USA > New York > Westchester County > Origin and History of Manors in the Province of New York and in the County. > Part 27
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Wampaquewam.
" This deed is recorded in the Secretary of State's office at Albany, Book of Entries No. 4, p. 125 ; and is here printed from a copy certified by W. Bobin Depy Secy of the Province on 12th March, 1722, in the writer's possession. In the Books as now numbered at Albany, it is in Liber 2 of Deeda, p. 192. The mark of Wappaquewam is omitted in the record.
" As explained above in this emmay.
" Liber 2 of Deeda, 192-199, Sec. of state's off. Albany.
" Liber Two of Deeds p. 128.
11a
In December, 1661, John Richbell made his appli- cation to the Dutch Governor and Council for the grond-bref above alluded to. His memorial, dated the day before Christmas, 1661, is in these words :
JOHN RICHBELLS PETITION TO THE
DUTCH GOVERNMENT FOR A PATENT. Amsterdam in New Netherland, 24 Dec., 1661. To the Most Noble, Great, and Respectful Lords, the Directors-General and Council, in New Nether- land, solicits most reverently John Richbell, that it may please your Honours to grant him letters patent for three Necks of Lands, the east Neck being named Mammoranock Neck, the western with the adjacent Land by some named Mr. Pells Land, promising that all persons who with the supplicants permission or order would settle there with him, shall be willing to solicit letters patent for such a parcel of land as they may intend to settle. In the meantime he suppli- cates that your Honours may be pleased to grant him letters patent for the whole tract, which he is willing to enforce and instruct them of your Honours Government and will, in similar manner, on terms and conditions as are allowed to other villages. Hop- ing for your assent he remains, respectfully,
John Richbell.5
This memorial was read and considered by director Stuyvesant and his Council on the 19th of January, 1662, and the applicant was requested to explain more fully the extent and meaning of his proposal. Richbell subsequently did so, and on the 6th of the succeeding May (1662) there was granted him the annexed "grond-bref " or ground-brief signed by Stuyvesant himself.
Dutch Ground-Brief for Mamaroneck.
We, the Director-General and Council of State of New Netherland, doe declare by these presents, that we, upon the memorial or petition of Mr: John Risse- bel and his friends, that he be under the protection of the high and subordinate Authority of this Prov- ince, upon terms and conditions that other inhabi- tants doe enjoy, may take up and posssess a certain Neck and parcel of Land called Mammarinikes, pro- vided that the aforesaid Mr. John Rissebel, his asso- ciates, and every one that are now hereafter to come, in due and convenient time, shall present themselves before us to take the oath of fidelity and obedience," and also as other inhabitants are used, to procure a transport of what they possess.
Given under our hand and seal the 6th day of May, 1662, in Fort Amsterdam in New Netherland. P. Stuyvesant."
5 Deed Book fil. 37, Sec.State's Office. See ante pp. 54-57 for the "terms and conditions" referred to in this document.
" As required by the charter of " Freedoms and Exemptions" mentioned above in part "4" of this chapter."
7 The original in Dutch of this paper in the writer's possession, was s few years ago accidentally destroyed. It is recorded in vol. xx. of the State Records at Albany, 127.
146
HISTORY OF WESTCHESTER COUNTY.
The Dutch "Transport " which was formerly in the writer's possession was unfortunately destroyed by accident at the same time with the original Ground- brief as stated above. It vested the lands in Rich- bell absolutely.
The English Patent of Confirmation of the Trans- port to John Richbell was granted by Governor Fran- cis Lovelace on March 16, 1668, and is as follows :- The English Patent of Confirmation to John Richbell
Francis Lovelace, Esq., Governor General, under his Royal Highness, James, Duke of York and Al- bany, &c. &c., of all his territories in America, to all to whom these presents shall come, sendeth greeting. Whereas, there is a certain parcel or tract of land within this government, upon the main, contained in three necks, of which the eastermost is bounded with a small river, called Mamaronock river, being almost the east bounds or limits of this government upon the main, and the westermost with the gravelly or stony brook or river, which makes the east limits of the land known by the name of Mr. Pell's purchase. Hav- ing to the south, the sound, and running northward from the marked trees upon the said neck, twenty miles into the woods, which said parcel or tract of land hath been lawfully purchased of the Indian proprietors, by John Richbell of Mamaronock, gentle- .man, in whose possession now it is, and his title thereunto sufficiently proved, both at several courts of sessions, as also at the general courts of assizes, now for a confirmation unto him the said John Rich- bell, in his possession and enjoyment of the premises : Know ye, that by virtue of the commission and author- ity unto me given by his Royal Highness, I have given, ratified, and confirmed and granted, and by these presents do give and ratify, confirm and grant, unto the said John Richbell, his heirs and assigns, all the aforecited parcel or tract of land as aforesaid, together with all woods, beaches, marches, pastures, creeks, waters, lakes, fishing, hawking, hunting and fowling, and all other profits, immunities and emolu- ments to the said parcel or tract of land belonging, annexed, or appertaining with their and every of their appurtenances, and every part and parcel there- of, and in regard to the distance of the plantations already settled, or to be settled upon the said necks of land, from any town, the persons in habiting, or that shall inhabit thereupon, shall have a petty constable chosen amongst themselves yearly, for preserving of the peace, and decision of small differences under the value of forty shillings, and they shall be excused from all common attendance at training or other ordi- nary duties at Westchester. But in matters of assess- ment and public rates, they are to be assessed by the officers of that town to which they do properly be- long, being the nearest unto them, to have and to hold the said parcel and tract of land in the said three necks contained, and premises with all and singular the privileges and appurtenances to the said John
Richbell, his heirs and assigns, to the proper use and behoof of the said John Richbell, his heirs and as- signees forever, as free land of inheritance, rendering and paying as a quit rent for the same yearly, and every year, the value of eight bushels of winter wheat, upon the five and twentieth day of March, if demanded, unto his Royal Highness and his heirs, or to such governor or governors as shall from time to time be appointed and set over them. Given under my hand and seal, at Fort James, in New York, on Manhattans Island, the 16th day of October, in the twentieth year of the reign of our sovereign, Lord Charles the second, by the grace of God, of England, Scotland, France and Ireland, king, defender of the faith, &c. &c., Anno Domini, 1668.
FRANCIS LOVELACE.1
The three Necks described in this patent, were called the " East " the "Middle," and the " West" Necks. The Middle Neck was sometimes styled the "Great Neck," from its longer extent of water front, which led to the supposition that its area below West- chester Path was greater than that of the East Neck. The "East Neck" extended from Mamaroneck River to a small stream called "Pipins Brook" which divided it from the Great Neck and is the same which now crosses the Boston Road just east of the house of the late Mr. George Vanderburgh ; the " Middle Neck " extended from the latter stream westward to a much larger brook called " Cedar or Gravelly Brook," which is the one that bounds the land now belonging to Mr. Meyer on the west; and the "West Neck " extended from the latter to another smaller brook still further to the westward, also termed "Stoney or Gravelly Brook," which was the East line of the Manor of Pelham. A heated controversy arose between John Richbell and John Pell, as to which of the two brooks last named was the true boundary between them, Pell claiming that it was the former and that the " West Neck " was his land. After proceedings be- fore Governor Lovelace and in the court of assizes the matter was finally settled on the 22d of January 1671 by an agreement practically dividing the dis- puted territory between them. This was approved by Governor Andros and permission given for a sur- vey.1
For some reason not now known, the survey and division was not actually effected till 1677, when it was made by Robert Ryder the Surveyor-General as follows ;-
" Whereas there hath been a difference between John Richbell and Mr. John Pell which by virtue of an order from the Right Honourable Major Edmund Andros Esqr. Governor Generall of New York, I have made a division of the within mentioned Neck of Land by and with the mutual consent of both parties,
1 This patent is recorded in Book of Patents II. p. 75, at Albany.
" A cotemporary copy of this agreement signed by Poll, with Andros' permit annexed is in the writer's possession.
147
THE ORIGIN AND HISTORY OF THE MANORS.
which is in manner and form as is hereafter expressed viz.' That the said Richbell shall extend from Cedar Tree Brook or Gravelly Brook, south westerly fifty degrees to a certain mark'd Tree, lying above the now comon Road thirty and four chains in length, marked on the east with R and on the west with P, thence ex- tending south sixty three degrees East by certain marked Trees pfixed1 ending by a certain piece of Meadow at the Salt creek which runs up to Cedar Tree Brook or Gravelly Brook, extending from the first marked Trees Nor Nor West to Brunkes's River by certain Trees in the said Line marked upon the west with P. and upon the east with R. performed the twenty second day of May 1677.
p' me Robert Ryder Surv."
The preceeding Surveyor above mentioned is mu- tually consented unto by the above mentioned Mr. John Richbell and Mr. John Pell in presence of us.
Thomas Gibbs Walter Webbs John Sharp Joseph Carpenter.'
Thus was permanently settled the controversy re- garding the West Neck, a settlement which finally determined the eastern boundary of the Manor of Pelham. As neither the Middle or Great Neck, nor the West Neck, formed any part of the Manor of Scarsdale, an account of them will not be given here, but will be found in the chapter on the Town of Mamaroneck as now erected.
In Richbell's Petition of the 24th of December 1661 to the Dutch Government for a ground-brief above given, he says the name of the " East Neck " is "Mamaranock Neck." A misreading by Mr. Bolton of the first of these two words in this docu- ment as recorded led to his stating in the first edition of his History of Westchester County issued in 1848, (vol. i. 282) that the " aboriginal name" of the East Neck was "Wanmainuck," and the error has con- tinued in the second edition, (vol. i. 463). This has led subsequent writers to repeat the statement. It was however purely a mistake of Mr. Bolton. The true "aboriginal name" of the East Neck was " Mamaranock," the same as the river which formed its eastern boundary. This word was spelled in very many ways, in early days, by the Dutch and English in public and private letters, documents, and instru- ments, but all aiming at giving the original Indian sound. In the early part of the eighteenth century the present spelling "Mamaroneck" obtained and has ever since been used. It is the Indian name of the River flowing into the head of the Harbour.
Like most Indian names it is descriptive of a strik- ing natural object and effect, and signifies "The Place where the Fresh water falls into the Salt." A short
distance above the present bridge between the towns of Mamaroneck and Rye where the river bends sud- denly to the east and then takes a northerly course, a rocky reef originally crossed it nearly at right angles, causing the formation of "rapids." It was high enough to prevent the tide rising over it at high- water, so that the fresh water of the river always fell directly into the salt water of the harbour, and at low water with a strong rush and sound. It was thus a striking and unusual occurrence in nature, and is the source of the Indian name of the River itself and of the East Neck of which it was the eastern boundary. No authority has been found for another significa- tion " the place of the rolling stones " that has been ascribed to the word " Mamaroneck " by Mr. Bolton. Rolling stones are not found anywhere in the neigh- borhood, the rocks being what the geologists call in situ, and the boulders of huge size and weight.
Richbell's Patent of confirmation from Governor Lovelace is dated October 16th, 1668. On the 14th of the ensuing November, twenty-eight days later, he conveyed the East Neck to Margery Parsons, his wife's mother, " for valuable consideration of certaine goods formerly delivered and paid unto me by Mrs." Margery Parsons upon the Island of St. Christopher's in America.' Two days afterward, on the 16th of No- vember 1668 Margery Parsons conveyed to her daugh- ter Mrs. Richbell the East Neck "for that singular and dear affection I have and bare to my most dear daughter Mrs. Ann Richbell wife of the said Mr. John Richbell for her dutiful observance towards me."" By way of making this provision for his wife more secure, John Richbell settled the same East Neck upon her as a jointure, by a deed in trust to John Ryder dated 23d of April, 1669, "in considera- tion of a marriage long since had and solemnized between the said John Richbell and Ann his present wife," and therein describes the Neck as follows, "All that parcell or neck of Land where he now Lives called the East Neck, and to begin at the Westward part thereof at a certaine creeke lying, being, and ad- jacent by and betwixt ye Necks of Land commonly called y* Great Neck, and the East Neck, and so to run eastward as farr as Momorononeck River, includ- ing therein betwixt the said two lines, all the land as well North into y' woods above Westchester Path twenty miles, as the lands belowe the Path south ward towards the Sound." 5
John Richbell died the 26th day of July 1684," leaving his widow him surviving, in whom his entire real estate vested in fee absolutely under the above deeds and jointure, except what little he and his wife had together conveyed in his lifetime.
1 So in the original.
" From a cotemporary copy of the original in the writer's possession.
8 Ancient copy of the deed In writer's possession. It is also Recorded in SecJ' office and in West. Co.
+ Ancient copy of this original in the writer's possession, original not recorded.
6 Ancient copy in writers possession. Also recorded in book A, 238 &c West. Co.
6 West. Co. Records Lib. A. p 34.
.
148
HISTORY OF WESTCHESTER COUNTY.
On the 23d of December 1697 Mrs. Ann Richbell conveyed the entire East Neck and all her right, title and interest therein and thereto, by a full covenant warranty deed, in consideration of £600 New York currency, to "Coll. Caleb Heathcote, Mayor of the Borough of Westchester," his heirs and assigns forever in fee simple absolute, excepting only a small tract previously deeded as a gift to James Mott and his wife in 1684, and another small piece deeded as a gift to John Emerson on the 80th of Sept 1686, which latter was subsequently conveyed by Emerson to Mott by deed dated 25th of June 1690, the wives of both being daughters of Mrs. Richbell. The deed to Colonel Heathcote also provided that "this Deed of Sale shall not obliedge the said Ann Richbell to make good to the said Caleb Heathcote any of the outlands within the Two Miles further than her right and title therein." With these exceptions Ann Richbell's en- tire right title and estate under the deeds and Patents of her husband John Richbell was conveyed to, and vested absolutely in, Colonel Caleb Heathcote.1
The above reservation to Mott referred to a small piece of upland at the entrance to that portion of the East Neck, subsequently, and to this day, called "De Lancey's Neck," of about thirty acres deeded by Mrs. Richbell to Mary and James Mott on the 8 August 1684, which from Mott's heirs finally became vested in the late Giles Seaman after whose death it passed by sale to the late Isaac Hall, who sold it in his life- time to its present owner, who built upon the prem- ises the fine summer hotel now called, from his own name, the "Rushmore."
The last and only other reservation in the above deed to Col. Heathcote related to some lands which Richbell and his wife in his lifetime had sold in small parcels which he called " Alottments or House Lotts." It will be recollected that Richbell's object was to estab- lish a quiet place for trade at Mamaroneck. In his application to the Dutch Director and Council for leave to purchase the Indian title and their ground- brief, above given, authorizing him so to do, mention is made of some persons who, with his permission, would settle there with him, and for whom he made himself, and was held to be, responsible. These ap- pear to have been persons from Oyster Bay on Long Island and Manussing Island in Rye, between which places a sort of ferry communication across the Sound then existed. Nothing remains to show whether the trade of Modiford Sharpe and Richbell was, or. was not, profitable. If the latter, it could not have been so very long, for the English conquest of New Netherland in 1664, three years after Richbell's pur- chase of Mamaroneck, put an end to its advantages for a contraband business. After his controversy with Pell was terminated in 1671 as shown above, Rich-
bell did little or nothing practically towards settling Mamaroneck. His English Patent was issued October 16, 1668. A few months later he apparently set apart a strip adjoining the north side of the old Westches- ter path or road from the crossing of Mamaroneck river down to and along the shore of the harbour west- ward for what he termed, " Alottments or House Lotts " eight in number. The first deed from him- self and wife was, it is believed, made to one John Bassett on the 4th of March 1669, for number "four" of these "House Lotts." It was a deed of gift, the consideration being "the Good opinion and Good affection we beare to Mr. John Bassett." It was bounded east by No. three, and west "with my own house lot named No. five." It reserved a rent of "one bushel of winter wheat payable annually on the 25th of March," and " one day's work each yearly harvest; " and prohibited any sale of the land "but by and with the consent and approbation of the said John Richbell or Ann his wife." Of the other six " House Lotts" those which were sold were conveyed in a similar manner and with similar reservations, except that the consideration was in money. To each "House Lott " was appurtenant an undivided eighth part of a tract in the rear of the "House Lotts," which, with, and including, the latter, extended two miles " northwards into the woods."" Later with the consent of his grantees he had a survey made of this tract, by Robert Ryder the Surveyor-General of the Province. The original is in the writer's possession, and is in these words :
THE FIRST SURVEY OF MAMARONECK.
"These may certifie all whom it may conserne y' by a mutual consent agreed on betweene Mr. John Richbell & the inhabitants of Momoronacke I have runn out a certaine tract of Land wet is in partner- ship betweene the said Inhabitants and the said Mr. Jo." Richbell, beginning at Momaronacke [River] running thence southwesterly fifty degrees along the harber ninety and two chains : to a certaine runn or Swamp called Dirty Swamp : running thence to the ffalls of Sheldrake River including the said ffalls within the said line : N. W. 20 degrees: forty and five chaine: running thence upon a N. W.ly [line] 45 degrees to a certaine Rocky hill being upon the Southermost pt. of the greate plaine, one hundred twenty and two chaines : running thence by pt. of the edge of the plaine & threw the woods to Momor- ronacke River one hundred twenty & seaven chaines : ffrom thence running by the side of the River to the Going over of the said River: one hundred & sixty chaines. & in testimony hereof I have hereunto sett my hand this 16th ffeb : 1671. Ro. Ryder Surueye" : ""
1This deed was acknowledged by Ann Richbell March 224 1697 before "Joseph Theal Justice" and was recorded in Lib. B, of West. Co. Rec- ords ; p 371 &c June 15th 1698.
" These details are taken from a copy of the deed to Bassett, in the writer's possession. It does not appear ou the Westchester Records nor on those of the town, which begin only in 1697.
" This survey was subsequently on the 11th of August, 1687, recorded in West". Co Lib A, 149.
149
THE ORIGIN AND HISTORY OF THE MANORS.
Richbell's Patent of 1668 ran according to its terms North Northwest twenty miles into the woods, its eastern boundary being the Colony line fixed Decem- ber 1st 1664 by Governor Nichols, and Commission- ers Cartwright and Mavericke on the part of the Duke of York and Gov. Winthrop Secretary Allyn, and Messrs. Richards, and Gold, on the part of Con- necticut. That line these Commissioners thus offi- cially describe in their formal treaty between the two Colonies ;- " We order and declare that the creeke or river called Mamoroneck which is reputed to be about thirteen miles to the east of Westchester, and a line drawn from the east point or side where the fresh water falls into the Salt at Highwater-Mark North Northwest to the line of the Massachusetts to be the western bounds of the said Colony of Connec- ticut." This line remained unchanged till 1683, nineteen years later, when the boundary was fixed at the mouth of Byram River as its starting point. Con- sequently the direction of the lines of Richbell's Patent being the same as that of the Colony line of 1664,they could not be legally set aside or suc- cessfully disputed in a Court of law. But certain " Ryemen " being of Connecticut origin did make a claim to Richbell's lands in the Whiteplains, as belong- ing to them by virtue of a deed from an Indian named Shapham, and several other Indians to "the Town of Rye " dated 22d Novemb. 1683-twenty-two years after Richbell's purchase of the lands in September 1661. But this deed was not obtained, nor the claim under it made by the " Ryemen," until Richbell was about to dispose of his lands in Whiteplains. What a perfect " Yankee trick " this claim was is shown by the fact that it describes the Whiteplains as being "within the town bounds of Rye," when six days after its date the then pending public negotiations fixed the boundary line at Byram River, and Rye ceased to be a part of Connecticut, as she claimed to be and from which she got her "town bounds." It was obtained in a hurry so as to base on it a claim for the land as a part of Connecticut. Smart as it was, it proved, in the end a complete failure. The claim of the "Rye Men " was simply a claim under the charter of Connecticut, which they insisted took in every part of Westchester County across to the Hudson River. Richbell at once brought the matter before Governor Dongan by the following complaint and petition for redress :
RICHBELL'S PETITION AGAINST THE CLAIM OF RYE- MEN TO WHITEPLAINS.
To the Right hono:ble Coll Tho Dongan Leiv' Govern" and vice admirall under his Roy" high" of N. Yorke and Dependences in America &c. And to the honoble Councell.
The humble Peticon of John Richbell of Momoro- neck Gentl.
HUMBLY SHEWETH That whereas your Petition' hath been for Severall years Possessed and Enjoyed
of a Certain Tract or Parcell of Land within . this Governmt upon the maine, Contained with a small River Commonly called Momoroneck River being also the East bounds or Limitts of this Governmt upon the maine, and the Westermost with the grav- elly or Stony brooke, or river which makes the East limitts of the Land knowne by the name of W= Pell's Purchase haveing to the south the sound and runing northward from the marked Trees upon the said Neck's twenty miles into the woods the which said Parcell or Tract of Land hath been heretofore Lawfully purchased of the Indian Proprietors by the said John Richbell Gentl and his Right and Title thereunto Sufficiently Proved as > his Pattent from Governour Lovelace bareing Date the 16th of October in the 20th yeare of his Ma' Reigne Anno Dom 1668.
Relation being thereunto had will more fully & at large appeare. Butt now soe it is may it please your honor and the honoble Councell haveing a Desire to dispose of some Quantity of said Land which is Called the Whiteplaines and is menconed within said Pattent to Severall Persons whose names' are Sub- scribed to a writeing hereunto annexed for the better Improvem'. And manureing the same & to Settle thereon with themselves and familyes is wholly Ob- structed and hindd by Ryemen haveing made a greate Disturbance amongst them and Pretends a right to the Same therefore Cannot dispose of any part or p'cell thereof till your hono' will be pleased to grant an Order to Cleare the Same.
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