History of Westchester county : New York, including Morrisania, Kings Bridge, and West Farms, which have been annexed to New York City, Vol. I, Part 217

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 217

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The Three Great Patents of Central Westchester.

Very closely connected with Mamaroneek and Scarsdale as parts of the Manor of Searsdale, was that part of the County lying between that Manor and Harrison's Purchase on the south, the Manor of Cort- landt on the north, the Colony of Connecticut on the east, and the Manor of Philipseburgh on the west. This immense arca containing 70,000 aeres of land, was bought from the natives by Colonel Heatheote for himself and associates and granted to him and them in three extremely large Patents, called from their relative situations the West, the Middle, and the East Patents.

In the purchase of the Indian title to these lands, and in the Patents for them express provision was made that the rights of Heathcote under the Rielı- bell patents and deeds, should not be interfered with. Hence their long connexion with his lands now eom- prised in the towns of Searsdale and Mamaroneck. These "Great Patents," as they were styled were bounded in part by Scarsdale Manor and are so intimately connected with its history, that some mention must be briefly made of them and their origin. By its terms the Manor-Grant of Sears- dale embraced White Plains, a part of Northeas- tle, part of Bedford, and part of Harrisons Pur- chase, but it expressly provided as to White Plains that it should give its Lord no other title than that he already possessed by virtue of his purchase of the right title and estate of Mrs. Ann Richbell in the Estate of her husband John Riehbell the original grantee from the Indians and from both the Dutch Government and the English Government. These Great Patents were not Manors, thongh two of them were larger than either of the Manors of Pel- hamn, Morrisania or Fordham. They were simply Patents for great traets of land issued according to law to three bodies of grantees as individuals, wlio caeli possessed an undivided share, bodies which in modern parlanec would be called " syndicates." They were based upon a license to Colonel Heathcote to purchase vacant and unappropriated land in West-

James Mott made Premium Point his home until 1816 and died in New York in 1823 in his eighty-first year. He was a man of culture and high character, unusually handsome in person, tall, ereet, and of much grace and dignity of manner and stood high in general esteein. In dress and habits he was always a striet Quaker of the old days, and active in the interests of his religious society travelling much in their service in the States of New York, Pennsylvania and New England. He gave frecly for many years, in time and means, and in the use of his pen in the advancement of Education, and the suppression of intemperance, ! chester county and extinguish the title of the Natives

878

HISTORY OF WESTCHESTER COUNTY.

granted by Governor Fletcher on the 12th of October, 1696.

He was the most prominent of the gentlemen who formed the bodies above mentioned and who be- came the Owners and Patentees of these three Pat- ents. The first purchase made by Colonel Heathcote in the region mentioned, was from Pathunck, Wam- pns, Cohawney, and five other Indians, who on the 19th of October, 1696, executed to him a deed con- veying " for and in consideration £100 good and law- ful money of New York," " all that tract of land sitn- ate lying and being in the County of Westchester in the Province of New York in America, bounded north by Scroton's 1 River, easterly by Byram River and Bedford line, southerly by the land of John Harrison and his associates, and the line stretching to Byram river aforesaid, and westerly to the land of Frederick Philipse." 2

This covered all the present town of New castle and most of North castle as it now exists, and other lands south and east of the latter. It is hence some- times called " North castle Indian Deed," or from one of the Indians " Wampns's Land Deed." Colonel Heathcote made most of the purchases of the Indians of Northern and Central Westchester then inhabiting it, in accordance with the customary rule in such mat- ters which has been before explained. That for the lands between the Mehanas3 and Byram Rivers, he delegat- ed his powers to others to obtain, by this license dated at Mamaroneck the 4th of July 1701, " I nnderwritten do give free liberty, so far as it lyes in my power (by virtue of a grant to me from Colonel Benjamin Fletcher, late Governor of New York) unto Robert Lockhard, Richard Scofield, Nathaniel Selleck, and Gershom Lockwood, to purchase of the Indian proprietors the lands hereafter mentioned from Mehanas river to Byram River, and so rnn northward three miles into ye woods upon Byram River, and one mile into ye Woods on the Mehanas River, provided it does not injnre the right of Bedford or Greenwich, nor is within my pat- ent right from Mrs. Ann Richbell. Witness my hand. Caleb Heathcote.

Mamaroneck, July 4th, 1701.

The same day the following Indians " in considera- tion of a certaine sume of good & lawful money " ex- ecnted a deed for the land to the above named four persons and Coll. Heathcote, Capt. James Mott, Jon- athan Lockhard, Gershom Lockhard's son, and Henry Disbrow, the same persons mentioned in Heathcote's license, thns describing it, "to begin at Byram river at ye Collony Line & so to run to Mehanas river as said line goes running northerly on Mehanas river as ye river goes a mile into ye woods, & from the Collony Line on Byram river three miles northerly as the river

runs into the Woods, & from the head of said line to ye head of the other line afore mentioned.‘

The witnesses were Seringo +

Benjamin Disbrow Raresquaslı +

Benjamin Collier, with Washpakin +

Uraticus and Ranchomo +

six other Indians

Packanaim +

On the same fourth of July, 1701, when there seems to have been a meeting of all the parties in interest, Indians and whites, at Mamaroneck, to consummate several Indian purchases, Seringo, and three other In- dians executed the following deed to Joseph Horton for a very large tract indeed. It is printed verbatim from the original in John Horton's hand writing in the writer's possession :

"The: 4: of July-1701

" Biet5 known to all home it may consarn That I Sa- ringo hafe This day- Sold unto Joseph Horton saner (senior) A sarten Track or parsal of Land Setnaten and Lyen within the profence (province) of Nu Yarcke which land beginen at the purch[ase] lastly parched by Cornal Hacoct 6 John Horton Captt Thall Joseph™ Purdy and all the Land from biram rener 8 wassward unpurched and so to run npward to brunkess reuer,9 and I Saringo do oblidge myself my ars 10 or assins to marcket 11 oute by Mark Treese as may aper her agan 12 and This To be marcked oute The Sext : or Saventh Day of This entant 13 munth and for the Trn Burformance I haf Sat my hand and Sale Sineded Saled and Dleaved In prants of ns This been in order To a fnrder confmashon.

John Horton (illegible) Hatfield Hannah park his

Saringo +

and three other Indians (names illegible).

John + Cake mark

his

Robard + Smeth mark

Endorsed npon the deed is this statement of the' consideration by Horton, I Joseph Horton oblige mysalf To pay one Sarengo

+ Ancient copy of the original deed with Heathcote's license appended, in the writer's possession. Also recorded in West. Co. Records Lib. C, 96.

6 Be it.

6 Colonel Heathcote.

7 Capt. Theall.

8 Byram River westward unpurchased.

9 Bronx River.

10 Heirs.

11 Mark it.

12 Appear here again.

13 Inetant.

1 New Croton River.

2 Lib. I. 52, of Deeds, Sec. of State's offe, Albany.

3 Now spelled " Mianus."

879

MAMARONECK.

he performen liis part accorded to bagen 1 as may apen connsarnend Land which he Is or (illegible) to performne

The a buv named horton Is obliged To Pay Sringo and the ras 2 of his (illegible) as folas 3

1 barel of Sidar

6 Shurts

5 galans of rum

1 Cot

1 slepe

And this to be payd ator before The furst day of Jnery nex in (three small words illegible) The day manshshened 5 July : 4: 170016

1 hors : 1 Sadal : 1 bridal

2 cots

1 caf

2 shurds 7

1 ancher of rum " 8

This deed included all the land that had not before bcen purchased, from Byram River northwestward to the Bronx River. In the month of June preceding, on the eleventh, twenty-three days prior to the execu- tion of the above deed, Seringo and two other Indians "in consideratione of a certain sum of money" decded to Colonel Heathcote, Capt. Joseph Theal, Lieut. John Horton,9 and Mr Joseph Purdy of Mamaroneck a tract "bounded as followeth,-Southerly by Byram River, Northerly to the Northwest corner of a great swamp commonly called the Round Swamp, thence a southwesterly line to Rye, great Pond, and bounded by the said pond westerly, and so runs to Harrisons great marked tree."

On the 5th of July 1701, the same Seringo and the other Indians deeded to Heathcote, Theal, Joseph Horton, and Purdy a tract bounded "southerly by the Colony Line, easterly by Mehanas River, north- erly by Bedford line and marked trees to Mehanas River, and southerly as said river goes against the stream to the head thereof." 10

On the 27th of March 1702 a deed for lands north of Cross River above Bedford village was executed to Colonel Heathcote by Katonah the Sagamore of all that region, which as it is not recorded is here given from the original in the hand writing of the

1 According to bargain.

2 Rest.

3 Follows.

+ January.

6 Mentioned. 6 So in the original.

7 Shirts.

8 This extraordinary deed is written on the reverse side of a private letter to Joseplı Horton from one Samuel Ufford, dated "Stratford the 14th day of May," but no year ; it is not recorded.

9 The draughtsman of the last Indian deed.

10 Rec. in " Albany Records," i. p. 94.

noted Zachariah Roberts 11 of Bedford, in the writer's possession :

Katonah's Deed to Col. Caleb Heathcote.

" This Bill of Seall bearing datc in the year one thousand seven hundred and two: testifyeth that we Katonalı, Wackamane and Wewanapeag proprietors of the sd land afternamed lying above Bedford and bounded Southward by Cross Riuer, eastward by Marked trees, westward by Cortlandt's land & North- wards petticus Small Riuer, which sd track of land is estimasion is five miles long and three miles wide : this above sd. upland & medow land we Katonah Wackamane and Wewanapeag, wc for ourselves and from our ayrs and all other indians whatsumeuer do sell, alienate, asigne, & sct over this abousd land lying in the County of Westchester & in ye provence of New Yorck unto Cornall Caleb Hethcut of Mama- ranuck and Captain petter 12 Mathews of new Yorck, Joseph purdy of Ry and Richard Scoffeld of Stan- ford, or any other conserncd in the aboue said pur- ches. We the aboue sd indiens trew proprietars of ye aboue sd land as the bounds are named we have sold & doe set over from us our ayrs executors administra- tors, or asignes for euer unto the aboue named Caleb Hethcut, petter Mathews, Joseph Purdy, Richard Scoffeld to them their ayrs exccutors administrators and asignes for euer with all the rights titles privileges & apurtenances thereunto belonging promising to them & theyrs that they shall enioye the same pees- ably without let or molestation from us or ours or any other indians laying any claime thereunto for euer, and we doe acknowledg that we have reciued full satisfacktion for the aboue said track of land as witness our hands and sealls this 27 day of March 1702.

Signed Sealled and delivered Katonah +

in Bedford in the pres

Wackamane +

ance of us Wewanapeag

Zechariah Roberts

John Dibell

John Miller

Chickheag +

Caconico +

Arottom +

Mangockem +

Acount of good

to one 6 guns to 12 par sockins

to anker of rum to 12 citels 13

to 20 bars of lead to 6 iron citels

to 12 drain 14 knifs to cotun cloth

11 Roberts was the leading man of Bedford, noted for his bitter hostility to the Church of England, and his intense desire to profit by all the public employments he could obtain.

12 Peter.

18 Sickles. 14 Drawing-knives.

880

HISTORY OF WESTCHESTER COUNTY.

to 20 knifs

to 12 hos 2

to 12 swords

to 12 axis "

to dufils-1 to blankits

to 10 barils of sider 3

One of the persons prominently engaged with Col- onel Heathcote in obtaining the several Indian deeds above set forth for the lands between Harrison and the Croton River was Joseph Horton of Rye the grantee in the above deed of the 4th of July 1701 for all the unpurchased land between Byram river and the Bronx. The following instrument shows the nature of the agreement between them and incident- ally Heathcote's precise view of his own bouuds and what belonged to him under his Richbell convey- ances in the territory covered by the foregoing Indian deeds and the three great patents subsequently based upon thein.

Agreement of Joseph Horton with Colonel Heathcote.

Whereas by virtue of a License from Coll. Benj" ffletcher late Governor of this Province unto Coll. Caleb Heathcote impowering him to buy any lands from the Indian Proprietors betwixt Scroton's River 4 and the north end of Harrisson's Pattent, the said Heathcote and Joseph Horton have [bought] & are about to buy of the Indian Proprietors considerable tracts & parcells of Land; Now know all men by these presents that It is mutually agreed & concluded betwixt the said Caleb Heathcote & Joseph Horton that such parts of any tract or parcells of land bought by them of the indian Proprietors as falls within said Heathcote's lines by virtue of his deeds from Mrs. Ann Richbell late deceased, the bounds whereof run with Mamaronock River to the head thereof thence in a north line twenty miniles iuto the woods from Westchester Path, now all such lands as fall within the lines of those deeds as before mentioned shall be and remain to the said Caleb Heathcote his Heirs & assigns forever notwithstanding any dced or bill of sale in Partnership betwixt said Heathcote & Horton to them from the indians, the said Heathcote paying and bearing the full charge of the purchase of all such land as falls within his lincs afforesaid, & the said Heathcote not claiming a greater breadth through said purchase that is, or shall hereafter be made by him & said Horton, than he has at Westchester Path, which is from Mamoronock River to Pipin's brook adjoyneing the great Neck. In witness whereof the said Joseph Horton hath here unto sett his hand & seal this ffourteenth of July in the year of our Lord one thousand seven hundred & one.

Signed Sealed & Delivered in presence of Benjamin Collier

Anne Millington

Joseph Horton (L. S.)5

Out of the lands the Indian title to which was ex- tinguished by the various Indian deeds above set forth were formed the three Great Patents that have been mentioned, the West Patent dated 14th February 1701 to ten Patentees, the Middle Patent dated 17th February 1701 to 13 Patentees, and the East Patent dated 2ª March 1701 to 11 Patentees. Ten of these Patentees were the same in all three Patents. They were the ten persons to whom the West Patent, the earliest of the three, was issued, and their names were Robert Walters, Leigh Attwood, Cornelius De Peyster, Caleb Heathcote, Matthew Clarkson, John Chollwell, Richard Slater, Robert Lurting, Barne Cosens, Laucaster Symes, all well known as promi- nent men of the City and Province of New York. In the Middle Patent in addition to the above ten, Joseph Theale, John Horton, and Joseph Purdy, all of Rye, appear as Patentees. In the East Patent besides the above ten Peter Mathews of Bedford ap- pears as a Patentee. Several of these Patentees held their shares not for themselves but in trust for friends and some of them sold their shares to other persons.

Immediately after the Patents were issued, all the different Patentees named in each executed joint cove- nants uuder seal, that no survivorship should take place among them, and that each should be divided into as many distinct parts as there were Patentees. The covenaut for the West Patent was dated February 18th 1702, those for the Middle and East Patents were both dated the same day, the 25th of June 1702.6

The following statement showing in the three Patents, the changes of the Patentees names, the Quit-reuts payable for each, the number of acres of improvable land in each, and their respective boun- daries, is from the original in the writer's possession. It is undatcd, but was evidently made out iu Colonel Heathcote's lifetime, and probably about 1715 or 1716.

The West Patent.

"Patent : 14 Feb : 1701

5000 Acres Improvable Land

£6, 5,0, Quit-Rent

10 Shares.

Patentees Nanies In trust for or sold to, R. Walter Schellenx & Lyon

L. Atwood

Clarksons

C. Depeyster

C. Heathcote

M. Clarkson

Jno. Chollwell - Quinby

R. Slater T. Weaver

R. Lurting

C. Heathcote

Barne Cosens

Peter Fanconnier

5 Original deed in Colo. Heathcote's handwriting in possession of the writer. It is not recorded.

6 From ancient copies of these covenants in the writer's possession.

1 A coarse and thick, but soft woolen cloth made in Holland. 2 lIoes.

3 This was a very good price for that day.

4 Now Croton River.

881

MAMARONECK.

Bounded Northerly,

By Croton River and the Mannor of Cortlandt, or one of them.

Easterly,

With Bedford Line of Three Miles Square, the White Fields, and Byram Point.

Southerly,

By the land of Jolin Harrison &c, Rye Line stretch- ing to Biram River and the White Plains,

Westerly,

By Brunk's River and the Mannor of Philipsburgh, Excepting out of ye Bounds aforesaid all ye Lands within Riehbell's Patent, now in ye Tenour & oecupa- tion of Coll. Caleb Heatheote.

The Middle Patent.

" Patent : 17 February, 1701 1500 Aeres Improvable Land £1, 17, 6 Quit Rent 13 Shares

Patentees Names In Trust for or Sold to

C. Heatheote

Jo. Theale

J. Horton

J. Purdy

R. Walter Sehellinx & Lyon Clarksons

Leigh Atwood

M. Clarkson

Lan. Symes

C. De Peyster

R. Slater

John Chollwell

Ye Heirs Coll. Depeyster Tho. Weaver - Quinby

Barne Cosens

P. Faneonnier

Robert Lurting

C. Heathcote

Bounded Southerly,

by the Division Line betweene ye Colony of Conneeti- cut and the Province of New York parallell to the Sound.

Easterly,

By Malanas River.

Northerly,

by Bedford Line and Markt Trees runing westerly to Mahanas River. Westerly,

again and as the said River goes against the stream to the head thereof, then along the Easterly branch of Biram River to the said Colony Line again where the same began.

The East Patent

" Patent : 2 Marelı 1701 6200 Aeres Improvable Land £7, 16, 0, Quit-Rent 11 Shares.

Patentees Names

Ro. Walter

Jno. Chollwell

L. Atwood

C. De Peyster

R. Slater

T. Weaver

Barne Cosens

P. Fanconnier

M. Clarkson

Lan. Symes

Rob. Lurting

C. Ileatheote

Bounded South

by the Division Line between N. Y. and said Colony of Connecticut, and so along said Line until it meets withı the Patent of Adolph Philipse, and so along his south- ern bounds till it meets with the Mannor of Cortlandt and from thence by a Line that shall run upon a direct course until it meets with the first easterly Line of 20 of the said Mannor of Cortlandt, and from thence along the said line Westerly till it meets with the Pat- ent granted to R. Walter & others, thenee southerly along the said Patent untill it meets with the bounds of the Township of Bedford & thenee round along said bounds untill it meets with the patent granted to Coll. Heathcote and others, and along the bounds of said Patent unto the Colony Line where it first began .--

Also a small Traet of Land beginning westerly at a great Roek on the Westmost side at the Southmost end of a Ridge Known by the Name of Richbell or Horse Ridge and from thenee Northwest and by North to Brunk's River, Easterly beginning at a mark'd Tree at the Eastmost side on the Southmost end of the said Ridge and thenee north to Brunk's River."

This West Patent by its bounds exeluded White- plains, which Colonel Heatheote elaimed under his Riehbell deeds and Patents. This led to a eontro- versy between him and some "Rye Men" who claimed Whiteplains as a part of their town. This elaim however remained passive, and nothing but a claim during Colonel Heathcote's life as the result of the Richbell verdict against Rye in 1696 (set forth above in full) the year before Colonel Heathcote bought the Richbell estate of Ann Riehbell. The land was then worth very little, and the Rye elaim- ants were very few. Colonel Heathcote died Febru- ary 28, 1720-21, and his entire estate passed under his will to his two daughters, Ann, the elder, subse- quently the wife of James de Laneey chief justice of the Province of New York who died its Governor in 1760, and Martha, the younger, subsequently the wife of Lewis Johnston, M.D., of Perth Amboy, New Jersey, who died in 1774. His widow, Mrs. Martha Heathcote, was the sole exeeutrix. By her and the two gentlemen just named, in the course of time, settlements were effected of Colonel Heathcote's in- terests in Whiteplains, the three patents above men- tioned and in Harrisson's purchase.

Peter Mathews

Caleb Heathieote

In Trust for or sold to Sehellinx & Lyon - Quinby Clarksons

882

HISTORY OF WESTCHESTER COUNTY.

In relation to White plains it has been stated er- roneously that Colonel Heathcote died, "about four years later " than 1702, in which year a committee of Rye people were appointed to agree with him on a line between his Patent and White plains, and that the question remained "still unsettled."1 This is an entire mistake, Colonel Heathcote lived nearly twenty years instead of four, after 1702, and maintained his right to White plains, but was always ready to agree with the Rye people about the matter, but they, though occasionally talking about it, practically re- mained passive, in consequence of the Richbell ver- dict against them of December 3, 1696, above set forth. Not till after Colonel Heathcote's death, which occurred on February 28, 1720-21, was the matter closed, though negotiations were pending in his life- time, and Governor Burnet's Patent for White plains was issued to Joseph Budd, Humphrey Underhill and others, bearing date the 13th of March 1721. The Patentees named therein, with four or five exceptions, were entirely different men from the "proprietors of the White plaines purchase " ? whose names appear in a list takeu from the Rye Town Records under date of 1720, in Bolton's History, (1st ed. vol. ii. p. 341) and copied in Baird's Rye and Bolton's second edition. This list was probably one of the proprie- tors of some part of the grants embracing the present township of Rye.

The terms of the settlement with Rye of adjoining lands with Colonel Heathcote's representatives, about which there was dispute are thus set forth, in "Notes of agreement between Rye and Devisees of Heath- cote," in the writer's possession :- "Rye is to give us their title to all lands which we claim in Harrison's purchase, as also to all the lands lying between the old Collony Line and Mamaroneck River and the White plains. We are to give them the benefit of the covenants in Jamison's deed to Coll. Heathcote for the purchase lands." This was carried out by a deed from Robert Bloomer, John Budd, Samuel Purdy, John Horton, Nathan Kniffen, John Disbrow, Samuel Brown, Roger Park, Joseph Galpin, Abra- ham Brundige, and nineteen other inhabitants of Rye and White plains, to Mrs. Ann de Lancey and Mrs. Martha Johnston dated September 5th 1739 for all the lands referred to in the above agrcement.3 In connection with these matters it must be borne in mind that when the first claim of the Rye people was defeated by the verdict against them in favor of Mrs. Richbell of December 3, 1696, they were already greatly angered by the grant of the Patent to John Harrison and his associates for what has ever since been known as "Harrison's Purchase" by the Governor of New York, on the 25th of June 1696, about six months

before the verdict was rendered. They claimed that territory under an Indian deed to Peter Disbrow and three others of 2d June 1662, for " a certain tract of land above Westchester Path to the marked trees bounded with the above said Blind Brook," (this is the whole description) and as being in Connecticut of which they insisted Rye was a part, but they never would take out a patent for it. Hence when the Quaker Harrison, and his four or five associates, ap- plied to the New York government for a grant of it as "unappropriated and vacant land" it was, after due deliberation, granted them by Patent. In order to quiet the border disputes of that day they had pre- viously tried to get the people of Rye to take out a patent for this land, but they always refused to do so. This grant for Harrison's Purchase, and the Richbell verdict coming only about six months after it, was more thau the Rye people thought they could bear, and therefore, early in 1697, they revolted, seceded from New York, and again set themselves up as a part of Connecticut. The New York government by peaceful means tried to bring them back, but in vain, and this secession continued for about three years, until King William by a sharp "Order in Council," made on the 28th of March, 1700, ordered them back to the old jurisdiction, in the words of the order "forever thereafter to remain under the Government of the Province of New York." + That government in the beginning had even tendered them a Patent, and Colonel Heathcote, who was one of the Gover- nor's Council, at the request of the latter, in 1697 weut to Rye, and personally endeavored to settle the controversy. His letter to the Governor and Council describing his visit and its failure, gives the facts of the case very clearly, and they prove that their own folly lost the Harrison lands to the people of Rye. "I asked them " he says, " why they did not take out a patent when it was tendered them. They said they never heard that they could have one. I told them that their argument might pass with such as knew nothing of the matter, but that I knew better; for that to my certain knowledge they might have had a patent had they not rejected it; and that it was so far from being done iu haste or in the dark, that not a boy in the whole Town, nor almost in the County, but must have heard of it; and that I must always be a witness against them, not only of the many mes- sages they have had from the Government about it, but likewise from myself." * * *

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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 217

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