Origin and History of Manors in the Province of New York and in the County., Part 23

Author: Edward Floyd De Lancey
Publication date: 1886
Publisher:
Number of Pages: 171


USA > New York > Westchester County > Origin and History of Manors in the Province of New York and in the County. > Part 23


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Indenture of Election.


"This Indenture made and concluded this first day of February in the Ninth year of the Reign of Our Sovereign Lord George the Third by the Grace of God of Great Brittain France and Ireland King, De" fender of ye Faith, etc., and In the year of Our Lord One Thousand Seven Hundred and Sixty-Nine- With and Between Joshuah Traviss Constable of the one Part and Jeremiah Traviss, Charles. Moore, Joseph Traviss, Abraham Purdy and John Stevens Principal Freeholders of the Manor of Cortland of the Other Part, Witnesseth that the said Constable in obedience to His Majesties Writ to him directed bearing Date the Fourth day of Jannary did give Public Notice to the Freeholders of the said Manor of Cortland who assembled and met Together on the First Day of February and by Plurality of Voices made Choice of Pierre Van Cortlandt, Esq., one of the Principal Freeholders of the Said Manor to be the Representative to Assist the Captain General or


Commander-in-Chief of the Province of New-York In General Assembly for Said Province, on the Four- teenth day of February. In Testimony Whereof we have hereinto set our Hands and Seals this day and year First Above Written.


Joseph Traviss, [L. 8.] Joshuah Traviss, Constable [L. s.] Abram Purdy, [L. s.] Jeremiah Traviss, [L. s.] John Stevens, [L. s.] Charles Moore, [L. s.] '


This Assembly was the last elected in the Province of New York, and sat till 1775. Pierre Van Cort- landt sat for the Manor during its whole existence.


In 1756 the population had so increased that an act was passed reciting the fact and authorizing the elec- tion of two Constables, one from those "having Habitations near Hudson's River," and the other from those whose " Habitations " were "on the East- ern parts of said Manor." 5


By 1768 the numbers of the people had so much more increased that, the last mentioned act was amended by authorizing the election of three Con- stables, and dividing the Manor into three "Divi- sions " or Wards, each of which was to elect one of the three constables. The first of these "division " contained all the Manor West of the east bonds of North lot No. I. and South lot No. I., North of the Croton River, and West of the West bounds of lot No. 8 on the South of the Croton. The second division, lay east of the first, and West of the West bounds of North lot No. 8 and South lot No. 8, and West of the East bounds of lot No. 10 South of the Croton. The third was all the rest of the Manor East of the East bounds of the second division." This act also provid- ed for the annual election of "Overseers of Roads" in each of the above divisions and specified their powers and duties.'


In all these elections, and public actions under the foregoing laws, the inhabitants of the Krankhyte 300 acre tract, and of Ryke's Patent were included, be- ing political portions of the Manor of Cortlandt, al- though the fee of the soil was in the owners of the patents solely. Several of the Manors in New York likewise embraced within their limits in the political sense, small parcels of land not owned in fee by their proprietors, in the same way. By 1770 the people in Ryke's Patent had so increased in number, that an act was passed on the 27th of January in that year, for their special benefit which provided "that for the better defraying the common and necessary charges of Ryke's Patent in the Manor of Cortlandt in West- chester County," the Freeholders thereof should elect on the first Tuesday in every April, one Supervisor, one Constable, one Assessor, one Poor-Master, two Fence-Viewers, one Pound-Master, and one or more Surveyors of Highways, with all the powers and


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1


1 For one year of Mr. Husted's service in the Assembly, he sat for Rockland County directly across the Hudson.


" Assembly Journals of 1768, 3.


3 Assembly Journals of 1769, p. 3, By a printer's error the Journals make the issue of the new Writs the "14th," instead of the "4th " of January, 1769.


"The original is among the Van Cortlandt papers.


" I. V. S. Lawa, Ch. 1015, p. 350.


These divisions are often spoken of in the documents of that day, as the three wards of the Manors.


TII. V. 8. Lawa, Ch. 1378, p. 529.


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THE ORIGIN AND HISTORY OF THE MANORS.


duties and subject to the same pains and penalties of the like officers under the Laws of the Colony.'


A singular law in regard to the Manor, as it appears to us now, was one passed the 13th of December, 1763, which enacted that in case any person whatso- ever "shall carry on the Practice of Inoculation for the Small-Pox in the Manor of Cortlandt within the Distance of Half a Mile of any Dwelling House he shall forfeit the sum of Twenty Pounds ($50.) for every such offence, upon proof before a Justice of the Peace, one-third to go to the prosecutor, and the other two thirds " for the use of the Poor in the Said Manor." The patient had consequently to go through the oper- ation and subsequent treatment, either in a barn or a shanty in the woods.


The Manor of Cortlandt was erected on the 17th of June, 1697. Stephanus van Cortlandt its first and only Lord died on the 25th of November 1700. Three years and about five months.only did he possess it. This time was too short for any practical development of its Manor privileges, all that he seems to have done, was to make the stone trading house situated at or rather near, the northern terminus of the ferry across the mouth of the Croton River, better adapted to its purposes, to bring in some farmers and mechanics, and build mills. Precisely when this house was built is uncertain, but probably about 1683. Van Cortlandt's home was in New York, and this first building was intended as a station for Indian traffic. Naturally it became his place of temporary residence when visit- ing his lands after his first purchase, either for busi- ness, pleasure, or the enjoyment of hunting and fishing. It is a tradition that Governor Dongan often visited this region for the latter purposes, as he was a sportsman in his tastes, a thorough gentleman and a great personal friend of van Cortlandt. Dongan was fond of flowers and fruit culture, and he introduced a kind of apple into this region still known in the Manor District as the "Dongan Apple." Subsequently the House was enlarged and became the still existing well known "Manor House of Cortlandt's Manor." From the days of Stephanus to the present hour it has ever continued to be the property and the residence of one of his family and his name, and ever the scene of a continued, and generous hospitality. The main part of the structure is built of reddish free-stone, with a high basement and walls nearly three feet thick. The roof is a rather low pitched one, in the Dutch style with dormer windows. A piazza of modern construction, extends along the entire front above the high base- ment. It stands on the brow of a declivity sloping to, and overlooking, the wide estuary of the Croton River, and commands a magnificent view, to the southwest of the wide Tappan Sea of the Hudson, and its striking, beautiful, bold, and almost mountain- ous scenery. It was originally pierced with T shaped openings for defence, in case of hostile attacks, and


one or two of them have been kept unwalled up, 88 & matter of interest, to this day. The ancient ferry near which it was built was then and long after the only method of crossing the Croton River from the south to the north, west of Pine's Bridge near the centre of the present Artificial Croton Lake, a dis- tance of several miles. That bridge was not built till late in the 18th century. To the death of Steph- anus van Cortlandt so shortly after the erection of his lands into a Manor, is probably to be ascribed the fact, that there are no records to show whether he ever organized his Manorial Courts. The probability is, from the then sparseness of the inhabitants, that he did not. Nor before his death, was there sufficient time to have introduced very many new settlers. We know however that all the privileges and franchises of the Manor, general and political, were enjoyed by his heirs, or their assigns during the whole Colonial era.


It will be remembered, that, by the terms of the surrender of New Netherland to the English under Nicolls in 1664, and afterwards under the provisions of the treaty of Breda in 1667, the Roman-Dutch law of inheritance was guaranteed to the new Netherland colonists. Hence it was, that when Stephanus Van Cortlandt died on the 25th of November, 1700, his will made on the 14th of the preceding April, was found to be in accordance with that law, and not with the law of England. Very ample and honorable pro- visions was made for his wife, both, in case she wished to marry again, or in case she did not, the latter of which proved to be the case, although she outlived her husband nearly four and twenty years. The peninsula of Verplanck's Point was devised to his eldest son Jo- hannes, and all the rest of his property of all kinds was divided equally among all his surviving children, eleven in number, including Johannes. The devise of Verplanck's Point was all that Johannes received in addition to the others in virtue of his being the eldest son.' Had it not been for the terms of surren- der and the treaty this eminently just will could not have been made, nor could the action under it which the widow and children adopted, have been taken.


Before describing that action and its results, it is necessary to state who Stephanus Van Cortlandt was, who was his father, what his family, and who were his children.


Stephanus Van Cortlandt was the eldest of the two sons, Stephanus and Jacobus (Stephen and James), of Oloff, (or Oliver), Stevens Van Cortlandt, the first of that name in America, by his wife Annetje (Ann) Lockermans. He was born at his father's house in "Brouwer," now Stone, street, in New Amsterdam on the seventh of May, 1643, and was baptized three days later, or the eleventh, in the Dutch church in the Fort. He married on the tenth of September, 1671, in his 28th year, Gertrude, daughter of Philip Pie-


"The will is recorded in the N. Y. Surr. Off., Lib. 2 of Wille, p. 78.


1 II. V. S. Laws, Ch. 1459, p. 576.


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HISTORY OF WESTCHESTER COUNTY.


terse Schuyler, of Albany; and died, as has been stated on the twenty-fifth day of November, 1700, at the comparatively early age of fifty-seven years, leav- ing him surviving his wife and eleven children.


His father, Oloff Stevens, or Stevense, van Cort- landt, came to New Netherland, a soldier in the ser- vice of the West India Company, arriving there in the Ship Haring (The Herring) with Director Kieft on the 28th of March, 1638.1


He was a native ot Wijk, a small town in the prov- ince of Utrecht, in Holland. But of the origin of his family nothing is definitely known. He had a good education and the positions he subsequently held, his seal with the van Cortlandt arms, still in the posses- session of his descendants, as well as articles of Dutch plate bearing the same arms, show that his position was good, and that of a gentleman. He remained only a short time in the military service, having been appointed by Kieft in 1639 "Commissary of Cargoes," or customs officer, and in 1643, Keeper of the Public Stores of the West India Company, a responsible po- sition under the provisions of the Charters of Free- doms and Exemptions, being the Superintendent of the collection of the Company's Revenue in New Amsterdam, most of which was paid in furs. In 1648 he resigned from this official position, was made a freeman of the City, and entered upon the business of a merchant and brewer, in which he was eminent- ly successful, becoming one of the richest men in New Amsterdam. In 1649 he was chosen Colonel of the Burgher Guard, or City train Bands, and also appointed one of the "Nine Men " a temporary rep- resentative board elected by the citizens.' In 1654 he was elected Schepen, or a Alderman, and the next year, 1655, appointed Burgomaster, or Mayor, of New Amsterdam. This office he filled nearly uninterrupt- edly till the capture by the English in 1664, at which he was one of the Commissioners appointed by Di- rector Stuyvesant to negotiate the terms of Surren- der, was prominent in their settlement, and the docu- ment bears his signature with those of the other Com- missioners. He was also engaged in several tempo- rary public matters as a Councillor and Commissioner during the administration of Director Stuyvesant, notably in the Connecticut boundary matter in 1663, and the settlement of Capt, John Scott's claim to Long Island in 1664. He acted in similar capacities under the first English Governors, Nicolls, Lovelace, and Dongan, and was chosen the Trustee of Lovelace's estate to settle it up in 1673. He married on the 26th of February, 1642, Annetje Lockermans of Turn- hout, near Antwerp, a sister of Govert Lockermans, who came out with Director von Twiller, in 1633, and was so prominent afterward in New Netherland af- fairs. "Govert Loockermans after filling some of the


1 I. O'Coll. 180. Alk. Rec. 1., 89. The Dutch troops in New Amster- dam were detachments from the reguiar army raised in Holland by the West India Company, and were changed from time to time.


? He was also one of the " Eight Men " a similar body, in 1646.


highest offices in the Colony," says O'Collughan, (vol. 2, p. 38, n.) died, worth 520,000 guilders, or $208,- 000; an immense sum when the period in which he lived is considered." Oloff Stevense van Cortlandt died on the 4th of April, 1684, and his wife followed him about a month afterwards.' They had seven children, the oldest of whom was Stephanus, and the youngest Jacobus, who respectively, were the progen- itors of all of the name now living. The former found- ed the oldest branch, the van Cortlandts of the Man- or, the latter the younger branch, the van Cortlandts of Cortlandt House, Yonkers. The names of Oloff Stevense and Annetje van Cortlandt's seven children were:


1. Stephanus, born 7 May 1643, married Gertrude Schuyler.


2. Maria (Mary), born 80 July 1645, married Jere- mias Van Rensselaer.


3. Johannes (John), born 11 Oct. 1648, died a bachelor.


4. Sophia, born 31 May 1651 married Andries Teller.


5. Catharine, born 25 Oct. 1652, married 1. John Dervall,


2. Frederick Philipse.


6. Cornelia, born 21 Nov. 1655, married Brandt Schuyler.


7. Jacobus, born 7 July 1658, married Eve Philipse. "


After the death of the oldest of these children, Stephanus, his Manor vested in his own surviving chil- dren as joint tenants under his will. Their Father, Stephanus van Cortlandt, the first and only Lord of the Manor, was one of the most eminent men of the Province of New York after it become an English Colony. Except the Governorship itself, he filled at one time or another every prominent office in that Province. And when Lt. Gov. Nicholson went to England at the outbreak of Leisler's insurrection and actual usurpation, to report in person to King Wil- liam, he committed the Government itself in his absence, to Stephanus van Cortlandt and Frederick Philipse. " A fact that caused Leisler, to seek their lives and forced them to escape from the City of New York to save themselves. Space will not permit more than the briefest mention of the events of his career, perhaps the most brilliant and varied in the fifty- seven years it occupied, of any inhabitant of New York in the seventeenth century ; and undoubtedly the first brilliant career that any native of New York ever ran. Born in New Amsterdam in 1643, he was a youth of twenty-one, when in 1664 the English capture took place and New Amsterdam became New


" The facts stated in this sketch are found in I. O'Call. 180 and 212. New Netherland Register under its several headings, and the II. vol. of the Colonial History. Also in Brodhead's History, both volumes. And the Lookerman's Family Bible in the library of the Bible Society of New York.


" Daughter of the first Frederick Philipse.


6 III. Col. Hist. 675.


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129


THE ORIGIN AND HISTORY OF THE MANORS.


York. Brought up under the eye of his father, and educated by the Dutch clergymen of New Amster- dam, 1 whose scholarship was vastly higher than it has pleased modern writers to state, and which would compare favorably with that of the clergy of the nineteenth century, young van Cortlandt long before the death of his father in 1684, showed how well he had profited by the example of the one, and the learning of the others. He was a merchant by occu- pation. His first appointment was as a member of the Court of Assizes, the body instituted under " the Duke's Laws " over which Sir Richard Nicolls pre- sided, and which, as we have seen, exercised both judicial and legislative powers. In 1668 he was ap- pointed an Ensign in the Kings County Regiment, subsequently a Captain, and later its Colonel. From 1677 when at the age of 34 he was appointed the first Native American Mayor of the City of New York, he held that office almost consecutively till his death in 1700. When by the Duke of York's Commission and Instructions to Governor Dongan, & Gov- ernor's Council was established in New York, Stephanus van Cortlandt and Frederick Philipse were named by the Duke therein as Councillors, and with them Dongan was to appoint such others as he deemed fit for the office. His name was continued in each ofthe Commissions of all the succeeding Governors down to and including Bellomont's in 1697, and he continued in the office till his death in 1700. Early in this latter year he was appointed Chief Justice, but he only filled the office till his death in November of the same year. He had many years before been appointed Judge of the Common Pleas in Kings County, and later in 1693 a Justice of the Supreme Court. In 1686 Dongan made him Commissioner of the Revenue-and on the 10th of November, 1687, he was appointed by the King's, Auditor-General in England, William Blathwayt, Deputy Auditor in New York, his accounts being reg- ularly transmitted to England and approved.


He was appointed also Deputy Secretary of New York and personally administered the office, the Sec- retary always residing in England, after the British custom. He was prominent in all the treaties and conferences with the Indians as a member of the Council, and was noted for his influence with them. His letters and despatches to Governor Andros, and to the different Boards and officers in England charged with the care of the Colonies and the man- agement of their affairs, remain to show his capacity, clear headedness and courage.' Equally esteemed and confided in by the governments of James as Duke and King, and by William and Mary in the troublous times in which he lived, and sustained by all the Governors, even though, as in Bellomont's case, they did not like him personally, no greater proof could be adduced of his ability, skill, and integrity.


With this sketch of their Father we pass to the disposition he made of his Great Manor among his children, and their management and final division of it among themselves :


The whole number of the children of Stephanus van Cortlandt and Gertrude Schuyler, his wife, who were married on the 10th of September 1671, were fourteen ;


1. Johannes (John), born 24 Oct. 1672, married in 1695 Anne Sophia van Schaack and left one child Gertrude, who married Philip Verplanck grandson of Abraham Isaacsen Verplanck the first of that family in America.


2. Margaret, born 12 Aug. 1674, married to Col. Sam- uel Bayard only son of Nicholas Bayard the youngest of the three nephews of Gov. Stuyvesant.


3. Ann, born 13 Feb. 1676, married Etienne (in Eng- lish Stephen ) de Lancey, the first of that family in New York, where he arrived, a fugitive Hu- guenot, on the 7th of June, 1686.


4. Oliver, born 26 Oct. 1678, died a bachelor in 1708. 5. Maria (Mary), born 4 Apl. 1680, married 1st, Kilian van Rensselaer fourth Patroon, and first . Lord of the Manor,' of Rensselaerswyck, and 2nd John Miln, M.D., of Albany.


6. Gertrude, born 10 Jan. 1681, died unmarried.


7. Philip, born 9 Aug. 1683, married Catherine de Peyster, daughter of the first Abraham. From this couple spring the eldest line of the van Cortlandts, now British subjects. 8. Stephen, born 11 . Aug. 1685, married Catalina Staats. These were ancestors of the 'van Cortlandt of Second River' (the Passaic) New Jer- sey, now extinct in the males.


9. Gertrude, born 10 Oct. 1688, married Col. Henry Beekman. No issue.


10. Gysbert, born 1689, died young.


11. Elizabeth, born 1691, died young.


12. Elizabeth, 2d, born 24 May 1694, married Rev. Wmn. Skinner of Perth Amboy.


13. Catharine, born 24 June 1696, married Andrew Johnston of New Jersey.


14. Cornelia, born 30 July 1698, married Col. John Schuyler of Albany. These were the progenitors of the Schuylers descended from Gen. Philip, who was their son, and from his brothers and sisters. 3


" The genealogy above given is taken from a transcript of the entries in the van Cortlandt family bible, obtained from one of the eldest branch, the English one, by the late Gon. Pierre van C. of Croton in 1826 and


1 III. Col. Hist. 688.


2 In vols. III. and IV. of the Col. Hist, of N. Y.


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130


HISTORY OF WESTCHESTER COUNTY.


This large family, of which four sons and seven daughters lived to maturity, the latter of whom mar- ried into the first families of the Province, and three of the sons, (one having died a young bachelor) mar- rying into the same or allied families, formed a fami- ly connexion, of great extent and influence. It wield- ed a power, social and political, during the Colonial era which largely controlled the society and the poli- tics of the Province, and in social matters its influ- ence has continued to be felt to this day. All the married daughters, except Mrs. Beekman who had no issue, had large families, and those of the sons were also numerous. And when to these were added the children of Stephanus's younger brother Jacobus van Cortlandt of Yonkers, and their wives and hus- bands, it will be seen what an enormous family circle it was, and will explain why at this day all these families now so widely extended, are by the mar- riages and inter-marriages, among their descendants, so connected together as to form an almost inexplica- ble genealogical puzzle. In no other American colo- ny did there exist any such great kinship. It also explains why nobody can write correctly the history of New York under the English, without first mak- ing himself, or herself, the master, or the mistress, of at least the leading facts of this kinship of the differ- ent governing families of that Province.


The political influence of these New York families is best shown by the following extract from William Smith's History of New York, a most partizan and prejudiced work, but which in this instance can be relied on, as the language is that of a political enemy, and was written to explain the worsting of his own side in the party contest of the day to which it refers. Speak- ing of the New York Assembly of 1752, and the influ- ence of Chief Justice James de Lancey, Smith says, " It may gratify the curiosity of the reader to know, that of the Members of this Assembly Mr. Chief Justice De Lancey was nephew to Col. Beekman, brother to Peter De Lancey, brother-in-law of John Watts, cousin to Philip Verplanck and John Baptist Van Rensselaer ; that Mr. Jones the Speaker, Mr. Richard, Mr. Wal- ton, Mr. Cruger, Mr. Philipse, Mr. Winne, and Mr. Le Count, were of his most intimate acquaintances ; and that these twelve, of the twenty-seven, which composed the whole house, held his character in the highest esteem. Of the remaining fifteen he only wanted one to gain a majority under his influence, than which nothing was more certain ; for except Mr. Livingston who represented his own Manor, there was not among the rest a man of education or abilities qualified for the station they were in." 1


"The Seven Miss van Cortlandts," as they were long collectively spoken of, were noted for their char-


acteristic decision of character, good sense, personal beauty, and warm affection for each other. When their mother died in 1723, the list of her descendants and family relatives present, which is still preserved, is most surprising for its numbers, length and promi- nent names. The funeral took place in New York and was one of the largest ever seen in that city up to that day. Space will not permit any mention of its details here, interesting as they are.


Of these children of Stephanus van Cortlandt, the eleven who survived their Father, are thus named in his will in the order of their births, Johannes, Marga- ret, Ann, Oliver, Mary, Philip, Stephanus, Gertrude, Elizabeth, Katharine, and Cornelia. With the ex- ception of the devise of Verplanck's Point to Jo- hannes as being the eldest son, the whole real estate after the decease of his wife, he divided among his children equally. It was very large, for besides the Manor of Cortlandt, it included, lots and houses in New York, his share of the great Patent above the Highlands, a tract in Pennsylvania, and other lands owned in connexion with Gulian Verplanck, in Dutchess county, and some small pieces in other counties. It is only the Manor of Cortlandt that can here be treated of. His wife Gertrude was made " sole Executrix," and with her as guardian of the minor children, of whom there were several, as well as of the others, he appointed "my Brother Jacobus Van Cortlandt, my Brother [in law] Brant Schuyler, and my cousin William Nicolls,2 to be Guardians, Tutors, and Overseers over my said children." The personal and mixed estate including "plate and jewels " was bequeathed "to my well beloved wife Gertrude," whom he charged with the payment of all debts and funeral charges. And to her were also given " the full and whole rents, issues, and profits of all and every part of my said houses, lands, mills, and other such Estate whatsoever, without giving or rendering any inventory or account thereof to any person whatsoever." The will was dated the 14th of April 1700, and was proved the 7th of January 1701. There was a custom among the Dutch people of New York, not to have the will of a deceased parent opened till after the expiration of a month from the day of the death, as a token of respect.3 Then it was read in a family council, and immediately offered for probate. This custom was probably followed in this case. The Witnesses who proved the will were, Thomas Wenham, Rip Van Dam, John Abeel, Rich- ard Stokes, and Andrew Teller jr., names familiar in New York to-day .*




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