DEEDS, LAND, PAPERS ETC.

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The following transcripts from the public records at Kingston, New York and Albany are of value as records of the life and the struggles of these early colonists. The deeds from the Indians covering a large acreage, extending in the Meckheckemeck valley from Naponeck nearly to the Delaware, was made to others besides those named in the Caudebec patent. This was a cause of differences between owners of adjoining patents and led to disturbances between the Indians and the pioneers.

(1) Deed of lands from the Indians.

(2) Petition: Jacob Caudebec and others to Col. Benjamin Fletcher, Governor, for patent for 1200 acres at Waghkomack, which was granted October 14th, 1695.

(3) Petition: dated May 14th, 1697, of Thomas Swartod and others to Governor Fletcher for protection of their patent lands, etc.

(4) Petition dated October 18th, 1699, of Bernard Swartwout and others to Governor Fletcher for protection in the peaceable enjoyment of their lands.

(5) Deed dated February 12th, 1725, Jacob Codebec to his three eldest sons of his seventh interest in the Caudebec patent.

DEED FROM THE INDIANS.

Know all men by these presents that we Achparreny, Orreguan, Harmon Hekan, Tadepaa, Sansanan, Wackheeck, Toorakawa, Paghetenson, Koerderson, Tindemopigton, Namesjarout, Maberotgaroposon, Tonnespaam, Mossingsinck, Capiskeham Indians sendeth greeting. Whereas we the said Achparreny, Orreguan, Harmon Heckan, Tadepaa, etc., for and in consideration of fifty pounds current money, five gunns five blancoats five coats of strouds five coats of Duffels five laps five shirts five pistols five knives five axis five hats five pr of stockings five drawin knives five swords fifty pounds of powder two ancors Rum forty barrels of lead fifty needles fifty ailds fifty fishin hooks eight Barrolls strong beere and six fine coats to them in hand payd before the ensealing and delivery of these presents by Jacob Rutse, Gerrit Aartss, Jacob Aartss, Dan Honan, Coenraet Elmendorp, Thomas Swartwout Dick vanderburgh Anthony Swartwout Jacob Coddebeck Johannis Westphalen, Charles Westphalen, Simon Westphalen the widow of Thomas Quick Barnardus Swartwout Peter Guimair Elyas Und Cornelis Switts Hendrick Janson, Hendrick Decker Cornelius Clase, Cornelius De Duyster have bargained sold assigned and sett over unto said Jacob Rutse Gerrit Aartss, Jacob Aartss, Daniel Honan, Thomas Swartwout and the rest of the partners that have obtained a grant from his Excell. and council for Menissing Waggackemeck. All that certain tract or parcell of land, situate lying and being in the bounds of Menissing & Waggackemeck beginning at the west bound of the land called Naponach to a small run of water called by the indian name Assawagkemeek and soe alongst said run of water and the land of Hansjoor the indian.

To have and to hold the said tract of land unto the said Jacob Rutse Gerrit Aartss Dan Honan Thomas Swartwout and the rest of the partners as above s'd Theire heirs and assigns for ever The said Achparreny Orreguan, Hannon Hekan, Tadipaa & c doth the further covenant promise and engage to warrand and defend the said Jacob Rutse, Gerritt Aartss, Jacob Aartss, Daniel Honan, Thomas Swartwout and the rest of the partners for the said land against all manner of Indyans that shall claim the same.

In testimony whereof we have hereunto sett our hands

In Kingstowne this 8th day of June 1696. Achparreny, X his mark Orreguan, X his mark Harmon Hekan, X his mark Tadepaa, X his mark Sansanan, X his mark Wackheeck, X his mark Toorakawa, X his mark Paghetenson, X his mark Koerdereson, X his mark Tindemopigton, X his mark Namesjarout, X his mark Mabertogaroposon, X his mark Tonnespaam, X his mark Mossingsinck, X his mark Capiskeham, X his mark Signed in the presence of Roeloft Swartwout / Tonnespaam, X his mark W. D. Meyer / Paghetesson, X his mark In presence of Dirk Schopmoos Justice of peace A true Copy & c. J. Wottingham Clerk.

LAND PAPERS

In Office of Secretary of State at Albany. Vol. 2. Page 266:

Petition of Jacob Codeber Thomas Swart & others praying a patent for a tract of land in Ulster County being a part of a tract called Waghaghkemeck.

To Coll Benjamin Fletcher, General & Governor of New York & c.

Thomas Gumbl Jacob Coddeber, Thomas, Anthony & Barnardus Swartwout, James Tys David Jamisson

Showoth

That there is a . . . land called Waghaghkomock in Elster . . . the sixth first petitioners had a lyine on . . . hundred acres for the improvement but . . . uttssen & Company who has a poss . . . the Minissink fort so it is that . . . Waghkomeck is purchased of the indians . . . the first grant

Therefore . . . have a patent for the same to . . .ever as to oath (other?) un equal favor . . . so 1200 acres in the . . . most . . . under a mo . . . Ecell . . . and . . . pray . . . thony Swartwout . . . Paire Gumare . . . out . . . David Jamisson . . . eck . . . Thomas Swartwout.

(The ". . ." indicate that it is impossible to read the lines or make out the words on the original paper owing to its extreme age.)

LAND PAPERS

In Office of Secretary of State at Albany. Vol. 2. Page 235. May 14th, 1697:

Petition of Thomas Swartod & others to have Jacob Rutson & Company restrained from unlawfully obstructing them in perfecting their title to 1200 acros of land, lying at a certain place called by the indian Waghgaghemek.

Col. Benjamin Fletcher Captain in Chieffe of ye Province of New York and Provinces depending thereon Vice Admiral of ye same May 14th 1697 The humble petition of Thomas Swartwod Peter Gumard Anthony Swartod Bernard Swartod Eliashia & c James Codebecke I humbly sheweth

That your Excellenceys petitioners have ye favor of Liene or grant to purchase to ye quantity of 1200 acres of land in Elster County at a certain place called by ye indians Waghgagkemek, which your Excellys petrs have discovered at their great charges and travaille, That pursuant thereunto ye petrs have made an agreement with ye native proprietors for ye said land and have got ye boundry laid out by ye indians by sundry mark'd trees and have paid some part of ye consideration; but have not obtained a deed from ye indians who have agreed to perform and execute the same.

That some months afterwards Jacob Rutsen and company did obtain your excellencey's favor of a liene or grant for purchasing of . . . akers of land at ye Minissing distant from ye petitioners land.

That the said Jacob Rutsen and company have surreptitiously . . . persuaded them not to make the deed . . . your Excellys petrs humbly pray your excellency will give some directions to Jacob Rutsen and company not to place unlawful obstructions to the just proceedings of your excellys petitioners, there being vacant land enough to be purchased in ye said county, if not at the place which they did assigne in their petition to your excellency and for which ye have ye grant.

And your Excellency's petitioners in duty bound shall ever pray & c. J. Codebec.


Another patent was granted May 26th, 1697, to Arent Schuyler for 1000 acres of land. This included the lands in and about Port Jervis and extended up the Neversink Valley about half way to Huguenot.

Another patent (the Minisink Patent) was granted August 28th, 1704, and included all the lands in this vicinity not included in the preceding patents.

LAND PAPERS

At Albany. Vol. 2. Page 275. Oct. 18th, 1699

Petition of Barnardus Swartwout on behalf of himself & others, the owners of sundry lands at Waghahkemek, near Menissincks complaining ill-treatment by indians who were instigated to the same by Jacob Rutsen & company and praying that they may be protected in the peaceable enjoyment of their possessions.

To the Honble John Nasan Esq Leu Govonor & commander in chief of provice of New York & c and the Honble council of the land

The humble petition of Barnardus Swartwout in behalf of himself and copartners in a new Settlement at Waghahkowock now the Minissinks.

Showoth

That on the 14th day of October 1695 the petitioners had lycense to purchase 1200 acres of vacant land at a place called Waghaghkamock, which being understood by Col & Rutsen and others who were desirous of the same lands which the petitioners had by (charge?) and pains discovered found a petition to the Governor and Council afterwards, to wit: The 9th of January 1695-6 for a lysence to purchase 400 acres at great little Minissinks Under color of which lysense being upwards of 20 in number, by large gifts to the Indians and other indirect (works?) (debauches?) them to (bad?) faith to the petitioners, to sell the same lands to them, of which complaint was made to the Governor & Council, & an order thereupon granted that (it approving the petitioners lysense) was prior to the date of that of Rutsen & Compa. and the name of the place certain, and (still) it is of ill consequence to have indirect dealings with the Indians.

That Rutsen and company do desist from any pretensions to purchase the land mentioned in the lysense of the petitions upon penalty of answering the same. Upon which order afterwards to wit the 28th day of May 1696 Rutsen & company prays the Governor & council not to have ill thoughts of them, and allege that the land that the petitioners lay claim to by lysense is not called Waghgaghemeck which being ready and considered in Council, an order issued upon petitioners that Swartwout and company pursuant to their (wish?) should purchase 1200 acres at Waghgaghkemmack and afterwards the other company their 4000 acres. Notwithstanding all which though Rutsen & company ventured still privly to (soist?) with the indians and obstruct the lawful purchase until the middle of the year 1697, when the petitioners to obtain their rights (forms?) of them verbally (consutod?) to make a joint purchase with the other company which being done they thereupon on the 14th of Oct. 1697 obtained his (mahos?) patent for the 1200 acres and betook themselves to the improvement thereof (and?) (company?) to all right and the former orders without any patent or first giving (way?) to the petitioners peacably to enjoy their 1200 acres. Many of the other company (purpose?) appointed by and under them satt down upon the sd land forcibly that it being far from the other Christian settlement & mountain (whethr?) in the county of Elster or Orange the forests could not be removed by the indians that now Shely-irr-tin through months of Aug. and Sept. left and (devvey?) other times. The indians chiefly Asawanta Pindamnius, Karhkolano Sansa and Nashingloan with many others though pretended owners of the land to the petitioners unknown being stirred up freely by the s'd other company have fallen upon the s'd Barnardus Swartwout and his brother another partner and have beaten bruised and badly kicked so that of their lives they did really despair, and robbed plundered and carried away their goods haply and have destroyed their cattel, have (put fire?) often into their houses to burn them in which violent practices those other company, their wives came to look on and render the indians & (hindor?) from killing of them. But the men kept out of the wy which is of very pernicious ( . . . ) and may end in an Indian warr if life should be taken on any other part which your petitioners would strenuously avoid, and therefore humbly pray that said indians may be sent for and made to disclose who they are that put them upon this violence (sound?) prudent (vard?) be taken to prevent future mischief that such punishment may be enforced to their good.

That the quiet & peaceable possession of their estates to the end that justice & right may take place according to your honorable great wisdom and prudence. This ye petrs as in duty shall pray & c.

MORTGAGE—JACOB CODEBEC TO PETER GUYMARD.

To all Christian people to whom this present writing shall or may come.

Jacob Codebec of Wackackhameck in the county of ulster and province of New York sendeth greeting.

Now know ye that the said Jacob Codebec, for divers good causes and considerations him thereunto moving but more and especially for and in consideration of the sum of one hundred and seventy pounds currant money of the province of New York to him in hand paid before the ensealing and delivery of these presents by Peter Guymard of the same place. The receipt whereof he the said Jacob Codebec doth hereby acknowledge and thereof and therefrom and of and from every part & parcell therof doe acquitt exhonerate release and forever discharge the said Peter Guymard his heirs administrators and executors by these presents.

It Ave given granted bargained and sold released ratified and confirmed, and by these presents doe fully freely clearly and absolutely give grant bargain & sell release ratify and confirm unto the said Peter Guymard, his heirs & assignes for ever all that certain tract or parcell of land lying and being in Wachachkameck. Being the one just seventh part of the 1200 acres of land granted by patent to David Jamison Thos Swartwout, John Mattison and company by Gouvenour Benjamin Fletcher as by said patent may more fully and at large appear.

So have and to hold the said seventh part of the said 1200 acres of land with all and singular the priviledges the reditaments and appurtanences thereunto belonging or in any way appurtaining unto the said Peter Guymard his heirs and assigns and to the only proper use benefit and behoof of him the said Peter Guymard his heirs and assignes forever.

Provided always and upon this condition and it is the true intent and meaning of these presents that if the above named Jacob Codebec his heirs executors and administrators or assignes the just and full sum of 170 pounds current money aforesaid on or before the 14th day of February which will be in the year of our Lord 1729 with the yearly interest of 8 p cent per anum.

Then and in such case this present deed of bargains and sale to be utterly void and of none effect Otherwise to stand and abide in full force power and virtue. In testimony whereof I have hereunto put my hand and seal this 14th day of February in the 12th year of his magesties Reigne

Annaq Dom 1725/6 J. Codebec SS Sealed and delivered in the presence of us Jno Crooke Jun Joseph Wheeler Barnardus A C Swartwout, X his mark

Ulster Co. This is to certify that on the 16 day of Feb. in the 12th year of his magesties Reigne Annoq Dom 1725/6 appeared before me Abraham Gaasbeek Chambers Esq one of the judges of the inferior court of common pleas for said county.

Jno Crooke June one of the witnesses to this deed and being sworn on the Holy Evangelist declares that he saw the within named Jacob Codebec execute the same as his voluntary act and deed, and that he saw Joseph Wheeler & Barnardus Swartwout sign the same as witnesses and that he signed the same as a witness; and having carefully examined the same & finds no erarures nor interliniations in the same and allows the same to be entered on siad county Record.

vera Copia A Gaasbeek Chambers Gil Livingston Clk. From County Clerk's office Kingston.

DEED OF JACOB C. TO HIS SONS.

To all Christian People to whom this present writing shall or may come Jacob Codebec of Wagachkameck in the county of Ulster and Province of New York In America Sendeth Greeting Now know ye that the said Jacob Codebec for divers good causes and and considerations him thereunto moving, but more & especially for and in consideration of the sum of 170 pounds currant money of the province of New York to him in hand paid or secured to be paid by his three eldest children. That is to say the three eldest sons by name Benjamin William and Jacobus, the receipt whereof he the said Jacob Codebec doth hereby acknowledge and thereof and therefrom and of and from every part & parcell thereof doth acquit exhonerate release and forever discharge the said Benjamin William and Jacobus Codebec their heirs executors and administrators and every of them firmly by these presents have given granted bargained sold released ratified confirmed and by these presents doe fully freely clearly and absolutely give grant bargaine & sell release ratify & confirm unto the said Benjamin William & Jacobus Codebec their heirs and assignes for ever all that certain tract or parcell of land situate being and lying in the county of ulster at Wackachkemeck being one just seventh part of 1200 acres of land.

Said Jacob Codebec stands entitled (?) and possessor? by virtue of a patent from Governor Benjamin Fletcher. Relation thereunto had may more fully & at large appear.

So have & to hold said just seventh part of 1200 acres of land as it is devided & undivided with all and singular the appurtenances thereunto belonging or in any ways appurtaining unto them the said Benjamin William and Jacob Codebec their heirs and assignes and to the only proper use benefit and behoof of them the said Benjamin William & Jacob Codebec their heirs executors and administrators and assignes that whereas the said Jacob Codebec has mortgaged the above said land unto Peter Guymard the 14th inst for the consideration of the above said. Now if the above said Benjamin Codebec William Codebec and Jacob Codebec do pay and release said mortgage with the interest and what said land shall be balanced appraised by three men (indifferently chosen) to be worth more than said money Said Benjamin William & Jacob Codebec shall pay the releasing said mortgage and interest that that money or overplush shall be devided amongst all my natural children by name Benjamin William Jacobus Marytie Elsie Helena Abraham En Naomie In equal shares.

The said Benjamin William and Jacob paying the yearly quit due upon said lands then this deed of bargaine and saile to be in full power and virtue.

In testimony whereof the said Jacob Codebec has hereunto set his hand and affisced his seale this 15 day of February in the 12 year of his majesties Reigne Annoq Dom 1725/6.

The word (the 14th inst) was interhned between the 26th & 27th lines before execution of the presents.

J Codebec SS Sealed and delivered in the presence of us Joseph Wheeler Jno Crooke June Jacobus Swartwout Jr.

                                                                                                                                                                                                                                                                                                           

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