Documentary History of the State of New York, Vol. III
Eut it gives us no small Concern to observe while the People of this Province are on their Part acting with all possible Moderation & Lenity towards tlie private Persons in that Province engaged in actions here that grow out of this publick Dispute, and this Province are suspending the Prosecution of such measures as they had publickiy resolved, only in Compliance w"' a Proposal of attempting a mutual Settlement of this Dispute made by his Hon'" the Lieut' Gov'' of Uic': Province, and from a Disposition to avoid every thing that might tend to hinder their Success, That at the same time, the Conduct of some of the Gentlemen in that Province is directly the Eeverse, & such as tends very much to prevent such Agreement.
The exorbitant Bail demanded by the Sherriff of tlie County of Albany from one Pain an Inhabitant on tlie Lands in Controversy, & now a Prisoner in Albany Goal, at the Suit of M» Livingstone for Trespass in Cutting Timber Trees on those Lands, & the Reason offered by the Sheriff for his requiring suck Bail, are equally extraordinary k surprising, For he refuses to accept Bail in tliat Action for less than JCIOOO lawful Money of New York, assigning this as his Rea-son therefor, viz' That the said Pain is suspected as liaving been concerned in a Riot committed there, when the said Pain has been never indicted or any way prosecuted therefor. And tlie Sherriff refusing to accept of Bail even in that extravagant Sum unless the Prisoner would first pay him the Cost incurred in that action to that time,