USA > New York > Westchester County > Rye > Chronicle of a border town : history of Rye, Westchester county, New York, 1660-1870, including Harrison and the White Plains till 1788 > Part 10
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FREDERICK DE WEISSENFELS.'
' Rye Ferry ' must have been a place of frequent resort for the inhabitants of Rye, to justify the keeping of such an assortment of goods.
At the beginning of the present century, the ordinary and favor- ite mode of travelling to New York and back was by sloop. Sev- eral market sloops ran regularly between this place and the city. Some of them started from . Saw Pit,' now Port Chester ; others from Milton, and others still from Rye Neck. There was a dock below Milton, at Kniffin's Cove, and one known as Jonathan
1 The tariff of prices for ferriage is eurions. These are some of the items : For one person, Is. 6d. Man and horse, 3s. Wagon, eart or carriage, 7s. 6d. Horned eattle over two years old, 2s. : under, Is. Fitch of bacon, or piece of smoked beef, ld. Frying pan or warming pan, 2d. Looking glass of one foot, 6d., and so in proportion, &c. (Records, C. pp. 131, 132.)
2 This appears from a memorandum in the possession of Mrs. David Brown, of Ryc, dated March, 1786.
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MAILS, NEWSPAPERS, MODES OF TRAVEL.
Horton's, near the house of Captain Bouton. In 1803, nine ' market sloops ' ran regularly from Rye to New York ; four from Saw Pit, and one from Rye Neck. There were also three ' packet vessels ' carrying freight and passengers.
In 1812, one sloop ran from Rye Neck to New York, and three from Saw Pit.
CHAPTER X.
THE EIGHTEEN PROPRIETORS.
1660-1744.
0 F all matters that interested the people of Rye in ancient times, their institution of ' Proprietors' was perhaps the chief. The doings of this body fill a considerable part of our town records ; and from these and other sources we derive a tolerably com- plete account of a system which has long since passed away. But nothing that we have been able to learn on this subject has been gained from oral testimony. Since the period of the Revolution, the old proprietary system seems to have been consigned to oblivion. Of the many aged persons whom the writer has conversed with, and from whom he has gained much valuable information, not one has appeared even to have heard of such a body as 'ye Eighteen Proprietors of Peningo Neck.'
Yet the institution was by no means peculiar to this town. Indeed, it has afforded a theme of no little discussion to writers of local history. Many of the towns of Massachusetts and Con- necticut were founded like our own, by organized companies of set- tlers. Usually, these settlers would enter into a written agreement before starting from their homes. An agent or a committee would then be sent to purchase the lands which they designed to occupy from the Indian owners. Having obtained a formal release of the soil from the head men or chiefs of the tribe, they would then make application to the General Court of the colony for the con- firmation of their title. This request was generally granted, and the company became a kind of corporation, known as a ' Propri- etary,' in whom the right to the soil was vested. These propri- etors owned the land as tenants in common, until it should be divided and assigned for individual occupation. Each member of the company was entitled to a certain share of land for immediate use. He also possessed a right or share in the undivided or con- mon lands, by which he could claim his portion of any part of them
6
82
THE EIGHTEEN PROPRIETORS.
that might be distributed at any time. These were called Propri- etors' Rights, and were handed down, in most cases, from father to son, as valuable privileges. Sometimes, however, a proprietor would sell his right in the undivided lands to a new-comer in the settlement, who would thus acquire all the privileges of an original member. More frequently, the proprietor would sell a part of his proprietary right ; and then the new member would become joint owner with the seller, of any lands that might fall to him in future.
Of course, in the origin of every town, this company of propri- etors would be likely to include all the actual settlers : for each person joining the enterprise would expect to share in its privileges, as he must in its dangers and hardships. But with the growth of a settlement, there would come to be a distinction between those possessing such privileges, and others. An individual might be admitted as freeholder in the town, without becoming entitled to the rights of a proprietor. He might purchase lands which had already been divided, or obtain a grant of land from the town ; but this would not secure to him an interest in the undivided lands. So in the course of time the number of inhabitants might exceed that of the proprietors, yet the latter would still retain the exclu- sive control of whatever portion of the public domain remained undistributed and unimproved.
At Rye, the first purchase of land was made, as we have seen, by Peter Disbrow and his companions. These were, at first, John Coe and Thomas Stedwell. Two others soon after appear as associates in the enterprise, John Budd and William Odell. It is doubtful whether they formed any such organized company as ex- isted in the settlement of other towns. The place was remote and almost unknown to the authorities at Hartford, who were very cautious in encouraging a new plantation. There is no evidence that these proprietors sought or obtained a patent from the govern- ment of Connecticut at this period. They appear to have pro- ceeded without the usual formalities, hoping to be recognized in their rights when once securely established in their new venture.
But on the twenty-eighth of April, 1663, Peter Disbrow, John Coe, Thomas Stedwell and John Budd, by a deed of sale, conveyed the island, together with the mainland which they had purchased, to a body of planters. These were seven in number, namely : -
Samuel Alling, Richard Vowles, Philip Galpin,
Thomas Applebe,
William Odell, John Brondig,
John Coe.
83
LIST OF ORIGINAL PROPRIETORS.
Undoubtedly the four grantors of this deed retained their personal interest in the property thus conveyed, so that the new body of proprietors consisted of eleven persons. Another was probably added before long, making twelve. This we suppose to have been the original number of the company afterwards designated as The Eighteen Proprietors of Peningo Neck.1
It will be understood that the lands which this body of men held at their disposal were only those comprehended in the first pur- chase on Peningo Neck. This, as we have said, was the lower part of the tract between Blind Brook and Byram River, south of the present village of Port Chester. All other lands yet un- divided were owned by the town or by other bodies of proprietors, as the White Plains purchase; and ' Lame Will's' traet.
We do not know with certainty when the number of proprietors was increased from twelve to eighteen. But the following circum- stance seems to indicate the time. On the fifth of March, 1676, when fears were entertained of an attack from the Indians, -
' Thomas Lyon and Thomas Brown are appointed to choose a house or place to be fortified for the safety of the town. Also the young men who come into the fortification, and remain during the troubles, are to have an equal proportion of the undivided lands, provided they be such as the town approve.'
This measure would of course require an increase of the pro- prietary body ; and in point of fact we find that several persons about this time begin to appear as proprietors. Meanwhile some of the first settlers leave the enterprise, selling their rights to others ; so that by the year 1690 the list of names has undergone material change. At that date it consisted probably of the follow- ing : -
Peter Disbrow, Richard Vowles, John Banks,
John Coe, John Ogden, John Purdy,
Thomas Stedwell,
Philip Galpin, Thomas Merritt,
George Kniffin, Jacob Pierce, John Merritt,
John Brondig, George Lane, Thomas Brown,
William Odell,
Isaac Sherwood, Hachaliah Brown.
The company in due time took its permanent name, that of ' The Eighteen Proprietors of Peningo Neek.' This title seems to 1 In 1666, John Coe sold to Hachaliah Brown ' one half of a twelfth lot, with all the privileges thereunto belonging.' (Town Records, B. p. 3.)
A list apparently of the proprietors in 1683, comprises fourteen names, namely, Stephen Sherwood, Jonathan Vowles, Peter Disbrow, John Boyd, Timothy Knap, George Knifen, William Odell, John Brondig, Thomas Brown, Deliverance Brown, John Merrit, Francis Purdy, George Lane, Thomas Merrit. (Records, B. p. 48.)
84
TIIE EIGHTEEN PROPRIETORS.
have been abridged in ordinary parlance to that of ' The Eighteen.' And it remained unchanged long after the name had ceased to rep- resent the actual number of partners. For while there continued to be but eighteen full or entire shares, the number of persons hold- ing them increased considerably, in the way already described. Parts of shares were often sold, and the purchasers obtained a right to the specified proportion of the undivided lands remaining.
These fractional shares were sometimes produced by the division of an estate ; two brothers, for instance, holding each one half of an eighteenth part of the common lands. Thus, in 1706, John Odell of Fordham sells to George Kniffin his interest in the undi- vided lands ' below the marked trees, which belong to the Eight- een,' namely, 'a thirty-sixth part of said lands, which was his deceased father, William Odell's.'
In 1717, Samuel Odell, Jr., of Westchester, sells to the same 'a full quarter part of three lotments of land in the Eighteen of Rye, and one quarter part of all the undivided lands within the limits of the said Eighteen.'
In 1736, Robert Bloomer and Joseph Kniffin convey to Caleb Wetmore, for the sum of twenty-five pounds, ' one five-eighths of a twenty-sixth part of all undivided lands'in Rye, to which they ' have any right by virtue of proprietorship, or grants made to them by the ancient proprietors of Rye.'
In the same year, the same parties, who seem to have made a specialty of this kind of traffic, sold to John Disbrow for twenty pounds current money of New York, 'the one equal fifty-second part and share of all the undivided lands unto which we have right by virtue of our proprietorship,' etc.
The purchasers of these rights laid much stress upon the fact that they thus acquired all the privileges of original proprietorship in the place. Of this we find some curious examples.
Thus, in 1726, John and Jonathan Brondig sell to Justus Bush, ' Merchant of the city of New York,' for eight pounds, ' one eight- eenth part or proportion of undivided land in a certain purchase of land known by the name of Peninggoe neck purchase, now called Rye.' And in 1745, Anne, widow of Justus Bush, conveys to her youngest son Abraham, all the rights in Peningo Neck pur- chase belonging to his father, ' who was one of the eighteen pro- prietors.'
In 1745, John Glover, of Newtown, Connecticut, late of Rye, releases to Joseph Haight his right as a ' descendant of the ancient proprietors of the said town of Rye by purchase,' as that right ' was released to him by Robert Bloomer and Joseph Kniffin.'
85
GRANTS OF THE PROPRIETORS.
The proprietors met for the transaction of business twice every year, usually in the spring and fall. The records of their proceed- ings that have been preserved, are contained in the same books with those of the town meetings, but are entered separately. The first of these volumes now extant, is entitled ' Town and Proprie- tors' Meeting Book, No. 3 or C.' Here are some of the earliest entries, which may serve as specimens of the transactions : -
' At a meting of the Proprietors of penningo nack doth agree to keep the feld intier while the least day of october in yere 1698.'
February 27, 1698-9, ' the said proprietors doe agree and make choice of Hacaliah Brown, Deliverance Brown, John Merritt, Robert Bloomer and John Stoakham, to lay out what lands of theire propriety they shall see convanient, also to lay out high wayes or other out lets as they shall see good in the said propriety, and further wee doe impower these aforesaid men to bargaine with and sell unto John Lyon a certain tract of land lying up Byram River if they shall see good and convanent soe to doe.'
The proprietors at the same meeting 'acknowlidg that they have formerly granted nnto Thomas Merritt senior, a parsil of Land commonly called the Pine island which land is joyning to the said Merritt's medow and all other wayes bounded with salt water.'
They likewise confirm to John Lyon a parcel of land 'lying against the mill betwen the cartway down into the nack and the mill creak bounded up the said creek by John Hoit's meddow and to Run down the said Creek till it comes to John Boyd's maddow provided the said John Lyon doe not praiadice the carte way into the nack nor the way to the mill naither shall hee hinder any par- son from settin up thare field fence if they have accassion.'
At the same meeting ' the said propriators do grant unto the towne of Rye a parcell of Land of four Rodd square for the said towne sett a house upon Lying as convanient as may be on that lott where the town hous now stands.'
They also grant unto Deliverance Brown a parcel of land ' be- low his first parcel of meadow commonly called the Scotch Capps point.'
November 28, 1699, the proprietors exchange a certain lotment belonging to them for one that Richard Ogden holds ' lying at a place commonly called the pulpitt.'
September 14, 1700, they appoint Hacaliah Browne and Isaac Denham to lay out a home-lot for Francis Purdy, junior, and John Merritt, junior, each, ' above the Lotte of Thomas Merits iuner.'
August 29, 1707, a committee is appointed by the proprietors to
86
THE EIGHTEEN PROPRIETORS.
' view the records to see whether Joseph Studwell has any grant to change the third part of a Lott lying by the Steep Hollow for Land ioining to his home Lott and if there be no such grant found as above said ' then they are ' to give the said Studwell warning to pull the fence down about what land he hath fenced in which has not bin Layd out unto the said Studwell.'
From time to time, at these meetings, a new division of the com- mon lands was ordered. Persons were chosen as 'layers out,' to define and distribute the new allotments. Their office was one of some responsibility, and not unfrequently, though the wisest and discreetest seem to have been chosen to it, their decisions appear to have failed to satisfy the parties interested. A report of a com- mittee of ' layers out' in 1711, shows among other things what care was exercised to guard the rights of orphans and non-resi- dents, a precaution of which we find other proofs beside : -
' Know all men by these presents that we whose names are here under writtne haveing binn chosen by the proprietors of peninggoe neck to Lay out severall divisions of Lands within the bounds of said proprietors as by the records reletion thereto being had may apere we have accordingly so done and do make returne to said proprietors in maner as followeth we have Layd out four divitions and in each divi- tion eightteen lottments and have takne care to lay out the said lott- ments in each divition all so good each as the other in quantity or quallity according to the best of our discretion the said proprietors haneing takne care when said divisions of lottments were drawn for in respect of orphans and forrainers and did allow of severall parsons to draw for their lottments in their behalfs whose names are hereafter expressed to say George Kniffen were allowed to draw in the behalf of the Odills and John Stoakham in the behalf of Samuell Banks and Mr. Isaac Denham in the behalf of the Pearses and John Meritt in the behalf of John Boyd and John Disbrow in the behalf of his brother Peter Disbrow deceased the said lottments so drawn for with the num- bers thereof may appear upon records as wittness our hands this 30th day of November anno domini 1711.'
The allotments were of eighteen acres each. On the same day, a division of the 'Branch Ridge lots' were made, of five acres each.
Various other matters besides the distribution of lands engaged the attention of the proprietors. In 1711, they 'agree to build a school house upon their own charge.' In 170s, they lay out a tract of land for a sheep pasture. In 1709, they grant to Isaac Denham ' liberty to make a woulf pitt on the pull pitt plaine, and to fence in half an acre of land about ' it.
87
LAST DIVISION OF LANDS.
One of the last meetings of the proprietors, of which we have any full account, was held November 23, 1731. At this meeting, a committee was chosen to lay out and distribute the undivided lands remaining, and sell, and appropriate the proceeds of the sale for their trouble. Some small parcels are mentioned as still left. About this time probably the affairs of the company were wound up, and it soon ceased to be.1 There were common lands held and distributed long after this period ; but these belonged to the town, being outside of the proper limits of the first purchase on Peningo Neck.
A ' last division of Peningo Neck ' is mentioned in 1751, as hav- ing occurred since 1744. Among the lands then distributed was a tract on the Boston road, above the house where Mr. Ezrahiah Wetmore now lives. In this division a parcel of land was laid out ' to the Lyons.' 2
1 It was so in other places where the proprietary system had prevailed. At Nor- wich, about the same time, - in 1740, -' the final division of the common lands was made, the accounts of the proprietors closed, and their interests merged in those of the town.' ( History of Norwich, by F. M. Caulkins, 1866, p. 95.)
2 Rye Records, D. 33; comp. C. 188.
CHAPTER XI.
RYE IN CONNECTICUT. - THE TOWN AND THE GENERAL COURT.
1664-1700.
A T the time when Rye was settled, in 1660, there were within the present limits of Connecticut sixteen plantations dignified with the name of towns. Each of these was .a petty commonwealth by itself, maintaining, within a certain district, a government of its own choice. The inhabitants of this dis- trict elected their own local officers, framed their own codes, cared for their own common interests. Assembled in town meet- ing, they discussed and determined all questions relating to local improvements and expenses ; they took action as to the opening of roads, the building of bridges, the levying of taxes, the support of the poor, and many other matters. They exercised also the right to grant or deny applications for admission to citizenship. Two deputies, chosen by a majority of voters in each town, took part with magistrates also chosen by the people in the general govern- ment. The legislature thus constituted, known as the General Court, met in the spring and fall of each year at Hartford. With this law-making body, and a governor and other high officials of their own election, the people of Connecticut were already, more than a hundred years before the Revolution, an in- dependent State.
Our little island settlement of Hastings was never a 'town,' in the strict sense of the word, though honored with that title in the records of the General Court. It was not enumerated among the plantations of the colony, nor had it any deputy in the Court. The following is the earliest mention of the settlement : -
' HARTFORD, October 8th, 1663.
' Int John Bud is appoynted Commissioner for the Town of Hast- ings, and is inuested [with] Magistraticall power within the limits of that Town. Rich : Vowles is appoynted Constable for the Town of Hastings, and Mr. Bud is to g[iue him his oath.'] 1
1 Public Records of the Colony of Connecticut, vol. i. p. 413.
89
GOING UP TO HARTFORD.
In the records of the next fall meeting, October 13th, 1664, Rye is mentioned for the first time : -
' This Court orders that Lnt Bud continue in his place of Com" for Hasting and Rye, untill the Court order otherwise, or the Goun' and Gent" that goe to New Yorke.' 1
At the following spring session, we find among the deputies at Hartford, ' Peter Disborough,' who is admitted to a seat as repre- sentative of the town of Rye, now and henceforth recognized as one of the plantations of the colony. The order to this effect has already been quoted, ' that the villages of Hastings & Rve shalbe for the future conioyned and make one Plantation; and that it shalbe called by the appellation of Rye.' 2
October 12, 1665, Richard Vowles appears as deputy. Rye for the first time has a place in the 'List of Persons and Estates.' The several towns are ordered, at their meeting, to have 'a towne brand for horses,' and to choose a person who shall keep a record of the marks, ' naturall and artificiall,' of each horse so branded. The mark for this plantation is the capital letter R.3
May 10, 1666, Lieutenant Budd is deputy. Rye is now in- cluded within county limits. 'From the east bounds of Stratford,' the Court orders, 'to ye west bounds of Rye shalbe for future one County wch shalbe called the County of Fairfield. And it is ordered that the County Court shalbe held at Fairfield on the second Tuesday in March and the first Tuesday in November yearly.' 4
May 9, 1667, the Court confirms Joseph Horton as 'Lieuten- ant to the travn band of Rye. Mr. Richard Lawes [Law] and Mr. John Holly are chosen Commissioners for the Townes of Stand- ford, Greenwich & Rye, and to assist in the execution of justice at the courts at Fayrefield for the yeare ensuing .? The constable of Rye is to take his oath of office before Mr. Lawes.5
October 8, 1668, Rye sends two deputies to Hartford, Mr. John Budd and Richard Vowles.6 The General Court fixes the allowance to be made by each town for the expenses of its deputies in attending the sessions, 'leaueing each severall town to their liberty to send one or two to euery session, according to charter.' Rye, as the remotest plantation of the colony, must pay three pounds for this object.
1 Public Records of the Colony of Connecticut, p. 436.
3 Ibid. p. 28.
4 Ibid. p. 35. .
6 Ibid. p. 93.
2 Ibid. vol. ii. p. 15.
5 Ibid. p. 63.
90
RYE IN CONNECTICUT.
Richard Vowles is again chosen deputy in 1669.1
May 12, 1670, Mr. John Banks and ' Peter Disbroe ' appear for Rye.2 Several of the inhabitants are propounded at this meeting as freemen : 'Joseph Horten, George Snuffene, Hackalyah Browne, Jonath : Fowles.' At the October session this year, Timothy Knap is deputy.
May 11, 1671, Mr. John Banks and Peter Disbrow are sent again. The several plantations are now ordered for the future to pay ' for the hiyer of their Deputies' horses, which they ride upon up to the seuerall sessions of the Generall Courte.' 3 At this ses- sion and the next, important action is taken relative to the extent of the territory of this and the neighboring towns. 'This Court grants the towne of Rye's bownds shall extend up into the country northward, twelve miles.' 4 May 9, 1672, the Court ' desires and appoynts Lut Olmsteed, Mr. Jolin Holly, Jonathan Lockwood and Lut Joseph Orton, a committee to measure on an east northeast lyne from Mamorenack River to the west bownds of Fayrefeild, and to make report to this Court in October next, the distance twixt the sayd places and the quantitie of miles belonging to each of those plantations. This to be don at the charge of the townes of Norwalke, Standford, Greenwich & Rye:'5 A similar com- mittee was appointed in 1673, ' to consider of those lands between Stratford and Momoreanoke River, that are not allready granted by+order of the Court to any plantation ; and to proportion them to the seuerall plantations between Stratford and Momoranoke River, as they judge may be most equal and accommadating to the plantations as now they are setled.' 6
In the same year the General Court confirmed the report of a committee appointed to settle the bounds and dividing lines of the several towns in Fairfield County. 'The bownds between Green- wich and Rye,' according to this act, 'is to be from the mouth of Byram River, to runn up the River one quarter of a mile above the great stone lyeing in the cross path by the sd Riuer ; and from thence the sayd comons, upwards, between Standford bownds and the Colony line, is to be equally diuided between them by a par- alell line wth Standford and Norwalke, to the end of their bownds up in the countrey.' 7
October 12, 1676, the Court appoints a committee 'to put a value upon all the lands in the severall plantations,' determining
1 Public Records of Connecticut, vol. ii. p. 106. 2 Ibid. p. 127.
3 Ibid. p. 154. 4 Ibid. p. 151.
6 Ibid. p. 195. 7 Ibid. p. 203.
5 Ibid. p. 174.
91
ORDERS OF THE GENERAL COURT.
the rate of their valuation in the lists of estates. Lands at Rye are to be estimated 'as Stonington,' namely, 'for one fowerth of their improved land by tillage, moweing and English pasture, to be listed twenty shillings pr acre ; the other three partes at tenn shillings pr acre ; and all other lands pertieulerly impropriated by fenee at one shilling per aere.' 1
May 9, 1678, Lieutenant Joseph Horton of Rye is ' commission- ated to grant warrants and to marry persons.' This appointment is repeated in the two following years, and in 1681 Mr. Horton is made commissioner, or justice of the peace, for the town.2
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