Nathaniel Silvester delivering in an extract from his privileges, was ordered to exhibit the original. He said he had left it at home, whereupon the Register being referred to, 'twas found that the heirs of his late brother Constant and one Coll. Middelton, residing in England, were in like manner partners in his island, called Shelter Island, whose share must be confiscated to the behoof of the State; whereupon the aforesaid Nathaniel Silvester replied, that large sums of money were due him from said heirs of Constant Silvester. But after divers arguments pro and con., it was agreed that said Nathaniel Silvester shall pay to the government here the sum of five hundred pounds in this country's provisions for the interest of the heirs of Constantine Silvester and Thomas Middelton.
The following is the act of Confiscation of Shelter Island and the conveyance thereof to Nathaniel Silvester.
We, Cornelis Evertse the younger and Jacob Benckes, Commanders, with our adjoined Council of War from the fleet in the service of their High Mightinesses the Lords States-General of the United Netherlands and his Serene Highness the Prince of Orange, Greeting, make known that, in virtue of our commission from their High Mightinesses and his Serene Highness the Prince of Orange, we are authorized and empowered with our ships of war and entrusted military, to wage war and hostilely to inflict all possible loss and damage both by water and by land, on the Kings of England and France and their subjects, and if possible to take and conquer them and when conquered to confiscate, and to declare forfeited for the behoof of the said High and Mighty the Lords States-General of the United Netherlands and his Serene Highness the Prince of Orange, and furthermore to dispose thereof to the best advantage; We therefore pursuant to our aforesaid Commission, have endeavored to execute the same, to which end having by force of our arms lawfully taken and restored under the obedience of our aforesaid Lords and Masters, Fort James now called William Hendrik, with the city of New York now named New Orange, situate on the Island Manhatans, with all the lands, places and territories thereunto depending, as they were lately possessed by the subjects and in virtue of the commission of his Majesty of England under the patroonship of the Duke of York, among which lands and territories is also found a certain island known by the name of Shelter Island, situate east of Long Island, at present in the possession of Nathaniel Silvester, yet a part thereof belonging in real property to the heirs of Constant Silvester and Thomas Middeltowne residing in England and Barbados, being subjects and vassals of his said Majesty of England, and of a consequence equally open enemies of our Lords and Masters aforementioned, to whom in no wise can be granted the freedom accorded to all others our actual good subjects, who have willingly submitted themselves under our obedience, but agreeably to the customs and laws of all nations, the goods and effects of the said our enemies ought to be confiscated. Therefore have we, in virtue of our aforesaid commission, after having previously had mature deliberation with our Council of War on the subject, confiscated for their High Mightinesses the Lords States-General of the United Netherlands and his Serene Highness the Prince of Orange, all the right, property, action and claim which the aforesaid heirs of Constant Silvester and Thomas Middeltowne or any other persons, our lawful enemies have in the aforesaid island called Shelter Island, as we do hereby declare forfeited and confiscate their interest and property for the behoof of our Lords Masters with this understanding however, that in this confiscation are by no means included but on predetermined deliberation most expressly excluded whatever interest and right said Nathaniel Silvester hath to said island or other his real and personal goods, effects and furniture, negroes or whatever else is lawfully belonging to him within this government, as, because of his submission under our said Lords Masters their High Mightinesses the Lords States-General of the United Netherlands and his Serene Highness the Prince of Orange, equal protection is granted and allowed to him the same as to all others our good subjects.
Dated Fort Willem Hendrick, the 28th of August, 1673.
