USA > New York > Westchester County > Origin and History of Manors in the Province of New York and in the County. > Part 6
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A. They have no intention so to do ; unless they derived profit by it. But they hope, now that they have taken some order about Brazil, that it will prove a source of profit in time.
They propose to surrender the trade with the Indians, or something else. Nothing now comes from New Netherland but beaver skins, minck's, and other furs ; considerable grain could be raised there in course of time.""
The effect was, that the States-General appreciating the necessity of action, considered a "plan of throw- ing open" New Netherland, adopted it on the 2d of September 1638, and at once put it into operation.
This plan opened the trade of New Netherland to all the world on certain simple conditions, and per- mitted any one to take up land according to his means for immediate cultivation. It is in these words ;-
" Whereas the Directors of the Incorporated West India Company, Chamber at Amsterdam, are author- ized by resolution of the XIX., to promote and im- prove the trade and population of New Netherland;
they, therefore, with the approbation of their High Mightinesses, hereby make known to all and every the inhabitants of this State, or its allies and friends, who may be disposed to take up and cultivate lands there, and to make use for that purpose of the harbors of these countries, that they may henceforth convey thither in the company's ships, such cattle merchan- dise and property as they shall deem advisable; and receive the returns, they, or their agents may obtain therefor in those parts; on condition that all the goods shall first be brought to the Company's store, 80 as to be put on shipboard all at once, in the best manner, on payment of the following duties and freights; and the Directors will take care that they shall be sent thither by the safest conveyance ;-
On all merchandises going thither, there shall be paid to the company here (an export duty) a duty of ten per cent. in money, proportionably to their value; and on those coming thence hither (an import duty) fifteen per cent. there, in kind or money, at the choice of the Company or its Agent ; eighty-five remaining for the owner. And if any one happen to commit an error, in the valuation of his goods, the Company shall be at liberty to take such goods, paying one- sixth more than they are entered at ; but all concealed and smuggled goods, either in this country or that, which may be discovered to have been brought on board the Company's ships, by secret plans or other cunning contrivances, shall be immediately forfeited and confiscated to the profit of the said Company, without any right of action accruing thereby." And after specifying rules for freight charges, it continues thus ;-
"And whereas it is the Company's intention to cause those countries to be peopled and brought into cultivation more and more, the Director and Council there, shall be instructed to accommodate every one according to bis condition and means, with as much land as he can properly cultivate, either by himself or with his family. Which land thus conceded to any person in the name of the Company, shall re- main the property of him, his heirs, or assigns, pro- vided he shall pay to the Company after it has been pastured or cultivated four years, the lawful tenths of all fruit, grain, seed tobacco, cotton, and such like, as well as of the increase of all sorts of cattle; of which property a proper deed shall be given, on con- dition that he truly undertakes the cultivation or pasture thereof. Failing therein, he shall incur, in addition to the loss of such land, such penalties and fines as shall be mutually agreed on at the time of the grant. To which penalties and fines his suc- cessors and assigns shall be also bound. And in order to obviate all confusion and losses, which have formerly arisen therefrom, and are hereafter to be expected in a still graver degree, no one shall hence- forward be allowed to possess or hold any lands or houses in those parts, that have not previously come through the hands of the Company.
1 I. Col. Hist. N. Y., 94.
" I. Col. Hist., 107.
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HISTORY OF WESTCHESTER COUNTY.
The Company, subject to the High and Mighty Lords States-General, shall take care that the places and countries there shall be maintained in peace and quietness, in proper police and justice, under its ministers or their deputies, conformably to the regu- lations and instructions thereupon already established and issued, or to be hereafter enacted and given, upon a knowledge and experience of affairs.
All those who will be inclined to go thither, to inhabit the country or to trade, shall severally declare under their signatures, that they will voluntarily sub- mit to these regulations, and to the orders of the Company, and shall allow all questions and differ- ences there arising, to be decided by the ordinary courts of justice, which shall be established in that country, and freely suffer there the execution of the sentences and verdicts, without any further opposi- tion. And shall pay for passage and board in the state-room, one guilder, in the cabin twelve stuivers, and between decks, eight stuivers, per diem." 1
The effect of thus throwing open to the world the trade of New Netherland, was to increase at once its population, and the development of the agricultural capacity of the country. Capital was attracted. colonists came over from Holland, and Patroonships and individual grants of lands were freely taken up. Englishmen and their families driven from New England by Puritan persecution,-a persecution un- paralleled in North America save by that inflicted by the Spaniards in Mexico, fled to the Dutch prc- vince, became subjects of the New Netherland gov- ernment, and as grantees of its landIs took the oaths of allegiance to the West India Company and to the States-General of Holland.
The old disputes between the Company and the Patroons as to their respective rights, though modi- fied, still continued. At last in January, 1640, the matter was taken up by the States-General, the Assembly of the Nineteen, and the Patroons, with a determination to come to a final settlement of the whole subject. Debates, discussions, and negotiations, were actively continued till July of the same year, with the result, that an entirely new charter of " Freedoms and Exemptions " was framed which met the assent of all parties. This was reported to the States-General on the 19th of July, 1640, duly en- acted, and went into immediate operation.
The first charter of " Freedoms and Exemptions of 1629," and this new charter of 1640, together, are the foundation of civilized government as originally established, in New York, and successfully maintained there during the entire period of its possession by the Dutch nation.
Before describing the system of government, civil and ecclesiastical law, and land tenures, thus founded and set in operation, it is necessary to a right under- standing of the subject to set forth at length, in its
own words, the new charter of 1640, so that there can be no misunderstanding of these most important instruments as to what they do, or do not, contain. It is entitled ;-
"FREEDOMS AND EXEMPTIONS granted and accorded by the Directors of the General Incorporated West India Company at the Assembly of the XIX., with the approbation of the High and Mighty Lords States General of the free United Netherlands, to all Patroons, Masters, or Private persons who will plant any Colonies or introduce cattle in New Netherland. Exhibited 19th July, 1640.
" All good inhabitants of the Netherlands and all others inclined to plant any Colonies in New Nether- land shall be at liberty to send three or four persons in the Company's ships going thither, to examine the circumstances there, on condition that they swear to the articles, as well as the officers and seamen, as far as they relate to them, and pay for board and passage out and home, to wit, those who eat in the master's cabin, fifteen stivers per day, and those who go and eat in the orlop, shall have their board and passage gratis, and in case of an attack, offensive or defensive, they shall be obliged to lend a hand with the others, on condition of receiving, should any of the enemy's ships be overcome, their share of the booty pro rata, each according to his quality, to wit-the Colonists eating out of the Cabin shall be rated with the sea- men, and those eating in the cabin with the Com- pany's servants who board there and have the lowest rate of pay.
"In the selection of lands, those who shall have first notified and presented themselves to the Com- pany, whether Patroons or private Colonists, shall be preferred to others who may follow.
" In case any one be deceived in selecting ground, or should the place by him chosen afterwards not please him, he will, upon previous representation to the Governor and Council then be at liberty to select another situation.
" For Patroons and Feudatories of New Nether- land, shall be acknowledged all such as shall ship hence, and plant there a Colonie of fifty souls, above fifteen years of age, within the space of three years after having made a declaration and given notice thereof to some Chamber of the Company here or to the Governor there; namely, one-third part within the year, and so forth, from year to year, until the number be completed ; on pain of losing, through notorious neglect, the obtained Freedoms and cattle. But they shall be warned that the Company reserves the Island Manhattes to itself.
" All Patroons and Feudatories shall, on requesting it, be granted Venia Testandi, or the power to dispose of, or bequeath, his fief by Will.
"For Masters or Colonists, shall be acknowledged, those who will remove to New Netherland with five
1 I. Col. Hist., 113.
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1
55
THE ORIGIN AND HISTORY OF THE MANORS.
souls above fifteen years; to all such, our Governor there shall grant in property one hundred morgens, Rhineland measure, of land, contiguous one to the other, wherever they please to select.
"And the Patroons, of themselves or by their agents, at the places where they will plant their Colonies, shall have the privilege to extend the latter one mile (consisting of, or estimated at, 1600 Rhine- land perches) along the coast, bay, or a navigable river, and two contiguous miles landward in; it being well understood, that no two Patroonships shall be selected on both sides of a river or bay, right opposite to each other ; and that the Company retains to itself the property of the lands lying between the limits of the Colonies, to dispose thereof hereafter according to its pleasure; and that the Patroons and Colonists shall be obliged to give each other an outlet and issue, (uytteweeghen ende uyttewateren) at the nearest place and at the smallest expense; and in case of disagree- ment, it shall be settled in the presence and by the decision of the Governor for the time being.
"The Patroons shall forever possess all the lands situate within their limits, together with the produce, superficies, minerals, rivers and fountains thereof, with high, low and middle jurisdiction, hunting, fish- ing, fowling and milling, the lands remaining allodial, but the jurisdiction as of a perpetual hereditary fief, devolvable by death as well to females as to males, and fealty and homage for which is to be rendered to the Company, on each of such occasions, with a pair of iron gauntlets, redeemable by twenty guilders within a year and six weeks, at the Assembly of the XIX., here, or before the Governor there; with this under- standing, that in case of division of said fief or juris- diction, be it high, middle or low, the parts shall be and remain of the same nature as was originally con- ferred on the whole, and fealty and homage must be rendered for each part thereof by a pair of iron gauntlets, redeemable by twenty guilders, as afore- said.
" And should any Patroon, in course of time, hap- pen to prosper in his Colonie to such a degree as to be able to found one or more towns, he shall have authority to appoint officers and magistrates there, and make use of the title of his Colonie, according to the pleasure and the quality of the persons, all saving the Company's regalia.
"And should it happen that the dwelling places of private Colonists become so numerous as to be a( - counted towns, villages or cities, the Company shall give orders respecting the subaltern government, magistrates and ministers of justice, who shall be nominated by the said towns and villages in a triple number of the best qualified, from which a choice and selection is to be made by the Governor and Council; and those shall determine all questions and suits within their district.
"The Patroons who will send Colonies thither, shall furnish them with due instruction agreeably to
the mode of government both in police and justice established, or to be established, by the Assembly of the XIX., which they shall first exhibit to the Direc- tors of the respective Chambers, and have approved by the Assembly of the XIX.
"The Patroons and Colonists shall have the privi- lege of sending their people and property there in the Company's ships, on condition of swearing alle- giance, and paying to the Company for the convey- ance of the people, as in the first article, and for freight of the goods requisite for their bouwery, five per cent. on the cost of the goods here, without, how- ever, including herein the cattle, on the freight of which the Company shall be liberal.
" But in case it should come to pass that the Com- pany have no ships to dispatch, or that there be no room in the sailing vessels, in such a case the Patroons and Colonists can, upon previously communicating their determination to, and obtaining the consent of the Company in writing, send their own ships thither, provided, in going and returning, they shall not leave the ordinary track laid down, and take a supercargo, whose board shall be at the expense of the Patroons or Colonists, and whose wages shall be paid by the Company; on pain, in case of contravention, of forfeiting their ship and goods to, and for the behalf of, the Company, it remaining optional with the Patroons, during the term of the current grant, and no longer, to convey over their cattle, wares and people in the Company's ships, in their own or in chartered vessels.
" And, whereas, it is the Company's intention first to settle the Island of the Manhattes, it shall pro- visionally be the staple of all produce and wares accruing on the North river and the country there- about, before they can be sent further, except those which by nature itself are useless there, or cannot be brought there except with great loss to the owners, in which case the latter shall be bound to give timely notice of such inconvenience to the Company here, or to the Governor and Council there, that it be pro- vided for, according as the circumstances shall be found to require.
" All Patroons, Colonists and inhabitants there, as well as the stockholders in the Company here, shall be privileged to sail and trade to the entire coast, from Florida to Newfoundland, on the following con- ditions :-
"First, that all goods which will be sent hence for sale there, whether freighted by the Company, or by Colonists, or the stockholders themselves, must be brought into the Company's stores for inspection and payment of the proper duties, to wit: ten per cent. on the cash cost of the article here, besides convoy- freight and average, an agreement being made for the freights of what may be sent in the Company's ships; and bulk will not be allowed to be broken any where except at the Manhattes, or such place as the Com- pany here may order, so as to be at liberty, after
56
HISTORY OF WESTCHESTER COUNTY.
proper inspection of their loading and the entry thereof, to depart to whatever place they think proper.
"And on the other wares which will be sent thence hither, shall be paid here, over and above the convoy duty granted by the State to the Company, five per cent., according to the valuation to be made here, on such penalty as aforesaid ; but an agreement must be made with the Governor and Council there, for the freight of any of the goods that are being sent from there in the Company's ships, as aforesaid ; and on all beavers, otters and other peltries, which will be sent from there here, shall be paid to the Governor and Council there, ten per cent., all in kind, and due receipt for the payment thereof, shall be brought along, on pain of confiscation of all the furs which will be found not to have paid any thing for the be- hoof of the Company, and with that to be exempt from further duty.
" And in case said private ships, in going or com- ing, or in ranging along the coast from Florida to Newfoundland, happen to capture any prizes, they shall, in like manner be obliged to bring the same, or to cause the same to be brought, to the Governor and Council in New Netherland, or to the Chamber whence they respectively sailed, to be rewarded by them, and the third part thereof shall be retained for the Company, before deducting his Highness' and the State's portion, the two other third parts for them- selves, in return for their incurred expenses and risk, all in pursuance of the Company's order.
"In like manner they shall not be at liberty to de- part thence with their goods obtained in barter, with- out first returning to the said place, to enter their goods there and to obtain proper clearance, signed by the Governor and Council, and they shall be bound to return to this country, with their ships and yachts, to the place they sailed from, in order to discharge all their freight into the Company's stores, according to the register and clearance to be brought from thence, on pain of forfeiting their ship and goods for the Company's behoof, should they go and break bulk elsewhere, or have any unregistered goods on board.
"The Company promises, during the continuance of the present charter and no longer, not to burden the Patroons and Colonists in that country, either with customs, toll, excise, imposts or any other con- tributions, and after the expiration hereof, at farthest, with no greater duty than is imposed on goods in this country.
" The Company shall not take from the service of Patroons or Colonists, their man servants or maid servants, even though some person should solicit it; nor receive them, much less suffer them to go from their master's service to that of another, during the term of such years as they are bound for; and if any man servant or maid servant run away, or take his freedom contrary to contract, the Company shall,
according to its means, cause such to be delivered into the hands of their masters, to be proceeded against according to the circumstances of the case.
" From all definitive judgments pronounced by the Courts of the Patroons or Colonists, for an amount exceeding one hundred guilders, or from such as en- tail infamy, also from all sentences pronounced in matters criminal, on ordinary prosecution, conform- able to the custom of this country, an appeal shall lie to the Governor and Council of the Company in New Netherland.
" All Patroons, Colonists and inhabitants are al- lowed free hunting and fishing, both by land and by water, generally in public woods and rivers in the extent of their lands, according to the order to be made thereupon by the Governor and Council; and the Patroons exclusively within the limits of their Colonies, with the clear understanding that the Governor and Council shall not be excluded there- from.
" All Patroons, inhabitants or Colonists, are also allowed to send ships along the coast of New Nether- land and the countries circumjacent thereunto, to fish for Cod, &c., and to proceed with the catch straight to Italy or other neutral countries, on condition of paying to the Company for duty, in such case, six guilders per last, and on coming here with their freight, it shall be allowable and sufficient to pay the Company the custom dues alone, without conveying, under pretence of this consent, any other goods else- where, on pain of arbitrary punishment, it remaining at the pleasure of the Company to put a supercargo on board each ship, on such conditions and terms as hereinbefore set forth.
" If any Patroons, inhabitants or Colonists happen by their industry, diligence or otherwise to discover any minerals, precious stones, crystals, marbles, pearl- fisheries or such like within the limits of their lands, all such Patroons and Colonists shall give one-fifth part of the nett proceeds to the Company, which for this purpose shall have the power to appoint one or more inspectors, at the charge of said mines and pearlfisheries; but any one finding such without their limits, the same shall belong to the Company on pay- ing the discoverer such premium as the merits of the case shall demand.
"The Company shall take all Colonists, whether free or bound to service, under their protection, de- fend them as far as lies in their power with the force which it has there, against all domestic and foreign wars and violence, on condition that the Patroons and Colonists shall, in such case, put themselves in a suit- able state of defence for which purpose each male emigrant shall be obliged to provide himself, at his own expense, with a gun or musket of the Company's regular calibre, or a cutlass and side arms.
"And no other Religion shall be publicly admitted in New Netherland except the Reformed, as it is at present preached and practiced by public authority
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57
THE ORIGIN AND HISTORY OF THE MANORS.
in the United Netherlands ; and for this purpose the Company shall provide and maintain good and suit- able preachers, schoolmasters and comforters of the sick.
"The particular Colonies which happen to lie on the respective rivers, bays or islands shall have the privilege (to wit, each river or island for itself) of designating a deputy who shall give the Governor and Council of that country information respecting his Colonie, and promote its interests with the Coun- cil: one of which deputies shall be changed every two years, and all the Colonies shall be obliged to communicate to the Governor and Council there a pertinent report, at least every twelve months, of their condition and of the lands in their vicinity.
"The Company shall exert itself to provide the Patroons and Colonists, on their order, with as many Blacks as possible, without however being further or longer obligated thereto than shall be agreeable.
"The Company reserves unto itself all large and small tythes, all waifs, the right of mintage, laying out highways, erecting forts, making war and peace, together with all wildernesses, founding of cities, towns and churches, retaining the supreme authority, sovereignty and supremacy, the interpretation of all obscurity which may arise out of this Grant, with such understanding, however, that nothing herein contained shall alter or diminish what has been granted heretofore to the Patroons in regard to high, middle and low jurisdiction.
"The Company shall, accordingly, appoint and keep there & Governor, competent Councillors, Officers and other Ministers of Justice for the pre- tection of the good and the punishment of the wicked ; which Governor and Councillors, who are now, or may be hereafter, appointed by the Company, shall take cognizance, in the first instance, of matters appertaining to the freedom, supremacy, domain, finances and rights of the General West India Com- pany; of complaints which any one (whether stranger, neighbor or inhabitant of the aforesaid country) may make in case of privilege, innovation, dissuetude, customs, usages, laws or pedigrees; de- clare the same corrupt or abolish them as bad, if circumstances so demand; of the cases of minor children, widows, orphans and other unfortunate per- sons, regarding whom complaint shall first be made to the Council holding prerogative jurisdiction in order to obtain justice there; of all contracts or obligations; of matters pertaining to possession of benefices, fiefs, cases of less majestatis, of religion and all criminal matters and excesses prescribed and unchallenged, and all persons by prevention may receive acquittance from matters there complained of; and generally take cognizance of, and administer law and justice in, all cases appertaining to the suprem- acy of the Company."
Owing to the difficulties which arose at the close of Kieft's administration, and continued during the
earlier years of that of Stuyvesant, between the Commonalty of New Netherland and the West India Company as represented by those Directors, growing out of the restrictions upon trade and traders estab- lished by the Company and strictly enforced by their officers, the States-General, after the delegates, Van der Donck, Couwenhoven and Bout, who were sent by the Commonalty to Holland, had explained the mat- ters in question, enacted on the 24th of May 1650, & third Charter of " Freedoms and Exemptions," which modified somewhat the clauses of that of 1640 re- lating to trade, and the administration of justice in some minor points.1 It did not however vary in the least the principles of the former Charters, or the system of settlement and Colonization by them fixed and established in relation to land and its tenure. It is therefore unnecessary to refer to it more par- ticularly in this connexion. These three were the only charters of "Freedoms and Exemptions," in force in New Netherland during the entire Dutch domination.
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