USA > New York > Westchester County > A history of the county of Westchester, from its first settlement to the present time > Part 15
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Done in the Fort Amsterdam in New Netherlands, this 26th of July, 1646, undersigned,
WILLIAM KIEFT.
153
COUNTY OF WESTCHESTER.
By order of the noble Lords, the Director General and the Council of New Netherlands.
CORNELIS VAN TIENHOVEN, Secretary.ª
Upon the death of Thomas Cornell, the neck became vested in his widow who conveyed the same to her eldest daughter, Sarah, the wife of Charles Bridges.
In the book of general entries at Albany, occurs the following order addressed to the schont, burgomeesters, and schepens of New York :
" Upon the complaint of Charles Bridges and Sarah his wife against William Newman and Thomas Senequam, an Indian, now in custody, you are hereby required to summon a court to meet to-morrow, to examine, hear and determine the matters in controversie between the said partyes, and to proceed therein according to equity and good conscience. Given under my hand at Fort James, in New York, the 24th of March, 1661."b
RICHARD NICOLLS.
The cause appears to have been decided in favor of Mr. Bridges and his wife, for on the 27th day of March, 1665, the constable of Westchester was required (by the Governor) "to de- liver unto Mr. Bridges and his wife, or their assignees, the goods that lye attached in your hands as of right belonging to them, for doing whereof this shall be your warrant. Given under my hand at Fort James in New York, &c."c Richard Nicolls.
In 1664, Thomas Pell of Onkway, Connecticut, laid claim to Cornell's neck.
Upon the 26th of October, 1664, " Charles Bridges and Sarah his wife entered a protest before and against all bargains, deeds, and sales of Thomas Pell of Onkway, or any from or under him, of or concerning a parcel of land situated on the East River, be- ginning from the kill of Bronx land, east south east, likewise alongst the river bounded almost half a Dutch mile, a copy of
& Alb. Rec. G. G. 206, also 351.
b Alb. Book of Gen. Entries, from 1664 to 1665, page 101.
c Alb. Book of Gen. Entries, page 102.
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HISTORY OF THE
the original grant whereof unto Thomas Coruell, father of the said Sarah Bridges they have also registered, until such time as the cause can be tried."a
The following particulars are taken from the assize records, in relation to a trial between the two parties, held on the 29th of September, 1€65.
Charles Bridges Plaintiffs.
and Sarah his wife, S
Thomas Pell, Defendant.
Names of Jurors. John Tucker, Foreman, William Wilkins, John Emans, Charles Morgan, John Forster, Joseph Bayley, Robert Terry.
" The attorney for the plaintiff's produced a copy of the heads of the trial at the court of sessions held in June last, at Hampstead, he likewise puts in a declaration alledging the defendant's unjust molestation of the plaintiff's in their possession of a certain parcel of land called Cornell's neck, lying and being near Westchester, which of right belongs unto them, &c.
To prove their title, a grant and patent from the Dutch governor, Kieft, to Thomas Cornell, deceased, father of Sarah, one of the plaintiff's, is produced and read in court, that upon the said grant, Thomas Cornell was in lawful possession of the said lands, and that he was at considerable charges in build- ing, manuring, and planting ye same, that after some years the said Thomas Cornell was driven off his said lands, by the barbarous violence of the Indians who burnt his house and goods, and destroyed his cattle, which was made ap- pcare by sufficient testimony. That widow Cornell's conveyance of the said neck of land to Sarah Bridges, one of the plaintiffs, and her sister, was like- wise given in, under which the plaintiff's claime. That the said widow Cornell was left sole executrix of the last will and testament of her husband, Thomas Cornell, deceased, and so had power to convey the premises ; this was allowed of, (although neither the will nor a copy thereof were produced,) there being no exceptions made against it. There was likewise an act from the late Dutch governor, Stuyvesant, produced, where he buyes the same lands of the Indians again, (though alledged to be bought long before,) and confirms it to Thomas Cornell, his heires and assigns.
Mr. Pell, the defendant, makes answer for himself, that he bought the land In question in the year 1654, of the natives, and paid them for it. IIe pleads his being a free denizen of England, and hath thereby liberty to purchase lands in any of his majesties dominions, within which compass this is. He alledges the fifth clause in the King's treaty, sent over hither to make for him, as de- claring this land to be within his majesties dominions, he saith the governor
· Alb. Rec. Gen. Entries. vol. i. p. 14.
155
COUNTY OF WESTCHESTER.
and council of Connecticut tooke notice of this land to be under their govern- ment,a and that they ordered magistratical power to be exercised at West- chester, and that he had license from them to purchase. He pleads that where there is no right there can be no dominion, so no patent could be granted by the Dutch, they having no right. Several testimonys were read to prove that ye Indians questioned Mr. Cornell's and other plantations there, about not paying for those lands, which was the occasion of their cutting them off and driving away the inhabitants, but the defendant hath paid a valuable consideration to the natives.
The attorney for the plaintiffs alledges ye articles of surrender, and the King's instructions, wherein any grant or conveyance from the Dutch is con- firmed, and plead the antiquity of Mr. Cornell's grant and possession, together with his great losse. After a full hearing of the case it was referred to the jury, who brought in their verdict for the plaintiff's, the defendant to pay costs and charges of suite, and sixpence damage."
Judgment was accordingly granted by the court, and the fol- lowing order issued.
" The court having heard the case in difference between the plaintiffs and defendant debated at large concerning their title to a certaine parcell of land, commonly called Cornell's neck, adjoining to Bronx land, near Westchester, and having also seen and perused their writings and evidences, it was com- mitted to a jury, who brought in their verdict for the plaintiffs, viz , that thee land in question doth of right belong to the plaintiffs, and that the defendant shall pay the costs and charges of suit, and sixpence damage. The court doth give their judgment accordingly, and do likewise order that the high sheriff or the under sheriff of ye north riding of Yorkshire, upon Long Island, do put the plaintiffs in possession of the said lands and premises, and all per- sons are required to forbear the giving the said plaintiffs, or their assigns, any molestation in their peaceable and quiet enjoyment thereof."b
In 1709 Col. Thomas Willett,c of Flushing, Long Island, con- veyed to his eldest son, William Willett, "all that certain parcel
a The legislature of Connecticut, (says the historian Trumbull,) determining to secure as far as possible the lands within the limits of their charter, authorized one Thomas Pell to purchase of the Indian proprietors all that tract between West- chester and Hudson's river, and the waters which made the Manhadoes an Island ; and resolved that it should be added to Westchester, 1663 .-- Trumbull's Hist. of Connecticut, 273.
b Alb. Assize Rec. p. 15.
c Col. Thomas Willett was the son of the Hon. Thomas Willett, first mayor of the city of New York, in 1665,
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of land contained within a neck, commonly called and known by the name of Cornell's neck, bounded on the west by a certain rivulet that runs to the black rock, and so into Bronx's river."a From William Willett, the neck passed to his brother Thomas Willett, who conveyed the same to his son William Willett. The latter was the father of Isaac Willett, Esq., high sheriff of this county in 173S.b Cornell's neck is now owned by the fami- lies of Ludlow, Clason, and Beach.
Prior to 1647 we have seen that " Vredeland," (Westchester) was settled under grants from the Dutch. But, about this period, a number of Puritans from Connecticut must have commenced a settlement, for, at a meeting of the New England commission- ers, and Governor Stuyvesant, on the 19th of September, 1650, the latter complained of the English encroachments upon West- chester, and asserted that the " West India Company of Amster- dam, had bought and paid for the lands in question, of the right proprietors, the native Americans, before any other nation either bought or pretended right thereunto; he also affirmed he had proof of the first Dutch purchase."c Under the apprehension that the English settlements might be connected with the claim of jurisdiction, it was determined (by the Dutch) to remonstrate against it. In 1654, it was resolved at a meeting of the director general and council, " that whereas a few English are beginning a settlement at a great distance from our outposts, on lands long bought and paid for near Treedlant, to send there an interdict, and the attorney general, Cornelis van Tienhoven, and forbid them to proceed, no further, but to abandon that spot, done at Fort Amstel, 5th November, 1654."'d
We have already seen that the principal intruder was Thomas Pell.e
This individual on the 14th of November, 1654, purchased a
a Co. Rec. lib. D. 38. From this family it obtained the name of Willett's neck.
b This individual married Isabella Morris, daughter of Lewis Morris, of Mor- risania.
e Dunlap's Hist. N. Y. vol. i. 95.
d Alb. Rec. vol. ix. 275.
· See trial between Thomas Pell and Charles Bridges, page 154.
157
COUNTY OF WESTCHESTER.
tract of land called " Westchester," of the sachem Ann-hock, alias Wampage, and other Indians.a
Upon the second of April, 1655, we find the following account of an interview between the Dutch officer Van Elslandt and the English intruders.
" Van Elslandt went to protest against those of Vreedlandt. Four armed men came to meet theni on the creek, asking what he willed ? He answered, he wished to land near the house. They told him he should not land. He rejoined, allow me to go ashore, I am cold; whereupon he sprang ashore, where he and Albert the Trumpeter were warned not to come a foot higher. The commander came up to us with a pistol in hand with eight or nine armed men, to whom he read the protest and handed it to him. He answered, I cannot understand Dutch, why did not the fiscal or sheriff send English ? when he sends English then I will answer. We expect the determination on the boundaries, the next vessel. Time will tell whether we shall be under Dutch government or the Parliament; until then we remain here under the state of England. Van Elslandt saw their houses and settle- ments, also the English arms hanging from a tree; they were carved on a board (plank.) Van Elslandt was left in a house on the shore well guarded with men."b
The continued encroachments of the English upon " Ooost- dorp," (East town,) "which they called Westchester,"c at last awakened the most vigorous opposition on the part of the Dutch authorities, for soon after Pell's purchase occurs the following resolution.
" The Director General and Council are informed by credita- ble witnesses that the English in the village which they eall Westchester, situated in Vreedlandt, about two miles from this city, not only encourage and shelter the fugitives from this pro-
a See Pelham, page 515. This grant embraced the present townships of New Ro- chelle, Pelham, Eastchester and Westchester.
৳ Alb. Rec. Hol. doc. ix. 261, 263, 4.
c Which appears from the letters of the Burgomeesters, dated 23d Nov. 1654, 16th April and 2d of May, 1655.
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HISTORY OF THE
vince, but, as plainly appears by a copy from a certain letter, that the high sheriff Lientenant Weyler kept in and about the time of our late dismal engagements with the savages, a constant corres- pondence with these barbarians.a Wherefore to promote the wel- fare of the country, and defend the rights of the Lords Patroons, against such usurpations, it was unanimously resolved by the Director General and Council to arrest as secretly and easily as it can be performed, said Englishmen or at least their leaders, to compel the remaining to remove from there with their property, and the execution of this expedition to be intrusted to the valiant Captain Frederick de Coninck, Captain Lieutenant Brian Naton, and with them the Attorney General, Cornelis Tienhoven, to ex- ecute his commission and apprehend the fugitives and thieves. Done in Fort Amsterdam, 6th of March, 1656.
Peter Stuyvesant. Nicassius de Siile. La Montagne. Cornelis van Tienhoven.b
In accordance with the above order, the valiant Captain Fre- derick de Coninck embarked in the ship Weigh-scales and pro- ceeded to Westchester, where he succeeded in arresting several of the English thieves. Upon their arrival in the city, the fol- lowing order appears in Council.
" With regard to the English prisoners, lately brought hither from Vreedlandt, from the village which they call Westchester, who remain yet in confinement in the ship the Weigh-scales, it is unanimously concluded and resolved, that all those who be- fore were on oath and allegiance of this government, and who therefore either for debts or other causes did run away, or against whom the attorney general supposes to have a just cause for indictment, these the aforesaid attorney general is anthorized to secure in close confinement, and prosecute them agreeably to law. The remainder who either from New England or from other
· The Sachems Pennekek and Oratang were very troublesome to the West- chester settlements in 1655 -Editor.
b Alb. Rec. vol. ii. p. 283.
159
COUNTY OF WESTCHESTER.
places have been lured and decoyed by Mr. Pell or any other person to settle within our limits, of which district this city had a grant, to keep them in a civil arrest, either in the court house or any proper and convenient place, till a further examination shall be instituted and our orders issued in conformity with these. Done in Council, in our fort at New Amsterdam, in New Nether- land, 14 March, 1656.
Peter Stuyvesant. Nicassius de Sille. La Montagne.a
On the 15th of March, 1656, the attorney general presented his demand to the Director General and Council as plaintiff in the case.
RESPECTFUL LORDS :
1
It is not only known to your Honors, but every one residing in this country, that since many years the district called Vreedlandt was cultivated and inhabited in letters patent granted by your Honors and their predecessors by the Dutch, under your government, till the period of the general war in 1643. Now it has happened that one Mr. Pell, residing at Onkeneg in New England, has dared against the rights and usages of Christian countries to pretend that he bought these lands of the natives, (which long since were purchased of them and paid by your Honors as evidently appears from the transfers in your records,) and actually made a beginning of settling and cul- tivating these lands, withont your Honors previous knowledge or consent, di- rectly contrary to the limits and decisions of 1650, concluded with the United Colonies of New England at Hartford,b against which usurpation your attor- ney general, in his quality and in the name of the Lords his masters, had in due form entered his protest, which the Lieutenant Wheeler, who there com- mands, not at all respecting, continues to remain there with his associates in planting and building, luring and accommodating our run-away inhabitants, vagrants and thieves, and others who for their bad conduct find there a refuge. As it has pleased your Honors in conformity to the instructions and letters of the Lords majors, and in preservation of the convention made at Hartford, to keep it inviolated, to send thither a body of armed men to secure said Wheel- er and his associates, who, as appears from their own declaration of the 14th
a Alb. Rec. vol. ii. 291.
b See negotiations between New England and Peter Stuyvesant concerning limits. Hazard's Hist. Coll. vol. ii. 156, 173, 549.
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of March had met there the Director General there present on the spot with an armed force, and declined to move from thence, saying that it was their land, on which said Englishmen were disarmed and twenty-three of them conducted as prisoners to the ship the Weigh-scales, leaving a few there to protect their wives, children and property. All which the attorney general demands that your Honors would send one or two of the oldest to Vreedlandt to inform the remainder of the English that they must leave that spot, taking with them all that they brought thither, under the penalty that if they acted otherwise, that then other measures shall be adopted according to law ; and further that the afore- said Lieutenant Wheeler and his associates shall not be set at liberty before they have paid all the expenses which your Honors have been compelled to, through their conduct and disobedience, in that expedition in going thither with an armed force in boats. Besides this they shall sign an act and pro- mise under oath that they never more will inhabit any of the lands of our Lords and principals situated in Vreedlandt, now lately by them called West- chester, or any other lands within the limits finally concluded at Hartford, neither settle, or build, or plant, or sow, or mow there, without a special order and consent of your Honors, under the penalty if they acted contrary to it of corporal punishment, as the case might require, &c.a
The council sustained this demand of the attorney general (as plaintiff,) the same day.
Upon the 16th of March, 1656, Lient. Thomas Wheeler and his English associates at Vreedlandt, voluntarily submitted them- selves to the government of the New Netherlands. Their names were as follows :
Thomas N. Newman,
Thomas Wheeler,
Robert Basset,
Isaac Holbert,
John Cloes,
Robert Rocs,
Sherrood Damis,
James Bill,
William H. Fenfall,
John S. Genner,
Richard C. Meares, Richard Osbort,
Samuel Harelt,
William Ward .-
The following prisoners were released on the 25th of March, 1656, Captain R. Ponton, William Elet Black, merchant, John Gray and Roger Wheeler.b They were " commanded to depart the limits of the New Netherlands, except some of the inhabi-
a Alb. Rec. vol. ii. 301.
b Arrested for taking up arms at Vreedland.
161
COUNTY OF WESTCHESTER.
tants of Vreedlant would adopt them and become bail for their good behaviour." " In 1656 the inhabitants of Westchester dispatched five of their number, viz., Lieut. 'Thomas Wheeler, Thomas Newman, John Lord, Jonalı Wilbert, William Ward and Nicolas Hurler, to the governor and council that they might confirm and establish them, and praying that they may in future appoint their civil officers."a
Having effected a settlement of the difficulties at " Oost-dorp," we find the director and his council ordering a supply of arms and ammunition for its protection.
" Being presented to the Hon'ble Director General and Council in New Netherland, a report of Brian Norton, captain lieut., Cornelis van Ruyven, secretary, and Carel van Brugge, commissary, appointed to go to Oost-dorp, the director general and council did approve it, upon which they resolved that they would send by the first opportunity to the magistrates of Oost-dorp the following ammunitions of war, to be preserved there for the use of the afore- said village, and to be employed when necessity might require it, viz. :
12 muskets, 12 lb. of lead,
12 lb. of powder, 2 bundles of matches.
And further, a writing book for the magistrates. N. N., 3d June, 1657.
Done in Fort Amsterdam,
PETER STUYVESANT,
NICASSIUS DE SILLE, PETER TONNEMAN."b
Upon the 28th of June, 1660, Governor Stuyvesant addressed the following letter to the inhabitants of Oost-dorp, (East- town.)
LOVING FRIENDS :
Out of your nomination presented unto us we have made choice, as you may know by these presents, of
Josiah Gilbert, Nicolas Bayley, Thomas Wall.
The which we, for the year following, do confirm and establish for magistrates of the towne called East town, requiring all and every one whom these may
a Alb. Rec. p. 318.
b Alb. Rec. vol. xv. 8.
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concerne, to esteem them as our elected and confirmed magistrates for the said town. So, after my respects, I rest
Your loving friend and governor,
P. STUYVESANT.ª
Amsterdam, N. N., 28th June, 1660.
In 1662, Governor Stuyvesant granted to the English towns the right to nominate their own magistrates, and to have their own courts, "but in dark and dubious matters, especially in witchcraft, the party aggrieved might appeal to the governor and council."b
Upon the nomination of town officers, the same year, the in- habitants addressed the governor as follows :
Right Hon'ble Lord Governor of the New Netherlands, Lord Stevensone : We, the inhabitants of the towne, do heare present our choice unto your honor, for the establishing of magistrates for the ensuing yeare ; these may give your honor for to understand what the towne choyce is, as followeth, namely :
William Betts, Robert Huestis, John Quimbe,
Edward Waters, Nicolas Bayley, Thomas Vaille.
East Towne, Feb. 11, 1662.c
About this period Connecticut claimed Westchester as lying within her jurisdiction ;d in support of which she issued the fol- lowing orders.
At a court of general assembly, held at Hartford October 9th, 1662: "This assembly doth hereby declare and inform the in- habitants of Westchester, that the plantation is included in ye bounds of our charter, granted to this colony of Connecticut."e
To the Inhabitants of Westchester.
Hartford, this 13th Oct. 1662. You are required in his majesties name to appear (or by your deputies,) at
a Alb. Rec. vol. xxiv. 38.
b Alb. Rec. vol. xxi. 233-8
c Alb. Rec. vol. xx. 51.
d July 10, 1663. Connecticut now laid claim to Westchester, (says Trumbull,) and sent one of her magistrates to bend the inhabitants to the choice of their offi - cers, and to administer the proper oaths to such as they might elect .- Trumbull's Hist. of Conn. 268.
Hartford Rec. Boundary Letters, vol. ii. 168.
163
COUNTY OF WESTCHESTER.
Hartford, the second Thursday in May next, to attend your duty according to his majesties grants, by letters patent hereof. You may not fail at your peril. JOHN MASON, Deputy Governor.
To the Inhabitants of Westchester.
[Connecticut seal.] 25th of Oct. 1662.
Mr. Gold, Mr. Clark, chairman, Mr. Campfield, and Jehu Burr are hereby appointed to keep a court at Fairfield, when they see cause for the issuing and determining such causes and cases as shall then be presented, Clerk Stamford, Clerk Greenwich, and Westchester, have hereby liberty to take the benefit of the court of Fairfield, as shall be in controversy amongst them for the future.
This is a true copy of the order of the Hon. Genl. Assembly held at Hartford the 9th of Oct. last past, under the seal of the colony, and under the hand of DANIEL CLARK, Clerk,
Transcribed for me, Will Hill, Clerk of the courts to be held at Fairfield. Copia scriptum per me,
RICHARD MILLS.
The absolute seal came not to the inhabitants of Westchester, only the sign as above, with the word seal above it. RICHARD MILLS.&
Another letter from Hartford, entitled an order of the general assembly at Hartford about Oost dorp.
"This assembly doth hereby declare and inform the inhabitants of West- chester that that plantation is included within the bounds of the charter granted to the colony of Connecticut, and as it late pleased his majesty, our gracious sovereign lord, Charles II., thus to dispose of them, we cannot but declare, that we conceive it most conducible to their tranquility and future peace, that they do demean themselves in all things as may declare and manifest their rea- diness to subject to his royal will and pleasure herein.
The next assembly is appointed and ordered to be held at Hartford on the second Thursday in May next.
Copia scriptum per me,
RICHARD MILLS.
« Alb. Rec. vol. xxi- 99.
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Extracted from the records of the colony court at Connecticut, and certi- fied with the seal of the said court per DANIEL CLARK, Secretary.
The signal of the seal above is come to the inhabitants of Westchester, abso- lute made in red wax, the motto I sup- pose to be the arborated craggy wilder- ness and the flying cloudes.
RICHARD MILLS.
In this dilemma, we find the inhabitants of Westchester ad- dressing Governor Stuyvesant in a letter which they sent by their two magistrates, William Betts and Edward Waters.
Westchester, the 30th of April, 1663.
HON. LORD STEVENSON,
We humbly beseech you to understand, that wee the inhabitants of this place, have not plotted nor conspired against your Honour. The original of the writing here enclosed, were not in any measure, sought for by us, but were by the said court sent unto us when we expected them not. How to re- sist them we know not, they being as you see, in his majesties name of En- gland. This was a reason why we choose not magistrates at present as formerly, and that wee hope that your honour will be herewith satisfied. Your honour's loving friend, Richard Mills, in the name and by the appointment of the inhabitants of Westchester."
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