USA > New York > Ulster County > Marlborough > History of the town of Marlborough, Ulster County, New York, from its earliest discovery > Part 2
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It will be observed that what is now the Towns of Marlborough and Platekill were embraced in this tract. This land, purchased by Gov. Dongan, was conveyed by Gov. Benjamin Fletcher, his successor, in a patent to Capt. John Evans, dated September 12, 1694, and was called the Manor of Fletcherdon. The patent, however, was in 1699, annulled by an act of the . Colonial Assembly, and the land reverted to the Crown. It was claimed that while these lands were
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HISTORY OF MARLBOROUGH.
in the possession of Evans, no settlements were made, except one by a family near Murderer's Creek, but by his petition it appears that he had planted several families of Scotch and Irish on the lands and had disbursed a large sum of money in clearing and im- proving the same, and it is quite certain that Dennis Relje (Relyea), or as he was afterwards called " Old Dennis " was settled on the stream that is now called the Old Man's Kill at the present village of Marl- borongh soon after Evans got the patent. He was the first settler of the town of whom we have any knowledge; and the stream or kill there was called after him. We find it so called in the year 1697. Evans tried very hard to have this patent restored to him and he made the following petition :
To the Queen's most excellent Majesty
The humble Petition of John Evans Captn of your Majesty's ship the Defiance Sheweth - That your petitioner being Com- mander of the Richmond Man-of-Warr in the year 1693. was sent to attend the province of New York in America, where he continued almost six years, and performed considerable Service for the benefit of that Colony.
That Coll: Benjamin Fletcher then Govr of New York in consideration thereof and of five hundred pounds paid to him by your Petitioner, in lieu of his established fees upon grants of lands, by letters Patent under the great seal of that province, granted unto your petitioner and his heirs, a large tract of un- appropriated land called Murderers creek, containing 18 miles in length fronting on Hudson's River, and 30 miles backwards which had been bought by Coll Dongan when Govr of New York from the Indian natives for seventy pounds. On which tract your Petitioner expended great sums of money in clearing several places for Farms, and planted several familys of Scots and Irish under Annual rents, intending to retire thither him- self. when there should be a happy and lasting peace.
That after Coll: Fletcher and your Petn'r being commanded from New York to Engld the late Earl of Bellamonte next succeeding Govr of that Colony, having conceived some pre- judice to them both, and designing to take to his own use and profit several tracts of land which had been granted by Coll : Fletcher to your Petitioner and others in order thereunto. pro-
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THE TOWN OF MARLBOROUGH.
cured an Assembly to be chosen of Ignorant, necessitous and profligate persons (most of them Dutch) who by his direction passed an Act. Intitled: an Act for destroying extravagant grants made by Coll: Fletcher, whereby Your Petitioner was stript of his lands and improvements, but the said act being sent over for the confirmation of the late King William the third, His Majesty upon a true representation of the ill prac- tices used to obtain that act, refused to confirm it, but not rejecting it, the same continued in force till repealed by a subsequent law.
That upon the arrival of the Lord Viscount Cornbury to that Govermit the inhabitants of the province, thinking their Titles precarious whilst such an Act remained in force, applyd for redress to the first Assembly conven'd by His Lordp, who by another Act. unanimously repealed the said Act passed during the Earl of Bellamont's administration, whereby Your Petitioner was restored to and enjoyed his lands, till Your Majesty sent a great number of Palatines to New York. when Your Majesty having not been truly informed, how those acts were obtained, was prevailed on to confirm the Act of Assembly made during the Lord Bellamont's time. for destroying Coll : Fletcher's Grants and to reject the said Act of Repeal passed in the Lord Cornbury's time, and to grants Your Petitioner's lands to those Palatines, by which means your Petitioner. who has been in your Majesty's sea service, during your whole Reign and faithfully discharged his trust. is deprived of his property, and of an Estate for which he had been offered ten thousand pounds sterling money in England, without being heard in his defence or having the least notice thereof, till at his last return from the Straights, he was informed of it to his great surprise :
Your Petitioner therefore most humbly prays, that Your Majesty will be graciously pleased to restore him the said Tract of Land ( there being other unappropriated lands in New York sufficient to receive the Palatines) or to give your Petitioner an equivalent for it. And your Petitioner shall ever pray ette. Nov. 1. 1:11.
Evans never recovered these lands, and it became the policy of the government thereafter to discontinue granting such extensive tracts, but to issue smaller patents to actual settlers, or to those who would settle people upon them. The lands embraced in what is now the Town of Marlborough were granted by
22
HISTORY OF MARLBOROUGH.
patent to John Barbarie, Griggs and Graham, William Bond, Archibald Kennedy, Lewis Morris, and Com- pany, and George Harrison. Hugh Wentworth ap- pears to have had a patent on the line of this town, and between that and a line from Paltz Point to Blue Point. A description of the patents will be hereafter given. .
There was no civil organization of the lands now embraced in the Town of Marlborough until after the colony called the Palatines settled in 1709 where New- burgh now is. In 1710 the Precinct of Highlands was formed with limits undefined, by an order of the Court of Sessions of Ulster county.
The organization of the territory remained the same until 1743 when by an Act of Assembly three full precinets were formed, having all the officers of towns and exercising all their duties. These precinets so formed were Wallkill, Shawangunk, and High- land precinets, Highland embracing what is now Marlborough, Plattekill, Newburgh and New Windsor. It embraced the patents lying along the Hudson River from Murderer's Creek, (Moodney Creek,) to the line of New Paltz, and was more particularly described in the Act of 1743 as " bounded on the eastward by Hudson's River, on the sonthward by Murderer's Creek, on the westward by the east bounds of Cold- en's, Johnson's, Van Dam's, and Barbarie's patents, and north by the south bounds of Paltz patent."
The precinct meetings were to be held "at the house of Jolm Humphrey, Jr. (at Little Britain), on the first Tuesday of April, annually," for the elec- tion of precinct officers.
In 1743, by an Act of Assembly, for the better clear- ing and further laying public roads, Capt. Thomas Ellson, Capt. Alexander Colden, and Mr. Zacharias Hofman, Jr., were appointed commissioners. The roads were to be four rods wide except through
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THE TOWN OF MARLBOROUGH.
meadows and improved lands, each of the commis- sioners to receive for compensation a sum not to ex- ceed six shillings a day for each day as a reward for his care and trouble.
The precinct of the Highlands continued in exist- ence for more than fifty years and until 1762 (I am unable to find any record of its proceedings or history during this time, ) when it was divided into the precincts of Newburgh and New Windsor by a line beginning at the mouth of Quassaick Creek and running thence along the south bounds of a tract of land commonly called the German Patent to another tract granted to Alexander Baird, and then along the southerly bounds of the said last-mentioned tract to the Wallkill pre- cinet; all the lands heretofore comprehended within the said Highland precinct lying to the southward of the aforesaid dividing line to be called by the name of New Windsor precinct and all the lands heretofore comprehended within the said Highland precinct lying to the northward of the said line to be called by the name of Newburgh precinct.
By an Act of Assembly in 1762, Capt. Jonathan Hasbrouck, Lewis DuBois, and Samuel Fowler were appointed Commissioners of Highways.
The Act of Assembly, passed December 11, 1762. which divided the Highland precinct into the pre- cinets of Newburgh and New Windsor, directed that the first precinct meeting should be held at the house of Capt. Jonathan Hasbrouck. This house is the present Washington Headquarters at Newburgh, and the records of the persons chosen to the different offi- ces, and the business transacted at the precinct meet- ings is given for nine years up to 1772. These are hereafter given in full for the reason that the transactions apply to the territory which is now the city and town of Newburgh in Orange county and the towns of Marlborough and Plattekill in Ulster
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24
HISTORY OF MARLBOROUGH.
- all at the time being within the limits of Ulster, and the relations of Plattekill and Marlborough have always been closely intimate with Newburgh; in fact they have always been dependent upon Newburgh as a business center, and it is thought it might be inter- esting to the people of the southern part of the county, and also of Newburgh, to have the records in their entirety. It is impossible to locate the resi- dences of the different persons named; many of them were residents of Marlborough and Plattekill, and some of the roads laid out at the time are now within the bounds of Marlborough and Plattekill, and the population of what is now Marlborough and Plattekill was about the same as what is now Newburgh.
In 1772 by an Act of Assembly the Newburgh pre- cinet was divided by a line running along the north bounds of the Harrison, Bradley, Wallace, Kip and Cruger, and Jamison Patents to the precinct of Shawangunk, "all the lands lying to the northward of said line to be called and known by the name of New Marlborough Precinct, and all the land south of said line to continue to be called Newburgh Precinct." This Act of 1772 provided that the first precinct meet- ing should be held on "April ve 7th, 1772, at the house of Henry Deyo in Lattintown." A full set of precinet or town officers, except commissioners, were chosen and other business transacted, and it is quite plain to distinguish whether the persons named re- sided in what is now the Marlborough or Plattekill part. The proceedings of that meeting are herein- after given. By Act of Assembly, 1772. Samuel Car- penter. Lewis DuBois, Caleb Merritt, Joseph Morey and Richard Woolsey were appointed Commissioners of Highways for the precinct.
The precinct of New Marlborough became a town and took the name of the town of New Marlborough
25
THE TOWN OF MARLBOROUGH.
in 1788. In the year 1800 what is now the town of Plattekill was set off and Marlborough was left as it is to-day. When the law of 1813 was enacted, divid- ing the county into towns, the boundaries of Marl- borough were stated as follows: "That part of the county of Ulster bounded easterly by the middle of Hudson's River, southerly by Orange county, west- erly by a line beginning on the line of the said county of Orange, two chains and seventy-five links east of the north corner of a tract of land called the five patentees; from thence on a straight line northward to the most easterly bounds of Robert Teft's land where it joins the town of New Paltz, and northerly by a tract of land granted to Louis DuBois and his partners, called the New Paltz Patent, shall be and continue a town by the name of Marlborough." The area of the town is 14,300 acres, and the population in 1900 was 4,000.
What is known as the Evans tract, mentioned else- where, formerly embraced the whole territory of this town and much more. This was an immense tract embracing many thousand acres, and granted by the then Governor to Capt. John Evans.
There was a controversy during 1691, 1692 and 1693, as to the propriety of making a grant so large. On the accession of the Earl of Bellomont to the governorship, he and the assembly annulled the trans- action, but the act was not approved by William III : it was suffered to remain as the law, but the grant was annulled in May, 1699, and the land reverted to the crown.
CHAPTER II.
PATENTS AND LAND GRANTS.
The original subdivisions of the town were made in early times by large land grants or patents conveyed by the Province of New York in the name of the King or ruler of Great Britain for the time being. Most were made to favorites for nominal considerations and only one, Captain William Bond, settled upon the lands so granted.
The first patent was granted to John Barbarie in 1709, as follows:
Anne by the Grace of God, of Great Britten, France and Ire- land, Queene Defender of Faith, by the Governor of the Province to John Barbarie. Paying therefore yearly and every year from thence forth at our Custom House in the City of New York to our collector or receiver general, then for ye time being at or upon ve First day of St. Michael. the Archangel, (commonly called Michalmas Day), the rent or sum of two shillings and six pence for every 100 acres of land and within the space of three years, clear and make improvements of three acres of land at the least for every 50 acres, and if not done to revert back.
Beginning on the west side of Hudson River at the south bounds of ye Paltz Patent and runs along Hudson's River on a straight line southerly 100 chains and then into ve woods North 61 degrees West 182 chains and thence in ye rear North 22 degrees East 120 chains to the limits of ye Paltz and soe by the said limits South 55 degrees East 184 chains to Hudson's River where it first began : containing 2000 acres.
It will be seen that this had a river front of a mile and a quarter, extending from the town line on the north to about where the brook empties into the river south of the Handley dock. Mostly all of Milton is on this tract.
The next patent was the Bond Patent, 1710, which patent I give in full to show the conditions of these
[27]
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HISTORY OF MARLBOROUGH.
grants. They are all substantially the same and are quite a curiosity at this day :
Anne, by the grace of God, quene of Great Britain, France and Ireland, defender of the faith &c., to all whom these presents shall come, or may in any wise concern, greeting :
Whereas, our loving subject, William Bond, by his humble petition presented to our trusty and well beloved Robert Hunter, Esquir, Captain Generall and Governour-in-chief of our provine of New York and territory depending thereon in America, and Vie Admirall of the same in Council hath prayed our Grant and confirmation of a certain tract of Land in the County of Ulster, being part of the Land formerly granted to Captain John Evans, now vacated and reserved :
Beginning on the West side of Hudson's river, in the line of the South bounds of the land of Mr. John Barbarie, it runs with the said Line up into the woods North sixty-one degrees, West one hundred and seventy chains, thence South three degrees, East fifty-one chains, thence South sixty-one degrees, East one hundred and fifty chains to Hudson's river : thence up the river Runs to the place where it first begun, containing in the whole six hundred acres English measure, being bounded North- ward by the said land of the said John Barbarie. Westward by land not yet surveyed, Southward by land not yet surveyed, and Eastward by Hudson's river aforesaid, the which Petition we being willing to grant
KNOW YE that of our especiall grace certain knowledge and meer motion we have given, granted, ratified and confirmed and by these presents do for us. our heirs and successors give, grant, ratify and confirm unto the said William Bond, all that the said grant of land and premises above mentioned and de- scribed with the hereditaments and appurtenances thereunto belonging within the limits and bounds aforesaid, together with all and singular Woods, Underwoods, Trees, Timber, feeding Pastures, meadow marshes, swamps, Ponds, Pools, Water, Water courses, Rivers, Rivulets, inert or in action, Runs and streams of water, fishing, fowling, hawking, hunting, mines and mineralls, standing, growing, lying and being to be used had and Enjoyed within ye Limits and Bounds aforesaid, and all other profits, benefits, privileges, libertys and advantages, hereditaments and appurtenances whatsoever, unto the said tract of Land and Premises and any part and parcel thereof belonging
29
PATENTS AND LAND GRANTS.
or in any wise appertaining, and all our estate, right, title, inter- est, benefit and advantage, claim and demand whatsoever, of, in, or to the said tract of land and premises with the hereditaments and appurtenances aforesaid and every part and parcel thereof, and the reversion and reversions, remainder and remainders, together with the yearly and other rents and profits of the same tract of land and premises and of every part and parcel thereof except always and reserved out of this Our present grant and Our heirs and successors all such fir trees and pine trees of the diameter of twenty-four inches at twelve inches from the ground or root as now are or shall be fit to make masts for Our royall navy, and also all such other trees as are or shall be fitt to make masts, planks or knees for the use of our navy aforesaid only which are now standing, growing and lying, and which hereafter shall stand, grow and be on and upon the said tract of land and premises or any part and parcel thereof with free liberty and license for any person or persons whatsoever (by us Our heirs and successors thereunto, to be appointed under our sign mannal). with workmen, horses, wages, carts and carriages, or without to enter and come into and upon the same traet of land and premises or any part thereof, hereby granted them. to fell, ent down, root up, hew, saw, rue, have, take, cart and carry away the same for the use aforesaid (and also except all gold and silver mines), to hare and to hold all that, the said certain tract of land and premises with its hereditaments and appurtenances hereby granted as aforesaid (except as before excepted only) unto the said William Bond, his heirs and assigns forever to the sole and only proper use, benefit and behoof of the said William Bond, his heirs and assigns forever.
To be holden of us our heirs and subjects in fee and common soccage as of our manors of East Greenwich in the County of Kent, within our realm of Great Britain, Yielding, Rendering and Paying therefor yearly and every year unto our heirs and successors from henceforth forever at our custom house in New York to our, or their collector or receiver (stationed) there for the time being at, or upon the feast day of Saint Michael the Archangle (commonly called Michalmas day), the yearly rent and sum of two shillings and six pence current money of our province of New York for every one hundred acres of land of the before mentioned tract of land of six hundred acres here- inbefore granted and confirmed in lieu and stead of all other
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HISTORY OF MARLBOROUGH.
rents, dnes, duties, services and demands whatsoever. Provided always and these presents are upon this condition, that the said William Bond, his heirs and assigns, some or one of them shall and do within the space of three years now, next ensuing the date hereof settle there and make improvements of three acres of land at the least for every fifty acres of the said tract of land of six hundred acres hereinbefore granted, and in de- fault thereof the said Wan. Bond, his heirs or assigns, or any of them or any other person or persons, by his or their consent, order or procurement shall set on fire or cause to be set on fire and burn the woods on the said tract of land hereinbefore granted or on a. part or parcel thereof to sear the same, that then, and in either of these cases this our present grant and every clause and article herein contained shall cease, determine and utterly void anything herein contained to the contrary thereof in any wise notwithstanding. And we do and hereby will and grant that these our letters patent or the record therof in our Secretaries office of our said province, shall be good and effectival in the law to all intents and purposes notwithstanding the not true and will reciting and mentioning of the premises- or any part thereof, the limits and hounds thereof of any former or other Letters Patent or Grants whatsoever made or granted of the same six hundred acres of land and premises or of any part thereof being, or any of our progenitors unto any Person or Persons whatsoever, Body Politic or Corporate or any law or other restraint, uncertainty or imperfection whatsoever to the- contrary in any wise notwithstanding.
In Testimony whereof we have caused the great seal of our said Province to be hereunto affixed and these presents to be recorded in our said secretarie's office. Witness, our trusty and well beloved Robert Hunter, Esquire, Captain General and Governor-in-Chief of our said province of New York and prov- ince of New Jersey and the territories depending on them in America, and Vice Admiral of the same in council at our fort in New York this twelfth day of June, in the eleventh year of our reign. [L. s.]
To this interesting old document is appended Queen Anne's seal, a tremendous affair of wax, three and one-half inches in diameter. A similar seal is attached to all these patents.
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PATENTS AND LAND GRANTS.
The deed of the Bond Patent is in the hands of the Hallock family at Milton, and they still own some of the land.
The next is the Griggs & Graham Patent granted in 1712:
Beginning at the North side of the South branch of the Old Man's Kill at a certain point of land between the said branches, and runs along Hudson's River in a direct line 102 chains, thence into the woods West 115 Chains to the German's land laid out there, thence South 34 degrees West 120 chains and thence East 148 chains, bounded North and South by land not laid out, East by Hudson's River and West by the German's and land not laid out ; containing 1200 acres.
The next patent was to Lewis Morris and others in 1714:
Beginning at the north-west corner of the land of Alexander Griggs & Co. and then running as the river line of the said land of said Alexander Griggs d' Co. runs, South 54 degrees, West 120 chains to the southermost corner of the said land of said Griggs & Co., thence South 75 chains to the north bounds of the land of Francis Harrison, Esq. & Co. runs west into the woods 160 chains to the foot of the Blew Mountains, then as the said mountain runs travers protracted north northeast 450 chains to a black oak marked with three notches and a cross in all four sides, thence south 61 degrees, east 55 chains to the northwest corner of the land of William Bond, thence as the river line of said land of William Bond runs south 3 degrees, east 51 chains to the southwest corner of the said land of William Bond and thence south 156 chains to the place were it first began, containing 3600 acres with allowances for broken barren land and highways.
It will be seen that the western line of the patent is so uncertain that I cannot tell where it is but it does not include the western part of the town as far north as it goes. This patent was known and always went by the name of the seven patentees, as the patent was granted to seven persons: Lewis Morris, Augustin
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HISTORY OF MARLBOROUGH.
Graham, Lymon Clarke, Henry Wileman, William Bond, Henry Rainer and Alexander Griggs.
The next is the Archibald Kennedy Patent for two tracts of land lying on the river, granted in 1715:
1st, Beginning at the southeast. corner of the land of Alex- ander Griggs & Co. and runs west 150 chains, thence south 110 chains to the land of Francis Harrison, Esq., and Co., then east 170 chains to Hudson's river, thence as the river runs to the place where it first began ; containing 1200 aeres.
2nd, The other certain parcel beginning at the northeast corner of the land of said Alexander Griggs & Co. and run- ning west 22 chains, thence north 135 chains to the line of William Bond's land, thence south 61 degrees, easterly 102 chains to the river and thence as the river runs to the place where it began; containing 800 acres, which with the other parcel aforesaid completes 2000 acres.
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