LIBRARY Brigham Young University THE NEW YORK HISTORICAL SOCIETY THE JOHN WATTS DePEYSTER PUBLICATION FUND XLY THE LIBRAKT BRIGHAM YOUNG UNIVERSITY PROVO, UTAH COMMITTEE ON PUBLICATIONS DANIEL PARISH Jr., GERARD BEEKMAN, ROBERT H. KELBY. Digitized by the Internet Archive in 2017 with funding from Brigham Young University https://archive.org/details/proceedingsofgen45newy 7^1 ooC, 5 9 , 7 N V % «- < / 9/1 COLLECTIONS OF THENEW-YORK HISTORICAL SOCIETY FOR THE YEAR THE JOHN WATTS DePEYSTER PUBLICATION FUND SERIES NEW YORK: PRINTED FOR THE SOCIETY MDCCCCXIII Officers of the Society, 1913 PRESIDENT, JOHN ABEEL WEEKES. FIRST VICE-PRESIDENT, WILLIAM MILLIGAN SLOANE. SECOND VICE-PRESIDENT, WALTER LISPENARD SUYDAM. THIRD VICE-PRESIDENT, GERARD BEEKMAN. FOURTH VICE-PRESIDENT, FRANCIS ROBERT SCHELL. FOREIGN CORRESPONDING SECRETARY, ARCHER MILTON HUNTINGTON. DOMESTIC CORRESPONDING SECRETARY, JAMES BENEDICT. RECORDING SECRETARY, FANCHER NICOLL. TREASURER, CLARENCE STORM. LIBRARIAN, ROBERT HENDRE KELBY. EXECUTIVE COMMITTEE FIRST CLASS—FOR ONE YEAR, ENDING 1914. DANIEL PARISH, Jr. JAMES BENEDICT, ARCHER M. HUNTINGTON. SECOND CLASS—FOR TWO YEARS, ENDING 1915. CLARENCE STORM, J. .ARCHIBALD MURRAY, BENJAMIN W. B. BROWN. THIRD CLASS—FOR THREE YEARS, ENDING 1916. ACOSTA NICHOLS, STANLEY W. DEXTER JOHN WATSON CARY. FOURTH CLASS—FOR FOUR YEARS, ENDING 1917. FREDERIC DELANO WEEKES, PAUL R. TOWNE J. PIERPONT MORGAN DANIEL PARISH, Jr., Chairman. ROBERT H. KELBY, Secretary. [The President, Vice-Presidents, Recording Secretary, Treasurer, and Librarian are members of the Executive Committee.] PROCEEDINGS OF THE GENERAL COURT OF ASSIZES HELD IN THE CITY OF NEW YORK OCTOBER 6, 1680, to OCTOBER 6, 1682 INTRODUCTION HIS volume, the 45th of the Collections T of the Society for 1912 contains: I. Proceedings of the General Court of Assizes held in the City of New York, October 6, 1680 to October 6, 1682. This court was established under the author- ity of “The Duke’s Laws,” 1665. It was composed of the Governor, Members of the Council, High Sheriff and such Justices of the Peace, as might attend. It sat in New York once a year, the regular term beginning on the last Thursday of September. Special terms, however, could be called at other times to hear causes requiring speedy dispatch. The court had original jurisdiction in all criminal matters, and civil cases of twenty pounds and upwards. It was abolished in 1683. II. Minutes of the Supreme Court of Judi- cature, April 4, 1693 to April 1, 1701. The Court was originally established by an act of the Legislature, May 6, 1691. It consisted at first of five judges, two of whom, together with the chief justice constituted a quorum. CONTENTS PAGES I. Proceedings of the General Court of Assizes held in the City of New York Oct. 6, 1680 to Oct. 6, 1682 3 to 38 II. Minutes of the Supreme Court of Judicature April 4, 1693 to April 1, 1701 . 41 to 214 III. Index . 215 to 233 PROCEEDINGS OF THE GENERAL COURT OF ASSIZES HELD IN THE CITY OF NEW YORK OCTOBER 6, 1680, to OCTOBER 6, 1682 Att A General Court of Assizes holden in the Citty of New Yorke by his Majtis Authority begining the sixth Day of Octobr in the 32th yr of the Reigne of our Sovereign Lord Charles the Second by the Grace of God, of England, Scotland, France & Ireland King Defender of the Faith &c and in the yeare of our Lord 1680. Present The Right Honoble Sr Edmund Andros, Knt. Goveror Capt Mathias Nicolls Capt William Dyre Mr Fred. Flipson of the Councell Mr William Darvall Mr Steph. Courtland. Mr Francis Rumbouts Mayor of the Citty of New Yorke Mr William Beakeman Mr Thomas Lewis Mr Peter Jacobs Aldermen of the same Mr Gelyne Ver Planke Citty Mr Samuel Willson PROCEEDINGS OF THE GENERAL COURT OF ASSIZES Capt Richard Betts high Shreiffe of Yorkesheire on Long Island Mr John Tapping Justices of ye Peace Mr Isaac Arnold for the East Rydeing Mr John Woddall of Yorkesheire on Mr Jonas Wood Long Island. one of the Justices of Major Thomas Willett the peace for ye North Ryd. Capt James Hubbart Justices of the Peace Capt Elbert Elbertson for ye West Ryeding Capt John Palmer Mr Andrews Teller Commissaryes of Al- Mr Cornelius van Dyke bany Justice of the Peace Capt Thomas Delavall for Esopus Mr William Lawrence Mr John Ogden Mr Isaack Whitehead Mr Thomas Johnson Mr John Ward Mr Samuell Moore Mr John Martin Capt John Bowne Mr Nicholas Bayard Capt Thomas Snaswell Justices of the Peace Mr Nicholas Browne for New Jersey Mr Joseph Parker Cheife Justice of Nan- Capt John Gardner tuckett Justices of the Peace Capt Coasar Knapton for Pemiquid and Mr John West parts Eastward PROCEEDINGS OF THE GENERAL COURT OF ASSIZES 5 The Court being Oppened and Called over with Con- stables who Attended on the Court and Sylence being Com- manded they Proceeded To try the Causes following. John Steavens Appealt John Richardson Defendt An appeale from a verdict and Judgmt given att the Court of the Whorkill in February 1679-80 for the Deft for Tittle of Land Called Willingbrook first surveyed for seated and Improved by the Deft upon full hearing of Procedings of said Court and what could be alleadged by both partyes their Evidences and Proofs The Court Confirms the said Judgmt and that the Defendt have and enjoye all the Land he hath Sealed and Improv’d with the buildings thereon the Appealt to pay Costs. Coll. Lewis Morris Appealt Gabrill Minveile Attorney to Lewis De Bois, Deft An appeale from the Judgmt of the Court of Mayor and Aldermen Given the 13th of January 1679 about the negros taken by the Dutch and sold in vandue att the Esopus to the Defendt and runnaway from him to the appealt who Detained them; which the Appealt was Ordered to Deliver with Damage. The proceedings of said Court being Read and partyes fully heard the Court Reversed the Judgmt in the Mayors Court, And give Judgmt for the Appealt that he keep the said two Negros. The Deft to pay Costs of suite. Paulus Richards, Appealt Peter Peterson, Deft An Appeale from a verdict and Judgmt Given for ye Deft att a Court of Sessions held att Gravesend in June last on a Debt of forty five pounds Due by bill from the sd Deft to one Peter Belieu and Assigned the Appealt Payable att three payments in wheate, Rye or Tobacco with six Per Cent Interest per Annum as by the bill pro- 6 PROCEEDINGS OF THE GENERAL COURT OF ASSIZES duced and read in Court. The proceedings of the Court of Sessions read and Partyes fully heard. The Court Reverse the said Judgmt and Adjudge the Deft to Sattisfie and pay to the Appealt the said Debt with Interrest according to bill in six months time and ye Cost of this Court. Charles Morgan Appealt John Bridgen Deft An Appeale from a verdict and Judgmt given for the Deft att a Court of Sessions held att Jamacia for twenty- six pound Due by bill which was for a Servant which the Defendt by threats and Surprize had forced to engage by Indenture to Serve him Tenn yeares and sold him for the said Terme to the Appealt but pressently run away the Proceeding of said Court read and partyes fully heard the said Indenture and Disposall of ye said Servant appearing to bee obtained and Done Contrary to Law the Court reversed ye said Judgmt of the Court of Sessions and acquitt the Appealt from the said bill. The Costs of the Court of Sessions and this Court to bee paid equally between them. The Inhabitants of Flattbush Appealts The Inhabitants of Flattlands Defts An Appeale from the Judgmt of the Court of Sessions att Gravesend where the Appealts on Pretence of not perform- ing an Award made between them were fined Tenn pounds with Award being produced and owned by both partyes who Declared were willing to stand to and abide by the same and the onely Difference appearing to be about staking out the meadow Accordingly. The Proceedings of said Court read and partyes fully heard. The Court remitt the said fine and give Judgment That Mr Nicolas Demeyer and Capt Richaard Stilwell two of the Arbitrators Mr Nicholas Bayard and Mr James Hubbard persons nominated by the partyes doe stak out the meadow in Controversie according to said Award, but if either of ye said persons shall by sickness or other Accident be hindred from attending the same then that ye partyes Doe Choose another in his stead the Defts to pay Costs. PROCEEDINGS OF THE GENERAL COURT OF ASSIZES 7 Richard Hall Appealt Mr Wm Darvali, Deft An Appeale from a Judgmt given for the Deft in ye Court of Mayor and Aldermen ye 20th July last past in an accon brought by the Appealt for £200 the penalty of an Obligation forfeited by the breach of a Charter Partye made betweene the Appealt and Deft and one Wm Williams deceased proceedings of said Court read and Partyes fully heard their Deposition and proofs. The Judgmt in the said Mayors Court is reversed and the Court gives Judgmt for the Appealt £100 Damage and Costs of Suite. The Deft Craved an Appeale to the King and Councell which is Granted giving Secutity according to Law. Thomas Delavall Appealt John van Twist Attorney to Daniell Hendecoutre, Deft An appeale from a Judgmt given against ye appealt by Default in the Court of Mayor and Aldermen ye Day of for Eight Thousand Two hundd thirty one pound weight and three Quarter of tobacco one Thousand Eight hundd forty eight Gilders tenn Stivers Sewant Seven thousand foure hundd thirty nine Gildrs in Beavers.