USA > New York > New York City > History of the city of New York, from its earliest settlement to the present time > Part 46
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12. And further, I do by these presents, for and on the behalf of his most sacred majesty aforesaid, his heirs and successors, grant to the mayor, aldermen, and commonalty of the said city, that they and their successors be forever, persons able and capable, and shall have power to pur- chase, have, take, and possess in fee simple, lands, tenements, rents, and other possessions within or without the same city ; to them and their successors forever, so as the same exceed not the yearly value of one thousand pounds per annum, the statute of mortmain or any other law to the contrary notwithstanding ; and the same lands, tenements, hereditaments, and premises, or any part thereof, to demise, grant, lease, set over, assign, and dispose at their own will and pleasure; and to make, seal and accomplish, any deed or deeds, lease or leases, evidences or writings, for or concerning the same, or any part thereof, which shall happen to be made and granted by the said mayor, aldermen, and commonalty of the said city for the time being.
13. And further, I do by these presents, for and on the behalf of his most sacred majesty afore- said, his heirs and successors, grant to the said mayor, aldermen, and commonalty, that they and their successors shall, and may forever hereafter, hold and keep within the said city, in every week of the year, three market days, the one upon Tuesday, the other upon Thursday, and the other upon Saturday, weekly forever.
14. And also, I do by these presents, for and on the behalf of his most sacred majesty aforesaid, his heirs and successors, grant to the mayor, aldermen, and commonalty of the said city, that they and their successors and assigns, shall and may at any time or times hereafter, when it to them shall seem fit and convenient, take in, fill and make up, and lay out, all and singular the lands and grounds in and about the said city and Island Manhattan's, and the same to build upon, or make use of, in any other manner or way, as to them shall seem fit, as far into the rivers the eof, aud that encompass the same, at low-water-mark aforesaid.
15. And I do, by these presents, for and on the behalf of his most sacred majesty aforesaid, his heirs and successors, give and grant unto the aforesaid mayor, aldermen, and commonalty of the said city of New York, and their successors, that they and their successors shall and may have, hold and keep, within the said city and liberties, and precincts thereof, in every week in every year forever, upon Tuesday, one court of common pleas, for all actions of debt, trespass, trespass upon the case, detinue, ejectment, and other personal actions; and the same to be held before the mayor, recorder, and aldermen, or any three of them, whereof the mayor or recorder to be one, who shall have power to hear and determine the same pleas and actions, according to the rules of the common law, and acts of the general assembly of the said province.
16. And I do, by these presents, for and on behalf of his most sacred majesty aforesaid, his heirs and successors, grant to the said mayor, aldermen, and commonalty of the said city of New York, and their successors, that the said mayor, aldermen, and commonalty of the said city, aud their successors, shall have and enjoy all the privileges, franchises, and powers, that they have and nse, or that any of their predecessors, at any time within the space of twenty years last past, had, took, or enjoyed, or ought have had, by reason, or under any pretence of any former charter, grant, prescription, or any other right, custom, or usage, although the same have been forfeited, lost, or have been ill-used, or not used, or abused, or discontinued, albeit they be not particularly mentioned ; and that no officer shall disturb them therein under any pretence whatsoever, not only for their future, but their present enjoyment thereof ; provided always, that the said privileges, franchises and powers be not inconsistent with or repugnant to the laws of his majesty's kingdom of England, or other the laws the general assembly of this province as aforesa'd. And saving to his most sacred majesty aforesaid, his heirs, successors and assigns, and the lieutenants, governors, and commanders-in-chief, and other officers under him, and them in Fort James, in or by the city of New York, and in all the liberties, boundaries, extents, privileges thereof, for the maintenance of the said fort or garrison there, all the right, use, title and authority which they or any of them have had, used or exercised there ; and also, one messuage or tenement next the city hall, and one message by the fort, now in the possession of Thomas Coker, gent. The piece of ground by the gate, called the governor's garden, and the land without the gate, called the king's farm, with the swamp next to the same land by the fresh water; and saving the several rents and quit-rents reserved, due and payable from several persons inhabiting within the said city and Island Man- hattan's, by virtue of former grants to them made and given, and saving to all other persons, bodies politic and corporate, their heirs, successors and assigns, all such right, title and claim, possessions, rents, services, commons, emoluments, interest in and to anything which is theirs (save only the franchises aforesaid) in as ample manner as if this charter had not been made.
17. And further, I do appoint and declare, that the incorporation to be founded by this charter shall not at any time hereafter do or suffer to be done anything by means whereof the lands, tenements or hereditaments, stock, goods or chattels thereof. or in the hands, custody, possession
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of any of the citizens of the said city, such as have been set, let, given, granted or collected, to and for pious and charitable uses, shall be wasted or misemployed contrary to the trust or intent of the founder or giver thereof, and that such and no other construction shall be made thereof than that which may tend most to advantage religion, justice and the public good ; and to suppress all acts and contrivances to be invented, or put in use contrary thereunto. In witness whereof, I have caused these presents to be entered in the secretary's office, and the seal of the said province to be hereunto affixed, this seven and twentieth day of April, in the second year of the reign of his most sacred majesty aforesaid, and in the year of our Lord God, one thousand six hundred and eighty-six.
THOMAS DONGAN.
By virtue, or under pretext whereof, the said citizens and inhabitants from the date thereof, hitherto have held or claim to hold and still do hold, or claim to hold and enjoy, all and singular the rights, privileges, franchises, preëminences, advantages, jurisdictions, courts, powers, profits, immunities, lands, tenements, hereditaments and other the premises therein particularly mentioned and thereby intended to be granted. And whereas, the citizens and inhabitants of the said city of New York, besides the several public buildings, accommodations, conveniences and other things in the before recited grant or writing mentioned to have been by them erected, built and appro- priated have, since the making thereof, built and appropriated at their own proper costs and charges, several public buildings, accommodations and conveniences, for the said city, that is to say, the present city hall and jails, rooms and places for the sitting of courts of justice and cham- bers adjoining, with the ground and appurtenances thereunto belonging, five market houses, the present c ane and bridge, with the common sewer leading through the great dock, and a magazine or powder house near the fresh water, and several other public buildings and conveniences in the said city ; and have built the new ferry houses on the island of Nassau for the reception of travellers, with a barn, stables and pen, or pound for cattle. And whereas, our late royal predc- cessor, Queen Anne, by her letters patent, under the broad seal of the province of New York made, bearing date the nineteenth day of April, in the seventh year of her reign, did grant, ratify and confirm unto the then mayor, aldermen and commonalty of the city of New York, and to their successors and assigns, in these words following, to wit, Anne, by the grace of God, of England, Scotland, France and Ireland, queen, defender of the faith, etc. : To all whom these presents may in any wise concern, sendeth greeting : Whereas, the mayor, aldermen and commonalty of the city of New York, by their petition to our right trusty and well beloved cousin Edward Viscount Corn- bury, our captain-general and governor-in-chief, in and over our province of New York and terri- tories depending thereon in America, and vice-admiral of the same, etc., preferred in council ; therein setting forth, that they have a right and interest, under divers ancient charters and grants by divers former governors and commanders-in-chief of our said province of New York, under our noble progenitors, in a certain ferry from the said city of New York, over the East River to Nassau Island (alias Long Island), and from the said island to the said city again, and have possessed the same, and received all the profits, benefits and advantages thereof, for the space of fifty years and upwards ; and perceiving the profits, advantages and benefits usually issuing out of the same to diminish, decrease and fall short of what might be reasonably made of the same, for the want of the bounds and limits to be extended and enlarged on the said island side, whereby to prevent divers persons from transporting themselves and goods to and from the said Island Nassau (alias Long Island) over the said river, without coming or landing at the usual and accustomed places where the ferry boats are usually kept and appointed, to the great loss and damage of the said city of New York ; have humbly prayed our grant and confirmation, under the great scal of our said province of New York, of the said ferry, called the Old ferry, on both sides of the East River, for the transporting of passengers, goods, horses and cattle to and from the said city, as the same is now held and enjoyed by the said mayor, aldermen and commonalty of the said city of New York, or their under-tenant or under-tenants ; and also, of all the vacant and unappropriated land, from high-water mark to low-water mark, on the said Nassau Island (alias Long Island) lying contiguous and fronting the said city of New York, from a certain place called the Wall-about unto the Red Hook, over against Nutten Island, for the better improvement and accommodation of the said ferry ; with full power, leave and license to set up, establish, maintain and keep one or more ferry or ferries, for the ease and accommodation of all passengers and travellers, for the transportation of themselves, goods, horses and cattle over the said river, within the bounds aforesaid, as they shall see meet and convenient and occasion require ; and to establish, ordain, and make by-laws, orders and ordinances, for the due and orderly regulation of the same: The which petition we being minded to grant. Know ye, that of our especial grace, certain knowledge and mere motion we have given, granted, ratified and confirmed, and in and by these presents, for us, our heirs and sue- cessors, we do give. grant, ratify and confirm unto the said mayor, aldermen and commonalty of the city of New York, and to their successors and assigns, all that the said ferry, called the Old
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ferry, on both sides of the said East River, for the transportation of passengers, goods, borses and cattle over the said river, to and from the said city and island, as the same is now used held and enjoyed by the said mayor, aldermen and commonalty of the city of New York or their under tenant or under-tenants, with all and singular the usual and accustomed ferriage fees, perquisites, rents, issues, profits and other benefits and advantages whatsoever, to the said Old ferry, belonging or therewith used, or thereout arising; and also, all that the aforesaid vacant and unappropriated ground lying and being on the said Nassau Island (alias Long Island) from high-water mark to low- water mark aforesaid, contiguous and fronting the said city of New York, from the aforesaid place called the Wall-about to Red Hook aforesaid ; That is to say, from the east side of the Wall-about, opposite the now dwelling-house of James Bobine, to the west side of the Red Hook, commonly called the fishing place, with all and singular the appurtenances and hereditaments to the same, or any part or parcel thereof belonging or in any wise of right appertaining; together with all and singular the rents, issues, profits, ways, waters, easements and all other benefits, profits, advantages and appurtenances, which heretofore have, now are, and which hereafter shall belong to the said ferry, vacant land and premises hereinbefore granted and confirmed, or to any or either of them in any wise appertaining, or which heretofore have been, now are, and which hereafter shall belong, be used, held, received and enjoyed; and all our estate, right, title and interest, benefit and advantage, claim and demand, of, in or to the said ferry, vacant land and premises, or any part or parcel thereof, and the reversion and reversions, remainder and remainders, together with the yearly and other rents, revenues and profits of the premises, and of every part and parcel thereof; except and always reserved out of this our present grant and confirmation, free liberty, leave and license, to and for all and every person or persons, inhabiting or having plantations near the sa d river, by the waterside, within the limits and bounds above-mentioned, to transport themselves, goods, horses and cattle over the said river to and from the said city of New York and Nassau Island (alias Long Island) to and from their respective dwellings or plantations, without any ferriage or other account to the said ferry, hereby granted and confirmed to be paid or given ; so always as the said person or persons do transport themselves only, and their own goods and in their own boats only, and not any stranger or their goods, horses or cattle, or in any other boat : To have and to hold, all and singular the said ferry, vacant land and premises hereinbefore granted and confirmed, or meant, mentioned or intended to be hereby granted and confirmed (except as is hereinbefore excepted) and all and singular the rents, issues, profits, rights, members and appurtenances to the same belonging or in any wise of right appertaining unto the said mayor, aldermen and commonalty of the city of New York, and their successors and assigns forever; to the only proper use and behoof of the said mayor, aldermen and commonalty of the city of New York, and their successors and assigns forever ; to be holden of us, our heirs and successors in free and common socage, as of our manor of East Greenwich, in the county of Kent, within our kingdom of England ; yielding, rendering and paying unto us, our heirs and successors for the same yearly at our custom house of New York, to our collector and receiver-general there for the time being, at or upon the feast of the nativity of St. John the Baptist, the yearly rent or sum of five shillings, current money of New York.
And we do further, of our especial grace, certain knowledge and mere motion for us, our heirs and successors, give and grant unto the said mayor, aldermen and commonalty, and their successors. full and free leave and license to set up, establish, keep and maintain one or more ferry or ferries, as they shall from time to time think fit and convenient, within the limits and bounds aforesaid, for the ease and accommodation of transporting of passengers, goods, horses and cattle, between the said city of New York and the said island (except as is hereinbefore excepted) under such reasonable rates and payments as have been usually paid and received for the same ; or which at any time hereafter shall be by them established by and with the consent and approbation of our governor and council of our said province for the time being. And we do further, of our especial grace, certain know- ledge and mere motion, give and grant unto the said mayor, aldermen and commonalty of the city of New York and their successors, full and absolute power and authority, to make, ordain, establish, constitute and confirm all manner of by-laws, orders, rules, ordinances and directions for the more orderly keeping and regularly maintaining the aforesaid ferry that is now kept, or any ferry o. ferries, which shall at any time or times hereafter be set up, established or kept within the bounds aforesaid, by virtue hereof, or of, for, touching or concerning the same (so always as the same be not contrary to our laws of England, and of our province of New York) and the same at all times hereafter to be put in execution, or abrogate, revoke or change as they in their good discretion shall think fit and most convenient for the due and orderly keeping, regulating and governing the said ferry or ferries hereinbefore mentioned.
And lastly, our will and pleasure is, and we do hereby declare and grant that these our letters patent or the record thereof in the secretary's office of our said province of New York, shall be good and effectual in the law to all intents and purposes whatsoever, notwithstanding the not true
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and well reciting or mentioning of the premises or any part thereof, or the limits or bounds thereof, or of any former or other letters patents, or other grants whatsoever made or granted; or of any part thereof, by us or any of our progenitors, unto any person or persons whatsoever, bodies politic or corporate, or any law or other restraint, incertainty or imperfection whatsoever, to the contrary or in any wise notwithstanding, and although express mention of the true yearly value or certainty of the premises or any of them, or of any other gifts or grants by us or by any of our progenitors heretofore made to the said mayor, aldermen and commonalty of New York, in these presents, is not made, or any other matter, cause or thing whatsoever to the contrary thereof in any wise not- withstanding. In testimony whereof, we have caused these our letters to be made patent, and tlie seal of our said province of New York to our said letters patent to be affixed, and the same to be recorded in the secretary's office of our said province. Witness our right trusty and well-beloved cousin Edward Viscount Cornbury, captain-general and governor-in-chief in and over our province of New York aforesaid, and territories thereon depending in America, and vice-admiral of the same, etc., in council at our fort in NewYork, the nineteenth day of April, in the seventh year of our reign, Annoq. Domini, one thousand seven hundred and eight.
By virtue, or under pretext whereof, the said inhabitants and citizens of the city of New York have held and enjoyed, or have claimed to hold and enjoy, and still do hold or claim to hold, the ferry, vacant land, perquisites, profits, privileges, powers and other premises in the before recited letters patent, mentioned and intended to be thereby granted. And whereas, besides all the afore. said particulars in the said grant or instrument made in the aforesaid year of our Lord one thou- sand six hundred eighty and six, and in the before recited letters patent of Queen Anne, mentioned or intended to be thereby granted the citizens and inhabitants of the said city of New York, have anci- ently held or claimed to hold, use and enjoy divers and sundry other rights, privileges, franchises, pre- eminences, advantages, jurisdictions, emoluments, powers, profits, immunities, lands, tenements, and other hereditaments, as well by prescription as by divers grants and confirmations of and from divers governors, lieutenant-governors and commanders-in-chief of the said province, by the name of mayor, aldermen and commonalty of the city of New York, and by divers other names, stiles and titles and otherwise.
And whereas, divers questions, doubts, opinions ambiguities, controversies and debates have arisen and been made as well upon and concerning the validity and force of the said recited grant or writing, dated in the year of our Lord one thousand six hundred and eighty-six, and the before recited letters patent of Queen Anne, as upon all and every the other grants and confirmations of divers governors, lieutenant-governors and commanders-in-chief, made to our city of New York, as aforesaid, by reason of the variety of names, styles, titles and incorporations aforesaid, and by rea- son that the before recited grant or instrument, dated in the year of our Lord one thousand six hundred and eighty-six, and the other grants and confirmations of divers governors, lieutenant- governors and commanders-in-chief, were made in the governors' own names respectively, when they should have been made in the respective names, styles and titles of former kings and queens, our royal predecessors, under whom they were governors, lieutenant-governors or com- manders-in-chief respectively, and by reason, as some suggest and say, that the said city, or inhabi- tants or citizens thereof, never were well, regularly or legally incorporated, and for want thereof none of all the said grants, confirmations, instruments or letters patent, hereinbefore mentioned, could take effect or operate; and for divers other defects in all, some or one of the aforesaid grants, confirmations and writings ; and also upon the validity and force of the prescription afore- said. And whereas, our well-beloved subjects, the mayor, aldermen and commonalty of our said city of New York, by their humble petition presented to our trusty and well-beloved John Mont- gomery, Esq., our captain-general and governor-in-chief of our provinces of New York and New Jersey, and territories depending thereon in America, and vice-admiral of the same, etc., in council, reciting among other things, that the city of New York is an ancient city, and the citizens thereof have anciently held and used, and still do use and hold, divers and sundry rights, liberties, privileges, franchises, free-customs, preëminences, advantages, jurisdictions, emoluments, immunities, lands, tenements, public buildings and hereditaments, as well by the name of the mayor, aldermen and commonally of the city of New York, as otherwise, to the advancement of the said city in the number of its buildings, and inhabitants, whereby the said city is become a considerable seaport, and exceedingly necessary and useful to our kingdom of Great Britain, in supplying our govern- ments in the West Indies with bread, flour and other provisions ; wherefore they prayed, among other things, for our confirmation and grant to the said city and corporation, by the name, style and title of the mayor, aldermen and commonalty of the city of New York, of all their lands, tene- ments, public buildings and hereditaments, wharves, docks, bridges, slips, ferries, cranes, grants, charters, rights, liberties, privileges, franchises, free-customs, preëminences, advantages, jurisdic- tions, emoluments and immunities, now and heretofore by them held and enjoyed ; and that they might have the soil four hundred feet beyond low-water mark, on Hudson's river, from a certain
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creek or kill called Bestaver's Killitie, southward to the fort, and from thence the same number of feet beyond low-water mark round the fort and along the East River as far as to the north side of a certain hill called Corlaer's hook; and also for a grant of such other powers, liberties, franchises, rights, free-customs, jurisdictions, privileges immunities and things as may be needful for the good rule and government of the said city. And we, considering that the strength and increase of our good subjects, in that our frontier province of New York does in a great measure depend upon the welfare and prosperity of our said city, wherein the trade and navigation thereof are chiefly and principally carried on, promoted and encouraged ; and we, affecting the good and happy estate of our said city, and the steady loyalty and integrity of the inhabitants and citizens thereof, are very desirous and willing to give encouragement to the said city, inhabitants and citizens, and to remove, utterly abolish, and wholly take away all and all manner of causes, occasions and matter, whereupon such questions, doubts, opinions, ambiguities, controversies or debates as aforesaid, or any other question or doubts may or can arise ; and in order thereunto, we have thought fit, them, the said inhabitants and citizens of the said city of New York (by whatsoever name or names they have been or were incorporated, or whether they have been or were heretofore incorporated or not ) into one body politic and corporate, by the name of the mayor, aldermen and commonalty of the city of New York, by our letters to make, constitute, confirm, renew and of new to create. And. ace, being also further willing and fully intending and desiring that the said inliabitants and citizens, of our said city, by the name aforesaid, should have perpetual succession, and should hold, possess, and enjoy, all and singular, the rights, privileges, liberties, franchises, preeminences, advantages, jurisdictions, courts, powe. s, offices, authorities, ferries, fees, fines, perquisites, profits, immunities, rents, possessions, lands, tenements and other hereditaments, not only which in the before recited grants, confirmations, writings and letters patent are mentioned, or intended to be thereby granted, but also, which they have held or claim to hold, by prescription or otherwise, with the alterations aud enlargements thereof and additions thereto, in such manner and form as hereafter is mentioned and contained, notwithstanding the before mentioned or any other question, doubts, opinions, anıbi- guities, debates, faults, or imperfections.
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