, • 278 Frauds committed under the name of sailors' freight, 314 Regulation of sailors' freight 315 Law against importing munitions of war, renewed, 346 INDEX. 595 TraCl^ : — (Continued.) p^g^. Persons not possessing burglaerriglit incapaMe of trading to any part of New Netlierland, 377 (See Indians ; Merchandise ; Stores.) Treasxcrer : Of Achter Col, his duties, 504 (See Receiver General.) Treaty : Of Hartford, ratified by the States general, 215 Trespass : Owners of goats or liogs found trespassing, to pay a fine and make good all damage, 21 Owners of cattle trespassing on Indian maize lands, to make good all damage and pay penalty, 23 Cattle trespassing to be impounded, 64, 417, 454 Cattle trespassing at Fort Cassimir to be killed, 228 Cattle trespassing in New Utrecht to be impounded, 371 Tyssen, Lyshet : Her house, etc., at New Orange ordered to be removed, 483 Underhill, John: Schout of Flushing 97 United JV. E. Colonies : Boundary between New Netherland and the, 215, 457 Utrecht : (See New JJtreclit) Vagahotids and Pirates : Frequent Long Island, 155 Not to be harbored or furnished with provisions, 156 To be denounced to the nearest magistrate, ibid To be pursued and captured, 157 Reward for the arrest of, i'^i'i Magistrates to enforce the law against conventicles and, 429 Persons entertaining fugitives and vagabonds punishable by fine, 430 No vagabonds, Quakers, or other fugitives to be brought into the province on pain of fine, ■™' (See Strangers.) Van Aelen, Pieter : Taxed to build minister's house at Wildwyck, 414 Van Porsim, Sara : Her house, etc., at New Orange ordered to be removed, 483 596 INDEX. Fan Brugh, Johannes : paoe. Burgomaster of New Orange, 466, 484 His house, etc., ordered to be removed, 483 Van Gampen, Gerrit: Taxed to build minister's house at Wildwyck, 414 Van Gortlant, Olqf Stevensen: Commissioner to value real estate in New Orange, 518 Van Curler, Jacob : Overseer of New Utrecht, 370 Appointed town clerk, 371 To hand over town records to Adriaen Hegeman, 424 Van der £eecq, Pavlus : Farmer of the customs, 221 Taxed to support minister, 306 Farmer of the tenths of Breuckelen, 402 Van der Donck, Adriaen : And others complain that weights and measures are not regulated in New Nethetland, 174 Van der Sleys, Andries : Taxed to build minister's house at WUdwyck, 414 Van der Spiegell, Lourens : Burgomaster of Xew Orange, 466 Van de Water, Jacobus : His house, etc., in New Orange ordered to be removed, 433 Van die Grift, Paulus Leendersen : Member of the council, 78 (See Leendersen.) Van Dincklage, Lubbert: Member of the council, 68, 71, 72, 75, 78, 102, 103, 104, 105, 108, 112, 114 Appointed street surveyor, 74 His purchase of Newsincks, annulled, 132 Van Dyek, Sendrich : Fiscal, ordered to erect a pound, 64 To inspect weights and measures, 109 Member of the councU, 112, 114 Reports that no request for negroes has been presented, 127 Van Sattem, Arent : Burgomaster of New Amsterdam, 140 INDEX. 597 Van Huyven, Cornelis : ' Pagb. Secretary, Ig0_ j7q_ 265 Revises and makes an abstract of the ordinances, 346 Receiver general, 4]^^ Commissioner to value real estate in New Orange, 517 Van ScJieUuyne, Dirch : Secretary of Eenselaerswyck, 394 Va7i Tienhoven, Cornelis: Appointed street surveyor, 74 Member of the councU, 140, 167, 169, 184, 189, 197, 301, 208, 214, 230 Van Twiller, Wouier : Certain grants of land to, vacated, 133 Van Vleeck, Tielman : President of the village of Bergen, 434 Van Vredenburgh, Willem: His house, etc., in New Orange, ordered to be removed, 483 Van Werckhoven, Cornells : Member of the council, 163, 167, 169, 173, 184 Van Zyll, A. F. : 466 Venia Testandi : Granted to Patroons, 3 (See Wais.) Verplanck, Oelyn : Schepenof New Orange, 466 Vetoes : Ordinance obliging merchants to exhibit their books, disapproved in Hol- land, 68 Ordinance increasing the duty on fura, disapproved, 84 Certain clauses in the ordinance regulating trade and navigation, disap- proved, 93 Ordinance fixing the price of provisions and liquors, disapproved, 148 Ordinance fixing the price of imported goods, disapproved 149 Ordinance fixing the jate of wages, disapproved, 153 Ordinance against conventicles, vetoed, , , 213 Villages : (See Towns and Villages.) 598 INDEX. Virginia : p^oe. Penalty for harboring runaways from 33 Smuggling carried on between New Netberland and, 65 Measures to encourage trade with, 88 Trade to Swedish, 107 Duties on imports into New Netherland from, 126 Munitions of war smuggled into New Netherland from, 237 Purchase and sale of tobacco from, free to all without inspection, 308 Tobacco for exportation, to be inspected, 309 Goods not to be sent to, or landed from, until duties are paid, 343 Ships for, to take in their loading in front of the city of New Amsterdam and not to be boarded after they sail, 345 Ten per cent duty to be paid on goods imported from, 348 Property in New Netherland belonging to inhabitants of, exempt from confiscation, 475 Vbocht, Grilles de : Appointed commissary of workmen, 20 Wages : Evidence of Indians admissible in suits for the recovery of their, 103 Ordinance fixing the rate of, disapproved, 152 Of laborers on public works, 162 Provision for seamen's, 274, 276, 277 Of deceased persona, to be paid to widows or heirs, 275 Walebocht : Taxlistof, 305, 306 Tenths of, farmed, 402 Wampum : Rate of polished and unpolished, 26 Penalty for exacting more than the legal rate for, ibid Loose, to continue current ; broken, declared bullion, 80 Frauds in the manufacture of, 115 Loose, to be strung, and rate of, 116 To what amount a legal tender, 117 Depreciation of, 289 317 Declared merchandise, 290 318 To be rated according to the price of beaver, 290 To be paid out by measure, 291 Value of, 291, 319 Not to be rated higher than in New England, 293 Law regulating the currency of wampum suspended, ibid Law regulating, re-enacted with amendments, 317 Law not to affect private contracts 319 Eight white or four black beads equal to one stiver, 330 Exempt from import duty, 35O INDEX. 599 Wampwn : — (Continued.) p^^E. Depreciation and rate of, 357 Declared to be merchandise and to be exebanged by measure, 358 Legal tender below twenty-four guilders ibid Value of, compared with silver and beaver, 359 Hate of, at Fort Orange 362 Bate at which debts contracted at Fort Orange previous to the law for regulating the currency, may be discharged, 365 Further depreciation of, 438 To be paid to public oflBcers at the rate of twenty-four white or twelve black beads for a stiver, 434 Imported in large quantities from New England ibid Utterly valueless as currency, except among Indians, ibid Wantenaar : (See Comdissen.) War: Law against illegal trade in munitions of, 128, 236, 346 Munitions of, smuggled from Virginia, 237 Weighing House : Established in New Amsterdam 174 Fees of the weighmaster, 175, 225, 392 Weigh fees to be paid as often as goods are sold, 176, 223, 225, 392 Fees to be paid into the treasury, 176 Goods for the company, for the deaconry, and charitable institutions exempt from fees 177, 226, 393 Goods exceeding twenty-five pounds subject, when sold, to fees for weighing, 222, 226 Goods imported into, or exported from New Amsterdam, subject to be weighed and measured 224 Office hours at the, 226 Extra fees to be paid for work performed after hours at the, 227 Scales and premises to be kept clean, iWd Weighmaster's fees to be paid before the goods are removed, _393 Weights and Measures : Of Amsterdam, only to be used, 25, 28, 46, 51, 109, 344 Wholesale and retail dealers to use Dutch 88 Inhabitants to provide themselves with Amsterdam, 109 Fiscal Van Dyck to inspect i^i'l Stamped weights, skepel and ell placed in the weigh house, 174, 224 No person to keep on his premises any weights over tweny-five lbs., 223, 226 At the weighliouse to be kept clean, "-' Grain not to be sold at the Esopus by unstamped measures, 481 Of Amsterdam, only to be used in New Orange, 518 To be stamped by city sealer, 'bid 600 INDEX. Wells : -PAGB. Public well to be dug at New Utrecht, 371 To be constructed in Bergen, 434 Wessels, Wamaer : Farmer of the tenths, 403 Farmer of the customs, 441 Westchester : Law defining the powers and duties of town coiurts sent to, 480 West/ail, Juriaen »• Assessed to pay expense of building minister's house at Wildwyck, 413 West India Company {Dutch) : Abstract of the charter of, 455 Empowered to establish colonies in America 456 Not to be disturbed in their possessions, 457 Thomas de Laval appropriates property belonging to the, 469 West India Company (Swedish) : Exclusive right to import products of Swedish Virginia into Sweden, granted to, 107 West Indies : No goods to be shipped for, or landed from the Caribbean islands, until the duties are paid, 343 Sugar imported from Barbadoes, free of duty, 348 Wildwyck : Petition of the consistory against Shrovetide festivities, 334 Court erected at, 395 Magistrates of, and their powers, 896 Land tax imposed to defray the expense of building minister's house at, 413 Ordinary labor on Sunday prohibited at, 415 Liquors not to be sold on the Sabbath at, 416 Provision against fires at, ibid Fences to be kept closed and pound to be erected at, ibid Lots to be fenced and houses to be built on them 417 Village to be palisaded ibid Excise imposed for one year to defray expense of building minister's house at 418 Jacob Burhamse, collector of the excise at 419, 423 Law for the construction of a new road at the Esopus, 430 No grain to be removed from the Esopus until arrears due on the minister's house be paid and the garrison supplied, 431 Corporal at the Redoubt to see that liquors sent up from the river side be provided with a permit, 423 INDEX. 601 WildwycJc : — (Continued.) p^^^. Straw or other combustible matter not to be set on fire in, 430 Selling grain at Esopus by unstamped measures, punishable by fine, 431 Receiving soldiers' arms, clothes, etc., on pawn at, punishable by fine, . . . 432 Openings in the palisades to be closed, 433 Claimants of lands at the Esopus to take out patents, cultivate and fence their plantations on pain of forfeiture, 437 Grantees of lots in the new village to place a farmer thereon and improve the same on pain of forfeiture ibid Overseers appointed, ibid (See Esopus ; Swaeneriburgh.) Willenisen, Willem : Magistrate of Midwout, 391 Willemstadt : Appeals from the court of Schaneghtede to lie to the court of, 480, 486 Criminal offenses committed at Schaneghtede to be referred to the court of, 480 Duties and powers of the court of, 485 Court of, to decide civil cases to the amount of two hundred and forty florins 486 Court of, to pronounce sentence of death in criminal cases, subject to the approval of the governor and council 487 Empowered to enact by-laws, ibid Court of, to appoint inferior ofiicers, except secretary ibid Fees of sheriff of, 488 Mode of electing, and qualification of magistrates, ibid (See Fort Orange.) Willett, Thomas : Signs treaty of Hartford 217 Wills : Patroons invested with the right to dispose of their property by 3 Regulation in regard to the making and recording of, 381 English settlers empowered to make, 467 (See Legal Instruments) "Windmill : Regulations for the 123 Running of the Ferry regulated by the working of the, 164, 165 Location of, 1^' Wines : (See Liquors.) Wittepaert, Jan J'tetersen : Authorized to bring a cargo of slaves to New Netherland 191 Wolphertsen, Jacob : One of the board of nine men, j> 76 Grant at Canarisse to, vacated, 133 76 602 INDEX. Wolsey, George: -Bn^a^. Appointed firewarden, 82 Wolves : Rewards offered for the destruction of wolves on Manhattan island, 489 Twenty shillings to be paid by the treasurer of Achter Col for the head, ears, skin and tongue of, 496 Wood, Jonas : Patentee of the town of Hempstead, 43 Wbodbridge : Privileges granted to the inhabitants of, 468 Law explaining the duties and powers of magistrates sent to, 480 Town mark for horses in, 497 Situate in Achter Col, '. BC Workmen : Duties of overseers of, 11 Regulations for, 20 Overseer of, appointed, ibid Wounds, or Loss of limb : Remuneration for, 276 York, Duke of : Property in New Netherlands belonging to, confiscated, 474