USA > New York > Westchester County > A history of the county of Westchester, from its first settlement to the present time > Part 16
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Governor Stuyvesant having ascertained, that the inhabitants of Westchester were about to send two delegates to Hartford, de- spatched the Sheriff Waldron with this letter.
LOVING FRIENDS,
We were much wondered, that you according to order and your duty, have not presented unto us your nomination of your new magistrates for this present year, being now four months past that this thing should be done, the reason wherefore being unknown to us, we have purposely sent and ordered the bearer, Resolve Waldron our substitute sheriff, (schout) for to inquire after the grounds and reasons thereof, which you are to give unto him in
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COUNTY OF WESTCHESTER,
writing, and send either your present magistrates to give us more fully infor- mation. So after our love, I shall rest,
Done in Fort Amsterdam, N. Netherland,
9 May, 1663.
Your loving friend and Governor, inscribed, P. STUYVESANT.ª
The same day Sheriff Waldron conducted the two magistrates, William Betts and Edward Waters, to Governor Stuyvesant, " who were asked, why they neglected to present to the Director General and Council in conformity to custom and orders, a new nomination of magistrates ? Their answer was, that they in due time, when the nomination ought to have been made, called the inhabitants together, and requested them to nominate new ma- gistrates for the ensuing year, who declined to do so at two different times, because they had been summoned by those of Hart- ford in Connecticut colony, as clearly appears by the following English documentsb conveyed to them for this purpose, by the aforesaid colony, with the declaration of the aforesaid village, in the form of a letter to the Director General. Being further ques- tioned why they did not communicate the aforesaid orders and letters of Connecticut colony, so as they ought to have done, and as other English villages actually did at the past instance, now more than half a year past, and now above it, had actually de novo, appointed two of their village to go and assist in the aforesaid order, on the stated day, at Hartford. They answer in the first, that they as magistrates, solicited an order to present to us the nomination, but that they could not obtain it while it was refused by me, Mr. Richard Mills who had it in his pos- session, or by an order of the people of that village, or in his own authority unknown to them. At last, they acknowledged and declared, that they through ignorance to maintain the peace and tranquility in said village, had committed a fault, and soli- cited with submission and prayed, to be excused for the present time. The director general and council having heard the sub- mission and confession of guilt of the aforesaid persons, together
a Alb. Rec. vol. xxi. 80.
b Sce preceding documents.
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HISTORY OF THE
with the promises made by them, to dispose if possible, the in- habitants to make a new nomination of magistrates, and due obedience, resolved to let them return for the present time, and the following letter to the inhabitants was delivered to them.
Done at Fort Amsterdam in New Netherland,
12th May, 1663.ª
The letter delivered to the magistrates by Governor Stuy- vesant.
" Whereas, wee by the bearers, your present magistrates were informed, which in part your letters (subscribed by one Richard Mills) doe confirm, that the nomination for new magistrates at due time by them, were propounded at a town meeting, but hitherto differed through some unacceptable orders of Hartford's assembly, this, therefore, are to require and to order you and every one that are inhabitants of your towne, that I shall not attend any of there orders, nor that you shall not send any deputies thither, but that you shall, according to oath and duty upon sight of this presents, make nomina- tion of magistrates for this present year, and present them upon Monday sen- nit before us, and if any should be unwilfully so to doe, we have ordered the bearers, that the names of such disobedient and troublesome persons shall be sent unto us, that we may act, and proceed against them according to law and judgment : so, after my love, I shall rest, your loving friend
and Governor,
Done in Fort Amsterdam,
P. STUYVESANT.
N. N., 12 May, 1663.
On the 14th day of May; 1663, the general assembly of Con- necticut, choose " Mr. Willys, Mr. Gould, Capt. Sallcote and Capt. Young, as a committee to consider and give up their thoughts and apprehensions concerning the settlement of Westchester and Stamford, and to make return to the court."b
The same court also ordered, that " the letter drawne up by the committee to the Manhadoes, be drawn out fair and sent to the Lord Stephenson, &c., as also the letter to Westchester."c
a Alb. Rec. vol. xxi. 93-4.
b Hartford Rec. Bound. Letters, vol. ii. 183.
e Ilartford Rec. Bound Letters, vol. ii.
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COUNTY OF WESTCHESTER.
For the purpose of answering these pretensions and claims on Westchester, Governor Stuyvesant repaired in person to Bos- ton, and entered his complaints. In his interview with the con- missioners (of the New England colonies) on the 21st of Sept. 1663, he stated, " that he wished a friendly and neighborly settle- ment of differences concerning Eastdorpe by the English called Westchester, and all other disputes, that the parties may live in peace in the wilderness where many barbarous Indians dwell." He requested of the commissioners a categorical answer, whether the treaty of Hartford made in 1650, remained "firm and bind- ing," and whether the patent of Hartford, newly obtained, should extend westward. In conclusion, he expressed his willingness to abide by the treaty of Hartford."a
Governor Stuyvesant was unsuccessful in his negotiations with the commissioners, for he " found their demands in no way answerable to the rights of his superiors."b
While these negotiations were pending, Richard Mills (the lead- ing magistrate of Westchester) appears to have been languishing in the dungeons of Fort Amsterdam ; for, on the 16th of May, 1663, occurs the following petition from the prisoner :
" Right Hon. Gov. Lord Peter Stevenson, thy degraded prisoner Richard Mills, doe humbly supplicate for your favor and commiseration towards me, in admitting of ine unto your honor's presence, there to indicate my free and ready mind to satisfy your honor wherein I am able, for any indignity done unto your lordship by me in any way, and if possible to release me or confine me to some more wholesome place than where I am. I having been tenderly bred from my cradle, and now antient and weakly, and at this time, and ever since I came into this unwholesome place, I have been very ill, and lame with pains in my back, hip and joints, and I doubt not, in a few days, will perdite (endanger or destroy) my life, if not prevented by removal or release, will hope of your honor's gracious admittance and reception, and craving these my poor humble requests and prayers to God for your honor, I remain your lordship, at your pleasure,
From the gaol in Fort Amsterdam, 16 May, 1663.º
RICHARD MILLS.
& Dunlap's Hist. N. Y. vol. i. 113.
b Dunlaps's Hist. N. Y. vol. i. 113.
· Alb. Rec. vol. xxi.
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HISTORY OF THE
Alarmed at the summary manner in which the director had treated their leader, we find the inhabitants of Westchester has- tening to nominate officers for the ensuing year.
LOVING FRIENDS,
Out of your nominations this day presented, we have made choice, as you may know by these presents, of
Robert Huestis, John Barker, Nicolas Bayley.
The which we for the year following, doe confirm for magistrates of the towne, called East-towne, requiring all and every one whom these may con- cerne, to esteem them as our elected and confirmed magistrates for the said town ; so, after my love, I shall rest,
Your loving friend and Governor
Amsterdam, N. N., 24 May, 1663.
P. STUYVESANT.ª
The humble petition of Richard Mills, to the Hon. High Court of the Mauhattas, held 9th of June, 1663, sho veth :
That whereas, your honors have continued anger against me about some wri- tings that were in my costody, I owne unto your honors that I did not well to embrace the receipt of, though thereunto importuned, my proper calling being to act in another sphere, and doe sec cause to blame myself for under- taking to keep them ; and as for Richard Ponton, his carrying them away, I assure your honors that I never gave order to him or any others, measure soe to do : neither did I acquaint him directly or indirectly, where I should hide them. I so doing, prepared that I might be sure to have them when forced to send for them, which I can freely take my oath unto when called hereunto, wherefore I humbly beseech your honors wrath towards me may be purified, and freedom to me granted, soe as that I may proceed in my lawful calling, the short time I have to stay in these parts, being bound for Vir- ginia in Sept. next, humbly craving pardon for what I have done amiss. I remain your honor's petitioner
and prisoner, RICHARD MILLS.
The preceding submission and confession of guilt of the pri-
a Alb. Rec. vol. xxi. 115.
COUNTY OF WESTCHESTER. 169
soner, Richard Mills, made by him verbally and in writing, being heard and read, so is he discharged upon his humble petition, under the express promise, sanctioned by his oath, that he never will undertake any thing either within or out of this government, to the injury of this province, either directly or indirectly. Done in Fort Amsterdam, N. N., 18th of June, 1663.
By a court of general assembly, (held at Hartford, Sth of Oct., 1663) it was ordered, that " this court doth accept of the town of Westchester as a member of this corporation, being received and accepted as such, by a council formerly.
This court moreover declares, that all the land between the Westchester and Stamford, doth also belong to the colony of Connecticut."a
In 1664, the inhabitants of Westchester addressed the follow- ing petition to the honorable his majesty's commissioners for the affairs of New England, which,
" Humbly showeth
Ist, That the said tract of land called Westchester, was purchased for large summes, under the title of England, by Mr: Thomas Pell of the known ancient proprietors, in the year 1654.
2d. The pretended power of the Manhatoes, did therefore continue pro- testing against and threatening of the said plantation, keeping the inhabitants at continual watch and ward, until at length the persons of twenty-three in- habitants of Westchester aforesaid, were seized under commission from the said powers, and committed prisoners into the hould of a vessel, where they continued in restraint from all friends, for the space of thirteen days, fed with rotten provisions creeping with worms, whereby some of them remained dis- eased to this day, after which, they were carried away in chains and laid in their dungeon at Manhatoes.
3d. That the said inhabitants had perished with famine in the said imprison- ment, but for the relief obtained at other hands.
4th. That all this suffering was inflicted on them, under noe other pretence, but that they were opposers to the Dutch title to the lands aforesaid.
5th. That when the said pretended powers had freed the said prisoners, and introduced their own goverment over the said plantation, they drove away such as would not subinit to their pretended authority, to their great endan- germent, and the enslaving of such as remained.
6th. That when in May, 1663, the said plantation was reduced to the king's
a Hartford Col. Rec. vol. ii. 188.
VOL. II.
22
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HISTORY OF THE
authority, by virtue of his letters patent to Connecticut, the pretended pow- ers aforesaid, sent in hostile manner for certain inhabitants of Westchester, whom they confined in Manhatoes, and the next day sent for one Mr. Rich- ard Mills, whom they cast into their dungeon, and afterwards so used him for thirty dayes space, as there are yet strong and crying presumptions they caused his death, which followed soone after.
7th. That the unreasonable damage of the purchaser, and the low estate of the plantation occasioned by the premises, hath had no other recompense to this day, but new threatenings, and thereby an utter obstruction from the peopling and improveing of a hopeful country, all which is an insuperable abuse to his royal majestie's, and our English nation, is humbly offered to the consideration of the hon. commissioners."a
The difficulties between Connecticut and the New Nether- lands continued to increase, until the subjugation of the latter by the British forces under Governor Richard Nicolls, on the 27th of August, 1664.
" When Governor Nicolls visited Westchester, shortly after the surrender, the inhabitants complained to him, and as a matter of course were adjudged to belong to New York." Subsequently the towns of Westchester, Hampstead and Oyster Bay constitu- ted the north riding of Yorkshire.b
Upon the 15th of June, 1664, we find the inhabitants of West- chester surrendering all their rights to Thomas Pell in the fol- lowing manner,
" Know all men by these presents, that whereas there was an agreement made the fourteenth of November, 1654, between Thomas Pell and divers persons, about a tract of land called Westchester,e which was and is Thomas Pell's, bounded as appears by an instrument bearing date as above expressed, wherein the undertakers engaged the payment of a certaine summe of money, present pay, for the said land expressed in the covenant, by reason of some troubles which hindered the underwriters possession, the agreement was not attended to, the present inhabitants considering the justnesse and right of the above said title of Thomas Pell, doe surrender all their rights, titles, and claimes, to all the tract of land aforesaid, to bee at the disposal of the said Thomas Pell, as being the true and proper owner thereof. Witness our hand,
a Alb. Rec. Gen. Entries, p. 11. Also Alb. Rec. vol. i. 120, 121.
b Westchester continned to form a portion of the north riding until 1683, when the present county was erected.
e At this period Westchester embraced the present town of Eastchester. See vol. i. 122.
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COUNTY OF WESTCHESTER.
this 16th day of June in the yeere of our Lord one thousand six hundred and sixty-four.
John Quimbie.
Consider Wood.
Nickolas Balle.
John Barker.
Robert Huestis.
Edward Jessopp.
Will Beet.
John Larens.
John Williams, his } mark.
Samuel Barret,
his B mark.
Samuel Pitcher, his E mark.
Thomas Vaille, his mark.b
Thomas Mollener.
Thomas Pell must have subsequently released to the inhabi- tants of Westchester, for on the 15th of February, 1667, occurs the following patent from Governor Nicolls.
FIRST PATENT OF WESTCHESTER.
Richard Nicolls, Esq., Governor General under his Royal Highness James, Duke of York and Albany, &c., of all his territories in America, to all to whom these presents shall come, sendeth greeting : Whereas there is a cer- tain town within this government, situate, lying and being upon the main to the east of Harlem river, commonly called and known by the name of West- chester, which said town belongs to the north riding of Yorkshire, upon Long Island, and is now in the tenure and occupation of several freeholders and in- habitants who having heretofore been seated there by authority, have been at considerable charge in manuring and planting parts of the lands belonging thereunto, and have likewise settled a competent number of families thereupon for a township, now for a confirmation unto the said freeholders and inhabi- tants in their possession and enjoyment of the premises, as also for an en- couragement to them in their further improvements of their said lands and premises, Know ye, that by virtue of ye commission and authority unto me given by his Royal Highness, I have given, ratified, confirmed and granted, and by these presents do give, ratify, confirm and grant unto John Quimby, John Ferris, Nicholas Bayley, William Betts and Edward Waters, as pa- tentees for and on the behalf of themselves and their associates, ye freeholders and inhabitants of ye said town, their heirs, successors and assignees, all that
a Doubtless Jan or John Archer, first lord of the manor of Fordham.
b Westchester Town Rec.
John Winter. Richard Ponton, his mark.
William Jones, his> mark. John Acer.a
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IIISTORY OF THE
tract of land together with the several parcels not otherwise by patent dis- posed of, which already have or hereafter shall be purchased or procured for and on the behalf of ye said town whether from the native Indian proprietors or others, within the bounds and limits hereafter set forth and expressed, (viz ) that is to say, ye western bounds of ye lands lying within ye limits of ye said town, beginning at the west part of the lands, commonly called Bronks' land, near or adjoining unto Harlem river, from whence they extend eastward to the west part of a certain neck of land, commonly called Ann-hook's neck or Mr. Pell's purchase, southward they are bounded by ye Sound or East River, and so runne upon a parallel line from the east and west limits north into ye woods without limitation for range of cattle or other improvements, together with all ye lands, soyles, necks and lands, rivers, creeks, harbours, quarries, woods, meadows, pastures, marshes, waters, lakes, fishing, hawking, hunting and fowling, and all other profits, commodities, endowments and heredaments to ye said land and premises within ye said bounds and lymits described and set forth belonging or in any ways appertaining, to have and to hold all and singular ye said tract and parcells of land, heredaments and premises, with their and every of their appurtenances and of every part and parcel thereof to ye said patentees and their associates, their heirs and assignees, to the proper use and behoof of ye said patentees and their associates, their heirs and assignees for ever. Moreover, I do hereby give, ratify, confirm and grant unto the said patentees and their associates, their heirs, successors and assignees, all ye rights and privileges belonging to a town within this gov- ernment, and that ye place of their present habitation shall continue and re- tain the name of Westchester by which name and style it shall be distinguish- ed and known in all bargains and sales, deeds, writings and records, they ye said patentees and their associates, their heirs, successors and assignees, ren- dering and paying such duties and acknowledgements as now are or hereafter shall be constituted and established by the laws of this government, under the obedience of his Royal Highness, his heirs and successors. Given un- der my hands and seal, at Fort James, in New York, on the isle of Manhat- tans, 13 February, in the 19th year of his Majesty's reign, Anno Domini, 1667.
RICHARD NICOLLS.
In the Assize Records at Albany, appears the following entry. " Whereas Mr. Thomas Pell of Aun-hookes neck, (Pelham neck,) late deceased, upon pretence of purchase of several tracts of land of the Indian proprietors within 'the then government and jusisdiction of the Dutch, made claims unto the same as namely, the lands belonging to Westchester, Eastchester and Cromwell's neck, and that, after said land together with a larger tract formerly belonging to the said Dutch, were by his Majes-
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COUNTY OF WESTCHESTER.
ty's letters patent granted unto his Royal Highness the Duke of York, and by the said Dutch surrendered by agreement unto his Royal Highness's deputy Col. Richard Nicolis before whom said Pell did personally appear the first assizes held in New York, and then to make good his claim to the lands aforesaid, and where it being sufficiently and lawfully proved that the aforesaid lands, together with a large tract as far as Greenwich, was be- fore purchased by the late Dutch government, and whatso- ever part thereof was not by him granted out, was of right pro- perty belonging unto his Royal Highness, some of which was granted to Thomas Richbell, &c., &c.
In 1673, the province of New York, surrendered to the Dutch. Upon this occasion we find the inhabitants of Oost-dorp tender- ing their submission.
" The deputies of Oost-dorp alias Westchester and adjacent hamlet of East- chester, delivering their credentials, offered to submit themselves to the gov- ernment of their high mightinesses, and the Prince of Orange, and were com- manded to nominate by their inhabitants a double number of magistrates for the aforesaid villages, by a majority of votes, and to present it to the council by the first opportunity, fiom which we shall elect three for their magistrates, viz., two for the village of Westchester, and one for Eastchester, who in his village may decide all differences to the value of thirty shillings; those of higher value shall be determined by the whole college, in the village of West- chester aforesaid."a
On the 28th of August, 1673, the lords commanders of the New Netherlands, made choice of Joseph Palmer and Edward Waters as magistrates for Westchester.b
In 1636, Governor Dongan issued the following letters patent under the great seal of the province.
SECOND PATENT OF WESTCHESTER.
Thomas Dongan. captain general, governor-in-chief and vice admiral in all the province of New York, and territories depending thereon in America, under his majesty James Second, by the grace of God king of England, Scot- land, France, and Ireland, Defender of the Faith, &c., to all whom these pre- sents shall come sendeth greeting : Whereas Richard Nicolls, Esq., gover- nor general under his then royal highness, James, Duke of York and Albany,
a Alb. Rec. vol. xxiii. 273.
b Eastchester Rec.
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HISTORY OF THE
&c., now his present majesty, of all his territories in America did, by a cer- tain writing or patent, under his hand and seal, bearing date the fifteenth day of February, in the nineteenth year of the reign of our late sovereign lord, King Charles the Second of blessed memory, and in the year of our Lord God 1667, by virtue of the power and authority unto him given by him, the said royal highness, now his present majesty as aforesaid. Give, ratify, confirm and grant unto John Quimby, John Ferris, Nicholas Baily, William Betts, and Edward Waters as patentees for and in the behalf of themselves and their as- sociates, the freeholders and inhabitants of the town of Westchester, within this government, situate, lying, and being upon the main, to the east of Har- lem river, which said town belongs to the North Riding of Yorkshire, upon Long Island, then in the tenure and occupation of several freeholders and in- habitants who had theretofore been seated on them by authority, and at con- siderable charge in manuring and planting part of the land belonging thereunto, and likewise have settled a competent number of families thereupon for a township, all that tract of land together with the several parcels not otherwise by patent disposed of, which already had or thereafter should be purchased or procured, for and in the behalf of the said town, whether from the native In- dian proprietors or others with the bounds and limits hereafter set forth and expressed, viz., the eastern bounds of the lands lying within the limits of the said town, beginning at the west part of the land commonly called Bronk's land, near or adjoining unto Harlem river, from whence they extend eastward to the west part of a certain neck of land, commonly called Ann-hooks neck, or Mr. Pell's purchase, southward they are bounded by the Sound or East river, and so run upon a paralel line, for the east and west limits, north into the woods without limitation, for range of cattle or other improvements, to- gether with all the lands, soyles, neck, &c., &c. William Richardson, John Hunt, Edward Waters, Robert Huestis, Richard Ponton, William Barnes, John Beybic, John Bailey, John Tudor, John Ferris, Joseph Palmer, Thomas Bax- ter, freeholders of the commonality of the town of Westchester.
6th January, 1686.
THOMAS DONGAN.
October 1687, "it was voted, and agreed upon, by the major part of the trustees, that John Ferris, sen., and Joseph Palmer, . should go on Monday next, &c., and run the north-west line, from the head of Hutchinson's, to Broncks's river; it was also voted that Joseph Palmer and Edward Waters shall go with the Indians and shew them the line as near as they can, that runs between Mr. Pell and our town, as also the line which runs be- twixt this town and Eastchester. "a
& Westchester Rec.
175
COUNTY OF WESTCHESTER.
Upon the 27th of May, 1692, we find the Indian proprietors, Maminepoe and Wampage, conveying the following tract of land, to the trustees of Westchester.
" To all Christian people to whom this deed of sale shall come, greeting : Know ye, that wee, Maminepoe and Wampage alias Ann-hook, Indian pro- prietors of a certain tract of land lying within the limits and bounds of the patent of the county town of Westchester, in the province of New York, for a valuable consideration, and other considerations us thereunto moving, and having taken the advice and approbation of several native Indians here under- written, to us in hand paid by John Palner, William Barnes, William Rich- ardson, Joseph Palmer, Samuel Palmer, Robert Huestis, John Ferris, John Hunt, Joseph Hunt, Josiah Hunt, Thomas Baxter, and Edward Collier, trus- tees of the freehold and commonality of the town of Westchester aforesaid, the receipt whereof we do hereby acknowledge and therewith to be lawfully satisfied, contented, and paid, and thereof do acquit, exonerate, and release, and discharge the said trustees, their heirs, successors, and assignees forever, have given, granted, bargained, sold, enfeoffed, released, and confirmed, and by these presents do fully, clearly, absolutely, give, grant, bargain, sell, enfeof, release, and confirm unto the said trustees, their heirs, successors and assign- ees forever, all that tract of land lying on the east side of Brunxs's river, be- ginning at the pine trees and so compassing all the land which we the said Maminepoe and Wampage layes claim to, until they come to the head of Rattle Snake brook, and from thence north-east to Mr. Pell's land, so north by said Pell's marked trees by Brunxs's river, together with the woods, underwoods, timber, trees, waters, rivers, runs, brooks, and all and singular the emolle- ments, hereditaments, rights, privileges, and appurtenances thereunto belong- ing or appertaining, (only reserving to ourselves the privilege of making use of white wood trees for our particular usc,) to have and to hold the before re- cited premises, with all and every of its appurtenances, unto the said trustees, their heirs, successors, and assignees, to the only proper use, benefit and be- hoof of them the said trustees, their heirs, successors, and assignees forever, and it shall and may be lawful for the said trustees, their heirs, successors, and assignees, from henceforth and forever, to have and to hold, use, occupy, and enjoy the said tract of land, free from all incumbrances whatsoever, unto the said trustees, their successors and assignees forever, without any manner of claime, challenge, or demand of us, our heirs, executors, or administrators, or any other native Indians or Christian people, by, from, or under us, or any person or persons whatsoever, and we the said Maminepoe and Wampage alias Ann-hook, shall and will forever warrant and defend the said tract of land unto the said freeholders of the corporation of Westchester, their heirs and assignees forever. In witness whereof we the said Maminepoe and
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