"(Coppy) This day the 13th of July is payd unto the Indians above mentioned in parte of ye purchaze foure hundred hands of Wampum, 30 barres of Lead 3 bagges of pouder. More for a present, 3 ankers good beere, one koatt of duffells, together with the above mentioned Rundler of Brandy." "(Coppy Transl:) A°° 1672 The 13th day of July, Did the underwritten Indians appeare before us and do declare that They did confirm all and whatsoever the Above written Indians by Name Tohoriowaghque and Crage in the Annexed Instrument have acted, and doo by These presents prommise, with the Last payment to give all further Assurances of the s Land, and That They and Theyre heires Shall desist from all further Claymes and pretences whatsoever.

"In Witness whereof They have hereunto set Theyre handes, In Schanhechtade at the house of Gerritt Bancker and in the presence of Severall particular Indians The Day and Yeare Above written. "Signed with ye following markes.

(Signed)

J. G. V. MARCKE, Nota. pub.

LUDOVICUS COBES, secret. ""*

Compared and found to agree with the prinsip: by mee.

By virtue of the foregoing conveyance from the Indian proprietors, application was then made to the Governor and Council for a patent and with what result will be seen by the following proceeding in Council.

"At a Councell Oct. 15, 1675. Present The Governor, The Secretary, Capt. Dyre, Mr. Philips. Sander Leenderts Glen and Ludovicus Cobes, Schout of Schanechtade, produce (with a request from their Village) severall papers relating to an Indyan purchase &c., made Anno, 1672, somewhat before the surrender of this place to ye Dutch, and desire a Patent for ye lands three miles of each side of the River.

They desire twelve miles farther, which they pretend to have purchased and make severall other Proposalls.

* Land Papers, 1. 47.

In answer whereunto, It is resolved as followeth viz'.

To ye first Proposall, That they have a Patent for ye land about, and above Schanechtade, but there appearing no leave from ye Governor to buy ye same, nor a full information of the Premises, It is to be suspended for ye present, but no one else shall have a graunt for that land before them, In meantime it may Continue in Common as formerly.

The Bouweryes or farmes of Schanechtade are to pay for each of them conteyning 20 morgan and so proporconably four Bushels of Winter Wheat pr annum as a quitt Rent.

To ye second concerning their Priviledge of Trade or handling wth ye Indyans.

The Governor's Ord's made above to bee observed.

To ye 3, That they may be excused ye paym' of their Burger's Packt or Excise att Albany and may bee ad."

"It is ordered that ye Magistrates of Schanechtade shall at this time have liberty to impose and levy upon ye Inhabitants there the 300th penny for to pay present debts and defray publique Charges.

To ye last request that may have a peculiar seal for their own particular affaires relating to their town,

It is likewise graunted, and that a seal shall be made and sent them by the first convenience."*

Thus the reasonable petition of the inhabitants was denied for informality and indefiniteness; first because, "leave from ye Governor to buy ye same,' had not first been obtained and secondly, because "full information of the Premises" was not given. And to add to the difficulties of the case, the Mohawks were inclined to repudiate the sale of their lands or at least demand a double compensation, as shown in the following minute of a council held by the Mohawks, before the Governor.

"The Sachem spake for himself, That one Arent Van Corlaer bought all Schannectade and paid for it, but now there be some who have bought only Grasse, and pretend to the land allso; they say allso that they have bought the first flatt, but that is not so, for it belongs to Acques Cornelisse [Van Slyck], who is to have it, and none else, for he is of their [Mohawk] people and it is his inheritance;-that there are writings made of a sale of land, but it was never sold, but only the grasse, tho' it may be some drunken fellows may have made some writing without their knowledge, That they have only bought the Grasse and now are going to live upon it, but they ought pay for the land as well as the Grasse, and that they had given some to

to

* Council Minutes, III. 2nd part, p. 59.

- the

that woman Hillah and another Leah,* who have the property of it; others have only the Grasse; - That now he has declared this matter and desires notice may be taken of it; and says that shame shall never come upon him, or to be found in a lye."

Answer.

"That it is the custom of the Government and amongst Christians when they sell the Grass to sell the land allso; and if they be not paid for the land they shall be, and that the people of Schaunectade say that they sent Acques to purchase the land in the name of their Town, and that Acques bought in his own name; and they sent allso one Kemel to purchase it for the Towne, the Indyans told him that Acques had bought and paid some part of the payment, and they desired them to pay Acques the money back and the Towne should have it, which the Towne did and Acques was satisfied; it is the custom of this place to do justice among ourselves and if Acques have a better title than they for it, he shall have it."

Whatever may have been the arguments used on this occasion, whether in the shape of "ankers of good beere," or a "rundler of brandy,"-potent reasons ever with the Indian,- opposition ceased from this time and the Governor and Council were brought to grant the inhabitants the following much needed Patent for the ancient township, afterwards city of Schenectady.

"Thomas Dongan, Leiutenant and Governour and Vice-Admirall under his Royal Highnesse, James, Duke of Yorke, &c.,, of New Yorke and its Dependencyes in Amerca &c.

To all to whom these presents shall come, Sendeth Greeting, Whereas Tohory wachqua and Crage, Representatives of the four Mohake Castles, have for themselves, and Canachquo, Ocquary, and Tohoriowachque, true and Lawful Owners of the Land within menčoned, have by their certaine Writeing, or Deed of Sale, dated the third day of July Anno Dni 1672, Given and Granted unto Sander Lend's Glenn, John Van Epps, Sweere Teunesse, as being impowered by the Inhabitants of the Towne or Village of Schenectady and Places adjacent, a Certaine Tract or Parcell of Lands, beginning at the Maques River, by the Towne of Schenectade, and from

* Hilletie a half breed, sister of Acques Cornelise Van Slyck, married Peter Danielse Van Olinda the First Settler; the land given her by the Mohawks was the "Willow Flat" below Port Jackson and the Great Island at Niskayuna. Leah, probably her sister, married first Claes Willemse Van Coppernol and secondly Jonathan Stevens. She owned a portion of the " Willow Flat" with her sister Hilletie.

+Council Minutes v. 11. Council Minutes, v. 12.

thence Runnes Westerly on both sides up the River to a Certaine Place called by the Indians Canaquarioeny, being Reputed three Dutch Miles or twelve English Miles; and from the said Towne of Schenectade downe the River one Dutch or four English miles to a kill or creeke called the Ael Place, and from the said Maques River into the woods South Towards Albany to the Sandkill one Dutch Mile and as much on the other side of the River North, being one Dutch mile more, there being Excepted in the said Bounds all Corne and Sawmills, that now are or hereafter shall be erected Within the Bounds of the said Towne, that they be lyable to pay a perticular Quitt Rent for their Priviledges, besides what is herein sett forth, as shall hereafter be agreed for by the Inhabitants of the said Places, or owners of such Mills, with such Governour, or Governours as shall be Appointed by his Royal Highnesse; and likewise that noe Timber or Wood be Cutt but within the Bounds aforesaid, the said Excepčon being agreed upon by Myselfe as by a Certaine Writeing bearing date the 7th day of August last Past, doth more perticulerly Appeare:

Now know Yee that by virtue of the Comicon and Authority to me Given, by his Royal Highnesse James Duke of Yorke and Albany, Lord Proprietor of this Province, I have hereby Given, Granted, Ratifyed and Confirmed and by these Presents doe Give, Grant, Ratifye and confirme, unto William Teller, Ryert Schermerhorn, Sweer Teunessen, Jan Van Epps and Myndert Wemp on the Behalfe of the Inhabitants of the Towne of Schenectade and Places Adjacent aforesaid, Dependencyes thereon, there Associates, Heires, Successors and Assigns, all and Singular the before recited Tract and Tracts, Parcell and Parcells of Land, Meadow, Ground and Premises with their and every of their Appurtenancyes, together with all and Singular the Houses, Buildings, Messuages, Tenements, Heriditaments, Dams, Rivers, Runnes, Streames, Ponds, Woods, Quarryes, Fishing, Hawking and Fowling, with all Priviledges, Libertyes, and Improvements whatsoever, to the said Lands and Premisses belonging, or in any wise appertaining, or accepted, reputed, taken or known as Part, Parcell, or Member thereof, with their and every of their Appurtenances; Provided Alwayes that this shall not anywayes make null, or void a former Grant or Pattent, bearing date the 30th of October last past made to Jacques Cornelisse of a Piece of Land lyeing within the Bounds heretofore menčoned of the Towne of Schenectade, (that is to say) the Land Lyeing and being betweene two Creekes, the one called the Stone Creeke to the Eastward, and the other the Platte Creeke to the westward thereof, the Low Land lyeing along the River side on the South of the Maques River, and then to the north of the Land belonging to the Inhabitants of Schenectade, the same Containing Forty Morgan or Eighty acres of Land, as alsoe Forty Morgan, or Eighty Acres of Woodland or upland more, on the West side of the Plattè Creeke, adjoining to the arrable Land along the River side, which was wholly exempt by the Indian Proprietors, in the sale of this Land, as belonging to

Jacques Cornelise :

To have and to hold the aforesaid Tract and Tracts, Parcell and Parcells, of Land and Premisses with their and every of their Appurtenances, unto the said William Teller, Ryert Schermerhorne, Sweer Teunessen, Jan Van Epps and Myndart Wemp on the behalfe of the Inhabitants of the Towne of Schenectade and their Associates, their Heires, Successors and Assignes, unto the propper use and behoofe of the said William Teller, Ryert Schermerhorne, Sweer Teunessen, Jan Van Eps and Myndart Wemp, their Heires, Successors, and Assignes forever, to be holden of his Royall Highnesse, his Heires and Assignes in ffree and Comon Soccage, According to the tenure of East Greenwich, in the County of Kent, in his Maties Kingdome of England, Yielding and Paying therefor, Yearly and every Yeare, as a Quitt rent, for his Royall Highnesse use, unto such officer or Officers as shall be appointed to receive the same att Albany forty Bushels of Good Winter Wheat, on or before the twenty-fifth day of March.

Given under my Hand and Sealed with the Seale of the Province, at ffort James in New York, the first day of November Anno Dni 1684, and in the thirty-sixth Yeare of his maties Raigne.

THO. DONGAN.”

The importance of this grant will appear from the fact that it is the source of all legal titles to lands embraced within 128 square miles of territory given subsequently to the first day of November, 1684.

The five trustees therein named, or their survivors and successors lawfully appointed, thereafter became the granters of all the public or common lands of the town. Previous to this date all lawful conveyances were in the first instance made by the Governor and Council.

Of the five original trustees, Myndert Wemp, Jan Van Eps, and Sweer Teunise Van Velsen were killed Feb. 9, 1693 leaving only Reyer Schermerhorn and Willem Teller survivors. The latter, then an aged man residing in Albany, took but little active interest in the management of the Patent. In 1692 he removed to New York, where he died in 1700, from which time until the confirmatory Patent of 1714, Reyer Schermerhorn was sole trustee.

By the destruction of the village in 1690 and subsequent wars with the French and their Indian allies, the inhabitants of Schenectady had lost all but their lands; in consequence of which Schermerhorn petitioned the Governor in 1698 for an abatement of the quit rent due,--40 bushels of wheat yearly, according to the Patent of 1684, but his request was not granted.*

* Land Papers, II, 271.

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