A history of the county of Westchester, from its first settlement to the present time, Part 4

Author: Bolton, Robert, 1814-1877. cn
Publication date: 1848
Publisher: New York, Printed by A.S. Gould
Number of Pages: 640


USA > New York > Westchester County > A history of the county of Westchester, from its first settlement to the present time > Part 4


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55


Signed, sealed and delivered.


Thomas Revell,a


John Coe, Thomas Clowes. Humphrey Hughes.


The mark of " Shanarocke.


4 Nanderwhere.


Napockheast.


- Howhoranes. Kawmaquaie.


Rackeat.


Pawwaytaken.


Cockensseco.


1281019


& Probably Thomas Pell ; see vol. i. 286.


36


HISTORY OF THE


Know all men, English and Ingains, that whereas Shanarocke sold John Budd all the land from the sea to Westchester path, I Shanarocke marked trees by Penning path do hereby give and grant and acknowledge that I have received full satisfaction of him, and according to the true intent of these bounds, he the sayd John Budd is to have and enjoy all the land by the Blind brook to Westchester path, in witness my hand.


Witness the


The mark of Shanarocke, D.


mark of _ Cokeo.


The mark of Remaquie.


Peter Disbrow.


11 month, 5 day, 1661.


Know all men whom this may concern, that I Shanarocke, sachem, have bargained, sold and delivered unto John Budd, the islands lying south from the neck of land the sayd John Budd bought of me and other Ingains, and have received full satisfaction of Thomas Close for the said John Budd's use and due warrant the sale above written in the presence of Thomas Close and William Jones.


The mark of " Shanarocke, sachem.


To John Budd.


Another bill of sale occurs a few days later for the lands east of the Mamaroneck river.


11 month, twelfth day, 1661.


Know all men whom this may concern, that I Shanarocke, Rawmaqua, Rackeath, Pawwaytaham, Mawmatoe, Hawing, have bargained sold and de- livered unto John Budd a neck of land, bounded by a neck of land he bought of me and other Ingains on the south, and with Merremack river on the west, and with marked trees to the north, with twenty miles for feeding ground for cattle with all the woods, trees, marshes, meadows and rivers, and have re- ceived full satisfaction in coats and three score faddom of wampum of Thomas Close for the said John's use, and to engage myself to warrant the sale there- of against all men, English, Dutch and Ingans, and for the faithful perfor- mance hereof, I have set my hand in the presence of Thomas Close and Wil- liam Jones, the day and year above written.ª


The mark of Shanarocke. Rawmaqua. Hawnois. Peam, his mark. Raze, his mark.


& Col. Rec. Hartford, vol. i. p. 333, 4.


37


COUNTY OF WESTCHESTER.


A. D. 1665. John Budd, sen., grants to John Morgan and John Concklin of Flushing, lands situate in Rye upon the south- eastern neck, " bounded west by Mamaroneck river, east by a great rock in a bottom, south with the creek, and north by marked trees."a


The next year, John Budd obtains a confirmation of his Apaw- quammis lands from the Indians, together with an additional grant of territory extending sixteen miles north of Westchester path.


To all Christian people, Indians and others living on Hudson's river in America, Shanarocke, sagamore, and Rawackqua and Pathung, as we have formerly sold a tract of land unto John Budd, bounded by the sea on the south, on the north by Westchester path, and the name of the tract of land is com- monly called Apawamis, and whereas we have sold unto said John Budd twenty English miles northward from the above said tract of land which is called by Apawamis, the above said twenty English miles we do acknowledge that we have sold unto Mr. John Budd for range, for feed, for timber, for graseing, to him and his heirs for ever, and now we doe acknowledge that we have bargained, sold and delivered, we and every one of us, for our heirs, ex- ecutors or assignees jointly and severally unto John Budd, his heirs, execu- tors or assignees a tract of land lying within the compass of the above said twenty English miles, bounded on the south by Westchester path, and on the east by the Blind brook, and on the west by Mamaroneck river, and the north bounds is sixteen miles English from Westchester path up into the country, for which land we received already in hand a certain sum, to the value of £20 sterling, for the abovesaid tract of land ; for which land we are fully satisfied by the said John Budd, for the above said tract of land, for the which we doe acknowledge we have bargained, sold and delivered unto John Budd and his heirs for ever, with warrantee against all men, English, Dutch and Indians, and doe give him full possession, and promise so to keep him, to the whichi bargain and agreement, we have hereunto set our hands this day, being the 29th of April, 1666.


Witness, Joseph Horton,


Witness, John Rawls, The mark of Coco, Indian.


Shanarocke, Romackqua, Pathung,


Sachems.


The proprietors of Rye appear to have viewed these extensive purchases of John Budd, with no little degree of anxiety, for we


& Col. Rec. Hartford, vol i p. 333, 4.


38


HISTORY OF THE


find the following petition dispatched to the general court by the inhabitants of Rye, on the 2d of October, 1668.


The humble petition of the inhabitants of the town of Rye, to the Right Honorable the Governor and the rest of the gentlemen of the general court at Hartford.


May it please your Honor, with the gentlemen of the general courte, to understand that about four years since, that John Budd did present a paper with several names to it, of inhabitants on his neck or island, so called and patented. It was for the settling of himself and children ; on which we conceived had it been per- formed it had done noe great injury to the towne ; but he noe ways pretended it, as doth agree, but hath and doth dayley let it and settle people upon it, extreamely prejuditiall to the towne, without the towne's approbation, which wee humbly conceave may be our injury if not speedily prevented ; Doe humbly request that neck of land may be delivered up to the town, we paying him by Indian purchases with interest, he abating for what land he hath sold, if not prejuditiall to the towne. And them that are prejuditiall, may be removed, and that you would be pleased to depute two or three persones whom you shall think meet, to come and settell amongst us with what speed may be. Soe we rest your humble petitioners.


Peter Disbrow, William Woodhull, Robert Bloomer,


Richard Coules, John Brondig, Stephen Sherwood,


Timothy Knapp, Thomas Browne, George Lane.


"On the 15th of October, 1672, the general courte assembled at Hartford, ordered that Mr. Budd and those of Rye, that have ap- propriated the lands of Rye to themselves shall appear at general court in May next, to make appear their right. For the general court intends to settle those lands according to righteousness, that no plantation may be discouraged, and plantation work may goe forward to better satisfaction than formerly."a


The court must subsequently have confirmed John Budd, in his rights as proprietor, for we find him in 1681-2, granting a piece of meadow land lying westward of John Ogden, to John Horton.b


a Hart. Rec. vol. iii. 29.


b Co. Rec. Lib. B. 84.


39


COUNTY OF WESTCHESTER.


In 1685, John Budd, of Southhold, in New England, sold to Joseph Purdy a certain tract of land in Rye, lying and being upon the neck called Epawainos, bounded on the east by Blind Brook, &c., &c. Also a parcel of land upon the same to Judith Brown and Joseph Ogden, 29 April, 1685.a


The following orders were issued to the surveyor general, by his Excellency the governor in council, the 20th of February, 1695-6 : "you are hereby required to survey and lay out for Joseph Budd in order to a patent, all the land contained in an Indian purchase in Westchester Co., made A. D. 1661 ; from the Sound to the marked trees near Westchester path, bounded on the west by the Mamaroneck River, on the east side by parte of Blind Brook," and this shall be to you a sufficient warrant.b


Benjamin Fletcher to Anthony Graham, Surveyor General, by order of council :


In consequence of the unsettled state of the boundary lines be- tween the two colonies of New York and Connecticut, Joseph Budd failed in obtaining his patent at this time.


The general court also refused him a patent for his paternal lands in 1710, upon the ground that the former patent granted was sufficient.c It was not until the year 1720 that the Crown confirmed the Budd purchase by letters patent under the great seal of the province of New York, to Joseph Budd, John Hought and Daniel Purdy, the patentees yielding and rendering therefor yearly, to the governor, on the feast day of the blessed Virgin Mary, commonly called Lady day, the annual rent of one pound nineteen shillings.


CHARTER OF RYE NECK.


" George, by the grace of God King of Great Britain, France and Ireland, Defender of the Faith, &c. All to whom these presents shall come, sendeth greeting ; whereas our loving subjects Joseph Budd, John Hought, and Dan- iel Purdy, inhabitants of the town of Rye, in the county of Westchester, by their petition presented to our trusty and well beloved Colonel Peter Schuyler,


A Co. Rec. Lib. A. p. 14.


৳ Indian Deeds, Alb. Rec. warrant for survey, Lib. i. 39.


c Hart. Rec. vol. iv. 121.


40


HISTORY OF THE


president of the council for our province of New York, have set forth that in virtue of a purchase made by John Budd in his lifetime, the father of the afore- said Joseph Budd, by licence from the governor of Connecticut colony, bear- ing date the eighth day of November, one thousand six hundred and sixty, of a certain tract or part of land in the bounds of the township of Rye, in the county of Westchester, then called Apawquammis, bounded east by a river then called Matquams river, southerly by the sea or sound against Long Island, now called the Island of Nassau, westerly by a river then called Poilhstoroak river, and northerly by marked trees near Westchester path, they the said petitioners, with divers others of our loving subjects, inhabitants of the same township of Rye, who have and do hold and enjoy the same tract of land by, from, or under the same John Budd and his heirs and assignees, have culti- vated and improved the same at their great charge and great labour and in- dustry, and have been and are now hitherto peaceably and quietly possessed thereof, praying to have the same confirmed to them by letters patent under the great seal of the province of New York, in the manner as is hereafter de- scribed, (that is to say) all that tract or neck of land in the township of Rye, in the county of Westchester, in the province of New York, now called Budd's purchase, beginning at a certain grist mill called Joseph Lyon's mill, standing on a brook called Blind brook, thence up the stream of said brook including the said mill, until it meets with a small brook called or known by the name of Bound brook, then on a north-west course until it meets with Westchester old road, thence south-westerly along the said road as it runs to a white oak tree marked on two sides, standing on the west side of a certain brook known by the name of Stoney brook, which white oak tree is the south-west corner of a certain patent called Harrison's patent, then from said white oak in a north- west course to an ash tree marked on two sides, standing on the east side of Maraneck river, close by the edge of said river as it runs to the place where said Maraneck river emptys itself into Maraneck harbour or neck, then south- erly to where said Maraneck harbour or creek falls into the Sound, then easterly all along the Sound untill it meets with a certain creek called Mill creek, on the head whereof the aforesaid grist mill of Joseph Lyon is standing, thence up the channel of said creek as it runs until it meets the aforesaid grist mill where it first begun, bounded easterly by Blind brook and Mill creek, northerly by Westchester road and Harrison's patent, westerly by Mara- neck river and harbor, and southerly by the Sound, together with a small island called Hen Island, lying in the Sound over against the said lands, about a quarter of a mile from the main, containing in the whole, main land and island, 1560 acres, to hold to them and their heirs and assignees forever, but to and for the use and uses following, and to no other use whatsoever ; (that is to say) as for and concerning such tracts of land hereditaments, part of the before recited tracts of land and island whereof the said Joseph Budd, John Hought and Daniel Purdy are and stand lawfully and rightfully seized and possessed in their own several and respective. rights, interest and estate, to


COUNTY OF WESTCHESTER.


and for the sole and only proper use, benefit and behoof of the aforesaid Joseph Budd, John Hought and Daniel Purdy, severally and respectively, and of their several and respective heirs and assignees forever, and as for and concerning such other tracts of land, parts of the before recited tract of land and island which are belonging and appertaining to several other persons, freeholders and inhabitants within the bounds of the same tract of land and island, some more and some less, allowing to their several, separate, and particular interest, in trust to and for the sole and only proper use, benefit and behoof of each par- ticular freeholder and inhabitant, particularly and respectively, and of each of their particular and respective heirs and assignees forever; in as full and ample manner as if their names were particularly and severally mentioned and ex- pressed, and their particular and several freeholds were particularly and seve- rally mentioned and described under the usual quit rent, with the usual clauses, provisions, conditions, limitations and restrictions as are limited and appointed by our royal instructions for granting of land in our said province. Which request we being willing to grant, Know ye, that of our especial grace, certain knowledge and mere motion, we have given, granted, ratifyed and confirmed and do by these presents, for us, our heirs, and successors, give, grant, ratify, and confirm unto the said Joseph Budd, John Hought and Daniel Purdy, and to their heirs and assignees forever, all that the aforesaid tract of land and island before it, containing in the whole 1560 acres, in manner and form as last mentioned and described, together with all and singular, woods, under- woods, houses, edifices, buildings, barns, fences, orchards, fields, feedings, pastures, meadows, marshes, swamps, ponds, pools, waters, water courses, rivers, rivnlets, runs, and streams of water, fishing, fowling, hunting and hawk- ing, quarries, mines, minerals, standing, growing, lying and being, or to be had, used and enjoyed, within the limits and bounds aforesaid, and all other profits, benefits, liberties, privileges, hereditaments, and appurtenances to the same belonging or in any ways appertaining ; and all that other estate right, title, interest, benefit, claim, and demand whatsoever, of, in, or to the same, and the reversion and reversions, remainder and reinainders, and the yearly rents and profits of the same, excepting and always reserving out of this our own pre- sent grant, unto our heirs and successors forever, all such fir trees and pine trees of the diameter of twenty-four inches, at twelve inches from the ground or root, as are or shall be fit to make masts for our royal navy, as also such other trees as are or shall be fit to make plank or knees for the use of our royal navy only, which now are standing, growing or being, or which for ever hereafter shall be standing, growing or being, in or upon any of the said tract of land and island, with free license and liberty for any person and persons whomsoever, by us, our heirs and successors, or any of them, to be thereunto authorized and appointed under our or their sign manuel, with workmen, horses, waggons, carts and carriages, and without, to enter upon and come in- to the same tract of land and island, and there to fell and cut down, root up, hew, saw, rive, split, have, take, cart and carry away the same, trees, planks, VOL. II.


6


42


HISTORY OF THE


masts and knees for the use aforesaid, and also, except all gold and silver mines, to have and to hold all that, the aforesaid tract of land, and island before it, containing in the whole, 1560 acres, and all other the above granted premi- ses, with the hereditaments and appurtenances, (excepting only as before is excepted and reserved) unto the aforesaid Joseph Budd, John Hought and Daniel Purdy, their heirs and assignees forever, but to and for the uses fol- lowing, and to and for no other use whatsoever, (that is to say) and for and concerning such tract of land and hereditaments, part or parts of the before recited tract of land and island herein and hereby granted, whereof them thie said Joseph Budd, John Hought and Daniel Purdy, are, and stand lawfully and rightfully seized and possessed, in their own several and respective rights, in- terest and estate, to and for the sole and only proper use and benefit and be- hoof of the said Joseph Budd, John Hought and Daniel Purdy, severally and respectively, and their several and respective heirs and assignees for ever, and as for and containing such other tracts of land and hereditaments, part or parcel of the before recited tracts of land and island herein and hereby granted, which are or shall be belonging and appertaining to several other persons, freeholders and inhabitants, within the bounds of the same tract of land and island, some more and some less, allowing to their several separate and par- ticular estates and interests in trust, to and for the sole and only proper use, benefit and behoof of each particular freeholder and inhabitant, particularly and respectively, and of each of their particular and respective heirs and as- signs forever, in as full and ample manner, as if their several names and their several respective freeholds and inhabitants, were particularly and severally described and expressed in these presents, to be holden of us, our heirs and successors, in free and common socage, as of our manor of East Greenwich, in the county of Kent, within this realm, yielding, rendering and paying there- for unto us, our heirs and successors. unto our and their receiver general for the province of New York, for the time being at our custom house in the city of New York, yearly and every year for ever, on the feast day of the Annun- ciation of the blessed Virgin Mary, commonly called Lady day, the annual rent of two shillings and sixpence for every hundred acres of the said tract of land and island, and so proportionable, for a smaller quantity (that is to say) the sum of one pound nineteen shillings, for the whole tract of land and island, in lieu and stead of all other rents, services and duties and demands whatso- ever, for the same tract of land, island and premises so granted as aforesaid, provided always, and these presents are upon this condition, that the same Joseph Budd, John Hought and Daniel Purdy, and the other freeholders and inhabitants of the same tract of land and island so granted as aforesaid, and their heirs and assigns, some or one of them have, or shall within the term and space of three years next ensuing the date hereof, settle, clear and make improvement of five acres of land at least, for every fifty acres of the said tract of land and island, and so proportionably for a larger or smaller tract or


43


COUNTY OF WESTCHESTER.


part thereof, and in fault thereof, or if the said Joseph Budd, John Hought and Daniel Purdy, and the other inhabitants and freeholders of any part or parts of the said tract of land and island, or their heirs and assigns or any of, them, or any other person or persons, by their or any of their privity, consent or procurement, shall set on fire and burn the woods in the same tract of land and island, or any part thereof, to clear the same, that then and in either of these cases, this our present grant, and every article and clause thereof, shall become void, cease and determine any thing in these presents to the contrary thereof, in any way notwithstanding we do hereby will and grant, that these our letters shall be made patent, and that they and the record of them, in our surrogates office, of our province of New York, shall be good and effectual in the law, notwithstanding the neat, true and well reciting of the premises, or of the bounds thereof, or of any forever, or other letters patent or grant. for the same made or granted to any other person or persons, body corporate or politic whatsoever, by us or any of our royal ancestors or predecessors, any law or other restraint, uncertainty or imperfection whatsoever, to the contrary hereof in any ways notwithstanding. In testimony whereof we have caused the great seal of our province of New York, to be affixed to these presents, and the same to be entered of record in one of the books of patent in our said secretary's office remaining. Witness our said trusty and well beloved Colonel Peter Schuyler, President of our Council for our province of New York in council, at Fort George in New York, the 28th day of July, in the sixth year of our reign, A. D. 1720.ª


The Budd or Rye neck patent was subsequently divided among the following proprietors, viz. James Gedney, 102 acres. Daniel Purdy, drummer of Rye, 40 acres. John Carpenter, a portion joining Mamaroneck river. Mr. William Bowness of Rye, 2 acres. That portion called the Gusset to Joseph Ogden. A second of 30 acres to Joseph Lyon. Daniel Purdy, 3 acres. Monmouth Hart, 15 acres. James Wood, 5 acres. Archibald Titford, 18 acres. The residue to John Budd.


25 March, 1745. Peter Jay leased of John Budd 250 acres, and obtained a release for the same the succeeding day.b


The name of John Roome occurs as lessee for the whole pa- tent, of 1560 acres, the same year.


4 September, 1746. Peter Jay purchased four acres of mea- dow on Hen Island of Monmouth Hart.c


a Alb. Rec. Book of Patents, Lib. viii. 387, 461,


b Co. Rec. Lib. R. 132, 133, 128.


& Co, Rec. Lib R. 138.


44


HISTORY OF THE


The partition deed between Sir James Jay, Peter Jay, John Jay and Frederick Jay, sons of Peter deceased, recites " that Peter Jay deceased devised all his real estate to his four sons, and conveyed in severalty to Peter Jay the Rye farm, as convey- ed by John Budd to Peter Jay deceased by lease and release of 25th and 26th of March, 1745.ª


The Jays have since added to their original grant by other purchases from the families of the Harts, Gedneys, Guions, and Haines, &c.


Peter Jay by will bearing date, 1st September, 1797, devised all his real estate to his brother John Jay, who thereupon be- came seized of the whole premises in severalty. The Hon. John Jay by a deed, dated 16th September, 1822, conveyed them in fee to the late Peter Augustus, Esq., father of the present pro- prietor, making the fourth generation that has occupied this spot.


The Guions are also owners of a large portion of the Budd or Rye neck patent.


The village of Rye is pleasantly situated upon the New York and Boston turnpike road one mile and a half north of Long Island Sound. The Mockquams, (Blind brook,) a beautiful perennial stream flows through the place, and adds much to the beauty of the surrounding scenery. It derives its source from the romantic hills north of the village. The principal spring is located on the lands of Edwin Keeler. In its progress south this stream, fed by numerous tributaries, affords excellent mill seats.b


The first settlements in the town, (as shown by the Indian deed of 1660,) were made on the island Minnewies or Minussing,


a Extracts from deduction of title.


b In the town records occurs the following entry. " March 3d, 1696. Samuel Lane and Joseph Lyon are, or either of them, permitted to build a fulling or grist mill upon Blind brook, above the town, provided they choose their location in three weeks, and build the fulling mill in three years. This mill is supposed to have occupied the site of the present grist and saw mill of Mr. James E. Beers, so that a mill has stood upon this stream for one hundred and forty years at least. The ancient Budd mills were located near the present stone bridge at the entrance of the village.


45


COUNTY OF WESTCHESTER.


near the Rye Port harbour. To the Island village its proprietors gave the name of Hastings. From this place the early settlers issued their famous declaration, dated


Hastings, July 26, 1662.


" Know all men whom this may concern, that we the inhabitants of Minussing island, whose names are underwritten do declare unto all men, we came not hither to live without government as some suppose, and therefore do proclaime Charles the Second our true Lord and King, and doe voluntary submit ourselves and all our lands that we have bought of the English and Indians under his gracious protection, and do expect according to his gracious de- claration unto all his subjects which we are, and desire to be subject to all his wholesome laws that are just and righteous, ac- cording to God and our consciences, to receive, whereunto we do subscribe.


The mark of Taylor Johnson.


The mark of Moses.


Peter Disbrow. John Coe.


Samuel Allin.


The mark of Thomas Stedwell,


The mark of Robert Hudsone. William Odell.




Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.