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Such an unexpected misfortune obliged mee to chang the designe I had of adventuring the person of the reverend Father Bechefer, and the rest that accompanied him, & I resolv'd to send only the Sieur Cousture (who had been a Prisoner among the Maques) with a letter to the Dutch Gent. of the 224 July 1666. The said Cousture having no other employ than what was in his Instruction which hath or might have been seene, since I gave him leave to shew it.

I had never the thought of accusing those Dutch Gent'men either directly or indirectly, nor any other person, of holding intelligence with the Maques in so foule an action as was committed by them; But writt onely to oblige them, and those other Gent'men who serve under yor command at Albany, (for we were then in peace,) to councell the Maques, as Neighbours, to deliver up into our power, the actors of that murder, wch was a satisfaction that with reason I might promise myselfe on that occasion.

My L're of the 22d July to those Gent'men at Albany, might have informed you what the Sr Cousture was; ffor it had not beene prudent after the death of those Gent'men, to hazard a person of quality. And I am very sorry that you tooke the paines to leave the place of yr usual residence to make a voyage to Albany, to have discourse with an ordinary Messenger who had nothing of Trust committed to him.

The intention you signify to have of Embracing Allwayes the Interest of Europe, against the barbarous Indyans of America, is very commendable and befitting a person of your Quality and a good Christian: That Passion which you likewise expresse, for the interest of his Maty of Great Brittaine, is to be esteemed, and there is no man of reason, who doth not approve y1 judgm1 therein, & that hath not the like for his Prince.

I returne you thanks in particular for those obliging termes you are pleas'd to use on my behalfe, as also for the assurances you give mee of a desire to hold a mutuall Correspondence of civility and respect with mee to y end before proposed: If I was particularly knowne to you I might feare you would alter your opinion of mee, for that Reputacôn doth very often give us advantages which wee do not deserve.

I had the honor to serve the King in Germany, in the most considerable commands of his Army, at the time when my son (that was hee and not mee) was knowne unto you, in those which served in fflanders, where he commanded His Maties Cavalry of Strangers: Hee had a very particular respect for the person, and for the great meritt of his Royal Highness, the Duke of York, who seemed to bee well pleased with his respectful carriage towards him: You have no reasons to expect lesse services from mee, that you might have received from my son, upon all occasions where those of the King will permit mee to render them.

It cannot bee but you must have heard from divers of your Nation that have been in the Islands of America, how I have done them courtesyes with passion, and with as much civility as may bee; I have cause enough to complaine that the same hath not been practised towards me; ffor that a vessell which went out of Boston, took in the Gulfe of St. Laurence, towards the latter end of June, or the beginning of July 1665, (near upon five months before the declaracôn of the warre) a barque of between 25 and 30 tunnes, wch belonged to mee, being laden with a good quantity of strong Waters, and other refreshments which come from France: But as I know no other interest than that of the service of his Maty who bestows many benefits upon mee, I shall easily forgett that losse, 'till the conclusion of Peace, you may also believe that I am wth a great deale of esteeme, S Your thrice affectionate

Quebec Apr. 30, 1667.

and humble Serv.

TRACY.

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GOV. NICOLLS' ANSWERS TO THE SEVERAL QUERIES

RELATING TO THE PLANTERS IN THE TERRITORIES OF HIS R. HS 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 constable and Eight Overseers. The City Court of N. Yorke by a Mayor and Aldermen. All causes tried by Juries.

2nd. The Land is naturally apt to produce Corne & Cattle so that the severall proportions or dividents of Land are alwaies allowed with respect to the numbers of the Planters, what they are able to manage, and in wt time to accomplish their undertaking, the feed of Cattell is free in commonage to all Townships, The Lots of Meadow or Corne Ground are peculiar to each Planter. 3rd. The Tenure of lands is derived from his R. H.s who gives and grants lands to Planters ast their freehold forever, they paying the customary rates and duties with others towards the defraying of publique charges. The highes Rent or acknowledgment to his R. H. will bee one penny pr acre for Lands purchased by his R. H., the least two shillings sixe pence for each hundred acres, whereof the Planters themselves are purchasers from the Indyans.

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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.

5. Liberty of Conscience is graunted and assured with the same Provisoe exprest in the Querie. 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 suddaine invasion, mutiny or rebellion as his Maties Lieutenants in any of his Countries of England may or ought to exercise.

8th. As to this point there is no taxe, toledge, Imposte or Custome payable upon the Planters · upon Corne or Cattle: the Country at present hath little other product, the Rate for publicke charges was agreed unto in a generall Assembly, and is now managed by the Governour his Councell and the Justices in the Court of Assizes to that onely behoofe.

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9th. The obtaining all thes priviledges is long since recomended to his R. H. as the next necessary encouragement to these his Territories, whereof a good answer is expected.

10th. Every man who desires to trade for ffurs at his request hath liberty so to doe.

ANSWERS OF GOV. ANDROS TO ENQUIRIES ABOUT NEW YORK; 1678.

[ Lond. Doc. III. ]

Answers to the Inquiries of Plantacôns for New Yorke.

1. The Governor is to have a Councill not exceeding tenn, wth whose advice to act for the safety & good of the country, and in every towne, village or parish a Petty Court, & Courts of Sessions in the Severall precincts being three, on Long Island, & Townes of New Yorke, Albany & Esopus, and some smale or poore Islands & out places; and the Generall court of assizes composed of the Governor & Councill & all the Justices & magistrates att New York once a yeare, the Petty courts Judge of five pounds, & then may appeale to Sessions, they to twenty pounds & then may appeale to assizes to ye King, al sd courts as by Law.

2. The court of Admiralty hath been by speciall comission or by the Court of Mayor and Aldermen at New Yorke.

The chiefe Legislative power there is in the Governor with advice of the Councell the executive power Judgmts given by ye courts is in the sheriffs and other civil officers.

4. The law booke in force was made by the Governor and Assembly, att Hempstead in 1665, and since confirmed by his Royal Highnesse.

5. The Militia is about 2000 of weh 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 and excersized according to Law, and are good fire men, one standing company of Souldiers with gunners and other officers for the fforts of New York & Albany always victualled in October & November for a yeare.

6. Forteresses are James fforte seated upon a point of New Yorke towne between Hudson's River & ye Sound, its a square with stone walls, foure bastions almost regular, and in it 46 gunnes mounted and stores for service accordingly. Albany is a smale long stockadoed forte with foure bastions in it, 12 gunns, sufficient ag Indians, and lately a wooden redout & out worke at Pemaquid with 7 gunns, s'd Garrisons victualled for a yeare, wth suff stores.

7. There are no privateers about or Coasts.

8. Our Neighbours westward are Maryland populous and strong but doe not live in townes, their produce tobacco, Northwest the Maques &c. Indians ye most warr like in all the Northern Parts of Amereca, their trade beavers and furrs. Northward the ffrench of Canada trade as wee with our Indians; Eastward Connecticut in a good condition and populous, their produce provisions of wheate, beefe & porke, some pease, or south bounds the Sea.

9. Wee keepe good Correspondence with all or neighbours as to Civill, legall or judiciall proceedings, but differ with Connecticut for or bounds and mutuall assistance wch they nor Massachusetts will not admitt.

10. Our boundaries are South, the Sea, West Delaware; North to ye Lakes or ffrench; East Connecticut river, but most usurped and yett possêd by s'd Connecticut some Islands Eastward & a tract beyond Kennebeck River called Pemaquid, &c. New Yorke is in 40d 35m; Albany abt 43d; the Colony is in severall long narrow stripes of wch a greate parte of the settlemt made by adventurers before any Regulacôn by wch Incroachmts without pattents weh townes have lately taken but by reason of continuall warrs noe Survey made & [qu. of the] wilderness, noe certaine computacôn 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.

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