1659, March 24.-To Robert Williams are let 3 acres of town-land (which was manured, that is , tilled by John Smith, Jr., last year) known by the name of the Hollows, lying the bevel, for £3.7-to be paid in such corn as by the blessing of God the land shall produce at the crop.-Rec. A., 46

1659, May 13,-John Smith Rock is licensed to keep an ordinary and to sell meat , drink and lodging for strangers with their retinue, both for horse and man, and to keep such good order that it may not be offensive unto the laws of God and this place.-Rec. A., 54.

1659, September 3.-The Governor sent a message to Hempstead by Capt. Newton and Lt. Stillwell for volunteers to go (under pay) against the Indians, but being busy in harvest none went.Rec. A., 57

1659, October 15. The Governor appoints Wednesday as a day of general Fasting and Prayer on account of the long sickness this summer and threatened Indian war, a just judgment of God for our sins.Col. His., ii, 78.

1659, November 18.- If any inhabitant suffers in person or estate from the Indians, and the Sachem does not cause satisfaction to be made according to the treaty of 1656, the town unanimously agree to prosecute the Indians till satisfaction be made. If any inhabitant refuse to assist his neighbor for to submit to this order, he shall pay 60 guilders. We are to acquaint the Governor with our grievances before we enter on any hostile course to recover our wrong.-Rec. A., 58.

1658, March 28.-It is ordered that Mr. Richard Gildersleeve, Mr. John Seaman, Robert Jackson and William Foster go with Chekanow, sent and authorized by the Montauk Sachem to mark and lay out the general bounds of the town lands, to be know by marked trees and other places of note to continue forever. And in case that Tackpousha, Sagamore of Marsapeage, with his Indians doth come, they all together shall lay out the bounds.

COURT PROCEEDINGS

1658-, May 7-At a Court holden at Hempstead, Robert Jackson and William Smith, plaintiffs in an action of abuse and misdemeanor committed by Henry Linington, defendant. In the same Court, July 6, Peter Cornelissen sues Henry Linington in an action of accounts.-1659, June 5, James Pine contra Henry Linington in an action of defamation.

1658, July 6.-At a Court holden at Hempstead. Whereas, Henry Linington, besides other evil practices unto the disturbance of Christian order and peace, and to the violation of the laws, to the great dishonor of God and to the evil example of the nations under which we live, hath solicited Deborah Sturgis; Be it therefore ordered that he shall forthwith be committed to the Marshal's custody (who is hereby authorized to apprehend him and in sure and safe manner to keep him in ward, until he shall give sufficient security in recognizance in the value of 500 guilders for his good behavior, in default thereof he is to be sent unto Manhattans, and within 3months he is to be banished out of the town's limits.)
His bondsmen were his father and brother-in-law, Lawrence and John Ellison. To defend them harmless he bound himself, his chattel and estate, both moveable and unmoveable to stand in caution and be security.

1659.-At a Court held May 1.- Whereas Lawrence Ellison hath entered into recognizance that Henry Linington should submit to the sentence of this Court pronounced against him, viz., to depart the town, and mean time to be of good behavior, and now supplicates to have his bond cancelled, this Court doth order that the recognizance shall stand in force until the sentence of the Court shall be performed.
At a Court holden by a general town meeting, September 3, 1659, at the house of Mr. Richard Gildersleeve, magistrate, upon the supplication of Henry Linington, it was granted that his banishment should be remitted, and he was then restored again, upon promise of reformation, unto the liberties belonging to an inhabitant.
Teste John James, Clerk. Rec. A., 57.

1658, July 25.-Richard Valentine having reported that Thomas Southard went up and down with a club, the latter meeting him one morning as he was going about his occasions, struck him on the face. As Southard still menaced and threatened to further beat him, he took oath that he stood in danger and fear of his life, and required the peace and that Southard might put in security for his good behavior. It is therefore ordered by Mr. Richard Gildersleeve, for that Thomas Southard did contemptuously resist authority in refusing to obey the Marshal with his warrant, and did fly the same and betook himself to his own house for his refuge, in consideration of these outrages and misdemeanors he is required to put in security for his appearance at Court.
And said Southard doth bind himself and all his lands, goods and chattels, to appear at Court and meantime to keep the peace and good behavior.
At a Court held December 28, on the submission of Southard, and paying all costs, the penalty and fault are remitted in hopes of his reformation. Valentine is also reconciled, and doth remit the abuse done unto him.

1659, January 2.-Thomas Ireland complains of Richard Brudenell, keeper of an ordinary, for using deceitful dealings, and produces in Court the following witnesses:
Mary, wife of Richard Willis, sent her child for a pint of sack and he afterwards demanded pay for a quart.
William Jacocks bought four cans of beer, one day last spring, and was booked seven. He paid it.
Thomas Langdon was charged for four bushels of oats and had but two, and a few oats in a piggin, and a tray being half a bushel.
Henry Pearsall, three years ago, in making up his reckoning found half a crown charged, but he so far convinced Brudenell that he did wipe it out. A second time he charged so heavy that he bid him trust him no more: if he did he would never pay him.
Thomas Foster, four years ago, something after the time he had Hollands beer, was charged a pint of sack and a can of Hollands beer more than ever he had. He did not pay it.
Richard Lattin, four or five years ago, agreed with Brudenell for diet of himself and son for twelve shillings the week, and had it a week and four days, which did come to twenty shillings. Lattin said it was ten days, but Brudenell made it eleven, and said if he would not pay for eleven he would show him such a trick as he never had seen, that is, he would set upon his book a guilder a meal and eight pence a night for his bed, and then he should pay whether he would or not.
The Court find, January 14, that Brudenell's books are false and not fit to pass in law, and he is to pay twelve guilders for calling a Court, else execution to follow.

1659, January 14.-Robert Lloyd having spoken unseemly words to the dishonor of God and the evil example of others, is fined ten guilders. But having, February 11, made an acknowledgment of his fault, the Court hath remitted the fine, on his reformation.

1659, January 16.-Daniel Whitehead, when he lived in Hempstead, lost linen and other goods, and now upon search he found at Richard Brudenell's a brass candlestick and one small striped linen carpet, and one table napkin, which he doth judge to be his own. Whereas Brudenel would not enter into recognizance and utterly refused the favor of the Court, he is condemned to restore fourfold-that is, twenty-eight shillings sterling-else execution to follow in fourteen days. He appeals to the Governor, and the answer in Dutch may be seen in the Hempstead Court minutes.

1659, February 11.-Whereas William Smith hath arrested John Essay, of Rusdorp, in an action of the case and of debt, who has made his person appearance at this Court, and the plaintiff not being present to prosecute, neither any attorney for him, the Court nonsuit the actions.

1659, May 1.-Robert Jackson contra Richard Lattin-action of the case, defamation to the value of £100 stering damages. Jackson in his declaration says that having occasions of account with Lattin, upon some debate he gave him very bad language tending to his defamation and scandal, and amongst other evil words called him a rascal. Lattin claimed that he had bought a cow of Jackson, and paid for her. This Jackson denied. Lattin said he would take his oath to it. Jackson said if need were he could depose he never sold her. Then said Lattin, "If thou wilt take thy oath to that which is false, thou art a rascal."
Whereas Richard Lattin hath used reproachful words tending to the disparagement of Robert Jackson, the Court, June 5, sentences him to forty guilders fine, or corporal punishment, unless he submissively acknowledges, in presence of the Court, that he hath wronged Mr. Jackson, and is sorry for it.

1659, May 1.-Robert Williams sent to the mill of Hempstead six bushels of good Indian corm and delivered it into the keeping of William, son of Peter Cornellssen to be ground. He received two bushels, but the rest of the meal lay on the mill-bed and had been spoiled by the rain beating upon it, and was grown sour and not fit for man's food. When Williams demanded satisfaction Cornelissen refused and said he had carried corn himself to Manhattans' mill and it took damage and he could get no recompense. He then desired Cornellissen to put out the meal and give him the sack, but he told him he would not meddle with it.
The Court adjudge Cornelissen to make good the damage done unto the sack and meal by giving him good meal, and in case they cannot agree, then to stand at the judgment of two indifferent men, and Cornelissen is to pay Court charges and give satisfaction with fourteen days, or before he depart the town, else execution to follow.

1659, June 11.-It is ordered that all wills proved in this Court at Hempstead shall pay six guilders unto the use of the Court, and the clerk and marshal's fee.

1658.-John, son of William Wahborn, planter, died in the Lord upon Satuday, in the afternoon, about one hour before sun setting, being the thirtieth day of August. (Will proved in September.)
1658, September 2.-Among other items in the last will of Nicholas Tanner "is that a beast shall be sold to buy some linen to bury me in, and also a sheet and other things that shall be needful, and the white-faced cow killed at my burial and given to the neighbors."

1659, April 24, - Andrew Messenger saith that in 1658 there was made by Nicholas Tanner in his sickness a certain donation in causa mortis to his daughter. Not being able to obtain a copy of this will, written by Daniel Denton, clerk, he desires the Court to order him to deliver a copy, thereof. Denton answers that he hath not written any action wherein Tanner hath given Messenger's daughter a legacy, and also exhibits the will. Messenger the desires that Denton may confirm by oath tht he hath written no later last will for Tanner. Denton supplicates, saying he is not bound to do so, and desires that Messenger should make it appear that there was another last will written.
Having heard the parties, the Court orders Messenger, if he is not contented with the will exhibited, to produce another later; and then such order shall be taken as shall be found requisite.

1657.-The will of William Washborne, dated September 29, was brought to me, John James, Town Clerk, by Mrs. Washborne, a week after his decease, made up and sealed in the form of a letter, and upon the superscription was written, "This is my will, Wm. Washborne." I did then break up the seal and did read it in hearing of the widow and Richard Willits. And this I testify to be the very truth. Will approved and recorded by order of Court, June 11, 1659.

1649, Nov.-Richard Lamson put out a cow to Joseph Schott to winter. He removed that winter from Hempstead, and the cow was to be returned next spring to Samuel Clark, his agent, but Schott refused, thought Clark tendered security. Schott says the cow proved unsound in her bag, and the spring following, being farrow, he put her down to the common pasture to feed, and in the fall sold her to D. Whitehead. Her calf he maintained till it came to be a cow, and she had one calf, and another which was destroyed by wolves. The cow being well so far forth as he knew, was found dead one morning, leaving a calf. The Court order Schott pay for the cow £6.10, and 20s. for one summer's milk, with one guilder on the pound interest upon interest for eight years, and costs, and 10s. for the plaintiff's charges for this journey. Schott (ultimo January, 1659) makes a tender of goods to the valuation of the aforesaid sum, to be publicly sold at outcry by the marshal, and engages to save him harmless. Primo February, Schott's barn and appurtenance, with his home-lot, (three acres), is sold to George Hewlett for £5.4 in present passable pay. I, Thomas Skidmore, (May 6, 1659), have received £15.9.6 in full satisfaction of the above sentence, in behalf of Edward Higbie of Huntington.

NEXTTO CONTINUE

BACKNASSAU COUNTY HISTORY