USA > New York > Westchester County > A history of the county of Westchester, from its first settlement to the present time > Part 17
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176
HISTORY OF THE
Wampage, alias Ann-hook, have put to our hands and seales this 27th of May, in the fourth year of their majesties reign, and A. D. 1692.
Signed, sealed, and delivered in pre- The mark of < Maminepoe. sence of us,
The mark of V Wampage, [alias Ann-hook.
Abraham Hawker,
Isac Larens,
The mark of John Garretson.
The mark of X Crohamananthense. The mark of V Mamertekoh.
Native Indian witnesses to the above deed. The mark of X Weenetonalı. The mark of V Tanancot.
The mark of # Coshehoa.
The mark of Rauh Couwind. The mark of @ Tom.
The following entry in the town books refers to this sale :
" At a meeting of the inhabitants held the 27th of May, 1692, this day, the land on the east side of Broncks's river, till wee come to Mr. Pell's line, was purchased of Maminepoe and Ann- Hook for
2 gunns,
2 coats,
2 shirts,
2 adzes,
2 kettles, 1 barrel of cider,
6 bitts in money.
DISBURSEMENTS UPON THE INDIAN PURCHASE.
William Barnes, 1 kettle,
£2 2 0
To expences to ye Indians,
0 60
John Hunt, 1 coate,
0 12 0
For money,
To Indian supper and other expences,
030
William Richardson, 2 shirts,
0 12 0
John Ferris, sen. 1 coate,
0 12 0
To 1 day with the Indians,
0 0
Josiah Hunt, 2 adzes, and 3s. Sd. in money,
0 15 0
Samuel Palmer, I gun,
0 0
Thomas Baxter, 1 gun,
1 2 0
Joseph Hunt, I barrel of cider,
030
£8 4 6
.
01 6
Robert Huestis and Thomas Baxter, 1 gun.ª
a Alb. Rec. gen. entries. See also Town Rec. 27th March, 1704, Joseph Hunt was directed to go to the clerk of the county and see the Indian deed recorded.
177
COUNTY OF WESTCHESTER.
At a meeting held by the trustees of Westchester the sixth day of February, 1692,
" Present, William Barnes, John Ferris, Joseph Palmer, Samuel Palmer, Thomas Baxter, John Bayley, John Hunt, Robert Hues- tis and Edward Collier. It was voted and agreed upon, that John Ferris, sen. and Joseph Palmer should go to Mr. Pell's and proceed to have the line run between the town and him, &c., and report of their doings next Tuesday."
Fourth of September, 1694, it was agreed upon at a lawful town meeting that Richardson shall have free liberty to build or erect a mill or mills upon the stream on the great creek of the town, for and in consideration of grinding of the inhabitants' corn, for the fourteenth part, also liberty of cutting timber for a saw mill. Done in behalf of the town, &c.
In 1700 it was resolved at a meeting of the inhabitants, "That the line between" " Thomas Pell's patent and the town of West- chester, (pursuant to the grants made by Governor Nicolls,) shall be run by the surveyor general of the province of New York, and that the standard for running said line shall be pitched and placed and sett in the middle of" " Hutchinson's river at the going over of the road as far up as the tide flows, and so to run upon a north line to Broncks's river, and northward down said river in the middle of the channel to the Sound, which said bounds or lines to continue forever between the said 'Thomas Pell's patent and the said town of Westchester."a
The same year a grant of land appears to have been made by the inhabitants to John Pell, Esq.b
At a meeting of the trustees held 23d day of January, A. D. 1720, present, Miles Oakley, president,
Trustees.
John Oakley, Thomas Hadden,
John Ferris, Peter Ferris,
Thomas Baxter,
Joshua Hunt,
Israel Honeywell,
Nathaniel Underhill.
" Whereas several persons have come with boats, canoes, &c., a fishing,
a Town Rec.
b Town Rec.
VOL. II.
23
178
HISTORY OF THE
and have broke up our ground, and taken away ye oysters from within ye limits of our patent, in an unlawful manner, therefore, it is voted and agreed upon by the trustees aforesaid, that any person or persons who shall at any time hereafter trespass upon us by fishing, breaking our ground, and laking our oysters in ye manner aforesaid, shall be immediately prosecuted according to law for such trespass or trespasses, and it is also voted and agreed upon by ye trustees aforesaid, that John Ferris, Thomas Baxter, Joshua Hunt, of Westchester, Capt. Joseph Drake, Nathaniel Tompkins, and Moses Fowler, of Eastchester, do immediately put this into execution ; and it is also agreed that if any freeholder of Westchester do take any oysters to transport out of our township to make sale thereof, such freeholder or freholders shall be estcemed as trespassers, &c. Provided that the freeholders in general of Eastchester shall not be esteemed trespassers according to this act, excepting such of them as shall take oysters within ye limits of West and Eastchester to transport them out of ye said townships to make sale thereof,"a &c.
In the reign of George the first, a charter was granted to the trustees of this town, entitled, "an act to prevent the fencing in or enclosing the sheep pasture, or any part thereof, in the bor- ough town of Westchester," &c. Dated 28th February, in the eighth year of his reign, and of our Lord God, 1721.
The sheep pasture embraced what was subsequently known as the commons. Upon this extensive waste, the freeholders of the town enjoyed the free use of pasturage. The commons were purchased by Martin Wilkins, of the trustees, in 1825, and are now owned by his son, Governeur M. Wilkins, Esq., of Castle hill neck.
The village of Westchester is situated at the head of naviga- tion, on Westchester creek,b twelve miles from the city of New York ; it contains about four hundred inhabitants, fifty dwel- lings, an Episcopal, a Roman Catholic, a Methodist church and two Friends' meeting honses, three taverns, a post office and four stores. Here is a convenient landing, fiom which ply three
& Town Rec. fol. ix. 120, 121 .- At a court of common council held 1740, it was ordained that no person not belonging to this corporation do take and carry away our clams or oysters, but that all boats, canoes, or other craft belonging to persons who shall presume to take the same, not inhabiting within this county, shall be seized, and further no person belonging to this corporation shall have power to give eave to any person not living in this corporation to get oysters or clams.
b Called by the Dutch, Oost dorp kil.
179
COUNTY OF WESTCHESTER.
sioops to the New York market. The Westchester creek (at high water) admits of vessels carrying 300 tons, to the landing. There are three school districts in the town, viz., Westchester village, Throckmorton's neck, and Bear swamp. There are also several manufactories, and two grist mills, one of which is a tide mill.a
Westchester is by several years the oldest village in the coun- ty, its first settlement (by the Puritans) being coeval with Throckmorton's purchase, in 1642.b At this early period, it formed a part of the Dutch district of Vrede-land (or land of peace) and was, therefore, within the limits and jurisdiction of the New Netherland. By the Dutch it was named Oost-dorp, (East town) from its situation east of the Manhattans. So early as 1657, Gov. Stuyvesant ordered that Westchester should have four English or one Dutch mile square of land for the town.
During the Dutch dynasty, courts appear to have been holden regularly at Oost-dorp, for, among the town records, is a small volume, entitled " The Book of Court acts, from 1657 to 1662," from which we extract the following memoranda.
" Feb. 1st, 1657, William Binfield for contempt of anthority, is bound over to answer at next court."
On the same occasion, " John Archer, plaintiff against Roger Wiles, in an action of debt for the value of seventy four guilders, principal."
East town, the 13th of September, 1662, at a court held be- fore Edward Walters, Robert Huestis and William Bett, by order and power of the Governor General, Peter Stuyvesant, Governor of the province of New Netherland, and the high council, &c.
Thomas Higgins, plaintiff, complains of Lawrence Turner, in
· N. Y. Gazetteer.
b Dr. De Witt fixes the date of its settlement some eight years later. " After the provisional arrangement of boundaries between New Netherland and New En. gland, by Gov. Stuyvesant and the New England commissioners, in 1650. A number of Puritans from the east, settled a place then named Oost Dorp, (East Town) now Westchester, in Westchester county." De Witt's paper on New Neth- erland. Proceedings N. Y. Hist. Soc., 1844, 69.
180
HISTORY OF THE
an action of slander done by his wife, &c., ended by arbitra- tion.
When Richard Nicolls, the Duke of York's governour, con- vened an assembly from the towns of Long Island and West- chester, to meet at Hempstead, March 1st, 1665, there appeared the following deputies from this place :
Edward Jessup, John Quimby.a
August 6th, 1665, we whose names are underwritten, doe jointly agree to set to our hands to send the eight townsmen to Governor Nicolls, to stand by them in what they do in that par- ticular, for the settlement of the towne.
William Quimby,
Thomas Miller,
John Ferris,
John Smith,
Robert Pinckney,
C. Wood,
Edward Waters,
Edward Jessupe,
Richard Ponton,
Samuel Barret,
Thomas Hunt, Thomas Hunt, Jr.
Thomas Vaile.
At this early period, a portion of the judicial power appears to have been lodged in the hands of the constable, for in the town records this entry occurs.
Westchester, Sept 3, 1665.
At a town court holden by the constable and the commis- sioners appointed. Thomas Hunt complained against an Indian called Pomoqucee, that the said Indian took his canoe from the shore, where it was safe, and carried it quite away. Upon ex- amination, the Indian confessed that he took the canoe from the shore, but said it was not secured.b
a Alb. Rec. Gen. Entries, 1664-65, page 96. See Dunlap Hist. N. Y.
b The inhabitants of Westchester (like their New England forefathers) appear to have been greatly troubled with the plague of witchcraft, for, in 1670, Katha- rine Harryson of England who had lived nineteen years at Weathersfield in Con- nectient, where she had been tried for witchcraft, found guilty by the jury, ac- quitted by the bench, and released ont of prison, on consideration that she would remove. Appeared before the council on the accusation of Thomas Hunt and Edward Waters, in behalf of the town of Westchester, they praying that she might be driven from the town. This affair was adjourned to the 4th of Au-
181
COUNTY OF WESTCHESTER.
The subjoined document would appear to be the first tavern license granted in this county.
" At a town meeting in Westchester, the 27th of June, 1681, Justice Pell present. The town made choice of John Hunt for an ordinary keeper, for one year ensuing, for the town of Westchester, and desired him the said John Hunt, may be licensed by the justices of the riding. The said Hunt is to sell his biere at two pence per quart, and rum at three pence per gill, which he shall not exceed, and to take his corne at price current, according to the cur- rent rate, and that none else to retaile againe in rum in the said towne of Westchester, during the said toarme of one year, without the approbation of the said Hunt. "a
We have already shown that Westchester sent representatives to the Governor's assembly in 1665. The following relates to the election of representatives in 1683.
Westchester, the 29th of Sept. 1683.
At a town meeting held in obedience to a warrant from the high sheriff concerning the choice of four men out of the town- ship to goe to Jamaica upon Long Island the first day of Octo- ber next ensuing, there to joyne with a committee chosen out of each towne in the north riding, and this said committee to choose two out of the riding, able men as representatives for the north riding. The town hath made choice of William Richard-
gust, when being heard, it was referred to the general court of assizes. The wo- man being ordered to give security for good behavior. The following sentence was recorded by the court, Oct., 1670 : in the case of Catharine Harryson, widow, who was bound to her good behaviour, upon complaint of some of the inhabitants of Westchester, whilst ye holding of this court. It is ordered, that in regard there is nothing appears against her deserving the continuance of that obligation, shee is to be released from it, and hath liberty to remove from the town of Westchester were she now resides, or any were else in the government during her pleasure. The hu- mane efforts, however of the court, to protect the poor widow, appear to have been ineffectual, for soon after an order was given for Catharine Harryson charged with witchcraft, to leave Westchester, as the inhabitants are uneasy at her residing there, and she is ordered to go off. Assize Rec. Albany.
a Town. Rec.
182
HISTORY OF THE
son, Richard Ponton, Thomas Hunt, sen., and John Palmer to be the four men to goe to Jamaica.
Recorded in town meeting,
per Francis French, Recorder.
Upon the division of the province into shires and counties, the following act was passed by the Colonial Assembly for the re- gulating and settling of courts of justice, entitled " an act for the more orderly hearing and determining of matters and cases of controversy, &c." Two courts of sessions for the county of Westchester, the first Tuesday in June and the first Tuesday in December yearly and every year, the one to be held at West- chester, and the other at Eastchester. Also a court of oyer and terminer and general jail delivery in the same county on the first Wednesday in December. Passed 29th of October, 1683.ª
Westchester formed the shire town of the county from 1683 to 1759. The last court held here was on the 6th of November, 1759.b A few extracts are selected from the early records to show the manner in which the county courts were conducted.
" At a court of sessions held at Westchester, for the county of Westches- ter, by their Majesties authority, present John Pell, justice and quorum, pre- sident of the court, John Palmer, justice of the peace and quorum, Daniel Sharpe and William Barnes, Esquires, justices of ye peace. December ye 1st 1691.
The Court opened.
The grand jury called and appeared, viz. Robert Hustead, John Ferris, sen. John Mollinex,
John Furgeson, Robert Hustead, jun. John Hadden, sen.
a Acts of Assembly, passed A. D. 1683. Upon the 29th of October, 1684, the period was changed for holding the above courts from the first Tuesday in Decem- ber to the third Tuesday in November. In 1691 the courts were held as first ordered.
b Rec. of Court of Common Pleas, Lib. B. The old court house at Westchester was burnt at an early period of the Revolution.
c A. D. 1749. Died John Hadden and Abigail his wife within a few hours of each other, having lived lovingly together 70 years. Ile died aged 96, and his wife 90.
183
COUNTY OF WESTCHESTER.
Joseph Hunt, John Hunt, John Quimby, jun. John Baly,
Edward Hadden, John Winter, Thomas Bedient, Samuel Palmer,
William Chadderton.
The court adjourned till Thursday morning.
Constables called.
Westchester, Joseph Hunt. Eastchester, Henry Fowler. New Rochelle, Cornelis Seely. Mamaroneck, Richard Ward. Rye, Samuel Kniffen. Up- per Yonckers, Matthias Brookes. Bedford, -. Benjamin Collier, high sheriff of the county.ª
" At a court of sessions held at Westchester by his Majesty's authority, June 6th and 7th, 1693, before the Honorable Caleb Heathcote, Esq., judge of the court of common pleas, justice and quorum, &c , the following curious testimony was given in a suit between Richard Ponton, defendant, and Gabriel Leggett, plaintiff. Captain Thomas Williams, b aged 62 years, deposed, saith, the first reason of this difficulty was a big look violently from mee. After- wards Captain Leislere sent an order to Captain Ponton to send him some men to go to Albany for their assistance against the French, and also the said Williams to assist the said Ponton in taking and sending the said the men up. When the townes company was called together and Captain Ponton asked them who was willing to go volunteers upon said expedition, and Gabriel Leggett answered that was fooles if any of them did go, and said who would give them a legg or an arm if they lost them. Upon which, Captain Ponton commanded him to hold his peace, but he still continued abusing the defendant and said here comes the father of rogues, and many other scurrilous words, upon which I got a warrant against him, &c."
At a general court of sessions, held in 1695.
" The jury for our Sovereign Lord the King, upon their oaths do present Thomas Furgeson of the county town of Westchester, laborer, for selling of a certain horse without a tongue of a brown culler at Westchester aforesaid, at or about the first day of May last, &c.
By an act of Assembly passed on the 11th of May, 1693, "a
a First Rec. of Court of Sessions.
b Dec. 11th, 1689. Thomas Williams, freeholder of Westchester, was elected a member of the Governor's Council.
€ Governor Jacob Leisler who assumed the government of the Province in 1689,
.184
HISTORY OF THE
public and open market was appointed to be held on every Wednesday of the week at Westchester, " to which market it was lawful for all and every of the inhabitants and sojourners to go, frequent and resort, and thither to carry all sorts of cattle, grain, victuals, provisions and other necessaries from eight in the morning to sunset."a
It was also enacted by General Assembly the same year, " that there shall likewise be held and kept twice yearly and every year, a fuir, to which fair it shall and may be likewise lawful for all and every person to go and frequent, &c., two fairs yearly for the county of Westchester; the first to be kept at the town of Westchester in the said county on the second Tuesday of May and to and on the Friday following, being in all four days, ex- clusive and no longer, and the second fair to be kept at Rye in the said county on the second Tuesday in October yearly and to end the Friday following, &c., &c."b These privileges were subsequently confirmed and enlarged.c
The following charter, incorporating the ancient settlement of Westchester as a borough town, was granted on the 16th of April, 1696 :
ROYAL CHARTER.
Gulielmus Tertius Dei Gratia, Anglia, Scotia, Gallia et Hibernia, Rex fidei defensor, &c. &c.
"To all to whome these presents shall come, sendeth greeting :
Whereas, Richard Nicholls, Esq., sometime Governor General of our pro- vince of New York, in America, by a certain writing or patent under his hand and seal, bearing date on or about ye 15th day of February, in the year of our Lord God, 1667, by virtue of the power and authority unto him given, did give, ratify, confirm and grant, unto John Quimby, John Ferris, Niclio- las Bailey, William Betts, and Edward Walters, as pattentees for and on the behalf of themselves and their associates, the freeholds and inhabitants of the town of Westchester, within our sd. province of New York, all that
a The above act was confirmed in 1697. See Acts of Assembly, p. 17.
b Acts of Assembly, confirmed 11 May, 1697.
See Charter.
185
COUNTY OF WESTCHESTER.
tract of land scituate, lying and being upon the main to the east of Harlem river then in the tenure and occupation of the above sd patentees, and several other ffreeholders and inhabitants, of the said town, who, before that time by authority, had been settled there, and had been at considerable charges in manuring and planting part of the lands belonging thereunto, and likewise had settled a competent number of families thereupon for a township, the boundaries and limits whereof, were therein set forth and exprest as follows : (viz.) the western bounds of the sd. land, then lying within the limits of the said town, did begin at the land commonly called Brunk's land, near or adjoining to Harlem river afores'd, from whence they extend eastward to the west part of a certain neck of land, commonly called Ann Hooks neck or Mr. Pell's purch'e, southward, they are bounded by the Sound or East river, and so to run up a parellel line from the east and west limits, north, into the woods without limitation, for range of cattle, and other improvements, together with all the lands, soiles, necks of land, rivers, creeks, harbours, quarry's, woods, meadows, pastures, marshes, waters, ffishings, hawkings, huntings and ffowlings, and all other profits, commodities, emoluments and hereditaments, to the sd lands and premises, within the said bounds and limits described and set forth belonging or in any manner of wayes appertaining, to have and to hold, all and singular the said tracts and parcels of land, hereditaments and appurte- nances, and every part and parcel thereof to the said pattentees and their as- sociates, their heirs, successors and assigns, forever.
And moreover, the said Richard Nicholl's, Esq., as Govr. Genl. as aforesd, did thereby ratify, confirm and grant unto the said patentees, their associates, their heirs, successors and assigns, all the rights and privileges belonging to a town within this government, and that the place of their then present habi- tation should continue and retain the name of Westchester, by which name and stile it was to be distinguished and known in all bargains, sales, deeds, writings and records, they the sd. patentees and their associates, heirs, suc- cessors and assigns, rendering and paying such duties and acknowledgments, as then were or hereafter should be constituted or established by the laws of the said province, as by the said writing or patent now remaining upon the records of the secretaries office, relation being thereunto had, may more at large appear. And whereas, afterwards, on or about the sixth day of Janry., in the year of our Lord, 1686, upon the petition of several of the frecholders of the said town of Westchester, in behalf of themselves and the rest of the ffreeholders and inhabitants of the said town, directed to Coll. Thomas Dun- gan, then Capn. Genl. and Gov. in Chief of our sd. province. The sd. Coll. Thomas Dungan, by virtue of the power and authority to him derived, in and by a certain instrument in writing, under his hand and seal of our sd prov'e of New York, whose date is the day and ye ir last abovesd, for the conside- ration therein mentioned, did give. grant, ratify, release and confirm, unto twelve of the freeholders and inhabitants of the sd town of Westchester, VOL. II. 24
186
HISTORY OF THE
and thereby made them one body corporate and polotick, and willed and deter- mined them to be known and called by the name of the Trustees of the Ffree- holders and Commonality of the Town of Westchester and their Successors, all the aforesd tracts and parcels of land, within the limits and bounds aforesd together with all and singular the houses, messages, tenements, building, mills, milldams, ffences, inclosures, gardens, orchards, fields, pastures, woods, under- woods, common of pastures, meadows, marshes, swamps, creeks, harbors and all other profits and commodities and hereditaments whatsoever, to the sd tracts of land, and premises belonging, or in any manner of ways appertaining, to have and to hold unto them the sd trustees of the ffreeholders and commonallity of the sd town of Westchester, and their successors forever, to and for the several and respective uses therein mentioned, (viz.) as for and concerning all and sin- gular the several and respective parcels of land and meadows, part of the abovesd granted premises, then in any wise taken up and appropriated, ei- ther by patent under the hand of any of his majties governors in this province, and sealed with the seal thereof, or by particular divisions, settlements, al- lottments and grants, by town orders, either for the planting of land or erect- ing of saw mills, with all and every the priviledges of cutting of timber, and pasture for cattle, before the day of the date thereof, unto the several and re- spective then present, freeholders and inhabitants of the said town of West- chester, by virtue of the before recited deeds or pattent, to the use, benefit and behoof of the sd ffreeholders and inhabitants respectively, and their several and respective heirs and assigns forever, and as for and concerning all and every such tracts and parcels of land, remainder of the granted pre- mises not then taken up and appropriated to any particular person or persons, by virtue of the before recited deed or pattent, to the use, benefit and be- hoof of the then present ffreeholders and inhabitants, their heirs, successors and assignes for ever, in proportion to their several and respective settle- ments, divisions and allotments as tenents in common, without any lett, hin- drance or molestation, to be had upon pretence of jointanacy or survivorship therein saveing to his then majestie, his heirs and successors, the several rents and quit-rents reserved dne, and payable from several persons, inhabiting within the limitts and bounds aforesd by virtue of former grants to them made and given, always provided, that all and every such person. and persons that hold any land within the limits and bounds aforesd, by virtue of the particular grants, patents, are forever to be excluded from having any rights or com- monage or particular division of any of the lands within the limits and bounds aforesd that then remaind unappropriated to be holden of us, our heirs and successors in fee and common socage according to the manner of East Greenwich, in the county of Kent, within our realm of England, under a cer- tain ye irly quit rent therein reserved, due and payable unto us, our heirs and successors ; and whereas, the northerly bounds of the first recited pattent, extends into the woods without limitation, the said Coll. Thomas Dungan did, in and by the last abovementioned pattent and confirmation, declare and deter-
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