History of Westchester county : New York, including Morrisania, Kings Bridge, and West Farms, which have been annexed to New York City, Vol. I, Part 17

Author: Scharf, J. Thomas (John Thomas), 1843-1898, ed
Publication date: 1886
Publisher: Philadelphia : L.E. Preston & Co.
Number of Pages: 1354

USA > New York > Westchester County > History of Westchester county : New York, including Morrisania, Kings Bridge, and West Farms, which have been annexed to New York City, Vol. I > Part 17

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This full sketch of the Patroon of Colen Donck and his career is given, because it shows, that it was owing to what may be called his public life, that he was unable to effect the better settlement of his West- chester Patroonship. His enforced absence for so long a period, was followed by his death two years only after his return to America, too short a time to enable him to carry out any plans he may have formed in regard to it. And also because that ca- reer, one of the most striking and remarkable in New Netherland history, was the career of the Patroon of the only Patroonship in Westchester County.

Prior to leaving Rensselaerswyck, and in the year 1645, von der Donek married Mary Doughty, a daughter of the Rev. Francis Doughty, a New England clergyman, who in 1642, three years before, had been driven, with many of his friends, by the persecuting Puritans of Massachusetts from his home in that colony. Having stated publicly, at Cohasset, "that Abraham's children should have been bap- tized," he was forthwith dragged out of the assembly and otherwise harshly used; and with one Richard Smith and some others who held like views of bap- tism, was forced to "escape from the insupportable government of New England " to New Netherland.9 He and his friends were granted in compassion for their sufferings and poverty, a tract, with the priv- ileges of a patroonship for those interested collect- ively, bnt withont the privilege of milling, or the title of Patroon to any one of them, for 6000 Dutch acres, at Maspeth, on Long Island, dated, March 28th, 1642. But quarrels between the parties them- selves, the Indian war, and Donghty's demands for money for himself personally, made the enterprise a failure, and the lands were afterwards, under the law, confiscated to the company by Governor Kieft, and subsequently regranted in parcels, to different indi- vidnals.10

9 N. Y. Col. Ilist., 131.

10 X17. Col. Hist., 413.

THE ORIGIN AND HISTORY OF THE MANORS.

This is the only instanee on record of a collective transport of a Patroonship, and seems to have been made ex-gratia as a matter of charity, to the poor persecuted exiles from Puritan Massachusetts, who brought practically nothing but their own persons to New Netherland. Nothing was paid by them for the land, and all that the grantees had to do, was "to acknowledge the said Lords Direetors as their Masters and Patroons, to pay, after the lapse of ten years, the tenth part of the produee of the fields, whether cultivated with the plougli, or hoe, or otherwise (orehards and gardens not exceeding one aere, Holland measure excepted)."1 Doughty after- wards removed to Patuxent, in Maryland, where his daughter resided and where he was living in October, 1659.2

When Van der Donek died in 1655, his widow was left, after a married life of ten years, with some small children, but how many, is not now known. As we have seen that he had sought and obtained the venia tes- tandi, or the right of disposing of his Patroonship by will, he probably devised Colen-Donek to his widow. She subsequently married Hugh O'Neale of Patuxcnt,. Maryland, and resided with her husband in that provinee. Eleven years after van der Donek's death, and two after the English seized New Netherland, a new patent dated October 8th, 1666, in the nature of a confirmation was issued by Governor Richard Nicolls to O'Neale and his wife in their joint names, thus vesting the title to the whole Patroonship in them jointly. This Patent styles it "Nepperhaem," and is in these words ;-

" Richard Nicolls, Esq., Governor under his Royal Highness, yc Duke of York, of all his territoryes in America, to all to whom this present writing shall eome, sendeth greeting: Whereas there is a certain traet of land within this Government, upon the Main, Bound- ed to the northiwards by a rivnlet called by the Indi- ans, Macakassin, so running sonthward to Nepper- hacm, from thenee to the Kill Shorakkappoek,3 and then to Paperinemin,4 which is the southern most bounds, then to go across the country to the eastward by that which is commonly known by the name of Bronek's, his river and land, which said tract hath heretofore been purchased of the Indian proprietors by Adriaen van der Donck, deceased, whose relict, Mary, the wife of Hugh O'Neale, one of the paten- tees is, and due satisfaction was also given for the same, as hath by some of the said Indians been ae- knowledged before me; Now for a further confirma- tion unto them, the said Hugh O'Neale and Mary lıis wife, relict of the aforesaid Adriaen van der Donek, in their possession and enjoyment of the premises Know ye, that by virtue of this our commis-

sion and authority, given unto me by his Royal High- ness the Duke of York, I have thought fit to give, ratify, confirm, and grant, and by these presents do give, ratify, confirm, and grant, unto the said Hugh O'Neale and Mary his wife, their heirs and assigns, all the afore mentioned tract or pareel of lands ealled Nepperhaem, together with all woods, marshes, meadows, pastures, waters, lakes, creeks, rivulets fishing, hunting and fowling, and all other profits, commodities and emoluments to the said traet of land belonging, with their, and every of their appurten- anees, and of every part and parcel thereof, to have and to hold the said traet of land and premises, with all and singular their appurtenanees, to the said Hngh O'Neale and Mary his wife, their heirs and assigues to the proper use and behoofe of the said Hugh O'Neale and Mary his wife, their heires and assignes forever, he, she, or they, or any of them, ren- dering and paying sueh acknowledgment, and duties, as are, or shall be, constituted and ordayned by his Royal Highness the Duke of York, and his heirs, or sueh governor, or governors, as shall from time to time be appointed and set over them within this province. That, if at any time hereafter, his Royal Highness, his leirs, sueeessors, or assigns, shall think fit to make use of any timber for shipping, or for ereeting or repairing of forts within this government, liberty is reserved for such uses and purposes to ent any sort of timber upon any unplanted grounds, on the said traet of land, to make docks, harbours, wharfes, honses, or any other conveniences relating thereunto, and also to make use of any rivers or rivuletts, and inlets of water, for the purposes afore- said, as fully and free as if no such patent had been granted.

Given under my hand and seal at Fort James, New York, on the Island of Manhattan, the eighth day of October, in the eighteenth year of the reign of our sovereign Lord, Charles the Second, by the grace of God, of England, Franec, and Ireland, King, defender of the Faith, &e., &c., in the year of our Lord God, 1666." 5

The acknowledgment by the Indians referred to in the foregoing deed, thus appears under date of September 21st, 1668, in Book of Deeds III., at Albany, page 42 :

"This day eame Hugh O'Neale and Mary his wife (who in right of her former husband laid claime to a eert" pareele of land upon the Maine not farre from Westehester, commonly called the Yonnekers land), who bro't severall Indyans before the gor" to aeknowledge the purehasc of said lands by van der Donek commonly called ye Yonncker. The said Indyans declared ye bounds of the sd. lands to be from a place called by them Macaekassin at ye north so to run to Neperan and to ye Kill Soro-quappoek, then to Muskota and Papperinemain to the south,

1 The original transport is in Latin, and an English translation is in XIV. Col. Hist., 38 ; I. O'Call, 237 ; and Appendix, 427 and 428.

21I. Col. Hist., 93.

3 The Indian name of Spyt-den-Duyvel Creek.

Now Kingsbridge.

5 Recorded in Sec. of State's office, Alba ny

HISTORY OF WESTCHESTER COUNTY.

and crosse the country to ye eastward by Bronckx his Ryver and Land. The Indyan Propyetors name who was cheife of them is Tackareeck living at the Nevisans1 who acknowledged the purchase as before described, and that he had received satisfac" for it .-- Claes ye Indyan havs interest in a part acknowledged to have sould it, and received satisfact" of van der Donck. All the rest of the Indyans present being seven or eight acknowledged to have recª full satis- faction."

The date of this instrument, 1668, is evidently a cleri- cal error for 1666, as the ackuowledgment is recited in Nicoll's patent of confirmation which bears day Oc- tober 8th, 1666.

From this patent it is clear that no part of the patroonship had been parted with since van der Donck's death iu 1655. And from the fact that on the 30th of the same October in the same year in which this patent was granted, only twenty-two days afterward, the first conveyance under it was made by O'Neale and his wife, it seems evident that it was obtained simply as a confirmation of the original title, and an acknowledgment of its validity, by the New English government, in order to make the sale alluded to. This sale of the tract, on October 30th, 1666, was made to Elias Doughty, of Flushing, Long Island, who was the son of the Rev. Francis Doughty, and a brother of vau der Donck's widow, the then wife of Hugh O'Neale, and vested the entire Patroonship in him.

Elias Doughty at once began the sale of it in different parcels to different individuals in fee. On the first of March, 1667, four months after he had become its owner Elias Doughty sold to John Arcer, or Archer, as this Dutch name was Anglicised,2 "four score acres of upland and thirty of meadow betwixt Broncx river & ye watering place at the end of the Island of Manhattans,"3 which four years later, with some adjoining purchases of lands, was erected in his favor into the Manor of Fordham by Gover- nor Lovelace on the 13th of November, 1771.

On June 7th, 1668, Doughty sold to John Heddy 4 of Westchester a tract of three hundred and twenty acres, now part of the old van Cortlandt estate, re- ceutly taken for van Cortlandt Park. The next month, on the 6th of July, 1668, Elias Doughty sold to George Tippitt and William Betts another piece of Colen-Donck, thus described : "A parcell of land & meadow to ye Patent to William Betts and George Tippett who are in possession of a part of the same land formerly owned by old Youncker van der Donck which runs west to Hudson's river & east to Broncks River, with all the upland from Broncks River sonth to Westchester Path, & so runs due east and uorth

beginning at the boggy swamp with" the liberty of the said Patent, & the southrnunost bound to run by the path that runneth or lyeth by the north end of the aforesaid swamp, & so to run due east to Broncks River, & due west to the meadow which cometh to the wading place." 5

From this George Tippett, or Tippits, as the name is spelled in his inventory mnade the 29th of Septem- ber, 1675,6 the stream is called Tippetts brook, which forms the van Cortlandt Lake, and, thence flowing southerly in a sinuous course, falls into Spyt-den Duy- vel Creek just east of Kingsbridge. Its Indiau name is Mosholu.

On the 1st of December, 1670, another part of the Patroonship, on its western side was sold by Doughty to Francis French and Ebenezer Jones of Ann Hooks Neck (now Pelham Neck), and John West- cott, of Jamaica, Long Island. This was the tract on the Broux then, and now, so well known as Mile- square.7

These were all the sales of Doughty in the south- ern part of the Patroonship. At the mouth of the ."Nepperhaem River," he sold on the 18th of August, 1670, to Dame Margaret Philipse, on behalf of her husband, Frederick Philipse, and Thomas Lewis, for £150, the south half of that River with its mill privileges, and also about three hundred acres of land adjoining it. The north half of the river and its mill privileges he sold to one Dirk Smith, reserving tlie right to repurchase if Smith wished to sell. This right Doughty conveyed to Philipse and Lewis, who subsequently effected the re-purchase.8

Two years after, and on September 29th in the year 1672, Frederick Philipse, Thomas Delavall and Thomas Lewis, bought of Elias Doughty all the remainder of Colen-Donck, each taking a third in- terest, the whole amounting to seven thousand seven hundred and eight acres. Delavall devised his share ten years later, in 1682, to his son John, and he, to- gether with Frederick Philipse and Mrs. Geesie Lewis, the widow of Thomas Lewis, obtained a patent for the whole on the 19th of February, 1684. Frederick Philipse bought out Delavall's share on the 27th of August, 1685, and on the 12th of June, 1686, also acquired by purchase that of Mrs. Lewis and her children. These lands, with all the territory above them on the north, as far as Croton River, and extending from the Hudson eastwardly to the Bronx, subsequently acquired by Philipse and bis son from the Indians, were seven years later, on the 12th of June, 1693, erected into that mag-

1 The Neversink Highlands in New Jersey.

2 Riker's Harlem, 278.

3 Deed Book III., 138, Albany.

4 This name, spelled also"Ileaddy," was really, it is believed, "Hudden."

5 Book III. of Deeds, p. 134, Albany.

G Lib. I., N. Y. Surv. Off., p. 234. He was a mere farmer and the inventory is but a list of farm stock and common house utensils. It, how- ever, thus describes his farm, -" Item, a tract of land and meadow pur- cbased of Elias Doughty, with the dwelling-house, orchard and barne now standing on the said land,-£100, 0, 0." It also mentions his neighbor, "John Heddy, of Yonkers, carpenter."

7 Book III. of Deeds, 139.

8 Book of Deeds, IV. 9.

THE ORIGIN AND HISTORY OF THE MANORS.

nificent Manor under the English system, which from his owu name, its first lord called "Phil- lipseborough," or, as it was later, and is to this day termed " Philipscburgh."

Thus was divided up, and ended forever, the only Patroouship under the Duteh system of Colonization, which existed within the limits of the County of West- chester. And its termination strictly in accordance with the provisions of the charters of Freedoms and Exemptions, by will under the power of the venia tes - tundi, as therein set forth, strikingly illustrates the fact, that the tenure of the Patroonships could never have become dangerous to the rights, and liberties, and laws, of the people of New Netherland.

What became of van der Donck's children is not now knowu, nor their uames, nor in fact how many of them, if any, reached maturity. We know that in 1653 his mother, a brother, and the son of the latter, came out to New Netherland; that the uame of the former was Agatha, that of his brother Dauiel, and that of the son of the latter, Guisbert. But here all certainty ends. We may hope that the blood of so able and promineut a Hollauder still exists, but that is all.

Although but this one Patroouship was established in Westchester County, there were a number of grants of smaller tracts to individuals, made by the Dutch Di- reetors-General, after they had purchased the Indian title for the West Iudia Company, or it had by their permission been bought of the Indians, by the per- sons, or for the persons, to whom the grants were made. But these require uo special mention here.

The Capture of New Netherland from the Dutch, and the Creation of the English ' Province of New York.'

The continued encroachmeut and pressure of the English of Connecticut, and of the east end of Long Island-then practically a part of Connecticut-upon the Dutch in New Netherland, led the Burgomasters and Schepens of New Amsterdam and the delegates from the adjoining towns, iu public meeting, on the 2d of November, 1663, to send a Remonstrance to the Directors of the West India Company asking for as- sistance and protection. Iu this document they make this striking statement of their position, and the con- dition of the Province, at that time, and the conse- quences that would follow unless relief was afforded, consequences which really happened in less than a year afterward.

"When it is considered that the Remonstrants, on the oue side, stand here between barbarous nations, aud are bounded on the other by a powerful neigh- bour who keeps quarreliug with this State about the limits. Thus the good people are thereby brought and reduced to a condition like unto that of a flock without a shepherd, a prey to whomsoever will seize , favored by the Roman Dutch law of Holland.

his advantage to attack it. And lastly (and what is of the most considerable force), is evident by the ag- gressions attempted on the part of the English Nation, our neighbours, on divers places into the jurisdiction of this Province; whercof your Honors will, no doubt, have been advised by the Director-General and Conn- cil. Which English Natiou hath, as your Remon- strants learn, found out a way neglected by your Honors, to provide and arm itself with a coat of mail in the shape of an unlimited patent and commission which it lately obtained from his Majesty of England.1 "So that this commission and patent being executed by them according to their interpretation ; for experience in State affairs teaches and abundantly exemplifies, that the strongest are commonly in the right, and that the feeble, ordinarily, must suceumb; the total loss of this Province is infallibly to be expected and antici- pated, such apprehension being indubitably very strong ; or, at least, it will be so cramped and elipped, that it will resemble only a useless trunk, shorn of limbs and form, divested of all its internal parts, the head separated from the feet; and therefore the Re- monstrants would be, if not at ouce, wholly oppressed, and reduced to such a state of anxiety, as to be des- perately necessitated, to their irreparable ruin, to abandon and quit this Provinee, and thus become outcasts with their families.

"It being objected aud pleaded by the above named English, as a pretext for their desigus, that the real right and propriety of this Province and its territories were not duly proved and justified on your Honors parts by proper commission and patent from their High Mightinesses. Whence it appears in eonse- quence of the want of such commission and patent, the obtaining whereof from their High Mightiuesses has been so long postponed, as if your Honors have been pleased to place the good inhabitants of this Province, as it were, upon glare ice, and have given them grounds and lands to which you have no real right.2 And in this way, too, the well intentioned English who have settled under your Honors Gov- ernment are held in a labyrinth and a maze, without any right assurance how they shall have to demean themselves in observing the oath taken by them. [of allegiance to the Company and the States-General].

Wherefore the Remonstrants in these their troubles, afflictions, intricacies, and extreme necessity, are eome, in all humility, to throw themselves on your Honors consideration, fervently and heartily praying you to be pleased to enable them exactly to apply the essential means, whereby, they, your Honor's most faithful servants, may be effectually supported and maintained in the real possession of the lands, properties, and what depends thereon, which were given and granted them by the above mentioned ex-

1 The Connecticut Patent, granted to the New Haven and Hartford set- tlements on the 23d of April, 1662.

2 Special patents and charters, like those under English law, were not

HISTORY OF WESTCHESTER COUNTY.

emptions, and by them possessed at the expense of vast labor, bloody fatigue, and the outpouring of countless drops of sweat." 1

The formal enactment of the W. I. Company's Charter of Privileges by the States-General, and of the different charters of "Freedoms aud Exemptions " were amply sufficient for all purposes under the Law of the United Provinces, to vest perfect titles to all lands granted under them in New Netherland. The English of Hartford and New Haven, only obtained their Charter of Connecticut from Charles II., on the 23d of April, 1662. Not till after they got this document, did they seriously claim that the Dutch had no title by patent from the States- General. The claim was baseless, and only made as a cover for encroachment.

Ten days after the above Remonstrance was drawn up and, later, on the 10th of November, 1663, Di- rector Stuyvesant, in a despatch referring to it, also fully and vigorously warns the Company in Holland, in these words ;-

" In regard to the unrighteous, stubborn, impudent, and pertinacious proceedings of the English at Hart- ford, I can only repeat what has for many years past, and especially these two last, been so frequently statcd, set forth, and requested; all which neither time, nor opportunity, permits us to relate and include herein. Your Honors will be able to sce from the in- closures, what efforts have been made agreeably to your Honors letters, to couclude, in this country, a settlement of the Boundary with our neighbors. It was first attempted by the Director-General in person at the general meeting of the four English Colonies at Boston ; and siuce on the advice of three of the Colonies,2 by our Commissioners, viz: Mr. Cornelis van Ruyven, Secretary Oloff Stevens Cortlandt, Bur- gomaster of this city, and John Laurens (Lawrence), burgher and merchant, made to the General Court, or Legislature, at Hartford.

"On reading over both journals, your Honors will not only perceive the impossibility of effecting any- thing here, unless all be given up to them, hardly ex- cepting alone what the Dutch Nation justly possessed and settled on Manhatans Island aud on the North River.

"By virtue of a patent signed in the year 1626, Bos- ton [Massachusetts] claims whatever is north of 42} degrees, East and West, from one sea to the other. This line includes the whole of the Colonie of Rens- selaers-Wyck, the village of Bever-wyck, and all the Mohawk and Seneca country. Again, the General Court at Hartford lay claim to, and demand, in vir- tue of the newly obtained patent [that for Connec- ticut of 1662], all the country lying South of the afore- said line of 42} degrees, and westerly until it touches another Royal Patent, and therein include all of New

Netherland, south to the seacoast, and west to a Royal patent ; and furthermore declare positively ;-

"First. Contrary to the advice of the other three colouies, that the treaty concluded at Hartford, Anº. 1650, is null and void.

" Secondly. That they will dissolve the Uuion with the other three colonies, [rather] than acquiesce, to the prejudice of their patent, in the advice of the Commissioners at Boston.

" Thirdly. They know no New Netherland, nor gov- ernment of New Netherland, except only the Dutch plantation on the Islaud of Manhatau.

" Fourthly. They will and must take Westchester, and all the English towns on Long Island, uuder their protection, by virtue of their patent, without being obliged to wait for any further order of the King, since such was their understanding.

" Fifthly and lastly. 'Tis evidentand clear from their repeated declaratiou, that were Westchester and the five English towns on Long Island,3 surrendered by us to the Colony of Hartford, and what we have justly possessed and settled on Long Island left to us, it would not satisfy them, because it would not be pos- sible to bring them sufficiently to any further arrange- ment with us by commissioners to be chosen on both sides by the mediation of a third party ; and as in case of disagreement, they assert in addition, that they may possess and occupy, in virtue of their un- limited patent,4 the lands lying vacant and unsettled on both sides of the North River and elsewhere, which would certainly always cause and create new preten- sions and disputes, even though the Boundary were provisionally settled here." He further says, that if a settlement of all disputes cannot be obtained and ef- fected through their High Mightinesses with " Ambas- sador Douwning,"5 and by them both, and their High Mightinesses Resident in England, with his Majesty, "by next spring, one of two things is certainly aud assuredly to be apprehended ;- bloodshed, and with bloodshed, which they seem only to wish, loss of all we possess, if proper, active, opposition be not offered to the English or their daily encroachments and in- trusions ; reducing under their obedience now this, and then that, place, and occupying suitable spots, here and there, up the North river, and elsewhere, abundance of which are yet unpeopled and unset- tled." 6

But the clear-headed and patriotic Director-General was greatly mistaken in " Ambassador Douwning," or rather in his expectatiou that that envoy would aid in bringing matters to a settlement. Sir George Down- ing was as inimical to the Dutch nation as Governor Winthrop or any other Connecticut Englishman. Hc had been long in Holland under Cromwell and dis-

1 II. Col. Hist., 478.

2 Massachusetts declined to take part in the second conference.

8 Gravesend, Hempstead, Flushing, Newtown and Jamaica.

4 Its claim was westward to the sea.

5 Sir Richard Downing, the English envoy to Holland at that time. 6 II. Col. Hist.

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History of Westchester county : New York, including Morrisania, Kings Bridge, and West Farms, which have been annexed to New York City, Vol. I, Part 17

Author: Scharf, J. Thomas (John Thomas), 1843-1898, ed Publication date: 1886 Publisher: Philadelphia : L.E. Preston & Co. Number of Pages: 1354

Author: Scharf, J. Thomas (John Thomas), 1843-1898, ed
Publication date: 1886
Publisher: Philadelphia : L.E. Preston & Co.
Number of Pages: 1354