History of Westchester county : New York, including Morrisania, Kings Bridge, and West Farms, which have been annexed to New York City, Vol. I, Part 194

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 194

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Though full-fledged lord of the Manor of Fordham, Archer still agitated the question of lots one, two, three and fonr at Spuyten Duyvil, and to quiet all tronble, Governor Lovelace, on November 9, 1672, made the following order : "Whereas the meadow gronnd or valley by the creek beneath, the town of Fordham, at Spuyten Duyvil, is claimed by some of the inhabitants of New Harlem, bnt is at so great distance from them and lying unfenced and so near the town of Fordham

that those of Harlem can receive little or no benefit thereby, as the inhabitants of Fordham cannot avoid being daily trespassers there if the property should still continue to Harlem, to prevent all further cavils and contests and also to enconrage the new plantation at Fordham, as well as in compensation to those of Harlem for their interest which they shall quit at Spuyten Dnyvil," he promised that some convenient spot being found at or near Bronxland, he would grant and confirm the same unto the persons con- cerned, provided it did not greatly prejudice the rest of Bronxland when it should be settled. He referred the matter to Daniel Turneur, David des Marest (Demarest) and John Archer for examination and report. 2

Archer did not live long in harmony with the popu- lation of his manor, and in 1669-70 they forwarded to the Mayor's Court in New York a complaint that he had undertaken to govern them by "rigour and force;" that "he had been at several times the oc- casion of great troubles betwixt the inhabitants of said town ;" and they "humbly desired relief and the protection of said court." Both parties were heard by the court, which ordered Archer "to behave him- self for the future, civilly and quietly, as he will an- swer the same at his peril." But as the Fordham community was evidently difficult to govern, it was further ordered that minor causes between them should be decided at Harlem, by the Fordham magis- trates, with the assistance of two of the magistrates of Harlem, unless the Fordham people would pay the Harlem magistrates for coming to their town, and holding court there. On September 8, 1671, no less than four cases were brought against Archer. David Demarest sued him for mowing grass on his meadow at Fordham; Martin Hadewin, of Fordham, sued him for breaking down his fences ; Marcus de Souchay (now Dissoway), for throwing his fnruiture out of doors; and Verveelen had a suit against him on gen- eral principles, as it would appear.

The cattle were allowed to run at large, eachı man having his own brand and all herding together. John Tippets, residing ncar Spuyten Dnyvil, had killed some hogs which were not branded, and the constables and overseers of the joint courts of Harlem and Fordham met to determine who owned the hogs. John Archer, as nsual, was interested ; he claimed the hogs on behalf of the Duke of York. The Gov- ernor, it seems, had once reproved Tippets for hav- ing an unlawful mark for his cattle, which was, to cut their ears so short that "any other marks may be cnt off by it." Elizabeth Heddy, Benjamin Palmer and Jan Hendricks proved that Tippets owned a litter of pigs, " the which were gray, red, spotted and white." The result of this important trial is not known, but thereafter the Fordham people were com- pelled to keep their cattle on the main, and the in-

1 This latter date was undoubtedly a confirmation of the patent under Colve's short interregnum .- Bolton's "Westchester," vol. ii. page 505; Land Papers, Albany, vol. iii. page 127 et supra.

2 Riker's "History of Harlem," page 387.

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stitution of town branders for cattle was established. The same practice prevailed in Westchester, on the east side of the township, as much space in the early records is given to the recording of the various brands for cattle, sheep and hogs which each farmer recorded.

The manor being established, shortly afterwards (April 25, 1673) Governor Lovelace authorized the es- tablishment of a court, to be held there quarterly, and, on the nomination of Archer, appointed John Ryder, steward of the manor, as president of the court, with the constable of the place and one or two of the " discreetest " of the inhabitants as assist- ants. The court had jurisdiction in all matters of debt and trespass between the landlord and his tenants, and between one tenant and another. It was held at Archer's house. About this time Ver- velecn, Archer's enemy, must have been displaced as constable, as we find Richard Cage to have succeeded him.

In the mean time, under the English rule, the terri- tory east of the Bronx was in the jurisdiction of the West Riding of Yorkshire, or Long Island, and the people attended the courts there, while the Fordham people had their conrt at Fordham and Harlem. On December 28, 1665, Governor Nicolls informed the inhabitants of Westchester that he would defer the laying out of the town in metes and bounds until they informed him as to every man's estate there, so that the whole could be equally divided into lots in proportion to each man's assessed valuation. Thomas Pell endeavored to prevent the granting of a patent to the people of Westchester, but the lawsuit that he had had a few years before with Cornell, relative to his grant, was treated by Nicolls as a good precedent. About the same time a delegation went from West- chester to an interview with the Governor's secretary about the division of the land, and the Governor di- rected that they should divide the meadow's as they pleased, but observing the order made by Mr. Dela- val and Mr. Hubbard. They were to have as much of Mrs. Bridge's meadows as Delaval and Hubbard ordered, but they were not to meddle with the forty- two acres, by Rattlesnake Brook, claimed by the Ten Farms (East Chester) which were to remain to the use of the families settled there, and to be concluded thereby and bounded by the brook. Every one hun- dredth estate was to have six acres, and every two hundredth estate eight acres of good meadow land lying most convenient for each lot, but no further di- vision was to be made, the remainder of the land be- ing left in common for the encouragement of future settlers. The meadow ground of the Ten Farms was between Hutchinson's River and Rattlesnake Brook, and the reservations nade as to territory included what is north of the East Chester line. On March 1, 1664-65, a meeting of deputies was held at Hemp- stead, Long Island, at which Westchester County was represented by Edward Jessop and John Quimby, and

the former served on the Committee of Differences between the towns.1

THE WESTCHESTER PATENT .-- On February 13, 1667, Governor Nicolls, evidently percciving the folly of having Westchester a portion of the Long Island jurisdiction, granted to the people the first patent of Westchester. The boundaries were, on the west the Bronx River, on the sonth the Sound or East River, on the east Ann's Hook or Pelham Neck, and on the north "into the woods without lim- itation for range of cattle." The grantees were John Quimby, John Ferris, Nicholas Bailey, William Betts and Edward Walters, for and in behalf of them- sclves and their associates and the freeholders and inhabitants within the town of Westchester. Hc also gave them all the rights and privileges of a township, and provided that the place should be called West- chester.2

On November 3, 1667, Westchester was in arrcars for her share of the taxcs levied for building a scs- sions-house for the riding. William Hallett, the con- tractor for building the court-house, was appointed collector, and the town was ordered to pay its proportion in coin or in default to be fined five pounds.

During the brief restoration of the Dutch, begin- ning with July 30, 1673, they made new laws and granted new ground briefs or patents to those who swore allegiance to their government. Westchester township, both east and west of the Bronx, was com- pelled to bow to Governor Colve. On August 13, 1673, lie and his Council summoned Oostdorp, or Westchester, to send their deputies to Fort William Hendrick, together with their constables, staves and English flags, and they would, if circumstances per- mitted, be furnished with the Prince's colors in place of the British ensigns. On August 21st the deputies delivered their credentials 3 and offered to submit to the Dutch, and to report to the Council the names of the persons whom they had nominated as magis- trates.

The next day they delivered up the flag and the constables' staves, and having joined in a respectful petition of submission, they were granted the same rights and privileges as the Dutch inhabitants, and pardoned for their past errors in coquetting with the English, with the warning however, that in future they should demean themselves as loyal subjects. On August 30th the Council appointed as schepens or

1 It minst be remembered that east of the Bronx, Westchester be- longed to the Long Island juris liction, while the section west of that river owed allegiance to the Harletu and New York City authorities.

" The records of this ancient borough are now on file, in excellent condition, in the othce of the register of the county. They are too extended for quotation in this history, but the writer suggests that some patriotic citizen of the old township will add to our documentary history by contributing to the New York or Westchester llistorical So- ciety funds sufficient to have them properly edited, as the old records have been in other parts of this country by other societies.

3 Baucroft, vol. ii .; also N. Y. Hist. Doc., 573, il. 580-581, 621-622.

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HISTORY OF WESTCHESTER COUNTY.

magistrates Joseph Palmer and Edward Waters, who were sworn in on the following 2d of September, and on the 1st of October provisional instructions were issued for the government of the magistrates. They were to take care that the Reformed Christian religion should be maintained in uniformity with the Synod ot Dort. Jurisdiction in cases not involving over sixty florins beaver was given to the magistrates, from whose decision no appeal could be taken. Between that sum and two hundred and forty florins beaver an appeal would lay to the sheriff and Councilors, and above two hundred and forty florins the appeal was to the Governor General and his Councilors, who also had jurisdiction of criminal cases; but it would seem that criminals in the first instance could be proceeded against by informatiou, and that the schout and sche- pens-or sheriff and justices, as we would denominate such officials-had the right to issue warrants or citations. Smaller offenses, such as quarrels, abusive words, threats, fisticuff's and such matters, were left to the jurisdiction of the village magistrates. The sheriff and schepens had power to make ordinauces for the peace and welfare of the inhabitants of their districts, regulate highways, set off lands and gardens from the government grants, regulate the branding of cattle and erection of fences, enforce the observance of the Sabbath and superintend the building of churches, school-houses and other similar works. They were particularly instructed to ordain against fighting and wrestling, and the sheriff's were cautioned that the places under their charge were to be " cleansed of all mobs, gamblers . . . and such like impurities." The sheriff and schepens nominated a double number of persons for magistrates, to be presented to the Governor, who made his election therefrom. Thelatter, however, reserved the power to continue some of the old ones in office in case he dcemed it necessary. The magistrates he recommended should be " the best qualified, the honestest, most intelligent and wealthiest inhabitants." He also required them to be of the Reformed Christian religion or at least well affectioned thereunto.

On September 8, 1673, one Jonathan Silck (or Sel- lick), of Oyster Bay, came into the Council and asked that he might have an old ketch which was lay- ing sunk in Westchester Creek,1 for which he agrecd to pay something, and, after considerable higgling, it was agreed that the ketch could be had for sixty beav- ers, thirty in cash and the residue in cattle, for which Captain Sellick gave security. The Council confis- eated the ketch, called the " Rebecca aud Sarah," of twelve lasts burthen, and of which William Merritt was the late skipper; and, as she was the property of the enemies of the Dutch-Captain Delaval, the Eng- lish mayor of Harlem-she was declared to be a law- ful prize.

Archer (of Fordham), of course, was in trouble

with the new government. At a council held at Har- lem on October 4, 1673, the Governor-General and Cornelis Steenwyck (his secretary) being present, the inhabitants of Fordham appeared and complained of the ill government of their landlord, Johu Archer, and asked that they might be allowed to nominate their own magistratcs. Archer was present and vol- untarily declared that he would desist from the gov- ernment and patroonship of the town, but reserved to himself the property and ownership of the lands and houses there. The Council accordingly gave author- ity to the people of Fordham to nominate, by plural- ity of votes, six of the best qualified persons in the towu (exclusively of the Reformed Christian reli- gion) as magistrates. From those nomiuated the Gov- ernor was to make selection, and he recommended that half, at least, of those uominated should be of Dutch nationality. Archer's troubles did not end here. At the suit of Thomas Gibbs and John Curtis execution was allowed to issue against his personal property. On the 15th of June, in the same ycar, Archer and his ancient enemy, John Verveelen, the constable and ferryman at Spuyten Duyvil, had some trouble about the town-books of Fordham, and Ver- veelen (who had, in the meantime, beeu promoted from the more lowly position of constable to that of schout-sheriff') was directed by the Governor to hand over to Archer the books and protocols properly be- longing to him.2

We now leave Fordham and go back to the eastern or Sound side. On December 24, 1673, Roger Toun- sen (Townsend) complained to the Governor-General and Council that the people of Westchester were do- ing great damage to his lands and cattle. The matter was referred to Schout William Lawrence and Mr. Richard Cornwel (Cornell), who, at Townsend's ex- pense, were ordered to inspect the premises, to hear the arguments of parties and, if possible, " to reconcile parties." Should they fail, a report was ordered to be made to the Governor. The sheriff and Mr. Cornell ucver reported till the following 8th of March. It seems that the arbitrators went to the town, but no one appeared in its behalf. The Governor and Coun- cil made an order that Townsend and the magistrates, on the sight of the order, appear, either in person or by attorney, at a place to be fixed by the arbitrators, who were requested de novo to examine and, if possi- ble, decide the case and reconcile the parties-other- wise, to report. A reconciliation was effected.

MORRISANIA .- Meantime one of the most promi- nent personages in Bronxlaud was Richard Morris, a captain in Cromwell's army and later a mer- chant in Barbadoes, who had moved to New York and, for his own and his brother Lewis' account, purchased a plantation at Bronxland from Edsall.3 He and his wife, a Miss Pole, from the West

2 Idem, ii, 625, Idem. ii. 709, 721.

3 See preceding note on Bronxland for earlier titles.

1 Holland Doce., ii. 606.

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Indies, settled upon it, and to them was born a son Lewis. Richard aud his wife died in 1672, and the infant was left alone on the plantation with no one to care for him but the negro slaves and a nephew of his father's, a Mr. Walter Webley. The Dutch had repossessed the colony, and the estate of a wealthy rc- tired English merchant offered spoils that Governor Colve did not overlook. His government called upon the orphan masters to summon the nephew Webley and the curators of the estate of Richard to appear before them and require the administration of the estate and as soon as possible to make a report on it. 1 Webley, an English subject, kept out of the way and removed the removable part of the estate as well as he could out of the conqueror's clutches. He feared the new government, but was soon given a frec pass aud the assurance that his possession of the estate of his cousin as administrator would not be disturbed, and that all the government wanted was to confiscate the share of the estate which belonged to his uncle, Lewis Morris, of Barbadoes. This latter gentleman, a Quaker in religion, though one of Crom- well's old soldiers, had also arrived iu the province, but wisely kept himself out of government reach until he could arrange about the estate. The goveru- ment found that Col. Morris, being a citizen of Bar- badoes, was not, under the terms of capitulation, entitled to the same liberal terms as British subjects of Vir- ginia or Connecticut, and they also found that the infant ouly owned one-third of the estate aud the unele Lewis owued two-thirds. Hence his two-thirds was liable to confiscation. ? Balthazar Bayard was therefore appointed to take charge of the two-thirds of the estate which belouged to the government and John Lawrence, Stephanus Van Cortlandt and Walter Webley, the nephew, were appointed ad- ministrators of Richard's one-third for the benefit of the iufaut Lewis. 3 The uncle Lewis, however, with all the shrewdness of a Quaker and the tact of an old soldier, for a time kept in hiding, + but after arranging in some way with the government, was finally made administrator of his brother's estate aud afterwards guardian of the person and estate of his infant uephew. 5 He must have finally made a good im- pression upon Governor Colve, for he was granted the eutire estate, buildings and materials thereon, on a valuation to be made by impartial appraisers for the benefit of the minor child ; 6 but Colve, like a truesoldier, who respected the rights of the commissariat first and the vanquished afterwards, " appropriated" (due regard being had of course to the infant's interests) all the fat cuttle, such as oren, cours and hogs. Lewis, the elder, thus became possessed of Bronxland.

It seems that, this matter being settled, he returned to Barbadoes for the purpose of closing up his busi- ness on that island, but left his nephew, Webley, in

1 N. Y. Col. Docs., vol. ii. 590,

3 ldem, 651.

5 ldem, 632.

: Idem, 617.

4 Idem, 684.

6 Idem, 637.

charge of the estate in New York. The young ward's movable property had been scattered far and wide, 89 but Webley attended to getting things togeth- er. Colonel Morris returned to New York in 1675, and in 1676, the English having in the mean time re- captured the province, Governor Andros granted to Lewis, the elder, a confirmatory patent of Bronxland and some "addicional lands" adjacent thereto, not included in any patent. 10 11 Under this grant Colouel Morris became seized of a tract of land containing some nineteen hundred acres. It was bounded on the north by a line which, if extended cast from Judge Smith's tavern, on Central Avenue, to the road south of the Home for Incurables, would be the north line; on the south and southeast, the Harlem River ; on the west, Cromwell Creek; and on the east, the Hunt and Richardson patent, mentioned elsewhere. By reference to the map it will be seen that this pat- ent covered more than the original grant to Jonas Bronck. Colonel Lewis Morris, the elder, settled and resided on this estate until the time of his death.12 He seems to have been a friend of Governor Andros, having entertained him at his house and also accom- panied him on the special expedition when Andros visited Carteret to arrange about the settlement of the government in New Jersey after the accessiou of James, Duke of York, to the throne of England.13 He was a sympathizer with the government, and against Leisler during the Leisler Rebellion, and his house at Morrisania was used as the exchange for the gov- ernmental secret correspondence rendered necessary at that time. On one occasion the government post-man, who had stopped at Morris' house, was captured about a quarter of a mile from it by some of Leisler's men, and the mail taken from him and examriued by the insurrectionists.14 Before coming to America, Colonel Morris commanded a troop of horse in Cromwell's army, and on the Restoration weut to Barbadoes. While there he participated in some of the English campaigns against other islands, and received the com- mission of colonel. He was also a member of Gov- ernor Dougan's Council from 1683 to 1686, and died in 1691. His will is of record in New York County.

Lewis, the nephew, had in the mean time grown to man's estate and succeeded his uncle as heir-at-law, and next of kin, as well as under his uncle's will. On the 6th day of May, 1697, Governor Beujamin Fletcher confirmed to him the grant made by his predecessor, Andros, to his uncle and also erected the lands into a lordship or manor by the name and title of the Lordship or Manor of Morrisania, in the county of Westchester. The patent grants the same

FIdem, 637. eldem, 63%.

" Idem, 634.

1 Book of Patente, vol. iv. page 99.

11 For boundaries of this patent, see map attached to this article.

1º N. Y. Col. Docs., vol. ii. page 682.

13 N. Y. Col. Docs., vol. xiii. page 542.

14 N. Y. Col. Docs., iii. 662.

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HISTORY OF WESTCHESTER COUNTY.

lands as those mentioned in the earlier patent, to the uncle Lewis. The grantee had full authority to hold and keep a Court-Leet and Court-Baron, and to issue writs thereout. The lord of the manor had jurisdic- tion over all waifs, estrays, wrecks, deodauds, goods of felons happening and being forfeited within said manor ; he also had the patronage aud advowson of

native-boru chief justice who filled the Supreme Court bench in New York. In his early youth he was wild, and gave his stern and rather straight-laced uncle and guardiau much trouble. A zealous and pious Quaker who was his preceptor, one day, while engaged in silent meditation in the woods, heard, as he supposed, a voice from heaven, telling him to go

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MAP OF BRONX NECK. Boundaries of the Patent to Lewis Morris in 1675.

all churches erected or to be erected in the manor. The tenements (teuants) were to meet together and choose their owu assessors ; the land was to be held in free and common soccage, according to the custom of East Greenwich, and the rental was payable on the fast day of the Annunciation of the Blessed Virgin Mary, and amounted to six shillings per annum.

Lewis Morris was a remarkable man, and the first

and preach the gospel to the Indians. The voice was that of young Lewis, who had climbed a tree in the vicinity. The good mau really thought of obeying the divine command, but he was told the truth just before his departure on his holy mission. Lewis at one time left his uncle's roof and wandered off, de- pending entirely on his own resources. He first went to Virginia and then to Jamaica, supporting himself

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WESTCHESTER.

by working as a copyist. He returned in time to his uncle's roof, and in November, 1691, married Isabella Graham, daughter of James Graham, the attorney- general. His uncle, in addition to his property of Morrisania, had acquired a large tract of land in Monmouth County, New Jersey, and young Morris interested himself much in public affairs in that prov- ince. In 1692 he was a judge of the Court of Com- mon Right in East Jersey, and also had a seat in the Council of Governor Hamilton. He had taken up his residence at Tintern, in the county of Monmouth, where, it is stated was established the first iron-mill in this country. 1 In 1698 Jeremiah Basse, having been appointed Governor of New Jersey, and a dispute having risen as to Basse's authority, Morris ranged himself with those who would uot ackuowledge it.

Morris was turned out of the Council and was also fined fifty pounds for contempt of the Governor's authority. On the return of Hamilton to the Gov- ernorship, in 1700, Morris was made president of the Council. While in the Council he came to the con- clusion that the proprietary government of New Jersey was impracticable, and advocated a surrender of the governmental functions of the proprietors to the crown. Hc succeeded in securing the co-opera- tion of the proprietors to this end, and he then em- barked for England to complete the measure. In 1702 the instrument of surrender was delivered to Queen Anne. Almost immediately afterwards Mr. Morris returned to America and was nominated as Governor of New Jersey, but the English govern- ment having changed its plan, and determined that New York and New Jersey should both be governed by one executive, though having two Legislatures, Colonel Morris' name was withdrawn. Lord Cornbury was made Governor of both provinces and arrived here in 1703. Morris had been recommended to him as a proper person to take into his Council. He was duly appointed and not only became a prominent member of the Council, but also the special opponent of the Governor. Cornbury removed him from the Council in 1704, but though reinstated by order of the Queen, he was again suspended in the following year. In 1707 he was a member of the General Assembly, and he, with Gordon and Jennings and the other members of the opposition, passed a resolution pre- ferring to the Queen complaints against Cornbury's administration.

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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 194

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