New York Deeds, NY and Long Island Documents and the Melyn Papers
From The New York Historical Society Collections, this 1913 volume
contains 1) the Original Book of New York Deeds from 1/1/1673 to
10/19/1675, 2) miscellaneous documents relating to New york and Long
Island from 1642 to 1696, and 3) the Melyn Papers, a small collection of
original maunscripts and contemporary copies mainly relating to Staten Island
(1640-1699).
Bibliographic Information: New York Deeds, NY and LI Documents, Melyn
Papers, The New York Historical Society, 1913.
Pages 97-138:
MELYN PAPERS
1640-1699
[Deed for Staten Island, July 1640]
We Willem Kieft, Director General and Councillors in behalf of the High
Mighty Lords States General of the United Netherlands, His Highness of
Orange and the Hon. Managers of the General Privileged West India
Company, residing in New Netherland: Make Known that on this
underwritten date we have given and granted as we are giving and granting by
these presents (by virtue of a certain Act, dated July 1640, conceded by said
Lords Managers), to Cornelius Melyn the entire Staten Island, situated on the
Bay and North River of New Netherland, excepting so much land as
appertains to a farm which by us Director and Councillors before mentioned
had been granted and given--before the date of the before mentioned Act--to
David Peterse De Vries of Hoorn, which land has also been occupied by him
David Peterse; all under express condition that he, Cornelius Melyn, or those
by virtue of the present entering upon his rights, shall acknowledge the said
Hon. Heeren Managers as their Lords, under the Sovereignty of the High
Mighty Lords the States General; and hereto obey their Director and
Councillors as good inhabitants are bound to do; providing he, Melyn, or
those entering upon his right, submit in whole and in part to all such charges
and requisitions as--in accordance with the exemptions of New
Netherland--have been already levied or shall yet be levied by the Managers;
consequently constituting in quality and by virtue as expressed before, said
Cornelis Melyn,
in our stead, real and actual possessor of the aforesaid parcel of land; granting
him by these presents perfect power, authority and special order to take
possession of cultivate, inhabit, use, the said Staten Island--except the said
farm--as he may do with other his patrimonial lands and effects, without we,
the grantors, in the aforesaid quality are reserving or retaining any the least
share, claim or authority in the same, desisting of the same in behalf of as
above.
The above is a true copy of the Part of a Patent as it is found in the Dutch
book of Record in the Secry's office of the Province of New York.
Pr. M: Clarkson, Secry.
[Translated from the Dutch]
In manner and on conditions hereafter expressed the Very Noble Jongheer
(Lord) Godert Van Reede, Lord of Nederhorst, etc., has agreed with
Cornelis Melyn that the said Lord of Nederhorst shall receive and possess in
ownership the just half of the colonies acquired by Cornelis Melyn from the
West India Company on Staten Island or elsewhere to be selected as well in
regard to jurisdiction as to ownership of the lands, woods, and all other rights,
appertaining to the said colony. Which one half said Melyn by these presents
cedes to the Lord of Nederhorst; the other half as well as in regard to
jurisdiction, lands, woods and rights appertaining to the same remaining to the
said Cornelis Melyn; provided that said colony with the consent and
approbation of both parties, shall be divided in two equal parts, an exact map
of which shall be made and sent over by the said Melyn, to be then drawn for
by the said Lord of Nederhorst, and by the said Melyn. And in case the said
Lord of Nederhorst should draw the part upon which said Melyn
should have incurred any expenses, said Lord of Nederhorst in such case shall
pay indemnification, upon the award of expert arbitrators. With the distinct
understanding that each for his own share shall bear his own expenses and
shall people the same, and further each shall regulate his own property in such
a manner as they shall deem proper without having anything further in
community with the other; with express condition that if the Lord Count of
Solms in regard to his Colony should happen to acquire any more privileges
from the West India Company or their High Mightinesses, that said Lord of
Nederhorst shall also exert himself as much as possible that said Melyn, in
such case, shall also receive similar condition and privileges for his portion,
without however being obliged to positively acquire the same. Said Melyn
promising to act as superintendent and to take care that the people to be sent
there by the Lord of Nederhorst (who will do so as soon as his Honor shall
find an opportunity) shall be held to their duty, and to report on the same from
time to time. The said people to be sent there by the said Lord of Nederhorst
are not to act in weighty matters unless with the advice of the said Cornelis
Melyn. In ratification of which parties mutually pledge their respective persons
and goods, submitting the same for this purpose to all Lords, Courts and
jurisdictions. In testimony respective parties have subscribed to this present
(which remains in the custody of me Jan De Graeff Notary Public at
Amsterdam) in the presence of and with me Notary, at Amsterdam, this sixth
of May, old style, of the year sixteen hundred forty one.
Agrees with the minute of the deceased Notary Jan De Graeff, this 16th
January Anno 1648.
By me
F. Steur, Notary Public
1648.
Endorsed:
Agremt with the Lord Nederhorst and Cornelis Melyen
[Translated from the Dutch]
We, Willem Kieft Director General and Councillors for the High Mighty Lords
States General of the United Netherlands, his Highness of Orange and the
Hon. Heeren Managers of the privileged West India Company, residing in
New Netherland, Make known and declare by these presents that on this
underwritten date we have granted to Burger Joorissen a lot situated on the
bank of the East River on the Island Manhatans to the East of the Fort,
extending to the East eleven rods and to the North ten rods, being an uneven
square amounting to one hundred and ten rods of land; with express
conditions and stipulations that he, Borger Joorisen, or those acquiring by
virtue of this present his right, shall acknowledge the aforesaid Heeren
Managers as his Lords and Patroons under the Sovereignty of the High
Mighty Lords States General, and here their Director and Councillors to obey
in everything as good inhabitants are bound to do; and provided he, Burger
Joorisen further submits to all such charges and duties as have already been
imposed or shall yet be imposed by the Hon. Heeren. It is also stipulated that
Burger Joorissen, in one or two years time, on the said lot on the strand shall
yet cause to be built a good house. Therefore confering upon said Burger
Jorissen, or those entering upon his right in our stead real and actual
ownership of said lot, granting him by these presents absolute and irrevocable
power and authority and special order to build on, inhabit, and use said lot, as
he might do with other his patrimonial lands and possessions, without we
grantors, in our afore stated quality, having, reserving or retaining any the least
share, ownership or authority in the same, but in behalf of as above from now
on and forever renouncing everything, promising further firmly, irrevocably and
unbreakably to observe and carry out this their Conveyance, all under pledge
as expressed by law; without guile or craft this has been subscribed by us and
confirmed with our seal in red wax, in Fort Amsterdam April 28th, 1643,
New Style. Was signed Willem Kieft.
By order of the Hon. Heeren Directors and Councillors of New Netherland
Cornelis Van Tienhoven
Secretary.
Lib A fo. 58
A true Copy
David Jamison D: Secry
Endorsed in Dutch
Grant of Burger Jorison, of the 28th April 1643.
[Translated from the Dutch]
In the year after the birth of our Lord and Savior Jesus Christ one thousand
six hundred four and forty the 17th day of December, appeared before me
Cornelis Van Tienhoven, Secretary of New Netherland, Burger Jorisen,
Farrier (hoefsmid) and inhabitant here, who declared in the presence of the
below subscribed witnesses to convey and transfer in a true free ownership to
Mr. Cornelis Melyn, his house and lot situated on the island Manhatans, as he
is by these presents conveying and transfering said lot and house by virtue of
ground brief & conveyance granted by the Director and Councillors of New
Netherland, dated April 28, 1643. On account whereof he Burger Jorisen
Constitutes in his stead as real and actual owner of the said lot and house said
Cornelis Melyn or those entering upon his right, granting him irrevocable
power, authority and what has been expressed before, so that he, Melyn, may
do with and dispose of the same as he might do with other his patrimonial
estate, without he, the grantor, retaining in the same any ownership or claim
(the bill of sale having been satisfied), but renouncing the same from now on
for ever. In testimony hereof, the
Minute of the present has been subscribed to at the record office by Burger
Jorissen, Will. De Kay & Gysbert Opdyck, as witnesses invited for this
purpose. Done at Fort Amsterdam in New Netherland, December 17, 1644,
New Style. It was subscribed to with the mark of Burger Jorisen and signed in
the name of Burger Jorisen.
On March 18, 1661 the here standing
name has been put down by
Burger Jorisse.
To which we testify
N. De Sille, N. Bayard
A true copy taken from the Records being much toorne. (signed) David
Jamison. D:Secry.
Endorsed in Dutch: Conveyance of Burger Joris to Cornelis Melyn, December
17th, 1644.
[Translated from the Dutch]
[Mandamus April 28, 1648]
The States General of the United Netherlands, To the first Marshall or
Messenger having power to serve when requested, Greeting: Make Known,
that we, having received the humble supplication presented to us by and in
behalf of Jochem Pietersz Cuyter and Cornelis Melyn, containing that they,
petitioners, with permission and leave of the Assembly of the XIX of the
General West India Company, with wife and children and with private means,
besides a large herd of cattle, in the year one thousand six hundred and thirty
nine, transported themselves from these countries to New Netherland, so that
they, petitioners, after enormous expenses, difficulties and inexpressible labor,
got into condition, in the year sixteen hundred forty three, their lands,
houses and other undertakings which in the aforesaid year on account of the
war (waged by Director Kieft unjustly and contrary to all international law,
with the savages or natives of New Netherland) they have been obliged to
abandon and as a consequence lost all their property. On account hereof the
petitioners, besides the other six Selected Men took counsel and in the name
of the joint Commonality in New Netherland in the year sixteen hundred forty
four by the Blue Cock, sent two letters: to the said Assembly of the XIX, as
also to the Directors in Amsterdam, containing their grievances regarding this
matter, the disasters grown out of these actual murders, massacres and many
other cruelties (which is appalling to every christian conscience having
information hereof) which Director Kieft at the time, has caused to be
perpetrated by his forces among the simple and innocent savages, as may be
learned more at large from the original letter to the XIX; so that the Eight
selected men did not know that they had transgressed in this matter, but had
hoped that the same would have been taken in good part by the Lords
Directors. But petitioners find on the contrary that their writings were taken in
the worst part by the Lords, who consequently returned said letter with the
New Director Stuyvesant to New Netherland to Director Kieft, from which
subsequently followed that said Kieft began to proceed very vigorously
against the Eight Select Men (especially against both petitioners) and has
caused them to be prosecuted by the Fiscal. In such a manner that Director
Stuyvesant (in order to please said Kieft in the matter) has banished
petitioners for a number of years out of the country because they were not
willing to repeal the truth, and adhered to their previous writings. Petitioners
thereupon turned to us, requesting, imploring and praying for God's Sake, that
we should be pleased to maintain them in their just cause, that they might again
be able to join their poor, desolute wives and children, and to be reinstated in
their former condition on their devastated lands. And in case petitioners have
transgressed through any improper documents (tending to the damage of New
Netherland or the common weal, which they have never attempted) they
submit to such punishment as we shall find to be proper. But on the contrary it
will be shown that petitioners in their writings did not consider anything but
that the common prosperity and the desire for peace in New Netherland might
again be restored, and that the inhuman cruelties, tryanny and evil government
(which in that country from time to time have been inflicted by the officers of
the West India Company especially by Director Kieft upon the inhabitants of
New Netherland) might be stopped. As a consequence of these barbaric
proceedings the entire government of that country has been erupted the
householders chased away, their lands laid waste, the farms and plantations to
the number of fifty or sixty burnt and reduced to cinders. And, worst of all, the
the name of the Netherland nation, on account of the cruel acts is most
thoroughly detested by the Heathens of that country. And then when the poor
inhabitants complained about these and other harsh proceedings to the High
Sovereign Government, they were, by the Director, chased out of the country,
in such a manner that in course of time the country was denuded of the Dutch
inhabitants, and at present there are found there little more than a hundred
males (excepting the private traders), and therefore it is to be feared that the
English (who arrived some years after the Dutch, and within fifteen years
increased to about fifty or sixty thousand souls in New England) and already
now have had a taste of the fruitfulness and also of the convenient navigable
rivers of our New Netherland, will in course of time attempt to become
masters of the same. On account whereof petitioners again cordially pray that
this aforesaid, and their humble petition may be considered by us, and they
may be granted their reasonable and just request, which has even been
promised by the Assembly of the XIX in their Freedoms of 1630 to all
Patroons and Free Residents. Considering which we order and command
you,
commissioning you by these presents, that at the request of the said petitioners
you summon in our behalf the aforesaid Director Stuyvesant and the members
of the New Netherland government before mentioned, besides all others; if
necessary to come and appear, or send attorneys, on an appropriate day,
before us here at the Hague, to maintain and defend the aforesaid sentences
and the tenor of the same or if they deem proper to renounce the same; to see
and to hear the same pronounced null, void and of no value and in
consequence modify and correct the same, as per law, if such be necessary;
to reply to such questioning as petitioners shall be inclined to put on the proper
day, in order, parties heard, petitioners may be granted by us such remedies
of Justice, and also of grace, if necessary, as shall be found requisite, and be
appropriate to the cause. Further forbidding and most rigorously ordering on
our behalf if need be on certain heavy penalty, the aforesaid defendants and all
others, that pending the case in appeal they do not act, attempt, nor innovate
anything against nor in prejudice of the same, nor of the said appellants; but in
case anything should have been done, attempted or innovated contrary to the
same, that immediately and without delay they repair the same, putting it in its
first and proper state. Leaving, in behalf of defendants, copy of the present
and of your service, relating to us on the said day what you shall have done in
this matter. Given at The Hague, on the twenty eighth of April, sixteen hundred
and forty eight.
Hieron: Eybenvt
By order of the above named Lords
States General Corn. Musch
1648.
Endorsed as follows: The States General of the United Netherlands, To all
who shall see or hear read this present,
greeting Make Known, that having paid attention to the later petition made to
us on this day in the name and on behalf of Jochim Pietersz Cuyter and
Cornelis Melyn our subjects, and residents of New Netherland, have
amplified, as we are amplifying by the present, the mandamus inscribed on the
other side of this present, in such a manner that the said mandamus may be
served not only by a messenger, marshall or Notary but by such other person,
whether official or private, as the said petitioners, either together or separately,
shall be able to acquire and agree upon. Ordering and commanding each and
every one whom it may in any way concern, exactly to regulate themselves in
conformity herewith, in every appearance as if the aforesaid amplification had
been verbally inserted in the aforesaid mandamus. Given in the Hague on the
Sixth of May, sixteen hundred forty eight.
J. Van Gentvt
By order of the above named Lords States General
Corn. Musch
[Translated from the Dutch]
[This Document without the above endorsement is printed in the "Documents
Relating to the Colonial History of the State of New York." Vol. I, p. 250-1.]
[Melyen vs. Van der Capellen]
The Hon. Lord Debit
1. By appraisal of arbitrators is to pay for the barn, rick, well,
palisades, etc. and guardhouse etc, the amount of guilders 1500
2. For 6 1/2 Morgen (13 Acres) of clear land guilders 650
3. For postrails, according to the decision of arbitrators " 171:8
4. For the Cattle, as per the Contract " 800
5. Also according to account as sent to His Honor on Sep.
18, 1651 for what I have advanced for His Honor's Farmers " 1395:3:8
Bill delivered this 15 December 1652, to Mr. Lubbartes Van
Dincklagen and Jabock Van Couwenhoven for advances
made to this date to the said farmers " 430:9 4948:0:8
[Melyen vs. Van der Capellen]
Credit
1. For as much as he has paid to me in Fatherland in 1650,
as appears in the Contract. guilders 1200
2. For two pairs of plough oxen, ordered in my account, sent
on September 18, 1651. " 400 guilders 1600
3. December 13, 1652, for an assignment drawn on the said
date to the charge of the said Lord " 600
guilders 2200
4. Balance of the present account
guilders 2748-8
guilders 4948-8
5. Note that the 280 wagon loads of manure have not
been considered in the account of the arbitrators but have
been left to the discretion of the Hon. Lord. by me
Cornelis Melyn.
This account is endorsed in English: L. Capelle acct wch he owes to Cornelius
Melyen.
[Though the account mentions neither the name of the debtor nor the locality
on account whereof the debts were contracted, it is evident that this is
Melyen's account with Baron Van der Capellen concerning the latter's colony
on Staten Island.]
[Power of Attorney to J. Schellinger]
[One line entirely destroyed]
. . . Melyn on her departure . . . declared to constitute and [half a line out] her
son in law Jacob Schellinger . . . to, in her prospective absence, the cattle
[out] her . . . are on the Staten Island, to have them as early as possible ferried
across, and to sell the same to her largest profit, to pay the debts resting on
the same, as well to Andries Pos, as those incurred in conveying the same and
other expenses, and as quickly as possible to send over the balance as per
verbal orders given concerning the same; and further generally in the above
case, to act and do in everything as she, the principal or her husband himself, if
present should and might do, even if further or more specific power might be
required than is here expressed. Promising to consider and to have considered
valid, binding and well done what her aforesaid attorney shall have done and
executed in the aforesaid matter. Binding her person and goods, provided that
the attorney, under equal bond, be held upon request to render account, proof
and reliqua of his receipts and disbursements. Thus granted and passed in the
presence of Caspar Steymets and Isaack Kip, as witnesses invited this April
6th 1656, at Amsterdam in New Netherland.
Janneken Melyen
witnesses|Casper Steinmets
Isack Kip
Known to me
Jacob Kip, Secretary.
To the Hon. Lords Managers of the privileged West India
Company at the Chamber of Amsterdam.
Makes Known with due reverence Cornelis Melyn Patroon of Staten Island;
that he petitioner in the year 1640, on July 2, obtained from your Honors
liberty to found in New Netherland, wherever he might think proper a colony
and that for this purpose he selected the said Staten Island, which selection
was approved by your Honors and entered in your Honors' Colonial registers,
as can be further seen by Act and Conditions of the same.
The petitioner, in extending and erecting his colony has sustained several
unexpected obstacles damages and great disasters: First, on August 13, 1640,
when he was going thither with people, cattle, goods and all implements
necessary for agriculture, he was taken by a Dunkirk frigate, on account
whereof he was prevented said year till Anno 1641, when through your help
and assistance he arrived with the ship "Den Eyckenboom" (The Oaktree) in New
Netherland on the said Statten Island with 41 persons. He immediately began to build
houses, to plough land, and to do everything conducive to establishing a good
colony, begrudging neither money nor labor. But thereupon a second
unexpected disaster took place owing to a war with the savages or aborigines,
commenced in New Netherland. My houses and farms and everything were
burnt my cattle besides some people were shot dead, so that I was obliged to
flee for the sake of saving my life, and to sojourn with wife and children at the
Menatans till the year 1647, when the new Director Petres Stuyvesant
proceeded very severely against the (8) Eight Men, one of whom was myself;
elected by the community, on account of two letters so written to your Honors
in the name of the poor ruined community treating of the cause of the war,
disasters and the consequences of the same, which letters had been read by
your Honors and returned to him Stuyvesant. As a consequence hereof I,
besides one Jochem Pietersen Cuyter were by said Stuyvesant banished from
New Netherland for a number of years, according to the sentence
pronounced regarding the same, and departed for Fatherland from New
Netherland with the ship The Princess Amelia in company with Director
Willem Kieft. However owing to mistakes and wrong calculations we entered
the "Verkeerde Canaal" (Bristol Channel) where during the night, the ship
went to pieces, many people were drowned, and after having floated hither
and thither at sea for about eighteen hours, the Lord be praised, I at last
reached land, where I found Jochem Pietersen Cuyter and some other people
and subsequently, after much trouble, arrived in the fatherland, where I
advised with Jochem Pietersen Cuyter about complaining to their High
Mightinesses of the unjust sentence pronounced, the violence and trouble
caused us by the Director in New Netherland, with request of Mandamus on
account of appeal, which was granted us, Herewith, in the year 1648, we
returned to New Netherland, in the hope, in the future to be permitted with
wife and children, peacefully to live on our lands.
But whereas said Director used every means to sustain his unjust
sentence, and the Secretary Cornelis Van Thienhooven (who most believe to
be the cause of all disasters and calamities fallen during his time upon New
Netherland) was by him sent to Fatherland to appear in his stead before their
High Mightinesses, I resolved also to go thither, besides some delegates of the
Community, in order to be present in cases which might concern me, but
mostly to look for means to restock my ruined Colony and again, if possible,
to retore the same, as my power and capital, owing to the said causes, had
been very much diminished. Consequently I received some money from good
friends, some of whom I have yet to pay, and futher, for the said purpose I
agreed on certain conditions with the Hon. Lord Hendrick Van der Capellen
to resell etc., about one-third share of my Colony on the Staten Island, which
upon contract he agrees at his expense to people with settlers, and to bring his
share up to condition, which he has demonstrated. Consequently about 70
strong and with fresh necessaries for agriculture I again set sail for New
Netherland, with the ship named the New Netherland Fortune. But whereas
we encountered very bad weather and unfavorable conditions, after much
trouble, many dangers and out of provisions and water, we at last arrived at
the Red Island, where we were obliged to provide ourselves with some
victuals and water, and therefore to exchange some merchandise. We
therewith arrived in New Netherland in front of the Staten Island where owing
to contrary wind and tides we cast anchor. The people belonging there,
joyfully went on land, thanking God for Having been freed from the water and
the ship. Meanwhile about sunset, Fiscal Van Dyck arrives on board with the
Sergeant and a few soldiers to guard the ship, so that no merchandise should
be discharged from the same. Thereafter we arrived at the Menatans,
expecting to be welcomed by the Director, as well as by the community and
all lovers of New Netherland and of the Company, owing to the arrival of the ship
and such a splendid multitude of country people consisting of farmers and farm
laborers, the like of whom, it was averred, had never yet been seen (to arrive)
in New Netherland. But on the contrary the Director began by manifesting his
old hatred and partisanship asserting first that at the Staten Island something
should have been discharged which looked like contraband; second that I
should have sold goods at the Red Island; third that one Casper Verlet, who
said to be part owner of the ship should have been deprived of his claimed
share in the ship and the merchandise; fourth, that I had too much encouraged
the skipper in his evil intent and further several allegations not worth while
enumerating here but which can be seen from the documents regarding the
same. Owing to these before enumerated causes he begins, through the fiscal,
to proceed very rigorously against ship and goods, attaches everything, arrests
my person guarding me well with soldiers; as a consequence my newly arrived
country people began to grumble, the desire for work, because I could not be
present there, they began to loose to my great damage and expense; the crew
were arrested, and thus were forced to make such declarations as pleased the
authorities; (which arrest) caused me great expense to the crew, and for the
ships repairs, up to the time when it pleased him to confiscate ship and goods
and to appropriate the same to his own use. Not stopping at this, but for the
purpose of absolutely ruining me, also my real estate being at the Menatans,
consisting of some houses and lots, was attached and sold to my great
damage under appearance of "rugrant" of the shipper and owners; so that
owing to these before related acts I have clearly perceived that for me there
was no security at the Menatans owing to these many arrests, citations,
summonses and molestations and I have resolved to quit the Menatans and,
thus Wronged and plundered, to join with wife and children my people in my
colony on Staten Island. And I left the Director at the Menatans with all his
proceedings to continue as he pleased without defending my just cause, as it
would not have done me any good anyway, and further intending to repair my
above mentioned losses, and attend to the support of my wife and children,
which has again been assiduously undertaken by myself and my people, and
commenced to cultivate the land which had been laying so long fallow to clear,
plow, sow, mow, thresh, make a harbor to build houses, racks, barns for the
purpose of lodging the people, and the cattle we were using, as an ornament
of New Netherland and an honor and credit to the Hon. Company and further
as an incentive and spur to all other country people as well villagers as
detached farmers, and even to those arriving from the Menatans itself, who
were surprised at the large crop of grain which had this year been produced
through our diligence; and there had been commenced sixteen handsome
farms as well by myself as by my children as also by the people taken along
by me for the Lord Van der Capelle and sent over by His Honor; which farms
were covered with twenty seven buildings; houses, racks and barns, each well
provided with cattle as well beautiful plow oxen, milch cows, as calves for
increase, so that every thing began to be abundant on Staten Island, and
through God's blessing I again began to recover my losses. But Director
Stuyvesant again became active, as if it appeared that my prosperity began to
trouble him. For when, in the year 1655, in August, he had received some
soldiers from Fatherland by the ship the Waech (Balance) Captain Frederick
De Cooninck, to sail with them on an expedition to the South River, he
dispatched said Cooninck with the Fiscal Cornelis Van Tienhoven and some
soldiers to the Staten Island for the purpose of fetching me; but being ignorant
of the same, about two or three hours before, I had gone in my boat to the
Menatans in order to attend to some business concerning my colony. The
Director Stuyvesant met me with some soldiers, and he immediately exclaimed
Take hold of Melyn, conduct him to the guard house and secure him well.
There I was incarcerated till the return from Staten Island of the
boat with the said Capt. Coninck and Fiscal Tienhoven. He thereupon
convened his council and the said Captain, has me brought before him, asks
me "where are the letters you have received from the Swedes?" which
sounded to me as strange as if I had been asked for letters from the great
Turck, and gave for answer not to know of any letters from the Swedes, nor
that I was expecting any. To this said Stuyvesant replied "you will soon be
taught to speak differently," and ordered the fiscal to have me conducted to
prison and to secure me well. I was there conducted and thrown in a dark
hole, and I was not to see nor to converse with any one. This lasted twenty
five days without a further hearing until the 16th of September when the
Savages set fire to all buildings around the Menatans, and killed and murdered
a large number of our people which at the Menatans and the whole country
[here three quarters of a line obliterated] interceding and running to and fro of
my wife and children as well as others, permitted me under certain conditions
to leave the hole. I then immediately departed for the Staten Island to see
whether I could save my people, houses and goods from the savages; but in
vain; for a few days later the savages arrived there in great numbers and
commenced to attack our people, to set fire to the houses, stacks, barns
mostly full of grain, so that the people were obliged to seek safety in my house
which they (the savages) also succeeded in setting afire. And when the cinders
began to fall down on us we were forced to leave it and obliged to break
through the savages to enable us to retire to another small house standing
close to the shore. Here we held out for some time longer, hoping meanwhile
to receive some assistance from the Menatans. But all in vain. At last the
savages called out to us that if we desired quarter they would grant the same
to us, whereupon we resolved as we saw no other refuge [here nearly an
entire line obliterated] because from among our number already 15 or 16
persons, among whom my son 22 years old, my son in law and two nephews
had been shot
dead, besides some wounded; and thus fifty one in number went into captivity
among the savages, where we remained during thirty one days until I had
raised a ransom of about 1,400 guilders for myself, wife, son and son in law,
which was to be paid if we did not want to be burnt alive in a fire which for
this purpose had been already prepared and was burning. Subsequently
arriving at the Menatans, as miserable as we well could be, we hoped to enjoy
some quiet after our sad imprisonment. But the day following there arrived at
my lodgings Secretary Van Reuven with a sergeant in command of soldiers
armed with firearms and sword, saying "Melyn the Director sends us hither
and lets you know that you must try to find more ransom, for the savages are
not yet satisfied," and forced me immediately to go in search of 60 or 70
guilders additional payment, if I did not want to be put in the former prison. It
appeared to me somewhat suspicious that the savages were so bold, and at
the Menatans, through the servants of the Company, dared to vex me yet
further; (it occurred to me) that the same might have been trumped up in order
to at once ruin me. I submit to your Honour's judgment after all that had
befallen me and I being in such a sorrowful and miserable condition, my
children and people murdered by the savages, the houses, racks, barns to the
number of 25, burnt, the people, cattle and farms destroyed, my goods stolen,
and in place thereof debts incurred for my ransom, and retaining the bitter
hatred of the Director, I have resolved to quit the Menatans, in order not to
perish absolutely with wife and children and for the time being to put myself
under the protection of the English; and consequently departed with my family
for New Haven, until I shall have found opportunity and means to pay for the
trip hither, Meanwhile making your Honors acquainted with my distress as
related heretofore, with humble request to sustain me in my just cause against
the aforesaid Petrus Stuyvesant regarding the evil acts and great damage
unjustly inflicted on me, and to assist me in regaining my own, in order with the
same means and your Honors' assistance to refound my ruined colony for the
third time, and to restore the same to its former condition.
Which doing etc.
Endorsed in English
The Remonstrance & Petition of Cornelius Melyen to ye West India
Company in Amsterdam Ano 1659.
[Translated from the Dutch]
Upon this thirteenth Day of June 1659 (???) Mr Cornelius Melyen (who untill
this time hath been Patron, & hath had Jus Patronatus of ye Colony of Staten
Island scituated in ye mouth of ye North River in New Netherland) for himself,
his heirs & Successors acknowledgeth to have bargained & agreed wth the
Lords ye Directors of ye privileged West India Company at their chamber
here in Amsterdam freely & most amicably by these presents (Vizt) That he
consenteth to desist deliver over, transfer & Transport all ye Pow'r, Authority,
Highness, Jurisdiction, preheminencies, prerogatives, Profitts, Emoluments,
Liberties, & exemptions belonging to him in quality of Patroon & belonged to
him until now in upon ye lands & Colony of ye sd. Staten Island with ye
following dependencies & appendencies thereof none excepted by him
procured, according to ye Resolutions, Acts, articles, freedoms & exemptions
& other instruments as likewise by ye letters of conveyance made over
especially unto him by Willm. Kieft Governor of New Netherland, & other
letters of concessions, which may have been granted concerning ye same,
none excepted, which he also agreeth to deliver up unto ye abovementioned
Chamber, as well here as in New Netherland as many as are yet in his
custody & possession
are made to cease Expressly upon ye following conditions. Vizt. That ye
abovementioned company & chamber shall in New Netherland make
restitution of all such Sum or Sums of money, which were produced from
certain his houseings & Lotts scituated & being upon ye Manhatans in New
Amsterdam neer ye ffort (which were sold by Governor Stuyvesandt by
Execution in behalf of Daniel Michiels master of ye Ship ye New Netherland's
Fortune) shall be restored to him again in New Netherland by sd. Company &
chamber for ye sd. Moneys or so much thereof as yet may be found to remain
wth ye sd. company.
And moreover that ye Just Sume of fifteen hundred gilders shall be forthwith
paid him, & likewise that he shall enjoy ye Freedome & exemption of ye
Custome both here & in New Netherland of ye value of about one thousand
gilders Stock of Merchandise, being necessary utensels for cultivating land &
permitted, wch he should think fitt to carry wth him into New Netherland.
As likewise that himself, his family & his people wth him shall be transported
over thither with their own ships or ships hired at ye charge of the company
according to ye Prsent use. Also that he for ye future as a free Coloneer &
inhabitant for himself & his Successors shall hold & possess as free & legal
estate, ye lands houses & lotts, which he hath there in ye sd. Colony, & hath
hitherto made use of & which he yet shall be able to improve (& by others not
possessed) they shall enjoy ye Succession thereof or by will, writings,
donation or gift, agreemt. or otherwise may dispose thereof, as according to
ye Articles of Privilege & Exemptions granted to Patroons & Coloneers. That
likewise his eldest son being capable (& ye sd. Colony having need of a
Schout, & one to be appointed thereupon) shall be preferred before any other
by ye aforesd. Company & Chamber. And Finally that by ye present
Governor Steuyvesandt shall be shewed & maintained a perfect Amnestia of
all Strifes, hatred & differences, which formerly may
have risen between them; as well in respect of ye Company as their own
private concerns; ye same hereby to remain forgiven & forgotten & for ye
future they to be good friends & to respect & acknowledge each other in his
quality & to demonstrate all resaonable Assistance. To ye performance of all
ye premises He Cornelius Melyen bindeth himself & his estate movable and
unmovable, present & future none excepted to ye Submission of ye Court of
Holland & all laws & Judges as well in New Netherland as herein this
Countrey--In Witness whereof this is underwritten by ye undernamed Lords
& Committe of ye West India Company thereunto authoriz'd by ye Lords
their fellow brethren on ye behalf of ye aforementiond company & chamber
by special Comission dated ye tenth of April last past, & by ye aforesd.
Cornelius Melyen at Amsterdam ye day & year aforesd. was underwritten &
signed. Edward Man as Direct. Abraham Wilmerdonck as Directr H:
Bontemantel as Directr Cornelius Melyen late Patroon of Staten Island in ye
presence of me as Notary, H: Schaef No. P.
It agreeth with ye original signed
agreement being in my Custody
In Witness
H: Shaef Noy Public
Examined this with ye Dutch
agreemt. & find it to be a
true translate to ye best of
my understanding as Witness
my hand
Jacob Leisler
Also by me
vera copia
George Turfry
Endorsed: A Copy of ye Translate of ye Agreement of Melyen wth ye West
India Company Examd Pr
Mr. Leisler
[This Document is printed in O'Callaghan's History of New Netherland. . .
Vol. 2, pages 575-6.]
To the Hon. Heeren Managers of the Privileged West India Company at the
Chamber of Amsterdam, and to the Hon. Commissioners appointed to
negotiate with Cornelis Melyen regarding his colony on the Staten Island, viz.
Mr. Edwaerd Man, Mr. Abram Wilmerdonck, Mr. Hans Bontemantel, as
Managers.
Hon. Gentlemen I trust that it is still fresh in your Honors' memory that, on
June 13, 1659, at Amsterdam, I most amicably agreed, covenanted and
contracted with your Honors, viz, in such a manner as can be seen from the
contract entered into on the said date; whereafter, with the ship The
Love byway of Curacoa, On March 5, 1660, I safely arrived with God's help in New
Netherland. I showed the said agreement and contract, besides your Honors'
good intentions to the Hon. Heer Stuyvesant, and verbally proposed to him
that I hoped and trusted that the same would be followed up and carried out
by his Honor. He answered in substance according to my best recollection,
that he would regulate himself according to the orders of the Hon. Heeren
Managers, his masters and principals. And a little time afterward I went to His
Honor, and informed him that for account of the said Company and Chamber
in New Netherland there shall be returned to me all such monies as have
proceeded of certain my house and lots, standing and situate on the Menatans
in New Amsterdam near the Fort, which, by Director Stuyvesant, by
execution levied in behalf of Daniel Migielse, skipper of the ship the New
Netherland Fortune have been sold, or as much of the monies as should yet
be in the hands of the Company; answers that the Hon. Company never has had
any monies produced by the sale. Here upon I requested His Honor to afford
me some information about where they were or who had received them, or
how to get at them. He refers me to Commissary Caerel Verbrugge in order
to obtain from him information and light regarding the same, who, after I had
several times petitioned, requested and accosted him, at last said and gave me
for answer that he had much sought after the same and had not succeeded in
finding it. With this I had to be satisfied until May 23, 1661, when the Director
General had bidden me to attend his meeting, as can be seen from the
attached copy of his resolution. Among other things we had several debates
concerning this matter also some debates and talks concerning the sale of
house and lots though it had not been expressed or mentioned in the
Resolution, as it appears that their Honors don't bother as much about this
matter as about other questions, contrary to their Honors favor and good
opinion. Arriving now to the second dispute in the contract, broached by
Director and Council: their Honors also grant me exemption from tolls, as well
here as in New Netherland on the amount of about one thousand guilders
capital, in merchandise, which I should import. Now the Hon. Lords in
addition to their aforesaid exemption have permitted about fifteen hundred
guilders' worth to follow me, in conformity with their verbal promise that a
couple hundred guilders difference would not matter, which has been actually
substantiated by your Honors. Will also show gratitude at occurring
occasions. Now upon arriving here I request to enjoy the same favor as at
Amsterdam, according to the tenor of the agreement. In opposition to this it is
argued that it is their Honors' opinion "exemption at Amsterdam but not in
New Netherland, Upon sending the goods again tolls must be paid." I answer
if it had not been the opinion of the Hon. Heeren Managers they would simply
have said "Here at Amsterdam," not "As well here as in New Netherland,"
from which it is plainly
to be understood: "In New Netherland as well exempt as at Amsterdam,"
where the Hon. Heeren have granted the freedom, and still so much more as
has been stated before. Thirdly His Honor and his Council dispute about
freight and passenger charges for myself and accompanying people, in this
manner in regard to this article: "And further that he and his family and
accompanying people with hired or owned vessels, shall be conveyed thither
by said Company, at the expense of the Hon. Company, in accorddance with
the present custom." This "present custom" is here by the Director and Council
understood: that the expense and passage charges are to be paid upon arriving
here. Answer, if this was the case it would have been unnecessary to have
made any condition regarding it, or to enter the same in a contract, and would
[my]self have sought means of conveyance or have agreed with the skipper.
Fourth, it is disputed and illy explained that which the Hon. Heeren opine
justly and in good faith, viz: that from now on as a free colonist and inhabitant
for himself and his descendants he shall have and hold as a free allodial
property the lands, houses and lots which in the said colony there he
possesses, and has hitherto occupied, and which he shall yet there take up
and, are not possessed by others, and shall enjoy the succession of the same
or may dispose of the same by will codicil, donation or gift, contract or
otherwise, as per the articles of Freedoms and Exemptions, was granted to
the patroons and colonists. Surely it is plain and visible, from the abovesaid
that it is not the Hon. Lords opinion and desire to take away from me the
liberal grant, made and conveyed to me in their Assembly of July 3, 1640, and
further on February 18 & 25, 1641, by which the before mentioned grant is
renewed. And further the groundbrief--being the conveyance--also expresses
the granting of the entire Staten Island as a consequence of the consent
mentioned above, signed by the Heer General Wilm Kieft, dated June 19,
1642. And whereas the contract states that I shall
surrender all letters and documents concerning the jurisdiction and what
appertains thereto, which I have also immediately done, requesting again a
new groundbrief of the lands of the Staten Island, in the manner as I
possessed and occupied the same heretofore, as can be seen by said Act and
Letters; this opinion of the Hon. Lords is thus explained by Director and
Council, if he was to remain in possession of the said entire Island, why then
had it been necessary to stipulate that he and his descendants should possess
and retain as free allodial good the lands, houses and lots he possesses on the
said Island and which up to the present he has occupied, and still shall be able
to occupy. This forsooth is to be surely and clearly understood that the Hon.
Lords let me keep that which thay have granted and given me, as was said
before. For it has been occupied nor expenses incurred for, by anybody else
but myself and those who received my permission. On the other hand if the
Hon. Lords were of opinion that I should not remain proprietor of the Island,
and their Honors had retained it to themselves to grant away, why then did the
Hon. Heeren have need to agree with heirs of the Hon. deceased Lord
Vander Capelle, whom, by contract, I ceded one third portion of the entire
Island, which still remains hypothecated (mortgaged) for my advanced
moneys. As also in what manner I have yet pointed out and promised and
agreed with many others about my lands, besides with the Hon. Heer Van der
Cappellen. But neither this nor several other clear proofs and arguments I
desire to produce for the Hon. Heeren but refer the Hon. Heeren to my
petition delivered in to the meeting--where on April 10, by resolution, the
above named gentlemen were appointed--from which can be seen the great
expenses, exceedingly hard work, great damage and difficulties, come to me
on account of the said entire Island. These gentlemen after having maturely
considered and discussed this entire matter, in accordance with your Honors'
wise and intelligent understanding shall conclude,
in every respect, that I deserve to be maintained in my just causes, which I
also hope and firmly trust shall thus be done by your Honors, and that
Director General Stuyvesant shall then be ordered by the high authority of the
Hon. Heeren Managers of the Chamber of Amsterdam, to let me peacebly
enjoy the perfect effect of the favor of the Hon. Lords' good intentions, so that
I, besides those who have yet remained and besides myself have saved their
lives from the savages, resolve again to take up our former lands and renew
our dwellings; and orders might be issued by your Honors that the means
towards this end should not be prevented and that I might be shown where I
can find the moneys of my sold houses and lots, which means would now also
be serviceable to me on the Staten Island, and give courage to my dispersed
people, who would gladly return to their lands, in order to put them in the
same good condition as before.
Endorsed in Dutch:
Copy of a letter of Cornelis Melyn to the Managers at Amsterdam,
concerning his opinion about the Contract entered into with the Gentlemen.
Endorsed in English:
A copy of a Letter of Cornelius Melyen to ye Committe & Lords of ye West
India Company at Amsterdam complaining of ye evil usage & bad exposition
of Governr Steuyvesant relating to ye Agreemt made about ye Title of
Goverm. upon ye Colony of Stat Isld.
[Translated from the Dutch]
Cornelius Melyen at ye desire of the Lords of the West India company at their
chamber in Amsterdam, declares what be knows concerning ye purchase of
Staten Island from
the Indians in New-Netherland, & what they receiv'd for ye payment of it,
Sayith that Anno 1640. (at which time ye aforesd. Lords had granted him
License to plant & manure his sd. Colony of Staten Island) he went to ye late
Governr Walter Vantwilder (then being at Amsterdam) of whom he amongst
other things Enquired into ye circumstances of ye purchace of Staten Island of
ye Indians, who answered him, that ye Island was bought & paid for by ye
Governr Minnewit, who immediately preceded him; He desired him (if he
could) to do him ye kindness of furnishing him with ye relation thereof in
writing, wch (at his request) he did, & gave him some days after a written
Copy taken out of ye purchac'd deed (or bill of Sale) which shew'd what pay
ye Indians receiv'd for sd, Island, vizt. Some Duffies Kittles, Axes, Hoes,
Wampum, Drilling Awls, Jews Harps, and diverse other small wares, which
were all particularizd, wch Bill of Sale was signed by diverse Indians &
remaind in his custody intill ye Dunkirkers took him, his Ship, people, Cattle &
all his writings-- The Year following arriving in New Netherland & being come
on Staten Island I (ye sd. Cornelius Melyen) caused ye Indians to be askt
whether they were not well recompenced by Minnewit for sd. Island, They
gave me for Answer, yt they had sold it to sd. Minnewit & were paid for it,
but that it was their custome, when a New Governr came to such a place, that
there should be a Gratuity given them; thereby to continue the friendship
between ye Indians & or nation, which I did to ye great content & Satisfaction
of them all--After this when I took out my Patent from Goverr Willm Kieft
pursuant to ye grant of ye aforesd. Lords, I desired that ye Indians might once
again be ask'd if they had yet any pretence to any Right upon Staten Island, or
could pretend to make any, which was done by ye Secretary Cornelius Van
Tienhooven, who could speak in ye Indian Dialect very well, whereupon they
answered that they were well satisfied & well agreed with me, & they (ye sd.
Indians), after that made no pretence till ye year 1649--at
which time I was in ye mind to go with my wife, children & people to live
upon sd. Island again. The Indians began then of to speak of buying ye Island
again; I then demonstrated to them ye aforesd. Sale & agreement, which they
acknowledged they knew very well, & that they did not speak of that, but
they supposed that ye Island by reason of ye war, by killing, burning & driving
us off, was become theirs again, and therefore thought that there must be a
new bargain made, which I wholly refused them & would neither give, nor
promise them any thing saying unto them, that which is sold, must remain sold
& that ye Dutch will not pay twice for any thing, which they have once bought,
but if they will once more have a small gift gratis to maintain good friendship as
had been done before I would give it them, whereunto (after mature
deliberation among themselves) they resolved; whereupon I gave them
amongst them all two Coats of Duffles containing Six Ells four fathom of
wampum, 5, or 6, little kittles, some awls & needles wherewith they were all
well satisfied & cryed unanimously (Keene, Keene, Keene orit nietap) i.e.
Thank you, Thank you, Thank you Good friend, and they were very well
satisfied until Lubbert Vant Dincklagen began to speak with ye Indians of
buying Staten Island again of them, who did it on purpose to find occasion to
write to ye Lord Capell to try whether under that Covert he might bring about
ye getting of some goods of ye sd. Lord into his hands to dispose thereof for
himself & to give little thereof to ye Indians for there is indeed nothing at all
due to them for by such means ye Indians would be induced often to make
outrages, that they might ev'ry now & then be paid again & not only to play
such Prancks upon Staten Island, but throout all New Netherland, where the
Lords of ye West India Company's Governmt. extendeth. I trust therefore that
ye honour'd Lords will not approve (or allow) of such bargains, in order to ye
preventing more mischiefs.
This is as much as I can write of Testifie of this matter
This done at Amsterdam ye 30th of Janry 1659--by me--Staten
Island is bought for ye use & acct of ye Honble Lords of ye West India
Company Augst ye 10. Anno 1630 by their Ministers.
Peter Minnewit
John Lampo
Peter Byleveldt
Reynier Harmenss:
Jacob Elberts Wissingh
Symon Derksen Pos.
of ye following Indians
Krahorat
Piearewach
Tamekap
Sackwewah
Tetemackwemama
Wissipoack
Wieromies
As appeares by ye Records of ye date abovesd.
Appeared before me William Bogardus Notary Publick in New-York,
admitted by ye Honble Francis Lovelace by his Royal highness James Duke of
York & Albany etc. Governr General of all his Territories in America &
before ye afternamed Witnesses; Yochem Beekman, aged about 49 years, &
Thomas Koninck aged about 55 years both inhabitants of this City at ye
request of Mr. Jacob Melyen, who verbally inste'd of a Solemn Oath attest &
declare, that now about 30 years since according to their best remembrance
being in service of ye West India Company as Souldiers, were present upon
Staten Island when ye former Sachems & owners of Staten Island aforesd.
had some difference wth sd. Melyens Father Cornelius Melyen about ye free
hunting upon ye aforesd. Island, which ye sd. Cornelius Melyen, conceives
that they parted with their right of at their Sale, & after some debates more ye
sd Jacob Melyen's Father referred it to Nichos Kartenz Noorman, who was
interpreter, when ye Sale of ye aforemention'd Isld. was made, & would make
it appear by him, wherewith ye Indians were satisfied, whereupon ye aforesd.
Nicho: Kartenz by sd. Jacob Melyen's Father was sent for to come to sd.
Staten Island, & ye aforesd. Sachems & owners were thereupon assembled
together, again, whereupon
ye aforesd. Nicho:s Kartenz (by sd. Jacob Melyen's Father's desire) related
unto them what pay they had received for that & for ye aforesd. Island, Vizt.
Some Duffles, Blanckets, Axes, Kittles, Wampum--Wherewith ye Indians
were convinced, who then declared that they could not well be without the
Liberty of Hunting & desired Earnestly to agree with ye sd. Melyens Father,
what they shall yearly contribute to him for it; whereupon then was agreed that
they should yearly contribute to him for it; whereupon then was agreed that
they should yearly contribute & deliver Tenn or Twelve Deer & some Turkeys
not remembring the Just Quantity, & ye Deponts further declare that they
were present & did so that some Deer for ye fulfilling ye promised
contribution were deliver'd to ye aforesd. Melyen's Father; concluding
herewith their Deposition & are ready in case of need & desired to confirm it
by Oath. This done at New York upon Manhatans Island in prsence of Henry
Williams, Baker, & Adolph Pieters, Carpenter as witnesses hereunto desired
who have signed unto these prsents wth me Notary Pubck underwritten June
27. Anno 1672 (???)
Agreeth wth ye Original, wch
Testifieth
W Bogardus Notay Pubck
Endorsed: Several Testimonies & writings relating to ye
Purchace of Staten Island
Extract from the Register of the Resolutions of the Hon.
Heer Director General and Councillors of New Netherland,
adopted in their Assembly on Monday May
23, 1661.
Invited to be present at the meeting, and standing inside, Cornelis Melyn; after
taking up the Contract entered into
by the Hon. Heeren Managers and the said Melyn in date of June 13, 1659, in
regard to Staten Island, said Melyn was asked whether he had in his
possession any papers and documents regarding said Island, and whether he
was prepared in conformity with said contract, to deliver the same to the
Director General and Councillors, and further to convey said Island in behalf
of the privileged West India Company at the Chamber of Amsterdam,
excepting the lands, houses and lots he is occupying or may be able to occupy
as per the said contract.
Whereto it was answered in substance by the said Cornelis Melyn that he was
ready to hand to the Director General & Council the papers and documents
concerning the same, in his possession, which he has also immediately done,
delivering the papers specified below, declaring to have no others concerning
the said island; in regard to the transfer and conveyance of the said island in
behalf of the Hon. Priv. West India Company (excepting the lands, houses
and lots he is occupying there etc.) said this had never been his opinion, but
only that he should grant, convey, cede and transfer all the power, authority,
rights, jurisdiction, preeminence, prerogatives, etc. belonging to him in his
quality as patroon of the said island; requested on the contrary since he had
now surrendered the deed granted to him for said island by the deceased
Heer Kieft, that he should again be granted a new deed for the ownership of
the said island.
It was answered if it had been the intention that he should remain possessed of
the said entire island why it should have been necessary to stipulate that for
himself and his heirs he shall hold and retain as a free allodial possession the
lands, houses and lots owned and up to now occupied by him, and which he
may yet be able to acquire etc.; and further if the entire island belongs to him,
what, then, the Heeren Managers have bought of the heirs of the Lord Van
Capelle, who have now also conveyed their right to the Hon. Company?
In regard to which said Cornelius Melyn acknowledged
having ceded and vacated one third of the said island to the Lord Capelle, but
that he even yet had large claims against the same; in regard to the two
remaining thirds, it had not been his opinion--as expressed before--to
renounce his ownership; but that it would be well to enquire how the Hon.
Heeren Managers understand the same.
Said Melyn was also informed that he had been charged for his own passage
and for that of the servants taken with him, just like others, carried over at the
expense of the Company, because it is stipulated in the said Contract that he
shall be conveyed with his family at the expense of the Company, as is at
present customary: which means that the advanced passage money be here
refunded. Said Melyn maintains, that it is his opinion and was also the opinion
of the Hon. Heeren Managers that he and his people were to be carried over
absolutely free of charge, without repaying the advanced moneys; also
because he was granted freedom of tolls on a thousand guilders principal, and
not having taken with him so large a principal (capital) from Holland he would
be permitted to deduct the balance here in paying duties or tolls.
After divers debates for and against it was resolved to send a copy of the
present to the Hon. Heeren Managers and not to proceed with this business,
until we shall have received further explanation regarding said contract of said
Heeren Managers.
Acted on the date written above.
The papers surrendered by Mr. Cornelis Melyn concerning Staten Island are
as follows:
A petition of Cornelis Melyn to the Hon. Heeren Managers, and disposition
on the same, by which he is permitted to found a colony on Staten Island and
he is acknowledged as Patroon, dated July 3, 1640.
A further petition of said Melyn to the Heeren Managers dated Feb. 18,
1641, presented after he had been taken by the
Duynkerckers, requesting leave to depart with wife, children, servants and
some cattle in Company's ships for New Netherland.
Two extracts of the resolution of the Hon. Heeren Managers dated 18th and
25th February, 1641, by which the afore said consent is renewed.
A groundbrief being the conveyance of Staten Island to Cornelis Melyn
granted in consequence of the consent mentioned above, signed by the Heer
General Willem Keift, dated June 19, 1642.
Agrees with the aforesaid Register,
C. V. Ruyven, Secretary.
Endorsed In the margin in English:
Govr Steuyvesant in Council, his Evil construction of ye agreemt of ye West
India Company & Melyen.
[Translated from the Dutch]
Extract from a Letter of the Hon. Heeren, Managers to the
Messrs. Director and Councillors of New Netherland,
dated Jan. 27, 1662.
Concerning the contention of Cornelis Melyn, that he surely did sell and
deliver to the Company the title and the right of patroonship of the Staten
Island, but not the lands themselves, we can not observe that the same can be
deduced from the contract entered into with him concerning the same, but
assured by the opposite, as there is entered, as your Honors have justly
remarked and argued against him, that from now on, as free colonist and
inhabitant, he shall have and hold for himself and his descendants as a free,
allodial possesion the lands, houses and lots he has in said colony
and has occupied hitherto and which he shall yet be able to occupy. Ergo not
the remaining lands which are laying fallow and uncultivated, so that the same
neither can or must be permitted to be questioned.
Agrees with the Letter mentioned above,
C. V. Ruyven.
Endorsed in Dutch:
Copy of a letter of the West India Company concerning the Staten Island.
Endorsed in English:
A Copy of a Letter of ye West India Company, wherein they Justifie
Steuyvesant's evil Construction.
[Translated from the Dutch]
June ye 4th 1668
Upon the Petition & Request of Mr Jacob Melyen That his Fathers interest
may be taken into consideration, upon ye settlement of Staten Island, The
Governor ordered it to be Entered upon Record that Care should then be had
of him, so farr, as that he shall be allotted a Convenient proportion of Land
upon ye said Island, In lieu of what was reserved by his Father, & promised
him by ye West India Company.
Extracted out of ye Records in ye
Office at Fort James in New
Yorke.
Matthias Nicolls, Secry
Endorsed: A Copy of a Record of or Interest upon Staten
Island ordered by Govr Richard Nickolls, being ye first
English Goverr
To the Hon. Very Respectable Lord Anthony Colve,
Governor General and the Lords High Councillors of
New Netherland.
Makes known with respectful humility Jacob Melyen, that his deceased father
has been proprietor of the Staten Island and has inhabitated and possessed
the same for many years, until he was surprised by a general war with the
savages, many of his children and farmers murdered, their houses and goods
burned and destroyed, on account of which great damage and ruin, and also
owing to the temporary danger of the savages, he was forced to suffer the said
island during some time to remain uninhabitated. Some little time afterward he
went to Amsterdam and there entered with the Hon. Heeren of the West India
Company into a contract, concerning the Patroonship and jurisdiction of the
said Island, provided he retained to himself, his heirs and successors all his
lands, according to the letter of the said contract, of which right your Honors'
petitioner's deceased father and his heirs have been deprived, partly owing to
lack of means, sickness and death of your Honors' petitioner's deceased
father, partly owing to the scattered residences, smallness of means and
immaturity of years and understanding of his heirs, and also partly owing to
various changes of government. However your Honors' petitioner having
made known his right to the aforesaid, to the first English Governor Colonel
Nicholls, the latter, before his departure, consented--and had registered by his
secretary in the minute book--that a considerable tract of land should be
surveyed for the heirs of said Melyen. The last acting governor, Loules
(Lovelace) also several times promised Your Honors' petitioner to permit him
to retain and enjoy the same. And about 8 or 10 days before his departure for
Hartfort he promised with many words that if God favored him he would have
measured for and confirmed to Your Honors' petitioner and friends a parcel of
land, situated between two branches of the Millriver, as also
the point to the West of the mill, stretching toward the Schoetters Island,
which point of land he, Governor Lovles, said he had intended to grant to his
brother Thomas Lovles, but desiring to make a reality our long deferred hope,
he would accommodate him [his brother] elsewhere. And whereas I now
understand of Thomas Lovles, that he petitions You, Hon. Very Respectable,
to be granted land there, and thus absolutely to deprive my aged mother and
her children of all hope ever to receive anything any more of our father's
inheritance, the island having been almost entirely apportioned to various
individuals.
In consideration of the great expenses and miseries suffered and experienced
on the island, therefore I find it my duty, in behalf of myself, wife and children,
as well as my brothers and sisters and their children. to pray You Hon. Very
Resp., very seriously and humbly that you be pleased to deny him Thomas
Lovles his desire to obtain any land there, but that you Hon. Very Resp. be
pleased to confirm the petitioner and friends in their right, that being delivered
through your Hon. Very Resp.'s authority from the English nation, they may
again live together in our calling, under our natural Authorities. In expectation
of Your Hon. Very Resp's favorable answer, remain Your Hon. Very Resp's
subject and servant,
Jacob Melyen
New Orange 1674, April 12/2
In the margin of the above petition was written in Dutch:
Fort Wm Hendr, Apr. 18, 1674.
The petitioners within fourteen days from date must produce whatever claim
they have on any land on Staten Island, or at least on the land granted to
Thomas Lovelace. Dated as above.
By order of the Hon. Heer Governor General and Councillors of New
Netherland. N. Bayard, Secretary.
Endorsed in English:
A petition to the Dutch govr Anthony Colve and his Consill:
Nickols Bayard, Sekretary.
In New Orange 1674: Apr 12/2
[Translated from the Dutch]
Extract from the Register of the Minutes of the Hon. Ld Governor General
and Councillors of New Netherland, held in Fort Willem Hendrick, on
October 12, 1674.
Received and read the petition of the children and heirs of the deceased
Cornelis Melyn, assisted by the guardians of the absent heirs of the said
estate, and besides the same delivering--in accordance with the order of 18
April last--the documents in proof of their right to Staten Island; requesting
that, in consideration of the same, they may be shown and granted in
ownership a parcel of woodland situated on Staten Island between the two
branches of the mill creek, with the point to the West of the said Mill,
stretching beyond Schutter's Island to a certain fresh river, running into the
country, with the valleys bounding on the same; calculating the same to be
about a farm for each child; offering at the same time to renounce any further
claims thay may have had on the said land; which petition having
been taken into consideration the Lord Governor & Councillors (after having
examined the produced documents) render the following decision:
The petitioners are granted for each child of the deceased Cornelis Melyn, on
the said land, a farm of thirty morgen [about 60 acres] amounting for the five
children together to one hundred and fifty morgens, provided none of said
lands, prior to this date have been granted [to others] and that thay shall be
cultivated by the petitioners as per the orders of the government; In regard to
the petitioners further request concerning said parcels of land, they are
permitted to have the same measured by the sworn surveyor and further
disposition shall be made after receipt of his report.
Agrees with the said Register,
N. Bayard, Secretary.
Endorsed in English: A Grant of ye Dutch Govorr Anthy Culve. In answer to
ye Petition of Jacob Melyen whereby he grants 5 Farms with Medows sutable
& comonages for ye same.
[Translated from the Dutch]
At a Council held at Fortt James in New Yorke the 22d Day
of May 1684.
Present
The Governor. &c.
The Petition of Jacob Meleyne in behalfe of himselfe his Brother and three
Sisters for a Confirmation of their Pretended Right to Land on Staten Island
being Read was Rejected the land being allready Pattented & Possessed
however the Governor said if he could show them any other Kindness he
would willingly do it.
By order In Council
J. Spragg Secry.
Endorsed: The governor's answer to the petition Relating Staten Island ye
Gouvr Thomas Dunghon Pr Secretary Sprage.
To his Excey Richard Earl of Bellomont, Capt. General & Governor in Chief
of his Majties Provinces of the Massachusetts Bay, New York, &c and of the
Territories thereon depending and Vice Admiral of the same.
The humble Petition of Jacob Melyen,
most humbly sheweth
That yor Petitioners Father Cornelius Melyen by vertue of a Grant from the
West India Company of Holland bearing date the Third of July 1640; was
Governr & Proprietr of Staten Island in the Province of New York & was
confirmed in the Governmt and Propriety thereof by Governr Kieft by a
Patent bearing date the 19th of June 1642 and was in the quiet Possession &
Enjoyment of the Governmt and Soyle of the sd Island as his rightfull
inheritance, until he with his people [were] driven from thence by the Indians in
the year 1643; and he was after that resettled thereon with diverse families, his
servants, until another quarril was made at New-Amsterdam (now New
York) with the Indians, Anno 1655 & were then cutt off upon Staten Island,
having about twenty psons slain, who were of sd Melyen's Children,
Nephews, Servants & Tenants. The Town consisting of
about forty houses, which were burnt, & the Goods made plunder off, & yor
petitioners sd father & mother & two sons with all those that survived were
taken into a barbarous Captivity by the heathen; Yor Excellcy's Petitir was
one of the Sons who was much wounded, but recovered not wthout great
difficulty. That his sd Father Cornelius Melyen upon some considerations did
afterwards, vzt June 13, 1659, Resign his Right of Governmt back to the sd.
West India Company of Holland upon sundry conditions, which were not all
by then observed; But he never alienated or sold his Right to the Lands of the
sd. Island or any part of his Estate there; but expressly reserved the same to
himself And His heirs &c for ever as may appear by the sd agreement
between the sd. West India Company & his sd Father, bearing date the 13th
Day of June 1659, and that upon the Delivery of the Governt of New York to
the English, One of the Articles of Agreement between the English & Dutch
Commissioners expressly confirms unto all the Dutch Inhabitants, that
continued there their freedome as Denizens and the Enjoyment of their Estates
as before; Yet he the sd Jacob Melyen hath been ever since by fraud &
Injustice denyed and hindred from the Enjoyment of his sd. Father's
Inheritance he being the Rightfull heir, & this notwithstanding he hath made
applican to ev'ry Governr that hath been sent thither by the Kings of England,
by which means he hath suffered much Damage; All which will plainly appear
to be true by the Records of New York, Copies of which have hitherto been
denyed the Supplicant.
Yor Petitior therefore being well assured of yor Excellcys great regard to
Impartial Justice most humbly Prays that Yor Excellcy will take his case into
Yor serious Consideran and permit him to take out of the Records copies of
such Instruments & Papers as are necessary to prove ye Truth of what he hath
before sett forth in order to Yor Lordship's more full Satisfacn That Yor Petitir
hath a Right to the Soyle of the sd Island & that he may be better enabled to
possess himself of the
same.
And Yor Petitir as in Duty bound will
ever pray etc.
Endorsed: Jacob Melyen's Petition to his Excellcy Richard Earl of Bellomont
etc.
Boston. Novembr 30th. 1698 [or 99]
A copy