> LIBRARY OF CONGRESS mil in 1 1 hi i in 014 107 149 A * T\omj \! A. IV. REPORTS fimmu of 3fem fmk. about 1GG9 ; 167S. .K5U GOV. NICOLLS' ANSWERS TO THE SEVERAL! QUERIES RELATING TO 1 HE ILANTERS IN THE TERRITORIES OF HIS R. H S THE DUKE OF YORKE IN AMERICA. [Lond. Doc. II.] 1st. The Governour and Councell with the High Sheriffe and the Justices of the Peace in the Court of the Generall assizes haue the Supreame Power of making, altering, and abolishing any Laws in this Government. The Country Sessions are held by Justices upon the Bench, Particular Town Courts by a Con- stable and Eight Overseers, The City Court of N. Yorke by a Mayor and Aldermen. All causes tried by Juries. 2 nd . The Land is naturally apt to produce Corne & Cattle so that the severall proportions or dividents of Land are alwaies al- lowed with respect to the numbers of the Planters, what they are able to manage, and in w* time to accomplish their un- dertaking, the feed of Cattell is free in commonage to all Towne- ships, The Lots of Meadow or Corne Ground are peculiar to each Planter. 3 rJ . The Tenure of lands is derived from his R. H. s who gives and grants lands to Planters as their freehold forever, they paying the customary rates and duties with others towards the defraying of pu'dique charges. The highes Rent or acknowledg- ment to his R. H. s will bee one penny pr acre for Lands purchas- ed by his R. H. s , the least two shillings sixe pence for each hun- dred acres, whereof the Planters themselves are purchasers from the Indyans. 4. The Governour gives liberty to Planters to find out and buy lands from the Indyans where it pleaseth best the Planters, but the seating of Towns together is necessary in these parts of America, especially upon the Maine Land. 8S REPORT ON THE PROVINCE OF NEW-YORK. 5. Liberty of Conscience is graunled and assured with the the same Provisoe exprest in the Queerie. 6. Liberty of ffishing and fowling is free to all by the Patent. 7. All Causes are tried by Juries, no Lawes contrary to the Lawes of England. Souldyers onely are tryable by a Court Marshall, and none others except in cases of suddain invasion, mutiny or rebellion, as his Ma ties Lieutenants in any of his Countries of England may or ought to exercise. S th . As to this point there is no taxe, toledge, Impost or Cus- tome payable upon the Planters upon Corne or Cattle : the Country at present hath little other product, the Rate for publicise charges was agreed unto in a generall Assembly, and is now ma- naged by the Governour his Councell and the Justices in the Court of Assizes to that onely behoofe. 9 th . The obtaining all thos priviledges is long since recomend- ecl to his R. H. s as the next necessary encouragement to these his Territories, whereof a good answer is expected. 10 th . Every man who desires to trade for fFurrs at his re- quest hath liberty so to doe. ANSWERS OF GOV. ANDROS TO ENQUIRIES ABOUT NEW YORK ; 1678. [Lond. Doc. III.] Answers to the Inquires of Plantacons for New Yorke. 1. The Governo 1- is to have a Councill not exceeding tenn, w th whose advice to act for the safety & good of the country, & in every towne, village or parish a Petty Court, & Courts of Sessions in the Severall precints being three, on Long Island, & Townes of New Yorke, Albany & Esopus, & some smale or poore Islands & out places ; and the Generall court of assizes composed of the Governo r & Councill & all the Justices & magistrates att New York once a yeare, the Petty courts Judge of five pounds. REPORT ON THE PROVINCE OF NEW- YORK. 89 & then may appeale to Sessions, they to twenty pounds & then may appeale to assizes to y e King, al sd courts as by Law. 2. The court of Admiralty hath been by speciall comission or by the Court of Mayo r & Aldermen att New Yorke. 3. The cheife Legislative power there is in the Governo r with advice of the Councell the executive power Judgem ts given by y e courts is in the sheriffs & and other civil officers. 4. The law booke in force was made by the Governo r & As- sembly att Hempsted in 1665 & since confirmed by his Royall Highnesse. 5. The Militia is about 2000 of w ch about 140 horse in three troopes the foote formed into companyes, most under 100 men each all indifferently armed with fire-armes of all sizes, ordered & exercised according to Law, and are good fire men, one stand- ing company of Souldiers with gunners & other officers for the fforts of New Yorke & Albany alwayes victualled in October & November for a yeare. 6. Forteresses are James fforte seated upon a point of New Yorke towne between Hudson's River & y e Sound, its a square with stone walls, foure bastions almost regular, and in it 46 gunnes mounted & stores for service accordingly. Albany is a smale long stoekadoed forte with foure bastions in it, 12 gunns, sufficient ag* Indians, and lately a wooden redout & out worke at Pemaquid w th 7 gunns, s'd Garrisons victualled for a yeare, w th suff 1 stores. 7. There are no privateers about o r Coasts. 8. Our Neighbours westward are Mary land populous and strong but doe not live in townes, their produce tobacco, North- west the Maques & c . Indians y e most warr like in all the North- ern Parts of America, their trade beavers & furrs. Northward the ffrench of Canada trade as wee with our Indians ; Eastward Connecticut in a good condicon & populous, their produce pro- visionn of wheate, beefe & porke, some pease, o r South bounds the Sea. 9. Wee keepe good Correspondence with all o r neighbours as to Civill, legall or judiciall proceedings, but differ with Connec- 90 REPORT ON THE PROVINCE OF NEW-YORK. ticutt for o r bounds & mutuall assistance w ch they nor Massachu- setts will not admitt. 10. Our boundaries are South, the Sea, West Delaware ; North to y e Lakes or ffrench ; East Connecticut river, but most usurped & yett possed by s'd Connecticut some Islands Eastward & a tract beyond Kennebeck River called Pemaquid, &c. New Yorke is in 40 d 35 m ; Albany ab 1 43 d ; the Collony is in severall long narrow stripes of w ch a greate parte of the settlem 1 made by adventurers before any Regulaconby w ch Incroachm ts without pattents w ch townes have lately taken but by reason of continuall warrs noe Survey made & [qu. of the J wildernesse, noe certaine com- putacon can be made of the planted and implanted, these last 2 yeares about 20,000 acres taken up and pattented for particuler persons besides Delaware, most of the land taken up except upon Long Island is improued & unlesse the bounds of the Duke's pattent be asserted noe great quantityes att hand undisposed. 11. Our principall places of Trade are New Yorke and South- 'ton except Albany for the Indyans, our buildings most wood, some lately stone & brick, good country houses & strong of their severall kindes. 12. Wee haue about 24 townes, villiages or parishes in Six Precincts, Divisions, Rydeings, or Courts of Sessions. 13. Wee haue severall Rivers, Harbours & Roades, Hudson's River the chiefest & is ab 1 . 4 fathom water att coming in butt six, tenn or more within & very good soundings & anchorage either in Hudson's River or in the Sound, the usuall roade before the town and moulde. 14. Our produce is land provisions of all sorts as of wheate exported yearly about C0000 bushells, pease, beefe, pork, & some Refuse fish, Tobacco, beavers, peltry or furrs from the Indians, Deale & oake timber, plankcs, pipestaues, lumber, horses, & pitch & tarr lately begunn to be made, Comodityes imported are all sorts of English manufacture for Christians & blancketts, Duffells & c . for Indians about 50000 lb yearly, Pemaquid afords merchant- able ffish & masts. 15. Wee haue noe Experience or skill of Salt Peter to be had in Quantityes. REPORT ON THE PROVINCE OF NEW-YORK. 91 16. Our Merch ts are not many but with inhabitants & planters about 2000, able to beare armes, old inhabitants of the place or of England, Except in & neere New Yorke of Dutch Extraction & some few of all nations, but few Serv ts , much wanted & but very few slaves. 17. Noe persons whateuer are to come from any place but according to act off Pari 1 w ch the magistrates and officers of the severall townes or places are to take care of, accordingly the plantacon is these late yeares increased, butt noe Genrall ace 1 hath been taken soe is not knowne how much nor what persons. Some few Slaues are sometimes brought from Barbadoes, most for Pro- visions and sould att a bt 30* b or 35i b Country pay. 18. Ministers have been soe scarce & Religions many that noe ace 1 cann be giuen of Children's births or christenings. 19. Scarcity of Ministers and Law admitting marriages by Justices, noe ace 1 cann be giuen of the number marryed. 20. Noe ace 1 cann be giuen of burialls, formes of burialls not being generally obserued & few ministers till very lately. 21. A merch* worth 1000 lb or 500 lb is accompted a good sub- stantiall merchant and a planter worthe halfe that in moveables accompted [rich 1] with all the Estates may be valued att about £150,000. 23. There may lately haue traded to y e Collony in a yeare from tenn to fifteen shipps or vessells of about togeather 100 tunns each,English new England and our owne built of w ch 5 small shipps & a Ketch now belonging to New Yorke foure of them built there. 23. Obstruccons to Improuem* of planters, trade, Navigacon and mutuall assistance are y e distinction of Collonies for our owne produce, as if different nations and people, though next neighbours upon the same tract of land, & His Ma ties subjects, we obserueing acts of trade & navigacon &c. 24. Aduantages, Incouragem 1 & Improuem 1 of Planters trade & Navigacon would be more if next neighbours of o r own Nation the King's subjects on the same tract of land might without dis- tinction, supply each other with our owne produce, punctually obserueing all acts of parliam 1 for Exportacon & would dispose all persons the better for mutuall assistance. 92 REPORT ON THE PROVINCE OF NEW-YORK. 25. Rates or dutyes upon Goods exported are 2 s for each hhd of Tobacco & I s 3 d on a beaver skin & other peltry proportionably, Provisions and all else paye nothingj Goods imported payes2 per cent except Liquors particulerly rated something more, & Indian trade goeing up the river payes 3 per cent, there are some few quitt-rents, as also Excise or license monys for retaileing slronge drinke & a way house or publique Scale : all applyed to y e Gar- rison and publique charge, to which it hath not hitherto sufficed by a greate deale. 26. There are Religions of all sorts, one church of England, Several Presbiterians & Independents, Quakers & Anabaptists of Severall sects, some Jews but presbiterians & Independ ts most numerous & Substantiall. 27. The Duke maintaines a chapline w ch is all the certaine allowance or Church of England, but peoples free gifts to y e Ministry, and all places oblidged to build Churches & provide for a minister, in w ch most very wanting, but presbiterians & Inde- pend ts desierous to have and maintaine them if to be had, There are ab l 20 Churches or Meeting places of w ch aboue halfe vacant their allowance like to be from 40 lb to 70 lb a yeare and a house and garden. Noe Beggars but all poore cared ffor. If good Minis- ters could be had to goe theither might doe well & gaine much upon those people. Endorsed " Answers of inquiries of New-York Rec d from S r Edm. Andros on the 16 th of Ap. 1678." Note. — Chalmers gives in his Annals what purport to be copies of these Reports, but they will be found to be rather abstracts when compared with the official MSS. which are now published in full, it is believed for the first time. LIBRARY OF CONGRESS 014 107 149 A *