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Order to construct two dykes or highways along certain marshy lands at New Castle

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Whereas it has been ordered by Gov. Edm. Andross, Lieutenant General of all the Duke of York's dominions in America, that the marshland situated on the northside of New Castle on the Delaware River, belonging to Capt. John Carr, should be appraised by four impartial persons appointed by the Magistrates[1] they have therefore unanimously selected Mr. Pieter Aldericks, Mr. Johannes de Haes, Mr. Pieter Cock and Mr. Lars Andriessen, who after inspection judged the marshland to be of no value.[2]

Whereupon the aforesaid Magistrates met today and having decided that the Governor's order to construct a highway can not be carried out unless an outer-dike with sluices is first built along the water, they therefore order herewith that each and every male, who belongs to the district of New Castle, shall begin work next Monday on the aforesaid outer-dike and continue to work until the aforesaid outer-dike has been completed. They who work more than their share shall be paid for their extra work by those who neither work nor hire laborers. The inhabitants of New Castle shall work on it pro rata, head for head, just as much as the country people, or pay proportionally. Furthermore, it is so ordered that Martin Gerritsen, Pieter de Wit and Hendrick Sybrants shall be, by turns, officers and commanders of this project and construct the aforesaid dike ten feet wide at the bottom, five feet high and three feet wide at the top, providing it with well-made and strong sluices. The country people shall thereafter not be obligated to work on the aforesaid outer-dike or sluices (without being paid for it), but on the other hand, the inhabitants of New Castle shall from time to time be obligated to keep this outer-dike and sluice in repair under the condition that they shall also derive the profits from the aforesaid marshaland and have it as their own. The aforesaid Magistrates have also decided it to be in the public interest that the outer-dike, which runs along Mr Hans Block's marshland, should be repaired and strengthened. We therefore order herewith that the aforesaid dike, as the other, shall this time only be repaired and built up by each and every male who lives in the district and under the jurisdiction of New Castle, but that thereafter the aforesaid dike and sluice shall be maintained and from time to time kept in repair by the aforesaid Mr. Hans Block or his heirs.

The laborers shall be divided into three parties by the aforesaid three officers and each party shall be under the command of its officer and work for two days at the dike. Whosoever should refuse to come to work in his turn, or to send a laborer in his place, shall be obligated to pay immediately to the aforesaid officer the sum of ten guilders in sewant for each day missed.

All of the aforesaid work must be completed and finished to specifications within six weeks under penalty of defaulting three doubled payments which shall have to be advanced for it according to law. Thus done and publicized in New Castle this 4th of June anno 1675

Ed. Cantwell
H. Block
John Moll
Dirck Albertsen

[ Endorsed: ] No: 5 [      ] N. Castle the Courts order in relation to meadow and hy wayes[4]

Notes

See 20:64 for a copy of this order.
This document has suffered extensive damage in several places. Material in the damaged portions has been recovered from 20:71 which is a contemporary copy of this document. Other translation in NYCD 12:530.
A portion of the document is torn away below the signatures. There is an indication that several signatures have been lost, although 20:71 lists only the four names given above.
20:71 carries the endorsement: No. 10 Order of the Court to make a dike etc, for a Hye Way. Both endorsements are written in English in the hand of Matthias Nicolls.

References

Translation: Gehring, C. trans./ed., New York Historical Manuscripts: Dutch, Vols. 20-21, Delaware Papers: English Period, 1664-1682 (Baltimore: Genealogical Publishing Co., Inc.: 1981).A complete copy of this publication is available on the New Netherland Institute website.