USA > New York > Westchester County > A history of the county of Westchester, from its first settlement to the present time > Part 19
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195
COUNTY OF WESTCHESTER.
time being full power and authority to exercise and execute the said office and offices of coroner and clerk of the market in the sd borough and town and the liberties thereof in as large and ample manner as any other coroner or clerk of the market doth or may lawfully execute the like office or offices in any other town or liberties within this our province of N. York. And farther, of our especial grace, certain knowledg, and meer motion, wee do by these pre- sents, for us, our heirs, and successors, give and grant unto the sd mayor, al- dermen and common council of the sd borough and town of W. Chester aforesd, and their successrs forever, that they and their successors shall and may from time to time return and send one discreet burgess of the sd town and borough into every general assembly hereafter to be summond or holden within this our province of N. York, which burgess so returnd and sent shall be receivd into the house of deputies or members of the sd house and have and enjoy such priviledges as any other of the sd members have or ought to have. And lastly our express will and pleasure is, and we do by these presents for us, our heirs and successors, give and grant unto sd mayor, aldermen, and com- mon council of the sd borough, and their successrs forever, that these our letters patent or the inrolment thereof in our secretaric's office of our sd pro- vince, shall be good, available, and effectual in the law to all intents, construc- tions, and purposes, against us, our heirs, and successors, without any other licence, grant, or confirmation from us, our heirs, or successors hereafter, by the sd mayor, aldermen, and common council, or their successors, or any of them, to be had and obtained notwithstanding the not recitall or miss-recitall, not nameing or miss-nameing of the sd offices, ffranchises, lands, tenements, or hereditaments, and other the premises or any of them, and notwithstanding that no writ of ad quod damnum hath issued forth to enquire of the premises or any of them before the sealing of these presents, any statute, act, ordinance, or provision, or any other matter or thing whatsoever to the contrary in any wise notwithstanding. In witness whereof we have caused these our letters to be made pattent. Witness our trusty and well beloved Benjamin Fletcher our capn genl and govenr in chief of our sd province of New York and the territories and tracts of land depending thereon in America, and vice admiral of the same, our lieutent and commander in chief of the melitia and of all the fforsses by sea and land within our collony of Connecticut, and of all the fforts and places of strength within the same, Att our fort at New York, this six- teenth day of April, in the eighth year of our reign.a
VIVANT REX ET REGINA."
Another entry relates to the swearing in of the first aldermen and common council of the borough.
& From a certified copy of the original, in the possession of Ogden Hammond, Esq.
196
HISTORY OF THE
" Be it remembered that upon the sixth day of June in the 8th year of his Majestie's reign, 1696, appeared before me Caleb Heathcote, mayor of the borough town of Westchester, William Barnes, John Hunt and John Bayley, gentlemen, aldermen of the said corporation, and Robert Huestis, Samuel Huestis, Samuel Ferris, Miles Oakley and Daniel Turner, gentlemen, common council of said corporation, and did take the oaths appointed by act of Parlia- ment, entitled " of the oaths of allegiance and supremacy."
Recorded, coram me,
CALEB HEATHCOTE, Mayor.ª
Upon the 11th of June, 1696, at a meeting of the mayor, ald- ermen and common council, "it was ordered, that a seal shall be devised and made for the use of the corporation, and that in the mean time the seul b formerly used by the trustees shall be made use of. It was further ordered, that Mr. James Emott shall be recorder and Edward Collier his deputy; also that Joseph Hunt, jun., should be serjeant of the mace, if he would accept of it, and if not John Williams should be serjeant of the mace.c
" At a court held in the borough town of Westchester by the mayor and aldermen of said town on the 6th of October, 1696, Colonel Heathcote brought the seal for the corporation, and did give it gratis to the town, and left it in the hands of the re- çorder."
BETOGOD
GLORY
ONHICH
The Seal of the Borough of Westchester.
a Town Rec.
b Several impressions of this seal are attached to papers in the town clerk's office.
197
COUNTY OF WESTCHESTER.
At a meeting of the trustees of this town, held on the 8th of June, 1700, it was resolved,
" That whereas at a former meeting held by the inhabitants of the borough town and precincts, on the 3d day of May, 1697, it was voted and agreed up- on that there should be a town hall built to hold courts in and for the public worship of God, &c., but it being then neglected, the mayor, aldermen and justices at this meeting, did order with a joynt consent to build a house for the uses of a court and prison.a The dimensions of the house is to be twenty- six feet square, sixteen feet joynts, a square roof, six window cases five feet square, &c. The trustees agreed with Richard Ward to build said house for £33, and with Erasmus Orton to build the prison for £5. It is to be twenty feet long, 16 feet wide, seven feet high, two feet thick with a good chimney. The town to find attendance. Which work is to be done by the 31st."b
By a reference to the charter, it will be seen that the borough of Westchester enjoyed the right of being represented in Assem- bly. The first representative appears to have been Lewis Morris, Esq. The following certificate refers to the services of this in- dividual.
General Assembly for the Colony of New York. Die Sabbati, 6 July, 1723.
These are to certifie that Lewis Morris, Esq., one of the persons duly elected for ye borough of Westchester to serve in General Assembly for ye Colony of New York, hath attended the service of this house in General As- semibly, the full term of sixty-one days.
By order of ye General Assembly, R. LIVINGSTON, Speaker. July 6th, 1723.
Received ye full payment of this certificate from ye borough of Westches- ter, I say received by me.
LEWIS MORRIS.C
a The old court house and jail occupied the site of the present carriage shed, on the south side of St. Peter's church. Both were burned during the Revolution.
b Westchester Rec. On the 4th of September, 1700, Josephi Haviland and John Hunt were directed to agree for the timber work of the prison.
c Town Rec. book 9, 155.
19S
HISTORY OF THE
Peter de Lancey, Esq., represented the borough, in 1756, for which he received ten shillings per diem.a
One of the most important privileges conferred upon this town by the royal charter, was that of holding a mayor's court, the first Tuesday in every month. This court had full power to hear and determine all causes " not exceeding in debt or damages the sum of twenty pounds." From the town records it appears, that " at a mayor's court holden in Westchester, 6th of July, 1697, the court did order that Capt. William Barnes shall see out for a workman to make a pair of stocks and the prison sufficient for the securing of prisoners, until such time as a way may be found for the building of a new one," &c.b
As a proof that liberty was not yet clearly understood by our ancient judges, we subjoin an extract from the records of the ma- yor's court in 1730.
" Present Miles Oakley, mayor, Thomas Hunt, Joshua Hunt, James Cromwell, Nathaniel Underhill and William Leggett, aldermen.
. " The jury being called over said they could not agree, and James Dangly and Gabriel Leggett who dissented from the others gave their reasons to the court; which being judged in- sufficient, they were fined 40.s. each, and to stand committed till paid. The jury were then discharged."c
"At a mayor's court held in Westchester, December, 1734, Present, William Leggett, Esq., mayor, William Firster, recor- der, Nathaniel Underhill, Thomas Hunt, Joshua Hunt and Ga- briel Leggett, aldermen, &c. The recorder presented the free- dom of the town to the Hon. James de Lancey, Esq., and John Chambers, attorney at law, which was read and approved : and thereupon it was ordered that the mayor, recorder and aldermen do forthwith wait on the said James de Lancey, Esq., and John Chambers, at the house of William Burnett, and deliver the same
a Smith's Hist. of N. Y. The daily wages of the representatives, were regulated by sundry acts of Assembly.
b Town Rec.
c Town Rec.
199
COUNTY OF WESTCHESTER.
unto them, and desire their acceptance of the same. According- ly the court adjourned."a
The town propertyb is at present managed by a board of three trustees, who represent the mayor, aldermen and commonalty of the ancient borough of Westchester. The following act was passed by the legislature of this state, on the 19th of March, 1813, entitled "an act relative to the duties and privileges of towns." The 28th section of which directs,
" That the freeholders and inhabitants of the town of Westchester, in the county of Westchester, may, on the day of their annual town meeting, under the usual manner of electing town officers, choose six freeholders resident in this town for trustees, and the said trustees or a majority of them, shall and may order and dispose of, all or any part of the undivided lands within the said town, as fully to every purpose, as trustees have been used to do, under any patent or charter to the said town, and may continue to lease out the right and privilege of setting and keeping a ferry across the East river from the said town of Westchester to the town of Flushing, in Queens county, in like manner, at the same rates of ferriage, under the same rules and regulations, and for the like purposes, as they have lawfully been accustomed to do, since the eighteenth day of April, one thousand seven hundred and eighty five."c
In 1746, the small pox prevailing in Greenwich, New York, the house of assembly adjourned to Westchester.
The following letter of the Westchester sub-committee, dated borough and town of Westchester, August 24th, 1775, to the Honorable Provincial Congress, is copied from the military re- turns.
a Town Rec. On the 2d of July, 1737, Lewis Morris, Jun., and Frederick Phi- lipse were admitted freemen of the borough under the common seal of the corpor- ation.
b The town property prior to its division, in 1846, amounted to sixteen or twenty thousand dollars, (arising from the sale of the common lands) the interest of which was appropriated to the common schools.
c Laws of New York, 1813. The above confirms a former act of legislature, passed 18 April, 1785, in which the freeholders of the town were authorized to choose six trustees, who should have the right to order and dispose of the undivided lands, &c.
200
HISTORY OF THE
We the subscribers appointed a sub-committee to inspect theelection of mili- tia officers for the said town, do most humbly certify, that the following per- sons were chosen this 24th day of August, 1775, by a majority of voices duly qualified for that purpose, agreeable to the resolutions of the honorable con- gress abovesaid, (viz. : )
John Oakley, Captain. Nicholas Berrian, Ist Lieutenant.
Isaac Leggett, 2d Lieutenant;
Frederick Philipse Stevenson, Ensign.
Thomas Hunt,
Committee, James Ferris,
Lewis Graham.
At a meeting of the freeholders and inhabitants of the town of Westchester, held 1st day of April, 17SS, being the first Tuesday in April, and the annual day of electing town officers, pursuant to an act of the legislature, passed the 14th Feb. 1787. Present, Joseph Bowne, &c.
The following persons were chosen for the ensuing year :
Israel Underhill, John Bartow, Jr., Michael Ryer, Augustus Drake, John Bartow, Jr , Israel Underhill,
Supervisor.
Assessors.
Josiah Quimby,
Trustees.
Edward Briggs, Joseph Bowne, Samuel Bayard.
Cornelius Hunt, Constable.
The first settlers of Westchester, appear to have made early provision for the education of the young, and the support of reli- gion among them. This is abundantly seen in the town re- cords. The church at this period was Congregational in its form of government, and so continued until the organization of the English Colonial Church in 1693.a
On the 11th of February, 1680, occurs the following entry in the town books. " There was sprinkled with water by Morgan
« For a long period, Westchester appears to have been associated with Eastches- ter, in the support of a minister .
201
COUNTY OF WESTCHESTER.
Jones, priest, (what they call baptizing) William Hunt, son of John Hunt of Westchester; witnesses present, Joseph Hunt and Bridget Waters." The same year, " Morgan Jones married Isaac Dickerman of this towne, to Bertha, the daughter of Hell- ry Gardner. Recorded by me, Francis French, clerk."a
At a town meeting held in Westchester, April 2nd, 1684, “ it was voted, that the justices and vestrymen of Westchester, East- chester and Yonckers, do accept of Mr. Warham Mather as our minister for one whole year, and that he shall have sixty pound in country produce, at money price, for his salary, and that he shall be paid every quarter. Done in behalf of the justices afore- said, signed by us,"b
John Quimby, Joseph Hunt, John Bayley, John Burkbee.
In the year 1692, the church appears to have been without a minister ; for, " at a lawful town meeting held in Westchester, by the freeholders and inhabitants, and residents of said place, the 2nd day of January, 1692, in order to consult, conclude and agree, about procuring an orthodox minister in said town. It is voated and agreed upon, that there shall be an orthodox minister in the town aforesaid, as soon as possible may be, and to allow him forty or fifty pound per annum, equivalent to money, for his maintenance. Its also voated and agreed upon, that a man shall go to the Honorable Colonel Heathcote, and see if he can prevail with him for to procure us a minister, in his travels in New England, otherwise that Captain William Barnes shall go and procure us a minister."c
On the 15th of Dec., 1692, the general court of sessions ordered, " that within any towne, precinct and patent within this county, due observation of the Lord's day shall be kept, and for want of an able minister, the inhabitants shall employ a reader, to read out of good books, two sermons every Lord's day, (that is to say) one in the forenoone between 9 and 11 o'clock, and one in the
& Town Rec.
b Town Rec.
· Town Rec. p. 198
VOL. II.
26
202
HISTORY OF THE
afternoone between two and four o'clock, at such places as shall be thought meet and convenient by ye inhabitants of such towne, precinet and patent, &c.ª
A LIST OF MINISTERS OF THE CONGREGATIONAL CHURCH, WESTCHESTER.
Instal or call.
Ministers.
1665-6,
Rev. Mr. Brewster,
Vacated by resignation.
1674,
Rev. Ezekiel Fogge, ditto.
1680,
Rev. Morgan Jones, ditto.
1684,
Rev. Warham Mather, ditto.
The first organization of the Episcopal church in this town took place under the act of assembly passed September, 1693. entitled " An act for settling a ministry and raising a maintenance for them in the city of New York and the counties of Richmond, Westchester, and Queen's." To the above act was added as fol- lows on the 11th of May, 1697, " that there shall be called and inducted and established a good sufficient Protestant minister to officiate and have the care of souls within one year next and after the publication hereof. In the county of Westchester two, one to have the cure of Westchester, Eastchester, Yonkers, and the manor of Pelham,"b &c., &c.
The subjoined order relates to the erection of the first Episco- pal church in Westchester.c
" At a meeting held by the trustees this 4th of September, 1700, present, Josiah Hunt, president, Edward Waters, Joseph Haviland, John Hunt, Joseph Bayley, John Ferris, sen., and Richard Ponton. It is voted and agreed upon that all who shall cart timber and stuff for the meeting house shall have six shil- lings per diem, &c., done in behalf of the freeholders and com- monality of the town."d
a Town Rec.
b Acts of provincial assembly, N. Y., from 1691 to 1725, p. 23.
c The exact date when the Congregational meeting house was erected here is uncertain ; it must, however, have fallen into decay sometime prior to the erection of the Episcopal church.
d Town Rec.
203
COUNTY OF WESTCHESTER.
At a subsequent meeting of the trustees held on the 26th of October, A. D. 1700, " It was voted that Richard Ward shall build the meeting house twenty-eight feet square, with a turret on the top, for forty pounds."a
The first rector of the parish was the Rev. John Bartow. " This individual (remarks Dr. Hawkins,) was appointed mis- sionary on an annual salary of £50, in the year 1702. He ar- rived in New York in ten weeks, during the prevalence of a very fatal sickness, of which twenty persons, on an average, died every day for some months. He was fixed at Westchester by the governor, Lord Cornbury, but found the glebe of one hun- dred acres "all a wilderness," no part of which had ever been cultivated. He says, November 4th, 1702, " we have a small house built here for public worship of boards, but there is neither desk, pulpit, nor bell in it."b
Here follows the Bishop of London's license to John Bartow, clerk.
a In 1792 the frame work of the old church was sold by order of the vestry to Mrs. Sarah Ferris, widow of Benjamin Ferris, who afterwards converted it into a barn. It is now owned by her son-in-law, Captain E. Hawkins. The frame work measures exactly twenty-eight feet square, according to the specification 147 years ago. The posts are sixteen feet high.
b Hawkins' Hist. Notes of Colonial Church, 276. MS. Letters, vol. i. 1, 55.
c We take the following extracts from Queen Anne's instructions to Lord Corn- bury, dated December 5th, 1702. " Article 6th. And whereas the inhabitants of our said province have of late years been unhappily divided, and by their enmity to each other, our service and their own general welfare have been very much ob- structed, you are therefore in the execution of our commission to avoid the engaging yourself in the parties which have been formed amongst them, and to use such impartiality and moderation to all as may best conduce to our service and the good of the colony."
Article 60. " You shall take especial care that God Almighty be devoutly and duly served throughout your government, the book of common prayer as by law established read each Sunday and holyday, and the blessed sacraments administered, according to the rites of the Church of England. You shall be careful that the churches already built there be well and orderly kept, and that more be built as the colony shall by God's blessing be improved, and that besides a competent mainte - nance to 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 glebe and exercise of his industry. And you are to take care that the parishes be limited and settled as you shall find most convenient for the accomplishing this good work."
204
HISTORY OF THE
Henricus, permissione divina, Londonensis episcopus, dilecto nobis in Christo Johanni Bartow, clerico, salutem et gratiam, ad peragendum officium ministe- riale intra provinciam de Novo Eboraco, in America, in precibus communibus aliisque ministeriis ecclesiasticis ad officium ministeriale pertinentibus juxta formam descriptam in libro publicarum precum, auctoritate parliamenti hujus inclyti regni Anglia, in ea parte edita, et provisa, et canones, et constitutionis, in ea parte legitime stabilitas, et publicatas, et non aliter neque alio modo ; tibi de cujus fidelitate morum integritate literarum scientia summa doctrina et diligentia plurimum confidemus, (præstituta penitus parte juramus totam de agnoscendo regiam supremam majestatam, juxta vim formam et effectum sta- tuti parliamenti dicti regni Anglia, in ea parte editi et provisi, quam de canon- ica obedientia nobis et successoribus nostris in omnibus recitis et honestis per te præstanda et exhibenda subscriptisque pertinentibus illis articulis mentiona- tis in tricesimo sexto capitulo libri constitutorum, sive canonum ecclesiastico- rum, anno Domini, 1604, regia auctoritate editorum et promulgatorum licentiam facultatum nostram concedimus et impertamur per precedentes, ad nostrum beneplacitum dum tanat duraturas, in cujus rei testimonium sigillam nostram,
" 61. You are not to prefer any minister to any ecclesiastical benefice in that our province without a certificate from the Right Rev. father in God the Bishop of London, of his being conformable to the doctrine and discipline of the Church of England, and of a good life and conversation, and if any person preferred already to a benefice appear to yon to give scandall, either by his doctrine or manners, you are to use the best means for the removal of him, and to supply the vacancy in such manner as we have directed."
" Article 62. You are to give order forthwith (if the same be not already done,) that every orthodox minister within your government be one of the vestry in his respective parish, and that no vestry be held withont him, except in case of sickness, or that after notice of a vestry summoned he omit to come."
" Article 63. You are to examine whether there be any minister within your government who preaches and administers the sacraments in any orthodox church or chapel without being in due orders, and to give an account thereof to the said Bishop of London."
" Article 64. And to the end the ecclesiastical jurisdiction of the said Bishop of London may take place in that province so far as conveniently may be, we do think fit that you give all countenance and encouragement to the exercise of the same, excepting only the collecting to benefices, granting licences for marriages, and probate of wills, which we have reserved to you, our governor, and to the com- mander-in-chief of our said province for the time being."
" Article 65. We do further direct that no schoolmaster be henceforth permitted to come from England and to keep school within our province of New York without the license of the said Bishop of London, and that no other person now there or that shall come from other parts be admitted to keep school without your license first obtained," &c. The original document is in the possession of Mr. Hayward, West 13th street, New York.
205
COUNTY OF WESTCHESTER.
(quam in similibus plerumque utimur,) præsentibus apponi fecimus dat vicesimo secundo die mensis Junii, anno Domini millesimo septengentesimo, secundo nostra translatione vicesimo septimo."a
The first election for church officers, occurs the year of Mr. Bartow's arrival. " At a meeting held in the borough town of Westchester, by the parishioners of said church, pursuant to an act of general assembly, " entitled an act for the settling a minis- try and raising a maintenance for them, &c.," and Mr. John Bartow being settled minister of said parish, and his maintenance ought to be taken care for, do voluntarily make choice of the vestry and churchwardens, the 12th day of January, the first year of his majesties reign, A. D. 1702.
Present.
Mr. Justice Pell,
Mr. Justice Willett,
Mr. Justice Josiah Hunt,
Mr. Justice John Hunt, Mr. Justice Graham, Mr. Justice Bayley.
Churchwardens.
Lieutenant Col. Graham, Justice Josiah Hunt.
Vestrymen.
Thomas Baxter, sen.,
Joseph Haviland,
Joseph Drake,
Thomas Pell,
John Archer,
Miles Oakley,
John Buckbee,
Daniel Clark,
Thomas Hunt, senr. of West Farms,
Peter le Roy.
Edward Collier, clerk. Erasmus Allen, Messenger.
It is agreed upon by the said justices and vestrymen, that there shall be raised fifty-five pounds for the minister's maintenance, and poor of the parish. The quotas for each precinct is as fol- loweth :
Westchester, £27 18 0
Morris Anna,
3 70
Eastchester,
7 13 0
Pelham, 1 13 0
Rochelle, 7 30
Yonkers,
7 60
£55 00
· Probate Rec. New York, lib. vi.
206
HISTORY OF THE
To be paid unto the churchwardens, at or before the 15th of December, next ensuing."
From a summary account of the state of the church in the province of New York, as it was laid before the clergy, convened Oct. 5th, 1704, at New York, &c., we learn that there was a church built, but not finished, being neither glazed nor ceiled." " There is £50 settled on the minister's salary by act of Assem- bly." " There is twenty-three acres of land given by Westches- ter division, for a glebe,a &e. " At the end of two years," Mr. Bartow speaks with thankfulness, of having, " by the blessing of Almighty God, been made instrumental in making many pro- selytes to our holy religion, who are very constant and devout, in and at their attendance on Divine service; and, those who were enemies at my first coming, are now zealous professors of the ordinances of our church. The inhabitants of our parish live scattered and dispersed up and down in the woods, so that many cannot repair constantly to the church, by reason of their great distance from it." Mr. Bartow appears, by his letters, to have been in the habitb of making collections in his church for any very urgent cases of distress. Thus we have the following notices : " September 5th, 1703, came a distressed woman, widow of Maynard, through Westchester, who had nine children mur- dered by the Indians. Collected for her in the church, eleven shillings and six pence." The following Sunday he made a similar collection for a poor man. Besides Westchester at which he resided, Mr. Bartow officiated once a month at Eastchester, and occasionally at Yonkers. The population of Westchester was about five hundred and fifty : that of Eastchester, four hun- dred, &c.c
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