ORIGIN AND HISTORY Ol- MANGES i» NEW YORK AND THK COUNTY OF WESTCHESI^ER. 49GG1 ORIGIN AND HISTORY OK MANORS IN THE PROVINCE OF NEW YORK AND IN THK COUNTY OF WESTCHESTER BY EDWARD FLOYD DE I.A^CEY '.'*•';•• ••'.. ' • • ft i»«r- •• • •. • •. NEW YORK: .' : • •'. •«. •• • • PREFATORY NOTE. Tins volume is a separatoly-printod chapter contributed to "Scliaris History of Westchester County. New York." Its subject, therefore, has been treated with reference to its being but a part of that large and hand.sonie work, and not as fully in every respect as it really merits, or as the writer would desire. It is sufficient, however, to give a general idea of a matter of histor> of which very little is known in America. %^ I "* CONTENTS. PARTS; PAOK 1. The Indian Owners op New Netueklani) anu Westch?:steb 31 2. How THE Indian Title vested successively in the Dutch West India Company, the British Crown, AND the Independent State op New York 35 3. The Dutch in New Netherland '. 37 4. The Colonization by the West India Comi-any 42 5. The Nature of the Dutch System of Government and Law established in New Netherland, and OF the Patroonships 57 fi. The Patroonship op Colen Donck fi6 7. The Capture of New Netherland from the Dutch, and the euectiox of the English Province of New York 73 .S. The English System under the Duke of York as Lord Proprietor ■ 78 '^. The Manors in New York, what they were not, and what they were 85 10. The Franchise:*, Privileges and Incidents of Manors in the Provinck of New York, and in the County of Westchester, and the Parishes in the IjAtteb 90 11. The Church of England Parochial Organization in Westchester County, and its Relations to THE Manors 99 12. The Manors and the County in their Mutual Relations, and the Origin and Formation of the Latter 108 13. The Manor of Cortlandt, its Origin, Special Franchises, Division, First Lord and His Family, Particular History and Topography 115 14. The Manor of Scarsdale, its Origin, Local History, Adjoining Patents, its First Lord and His Family, Division, and Topography 141 M ^J. 'K C' ■Mi!''- .,•■!• THE ORIGIN AND HISTORY OF MANORS IN NEW YORK AND IJST THE COUNTY OF WESTCHESTER. 1. The Indian Owners of We»tcherier. The Europeans who, it is certain, first beheld any part of what is now the County of Westchester, were Henry Hudson, and his mixed crew of Hollanders and Englishmen. They sailed uj) the great " River of the Mountains" in the yacht Half-Moon of Am- sterdam, flying the orange, white and blue flag of the United Provinces, on the thirteenth and fourteenth days of September, 1C09.' They were the earliest civilized men to gaze enrap- tured on the beautiful land of Westchester. They saw before all others, her lofty hills, rich valleys, and deep magnificent forests, glowing in the transparent air and warm sun of Autumn beneath the bright blue sky of America.- They sailed up the river as far as the site of Albany and then slowly returned. On the second of October, they anchored at the historic inlet of Spyt-den-Duy- vel, their progress being checked by a strong flood tide. Here, they first met the tawny, well formed, brown eyed, people, clad in skins and adorned with feathers, who then ruled over Westchester; and most unhappily as enemies. The cause was this. While still in the lower bay the Half-Moon, on the 9th of < Jnet'B Juiirnul of Hudnin't Voyage, I. N. Y. Hint. Hoc. Coll. Second Series, S'i.'i. The«o coluni were lho«« of Willlnm I , Prince of Orange— Nnnmii. The orange bar was changed to mi after the death of William II. in Ifl.W. As thns altered the Hag ol Holland conlluiies to this day. de Jonge, cited in I. Hrodliead, B'i.'i n. * That any earlier navigator sailcii up the Hutisvu, as has lately been atloged, Is, as yet, without siiRlclent proof. September, was threatened by some canoes full ol' savages. Hudson therefore detained two Indians as hostages, " putting red coats on them." Six days later, when she had got into the Highlands, the two Indians escaped through a poH and swam ashore. When she stopped at Spyt-den-Duy vel on her return, one of the escaped Indians, and others, in a canoe, with some more canoes of Indians, tried to board her. Being repelled, they made an' attack with bows and arrows, supported by about a hundred more Indians on shore. The fire-arms of the crew drove them off" with a loss of nine or ten killed.^ Such was the unfortunate beginning of the inter- course of white men with the Indians of Westchester. These Indians, as well as all the others with whom Hudson came in contact, belonged to a great aborigi- nal nation, or stock, termed the Lenni-Lenape. This was the name of that great confederacy of Indian tribes, which, as Heckewelder states, extended from the mouth of the Potomac iiortheastwardly to the shores of Massachusetts IJay, and the mountains of New Hampshire and Vermont, and westwardly to the Alleghi'.nies and the C'attskills,* and were afterwards known as the Uelawares. Beyond the Lenni-Lenape, still further to the northeast, and extending to the Gulf of St. Lawrence, and up the magnificent river of that name to the Great Lakes, was a second great na- tionality or confederacy of Indian tribes, that of the Hurons or Adirondacks, sometimes called the Algon- (juins. The term "Algonkin" or "Algonquin" is 9 Juet's Journal, I. N. Y. Hist. Sac. Coll., Second gerles, 324, 3U, 330. 4 Uoultou's UlFt. N. Y., 9r< and 220. HISTORY OF WESTCHESTER COUNTY. used, however, by many writers to describe all the aborigines east of the Mississippi and south of the St. Lawrence, from the singular and very striking fact, that but one language was spoken throughout this entire region which was styled the " Algonquin '' or " Algonkiu." All the Indians within these limits understood each other. There were only compara- tively slight local variations. They required no in- terpreters, except to communicate with white men. West and northwest of the Leniii-Lenape, extend- A SUSlirEHAXNA Oil DEI.AWAlti; CHIKF. (From Hnilth'a " History of Virjilnlu.") ing from the western slopes of the Cattskills and the Helderbergs south of the Mohawk, and north of it, from the banks of the upper Hudson and the waters of Champlain to the shores of Lake Erie, and thence through the region south of that lake to the Missis- sippi, was the dominion of the third, and, perhaps, the most famous of the three great nationalities or races of confederated Indians, the Five (and later Six), Na- tions or Iroquois, and their affiliated tribes. These were the three great stocks of aborigines, who were in possession of North America from the Poto- mac and Ohio on the south, to Canada on the north, and from the Atlantic Ocean on the east, to the Fath- er of Waters on the west, at the time of Hudson's discovery of the great bay of New York and the mag- nificent river which bears his name. Each of these three confederacies embraceil numer- ous distinct tribes, sub-tribes, and smaller tribal di- visions, or cantons, and chieftaincies, all having sep- arate names, but united more or less closely by the bond of a common origin. Each tribe, or sub-tribe, possessed its own locality and specific region as its own property, which was never lost, except by volun- tary migration or by conquest. There also existed a distinguishing characteristic of a different nature in all these great Indian confed- erations. This was the clan or fand'y distinction. Each confederaty was divided into tribes, families, or clans, designated by the name of some living creature, which they called their totem, or badge, the represen- tation of which was painted upon their persons and upon their lodges. This tie, as members of the same confederacy, or even of the same totemic family, was not of itself sufficient to prevent them warring with each other in all ca-ses. Like more civilized people they took up the hatchet against a tribe of the same stock, if occasion arose, as freely as against an enemy of another race. Conflicting claims to lauds, dis- puted boundaries, and the rivalries of neighborhoods, not unfrequently gave rise to enmities and wars. Thus in 1609, the tribes on the western side of the bay of New York and the lower Hudson, and those on the eastern side, were bitter enemies,' although all were tribes and sub-tribes of the Lenni-Lenape or Dela- ware stock. Among the Lenni-Lenape there were but three clans or families, designated from their totems or badges, as the Unamis, or Turtle (or Tortoise) clan, the Unalachtgo or Turkey, and the Minsi or Wolf, clans,' to one, or the other of which, belonged every tribe or minor sub-division of the Delaware stock. ' The tribes east of the Hudson, and all the sea coast tribes on both sides of Long Island Sound belonged to the Turkey clan, the tribes between the Hudson and the Alleghanies to the Minsi (sometimes termed Moncey) or Wolf clan, and those on the Lower Dela- ware, Lower Suscjuehanna, and Potomac to that of the Turtle (or Tortoise) clan. The first writer on New Nethcrland, was Johan (John) de Laet, a learned num, a native of Antwerp, but a resident of the city of Leyden. He wrote iu 1(>22, and first published in 1625, sixteen years only afler the discovery, through the Elzevirs at Leyden a "History of the New World," which contains the first historical account of what is now New York. He was a director of the Dutch West India Company, subsequently one of the first patroons of New Nether- 1 Da Uet'j New World, I. N. Y. HIrt. 8ocli!ty'« Coll.. 2il SariM, 2»T. « RtiUenlier'i Hist. lUver Indians, 47. Moulton !II»t., N. V., :I6. THE ORIGIN AND HISTORY OF THE MANORS. 33 land, and a personal friend of Hudson, whose private journal, as he tells us, he had before him when he wrote and from which, the extracts in his pages, are all that exist of Hudson's own account of his great discovery. At that time, dc Laet says, the Indians on the west side of the Bay and River were called " Sankhicanni" or Sanhicans, and those on the east, " Mahicanni," or Maliicans, Mohicans, or Mohegans" the latter being Connecticut spelling of the word' The Dutch termed them " Miihiknnder/i," and the natives on both sides of the Hudson collectively, the " River Indians." The Dutch word, however in gen- eral use, when speaking or writing of them was, " the Wilden," literally the wild men, or the savages. The Long Island Indians the Dutch called Matouwacks. They were Mohicans and were divided into twelve or thirteen sub-tribes or chieftaincies. All bore differ- ent names and possessed distinct, and dill'erent, localities. The ruling tribe were the Montauks who jjossessed the eastern extremity of the island. They owed their supremacy to the abundance of clams in their waters, from the shells of which they made the seawnnt or Indian money. This great abundance of the clam-shells ena- bled them to supply the Indians of all tribes westward almost to the great lakes with seuwant, and thus Montauk became the seat of financial j)ower, not only of Long Island, but of a region larger even than the Dutch Province of New Nether- land. All the natives of the main between tlie Hudson and the Connecticut, from the Sound on the south to the Green, and the White, mountains on the north, were Mohicans, and their great council lire was established on the Ihid.son, in the present town of Grcenbush, nearly op|)ositc Al- bany. The name of the Hudson was " Muhknnuitnck" or Itiver of the Maliic- ans; just a.s the Delaware was called liy them "Lenape-vlii-ki-tiick," or the rapid river of the Lcnape; on the right bank of which, near where Pliiladeli)liia was afterward built, was the |)bice of the Great Council Fire of the Lenni-Leim|)e confederacy.' The InKpiois name of the Hudson, according to John R. BIcccker, tiie old Indian interpreter and sur- veyor of the middle and latter part of the last centurv, was "Caiiotatca."' .Judge Egbert Henson in his "Memoir" says, on the authority of a Palatine set- tler on Livingston manor, that the Hudson wati also called "Shatemuc" by the Indian.^ of that locality." > MutiUiin. M niiil:ir>. ■' I. N. Y. Ilisl. ('till., 2, :t. •' MeiiKiir, N. V. lll«t. Sue. Coll., II. Bi'iios, vol. 2, p. SS. The Indians of Weslv-hester County were therefore Mahicans, or Mohicans, as it is easier to call them, of the Turkey tribe or clan of the Lenni-Lenape, or Delawar., stock of North American aborigines. They were divided into several sub-tribes, cantons, or chieftaincies, each ruled by a Sacchiina, as the Dutch called the title, or Sagamore, or Sachem, and owning its own specific location. Upon the island of .Niw York, and in Westchester west of the Bronx, and as far north as Yonkers, were seated the Manahatas, as dt Laet calls them, or the Manhattans ; those of them in Westchester were also DKL.VWAIii: INDIAN I'A.MII.Y. (From Citinpanfus' ''New .SwtnUii).") termed the Reckewacks, or Reckgawawancks, their territory, Keskeskick, and their chief village, Nap- peckamak, was situated on the Nepperhaein, now Neperan, or Sawmill river, where it flows into the Hudson, the site of the present city of Yonkers.* The next tribe were the Wickijuaeskecks, or Wickcjuaes- gecks, or Wickerschreecks, so called from their village of that name which De Vries, writing in 1640, thus describes, — " Opposite Tappacn ia a place called Wickquaesgeck. This land is also fit for corn, but too stony and sandy. We got there good masts. The * Kut " iihor, 78. II. Col. Hist. N. Y., 2nil Soiifs, 5. 31 HISTORY OF WE^TCHKSTER COUNTY. land 18 mountainous." This " place " was the site if the present village of Dobbs Ferry. A few mil^s further up the Hudson was another town of the same tribe called Alipconck, or place of Elms, now Tarr '- town. This tribe seems to have held the centre of f le County from the lands of the Siwanoys on the east ;o the Hudson on the west. Adjoining them on the norih were the Sint-sinks possessing two villages, Ossingsiiig now Sing-Sing, and Kestabuinck, the latter of which was inland and a little south of the Croton river. From the Kicktawanc, or Croton, extending up the river to Anthony's Nose, and what is now the north line of the County, dwelt the Kicktawancks, or Kitchawongs, whose chief village was just above the mouth of the Croton river, on the isthmus connecting Senasqua, or Teller's Point, with the main land, and near the old Van Cortlandt Manor House. East- wardly their lands appear to have extended to Con- necticut and the lands of the Siwanoys. The Indians in the northern part of the county were also called the Tankitekes, which seems to have been a general UKI.AWAKE INDIAN FORT. (From Cumpiinius' "Now Sweden.") name for all dwellings north of the Wickquaeskecks. These last were said by Tienhoven in 1651, to have extended east to the Sound, but this being in conflict with de Laet's account of 1624, is believed to be an error. From Hellgate along the Sound, including the whole eastern side of Westchester County, and Connecticut, as far as Norwalk and its islands, and inland to the valley of the Bronx and the head waters of the Croton, a single and numerous tribe possessed all the land. These were the Sewanoes, or Siwanoys, as de Laet writing in 1624, the earliest and most trustworthy authority on New Netherland history, distinctly states.' They had several towns in this territory, some of which were fortified. One of the latter occupied the beautiful height in the township of Westchester overlooking the Sound, on which still stands the old seat of the Wilkins family, which from it has always borne, and still bears, the name of "Castle Hill." A village, and also a burial-place, existed on Pelham Neck, another on Davenport's 1 De Uet'i Naw World, ch. VIII. Neck in New Rochelle, still another on Heath- cote Hill and Nelson's Hill, at the head of Jlam- aroneck Harbor. A fifth, and a very large one, was on the attractive banks of Rye Lake in the northern end of the town of Harrison. Besides these there were scattered collections of a few lodges in other places chiefly resorted to in the fishing and hunting seasons. One of these was at Throg's Point, another at the extreme point of Pelham Neck, another on de Lancey's Neck at the narrowest point at the mouth of the Harbour, where a imall creek running into the Harbour from the west, and a round field of upland adjacent to it, are still known as the Indian creek, and the Indian field, and the point itself as Indian Point. A fourth existed on Milton Neck, and a fifth on Manussing Island, both in the town of Rye. This account of the Westchester In- dians is based upon a study of de Laet, de Vries, Van der Donck, O'Callaghan, Brodhead, Moulton, Schoolcraft, Ruttenber, and an examination of many Indian deeds, and records of councils. From the Sakimas, Sagamores, or Sachems, of these various tribes, and some of their chief men and women, have come by deeds of conveyance the Indian titles to all the lands in Westchester County. There is no part of America of equal area, in which the Indian title was so fully and fairly extinguished. And none where in proportion to its size more Itiuian deeds have been given, preserved, and recorded. There was a peculiarity in the customs of the Indians in relation to sales of lands which should always be remembered, and to tiieir observance of which is to be ascribed the discredit sometimes attached to them in these matters. " Oh ! you are an Indian giver " is sometimes heard, expressive of the idea, of giving a thing and then taking it back, which has its origin in this custom. They sometimes sold and deeded the same land more than once, in whole, or in part. This was in pursuance of a custom which with them was a law. It is thus stated by Ruttenber in his " History of the River Indians," page 80. " Land" held by them were obtained by conceded original occupation or by conquest. If conquered original right ceased and vested in the conquerors ; if re-i'onquered, the title returned to its original owners. This rule they applied also to the sale of lands to the Dutch. [And to the English also.] As often as they sold to the latter and subsequently drove off the settlers, so often was re-purchase neces- sary, and if it wa.T not made, a cause of grievance and future war remained." It was in fact, nothing but the application of their idea of the right of eminent domain. Of course there were instances of fraudulent deeds by Indians who had no power or right to con- vey, or who were drawn into sales when intoxicated or prisoners by designing whites. And there were some where rival Sachems claimed and deeded the same lands to different parties ; but these exceptions were rare. THE ORIGIN AND HISTORY OF THE MANORS. 3A In Westchester County the Indian title was first extinguished by purchase from the Indians pursuant to a license from the Dutch or English authorities, then Manors and Grants, by patents were obtained in the manner directed by the Dutch or English laws. And usually in the case of the Manors and larger patents, deeds of confirmation were subsequently obtained from the Indians, merely as a matter of precaution, notwithstanding the fact that the Indian title had, pursuant to the laws both of the Dutch and the English, been always extinguished by deed or deeds beforehand. The North American Indians claimed that they sprung from the earth — that they were Antochthoni, produced from the earth itself, and hence they boasted their title to the lands could never be ques- tioned and was indefeasible. This belief was the underlying foundation of the many curious, grotesque, and absurd, accounts of their origin given by different tribes, and different writers at different times. This is not the place to discuss the origin of the Indians, nor any of the many theories that have been broached to account for it. But the belief above mentioned, in some form or other, always existed among themselves. Never was it more forcibly, or more eloquently expressed than by the great Tecumseh at the Council of Vincennes held by General Harrison, afterwards the ninth President of the United States, at that place in 1811. The chief of some tribes attended, to complain of a purchase of lands which had been made from the Kickapoos. The harshness of language used by Tecumseh in the course of the conference caused it to be broken up in confusion. In the progress of the long "talks," which took place, Tecumseh, having finished one of his speeches, looked around, but see- ing every one seated, while no seat was prepared for him, a momentary frown passed over his countenance. Instantly General Harrison ordered that a chair should be given him. Some person presented one, with a bow, saying, " Warrior your father General Harrison offers you a seat." Tecumseh's dark eyes flashed. "My father !" he exclaimed with indigna- tion, and extending his arm towards the heavens, burst forth "The Great Spirit is my father and the earth is my mother ; she feeds and clothes me, and I recline on her bosom."' 2. How the Indian Title vested successively in the Dutch West India Company, the liritish Crown, and the Independent State of New York. The nature and extent of the Indian ownership, and the foundation of the title to the domain of the State of New York were settled by the principles on these subjects very early adopted and carried into effect by the different European nations which di- 1 MoHlton's HIrt. N. Y., 27. vided between themselves this western world. These principles formed the basis of a conventional inter- national law which has been always observed in America. They define with precision, to whom the ! Indians could dispose of their rights to dominion and 1 to the soil, and to whom they could not. They have been laid down by Chancellor Kent and Chief Justice Marshall in the highest courts of this State and the United States.'' I These decisions are so admirably treated by Moul- I ton, in that most valuable fragment of bis "History I of New York " ' which is all that his early and la- mented death has left to us, that his statement a [ little abridged will be almost all that is necessary to t say on this subject here. I " Upon the discovery of this continent the great na- I tions of Euiope, eager to appropriate as much of it I as possible and conceiving that the character and re- ligion of its inhabitanta afforded an apology for con- sidering them as a people, over whom the superior DAVID PIETER8EN DE VKIE8. genius of Europe might claim an ascendancy, adopted, as by a common consent, this principle, — "First, that discovery gave title to the government, by whose subjects, or under whose authority it was made, against all other European governments, which title might be consummated by possession. Hence if the country be discovered and possessed by emigiants of an existing acknowledged government, the pos- session is deemed taken for the Nation, and title must be derived from the sovereign in whom the power to dispose of vacant territories is vested by law. "^Secondly, Ile.sulting from this principle was that ol the sole right of the discoverer to acquire the soil from the Natives, and establish settlements, either by pur- chase or by conoace of 1783, asserted, and maintained, a title to all the lands occupied by the Indians iu the British colonies in America, and tlie exclusive right of extinguishing their title by occupancy. These claims were carried to the line of the Mississippi by the terms of the treaty of 1783. Our title to a vast portion of the lands we hold originates in them. The United States therefore maintain the principle which has been received as the foundation of all European title in America." By the treaty of peace, in 1783, Great liritain relin- quished all claim not only to the government, but to the soil, and territorial rights, of the thirteen Colonies as claimed by the American negotiators of that treaty, the boundarias of which collectively were fixed by its second article. And by that treaty all the powers of that government and its right to the soil passed to the Thirteen States, not as a single Sovereignty, but as thirteen Independent Sovereignties. But neither theDeclarationof Independence, nor the Treaty, could give us more than we possessed by virtue of the for- mer, or to which Great Britain was before entitled. New York, four years before the Articles of Con- federation were adopted and became operative (which did not occur till March, 1781), adopted a constitu- tion, at Kingston, on the 20th day of April, 1777; by the 37th Article of which (since reincorporated in all the subsequent State Constitutions), contracts for lands with the Indians in this State are made void unless sanctioned by the Legislature, and such pur- chases are declared to be a penal offense by a subse- quent act of the Legislature; the object being the protection of the Indians in the possession of their lands. During her whole existence as a British Colony, a period of one hundred and nineteen years, New York was a lloyal Government, a Province indepen- dent in all respects except her allegiance to the British sovereign, whose representative was the .Royal Governor for the time being. As such representative the Governor granted by patent all the lands which were granted in the Province, except those previously granted liy, the prior Dutch government, the posses- sion of which by their owners was duly confirmed by the Artie''' of Capitulation under which the Dutch surrender of N(^w Netlierlaod was made in li!04. By the thirty-sixth article of the first State Consti- tution of 1777, all tliL-hi croun gi.Tits under, through, and by Provincial Governors, prior to October 14, 1775, were declared to be valid and incontestible, and were thereby confirmed. And this declaration and confirmation have been continued and adopte.l in all the succeeding constitutions of New York to the present time. Consequently a grant from the British Crown is the highest source of title in this State, and one which is irrefragable, and incapable of being affected adversely in any way by any legislative, or other, act of the State government, or any decision of any Court of this State, or of the United States. 8. The Dutch in Xeio yetherland. A brief statement of the dealings of the Dutch witli their newly discovered country, before its colon- ization was actually begun* is necessary to a right understanding of the principles upon which that colonization was undertaken, and of the system of government, and laws, which that great nation estab- lished, in New Netherland. And here let it be noted, that this name was New Netherhind, not Nev/ Netherlands, as so often, and so \vrnngly, printed, written, and spoken. " Niew Ned- eilandt" was the term in Dutch. Adding a final "s" to the English translation, and calling it New Netherlands, is simply a pure New England vulgar- ism, and an utterly erroneous translation of the true name. The Netherlands, in the plural, was the correct name in English of the United Provinces, from the fact that they consisted of seven Provinces, while Niew Netherlandt was but a single Province, not- withstanding its great extent, and hence was always spoken of, and written of, by the Dutch in the singu- lar number. The announcement of Hudson's great discovery did not produce rapid results. The extraordinary success of the P^ast India Company at that time and the enormous dividends it declared drew the general attention to the eastern, and not to the western world. A single vessel in KilO, the year after the return of the Half Moon, made a successful trading voyage to the "River of the Mountains," returning to Holland with a valuable cargo of peltries. Two Dutch navigators, Hendrick Christiaeusen, or Cor- stiaensen, and Adrian Block, chartering a vessel commanded by Captain Ryser, next made a voyage to the new region. In the early part of 1C13, Hendrick Corstiaensen, in the "Fortune," and Block, in the 38 HISTORY OF WESTCHESTEU COUNTY. Ti^er, sailed again to the Munhattaiia, and ex- plored the adjacent coasts and waters. Other vessels also visited th§ bay and river, and all returned with profitable cargoes of furs. No trouble was expe- rienced with the natives, who were ready and willing to exchange their skins for the novel and attractive goods of Europe. Block's vessel, the "Tiger," was accidentally burned in the Hay of New York in the autumn of 1613, and he therefore built another during the succeeding win- ter,' — the first ever constructed by white men in the waters of New York. It was a small yacht of only sixteen tons burden (English measure), which, with strange appropriateness, he named "the Onriial" — the Restless. In this yacht, in the summer of ltil4. Block sailed through Hellgate and explored Long Island Sound and the adjacent coast as far east as Cape Cod, discovering the Housatonic, and Connecticut rivers^ Narraganset Hay, and the island that still bears his name. He then first rscertained that Long Island was an island. The Connecticut river he awcendcd to a little above the present city of Hartford. He was the first European who sailed through the Sound, and the first white man who beheld the southern and eastern shores of Westchester County. Corstiaensen finally determined to remain at Man- hattan to extend the Indian trade. Turning over his own ship to Block, who left him the Onrust, the latter returned to Holland. Corstiaensen built two fortified trading-stations, one on an island below Albany, the other at the south end of Manhattan Island, and visited and traded with the Indians of all the neighboring tribes. Three other vessels, the Little Fox, the Nightingale and the Fortune, under Captains John de Witt, Rhys Volkertssen and Cornells Jacobsen May, respectively, visited the "River of the Mountains," exploring and trading with the natives, and those of the regions adjacent. This trade, thus begun, was so profitable that it induced thesn navigators, and the owners of their ships, to apply lo the States-General of the United Provinces for a grint of the sole privilege of trading with the new and pleasant land beyond the ocean. They presented a n. emorial to this effect, accompanied by the first map evtr "lade of the region of New Netherland — a "Carte Figuratif," as they styled it — to the States-General in the autumn of 1614. The application met their approval, and on the 11th of October, in the same year, that sovereign body made a grant to the petitioners of the privilege sought, to run for the term of three years, from the Ist of Jan- uary, IGl."). This grant is in the following words, and in it appears for the first time, as the name of the new region, the term "New Netherland." "The States-Geneual of the United Netherlands to all to whom these presents shall come, Greeting. II. Col. HlBt. N. Y., VI. I. O'CallaghairB Hist, of New Nether- land, 47. Whereas (Serrit Jacob/, Witsscn, antient Burgomaster of the City of Amsterdam, Jonas Witssen, Simon Morrissen, owners of the shi|i named the Little Fox, whereof Jan de Witt has been skipper ; Hans Hon- gers, I'aulus I'elgrom, Lambrecht van Tweenhuysen, owners of two ships named the Tiger and the For- tune, whereof Adriaen Block and Henrick Corstiaen- sen were skippers; Arnolt van Lybergen, Wessel Schenck, Hans Claessen and Barent Sweettsen, own- ers of the ship named the Nightingale, whereof Thys Volckertsen was skipper; Merchants of the aforesaid City of Amsterdam, and Pietcr Clementzen Brouwer, .Ian Clementzen Kies, and Conielis Volck- ertssen, Merchants of the City of Hoorn, owners of the ship named the Fortuyn, wherof Cornells JacobsHsn May was skipper ; all now associated in one company, have respectfully represented to us, that they, the petitioners, after great expenses and damages by loss of ships and other dangers, had, during the present year discovered and found, with the above-named five ships, certain New Lands situ- ate in America, between New France and Virginia, the seaooasis whereof lie between forty and fortyfive degrees of Latitude, and now called New Netherland : And whereas We did, in the month of March last, for the promotion and increa.He of commerce, cause to be published a certain General Consent and Charter, setting forth, that whosoever should thereatler dis- cover new havens, lands, places or passages, might frequent, or cause to be frequented, for four voyages, such newly discovered and found, j)lace8, passages, havens, or lands, to the exclusion of all others from visiting or frequenting the same from the United Netherlands, until the said first discoverers and find- ers shall, themselves, have completed the said four voyages, or caused the same to be done within the time prescribed for that purpose, under the penalties expressed in the said Octroy, &c., they request that we should accord to them due Act of the aforesaid Octroy in the usual form : " Which being considered, We therefore in Our As- sembly having heard the pertinent Report of the Pe- titioners, relative to the discoveries and findings of the said new Countries between the above-named limits and degrees, and also of their adventures, have consented and granted, and by these presents do con- sent and grant, to the said Petitioners now united into one company, that they shall be privileged exclusively to frequent, or cause to be visited, the above newly dis- covered lands, situate in America between New France and Virginia, whereof the seacoasts lie between the for- tieth and fortyfifth degrees of Latitude, now named New Netherland, as can be /seen by a Figurative Map hereun- to annexed, and that for four voyages within the term of three years, commencing the first of January, sixteen hundred and fifteen next ensuing, or sooner, without it being permitted to any other person from the United Netherlands, to sail to, navigate, or frequent the said newly discovered lands, havens, or places, either di- TlIK OUIOIN AND HISTORY OV THE MANORS. 39 rectly or indirectly, within the said three years, on pain of contiHcation of the vessel and Cargo where- with infrurtion hereof shall be atteni[)ted, and a fine of Fifty thousand Netherland Ducats for the benefit of the said discoverers or finders; provided, neverthe- less, that by these presents We do not intend to prejudice or diminish any of our former grants or charters; And it is Our intention, that if any disputes or ditlereiices arise from these our concessions they shall be decided by ourselves. " We therefore expressly command all (tovernors. Justices, Officers, Magistrates, and inhabitants, of the aforesaid United Countries, that they allow the said company peaceably and quietly to enjoy the whole benefit of this Our grant and consent, ceasing all con- tradictions and obstacles to the contrary. For such we have found to a|>pcrtain to the public service. Cfiven under our seal, paraph and signature of Our Secretary, at the Hague the xith of October, 1614.'" This exclusive charter expired by its terms on the first of January, 181H, and the company of merchants to whom it had been granted, — " the United New Netherlaiid Company " — as they styled themselves, applied for its renewal. This the States-General re- fused, having in contemplation to charter a great military and commercial company for the West Indies similar to the great organization of that nature then existing for the East Indies. The object in view in both was the same, namely, to establish a power, which could, at the same time, maintain profitable foreign trade, and carry on military and naval enter- prises against Spain, thus in both ways crippling their hereditary enemy. In the summer of 1618, Hendrick Eelkens and his partners, by special per- mission of the States-General, sent their ship, the " Scheldt " to the Manhattans for a single trading voyage. In 1619 Captain Cornells Jacobsen May, who had made the voyage, a few years before in com- mand of the " Fortune," sailed again in the ship " Glad Tidings," and explored the Bays of the Del- aware, and the Chesapeake. Returning in 1620, he and his owners applied to the States-General for a special charter in their favor, and Eelkens and his partners put in an opposing petition claiming such special charter for themselves on the ground of prior discovery. The States-General tried to compel these parties to settle their difterences, and unite their interests, and appointed a committee upon the sub- ject. This committee sat for several months endeav- oring, after hearing both sides, to eflect this object ; but finding it impossible, they so reported, and the States General refused to give either party the wished for prize. In less than seven months after this rejection, " the long pending question of a grand armed commercial organization was finally settled; and an ample charter, (bearing date the third day of June 1621) gave the AVest India Comj)any almost 1 1. Col. HUt. X. X. 11. unlimited powers to colonize, govern, •ud defend New Netherland." ' In the year 1619 Captain Thomas Dormer, a naviga- tor in the employment of Sir Ferdiuando Gorges, one of the leading corporators of the " Council of Plym- outh " (as the Company chartered by James I. in 1606, was styled) who terms him " a brave stout gen- tleman," was sent in command of a ship of two hundred tons on a voyage to Monhegan, an island on the Coast of Maine som<^ distance east of the Mouth of the Kennebec. On object of this voyage wu to obtain a cargo of fish, another was to return to his home Sciuaiito, one of the twenty-seven Massachu- setts Indians kidnapped, carried to Malaga in Spain, and sold as slaves, late in 1614, by Hunt, the master of one of the three vessels of Captain John Smith, which that famous explorer left behind him to com- plete her cargo on his departure from New England in July, 1614.' By the good efi()rts of some benevolent monks of Malaga many of the kidnapped Indians were rescued from slavery, and eventually found their way back to America. One of these was Squanto, who on reaching London, was sent by Mr. Slaney, merchant and treasurer of the Newfoundland Company to that island. There Dermer met him, on touching at the island on his way to England on a previous voyage, and carried him back to that country, as the easiest way of returning him to Nc"v England. On this, his next voyage he carried Squanto along with him. On arriving at Monhegan, and leaving his vessel there to obtain her cargo of fish, he took the ship's pin- nace, an open, undecked bo.it, of only five tons, and w" ^ Squanto and two or three sailors departed for the home of his Indian friend. The unhappy sav- ages so wickedly kidnapped by Hunt were natives of Patuxet on the coast of Massachusetts Bay and its neighborhood, S aped shipwreck at the north east of Cape Cod." Patuxet was the very phiee wiiere on the 2l8t of December, 1620, eighteen months later, the Pilgrims from Leyden landed from the Mayflower, and whit'h Captain .John .Smith six years before had called " Plymouth," a name which will ever be famous in New England history. Strange are the historic facts, that slaves were its first export, and those slaves Indians, that its first foreign visitors, after its dis- covery by Smith, were Frenchmen, the two redeemed by Dermer, who was the first to point out its advantages for a town, and that the coming there of the Pilgrims afterward was the merest accident of an accident, they having sailed for New Netherland. Dermer reached Monhcgan on his return, on the 23d of .lune, 1610, and after despatching his ship back to P'^ngland, prepared to sail on a voyage to Virginia in his pinnace. " I put," he says, " most of my ])rovisions aboard the .Sampson of t'aptain Ward, ready bound for Virginia from whence he came, taking no more into the pinnace than I thought might serve our turns, determining with (tod's help to search the coast along, and at Virginia to supply ourselves for a second discovery if the first failed." He then sailed along the coast to Virginia arriving there on the 8th of September, 1()19. Squanto terribly disappointed at finding all his people dead, remained with Dermer, till he touched on this second pinnace voyage, at iSawah-(iuatooke (an Indian town in the present township of Brewster on Cape Cod) " where," in Dermer's words, " he desiretl to stay with some of our savage friends." Subsequently Squanto, from the knowledge of English he had picked up' became of great assistance to the Pilgrims as an in- terpreter and his later career is well kuown. Dermer stopped at Martha's Vineyard, and thence as he says, shaped his voyage " as the coast led me till I came to the most westerly part where the coast began to fall away southerly. (This was the eastern entrance of Long Island Sound.) In my way I dis- covered land about thirty leagues in length hereto- fore taken for main, where I feared I had been em- bayed, but by the help of an Indian I got to sea again, through many crooked and straight passages. I let pass many accidents in this journey occasioned by treachery, where we were twice compelled to go together by the ears ; once the savages had great advantage of us in a strait, not above a bow-shot, [wide], and where a great multitude of Indialis let fly at us from the bank ; but it pleased God to make us victors. Near unto this we found a most danger- ous cataract amongst small, rocky islands, occasioned by two unequal tideg, the one ebbing and flowing two hours before the other." This was Hcllgate, and the place were the Indians " let Hy " at them was in the neighborhood of Throg's Pf)int. Such was the voy- age of the first Englishman who ever sailed through Long Island .'^ound, and the first who ever beheld the southern and eastern shores of Westchester County. This was five years after the Dutch skipper HInck had sailed through the same .Sound from the Man- hattans, and ten years after Hudson's discovery of " the (ireat River of the Mountains." Very singular it is, that fights with the Indians, both, on the Hud- son, and on the Sound, and at points nearly ojiposite each other, were the beginning of civilisation in Westchester County ; and that the first was with the Dutch ancl the second with the English, the two races of whites, which, in succession, ruled that county, and the Province and State of New York.' Dermer spent the succeeding winter (1619-20) in Virginia, went back to New England the next sum- mer, again visited Plymouth in Juui and described its advantages for a town settlement in his letter of the 30th of that month, went again to Virginia, and there died. On this return voyage from Virginia, Dermer, in the words of the " Hrief Relation " of the Plymouth Com])any's ]>roceedings from 1607 to 1622, "met with certain Hollanders, who had a trade in Hudson's liver some years before that time, with wh(un he had a conference about the state of that coast, and their proceedings with those people, whose answer gave him good content." This visit of Dermer to " certain Hollanders " was the first visit of an Englishman to Manhattan Island, and he Wiut the first man of that race who trod its soil. Hudson never landed on the island, and they who first did so, and those whom Dermer found there, were Dutchmen. This voyage, however, w.as the bnsis of one of the most famous myths of American and New York history. Twenty-nine years after Dermer's visit, in the year 1648, there appeared in England a pamphlet, under the nom de plume of " Beauehamp Plantagenet, Esq.," entitled, " A Description of the Province of New Albion," in which it is stated, that Capt. Samuel Argall, on his return to Virginia from Acadia in 1613, " landed at Manhatas Isle, in Hud- son's river, where they found four houses built, and a pretended Dutch (lovernor under the West India Company of Amsterdam," and that he (Argall) forced the Dutch to submit themselves to the King of Eng- land and to the government of Virginia.' This story, often and often repeated, is not sup- ported by any official document of the English, Virginia, or Dutch governments yet discovered to this day, and is believed by modern scholars to have been ' Tills letter of Dermer reprinted from Purclias with a learnnil preface, Is In I. N. Y. Hist. Soc. Coll. 2.1 Series, 343. Also in 20 Mass. Hist. Coll., p. 63. » I. N. T. Hlit. Soc. Coll., 2il Series, 3,35. THE ORIGIN AND HISTORV OF THE MANORS. 41 buii,'il by " Pluntugeiiet '■ on Dermer's iiucoiint of his voyuges, iidinewhiit dres^id up. I" I'H.'J the Dutch \\\»l India Coniimny hud not only not been iu(.or|)()- rutt'd. but it wiw not lonnL-d till l(i21. Thiit eminent Aniericun historieiii scliolur, the late Jlon. Henry C. JIurphy of Brooklyn, a groat lawyer, u practieed wtjiti'Huiiin, in the Dutch language i)rot'()undly nkillud, iind who had been minister to Holland, alter a thorough investigation of this story of ArguH's visit, placed in a note to his translation of Van der Donek'a " Vertoogh," or " Representation," of New Nether- luad, published in 1S49, the following emphatic opinion, — " This story is a pure fiction, niisustained by any good authority — though some writers have heaped up citations on the subject— and as fully sus- cejitible of disproof as any statement of that character at that early period can be." ' It is clear that from Hudson's Discovery to the chartering of the West India Company the Dutch considered New Netherland as a colony for commer- cial purposes only, and maintained it sitnply for the priilits of the fur trade with the Indians. Its true colonization, as a land to be settled by their own people, for its agricultural and other resources, and as a possible market for the productions of Holland, was gradually forced upon them by their cKjicriunce of its constantly increasing value, and pleasant, and pro- ductive, cliniate and soil. The first step in this direction was the chartering of the West India Company by the .States (icneral of the United Netherlands on the third of June 1G21. Such an organization as an aimed military trading com- pany to Africa and Virginia, was suggested by William Usselinx, a merchant of Antwerp, in lOuC, as a means of aiding the Guvernment in the war with Spain, then raging. Some preliminary measures were taken, but before any practicable ones could be adopted, the truce of 1G09 Wiis agreed upon for the term of twelve years, and the scheme I'ell to the ground. The charter of 1621 was not put into immediate operation, but was held for further consideration and discussion, during the next two years. Finally the interests of all parties were harmonized, certain amplifications and amendments were fully agreed upon, and were embodied in an "ordinance" of the States-General, which passed the seals on the 21st of June 1G23, containing twelve "Articles," and which closes in the^c words : — " We having examined Jind considered the aforesaid articles, and being desirous to promote unity and con- cord between the directors and principal adventurers, and the advancement of the West India Company, have with the advice of the Prince of Orange,'^ thought fit to agree to, and approve of, and do hereby agree • II. N. Y. Hist. Soo. Coll., 2il Series, 320 ; see also I. Brodhead, 51, aixl note E., p. 7>'>4. 3 Prince M»uric«. to, and approve thereof, and direct that the same shall be punctually attended to and observed, by the direc- tors, members, and every person concerned therein, in the same manner as if they were inserted in the charter; because we find them proper for the service of the West India Company." '' While these modifications were being considered the States-General authorized many special voyages to New Netherland, each under a special license, which also contained a proviso obliging the parties in interest to return with their ships by the first of July 1G22. This was to avoid any interference with the West, India Companj, or any anticipation of the commencement of their business.' Tlie Charter of the Dutch West India Company was modeled after that of the Great Dutch East India Company, and like it was intended to promote trade, colonization, and the breaking down by armed Heets of the power and pride of the kingdom of Spain. Both were armed commercial monopolies with most extensive powers and enormous capital. Both were established on the basis of the public law of Holland, which wa» simply the " Roman Law," with slight modifications. And both were supported by the assistance and strength of the Government of the United Provinces. The West India Company's Charier consists of a preamble and forty-five articles, together with the preamble and twelve articles of the final agreement of the 21st of June 1G23 above-mentioned. The central power of this vast association, as O'Caliaghan states, " was divided, for the more eflicient exercise of its functions, among five branches or chambers, established in the dilferent cities of the Netherlands, the managers of which were styled ' Lords Direct- ors.' Of these, that of Amsterdam was the principal, and to this was intrusted the management of the affairs of New Netherland. The general sujiervisioii and government of the Company, were, however, lodged in a board, or A.ssiinbly of Nineteen delegates [briefly termed the Assembly of XIX.] ; eight (changed to nine in 1629) of whom were from the Chamber at Amsterdam; four from Zealand; two from Maeze; and one from each of the chambers of Friesland and Groeningen (forming the North Department). The nineteenth was ap[)ointed [as their own representa- tive] by their High Mightinesses, the States General of the United Provinces." Apart from the exclu.sive trade of the coast of Africa, from the tropic of Cancer to the Cape of Good Hope, and of the coast of America, from the Straits of Magellan to the extreme North [Terra Nova or Newfoundland], this Company was authorized to form alliances with the chiefs of the Indian tribes, and obligated to advance the settlement of their posses- sions, encourage population, and do everything that 3 I. O'Call., Appendix "B," 408, • I. Col, Htat. N. Y., 22-27. 42 HISTORY OF WESTCHESTER COUNTY. might promote the iiitcrestH of those fertile countries ami incroase trade. To protect its commerce and dependencies, the Company was empowered to erect forts and fortifica- tions ; to administer justice and preserve order; main- tain police, and exercise the government generally of its transmarine affairs ; declare war and make peace, with the consent of the States-General ; and, with their approbation, appoint a Governor or Director- General, and all other officers, civil, military, judicial, and executive, who were bound to swear allegiance to their High Mightinesses, as well as to the Company itself. The Director-General and his Council were invested with all j)owers judicial, legislative, and executive, subject, some supposed, to a]>peal to Holland; but the will of the t,\impany, expressed in their instructions, or declared in their marine or military ordinances, was to be the law of New Nethcrland, excepting in cases not especially jirovided for, when the Roman Law, the imperial statutes of Obarlcs V., tiie edicts, resolutions, and customs of J'atria — Fatherland — were to be received as the paramount rule of action.' " The States General engaged, among other things, to secure to the Company freedom of navigation and traffic, within the prescribed limits, and to assist them with a million of guilders, equal to nearly half a million of dollars; iind in case i)eace should be dis- turbed, with sixteen vessels of war and four yachts, i'nlly armed and ecjuipped ; the former to be at least of three hundred, and the latter of eighty, tons bur- then ; but these vessels were to be maintained at the expense of the Company, which was to furnish, un- con tons burthen, with a cargo of supjjlies and tools, and thirty families of colonists, who were Protestant Walloons. These Wal- loons were the in i.ibitants of the frontier between France, and Flanders, from the river Scheldt to the river Lys, their Iriiiguage was the old French, and their religion the Reformed Faith of the Huguenots. As-iociated with this expedition, as the captain of the ship, was Adrian Joris, who had made several prior voyages to the coast of America, altlunigh he is some- times erroneously styled "Director."" After a two months' voyage by way of the Canaries and the West Indies May and his colonists arrived in the bay of New York. He divided the Walloons into several parties, sending some to Albany, some to the Del- aware, some to Hartford, some to Staten Island, some to Long Island — where the name of the Wullabout buy still denotes the place of their settlement — and retained others on the island of Manhattan, Thus began the rciil colonization of New Nethcrland, a region out of \\hich was to be formed four of tiie Middle States and one of the New England States of the American Union. The lirst colonists of this region spoke no English, and knew no English law, and they were brought here by the nation which first discovered and occupied the land,' a nation likewise ignorantof English law and of the English tongue. The Ronnin law, with a few ISatavian customs engrafted upon it, wius the first legal system established in the entire region, and it not only governed the foundation of European rule and civilization in New Netherlaud, but maintained their continuous existence there, for half a century ; and even then only yielded to another tongue and another legal system by the force of arms. May ailniini:Ufied the affairs of the new colony ab(mt a year, and was succeeded by William Vcrhulst as second Director-(ieneral, whose administration likewise continwcd only a year, when he resigned and returned to Holland. It was marked liowever by the arrival and introduction of the first wheeled vehicles and first domestic aiiinials into this State. Fetei Evcrtsen Ilnlst, a merchant, and a director of the ,\mstcrdaiii Chamber, despatched to "The Mun- hadoes" three ships of 280 tons each, at liis own expense and risk, in Ai)ril 1G25, with supplies, tools, In those iliiys wiia iiIbd the wi-l uf " New .\mHtt>r\)iini," Hiiniiitiintoil li.v 11 nmntlH Imvlnu in »« I'MiIro tin' Ictti'n. (!. W, C, tlio liiltliiU u( "tieiK'trciji'iMli' Went Inili«'lii>('onii>«Kiil('," llio Diitcli a|i|wlliUiiiiiof tlii> West Iii.llii('..iii|Mny. — III. IKk-. Hist , 31)0. S WiweimiT, HI. Voc. Ill«t.,4;l. «1. nr.ll., i.-.o. ' Ciilmt, wlnw vovaffo nloiiK tho roast of North Amerlrn wng tlie lmHl!4 of tho KtifcUsli rliitni to Ni>\v Nutlirrtiiiid, iit>vi>i- l(in<1eou iiur took puasi'Mtuii uf liiiy imrt of it fur llio King uf Kngliiiiil, TIIR ORIGIN AND HISTORY OF THE MANORS. 43 ami wagonu, and ono hundred and three head of Hiiimiil:), oonsiMting of Htalliona, mareH, bullH, cowh, Bvvine and sheep ; " each beaut," Hays Wassenaer, in his account of the voyage, " had its own separate stall," arranged on a Huoring of sand three feet deep, which was laid H|M)n a deck specially constructed in tlie vessel, beneath which were stowed 300 tuns (casks) of water. Only two beasts died at sea. The rest on arriving were landed on "Noten," now Governor's, Island, then covered by a d'jnse forest of nut trees, so thick that the pasturiige was insullicient, and two d-.iys later nil the uniinuls were transferred to Man- hattan Island where they throve well. These ships also brought six more families of Walloons, and a few single people, forty-five persons in all.' To Verhulst succeeded, an third Director-General, Peter Minuit, of Wescl, in Westphalia, who was of French JIuj;uunot origin. He sailed from the Tcxel on the ninth of January, 1C2G, in the ship Sea-Mew, and reached " the Manhadoes " on tlie fourth of the succeeding May. The second and third articles of the Charter of the West India Company conferred upon it the power of appointing the Directors-General, and other olticera, of all colonies it might establish. The Amsterdam Chamber, to which had been commiited the care of New Netherland, uniler these powers proceeded to organize the iirst civil government in the new Prov- ince. The grant in the Wist India Company's charter is very extensive. The operative words are, "and also build any forts and forlitications tliere, to appoint and discharge governors, people for war, and officers of justice, and other public officers, for the ])reacrvation of the places, keeping good order, police, and justice, and in like manner for the promoting of trade; and again others in their place to put, as they, from the situation of their affairs shall see tit." By virtue of these powers, and of the vote of the Coaii)any placing New Netherland under its sole control and mamigement. the Aujuterdam Chamber of the Company api)ointed Peter Minuit Director- General, and the following persons as liis council, viz., Peter Hylvelt, .lacob Klhertsen Wissinek, .Ian Jansen Urouwer, Synon Dirksen I'os and Ueynert llarmensen. To these were added Isaac de Kasieres as Provincial Secretary, and .Ian Lampo as "8chout- Fiscaal," (pronouncfd as [f spdlfd "Slowl"), who was an executive otlieer, cond)ining the powers of a slu'ritf and an attorney-general. Tlicse formed the first organized civil government in what is now tliis Slate of New York — and collectively were styled "The Director-General and Council of New Netherland." The Schout-Klscaal was entitled to sit with the Coun- cil but ha III. I)oc. UUt. N. T., 41-43. authority in the colony. It waa also the sole tribunal for the trial of all civil and criminal cases, and all prosecutions before it were instituted and conducted by the Schont-Fiscaal. In taking informations, he was bound to note as well those points which made for the prisoner as well as those against him, as the lloman law provides, and alter trial to see that the sentence was lawfully executed. He was also chief custom-house officer and had power to inspect vessels and their cargoes, sign their pa|)ers, and confiscate all goods introduced in violation of the Company's regu- lations. This most responsible of all the olficcs in the new government was held during Director Miiuiit'-< entire administration by the above-named Jan Lampo who waa a native of Cantelberg. It should be stated also, that when the Schout-Fiscaal acted as prosecut- ing ofiicer he retired from the bench. It will be seen that this Conncil acted in a twofold capacity, as an Kxecutive Council, and as a Court of Justice. When, later, inferior tribunals were established, its members were not amenable to them. On extraordinaiy occasions it was usual to adjoin some of the principal inhabitants, or Public Servants, pro line riir, to the Council by its own vote, who then had an cijual voice in the decision of the nnitter in (piestion.'^ Such was the nature of the body by which execu- tive, legislative, and judicial authority waa exercised, not only on Manhattan Island, and in the C.)unty of Westi'hester, but in all ])arls of ,\ew Netherland. 'Ihe new governnu'nt began vigorously. The Governor and Council (Irat laid out and commenced the erection of n regular fortification on the extreme southern point of Manhattan Island. The engineer was Ivrijn Frcderickje, and it was begun in H>2(>, was not finished in July \(i->7, as de Kasieres tells us, but was probably completed at the end of 1(>27. Its |)red- eeessor, though called a fort, was simply a stock- aded trading house. This, however, was a regular work of four i)astions, entirely faced with stone.'' . Isuac de Rasieres, the writer of the letter mentioned, nrrived in the ship " Arms of .Vnisterdam " on July '27th, itiiii. He wasallugu.Miot Wiilloi)ii,anaireMt of lilonimaert an Am-.i,cnlam merchant, and a mem- ber of the West India Company, to whom his letter is addressed. Ho was nnulo by Minuit Proviiuial Secretary, and as such, opened a correspondence with Guv. Ihadford of Plymouth, for a friendly trade, visited that celebrated |dace, as a New Netherland envoy in l(i27, and liiis lett us an account of it in this letter, discovered at the Hague in lH4(i, and first printed in II. N. Y. Hist. Sou. Coll., 2 Series, On the 28d of September, H)2(]. this ship, the " Arms of Amsterdam," sailed again on her return voyage to Holland, with a very valuable cargo of Inrs, » I. OTiill., 101 ; N. Nottiorlniid RcKlntiT, 2. ' Wiuwimci, 111. Hoc. Illat. N. V., 17 ; Hnnnioml'ii Emly ColoultMUoii of N. Nutliirliihil, 11. N. V. Hint. loU., 2il Surlue, [iii. aUil-ilUB, 44 HISTORY OF WESTCHESTER COUNTY. She alsf carried out the official account of the most iinpor'^ant event that had yet happened in New Netherland, the result of a treaty held by Director Minuit and his Council with the natives of Man- hattan, the first ever held by the Dutch with the Indians in America. This event was the purchase of the Island of Manhattan by the West India Com- pany, which is the foundation of title to all the real estate on the Island of New York, and by which the city holds all the land that it still possesses at this day, south of the Harlem Eiver. She had a compara- tively rapid passage, reaching Amsterdam on the fourth of November following, a little over six weeks. The very next day, the delegate of the States- General in the "Assembly of the XIX.," then in session, advised that august body of the arrival, and the news, by letter. Unfortunately Minuit's official despatch has not been preserved, but the letter of Pieter Schagen, the States-General's representative, is still in the Royal Archives at the Hague, and proves the fact. It is, in full, as follows; — " High and Mighty Lords : — Yesterday arrived here the ship 'the Arras of Amsterdam,' which sailed from New Netherland out of the River Mauritius,' on the 23d of September. They report that our people are in good heart and live in peace there ; the Women have also borne some children there. They have purchased the Island Manhattes from the Indians for the value of 60 guilders ; 'tis 11,000 morgens in size.- They had all their grain sown by the middle of May, and reaped by the middle of August. They send thence samples of summer grain ; such a.s wheat, rye, barley, oats, buckwheat, canary seed, beans, and flax. The cargo of said ship is ; — 7,246 Beaver skins. 178i Otter skins. 676 Otter skins. 48 Minck skins. 36 Wild cat skins. 33 Minckes. 34 Rat skins. Considerable oak timber and hickory. Herewith, High and Mighty Lords, be recom- mended to the mercy of the Almighty. In Amsterdam, the 5th of November A. D. 1626. Your High Mightinesses obedient, P. Schagen." It is endorsed, " Received 7th November, 1626." This action of Director-General Minuit and the Council of New Netherland marks the beginning of the policy of the Dutch nation in its treatment of the Indians of America in the matter of their lands, and also ita Christian character. This policy and all the dealings with the natives pursuant to it was based on > The Dutch m named the Hiidioi] after Maurice, the then Prince of Orange. • A morgen, or Dutch acre, wiu two Engliah acres; " CO guilders " was 24 dulliiia of our money. the principle, that the Indians were the lawful pro- prietors of their native land by original right of occu- pancy, and that it could only be alienated by their own act, and not taken from them by right of con- quest, or by rapine. Of no other of the nations of Europe which colonized America, except the Dutch, can it be truly said that this wise and Chiistian principle always governed them in their dealings with the Indians. Much has been written about William Penn as being the first to purchase their lands by treating with them. But Director Minuit on the bunks of the Hudson preceded him in this honor- able and Christian treatment of the Indinns by more than half a century. And the same policy and treat- ment wfis ever continued during the whole period of the Dutch possession of the Province of New Nether- land. At the date of the purchase the Indian population of Manhattan Island is said by some writers to have been 200, men, women, and children, and by none has it been put at more than 300. The numbers of the Dutch, we know, were only 270.' So that the population on each side could not have been far from equal. A fact that speaks well for those early Dutch people, for from the discovery up to 1626 their pos- session of the island was only by the suflerance of the Indians, and during that whole time there was never a contest or a quarrel between them and the savages. The price paid for the Island was a fair one, for the time, age, and place, for it was nothing but a little wild island on a coast almost unknown, of a continent entirely unknown. It was but one of hundreds and hundreds of small islands lying all along the Western shores of the Atlantic Ocean, with nothing to show it had any value at all except the prior occui)ation of one end of it as a trading post by the Dutch. And many of those same little islands in as out-of- the-way places, may be purchased to-dny for a price almost as low. De Laet in his history of the West India Com- pany gives a table of the annual exports and imports from, and into. New Netherland, from 1624 to U\'i'), from which it appears, that in 1626, the year of the purchase, but two ships came to, and went from, New Amsterdam, and that the value of tlie imports (sup- plies and goods) was 20,384 guilders, about 8,500 dol- lars, and that of the exports (furs and timber) were 45,050 guilders, about 14,000 dollars.* It was simply as a station to collect furs from the Indians that Manh.ittan Island then had any value whatever. Such was the beginning of that "Prov- ince of New Netherland" in the year 1623, which 262 years later, in 1885, is the State and City of New York, the former with 5,000,000 of inliabitants, the latter with 1,250,000 people. And the island that waa > Wnmenacr, III. Doc. Hlat. N. Y., 47. «De Liiet, 1. N. Y. lllsl. Cell., id nurk-s, 385. 1. O'CuU., 104. THE ORIGIN AND HISTORY OF THE MANORS. 45 then bought for 24 dollars, now has a value 8o high up in the millions of dollars, that the mind with difficulty can take it in ; while the city built upon it, is the third in importance, size, and wealth in the civilized world, and the chiefest in the western hemisphere. The Walloons had moved in the matter of leaving Holland for America in the year 1621, two years be- fore the thirty families came out under Director May as mentioned above. They applied to Sir Dudley Carleton, British Ambassador at the Hague, to know, whether the King of England, James the First, would permit them "to settle in Virginia," in accordance with a petition setting forth the terms and conditions under which they desired to undertake the enterprise. This Petition of fifty-six heads of families, Walloon, and French, all of the Reformed Religion was pre- sented to, and left, with Carleton, who sent it to Eng- 1 ind, enclosed in a letter of his own favoring its object, dated the 19th of July, 1621. Accompanying the petition was a written covenant in these words ; — " We promise his Lordship the ambassador of the most serene king of Great Britain, that we will go to settle in Virginia, a ,)art of his Majesty's dominions, at the earliest time practicable, and this under the conditions set forth in the articles we have communi- cated to his said lordship the ambassador, and not otherwise." This paper bore the signatures of iill the petitioners, attached in the form of a round-robin the centre of which was the above covenant; and it showed, be- sides the names of the signers, their occupations, and the number of the children of each. Among the names are those well known in New Amsterdam from that day to this, as De Forest, De La Montague, Lam- bert, Le Roy, Du Puy, and others, as good, honest, upright people. The Lords in Council referred the application to the Virginia Company, who received it very coldly, suggested a few modifications and de- clined any assistance, in money or in transportation. This ended the matter with the English, and these "Walloons as well iis French," afterwards made ar- rangements with the West India Company to go to New Netherland, which were carried out under May in 162.3 as mentioned before. This petition to the British King contained seven articles specifying in detail, the conditions and terms under which, these first colonists desired to enter upon the work of colonization, and is therefore of the great- est value as acquainting us, beyond cavil, with the views and ideas of those who actually did begin that work in wh.at is now the City and State of New York.' In this document api)ear8 the very earliest mention of the land tenure which the first colonists of New York desired and asked for. It was that with which they were familiar, and which they fully understood. 'ThU prtltlou la given at Icingtli, with im on(fmvln(?of the " roiinil loliin" itnil its sigimtuies, In the VHlimlila "lllatory iif thi! IlnKiicncit Kinlgmtiun," by the Kov. Dr. C. W. Dulid, vol, I. p. ISSJiist imbllsheil. and under which they had always lived, and was based on fealty, homage, and manorial rights, as fixed by the Roman law, with which alone they were ac- quainted, and which under the West India Company was established as the law of New Netherland, and governed it till its conquest by the English in 1664. The articles of this "petition" numbers five and six, are in these words (The whole is in French, and this is the translation) : "VI. Whether he (His Britannic Majesty) would "grant them a township or territory, in a radius of "eight English miles, or say, sixteen miles in diameter, " which they might improve as fields, meadows, vine-v "yards, and for other uses; which territory whether "conjointly or severally, they would hold from his " Majesty upon fealty and homage ; no others being "allowed to dwell within the bounds of the said " lands, unless they shall have taken letters of citi- "zenship; in which territory they would reserve to "themselves inferior manorial rights; and whether it " might be permitted to those of their number who "are entitled to maintain the rank of noblemen, to " declare themselves such. " VII, Whether they would be permitted in the "said lands to hunt all game whether furred or " feathered, to fish in the sea and the rivers, to cut "heavy timber, as well for ship building as for com- " merce, at their own will; in a word, whether they "could make use of all things either above or beneath " the ground, at their own pleasure and will, the royal " rights reserved ; and whether they could disjmse of " all things in trade with such persons as may be per- " mitted them. " Which provisions would extend only to said "families and those belonging to them, without ad- " mitting those who might come afterwards to the said "territory to avail themselves of the same except so "far as they might of their own power, grant this to " them, and not beyond, unless his said Majesty should " make a new grant to them." Such were the clear, undeniable wishes and desires, expressed in their own words, by those men who began the actual settlement of the region now known as New York, and which they did carry out, a little modified, by the Dutch system and rule. The West India Company by its charter was bound to take measures for the increase of the population of its new Province, and the development of its agri- cultural resources. It found this a difiicult duty to perforin, mainly in consequence of two causes. The first was, the extreme profit of the fur trade which absorbed the general attention. The second was, that the farmers and laborers of Holland knew that they could do well enough at home. This fact is thus stated in a report of the Assembly of XIX. to the States General in 1629, referring to the effect of a proposed truce with Spain, upon the interests of New Netherland, 46 HISTORY OF WESTCHESTER COUNTY. " Moreover the colonizing sucli wild and uncul- tivated countries, demands more inhabitants than we can well supply ; not so much through lack of popu- lation, in which our provinces abound, aa from the fact, that all who are inclined to do any sort of work here, procure enough to eat without any trouble ; and are, therefore, unwilling to go far from home on an uncertainty." ' This subject had engaged the attention of the Com- pany, and of the Chamber of Amsterdam especially, in 1627 and 1628. After much discussion, mid long deliberations, it was finally determined in the Assem- bly of the XIX. that a plan should be prepared giv- ing special privileges, powers, and exemptions, to such members of the Company who would, at their own expense and risk, send out expeditions, and estab- lish separate and distinct plantations in any part of New Netherland, Manhattan Island excepted. The details were slowly and carefully determined, and not till the seventh of June, 1629, was the plan finally approved and adopted by the Assembly of XIX., and ratified and confirmed by their High Mightinesses the States-General. This plan, or charter, as it sometimes styled, was entitled : — " FREEDOMS AND EXEMPTIONS. GKANTED BY THE AS8EMHI.Y OF THE XIX. OF THE PRIVILEGED WEST INDIA COMPANY, TO ALL SrCH AS. SHALL PLANT ANY COLONIES IN NEW r il."_AND." It consisted of thirty-one articles, and was printed in a small quarto ])am])hlet offour or six pages and distributed throughout the United Provinces in 1630. Only three or four copies of this pamphlet are now known to exist, and it is so rare that within ten years a distinguished New York antiquarian reprinted it in fac-simile. As it is the first instrument under which lands in the States of New York, New Jersey, Pennsylvania and Delaware, and Connecticut, were acquired, and on which titles rest, it is here given in full from the translation made by the late eminent historian of New Netherland. Dr. Edmund B. O'Callatrhan, for his own grent work, the " History of New Netherland ; or. New York under the Dutch," first published in 1846- "FREEDOMS AND EXEMPTIONS. GRANTED BY THE ASSEMBLY OF THE XIX. OF THE PRIVILEGED WEST INDIA COMPANY, TO ALL SUCH AS SHALL PLANT ANY COLONIES IN NEW NETHERLAND: " I. Such members of the said Company as may be inclined to settle any colonic''' in New Netherland, 1 1. Col. Hist. N. Y., 30 ; Ibid., M. ^ThiRwonl "colonie," pronounced in Dutch with t)io Recent on the liiHt two lettera, docs not nieun *' colony" In the KnKllHh senno, Init niennii a nlnntHtlon, or sottlcntpnt, ftnd Includps peopio, cuttle, toola, stock of all kiudt, m ncU aa tUu luuds on which all were to he placed. • shall be permitted to send in the ships of this Com- I)any going thither, three of four persons to inspect the situation of the country, provided that they, with the officers and ships company, swear to the articles, so far as they relate to them, and pay for provisions and for passage, going and coming, six stuyvers per diem ; and such as desire to eat in the cabin twelve stuyvers, and to be subordinate, and give assistance like the others, in eases offensive and defensive ; and if any ships be taken from the enemy, they shall re- ceive pro rata, their proportions with the ships com- pany, each according to his quality ; that is to say, the colonists eating out of the cabin shall be rated with the sailors, and those who eat in the cabin with those of the company's men who eat at table and re- ceive the lowest wages. " II. Though, in this respect, shall be preferred such persons as have first appeared and desired the same from the Company. " III. All such shall be acknowledged Patroons of New Netherland, who shall, within the space of four years next after they have given notice to any of the chambers of the company here, or to the Commander or the Council there, undertake to plant a colonic there of fifty souls, upwards of fifteen years old ; one- fourth part within one year, and within three years after the sending of the first, making together four years, the remainder, to the full number of fifty per- sons, to be shipped from hence, on pain, in case of wilful neglect of being depriveil of the privileges ob- tained ; but it is to be observed thai the company reserve the island of the Manhattes to themselves. "IV. They shall, fron he time they make known the situation of the places where they proposed to set- tle colonies, have the preference to all others of the absolute property of such lands as they have chosen ; but in case the situation should not afterwards please them, or they should have been mistaken as to the quality of the land, they may, after remonstrating concerning the same to the Commander and Councfl there, be at liberty to choose another place. "V. The Patroons, by virtue of their power, shall and may be permitted, at such places as they shall settle their colonies, to extend their limits four miles along the shore, that is, on one side of a navigable river, or two miles' on each side of a river, and so far into the country as the situation of the occupiers will permit; provided and conditioned that the company keep to themselves the lands lying and remaining be- tween the limits of the colonies, to dispose thereof, when, and at such time, a.sthey shall think jiroper, in such manner that no person shull be allowed to come within seven or eight miles* of them without their consent, unless the situation of the land thereabout 8 Thew are Dutch n>llep, one of which In equal to four EnglUh ouea. < Tweut}' .eight or thlrt^'-twu EugUsb luUua.^ THE ORIGIN AND HISTORY OF THE MANORS. 47 were audi, that the Commander and Council for good reasons, should order otherwise; always observing that the first occupiers are not to be prejudiced in the right they have obtained, other than, unless the ser- vice of the Company should require it, for the build- ing of fortifications, or something of that sort; re- maining, moreover the command of each bay, river, or island, of the first settled colonic, under the su- preme jurisdiction of their High Mightinesses the States-General, and the company; but that on the next colonies being settled on the same river or island, they may, in conjunction with the first, appoint one or more council, in order to consider what nniy be ne cessary for the prosperity of the colonies on the said river and island. " VI. They shall forever possess and enjoy all the lands lying within the aforesaid limits, together with the fruits, rights, minerals, rivers and fountains there- of; as also the chief command and lower jurisdic- tions,' fishing, fowling, and grinding, to the exclusion of all others, to be holden from the company as a per- petual inheritance, without it ever devolving again to the Company, and in case it should devolve, to be re- deemed and repossessed with twenty guilders per colonic, to be paid to this Company, at the chamber here, or to their Commander there, within a year and six weeka after the same occur, each at the cham')er where he originally sailed from ; and further, no per- son, or persons, whatsoever, shall be privileged to fish and hunt but the Patroons and such as they shall per- mit ; and in case any one should in time prosper so much as to found one or more cities, he shall have power and authority to establish oflicers and magis- trates there, and to make use of the title of his colo- nic according to his pleasure and the quality of the persons. " VII. There shall likewise be granted to all Pa- troons who shall desire the same, venia testandi, or liberty to dispose of their aforesaid heritage by testa- ment. "VIII. The Patroons may, if they tliink proper, make use of all lands, rivers, and woods, lying con- tiguous to them, for and during so long a time as this company shall not grant them to other Patroons or particular individiyils. "IX. Those who shall send persons over to settle colonies shall furnish them with proi)er instructions, in order that they may be ruled and governed con- formably to the rule of government nude or to be made by the Assembly of the Nineteen as well in the political as the judicial government; which they shall be obliged first to lay before the directors of the respective colleges [or chambers]. " X. The Patroons and colonists shnll be privileged to send their people and effects thither, in ships be- 1 Under tbe Boman Dutch law. longing to the company, provided they take the oath '^ and pay to the Company for bringing over the people as mentioned in the first article; and for freight of the goods five per cent, ready money, to be reckoned on the prime cost of the goods here; in which is, however, not to be included such creatures and other implements, as are necessary for the cultivation and improvement of the lands, which the Company are to carry over without any reward if there is room in their ships. But the Patroons shall at their own expense, provide and make places' for them, together with every thing necessary for the support of the crea- tures. "XI. In case it should not suit the Company to send any ships, or in those going there should be no room ; then the said Patroons, after having comnumi- cated their intentions, and after having obtained con- sent from the Com])any in writing, may send their own ships or vessels thither; provided that in going or coming they go not out of their ordinary course ; giv- ing security to the Company for the same, and taking on board an assistant, to be victualled by the Patroons, and paid his monthly wages by the Company ; on pain, for doing the contrary, of forfeiting all the right and property they have obtained to the colonic. "XII. Inasmuch as it is intended to people the island of the Manhattes first, all fruits and w.nres that are produced on the lands situate on the North River, and lying thereabout, shall, for the present, be brought there before they may be sent elsewhere; excepting such as are from their nature unnecessary there, or such as cannot, without great loss to the owner there- of, be brought there; in which case the owners shall be obliged to give timely notice in writing of the dif- ficulty attending the same, to tl 'ompany here, or the Commander and Council there, that the sumo may be remedied as the necessities thereof shall bo found to require. " XIII. All the Patroons of colonies in New Nether- land, and of colonies on the Island of Manhattes, shall be at liberty to sail and traffic all along the coast from Florida to Terra Neuf, * provided that they do again return, with all such goods as they shall get in trade, to the Island of Manhattes, and pay five per cent, for recognition to the Company, in order, if pos- sible, that after the necessary inventory of the goods shi]>ped be taken, the same may be sent hither. And if should so ha])pen, that they could not return, b/ contrary streams or otherwise, they shall, in such case, not be permitted to bring such goods to any other place but to these dominions, in order that under the inspection of the directors of the place where they may arrive, they may be unladen, an in- ventory thereof made, and the aforesaid recognition . « . 'Of aUcglnnco tn t1u> Company, and to the States Oeneral. ^StallH, or uthor acconuiiodutiuns. * NewfuuudlunJ. 48 HISTORY OF WESTCHESTER COUNTY. of five per cent, jmid to the company here, on pain, if they do the contrary, of the forfeiture of the goods BO trafficked for, or the real value thereof. " XIV. In case the ships of the Patroons, in going to, or coming from, or sailing on, the coast from Florida to Terra Neuf, and no further without our grant, shouldoverpowerany of the prizes of the enemy, they shall be obliged to bring, or cause to be brought such prize to the college (chamber) of the place, from whence they sailed out, in order to be rewarded by them ; the company shall keep the one-third part thereof, and the remaining two-thirda shall belong to them in consideration of the cost and risk they have been at, all according to the orders of the company. " XV. It shall also be free for the aforesaid Pa- troons to traflic and trade all along the coast of New Netherland and places circumjacent, with such goods an are consumed there, and receive in return for them, all sorts of merchandise that may be had there, except beavers, otters, minks, and all sorts of peltry, which trade the company reserve to themsi'lves. But the same shall be permitted at such places where the company have no factories,' conditioned that such traders shall be obliged to bring all the peltry they can procure to the island of Manhaties, in case it may be, at any rate, practicable, and there deliver to the director, to be by him shipped hither with the ships and gDods ; or, if they should come hither, without going there, then to give notice thereof to the Com- pany, that a proper account thereof may be taken, in onler that they may pay to the Company one guilder fur each merchantable beaver and otter skin; the property, risk and all other charges, remaining on account of the Patroons or owners. "XVI. All coarse wares that the colonists of the Patroons there shall consume, such as pitch, tar, wood-at'hes, wood, grain, iiah, salt, hearthstone, and such like things, shall be brought over in the com- l)any's ships, at the rate of eighteen guilders ($7.20) per last; four thousand weight to be accounted a last, and the company's ship's crew shall be obliged to wheel and bring the salt on board, whereof ten lasts make a hundred. And in case of the want of ships, or ro(nn iu the ships, they may order it over at their own <'ost, in ships of their own, and enjoy in 'lese dominions such liberties and benefits as the compiiny have granted ; but in either case they shall be obliged to pay over and above the recognition five per cent.) eighteen guilders i)er each hundred of salt that is car- ried over in the company's ships. " XVII. For all wares which are not mentioned in the foregoing article, and which are not carried by the last, there shall J)e paid one dollar i)er each hundred pounds weight ; and for wines, brandies, verjuice, and I Tmding atHtlons. vinegar, there shall be paid eighteen guilders per cask. "XVIII. The Company promisesthecolonists of the Patroons, that they shall be free from customs, taxec, excise, imposts or any other contributions, for the space often years; and after the expiration of the said ten years at the highest, such customs as the goods are taxable with here for the present. "XIX. They will not take from the service of the Patroons any of their colonists, either man or woman, son or daughter, man-servant or maid-servant ; and though any of them should desire the same, they will not receive them, nor permit them to leave their Pa- troons, and enter into the service of another, unless on consent obtained from their Patroons in writing; and this for and during so many years as they are bound to their Patroons; after the expiration whereof, it shall be in the power of the Patroons to send hither all such colonists as will not continue in their ser- vice, and until then shall not enjoy their liberty. And all such colonists as shall leave the service of their Patroons, and enter into the service of another, or shall, contrary to his contract, leave his service ; we promise to do everything in our power to appre- hend and deliver the same into the hands of his Pa- troon, or attorney, that he may be jiroceeded against, according to the customs of the country as occasion may require. "XX. From all judgments given by the cour's of the Patroons for ui)wards of fifty guilders ($20), there may be an ap])pal to the Company's Commander and Council in New Netherland. " XXI. In regard to such i)rivate persons as on their own account, or others in the service of their masiers here (not enjoying the same privileges as the Pa- troons), shall be inclined to go thither and settle; they shall with the approl)ation of the Director and Council there, be at liberty to take u]) as much land, and take jmssesaion thereof, as they shall be able jjroperly to improve, and shall enjoy the same in full property either for themselves or masters. " XXII. They shall have free liberty, of huntingand fowling, as well by water as by l*nd, generally, and in public and private woods and rivers, about their colonies," according to the orders of the Director and Council. "XXIII. ^Vhosoeverwhethercolonists of Patroons, or free persons for themselves, or other particulars for their masters, shall discover any shores, bays, or othtr fit placets for erectitig fisheries, or the making "f salt ponds, they may take possession thereof and begin to work on them in their own absolute property, to the exclusion of all others. > Plantationa. THE ORIGIN AND HISTORY OF THE MANORS. 49 And it is coimented to that the Pntronns of Colo- nists niny send iany. Other persons however, could, with the permission of the Directur and Council of New Netherlund, take up as much land as they could improve, "and enjoy the same in full property either for themselves or others," but without any of the advantages and privileges con- ferred upon the Patroons. These were styled Free Colonists. Under these clauses the colonizing of the territory of New Netherland began. While the charter was in process of discussion and formation in the Assembly of the XIX., which it will be recollected was composed of directors chosen from the several chambers of the West India Company, certain directors of the Amsterdam Chamber, which had been specially charged with the care and super- vi;' - of New Netherland, as soon as it became certa. 'hat the charter would be approved by the Cc .pany and ratified by the States-General, sent out to agents to purchase for them, the Indian title to certain lands in different parts of New Netherland, so that they might be ready to constitute themselves Patroons under the charter, as soon as it should finally pass and go into effect. The first of these were Samuel Godyn and Samuel Blomr.iaert, whose agents, sent out .some time pre- viously, on .Tune 1st, 1729, a few days before the passing of the charter, bought for them of the Delaware Indians, the lands on the southwest side of Delaware Bay from Cape Henlopen thirty-two miles northwardly in length, and two miles inland in width. As these were Dutch miles, the tract was 128 English miles long and eight miles broad. After the passage of the charter and on the 19th of June, 1729, Godyn notified the Chamber of Am- sterdam that he had sent out agents to purchase landsi and declared "that he now in quality of 'Patroon' has undertaken to occupy the Bay of the South River, on the conditions (the charter) concluded in the last Assembly of the XIX., as he hath likewise advised the Director Pieter Minuit, and charged him to register the same there." ' 1 1. O'CttU., Appendix S, p. 479, 60 HISTORY OF WESTCHESTER COUNTY. Mimiit in due time with hia Council executed and passed the grant, or " transport " as the Dutch termed the instrument, and sen' it to Oodyn in Holland. In 1841 Mr. J. llomcy i Brodhead found the original document in the West India House at the Hague, brought it back to New York, and it is now deposited in the State Library at Albany. It bears date the 15th of July 1630, and bears the sig- natures of Pieter Minuit and his Council, — the only signatures of those officials known to be in existence, and is the first title given by civilized men to lands in the present State of Delaware, and the first in New Netherland under the charter of Freedoms and Ex- emptions of 1629. Its date is two years before Lord Baltimore's charter of Maryland from Charles the First, and fifty-two years prior to William Penn's charter of Pennsylvania from Churles II. The name Godyn and Blomniaert gave to their "Colonic" was " Zwanandael ;" in English, "Swansdale." The fol- lowing is a translation of this first conveyance for any part of New Netherland. TRANSPORT. The Director and Cuuicll nf New KHh(rland to S'Xmul Omii/n and Satnufl Blomniaert. "We, the Director and Council in New Netherland, residing on the Island Manahatns and in Fort Am- sterdam, under the authority of their High Might- inesses the Lords States-Ctener.il of the United Netherlands, and of the Incorporated West India Company, Chamber at Amsterdam, hereby acknowl- edge and declare, that on this day, the date under- written, came and appeared before us, in their proper persons, Queskakous, and Eesauques, Siconesius, and the inhabitants of their village, situate at the South cape of the Bay of the South River, and freely and voluntarily declared, by special authority of the rulers and consent of the Commonalty there, that they already, on the first day of the month of June of the past year, 1629, for and on account of certain parcels of cargoes, which they, previous to the passing hereof, acknowledged to have received and gotten into their hands and power, to their full satisfaction, have transported, ceded, given over, and conveyed in just true and free property, as they hereby transport cede, give over, and convey to, and for the behoof of, Messrs. Samuel Godin and Samuel Blonimaert, absent; and for whom We, by virtue of our office, under proper stipulation, do accept the same namely : the Land to them belbnging, sit- uate on the South side of the aforesaid Bay, by us called the Bay of the South River, ex- tending in length from C. Hinlopen off unto the mouth of the aforesaid South River, about eight leagues (groote mylen), and half a league in breadth; into the interior, extending to a certain marsh (leegte) or valley through which these limits can clearly enough be distinguished. And that with all the action right and Jurisdiction to them iu the aforesaid quality, therein appertaining, constituting, and surrogating the said Messrs. Godin and Blom- niaert in their stead state, real and actual possession thereof; and giving them at the same time, full and irrevocable authority, power, and special commantl, to hold in quiet possession, occupancy and use, tan- quam Actores et Procuratorcs in rem propriam, the aforesaid land acquired by the above mentioned Messrs. Godin and Blommaertor those who may hcrr- after obtain their interest; also to do barter and dispose thereof, as they may do with their own well and lawfully acquired lands. Without they, tho Grantors having, reserving, or retaining for the futuro, any, the smallest part, right, action, or authorily, whether of property, command, or jurisdiction therein ; but now, hereby, forever and a day desisting, retiring from, abandoning and renouncing the same for the behoof aforesaid; promising further, not only to observe, fulfil, and to hold fast, unbroken and Irrov- ocable, this their conveyance, and whatever may be done in virtue thereof, but, also, the 8aiending. Done at the aforesaid Island Manah^tas and Fort Amsterdam on the day and year aforesaid. (Signed) Pieteu Misuit, Director, PlETER Byvelt, Jacob Eldeutss. Wissinck, Jan Janken Broiwer, Symon Dircks. Pos, Reyner Harmexsex, Jan Lampo, Sherif. There was besides : This conveyance written with mine own hand is, in consequence of the Secretary's absence, executed in my presence on the thirteenth day of August, XVI,° and thirty as above. (Signed) Lenart Cole, Deputy Stcretary.' The lands covered by the above " transport " together with some adjacent land subsequently acquired by Kiliaen van Rensselaer formed the great Patroonship of " Rensselaerswyck." In 1705, seventy-five years later, it was erected into a Manor of the same name under the English law, and continued in unbroken existence till 1837, when the last Patroon Stephen van Rensselaer died. He devised in fee to his eldest son Stephen the part of the manor west of the Hudson, and to his son William the part east of that river. Under titles de- rived from these two sons the hinds of the old manor, which had not been sold by their father, the last Patroon, in his lifetime, are now held in fee, subject in some cases to former leases the terms of which are not yet expired. A third keen, long-hended, director of the Amster- dam Chamber was Michael Pauw of Achtienhoven, near Utrecht. Like Godyn, Blommaert, and Van Rensselaer, early in 1630 he bought through agents the Indian title to the lands on the west side of the Hudson River, opposite Manhattan Island from the iuights of Wehawken, and Hoboken, to Bergen Point, and also the islaii'l if Staten Island. He duly obtained like transports of these regions from the Director and Council, and gave to his Patroonship the name of " Pavonia," a Latinized derivation from his own surname. These three Patroons in a document laid before the States-General in June 1634,* thus, describe their own action in relation to their Patroonships, their rights as Patroons, and the expenses they had incurred in the colonization of their lands. After stating the enact- »I. Col. Hirt. N. y., 44. < I. Col. Hilt., 84. 62 HISTORY OF WESTCHESTER COUNTY. nient of the Freedoms and Exemptions on the 7th of June 1629) they continue thus ; — " Whereupon some directors of the before-named Company in addition to the great interest they pos- sessed with their next friends in the said Company (who imported [to the value of] more than two tons of gold) ; animated with new zeal to carry out their High Mightinesses' intentions, and hojjing in con- sequence for God's blessing, preceded all the other stockholders by way of a good example, saving the Company from expenses, troubles, and heavy charges, and further involved themselves by undertaking divers Patroonships, the expenses whereof incurred and laid out to this day, amount to not far from one ton of gold, cash down, and are yearly taxed, in ad- dition, with at least 46,000 guilders for the support of three of their Patroonships." " The Patroons proceeding on daily, notwithstand- ing, bought and paid for not only the grounds belong- ing to the chiefs and natives of the lands in New Netherland, but also their rights of sovereignty (fara Majetlatit) and such others as they exercised within the limits of the Patroons purchased territories. "So that on the 28th November, 1630, were read at the Assembly of the Direi :or , the deeds of convey- ance of the lands and jurisdictions purchased from the Saccimaes, the Lords of the Country, executed for the behoof of the Patroons, their successors; and the new proprietors were accordingly thereupon con- gratulated. "On the 2d December, in the year aforesaid, the patents sent to the Patroons from New Netherland were in like manner also again read, recorded in the Company's Eegister, ordered by the Assei ' ' to be ensealed with the seal of New Nethen. the Patroons were again congratulated and handeu iieir patents. " 16th ditto. The Patroons on resolution of the Assembly, delivered to the Company's Counsel a per- fect list of their undertaken patroonships. " 8th January, 1631. The Patroons Colonies were ex supra abundanti confirmed, on submitting the ques- tion to the Assembly of the XIX., holden in Zea- land." Such was the manner and the method in which beg;m the colonization, settlement, and population, of New Netherland in general, and the territories of tlie States of Delaware, New Jersey, and New York in particular. Space will not permit mention of other and later Patroonships in different parts of the Dutch territory in America, except that of Colen- Donck, the only one which was created in the County of Westchester which will be treated of hereafter. Very soon difficulties arose between the West India Company and the Patroons in relation chiefly to the trade in furs and the claims of the Patroons to embark in the same under the articles of the charter of Free- doms and Exemptions. The latter were more in- clined to push the trade in peltries than the agricul- tural settlement of their lands, for the reason that the former was highly profitable, whereas the latter re- quired a constant outgo of money with a prospect of only distant and much smaller returns. Clashingsas to civil powers and duties also occurred between them. But notwithstanding, population and agriculture slowly increased. Other Patroonships were taken up, and some lands were settled by individuals. The West India Company, although several other Directors in the Assembly of tl;e XIX. had l)een taken in as partners by the three Patroons above named in their ventures, but without participation in their personal privileges and dignities, thought that the Patroons were prosjjering too much at the ex- pense of the interests of the Company itself, and sought to restrict them in their trading operations. The Patroons on their side claimed that the Company not only had no right to restrict them, but had not fulfilled its own obligations as laid down in the articles of the Freedoms and Exemptions. These controver.-ies led finally after much discus- sion, to a determination by both parties, concurred in by the States-General, to which both had ajipealed, that the charter of 1729 should be revised, changed in some important respects, and re-enacted in the form of an entirely new Charter of Freedoms and Exemptions. One of the memorials of the Company to the States- General presented in October 1734, growing out of these difficulties and those arising from the claim set up by the English to authorize trade to New Nether- land, is of extreme interest for its clear and succinct account of the Dutch discovery and settlement from 1609 to 1634. It states, "That said river" ("the North River in New Netherland," so styled in the memorial which is believed to be the first time it is so named in any official document) " and adjacent countries had been discovered in the year 1609, at the cost of the East India Company, before any Christians had ever been up said river, as Hudson testified, who was then in the service of said Company, for the purpose of dis- covering the north-west pas-age to China. "And that your High Mightinesses' grant hath conferred from that time down, on divers merchants, the exclusive trade in peltries there. " Likewise, that one or more little forts were built, also under your High Miiihtinesses' chief jurisdiction, even before the year 1614, and supplied with people for the security of the said trade ; " Further, that after these countries had passed into the hands of the incorporated West India Company, not only were the above-named forts renewed and enlarged, but said Company purchased from the Indians who were the indubitable owners thereof, the Island of the Manhattes, situate at the entrance of the said river, and there laid the foundation of a city. " As also, not only on that river, but likewise on the South River, and others lying, to the east of the THE ORIGIN AND HISTORY OF THE MANORS. 68 iifort'snid North River, divers nativee aud inlmbitiintB of these countries, by the asBistanceof said Company, phmted sundry Colonies, for wliich purpose, were also l)Urcliiwe(l from the chiefs of the Indians, the hinds and soil, with their respective attributes and jurisdic- tions. " As is to be seen by divers deeds of Conveyance and cession, executed in favor of the Patroons of the Colonies by the Sachems and Chief Lords of the Indians, and those who had anything to say therein." ' In 1638, A " Report on the Condition of New Nether- land was made to the States-General by a special Committee of eight members, of which Rutger IIu.\- geiis was Chairman, in the form of eight brief (jues- tions and answers thereto, (The questions were pro- pounded by the States-General, and the answers were made by the special committee of that body, after it hud held a joint meeting with the Company's Assembly of the XIX. at the Hague.) of which the last three very clearly show the state of affairs at that time ; — "6. Has the Company realized profit or loss since the planting of New Netherland? A. Loss. But it could afford profit, principally from grain. "7. And in case of loss, and their High Mighti- nesses consider it advantageous to preserve the limits of New Netherlnnd, and to establish the population on a better and surer footing? A. The Company cannot people it; because the Company cannot agree among themselves ; but a plan of throwing it open must be considered. " 8. Whether it would not, therefore, be expedient to place the district of New Netherland at the dis- posal of the States-General ? A. They have no intention so to do ; unless they derived profit by it. But they hope, now that they have taken some order about Brazil, that it will prove a source of profit in time. They propose to surrender the trade with the Indians, or something else. Nothing now comes from New Netherland but beaver skins, niinck'a, and other furs ; considerable grain could be raised there in course of time." ' The effect was, that the States-General appreciating the necessity of action, considered a "plan of throw- ing open " New Netherland, adopted it on the 2d of September 1G38, and at once put it into operation. This i)lan opened the trade of New Netherland to all the world on certain simple conditions, and per- mitted any one to take up land according to his means for immediate cultivation. It is in these words ; — " Whereas the Directors of the Incorporated West India Comjjany, Chamber at Amsterdam, are author- ized by resolution of the XIX., to promote and im- prove the trade and population of Is^cw Netherland ; 1 1. Col. Hist. N. Y., 94. » I. Col. Ulat.. 107. they, therefore, with the approbation of their High Mightinesses, hereby make known to all and every the inhabitants of this State, or iu allies and friends, who may lie disposed to take up and cultivate lands there, and to make use for that purjxise of the harbors of these countries, that they may henceforth convey thither in the company's ships, such cattle merchan- dise and property as they shall deem advisable; and receive the returns, they, or their agents may obtain therefor in those parts; on condition that all the goods shall first be brought to the Company's store, so as to be put on shipboard all at once, in the best manner, on payment of the following duties and freights; and the DirecU^rs will take care that they shall be sent thither by the safest conveyance ; — On all merchandises going thither, there shall be paid to the company here (an crport duty) a duty of ten per cent, in money, proportionably to their value ; and on those coming thence hither (an import duly) fifteen per cent, there, in kind or money, at the choice of the Company or its Agent ; eighty-five remaining for the owner. And if any one happen to commit an error, in the valuation of his goods, the Company shall be at liberty to take such goods, paying one- sixth more than they are entered at ; but all concealed and smuggled goods, either in this country or that, which may be discovered to have been brought on board the Company's ships, by secret plans or other cunning contrivances, shall be immediately forfeited and confiscated to the profit of the said Company, without any right of action accruing thereby." And after specifying rules for freight charges, it continues thus ; — "Aud whereas it is the Company's intention to cause those countries to be peopled and brought into cultivation more and more, the Director and Council there, shall be instructed to accommodate every one according to his condition and means, with as much land as he can properly cultivate, either by himself or with his family. Which land thus conceded to any person in the name of the Company, shall re- main the property of him, his heirs, or assigns, pro- vided he shall pay to the Company after it has been pastured or cultivated four years, the lawful tenths of all fruit, grain, seed tobacco, cotton, and such like, as well as of the increase of all sorts of cattle ; of which jiroperty a proper deed shall be given, on con- dition that ho truly undertakes the cultivation or pasture thei'eof. Failing therein, he shall incur, in addition to the loss of such land, such penalties and fines as shall be mutually agreed on at the time of the grant. To which penalties and fines his suc- cessors and assigns shall be also bound. And in order to obviate all confusion and losses, which have formerly arisen therefrom, and are hereafter to be expected in a still graver degree, no one shall hence- forward be allowed to possess or hold any lands or houses in those parts, that have not previously come through the hands of the Company. 54 HISTORY OF WESTCHESTER COUNTY. The Coinpnny, Mubject to tlie High and Mighty Lords Stute8-Geiit>ral, shiill tnlci! ciiru thiit the places ane maintained in peace and quietneiM, in proper police and juittice, under its niinistera or their deputies, conformably to tlie regu- lations and instructions thereupon already CMtablirthed and issued, or Ui be hereafter enacted and given, upon a knowledge and cx|>erience of atlairs. All those who will be inclined to go thither, to inhabit the country or to trade, shall severally declare under their signatures, that they will voluntarily sub- mit to these regulations, and to the orders of the C'ompany, and shall allow all questions and u'H'er- ences there arising, to be decided by the ordinary courts of justice, which shall be established in that country, and freely sutler there the execution of the sentences and verdicts, without any further opposi- tion. And shall pay for passage and board in the state-room, one guilder, in the cabin twelve stuivers, and between decks, eight stuivers, per diem." ' The effect of thus throwing open to the world the trade of New Netherland, was to increase at once its population, and the development of the agricultural capacity of the country. Capital was attracted, colonists came over from Holland, and Patroonships and individual grants of lands were freely taken up. Englishmen and their families driven from New England by Puritan persecution, — a persecution un- paralleled in North America save by that inflicted by the Spaniards in Mexico, fled to the Dutch pn;- vince, became subjects of the New Netherland gov- ernment, and as grantees of its Ian Is took the oaths of allegiance to the West India Companv and to the States-General of Holland. The old disputes between the Compar. , lii^i Patroons as to their respective rights, t!' i^i: uiorii- fied, still continued. At last in Janua "" ' . matter was taken up by the States-Genei..i, the Assembly of the Nineteen, and the Patroons, with a determination to come to a final settlement of the whole subject. Debates, discussions, and negotiations, were actively continued till July of the siic.ie j • ..r, with the result, that an entirely new charter of " Freedoms and Exemptions" was framed which met the assent of all parties. This was reported to the States-General on the 19th of July, 1(540, duly en- acted, and went into immediate operation. The first charter of " Freedoms and Exemptions of 1629," and this new charter of 1640, together, are the foundation of civilized government as originally established, in New York, and successfully maintained there during the entire period of its possession by the Dutch nation. Before describing the system of government, civil and ecclesiastical law, and land tenures, thus founded and set in operation, it is necessary to a right under- standing of the subject to set forth at length, in its »I. Col. Hist, 113. own words, the new charter of 1640, so that there can be no misunderstanding of these most important initrumeiits as to what they do, or do not, contain. It is entitled; — " FhekdoMs ANt) EXEMPTtoVs granted and accorded by the Directors of the General lncor|(orated West Inve filtecn yenrx; to all nuch, nur Governor lilt re mIihII grant in property one hundri-d niorgens, UliiiivlHnd nicH^ure, of land, contiguous one to the ollu'r, wherever they pleHHU to i»elect. " And the I'atroons, of theinitelves or by their ap;entH, at the places where they will plant their ColonieH, ghall have the privilege to extend the latter one mile (conHiitting of, or eBtiuiated at, lOUO Rhine- hind perches) along the coaxt, hay, or a navigable river, and two contiguous niileit landward in ; it being well understood, that no two I'atroonHhips shall be selected on both sides of a river or bay, right opposite to each other ; and that the Company retains to itself the property of the lands lying between the limits of the Colonies, to disposic thereof hereafter according to its pleasure; and that the Patroons and Colonists shall be obliged to give each other an outlet and issue, {ui/tlewteghen ende uytlewatertn) at the nearest place and at the smalle.it expense; and in case of disagree- ment, it shall be settled in the presence and by the decision of the (Jovernor for the time being, "The Patroons shall forever pocsest all the lands situate within their limits, together with the produce, HUperticies, mineral.-*, rivers and fountains thereof, I with high, low and middle jurisdiction, hunting, tirsh- iii^, fowling and milling, the lands remaining allodial, but the jurisdiction as of a perpetual hereditary Kef, devolvable by death as well to females as to males, and fealty and homage for which is to be rendered to the Company, on each of such occasions, with a pair of iron gauntlets, redeemable by twenty guilders within . year and six weeks, at the Assembly of the XIX., here, or before the Governor there; with this under- standing, that in case of division of said fief or juris- diction, be it high, middle or low, the jjarts shall be and remain of the same nature as was originally con- ferred on the whole, and fealty and homage nnist be rendered for each part thereof by a pair of iron gauntlets, redeemable by twenty guilders, as afore- said. "And should any Patroon, in course of time, hap- pen to prosper in his Colonic to such a degree as to be able to found one or more towns, he shall have authority to appoint officers and magistrates there, and make use of the title of his Colonic, according to the pleasure and the quality of the persons, all saving the Company's regalia. " And should it happen that the dwelling places of private Colonists become so numerous as to be ai - counted towns, villages or cities, the Company shall give orders respecting the subaltern government, magistrates nnJ ministers of justice, who shall be norain ted !■ thssr.id towns and villages in a triple number of >:>c ocst qualified, from which a choice and select- :.' 's to be made by the Governor and Council ; ani those shall determine all questions and suits -^-'ithin vheir district. "The P.;.'.-oon8 who will send Colonies Ihither, shall furnish them with due instruction agreeably to the mode of government both in police and justice establi-hvd, or to be established, by the Assi'iiibly of the XIX., which they shall first exhibit to the Direc- tors of the respective Chambers, and have a]iproved by the Assembly of the XIX. " The Patroons and Colonists shall have the privi- lege of sending their {icople and property there in the Company's ships, on condition of swearing alle- giance, and paying to the Company for the convey- ance of the people, as in the first article, and for freight of the goods requisite for their bouwery, five per cent, on the cost of the goods here, without, how- ever, including herein the cattle, on the freight of which the Company shall bo liberal. " llut in case it should come to pass that the Com- pany have no ships to dispatch, or that there be no room in the sailing vessels, in such a case the Patroons and Colonists can, upon previously communicating their determination to, and obtaining the constnt of the Company in writing, send their own ships thither, provided, in going and returning, they shall not leave the ordinary track laid down, and take a supercargo, whose board shall be at the expense of the Patroons or Colonists, and whose wages shall be paid by the Ciimjjany ; on pain, in case of contravention, of forfeiting their ship and goods to, and for the behalf of, the Company, it remaining optional with the Patroons, during the term of the current grant, and no longer, to convey over their cattle, wares and people in the Company's ships, in their own or in chartered vessels. " And, whereas, it is the Company's intention first to settle the Island of the Manhattes, it shall pro- visionally be the staple of all produce and wares accruing on the North river and the country there- about, before they can be sent further, except those* which by nature itself are useless there, or cannot bo brought there except with great loss to the owners, in which case the latter shall be bound to give timely notice of such inconvenience to the Company here, or to the Governor and Council there, that it be pro- vided for, according as the circumstances shall be found to require. " All Patroons, Colonists and inhabitants there, as well as the stockholders in the Company here, shall be privileged to sail and trade to the entire coast, from Florida to Newfoundland, on the following con- ditions: — " First, that all goods which will be sent hence for sale there, whether freighted by the Company, or by Colonists, or the stockholders themselves, must be brought into the Company's stores for inspection and payment of the proper duties, to wit : ten per cent, on the cash cost of the article here, besides convoy- freight and average, an agreement being made for the freights of what may be sent in the Company's ships; and bulk will not be allowed to be broken any where except at the Manhattes, or such place as the Com- pany here may order, so as to be at liberty, after S6 HISTORY OF WESTCHESTER COUNTY. proper inspection of their louding and the entry thereof, to depurt to whatever place they think proper. " And on the other wares which will be sent thence hither, shall be paid here, over and above the convoy duty granted by the State to the Company, five per cent., according to the valuation to be made here, on such penalty as aforesaid ; but an agreement must be made with the Governor and Council there, for the freight of any of the goods that are being sent from there in the Company's ships, as aforesaid ; and on all beavers, otters and other peltries, which will be gent from there here, shiUl be paid to the Governor and Council there, ten per cent., all in kind, and due receipt for the payment thereof, shall be brought along, on pain of confiscation of all the furs which will be found not to have paid any thing fur the be- hoof of the Company, and with that to be exempt from further duty. " And in case said private ships, in going or com- ing, or in ranging along the coast from Florida to Newfoundland, happen to capture any |iri/.es, they shall, in like manner be obliged to bring the same, or to cause the same to be brought, to the Governor and Council in New Netherland, or to the Chamber whence they respectively sailed, to be rewarded by them, and the third part thereof shall be retained for the Company, before deducting his Highness' and the State's portion, the two other third j)arts for them- selves, in return for their incurred expenses and risk, ail in pursuance of the Company's order. " In like manner they shall not be at liberty to de- part thence with their goods obtained in barter, with- out first returning to the said place, to enter their goods there and to obtain proper clearance, signed by the Governor and Council, and they shall be bound to return to this country, with their ships and yachts, to the place they sailed from, in order to discharge all their freight into the Company's stores, according to the register and clearance to be brought from thence, on pain of forfeiting their ship and goods for the Company's behoof, should they go and break bulk elsewhere, or have any unregistered goods on board. " The Company promises, during the continuance of the present charter and no longer, not to burden the Patroons and Colonists in that country, either with customs, toll, excise, imposts or any other con- tributions, and after the expiration hereof, at farthest, with no greater duty than is imposed on goods in this country. " The Company shall not take from the service of Patroons or Colonists, their man servants or maid servants, even though some person should solicit it; nor receive them, nmch less sutler them to go from their master's service to that of another, during the term of such years as they are bound for; and if any man servant or maid servant run away, or take his freedom contrary to contract, the Company shall, according to its means, cause such to be delivered into the hands of their masters, to be proceeded against according to the circumstances of the case. " From all definitive judgments pronounced by the Courts of the Patroons or Colonists, for an amount exceeding one hundred guilders, or from such as en- tail infamy, also from all sentences pronounced in matters criminal, on ordinary prosecution, conform- able to the custom of this country, an appeal shall lie to the Governor and Council of the Company in New Netherland. "All Patroons, Colonists and inhabitants are al- lowed free hunting and fishing, both by land and by water, generally in public woods and rivers in the extent of their lands, according to the order to be made thereupon by the Governor and Council ; and the Patroons exclusively within the limits of their Colonies, with the clear understanding that the Governor and Council shall not be excluded there- from. " All Patroons, inhabitants or Colonists, are also allowed to send ships along the coast of New Nether- land and the countries circumjacent thereunto, to fish for Cod, Ac, and to proceed with the catch straigh' to Italy or other neutral countries, on condition of paying to the Company for duty, in such case, six guilders per last, and on coming here with their freight, it shall be allowable and suiruient to pay the Company the custom dues alone, without conveying, under pretence '-f this consent, any other goods else- where, on pain > arbitrary punishment, it remaining at the pleasure of the C;)mpany to put a supercargo on board each ship, on such conditions and terms aa hereinbefore set forth. " If any Patroons, inhabitants or Colonists happen by their industry, diligence or otherwise to discover any minerals, precious stones, crystals, marbles, pearl- fisheries or such like within the limits of their lands, all such Patroons and Colonists shall give one-fifth part of the nett proceeds to the Company, which for this purpose shall have the power to appoint one or more inspectors, at the charge of said mines and pearlfisheries; but any one finding such without their limits, the same shall belong to the Company on pay- ing the discoverer such premium aa the merits of the case shall demand. "The Company shall take all Colonists, whether free or bound to service, under their protection, de- fend them as far as lies in their power with the force which it has there, against all domestic and foreign wars and violence, on condition that the Patroons and Colonists shall, in such case, put themselves in a suit- able state of defence for which purpose each male emigrant shall be obliged to provide himself, at hia own expense, with a gun or musket of the Company's regular calibre, or a cutlass and side arms. "And no other Religion shall be publicly admitted in New Netherland except the Reformed, as it is at present preached and practiced by public authority THE ORIGIN AND HISTORY OF THE MANORS. 67. in the United Netherlands ; and for thia purpose the Compnny shall provide and maintain good and suit- able preachers, schoolmasters and comforters of the sick. "The particular Colonies which happen to lie on the respective rivers, bays or islands shall have the privilege (to wit, each river or island for itself) of designating a deputy who sliall give the Governor and Council of that country information resjjecting his Colonic, and promote its interests with the Coun- cil : one of which deputies shall be changed every two years, and all the Colonies shall be obliged to communicate to the Governor and Council there a pertinent report, at least every twelve months, of their condition and of the lands in their vicinity. " The Company shall exert itself to provide the Patroons and Colonists, on their order, with as many Blacks as possible, without however being further or longer obligated thereto than shall be agreeable. "The Company reserves unto itself all large and small tythes, all waifs, the right of mintage, laying out highways, erecting forts, nuiking war and peace, together with all wildernesses, founding of cities, towns and churches, retaining the 8U|)reme authority, sivereignty and supremacy, the interpretation of all obscurity which may arise out of this Grant, with such understanding, however, that nothing herein contained shall alter or diminish what has be n granted heretofore to the Patroons in regard to high, middle and low jurisdiction. "The Company shall, accordingly, ap])oint and keep there a Governor, competent Councillors, Officers and other Ministers of Justice for the pn - tection of the good and the punishment of the wicked; which Governor and Councillors, who are now, or nuiy be hereafter, appointed by the Company, shall take cogni/'ince, in the first instance, of matters appertaining tc the freedom, supremacy, domain, finances and rights of the General West India Com- pany ; of complaints which any one (whether stranger, ncighlmr or inhabitant of the aforesaid country) may make in case of privilege, innovation, dissuetude, customs, usages, laws or pedigrees; de- clare the same corrupt or a!pcllations. The Province of Holland the largest of the seven United Provinces formed at an early period a por- tion of the Kingdom of the West Franks, and about the year 922 fl:is conferred by Charles the Simple upon Count Dirk, who thus became the first ''C(Hint of Holland." In 925 Charles ceded it to Henry the Fowler, King of the East Franks, with the rest of the Kingdom of Lotharingia, the Count of Holland still being its own local sovereign. The successive Counts 1 1. Cut. Uiit., 401. 58 HISTORY OF WESTCHESTER COUNTY. of Holland ruled over their little province, to which ill the cou'se of time they added the adjoining prov- ince of Zeeland, for four hundred year^ of unbroken male descent when their race died out, and the Count- ship passed into the hands of the Counts of Hainault. From them it devolved upon the Dukes of Bavnria, the last representative of which house was dispos- sessed by Philip the Good, Duke of Burgundy, who held the rest of the Netherlands under his rule. By the marriage of his daughter, Mary of Burgundy, with the Archduke Maximiliiin of Austria, the entire Netherlands passed from the House of Burgundy to the Imperial House of Austria. In 1496, Philip the Fair married Joanna, daughter of Ferdinand and Isabella of Castile and Arragon, and the Netherlahds, through this marriage came under the dominion of the Kings of Spain. Philip the Fair was succeeded by his only son, the Emperor Charles the Fifth, who was born in the Netherlands, and ruled the country as a part of his empire till 1555, when he abdicated in fa- vor of his son Philij) II. By Philip II. as King of Spain, through savage persecutions and ferocious wars, were the people of the Netherlands driven into a rebellion and war of Independence, which after an heroic struggle of forty years continuance, was suc- cessfully terminated by the famous twelve years truce of 160!).' One of the strange results of this truce, waa the voyage of Hudson in search of a western passage to Cathay, and his momentous discovery of the Bay of New York and the magnificent river which has im- mortalized his name. Another remarkable result, was the establishment in the same year of the Bank of Amsterdam, which so long ruled the exchanges of Europe, and through which, the financial transactions of the first merchants and Patroons of New Nether- l.ind were subsequently carried on. During the whole period in which these different Princes, Kings, and Emperors, possessed the Nether- lands, they ruled the jirovinces of Holland and Zee- land, which together comprised about five-eighths of the area of the " United Provinces," not in their royal cajjacities, but as " Counts of Holland." These two Provinces with, Friesland, Groiiingen, Utrecht, (iueldcrland, and Ovcryssel, comprising the other three-eighths of the Netherlands, formed the " Seven United Provinces" of the Republic, which founded (.'hristian government and Christian civilization in New York. What was the nature and constitution of this Repub- lic? A Republic which not only established its own independent existence as one of the nations of Eu- rope, but humbled forever the jiride and power of Spain then one of the greatest of those nations. A Republic which founded in the New World a system of government, the principles of which to-day form 'Miui»lni|i'8 IiitriMluctlcin to Ills traimlutiuii uf Grutlus' tivnliiie on Iiutcb Jurtniiniiliinci.', (>. iv. the 'basis, upon which rests the constitution of that greater Republic which under the name of the United States of America dominates the Western Hemi- sphere. The Republic of the Netherlands was a small conn- try, in area but a trifle larger than Wales, but its po|)ulation of about two millions in 1609, of Teutonic origin, was dense, reliant, and self-supporting. Each of the seven provinces into which it was divided con- tained a number of cities and large towns, each gov- erned by a Board of Managers styled a ' Vroedschap.' These Boards of Managers were self-electing close cor- porations, the members of wliich were appointed for life from the general body of the citizens. Whenever vacancies occurred these Boards either filled them by a direct election of new members, or by making a double or triple nomination of names, and submitting them to the Stadtholder, or Governor, of the prov- ince, who selected one to fill the vacancy. This Stadtholder was, originally, the representative of the Count, or the Sovereign, but at the period of which we are treating, he was elected by a body called the "States-Provincial" of each Province, which con- sisted of deputies elected by the Boards of Managers and Nobles of the Province. These "States Provin- cial" managed all the affairs of each Province for it- self, the Provinces in their domestic concerns being entirely independent of each other. They were the representative assemblies of the numerous Munici- palities and Nobles of which each Province was com- posed. The "States Provincial" had also conferred upon them, another, and most important, power, one which then existed in no other part of the civilized world. For neither in the Swiss republic, nor in the Italian republics of the middle ages, did a precisely similar power exist. This was the election of envoys to the Sujirerae Legislature of the republic, — the States General. The members of this body so elected were not representatives in the usual sense of that term but envoys from their respective Provinces to the Su- preme Parliament of the nation, in which each Prov- ince, though it could have as many envoys as it pleased, had but one vote. These envoys were bound by in- structions in writing from their constituents the "States Provincial," whom they were obliged to con- sult in all doubtful or new matters before acting upon them. Neither war nor peace could be made, nor troops nor .noney raised, without a unanimous vote of the whole seven Provinces by their envoys in the States-General. The title of this Sujjrcme Council of Parliament of the Republic, was " The High and Mighty Lords the States-General." It received am- bassadors, api)ointed its own to other nations, and conducted, wholly, the foreign relations of the repub- lic. Each Province, by one of its deputies or envoys presided in turn for a week. Its Greflicr, or Clerk read all papers, put all questions to vote, and an- nounced the result. Its sessions were held at the Hague, in a very handsome oblong apartment in the THE ORIGLX AND HISTORY OF THE MANORS. sa Biniienhof, the old palace which ibrined a part of the ancient chateau of the Counts of Holland, which re- mains to this day." In these Independent " States Provincial," their representative env(.ys, and the States-General in which they sat, we see the origin of the Independeut Sover- eign states of the Federal Constitution of 1787, the Senators who represent those Sovereign State.t, and that great hody, the Senate of the United States of America, in which they sit. So ancient and honor- able is that system and doctrine of State rights, upon the continued preservation of which in their integrity depends the existence of the American Union. The source of power in the " States Provincial " of Holland was in the constituencies of the deputies to them who were the Municipal Councils of the towns and cities, and the College of Nobles, by which the deputies were elected. To th"m was each deputy responsible, and under their instructions alone he acted. Holland was an aggregate of independent towns and cities each administering its own taxation, finances, and domestic allairs, and making its own ordinances. Its inhabitants were not on an equality. To entitle a nuin to every municipal franchise, he must have ac- > clashing of intereits between the nobles, the commoners, and the municipalities. Each held their rights and privileges from the same sover- eign authority. The latter were in fact incorporated nobles, so to speak. The peo[)le of the towns, as the military features of the feudal system gradually weakened, demanded and obtained of the Sovereign authority, Count, King, or Emperor, the same rights and privileges as a body, which the nobles possessed individually. The Sovereign, as Lord Paramount, granted these as they were desired, for he was per- fectly willing that the people of the tQwns should commute for specific annual sums the military and other feudal services to which he was entitled, just as the nobles did. The people, however, in the Dutch provinces, always claimed and demanded the right to fix the amount of these annual sums them- selves. This was always granted, and they ever held 1 1. O'CuU. 13n2. tenaciously to this right of taxing themselves. In this manner town cor])orations and city corporations originated, in the Netherlands, and as such were in ftill vigor, with a happy, flourishing, ii"'l united population, not only when New Netherlii was dis- covered, but for a very long period preo mg that event. The magistrates of these municipalities, chosen by the people themselves, were the means by which they were united with the Sovereign power, and through which the latter communicated with the people of the municipalities themselves, just as the nobles were the point of union and communication between the same Sovereign power and their own vas- sals or tenants. The nobles formed a distinct House or College in each i)rovince, and sent deputies to the States of the Province, and the States-General, and also to the three Councils, of State, Accounts, and Admiralty. In the Council of State their deputy was the President, and in the States-General his was the first vote" cast. "The Dutch Nobility" says the English author of the "Description of Holland" in 1743, seem to observe a medium between the loftiness of those of the same rank in some countries, and the meanness of others. The Italian Nobility do not scruple to trade: The French are nicer: yet they make no difficulty to marry a tradesman's daughter, if she be rich, and thereby capable of repairing a shattered Estate. The British Nobility do not differ from the French in this respect. The Germans abhor trade; and perbaj)s in efl'ect of the general barbarous constitution of their country, Tyrant and Slave, disdain to mingle their blood with that of base plebeians, though their brethren of nature."" It was this combined and harmonious system of mingled municipalism and aristocracy, which gave the United Netherlands their great power and made them such a strong, conservative, and successful nation. It was a system they had tried, and under which they had lived, for more than two centuries, which all classes approved, and with which they were fully satisfied and thoroughly familiar. Hence it was, that when the West India Company undertook to colonize New Netherland, they naturally adopted for that new possession the same system which they knew had always worked well in the old, which they had always been accustomed to, and which was in entire consonance with the views, habits, mannei-s, and customs, of the people of the Batavian re- public. It was not this system in New Netherland, but the ways and means of putting it into operation and carry- ing it out, which produced the delays, disputes, and changes, that began soon after the enactment of the charter of Freedoms and Exemptions of 1629, and only ■ " Deacrlptiun of IloUuid," p. 7(1. TIiIh work, l)y «n Kiigllsliiimii, rrsi. ilunt rrom Inruncy in llollnml, wns puljliahvd in 1743, and Is a full, fulr Khd fftMxl acroiiiit of timt country. aiWd.,7U. THE ORIGIN AND HISTORY OF THE MANORS. 61 ended with the adoption of the revised and amended charter of Freedoms and Exemptions of 1640. It is needful to consider only the most salient features of these instruments, for a simple reading of documents themselves, as above given in full, will afford the best possible idea of the nature of the sys- tem of colonization, of which they were the foun- dation, and upon which rests that civilization, which, increasing and improving in the course of years, and modified, not abrogated, by a subsecjuent change of dominion and rulers, now constitutes the pride and glory of the great Empire State of New York. They were drawn in accordance with the views and spirit of the age in which they had their birth, and should, and must, be judged in the light of that age if we Wimld wish to form a fair and true opinion of them and the system they established. No more un- just, yet more common erfor, exists, than to make the views and spirit of thiS; our own age, the standard by which to judge the views, spirit, and actions of every Hge that has gone before it, and to praise or condemn, accordingly. .Judged by the lights of the seventeenth century these charters of Dutch Colonization were extremely free and liberal, far more so than those of any other nation at that time. It must be remembered, too, that, they were the work of an armed commercial organization, of the nature of those then existing, intent upon its own interests, as well as tliose of the nation to which it belonged; an organization equally wi'll adapted to triumph in the pursuits of peace, or comiuer in those of war. Essentially monoi)olies, as were all the colonizing and commercial companies of that era in England) and in all the other European nations, the charier of Freedoms and Exemptions of lO'M confined its benefits and privileges to the members of the Dutch West Indian Company by which it was granted. This was changed by that of 1640 which threw them open to, "All good inhabitants of the Netherlands and all others inclined to plant :my colonics in New Netherland." The former acknowledged, and granted the rights, powers, and privileges, of Patroons, as they then existed •in the United Provinces of the Netherlands, to those who would plant a "colonic," (that is estab- lish a plantation) of fifty souls above fifteen years of age, within four years in New Netherland, after noti- fying the proper authorities of their intention so to do. The latter reduced the time to three years, and by it ail New Netherland was thrown open to the establishment of Patroonships, except the Island of ^Manhattan, which the Company reserved to itself. All Patroons under the first charter (Art V.) were liermitted, after nettling upon a location, to extend the limits of their "colonies," or plantations, four miles Dutch, {equal to nxteen English) along the shore on one side of a navigable river, or two miles {eight Eiiylish) ou each side of the same, at their option. This was restricted by the second charter, to one Dutch mile along a navagable river, or two miles landward. The latter also provided for a class of colonists, not Patroons, in these words "For Masters or Colonists, shall be acknowledged, those who will remove to New Netherland with five souls above fifteen years; to all ixt are enumerated the sole lights of hunting, fishing, fowling, and milling. These explain them- selves, except the last, — milling. This means, not the actual grinding, or manufacturing, but the right to erect, or control the erection of, all mills within the Patroonshi]). For every Patroon was to build a mill, or mills, for the use and ben 'H of the tenants or vassals, these terms being simple synonymous, of the Patroonship. These mills could, either be run by the Patroon or his agent, or rented by him to any one who wished to run them, at a fixed rent or toll. But the Patroon was in all cases bound to provide the mills and api)urtenance8 themselves. The Tenure by which the lands, rights, powers, privileges, and jurisdictions of the Patroons of New Netherland were held, is thus stated in the sixth article of the charter of 1629, ''to be holden from the Company as a perpetual inheritance, without it ever iThis nicHnfl "iHilitirnl antt judicial," tlio orijjiiml !)eiiip bflclly tmns- Ijitcfl, Soo Art. X, in tlie charter of 162!t, wliorp the Ittiigimge, " Is aa well in the iK)liticulaa the judicial guverniiieut." devolving again to the Company, and in case it should devolve, to be redeemed and re])ossessed with twenty guilders per colonic to be paid to this Company, at the Chamber here {Holland), or to their commander there {New Netherland) within a year and six weeks after the same occurs, each at the Chamber where he originally sailed from." This continued without change till 1640, when the revised charter of that year, stated the same tenure more fully, in these words, "the lands remaining allodial, but the juris- diction as of a perpetual hereditary fief, devolvable by death as well to females as to males, and fealty and homage for which is to be rendered to the Company, on each of such occasions with a pair of iron gaunt- lets, redeemable by twenty guilders within a year and six weeks, at the Assembly of the XIX here {in Amsterdam), or before the Governor there {in New Amfiterdam); with this understanding, that in case of division of said fief or jurisdiction, be it high, middle, or low, the parts shall be and remain of the same nature as was originally conferred on the whole, and fealty and homage must be rendered for each part thereof by a pair of iron gauntlets, redeemable by twenty guilders as aforesaid.'' The Dutch words translated in the above quotation "a perpetual hereditary fief," and in the sixth article of the charter of 1629 "a perpetual inheritance," mean more than these English renderings, and cn- press a technicality of the Dutch law which the latter does not convey. It is this. A fetid, or fief, (these terms are synonymous) is thus defined in the Dutch law, "an hereditary indivisible use over the immove- able property of another, with a mutual obligation of protection on the one side, and a duty of homage and service on the other."' Such a fief, undrr the law, "was not divisible, except by charter and i ^ed only per cajiita, or by stipulation in cases of intestacy, to the eldest male amongst the lawful children, or fur- ther descendants, of the last possessor; to males sprung from males, the nearest degree taking prece- dence of one more remote."'* These, the old fiefs of the Fatherland, were termed " recta feu da ," right fief*', and were the fiefs referred to in both the New Nether- land charters of "Freedoms and P^xemptions" and the above translations of them. As they Avere indivisiblt* and passed of right to the eldest male re])resentative of the last possessor, and did not depend upon the intestacy of a son, they were termed "undying" fiefs, as opposed to fiefs where the succession might be changed by stipulation at the time of the inves- titure, or afterwards, which last were also hereditary. These "old fiefs" were not transplanted to New Netherland by the charters of Freedoms and Exemp- tions, but the new fiefs created by virtue of those charters had merely the same rights of jurisdiction, hunting, fishing, fowling, and milling, as the old uii- « Heriwit's 0!\)tiu8, 230, \ I. BlLiil. \\\. THE ORIGIN AND HISTORY OF THE MANORS. 6S dying ones. In all other respects tliey were entirely dirt'erent. The jurisdiction of the Patroons and their Peignorial rights were held "as" of these undying fiefs, that is in the same manner as jurisdiction and geignorial rights were held under them. But the land itself, together with the produce, superficies, minerals, rivers and fountains thereof, was held hy a very diflerent tenure. That tenure was allodial, which means, not feudal, independent of a lord paramount. ''The lands remaining allodial hut the Jurisdiction as of a perpetual (undying) hereditary (i "' is the lan- guage of the charter of 1040. Then follows this radical change from the old fiefs, " devolvahle hy death as well to females as males," to women as well as to men, is the literal translation of the original words. Thus in New Netherland the right of suc- cession was extended to at least douhle the numher of persons, that it was under the old fiefs of the Father- land. Annexed to this right, was the provision that upon each person 8uccee, the new fiefs, by which all the land was there hold were purely allodial, with full right in the Patroons to sell in fee in whole or in jiart, and to devise it in whole or in part by will, free of all charges and incimi- brances, except the mere political acknowledgment of the West India Company as the ultimate paramount source of all title, the State. It was the most libcr.il land system, introduced upon the American Con- tinent; far more so than the English system ns intro- duced into the English Colonies, and the full feudal system, introduced into the American Colonies of France, Spain, and Portugal. It certainly did not "scatter" in New Netherland "the seeds of servitude* slavery, and aristocracy."' There were no "serfs" in the feudal sense, cither in the Dutch rei)ul)lic or its colony of Now Netherland. Slavery was, and had been, the universal, acknowledged, source of labor, the result of con(|ue»t originally, for centuries be- fore, and at that time — the 17th century — all over the world. And equally in all countries of civilization was the division of society into classes of diverse grades, and the existence of an aristocracy, the only one known, established, and existing; and every State and government then in being was based ujjon it. How futile then is the idea, that to these New Netherland charters of Freedoms and Exemptions is owing the introducing of all these institutions into what is now the State of New York. Had neither of these charters ever existed the "seeds" of all three of these institutions would have found their way thither because they were simply the universal in- stitutions of the highest human civilization at that era. The reason why it was possible for the liberal fiefs of New Netherland to be created, was the nature of the investiture required to establish the Patroons in their rights, the seizin or delivery of possession to them established by the charters. This in the old fiefs, and under the feudal system, in Eurojje gen- erally, was by an act of the lo'-l upon receiving the oath of fealty and the homage of the tenant or vhssmI, at which time tho latter also presented the lord with a fine, that is, a gift of some small article or tiling as a token of his fidelity. In the New Netherland fiefs by virtue of the charters this whole matter was changed. The delivery of the grant of the fief by the Governor and Council itself was tho livery of seizin, or investiture, of the possession in the Patroon. 1 Muiilton in bla IlUt. of N. Y., 387-8. 64 HISTORY OF WESTCHESTER COFNTY. And at that time the latter took the oath of alle- pinnce which was the " fealty," to the I'ompany, and did his "houiage," which waa simply by holding up hia hands in the presence of some other tenant, o^ the Company or Patroon, verbally acknowledging the Company as the ultimate possessor of the land, or as we should say, the State, requesting the Governor to invest him with the possession, and at the same time, presenting to him the pair of iron gauntlets (the hand armor of a coat of mail), or twenty guilders in money. They were thus under the Dutch law nova fcuda, new fieTs, as distinguished from the old fiefs described before; and the Company as the ultimate possessor of the land by its Governor's grant could, and didi make the new investiture that has been described. If a Patroon divided his patroonship, the same jurisdic- tion attached to each part, and the same kind of in- vestiture, had to be made for each part, as was pro- vided for the whole patroonship in the original grant. The numerous provisions of these charters relating to the trade, and other commercial privileges, granted to the Patroons do not re(iuire to be here considered. Neither do a few other provisions of a general nature. The twenty-sixth article of the charter of 1()29 as has been mentioned, provided that every one who "shall settle any colonic out of the limits of Manhat- ten Island, shall be obliged to satisfy the Indians for the land they shall settle upon," thus absolutely ])r()tecting the natives in the possession of their territories. The twenty-ninth article, in accordance with the political economy of Europe at that day, which taught ^hat colonies should be kept as markets for the produitions of the mother countries, prohibited all manufactures in New Nethcrland on pain of banish- ment. The thirtieth article of that of 1629, provided " that the company will use their endeavours to supply the colonists with as many blacks as they con- veniently can, on the conditions hereafter to be made; in such manner, however, that they shall not bo bound to do it for a longer time than they shall think proper." The charter of 1640, says, "The company shall exert itself to provide the patroons and colonists, on their order, with as nnmy blacks as possible, without however being further or longer obligated thereto than shall be agreeable." These pro- visions were simply to furnish the cheapest labor then known, and were in accordance with the manner and methods of colonizing at that day, and the views of that era, as to labor. It was a similar provision to those put in contracts in our day and generation, for build- ing railroads, canals, mines, and other enterprises, by syndicates and construction companies, and corpora- tions, by which, so many hundreds, or thousands, of laborers, black, yellow, or white, are to be furnished at such a price for such wages. Were slavery not now abolished everywhere except in the Spanish Colonies, these contracts now would call for slaves as the cheapest kind of labor. But one other subject of these charters remains to be c(msidered, and that is the religion they estab- lished in New Nethcrland. All the charters were approved and enacted as laws by the West India Company, and theStates-(ieneral ; the sovereign power of the Seven Provinces of the United Netherlands. The twenty-seventh article of the charter of 1629 is in th&se words, — "The Patroons and Colonists shall in particular and in the s|)eediest manner, endeavour to find out ways and means whereby they may sup- port a minister and school-master, that thus the service of God and Zeal for religion may not grow cool, and be neglected among them ; and that they do for the first, procure a comforter of the sick there." The charter of 1640 speaks much more strongly and directly : — " And no other Religion shall be publicly admitted in New Nethcrland except the Reformed, as it is at present preached and practiced in the United Netherlands ; and for this purpose the company shall provide and maintain good and suitable preachers, school-masters and comforters of the sick." By these provisions of the two charters was the Reformed Church of the Netherlands, the national established church of the Dutch Republic, made the established church of New Nethcrland. And as such it remained until the seizure of the province by the English in 1664. It was re-established at the recapture by the Dutch, nine years later, and only ceased as " the Establishment"|on the surrender of the province to Sir Edmund Andros, for the King of England, j)ur8uant to the treaty of Westminister, on the tenth of Novem- ber 1674. On this occasion the Dutch Governor, Colve, sent certain " articles " to Andros to which he required answers before surrendering, " for the satis- faction of the Dutch (iovernment and for the greater trancjuillity, of the good People of this Province." These related mainly to the settlement of debts, the validity of judgments during the Dutch administra- tion, the maintenance of the titles of the owners ot lauded property to its possession, and the position of the established church. Andros directed Mathias Nicolls, the former secretary under the English, to confer in person with Colve on these subjects. Nicolls satisfied Colve that Andros would give satisfactory answers as soon as he assumed the government, and this assurance was fully carried out. The article relating to the Church is in these words : — " that the inhabitants of the Dutch nation maybe allowed to retain their customary Church privileges in Divine Service and Church discipline." ' This was granted, and with the Province of New Nethcrland fell for- ever the "Establishment" of the Dutch Church. But from that day to this, that great and ven- erable Church has continued in the enjoyment of its creed, privileges, and property, as fully and as freely lIIDloa.,i70. THE ORIGIN AND HISTORY OF THE MANORS. 65 ns it dill, while having the power of the Province Government at its back to enforce its support and prohibit all doctrines it did not approve. And how strong this power wa», its dealings with the Lutherans, and with tiie tiuakers in Governor Stuyvesant's time, fully »*,te8t. At the beginning the maintenance of the Church though undertaken by the West India Company, was, under tiie charter of 1G2!), devolved by it upon the Patroons and Free Colonists ; but under that of 1640, and during theentiro Dutch dominion afterwiird, it was placed upon the Province Governnient, as the representative, or rather agent, of the West India Company, without however relieving the Patroons and Colonists from their obligations in regard to it. If they were in default, the Company itself was to maintain "the Established Church" through its Provincial (iovernment from its own revenues. Be- fore the charter of 1G29 the Company undertook the support of the church. This appears from a letter of the Rev. Jonas Michaelius, the first clergyman of the Dutch Church in New Nether- land to a brother clergyman at Amsterdam, the Rev. Adrianus Smoutius, dated August 11, 1628, wliich was discovered and first printed, only in 18.58, in a periodical of Amsterdam by Mr. J. J. Bodel Nijenhuia of that city, and subsequently translated and sent to the late Dr. Edmund B. O'CaUaghan then of Albany, the author of the "History of New Netherland," by the late Henry C. Murphy, then United States Minister at the Hague. The second volume of the " Holland Documents " translated and e gee clmrter of IIeiii{wten(l granted by GoTernor Kiofl, in 1044. Lawn N.N., 42. 8 Ilild, 479. * On Starch 17, 15ft4, Stiiyveeant and hie coiincn paaflod an ordinance, that all Bcliool-niaitera slioiild apjwar witli tlieir school-diildren every Wednetidiiy afternoon In tli chnrcli. tbat they might be catechised . by tUe ^liDiatera and £lderg. Laws uf M. N., 401. M HISTORY OF WESTCHESTER COUNTY. 1630 to 1634, as far complete as the Books of Patents and Town records now admit was 638, ns shown by the statement of O'Callaghan appended to the second volume of his histoi-y. It is not absolutely correct, but is sufficiently so as a very fair approximation. The territories and rights of the original Patroonships on both sides of the Hudson River, with but two exceptions, were subsecpienlly on account of the diffi- culties of their owners, with the West India Company, and the obstacles they met with in settling their lands, subseijuently bought back by the Company. Thus they became again part and parcel of the public domain, and as such were retransported and regranted to vari- ous individuals, by the Director and Council. That of New Amstel on the Delaware, was finally conceded to the city of Amsterdam in Holland, as late as 1056, and that city took upon itself the settlement and colonization of that Patroonship. The two exceptions to the re-purchase of the New York Patroonships, were those of Rensselaers-wyck and Colen-Donck, both of which continued in the possession of their Patroons. Space will not permit of even a brief account of the former, which, changed in 1705 to an English Manor, has continued to our own days, striking and interesting as it is. The latter, the only Patroonship established in West- chester County, will now be described. The Palroonihip of Colen-Donck. ( Yonie.rs.) In that portion of New Notherland which now constitutes the county of Westchester there existed under the Dutch dominion but one Patroonship. It was called Colen-Donck, in English "Donck's Col- ony," from the name of its Patroon, Adriaen van der Donck, to whom it was granted by Director Kieft and his Council in the year 1646.' It was granted as the sole property of one of the most noted and intelligent of the leading men of New Netherland. Public afl'uirs in which its Patroon was engaged almost immediately after it was granted, and his necessary absence in Holland, retarded its successful development. His death following shortly after his return, and its sale under the power he obtained to dispose of it by will, practically ter- minated it after an existence of only twenty years. Adriaen van der Donck, styled by the Director and Council of New Netherland in a summons to the Eev. Everardus Bogardus, dated the second of Janu- ary, 1646, "the Yoncker"'' was an educated Dutch gentleman, a native of Breda,* a graduate of the Uni- versity of Leyden, and a doctor of both the civil, and the canon, law, " utriusquc juris," as that degree was then expressed in Latin. He came to America 1 II. O'Col., 884 J I. Brod., 42U. « XIV. Col. HUt., 70. 8 I. Col. Hl«t., 477. in the autumn of 1641, in the service of Kiliaen van Rensselaer, the first Patroon of Rensselaerswyck, having been appointed in the early part of that year by that gentleman Schout-Fiscaal of the Patroonship of that name. This office, which, as shown before, combined the duties of a Sheriff and an Attorney- General, wan a most important one, and brought him into close ':onnection with the other officers, and the tenants, of Rensselaerswyck ; the rights and interests of all parties being in many particulars subject to his official action. His first instructions from the Patroon were dated July 18,1641, and his first account, still existing in the books of that colonic, begins on the itth of September following.* The above mention of van der Donck as " the Yoncker " is the earliest mention of that title as applied to him that I have found. As it is used in referring to a matter which oc- curred in 1645, it is clear that he was so called and known four years only after his arrival in America. The term is simply a corruption of " Jonkheer," son of a gentleman.* It is of interest, for, from this title so given to him who became in the succeeding year, 1646, the Patroon of Colen-Donck, is derived the name which that Patroonship, in common parlance, ever afterwards bore, and which is to-day perpetuated in the corporate name of the beautiful city which is em- braced within its limits — Yon(:ei-s. Van der Donck was the fii^st lawyer in New Nether- land, and of course in that part of it now New York. Lubbertus van Dincklagen, who was appointed Schout-Fiscaal and Vice Director of New Nether- land, 5th May, 1645, also a doctor of civil and canon law, was the second, and Dirk (Richard) van Sehel- luyne, who was also the first notary, commissioned 8th May, 1650, was the third. These first lawyers are mentioned here because their names are found appended to so very many of the early deeds, and public and private documents, of the earliest part of the Dutch dominion in New York. Prior to leaving Amsterdam, van der Donck, probably as part of the tc ms between them, received from Kiliaen von Rensselaer, a lease of the westerly half of the first island on the west side of the Hud- son below Albany then called Welysburgh, from van Wely, a relative of the Patroon. Later it was styled, "Castle Island," because upon its southern end was built the first fortified trading house erected by Cor- stiaensen under the charter of "The United New Netherland Company," of 14th October, 1614, and called Fort Nassau, which three years later, in 1617, was destroyed by a freshet. Subsequently, and till this day, from its proprietors, it was, and still is, known as Rensselaers Island. Here van der Donck erected a house and dwelt. In 1643 difliculties between him and Arendt von Curler, or Corlaer, the Patroon's commissary, occurred, and van der Donck, determin- ing to leave his position, undertook to arrange for the «I. 0'Cal.,3a7. e I, Brod. 421. THE ORIGIN AND HISTORY OF THE MANORS. 6t planting of a "Colonic" nt " Kntskill," of which he himself wns to be the Pntroon. Tliia was a violation of the sixth and twenty-Hi xth articles of the charter of Freedoms and Exemptions of 1()29, and the Patroon of Rensselaerswyck, on the H)th .September, 164.'^, Bent written orders to van Curler, to see that van der Dnnck desisted at once, being his "sworn officer," and if he did not, that he should "bo degraded from his office and left on his bowerie to complete his con- tracted lease without allowing him to depart." Tl .< effectually put an end to the project of the Katskill Colonic, van der Donck continued to perform his duties, and matters grew much easier with van (Uirler. On the 18th of .Fanuary, 1646, van der Donck's house burned down, at which very time he was negotiating for a sale of his lease to one Michael .Tansen, to which, as the Patroon's Commissary, van Curler had to assent. A new quarrel at once arose, as to whether the loss should fall on the Patroon as van der Donck claimed, or on the latter as van Curler insisted. The matter was finally referred to the Patroon in Hollnndj van der Donck left the island, and lived in a hut near Fort Orange, till spring, and then came down to New Amsterdam.' In the previous year, 1645, he had been of great assistance to Director Kieft in advancing the reriuisite funds, and settling the terms of peace with the Indians, which closed the wicked war that Kieft had wantonly begun two or three years before, and which proved so disa.strous to New Netherland.' The Patroon of Rensselaers- wyck, died at Amsterdam later in 1046, and with his death the connection of van der Donck with that Patroonship ceased, Nicolas Coorn sncceeding him in his office by the appointment of the executors of the late Patroon, Johannes van Wely and Wouter van Twiller. Van der Donck still desiring to become a Patroon, immediately occupied himself, on returning to New Amsterdam, in looking for a proper location. He finally selected the lower portion of what is now the county of Westchester and northern part of the city of New York, between the rivers Hudson and Har- lem, on the west and south, and the Bronx on the east. A choice which eminently proved his good taste and sound judgment. The Indian name for this region was Kcskeskick, and the Indian title to it was extinguished by its sale to the West India Com- pany by its Indian owners on the third of August, 16.39, in these words, " This day, date as below, ap- peared before meCornelis van Tienhoven, Secretary in New Netherland,Tequeemet, Rechgawac, Pachamiens, owners of Keskeskick, who in presence of the under- signed witnesses voluntarily and deliberately declare, that in consideration of a certain lot of merchandise, which they acknowledge to have received and accepted 1 I.O'ChU , N.N., MS, .138, !M\34fi ; I. Brod., 410, 420. 2 Vi.ii ,li!r I)oUck'« New Nethorlaud in I. N.Y. Hist. 9oc. Coll., 2d Series. maiidlUl. before the passing of this act, they have transferred, ceded, conveyed, and made over, as a true and lawful freehold, as they herewith transfer, cede, convey, and make over, to, and for the benefit of, the Genenil Incorporated West India Company, a piece of land, situate opposite to the flat on the Island of Manhat- tan, called Keskeskick, stretching lengthwise along the Kil, which runs behind the Island of Manhattan mostly east and west, and beginning at the head of the said Kil and running to opposite of the high hill by the flat, namely by the Great Kil, with all right, titles, Ac, Sic. Done at Fort Amsterdam, the 3d of August, 16.S9. cornelis van der hoylen, David Pieteksen de Vries, as witnesses, in my presence, Cornells van Tienhoven, Secretary. This instrument is rci rded in Book 6, G, of Patents page 30, in the Hi i retary of State's Office in Albany.'' By it was vested in the West India Com- pany the right of soil and possession of the Indians in the tract described. It will be noticed that it bears no marks of the Indians as signatories, but is only signed by the witnepses and the Secretary of the Province, difl'ering in this respect from the Indian Deeds of much later dates, and esi)ecially from those executed under the English rule. This was strictly in accord- ance with the Dutch Provincial " Ordinance," or law, enacted by the Director and Council of New Nether- land the year before the date of this deed, which, iis it is not generally known, is in full as follows ; — "TheJ'ree people" (/Ao«e not Pntroons, nnr boern or farm laborers) "having by petition requested Patents of the Lands which they are at present cul- tivating, the j)rayer of the Petitioners is granted, on condition that at the expiration of Ten years after entering upon their Plantation, they shall pay yearly to the Company the Tenth of all crojjs which God the Lord shall grant to the field; also from this time forth, one couple of ca[)ons for a house and lot." This ordinance of the Director and Council was passed on the 24th June, 1638.' On the 19lh of the following August another ordi- nance was passed by the same high authority, in which occurs this clause providing that all legal documents, shall be drawn up by the Secretary of the Province ; — " Likewise, that, from now lienceforsvard, no instruments, whether contracts, obligations, leases, or Bills of Sale, orsucli ike writings of what nature soever they be, and concerning which any dispute sitisalsopiliilpd in XIII. Col. Hist., B. *LawH N. N., Ifi. This law wna the origin oftbo "four fat fowU" cIhuso uf tile nmnorial loasoa in New Yori<. The " teiitlis " ' » form of rental, the recompenfo to tlu> Cuiiipany and the Putroona fur their outlay and expense In settling their lands. 68 HISTORY OF WESTCHESTER COUNTY. may arise, sliall be held valid by the Director and Council, unlofw they shall be written by the Secretury of this place. Let every one take warning and save himself from damage. Thin done and published in Fort Amsterdam this 19th of August, lli38."' The witnesses to the above instrument were well known men of mark at that day. The name of the first correctly entered should have been Cornelis van der HoyAren, or van der Huyghens, as the name was truly spelled. He was, on July llUh, 1G8!), just pre- vious to the date of this deed, appointed the Sehout- Fiscaal, orSherifl'und Attorney-tienerul, of the Prov ince, served for several years, and was drowned on the voyage to Holland in 1G47 with Governor Kieft. David Pietersen de Vries was tiie famous- navigator, Ihe author of the "Journal notes of severiil voy'.',;c8 in Europe, Africa, Asia and America," one of the earliest and most authentic writers on NewNetherland, He was also a Patroon of Swunandael on the Dela- ware, of another Patroonsliip upon Staten Island, and in the words of Hrodhead, was " frank, honest, relig- ious, and a sincere advocate of the true interesta of New Netherland." ' Cornelis Tienhoven the Secretary, so long in office under Kieft and Stuyvcsant, and often their envoy to the different English Colonies, and active in other public positions in New Amsterdam is so well known as to need no further mention. Van dor Donck began his settlement on the banks of the Neperhaein, or, as more lately termed, the Neperan near its c(mfluence with the Hudson, erect- ing a saw mill, and otiier improvements incident to such ar: crileiprise, at that plate. From this mill the Btrea.n derived its Dutch name -a' 8aeg-Kill, or Saw- Kill, and the English one, by which it continues to be known, the " Saw-Mill River." For his own residence and home plantation, he selected the southern end of the beautiful peninsula, or tide island as it really wns. and the meadows immediately about it, w tiicli the Indi- ans called Papirinemen, directly opposite the north- ernmost extremity of Manhattan Island, almost sur- rounded by the waters of the same name, connecting the Spyt-den-Duyvel Creek, on the west, with the Great Kill, or Harlem River on the east; and upon which afterward was erected the first bridge connect- ing Manhattan Island with the mainland of West- chester County, then, and to this day called Kings- bridge.'' He also cultivated the ancient corn grounds of the former Indian owners, now the beautiful flat surrounding the old "Cortlandt House" soon to be the parade-ground of the new " Van Cortlandt Park ; " that estate which has continued in the family for nearly two centuries, having now been wisely acquired by the City of New York for a grand sub- urban park. Becoming engaged, as a leader, in the disputes » Laws N. N., 17. s Vol. I. 381, note. » VttU doi- Djuck'8 Letter. Hiker's Hiirlein, 103. between the people of New Amsterdam and Governor Stuyvesan'. as the representative of the West India Conipa. y, he could not give his Patroonsliip the attention it needed. Three years after tlio grant to him ol Polen-Donck by Governor Kieft, the troubles with Htuyvestant came to a head. The Commonalty of the " Province of New Netherland," drew up by a committee, a Petition to the States-General lor a redress of their grievances, dated July 2(3th, 164!); the draughtsman, and fir^t signer, of which was Adriaen van der Donck. This Petition, wiili a full '■xplanation in the form of notes, also by van der 1 '"lick and signed by hi;ii /:nd the others of the com- iiiittec was transmitted U, Holland.' Two days later on the '2>'th of July, was als': ;ii' ,ied the famous "KiMionsli-ance," or '' Verto(l^;^' of van der Donck, giving a long, detailed, history ■ . the discovery, pro- ductions, settlement, and alleged misgovernmcnt of the New Netherland by the ollicers of the West India Company. Van der Donck, Jacob van Couwenhoven, and Jon Everts Bout, were appointed by the Commonalty a delegation to proceed to Holland and lay these docu- ments before the States-(ienerul and the West India Company and ask for a redress of what they I'eemed oj'pression. On the 12th of the succeeding .\tigust, v>.n Dincklagen the Vice-Director under Sti>' 'esant, but not favored by him, sent a letter to the States- General, in which he says, " whereas the Condition of that most fertile New Netherland is seriously impair- ed by the war,'' and the Commonalty hath resolved on a delegation of three of ihe Nine Selectmen in order that your High J.'^ightinesses iiiayot)taiii full and thorough information <.n every point, [and] I have not been able to dissundi, them therefrom. I cannot but say they intend wiiat is right. These persons are thoroughly conversant with the situation of the coun- try. I hope your High Mightinesses will be pleaded thereby and extend to them a favorable audience, and give them despatch as soon as your High Mighti- nesses' more weighty affairs will permit, as the people are very anxious." " These papers were received on the 13th of October, 164l>, by the Statas-General from the delegates, and referred to a special committee to examine and report upon them. On the 31st of January, ItWO, the < mi- mittee reported adversely to the Petitioners, an^' ring their documents article by article, and 'i'.\nf^ ■ ',rong language.^ The delegates replied by a funl.et short petition on the 7th of February following, which was also referred to a special committee.* Other com- munications were subsequently received and referred. Finally their committee reported to the States-Gen- eral a long, detailed, and very full "Provisional Order respecting the Government, Preservation and Peo- * I. Col. Hint, 2ft9, 270. ''' K ieft'a lute war with the IiidlanB la here referred to, •1. Col. HlBt.,;il». 1 1 Col. Ili»t., MS, etc. SILld., MO. THK ORir.IX AND HISTORY OP THE MANORS. w plintf of New Netherlnnd on April 11, ItirtO." Tt con- tiiinffi twenty-one gcctionH materially modifying thu action of the West Inclia Conipany, — and one of which instructed Stuyvcuant to return to Holland.' The Company oppo«eulation. On the lull of March, KJM, he and the other delegates, concluded a contract " to charter a suitable fly boat of two hundred lagts, and therein to go to sea on the 1st of June next, and convey to New Netherland the number of two hundred passengers, of which one hundred are to be farmers and farm servants, and the remaining one hundred such as the Anisterdum Chamber is accustomed to send over, <'onversant with agriculture, and to furnish them with 8iipplie> fi>i the voyage," on condition that the con- triictors should be allowed four thousand guilders from the export duties on New Netherland freightF, "to pay present expenses," and the further sum of seven thousand guilders from the peltry duties at New Amsterdam; and in ease of failure by the eon- tractors they were to restore the four thousand guil- ders, and forfeit, besides, two thousand guilders more of their own funds.* Van Couwenhoven and Bout returned to New Netherland with a copy of the "Provisional Order," arriving there on the 28th of June,* leaving van der Donck in Holland to complete the business of the delegation, and return when the redress was actually voted. Failing to obtain action, van der Donck, on the 14th January, l(i.51, presented the 8tate8-(}eneriil, with a further petition " again praying that a speedy and necessary redress may be concluded on, in regard to the affairs of New Netherland." Stuyvesant declined to obey the " Provisional order," except in some minor matters, and opposed it l)y strong despatches to the company, while his Secre- tiiry van Tienhoven was already in Holland fighting van der Donck strenuously before the authorities there. On the 10th of February, 16r)2, nothing having been finally determined, still another rej)rcsentation of the contumacy of Stuyvesant, and the continued bad state of New Netherland, and the necessity for an act of redress of their grievances was made by van der Donck. It thus concludes, — "the said delegate of the Commonalty of New Netherland again humbly prays and requests your High Mightinesses to be 1 1. Col. IIW., 387. •Ibid., 401. sihlil., 3!i:i. * I. Cul. Hist,, 370. >I. Colonial Hlrt., 447. pleased to dispose favorably of the aforesaid, in order that he, the delegate, may leave by the first ship this spring on his return for New Netherlan55, about two years after his return to America,' and in the same year the first edition of his work that we now have, was issued in Amsterdam, with a view of New Amsterdam inserted." A second edition was issued in 10.5(), also in Amsterdam, without the view, but containing a nnip of New Netherland. This book was entillcill "' Iteschryvin I. van Niew Nederlundt," or, " A Description of New Netherland" (such as it now in) Comprehending the nature, character, situation and Fruitfulness of «I. Col. Hist., 47I', ITS. rietors by Adriaen van der Donck, deceased, whose relict, ^lary, the wife of Hugh O'Ncale, one of the paten- tees is, and due satisfaction was also given for the same, as bath by some of the said Indians been ac- kiiowledged before me; Now for a further confirma- tion unto them, the said Hugh O'Ncale and Mary his wife, relict of the aforesaid Adriaen van vhich bears .day Oc- tober 8th, 1666. From this patent it is clear that no part of the patroonsliip had been parted with since van der Donck's death in 1655. And from the fact that on the HDth of the same October in the sime year in which this patent was granted, only twenty-two days afterward, the first conveyance under it was made by O'Neale and his wife, it seems evident that it was obtained simply as a confirmation of the original title, and an acknowledgment of its validity, by the New English government, in order to make the sale alluded to. This sale of the tract, on October 30th, 1666, was made to Elias Doughty, of Flushin™, Long Island, who was the son of the Rev. PVancis Doughty, and a brother of van der Donck's widow, the then wife of Hugh O'Neale, and vested the entire Patroonship in him. Elias Doughty at once began the fale of it in different parcels to diilbrent individuals iii fee. On the first of March, 1667, four months after he had become its owner Elias Doughty sold to John Arcer, or Archer, as this Dutch name was Anglicised," "four score acres of upland and thirty of meadow betwixt Broncx river & y" watering place at the end of the Island of Manhattans,"' which four years later^ with some adjoining jmrchases of lands, was erected in his favor into the Manor of Fordham by Gover- nor Lovelace on the l.'tth of November, 1771. On June 7th, 1()68, Doughty sold to .lohn Heddy * of Westchester a tract of three hundred and twenty acres, now part of the old van Cortiandt estate, re- cently taken for van Cortiandt Park. The next month, on the (lib of July, l(i68, Elias Doughty sold to George Tippitt and William Hetts another piece of Colen-Donck, thus described: "A parcell of land& meadow to ye Patent to William Hetts and George Tipi)ett who are in possession of a part of the same land formerly owned by old Youncker van der Donck which runs west to Hudson's river it east to Hroncks River, with all the upland from Broncks River south to Westchester Path, & so runs due east and north I Tliu Neveraiiik Iliglilnnila in Now Jeney. •Ulker'n Hiiilimi, i78. n>(ioil Ilnnk III., IM. Allmny. 4TliU Ukiiiu, apollud uliu"i/cuiU^," wusrually, It li)buUeved,"/fiiit. SM. lli- was ii iiicro fjirmor ami llio inventory In hut n ll»t iit fiirm stixk anil cimininn limiw' iitonnllH. It, Iioh- uvt-r, thiiri ilcM^rtbt'A liis fiiriii, — ** Uvm, n triu-t of liiixl iiiid incadttw ptii- ohnscitof Klliia IloiiKlity, with tint liwellhiK-huiiso, urcliuiil siiil luriiii niiw Htunilini; »ii tin' siilil liiinl,— £l(l Tliu I'l'iiiintlciit Piitciit, gmiitivl to the Now Ilnven auU Hartfurd wt- tlemellH uti tlic '2:M of April, Ii;(U. I'SpfclHl |Hiti>titNtiitil clinrt('n», lik« tlioM> nmlfi- KngllAli law, weit* uot Tavuruil liy tbu lluiiiuu Dutch luw uf iiulluuU. 74 HISTORY OF WESTCHESTER COUNTY. emptiona, and by them possessed at the expense of vast labor, bloody fatigue, and the outpouring of countless drops of sweat." ' The formal enactment of the W. I. Company's Charter of Privileges by the States-General, and of the different charters of " Freedoms and Exemptions " were amply sufficient for all purposes under the Law of the United Provinces, to vest perfect titles to all lands granted under them in New Netherland. The English of Hartford and New Haven, only obtained their Charter of Connecticut from Charles II., on the 23d of April, 1662. Not till after they got this document, did they seriously claim that the Dutch had no title by patent from the States- General. The claim was baseless, and only made as a cover for encroachment. Ten days after the above Remonstrance was draws up and, later, on the 10th of November, 1(U)3, Di- rector Stuyvesant, in a despatch referring to it, also fully and vigorously warns the Company in Holland, in these words ; — " In regard to the unrighteous, stubborn, impudent, and pertinacious proceedings of the English at Hart- ford, I can only repeat what has for many years past, and especially these two last, been so frequently stated, set forth, and requested ; all which neither time, nor o|)portunity, permits ns to relate and include herein. Your Honors will be able to see from the in- closures, what efforts have been made agreeably to your Honors letters, to conclude, in this country, a settlement of the Boundary with our neighbors. It was first attempted by the Director-General in person at the geneiai meeting of the four Englij-h Colonies at Boston ; and since on the advice of three of the Colonies,' by our Commissioners, viz : Mr. Cornelis van Ruyven, Secretary Oloff Stevens Cortlandt, Bur- gomaster of this city, and John Laurens (Lawrence), burgher and merchant, made to the General Court, or Legislature, at Hartford. " On reading over both journals, your Honors will not only perceive the impossibility of effecting any- thing here, unless all be given uj) to them, hardly ex- cepting alone what the Dutch Nation justly possessed and settled on Manhatans Island and on the North River. "By virtue of a patent signed in the year 1626, Bos- ton [Afafmchmeitg] claims whatever is north of 42A depfrees. East and West, from one sea to the other. This line includes the whole of the Colonic of Rens- selaere-Wyck, the village of Bever-wyck, and all the Mohawk and Seneca country. Again, the General Court at Hartford lay claim to, and demand, in vir- tue of the newly obtained patent Ithat for Connrc- Ucut of 1662], all the country lying South of the afore- said line of 42J degrees, and westerly until it touche» another Royal Patent, and therein include all of New m. Col, Hint., «8. ^HiuMutiuaeiu UeclliMKi to Ikke part la til* woond conftrenc*. Netherland, south to the seacoast, and west to a Royal patent ; and furthermore declare positively ; — '• Firtt. Contrary to the advice of the other three colonies, that the treaty concluded at Hartford, An". 1650, is null and void. "tkeondly. That they will dissolve the Union with the other three colonies, [rather] than acquiesce, to the prejudice of their patent, in the advice of the Commissioners at Boston. " Thirdly. They know no New Netherland, nor gov- ernment of New Netherland, except only the Dutch plantation on the Island of Manhatan. " Fuiirth/t/. They will and must take Westchester, and all the English towns on Long Island, under tl eir protection, by virtue of their patent, without being obliged to wait for any further order of the King, since such was their understanding. "Mfthli/ and lantly. 'Tisevidentand clear from their repeated declaration, that were Westchester and the five English towns on Long Island,' surrendered by us to the Colony of Hartford, and what we have justly possessed and settled on Long Island left to us, it would not satisfy them, because it would not be pos- sible to bring them sufficiently to any further arrange- ment with us by commissioners to be chosen on both sides by the mediation of a third party; and as in case of disagreement, they assert in addition, that they may possess and occupy, in virtue of their un- limited patent,* the lands lying vacant and unsettled on both sides of the North River and ci>iewhere, which would certainly always cause and create new preten- sions and disputes, even though the Boundary were provisionally settled here." He further says, that if a settlement of all disputes cannot be obtained and ef- fected through their High Mightintsses with "Ambas- sador Douwning,"°and by them both, and their High Mightintsses Resident in England, with his Majesty, "by next spring, one of two things is certainly and assuredly to be apprehended ; — bloodshed, and with bloodshed, which they seem only to wish, loss of all we possess, if proper, active, opposition be not offered to the English or their daily encroachments and in- trusions; reducing under their obedience now this, and then that, place, and occupying suitable spots, here and there, up the North river, and elsewhere, abundance of which are yet unpeopled and unset- tled." • But the clear-headed and patriotic Director-General was greatly mistaken in " Ambassador Douwning," or rather in his expectation that that envoy would aid in bringing matters to a settlement. Sir George Down- ing was as inimical to the Dutch nation as Governor Winthrop or any other Connecticut Englishman. He had been long iu Holland under Cromwell and dis- ■GmvpKiKl, H<'iii|iii(«icl, riiuliiDg, Newtown and Jamaica. * Itfl clafiii WHH wefltwnrd to ilio sea, 'Sir Klclianl Duwuing, tlie EngllsU enToy Iu Holland at that tlma. •II. Col. Hiit. THE ORIGIN AND HISTORY OF THE MANORS. 75 liked iind feared the Dutch. When it was evident that Charles the 2d would be restored, he hastened to make his peace with him, and the Duke of York, before they left the Netherlands. Sharp, unprincipled, and determined to break down Dutch power, and Dutch commercial supremacy, if he could, lie was the last man to give any assistance to effect such a solution of the Dutch and English difficulties as Stuyvesant desired. The Duke of York, though he should not have pos- sessed such feelings towards the people who had be- friended his brother and himself in their exile, also was personally unfriendly to the Dutch Nation. Certain libels against him though punished by the Dutch courts, had not been punished as thoroughly, or as soon, as he wished. The Dutch West India Company in trading under their charter to the Guinea coa8t,in- torfered with the business of the Eoyfll African Com- pany of which he was the Governor, lie complained of the Dutch on this account before the English Parlia- ment, and, of his own authority as Lord High Admiral, sent a fleet to harass them on the coast of Africa. There- fore it was as a matter of revenge, as well as hoped for profit, thathe obtained from Charles the 2d on the 12th of March, 16C4, O. S.,' only a year and eleven months after the date of the Connecticut Colony's Patent, a gift by patent of the whole of New Netherland, based on the sailing along its coast by the Cabots, in the reign of Henry VII., without proof of their having seen it, and though no actual jiossession of it was ever taken by them or anybody else, prior to the discovery, and actual settlement, by the Dutch, a hundred years and a little more afterwards. There was actual peace be- tween the Dutch and English nations at the date of the patent, and at the time of the seizure by the latter, though war broke out soon afterward ; a fact which deepened the flagrancy of one of the moststriking in- stances of the rapacity and wickedness of a strong people dealing with a weaker one, in all history. Borrowing four vessels of the English navy, of which he was Lord High Admiral, the Duke of York sent an expedition under tlie command of Colonel llichard Nicolls, with Sir Robert Carr, George Cart- wright and Samuel Mavericke as co-coininissioners with Mathias Nicolls, subsequently Secretary for New York, and a few other English officers, in com- mand of about 450 men, to visit the Plantations in New England, and to "reduce" the Dutch Province of New Netherland " to an entire obedience to our government" as their instructions from the King expressed it.' These instructions, and the special communications from Charles 2d to Massachusetts and Connecticut in relation to the commission and its powers were dated the 23d of April, 1664, n» well as his "Private Instructions" which were only to be considered by the commissioners between < The orlglnitl, a beftutlfiil MS. !■ In th« Sate Library at AlUo;, It la prliite.1 ill !I. Col. Hist. 2US ; Urixl. II, 051. 9 III. Cul. UUt., 62. themselves.' The Royal Commission to Nicolls and the others, was dated two days later, on the 25th of April, 1664. The latter, strange to say, does not mention, or even refer to. New Netherland.* Why this remarkable omission was made is not now known, but such is the fact. On the second of April, 1664, three weeks previously, the Duke of York had given Colonel Richard Nicolls a com- mission from himself as his Deputy Governor. This document after reciting the King's Patent to him- self, and a brief description of the boundaries therein set forth, continues: — "And whereas I have con- ceived a good opinion of the integrity, prudence, ability, and fitness of Richard Nicolls, Enquire, to be employed as my Deputy there, I have thought fit to constitute and appoint, and I do hereby con- stitute and appoint him the said liichard Nicolls, Esijuire, to be my Deputy Governor within the lands. Islands, and places afort'said, To perform and execute all and every the powers which are by the said Let- ters Patent granted unto me to be executed by my Deputy Agent or Assign. To Have and to Holi> the said place of Deputy-Governor unto the said Richard Nicolln Esquire, during my will and pleasure only ; Hereby willing, and rcfiuiring, all and every the Inhabitants of the said Lands, Islands, and places, to give obedience to him the said Richard Nicolls, in all things according to the tenor of his Majesty's said Letters Pattent."* Under the King's Patent of the 12th March, 1664, and these Instructions and commissions from Charleit 2d, and the Duke of York, the forcible seizure and annexation of the Province of New Netherland to the English Kingdom was effected. The expedition, consisting of thoGuinea of 36guns, Capt. Hugh Hyde, the Kllias of 30 guns, Capt. William Hill, the Martin of 16 guns, Cai)t. Edward Grove, and the William and Nicholas, Ca|)t. Morley, of 10 guns, carrying the commissioners and a body of troops, abinit 450 in number, sailed from Portsmouth on the 15th of May, 1664. Niiolls the commander-in-chief and Cartwright embiirked in the Guinea, and Carr and Mavericke in the Martin. Their orders were to rendezvous in Gardiner's Bay, at the east end of Long Island. The voyage was long, the vessels got sepa- rated, and the Martin, and Nicholas and William, were obliged to run into Piscataway (Portsmouth) New Hampshire on the 20th of July, 1664, whence Mavericke the same day wrote the following brief ac- count of the voyage to Capt. Breedon of Boston ; — " It hath pleased God (after a tedious voyage of nenre ten weeks time) That two of our ships arrived here this afternoon at Pascataway where wee hourly ex- pect our other two; the Guiney comanded by Capt. Hyde wee loat s'ght of this day se' night, and Capt. « Itild., 61-03. 4 Ibid., 04. > Ikiuli uf I'HloiitH, Allmiiy, II. 110-118)11. Ili-uil., l.')3 ; Leaniiug nnd 8t>lcui''i Jena) Lun's, mil. 76 HISTORY OF WESTCHESTER COUNTY. « ♦ •» * our Hill with the Elyaa on Sunday last. stay here being only for a little water and our other shipps, which if they come not in time, we must go to our appointed port in Long Island." Three days later, on the 23d of July, the Guineaand Elias arrived at Boston. Nicolls wrote at once to Thomas Willet at riymouth, and Gov. Winthrop at Hartford, and ap- plied for assistance. On the 29th of July the vessels from "Pascataway" arrived at Boston. Further letters from Nicolls were sent to Winthrop asking for aid, and to Thomas Willets at Plymouth, and direct- ing them to meet the expedition at the west, instead of the east, end of Long Island. A few days later the ships sailed, and juloted by New Englanders, came direct to New Utrecht, or Nayack, Bay, now called Gravesend Bay, between the west end of Coney Island and the main, the Guinea arrivingon the 25th of August, and the other three vessels three days later, on the 28th, Winthrop with other Connecticut othcials, and armed men, from that colony and the east end of Long Island, met them there, as well as Thomas Clarke and John Pynchon, of Boston, with offers of military aid from Massachusetts. On the 8th of the preceding July Thomas Willett had heard, from a young man of the name of Lord, a rumor from Boston, that an expedition had sailed from England to attack New Netherland, and iramadiately informed Governor Stuyvesant, but subsequently, for some reason, alleged that the troops had disembarked, that Commissioners to settle the boundaries were appoiuted, and that there was no danger. This put an end to Stuyvesant's anxiety, and he went to Albany to settle a quarrel among the Indiana in that neighborhood. He was also lulled into security by the receipt of a despatch from the Directors at Amsterdam that no danger from England need be entertained as the King only wanted to reduce his own colonies to uniformity in church and State.' The truth was, that the Directors of the Company, intently engaged in the public affairs of Holland (it was the period of John de Witt's ascen- dancy and the efforts of the Prince of Orange's party to destroy it) really neglected New Netherland, and their own interests there, giving both such slight at- tention, as not only disappointed itspen])le, and their own officials, but facilitated, the trea( ous action of the English King, and inclined its inh. nts to yield with less resistance ai 1 feeling to his military power, than they otherwise \\>>uld. Of course no real resistance,''' greatly as he desired to make it, could be offered, by Director-General Stuyvesant, and his people; and after several days negotiations. Articles of Capitulation were definitely settled by a commission, composed of John De Decker, Nicholas Varleth, Samuel Megapolensis, Cornells Steenwyck, Jacques Cousseau, and Oloff Stevens 1 II. OCaU., 617. n Tlie (letailH of Stuy vomnt's action at this cri«iB are too nnmoniiiH to be ftiv»n in an easiy of tills kind, anil are so Konirully kuuwu, at U'aat in tliulr uiillliK's, a» Mot to neud fnitlioi mention. van Cortlandt, on the part of Director Stuyvesant, and Robert Carr, George Carteret, John Win- throp, Samuel Willys, John Pynchon, {the latter three of Connecticut), and Thomas Clarke (o/ Ma»- aachusetls) on the part of Governor Nicolls, and con- sented to by both. The negotiations took place, and the terms were finally agreed upon, on Saturdaj, September 6th, 1664, at Gov. Stuyvesant's house 'n the Bowery. This house, as I have been told by the Hon. Hamilton Fish, now the oldest living descend- ant of Stuyvesant, stood on what is now the block between 12th and 13th Streets facing the Third Avenue, as that part of the Bowery road is now called, and on the east side of that avenue. The old Stuy- vesant pear tree which stood till within a few years at the north east corner of 13th St. and Third Avenue was one the Governor planted in his garden. Nicolls ratified the articles the same day. The next day was Sunday, during which the Director-General and his Council considered them, and early on the morning of the succeeding day, Mon- day, September 8th, 1664, ratified them. About eleven o'clock of the same morning Stuyvesant marched out of the fort with the honors of war, at the head of the Dutch regulars, about 150 in number, and through Beaver street to the ship "Gideon," in which they were at once embarked for Holland, though she did not sail till some days later. A corporal's guard of the Eng- lish took possession of the fort as the Dutch marched out. " Col. Nicolls's and Sir Robert Carr's compan- ies one hundred and sixty-eight strong, foruied into six columns of about thirty men each, next entered New Amsterdam ; whilst Sir George Cartwright oc- cupied with his men the city gates and Town Hall." The volunteers from Connecticut and Long Island, were detained at the ferry at " Brenkelen," " as the citizens dreaded most being plundered by them." Finally the Burgomasters having proclaimed Nicolls Governor, he called Fort Amsterdam " Fort James," and the name of the city and Province he changed to " New York." ' Thus ended the Dutch dominion in America, and thus forever passed away the great Batavian Province of New Netherland from the Re- public of the United Netherlands. * The Articles of Capitulation were twenty-three in number, and never were more favorable terms granted by a superior power. Great prudence on one side was met by great liberality on the other, and Nicolls proved that he was all that his commission as Dep- uty-Governor described him, honest, prudent, able, and fit. It would be foreign to our purpose to discuss these Articles of Capitulation, or as usually teruied "Surrender," at length.* Those only which bear upon our subject will be mentioned, viz — the third, eighth, eleventh, twelfth, sixteenth, and twenty-first. They are as follows : — "II. O'Call., 530. 'Tlieyarelolwfunnil In II. Col., HItt., ZSO;!. Brod., 762, and In many otbur Itiijtui'ii'al woiko. THE ORIGIN AND HISTORY OF THE MANORS. 77 " III. All people shall still continue free denizens, and shall enjoy their lands, houses, goods, wheresoever they are within this country, and dispose of them as they please. " VIII. The Dutch here shall enjoy the liberty of their consciences in divine worship and church dis- cipline. " XI. The Dutch here shall enjoy their own customs concerning their inheritances. " XII. All publique writings and records, which concern the inheritances of any people, or the regle- ment [regulaHon] of the church, or poor, or orphans shall be carefully kept by those in whose hands now they are, and such writings as particularly concern the States-General may at any time be sent to them. "XVI. All inferior civil officers and magistrates shall continue as now they are (if they please) till the customary time of new elections, and then new ones to be chosen by themselves, provided that such new chosen magistrates shall take the oath of allegiance to his majesty of England before they enter upon their office. "XXI. That the town of Manhattans shall choose Deputyes, and those Deputyes shall have free voyces in all publique affaires as much as any other Depu- tyes." Hy the third, eighth, eleventh, and twelfth, all Dutch grants of land under the former laws and or- dinances, of the Province, and under the Rtmian- Dutch law, were acknowledged as valid, and the possession of them confirmed to their owners, as well as their former power of disposing of them by will, and all legal incidents thereto appertaining. This settled the question of the holding of the lands by theirowners, at once, and proved that there would be no confiscation, or other interference with them, and no imposing of any English law of inheritance. The sixteenth article confirmed and continued in their offices all the civil magistrates and officers of every grade in the country, from the highest to the lowest, and provided for the election of their success- ors, under the existing Dutch laws, conditioned only that the new officers, should take the oath of alle- giance to their new English King. No such oath was wisely demanded of the old ones, and the administra- tion of justice, not only in regard vO lands, but in all its forms, went on precisely as if no change of govern- ment had taken place. The twenty-first article confirmed to the City of New York, all the civil rights and powers it had un- der its former organization, and under the Assem- blies which had been called, and in which it had been represented, during Stuyvesant's administration. Its lands were preserved to it, and all rights in rela- tion thereto, by the same articles, which preserved the other lands of the province to their respective owners, as well as all the municipal rights, powers, and privileges the city possessed under the Dutch rule. The Eighth article, in connexion with the twelfth, preserved, maintained, and continued, to the Estab- lished Dutch Church all its rights, privileges, and im- munities of creed and worship, and guaranteed to it freedom of conscience and church discipline, as well as the continuance of its regulations, as to its own concerns, and to the poor and to orphans, in the same hands, and under the same control, that they had ever been. Rut these articles did not continue it as the Established Church of the Province, or provide for its maintenance and control as such, by the government, or rather, through the government, as had been the case under the West India Company, and all the Charters of Freedoms and exemptions from the first to the last. They did however continue and guaran- tee to it everything else. Its binds and all its rights of property were guaranteed and continued to it by the same third, eighth, eleventh and twelfth articles, which guaranteed and maintained all the other land- holders of the Province in their rights of possession and property in their realty. In short the Dutch Church was acknowledged in its existence, confirmed in its creed, discipline, and worship, maintained in the possession of its property, and guaranteed in its rights in every respect and in every way. Nothing was altered, nothing abrogated, except its position as the Established Church of New Netherland. That was determined by the fall of the Dutch Province. Hoth were ended by the surrender to England. The new Province of New York had during its whole ex- istence no connexion officially, with the Dutch Church, or any other church, except "the Church of England as by law established." When the Province was recaptured by the Dutch on the 8th of August 1673 the Dutch Church was re- established in all her rights, privileges, and powers, as she originally possessed them. And when the sec- ond surrender to the English was made pursuant to the treaty of Westminster in September 1674, all were guaranteed to her again precisely as in 1664, except, of course, her position as an establishment; and she was also permitted to keep uj) her ecclesiastical con- nexion with, and subjection to, the ecclesiastical bodies of the Established Church of Holland, a con- nexion and dependence which continued unimpaired until the close of the American Revolution more than a century later. The position of the Dutch Church as an Established Church, was the reason why it was so particularly guarded, and provided for, in the Articles of Capitulation of 1664, and again in the special articles of surrender formulated by Governor Colve, and carric The principle the English acted on, was, that as regards the territory of New Netherland, the right of conquest governed, and the King could institute therein such form of government, system of laws and other in- stitutions, as he pleased. This view was not at all satis- factory to the owners and holders of land under Con- necticut titles in Suffolk County, Long Island, who were the very earliest to obtain new grants and patents from the Duke of York. The towns there took out patents from the Duke, with extreme reluctance, but they did it, nevertheless. Among these patents were that of Smithtown to Richard Smith of the 8d of March, 1665, that for Gardiner's Island in the same year, and that for Shelter Island to the Sylvesters of June Ist, 1666. The principle just mentioned was essentially modi- fied in its application by two things. It was limited by the terms of the Articles of Surrender, which bound the conqueror as well as the conquered. And it was also limited by that rule of the law of nations, which provides that the ancient laws of a conquered people remain in force till changed by the conqueror. Under these instruments and principles the rule of England, and the Lord Proprietorship of the Duke of York had its beginning in the "Province of New York in America." That Proprietorship lasted twen- ty-one years, (excepting only the fifteen months of the Dutch reconquest), ending on the 6th of February, 168.5, on which day, by the death of his brother. King Charles, the Duke became James the Second, King of England. His Proprietary rights merging in those of the Crown on his accession to the throne, New York became thenceforward a Royal Province under a Royal Government, uncontrolled by any charter. From that time till the close of the Amer- ican Revolution by the Peace of 1 783, she so remained, the freest and most flourishing of all the British American Provinces, ruled by her own people, enact- ing her own laws, supporting her own government > See Patent. THE ORIGLV AND HISTORY OF THE MANORS. 79 and local institutions by taxation imposed by her own elected Legislature, audby lierown parish, town, and county authorities. The slight interruption, by the Dutch reconquest from the 9th of August, 1G73, to the 10th of Novem- ber, 1074, did not, except for the time being, change the character of the Proprietorship of the Duke of York in point of fact. But m the Province was re- stored by the Dutch to England ua u cnn(|Ue8t under a treaty and a formal surrender of it pursuant to such treaty, the crown lawyers in England held that the Dutch reconqueat in 1673 terminated the Duke's Proprietorship; and that the renamed Province of New Netherland was vested anew in Charles the Second as King solely by the treaty of Westminster in 1C74. Therefore a new Patent was granted by tli« King to the Duke on the 29th of June, 1C74. It was almost in the same words as the first, vesting him again with the same sweeping and absolute rights and powei-s, but not mentioning the first Patent nor referring to it in any way. The object of this second Patent was to cure the defect in the first, that it was signed, sealed, and delivered, while the Dutch were ill actual possession of the territory it descrilH-'d, and therefore it was, by the law of England, void; and was not subsequently confirmed by Charles the Sec- ond after the title was really vested in him in 1677, by the treaty of Breda. Had Charles made such a confirmation, no second Patent would have been re- quired. The new Patent of 1674, on its face was an original grant, but in fact it simjily revested the Duke with all the rights, powers, jurisdiction and territory he jiussessed under the Patent of 1()G4. These facts are distinctly stated, because the valid- ity of the confirmations of all Dutch groundbriefs, transports, and other grants, and all subsequent Eng- lish grants during the Proprietorship of tlie Duke of York, and the later Royal Government, as well as those originally made by Connecticut authorities on Long Island, and subsequently confirmed by the Duke, rests upon them. The tenure by which the Duke of York held his Province in New York was allodial in its nature. In this respect it was the same as that under which, as has previously been shown, the Dutch West In- dia Company held New Netherland under their charter, and the Potroons held their Patroonships under the difl'erent '' Freedoms and Exemptions." But it was not to follow a good Dutch example, that this tenure was granted by the King and accepted by the Duke, but because the law of England had then been recently changed, and neither King nor Duke could do otherwise, even if they wished, of which there is no evidence. Four years before New York wa.s given by the King to the Duke, and its surrender by the Dutch, the Parliament of England had passed that Great Act, second only to Magna Charta itself, — if it was second, — in its eflect on English liberty, and the rights of English subjects, the act abolishing feudal tenures, and all their oppressive iucidenta for- ever throughout the realm. This was the famous " 12 Charles II, cap. 24," and its title is, " An Act taking itway the Court of Wards and Liveries, and Tenures in Capite, and by Knight Service, and Purveyance, and for settling a Revenue upon his Majesty in lieu thereof." It swept away, at one blow, all the grievous feudal military tenures, their great exactions, and the means possessed by the monarch for enforcing them, as well as all charges payable to the King, or any lord paramount under him, arising therefrom; and prohibited their creation afterward, forever. Alter the clauses of aboli- tion, the act continues, — "And all tenures of any honours, manors, lands, tenements, or hereditaments, of any estate of inheritance at the common law, held either of the King, or of any other person, or persons, bodies politic or corporate, are hereby enact- ed to bi', turned into free and common socage, . . . any law, custom, or usage to the contrary hereof in any way notwithstanding."' The fourth section pro- vided. " That all tenures hereafter to be created by the King's Majesty, his heirs or successors, upon any gifts or grants of any manors, lands, tenements, or hereditaments, of any estate of inheritance at the common law, shall be in free and common socage only, . . . and not by Knight Service or in Capite." As this abolition deprived the King of large reve- nues, and the means of supporting his military, and other governmental expenses, the act granted to him as a recompense duties upon beer, ale, and other articles in common use.' It is thus seen not only that there were no feudal rights nor privileges granted in New York to the Duke of York by his Patents, but that the King had no power whatever to grant any to him, or to anybody else. And none ever were granted by any British Sovereign, or British Governor, in that Province. The rights and privileges contained in the subsequent Manor grants in New York, were simply those ap- pertaining to, and consistent with, the free socage tenure on which they were granted, and under which they were held. This allodial tenure of land, though it has been for- merly referred to under the Ronuui Dutch legal system of New Netherland, may now be more fully described, as it was also the tenure by which all lands in New Y'ork under the English system were held. ' Section 1 of tho act. 2 " Up to the iM88UKe of tills net, every free hind-owner whb hunleiied witli military wrvico, which wna not ccinshlcred im incident of tenure, hut » duty to the State." Dl^liy's Ijiiw of Kcal Property, '2(1. Hence, the ■ulwtitulion of taxation In lieu of military sorvice l>y thin net, in the foundation of governmental HupiHtrt hy taxation, iHtth in Knj^lantl rimI America, anh thought, until the enactment of the statute of IfifiO in the twelfth year of Charles the Second abolished feudalism forever, practically restored the old Saxon allodial tenures, and turned to freedom the mind of England. " Perhaps," said that most learned chief justice of Massachusetts, James Sullivan, in 1801, then that State's Attorney-Creneral, " the English Na- tion are more indebted to this one act for the share of liberty they have enjoyed for a century and a half past, and for the democratic principles by that law retained in their government, than to Magna Charta, and all the other instruments of which they boast,'" To show how entirely different the " feudal sys- tem " was from the systems introduced into New York by the Dutch and English ; and how erroneous have been, and are, the views that have been ex- pressed by American, and New England, as well as New York, writers, resjiecting the latter, it will be well to recur to what "feudalism'" really was. Scrcely any subject of an historical nature has been more fully and thoroughly investigated, studied, and written upon, in late years, by modern historical scholars than this. Germany, France, and England, have each produced writers who have given to the world the results of searches anil investigations of the most exhaustive character; von Maurer, Waitz, Eichorn, Roth, and Richter, in the former, Guizot, • Tlio word "alod" (T.nlinlzod into allmlliiin, wliciire tlio Kiiglih *'aIIodIftl") do»« not occnr in Angrlo Siixon do<-untent« ttpfnre rl'(» eleventi) century, wlu>n it nppfnrs in tliu Latin of Cantito> lans in tlie CollHM'tine S18. ats tli» eqnivuleut of **bociand'' or " lierudita^. " Stulilm Cons. Hiat. 7i'>, n. >Hiiit. Land Titles III Man. S2. THE ORIGIN AND HISTORY OF THE MANORS. fil Thierry, Siiiiioiidi, Tiiivclc^ye in Franco, Rn<\ Pnlgrave, Austin, Freeman, I>igl>y, Maine, and Stubbs in Eng- land. The latter, the hitest writer on this subject, has treated it so fully, that a short statement almost in liin own words will make the matter clear. Feudalism was of distinctly Frank growth. The principle which underlies it may be universal, but it« historic development may be traced step by step under Frank influence, from its first ajjpearance on the conquered soil of Roman Gaul to its full develop- ment in the jurispruilence of the Middle Ages. As it existed in England, it was brought full grown from France at the Norman Conquest ; ' and "it nujybe de- scribed as a complete organization of society through the medium of land tenure, in which from the King down to the lowest land owner all are bound together by obligation of service and defence: the lord to pro- tect his vassal, the vassal to do ser\ ice to bis lord ; tlie defence and service being based on, and regulated iiy, the nature and extent of the land held by the one or the other. As it developed territorially, the rights of defence and service were supplemented by the right of jurisdiction. The lord judges, as well as defends, his vassal ; the vassal does suit as well as service to his lord. In States in which feudal govern- ment has reached its utmost growth, the political, financial, judicial, every branch of public administra- tion, is regulrtted by the same conditions. The cen- tral authority is a mere shadow of a name." It grew up from two sources, the beneficiary sj'stem and the practice of commendation. " The system tes- tifies to the country and causes of its birth. The bene- ficium is partly of Roman and partly of German ori- gin.' In the Roman system the usufruct, the occupa- tion of land belonging to another person, involved no diminution of the status (the condition) of the occu- pier; in the Germanic system he who tilled land that was not his own was imperfectly free. Commenda- tion on the other hand may have had a Gallic or Celtic origin, and an analogy only with the Roman dientship." * "The beneficiary system originated partly in gifls of land mside by the kings out of their own estates to their kinsmen and servants with a special undertak- ing to be faithful, partly in the surrender by the land- owners of their estates to churches or powerful men to be received back again and held by them as ten- ants for rent or service. By the latter arrangement I Fn.'onmn in Ills flfth vuliinio deiiien this in lila imiiiil fKnt man- ner, anil attiicltB ''lawyern" for Baying ao, very flcrceiy. Hut beforo lie ends tliat cliapteriie confines )ii» wonlt* ti> tjoremmetaric races in their cxtrt'ine unifonnity." ' The effect of feudalism on the society ol the era in which it existed, was two fold. It repressed and harshly kept down the personal rights and freedom of what in our day we now term "the niuHses," but it also gave rise to, maintained, and e8tabli.ihed in those who then rulec ihc masses of that day, those feelings, rules of conduct, and principles of action, to which are really due the vastly higher general civilization of both classes of people at this era. If we investigate feudalism in it« social as|>ect8, in the words pecially as developed in the institutions of chivalry, that was ))ure and graceful and generous. It ever acknowledged the high social position of woman, it zealously protected her honour. It favoured the growth of domestic attach- ments, and the influence of family associations. It fostered literature and science. It kept up a feeling of independence, and a spirit of adventurous energy. Above all, it paid homage to the virtues of Counige and Truth in man, and of Afl'ection and Constancy in woman.'" Such WHS the feudal system in reality, it'* origin and principles. As a system of land tenure, or of govern- ment, it not only never e.xisted in the Province of New York, but it was absolutely the opposite of the systems of both which were there established. No lord para- mount, either as Duke of York, or as a Lord of a ^lanor, was ever known within this State while an English Province. The former was a, Proprietor only, as William Penn and Lord Baltimore were, in Penn- sylvania and in Maryland. The latter was an owner in fee with no powers, rights or privileges, but those appurtenant to, and consistent with, the freest alloditd tenure. Moreover, it not only never existed, but it could not possibly have existed in New York. For it was prohibited by the statute law wiihin the realm of England four years before New York became an integral part of the dominions of that realm. What then was the tenure described, " as of our niannor of East Greenwich and our County of Kent in free and common soccage and not in capite or by Knight service, upon which the Province of New York was holden under his grant from the King of Eng- land by the Duke of York as Lord Proprietor? " Socage' tenure was a holding of lands by a certain service or rent. Certainty as opposed Uj the uncer- tainty of tenure by Knight service, or as sometimes 1 Dwlicht'8 Introduction to the American edition of Maine's Ancient Law. LXIV. 8.«lr E. CrMry'B Rlwof the British Con-tltiition, 83. 3 Tbu word U now spoiled with one '■ c " only. atyled, " in chivalry," wan for its ewtence. It made no matter what tlie service, or rent, was, so long us it was absolutely certain. It might be by ploughing lamU for a fixed number of days at a time fixed, or it might be for a fixed annual rent, payable either in cattle, produce or in money, or it might be by homage, fealty, and a fixed money rent, in lieu of all manner of services, or by fealty only in lieu of every other service.* This inherent element of certainty was what gave this tenure its power, and has made it the only tenure by which, in different forms and under different modifi- cations, and under systems based upon its principles, lands are now held in the English-speaking nations of the world. Property in land has a double origin. " It has arisen," in tlie words of Maine, "partly from the dis- entanglement of the individual rights of the kindred or tribesmen, from the collective rights of the Family or Tribe, and partly from the growth and transmuta- tion of the Sovereignty of the Tribal Chief. . . . Both the sovereignty of the Chief and the ownership of land by the Family or Tribe were in most of Western Europe passed through the crucible of feudalism ; but the first re-appeared in some well-marked chiir- acteristics of military or Knightly tenures, and the lust in the principle rules of non-noble holdings, and among them of Socage, the distinctive tenure of the free farmer." * Its essential character was " its liability to rents and services due, not to the State, but to the grantor, who in most cases was the lord of the manor, holding under a charter (meaning a grant or patent) given or confirmed by the crown." ° The word socage is generally believed to have been derived from " soca " a plough. It was " originally applied only to husband- men who owed fixed services for husbandry. Where these rustic services had notbeen commuted foramoney rent the tenure was called ' villein socage,'' as distin- gui-.hed from ' free and common socage.' "* In Knight- service tenure, and in the spiritual tenure of Francal- moigne or Free Alms, that is freedom from all earthly services [on which churches, abbeys, and cathedrals, in England held and still hold so many of their lands], and in all the military tenures the services were uncertain : from all other free tenants of lands a fixed amount of service, or rent, was due, and their tenures were included in the general name of socage " It was a free tenure, the land a freehold, and the MJtt. ch. .1, Sect. 117, 85a; Roovo's Hist. .Id vol. ch. nxl. 4n.'( ; I. Franria Sullivan's Lectures on the Ij>ws of KnRliind, 157 ; ChrlBtiiin's Blai'kstone, li. 81, n 1 ; Sullivan's Mass. Land Titles, 34 ; Maine's lliat. Inst., 120 ; Stubbs' Cons. Hist., 54'J. » Maine's Hist. Inst'ns., 120. « Elton's Tenures of Kent, 29. ' A villein was an inhabitant of a villa, the annient name of a farm, and in the earliest times was attached to it ptTuianently. And hs many villas were Included In a manor, it had oiten mai.: villein^. Those villeins gradually came to lie allowed to hold parcels of land, on condition of manuring, or ploughing the lord's denipsue liindt, or on base or rustic services. Hence arose the tenure termed vlllein-sociige. 8 FIton's Law of Copyholds, 3, nolo b. Ub. a. THE ORIGIN AND HISTORY OF THE MANORS. 8S luildcr n frpemnn, booiuiHC he, an well ns tlie Innd, was entirely free from all exactionB. and from all rents and Hervices except tlione xpecified in his grant. Ho loniif R8 the«e last were paid or |)erformed, no lord or other power could deprive him of his land, and he could devise it hy will, and in case of his death, intestate, it could bo divided among his sons equally.' At a later period, after the Nnrnuin conquem, this latter quality of the tenure became changed by the introduction of the principle of primogeniture in all parts of Eivgir.i.;' ; a principle of Teutonic origin, and one necesiary to the maintenance of the feudal syH- tcm as a military system. One of the parts of England which, at tlietime of its conquest, first submitted peace- ably to William ofNormandy, was the Saxon Kingdom of Kent, afterward, and now, flie County of Kent, the southeastern extremity of England. In conne(|uence of thin action the Nornnin king confirmed its inhab- itants iu all their ancient laws and liberties. " Kent was firmly attached to the Oomiueror hy the treaty, which he never broke, that the law of Kent should not bo changed.' One of the provisions of the law of Kent was the custom or tenure of ' Gafolcund ' or ' Gavelkind,' one of the most ancient of the free socage tenures, by which the greater portion of thut county was then, and is now held. According to this ancient relic of the early Saxon law, the land descended to all the sons equally, was usually devisable by will, did not escheat in case of attainder and execution for felony, and could be aliened by the tenant at the age of fifteen.' It was a freeman's tenure, and so general, though not universal, in the county, that it was con- sidered by the common law of England, and judicially taken notice of by the King's Courts as the " common law of Kent." The only instance in all England of a county having a different common law from the rest of the Kingdom. And it so continues to this day. Much of its area originally gavelkind has been changed by s|)ecial acts of parliament, or, as it was termed, ' disgaveled,' and thus made knight ser- vice land and subject to the law of primogeniture.' The name is derived from the Saxon word ' gafol,' or ' gavel,' [/Ae prnnuncialion of the words being rimilar in louiid'] which was the Saxon word for rent, " in- cluding in that term money, labor, and provisions.'" Gavelkind land therefore means primarily rented land with the privileges above stated. One of the Manors of the Crown of England was that of East Greenwich in this favored Ciunty of Kent which had never been reduced to the new mili- tary tenures brought in by the Norman Con lueror, and owed no claim for suit or cervices or othf " obli- ' T>l(chy. 72. • Rlton's Tenures of Kent. 72. ' I'lgliv's Hl«f . Henl Pmnerty, 3S, n. 2. *Eltuu'ii Teuurtmuf Keutjjasi.m. >Ilid 29. gallon than that of fealty ami allegiance.* Hence it was that when the tenure of the British grants in America came to be settled, it was described asofour Manor of East Greenwich in the County of Kent, that manor luing held only "in free and common soccage." The object being to give to the new pos- sessions in America the most favorable tenure then known to English law. The fixed "service" or "rent" on which New York was held in socage by the Duke of York was the yearly payment of'' forty beaver skins when they shall be demanded or in ninety days after." When the Duke became King in lt!85, this nominal rent ceased and he held the Province from that date as Sovereign of England. And under him and his suc- cessors, from that year until the peace of 1783, by vir- tue of this fact New York continued to he a Royal Province, under Royal Governors commissioned by its English monarchs under their signs manual. As such rei>rc8entative8 of their Sovereigns were all grants, of Manors, and other great, and small, tracts of land, made by the Governors of New York as long as New York continued to be a British Province. The tenure of all was the same as that in the Patents from Charles IT. to the Duke of York, " in free and common socage as of our manor of East Greenwich in County of Kent." The fixed services or ren's varied, but were merely nominal in all cases. In some of the minor incidents of the grants of manors, and of lands not manors, they also varied, but the im- portant thing, the tenure itself, was the same in all. When William and Mary directed their Governor to call General Assemblies, with the advice and consent of the Council, and the first Assembly held in New York, under those sovereigns, met in April, 1691, that Assembly, in the second act it passed, declaring the rights and privileges of their SInjesties' subjects to their Province of New York, enacted " That all the Lands within the Province, shall be esteemed and ac- counted Land of Freehold and Inheritance, in free and common Soccage. according to the tenor of Enx' (irf'nwich in their Majesties' Realm of England.'" And it is owing to these facts that this subject has been so fully dwelt upon, dry as it must necessarily be to the general reader. The confirmations by the English Governors of the Dutch groundbriefs, transports, and othergrants, were rendered necessary, by the change of the Sovereign Power. The Dutch instruments, under the Dutch law, it will be remembered, required their grantees to take the oaths of allegiance to the West India Company and to the States-General of the United Provinces. Of course when the country became a British posses- sion, and the Duke of York became its Lord Proprie- tor, the terms on which the Dutch grantees held their lands required to be changed in this respect, so as to « Snlllvsn's Mnw. Land Titled, (19. ' II. BradforU'i Laws, N. Y., ed. 1710, p, 4. u HISTORY OF WESTCHESTER COUNTY. conform to the actual change of the owners of the ul- terior sovereign right of eminent domain. This was jirovided for in that very ably drawn, lib- eral, and just " Code of Laws," enacted and promul- gated at the first meeting of delegates of the people of the Towns of the Province of New York under the English rule, held at Hempstead, in Queens County, on June 24th, l(>6o, nine months only alter the Dutch surrender, known as "The Duke's Laws." This code, the earliestof the codes of New York, full, clear, and complete, is well arranged in an alphabetical di- vision of its subjects. Under the heading " Lands," is this provision, "To the end all former Purchases may be ascertained to the present possessor or right owner, They shall bring in their former Grants, and take out new Pattents for the same from the present Governoure in the behalf of his Royall Highness the Duke oi" Yorke ; " then after directing the making and filing of a sur. y and map within a year from the date of a purchase, the law continues, " Every Pur- chaser in acknowledgment of the propriety of such Lands belonging to his Royal Highness .Fames Duke of York, shall upon the scaling of the Pattent Pay unto the Governoure so much as they shall agree upon; not exceeding hundred acres." Some amend- ments and alterations were made to this code pursu- ant to it's own provisions at a meeting of the Court of General Assizes ' held in the t/ity of New York at the close of September, l(i(i5, three months later, one of which re-enacis the last cited clause in these more definite words, — " To the end all former Purchases &c, nil persons whatsoever who have any Grants or Patents of Towneshijtps, Lands, or Houses, within this Gov- ernment, shall bring in the said Grants or Patents to the Governoure and shall have them Revewed by Authority from his Royall Highness the Duke of Yorkc, before the beginninge of the ne.xt (,'onrt of As- sizes.' That every purchaser &c. shall piiy for every hundred acres as an acknowledgment two Shillings and six pence.' This law and this sum marked the beginning of the Quit-r^nts and their amount or rate paid ever after to the King, and subsetpicntly to the American Revolution to the State, and which only terminated under the State Quit-rent statute of ISIT), which com- muted them all for gross sums of money, as will be fully explained hereafter. Governor Lovelace sent a report to the Duke of York on the state of the Province, undated, but which is believed to have been made early in UW,), the year after his arrival in New York. In this he says; "The Tenure of Lands is derived from his Royall Highness who gives and grants Lands to Planters as their freehold forever, they paying the customary rents and duties with others toward the Defraying of > TliU court conililneil Judicliil and leglilnllre powon, and wu created Ly tlie cixle lUelf. 'Tlilacuurtmt annuHllyIn Heptenitier. >Tbv Duke'i Uwi, I. N. Y. II. CoU., MO and 4ta the Publique Charges. The highest Rent, or ac- knowledgment of his R. H., will be one penny per acre for Lands purchased by his R. H., the least two shillings six pence for each hundred acres, whereof the Planters themselves are purchasers from the In- dyans." ♦ In the year 16t5G the "General Court of Assizes" made an order, that all persons who had old patents should bring them in to be renewed, and they that had none should be supplied therewith by a certain time therein limited. A proclamation of the Gov- ernor dated at Fort James the 1st of July, 1(169, to "the Inhabitants about Delaware" shows us very clearly what this order meant. After quoting the order, it continues in these words: "Which said order did extend itself to Albany, Esopus, and all other places of the Governm', as well as this City and more particularly to all those who had beene under the Dutch, and are now reduced to his Majesties obclience.' These presents doe declare and nuike Knowne that the Inhabitants in and about Delaware being under this Governm' are likewise concerned as ivell as the rest; So that all persons there who hould their lands by Patent or ground briefs of y* Dutch Tenure are to have their Patents renewed. And those who have none are with all conveniente sliced to bee supplyede therewith, otherwise they are liable to incurre the penaltye in the Law set forth."' The terms on which the new Patents of Confirma- tion were granted were very liberal. So much so as to explode the idea indulged in by many writers that the sole object was to extort fees. The evidence is conclusive. The mayor and aldermen of New York presented a petition of incjuiry to the Court of As- sizes on this subject. In this Court it will be remem- bered the (tovernor presided. In the proceedings of the Court in the Assize Hook, under date of March 25, lGt!7, two years |>rior to the proclamation just cited, is Governor Nicolls' reply to this jietition in the form of six specific entries. They are as follows, (the contractions in the original being plainly written out). "1. The reason for renewing all former groundbriefs was, and is, to abolish the express conditions con- tained in every one of them, to hold their lands and houses from and under the States of Holland and the Wt«t India (Jompany in Amsterdam as their Lords and Masters. "2. Whoever shall bring a certificate from the mayor, or deputy mayor, or two aldermen of his inca- pacity shall jiay nothing for renewing an old or grant- ing a new |)atent. "3. No man shall pay more than a beaver for a new patent and all the transports depetiding there- upon. If any person shall desire his own transport to be converted into a patent, it shall be done for 3 guilders in behver. * III. K'ai. Illat. N. Y. 188. • XII. Cut. ntat. 403. THE ORIGIN AND HISTORY C' THE MANORS. 8S " 4. Where the original groundbrief of Boveral trans- ports cannot be found each transport shall be contirined for 8 guilders.' " 5. If any man have 2, 3, or more ground briefs of small i)arcels of land they shall be comprised in one confirmation at the half price allowed by the Court. " G. The Mayor and Alderman to draw up u list of houses and lots belonging to persons now in Holland or else where not in amity; nor under allegiance to his Majesty of Great Britain wlio are deprived of the benefit hereof. As the time allowed for bringing in the said ground briefs is almost expired the Governor suspends the peiialtj for not bringing them in at or before the 1st April next until the 1st May this present year, 16G7." Surely more favorable or easier terms could not have been promulgated. ."^uch, in brief, was the nature of the tenure of land cstalilished in New York when the Province came under English rule. It was fortunate that that event was almost simultaneous with the greaicst change in the law of England since the days of King John. That change really gave to New York the freehold, partible, and perfectly alienable, land system, which, with slight modifications, has existed from that day to this, and under which her population has increased from the 10,000 souls in the last year of Director Stuyvesant to the 5,000,(100 people over whom Gover- nor Hill now rules in this year of grace 188G. 9. The Manon in New ' ork, what they were not, and what they were. What were the Manors which existed in New York ? What were those in the County of We»tche»t(;r? To answer these cpiestions, the origin and nature of 5Ianors, especially those of England, all of which were created prior to the 18th year of the reign of Edward I. (Anno 1200), must be considered. Thf statute of Edward, called " of Weslminnter," or " Quia cniptnre» " from its) first two wonls, " in the year 1290 put an end forever to New Manors in England." ' Those Manors were feutlal Manor9,of the kind already alluded to, those erected in New York, four hundred years later were freehold Manors. Their diflerence, and why Manors could be erected in New York, and not in England will be shown. " It has often been noticed," says Sir Henry JIaine, " that a Feudal Monarchy was an exact counterpart of a Feudal Manor," but the reason of the correspondence is only now beginning to dawn U[)on us, which is, that both of them were in their ' It will bo remembered that uiiitur the Diitrli nyiti'in, tlio " Kniiiiid- brief " wiw the llceiiH) tt> buy of tbu liulliitiH, iiiul Ihv ** tmiiHport " the de(*(l of thi> ntroctor mid CVHiniil for tbo laud nfter thu purchue of the Uiittvoi bnd iK^en umdo, ^duf'lal'riCiiuiit. Illntiirjrof England, 148, ' A niuiiliir ■tatcineut l> fnund In Wuet'i Manner of Creating IVers, \. 10. t'rulMiuu L)i|inl:loii, II. M. origin bodies of assumed kinsmen settled on land and undergoing the same transmutation of ideas through the fact of settlement. The history of the larger groups ends in the Modern Notions of Country and Sovereignty ; the history of the smaller in the Mod- ern Notions of Landed Property. The two courses of historical development were for a long while strictly parallel, though they have censed to be so now."* It is not possible in the limits of this essay to describe, except in outline, the various steps and changes by which the barbarian Teutonic leader and his followers, developed into the family or tribal ruler and his kindred by blood or by tribe settled upon the land which they had seized, and which they retained as their own. How strong, how natural, and how general, was this principle of a specific land-settle- ment on the basis of kinship by blood or by tribe, is proven by the examples which now exist in three continents at this day. The more prominent of which are, the clans of Scotland, the Septs of Ireland, the Slav tribes of the Balkan regions, in Europe, the Hindoo Joint-Families of British Asia, and the na- tive Indian tribes of North America. Out of the tribal settlement on a fixed district of land came the Teutonic village or town. This was " an organized, self acting group of Teutonic families exercising a common proj)rietoishii) over a definite tract of land, — its Mark, — cultivating its domain on a common system, and sustaining itself by the pro- duce." ' It had its separate households, each gov- erned by the father of a family, and each entirely free from any interference by anybody else. Itn master was supreme, and from this feature, continually pre- served and maintained to this day, comes the familiar principle of English and American law, that "every man's house is his castle." Those groups of families, or societies, with their Lender, or Headman, were often involved in disputes, with neighboring societies and their families and Headmen. And to this fact of native Teutonic quarrelsomeness the German in- vestigators and writers ascribe the change (which took place gradually) that evolved the manor from the Mark. "One community coiuiuei-s another and the spoil of war is either the common Mark {the part of the district cultivated in comiiwn), or the waste {the uncutlivated part), of the worsted community. Either the conquerors appropriate and colonize the part of the waste so ttiken, or they take the whole domain and restore it to bo held in dependence on the victor society."' This was the origin of the idea of suzer- ainty or lordship. Another cau.se of the change from this Mark system to the manorial system, the (ferman writers fay, was the fact, that these Teutonic village societies, "though their organization can only be de- scribed as democratic, appear, nevertheless, to have « HIrt. In«t. 77. » Vdu Miiun'r rltnd bv Mnlnr, VIII. Com. 10, with approval. •Muina'a Vill. Cum. lU. 86 HISTORY OF WESTCHESTER COUNTY. generally had an abiding tradition that in some one tiimily, or in some families, the blood which ran in the veins of all the freemen was purest; probably be- cause the diruct descent of such family, or families, from a common ancestor was remembered or be- lieved in. From the members of these families the leader for a military expedition would, as a rule, be chosen, and the power he would thus actjuire " would be a combi- nation of political, military, and judicial, power." This leader, " thus taken from the privileged family would have the largest share of the lands appropriated from the conquered village societies; and there is ground for supposing that he was sometimes rewarded by an exceptionally large share of the common land belonging to the society which be headed." Another privilege which the leading family and its chief ob- tained, was the power " to sever his own plot of land from the rest, and, if he thought fit, to enclose it; and thus break up or enfeeble that system of common cul- tivation under rules of obligatory custom which de- pended mainly ~n the concurrence of all the villag- ers." ' Add to this the inherent tendeficy of the Teu- tonic mind to the principle of priino<^eniture, and we have the basis of what is known as the manorial system. Transplanted into England by its early Ger- man invaders this inchoate manorial system tojk root and existed under the Suxon domination till the days of Harold. At the Norman conijuest, which, aa we have seen, brought full-grown to Kngiand the Feudal System, William of Normandy had little difficulty in engrafting it upon the existing Haxon system, or rather in transforming that system into Norman Feudalism, which was that of France and Continental Europe. Such is the view, of the latest historians, and most learned writers, on this subject. A view most tersely summed up by Sir Henry Maine, "our modern English conception of absolute property in land is really descended from the special i)roprietor- ship enjoyed by the Lord, and more anciently by the tribal chief, in bis own Domain."'^ "Jlanoi's," Sir Williaui Hhickstone, tells us "are in substance as ancient as the Saxon Constitution, though i)erhapH diflering a little in some immaterial circumstances from those which exist at this day; just as we ob- served of feuds, that they were partly known to our ancestors, even before the Norman Concjuest."' Originating before the feudal system itself, that system when it became fully developed and consoli- dated in England under its Norman Kings, gave its own coloring and imparted its own features to the manor land-system of the England of the Saxons. The impression is very common, especially in America, that the Manor system is purely of feudal origin. Writers who have referred to the New York manors, as u rule, describe them as the same as the > Maine VIII. Com. 121.'), nnil I4«. • II. ClirUlliiu'a IlkcktluUH, IK). < lllal. Ina. 120. feudal manors of England. Not aware that manors have vot been created in England since 1290, not aware ihat the law of England at the time of the wrestin* of New Netherland from the Dutch, pro/M- iled I he t.vUtence in the New l^ocince of Neiv York of feudal Mtinorf, they have indulged, and do indulge, in a gret.t deal of fine, and sometimes indignant, writing on this subject, which had, and has, no real basis whatever. The wort' ' Manor ' is an English corruption of the French word, ' Manoir,' a habitation, or inausiou, in which the t wner of laud dwelt permanently ; and that is derived from the Latin verb ' Maneo,' to remain, to abide in a nlace, to dwell there. In Latin a Manor was termed ' rJanerium' which signifies the same us the French ' Manoir.' It has, however, been stated to be a synonym of ' Mnnurium,' because it was labored by hardy work,* ' Muniis ' being the Latin for 'hand;' bul this signiticatiou is very doubtful. Ellis in his int.'oduction to Domesday Book, the Great Survey of the Lands of England made by order of William the Conqueror,' says, that the earliest ap- pearance of the word Manor in England was in the reign of EJward the Confessor who was fond of in- troducing Norman language and customs. In that famous survey the words ' mansio," villa,' and ' maneriuiu,' are synonymous. " The conquest," Mr. Digby states, probably wrought but little change in the relation of Saxon supreme laud owners, or lords of districts, and the tenants holding small par- cels of land under them. " A Norman lord might be substituted for a Saxon, but the dues and services would substantially continue the same. . . . After the Comiuest, England is [Ibuiul] parcelled out into manors varying greatly in size, having, as a rule, fixed boundaric.><, ofteu coinciding, as is .still the case at the present day, with the boundaries of the j)arish. In some Ciues manors were diminished or addtil to, and new ones created. Probubly however there was no great addition after the Concpiest to the uumber ot Manors." " In the roignu of iho later Saxon Kings, those subsequent to Allrtd, the English Commis- sioners on the Law of Ileial Pro|)erty tell us, "that portions of the royal domains, with jurisdiction were granted, and atlerwards jurisdiction was granted although the land might nevor have belonged to the King. The objects of these grants were lay favoritts or monastic houses, and the ojieration of them was to invest the grantees with the power of judging the people dwelling in their territory. The courts Ibr this pur|)f)se were framed after the ordinary model. The lord or a deputy presided, and the tenants and suitors formed the jury. They were commonly held in the hall of the lord's hou.sc, and were thence called Hallmotes." The words which granted this jurisdic- tion " were laca, soca, and fheime, of which one of the «Tomllu>, &18. Tuwer'a Law Diet. ' ». 1'. 2^. Maiiun." • DlgbyS4,3S. THE ORIGIN AND HISTORY OF THE MANORS. 87 1 iws supplies us with the interpretation. Saca, meant tiie privilege of administering justice locally ; soca, the territory or franchise in which the privilege was to be exercised ; theime,' the seignorial jurisdic- tion." "It will be obvious to every one's miud that this species of local and private jurisdiction is what we now call a Manor. The substance of a manor is therefore justly said by Mr. Ellis to be as ancient as the Saxon constitution; and the lord having soc and sac over his own men, and the baron holding his own court for his own men, were the same characters a« were afterwards termed lord-* of Manors. The word manor was not however applied in pure Saxon times ; nor perhaps were all the laws and usages such as we now have them." ' The ancient manor as it became consolidated in the eleventh and twelfth centuries is thus defined and de- scribed by that " reverend Judge eminently knowing in the common and statute law, William Rnstall "' in his faraoui book on the Terms of the Law: — "Mannor is compounded of divers things ; as of a House, Ara- ble Land, Pasture, Meadow, Wood, Rent, Advowson, Court's Baron, and such like which make a Mannor. And this ought to be by long continuance of time, the contrary whereof man's memory cannot discern ; for at this day a Mannor cannot be made because a Court-Baron cannot be made, and a Mannor cannot be without a Court-Bnron and Suitors and Freeholders, two at the least; for if all the Freeholds except one escheat to the Lord, or if he purchase all except one, there his Mannor is gone, for that it can- not be a Mannor without a Court Baron (as is afore- said) and a Court-Baron cannot be holden but before Suitors, and not before one Suitor; and therefore where but one Freehold or Freeholder is, there can- not be a Mannor properly, although in common speech it may be so called. Mansion (Mansio) is most commonly taken for the Chief Messuage or habitation of the Lord of a Man- nor, the Mannor-House where he doth most reside, his Capital Mes-tuage as it is called ; of which the wife by the Statute of Magna Charta, chapter 7. shall have her (Quarantine." * It will be noticed that in this description the Court- Lcet is not mentioned. This is because, though it ex- isted in every Manor, it was not of its essence as the Court-Baron was. The Court-Leet was a SheriH^'s court and had cognizance only of offences against the King, or the King's peace, below the degree of high treason. The Manors of New York, In consequence of their having been erected after the statute of Charles 11. (12 Charles II., ch. 24, Anno 1()60) abolishing the ■Thin wonl In no apelloil in till' Ituporl, but It lr< npi'llol 'ThuHiii' nr 'Team,' by SirlleDr)' Ellla In tli« " Inlruductiun tu I>uniimlu)'," vul. I. |>. 27A. > Fourth Roport of Commlalonora, Appeudix, p. 106, • roki-'spn-fiioe 111 Ills Kith rr>pi>ii. ; < Teruia uf the Law itKI, ed. uf 1086. military tenures and turning them into free and com- mon soccage, never possessed, nor were their lords ever invested with, the powers, privileges, rights, duties, and burdens of the old feudal manors of Eng- land as thus described. It is owing to ignorance of this fact, or the concealment of it, as the case may be, that so much misconception has been generated in the popular mind, by some writers, and also by some law- yers and men in public life, who in the recent past sought political preferment, or i)rivate gain, in relation to the manors of New York, their ten- ants, and their owners. As to the latter a curious error has obtained credence. We often, at this day, see them written of, and hear them spoken of, as Nobles. " Lord Philipse " and " Lord Pell " are fa- miliar examples of this ridiculous blunder in West - cheater County. No grant of a feudal manor in Eng- land at any time from their first introduction ever carried with it a title," and much less did any grant of a New York freehold manor ever do so. Both re- lated to land only. The term Lord of a Manor is a technical one, and means simply the owner, — the pos- seisor, — of a manor, nothing more. Its use as a title is simply a work of intense, or ignorant, re]niblican provincialism. "Lord" as a prefix to a manor owner's name was never used in England, nor in the Province of New York." The origin, nature, existence and continuance ot the Manors of New York, and the reason why they could be erected by the English Sovereigns here, when those Sovereigns could not do so in England since 1690, was so fully, thoroughly and learnedly set forth, more than thirty years ago, in an opinion by one of the greatest chief justices who ever graced the State of New York, that no apology is necessary for giving it in his own Iangua,';o: "The grantees are authorized in terms to hold a court-leet and a court- baron, to award fines, have the customary writs, etc., to have the waifs and estrays, deodands, etc., and the patronage of any churches to be erected on the tract; and the freeholders of the manor are empowered to elect a representative to sit in the General Assembly in the Province of New York. [ Tnit '* privi/i'f/e" toaa granted onlij to the three manors of Cnrtlandt, Living*- rion ami llenmdnernuyyck, nnd the Borova8sed in the eight- eenth year of Edward the First, {^Anno 1290). This statute, after reciting that the feudal tenants have sold their lauds to be holden in fee of themselves, instead of the chief lord of the fee, whereby those lords have lost their escheats and other feudal perquisites to their " manifest disinheritance," enacts that " forever here- after it shall be lawful to every freeman to sell at his own pleasure his lands or tenementii, or part thereof, 80 ueverthless that the feofl'ee [Ihe grantee], shall hold the same lands or tenements of the same chief lord of the f < • and by the same services or customs as his feoft'or lyrantur'], held them before. A second chapter provides for an apportionment of the services in case of a sale of a p.-vrt of the land out of which they issued. (Coke, 2 Inst. 500.) "The freedom of alienation thus conferred upon the military tenants, was undoubtedly a very material amelioration of the feudal system, but at the same time the main object of the statute would seem to have been to secure to the great barons their proAts arising out of these tenures. It is stated in the sta- tute itself that it was ordained "at the instance of the great men of the realm," and it was clearly for their pro- tection, though incidentally, and probably by its unfore- seen operation, proved a relief to the inferior tenants. I'he evil waa that the chief lords were defrauded of the fruits of their tenures, and the remedy provided was, that every tenant, however remote, should re- main the debtor of the chief lord instead of his im- mediate feoffor [granfoi"] for the services incident to the tenure. But as one may generally waive an ad- vantage secured to himself, so it was held that the chief lord might forego the benefit of the statute by authorizing his tenant to make a subinfeudation, that is, grant lauds to be holdeu of himself; but this could not be done by a mesne (middle) lord on account of the interest of his superiors. ... As the King is lord paramount in all feudal ten- ures, uo subject, since the statute, can, by his own authority, create a manor ; and as in England, all the land was granted at, or soon after the Conquest, it fol- lows that English Manors must have their origin prior to (this statute) the eighteenth of Edward first (Anno 12'JO). But as the King does not hold of any superior he may grant land to be holden of himself, " for," says Coke, "hereby no man is restrained, but he which holds over of some lord, and the King holds of none ' (2 Inst. 67). Therefore, if there are crown lands in England at this day which have never been granted to a subject, they n\ay, without doubt, be erected into royal manors. And cannot the King grant to his im- mediate tenant the right to make grants to be held of himself, the tenant, since thus there would be tiie as- sent of all the lords, nieiliate and immediate. The King's tenants in capite could not nntke such grants before the statute quia cmptores without his consent. This was by force of the King's prerogative, and was an exception to the general rule, which permitted subinfeudations by all lords except the tenants in capite. But I think that as well since, as before, the statute, the King could license his immediate tenant to alien to hold of himself the tenant." After citing iid quoting several authorities to this effect he continues, " Assuming the law to be as in these authorities stated, and assuming further that the grant of a manor and the right to hold manor courts ex vi termini implied an authority in the paten- tees to create manor tenants by means of grants re- serving services to themselves, it still seems clear that the patents {the manor grants) were no violation of the statute referred to. The patent so construed was itself a license to the patentee to make grants to hold of himself. On the making of such grants the paten- tees became the mesne lords, holding of the King, and the grantees of the patentees Were the tenants para- vail ( so called because I hey have the avails or profits of the land), huUws: by license from the King as lord paramount, of hair immediate lords the patentees. The statute would prevent any further subinfeuda- tions, by the freeholdei-s holding under the patentees, unless, indeed, the King and patentees should both consent. "That this was the underetanding of the crown lawyers who prepared the patents for lands in the Colonies, is evident from the terms of several Colonial grants. The charter of Pennsylvania empowered Penn, the patentee, to erect manors and to alien and grant parts of the lands to such purchasers as might wish to purchase, " their heirs and assigns, to be htld of the said William I'enn, his heirs and assigns, by such services, customs and rents as should seem fit to the said William Penn, etc.. and 7iot immediately of the said Kini/ Charles, his heirs or successors," not- withstanding the statute of quia emptoret (I. Wheaton 348 ; 9 Wheaton 250). . . . "The records of some ten or twelve patents exist in the oflice of the Secretary of State, issued resi)ectively in the reigns of James II., William and Mary, Anne, and George I., and the earlier government of the Duke of York [iimuni) which arc those of Scarsdale, I'hilipsburtjh, Fordham, I'dhnm, Cortlaiidt, and Mor- risania, in Wcs'chester County'], with powers re- specting a manor and Manor Courts sii".ilar to those under consideration [the English manor grants of Rensselaer swyck]; and the proprietary charters of sev- eral of the Colonies authorize grants to be made to hold of the proprietaries. If the statute against sub- infeudations was in force in the CDlonies, these pro- prietary grants were as much violations of its pro- visions as the grants in question or any other grants fmni the King. The practice of making such grants for a long course of years is pretty strong evidence that the statute was never understood to apply to the King. . . . The geueral expressions of writers and judges to the effect that nuuiors cannot have a com- mencement since the statute of Edward [in the year TUK OllKJIN AND HISTORY OF THE MANORS. 89 1290] is (juite correct, if we add the reason, which is always understood, viz., that all the lands in England are already in tenure, and subinfeudations are forbid- den by the statute. The remark was never appli- cable to the ungranted crown lands in the ColonieH, upon which the statute, I think, never had any, or only a qualified, bearing.' I have considered this question as though the statute was in force, and con- trolled the tenures in this Colony (New York) in any case to which in England it Tuiglit be applicable ; and I do not think it material to deny the proposition, though it has been (juestioned by respectable authority. Whether it was generally in force or not, it did not, in my opinion, apply to the ungranted crown lands ; and in respect to these, the King, I think, was com- petent to authorize his iniiucdiate grantees to create tenants of a freehold manor by granting lands to be held of themselves. "It will not be supposed that all the vexatious inci- dents of the feudal tenures were engrafted ujjon these Manor lands (in New Yiirk). If the feudal system ever prevailed in the American Colonies, it had been shorn of its most severe features before either of the grants in (juestion [or aiiij other of the Manur i/rnnts in Xew Yorf:'} was made, by the Statute 12 Charles II., cli. 24 (Anno 1660), which abolished the peculiar incidents of the military tenures, and changed them whether holden of the King or otliers, into free and common socage; and which was re-enacted in this State soon after the Revolution with a retrospect to the time of the passage of the English statute I. (ireen- leaf, 359, p. 2." The case in which the foregoing opinion was de- livered was the famous one of the People against Van Rensselaer instituted by the Attorney-General of this State expressly to test the validity of manorial grants and privileges in the former province of New York, reported in 5 Selden 291. It was decided by the Court of Appeals unanimotuly in favor of the de- fendant Mr. Van Rensselaer, in 18r);{, the decision being, that " Royal letters patent gninting lands in the province of New York are not void by reason of their conferring manorial privileges and franchises U])on the patentees." These "privileges and franchises" are set forth at length in every Manor Grant, being such incidents of the Grant as the Crown chose to express in the instrument itself, and saw fit to bestow upon the grantee therein named. These privileges and franchises of "the Freehold Manors of New York " as Chief Justice Denio styles them, were, in his words," " free from the vexatious incidents of the feudal tenures. And he furtlier says "the feudal system, which if it ever prevailed in the American colonies, had been shorn of its most severe ■Chief Justice Aiiibroao Spencer, nald ftroni the bench thut the ■tntiite 111 cnu'Sllon mvcr HpiillcJ to the Aniorlcaii Coluiiloe. IH Johuiun p. 18(>. 7 feature before either of the grants in question, [or any other of the Manor grants in New York'\ was made, by the statute of Charles II. ch. 24, which [in KJOO] abol- ished the Military tenures and changed them into free aud common socage." This tenure as we have seen is purely allodial, save only in the fealty 1y Ji)uriiali<. Scualon fioiu iUt Nnv. 17IV1 to '.'7lli .Inn. 1770, |>. SO. 92 HISTORY OF WESTCHESTER COUNTY. politically powerful were the tenants of the manors there, and how well they were satisfied with their position. The objection coming from those only who were not manorial tenants. The peculiar incidents of an old English Manor have, not been described, although they have been referred to. The definition of a Manor already given, shows that it had two Courts, a Court-Baron, and a Court-Leet. The scope and duties of the former of these, that in which the l>ord exercised jurisdiction, we learn from Coke. " If,'' says he, " we labour to search out the antiquity of these courts-baron, we shall find them as ancient m manors themselves. For when the ancient kings of this realm, who had all England in demesne, did confer great quantities of lands upon some great personages with liberty to parcel the lands out to other inferior tenants, reserv- ing such duties and services as they thought con- venient ; and to keep courts where they might redreas misdemeanors within their precincts, punish offences committed by their tenants, and decide and debate controversies arising within their jurisdiction ; these courts were termed courts baron." ' This jurisdiction was the very essence, so to speak, of a Manor, for the same great ».uthority also says, that, "A Manor in these days [the age of Elizabeth, in which Coke wrote] signifieth the jurisdiction and royalty incorporate rather than the land or scite."' An old English Manor may be said to have con- sisted of: — 1. Demesne lands, which were the Lords personal demesne. These were of two kinds, first, the Manor- House and the hind immediately about, or adjacent to, it, which the Lord himself cultivated for his own maintenance, or demised to others to be cultivated for that purpose, on terms of years, or for the life of the tenants ; and secondly, the uncultivated lands of the manor including those allowed as common lands for pasturage, &c., to the freehold tenants generally, which were termed the "wasted lands," or more usually the " Lords waste," not because they were worth nothing, but because they were untitled. 2. The services, rents, and duties, reserved to the Lord upon the original freehold leases to the freehold tenants of the manor. 3. The reversion of those parts of the demesne lands granted for lives or terms of years, and of tliose escheated to the Lord in the case of freehold tenant« dying intestate and without heirs. 4. Jurisdiction in a Court-Baron, and the rents and services of the freehold tenants liable to escheat and owing attendance as suitors at the Court. This Court was a necessary incident of a manor, and without it, and at least two suitors, no manor could exist. The Lord, or his Steward always presided, r.o one else could hold it. The freehold tenants we/e the judges of fact, just as jurors are in ordinary Courts; thu.n no I c'itivl in r'riilw un Dignities, 24. 3 Iblil. man could be tried exce])t by his peers. It was an absolute necetisity that it should be held within the Manor limits, for if held outside, its proceedings were null and void. Hence it was usually held in or near the Manor House. 5. The right to hold a Court-Leet. This Court was not necessary to the existence of a manor un a Court-Baron was. It was simply one of the general franchises given in and by a Manor Grant, It wan not given to all manors, but in those in New York it was usually one of the franchises granted. All the manors in Westchester County possessed this fran- chise. The Court-Leet was a Court of Record having a similar jurisdiction to the old Sheriff's " Tourns" or migratory courts held by the Sheriff in the difl'erent districts, or' hundreds' of his County, for the punish- ment oi minor offences and the preservation of the peace, but had more extended jiowers. It was a criminal Court only and took cognizance of all crimes from the smallest misdemeanors, uj) to, but excluding, trea.son. It was granted to lords of manors " in orjler that they might administer justice to their tenants at home." ■' All the people in the district of the Court- Leet were bound to attend under penalty of a small fine. The Steward of the Manor was the judge, and the people of the manor alone could be the jurors. "Anciently," said Lord Mansfield, "theTournand the Leet (dfrived out of it) were the principal Courts of Crimini)'. Jurisdiction ; coeval with the establish- ment of the Saxons here. There were no traces of them either among the Romans or Britons; but the activity of these Courts is marked very visibly both among the Saxons and the Danes." * (i. The Franchises annexed or appendant to a Manor. These were jirivileges specifically given l)y the Crown in the Grants of manors, or of lands not manors. " A franchise," says Cruise, '" is a royal ])rivilege or branch of the King's prerogative sub- sisting in a subject by a grant from the Crown."* When so granted they were said to be appendant to the manor, or other grant in which they are set forth. There was nothing whatever which was " feudal " in their nature. They were simply favors extended by the crown to the grantees of lands whether manorial, or non-manorial, to increase the value and enjoyment of their properties. They varied much, some manors having more, some less. Most of these franch'ses were common to both manorial, and non-manorial, lands. Some, however, were only granted to Manors, and were held by their Lords in addition tothose com- mon to both these classes of Crown-granted lands. Among those of the non-manorial lands were Hunt- ing, Hawking, Fowling, Fishing, &v., among the lat- ter, those of Courts- Baron, Courts-Leet, Waifs, Estrays, Advowsons, Deodands, &v. In the case of Manors »Coki'2Iint. 70. *:iHnrrow'i Hop. ISiiii. Spo m to tlii' JurlMllctinii of tliose Coiirig Kallnm't " .MIiMIe Akm," 347i MHirert, TItli', xxvll. Jl. THE ORIGIN AND HLSTOllY OV THE MAMJllS. tliiTt' wereoften special tVain'hini'sgriinteiljfrrowingout of the geograpliical Hiluation of tlie land it»elf, or other speeiul circunistniii'i's of a loial nature, such as franchises to cstahlish ferries, bridges, fairs and markets ; and for the tenants to meet and choose assessors and other local officers, and elect represen- tatives of llie Manor in the (ieneral Asscnihly, The latter, a very high franchise, was conferred upon three only out of the great nuniher of Manors in New York. These were the Manoi-s of Corthmdt, Living- ston, and Renssclaerswyck, of whicii tiie former, the first in whicli the franchise was granted, was the only one in Westchester County. .\11 three of them hordered uixin the Hudson River, and eventually embraced within their territorial limits large numbers of inhabitants. All these franchises were what the law terms "in- corporeal hereditaments," wliieh are rights and pro- fits arising from, or annexed to, land. Among them was that of advowson and church patronage. An ad- vott'son is a right of presentation to a churcii, or any ecclesiastical benefice. It existed in New York, during tlie Colonial period. The word is derived from the Latin udvocatio, which means receiving in ciientship, because in England originally the one jiiMsessing this right was termed mhocniii^ ecclmiit-, as lie was Iwund to defend and protect, both the rights of tlie church, and the clergyman in charge, trom oii- pressiou and violence. Hence the right of presenta- tion to a church acquired the name of advowson, and be who possessed the right was called the ))atron of the church. The origin of the right was this: — In the early days of Christianity the nomination of all ecclesiastical benefices belonged to the ( 'hurch. When the jiiety of some rich and prominent men, or great lords, induced them to build churches, near, or upon, their own estates, and endow them with land called a glebe, or to appropriate the rent or tithes from neighbouring lands of their own, to their support, the bishops, (non-episcoi)al church organizations did not then exist) desiring to encourage such pious un- dertakings, ])ermitted these rich men to appoint what per.son they pleased to officiate in such churches, and reieive the emoluments annexed to them ; reserving to tlieinselves only the ])owci' to examine, judge of, and |i:i.ss ii|)on, the qualifications of the persons so nomi- nated. Originally a mere indulgence, this practice in priieess of time became a right. And those who had either founromise ()f faithful duty from a written instrument prepared beforehand with the episcopal seal attached, which he held in his hands, and afterwards retained. This gave him the right to the temporalities of the Church. Alter the completion of the " Institution " the liishop, or Ordinary, issued a "JIandate of Induc- tion" in writing, directed to him who bail the jiower to i^iduct of common right, or, in case of there being no person jiossessing this jiower, to any other proper jierson whom he saw fit to name, to perform the of- fice. The Actual Induction was made by the author- ized person taking the clergyman and jiutting his hand on the door, wall, or other part of the church "difice, aiid saying to th's etl'ect — " By virtue of this mandate to me directed I do induct you into the real, actual, and corporeal possession of the Church of (naming it) with all the rights, profits, and appurtenances thereunto belonging," or similar words to that ell'ect. He then opened the door, and led the new clergyman into the church, whc usually tolled the bell, if there was any, tor a few moments, to make known his induction to his parishioners and the pub- lic. This course was followed in New Y^ork, and the other Hritish-.Vnierican colonies in which the church ene/er Punderson, Clerk, to ofltciate In the said Parish church of Hye, called (Jroce Church ; and hlui, the said Ebenezer Punder9<»n, sends liy them presents to your Honour, present, humbly praying that you would vouchsafe him to the said cliurch and Parish of Rye, including the districts or pre- dnctH aforesaid, to admit, institute, and cause lu Im* inductefl, with al its rights, members, and appurtonnnccs, and that you will, with favour and etTect, du and fulflll all and singular, other things which in this behalf are proper and fitting fur your honour to do. In testimony whereof, we, the Churchwardens and vestrymen afore* said, have to these presents put our handH and seals, this day of Noveni* ber, in the year of our Lonl, one thousand seven hundrcgatlve seal of the Province of New- York, at Fort Getirge, in tlie City of New- York, the seventeenth day of November, in the year of our Lord one thousand seven hundred and ■ixty-three. CAOWALLAnER Coi,DEN." Chitrchicardmt, LIEUTENANT GOVERNOUR COLDEN'S MANDATE TO INDUCT MR. PUNDERSON INTO THE PARISH OF RYE. **ThH Honorable Cadwallader Culden, Esquire, his Mi\)(Mty's Lieuten- ant (iovernour and Commander in Chief uf the Province of Newout the nineteenth day of May, one thousaml m>ven hundred and sixty ; and him, the said Elwnezer Punderson, I have instituted into the Rectory of the said Parish Church and Parisli, with all their rights, menit>ers, and appurtenances, olMerving the laws and eanuns of right, in that )»ehalf roquire' of yuu, that in due manner, him, the said Ebenezer Punderson, or his lawfull Proctor, in his name, and for him into the real actual, and cor|>oral IMWsession of the Rectory of the said Parish Church and Paris)), including the districts and precincts aforesHiil, and all of their rights and Hppur- tenances, whatsoever, you induct, or cause to be Inducted, and him so inducted you do defend ; and of what you shall have done in the jtremises thereof, you do duely certify unto me or other comi>etent judge, in that Udialf, when there unto you shall Im duely required. Given under my hand and tin- prerogntive seal of the Province nf New- York, at Fort George, in the City of New-York, the seventeenth dsy of Noveml>er, In the year of our Lord, one thousand seven hundred and sixty-three." Cadwali.adir Coldes." CERTIFICAT' OF MR. PUNDERSON'S INDUCTION INTO Til. RECTORSHIP OF THE PARISH OF RYE. " T, John Milner, Rector of the Parish of Westchester, In the County of Westchester and Pnivince of New-York, do hereby certifye, tlist by virtue of a warrant hereunto annexed, from the Honourable CHdwalla- der Colden, Esquire, his Majesty's Lieutenant Governonr and Com- mander in Chief of the Province of New-York, aforesaid, and the Terri- tories depending thereon, in America ; I have this day Inductefl the Rer, Ebenezer Pundoi'son, into the real, actual and cori^iral iKwst'ssion of the Rectory of the Parish Church of Rye, conmionly called Gnice Church and of the Parish of Rye, including the several districts or pi-ecincts of Rye, Maniaroneck, and Hetiford, In the County of Westchester aforesaid, with all their rights, members, and appurtenances, the 'Jlst dsy of Novend»er, Anno Domini, 17*111. The Induction of the Rev. Ebenexer Punderson l>eing executed, the above certificate was signed, in conse- quence thereof, by the Rev. John Mlliter, In the presence of uj", who subscribe our names as witness thereunto. JOHN yUhSEn, Iteclor of Sf. Peter' » Church n't6tche$ter, and twenty-one others." MR. PUNDERSON'S DPULARATION OF CONFORMITY. *' I, Ebenezer Punderson, do here declare my unfeigned assent and consent to all and everything contained and prescril)ed Inai dby ye Hook entitled the Rook of Common Prayer, itnd adudnistnitiuiis of ye sacra- ments; and ye Rites and Ceremonies of ye Chuirh, iwcording to the use of tli^ <'liurch of England ; together with ye Psalter or Psalms of David, pointed as they are to be sung or said in < 'hurches, ani) the form or man- ner of making, ordaining, ami conseciatlng Bishops, Priests and Dea- cons." " Upon the 4th day of Deceinlwr, 17)1:1, the aUtve mentioned El>enez- er Punderstm, after divine service wiis began, and belore It wiis ended, read distinctly the thirty-nine articles of Religion, and declared liit un- feimnl assent and consent to them ; and also nuule the aliove declaration. WUneM^ Hacualiah Brown, Timothy Wetmork." The Rents incidenL to ii manor were of two kinds, those arising from the demense lands of the lord, and tliose from the freehold landa held bv the tenants of THE ORIGIN AND HI8T0KY OF THE MANORS. 95 the manor. It is a proof of the fact that the renting of land from a superior, was a most natural as well as most aneient ciiHtom, that from the payment of rent w (ierivi'd our English v/ord farm. In early Saxon days, and at, and just after, the \i)riiian Comiuest, the estates of the ehiefs and leaders were cultivated by the people attached to their ditf'erent lands, the vil- leins, heretofore mentioned, who were practically slaves, and, in the very earliest times, passed with the estates on which they dwelt. In course of time the land owners allowed them to occupy specitie ])art8 of their lands at will, yielding a return of corn, hay, of other portions of their crops ; and later they granted them the lands for a certain number of years, by which they were enfranchised, the owners reserving an annual return of portions of the corn or other pro- visions. From this the lands thus granted were called farms, from the Saxon word/con/i, which signifies pro- visions.' This return for the use of the land, was ex- pressed by the Latin word redditns, which means ' re- turn,' and from it comes our English word ' rent.' Rents were of three kinds, 1. Rent service; that is ])ayment of money or produce, and fealty, which was the only rent known to the common law and to which a right of distress was incident. 2. Rent charge ; when the rent was created by deed, no fealty was annexed and conse<|uently there could be no distress in case of non-payment ; hence an express power of distress was inserted in the deed to cure the difficulty. A rent so reserved was said to be charged with a dis- tress, and hence called a rent charge. !5. Kent seek, or dry or barren rent ; this was simply a rent for the recovery of which no power of distress was given by the common law, or by the agreement of the parties.'' All three kinds were used, but the first or rent service was that generally reserved in manor leases in New York. The leases themselves were granted for terms of years of longer or shorter periods, with cov- enants of renewal, or without, as the parties could agree. Usually they were for long termn, and some- times they were made in perpetuity, in which latter case they were called fee-farm leases, and the rents fee-farm rents. In the Westchester County Manors there was great latitude in the character of the lease holds. The Lords and their Tenants were l)ound by no hard and fast rules, and made justsuch agreements with each other as they saw fit. Sometimes the right to purchase the fee by the tenant upon terms was in- serted in the leases. IJut it was the custom generally to sell the reversion of the fee to the tenant, whenever it was desired and the parties could agree upon the terms of the purchase. These leaseholds were de- visable by will, and divisible, with the lord's assent, into parts in the lessee's lifetime. This nuide it easy for tenants to retain their farms in their families from father to son if they wished, or to diviile up a 'CriiiKoTlt. VIII., ch. T. ?!., andTlt. XXVIII., rh. I. { 1. = Cruiii»!Tit. XXVIII., lb. 1. large farm into smaller ones, among several sons, or married daughters. lUit in all cases the consent in writing of the lord was necessary. And, as a rule, this was never withheld, when the subdivisions pro- posed were not made too sniall. In these divisions of a leasehold, the rent was arranged to be paid in one of two way.<*. Either the lord consented to take it in fixed parts from the holders of the subdivisions, or, which was most usual, it was agreed among the sub- tenants that some one of them should pay the entire rent under the whole lease to the lord, and be re-iin- bursed by each of them for his own part. The amounts for the difi'erent \n\r\n were apportioned among them- selves in this case as they chose. When the lord ac- cepted the rent in parts the api>ortionnient was nuide by him, or his steward, with the tenants at the time such division into parts was agreed upon. In the Manor of Scarsdale, there were, within the personal knowledge of the writer, instances of tenants holding theirlfarms for four and five generations, and then pur- chasing the reversion of the fee from the lineal repre- sentatives of the Lord to whom the fee had descended. And it ?nay be said that much the greater number of tlij original tenants of that manor, or their descend- ants became the owners in fee of their farms by direct |>urchase from the first Lord, Caleb Heathcote, or his lineal descendants. Several of these farms have been so sold and so acquired in the memory of the writer. Another rule which obtained with the owners of that manor, and with some of the owners of the manor of Cortlandt.also, to the writer's knowledge, was, that no stranger tothetenantsof any farm was ever permitted to purchase the fee of a farm, without the owners first giving the tenant in possession the first opjiortunity to purchase it. In the latter manor many farms were originally leased to tenants on ninety-nineyears leases, and in some instances they have remained in the fam- ilies of the same lords and the same tenants (luring that entire term, and upon its expiration tlieu sold in fee. One of these farms which descended to the writer, had been divided into four parcels by the origi- nal tenant in the manner above mentioned. And ten years ago, when the ninety-nine years' lease had ex- pired, two portions of it were still in the hands of the great-grandchildren of the first tenant. The right to purchase, though there was no obligation to do so, the term having expired, was offered to them. Hut not wishing to profit by it, the fee was sold at public auction, and bought by an adjoining neighbor, who some years before bad ac(|uired the fee, or "soil right" of his own farm in the same way. The holding, of llie litndx, from tlie Sovereign Authority, and the nource of n part of it« revenue. And this i« tlie renHoii why the auceeiiHoftlie Ameriean Revolution had no ctt'eet what- ever ujion <|uit-rentH, and that they eontinued payable after it, juit as they were before, the Htate succeeding to the revenue from them formerly enjoyed by the Crown. The Manor-Grants in the County of Westchester varied a little in the form and ternis of the elanses providing for the reservation and the payment of these (juit-rents, and the times of their payment. The clauses were framed in the model of the quaint old clauses of the ancient Manors of England, of five centuries before. lUit e.\cept this mere resemblance there was nothing "feudal" in them more than in the reservations of rent in a modern lease of a store on Itroadway, a farm in the Coinitry, or an opposition Itail Road, or Oil, Company. The <|uit-rent clauses of the ditferent Manor-Grants in Westchester County are these ; — Manor of Oirtlamll : — "Yielding ren early and every year unto us, our heirs and successors, at our City of New York, on the feast day of the Annunciation of our Blessed Virgin Mary, the yearly rent of forty shillings current money of our said Province, in lieu and stead of all other rents, services, dues, and demands whatsoever for the afore recited tracts and parcels of bind and meadow, Lordship and Manor of Cortlandt and jiremises." Manor of Smrml'ife : — "Yielding, remlering, and paying therefor yearly and every year forever at our City of New York, unto us our heirs and successors, or to such ofKcer or officers, as shall ftoni time to time be empowered to receive the same, five ])ounds cur rent mmiey of New York, upon the Nativity of our Lord, in lieu and stead of all services, dues, dntici", or demands whatsoever." Manor of Pe/ham : — L^ce Searsdale as far as the word "same" inclusive, and then, " twenty shillings, goofl and lawful money of this jirovince, at the City of New Yorke, on the five and twentyeth day of the month of March, in lieu of all rents, services, and demands whatsoever," Manor of Morrimnia : — " Yielding rendering and paying therefor yearly and every year, on the least day of the Annunciation of our Hle^scd Virgin, unto us, our heirs and successors, at our city of New York the annual rent of six shilling."*, in lieu " etc. " for the said lordship and manor of Morrisania, and premises." Manor of Fordham: " Yealding, r.?ndering, and paying yearly and every year unto his Royal High- ness, the Duke of Yorke and his successors, or to such governor, or governors, as from time to time, shall by him be constituted and appointed, as full acknowl- edgment and quit-rent, twenty bushels of good peas upon the first day of March, when it ahall be de- manded." ' Manor of I'hiUpihorough : ' " Yealding, rendering, anil paying there'or, yearly, and every year, on the feast day of the Annunciation of the lUemcd Virgin .Mary, at our fort at New York, unto us our heirs and successors, the annual rent of four pounds, twelve shillings current money of our said jirovince, in lieu of all former renta, services, dues, tlnties, and de- nninds for the said Lordship or Manor of I'hilips- borough and premises." In the i)art8 of this essay treating of these Manors severally, will be found co|>ies of the official receipts for these quit-rents given by the authorized Crown officers to whom they were payable. IJeing so snuill, they were practically allowed to run for a numl)er of years, and then paid in a gross sum. Upon Crown Grants all over the province, not Manor-Grants — Patents as they were termed — the quit-rents were usually fi.xfd upon the number of acres included, or estimated to be included in them, at the rate of two shillings and six jtence sterling per hundred acres. Rut though this rate varied in some instances it may be taken as the general rate. Some of them were payable in kind usually in winter wheat. As the Province grew the amount of iinit-rents increased and came to be an important part of the public revenue. Several acts of the Legislature from time to time regulated the times and mannerof their payn\ent, when they had liillen into arrears, which was a common occurrence, the last of which was in 17ti2, which also carefully ]>ro- vided for the )>artition of large estates where they had come into the posse-sion of numerous heirs. But space will not permit of more than this allusion to this legi^ilation. After the Revolution when the Suite succeeded to the rights of the Crown, and in 1' i(), an act was pas.sed providing for the |(ayment of Jie (|uit-rents to the State, and permitting the owners of lands subject to them, to commute by paying a sum in gross, u])on the recei])t of which, the lands were declared free and 1 one of these acts also changed the pay- ments from the securities mentioned above to gold and silver, at the lower rate of twelve shillings for > Thl« KM the only ManoMJrant In the Cuiinty of Westeheiter l89uentinucHvnu>iitH and coiiiiiiutatioiiH were HiiH|it'iiin|itroller waM aulliorizud to Ht'll and <-oiiiniut«>, on the aanie terms tm l)eton', but ill a method tt|iecifieCh.20QarLawaafl81.'> satisfactory terms, which is termed EnfranrhiMing tbe lands. It will be seen when, a town or city has over- grown a Manor and the latter has been divide:', .iito I lots how very valuable manors ii< such a condition 1 become. The writer personally knew of such an in- I stance in (Jloucestershire, where the City of Chelten- I ham has spread over the Manor of that name j A little upwards of twenty years ago, that manor I was purchased in the manner just mentioned, and the j new Loril issued through his Steward, who was also I the Steward of the former Lord, his proposals for En- franchising the lots in the Manor within that City. A copy of them is here given aa an illustration of the nature and working of copyhold lands in an old Eng- lish Manor, and their advantages and disadvantages, and the method by which they can become lands in fee simple. Although no copyhold lands did exist or could have existed, in New York the matter is of interest in connection with the general subject of thiB essay. ".MANOR OF CHELTENHAM. Enfranchi»emenl of Copyhold Property. The Purchase by Robert Sole Lingwood Esquire of the Manor of Cheltenham having been completed, we are n.Miuesteil by him, as Lord of the Manor, to signify to the Copyholders that every facility will be aflbrded to those who desire to enfranchise their Copyhold Projterty, and that the terms on which such enfran- chisement may be ed'ected can be ascertained either through us or by application to Mr. Lingwood. Whilst very reasonable terms will now be accepteyhold property, for the admittance of his heir or devisee. — 4. The expence and inconvenience, frequently oc- 98 HISTOllY OF WESTCHESTER COUNTY. casioned, to the Wife of a Copyholder, of having to travel from a tlistaiiee to make in person a surrender of property sold or mortgajjed by her Husband. — 5. The liability to publicity t-onaequcnt on the sur- render of Copyholds being made in open Court, and the proceeilings being recorded on the Court Rolls which are accessible to all th^ Tenants of the Manor. This is particularly objectionable with reference to Mortgages. — f). The liability to absolute forfeiture of the prop- erty, if the Owner dig clay or brickcarth therefrom, or cut timber, or otherwise commit waste without the previous sanction of the Lord. Many other grounds might be stated in favor of the Enfranchisement of Copyholds — butthc foregoing are Bomeof the more important; and in Cheltenham, where pi'^-half of the property is Copyhold, notliing iwed i/e added to shew the importance of the Copyholders nvai" % themselves of the op.ortunity now ottered to them >,;' immediately enfranchising their property on reiisonable terms. — Cheltenhiim W. U ftWiXNKlT, 19 .January, 18<)3. Steward of the Manor." One incident of a nninor was the right to tithes which sometimes could be ac(|uired by tli"' lords by prescrip- tions. This incident, as the miuiors of New York were new, was of little value for no prescription could attach to a new manor. It is singular, however, that in the very firsi manor erected in WestcluMter County, that of Fordham, in 1G71, provision was nimle for the pay- ment of a parson when it should hav(; iiihal)itants. Its Jjord, .John Archer, and his heirs, were granted the privilege of obliging the inhabitants, when there should be enmigli of them, to contril>utc to the maintenance of a minister.' Had IIiIm been done which it never was, the method of contribution would naturally have been by tithes. As tithes were not known in America, it is perhaps well to explain brietly what they really were. During the (irst agis of Cliristianity tiio cler,^ 'ere su|)ported by the voluntary ott'erings of the precarious subsistence the siastics in <-v, ry country i the Jewii-:! i ."'.v claimed tablished, .. -v''- to (,h (sf l.w;;d8. This right appears to have been fully ad- mitted in Fngland before the Norman ( 'cmiucHt, and acquired the name of tithe from a Saxon word sig- nifying tenth. " Dismes or Tithes are an Fcclesias- tieal inheritance, collateral to the estate of the land, and of their propi r initure due only to KcclesiaLtical persons by the ecclesiastical law.- They were merely a right to the tenth jjart of the produce of the soil, produce of live stock, and the iiersonal in- dustry of the inhabilaiit:<, in return for the bcnclil the latter derived from the ministry of their spiritual ' Muiiiir (Jniiit of Foiinmin. TT, noll.m, VKl, 2.1 iil., ami iwol. >II, D'Aviirr's AbriilftiiicMit iro- ducts of the soil, but these recpiire no further men- tion here. Glebe lands, however, were very common in Amer- ica, in New Y'ork, and in Westchester County. They were lands given as an endowment by the Lords of Manors, and other large landholders, for the support, or in aid of the support, of Rectors, or other clergy- men, of parishes. The original parishes of West- chester County all had glebes; and so, towards the close of the Coh)nial era, had the different churches and parishes erected and formed at ditl'rreut places, out of those parishes. Of course, all the original par- ishes as well .18 the later ones, were jiarishes and churches of the Church of England, as is shown by their very nomenclature. A nomenclature which the dissenting organizations of all kinds always repud- iated, and never have used, since they severally came into existence during the last three centuries. Like all English parishes these in Westchester County were territorial divisions, each having Church War- dens, Vestrymen, ;.nd minor Parish ofHcers. In aildition to their duties and powers relative to the Parish church, its Rector, and the nuiintenance, of church services in their I'ullness and propriety, the Wardens and Vestrymen possessed, exercised, and were by law bound to perform, many civil duties, now laid U])on, and pertormed, by Town and County offi- cers, such as the repairs of highways and bridges, mainteinince of the jMKir, the assessing and collection of rates and taxes, and similar local duties, including the i)reservatiou of the public peace. They were not, as Church wardens and Vcstrynieii now are, officers of a |iurely ecclesiastical organisation, but the civil officers of the parishes or territorial organi/ations of the church of Hngland, as established by law in the County of Westchester, They were elected by all the freeholders rtsidentin their respec.ve i>arishes, whatever their religious views miglit be. And before entering upon the duties of their offices, pursuant to a law of the Province passed the 27th day of .Fuly 1721, took the following oath anninilly, which of itself lni-mru and wrordiiiij III i/oiir ltr»t Skill mid Kiioiclidije therein. Voii nhall tpiire no jxrmmii for Ihvoiir or Affection, or THK ORKIIN AND HISTORY OF THE MAXOHH. <)!'l grirrc anij prrKon for Hittrrd or III Will. So Help you God!" ' Their j)owers and duties of every nature were per- fectly well undenstood nnd aeknowledged, nnd their authority obeycil, without hesitation, by the people of Westchester tNiiiuty tliroupliout the Colonial era. Oc- casionally some bitter opponent of the church of England would try to prevent the performance of their legal duties or the legal exercise of their powers, by word, and deed, sonietinies with great heat and violence, Just, as the dissenting clergy did in nuitters of the exercise of clerical functions. Hut their legal rights and duties as ])arish officers under the laws of the Province were never contested or detiied in the Courts of the Province. The People ki'cw them perfectly and acted accordingly. A remarkable proof of this was furnislKMi in the case of the Parish of Rye, in 17!t4, eleven years ath'r the peace of I7HH. and six years after the first organi/ation of the County into townships, in lti8H, which terminated the political existence of the Parishes and the Manors. Certain creditors of the " late Parish of Rye," in that year obtained )>nyment of the debts due them from the various newly organized towns form- erly parts of that Parish, 'iirongh an Act of the Legis- lature of the State ](asrinistry Act of 1(>9M, which created the Parish, up to its extinction by the Act of 17H4, repealing thai Act, and its .•iiit/ Mnnim in urnur /mm tlir hi(r J'arinh of h't/e, in llie ( 'ountij of WestchfKlir. ramrd thr iXf/i n/Janmirij 1794. Whereas it hath been represented to the Iy be lawful for the Supervisoi-s of the said County of Westchester, or the nuijor part of them, and they are hereby required at their next annual meeting to examine into, and ascertain the amount of the monies so recovered as aforesaid, as also the costs of defending the said suit, and to ascer- tain also the amount of other monies so due from the late Parish of Rye as aforesaid, and to cause the said monies, and also such other sum or sums of money as they shall find to be bo due, together with one shil- ling in the pound for collections, and three pence in the pound for the fees of the County Treasurer for re- ceiving and paying the same, to be levied on and raised from the Towns which constitute the said late Parish of Rye, in the same manner as the contingent charges of the said County are usually raised ; which monies when so raised, shall be paid by the Collect- ors respectively, to 'he Treasurer of the said County on or before the firs.. ' aesday of February in the year one thousand seven hundred and ninety-five, who shall pay the same after deducting his fees, to the persons to whom the monies are due; and if any Collector shall refuse or neglect to perform the duty required of him by this act, he shall forfeit and pay the sum of twenty pounds to the Treasurer of the said County to be recovered with costs in any Court having cognizance thereof by an ,\etion of debt in the name of the Treasurer of the said County for the time being, and to be disposed of for the use of the snme County in such manner, and for such purposes as the Supervisors of the said County, or the Major part of them shall think proper and direct.' II. T/ii' Church of Knfiliinil I'amcliidl nrijiniiznttnn in \Vi»t Clicxtfr Cinintij in iU relation to tin' yfiinum thirein. In ICngland the Houndaries of a Parish and it Manor were otten coiiu'ideut, and in the very earliest times this was gi'ncrally the case. Later a Manor, ot- te!i emliraceil more than one Parish. Sometimes a Parish contained within its limits two or more Manors or parts of Manors, and lauds iu)n Manorial. In New- York the latter was the case. In the County of West- chester the Parish)"' erected, in WX\ by an act of the Legislature v.er ili- ' '"arish of Wi.'stchester," anil the " Parish of Rj ..' The former included West- chester, ' iastehester, Yonkci-s and the Manor of Pel- ham, '.iu' latter Rye, Mamiironeek, and lledford.' These divisions were termed the " Preciiu-ts" of these 'Parishes, The Parish of Westchester included the three .tLiUors of Pelham, Morrisauia, and Fordliam, witii the lower part of Pliilip^^eburgh. The "'fen Farms," as Eastchester was originally termed, were separated from the mother Parish and erected on the petition of its peo|ile into a Parish by itself in the year 17<>(), under a special act of the Legislature, " by the name and stile of The Parish of Eastchester in < II. !lm. ITIII, |>. fi. >■<. Ilrniironl, W-W. 100 HISTORY OF WESTCHESTER COUNTY. the County of Westchester." ' The ' Parish of Rye" inchuled the Manor of Scarsdale, and the non-man- orial laiuU of Rye and Bedford. Later Yonkers was taken from Westchester, and made a Parish l)y itself. It was the only Parish entirely embraced within the limits of a Manor, being wholly included within the boiuulariei* of Philinse- 1 ' i burgh as they are described in the Manor-Grant of j that Manor. New Rochelle was taken out of the Manor of Pelhnni and ^'ventually made a Parish by itself, though it long continued a Precinct of the Parish of Westchester. These were ♦' .• Parishes in Westchester County, one of the four unties of New York, in which, the Church of England became, under the legal action of the Crown of England in its c(in<|uered Province, the Established Church ; the others being the Counties of New York, Richmond, and C^ueens. A misconception has existed in relation to the origin ami entabHshnifnt of the Church of England in tb<) i)art of the territory of New York, comprising the four t'ounties that have been named. It has been owing mainly to the little attention bestowed on the subject, both by those who are now tlie successors in belief of the Church of England since the American Revolution, and those of the dissenting ecclesiastical organizations. The few writers who have referred to the subject at all, have taken for granted, and honestly believed, that no such establishment ever existed, and, of course, have written in that belief and with that idea. lUit some attention to the .Vuthorities, and the then law, bearing upmi the siiUji-ct, will show that the current popular opininn is not as well (bund- <>d as has been supposed. The (piestion is a purely historical one. And on'y !n an historical point of view can, and will, it be con- -sidered here. From and after the English coni|Ucst of New York in Ul(!4, excepting only the fifteen months that the Dutch recon(|Uest of KiTI! lasted, under all the Eng- lish Governors, their Chaplains maintained the ser- vices of the Church of Etiglaiul and perliirmt'd all i'lerical duties in the cba|)el in the Fort in New York. By the several "Commissions'' and "Instructions" to the (iovernors under the signs-nnitnnil of their Sovereigns, and their several oiillis uf ollice, the dif- ferent (iovernors were coiiiiiiaiiiie(l and compelled to nuiintain and support the ('hurch of England in the Province of -New York. This was tiie exercise in New York of a )iower which was legally vested in the Sovereign of England by the law of England, and which by his coronation oath lie was bound to exer- eise. Although so strictly commanded, the (iovernors were unal)ie to carry out their Instrnetions in any other way than in the King's chapel in the Fort, as aliove stated, for twenty-nine years. This was owing to the fiict that the English spenking peojde in the > II. llnxironl, :i!i. Province were so few in eou^parison with the Dutch, and the French, (the latter alone being one-fourth of the ("ity po]>ulation prior t^) 17!K)), that the church in the F'ort was sufficient for their needs in the City ; while those in other parts of the Province where there were any English at all were so very few, that it was im]>ossible to act at all in the matter. All this time it must be borne in mind that the Ccinmissions and Instructions of the Governors were continually in force. At length the increase of thj English population became sufficient to justify a movement putting them in operation. On the 28th of August, l()i)2. Colonel Benjamin Fletcher arrived in New York as Governor in the ship " Wolf," having been ap- ])ointed by William and Mary on the 18th of the preceding Jlarch.'^ He was wannly attached to the Church of England. Chief Justice Lewis Morris in a judicial <»pinion in 1701, speaks of him as "Coh)nel Fletcher (justly styled the great patron of the Church of England here)." ' At his instance, pursuant to his Coinmissiou and Instructions, the Legislature, com- posed of the Governor, Council, and Assembly, an- swering to the presr lit Governor, Senate and Assembly, passed on the 24tli of March, Ki'.t;}, seven months only after his arrival as Governor, "An Act for Settling a Ministry and Raising a Revenue for them in the City of New York, County of Richmond, Westchester and Queens Counties."* This act gave an ini|)etus to the Church of England in New York, which it never af- terwards lost, rnder it and the etl'orts and support of a few P^iiglish Churchmen in the City of New York who had oiL'iini/.ed lliemselves into a body styled "The Manancrs "I IJ].- Church of England in New York," at the head ot which was Colonel Caleb Heatheote, that Church began a growth, which has continued to this day. Increasing ever after, some- times faster, sometimes slower, that Church became during the Colonial era, as it has continued to be since the American Revolution, under its present title of the Protestant lOpiscopal Church in the United States, the lea 80 In the orlgtiukl. prudence and piety amongst us are otherwise perswad- ed ^whose welfare and peaceable satisfaction we desire to accommodate ; this Court doth Declare; That all such persons, being so approved according to Law, a» Orthodox and Sound in the Fundamentals of Chris- tian Religion, may have allowance in their perswn- sion and Profession in Church ways or Assemblies without disturbance. . . . " It is further ordered ; That wheresoever the Minis- try of the Word is established according to the order of the Gospel throughout this Colony, every person shall duely resort and attend thereunto respectively upon the Lord's day, and upon such publick Fast dayes and dayes of thanksgiving, as are to be general- ly kept by the appointment of Authority. And if any ]>erson within this Jurisdiction, shall without just and necessary ciiuse, withdraw himself from hearing the ])ublick Ministry of the Word, after due means of conviction used, he shall forfeit for his absence from every such meeting _A'i'e ahillings. . . . " It is ordered by this Court ; That the Civil Authori- ty here established hath power and liberty to see the Peace, Ordinances and Rules of Christ be observed in every church according to his Word ; as also to deal with any Church nicmbci' in a way of civil justice notwithstanding any Church relation, office, or inter- est, so it be done in a civil and not in an ecclesiasti- cal way, nor shall any church censure degrade or de- pose any man from any Civil l)ignity. Office or Au- thority he shall have in the Colony.' Such was the Established Congregational Church of Connecticut, on the East end of Long Island. To both it and the Colony, the final determination of the Joint-Commission appointed to settle the boundary (piestion after the Dutch surrender, that the eastern part of Long Island was included in the Duke of York's Patent and was a i)art of New York, was a blow as severe as it was unwelcome, and the people of that region protested against it, but in vain. Al- th(mgh this decision severed the civil connexi'>ii between Sutl'olk County and the Colony of Connecti- cut, it did not affect the ecclesiastical connexion be- tween them except that it ended the hitter's power to enforce its church laws there by the civil arm. And its ellect is perceptible to this day, notwithstanding the fact, that Presbyterianisra came there about 1717, and that, since the American Revolution, several other forms of Christian belief have obtained 11 footh(dd in that County. So strong was, and is, this old feeling, that the editor of the Southampton Records, published in 1S77, says in his preface to the hecond volume, " Had the wishes of the peoplu been consulted, this union would have still continued, and to-day our dehgatee to the Legislature, would asccml the Connecticut Kiver rather than the Hudson."'' These were the caiisoH, the efficiency of which can- 9 lliH>k of rhe Oeneral Lswn, collected out of the HvconU of the (li'iieiul roiirt, |<|). 21, tl- nrliili'.T'> Hoprint of IBOft, of the ml. uf 1117.1. ^.>lr. W. S. Pelletn-iiii. 102 HISTORY OF WESTCHESTER COUNTY. not truthfully be denied, why the Engliah Governors of the Prov'uue of New York, in obedience to the " In- structions " of the Eni'lish King;, could take no ste|ie to establish the Churi.i of Enjrlaiid, except in those l)art8 of that Province, where itcr)uld possibly i)edone. The Church of England in New York originated not in this " Ministry Act'' as has been so generally believed and stated, but in the earlier action of the English Sovereigns, in virtue of ihe law of England. That act was merely the second step taken in obedi- ence to the Royal Instructions. It was also an illustration of a |)rinciple, which obtained through- out British America Ironi the earliest settlement of Virginia down to the close of the American Revolution. That principle was this, "that some form of religion, dissent from which in- volved serious civil disabilities was established in nearly all the Colonies by virtue, of either the local or the imjierial law." These are the weirds of Ex-l*ro- vost Still6 of the University of Pennsylvania, in his "Religious Tests in Provincial Pennsylvania." ' Mr. 8tilli'' has treated this subject so ably, and so well, and his conclusions being so nearly identical with those to which its investigation had already led the writer, that his statement (which has only appeared .since this portion of this essay was begun) is here given in preference to the writer's own, which was not «]Uite so full, and because it corroborates his views. "The truth is," says Mr. Stillc, "that during the Colonial ])erio(l we were essentially a nation of Pro- testants, with fewer elements outside Protestantism than were to be found in any country of Europe, and that we, forced to do so, either by our own earnest conviction that such was the true metho>l of support- ing religion, or by the laws of '.he Mother-country, took similar methodsof maintaining and perpetuating our Protestantism, excluding those who dissented from it from anysharein theg.Jvernment,andfranklyadopt- ing the policy which had prevailed in England from the timeof Queen Elizabeth. . . . There were, it is true, in some of the Colonies, especially New York, at times ' ineH'ectual murmurings ' against laws which forced people to pay taxes for the support of a ministry whose teachings were not in harmony with the re- ligious sentiment of the great nuiss of the inhabitants,' iind in Pennsylvania there was a long, anil at last a successful struggle to induce the Imperial (Jovern- ment to regard the attirmation of a Quaker as cipiiv- alent to the oath of another man ; but if there were any men in our Colonial history who, after the ex- ample of William Penn, and Lord Baltimore, lifted up their voices to protest, as these men had done, against the violation of the jirinci pie of religious liberty here, I have not been able to discover their names. The ' IX. I'ann. '\«k- "f Hlieory, ;172. ru than tltu MinlMtry .\ct iif New Vnrk in «'iii tlm IMiritniiHni of tUim Ii>iiit..t, tn \my tii\<"* to iiiip|H>rt tth-ir ** l'>tat>Hiihi'il I'hmvli." only subject of a ({uasi-ecclesiastical nature which appears to have excited general interest and to have met determined ojiposition was a scheme, at one time said to have been in contemplation of sending Bishops to this country. It was opposed not so much because it was thought to be the Hrst step towards forming a Church Establishment in this [whole] country, as be- cause the Colonists had a peculiar abhorrence of the methods of enforcing the jurisdiction of the English Church as they were familiar with them in the old country. They may have forgotten many of the sutierings they had endured in England in couse- (|Uence of their non-conformity and even committed themselves to a theory of Church establishment, but there was one thing they never could forget, and that was the prelatical government of Land and the High Commis'iion, and upon this were founded the po]iular notions of the authorit vielded by Bishops. ... I I aui well aware that thei^e statements of the general prevalence of a principle here during the Colonial period, which in contrast to that now universally re- cognized I must call the principle of religious intol- erance, will appear to many too wide and sweeping. But a very slight examination of the (irovisions in this subject in the laws of the Colonies will, if I mis- take not, produce a dillerent imjiression. In Virginia where the English Church was early established by law and endowed, men who refused or neglected to bring their children to be ba])tizeil were punished with civil penaltits; (.Quakers were expelled from the Colony, and should they return thither a third time, they were liable to capital punishment. Any one who denied the Trinity or the truth of the Christian religion was deprived i)y the Act of 1704 of his civil rights, and was rendered incapable of suingfor any gift or legacy. In New England, except in Rhode Island, religious intolerance was very bitter, It is true that in Massachusetts, under the charter of 1691, the |H)wer ot committing those barbarous acts of ])erse- cutiou of which the theocracy of the old standing order had been guilty was taken away, and all Christiana, save Homan Catholics, were permitted to celebrate their worship, yet none but memliers of the Congre- gational Church could l)e freemen, and all were taxed for the sup|M>rt of the Ministry of that Church. In Maine which whs a District of Massachusetts, in New Hampshire, and in t'onnccticut, the same general system of religious intolerance prevailed. Conformity was the inllexible rule throughout New England. In ' New York, the Uutcli were protected by the provisions of the Treaty of Breda, which guarant.'cd them the IMMsessioii of their property then held there for reli- gious ]iur|Hises and their ecclesiastical organixatiou.' But the royal (iovernois of that Province ex]ielled any Catholic priests who might l)e found within their territor)' on the plea that they were exciting the In- >Tli>' iirtiiieaof llio two " numnilon uf liill-l iiiiil lUTI," alioiilil liiire In-tii iiirntionpd alio In till" oniiiii'Xloii. THE ORIGIN AND HISTORY OF THE MANORS. 103 |itMiU>il till 17H1, one yt-iir iifttT iIk- itstublishiiH'iit uf IndfitendiMictt. It witii lliu biiiw York from Mlt:! to 17H4, full nliirty yoiiiT*. -1. W. ttiiil M., rb. IH. Kxeiiiptiiig "liiwonlnix from the |M'nulfio8 of i;<-riuin biAVH iigHiunt non-conformity, but iV'iulrliif; uii oatli aguinat liuiiHnlMtanliiitlou, and uf allegiunco to William and Mary, he was everywhere wholly disfranchised. For him there was not even the legal right of public worship. If he were a Protestant differing in his creed from the type of Protestantism adopted by the rulers, although he could freely celebrate in nearly all the Colonies his peculiar form of worship, he was nevertheless ex- cluded from any share in public att'airs. He could neither vote nor hold office,' and he was forced to contribute to the support of a religious ministry whose teachings he in his heart abhorred. And this condition of things, extraordinary as it seems to us now, had not been brought about by any conscious arbitrary despotism on the part of the rulera, but was the work of good but narrow-minded men who were simply following out the uniform practice of the Christian world, and who no doubt honestly thought that in so acting they were doing the highest service by obeying the will of < iod." * The Miuistry Act of New York was simply the carrying out as far as it was possible of the Commis- sion and the " Instructions " which Governor Fletcher had received from the King. These " Instructions " to the Governors of the Rritish Crown Colonies, which were delivered by the English Sovereigns in writing to each Governor when first appointed, were the Con- stitutions of the Colonies under which tbey were ruled by their Governors, just as the Charters from the same Sovereigns were the Constitutions of the Char- tered Colonies under which they were governed. Both were given in the exercise of the Royal Prerog- ative, and were in fact grants of it. The charters could not be revoked except for cause as long as they were lived up to and obeyed. The "In- structions" were the Royal directions from the King for the governing of his Province, and could be altered, varied, or revoked at his pleasure. In point of fact they were never changed in the time of each Governor, except to meet some exigency not contempleted when they were issued. Upon the appointment of a new Governor, either new " In- structions " were given to him, or, if those of the prtveding Governor were satisfactory to the Province and the King, he was simi>ly directed to carry them out as his own. The Instructions of Charles II. to Sir Richard Nicolls the first English (Jovernor of New York, dated the 2;kl of April, WA, five months prior to the capture of New York from the Dutch, directed him to avoid giving umbrage to the people of Massa- chusetts, where he was to stop on his way to New York, by being present at their devotions in their churches, but the document thus continues, " though wee doe suppose and thinke it very fit that you carry with you some learned and discreete Chaplaine, ortho- dox in his judgment and practice, who in your owne > New York wan an exception to this, as tu all n)ligiou% except the Roman I'atholl'-. MX. IVnna, Mag. Hist., ;i72-37fl. 104 HISTORY OF WESTCHESTER COUNTY. farnilyes will rondo the book of Common Prayor and performe your devotion according to ye forme eHtablishod in the Church of England, excepting only in wearing the «urple«80 which haveing never bin soon in those countryes may conveniently be for- borne att this tyme." ' The Instructions of Lovelace the second Governor seem not to have been preserved, but he says in a letter of the 28th of August, 1(1(>8, to Secretary Lord Arlington : " 1 have since happily accomphisht my voyiulgo and am now invested in the charge of His Royal Highnesses teritorys bring the middle position of the two distinct factions, tlu i'apist and I'uritane." '' In the time of Thomas Dougan, afterward the Eurl of Limerick, the third Governor of New York, Charles the Second died, the Duke of York succeeded as James the Second, and his Lord Proprietorship merging in the Crown, New York thenceforward be- came a Royal Province, governed directly by the King through his appointed (iovernor. Though a Roman Catholic himself, and his Governor, Dongan, was of the same religion, James, as King, acted promptly, and without hesitation, and gave Dongan the most pointed, and strongest possible, " Instructions " to establish the Church of England in New York. A King of England by the law of England could not do otherwise. Hut the thoroughness of Jiimes's action under the circumstances is very surpriting. His "In- structions" to Dongan bear date May the '2!ttli, 168(). They not only established the (Church of P^ngland, but also i)laced it ui\der the eeclesiustical jurisdiction of the Archbishop of ('anterbury, and are in these words : "31. You shale take especial care that God Al- mighty bee devoutly and duely served throughout yo' (tovernment: the Hook of Common Prayer as it is now established, read each Sunday and Holyday, and the Blessed Sacrament adininistred according to the Rites of the Church of P^ngland. You shall bee careful that the Churches already builtthere shall bee well and orderly kept and more built as y" Colony shall, by Gods blessing bee improved. And that be- sides a competent maintenance to be assigned to y"' Ministerof each Church, aconvenient House bee built at the Comon charge for each Minister, and a com- petent Proportion of Land sissigned him for a Glebe and exercise of his Industry. " 32. And you are to take care that the Parishes bee so limited & settled as you shall find most con- venient for ye accomplishing this good work. "33. Our will and pleasure is that noe minister be preferred by you to any Ecclesiastical Henefico in that our Province without a Certificat from ye most Uov- crend the Lord Archbishopof Canterbury of his being conformable to ye Doctrine and Discipline of the Church of England, and of a good life and conversa- tion. >ill. N. r. Ool. HIat. 4U. < Ibid. 174. 34. .\nd if any person preferred alreatly to a Hene- tice shall appear to you to give scandal either by his Doctrine or Manners, you are to use the best means for y° removal of him ; and to supply the vacancy in such manner as we have directed. And alsoe our pleasure is, that, in thedirectionof all Church Atlairs, the Minister bee admitted into the respective vestrys. And to th" end the Ecclesiastical Jurisdiction of the said Archbishop of Canterbury may take place in that our Province as farr as conveniently may bee. Wee doe think litt that you give all countenance and encouragement in y" exercise of the same ; excepting only the Collating to Henoficos, granting licenses for Mai re, and Probate of Wills, which wee have re- 8er\ to you our Gov' & to y'' Commander-in-chiet for the time being. " 3ti. And you are to take e8])ecial care, that a Table of Marriages estahlisheil by ye ('anons of the Church of England, bee hung up in all (Jrthodox churches and duly observed. "37. And y< u are to take especial care that Books of Homilys & Books of the 3il Articles of y' Church of England bee disposed of to every of y'said churches, and that they bee only kept and used therein. "38. And wee doe further direct that noe School- master bee henceforth permitted to come from Eng- land & to keep school within our Province of New York, without the license of the said Archbishopof Canterbury ; And that noe other jiernon now there, or that shall come from other parts, bee admitted to keep school without your licen.se first had." In the face of these direct, positive" Instructions" of James 11. to (tovernor Dongan there can be no ipies- tion that the King in the legal exercise of his power as King, as soon as it was possible after he came to the throne of f^igland establisluMl the Church of ICngland in his former Proprietary, and now Royal, Province of New York, subject only to the articles of surrender of I!t.'! passed by the Legislature of New York, and ashy the law of l''.ngland he could not aeknowl- eilge any other church as orthiMlox or any other Ministers, as Ministers, except those of the Church of lOngland, it follows that the words and terms of that act referred to the Church of Kngland and only to that church. That this is the sense, and the only legal sense, in which these words were then used, is shown by an opinion of Sir Edward Northey. the At- lorney-tteneral, in 170.'), asked by the Hoanl of Trade atiil I'lantations, upon the grant of ecclesiastical power ill the I'ateiit (»f Maryland, which closes with these words, "and the consecrations of chapels ought to be, an in Kngland, 6^ OrtUodox .\Hni»ter» only." ' No English (iovernor has been more uhiiii«< iirtlip "I'ul, lliit.i>r N. V." iieur- ly nil >>rtlioiii iiiiiy \h> fnitiiil. -I'liiihnrni' upliiluiia, 4J. Tliu itallii >r« lli« wrller'a, nml ni» in Itio iirliglUHl. 7* From the Instructions to Lord Cornbury, dated .lanuary 20, 1702-3. (50. You shall take especial care that(!od Almighty be dcvoutedly and duly served throughout your ( iov- ernmont, the Hook of ('omnion prayer, as by Law es- tablished, read eaeh Sunday and ll(dy day, and the blessed Sacrament administered according to the rites of the ('hiireh of England ; You shall be carefull that the Churches already built there be. well and orderly kept, and tlnit more be built as the (.'olony shall by (iod's blessing be improved, and that besides a Com- petent nuiintenanee lo be assigned to the Minister of each Orthodox Church, a convenient house be built at the Common charge for each Minister, and a competent proportion of Land assigned him for^a ( ilebe and exer- cise of his Intlustry. And you are to take care that the parishes be so limited and setled, as you shall find most convenient for the accomplishing this good Work. (51. You are not to present any Minister to any lie- clesiasticall Henetice in that Our Province without a certificate from the right reverend Father in God the Hishopof London, of his being conformable to the doc- trine and Discipline of the Church of England, and of a good life an."!. You are to eiii|uirewhethertliere be any Minister within your (tovernment, who preaches and adminis- ters the Sacrament in any Orthodox Church or (Jhaj)- pell without being in due Orders, and to give an account thereof to the said ISishop of London. (>4. And to the end the Ecclesiastical Jurisdiction of the Said Itishop of London may take place in that province So farr as conveniently nwiy be. Wee do think litt, that you give all Countenance and encour- agement to the exercise of the Same. Excepting only the Collating to llenelices, granting Lycensi>« for Marriages and probate of Wills, which Wee have re- served to yon Our (iovernour ami to the (Commander- in-chief of Our Said I'roviiice for the time being. (>r>. Wee do further direct that no Schoolmaster be heueeforth permitted to come from England, and to keep Schoole within Our Proviiiee of New York, without the Lycense of the said Bishop of Lontlon, and that no other person now there, or that shall come from other parts, be admitted to keep School without your lA'cense first obtained. (l(i. .\nd you are to take especial care that a Table of Marriages, established by the Canoiis of the Church 106 HISTORY OF WESTCHIJTER COUNTY. of England be hung up in every orthodox Church and duly obtierved, and you are to endeavour to got a Law past in the Assembly of that province (if not already done) for the strict observation of the Said Table. 79. And you are also with the assistence of the Council and Assembly to find out the best means to facilitate and encourage the conversion of Negroes and Indians to the Christian Religion ; more especi- ally you are to use your endeavours with the Assem- bly that they make provision for the maintenance of Monic Ministers to inhabit amongst the five Nations of Indians in order to instruct them, and also to jire- vont their being deduced from their Allegiance to us, by Freneli priests and Jesuita. In the instance not only of Cornbury but of each Governor, it must be remembered that these " Instruc- tions " were, not merely directions to him pei-sonally, but were the binding constitutions of tlie Province in all things civil, military, and ecclesia.stical, during each Governor's period of otHce. They were the law of the land both for the Governor and the people, which was to be obeyed by both. They were laid down, and set forth, by each Sovereign, in his Kingly capacity, under the law of England for the govern- ment of his or her Province of New York. This fact has not been considered by American historians, or by English ones either, in treating of the civil and re- ligious, — especially the religions— as])ects and condi- tions of the Royal Provinces in America in general, and of New York in particular. What then was the Kingly authority in these re- spects? Whence came the monarch's legal light to govern his Royal I'roviuces by " Instructions" to his representatives the Governors? What were the powers then vested in the Crown by the laws of Eng- laml ? The attributes of the Monarch of England, sove- reignty, perfection,' and perpetuity,' which are inhe- rent in, and constitute, his jjolitieal capacity, prevail in every part of the territories subject to the English Crown. " In such political capacity as King he is possessed of a share of legislation, is the head of the ('hurcli, generalissinir) throughout his dominions, and is alone entitled to make war and peace.'' Hut in coun- tries which, though dependent on the British Crown, have ditferent local laws, as for instance the Colonies the minor prerogatives and interests of the Crown must be regulated and governed by the peculiar law of the place. Hut if such law be silent on the subject," or if the place has become l)y eoncpiest or cession a Colony or Province of the Crown, having never before been possessed by the English nation, "it would appear that the prerogative of the King in his political ca- pacity as chief of the State, as established by English law, prevails in every respect."* " When a countrj' is obtained by conquc-^' or treaty the King posse.-ses I an exclusive prerogative jiowcr over it, and may eii- i tirely change or new-model, the whole, or part, of its laws, and form of government, and may govern it in all respects by regulations framed by himself, subject I only to the Articles or Treaty on which the country is surrendered or ceded, which are always sacred and inviolable according to their true intent and mean- ing." Lord Mansfield thus most fully and suc- cinctly lays down the law on this subject, citing .New York as an example. " A country conquered by the British arms becomes a dominion of the King in right of his crown. . . . After the con- quest of New York, in which most of the old l>iilch inhaiiitants remained. King ('liarles '-'d changed the form of their ('onstitution and |)olitical government, by granting it to the duke of York, to hold of his crown under all the regulations eontiiined in tht^ letters patent." " It is not to be wf>ndererinci|le, by Charles the Second, and .lames the Second, and William <& .Mary in their Province of New York, to say nothing of (iiiecn .Anne and her successors. There can therefore be no i|iiestioii as to the law itself, or the legality of the power liy which the Sovereigns of England, by their "Commissions" and "Instructions" to their (tovernors, established the Church of England in tJieir .American Province of New York. Now what was a " Province" in law? This term, in Latin J'niruiri(i,\vaii first used by the Romans to designate a ])ortion of territory outside of Italy, which they had subjected by coii(|uest. Its general use, however, says Chief .llistice Stokes of the (Colony of Georgia, is "to denote the divisions of a Kiiigilom or State, as they are usually distingiiir^licd by the ex- tent of their civil or ecclesiastical jurisdiction. With us. [the English people] a Province signifies — 1st. An out-country governed by a Deputy or Lieutenant ; and 2dly,Tlie circuit of an .Archbishop's jurisdiction. When the British settlements in America are sjiokcn of in general, they are called the ('olonies or Pianla- tions. If it is a Govermn'jnton the Continent [in con- tradistinction to the West India Islands] where the King apiminta the Governor it is usually called a Province, as the Province of (Quebec; but a Planta- tion in which the Governor was elected bv the inliab- ' Thli la exprMKHl by tho well-known Itgal axiom "The King nn do no wrong." 'JTliU in oxproseucl by that other well-known itxioni "The King In ilmd, lung llvo the King." > Ohiilmora' Oplnluna, lAO. y whi(^h New York was granted the right to possess and elect a representative Assembly of its own people, a priv- ilege granted lo it by William and Mary in IdUl, which ciiritinued from thaltinie without interruption as long as it remained a Itiitish Province, sprang from precisely tlu' same source, iis the establishment of the ('luircli < /iiK/niclioiiK to his (iovernorw; To say nothing of the llrsl grarting of the right to elect and hold Assemblies bv .lames II. himself as Duke of York to (lovernor Dinigan in Id.S:!, eleven years be- fore; which assemblies sat for three years, and the laws whicli they pass'd in those years, still in exist- ence, are the earliest English statutes of New ^'ork ; and which assemblies werecalleil and held solely by virtue of .lanies's "Commission " and " Instructions " to (invernor Dongan. There is another point of importance in this con- nexion. Every Commission to every (iovernor from every Sovereign of New York, contained in itu clause, delegating to him the power of collation to church lieneficcs. a jiower under the law of Kngiand whicli could be exeiH^ised only in the ('liunli of England. It was in these words, " And we do by these presents anthori/.u and impower you to collate any person or persons to any churches, chapels, or other ecclesiastical licnetices within our said jirovince and territories us aforesaid, as often as any of them shall happen to be void."'' This was the delegation by the King of his own power as Ordinary. This word derived from the Civil Law priniiirily signifies one who, of his own right, has authority to take cogni/.ance of causes. In t!ie common law it is usually applied to the liishop of a Diocese, who only could certify to ecclesiastical and spiritual acts :n his own diocese. The King as the Head of the Church possessed this temporal right lliidughout his whole Kingdon;, and could delegate it. The Hisliop could only delegate his power in temporal ec«leHia7, ' Cort- landt ' in June 1('!)7, and ' Scarsdale' in March 1701. As the 'Manor of Cortlandt ' comprised the whole northern part of the County from the Hudson to the Connecticut line, and was ten miles in width, it will be described tirst, then following the order of location of the others down the eastern si8. Hence thereare to be found many acts of the kind alluded to in the Colony laws. The jurisdiction of the "Supreme Court," of the " Inferior Court of Common Pleas " and of the Court of Sessions, extended to all lauds whether Manorial or nou Manorial. THE ORIGIN AND HISTUKY OF THE MANORS. IM Ho t?li Sherilf of the County, wlio was ulwavrt a gentlenian, watt appointed hy tlie (iov- eriior, mid served without pay, an in Kiigland, was as complete and thorough in the Manor!) as out of them. The fees of the otHce, which were vastly lighter in jiroportion, than those of elected Slicritfs now, went iitler beiiin reported to, and scriitini/.ed l;y the lliph HheriH', to the rndershcrill' and the one or two deputies, who were all that the business of the Coun- ty required in the Colon inl era. If any overcharge or oppression, was attempted, a complaint properly proven, to the Jligh Shcritf liiinself, was all that was necessary to rij^lit the wronj;;. Again, in military matters, the military organi/a- tion of the County was etfecled in the County us a whole without regard to the Manors. Soinetiiiics, however, their naiiies were given to the companies enrolled within their limits. A Colonel for the (/'oiiiity commissioiied by the (fovernor, cominanded the one regiment, which was formed of the enrolled companies within itx liiiiitti, all of which were infantry. Towaril the close of the Colonial period, when the population had increased, a Light Horse organi/.alion of one or two troops for the County in general was lornied, the Commander of which was a Lieutenant-Colonel, or Colonel. The inhabitants of the Manors were enrolled in both pre- cisely as were those of the rest of the County. The thirti act passed by the first Assembly under William and Mary in l(i!ll, provided for the annual ulection in each town of "u certain Freeholder" "to supervize and examine the I'ubliek and Necessary Charge of each respective County, which persons so diiely chosen shall elect and constitute u certain Treasurer for each respective County." It also pro- vided for the election of two Freeholders in each town as Assessors. This wius the origin in New York of County Assessors, Supervisors, and Treasurers.' Only Freeholders could be electors, and the second Act of liiHl, dctines a Freeholder to be, "every one who shall have Forty shillings per annum (N. Y. Currency) in Freehold."' And the same act apportioned to Westchester County two Members of Assembly. In the second year of liueen Anne, eleven years later, this tliiril act of ItiHl was re-enacted in an eiihirged and amended form. Its provisions are worth ([noting in lull as showing the early internal economy civil and jiolitieal of the County and how all interests manorial and non-manorial moved in harmony and unison. Its words are "That there be elected and chosen once every year, in each respective Town within this I'rov- UII. BndfonI 0. • Ibid. 3. ince, by the Freeholders and Inhabitants thereof, one of their Freeholders and Inhabitants, to eomitute, as- certain, examine, oversee, and allow the Contingent public and necessiiry charge of each County, and that each ami every Freeholder in any Manor, Mberty, .liirisdiction, Precinct, and oiit-i'luntation, shall have liberty to joyn his or their Vote with the next adjacent town in the County where such Inhabitant shall dwell, for a choice; of Supervisor (except the Manor of llcnssclaerswyck who shall have libirrty to cliuse a Supervisor for the same Mannor). And also, that there shall be in each Town, Mannor, and Pre- cinct, by the Frceludders and Inhabitants hereof, in every respective County annually two Assessors, and one Collector, wlii<'h Supcrvi/.ors, Assessors, and Col- lectors, shall be annually chose in every Town on the first Tiirmliii/ in April, or such days as is appointed by their (Miarters or Patents, which Snpervizorsso chosen shall annually meet at the County Town in each respective ("oiinty, on the first TneKdni/ in Ortobi:i; and at such other time and times us the said Snper- vizor-. shall judge anil find necessary and Convenient," to pt^rform the dnties of their oflice.'I In 1722 the iinmiicr of Supervizors was increased in the County of Westchester by a special Act, ])assed on the ()tli of November in that year, as the titrmer .Vet which applied to the whole Province, worked nnei|ually in some respects in Westchester. It pro- videewiirds or Deputies, shall be deemed and esteemei '.ipervlzors thereof respectively, anil have the saint ••m, to all intents, constructions, and purposes, wi. soever as those chosen by virtue of the Act above mentioned.* The act of 170;? called for the annual meeting of the Sui)ervisorB at the " County-town," which then was the Town of Westchester. In 174.5 the popula- tion had so much increased as to make a change to another part of the County desirable, therefore an act was pa.ssed on the 27th of November in that year changing the place of iiieeting us " much for the ease of the people," which provided that " the nn- nual meeting shall be at the School House in the Town of Rye," and that the majority shall have power to adjourn to such time and place as they see proper.' The next change did not occur till 1773, twenty- »1II. BraUfonI, .1:1. «11I. Bradford 212. >> 1 Vau ^hiuik'ii Lawn, ck. MM. 110 HISTORY OF WESTCHESTER COUNTY. eight years later. Then another act was passed chang- ing the annual meeting of the Supervi/.ors " to the Court-House at Whiteplains on account of the in- crease of inhabitants of the northerly part of said County," with a lilte liberty to adjourn to such time and place as they should please.' This building was the first Court-House in Whiteplains which was burned by the Americans a day or two after the battle of Whiteplains in 177(). It stood on the same site as its successor, the old wooden Court-House on Main St., which was pulled down after the erection of the present handsome stone edifice on Kail-Koad Avenue. Another fact of interest which shows the upwanl march of population of the people, both of the manors and the towns is the change in the place holding the County elections which it j)roduced. The Colonial elections, it must be remembered, were not by ballot an our.s are now, but like those in Eng- land, viva voce. The term " hustings " was, and is used in England to describe the place of election, but though the thing was the same in New York, the word does not sjeem to have been in use here. At least no instance of its employment has been met with by the writer. The first law on the subject passed in 1(599 directed that the t^heritf " shall liohl his Court for the same Election at the most pnblifk and nmal I'lacc of Elec- tion within City or County where the same has most usually Iji'cn made."- This was usually at West- chester before it was chartered as a " Boroughtown " and after that at Eastchcster. lint in 1751, on the ^oth of November the place was changed by a special act of the Legislature," which is of such curious interest for its reasons and choice of a new place, and its stern enforcement of that choice that it is here given in full. " Whereas the County of Westchester is very exten- give, and the extreme parts thereof to the Northward, have of late years become very populous ; and where- as the Elections for l{e|)re8entatives to serve in the (jeneral As.senibly for the said County, have, from the fimt settlement of the said County, been held at the Southern Part i/f said County; it now becomes ex- tremely inconvenient for the Freeholders of the Upper or Northern Parts thereof, which are now be- come, by far, the most numerous, to attend those Elections at so great a distance from their respect- ive Habitations : For Remedy whereof for the Fu- ture ; I. Be it Enacted by his Excellency the Governor, the Vonncil, and the Qenei-al Assembly and hy Authority of t/ie Same, That in All Elections hereafter to be Made in the said (bounty of Wmtehenler, for electing Repre- ' I Vcm SrliBiik's Lawn, oh. m\ ill. Itriidfui'd :t;t. The n'ferpuce luTc in to tliu oU Ch. lill of I. LiT. li Smith, 4S3. sentatives to serve in this, or any future Assembly of this Colony, the Sheriil" of the Said County for the time being, or his Deputy, shall hold his Court of Election at or near the Presbyterian Meeting-House in the White-Plains, in the said County, and at no other Place Whatsoever ; any Law, Usage, or Custom to the contrary notwithstanding. II. And be it Further Enacted by the Authority afore- said, That if any Sheriff of the said Counsy of West- chester, or Deputy of the said Sheriff, Shall after the Publication of this Act, in the Execution of any Writ or Writs for the electing " Representatives for the Said County, to serve in this or any future As- sembly, act contrary to the Directions, and true In- tciit and Meaning of this Act; they shall respectively forfeit the Sum of One Hundred Pounds ($250). to be recovered in any Court of Record within this Colony, by any person aggrieved ; and the said Election so made contrary to the Directions and true Intent and Meaning of this Act, shall be null and void to all Intents, Constructions, and Purposes Whatsoever." Not only does it prove the great change of popula- tion, south of the Mftnor of Cortlandt, to which it not apply as that Manor elected its own representa- tive, but the severity of the last clause would seem to show that there was some opposition, probably politi- cal, to the change. It applied to the whole County except the Manor of Cortlandt and tlie " Borough " of Westchester, which elected their own representa- tives. No other change was made during the Colonial era, and from 1751 to 1776, all the County "Courts of Election " were held at the Presbyterian Church in White plains. The Colonial elections were not held at fixed times as at present, but at whatever dates the " writs" of elec- tion were issued to the Sheriff by the Secretary of the Province, at the command of the Governor and Coun- cil. Conseiiuently they were held at variims seasons iiftheyear, but usually early in the spring orin the fall. The qualification for electors "in the Cities, Coun- ties, and Mannors " of the Province, was the having by "every one of them," "of Land or Tenements improved to the value of Forty Pounds in Freehold, tree from all' Incumbrances, and have possessed the same three Months before the Test of the said Writ." As soon as the writ was received by the Sheriff, he was obliged in six days to give at least six days pre- vious public notice of the time and place of election, to each constable in his bailiwick to be affixed to the most Public Place in each Town, or Mannor. At the time and place fixed the Sheriff attended with his Deputies and presided at the " Court of Election." The electors met, the candidates being present, the Sheriff announced the names of one side, when all of their supporters held up their hands ; then he an- nounced the names on the other, and tlieir supporters held up their hands. He then ann(l who had the most. In case the election was not determined by this THE ORIGIN AND HI8T0RY OF THE MANORS. Ill " view," iia the law calls it, or " show of hands," as it was popularly terini'd, with the consent of the elec- tors, then " a Poll " was required. The Sheriff then appointed a euflicient number of clerks who were sworn, '' Truly and Indifercntly to take the same Poll, and to set down the names of each Elector, and the place of his Freehold, and for whom he shall poll, and to poll no Elector who is not sworn, if so required by the Candidates or any of them, then and there present." The Sheriff also appointed to each candidate such one person as the latter designated " to be Inspectors of Every Clerk." Every elector if a candidate desired it was obliged to swear in his vote, which wiis given audibly by word of mouth. At the end the Sheriff nuide a. return of the votes cast in writing and announced the result. The return, which was a certified copy of " the poll " as taken by the Clerk " in his presence, the Sheriff returned to the Secretary of the Province, who i)roduced it at the first meeting of the Assembly which was the judge of the validity of all elections of its membere. Neither the Sheriff nor his deputies were permitted to charge any fees whatever. And he was bound to furnish " a copy of the poll " to any one who demanded it, on "payment of a reasonable charge for writing the same." Such was a Westchester County election in Colony Times, and such the Presbyterian Church in White- Plains witnessed from 1751 to 1705 inclusive. This edifice of woo and Free Customs to such Fairs appertaining, or which ought or may ap- pertain, according to the Usage andCkistoms of Fairs holden in their Majesties Realm of England." The Governor of the Province commissioned for each Fair "a Oovernour or Ruler " authorized to hold a Court of I'ypowder on each of the days of the Fairs, who UK.Bnul, IT. was charged with the preservation of order, and who could try all causes of Conqilaint of every Kind, and all disputes, arising at the Fairs, and could punish "by Attachments, Summons, Arrests, Issues, Fines, Redemptions, and Commodiiies, and other Rights whatsoever, to the same Courts of Pypowder any way appertaining," To these Fairs, couM be carried, for sale, (for they were not E.\hibitions for prizes like modern Fairs, but places for trade) "all sorts of Cattle Horses, Mares, Colts, Grains, Victuals, Provisions, and other Necessaries, together with all .sorts of Merchan- dize of what nature soever, and them to expose to sale or Barter in Gross or by Retail, at the Times, Hours, and Sesisons, that Governours or Rulers of the said respective Fairs, for the Time being, slmll pro- claim and appoint." The Governor was also obliged to .set apart a certain space or " Open Place" for all tlie horse kind, where they could be sold, and put a person in charge as " Toll-Gatherer " wlio was to take " Nine pence " a day for every animal brought there and sold ; and who was to jjut down in writing in a book, the names, sir-names, and dwelling places of all the said Parties, and the Colour, with one special mark at least, of every such Horse, Mare, Gelding, or Colt," sold, bartered, or exchanged under a penalty of a fine of Forty Shillings. The "Toll-gatherer, was obliged the next day after the Fair" to deliver the said book to the "Governour," who was to make a note therein of all the number of all the animals, so sold i^'c. at the Fair, and subscribe bis name to it, for which entry ;)f such sale Ac. he was " to take for Toll of the same the sum of Nine pence, the one half to be paid by the Ruycr, the other half by the Seller." It is evident from this that the old Westchester men meant that their dealings in horses at their Fiiirs should be as honest as the nature of the business would permit, whatever may been the l)ractical result. Such were the County Fairs of the Colonial Days, and to them went regularly great numbers of people with their stock and produce, from the Manors, Great Patents, and villages of all Westchester. And there too went as in more modern days the county politicians of all kinds who of course attended, as their successors do now, solely for the good of their country. In this connection it is proper to state the origin and organizati tlip oarliuet lnr>tnncL' tlio writur lias ruiinil of the tiHc of tlio woni **Hr(Hix." *' antiikon l»f« liutd " iimi " Hronkus" Land'* and Ilmnki'ii Ilivor, were tlio llrnt tnniu iisml. yearly and Every yeare an High Sheriffe constituted and Commissioned for Each County And that Each Sheriffe may have his under Sherilfe Deputy or Dej)- utyes." From I()S;{ to I78.'5, i)reci8ely one hundrftl years, the High Sherillij existed, and so were they always designated. A''terthe Revolution the prefix was dropped, the duties remained the same, however, except the holding of "Courts of election " was taken from them, and these odicers themselves were appoint- ed by the State (iovernor. Uy the Constitution of 1821 they were made elective. A great mistake, for an officer clothed with a 8herifi"8 powers, of all others, should never be made elective. As its result we see the corruptions, extortions, and cruelties, which are known to every observant man, especially in the cities of the State. The Acts of the Legislatures from 1683 to 1(185 in- clusive under the Duke of York as Lord Proprietor, and of l(i8() under him as .Tames II. though existing in numuscript in the State, have, strange to say, never been printed by the Province, nor the State of New York, a fact disgraceful to both. This one dividing the Province into Counties, liowever, has by itself been printed in two .)r three historical works, the last of which is the xiiiih volume of the Colonial History of New Y'ork, in which it is on the very last page. But to this hour it has never appeared in any of the volumes of the Laws of New York. It was passed and signed by Governor Dongan on the 1st of No- vember 1683, and is entitled " An Act to divide this Province into Shires and Countyes." It was the third act of the first session of the first I>egislature which ever sat within the limits of this State.''' Eight years later the first Assembly under William and Mary was called by ttovernor Sloughter. The first Act of the second session of this first Leg- islature under the " Instructions " of those Sover- eigns, held at the ''Fort Hall" in September 16'.U, was aconfirnuition of the foregoing law, in the form of "An Act to divide this Province and Dependencies into Shires and Counties,"'' with a |)reamble that it was enacted to prevent mistakes in the boundaries. The first clause provides " That the said Province be divided into twelve Counties, as followetb ; " and the third clause is, "The Connty of 11 Wc/frd/er, to con- tain JuiKf and WislclieKlcr, liinnken Land, Fordhain, Mannor d' I'elham, Min\ford I'tlniid ' (now ('ily Island) and Richbiil's Neck, (now De liancey's Neck) and all the land on the Main to the lOastward of Manhat- tnuR Island, as far as the Goveriinicnt at present ex- tends, and the ) onc/-c/'.'i Lund. .Vnd Northwards along lliidmnx River as far as the High Lands." The member chosen from Westchester County to this As- ■-' It iM liPfi* rili'il frnrii iL MS. ropy ol tho oiujiunl ,lfiti(i(«rc('/j( uf the Ihttigait t.iiirn, lit Altxiny, in wliii'li it in funilil ttn ihikc 12. ni. Iliadford's I.aws, oil. 171ii, p. 11. III. llnulfdid'H l.n\v», imI. 17'2li, p. II. 1. Living*4tun A KniitirH Uiw-f, <>., II. Vitn Si-hiuick, 0. 4 WDNti-hi-Hti'i' ifl nuniiMl ni*8t in tlio oriKiniil act, wtiile it in Kecond liure. Tlild in tli« out'' ciningu that wha iiiailt;. THK ORIGIN AND HISTORY OF THE MANORS. 113 senibly was John Pell, who weh thus the first of a line of Assemblymen for the County which has existed from that day to this. In the Governor's Council at the time of this first Assembly as Members by Royal appointment, and as such, members of the Upper House which passed this Act, were Stephanus Van ('ortlandt and Frederick Philipse, who were also of the Council under James as Duke and as King. Thus iimong the framers of the original act which created the County, who, so to speak, were present at its birth, and also at its confirmation were two members of fam- ilies, subsequently manorial, both of whom were the first Lords of the Manors of Philipsburgh and Cort- limdt, neither of which had then been erected.' Who represented " The North Riding," in the As- sembly under the Duke of York is not known as the Journals of all the Assemblies from 1083 to 1()8() have Keen lost, and the names of the members of all of them have consequently gone into oblivion. No change whatever took place in the limits of Westchester after the act of Iti'Jl, until the "Equiva- lent Lands," or "Oblong," was acquired by New York in the settlement of a boundary dispute with the Colony of Connecticut, on the 11th of May, 1731. This was a strip nearly two miles in width taken ofl the western side of Connecticut as far north as Mas- sachusetts, and ceded to New York in exchange for lands upon the Sound yielded to Connecticut. The extension of the counties of New York over this strip was not made by a Legislative act. Being an addi- tion to a Crown Colony, it was a new acquisition by the Crown, and iis such its status was legally deter- minable by the King. Hence an 'H)rdinance" by the (tovernorof New York in the name of the King was issued on the 2t)th of August 1733 extending West- chester and the other counties afl'ected up to the new line between New York and Connecticut established by the agreement of the 14th of May 1731. As this Ordinance does not appear in any collection of New York Laws and Ordinances that the writer has seen nor in the two volumes of Historical Documents relat. ing to the Boundaries of New York, lately compiled ami printed by order of the Regents of the University and is rare, it is here given in full from an original printed cojjy in the writer's possession. "An Ordinance for The Running and better Ascertaining the Partition Lines between the Counties of Wmf- ilimlrr, DiiMii'im, Albania and I'Mer, and extending those Counties on the East side of Hudtons Rivrr to the present Colony Jjine of Connecficu/. ()K()K(ii'; the Second, by the (trace of God, of Great Hrifaiu, rVance, i\n(\ Inland, Kino, Defender of the Faith, Ac. To all Our loving subjects inhabiting or lieiiig in our Province of New York, and to all others whom it doth or may concern, Greeting, I AihI .tolin Pull wlu) wafl tliu iiutnilHir for tint (\iunty in 1(101, niiit votpit fnr the lu't i)f thrtt yoHr, wai* of t!it»t olit fHiiitly wliirh tlu^i \m#- M>MK> notwithstanding that the Counties lying on the West side of Hudson's River, were by the said .4.cts intended to be parted and divided by a West Line to be drawn from Huditon's River, at the respec- tive Stations and Places on the said River, mentioned in the said Acts, to the utmost extent of Our said Province on the West side of the said River ; and that the Counties lying on the East side of the said ffudioii'n River were likewise, by the said Acts, in- tendeposite to the County of Westchester, several ot which arc not in- cluded in any county in this Province. And Whereas, also that part of Hudson's River, which lies opposite to the said Clouuty of Westchester, is not included in any County of this Province; in order to remedy which, and to render the Administra- tion of Justice more eUectual ; I. Be it Enacted by his Excellency the Governor, the Council, and the General Assemlily, and it is hereby En- acted by the Authority of the sarne,' That by all the Islands lying and being in the Sound to the Eastward of Frog's Neck, and to the Northward of the Main (channel, and as far Eastward as Captain's Island, in- cluding the same, together with all that part of the Sound, included within these Boundaries shall be and remain in the County of Westchester ; and all the Southernmost |)art of the Sound from the bounds aforesaid as far us (Queens County extends E'.istward, shall be, and is hereby, annexed to Queens County ; and all that part of lludsons River, which adjoins the Couii of Westchester, and is to ^'' Southward of the County of Orange,' or so nuieh tliereof as is included within this Province, and the Easternmost half Part of said River, from the Southermost Bounds of the (!/'ounty of Orange, to the Northermost Bounds of the County of Westchester, aliM also be and remain in the said County of Westchester. ' II. Villi tUliuiickV I.iiwK(li. I;i7(l, |>. ri27. '' TIiIh wiiH till' Um:i iiF t'imi'tliig cliiimo iiBoil In tlie (Viluniul Lt-gMutiire iif Now Vcirk. 'OiHiigu tliuii liu'luilt.'il who'. Id uiiw Uucklanil County. ) ^ C4 c1 ^ Si oS < < r X 1 a « 5 5^2 s r tZ H S w ."a . Oh = ■a = 2 5 O H 3 s 'S> •^5 ■■^vf(<^'?tim«{< s S S c a "^ •o ^ M u •- c = -5 - P $ < ^1 £ *" ri .- IS 5 , when the Government of the United States, framed by the convention of 17S7, went into operation, New York was an independent Sovereign State, mistress of herself, and as such was one of the thirteen inde])endent Sovereignties so acknowledged by the British Treaty of Peace in 1783. While in this condition her Legislature divided her territory into counties and townships, and nnide some changes in the former from what they had b('en under the Province of New York. This was done by two acts passed on the 7th of March, 1788, chapters 6.S and (i4 of the Laws of 1788.'' Both acts, however, were only to take effect from and after the first day of April, I78i>. By the former, which related to the counties, the State was divided into sixteen counties, four more than by the act of IfilH, to be called by the names of New York, Albany, Suf- folk, Queen's, King's, Richmond, Westchester, Or- ange, Ulster, Dutchess, Columbia, Washington, Clin- ton, Montgomery, Cumberland i>nd (iloucester." Westchester is thus described : " The County of Westchester to contain all that ])art of this State, hounded southerly by the Sour.d, easterly by the State of Omnee.ticut, northerly by the North Bounds of the Manor of Cortlandt, and the same line continued east to the bounds of Connecticut, and west to the middle of Ifndaon's River, and westerly by a line running from thence down the middle of Jliidson's River until it comes opposite to the Bounds of the State of New Jersey, then w&st to the same, then southerly along the east Bounds of the State of Netc Jersey to the Line of the Coiuity of Nnr i'ork, and then along the same easterly and southerly to the Sound, or Eatt River, including Captain's Island, and all the islands in the Sound to the east of 1 R«tK)liiti(Hi in 1, .fuiirniilM Pruv. Oougremi, 518. < II. Jonea J^ Varick, ;U7 and 319. Frog's Neck and to the northward of the main chan- nel." By the latter act Westchester County was divided into the following towns named in the following order : Westchester, Morrisania, Yonkers, Grcenbiirgh, Mount Pleasant, Enstchester, Pelhain, New Rochelle, Scarsdale, Mamaroneck, White-Plains, Harrison, Rye, NorthciLstIc, Bedford, Pound-Ridge, Salem, North Salem,Cortlnn(lt, Yorktown, and Stephento wn, twenty- one in all, — the bounds of each being clearly set forth. This was the first division of the County into town- ships, an organization which has since continued without variation except divisions of a few of the towns, some alterations of the bounds of two or three others and the incorporation of a part of Yonkers as the City of Yonkers, the details of which need not be given here. The Boundaries of the County remained wholly un- changed, until the annexation of the new towns of Morrisania and King.sbridge, formed from the southern portions of the old towns of Westchester and Yonkers to the City of New York of which they now form the twenty-third and twenty-fourth Wards. The U])per part of the old town of Yonkers has bticn incor|)ora- ted as the City of Yonkers. The County of West- chester therefore with these exceptions retains its original limits as fixed in lt)83, and confirmed by the State County act of 1788. The Townshi|) Act of 1788 is remarkable for its useof the Manors in enac'ting the bounds of the townships it created. No less than fourteen of those twenty-one townships arc described and l)ounded in i)art by naming s|)ecial lines of the old Manors, or t\w Manors them- selves as a whole. EUn-en towns out of the twenty-one, were formed wholly out of the Manors. These were Morrisania, Yonkers, C4reenbiirgh, Mount Pleasant, Pelhani, Scarsdale, Mamaroneck, North Salem, Cortlandt, Yorktown, and Stephentown. Two, Salem (now Lewisborough) ans and birds, in the centre of which appear the arms of England in full. The initial letter " G " of " ( fuliel- muH," the King's name in Latin, with which the in- strument commences, is very large, is richly orna- mented, and has within it a bust portrait of William wearing the large peruke, and full laced scarf, of that day. The great seal attached is that brought over by Governor Sloughter in IG'Jl, made pursuant to a war- rant of William and Mary bearing date the 31st of May 1690. It has upon its obverse the Arms of Eng- land f.8 borne by the Stuarts with the addition of a shield of pretence in the centre, charged with the lion rampant of the house of Nassau ; and, on its re- verse, full length ettigiesof the King and (iueen, the latter holding the orb and sceptre, and kneeling at their feet an Indian man and woman, the former of- fering a roll of wampum, and the hitter a skin of a beaver. The legend around the obverse is in Latin, signifying "The seal of our province of New York in America," that around the reverse, also in Latin, is, " William III. and Mary II. By the Grace of God, of Great Britain, France, and Ireland, King and Queen, Defenders of the Faith." It is attached to the fold of the vellum by a thick silken cord, is of wax, and lies in the covered metallic case originally made for it, and is three inches and one half in diameter. Upon the fold of vellum is the signature of Benjamin Fletcher, the Governor, and the countersignature of David Jamison, Deputy Secretary of the Province. This description of the seal of William and Mary is given because it was that used in New York throughout their joint reign, the reign of William alone, and of Anne until the (Uh of September 1705, on which day the new seal of that Queen was received, and this old one was defaced, and sent back to Eng- land to be broken, in accordance with the law. It authenticated every Manor-Grant and Patent in the Province from 1691 to 1705, and was appended to every Manor-Grant in theCounty of Westchester, ex- cept those of Fordham and Pelham, the former of which bore the seal of James as Duke of York, and the latter that of James as King, they being the two oldest Manors in the County. From the fact that this seal was so used, after the deaths of Mary and of William, upon patents and other instruments in New York issued in the early part of the reign of Aune, attempts were once made to ') And all other the Right" Members Libertys priveledges jur- risdictions preheinmenences Emoluments Royaltys profits benifits Advantages heridctiments and Appur- tenances Whutsoever to the afore recited Certain parcell and tract of Land and Meadow within the several and Respective Limitts and bounds aforesuid bfilonging or in uny wise apertuining or accepted Re- puted taken Known or ocupied as j)art parcell or member thereof unto the Suid Stephanus van Cortlandt his heirs and assigns to the Sole und oidy proper use Benefit and Uehofe of him the said Stephanus van Cortlandt his heirs and assigns for Ever. And Moreover Know ye tiuit our I'urther Especial GruceCertttin Knowledge und mere Motion we have thought fitt according to the Request of our Said Lov- ing Subject to Erect all the before Recited Ceurtain Parcell and tracts of Land and Meadow Within the Limitti) and Bounds aforesaid into a Lordship or Mannor, and therefore by these presents we do for ns, our heirs, and Successors, Erect make And Con.iti- tute, all the afore Recited Ceartain parcells and tracts of Land and Meadows Within the Limitts and bounds aforesaid, together with all und Every the ul)ove Granted premises With all and Every of Appurte- nances Into one Lordship and Mannour to alt Intents and purposes. And it is our lioyall will and pleasure that the said Lordship and Mannour Shall i'roni henceforth be Called the Lordship und Munnour of Cortlandt; And further Know yee that wee Reposeing Especial trust and Confidence in the Loyalty wisdom Justice Prudence and Circunispecliou of our said liOving Subject do for us our heirs and Successors (.five and Grant unto our said Loving Subject Ste- phanus van Cortlandt and to the heirs und u.ssigns of him the said Stephanus van Cortlandt full power and authority at all times for Ever Heureafter in the said Lordship and Mannour one Court Leet and one Court Barron To hold and Keep at Such time and times and so Often Yearly as he or they Shall see meet, and all fines Issues and Amerciaments at the Said Court Leet and Court Barron To be holdon within the said Lordship and Mannour to be Let for- fited and Employed or payable or hapning at any time to be payable by any of the Inhabitants of or Within the said Lordship and manuour of Cortlandt or Its lllSTOUY OF WESTCHESTER COUNTY. thcLiinittsand bounds thereof And Alsoall And every of the Powers and Authotltys herein l)oforenictioncd for the holding and Keeping of the said Court Leet and Court Barron from time to time and to award Ih8Ui> out the ai'CuHtomary writs to the Heirs and As- signs of the said Stephanus Van C'ortlaiidt for ever or tlieir or any of their steward Deputed and apointcd with full and am]>le power and Authority to Distrain fur the rents Services and Other Sums of Money pay- able by Virtue of the Premises and all other Ivawl'ull renudies and means for the having possessing Re- ceiving Levying and Enjoying the prenuniscs and every Part and Parcell of the same and all waifes Es- trayes Wrecks Deodands goods of felons happening and being Forfeited within the said Lordshi]) and Mannour of Cortlandt and all and Every Sum and sums of Money to lie paid as a Post fine upon any line or lines to be Levied of any Fjand Tennements or Meriditements within the said lordship and mannour of Cortlandt together with the Advowson and right of patronage and all and Every the Church and (.'hurdles Erected or Established or heareafter to be had Erected or Established in the said mannour of Cortlandt. And we do by these presents Constitute and Ap- point our said Loving Subject Stephanus van Cortlandt and his heirs and Assinys to be our Sole and only Kaiiger of the Said Lordship and Mannour of Cort- landt and to have hold and P-njoy all the Benifits jierqusitiis fees, rights priviledges Profits and Ajiurten- ances that of Right doth belong unto a Ranger Ac- cording to our Statutes and Customs of our Realm ol England in as full and Ample Manner as if the same were perticularly Expressed in these presents anything to the Contrary Hereof in any ways Notwithstanding. And we Likewise do further give and Grant unto the said Stephanus van Cortlandt and to his heirs and As- sinys, That all and every the tcnnants of him the Said Stephanus van Cortlandt Within the Said Lord Ship and Mannour of Cortlandt Shall and May at all times heareafter meet Together and Chuse Assessors within the Mannour aforesaid According to such rules ways and Methods as are prescribed for Citys towns and Countys witliin our said province by the Acts of Gen- erall Assembly for the Defraying the Publick Charge of Each respective City town and County aforesaid and all such sum or sums of Money So assessed and Levyed to Collect pay and Dispose of for Such Uses as the act of General Assembly shall t^tablish and Apoint. And further of our Especial grace Certain Knowl- edge and Mere Motion we do by these presents for us our heirs and Successors give and Grant unto our Said Loving Subject Stephanus van Cortlandt and to his heirsandassinysforeverthatho the said Stephanus van Cortlandt his heirs and assinys Shall and May From time to time and after the Expiration of twenty Years Next Ensueing the Date of these presents Return and send a Discreet Inhabitant in and of the said man- nour to be a Bepreaentitive of the said Mnnnour in every Assembly after the Expiration of the said twen- ty Years to be sumiiioncd and holden within this our said province wliich Representative so Returned and Sent Shall be Received into the house of Representa- tives of Assembly as a Member of the said house to have and Enjoy such priviledge as the otlier Repre- sentatives Returned and Sent from any other Oninty and Mannours of this our said province have had and Enjoyed in any former Assembly holden within this our said province; To have and to hold possess and Enjoy all anil Sin- gular the said Lordship and Mannour of (Cortlandt and premisses with all their and every of their Roy ally sand iippurtunanrys unto the said Stephanus van Cortlandt I Ills heirs and assignes to the Sole and only proper use ! Beiiefittjind Behoofofhini thesaid Stephanus van Cort- ' landthis heirs and Assignee forever To B(^ holden of I us our heirs and Successors in free and C'oininun Soc- \ cage as of on r^^annour of Kast Greenwich in our (/'oiinty of K(!nt within our Realm of England, Yield- ing Rendering and paying therefore yearly and Every year for Ever unto us our heirs and Succcsscrs at our t'ity of New York on the feiwt |)ay of Anininciation o!' our Blessed Virgin Mary the yearly Rent of forty Shillings f'urrent money of our said province in l^ieii and Stead of all other Rents Services Dues Diitys and Demands whatsoever for the Afore Recited Tract and Parcell of Land and Meadow Lordship and !Man- nonr of ( Jortlandt and jiremisses. In Testimony whereof we have (^aused the (rreat Seal of our said province to be hereunto affixed Wit- ness our Said trusty and well beloved C.oll. Benja- min Fletcher our said Ca]) : Generall and Governor in Chief or our Province of New York and the Terri- torys Depending thereon in America and Vice Ad- miral of the same, our Lieu' and Commander in Chief of the Militia and of all the forses by Sea and by Land within ourCoUony of Connecticut and of all the Forts and places of strength within the same, in Coun- cil at our fort in New York the Seventeenth day of June in the Ninth Year of our Reign Anno Domini 1097. Benjamin Fletcher. By his Excelys. Command, David Jamison D. Sec'y.' The earliest movement of Stephanus van Cortlandt towards obtaining the Lands of the Manor, was to take out, pursuant to the law of the Province,'' a lii- cense to j)urciiase them from the Indians, iii order to extinguish the Indian title. This instrument, from the original among the van Cortlandt papers, is in these words : License from Gov. Andros. " By The Governor : Whereas ajiplication hath been made unto mee by divers persons for lands at Wyckerscreeko, or ad- ' Kui'iinltiil ill llwik or riili.iitn Nu. 7, livguii in lilUo, pp. I(i0-17ii. ''ExpUlued ubove in this twaay. THE ORIGIN AND HISTORY OF THE MANORS. 110 JHceiit parU, on Miu chhI xide of HudsonV River, the wliii'h have not yet Ijclmi ''urchaHud of tlie Indyaii rroprieto". These |>re(*eMtn arc to uuthori/.e you, (jo" Ste|)liaMti!4 van Cortlaiidt, Mayor of tliiM City, iC littiiiK o|)porliiiiily .shall preHenl, to treat with, and a^rce lor, any part of tiie wild Lantl lor wh'"' there may Ue jiresent oeeanion of setlieineiit, or for the ^ wlndo, with tiie Indyan Suelienis or I'roprieto". The payment wiiereof to he made pui)liely at tlie Kort th Jay o! Novem'", KJ77. AnilroM." ' ThiH lieense, it will he seen, wan (general, and per- mitted van Cortlandt lo huy of the IniiiaiiH whenever it iniftht eonveniently i)e done. No time was men- tioned and it operated an an indefinite permixsioti to e.xtiiigiiiMh tiu' Indian title in the refrion named. Six yearn after itt* date, in KJHH, he l)ou}rht the |)enin- siila afterward."!, and now Ivuown hh Verplanek's I'oint, and another large traet adjoining it running to the eastward, the former ealled i)y the natives Meaiuigh,' and the latter Appamapogh, whieh were conveye jo MOI.I) the said |iarcel or tract of land, and all and singular other the |ireniises and every part and parcel thereof unto the .said iStephaiiiis Van Cortlandt, liis heirs and assignees to the sole and only jtroper use, benefit and behoof of him, the said >Stephanus his heirs and assignees forever, and they, the said In- dians do for themselves their heirs and every of them consent, promise, and engage, that the said 8te]ilianu8 Van Cortlandt his heirs and assignees shall and may from henceforth and forever lawfully peaceably and (juietly have, hold, possess am' enjoy the said tract or parcel of land, and all and singular the other the premises with their appurtenances without either let, hindrance, disturbance or interruption of or by them, the said Indian proprietors, or their heirs or any other person or persons claiming, or that shall hereafter, shall or may claim, by from under them or either of them, and that they shall and will upon the reasona> ble request and demand made by the said Stephaniis Van Cortlandt, give and deliver peaceable and quiet possession of the said tract and parcel of land and premises, or of some part thereof and in the room of the whole under such person or persons, as by the said Stephanus Van Cortlandt shall be appointed to re- ceive the same, in witness whereof the said Indians Pewemine, Oskewans, Turhani, tiuerawighint, Sieeh- am, Isighera, and Prackises, the Indian owners and proprietors aforesaid, have In ''"unto set their hands and seals in New York, this twenty-fourth day of Au- gust in the thiriy-fifth year of his majesties reign, Anno Domini, lt!83. Signed sealed and de- j (Here follow the seals, livered in presence of I and the marks, of Sieeham Francis Uumbouts, j and the other six Indians Guelyne Verplancke. I named). Apjiended is the "schedule" of " other merchan- dises" mentioned in the deed as ]>art of the consid- eration ; 8 guns, 12 shirts, 9 blankets, .'>0 pounds jtowder, T) coats, 30 bars of lead, 14 fathoms of Duffels, ■' 18 hatchets, 14 kettles, 18 hoes, KA coane but suft woolen clotli made in Holland. 120 lihSTORY OF WKSTCH ESTER COUNTY. 40 tiithon)H)>liick wiiinpiim, 14 knives, HI) ruthoina white wiimpuin, A miiiiiII coat, 2 iiiikerM of rum, H fiillioins n'roiul eloth, T) hull' viitw HtroiiR beer, <> piiir of Mtoekiiigw, (1 eiirtlien jiifis, (i tiiijiu'eo iioxen." Oil till' iiiiitli of Mareli, ItiX'J, CoriieliM vim Itiir- stun of New York City, ol)tiiiiie(l tlie following Lieeiine to |>iireliiiNe Indiiiii l^iiiitlH from Anthony liroekliolea, who, 118 Senior Member of the Oouneil hiui siieeeeded Anilnw in the (^oiiiniunii of the Province when the hitter went to Kngliuul. Lj/cense fo ConielU Van liunum, Hy the roinmaiKler in Cliiefe. " Wiiercas < 'o/-nr/i,v Van Hiir«iinii>( this (lily huth inmle Aj)|iliem;oii for Liberty luni Lycenso to pur- elmse of tln^ liidyans ii Certain pareel or Tract of Land Lyeinj!; on the Kast side of llinhnn River Be- hither tht^ High- Ijvnh, to("*ettlc A H'ariiieor Phinta(;oii or for the Iniprovem' of Husbandry, These are to certify that I have and Doe Hereby with Advise of the ('oiinsell (ii'iiiit Liberty and Lycense to the aaid Cttrnelix Van ////(■.•(»/» to purchase of t lie I ndyaiis the said ['arcell or tract of Land uiid to Settle A Hiirnie or l*lanla(,-on thereupon, he Makeing Due return thereof to the ollice of Records theriMii Order to ('onlirma- con, and ^^akeilln Iniprovcnient and performing wiuit the Law in Such tJases Reipiires. (Hveii under my hand in New- Yorke this third Day ll'eii", in tlie thirty Fourth yeare of his Mat'" Reiiriie Annoy. Domini l\. 'iW'i'sl. Cu. IIUK. oir. I.lli ^Oh tllt> prIlltlNUlll. A, IK:!. The lands from the (Voton River Northward to Stephanus van ('Ortlundt's Appamapogh purchase before mentioned, and running eastward to the Kea- kates or twin ponds, or Cedar I'onds, as they are called on the Manor Map, and thence down the Mescoot and Croton rivers to the hitters mouth, were bought of the Indians by Oovernor Thomas Dongau himself Their deed to him was dated .\ugast UiH.'). Doiigan on the 2l)th March liiHli, sold the land to one .lohii Knights, Dongan's deed from the Indians thus describes the tract, which from the Indian name of the Croton, was called Kiehtawaiick, or Kitchtawong; — "all that Tract or parcidl of Jjaiid situate Lying and being on the I'^ast side of Hudson's Rivi'r, within the ('ouuty of Westchester, beginning at Kiehtawong Creek, and so running along HuiIsoh'm River northerly to the land of Stephanus van Cortliuidt, from thence to the eastwardmost end of the Said van (!ortlanills Land, and from thence to a great fresh Water I'ond called Keakates, and from the said pond along the creek that runs out of the saiil I'ond to Kiehtawong Creek, and so downward on the south side of the said creek to Hudson's IMver, including all the land, soil, and meadow within the bounds and liinitu aforesaid." John Knights, on the 'JOth of April, l(IH7, reconveycd it liy deed to (iovernor Thomas Dongaii. ' And from Dongaii it subseipieutly piwseil to Stephanus van I'ortlandt. Previously to his purchase of the Dongan IiukIk, and on the Ktth of July, 1(18:!, Stephanus Van (^irt- landt bought Iroin the Ilaverstraw Indians a tract on the West side of the Iludsim Rivitr, directly <">p08ite to the promontory of Anthony's Nose, am' Tonth of the Dunderbergh Mountain, forming the depression or valley,'^ through the upper part of which, in the Revolutionary War, Sir Henry Clinton caiiie down and ca|)tureil Forts (Vnistitution and Muntgomery, then comnianihul by his distant n^lativcs and naiiie- sakes, Oeiierals, (leorgc, and .lames, ('lintoii. The original deed, among the \'aii Wyck papers, which has never before been printed, is iw follows: Indian Jhnl to Slvphanm ran Cuvilandf ■ for Landa an the Wixl Siilc of the /tinlaiin. " 'J'o .\ll ('hristian people To whom this Present writing shall come Sakaghkeineek Saehein of Ilaver- straw,Werekep(!s,Sai|Uogliarup, Kakeros,iind Kaghlsi- kroos, all, Indians true and Riglitfull owm^rsand Pro- prietors of the Land herein after mentioned and Kx- pressed, Send (ireeting. Know ye. That for and in ('onsideraion of the Sume of Six Shillings (Uirr: Silver money to them the said Indians in hand payed before the Ensealing and Delivery here of the Receipt whereof is hereby aekjiowleilged and for Diviune other Valuable Causes and Consideraions they the said Indians have (iranted liiirgained Sold .Miened lOiife- ofl'ed and Coniirnied and by these Pretienis Doe Fully Mill). A, V», W™t. Co. Ron, ipff. 'Tlilii viilluy lii'iim now tlin ijtiil u|>|>(illiill Ni)w callntl .Simkoliolu ('ruuk. ^'T\w Cluck Hoiilh orHiwkuliolo Cruuk. ' N»w I'ulliiil liiiiu IhIhiuI. Scales in New Yorke the 13th day of July in the thirty-lifth yearo of his Ma""" Roigno Auuo Domin l'Jo3. Signed Sealed and Delivered in the Presence ot Usa the mark of Hy Sakaghkcineck 1 Sakaghkeineck f Sachem Werekepes & > of Haverstraw Kaghtsikroos ) The marko of Fredryck Flypsson Werekepes tlulain Verplancko The Marko of John Weis f My Marke Kaghtsikroos" t Mantion The last purchase which Stephanus Van Cortlandt is known to have nuide, was a tract on tlio east side of the Hudson, then belonging to "Hew Mactiregor, Oentleman.of theCity of New York," who i)revious- ly obtained it from the Indians. The original deed from Mactiregor is among the Van VVyck papers and bears date the llUh day of July Itl'JO, oidy two years and twenty-five days before the date of the Grant of the Manor. It is a full coveiumt warrantee deed, signed by both Hew Mcliregor and Htcphanua Van Cortlandt, the witnesses being Juhannus Ivip, Theu- nis De Key, and John Barclay. The consideration mentioned is " a certain summ of good and lawfull money." And the jjremises conveyed are thus de- scribed — "All that certain tract of land situate, ly- ing, and being up Hudson's River on the East side thereof, beginning at the East side of the land late belonging to Jacob Do Key and Company at a Creek called Pohotasack and so along a creek called by the Indyans Pmjuingtuk and by the Christians .John Peak's Creek to another creek called by the Indyans Acquasimink, including two small water ponds calKnl Wenanninissios and Wachiehamis, Together with all and singular meadows, marshes, woods, underwoods, waters, ponds, water-courses, improvements, privi- leges, hereditaments and appurtenances whatsoever to the said Tract of land and premises belonging or a|ipertaining." How extensive an area this description embraced cannot bo stated its terms being too vague, but is was a very large tract lying east of the eighteen hundred acre tract called Sachus, or Saehoc^, and known as " ivycke's Patent," which embraced the pnwont vil- lage of Peeks Kill and its immediate neighbourhood, the fee of which was not owned by Stephanus van (Cortlandt, although within the limits of the Manor, and subject to its jurisdidion, till 1770, when it was granted by special act a civil organization of its own, as will be hereafter shown. These lands incluiling all his purchitses upon both sides of the Hudson River were granted and con- Hrmeil, to Stephanus van (;ortlan!t7, by the Manor-Grant ol the Manor of Cortlandt. Its 122 HISTORY OF WESTCHESTER COUNTY. boundaries as therein stated are thus set forth, " a certain tract and parcell of Land situate Lying and being upon the East side of Hudson's River, Begin- ning on the North Line of the Mannor of Philipse- burghe, now in the tenour' and occupation of Fred- rick Phillipse, Esqr., oue of the Members of our said Council], and to the south side of a Certain Creeke called Kightawank Creek,' and from thence by a Due East Line Runing into the woods Twenty J]ng- lish miles, and from the said north line of the Man- nor of Philipseburghe upon the south side of said Kightawank Creek running along the said Hudson River Northerly, as the said River runs, unto the North side of a High Hill in the highlands commonly called and Known by the Name of Anthony's Nose, to a Red Ceader tree. Which Makes the South Bounds of the Land now in y° tenour and occupation of Mr. Adolph Phillipse' Including in the said North- erly Line all the Meadows, Marches, Coves, Bays, and Necks of Land and pennensulaes that are ad- joining or Extending into Hudson's River within the Bounds of the said Lincj, and from said red ceader tree another Due Easterly Line Runing into the AVoods Twenty English Miles, and from thence along the Partition Line between our Colony of Conecticut and this Our Province untill you come into the place where the first Easterly Line of twenty miles Doth Come, the Whole being Bounded on the East by the said Partition Line between our said Collony of Conecticut and this our Province, and on the south side by the Northerly Line of the Mannor of Philipse- burghe to southward of Kightawank Creeke aforesaid, and on the west by the said Hudson's River, and on the North side from the aforesaid red ceader tree by the south Line of the Land of Mr. Adolf Phillipse. And also a Ceartain parcel of Meadow Lying and being situate upon the West side of Hudson's River Within the said High Lands over against the afore- said Hill called Anthony's Nose, Beginning on the South side of a creek called by the Indians Sinkee- pogh, and so along said Creeke to the head thereof and then Northerly along the high hills as the River Runeth to another Creeke Apinnapink, and from thence along said Creeke to the said Hudson's River.'" From this description we are able to see the out- line and appreciate the extent, and area, of this mag- nificent Manor of Cortlandt, which contained on the East side of the Hudson River 80,213 acres, and on the West side at least 1,500 acres, making altogether the enormous total of Eighty-seven thousand seven hundred and thirteen acres of land. About two years after receiving the Grant of the Manor Stephanus van Cortlandt, following the usual, ' Ten\ir6. » The Croton Rlvor. • A brother of Froilorick PliUllpBO, The tract was csllod " l'hilli|wv'B t'ppvr Pat«iit," aud liiclixU'il aliiiutit nil uf what Im iiuw riituuiii Cutiiity. and the wise, rule of the day in such matters, (the reason of which has been fully explained in the beginning of this essay in speaking of the Native ov.'ners of the County) * obtained from the Indian dwellers upon the lands of his grant as a whole, a special deed of confirmation. This Instrument is very important as it states specifically the lands in, and the bounds of, the region embraced in the Manor of Cortlandt. It is dated the 8th of August 1699, and is in there words ; Indian Deed of Confirmation of (he Manor of Cortlandt. " We, Sachima- Wicker, Sachem of Kightawonck," (and twenty two other Indians seven of whom were squaws) " all right, just, natural owners and proprie- tors of all the land hereinafter mentioned, lying and being within the bounds and limits of the Mannor of Cortlandt, &c., have sold, for a certain sum of money, all that tract and parcel of land, situate, lying, and being in" the Mannor of Cortlandt, in West Chester County, beginning on the South side Kightawonck Creek, and so along the said Creek to a place called Kewighecock *, and from thence Northerly along a Creek called Peppeneghek" to the head thereof, and then due east to the limits of Connecticut, being the easternmost bounds of said Mannor, and from thence Northerly along the limits of Connecticut aforesaid to the river Mutighticus' ten miles, and from thence due west to Hudson's river, together with all the lands soils &c &c." The witnesses were John Naufau (the Lieut. Governor) Abraham De Peyster, James Graham, and A. Livingston. Thus Stephanus van Cortlandt became the undis- puted and acknowledged Lord of " The Lordship and Manor of Cortlandt." There were two small parcels of land within the above general limits of the Manor, the soil of which was not owned by either Stephanus van Cortlandt or his heirs, one of eighteen hundred acres and one of three hundred, the latter fronting on the north side of Peekskill bay, the former on the Hudson River be- tween Verplank's Point and Peekskill creek. The former was the tract known as '' Ryke'a Patent." Its Indian name was " Sachus," or " Sackhoes," and it was purchased of the Indians on the 2l8t of April, 1685, under a license dated March 6, 1684, from Gov- ernor Dongan, by Richard Abrams, Jacob Abrams, TeunisDekey or De Kay, Sebn, Jacob and John Harxse;" and on the 23rd of December, 1685, a patent was granted to these purchasers and one or two others for this tract, in which it is thus described : — "All that certain tract or parcel of land, situate, lying, and being on Hudson's River at a certain place called by « Ante p. 34. ^Or Ko\vlghtoi|im('k, as NiwUod on tlio Map of the Manor. Now Cross Klvcr, an enatern branch of the Croton. ' Now cttlloii the Tltlcus. 8 Hook I of Indian Dccdn, 88, See. of State's offl. Albanj. »8o bpellud and uaini'd In thu oriKinal |wtitlon to Dongan for Iho FalfUt in vol. 'i of l^ind I'aiwrs of 11)83, Sec. of Statn's Oltico, Albanj. THE ORIGIN AND HISTORY OF THE MANORS. 123 the Indians Snchus. and stretching by the north side of Stephanas van Cortlandt, his land up to the said river, to another creek, and so runs up said creek iu several courses, to a certain tree marked T. li. west of the aforesaid creek which lies by Stephanus van Cortlandt's land, including all the meadows both fresh and salt within said bounds, containing in all 1800 acres or thereabouts." The tenure liku that of the Manor was " in tree and common soccage accord- ing to the tenure of East Greenwich in the County of Kent in his Majesties Kingdom of England." The quit rent was "ten bushels of good winter merchant- able wheat yearly, on the five and twentieth day of March [New Years Day according to the then " old style"] in the city of New York.' From Richard Abrahamsenoneofthesix patentees this tract derives its n^me of Ryke's Patent, "Ryke" being a Dutch abbreviation of Richard, he having subsequently acquired the shares of several of the original owners.' From him and bis brother Jacob Abrahamsen of "Upper Yonckcrs," their title passed by purchase to Hercules Lent vho also acquired finally the title to the whole 180U acres. Hercules Lent devised the patent in several parcels among his children and grandchildren by will in 1766.' The name of Lent is still very common in the neighbor- hood of Peekskill to this day, and some of the name still own portions of the original tract. The .300 acre tract, which was of little importance, fronted on the inner and upper part of Peekskill bay, and became prior to 1732 the property of John Krankhyte. Both these pieces are shown, colored in pink, on the accom- panying map of the Manor of Cortlandt. The earliest traces of the settlement of any part of the Manor was that at the trading station with the Indians, which resulted in the erection of the stone fortified building, at the north side of the mouth of the Croton, which subsequently became the present Manor House. The largest Indian village was upon tiie high flat at the neck of the peninsula of Senas- qua, or Tellers, or Croton Point, which unites it with the main land, and over which now runs the River Road. Hence for convenience saka 'the Dutch traders sought the landing place of the In- dians, in the sheltered North side of the Estuary of the Croton, then an open bay without the sedge flats which now nearly fill it. Here too was subse- quently established the ancient ferry and ferry house, as the population, and the traffic, up and down the Hudson, began to grow and increase. The next pointof settlement was about the mouth of the Peekskill Creek, and in the tract called Ryke's Patent. The method of settlement adopted by Van Cortlandt was the same as that, which was adopted by the early Dutch 1 lib. A. of Pstflnta, Sec. of SUto's OIT., 114. Lib. I,, West. Gi>., Rag. OIT., 141. ' Tim *' Vuii Rycken " origin of this naiuo, givon In Boltiin'g Iliatory, in fnncirnl. ' Lib. ir<, Willi, N. Y. Surr, Off. , 337. colonists, and subsequently continued by the English. What it was we learn from the " Information relative to taking up Land in New Netherland in the form of Colonies, or private bonweries" written in 1650 by Secretary Tienhoven, for the information of the Btates- General of Holland. " Before beginning to build " he says, " 'Twill above all things be necessary to select a v.cH located spot, either on some river or bay, suitable for the settlement of a village or hamlet. This is pre- viously properly surveyed and divided into lota, with good strec according to the situation of t'e place. This hamlet cun be fenced all round with high nalisades, or long boards, and closed with gates." * * " Outf i''.e the village or hamlet, other land must Le laid out which can in general be fenced and prepared at the most trifling expense." " In a Colonie each farmer has to be provided by his landlord with at least one yoke of oxen or with two mares in their stead, two cows, one or two sows for the purpose of increase, the use of the farm, and the support of his family." * * " And as it is found by experience in New Netherland that farmers can with difliculty obtain from the soil enough to provide themselves with necessary victuals and support, those who propose planting colonies must supply their farmers and families with necessary food for at least two or three years, if not altogether, it must be done at least in part." Then the proprietor had to furnish mechanics of all kinds, carpenters, smiths, wheel- wrights, millers, and boat builders, and if possible a doctor, and a clergyman or school master. In this document, there are descriptions of a few regions in New Netherland which he mentions as well adapted for settlement and among them, that of the eastern and northern part of West Chester county comprising the subsequent Manors of Cortlandt, the upper part of Philipsburgh, and lands immediately adjacent to them and tlie Manors of Scarsdale and Pelham. The region is thus mentioned, " The country on the East River between Greenwich and the Island Manhat- tans is for the most part covered with trees, but yet flat and suitable land, with numerous streams and vallies, right good soil for grain, together with fresh hay and meadow lands. Wiequaeskeck, on the North River, five leagues above New Amsterdam, is very good and suitable land for agriculture, very extensive maize land, on which the Indians have planted. Proceeding from the shore and inland 'tis flat and mostly level, well watered by small streams and running springs. It lies between the East and North Rivers, and is situate between a rivulet of Sintinck and Armonk."* This is the first topographical description of the up- per part of the county that exists. Written twenty-sev- en years before Stephanus von Cortlandt obtained his license of 1677, and thirty-three before ho. made his * I. Cv\. Illat. SC.'i-.STO. TheM atreaina were tbo Sing Sing cre«k snil the Byooni river. 124 HISTORY OF WESTCHESTER COUNTY. first purchase of its northern part from the Indians, it gives us a good idea of the clear-headedness and shrewdness of the man, and the obligations he took upon himself in undertaking to settle the tract. He undoubtedly did a good deal in bringing in inhabit- ants and stock, between 1(388, the date of his first purchase, and 1097, the date of his Manor-grant. Here it was that he erected the mills, mentioned (in the plural) in his will, dated three years later in 1700, the year of his death, which by both Dutch and Eng- lish law the Patroons and the Lords of Manors were bound to provide for the benefit of their tenants. Had Stephanus von Cortlandt lived to be seventy-five or eighty years old, like so very many of his descen'^Hn ts in every generation, instead of dying at fifty -sevei;, leav- ing a large family, mostly minors, it ia probable that he would have left his 'nanor as flourishing and as populous in proportion as that of Rensselaerswyck at the i. ime date. The general franchises 'and privileges of a Manor having already been described, those only which were peculiar to this particular Manor of Cortlandt will be mentioned here. The Rent Service on which the Manor was held, was " Forty shillings current money of our said Province " (five dollars), payable " at our city of New York on the feast day of the Annuncia- tion of our Messed Virgin Mary." The peculiar franchises of the Manor of Cortlandt were two only, the Rangership of the Manor, and the right to be represented by its own member in the General Assem- bly after the expiration of twenty years next ensuing the date of the Manor Grant, the 17th of June 1()97. In this as in all the other Manor-Grants was a clause giving to the L-ord and his heirs the right for his tenants to meet and choose assessors and provide for public charges in accordance with the general laws of the Province. Like all the other Manor-Grants silver and gold mines were excepted from the grant and reserved to the Crown. This reservation was actually acted upon by the Crown in the case of this Manor. And the last century a Crown-grant was made of a silver mine which was discovered just by Sing Sing village. But space will not permit more than this mention of the fact. " Rangers " were sworn officers of the Crown, to whom were granted by the Sovereign the " Royal rights or franchises, of waifs, estrays, hunting, royal fish, treasure trove, mines, deodands, forfeitures, and the like. They were appointed, either, by a special royal grant, over a special district, which was the more usual, or else, as in this instance, the franchise was named among others in the grant of a Manor. The appointment by Governor Hunter on September 4th, 1710, of Major Thomas Jones, of Fort Neck, Queens County, the grandfather of Judge Thomas Jones the author of the " History of New York dur- ing the Revolutionary War " as ' Rangor-General of Long Island ' is an instance of the former. That of Stephanus van Cortlandt in his Manor-Grant of Cortlandt one of the latter. Its value to the Lord of Cortlandt was, that it gave him the regulation and absolute control of the methods of Hunting and Fishing, throughout the Manor, the forests and waters of which were remarkable for their more than great numbers of deer, beaver, wild turkies, wild geese swans, ducks, and other feathered game, and the great- plenty of salmon, shad, herrings, and striped bass, which filled the Hudson, to say nothing of the trout, black bass, and pickerel of its beautiful fresh water lakes and streams, which gemmed in clear brilliance the vales and glades of the Manor amid its bold lofty hills, and dark, magnificent forests. The other special franchise was that of sending a Kepresentative to the General Assembly. This was a franchise of so high a character that it was granted to but two more out the many New York Manors, those of Rensselaerswyck in 1705 and Livingston in 1715, the former eight years, the latter eighteen years, after the grant to Cortlandt. The franchise in this case was not to be enjoyed till after the lapse of twen- ty years from the date of the Manor-Grant, June 17th 1697, that is until after June 17th, I^IZ. The reason of this was to allow a sufficient time to elapse for the coming in of a population numerous enough to re- quire a reprenentative. In 1(597 when the Manor was erected, except a few white people near the mouth of the Croton, and near Verplanck's Point, the whole Manor was occupied by the Indians. True, their title to the lands had been duly purchased, but, as in almost all Indian purchas- es a right to hunt and fish and plant corn, was prac- tically reserved by the Indians. And this the whites always acknowledged. In consequence the entry of the whites was extremely gradual. Therefore, until people enough to require a representative had settled upon the Manor there was no need of one. It was not until 1734, however, that the heirs of Stephanus van Cortlandt, who had died in 1700, chose to avail themselves of this privilege of representa- tion. In that year at their instance Mr. Philip Ver- platick ' was chosen to represent the Manor in the General Assembly. The admission of its Members to the Assembly is interesting and curious. On the 10th of June 1734, says the Journal of the House, " Philip Verplanck, Esq., attending without, was called in, and produced to the House, an indenture that he was duly elected a Representative for the Manor of Cortlandt, in this present Assembly, as likewise the Letters Patent of the said Manor dated in the year 1(597, whereby a Powerand Privilege [was]granted tochoosesaid Repre- sentative living within the same, to commence twen- ty years after its dati' — Ordered, that the same be taken into consideration to-morrow morning." The next day, the eleventh, the House resolved that Mr. * The InifllmiKl of Gertrndo, il in Ni'W York in culotiy timet, todiiitin- KUiHil Uku AiHuinbly ofllclHlly. planck as aforesaid; and thereupon for the regular admission of the said Philip, it was ordered that he should have leave to bring in a bill for that pur])osc; Wherefore and to the end such Representative may be more orderly and duly elected for the future." It was enacted ; — first, that Verplanck's election should be confirmed ; second, that the Freeholders of the Manor should elect " a fit and discreet Inhabitant and Freeholder " of the Manor to represent it in the Assembly ; third that the Returning officer of the Manor should hold the elections precisely as the High Sheriff held the elections in the County, and be em- powered to administer the same oaths ; * and fourth and last, the amendment reported by Col. Lewis Morris, Jr., which as it is both curious and interesting, is here given in full ; IV. Provided and Be it enacted hi/ the Auihority aforesaid, That the Freeholders and In- habitants of the said Manor of Cortlandt, shall at all times pay the Wages of their own Representative; and that nothing herein contained shall exempt them from paying their due and equal proportion of the Wages of the Deputies or Representatives for tho County of Westchester, and of all other the annual publick, and necessary charges of the same County."' It is certainly very evident that the Assembly of 1734 did not believe in Representation without double taxation. There was- probably some jealousy, or political feeling at the bottom of the insertion of this provision, for three years later, in 1737 it was uncon- ditionally repealed by an Act passed on the 16th of December in that year,' except as to the general County charges. This act also fixed the " Wages " of the Representative of the Manor at " Six shillings for every day he attends the Service of the said As- sembly," and expressly provided that the Inhabitants of the Manor should " only pay the charges and Wages of their own Representative." It also provided for the annual election in the Manor of " one Supervisor, one Treasurer, two As- sessors, and one Collector " with all the powers and duties of those officers in the Counties of the Pro- vince, pursuant to " The Act" of William and Mary of 1091, " for defraying the public charges of the Province, maintaining the poor, and preventing vag- abonds." This was the first time these officers be- came necessary in the Manor. Elected and admitted to his seat under this fran- chise in 1734, Philip Verplanck was constantly re- elected to subsecpient Assemblies and sat for ihe Manor of Cortlandt continuously up to the year 17()8, the long period of thirty-four years. A continuous period of service without a parallel in Province of New York, and which has never occurred under the State of New York. The nearest approach to it un- der the State Government, singularly enough, being iSeopp. 110, 111, i4iito. « I. v. H. LnwB, clmp. 007, p. 183. »I. v. 8. LiiWh, ill. 684, p. l;ii. t26 HISTORY OF WESTCHESTER COUNTY. that of the distinguished, and very able, gentleman, who has, in our own day, represented this same Man- or of Cortlandt and the portions of the County ad- joining it, no'v the third Assembly District of West- chester County of which he is a native, for 16 years In the Assembly 11 of which were of continuous ser- vice, the Honorable James W. Husted of Peekskill ; and who in the Assembly of this present year — 1886 — now presides over that Body as its speaker, — the fourth time to which he has been chosen to that high office.' Mr. Verplanck having died and Sir Henry Moore the Governor having dissolved the old Assf ai- bly on the 6th of February 1768, writa for a i.rw election were issued on the 10th o>' February return- able on the 22d of March following, between which dates the new election was held, in the manner that has been before described, and " Pierre Van Cortlandt Esq." was duly elected representative for the Manor, and took his seat at the opening of the session on the 27th of October 1768." This Assembly was a very short one, having been dissolved by the same Gover- nor on the 2d of January 1769. New writs for a new election were issued on the 4th of the same month re- turnable on the 14th of the ensuing February.' The election in the manor took place on the 1st of Febru- ary 1769 "Pierre Van Cortlandt Esq." being again elected. The following is a copy of the " return " of the election under the hands and seals of the return- ing officers, and as showing the method in use in Col- ony days is of much interest. It is endorsed " Copy of Indenture certifying the election of Pierre Van Cortlandt Esq', to serve as Representative of the Manor— 1769." Indenture of Election. "This Indenture made and concluded this first day of February in the Ninth year of the Reign of Our Sovereign Lord George the Third by the Grace of God of Great Brittain France and Ireland King, De' fender of ye Faith, etc., and In the year of Our Lord One Thousand Seven Hundred and Sixty-Nine — With and Between Joshuah Traviss Constable of the one Part and Jeremiah Traviss, Charles Moore, Joseph Traviss, Abraham Purdy and John Stevens Principal Freeholders of the Manor of Cortland of the Other Part, Witnesseth that the said Constable in obedience to His Majesties Writ to him directed bearing Date the Fourth day of January did give Public Notice to the Freeholders of the said Manor of Cortland who assembled and met Together on the First Day of February and by Plurality of Voices made Choice of Pierre Van Cortlandt, Esq., one of the Principal Freeholders of the Said Manor to be the Representative to Assist the Captain General or 1 For one your uf Mr. HtiHtfirs st^rTlce in tlx; Afficnibly, he flut fur Ro."klanrl Cunnty iliroctly acrusn tiny HuiIhuii. 2 AHH-inbly JuurnulH uf 17li8, a. ■' Amonihly Journals uf 17ti'J, p. II, lly ft printer's error tlie Joiirnuli inalii' tliii iHsiie of the new Writs the. "14th," instead of the "4lh" of January, 1709. Commander-in-Chief of the Province of New-York In General Assembly for Said Province, on the Four- teenth day of February. In Testimony Whereof we have hereinto set our Hands and Seals this day and year First Above Written. Joseph Traviss, [l. h.] Joshuah Traviss, Constable [l. 8.] Abram Purdy, [l. s.] Jeremiah Traviss, [l. s] John Stevens, (l. 8.] Charles Moore, [h. 8.] * This Assembly was the last elected in the Province of New York, and sat till 1775. Pierre Van Cort- landt sat for tiie Manor during its whole existence. In 1756 the population had so increased that au act was passed reciting the fact and authorizing the elec- tion of two Constables, one from those " having Habitations near Hudson's River," and the other from those whose " Habitations " were "on the East- ern parts of said Manor." ' By 1768 the numbers of the people had so much more increased that, the last mentioned act wjis amended by authorizing the election of three Con- stables, and dividing the Manor into three " Divi- sions " or Wards, each of which was to elect one of the three constables. The first of these " division " contained all the Manor West of the east bonds of North lot No. I. and South lot No. I., North of the Croton River, and West of the West bounds of lot No. 8 on the South of the Croton. The second division, lay east of the first, and Went of the West bounds of North lot No. 8 and South lot No. 8, and West of the East bounds of lot No. 10 South of the Croton. The third was all the rest of the Manor East of the East bounds f,f the second division." This act also provid- ed for ihe annual election of " Overseers of Roads " in each of the above divisions and specified their powers and duties.' In all these elections, and public actions under the foregoing laws, the inhabitants of the Krankhyte 300 acre tract, and of Ryke's Patent were included, be- ing political portions of the Manor of Cortlandt, al- though the fee of the soil was in the owners of the patents solely. Several of the Manors in New York likewise embraced within their limits in the political sense, small parcels of land not owned in fee by their proprietors, in the same way. By 1770 the people in Ryke's Patent had so increased in number, that an act T/as passed on the 27th of January in that year, for their special benefit which provided " that for the better defraying the common and necessary charges of Ryke's Patent in the Manor of Cortlandt in West- chester County," the Freeholders thereof should elect on the first Tuesday in every April, one Supervisor, one Constable, one Assessor, one Poor-Master, two Fence-Viewers, one Pound-Master, and one or more Surveyors of Highways, with all the powers and * The uriginnl is among the Van Gortiandt papers. 6 1. V. S. I,aws, Ch. lillf), p Ml). *iThoRC divisions are ofinn ftpolcen of in the documents of that day, as the throe wanis of the Mniiors, ' II. V. S. Laws, t'h. 1378, p. 529. THE ORIGIN AND HISTORY OF THE MANORS. 127 duties and subject to the same pains and penalties of the like oificers under the Laws of the Colony.' A singular law in regard to the Manor, as it appears to us now, was one passed the 13th of December, 1763, which enacted that in case any person whatso- ever "shall carry on the Practice of Inoculation for the Small-Pox in the Manor of Cortlandt within the Distance of Half a Mile of any Dwelling House he shall forfeit the sum of Tuieniy Pounds ($60.) for every such offence, upon proof before a Justice of the Pence, one-ihird to go to the j)ronecutor, and the other two thirds " 'or the use of the Poor in the Said Manor." The patient had consequently to go through the oper- ation and subsequent treatment, cither in a barn or a shanty in the woods. The Manor of Cortlandt was erected on the 17th of June, 1697. Stephanui van Cortlandt its first and only Lord died on the ii:5th of November 1700. Three years and about five months only did he possess it. This time was too short for any practical development of its Manor privileges, all that he seems to have done, was to make the stone trading house situated at or rather near, the northern terminus of the ferry across the mouth of the Croton River, better adapted to its purposes, to bring in some farmers and mechanics, and build mills. Precisely when this house was built is uncertain, but probably about 1683. Van Cortlundt's home was in New York, and this first building was intended as a station for Indian traific. Naturally it became his place of temporary residence when visit- ing his lands after his first purchase, either for busi- ness, pleasure, or the enjoyment of hunting and fishing. It is a tradition that Governor Dongan often visited this region for the latter purposes, as he was a sportsman in his tastes, a thorough gentleman and a great personal friend of van Cortlandt. Dongan was fond of flowers and fruit culture, and he introduced a kind of apple into this region still known in the Manor District as the " Dongan Apple." Subsequently the House was enlarged and became the still existing well known " Manor House of Cortlandt's Manor." From the days of Stephanus to the present hour it has ever continued to be the property and the residence of one of his family and his name, and ever the scene of a continued, and generous hospitality. The main part of the structure is built of reddish free-stone, with a high basement and walls nearly three feet thick. The roof is a rather low pitched one, in the Dutch style with dormer windows. A piazza of modern construction, e-xtends along the entire front above the high base- ment. It stands on the brow of a declivity sloping to, and overlooking, the wide estuary of the Croton River, and commands a magnificent view, to the southwest of the wide Tappan Sea of the Hudson, and its striking, beautiful, bold, and almost mountain- ous scenery. It was originally pierced with T shaped openings for defence, in case of hostile attacks, and > II. V. 8. UwB, oil. 1469, p. 576. one or two of them have been kept unwalled up, as a matter of interest, to this day. The ancient ferry near which it was built was then and long after the only method of crossing the Croton River i'rom the south to the north, west of Pine's Bridge near the centre of the present Artificial Croton Lake, a dis- tance of several miles. That bridge was not built till late in the 18th century. To the death of Steph- anus van Cortlandt so shortly after the erection of his lands into a Manor, is probably to be ascribed the fact, that there are no records to show whether he ever organized his Manorial Courts. The probability is, from the then sparseness of the inhabitants, that he did not. Nor before his death, was there sufficient time to have ini.'-oduced very many new settlers. We know however that all the privileges nnd franchises of the Manor, general and political, were enjoyed by his heirs, or their as.signs during the whole Colonial era. It will be remembered, that, by the terms of the surrender of New Netherland to the English under Nicolls in 1664, and afterwards under the provisions of the treaty of Breda in 1667, the Roman-Dutch law of inheritance was guaranteed to the new Netherland colonists. Hence it was, that when Stephanus Van Cortlandt died on the 25th of November, 1700, his will made on the 14th of the jsreceding April, was found to be in accordance with that law, and not with the law of England. Very ample and honorable pro- visions was made for his wife, both, in case she wislied to marry again, or in case she did not, the latter of which proved to be the case, although she outlived her husband nearly four and twenty years. The peninsula of Verplanck's Point was devised to his eldest son Jo- hannes, and all the rest of his property of all kinds was divided equally among all his surviving children, eleven in number, including Johannes. The devise of Verplanck's Point was all that Johannes received in addition to the others in virtue of his being the oldest son." Had it not been for the terms of surren- der and the treaty this eminently just will could not have been made, nor could the action under it which the widow and children adopted, have been taken. Before describing that action and its results, it is necessary to state who Stephanus Van Cortlandt was, who was his father, what his family, and who were his children. Stephanus Van Cortlandt was the eldest of the two sons, Stephanus and Jacobus (Stephen and James), of Oloft", (or Oliver), Stevens Van Cortlandt, the first of that name in America, by his wife Annetje (Ann) Lockermans. He was born at his father's house in " Brouwer," now Stone, street, in New Amsterdam on the seventh of May, 1643, and was baptized three days later, or the eleventh, in the Dutch church in the Fort. He married on the tenth of September, 11)71, in his 28th year, Gertrude, daughter of Philip Pie- >Tli» will ia recorded in tlie N. Y. Surr. Off., Lib. % of Wills, p. 78. 128 HISTORY OF WESTCUESTEU COUNTY. terse Schuyler, of Albany; and died, as has been stated on the twenty-fifth day of November, 1700, at the comparatively early ajr'j of fifty-seven years, leav- ing him surviving his wife and eleven children. His father, Olott" Stevens, or Stevenae, vnii Cort- landt, came to New Netherland, a soldier iu the ner- vice of the West Inula Company, arriving there in the Ship Haring (The Herring) with Director K'ieft ou the 28th of March, 1638.' He was a native ot Wijk, a small town in the prov- ince of Utrecht, in Holland. But of the or'8;in uf his family nothing is definitely known. He had a good education and the positions ue subsequently held, his seal with the van Cortlandt arms, still in the posses- session of his descendants, as well as articles of Dutch plate bearing the same arms, show that his position was good, and that of a gentleman. He remained only a short time in the military service, having been appointed by Kieft in 1()39 "Commissary of Cargoes,'' or customs officer, and in 1643, Keeper of the Public Stores of the West India Company, a responsible po- sition under the provisions of the Charters of Free- doms and Exemptions, being the Superintendent of the collection of the Company's Revenue in New Amsterdam, most of which was paid in furs. In 1648 he resigned from this official position, was made a freeman of the City, and entered upon the business of a merchant and brewer, in which he was eminent- ly successful, becoming one of the richest men in New Amsterdam. In 1649 he was chosen Colonel of the Burgher Guard, or City train Bands, and also appointed one of the " Nine Men " a temporary rep- resentative board elected by the citizens.- In 16t;4 he was elected Schepen, or a Alderrv. >. and the next year, 1655, apjwinted Burgomaster, or Mayor, of New Amsterdam. This ofiice he filled nearly uninterrupt- edly till the capture by the English in 1664, at which he was one of the Commissioners appointed by Di- rector Stuy vesant to negotiate the terms of Surren- der, was prominent in their settlement, and the docu- ment bears his signature with those of the other Com- missioners. He was also engaged in several tempo- rary public matters as a Councillor and Commi^isioncr during the administration of Director Stuyvesant, notably in the Connecticut boundary matter in 1663, and the settlement of Capt. John Scott's claim to Long Island in 1664. He acted in similar capacities under the first English Governors, Nicolls, Lovelace, and Dongan, and was chosen the Trustee of Lovelace's estate to settle it up in 1673. He married on the 26th of February, 1642, AnnetjeLockermans of Turn- hout, near Antwerp, a sister of Govert Lockermans, who came out with Director von Twiller, in 1633, and was so prominent afterward in New Netherland af- fairs. "Qovert Loockermans after filling some of the 1 1. O'CoU. 180. Alk. lice. 1., 89. The Dutch tl'uo|w in New Anuter- dttiu were deUichiiieiiU from thu regular nrniy rulacd in Hullaud by the Wetit India Cuiiipniiy, and were cliaugod from time to time. ' Ue was «Im one of the " Eight Ueu " a similar body, in 161&. highest offices in the Colony," says O'Collughan, (vol. 2, p. 38, n.) died, worth 620,000 guilders, or $'.08,- OUO ; an immense sum when the period in which he lived is considered." Oloft' Stevense van Cortlandt died on the 4th of April, 1684, and hi. wife followed him about a month afterwards.' They had seven children, the oldest of whom was Stephanus, and the youngest .Tacobus, who respectively, were the progen- itors of all of the name now living. The former found- ed the oldest branch, the van Cortlandts of the Man- or, the latter the younger branch, the van Cortlandts of Cortlandt House, Yonkers. The names of Oloflf Stevense and Annetje van Cortlandt's seven children were: 1. Stephanus, born 7 May 1643, married Gertrude Schuyler. 2. Maria (Mary), born 30 July 1645, married Jere- mias Van Rensselaer. 3. Johannes (John), born 11 Oct. 1648, died a bachelor. 4. Sophia, born 31 May 1651 married Andriea Teller. 5. Catharine, born 25 Oct. 1652, married 1. John Dervall, 2. Frederick Philipse. 6. Cornelia, born 21 Nov. 1655, married Brandt Schuyler. 7. Jacobus, born 7 July 1658, married Eve Philipse. ' After the death of the oldest of these children, Stephanus, his Manor vested in his own surviving chil- dren as joint tenants under his will. Their Father, Stephanus van Cortlandt, the first and only Lord of the Manor, was one of the most eminent men of the Province of New York after it become an English Colony. Except the Governorship itself, he filled at one time or another every prominent office in that Province. And when Lt. Gov. Nicholson went to England at the outbreak of Leisler's insurrection and actual usurpation, to report in person to King Wil- liam, he committed the Government itself in his absence, to Stephanus van Cortlandt and Frederick Philipse. ' A fact that caused Leisler, to seek their lives and forced them to escape from the City of New York to save themselves. Space will not permit more than the briefest mention of the events of his career, perhaps the most brilliant and varied in the fifty- seven years it occupied, of any inhabitant of New York in the seventeenth century ; and undoubtedly the first brilliant career that any native of New York ever ran. Born in New Amsterdam in 1643, he was a youth of twenty-one, when in 1664 the English capture took place and New Amsterdam became New >Tbe facts gtatod in this siietch are fonnd in I. O'Call. ISOand 212. New Netherland Itegister under its scverai headings, and tiio II. voi. of the Cuionial Uistory. Also in Brodhead's History, both volumes. And tlio Lookerman's Family Bible in the library of the Bible Society of New York. * Daugliter of the flrst Frederick Pbilitise. 'III. Col. Hist. 675. THE ORIGIN AND HISTORY OF THE MANORS. 129 York. Hnm^lit up under the eye of his father, and eduiated by the Dutch I'lergymen of New Amster- dam, ' \'-h<)Hi> Hc'hohirHhi)) wiih viiHtly higher than it hiw pleased nuuhjrn writers to state, and >Yhich wouhl compare favorably with that of the elergy of the nineteenth century, young van Cortlandt long before the death of his father in 1(JS4, showed how well he had profited by the example of the one, ;ind the learning of the others. He was n »u'rchiint by occu- pation. His first appointment >>-as as a memWr of the Court of Assizes, the body instituted under " the Duke's liaws " over which Sir Richard Nicolls i)re- sided, and which, as we have seen, exercised both judicial and legislative powers. In 16(58 he was ap- ))ointed an Ensign in the Kings County Regiment, subse(|uently a Captain, and later its Colonel. From 1()77 when at the age of 34 he was appointed the first Native American Mayor of the City of New York, he held that ottice almost consecutively till his death in 1700. When by the Duke of York's Commission and Instructions to (Jovernor Dongan, a Gov- ernor's Council was established in New York, Stephanus van Cortlandt and Frederick Philipse were named by the Duke therein as Councillors, and with them Dongan was to appoint such others as ho deemed fitforthe ottice. His name was continued in eachofthe Conimissions of all the succeeding Ctovernors down to and including Bellomont's in l()t)7, and he continued in the olfice till his death in 1700. Karly in this latter year he was appointed Chief Justice, but he only filled the office till his death in November of the same year. He had many years before been appointed .fudge of the Common Pleas in Kings County, and later in 169.'$ a Justice of the iipreme Court. In 168() Dongan made him Commissioner of the Revenue — and on the 10th of November, 1687, he was appointed by the King's, Auditor-General in England, William Rlathwayt, Deputy Auditor in New York, his accounts being reg- ularly transmitted to England and ai)proved. He was a|)pointed also Deputy Secretary of New York and personally administered the office, the Sec- retary always residing in England, after the British custom. He was prominent in all the treaties and conferences with the Indiana as a member of the Council, and was noted for liis influence with them. His letters and despatches to Governor Andros, and to the ditt'erent Hoards and officers in England charged with the care of the Colonies and the man- agement of their att'airs, remain to show his capacity, clear hcadediiess and courage. '' I'^iuallj' esteemed and confided in by the governments of James as Duke and King, and by William and IVIary in the troublous times in which he lived, and sustained by all the Governors, even though, as in Bellomont's case, they did not like him personally, no greater proof could be adduced of his ability, skill, and integrity. 1 Ill.tJul. Hi8l. .-iH8. ' In vuU. 111. and IV. uf the Col. Hist, uf N. Y. 10 With this sketch of their Father we p;i8s to the disposition he made of his (ircat Manor among his children, and their management and final division of it among themselves : The whole number of the children of Stephaniis van Cortlandt and Gertrude Schuyler, his wife, who were married on the 10th of September 1671, were fourteen ; 1. Johannes (John), born 24 Oct. 1672, married in 1695 Anne Sophia van Schaack and left one child Gertrude, who married Philip Verplanck grandson of Abraham Isaacsen Verplanck the first of that family in America. 2. Margaret, born 12 Aug. 1674, married to Col. Sam- uel Bayard only son of Nicholas Bayard the youngest of the three nephews of Gov. Stuyvesant. 3. Ann, born 13 Feb. I(i76, married Etienne (in Eng- lish Stephen ) de Lancey, the first of that family in New York, where he arrived, a fugitive Hu- guenot, on the 7th of June, KiSfi. 4. Oliver, born 26 Oct. 1678, died a bachelor in 1708. r>. Maria (Mary), born 4 Apl. 1680, married 1st, Kilian van Rensselaer fourth Patroon, and first ' Lord of the Manor,' of Ren.%4elacrswyck, and 2nd John Miln, M.D.,of All)any. 6. (terti-ude, born 10 Jan. 1681, dieil unmarried. 7. Philip, born 9 Aug. 1683, married Catherine de Peyster, daughter of the first Abraham. From this couple spring the e/de«t line of the van Gurtlaiul/x, now British subjects. 8. Stephen, born 11 Aug. UW!>, married Catalina Staats. These were ancestors of the ' van Cortlandt of Second River' (the Pa.ssaic) New Jer- sey, now e.xtinct in the males. 9. Gertrude, born 10 Oct. I(i88, married Col. Henry Beeknian. No issue. 10. Gysbert, born 1689 died young. 11. Klizabeth, born 1691, died young. 12. Elizabeth, 2d, born 24 May 1694, married Rev. Wm. Skinner of Perth Amboy. 13. Catharine, born 24 June 1696, married Andrew Johnston of New Jersey. 14. Cornelia, born 30 Jidy 1698, married Col. .fohn Schuyler of Albany. These were the progenitors of the Schuylers descended from Gen. Philip, who was their son, and from his brothers and sisters. ' 3 TliH Keiinalogy ntiove ^iven In tukaii rmni n tniiiwript uf tliti ciitrii-s ill tlu> van Cortlandt family l)il>lo, obtaiiii'd rroni ono of the itUlcHt hranch. the Gngllih one, by the late (Jen. I'ierre van 0. of C'rotou in 18'.i0 and 180 IILSTORY Ob' WEHTCHKHTEK COUiNTY. Thin Inrgi! rainily, of which four sons mid hovi'Ii dnuKhlcrs lived to maturity, the latter of whom mar- ried into the tirHt fumilieHof tlie I'roviiiee, and three of the Hoiis. (one hiivinj; died a youiij; bachelor) mar- rying into the Maine or allied (amilicH, forinet Mrs. ISceknuin who had no issue, had large families, and those of the sons were also numerous. And when to these were added the children of Stephanus's younger brother .Tacobus van Cortlandt of Yonkers, and their wives and hus- bands, it will be seen what an enormous family circle it wan, and will explain why ut this day all these families now so widely extended, are by the mar- riages and inter-marriages, among their descendants, so connected together as to form an almost inexplica- ble genealogical puzzle. In no other American colo- ny did there exist any such great kinship. It also explains why nobody can write correctly the history of New York under the English, without first mak- ing himself, or herself, the master, or the mistress, of at least the leading facts of this kinship of the ditTer- ent governing families of that Province. The political influence of these New York families 18 best shown by the following extract from William Smith's History of New Y'ork, a most partizan and prejudiced work, but which in this instance can be relied on, as the language is thatof a political enemy, and was written to explain the worsting of his own side in the party contest ofthe day to which it refers. Speak- ing of the New York Assembly of 17r)2, and the influ- ence of Chief Justice James de Lancey, Smith says, " It may gratify the curiosity of the reader to know, that of the Members of this Assembly Mr. Chief Justice De Lancey was nephew to Col. Heekman, brother to I'eter De Lancey, brother-in-law of John Watts, cousin to Philip Verplanck and John Baptist Van Rensselaer; that Mr. Jones the S])eaker, Mr. Richard, Mr. Wal- ton, Mr. Cruger, Mr. Philipse, Mr. Wiiine, and Mr. Le (Jount, were of his most intimate ac(]uaintances ; and that these twelve, of the twenty-seven, which composed the whole house, held his character in the highest esteem. Of the remaining fifteen he only wanted one to gain a majority under his influence, than which nothing wa.s more certain ; for except Mr. Livingston who represented his own JIanor, there was not among the rests manof education or abilities qualified for the station they were in." ' "The Seven Miss van Cortlandt*!," as they were long collectively spoken of, were noted for their char- ■cnt to tht> writcrHOraiiclfiitlier .loliii IVti'r dii I/uihcv cil Mftiiiiir k (tho two K^ntlcnicn IwiiiK BPcond ((MiRinH) anil now in tin? wiiti'in |«»<- BCBslon. It wim prlnterl by tho M-rlter In tlm Apl. No. , l«74, of tlie \. Y. (ion. & Blog Rotord. > II. Sniith'a Hist. N. Y., 142, ed. of 1820. acteristic dccisi(Ui of character, good sense, personal beauty, and warm allection for liach other. When their mother died in 172li, the list ot her descendanttt and family relatives present, which is still preserved, is most surprising for hu nund)ers, length and promi- nent nanu'8. The funeral took place in New York and was one of the largest ever seen in that city up to that day. Space will not permit any mention of its details here, interesting lu) they are. Of these children of Stephiuiiis van Cortlandt, the eleven who survived their Father, are thus tuimed in his will in the order of their births, Johannes, Marga- ret, Ann, Oliver, Mary, Philip, Stephanus, (lertrude, Klizabeth, Katharine, and Cornelia. With the ex- ception of the devise (»f Verplanck's Point to Jo- hannes as being the eldest son, the whole real estate after the decease of his wife, he divided among his children etpially. It was very large, for besides the Manor of Cortlandt, it included, lots and houses in New York, his share of the great Patent above the Highlands, a tract in Pennsylvania, and other lands owned in connexion with (iulian Verplanck, in Dutchess county, and some small pieces in other counties. It is only the Manor of Cortlandt that can here be treated of. His wife Gertrude was made " sole Executrix," and with her as guardian of the minor children, of whom there were several, as well as of the others, he appointed " my Brother Jacobus Van Cortlandt, my Brother [in law] Brant Schuyler, and my cousin William Nicolls,- to be Guardians, Tutors, and Overseers over my said children." The personal and mixed estate including " plate and jewels " was bequeathed "to my well beloved wife Gertrude," whom he charged with the payment of all debts and funeral charges. And to her were also given " the full and whole rents, issues, and profits of all and every part of my said houses, lands, mills, and other such Estate whatsoever, without giving or rendering any inventory or account thereof to any person whatsoever." The will was dated the 14th of April 1700, and was proved the 7th of January 1701. There was a custom among the Dutch jieople of New York, not to have the will of a deceased parent opened till after the expiration of a month from the day of the death, as a token of respect.' Then it was read in a family council, and immediately otfered for probate. This custom was probably followed in this case. The Witnesses who proved the will were, Thomas Wenham, Rip Van Dam, John Abeel, Rich- ard Stokes, and Andrew Teller jr., names familiar in New York to-day.' The third clause, after devising all his real estate whatsoever and wheresoever to his eleven children above nameil their heirs and assigns respectively, ' Son of Matlhtu NlrolI« the flret Knglisli Secretary of the Province, who had niarrii'd Mfh. Van Hcntwelncr, widow of thii» Patroon. 3 The writer haH p<-i-miiially known InHtanccH irtli sliall liave the first ehoyee, alv ;es allowiii); to the value of those i)artH they shall choose, that the respeetive partys and persons of my ehihlren may be made Kquall in worth to one another." The family was a very united one and deeply at- taehed to the mother, who was a woman of a very af- fcetionato, hut strong, and decided, character. She never niarrieil again, but devoted herself to her chil- dren and their interests. Under these circumstances, very many of the children being minors at their father's death, and the above being the provisions of his will, it was determined, that the Manor should )>e kei)t in connnon and not divided. Ann, Mrs. de Lancey, and Margaret, Mrs. Bayard, were the only daughters married in their father'H life-time, the for- mer only in the January, and the latter only in the A|)ril, of the same year, 1700, in November of which he died. This determination continued not only during Mrs. van Cortlandt's life, which terminated in 1723, but up to the year 1730, when it was agreed to divide that i)art of the Manor lying north of the Croton Kiver. During this jjeriod the population gradually increased, the rents were applied, in p-.t, to its development in building of mills, the making of roads, and aiding those ten- ants who desired to take up lands, The few people brought in, and improvements undertaken, by Steph- anus van Cortlandt between his first purchase and his death, were settled and made in the western i)ortion of the Manor, along the river, and in its immediate neighbourhood. Tlie progress was from west to east, not from east to west. The access to New York and from Albany was by water the landing places being at the ferry near the Manor House, and near the mouth of "John Peak's Creek " as well as at a spot south of the latter in Ryke's Patent. Johannes, or John, van Cortlandt the eldest son of Stephanus, had i.nirried Anna Sophia van Schaack of Albany, and had only one child a daughter who became the wife of Philii) Verplanck son of Abraham Isaacsen Ver- planck the first of that name in America. To her was devised by her Father at his death, the Point, from her husband's name called " Verplanck's Point," and his one eleventh interest in the Manor.' Oliver van Cortlandt, the second son of Stephanus, I Johannes liua annietinim been called the "Second Lord of the Manor," tiitt tliie is an error lis the jrarsonal liignity was entled L}- the diviiiion made by Stuplianus in his will. died in 170K, at the age of 30 years, a bachelor, and devised by will dated the 3d iKcember, 17(M>, his en- tire share of his father's estate c<|ually among hih Hurviving brothers and sistersi and their heirs. Philip V(*rplanck was a man of good education, good ability, and one of the best surveyors in the ('olony. To him his relatives entrusted the survey- ing and division into parcels of the whole Manor. How well and thoroughly he performed the iluty his survey and map renniin to attest to us to-day. The original of the latter disappeared, at a comparatively late day, but in 1774, before the American Uevolu- tion, a fac-simile copy (the oldest in existence, and often wrongly called the original Manor Map) was made from it by the well known surveyor of the City of New York of that period. Evert Bancker, and is now among the Van Wyck papers in the possession of that family; of which by their permission, a re- duced copy accompanies this essay. To it are made all the references of parcels, lots, and owners herein mentioned. It speaks for itself of the ability of Philip Verplanck, who was the same Philip Ver- planck mentioned above, who sat for the Manor of Cortlandt in the Assembly of the Province from 1734 to 17()8, thirty-four years. This survey was made in the spring of 1732, and is dated the thirtieth day of May in that year. The Agreement of the children and grandchildren to make a 'division of the estate was dated November the 13th 1730. It provided for a division irito ten e<|ual parts of the estates of Stephanus and his son Oliver, "and to that end all the said parties with an unanimous as- sent and consent did elect and choose Philip Vcr planck, surveyor, to survey and lay out the same into thirty Lotts, by virtue of which nomination and ap- pointment he the said Philip Verplanck did project and lay out the (ireater part of the lands and meadow in the said Mannor into thirty Lottj, shares, and al- lotments," and made a map of the same, and the said parties "did further by the assistance of the said sur- veyor, and Daniel Purdy and Samuel Purdy, ap- praisers elected and chosen by all of them for that purpose, make a perfect dividend, separation, and di- vision of the said thirty Lotts, shares, and allot- ments,'" which several shares were conveyed to each in October 1732, by partition deeds executed by all the i)arties to each other respectively. This division comprised onlv "the greater part of the manor lands." In 173^ under the same articles of agreement, the parties in interest made in the same way, another di- vision "of the other and remaining part of the lands aforesaid," into ten lot.-i, and n( iraclH and patento, in which tlie boundary linoit wen- conti'Htfd. The«« liad liccti oinilted xputulicaily t'roin Ihu (irat two DiviitionH on thfHf ai'coiintH, and had continued to be held tm un- divide' been settled and others not, whih^ the lands were held in this nninner. .Mlenxlh, to settle all <|ueMtionN aiiHolutely, and to ett'ect a final division of these un- divided lands and those Houth of the (,'roton river, a j Hpucial a);reen\ent was entered into by all of the heirs '■ as they stood, in \1M, in virtue of which a final dis- ; position and distribution of the lands was eli'ected, | with some small exceptions. | At the first two divisions, tlie ten heirs who made • them were tliese persons : — 1. Philip Veri)lanck, in ri^ht of Oertrude his wife. 2. Samuel IJayard, in riffht of Margaret his wife. 3. Stephen de I,ancey, in rij^htof Ann his wife. 4. Philip V^in ('ortlandt, of the Manor. 5. Stephen Van ('ortlandt, of Second River, N. ,1. fi. John Miln, M.I)., in right of Mary, (widow of Kilian Van Rensselaer) hia wife. 7. Ffenry Heekman, and (iertrude, hia wife. 8. William Skinner, in right of Klizabeth hia wife. !>. Andrew Johnston, in rifj,bt of Oatherine his wife. 10. .Fohn Schuyler, Jr., in right of Cornelia his wife. During the twenty years which elapsed between 17!W, and the execution of the agreement for the division of 1 75;i, changes by death had occurred, so that the heirs who joined in the latter were as follows : 1. Stephen Van Cortlandt (of Second River, N. J.). 2. John Miln, widower. .3. Henry Beeknuui and Gertrude hia wife. 4. William Skinner and Elizabeth hia wife. f>. Andrew Johnston, widower, (i. Cornelia Schuyler, widow. 7. Stephen Bayard, Nicholas Bayard, Samuel Bayard, sons, and Peter Kemble, son-in-law, James Van Home, son-in-law, and Nicholas Van l)«m and William Cockroft and Margaret hia wife, grand children of Samuel and Margaret Van C. Bay- ard deceaaed. 8. The Honorable Jamea de Lancey, of New York, Peter de Lancey, of Weatchester, Oliver de Lan- cey of New York, Susannah Warren, widow of Sir Peter Warren, K.B., Admiral John Watta and Ann hia wife, children of Stephen and Ann Van C. de Lancey deceaaed. 9. Stephen Van Cortlandt, Junr., and Pierre Van Cortlandt, of the Manor, children of Philip Van Cortlandt, dec''. 10. Philip Verplanck and Gertrude hia wife. The method of the division of lltiS wa« a little dif- ferent from that of the former ones. All the persons last above named in whom the undivided lands had veste- all hanns Van Cortlandt directed that when a division was decided upon it should be as followa : " Item. It is my will and appointment and Direction that upon a division of my a'" houaea, lands, and mills, and other Real Es- tate my sons according to their priority of birth shall have the first choyce, alwayea allowing to the value of those parts they shall chooao that the respective partiea and persons of my children may be made Equall in worth one to another." Nothing is said as to how the dauglitera' ahares should be chosen, which presumably was to be in the ordinary way, that is by lot. It is believed that when the first two divisions were made the sons first chose their parcels in the order of their births, and that the daughters drew lots for the remainder. But in whatever way these two divisions were made, the result was, that the foUowing lots fell to the following named child- ren — To Philip Verplanck, Nos. two, and three of theSouth lots north of Croton, and No. two of the "'Front Lots" on the Hnd.son. To Samuel and Margaret Bayard, North lot No. three and South lot no. nine, North of Croton, and No. seven of the Front lots on the Hud- son. THE OKIOIN AND HIHTORy OF THE MANUilH. 133 To Htepheii ilelianccy, North lot No. ten, Hinl Houtli lot No r>, iiorlli of Crotoii, iiiid Front lot No. six, on the Hiid- Hon. To I'hilip Van C'ortlan that must have been put upon the lots which fell to Andrew JohuHton, to e(|ualize, that, the lota on and nearest the Hudson were then deemed the most valuable and desirable. When Verplanck's Map was made the ten lots South of the Croton, shown in it were not included in the " thirty lots " divided in the iirst two divisions of 1732 and 1733. Consequently no names of owners appear on them. They were however subswiuently divided, later among the hei.s by the same method, and they fell to the following persons : To Philip van Cortlandt, No. one South of Croton " Andrew Johnston, " two " " " Stephen Rayard' '' three " " " Stephen van C(?rtlandt," four " " " Philip Verplanck, " five " Philip Schuyler' " six " William Skinner, " seven " " Henry Beekman, " eight " " " Stephen de Lancey, " nine " " " John Miln, " ten " " • After the first two divisions there was a little changing among the heirs of their lots, either by ex- 1 Tbia la t)ie correct name. It haa been apelled Meliii, anil MIlin, In •omo pap«ni and ina|M. Uo was a pbyaiclun uf Aliiany, N. Y., and mar- ried Maria, or Murjr, van C, the widow of Klllau van Banaolaar, tliu I'atroon of hU day, and tint Loi-d of UeniiKelaeniburgh lu ii Mntvir. s For himself and the other children >4 IiIh ututher Mnrfj^uret bayanl. ^ For hiniaelf and the other children ul hia mother Cornelia Hchuyler, * From • M8S. ttiktaiueut in the Van Wyck papera. change, or by purchase. Kxactly what their arrange- mento were in all cases it is now tllHiciilt to say. One change, which will illustrate this matter, was nutde between Mr. '<2 and \TM\ arc of nmcli interest, when the present eiior- nioiiH VHliie of the present townships forrne<] out of the Mimor is considered. The contrast is almost incredihlo notwithstanding; th(! century and a half which have elapsed since the valuations were miulc. The following; statement showing the numhers and contents in acres of each of the lots is from Ver- planck's survey of May 80 17;t2. The (irst column shows the numbers and areas of the first or north range of (Ireat Lots north of t]w ('roton ; the second those of the south nvn>;;o of the Oreaf IiOt« north of the C'roton ; and the third those of the Front lots on the Hudson. North range of the (treat Lots North of the Croton. No. 1, contents WXt acres. 2 2784 „ ;t 2!M)4 „ 4, „ 2S(14 „ •'"', , 2H11 „ •!, „ :il(lK „ 7 ;{(i!t(i „ 8 8(;!h; „ ;» ;i(i!M; „ H» :i27a 32,887 South range of Oreat liOts north of thoOroton. No. 1, contents 222.'> acres. „ 2, „ 2!)!»4 „ !i 2!K)4 „ 4, „ :5712 ,. ^ 2!)82 ., tl 27f.O „ 7, , 2000 „ 8, „ 2;m „ !» S-WS „ 10 2.')0r, 28,706 I'''ront lots on the Ifudson. No. I, contents I2.'').'> acres. „ 2, „ !»:t2 „ .'!, „ IKSO „ 4. , 1447 • „ ^ „ 1220 „ «, ., 1720 No. 7, contents 1027 acres. „ «, „ 808 „ !», , 1238 „ H> 2704 14,!t.'i3 Recapitulation. (ireat North lol« .'{2,887 acres. „ South lots 2«,70r. Fnmt Lot.s on Hudson 14,l{;i.S ,, Total in the IJivisioimof 17.'{2 and 17:W 7r),08.5 Lots South of Croton 7,128 8.'{,li;{ Lands in Poundridge 3000 ,, Parson's Pointonthe Hud8(>n 100 Total east of the Hudson... 80,213 'Tract on West side of the yuiison inoo Total number of acres in the whole Manor 87,713 „ The areas and valuations of the shares of each of the heirs named above in the divisions of 1732-3 are thus stated in an " Estimate of the X'alue in the Manor of Cortlandt, 1733."'^ Niuiiea. Aorai, Viiliio hi ihmiiiiIh. P. Ver|>lanck 932 2ir). 2995 34.5. 2904 413. 6981 £973. Margaret Bayard 1027 wife of Samuel Bayard 281 1 8.500 7.'{98 £»48.» Stephen l)e I^ancey 1172 234. 3273 210. 2932 r>.5.5. 7377 £999. Philip Van (.'ortlandt 1255 300. 2225 195. 3IG8 480. 0048 £975. Stephen Van Cortlandt, 1474 214. 2700 883. 2600 375. 6894 £972. > Tliln In not In Verplniick'H nnrvi'y, liiit Ih adilint im an I'Htlninln ft'cini till' lieKt iiirnriiiiitliin llin writer i iiiilil olitiiiii. «Fniiii tlir MS. Ill tliii Vnii Wyck |i»|Hini. 1 Tlio miHinitn viiltHm of riirli of tlmie tliroo lotn iin* oiiiJttMl In tha (iI'IkIiikI, IIiiiiikIi llin totui In kIvoii ; ovIilKiitly iin ai'ililiiiital urnir. THK ORKJIN AND HISTOHY OF THK MANOIJS. 1:15 .rohii Miln Ocrtrudc Hei'kmaii. Williiiin irtkiniu'r. Arnw. Vkluv In ihjuihIh. ..1234 '2;iS. 2784 ;«K). ;tti!M) 4.'iO. 7714 ,t:Mr> isti. SKiU £!»r)l. Aiuiri'w .lohiiHtDii 40i(r» H;i!). 1233 240. \mm 810. <;023 ,£88». Joliti Sihuyk'r,.jr 808 218. 28(10 rtlf). 'Mm 22.'). 73(i4 eioi;\ Ucuupilululioii. AiiiotiiitN ill N. Y. Niitnt't*. .ViTi'i. Cnrn'lii-y. l'l;ili|. Vcriiliiiick (;S31 £ 073. .MnrKiiii't Kiiyiinl 73W £ 048. Stcpiu'ii Do i.iiiu'V 7377 £ 000. riiilii) Vim ("oillaiiilt ()(i48 £ 07.'). Sti-plu-n Villi Cortlmiilt (1804 £ 072. John Mill! 7714 £ 088. (iiTliu.lf l?c»'kiiiiui 80(12 £ 012. Williiun i^kiiiiiiT 81(i3 £ Ofll. Aiulrew .lolinstoii 0028 £ 8,S0. JohiiHchiiyliT.jr 7.'i(;4 £1018. 7f>474' £0()2r). Tlu' iiliove valut'H nrc in New York curroncy in ill which the poniui wiih e(|iiiil to two dolliirx and a half of United Stales ('iiirency. lleiiee llie I'litire value in money of the 7.'),000 aeres and iipwanlH, in 1733, when the diviHion ainoiij.; the lieii'8 took pliiee, wiM only f2.').0()2, or iihoiil :i<2,rillO per Hliaru ; and an iIk^ hiiarew averaged 7000 acre.s eaeh, it ii* wen at oiiee how extremely low wiih tlic vidue of land per acre in New York and in WeHteheHter Oiiinly at that lime. ThiM valuation alwi in evidence of the good HCime and Hoiind Jutl);meiil of Mi'h. StepliiiPUH van C'ortlandl, thi) Holc executrix of her huHhand'H will, uiid of Wil- I'l'liiH nniiiiiiit Im 511 Hi'ivn Iifm llmii tilt* totiil ncrPHKi> of llui mnio j.ilH |(7ri,1iH,''i ii.Ti^H) III Vi>t'|>liinrk'M NiirvHy, |irliiti'il iiliovr. Ah llio MH. froiii wriiii'li (hUltiKl NlHl'Miii'lit *H tiiki-li In n ronuh i)nt> tiii.l iiiimIkiii>iI, it In lU'dlHiblu tliiit iliutitlior iiiiulu IIiIb I'l'ior. hiiU tbiit tliu aiirvoy !■ curroct. liain NicollH, JacohuH van ('ortlandt, and lirandt Schuyler, his relativcH and her iidviHerM under (lie .same, in deeidin^ to hold, and ii. the former about a century and the latter about a century and a half, after the valuation of the .Vltinor as a whole in 1732-33 above given, hIiow in the luost Htrikiiig manner the tremeiidoiiH increase in value of the Manor b(!tweeii the time of il.s diviHion among the ten heirnof StephanuH van C^ortlandtand Mic present day. ' Valiiiiliiiii »/ 1820.-' Townnhip of ("ortlandt *.'')0.'),80| of Yorktown 400,101 " of Somers 4.")0.0t.i " of North Salem, 244,(i()r) of .Siiith Salem, 2!l2,.''i7 I of I'oundridge, k ,^)."),4 10 *2,048,H20 Vttliiitlidii iif 187"i. ' Township of Cordandl, *4,31(;,l.'")0 " Vorklowii, I,2r)8,(ill " SomerH 1,402,108 " North Salem, I,l23,r)(l() " " lA'wi.sboroiigli,' !tr)2,l3') " I'oiiiidridge, :\ 114,202 *0,1()7,(I37 It iiiiiHt be borne in mind, however in eoiiiparing lliene lablcH of 1820 and I87ri, Hint (be valiiiili f 1732-3 embraced only the divinionH of those years « II Ih kIVHII.V Im I.i' IVKi'i'lli'il Hull il IKIII)' ni|lllll.Mi' nliolll III.' |H>lill.nl |)Uli-i>iitif;i. Ill llii> tiikiiiu of II, Mltoiilil liiiYi' iiri'v.'iilc.l IIm< tiikinK .it iiiiy Stall' ('..IIK1IH III IKN.''., M. (lull u <'i>iii|>iii'Im()|i "I' vuhi.'M ii|i til Mint y.'iir i-iiiilil Ikivi' Iii'i'II lirrii kIvi'Ii. II Ih, |>.'rlitit>H, luir In wi^. IIku, tiikiiiK oim' I.IWII Willi lUlolluT, lill ll.l.llllnll .il' ti'll p.'t' -mil. Ill III.' IIkui'.'N .)l' llll' c.'tiHim i.f IH7ri miiilil I*.' alxiiit llif a.'liial viiIiik In IHM,^. '■' l''nHii llii> Talili' a|.i«'Mil.'il 1.1 Wi'Hli'li.'Hl.'i- rmiiily, In lli.' kiciiI Allan i.r till' I'.iiililli'H ur Ni'W Vi'i'k. i'iilii|ill('il li.v till' I'l'li'hriili'.l Hllili'.ili III' will, iiii.li'r an All III' llii' l.i'Kinlulini', In ll<:".i ami |iiilillnlii'.l al lllnna, N. v., hy Davl.l II. Iliiii. TIiIh Ih IIii' iinmt aiillnntii' Allan .if N.'W v. Ilk iliat I'xiflH. anil Ih now rari'. < Kliini llii' .Mlali' C'liHiiH iif IHV.'i, Talil. IIH. ' Fui'iiiiirly Siiiitli Siiliiii. 1S6 HISTORY OF WKSTCHKSTKR COITNTY. among the heirs, while the valuation of the Townships enibra<'e in addition the lands subsequently divided among the lieirs in 1763, and a small portion of lands then Icftundividcd, as mentioned above ; and also that in North Salem and Lewisborough the " Oblong" lands are included in their respective valuations, which were never a part of the Manor. But allowing for these corrections, they are sufficient to show the great increase of value in a century, and a century and a half, of the lands forming the Manor of Cort- landt. Precisely which of the great lots of the Manor, were embraced within the limits of each of the five Townships, and one-third, which were carved out of it, is a matter of interest, to the antiipiarian at least, at this day. The following statement of the areas of the respective townships in Great Lots and Acres, is taken from a MS. among the Van Wyck papers, un- dated, but drawn up, as appears by an indorsement, relative to the calculation the payment of the quit rents. It bears no signature, and was probably made up as a basis for their commutation, sometime, within the first twenty-five years of this century. As will be seen by the footing at the end, the gross number of acres somewhat exceeds the figures of the gross number by Verplanck's survey as stated above. Without attempting to explain tiiis discrepancy the statement is given as in the original, because it shows clearly which great lots of the old Manor were em- braced in each Township, carved out of it, and the amount of the (juit rent due for each Township at the time the statement was prepared, whenever that was. Town of Cortlandt. Acres. All the Front hots 14,!«3 South Lot No. 1 2,225 North Lot No. 1 4,01tr) No. 1, South of Croton 562 No. 2, South of Croton 58() J of No. 3 300 Tellers Point 300 Parsonage Point 100 Ph. V. Planck (Verplancks Point) !I15 23,4 Hi Yorktnwn. N. Lot No. 2 2,784 N. Lot No. 3 2,908 N. Lot No. 4 2,8(;4 S. Lot No. 2 2,!H»5 S. Lot No. 3 2,!K)4 8. Lot No. 4 3,712 All the Lots South of Croton Kiver 7,128 2i Lots taken off for Cortlandt Town 1,484 fi,fi44 23,811 SomerB Town. Acres. N. Lot No. 5 2,811 N. Lot No. () : 3,lfi8 N. Lot No. 7 3,«!t6 About a third of N. Lot No. 8 1,232 S. Lot No. 5 2,982 S. Lot No. 6 2,760 Half of S. Lot No. 7 1,330 17,979 North Sa/em. ii of N. Lot No. 8 2,464 N. Lot No. 9 3,6f»6 N. Lot No. 10 3,273 9,433 S(julh S(i/em. J of S. Lot No. 7 1,330 S. Lot No. It 3,6!t6 S. Lot No. 10 3,273 9,433 Poiindridt/e, Stone Hills. ' About 3,000 Town of Corlhindt 23,416 Yorktown 23.811 Somerstown 17,979 North Salem 9,433 South Salem 9,857 Poundridge, Stone Hills 3,000 87,49(1 Recapitulation. Share of Acres. quit rent. Town of Cortlandt 23,416 $137.00 Yorktown 23,811 138.00 SomersTown 17,979 103.00 North Salem 9,433 54.(X} South Salem 9,857 57.00 Poundridge.Stone Hills.. 3,000 17.00 1506.00 Philip von Cortlandt the third son of Stephanus, born the 9th of August 1683, was a man of clear head, of good abilities, and possessed of great decision of character. He was a merchant in New Amsterdam, and like his father took an active part in public affairs. In June 1729 he was recommended to the King for appoiri»ment as a Councillor of the Province by Cioveriior Montgomeric in place of Lewis Morris jr. The appointment was made the 3d of Febriniry 1730, he U)ok his seat in April of the same year, and continued in the Council until his death on the 2l8t of August 1746, when he was succeeded by Kdward > Thia i> th6 common niuue of the uortharu part of Ibii Towa. THE ORIGIN AND HISTORY OF THE MANORS. 137 Hollund through the roconiineiulation of Governor Clinton. He wiw ii prominent member of the Com- mission on the part of New York, in the case of the CoU)ny of Connecticut and the Mohegan Indiana. His wife wuaCatliarine daughter of Abraham de I'eyster to whom he was married in 1710. ' He left him sur- viving, si.K children, five sons and one daughter, Catharine, who was killed by tlie bursting of a can- non on the Battery while watching the firing of a salute in lionor of the King's birth day June 4th 1738, in her 13th year. By the death of his elder brothers, Johannes who left only a daughter, Ger- trude, the wife of Philip Verplanck, and Olofl', or Oliver, who died a bachelor, Philip became the head of the Van Cortlandt family. His five sons were Stephen, Abraham, I'hilip, John, and Pierre. Of the five, Abraham, Philip, and John, all died unmarried, eplien the eldest who succeeded his father as the . .ad of the family, was born the 2(ith of October 1710, married, in 1738, Mary Walton Ricketts, and died the 17th of October 175(), leaving two sons Philij) and William Ricketts, Van Cortlandt. Philip the elder, the fourth head of the family born lOtli November 1739, preferring a military life, entered the British Army, in which he served many years, dying on the Ist of May, 1814, in his 75th year. He is buried in Hailsham Church where a mural monument is erected to his memory. He married on Aug 2d, 17(52, Catharine, daughter of Jacob Ogden of New Jersey. Tliey had the large number of 23 children (several being twins) of whom twelve lived to grow up, five being sons and seven daughters. The f'ormerall became otlicers in the British Regular Army. 'I'liey were 1. Philip 2. and Stephen ) twins, b, 30 July 17G(i, iiic latter died young, the former married Mary Addison and died, having had one son, George W., who died young. 3. Jacob Ogden vou Cortlandt, Captain 23d Fusiliers, killed in Spain in 1811, leaving issue. 4. Henry Clinton van Cortlandt, Lt. Col. Slst Foot, died a bachelor. T). Arthur Auchumty van Cortland, Ca|)t. 45th Foot died a bachelor in India. The daughters were, 1. Mary Ricketts, married John M. Anderson; 2. Elizabeth, nnirried William Taylor, Lord Chief Justice of Jamaica, and left one son. Col- onel Pringle Taylor of Pennington ; 3. Catharine, twin with Mrs. Taylor, married Ur. William Ctourlay of Kincraig Scotland; 4. Margaret Hughes, married O. Elliott-Elliott of Berkshire and died without isisue ; 5. Gertrude married, Admiral .Sir Edward Buller and left isauti ; ' 6. Sarah Ogden van Cortlandt, died M'nI. niHl. N. Y. V, iiml VI. ^ Lady IhiHur'H only lurviviug duughtvr, Auua Muriti, marriuU, 2dUi uf 11 single; 7. Charlotte, marriertions of the proj)erty that fell to his Grandfather Pliili|> van Cortlandt at the division of the Manor in 1732-33. Pierre van Cortlandt, the youngest son of Philip the third son of Stephanus, born the 10th of January 1721, and who died the lat of May, 1814, in consu- (pience of the deaths in early manhood of his brothers Abraham, Philip, and John, unmarried, and of the death in 1756, of his eldest brother Stephen, and the absence in the army of his nephew Philip, Stephen's eldest son, became early and closely identified with the affairs of the manor and the interests of his rela- tives therein. Marrying Joanna a daughter of Gil- bert Livingston he naturally leaned to political side of his wife's family in the party contests anterior to the opening of the American Revolution. He was the representative of the Manor in the Colony As- sembly from 17(J8 to 1775, and unlike his nephew, Philip, the head of the family, he took the American side in the Revolution. He was a member of the Provincial Convention, the Council of Safety, and the Provincial Congress ; and upon the organization ot the State Government in 1777, was chosen Lieuten- ant Governor of New York, and served as such till 1795. In 1787 he was President of the Con- vention which formed the Constitution of the United States. He had four sons Philip, Gilbert, Stei)lien, and Pierre, and four daughters, Catharine the wife ot Theodosius P. van Wyck, Cornelia, wife of Gerard G. Beeknmn, Anne wife of Philip S, van Rensselaer, so long the Mayor of Albany, at which city she died in 1855 at the age of 89 years, and Gertrude who died, a child in her eleventh year in December 17(16. Of the four sons, two, Gilbert, and Stephen, died in early life unmarried. The eldest was the celebrated Colo- nel Philip van Cortlandt of the Revolution, who at its close was nnide a Brigadier General, and died a bachelor Nov. 21st 1831. To him the portion of the Manor containing the Manor House descended, and there he lived all the latter part of his life. Upon his death it passed to his youngest brother Major- Gen' Pierre viin Cortlandt. The latt»r was born the 29th of August, 17(i2, and died in 1848. He married Ist in 1801, Catharine, a daughter of Governor George Clinton, by whom he had no issue, and 2nd Anne Stevenson, of Albany. He was all his life a resident Kt'liniury, tH24, 1.t. Col. Juiiich Druiuiiioiid Klpliiiihtoiio, wlieii hciwHiiiiH-d till' immi' iir Hullrr ln'rori' KliililiiatiMiii. Sliu ilii'il UO Kuli. iMl.'i, Ii'uvIiik fniir KoiiH utiil fmir ilaiiglitiTH, tliL' uMfht of which H:»iirt Williitrii lliillur Fiilkr Kliihiimtout.' It. N. U thu IStli uiiil pruauul Duron bliihluutuiie. 188 HISTORY OF WESTCHESTER COUNTY. of the Manor, and one of the most prominent men of Westchester, and its representative in Congress. By hiw second wife lie had one diild, a son, tlie hite Cohj- nel Pierre van Corthmdt, who died only on the eleventh of July 1884, leaving him surviving, his widow, Catherine, eldest daughter of the late eminent Theodrick Romeyn Heck, M.D., of Albany, one son, Mr. James Stevenson van Corthmdt, and two daughters, Catharine, the wife of the Rev. John Rutherfurd Mathews, and Miss Anne Stevenson van Cortlandt. The Manor House and adjoining estate is still the home of Col. Pierre van Cortlandt's widow and chil- dren, having continued in the family and name of Stephanus van Cortlandt since 1083, a little upwards of two hundred vears. The necessarily very brief sketches of the van Cortlandts in this essay are only intended as an out- line, to show the general descent of the cider branch of the van Cortlandt family, the van Cortlandts of the Manor of Cortlandt. The nature, origin, and existence of the Quitrent, payable from the Crown granted lands, to the Colon- ial, and, subsequently, to the State, Government of New York, have already been explained.' Those for which the Manor of Cortlandt, and all the prior grants within its limits were liable were i)aid at inter- vals, but in full, till their (inal extinction by commu- tation under the acts of the Legislature, aud the ac- tion of the state government of New York as late as 1823. In the case of the Manor of Cortlandt the first pay- ments of its quitrent, were receipted for by the King- Receiver-General and Collector, on the back of the Manor-Grant itself, which has been already described. This course wiis unusual and was owing probably to the early death of its first lord an. the careful atten- tion of his widow and executrix. 'J ne receipts for sim- ilar payments being generally given on sejmrate pas pers. These receipts are four in luunbcr, and cover from 1(597, the date of the Manor Grant to 1732, — the date of the first division — thirty-five years, and are as follows : 1" Endorsement. "Received this 29th March A D 1716 of M" Ger- truyd van-Cortlandt the sum of Twenty-eight Pounds, Prodammation monney in full of Quit-rent for the Lands Lying in the within Patteut, untill the 25th day of this instant month of March as witness my hand T. Byerley CoW. 2°* Endorsement. Received (In Quality as Receiver-Generall of this province) this 16 August 1720 of M" Gecrtruydt Van Cortlandt Executrix of Stephanus Van Cortlandt de- ceased, the Sum of Eight pounds proclamation mon- ey. In full of Quitrents for all the liUnds Lying within the Maunor of Cortlandt, to the 25 of March • Pttrt 10, of thin iMsay, mte pp. OT, UO, Last Pursuant to the within Pattent as wittness my hand T. Byerley Coll'. 3'' Endorsement. Received of Phillip Cortland Esq' for account oi M" Gecrtruydt Van Cortland two ])Oun(ls proe'. mon- ey in full for one years (|uitt rent to the 25 of March last for the lands mentioned in the within Instru- ment. Wittness my hand this 29 day of June 1721 T. Byerley Coll'. 4"' Ii^ndorsement. Received of the heirs of Coll. Stephanus Van Cort- landt, by the hands of Samuell Bayard Esq' Thirty- two pounds proeln money which together with thirty- eight pounds like money Received by M' Byerley is in full for llis Majestys ((uitrent from June 1697 to the 17 of last witness my hand Nov' 7"' 1732 Arch'' Kennedy Ree' Gen'. Thomas Byerly the Receiver General and Collector whose bold signature appears to these receipts, arrived in New York on the 2!)th of .luly 1703,^ and was a prominent official in New York and New Jersey, of both which Provinces he was of the Governor's Coun- cil. He died in 1725, and was succeeded as Receiver- General in New York by Archibald Kennedy, who signs the last of the above receipts, in 1726. Subsequent to the divisions of 1732-33 among the heirs, the (luit rents were ])aid proportionably by the different owners. During the Revolutionary war and after it nothing seems to have been paid, till the state Comptroller advertised to sell the lands to pay the arrears under a State law. The following correspond- ence with, and memoranda of, General Philip Van Cortlandt will show how the ([uit rents were settled. Sir " Mamaroneck November 7, 1815 In a conversation I had with Judge Purdy a few days since, I understood from him that you had gone to Albany to ascertain if the (juit-rcnts now demand- ed for the Manor of Cortlandt had not already been paid, if not on what i)art of the Manor those now de- manded were due, and how the different proprietors are to proceed in estimating their respective propor- tions. As I am interested in a ])art of the Manor, I will thank you for any information you can give me on this subject. I hope you will excuse the trouble I give you, and believe me. Sir Respectfully Yours J. P. dcLancey'' General Philip Van Cortlandt. Manor House Nov. 29 1815 Dear Sir On my return from Albany I was favored with yours of the 7th, and am happy to inform you that » IV. Col. nirt., 106C. »MS. Letter. Mr. John Petor do Laiicey, of Haniaronock, tho writer of tliis letter uiicceodoil to the uusoUI portion of tlio Muiior liiiiJu THE ORIGIN AND HISTORY OP THE MANORS. 139 I have settled and paid up all the Q. Rent of the Manor of Cortlandt and also commuted for all future Q. R. in such manner as not to be obliged to call (m any of the Proprietors. Neither will any tax be neces- a.ary. So that you may Henceforward rest perfectly contented. There remained some undivided land which was sold to accomplish it. I am with great respect Yours Ph. V. Cortlandt.' Mr. J. P. deLanccy Mamaroneck. The following letter and certificate written by Gen. Philip Van Cortlandt explains fully this matter of the Quit Rents. " Tlie Comptroller is requested as soon as conven- ient to make out what amount of Quit Rent is due from the Manor of Cortlandt Pattent, wiiich includes in its l)()unds, the Pattents granted to Stephen V. Cortlandt for lands on both sides of the Hudson, Dated March 16, lOSiJ— John Knight, dated March 24 1()8()— and Hugh McOregory dated the 2d of April 1()!)0 — which became the property of the said Stephen Van Cortlandt, and no Q. Rent from them is ex- pected to be paid as by the words expressed in the said Mannor Pattent, which is dated the 17th of June l()97, will appear. " Of this a part to be sold — see below. " A patent gr.anted to Tennis DeKey and others al- tho within the said Manor was not the property of Said Stephen Cortlandt, and is subject to Q. Rent. " This waa mentioned to the Comptroller, and it was recpicsted of him to wait a few days and the money should l)e paid. This the Comptroller must have for- got when the same was sold to Mr. Lawrence who is very willing to give up the same if agreeable 'o the Comptroller. "This is to l)e paid and commuted for. "There is anotlier smiill Patent granted to Tennis Dekey, Sybout ITarchie and Jacobus Harchie which is also included in the Manor and is subject to pay Q. Rent. " Of this a part to be sold. "There is about eighty acres called Parson's Point, which was left by the Proprietors of the Manor un- divided and now is in the possession of the Dutch Minister — and if sold a title can be obtained, wliicli can not be done without. Further information will be given by the Comi)tr(iller'8. Humble Serv' Ph. V. Cortlandt." " I do hereby certify that it appears from pa])ers in my possession, that when the Manor of Cortlandt was divided in about the year 1732 — there was lefta piece of land said to contain about eighty, or a hundred (tf hia bnithor, Stephen dn Liincoy, in the town (»f Norlli Siileni. The hitter liietl ill 1705 without ifWlle. 'MS. Letter. acres, which I have always understood was originally intended by the Proprietors for a Parsonage, and which was not divided among the Heirs, altiiwiigh they all held an undivided right therein. After the Ilevolutionary War I obtained possession thereof and put the Dutch Reformed Congregation in ]>osse8sion. As they cannot obtain a complete tith; from the Heirs, I want it sold for the benefit of the said church, or as much thereof as will pay the Quit Rent now due from the said Manor of Cortlandt. Ph. V. Cortlandt." Parson's Point is bounded on the West and South by Hudson's River, and on the East and North by Divided lands of said Manor of Cortlandt." At the time of the first divisions of the Manor there were settlers upon all the lots more or less. The lots were divided up into farms averaging 250 acres in some parts of the Manor and 200 acres in others. Each farm numbered, and leased as " Farm No , in (treat Lot No. ," and when described the ten- ants name was generally added, thus " and in pos- session of so anil so." By 1750, the whole Manor had become populated, as appears by the list of farms and tenants names in the accounts still extant rendered to many of the heirs and their representatives. A very few farms here and there had been sold in fee. About 1770, as the tenants had prosjiered and their families increased, they began to acipiire the "soil right" as they termed it by i)urchase from the landlords. The Revolution checked this movement entirely for the time being, nor was it till 1787 or 8 that it began again.. Put from tiiat time it progressed continually, so that by 1847, there were only about 2500 or 300O acres of "' leased land," exclusive of the estate belonging to Gen. Pierre Van Cortlandt, left throughout the Manor. Of this about 1200 acres divided into five farms .are, at this moment, still held, in the (jreat Lot, No. 6, south of Croton, by descendants of the heir to whom that lot fell at the original division, In Nine cases out of ten the tenants themselves acquired the fee of their own farms. And the result has been that in every town- ship in the Manor, very many of the descendants of the original tenaitte still live, as owners in fee, ui)on the same lands which their iinccstors originally took upon leases, and thus have beld them lor four, five, iind sometimes six generations. In all the townshii)s there are a few instances where dishonest persons have by trick and chicanery acijuired farms, by a scries of " stpiattings " and fraudidcn*- transfers and so-called sales of leases. Rut lus a body the oUl tenants dealt honestly and squarely with the owners. Some of the leases it may be said, provided for a ])artial payment of the rent fixed, in kind, as in wheat, in two or four fat fowls, and in so many 9 Origiiiul MS. tm HISTORY OF WESTCIIRSTER COUNTY. " tlays work with carrinjje and horHCs," meaning; not " a oarriafTfi " in our Hcnse of the word to-day, but a day's work with wagon and team. Tliis latter was "flcn spoken and written of as a " day's riding.'' These were all originally introduced as an easy way f(>r the tenants in those times when there was very little money in the country to pay a part of the rents re- served in the leases, which as a rule ran from one or two, to ten pounds a year, New York currency. Dur- ing the latter part of the last century, especially after the Revolution, the landlords and tenants made between themselves a private commutation, in money, for these rents in kind. The Manor as far aa the personal dignity of the Lord of the Manor was concerned, ended with the death of Stej)hanu8 Van Cortlandt in Novemberi 1700. In all other respects manorial, parochial' civil, and jiolitical, it continued intact, until its final termination by being divided up into townships under the Act organizing the State into Townships in 1788. The toi)ography of the Manor is very remarkable, and very beautiful. The valley of the Croton lies al- most whol y within its limits. The northernmost branches of that River rising in Putnam County and the easternmost, in Connecticut, each receiving in its course many small affluents, meet near its centre, and form the main stream of the Croton, which falls into the Hudson on the south sideof the striking peninsu- la of Teller's, or Croton, Point. Five or six small streams, the largest of which, is " John Peaks Creek," now Peckskill (kill being the Dutch word for creek) also fall into the Hudson. These streams form deep sinuous valleys between the high, rocky hills through which they force their way to " The Great River of the Mountains. They take their rise in the range of hills dividing the valley of the Croton from that of the Hudson, which run nearly parallel to the latter at a distance to the ea«t of it about three or four miles. From the eastern slopes of these hills to the Connecticut line extends the valley of the Croton proper, broken by lesser ranges of wooded hills, and high fertile ridges, into numerous smaller valleys, through which run perpetually, clear and winding streams. Notwithstanding this fair region has been the abode of a numerous and thriving population for more than a century and a half, it still possesses exten- sive forests, and rocky, wooded hills, amid which glist- en, ke diamonds, numbers ofsmall transparent lakes. So many are they that only a few of the larger are to be found upon the Maps. This region so remarkably wooded and watered, formerly abounded in beaver, all kinds of deer, and the ever present foes of the lat- ter, wolves. Many are the provincial statutes offering bounties for the destruction of the latter. The beaver lived on the streams and in the forests of Core- landt till early in this century, the last having been killed near Lake Waccabue in 1837. To this day one beautiful branch of the Croton bears the name of " The Reaver Dam," and a high wooded ridge, not far from it is still called, "The Deer's Delight." There are two points, from which the greater part of this splendid region can be looked 4..'' it^ da* lioM^.^J*".^!- Mb^^UmtinA. &jVf ^W w^^^C^^i *i. TIIK ORIGIN AND HISTORY OF THE MANORS. 141 ccrtiiin in that the Indian niitnc ol' "Kiditawnnk," or " Kifi^litawong" is tliat given t<> tliu Uivcr in all tlic earliest Duedi) and Patents. In Philip VerplanelcM survey and ma|) made in 1732 the name he giveH to it ia the " Kightewiink Creek or Oroutuii'n lliver." ' As Mr. Verplanck lived many years jjrior to 1732 in the Manor, and knew every one interested in it, from shortly after the death of tite|)hunuB Van Courtland to his own death a period of about seventy years, his opportunities of knowing the English name of the stream were certainly better than those of any one of whom wo now have knowledge. He wjis also a sur- veyor, and hence obliged to be particular in giving correct names to natural features. Now he called it on his map of 1732 " Groatun's lliver," hence at thiit date such was certainly its English name. Therefore the name must have originated between IfiOT the date of the Manor Grant in which it is described by its In- dian name and 1732, the date of the Manor Map, that ia within the period of thirty-five years. But whether " Groatun " from which the ■ ange to " Cro- ton " was very easy, was the name of ..n Indian or a Dutchman can never be known. The probability is that if there was such a man he dwelt near the mouth of the stream, and his name given to it at bis dwelling-place was extended gradually throughout its entire length. I5ut whatever the origin, " Croton " it baa been for more than a century, and " Croton " it will forever remain. 14 The Manor of Scnrgdale, IIk Origin, Local History, A>ljoining PiUcnts and Manors, Its First Lord and his Family, Division and Topography. Named by its liord after that division of the beau- tiful county of Derby, nearly the geographical centre of England, in which the city of Chesterfield, crown- ing a lofty verdant height, sits like a queen upon her throne, the rivers Ilother and Hipper flowing to- gether at her feet, termed the " Hundred of Scars- dale," in which he was born. Colonel Caleb Heath- cote proved at once his own good taste and his love for the ancient home of his fathers. The name de- scribes equally well the English locality and its Amer- ican namesake. " Scarrs " was the Saxon word for rocky crags, and "dale" for valley. The western and northwestern parts of the Hundred of Scarsdale are noted for the rocky heights and deep valleys which form that striking Derbyshire scenery immor- talized in the " Peveril of the Peak " of Sir Walter Scott. The western and northwestern parts of the Manor of Scarsdale are overlooked y the hills and crags, half covered with forests, at the foot of which Hows the river IJronx ; while the vales and glades of the lower heights which separate the valleys of the Bronx and the Sound, upon one of which he dwelt in > Bee the Manor map and hit " axplanatloiw " appended to tt. his earlier life, are also immortalized in the "Spy" of the Neutral Ground of Fenimore (!ALE. William the third by the Grace of God of Eng- land, Scotland, France & Ireland, King, Defender of the faith i%c. To all to whom these presents shall come sendeth greeting ; Whereas our loving subject CAMcn Heathcote, Escjr. hath petitioned the Ilon.ble John Nanfan our Lt. Govern'r, & Conmnd' in Cheif of the Province of New Yorke in America, Ik our Councill of the said Province, for a confirmation of a tract of land in the County oj Westchester, Jiegin- ning at a marked tree by Mamoronack River w'ch is the eastermost side of the Northern bounds of Mamo- ronack Township, being about two miles from the country road & to run along the sd. lliver to the head thereof, & thence on a north line untill eighteen miles from the said marked tree is compleated ; west- erly, beginning at the marked tree or a great rock be- ing the westermost part of the northern bounds of the aforcsd. township, being about two miles from the country road, & thence to run northerly eighteen miles as the line on the eastermost side of the said land runcth, including in the sd. Mannor his eighth parte of the two miles laid out for the town of Mamo- ronack, with the lott he now livcth on, & the lott bought of Alice Hatfeild, w"' the lands & meadows below westerly to a path to him belonging by virtue of his deeds & conveyances, parte of w"'' land within ye bounds aforesd. was purchased by Jno. Richbell from ye Native Indian Proprietors w"'' sd. Jno. Rich- bell had a grant & confirmation for ye same from Coll. Fra.""-" Lovelace, late Gov', of ye sd. Province, & the right of ye sd. Jno. Richbell therein is legally vested in the sd. Caleb Heathcote, & other parte has been purchased by ye sd. Caleb Heathcote of ye Na- tive Indian Proprietors ; & whereas ye sd. Caleb Heathcote hath further petitioned our ad. Lt. (Jov- ernor & Councill that ye a..l. tract of land may be erected into a Mannour by yc name of ye Mannour ^'riii« uaiiu) lA pi-o|M»i-ly proiioiincfHl a!i if ' Ho«tlu;ut<\'^ nfl ufteii liennt ipolled "llotlicul," not U2 HISTORY OF WE8T0HB8TKR COUNTY. of Sflartdale, whort'upon our Hil. Lt. (>«vern' by A w"" y« Hilvicc of <>"' (!<>uii(ill Dirccrted a Writt to ye liigli Bhcrrifr of ye ai\. ( 'oiiiity of Weiitchcster to (!ii(|iiirR to w' iluiniiK" Hiii'li imtfiit would he, w'"' writt imtuiMl iic- ('oriliiiKiy, w"* a proyiHo tlnit it Hlioiiid not ^ive yu ml. Calel) llcHtlicott! iiny further titlu tlien wliicli ho al- ready liath to ye IiiikIh called ye White I'laiim, w'"" Ih in (liM|)iite Itetwei^n ye Haid ('aleh Henthcotc A, Home of the iiilialiitiititM of the /own of Hyr, whereupon the Hil. Mlierrife returned y' the Jurorx found that there is no dainii)(e tn the Kin^, <>r his HUhjeetH, in erecting the Mannour aforcHd., except ye ml. white I'liiineH w.'''* arc in diMputo ik eontcHt hetween yv. Hd.(!alel) lleath- coto At the town of Rye, ilt excepting Janien Mott A the reit of ye frceholderH of Mainoronaek who have deed within the patent of Kiehl)ell ; k'now ijee that of our Hpceial K""'"''") I'ertain knowh'i'.ne, A nieer motion, wee have Kiven, granted, ratified, A confirmed, »S[ l)y tliose proHontH, doo for uh, our heires & HUccesHorH, give, grant, ratifye, & eonfirme, unto ye Hd. Caleb Heathcote, hit* heirns, » Heathcote, his heirt«<'fc assignes forever, provided that nothing here- in (;onteined shall be construed, deemed, or taken, to give the sd. Caleb Heathcote any further title then what he now, by virtue of these our letters patents, lawfully hath to ye sd. white IMaines in disjiutc as aforesaid nor any jurisdiction w"'in the sd. White Plaiues untill the same shall happen to belong to the sd. Caleb Heathcote, and moreover, h'liow yee that of our further speciall grace, certain knowledge, & meer motion, wee have thought fitt to erect all the aforere- cited tracts & parcclls of land & meadow, w""in the limitts & bounds aforesaid, into a Ijordship and Man- nour, except as before excepted, and therefore by these presents wee doe for us, our heires, & sucet^s"', erect make & constitute all the aforerecited tracts and parcells of land and meadow within the limits h bounds beforom .iticuied (except iw before excepted), together ,v."'" all ft. every the above granted premises, w.""' all, and every, of their appurtenances, into one Lordship or Mannour, to all intents and piirposra, h it is our royal will and pleasure, that the sd. liOrd- nhip and Mannour Hlntll from heiieeforth be calle. liie Lordship ami Mannour off Mcarsdale ; and k'now t/ec that wee reposing especiall trust A, confidence in the loyallty, wisdomo, justice, prudenc^o, veing subject, doe for us our heires pening, or to luni- pen, being or to Ik-, forfeited, w."'in tlie sd. Lordship or Mannour of Scarsdale. And wee doe further give A grant unto the said Caleb Jleathcote his heires & assignes, tliat all A singular ye tenants of him the sd. (!aleb Heathcote, within tho sd. Mannour, shall A may at all times herealler meet together A choose assessors within the man.' aforesil. according to such rules, wayes, A methods, as are jirescribed for cities towns A counties within our sd. province, by yi; acts of (icnerall of Assembly for defraying the publick charge of each rcsjiectivo city, town, & county, afore- said, A all such Slimes of money so assessed A levyed, to collect A disjMPHe of, for such uses, as any act or acts of the sil. gener." assembly shall establish A ap- point, to have, hold, possess, A enjoy, all A singular the sd. Lordship or Mannour of Bearsdale A premises, with all A every of their ajipurtenanccs, unto ye sd. ('aleb Heathcote, his beings A assignes, forever, and that the sd. :.'-idship or Man.' afbrcsd. shall be A forever continiie tru- & exempt from the jurisdicson THE ORIGIN AND H [STORY OF TIIK MANORS. m i>ruiiy town, towiiHliip, nr Maiioiir, wliiitMiH'vcr, to li«' holdfii ofuH, our lioirt'H tic HiiccfHmirH, in frvo A. coinon mHTmr,u iiccoriling to tliu tenure of our Munnour of Kiixt Orct-nwirh in tliu (■ounty of Kent, w"'in our Kiii)(e iiereiinto atlixed. WitncttH John Naufiin Vm\.' our \X. (iovernour tt C'oiniiuder in Chief of our Province of New York ik territorii44 depending; tliercon, in America. (lii'in lit fort William lliinry in our city of New Yorke thi« 21»t day of March in the fourteenth year ofour reign Anno Domini 1701. John Nunfun. //// /lit Hon'" couinnd M. Clurkson Hecry. I do hereby certify the aforegoing to be a true copy of the original record word d- ^)i\\ line page 22!) heing ohiiterated and or interlined in itM Htead im in ttaid record. Compared therewith by me. Lewis A. Hcott, Secretary. State of New York, ] . Office of the Secret ary of Stale, i 1 liure emnpareil the preceding copy of Lettcn I'al- enl with the record thereof in tliirt oflice, in Hook NundxT Si:iHn of I'atentx at page Vdh and I do hereby certify the Hame to be a correct transcript therefrom and of the whole thereof. Wiltiem my hand and tlie neal of office of the Hccre- tary of State, at the City of Albany, the la/ day of Sejitemher, one thomand eiyhl hmulrcd and eiyhly four, Anson (). Wood Dq^iity Secretary of State. John Hiclibell who ia Htated in this Manor-Crant, to Colonel Ileathcote (which expressly vested Ilich- bell's title in the latter), to have been the purclnwerof part of the Manor-land originally "from ye native Indian proj)rietorH," was one of a family of Hamp- shire-men either in, or from the neighbourhood of the city of Southampton, in that County, in Eng- land. They were also merchants in London engaged in trade with America. In the seventeonth century a large trade waa carricKl on between England, the West Indies, and the ' Plantations on the Maine' of America. Of this trade the central point in the West Indit!S was Itarbadoes then, as now, a Hritish Island. The voyage* were from England to Uarbadoes, thence to New York or Roston, and thence back to England. Hence the continual reference in the accounts and letters of that day to the " news from home via Bar- bardoes." Precisely when John Uichbell left Eng- land is not known. He was a merchant in (JliHrlestown, MflHsaehuHetts, a<'eording to Savage's OiMiealogical Dictionary in KI4H. In an inventory of the estate of Itobert (iil>son of KoNton, dated the lltli of August l(l<''>!>, appears this item, " due from Mr. .lolin Kich- bell for wages and wino C<'<(1, 4, <>, nn.'>7 he was apparently in the Island ot iiarbadoes. Prior to this latter date he was in the island of Ht. ('hristopber's, where he received from liis mother-in-law Margery Parsons •'certain goods fornu-rly delivered anri paid unto mo by Mrs. Margery ParsoiiH upon the Island of St. Christopher's." ' When in Iiarbadoes he met with two otluT English- men, 'I'honniM Modiford a resident of that island, and William Sharpt; of Southampton in England, 'i'lie three entered intt) an agreement to undertake a bnsi- ness which the oppressive navigatiiui lawsof Englan(| tempted, and practically compelled, iiuiny EuKlishmen and ('olonists to go into. These laws increaseil in extent, and vigorously enforced by Cromwell, bore harshly upon England's " Plantations in foreign parts" at thattimejiistbeginningtoexist. Then began that illicit contraband trade in America which con- tinued and increased from that time duriiig tlii' whole colonial period. And which proved, in coiiHeijUence of the very stringent measures adopted by England late in the (eighteenth century to suppress it, thereby injuring the business interests of the colonies, one of th(! potent, if not the mont potent, of the causes which [troduci^i that great event, the American Kevolntion. The " Instructions" to Kichbell from his partners in relation to their business still exist in the ptdilie Archives of New York. The partim named, were "Thomas Modiford of Itarbadoes, William Sharpe of Southampton [EnglandJ, and John Kichbell of Charli-stown, New England, Merchants. " All were in Iiarbadoes apparently at the date of the " Instruc- tions," which, tu) clear and s|ic(ei(i(r, as they are inter- esting and curious, are here given in full. They are headed : — " InntnictionH delivered to Mr. John Kichhell in orded to tlie intiiided nel/leinent if a f'laiita/ion in the BOuth-irenl parts of New Enyland, in behalf of Idvuelf and of mb- neribers." They piously begin, and are in these words: — "God sending you to arrive safely in New England, our atlvice is that you in forme yourself fully by sober understanding men of that parte of [thej land which lyeth betwixt Connecticott and the Dutch Collony, and of the seaeoast belonging to the game, and the Islands that lye betwixt Long Island and the Maine, vi/,. : within what government it is, and of what kinde that government is, whether very strict or reniisse, who the Cliiefe Magistrates are, on what ternies ye IXI. N. K. (iiiii. nee., p. ;H7. 3 It«cit»l ill adccil to tier of Mtli Nov., IWiS, In tlio writur'H poawwioii. 144 IlIHTOKY OF VVEST(!IIKHTEll COUNIT. TikHhiih hIiukI with llioiii, und wliiil boiiiulH thu Dutch prutenti to, uiitl buiiif; MiiliHlyt'il in IhcHu |MirticiilurH, (vl/..) that you iiiiiy with Hccurity Bc^ttlu thure iimi without od'eiice to iiiiy. Then our iidvicu in that you onduavour to buy Honif Huuill I'hmtation tiiiit iH al- ready Hcttidd ami hath an hoiiHu, and Home i|uantily as yon nuiy enlarge i:ilo thu woodit at pleiwui-e in each, — bu Muru not to faylu of theHeaccoinniodalionH. I. That it be near nonie navigable Kyver, or ut lenMt Home Male port or barliour, and that the wayu to it W. neither long nor dillieult. II. That it be well watered by itome running Htreani", or at leant by Huniu Treali pundit and HpringH, near adjoining. III. 'J'hat it be well wooded, whieli I tliinke you can hardly niiHHo of. That it be healthy, high, ground, not boggH or leuH, for the !iopeH of all eonHiHlM in that eonsideration." Then alter cautioning him to obtain a good title, and directing him how to begin ami carry on tlii^ actual mottling and planting of the location, the in- HtructiouH, with anharp eyi' to their main object, thuH conclutle; — " LaHtly, we dcMire you to advine uh, or either of uh, how all'airM nland with you, what your wantri are, and how they nuiy be nioHt advautageoiiHly (Employed by uh, for the lite of our buHiut«H will connint in the nimble, tpiiet, and full, corrcwpondenic with uh ; and although tlicHe inntructionH wo have given you, clearl y i ndicat(« I our vieWH I yet weare notnatiHlieil that you muHt needs bring in the placeno nuiny dillicuitycH, and alno obnerve ho many iu(U)iivenien('eH, which we at thin diHlance cannot poMHibly inuigine; and there- fore wo refer all wholly U> your dincretion, not doubt- ing but that you will doi^ all thingH tt. llitil. Know all nieti by IheHe prcHentH;— That I Wappaijiiewam Itight owner and Proprietor of part of thin fyand, doe by order of iny brother who in another Proprietor i^ by (JouHcnt of the other IndyaiiH doe thiH day Hell, hi'tt, fi make over from inee my lu^rcH and nHHigncH for- ever, unto .John Kichbell of Oynter Hay bin heyrcH Ik, aHHigncM forever, three Neckn (d' Lainl, the lOaHtcir- iiiOHt in called Manimaranock neck, and the VVcHter- moHt in bounded with Mr. I'eil'H purchiiHe: Therefore Know all 'lien whom theno preiientM eoncerne, that I Wappa(|Uewam Doe thin Day alienate anil l^Htraiige from niee, my lu^rcH, and iWHigiieH for ever unto .lohn Kichbell bin heyrcH and aHHignen forever tlicHc three NeckH of hand with all the Meadown Kivern and iHlandH thereunto lielon;ring, AIho the Hiiid Kichlu'll or bin AKMignen may freely feed cattle, or cutl Timber Twenty milcH Northward from the mark(Ml TrecH of the Neckn, llbr and in cotiHideracion the naid Kichbell in to Oive and Delivc^r unto the aforenanied Wappa- quewam the goiMln hereunder moiitioiieii, the one lull fe about a month after the date here of, and the other halfe the next Spring following, an the Inter- preters can TcBtifye, & for the true porfornianco hereof I Wap|ia(juewam doe acknowledge to have KcMcived two Hhirtn & Ten HhillingH in Wampum the Day and Date above Written. The mark of + Wappiupiewam, Twenty Two (JoiiIh, Oni! hundred falhoiu of Wampum, Twelvt! HhirtH, Ten paire of SlockiiigH, Twenty hanilH (d' powdor, ,, Twelve liarrH of head, Two lirelockeH, | Hmeeii Hoo», ' ' '■'. 'J III II NiiiKli' |ia|N(>() tluH Indyan deed. I Wampaipiewam, together with my brother Maha- tahan, being the right owncru of three Neck>< of Land, lying and being Koundcd on ye East side with Mamaranock Uiver, and on y" Wi^st siile with the Htony Uiver which parts the said Latid anil Mr. Pells purchase. Now These are to certify to all and every one of whom it may eonecrne. That I Wampaijuewam did for myself'e and in the behalfe of my aforesaid Brother Mahatahan, firm firmly Bargain and Hell to Mr. .fohn Uiclibell of Oyster Hay, li> him and his Heires forever, the above mentioned three Necks of Land, together with all other Priviledges thereunto belonging, 8ix wiicks before I sold it to Mr. Tlios. lievell. And did mark out the Bounds, and give Mr. Uiclibell possession of the said l/and, and did receive part of my pay there in hand, as Witness my hand. Witnesse The mark of Jacob Yough -f- Catharine Yough.* WampiKiiiewain. ■ Tlili n|i> Hni^; iif lliti I'riivlnio >iii TJIIi Miirili, I7'.!'A In thn wrlU*r'ii puMwwIon. In tlm Ihioki* im iiiiw nuiiilifi't'd ut Allmny, It \n In \i\\m\' *2 of Deedfi, p. Wvi. Tho murk of \Vup|)ti<|iiL2, and the ap[dicant was reipiested to explain more fully the extent and meaning of his proposal. Uiclibell subsequently did so, and on the (Itli of the succeeding May (l(it)2) there was granted him the annexed "grond-bref" or ground-brief signed by Htuyvesant hiniNelf. Ihtlch (Inmnd-Hrirf for Mamnrnnepk. We, the Director-* feneral and Council of State of New Netheriand, doe declare by these presents, that we, upon the iiieiiiorial or petition of Mr. John Uisse- bcl and his friends, that he be under the protection of tl I high anil subordinate Authority of this Prov- ince, upon terms and conditions that other inhabi- tants doe enjoy, may take up and posssess a certain Neck and parcel of Land calli^d Mammarinikes, pro- vided that the aforesaiil Mr. .lolin KisM'bel, his asso- ciates, and every oni! that are now hereafter to come, in due and convenient time, shall present theniselveH before us to take the oath of fidelity and obedience," and also as other inhabitants are used, to procure a transport of what they ])osMess. (iiven under our hand anil seal the lith day of May, l(it)2, in Fort Amsterdam in New .Netheriand. P. Htuyvesant.' > |i)w. Slid Hnti< pp. M-AT Airtlie "Uriiui Hnfl conilltlonM" rofnrrfil to In thiN ilornnitint. * ,\it'('i|iili-filliy thiiclmrittrof *' KHM^Uinuiiind Kxeniptloni" m<*nllonml ulHItO In JtHI't 04" of thin <^)lHpt)M'." TTliu orlKlniil In Itnli'li of thin pnpf^r In Iho wrItcr'N powtcwilini. wiiii a f«w yoiin nKo ixi hlintiilly iltMtroyoil. It !• reounlud In vul, ix. of the Stittu Uecorda nt Allwiiy, W. 146 HISTORY OP WESTCHESTER COUNTY. The Dutch "Transport " which was formerly in the writer'H poHSCHsion was unfortunately dt-Htroyed by accident at the same time with tliu original (iround- briefas stated above. It vested the lands in Rich- boll absolutely. The English Patent of Confirmation of the Trans- port to John Hichbcll was grunted by Governor Fran- cis Lovelace on March Hi, lOOM, and is as follows: — The Entjluh Patent of Vonfirmalion to John Richhell Francis liOvelace, Esq., Governor General, under his Royal Highnexs, James, Duke of York and Al- bany, &c. Ac, of all his territorictt in America, to all to whom these presents shall come, sendcth greeting. Whereas, there is u certain parcel or tract of land within this government, upon the main, contained in three necks, of which the eastermost is bounded with a small river, called Mamaronock river, being almost •,he east bounds or limits of this government upon the in.iin, and the westermnst with the gravelly or stony brook or river, which makes the east limits of the land known by the name of Mr. Pell's purchase. Hav- ing to the south, the sound, and running northward from the marked trees upon the; said neck, twenty miles into the woods, which said parcel or tract of land hath been lawfully purchased of the Indian proprietors, by John Richbell of Mamaronock, gentle- man, in whose possession now it is, and bin title thereunto sufficiently proved, l)oth at S(!vcral courts of sessicms, as also at the general courts of axsi/.es, now for a confirmation unto him the said John Rich- bell, in his i)08session and enjoyment of the ))reiniseH; Kno'ii ye, that by virtue of the commission anil author- ity unto me given by his Royal lligbncHs, I have given, ratified, and cimfirmed and granted, and Ijy these presents do give and ratify, confirm and grant, unto the said John Richitell, his heirs anlK»inl Ijy I'ell, with Aiiilriit' IHTiiilt aiiUKXiHl la III tlin wrltar'a pwawaaluu. THE ORIGIN AND HISTOllY OF THE MAxNOllS. 147 which Ih in manner and form em \n hereafter cxpretiscd viz.' That the Haid Hichl)ell shall extend from Cedar Tree Brook or Gravelly Brook, south westerly fifty degrees to a certain mark'd Tree, lying above the now comon Road thirty and four chains in length, marked on the east with R and on the west with P, thence ex- tending south eixty three degrees East by certain marked Trees plixed' ending by a certain piece of Meadow at the Salt creek which runs up to Cedar Tree Brook or Gravelly Brook, extending from the first marked Trees Nor Nor \Ve«t to Brunkes's River by certain Trees in the said Line marked upon the west with P. and upon the east with H. performed the twenty second day of May 1()77. p' me Robert Ryder Surv." The preceeding Surveyor above mentioned is mu- tually consented unto by the above mentioned Mr. John Richbcll and Mr. John Pell in presence of its. Thomas Gibbs AValter Webbs John Sharp Joseph Carpenter.''' Thus was permanently settled the controversy re- garding the West Neck, a settlement which finally determined the eastern boundary of the Manor of I'eiham. As neither the Middle or Great Neck, nor the West Neck, formed any part of the Manor of Hcarsdale, an account of them will not be given here, but will be found in the chapter on the Town of Maniaroneck as now erected. In Kichbell's Petition of the :J4th of December I6!>1 to the Dutch Government for a ground-brief above given, he says the name of the " East Neck " is " Mamaranock Neck." A misreading by Mr. Bolton of the first of these two words in this docu- ment as recorded led to his stating in the first edition of his History of Westchester County issued in 1848, (vol. i. 282) that the " aborigiiuil name" of the East Neck wiut " Wanmainuck," and the error has con- tinued in the second edition, (vol. i. 408). This bus led 8UbBe<|Uent writers to repeat the statement. It was however purely a mistake of Mr. Bolton. The true " aboriginal name " of the East Nock was " Mamaranock," the same as the rive; which formed its eastern boundary. This word was -ipclkM in very many ways, in early days, by the l)ii:cli and I'lngllsh in public and private letters, documeiK :, and instru- ments, but all aiming at giving the original Indian sound. In the early part of the eighteenth century the present spelling "Maniaroneck" obtained and hiui ever since been used. It is the Indian name of the River Mowing into the head of the Harbour. Like most Indian names it is descriptive of a strik- ing natural object and ell'ect, and signifies "The Place where the Fresh water falls iuto the Salt." A short ) So ti) (lin nrlKlnal. > I'rum « I'utuiiiiiumrjr uopy of tliu uriKliiitl lu th« wrllar'i distance above tht; present bridge between the towns of Mamaroneck and Kye where the river bonds sud- denly to the east and then takes a northerly course, a rocky reef originally crossed it nearly at right angles, causing the fornuition of " rapids." It was high enough to prevent the tide rising over it at high- water, so that the fresh water of the river always fell directly into the salt water of the harbour, and at low water with a strong rush and sound. It was thus a striking and unusual occurrence in nature, and is the source of the Indian name of the River itself and of the East Neck of which it wiw the eastern boundary. No authority has been found for another significa- tion " the place of the ndling stones " that has been ascribed to the word "Mamaroneck" by Mr. Bolton. Rolling stt)nes are not found anywhere in the neigh- borhood, the rocks being what the geologists call ill situ, and the boulders of huge size and weight. Richijell's Patent of confirmation from frovernor Lovelace is dated Octol)cr Kith, HJliS. On the 14th of the ensuing November, twenty-eight days later, he conveyed the East Neck to Margery Parsons, his wife's mother, " for valuable consiileration of certaine goods formerly delivered and paid unto me by Mrs. Margery Parsons upon the Island of St. Christopher's in America." Two days afterward, on the Kith of No- vember KJ(i8 Margery Parsons conveyed to her daugh- ter Mrs. llichbell the East Neck " for that singular ' and dear affection I have and bare to my most dear daughter Mrs. Ann llichbell wife of the said Mr. John Richbcll for her dutiful observance towards me."* By way of making this provision for his wife more secure, John Uichbell settled the same East Neck upon her as a jointure, by a deed in trust to John Ryder dated 2.'fd of April, Ki(i!(, "in considera- tion of a marriage long since had and solemnized between tlu; saiiMlun, urlKdml not rui'onloil. ' Aiicliiiit ciipy Id wHtora |h.im(imIuii. \\m reounlwl In Ixiuk A, iM Ai) W.i.e. (!.i. > Wiitl. (;u. RacunUIilb. A. |i .14. 148 HISTORY OF WESTCHESTER COUNTY. On the 23d of December 1697 Mrs. Ann Richbell conveyed the entire East Neck and all her right, title and interest therein and thereto, by a full covenant warranty deed, in consideration of £600 New York currency, to "Coll. Caleb Heathcote, Mayor of the Borough of Westchester," his heirs and assigns forever in fee simple absolute, excepting only a small tract previously deeded as a gift to James Mott and his wide in 1684, and another small piece deeded as a gift to John Emerson on the 30th of Sept 1686, which latter was subsequently conveyed by Emerson to Mott by deed dated 25th of June 1690, the wives of both being daughters of Mrs. Richbell. The deed to Colonel Heathcote also provided that " this Deed of Sale shfill not obliedge the said Ann Richbell to make good to the sail' Caleb Heathcote any of the outlands within the Two Miles further than her right and title therein." With these exceptions Ann Richbell's en- tire right title and estate under the deeds and Patents of her husband John Richbell was conveyed to, and vested absolutely in. Colonel Caleb Heathcote.' The above reservation to Mott referred to a small piece of upland at the entrance to that portion of the East Neck, subsequently, and to this day, called "De Lancey's Neck," of about thirty acres deeded by Mrs. Richbell to Mary and James Mott on the 8 August 1684, which from Mott's heirs finally became vested in the late Giles Seaman after whose death it passed by sale to the late Isaac Hall, who sold it in his life- time to its present owner, who built upon the prem- ises the fine summer hotel now called, from his own name, the "Rushmore." The last and only other reservation in the above deed to Col. Heathcote related to some lands which Richbell and his wife in his lifetime had sold in small parcels which he called " Alottments or House Lotts." It will be recollected that Richljell'sobject was to estab- lish a quiet place for trade at Mamaroneck. In his application to the Dutch Director and Council for leave to purchase the Indian title and their ground- brief, above given, authorixing hiui so to do, mention is made of some persons who, with his ]>ermi8sion, would settle there with him, and for whom he made himself, and was held to be, responsible. These ap- pear to have been {)ersons from Oyster Bay on Long Island and Manussing Island in Rye, between which places a sort of ferry communication across the Sound then existed. Nothing rcnuiins to show whether the trade of Modiford Sharpe and Richbell was, or was not, profitable. If the latter, it could not have been BO very long, for the English conquest of New Netherland in 1('>64, three years after Richbell's pur- chase of Mamaroneck, jiut an end to its advantages for a contraband business. Aft^erhis controversy with Pell was terminated in 1671 as shown above, Rich- ■ Thla diiml wu soknuwlpilK)"! by Ann Kichlioll Miirih 2'i' IliliT Imruie "Josrpb TliealJiiatice" a'lil waa recorded iii Lib. B, uf Weit. Co, Reu- ordi ; p3Tl Ac .rune ISt^ 1608. bell did little or nothing practically towards settling Mamaroneck. His English Patent was issued October 16, 1668. A few months later he apparently set apart a strip adjoining the north side of the old Westches- ter path or road from the crossing of Mamaroneck river down to and along the shore of the harbour west- ward for what he termed, " Alottments or House Lotts '' eight in number. The first deed from him- self and wife was, it is believed, made to one John Bassett on the 4th of March 1669, for number "four" of these "House Lotts." It was a deed of gift, the consideration being " the Good opinion and Good affection we beare to Mr. John Bassett." It was bounded east by No. three, and west " with my own house lot named No. five." It reserved a rent of "one bushel of winter wheat payable annually on the 25th of March," and " one day's work each yearly harvest;" and prohibited any sale of the land "but by and with the consent and approbation of the said John Richbell or Ann his wife." Of the other six " House Lotts" those which were sold were conveyed in a similar manner and with similar reservations, except that the consideration was in monev. To each " House Lott " was appurtenaut an undivided eighth part of a tract in the rear of the " House Lotts," which, with, and including, the latter, extended two miles " northwards into the woods." * Later with the consent of his grantees he had a survey made of this tract, by Robert Ryder the Surveyor-General of the Province. The original is in the writer's possession, and is in these words : THE FIR8T 8UUVEY OF MAMARONECK. "These may certifie all whom it may conserne y' by a mutual I'onsent agreed on betweene Mr. John Richbell & the inhabitants of Momoronacke I have runn out a certaine tract of Land w"*" is in partner- ship betweene the said Inhabitants and the said Mr. Jo." Richbell, beginning at Momaronacke [River] running thence southwesterly fifty degrees along the barber ninety and two chains : to a certaine runn or Swamp called Dirty Swamp : running thence to the Halls of Sheldrake River including the said ffalls within the said line : N. W. 20 degrees: forty and five chaine: running thence upon a N. W.ly [line] 45 degrees to a certaine Bocky hill being upon the Southermost pt. of the greate pl.iine, one hundred twenty and two chaines: running thence by pt. of the edge of the plaine & threw the woods to Momor- ronacke River one hundred twenty & seaven chainea : ffrom thence running by the side of the River to the Going over of the said River: one hundred & sixty chaines. &in testimony hereof I have hereunto sett my hand this 16'" ffeb : 1678. Ro. Ryder Surueye' : " ' > These detalla are taken from a copy of the deeThU aurvey waa lubaciiuently on the II''' of Auguat, 1687, recorded In Weat'. Co Lib A, 149. THE ORIGIN AND HISTORY OF THE MANORS. 149 Richbell's Patent of 1668 ran according to its terms North Northwest twenty miles into the woods, its eastern boundary being the Colony line fixed Decem- ber Ist 1664 by Governor Nichols, and Commission- ers Cartwright and Mavericke on the part of the Duke of York and Gov. Winthrop Secretary Allyn, and Messrs. Richards, and Gold, on the part of Con- necticut. That line these Commissioners thus offi- cially describe in their formal treaty between the two Colonies ; — " We order and declare thai the creeke or river called Mamoroneck which is reputed to be about thirteen miles to the east of Westchester, and a line drawn from the east point or side where the fresh water falls into the Salt at Highwater-Mark North Northwest to the line of the Maasachusetts to be the western bounds of the said Colony of Connec- ticut." This line remained unchanged till 1683, nineteen years later, when the boundary was fixed at the mouth of Byram River as its starting point. Con- sequently the direction of the lines of Richbell's Patent being the same as that of the Colony line of 1664,they could not be legally set aside or suc- cessfully disputed in a Court of law. But certain " Ryemen " being of Connecticut origin did make a claim to Richbell's lands in the Whiteplains, as belong- ing to them by virtue of a deed from an Indian named Shapham, and several other Indians to " the Town of Rye " dated 22d Novemb. 1683 — twenty-two years after Richbell's purchase of the lands in September 16G1. But this deed was not obtained, nor the claim under it made by the "Ryemen," until Richbell was about to dispose of his lands in Whiteplains. What a perfect " Yankee trick " this claim was is shown by the fact that it describes the Whiteplains as being "within 'the town bounds of Rye," when six days after its date the then pending public negotiations fixed the boundary line at Byram River, and Rye ceased to be a part of Connecticut, as she claimed to be and from which she got her " town bounds." It was obtained in a hurry ho as to base on it a claim for the land as a part of Connecticut. Smart as it was, it proved, in the end a complete failure. The claim of the " Rye Men " was simply a claim under the charter of Connecticut, which they insisted took in every part of Westchester County across to the Hudson River. Richbell at once brought the matter before Governor Dongan by the following complaint and petition for redress : richbell's I'KTITION AOAI.VHT THK CLAIM OF RYE- MEN TO WHITEPLAINH. To the Right bono:'"" Coll Tho Dongan Leiv' Govern' and vice admirall under his Roy" high" of N. Yorke and Dependences in America &c. And to the hono'''° Councell. The humble Peticon of John Richbell of Momoro- neck Oentl. Humbly Sheweth That whereas your Petition' hath been for Severall years Possessed and Knjoyed of a Certain Tract or Parcell of Land within this Governm' upon the maine. Contained with a small River Commonly called Momoroneck River being also the East bounds or Limitts of this Governm' upon the maine, and the Westermost with the grav- elly or Stony brooke, or river which makes the East limitts of the Land knowne by the name of W"* Pell's Purchase haveing to the south the sound and runing northward from the marked Trees upon the said Neck's twenty miles into the woods the which said Parcell or Tract of Land hath been heretofore Lawfully purchased of the Indian Proprietors by the said John Richbell Gentl and his Right and Title thereunto Sufficiently Proved as f* his Pattent from Governour Lovelace bareing Date the IG"" of October in the 20"" yeare of his Ma' Reigne Anno Dom 1668. Relation being thereunto had will more fully & at large appeare. Butt now soe it is may it please your bono' and the hono''" Councell haveing a Desire to dispose of some Quantity of said Land which is Called the Whiteplaines and is men^oned within said Pattent to Severall Persons whose names ' are Sub- scribed to a writeing hereunto annexed for the better Improvem'. And manureing the same & to Settle thereon with themselves and familyes is wholly Ob- structed and hind'' by Ryemen haveing made a greate Disturbanceamongst them and Pretends a right to the Same therefore Cannot dispose of any part or p'cell thereof till your bono' will be pleased to grant an Order to Cleare the Same. Therefore humbly pray and beseech your bono' and the bono'"'" Councell that you will bee.pleased to take the Premises into your serious consideration and grant an order to Cleare the same Accordingly Desire- ing only the privlidges as fiirr as his Pattent doth Extend. And shall pray &c John Richbell. This petition came up Cor hearing before the Gov- ernor on the 17"" of March 1684, and the people of Rye were summoned to show cause at the next Court of Assize why John Richbell was not the true owner of the lands in question. But before the next Court sat, Richbell passed from earth, his death occurring on the 26th day of July 1()84. He left his widow Ann and three daughters, Elizabeth, second wife of Adam Mott, of Hempstead, Mai-y, the wife of Capt. Jumes Mott and Anne, the wife of John Emerson, of Maryland, his only children him surviving. The Rye claim however did not die, but remained a source of annoyance to his widow. In 1694 the mat- ter came to a head. Mrs. Richbell served the follow- ing Protest upon the Rye jjcople at a town meeting, imd subse<|uently began a suit at law to test the (jue-tion. I'ROTEST OF MR8. RICHBELL AGAINST RYE.' "To all Xt'" People to whome this present Proteflt 1 These ntiniefl tin not ai)iM*Ar upon tbu rucurd nt Albany. < Fnnii tli« i>rl in tliu writor'i iwMeMtnu. It li recordtd In Lib, A Went. r Joliitnro. 2So in the original. a Tim ('i)uuly RonUlcr, anil al«o Clerk of the C!onrt. *T1ki iirigiMiil briilgi', which was nonip dinlanco north of the preaent liriilgii, llie loi'iitiuii of which wan onlyniaile In IWKI, liy the Woitcheater Ttirnpikc (.'onipany luuliT their charter of that year. THE ORIGIN AND HISTORY OF THE MANORS. 161 day, had it given the exact location of the premises for which the suit was brought. It is believed to have been the land of one Hunt, son-in-law of Under- hill, who lived above and adjoining him on the upper part of Mamaroneck River; but this is only a sur- mise. This decision finally established the east boundary of Richbells Patent and settled the legal aa well as ac- tual direction of both the east and the west bouudary lines of that Patent. In the next century two con- troversies arose regarding the location of the dividing line between the east and the Middle Necks of Richbell's Patent, one in 1731 and the other in 17(58, both of which were decided in favor of the Proprietors of the Manor of Scarsdale, which included the East Neck, the particulars of which belong more appropri- ately to the history of Mamaroneck as a town under the Act of 1788. We now turn to Colonel Heathcote's title to the part of the Manor which he obtained directly from the Indians. This was the portion between Hutch- inson's River and the Bronx, bordering to the south on the Eastchester Patent, now a part of the town of Scarsdale, a tract which in the Colony days bore, and to a certain extent still bears, the local name of " The Fox Meadows." It is thus described in the Indian deed from Patthunke, Beopo, Cohawney, and Wapetuck to Colonel Heathcote, " To begin on the west side at southermost end of a ridge known by the name of Richbell's or Horse- Ridge at a great Rock and 80 to run a north-northwest line to Broncks's River, and on the eastermost side from Mamaroneck River, and from the head thereof to Broncks's River." ' Nearly a year later, another deed was executed to Colonel Heathcote by three of the above named In- dians, Pathunke, Wapetuck, and Bcopo, for that part of the land lying between the above tract and the Eastchester Patent line in which it is thus described, " butted and bounded as followeth Eastwardly by the marked trees or westermost bounds of a certain tract of Land sold by the said Beopo Patthunke Wapetuck & Cohawney to the said Heathcote bearing date the thirtieth day of March one thousand seven hundred and one, northwardly by Bronxe's River Southwardly and Westwardly by Henry' Fowler's purchase and others." '■' Thirty years afterward, in the tirst of the two suits above alluded to instituted by the then propri- etors of the Manor of Scarsdale against one Quimby for trespass, Henry Fowler gave the following account of the circumstances of this purchase of Colonel Heath- cote, in the form of an attidavit ; — " Memorandum that on y" Sixth day of May 1731 in the fourth year of his Majesties Keigu Annoq. Doni. 1731, Henery fVowler Sen' of Eastchester in y' County of West- chester and Collony of New York, yeoman, of full age Being sworne on ye Holly Evangelist of Almighty > Froiii the original ilt't-il iloteil M Murrh ITflO-1. >0riglual dooil Id the writnr'a paawnlun rtntvil 24 Feb. 1701-3. God, Saith ; — that about the time Coll. Caleb Heath- cot was lying out the purchase which is commonly called the fox meadow i)urcha8e. Coll. Heathcott Desired said Henery Fowler, this Deponent, to show him said Coll. Heathcott the bounds of the Indian purchase, that the said Henery (fowler this Deponent had purchased of the Indians Ann Hook, Woupa- topas, &c. for himself and others his neighbours • this Deponent further saith that Coll. Heathcott fur- ther said to him, I have purchased a tract of Land of the Heathen Joyning to your bounds ; this Deponent further saith that he went along with Coll. Heathcott and showed him his bounds of the land he had pur- chased of the Heathens for himself and neighbours, which was from the Head of Hutchinsons River a straight course to Brunksis River to a marked tree, which Coll. Heathcott acknowledged to be his Bounds of his Indian Purchase, and this Deponent further Saith that he hath no claim to any parts of the lands in y' Indian purchase or lands therein contained which the said Henery (fowler purchased for himself and neighbours adjoining to Coll. Heathcotts; and that he Doth not now Declare this truth either in hopes of loss or gain, or through any fear, or in hopes of gaining any favour or affection of any person what- soever, and further this Deponent saith not. Henery (fowler. This Deponent being about Seventy four years of age was sworn before me ye date aforesaid. Sworn before me one of his ' Majesties Justices of the peace for Westchester County. John Ward, Justice." In 1696, the year before Colonel Heathcote pur- chased from her the Mamaroneck lands, he obtained from Mrs. Richbell her written consent to his getting the usual deeds of Confirmation* from the then Indians of the neighborhood for the lands formerly bought from Wappaquewani and other Indians by her hus- band John Riehbell. The above deeds seem also to have been obtained to remove any possible claim to the Fox meadows from any parties whatever whether In- dians or whites. He also obtained on the eleventh of June !7 It and Schenectady were the only " Borough-Towni " erect«d In the PrDvince of New York. Both were perfect example* of the old Engtllah Bnrough-Tuwni In every reapect. * Penoyer wa* really thia name. > Ancient copy In the wrtter'a poaeeaalon- Reo. Lib. C, Weat. Co., p. 52. 4 Lib. A, 33, Weat. Co. Bee.. >The length was north aud aouth, and the breadth eaat and weat. :V.: S: •n: y ;:;..',. Rcproducad from the Engraving from the Original Painting in poisession of the Rt. Rev. W. H. De Lancey, Bishop of Western New Yorli, THE ORIGIN AND HISTORY OF THE MANORS. 153 Customn for the Pvaatem District of North America,' Jud^e of the Court of Admiralty for the Provinces of New York and New Jersey and Connecticut, one of His Miyesty's Council for the Province of New York, and brother of Sir Gilbert Heathcote of London. " He was a gentleman of rare qualities, excellent temper, and virtuous life and conversation, and his loss lamented by all that knew him, which on the day of his death, went about doing good in procuring a charitable subscription in which he made great progress." He was buried in his " family burial- place " in Trinity church yard, where his widow and three of his children who died young are also buried. His grave was in the church yard, almost beneath the southwest window of the second Trinity Church.' His widow Martha survived him till August 18th, 1731), when she died, and was buried in the same place the evening of the next day.' 8he was the daughter of Colonel William Smith, of St. George's Manor, Long Island, Chief Justice and President of the Council of New York. He had previously been Governor of Tangiers, in Africa, while it was an appanage of the British crown, where his daughter, Martha Heathcote, was born on the 11th of September, 1681. Colonel Caleb Heathcote was the sixth son of Gil- bert Heathcote, Mayor of Chesterfield, Derbyshire, England, by his wife, Anne Chase Dickens. He was born ill his Father's house in that city, still standing, in l()(i.5. He was the sixth of seven sons who lived to maturity — Gilbert, John, Samuel, Josiah, William, Caleb and George. Of these, who all became suc- cessful merchants in England and foreign countries, three — John, William and George — died unmarried, the latter at sea in 1678, in his thirtieth year. Josiah's family line became extinct in August, 1811, while the families of Gilbert, Samuel and Caleb con- tinue 10 this day, but the latter only in the female line. Gilbert, the eldest, was Lord Mayor of Lon- don, Member of Parliament, one of the founders and the first Governor of the Bank of England, knighted by Queen Anne, and created a Baronet in 1732 by George II. His grandson of the same name was raised to the Peerage in 1856, as Baron Aveland, of Aveland, in the County of Lincoln, and his great grandson is the present Lord Great Chamberlain of England. Samuel, the third son, who made a large fortune at Dantzic, was the ancestor of the Heath- cotes, Baronets, of Hursley Park, in the County of Ham]>8hire ; his son William having been created a Baronet in 1733, and his great grandson was the late > The comnilwlun appointing liim to thia office in in the wrlter'a po«- session. It is an ouunnous i>arcliinent (Iwument datetl, 1715. 'This fact wa« told the writer by his Father, the Kt. Rev. William H. De I.ancey, who wa» told it and shown the place bv his father, John Poter De Ijaucey, of Mamaruneck, a gramlson of Colonel Heathcote. All •tonei were deetruyed when the First Trinity was hurned, Sept. 16, me. » AVw Tork OwutU, No. b64,af 23 Aug., 1736. Right Honorable Sir William Heathcote, Bart., of the k. 'vy Council, late Member of Parliament for the University of Oxford, the pupil and warm friend of the poet Keble, whom he preferred to the Rectorship of Hursley, which will ever be as famous as that of George Herbert at Bemerton, and father of Sir Wil- liam Heathcote, the sixth and present Baronet. Caleb, the sixth son, left six children — (tilbert and William and four daughters : Anne, Mary, Martha and Elizabeth. Three of these — William, Mary and Elizabeth — died young. Gilbert, while a youth of twenty, completing his education in England under the care of his Uncle Gilbert, took the small pox and died, and is buried in that city. Anne, the eldest daughter, married James de Lancey (born 1703, died 1760), eldest surviving son of Etienne — in Eng- lish Stephen — de Lancey, the first of that family in America, subsequently Chief Justice and Governor of the Province of New York, of whom the late Rt. Rev. William Heathcote de Lancey (born 1797, died 1865) was the eldest surviving grandson, and the father of the writer of this essay. Martha, the only other child of Colonel Caleb Heathcote, who came to ma- turity, married Lewis Johnston, of Perth Amboy, New Jersey, and left two sons — John L. and Heath- cote — and two daughters — Anne and Margaret. The line of Heathcote Johnston is now extinct, and that of John L., it is suid, is now extinct in the i .ales. Anne married William Burnet, sou of Governor Bur- net of New York, and grandson of the famous Bishop Burnet of King William's and Queen Anne's day, but this line is also extinct. Margaret, the other daugh- ter of Martha Heathcote Johnston, married Bowea Read, a prominent and distinguished public man of New Jersey, and her grandson was the late Rt. Rev, Charles P. .Mcllvaine, Bishop of Ohio, who has many descendants. The Father of Colonel Heathcote, Gilbert the Mayor of Chesterfield, was a Roundhead in the English Civil War, and served with credit in the Army of the Par- liament against King Charles the First. He died in 1690 and lies in the burial place of the Heathcoteson the north side of the altar rails, in the ancient Parish Church of Chesterfield, the cruciform church 600 years old, with the central twisted spire 230 feet high and 14 feet out of the perpendicular, yet per- fectly secure, which, like the LeaningTower of Pisa, is a puzzle whether it was or was not so erected origi- nally. Against the wall of the chancel arch is a very handsome mural monument in the ornamented style of the 16th century, erected jointly by all his sons to his memory bearing this inscription ; At the foot of this here lieth, in hopes of a blessed resurrection, the body of Gilbert Heathcote r ;, late of this town. Gentleman, who departed this life the 24'" April, 1690, in the 69"' year of his age. , 154 HISTORY OF WESTCHESTER COUNTY. . .;■, ■ By hii wife Ann, daughter of Mr George Dickenx of this tnwn ': hchadeii^iit o.i'and one <1uughter, viz. • : -' •' Qilberi, John,8aniup|, Elizabetli, Joxiah, William Caleb, George, and TIiomiiih ; of which Elizabeth and Thomas clied in their infancy; but he had the particular l)leHNing to Bee all the rest Mercliants adventurers, I' either in England or in loreigii parts. This was erected by his sons, as well to testify their gratitude, aa to perpetuate the Memory of the bent of fathers. Here also lieth interred the body of Ann, his said wife, who departed this life the 29th of November, 1705 in the 7(>th year of her age. The family was an ancient one, the first of whom there is authoritative mention having been a Master of the Mint under Richard II. The Arms were Ar- gent, three Pomeis, each charged with a cross or. And for Crest, on a wreath of the colours, a mural coronet azure surmounted with a Pomeis charged with a cross or, between two wings displayed, ermine. Motto: Habere et Dispertiri." Colonel Heathcote singularly enough was Mayor of the City of New York in 1711 to 1714 at the same time that his elder brotherGllbert was Lord Mayor of Lou- don. He was one of the strongest and most active Churchmen of his day. To him was the Church of England in New York and in Westchester County in- debted for its foundation and growth more than to any other one man. He formed an organization of a few churchmen in the City of New York termed the Managers of the Church of England in New York, of which he was the chairman. This was the body which took the earliest steps to establish an English Church in that city which event- ually became the well known " Parish of Trinity Church," subsequently the Mother Church of all the earlier churches in the city and to a large extent of those in the State of New York. Heathcote was the moving spirit and the active man in the whole move- ment, a fact which being fully admitted by them has drawn down upon him the ire of many writers of dissenting bodies of Christians. He also was the leading man in founding the parishes of Westchester East Chester, and Rye, in the County of Westchester to all of which he contributed his efforts and his means. His Manor of Scarsdiile and Mamaroneck formed one of the precincts of the Parish of Rye,' 1 On tho 2il of Doccmber, 1708, at the request of Gilbert and his brothers, tlieae armit were coiiflrnietl, with the change of the ahielil from argpnt to ermine, liy the llcnild's College of Kngland. ' See ante p. '.19 fur (he fartaof the establiahment of the Church of Kngland and it* parUbM in Weatchestvr County. of which he was elected by the inhabitants a warden and vestryman. And from it he and the Rector of Rye, the Rev. (George Muirson, went forth upon those Missionary tours which Hrst brought the knowledge of the Church of England into the then benighted Cohmy of Connecticut, of which he has left us reports so Aill that to them friends and foes have gone for the most authentic account of men and atl'airs at that day in that Colony. So strong was the opjKJsition and savage the threats, that he always went fully armed to defend both Muirson and himself In consequence of the death of all hiscnilui'^n ex- cept Ann, Mrs. 1738 Lewis Johnston and Martha his wife conveyed her undivid- ed half part of her Father's estate to Andrew John- ston a relative of her husband. And he by deed dated July 7"' 1788 reconveyed it to Lewis Johnston and his heirs in fee. This was for the easier manage- ment only. By James de Lancey and wife and Lewis Johnston jointly, were all the lands in the Manor sold and conveyed, or leased, up to the death of James de Lancey on the 30th of July 1760. He died intestate, and Mrs. de Lancey's share of the Manor thereupon reverted to her alone absolutely in fee. From that time to 1774 all deeds and leases ran jointly in the names of Anne de Lancey and Lewis John- ston, they holding the estate jointly in fee. During this period a great deal of the Manor was sold, both to tenants and strangers. The former were always given the first right to purchase their farms in fee, and no farm was ever sold to strangers except with the tenants' assent, notwithstanding the proprietors were not bound to do so. In 1773 Anne do Lancey and Lewis Johnston determined to have a partition of all the lands in the Manor that remained unsold, and proceedings to that end were begun under the act of the Provincial Legislature of 1762, for that purpose. But before they had gone very far Dr. Johnston died. The Pro- ceedings were therefore begun anew in the names of Anne de Lancey and the Heirs of Lewis John- ston. These Proceedings in Partition were instituted under " An Act for the more effectual collection of his Majesty's t^uit-rents in the Colony of New York and for the Partition of Lands in order thereto " passed the 8th of January 17G2, and of another amendatory Act passed the 30th of December 1768. The original Petition was in the name of Lewis Johnston ; after his death his children were substituted in hig p'ace. They were Heathcote Johnston, John Burnet, Anne Burnet, Bowes Reeth of April 1774. I'hilip I'eil, Jr, was appointed clerk. The ComnuHaionen* and clerk were xworn in by Judge Til >ma« Jones of the Supreme Court' who attended for the purpose, antl delivered to each a certificate of their appointment, signed l>y himself. The Commis- sioners ordered a notice that they would proceed to make the survey and jiurtition on the tith of June 1774, to be published, and also to be served on Alexander Golden, Surveyor-Heneral. This notice, with a full description of the lands, wax i)ubli8hed weekly for six weeks in Rivington's New York Gazetteer and Holt's New York Journal. (Jn the (ith of June 1774 the Com- missioners met at the house of William Sutton, on what is now De Lancey's Neck, accordingly. William Sut- ton was the leading man of his day (it Mamaroneck. He was one of the Commissioners, and had been the tenant of De Lancey's Neck for a great many years jire- viously and continued such to his death about the close of the Revolutionary war. He knew every one of note in the County, and was as thoroughly accpiainted with the Manor lands in general as he was with those he himself had in cultivation. Jacobus Bleecker waH a prominent resident and land holder of New Rochelle, and the grandfather of the late Anthony J. Bleecker, the well known Real Estate Auctioneer of New York. Philip Pell was of the old manorial family ot the Pells of Pelham, and Philip Pell, Jr., the clerk was his oldest son. All were persons thoroughly acquainted with the extent, situation, and value, of the Heathcote estate, and the Manor of Scarsdale. " Sutton's House " long the farm house of the Neck, stood near, and a little south west of, the new farm house built about 1844, by the late Mr. Thomas J. de Lancey, which is now a part of the house standing at the angle of Mamaroneck and liong Beach Avenues, re- cently bought of the James Miller estate by Mr. J. A. Bostwick. At the meeting at Sutton's on the <)th of June 1774, the clerk reported that he had served Surveyor-General Golden with notice on the 2nd of the preceding May. The Commissioners then ap- pointed Charles Webb, at that time and tor thirty years after, one of the best Surveyors of the Province and State, Surveyor to make the Survey under oath, which was duly administered to him, and also to Joseph Purdy and Gilbert Robinson as chain bearers and Doty Doughty as " flagg carrier," and then they adjourned to the next day, the 7"". when the survey was begun. It was carried on daily till near the middle of the following August, on the Kith of which month. Maps, Field books, and Journals of the Commissioners, were duly signed in triplicate, one copy of each of ■ Tlie author of Uis " Illitory of New Yurk ilurtng the Berolutlonary W»r." which wa« filed in the office of the Secretary of the Province, one in the clerk's office of Westchester County, and one retained by the owners. On the 25tb of August notice of the tiling, and appointing the 11th of October 1774 as the day of balloting for the lots as surveyed, was ordered an Harris Cruger to attt'nd the balloting as one of the ('ouncil of the Pro- vince was served. On the llth of October the Com- missioners and Cruger met in New York at Hull's Hotel, in Broadway, on the site of which now stand* the " Boreel Building," and the drawing took ])lace. The Survey and Map, a reduced copy of the latter of which is -annexed, divided all the unsold lands then, in 1774, remaining in the possession of Colonel Heath- cote's heirs, into three divisions, the North, the Mid- dle, and the South Divisions, designated by the number of the respective lots in each. The balloting was thus eft'ected, a boy blindfolded, one John Wallis by name, was appointed to draw the numbers of the lots, and the names of the parties to whom they fell. He drew the lots in the different divisions seriatim, beginning at the north division, taking out first a ticket with the number of the lot, and then one with the name of an owner. The latter tickets bore either the name of "Anne de Lancey," or the words "The Heirs of Lewis Johnston." After the whole was completed the proceedings were duly certified to in triplicate, by the Commissioners, and each copy duly approved by the signature of John Harris Cruger, as the Councillor of the Province, present. The Map gives the perimeter of the whole Manor, and those of some of its interior parts, besides the un- sold portions included in the partition, necessary to a right understanding of the latter. The portions left blank are those parts of the Manor which had previous- ly been sold by the Proprietors. It also shows the "Great Lotts" or the " Long Lotts " being those in the northern |)art of the township Tract which Colo- nel Heathcote and the other owners had so laid out in 1700, in the former's lifetime, and also theshort lots at their southern end, all of which took up the whole of that tract northward and beyond the home lots, to the township line. The latter are not shown. Colonel Heathcotehad in 1708, and in 171() long after his Manor- Grant, and at other later times, bought several parts and parcels of the original home lots as Richbell had laid them out, which in the course of time had been divided up by their owners. All these were either owned separately in 1774, by his heirs, or had bee» previously disposed of by them, the two extremely small ones fronting on the Westchester path or Bos- ton road being all that were in joint ownership at the date of the partition. The accompanying map being on so small a scale gives only a very general idea of the Manor, without showing the details on the original maps, which are all very large. From the respective owners who received their par- ticular lots under this final partition of the ^lanor 166 HISTORY OF WESTCHESTEH COUNTY. Lands of Hcarediile in fei', have those lands |>aiU)iHl to tlie great number of parliett now owning; and occupy- ing them, with, of cuurae, all the rights und privilege)) of all lands granted by the Crown of England prior to the 14th of October n7>>, and guaranteed and con- firmed by all the succotwivo couHtitutions of New York, both m an Independent Uoveroignty, and an one of the United States. The Topography of theManorof Scarsdalc is pecu- liar, the Bronx and the Hutchinson rivemtlow south- westerly from its northwestern part, the Mamaroneck river with its main atltuunt the Sheldrake, and its up- permost branches flows southeasterly into the Hound. It is well watered, hilly, and has singularly enough among the hills two or three extensive flat fertile plains. The valleys between the hillf are beautiful and some of them very deej). The country is well wooded and the " Suxton Forest," formerly 300 acres, though much reduced in size, is still one of the largest single ♦brc'its in the county. The drives are exceedingly fine, abounding with great and varied beauty. The soil is fertile and yiehls abundantly. In closing this chapter the writer regrets that space will not permit specific local details of the other Ma- nors in the county, its was the original intention, but having assented to the editor's ri'ijuest to permit a por- tion of the pages allotted him to be employed by oth- ers, it cannot be done. The manor grants for them arc therefore only given. MANOU OUANT OK I'Kl.HAM. Tuo.MAH DoNdAN, Captain (Icneral and Oovernor- in-chief in and over the province of New Yorke, and the territories depending thereon in America, under his most sacred Majesty, James the Second, by the grace of Ood Kinge of Etighmd, Scotland, France and Ireland, defender of the faith, &c., — to all to whom these presents shall come, sendeth greeting : Wherejuj, Richard Nicolls, l"*si|., late governor of this province, by his eertaino deed in writing, under his hand and scale, bearing date the sixth day of Octo- ber, in the eighteenth year of the reignc of our late sovereigne lord, Charles the Second, by the grace of God, of England, Scotland, France and Ireland, Kinge, defender of the faith, Ac, and in the yeare of our Lord God one thousand six h.undred sixty and six — did give, grant, confirme and rattefye, by virtue of the commission and authorityc unto him given by his (then) royal highness, James, Duke of Yorke, &c., (his now .Majesty,) upon wliome, by lawful grant and pattcnt from his (then) Majtisty, the projjriety and government of that part of the nuiine land, as well of Long Island and all the islands adjacent. Amongst other things was settled unto Thomas I'ell, of Onk- way, alias Fairfield, in his Majestye's colony of Con- necticut—gentleman — all that certaine tract of land upon the nutine lying and being to the eastward of Westchester bounds, liounded to the Westward with a river called by the Indians Atpniconounck, commonly known to the English by the name of Hutchinson's Uiver, which nuineth into the bay lyeing betweeno Throgmorton's Neck and Anno Ilooke's Neck, corn- only caled Ilutchingson's Hay, bounded on the ^lost by a brooks called Cedar Tree Brooke, or Gravelly Brooke ; on the south by the Sound, which lyeth be- tweeue Longe Island and the maine land, with all the islands in the Sound not before that time granted or dissposscd of, lyeing before that tract of land so bounded as is before expresst ; and northward to runne into the woods about eight English miles, the breadth to be the same as it is along by the Sound, together with all the lands, islands, soyles, woods, meadows, jiastures, nmrshes, lakes, waters, creeks, fishing, hawking, hunting and fowling, and all other protlitts, comniodityes and heridetamcnts to the said tract of land and islands belonging, with their and every of their appurtenances, and every j)art and parcel thereof; and that the said tract of land and premises should be forever thereafU'r held, deemed, reputed, taken and be an iutire infranchised towne- shipp, numner and ]>lace of itself, and should always, from time to time, ami at all times thereafter, have, hold and enjoy like and eipiall priviledges and immu- nities with any towne infranchised, place or manner within this government, &,c., shall in no manner of way be subordinate or belonging unto, have any de- pendance upon or in any wise, bounds or the rules under the direction of any riding, or towne or towne- shipps, place or jurisdiction either upon the maine or upon Longe Islatid — but should in all cases, things and matters be deemed, reputed, taken and held as an absolute, intire, infranchised towneshipp, mamer and place of itselfe in this government, and sho M.abe ruled, ordered and directed in all matters as to gov- ernment, accordingly, by the governour and Coun- cell, and General Court of Assizes — imly provided, always, that the inhabbitants in the said tract of land granted as aforesaid, should be oblidgod to send tfor- wards to the next towncs all publick pachipietts and letters, or hew and cryes coming to New Yorke or goeing from thence to any other of his Majcstie's col- lonys; to have and to hold the said tract of land and islands, with all and singular the appurtenances and premises, togaither with the privilidgi^s, imuneties, franchises, and advantages therein given and granted unto the said Thoma^i I'cll, to the proper use and be- hoofe of the said Thomas I'ell, his heirs and assigns for ever, (fully, li'rcely andclearely, in as large and ample nninncratid forme, and with such full and absolute im- nnityes and privelodgcs as before is expresst, as if ho had held the same immiidiately (from his Majesty the Kinge of England, cVic, and his suckcessors, as of the nutnner of East Greenwich, in the county of Kent, in free and common sockage and by fealtey, only yeald- cing, rendering and payeing yearely and every yeare unto his then royall highness, the Duke of Yorko and his heircs, or to such governour or governours us from time to time should by him be constituted and ap- poynted as an ucknowlcdgonient, on(^ bimbe on the THE ORIGIN AND HISTORY OF THE MANORS. 1&7 firat day of May, if the HameHhall be demanded as by tlie Huid deedv in writeing, and the entrey tht-roof in the bookuH of records in the aecretariu'H otfiee for the province uforeHaid, may more fully and ui lar^e ap- peare. And wherau, John Pell, gentleman, nephew of the Haid ThoniHH I'eil, to whom tiie landx, ishmdH and prcniiHeH, witli appurtenances, now liy tliu laxt will and testament of him, the said Tlionias Pell, given and bequeathed, now is in the actual, peaceable and quiett seazeing and posuesHion of all and Eingular the premises, and huth made his humble re<]ue8t to mee, the said Thomas Don^^an, that I wouhi, in the behalf of his sacred Majesty, his heirs and suckces- Bont, give and grant unto him, the said John Pell, a more full and iirme grunt and conlirmatioti of the above lands and premises, with the appurtenanccH, under the seale of this his Majcstie's province: Xow Know Yee, that f, the said Thomas Dongan, by virtue of the commission and authority unto me given by his said Majesty and power in me being and residing, in consideration of the resent8 do hereby grant, rattefie and confirme unto the said John Pell, his heirs and iis- signs for ever, all the before mentioned ami rented lands, islands and |>remises, with the heridatements and appurtenances, priveledges, imuneties, ti'ran- chises and advantages to the same belonging and a|>- pertuining, or in the said before mentioned deede in writing expresst, implyedor intended to be given and granted, and every part and |)arcell thereof, together with all that singular messuages, tenements, barnes, stables, orchards, gardens, lands, islands, meadows, inclosures, arable lands, pastures, feedeings, commons, woods, underwoods, soyles, (piarreys, mines, min- uerally, (royall mines only excepted,) waters, rivers, ponds, lakes, bunteing, haucking, fKsbing, ll'owleiiig, as alsoe all rents, services, wasts, straycs, royaltyes, liberties, priviledges, jurisdictions, rights, members and appurtenances, and all oilier iniunityeM, royaltyes, power of franchises, |)roritts, commodeties aiul here- datenients whatsoever to the premises, or any part or parcell thereof belonging or appertaining; and f\ir- ther, by vertue of the power and authority in mee being and residing, I doe hereby grant, rattefie and eontirine, and the tract of land, island and premises aforesaid are, by these presents, erected and consti- tuted to be one lordship and manner — and the same shall henceforth be called the lordshipp and manner of Pelhani; and I doe hereby give and grant unto the said John Pell, his lunrs anil asHigim ll\ill power and authority at all times hereat^cr, in the said lordshipp and manner of Pelham aforesaiil, one court le(>te and one court barron, to hold and keepe at such times so otten yearly as he and they shall see meete, rnd all sines, issues and amerciaments at the said court leete and court barron, to be liolden and kept in the man- ner and lurdHhip aforesaid, that are payable from time to time, shall happen to be due and payable by and from any the inhabitants of or within the said lord- shipp and manner of Pelham abovesaid ; and also all and every the powers and authorities herein bef.ire mentioned, for the holding and kecpeing of the said court leete and court barron, H'rom time to time, and to award and issue forth the costomary writtt to be issued and awarded out of the said court leete and court barron, and the same to beare test and to b(^ issuiHi out in the name of the said John Pell, hia heirs and aasignes, and the same court leete and court barron to be kept by the said John Pell, his heirs and assignes, or his or their steward, deputed or ap- poynted ; and I doe further hereby give and grant unto the said John Pell, his heirs and assignes, full power to distraine for all rents and other sums of money payable by reason of the premises, and all other lawful remedys and ineanes for the haveing, re- ceiving, levying and enjoying the said premises and every part thereof, and all waitbi, strayes, wrecks of the seiute, ntying therefore yearly and every year forever, unto his said Majestye, his heirfi and successors, or to such ollicer orollieers as shall from time to time be aji- pointed to receive the same — twenty shillings, good and lawful money of this province at the citty of New Vorke, on the five and twentytli day of the month of March, in lieu and stead of all rents, ser- vices and demands whi'.i«oever. In testimony whereof, I have signed these presents with my handwriting, caused the seale of the province to be thereunto affixed, and liav Alb. Book of l<>t. Mo. it. JM., (Xi. Km, |,||i. A,, aW. tfis HISTORY OF WESTCHESTER COUNTY. Faith, &c., to all to whom these presents shall come, eendeth greeting : Whereas, the Hon'ble Edmond An- dross, Esq., Seigneur of Sausmarez, lato governor of our province of New York, itc, by a certain deed or patent, sealed with the seal of our said province of New York, bearing date the 25th day of March, in the year of our Ijord 1(576, pursuant to thn commission and authority then in him residing, did confirm unto Col. Lewis Morris, of the Island of Burbadoes, a cer- tain plantation or tract of land laying or being upon the maine over against the town of Haerlem, com- monly called Bronckse's land, containing 250 margin or 800 acres of land, besides the meadow thereunto annexed or adjoining, butted and bounded as in the original Dutch gVound brief and patent of confirma- tion is set forth ; which said tract of land and meadow, having been by the said Col. Lewis Morris long pos- sessed and enjoyed, and having likewise thereon made good improvement, he, the said Edmond Andross, late governor of our said province, did further, by the said deed or patent, sealed with the seal of our said prov- ince, and bearing date as aforesaid, we grant and con- firm unto the said Col. Lewis Morris, for his further improvement, a certain quantity of land adjacent unto the said tract of laod — which land, with the addition, being bounded from his own house over against Haer- lem, running up Haerlem Hiver to Daniel Turner's land, and so along this said land northward to John Archer's line, and from thence stretching east to the land of John Richardson and Thonias Hunt, and thence along their lands southward to the Sound, even so along the Sound about southwest through Bronck's hill to the said Col. Lewis Morris' house — the additional land containing (according to the sur- vey thereof) the quantity of fourteen hundred and twenty acres, to have and to hold the afore-recited tract of land before possessed by him, and the addi- tional land within the limits and bounds aforesaid, to- gether with the woods and meadows, both salt and fresh waters and creeks, belonging to the said lands, unto the said Col. Lewis Morris, his heirs and assignees forever, under the yearly rent of four bushels of good winter wheat, as by the said deed or patent, registered in our secretary's office of our said province of New Y'ork, &c., — relation being thereunto had — may more fully and at large appear. And whereas, our loving subject, Lewis Morris, (nei)hew unto the said Col. Morris, lately deceased, his sole and only heir,) who is now, by right of descent and inheritance, peaceably and quietly seized and possessed of all the aforesaid tracts of land and premises within the limits and bounds aforesaid, hath, by his petition, presented untoourtrusty and well beloved Henj. Fletcher, our Captain General and (Tovernor-in-chief of our said province of New York and territories dependent thereon in America, Ac, prayed our grant and confirmation of all the afore-recitod tracts and parcels of land and prcm ises within the limits and bounds aforesaid ; and likewise that we would be graciously pleased to erect the said tracts and parcels of land, within the limits and bounds aforesaid, into a lordship or manor, by the name or title of the manor or lordship of Morrisania, in the county of Westchester ; and whereas, it is pub- licly manifest that the said Col. Lewis Morris, de- ceased, in his lifetime, and our said loving subject, his nephew and sole and only heir since his decease, have been at great charge and expense in the purchasing, settling and improving of the said tracts and parcels of land, whereon considerable buildings have likewise been mailn; and our said loving subject, being willing still to make further improvements thereon — which reasonable ret^uest, for his further encouragement, we being willing to grant; and know yee, thai, we, of our special grace, certain knowledge, and mere motion, we have given, granted, ratified and confirmed, and by these presents do for us, our heirs and successors give, grant, ratify and confirm unto the said Lewis Morris, his heirs and assignees, all the aforesaid tracts and parcels of land within the limits and bounds aforesaid, containing the quantity of one thousand, nine hundred and twenty acres of land, more or less, together with all and every the messuages, tenements, buildings, houses, out houses, barns, barracks, stables, mills, mill dams, mill howles, orchards, gardens, fences, pastures, fields, feedings, woods, underwoods, trees, timber, meadows, (fresh and salt) marshes, swamps and pools, ponds, waters, water courses, brooks, rivulets, baths, inlets, outlets, islands, necks of land and meadow, ])eiiinsulas of land and meadow, ferries, passage.'^, fishing, fowling, hunting and hawking, quarries, mines, minerals, (silver and gold mines ex- cepted,) and all the rights, liberties, privileges, juris- dictions, royalties, hereditaments, benefits, profits, advantages and appurtenances whatsoever to the afore-r^cited tracts, parcels and necks of land, and mill, within the limits and bounds aforesaid belonging, ad- joining, or in any way appertaining, or accepted, re- puted, taken, known or occupied, as pare, parcel or member thereof, to have or to hold all the aforesaid recited tracts and parcels of land within the limits and bounds aforesaid, containing the quantity of one thou- sand nine hundred and twenty acres of land, more or less, together with all and every the mctsuages, tene- ments, buildings, houses, out houses, barns, barracks, stables, mills, mill dams, mill houses, orchards, gar- dens, fences, pastures, fields, feedings, woods, under- woods, trees, timber, meadows, fresh and salt, marshes, swamps, pools, ponds, waters, water courses, brooks, rivers, rivulets, streams, creeks, coves, harbors, bridges, baths, strands, inlets, outlets, islands, necks of land and meadow, peninsulas, land and meadow, ferries, paHsages, fishing, fowling, hunting and hawk- ing, quarries, mines and minerals, (silver and gold mines excepted,) and all the rights liberties, ])rivih'gC8, jurisdictions, royalties, hereditaments, tolls, and bene- fits, profits, advantages, and appurtenances whatso- ever, to the afore recited tracts, |>arcels and necks of laud and mill within the limits and bounds aforesaid be- THE ORIGIN AND HISTORY OF THE MANORS. 159 longing, adjoining, or in any appertaining or accepted, reputed, taken, known unto him, the said Lewis Morris, his heirs and assinees, to the sole and only proper use benefit and behoof of him the said Lewis Morris, his heirs and assinees forever, and moreover, that if our further special grace, certain knowledge, and mear motion, we have brought it according to the reasonable request of our said loving subject to erect all the the aforerecited tracts and parcels of land and premises within limits and bounds aforesaid into a lordship and manor, and therefore, by these presents, we do, for us, our heirs and successors, erect, make and constitute all the afore-recited tracts and parcels of land within the limits and bounds afore- mentioned, together with all and every the above granted premises, with all and every of their appurte- nances, unto one lordship or manor, to all intents and purposes, and 'tis our royal will and pleasure, that the said lordship and manor shall from henceforth be called the lordshipor manor of Morrisania; and know yee, that we reposing especial trust and confidence in the loyalty, wisdom, justice, prudence, and cirrum- spection of our said loving subjects, do, for us, our heirs and successors, give and grant unto the said Lewis Morris and to the heirs and assignees of him the said Lewis Morris, full power and authority at all times forever hereafter, in the said lordship or manor, one court leet, and one court-barron, to hold and keep at such time and times, and so often yearly as he or they shall see meet, and all fines, issues and amerciaments, at the said court-leet and court barron, to be holden within the said lordship or manor, to be set, forfeited or employed, or payable or happening at any time to be payable by auy of the inhabitants of or in the said lordship or manor of Morrissania, or the limits and bounds whereof, and also all and every of the power and authority therein-before mentioned, for the hold- ing aud keeping the said court-leet and court barron from time to time, and to award and issue out the said accustomary writs, to be issued and awarded out of the said court-leet and court barron, to be kept by the heirs and assinees of the said Lewis Morris, forever, or their or any of their stewards deputed and ap- pointed with full and ample power and authority to distraine for the rents, serveses, and other sums of money, payable by virtue of the premises and all other lawful remedies and means, for the having, pos- sessing, recovering, levying and enjoying the prem- ises, and every part and parcel of the same, and all waifes, estrages, meeks, deadodaus, goods or felons, happening and being forfeited within the said lord- ship or manor <>f Morrissania, and all and every sum and sums of money to be paid as a post fine, upon any fine or fines to be levied, of any bounds, tone- uunts or hereditaments within the said lordship or manor of Morrissania, together with the advowson and right of patronage, and all and every the church and churches erected or established, or thereafter t" be erected or OBtablished within the said manor of Morrissania, and we do also give and grant unto the said Lewis Morris, his heirs and assinees, that all and each of the tenants of him the said Lewis Morris, within the said manor, may at all times hereafter, meet together and choose assesors, within the manor aforesaid, according to such rules, ways and methods, as are prescribed for cities, towns and counties within our province aforesaid, by the acts of general assem- bly for the defraying the public charge of each re- spective city, U)v/n and county aforesaid, and all such sums of money assesed or levied, to dispose of and collect for such uses as the acts of the general assem- bly shall establish and appoint, to have and to hold, possess, and enjoy, all and singular the said lordship or manor of Morrissania and premises, with all their and 3very of their appurtenances, unt«) the said Lewis Morris, his heirs and assinees forever, to be holden of us, our heirs and successors, in free and common socage, according to the tenure of our manor oi'East Greenwich, in our county of Kent, within our realm of England, yielding, iendering and paying therefor, yearly and every year, on the feast day of the Annun- ciation of our blessed virgin, unto us, our heirs and successors, at our city of New York, the annual rent of six shillings, in lieu and stead of all former rents, dues, services and demands whatsoever, for the said lordship and manor of Morrissania, and premises : in testimony whereof, we have caused the great seal of the said province to be affixed. Wituesse our trusty and well beloved Benjamin Fletcher, our capt. gen. and gov. in-chief of our province of New York, and the territories and tracts of land depending thereon, in America, and vice-admiral of the same, our lieu- tenant commander-in-chief of the militia and of all the forces by sea and land within our colony of Con- necticut, and of all the forts and places of strength within the same, in council at our fort in New York, the 8th day of May, in the ninth year of our reign. Anno Domini, 1(>!)7.' By command of his excellencey. Ben. .'''LETCHER. David Jamieson, Sec'y. MANOK-(iUAXT OF FOUDUAM. Francis Lovelace, Esq., one of the gentlemen of his Majestie's Hon'ble Privy Chamber, and Governor- General lAider his Royal Highness, James, Duke of York and Albany, and of all his territories in Amer- ica, to all to whom these i)re8ent8 shall come, sendeth greeting : Whereas, there is a certain parcel or tract of land within this government, upon tho main conti- nent, situate, lying and being to the eastward of Har- lem River, near unto ye passage commonly called S}>ifing Devil, upon which land ye new dorpor village is erected known by the name of Fordham — ye utmost > Lib. vil. of Patents, Albuv. 160 HISTORY OF WESTCHESTER COUNTY. limita of the whole tract or parcel of land beginning at the high wood land that lyes due northwest over against the first point of the main land to the east of the island Pepiriniman — there where the hill Monkiita is — and soe goesalongst the said kill, the said land striking from the high wood land before mentioned east southeast, till it co a to Bronk's, his kill ; soe westward up alongst ye main land to the place where Harlem Kill and Hudson River meet, and then forth alongst Harlem Kill to the first spring or fountain, keeping to the south of Orabb Island ; soe eastward alongst Daniel Turner's land, the high wood land, and ye land belonging to Thomas Hunt ; and then to Bronk's Kill afore mentioned, according to a survey lately made thereof by the surveyor-general — the which remains upon record ; all which said parcel or tract of land before described being part of the land granted in the grand patent to Hugh O'Neal, and Mary his wife, purchase was made thereof, by John Archer, from Elyaa Doughty, who was invested in their interest as of the Indian pr<>i>rietor, by my approba- tion, who all acknowledgt io have received satisfac- tion for the same : and the said John Archer having, at his own charge, and with good success, begun a township in a convenient place for the relief of strangers, ; i. being the road for passengers to go to and fro from the main, as well as for mutual intercourse with the neighboring colony, for all encouragement unto him, the said John Archer, in prosecution of the said design, as also for divers other good causes and con- siderations : know yee, that by virtue of ye commis- sion and authority unto me given by his royal liigh- ness, upon whom, by lawful grant and patent from his majestie, the propriety and government of that part of the main land, as well as Long Island, and all the islands adjacent, amongst other things, is settled, I have given, granted, ratified and confirmed, and by these presents do give, grant, ratify and confirm to ye afore mentioned John Archer, his heirs and assignees, all the said parcel or tract of land butted and bound- ed as aforesaid, together with all the lands, soyles, woods, meadows, pastures, marshes, lakes, waters, creeks, fishing, hawking, hunting and fowling, and all ye profits, commodityes, emmoluments and hereditii- ments to the said parcel or tract of land or premises belonging or in any wise appertaining, and of every part and parcel thereof ; and I doe likewise grant uuto ye said John Archer, his heirs and assignees, that the house wl i;h he shall erect, together with ye said par- cel or tract of land and premises, shall be forever hereafter held, claimed, reputed, and be an entire and enfranchised township, manor and place of itself, and shall always, from time to time, and at all times hereafter, have, hold and enjoy like and eciual privi- leges and immunities with any town enfranchised or manor within this government, and shall, in no manner of way, be subordinate or belonging unto, have any dependence upon, or in any wise be under the rule, order or direction of any riding, township, place or jurisdiction either upon the main or Long Island, but shall, in all cases, things and matters, be deemed, re- puted, taken and held as an absolute, entire, enfran- chised township, manor and place of itself in this government, as aforesaid, and shall be ruled, ordered and directed, in all matters as to government, by ye governor and his council, and ye general court of as- sizes, only always provided that the inhabitants of the said town, or any part of the land granted as aforesaid, shall be obliged to send forward to ye next town or plantation all public pacquetts and letters, or hue and cryes, comming to this place or going from it towards or to any of his majestie's colonies ; and I do further grant unto the said John Archer, his heirs and assignees, that when there shall be a sufficient number of inhabitants in the town of Fordham afore- mentioned/and the other parts of ye manor capable of maintaining a minister, and to carry on other public affairs ; that then the neighboring inhabitants between the two kills of Harlem and Bronk's be obliged to contribute towards the maintenance of their said minister and other necessary public charges that may happen to arise, and likewise that they be- long to the said town, according to the direction of the law, although their said farms and habitations be not included within this patent, to have and to hold ye said parcel and tracts of land, witii all and singular the appurtenances and premises, together with the privileges, immunities, franchises and advantages herein given and granted unto the said John Archer, his heirs and assignees, unto the proper use and be- hoof of him, the said John Archer, his heirs and as- signees forever, fully, truly and clearly, in as large and ample manner, and from and with such full and absolute immunities and privileges as is before ex- pressed, as if he held the same immediately from his majesty, the King of England, and his successors, as of the manor of East Greenwich, in the county of Kent, in free and common soccage and by fealty, only yealding, rendering and paying yearly and every year unto his royal highness, the Duke of York and his successors, or to such governor and governors as from time to time shall by him be constituted and appointed, as all acknowledgment and quit rent, twenty bushels of goofl peas, upon the first day of March, when it shall be demanded. Given under my hand, and sealed with the seal of the province at Fort James, in New York, on the island of Manhattan, this thir- teenth day of November, in the twenty-third year of the reign of our sovereign lord, Charles the Seccond, by the grace of God, of England, Scotland, France and Ireland, King, Defender of the Faith, and Anno Domini, 167L Francis Lovelace, manor-grant op philip8eborouoh. William and Mary, by the grace of God, &c,, king and queen of England, Scotland, France and Ireland^ yi.-^sn i % I ■ ; it ? ■» .- a 3 i T> ■^ J JCi o 'V I. n ' Si^M A PLAN Of THC MAffOR V PHILIPSBURG COUNTY OF WESTCtiESTER, IH rut STATC or NCWyORH aurvtyed agntmUt to the order and inttruefitns 9' Istiut/SUutenhury ^P.IiV.CorUanM. lUiioJaim Hitl tras. Yritk tht adflifion ong Island, unto the said Elias Doughty, his heirs anH as- signs forever, as by the said deed oi wiiting, relation being thereunto had, as may more fully and at large appear, anvcr, and thence by said river, four miles and something more, to a marked white oak trt'c upon the middle of a great ledge of rocks, which is the north-east corner of the laml of Francis French & Co., in the mile i«|uare formerly sold out of the aforesaid patent, then by the said land, •••■}nt, 35 (leg. northerly, 1 mile or 80 chains from thence east .'tri deg. southerly to UronxV river to a marked tree, which is the south-east corner of the mile stpmre, excepted out of the said patent, from thence by Bronx's, his river, K!) chains to a marked tree, which is the north-east corner of Wm. Betti* and (leorge Tippets, and then by a certain lyne of marked trees due west HO chains to the marked tree or south- east corner of the purchase of .Fohn Heddy, then due N. 34 chains, from thence due west by their purchase, 9I> chains to the north-west corner of the 3(Xl acres, then due south 10 chains to the north-west corner of the 20 acres purchiuted of John Heddy, thence and by the said land west 12 chains to the north-west cor- ner, then by the side of the kill, south IK chains to the land of Wm. Betts and tJeorgc Tippetls, from thence by a lyne of marked trees due west 79 chains, to a white oak tree standing on the bank of Hudson's river, to the south of Dog-wood brook IG chains and i and then northerly by the Hudson's river to Nep- perha, which is near the Yonkers mills, and so con- tinue by Hudson's river to the first mentioned small rivulet, Maceakassin, the whole being bounded to the north with a lyne of marke 12 June, 1683. THE ORIOIN AND HISTORY OF THE MANORS. 160e pear, bm likewise another tract or parcel of land on the eaat side of Hudson's river that was by said Krod- erick Philips purchaned of the Indians Uoharius, Co- bus, and Togijuanduck, on the 2:{dday of April, in the year of our Lord, HlHl, whi.h tract or parcel of land being situate on the east side of the North or Plud- son's river, beginning at the south side of a creek called Bissigktick, and so ranging along the said river northerly to the aforesaid land of the aforenaid Fred- erick Philips, and then alongst the f>aid land north- east and by east until it comes to and meets with the creek called Nippiorhn, if the said creek shnll fall within that lyne, otherwise to extend no further than the head of the creek or kill called Potanteeo, or Puegkanteko, and southerly alongst the said river Neppiorha if the same shall full within the suiil line as aforesaid, or else in u direct lyne from the head of the said creek or kill called Pocanteco Puegkandieo. untill it conies opposite to the said first mentioned creek called Bissightick, and from thence Wfstwardly to the head of the said creek and alongst the same to the North or Hudson's river, being the first station, as by the said writing or deed, relation being thereunto had, may more fully and at largi' appear, as also another certain tract or parcel of land on the east syde of the said Hudson's river that was by the said Frederick Philips purchased of the native Indians Armaghi|ueor, tieapham alias Thaphani, on the 8th day of April, in the year of our Lord 1()82, which certain tract or par- cel of land is situate, lying, and being on the ea>t side of the North or Hudson's river to the south of the lond formerly bought by the said Frederick Phil- ips, of the said Indians, beginning at the south side of a creek called liissightick, and so ranging along the said river southerly to a creek or fall called by the Indians Weghquegsik, and by the Christians Law- rences's plantation, and from the mouth of the said creek or fall upon a due east course to a creek culled by the Indians Nippiorha, and by the Christians the Youkers kill, and from thence ulongs - ederick Philips, I his heirs and assignees, that all and singular the j tenants of the said Frederick Philips, within the said , manor shall and may at all times hereafter meet to- \ gether and choose assessors within the manor afore- I said, according to such rules, ways and methods as are prescribed for the cities, towns and counties within our province aforesaid by the acts of General , Assembly, for the defraying the publick charge of I each respective city, town, and county aforesaid, and sncli sums of money so assessed or levied to collect and dispose of for such uses as the acts of General Assembly shall establish and appoint, to have and to hold, possess, collect and enjoy all and singular the I said lordship or manor of Philipsborough, together I with the aforesaid halls and ])remises, with all their and every of their appertinances, unto the said Fred- ' erick Philips, his heirs and assignees, to the only ' proper use, benefit, and behoof of him, the said Fred- ■ erick Philips, his heirs and assignees forever, reserv- ing unto us, our heirs and successors, free egress and ingress of all our and their forces, horse or foot, of our and their coaches, waggons, stores of war, ammu- nition, and exjiresses, that shall from time to time pass the said bridge for our or their service, or any thing contained to the contrary herein in any ways notwithstanding, to be holden of us, our heirs and i successors, in free and common soccage according to 1 the tenure of our manor of Fast Greenwich within ' our county of Kent in our realm of England, yeald- \ ing, rendering, and paying therefor, yearly and every year, on the feast day of the Annunciation of the Blessed Virgin Mary, at our fort at New York unto us, our heirs and successors, the annual rent of £4 12». current money of our said province in lieu and stead of all former rents, services, dues, dutiet;, and demands for the said lordship or manor of Philips- borough and premises. In testimony whereof we have caused the seal of our province of New York to be hereunto affixed. Witness Benjamin Fletcher our captain-general and governor-in-chief of our province of New York aforesaid, province of Pennsylvania and county of New Castle, and the territory and tracts of land depending thereon in America, at Fort William Henry, the 12th day of June, in the fifth year of our reign, and in the year of our Lord, 1693.' I Lib. vil. Sci-. of Stnte'ii nn>, .\lbany. lentswuii ^ ,r of Phil- >b.^. £L^ advowson ^y^