the said high and mighty lords, both by water and by land; from which cause we being come heere into Hudson's River, have brought the land and forts wthin the same vnder of obedience; and in regard the villages lying to the eastward of Oyster Bay did belong to this Governm', soe it is that to prevent all inconveniencyes we haue cited the same to giue the oath of fidelity; in which if they remaine defectiue, we are resolued to force them with the armes likewise; allsoe we shall not be afraid to goe against those that shall seeke to maintaine the said villages in their injustis. Conserning the vessell that is taken by vs close to yo' havens, their is noe other consideration but that it was taken from or enemyes, wherefore it appeares very strange before vs that we should bee objected against concerning it. Wee doe well beleive that those that are set for Keepers of his Majesty of England's subjects will quitt themselves as they ought to doe, for y preservation of the colonyes in New England; however, we shall not for that depart from o' firme resolutions. We conceive we have heerwith answered yor letter. Thus done, in the place as above By order of the Comand" & Counsell of Warr, N. BAYARD, Secretary. At a Meeting of the Commanders and adjoined Council of War holden on the 25th August, 1673. The delegates from the Towns of Seatalket, Southampton, Huntinghton, Easthampton and Southhold, appearing, are ordered to cause their respective inhabitants to nominate and to present here, each, one for Schout and one for Secretary of the Five Towns, and four for Magistrates, only such as are of the Reformed Christian Religion, or at least well affected to it, from which nomination the election shall then be made. From the nomination of the inhabitants of Staten Island, are elected Magistrates thereof: who have this day taken the oath, whereupon the election is sent to the inhabitants of said island. John Russell is until further order, allowed to take charge of Capt. Manning's plantation situate on Mespat Kil. The Delegates from Midwout, Amesfort, Breukelen, Utreght, Boswyck, Bergen and Staten Island are notified of the necessity of fortifying the city and of each contributing to said necessary work according to its means, which they undertake and promise; whereupon they are referred to the Burgomasters and Schepens of this city, to confer with them thereupon. At a Meeting of the Honble Commanders holden in Fort Willem Hendrick, on the 26th of Commander Cornelis Evertse, Junior, Commander Jacob Benckes, Captain Anthony Colve. Nathaniel Silvester part proprietor of Shelter Island appearing, offers his submission and requests confirmation of his previous privileges granted to him and his island, called Shelter Island. Whereupon said Silvester is answered that before a final conclusion could be come to in this matter, he must exhibit his privileges, which he hath undertaken to do. Furthermore, the abovenamed Nathaniel Silvester declares he has orders from his neighbor David Gardner to offer submission for him and his island, promising that said Gardner would come in like manner in person by the first opportunity. From the nomination of the inhabitants of the Town of Piscattaway are elected : As Schepens: John Smally, The 27th August. Nicholas Boman, Sworn 6th Sept', 1673. Pursuant to the resolution of the 21st instant, the Commanders and Council of War did this day proceed to the Town of Bergen, where the Burghers of that town and dependencies were found to amount to 78 in number, 69 of whom appeared at drum-beat who took the oath of allegiance in like form as herein before inserted under date instant; the remainder were absent, whose oaths the Magistrates were ordered to forward. At a Meeting of the Commanders and Honble Council of War holden in Fort Willem Hendrick, 28th August, A° 1673. PRESENT -- Commander Cornelis Evertsen, Junior, Captain Anthony Colve. The following Notice is this day affixed: WHEREAS many of the good inhabitants of this place have informed us that considerable sums of money are due them from the late Mr. Lovelace, both for goods delivered and labor performed; also, that said Mr. Lovelace has open accounts with divers persons who would be found indebted to him whenever said accounts were closed. Therefore, have we considered it necessary to cause said accounts to be closed and have thereunto appointed Stephanus van Cortland, Balthazaer Bayard, Jacobus van de Water to close, in the presence of Pieter de Lanoy, the said Mr. Lovelace's late servant's said account. So that such may be immediately set about, all persons residing here shall have to deliver in their accounts to the aforesaid persons, before the 8th September next; the account being closed and delivered to us, further orders shall be issued as to further proceedings. Dated Fort Willem Hendrik this 28th August, 1673. Nathaniel Silvester delivering in an extract from his privileges, was ordered to exhibit the original. He said he had left it at home, whereupon the Register being referred to, 'twas found that the heirs of his late brother Constant and one Coll. Middelton, residing in England, were in like manner partners in his island, called Shelter Island, whose share must be confiscated to the behoof of the State; whereupon the aforesaid Nathaniel Silvester replied, that large sums of money were due him from said heirs of Constant Silvester. But after divers arguments pro and con., it was agreed that said Nathaniel Silvester shall pay to the government here the sum of five hundred pounds in this country's provisions for the interest of the heirs of Constantine Silvester and Thomas Middelton. The following is the act of Confiscation of Shelter Island and the conveyance thereof to Nathaniel Silvester. We, Cornelis Evertse the younger and Jacob Benckes, 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 entrusted 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 possible to take and conquer them and when conquered to confiscate, and to declare forfeited 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 aforesaid 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 Hendrik, with the city of New York now named New Orange, situate on the Island Manhatans, 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 York, 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 in the possession of Nathaniel Silvester, yet a part thereof belonging in real property to the heirs of Constant Silvester and Thomas Middeltowne residing in England and Barbados, 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 and Thomas Middeltowne or any other persons, our lawful enemies have in the aforesaid island called Shelter Island, as we do hereby declare forfeited and confiscate their interest and property for the behoof of our Lords Masters with this understanding however, that in this confiscation are by no means included but on predetermined deliberation most expressly excluded whatever interest and right said Nathaniel Silvester hath to said island or other his real and personal goods, effects and furniture, negroes or whatever else is lawfully belonging to him within this government, as, because of his submission under our said Lords Masters their High Mightinesses the Lords States-General of the United Netherlands and his Serene Highness the 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 28th of August, 1673. At a Meeting of the Commanders and Honble Council of War holden the 29th of August, 1673. Capt. Willem Knyff and Lieutenant Jeron de Hubert are this day ordered with Ephraim Herman, clerk in the office of Secretary Bayard, to repair to the Towns of Midwout, Amesfort, Bruekelen, Utreght, Boswyck, Gravesandt, Flushing, Heemstede, Rustdorp and Middelborgh on Long Island, and to administer the oath of allegiance to all the inhabitants thereof; to which end a commission is granted to them. NOTE. The form of the oath to be taken by the inhabitants of the Dutch Nation shall be as follows: We do promise and swear, in the presence of the Almighty God, to be loyal and faithful to their High Mightinesses the Lords States-General of the United Netherlands, and his Serene Highness the Prince of Orange and their Governor already, or hereafter to be appointed here, and to comport ourselves on all occasions as loyal and faithful subjects are bound to do. So truly help me God Almighty. The following is the form of the oath to be taken by the inhabitants of the English Nation: Wee do sware in the presence of the Almighty Godt, that wee shall be true & faithfull to the High & Mighty Lords the Staets Gennerall of the united Provinces of his Serene highnesse the Lord Prince of Orange & to their Govern's here for the tijme being, and to behave of selves. uppon all occasions, as true & lawfull subjects provided onlij that wee shall not be forced in armes against our owne nation if they be sent bij authoritij of his Majesty of England, except they be accompanied by â commission of force of other nations when wee do oblidge o' selves to take up armes against them So help us God. Nathaniel Silvester hath this day, pursuant to agreement concluded yesterday, executed an obligation at the office of Secretary Bayard, whereupon the following conveyance is made and confirmed to him: The Honorable Council of War, over a squadron of ships now anchored in Hudson's river Whereas we, by virtue of our commission, by a preceding act of this date, for sufficient reasons us moving have, for the behoof of our Lord Masters confiscated the lands, houses, goods, negroes and effects of whatever sort they may be, belonging to the heirs of the late Constant Silvester and Colonel Thomas Middelton, situate on Shelter Island, east of Long Island, being property belonging to the subjects of England and public enemies of our State, Therefore have we thought proper and resolved to sell said houses, lands, movables, negroes and effects belonging to the enemies of our State as aforesaid, for the advantage of our Lords and Masters, and pursuant thereunto have in like manner arranged and agreed with Nathaniel Silvester, co-proprietor of Shelter Island, already mentioned, to whom we have sold the aforesaid interest and right of the above named heirs of Constant Silvester and Thomas Middeltone, for the sum of Five Hundred Pounds Sterling, payable agreeably to the tenor of a certain obligation thereof being, declaring therefore, that we will cede, transport and convey, as we do hereby cede, transport and convey to the above named Nathaniel Silvester, his heirs and assigns, for and in consideration of the said sum, all interest, right, title and propriety which the aforesaid heirs of Constant Silvester and Thomas Middeltone have to the aforesaid island and dependencies thereof, to be by the aforesaid Nathaniel Silvester, his heirs and assigns, entered on, used and in perpetual, real and free possession forever and hereditarily to be possessed, and further to do there with as he should or could do with any other his patrimonial Lands and effects, with additional confirmation of all profits, rights and privileges which by previous governments have been granted and conceded unto said island, viz.: Freedom from all taxes, whether civil or military (the public customs or duties excepted), unless their High Mightinesses the Lords States-General impose any new tax on the whole country. Item, he shall not be cited in law before any subaltern courts of justice except only before the Supreme Court, and furthermore, not be bound to any mustering or outfitting or maintaining of soldiers or any military necessaries of war, save only what he shall voluntarily do for the defence of said island and government in time of need against any foreign invasion or troubles with the Indians, all which aforesaid Freedoms and Rights to the aforesaid island belonging, are hereby again confirmed to the above named Silvester and his assigns, with Freedom of Conscience and all other privileges and rights, the same as shall be granted and accorded to all the subjects of this government. Dated, Fort Willem Hendrik, this 29th August, 1673. At a Meeting of the Commanders and Honble Council of War, holden on the 30th of August, 1673. From the nomination of the inhabitants of the Town of Oostdurp (alias) West Chester, and Hamlet East Chester, are this day elected as |