USA > New York > New York County > Harlem > Revised History of Harlem (City of New York): Its Origin and Early Annals. : Prefaced by Home Scenes in the Fatherlands; Or Notices of Its Founders Before Emigration. Also, Sketches of Numerous Families, and the Recovered History of the Land-titles > Part 43
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We may simply add here, that subsequently, to wit, on Nov. 24th, 1684, William Darvall conveyed his lands in Harlem, with Great Barent's Island, to Samuel Swynock, aforesaid, of London, and Jacob Milborne, of New York (formerly Captain Delavall's book-keeper), as trustee of said Swynock; and that the latter buying Swynock out, Aug. 9th. 1687, afterward sold the island to Thomas Parcell, as will be further noticed. Abraham Gouverneur marrying Milborne's widow (who was a daughter of the noted Capt. Jacob Leisler), eventually came in possession of one third of Capt. Delavall's lands in Harlem-the other two thirds, with Little Barent's Island, going to the Pipons, as heirs of Captain Carteret. But not till sixty-five years after the death of Capt. Delavall were these respective claims fully adjusted, and the estate-much enhanced meanwhile by drafts from the com- mon lands-finally closed by the sale of the property. This in-
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HISTORY OF HARLEM.
teresting title is especially treated of in the Appendix, under the head of "The Delavall Lands .*
Jacqueline Parisis, widow of Daniel Tourneur, being "sick and weak of body, and lying in bed," made her will Aug. 31st, 1682, to which were witnesses Resolved Waldron and Joost van Oblinus. The property, comprising "lands, houses, house lots, cattle, ready money, credits," was to be shared equally by her children, Daniel, Madeleine, Esther, Jaco and Thomas, except as follows: "Whereas, Jan Dyckman, married to Madeleine, has a lot of land on Montagne's Flat, and an erf and garden here in the village, already in possession ;" her son Daniel shall have the lot of land on Hoorn's Hook, which he has procured in his own name, with a lot on Montagne's Flat, and also the carpenter's tools. Jaco and Thomas are each to have "a weaver's loom and its fixtures." Daniel and Jaco are to engage to give her youngest son, Thomas, a good trade, whichever he is best suited for, either wheelwright or weaver, which they themselves understand. Her two daughters to divide her clothing. But Mrs. Tourneur sur- vived this illness eighteen years. Not "sackcloth and mourning" came to her house, but a happier event, the marriage, the ensuing winter, of her eldest son, Daniel, to an English maiden, "Ann Wodhull, of Seattalcot, spinster." By what unbidden chance or love's deep art was brought about this alliance with a distant Long Island family, we are not told. The Governor's license was obtained Feb. 5th, 1683, and the nuptials were probably celebrated at Setauket, in the hospitable home of the Woodhulls. The next summer the son Jacques married into the Dutch family of Kort- right, and went to live on the farm on Montagne's Flat, on the expiration of the lease to Thomas Holland, who had taken it Oct. 30th, 1679, for four years, "with the house and hoybergh," en- gaging, the first year, to clear and fence three morgen of land ; the lessor (Daniel Tourneur) and lessee to use the barn in com- mon, and together to dig a well.
By a later will, and a contract between the children, both
. Jacques Cousseau, another old merchant of New York, and a Huguenot exile (see pp. 48, 100), associated with Harlem in his infancy, survived Capt. Delavall but a short time, after being present as a witness to his will. He himself died in- testate. His account and letter books running from 1653 to 1677, and described in his inventory, taken December 7. 1682, evidence a long and active business career, chiefly at La Rochelle and New York. He was latterly a shipping merchant; in business affairs "esteemed a person of credit and honesty, and in no manner suspected of fraudulent dealings." In 1665 he visited Hamburgh, and again went to Holland in 1668. He had served as schepen at New Amsterdam, and was one of the com- missioners who arranged the capitulation in 1664. His connection with Harlem had previously ceased, on the sale of his lands to Tourneur. A warm friendship had long subsisted between Mr. Cousseau and Simon Fell and his wife, he a Hugeunot from Dieppe (probably ancestor of Judge John Fell, of New Jersey), and, in 1680, Cous- seau married Fell's widow, Anna Vincent. Her brother, John Vincent, was Mr. Cousseau's administrator. Martha Cousseau, his daughter, as would appear, married Daniel Potreau, of New York.
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HISTORY OF HARLEM.
dated Sept. 7th, 1690, the Tourneur lands were divided somewhat differently. Daniel took the land and buildings on Montagne's Flat, then occupied by his brother Jacques, giving him his own. including three lots together (in which the late Wood farm was embraced), with the meadow on the adjoining creek ; Jacques and Thomas took "the buildings and house lots and orchard, and the five lots lying at this village, to wit: a lot behind the aforesaid orchard (being No. I Jochem Pieters) and four lots of land lying on Van Keulen's Hook; with the meadows to the same belonging, at Stony Point. and at Spuyten Duyvel, in the Round Meadow." The children of Madeleine Dyckman, deceased, were to have the inheritance from their grandfather and grandmother, namely, a lot on Montagne's Flat and two Out-gardens at the village ; and Esther was to retain the land on which she then lived (in West- chester). with the meadow on that side of the river at Spuyten Duyvel. Jacques and Thomas were to pay their sister Esther 400 gl .. and the children of their sister Madeleine 1,000 gl. : all the lands were to pass into full possession in May, 1691, and the chil- dren were to pay their mother for her support, each the sum of 40 gl. yearly. Daniel's death, which happened only a few days later. made no change in this arrangement of the lands : for the further history of which and of the partition between Jacques and Thomas. see Appendix E. F, G.
Jan Hendricks van Brevoort leased the town lot (church farm) and meadows. Jan. 12th, 1683. for the term of ten years, at 85 gl. per year. According to custom, it was set up at public auction, and struck off to Brevoort as highest bidder. On March 15th. Resolved Waldron. Johannes Vermelje, Jan Nagel, and Joost van Oblinus, curators and guardians of the estate of Thomas Hedding. deceased, advertised for creditors to present their claims within six weeks .* After further notice, his stock, etc .. was sold at auction May 12th and June 2d, 1683, bringing 608 gl. Buyers. Johannes Vermelje. Jan Dyckman, William Bickley. Barent Waldron. Rever Michielsen. Lourens Jansen, and Jan Gerrits de vries. Three cows, with each a calf, brought respec- tively, 132, 145, 150 gl.
Jean Baignoux sold his farm on Hoorn's Hook, May 15th.
* Thomas Hedding, who leased a farm in the town, had lately died. Ile made his will June 2. 1682, when "sick in body and lying in bed." He was then the "widower of Maria Huyberts," and devised what he had to his children equally. after gifts to Catherine, the child of his daughter Sarah, and to his youngest daughter. Maria. Sarah was then the wife of John Watson. Lawrence Hedding, his only son known to us. and who was born in Amsterdam, in 1665. became a "mariner" or sea captain, and married, in 1698. Johanna, daughter of Laurens Colevelt. The next year he took a dismission from the Harlem church to that of New York. He was naturalized in 1702.
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HISTORY OF HARLEM.
to Isaac Deschamps, a French refugee, and well-to-do merchant at New York. On June 8th ensuing, Deschamps got a lien on Jacob Young's farm adjoining, to secure the payment of f20; but three months later, Young sold to Holmes, as before stated. The Saw-kill farm was now held jointly by Robinson and Pin- horne (the last as agent for Lewin and Wolley), but Robinson, within a short time, to wit, on Feb. 12th, 1684, disposed of his half to William Cox, a prominent New York merchant, largely engaged in the West India and foreign trade. Deschamps eventu- ally sold the Baignoux farm to John Spragge, Esq., of New York. The lands about this lower section of the town, already acquiring value, were thus passing from the hands of the sturdy yeomen who first settled and improved them, in part to become, under the touch of wealth and refinement, the charming rural seats of affluent tradesmen and shipping merchants, noted mariners and others. Later occupants of the Saw-kill farm were Capt. Samuel Bradley and his son-in-law, the famous Capt. William Kidd, whose wife was the former Mrs. Cox .*
Col. Thomas Dongan arrived at New York, August 25th, 1683, with a commission as governor. He was instructed to con- vene a General Assembly, to frame new laws for the province, and in Council, Sept. 15th, ordered a writ sent to the Sheriff, "to summon the freeholders of the City of New York, the Boweries or Farms, and Harlem, to choose four Representatives." Due respect must have been paid to this notice, though the records are silent in regard to the effect upon the Harlem people, or their action thereon. Exciting less enthusiasm here than it produced among the English population, we presume none of the delegates were from Harlem. On Sept. 24th, John Delamater's two horses were "pressed" for some urgent public service, and he accompanied them and was paid for it, but we are left to surmise the object.
Indeed, a home matter of great interest to the freeholders had for some months occupied the public mind. This was another suit brought by Tourneur and the Jansens against Colonel
. Jean Baignoux bore a good character, but is little known. It was he, we pre- sume, who, as Jan Binjou, joined the church April 12, 1665, at the same time with Abraham du Toict. Binjou (Beenyou) approaches his name in sound. Montagne writes it Benu; the English scribes usually Benew. The cultured Vander Vin using a Latin prefix (see note p. 120), writes it Abignou, i. e. from Baignoux,' the latter a Burgundian town, whence Jean probably came. Twice he calls him "Jean Abignou, alias Jan Petit." The French called him Jean Petit, the Dutch Klyn Jan, both mean- ing Little John. Kleyn Jan was paid at Harlem 9 florins for "putting the drum in order." I suspect he had been one of Governor Nicolls' soldiers. He had license December 6, 1670, to marry Elizabeth, daughter of Ralph Hall, but his wife in and after 1673, was Anna Hoede. In 1680, he married Jenne Stevens. Later, if we mistake not, sailing a coasting vessel, he met with disaster. Abraham Gouverneur. writing from Boston, October 12, 1692, relates "the sad mischance of Little John and his son," who bound thence for New York, "were cast away on Nantucket Shoals, and both drowned."
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HISTORY OF HARLEM.
Morris, for the recovery of the meadows at Stony Island. On May 31, 1683, at the instance of the plaintiffs, Justice Willett, of the Court of Sessions for the North Riding, issued a sum- mons for Colonel Morris; an entry and record of the case being also made as follows, by John West, the clerk:
Jamaica Sessions Ss: Col. Lewis Morris was summoned to answer Daniel Tourneur, Cornelis Jansen and Lawrence Jansen, of a Plea, for that he the said Col. Lewis Morris them, the said Daniel Tourneur, Cornelis Jansen and Lawrence Jansen, out of a certain parcel of Meadow Ground at Stone Island, being four lots, hath ejected, and from them unjustly and unlawfully does detain, etc. And thereupon the said Daniel, Cornelis and Lawrence say that for divers years last past, they, the said Daniel, Cornelis and Lawrence, have been quietly, peaceably, and lawfully seized of the before-mentioned four lots of Meadow Ground, and to their own proper use and behoof have held, occupied, and en- joyed the same; but the said Col. Lewis Morris the right, title, and interest of the said Daniel, Cornelis and Lawrence not at all regarding, into the said four lots of Meadow Ground hath entered, and therefrom the said Daniel, Cornelis and Lawrence liath ejected, and by force un- lawfully anl injuriously the same doth withhold and detain, by which they say they are damnified the sum of Sixty Pounds; Whereupon they bring this their suit, praying Judgment against the said Col. Lewis Morris, for the said four lots of Meadow Ground, with their Damage and Costs, etc.
The summons was in these terms :
Jamaica Sessions ; To Col. Lewis Morris.
You are in his Majesty's name required to be and personally to ap- pear at the next Court of Sessions to be holden at Jamaica for the North Riding of Yorkshire on Long Island, on Wednesday, the_13th day of June next ensuing, then and there to answer Daniel Tourneur, Cornelis Jansen and Lawrence Jansen, for that you them, the said Daniel Tourneur, Cornelis Jansen and Lawrence Jansen, out of a certain parcel of Meadow Ground at Stone Island, being four lots, have ejected, and un- justly and unlawfully from them do detain and withhold, to their damage Sixty Pounds; and thereof you are not to fail at your peril. Dated the 3Ist day of May, 1683. THOMAS WILLETT.
This summons was served on Morris, June 2d. and at the time appointed the case came to trial. Plaintiffs produced the Harlem patent, and the special patents to Tourneur and De Meyer, in support of their claim. Witnesses were heard. Adolph Meyer testified that he had been at Harlem twenty-two years, and never heard that any others laid claim to the meadows in question at Stony Point; further, that the two brothers, Jansens, mowed the hay before Governor Colve's time, at Stony Point and Stony Island, and that the island belonged to Daniel Tourneur fifteen or sixteen years ago. Defendant endeavored to show that the island so called was not such till "David Demarest made the Ditch between Stony Neck and the Main, in the time of the Dutch, he being then overseer of the Plantation." Hnece he held that
HISTORY OF HARLEM.
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it was part of his land. The case being submitted, the jury returned a verdict for the plaintiffs; but Morris' attorney put in a plea for an arrest of judgment, which being allowed by the court, the verdict was quashed, and the plaintiffs were ordered to pay the costs.
Thus the case stood till after the arrival of Colonel Dongan, when, single-handed, Tourneur determined to renew the contest. On September 25th, he petitioned and obtained an order of the Governor and Council, allowing him to carry his suit to the Court of Assize. Thereupon the following summons was issued :
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By the Governor.
You are, in his Royal Highness' name, required to be, and personally to appear at the next General Court of Assizes, to be holden at the City of New York, beginning the first Wednesday in October next ensuing, by nine of the clock in the forenoon of the same day; Then and there to answer Daniel Tourneur in an Action of Trespass on the Case, for eject- ing the said Daniel Tourneur out of a certain lot of Meadow Ground lying on Stone Island, in the Precincts of Harlem, and therefore you are not to fail under the Penalty of One Hundred Pounds. Given under my hand at Fort James, the 25th day of September, 1683.
To Col. LEWIS MORRIS.
THOS. DONGAN.
Tourneur's statement, duly entered, was as follows:
Declaration ad Ami, Daniel Tourneur vs. Col. Lewis Morris.
Province of New York : To the Honorable Court of Assizes, etc. Col. Lewis Morris was summoned to this Court to answer Daniel Tourneur, of the Town of Harlem, in plea of Trespas on the Case, for that he the said Lewis the said Daniel out of a lot of meadow ground lying on Stony Island, in the precincts of Harlem, within the jurisdiction of this Court, did eject, expel, and from his quiet possession thereof did remove; And whereupon the said Daniel sayeth, that in the month of June, in the year of our Lord 1681, he the said Daniel stood quietly and lawfully possessed of a certain lot of meadow, marked Number 3, lying -on Stony Island, on the east part of the said Island, containing by estimation about four acres; And being so quietly and peaceably possessed, he the said Lewis Morris,. upon the 2d day of July, in the year of our Lord 1681, with force and arms, upon the said lot of meadow ground did enter, and him the said Daniel from his quiet and peaceable possession thereof did eject, expel, and remove, and the hay which he the said Daniel had mowed with force did take and carry away, and him the said Daniel from his quiet possession thereof doth keep, contrary to the peace of our Sovereign Lord the King, etc., and to the damage of the said Daniel Forty Pounds; which causes the said Daniel to bring this his suit, craving Judgment of this Honorable Court, that he may be re- possessed of the said meadow, and such damage and cost may be awarded him as your Honors in your grave judgment shall think meet. And the Plaintiff will ever pray, etc.
Morris' answer, prepared with care, was in these terms :
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HISTORY OF HARLEM.
Ad Ami, A°. 1683.
Daniel Tourneur, Plt. - In Trespass and Ejectment.
Col. Lewis Morris, Deft.
Declaration. The Plt. declares in Trespass and Ejectment, that the Deft., the 2d July, 1681, with force and arms, etc., did eject him out of a lot of meadow ground lying on Stony Island, on the east part of the said Island, in the precincts of Harlem, containing by estimation about four acres, and the hay which he had there mowed did take and carry away, to his damage £40.
Plea. Deft. pleads not guilty, etc., and puts himself on the country. etc. Claims the meadow in question belongs to the Deft. He derives his Title as followeth, viz. :
Oct. 20th, 1644, a patent was granted by the Dutch Governor Wm. Kieft unto Arent van Curler, who married the widow of Jonas Bronck, for a certain tract or parcel of land formerly in the tenure or occupation of the said Jonas Bronck, and by the English called Bronck's Land, lying and being on the main to the east and over against Harlem town, having a certain small creek or kill which runs between the south-west part of it and little Barnes Island, near Hellgate, and so goes into the East River, and a greater creek or river which divides it from Manhatans Island; containing about 500 acres or 250 morgen of land, and including all the fresh meadow thereunto annexed or adjoining.
July 10th, 1651, the said Arent van Curler conveyed the said land unto Jacob Jans Stoll.
Dec. 19th, 1662, Mattheus de Vos. as attorney of Geertruyt Andries. the widow of the said Jacob Jans Stoll, conveyed the said land unto Geertrieu Hendricks, formerly the widow of. Andries Hoppen. Upon the same day the said Geertrieu Hendricks, with the approbation and consent of Dirck Gerrits van Tright, then her husband, conveyed the same land to Harman Smeeman.
Oct. 22d, 1664, Harman Smeeman sold and conveyed the same land, for a valuable consideration, to Samuel Edsall.
1668, Col. Nicolls, by patent, makes recital of all the former con- veyances and ratified and confirmed to the said Samuel Edsall, his heirs and assigns forever, all the aforesaid land and premises, with its appur- tenances, and all meadow ground, marshes, etc., to the same belonging or in anywise appertaining.
June 4th, 1668, The said Samuel Edsall and Jannetien his wife, by deed indented, for the consideration of £140, sold and conveyed the same to the Deft. with all the meadows and marshes thereto belonging; and had actual possession thereof.
1673. The Deft. remained in possession until Anno 1673, when the Dutch taking the place, his negroes were seized, and his family forced to leave the land, in which time the Plt. cut a ditch in his meadow to make that an Island which was not so before.
1674. By the Articles of Peace, and surrender of the place ,the Deft. was again possessed of the land and premises, and so remains.
March 25th, 1676; The before-mentioned land, meadows and premises, with an addition of a larger quanitiy of land, was by patent from Sir Edmund Andros confirmed to the Deft. who is in possession thereof, and therefore says that the meadow in question is part of the land and meadow mentioned and contained in all the former grants and conveyances; and that he ought to hold and enjoy the same, for that his title as aforesaid is far preferable and more ancient than the Plaintiff's pretences, which are but of late, and on uncertain grounds .*
· The Hopper family, of this country and of good Holland antecedents, are de- scendants of Andries Hoppen, who with his wife, Geertie Hendricks, emigrated about 1650. He was enrolled, in 1653, in the burgher corps at New Amsterdam, and granted the small burgher right in 1657, when he owned considerable property in the city; but
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HISTORY OF HARLEM.
385
Upon the trial, which came on at the time appointed, and at which Governor Dongan presided, Engeltie Burger, widow of Burger Joris, Thomas Hunt, Sr., Thomas Hunt, Jr., Walter Webley, John Archer ( Mr. Osborne, and Thomas Wandell, gave the following testimony in behalf of the defendant; that for the plaintiff has been substantially anticipated :
Burger sayeth that Bronck mowed the meadow on the Neck about 40 years ago, three times ; and made a bridge, and put their cattle there. Hunt, Senr., had knowledge of the land in Gov. Kieft's time, and saw fences of Bronck's land standing on the east side of the creek; and a bridge went over it, and the land was generally called by the name of Bronck's land, and that Stone Island is a new name.
Hunt, Junr., that when Col. Morris' brother came, a report was that he had got the land as far as Bronck's river; and meeting with Daniel Tourneur. father to the plaintiff, he told him thereof; and in discourse the said Tourneur showed him the bounds of Bronck's land, and that the land in controversy was contained therein; that till the time of the Dutch governor Colve, the same was a firm, entire neck, and horses and carts could go over, when a ditch was made; and that he never knew it to be called Stone Island, and that the defendant's land comes to the East River only in that place.
Webley understanding that some Harlem men had been on the land to mow the meadow, he forewarned them; they went away. Next year the place being taken by the Dutch, Tourneur hired one to make a ditch round the meadow, etc. In discourse after, with Tourneur, in presence of Capt. Nicolls and Capt. Knapton, the draft being shown, they agreed; and the defendant thereon procured a patent for it.
Archer sayeth that long time since, the town pretending want of meadow, obtained liberty of Stuyvesant to mow, until the owners appeared to forewarn them, and when Col. Nicolls came, they underhand got a patent of him, and had none before, but hired land of the Indians .*
Osborne sayeth he was overseer on Col. Morris's land; the plaintiffs by Capt. Morris's leave mowed there at halves, and afterwards were by him discharged, and that the meadow was then fast and firm, without any ditch.
Wandell, the same.
The following is a copy of the decision :
this honor he survived little more than a year. Having agreed with Jacob Stol for the purchase of Bronck's land, and made a payment on it, he and Stol both died be- fore the deed passed. The two widows concluded the transfer. In view of her marriage with Van Tright, which took place in May, 1660, Mra Hopper secured to each of her four children the sum of 200 guilders. These were Catherine, born 1651, who married Frederick Thomasz, of New York; William, born 1654, married Minne, daughter of Jurck Paulus; Henry, born 1656, married Maria, daughter of John Van Blarkum; and Matthew Adolphus, born 1658, who married Anna, daughter of Jurck Paulus. Part of his family settled at Bloomingdale, part in Bergen County; and from the former came Yellis Hopper, of Hoorn's Hook, grandfather of Mrs. William H. Colwell, of Harlem. And the author, making his home in Jersey City while passing his work through the press, has prepared this brief note under the mayorality of an estimable descendant of Andries Hopper, the old New Amsterdam burgher; we refer. as is obvious, to the Hon. Henry J. Hopper.
* Archer's unfriendly thrust at the Harlem people regarding their patent, and to be readily accounted for, cannot impair his direct statement, that they had no patent prior to that of Governor Nicolls. Thus the position taken on page 285, that Harlem had no general patent under the Dutch, is sustained.
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HISTORY OF HARLEM.
At a General Court of Assizes held in New York, beginning the 3d and ending the 6th day of October, 1683.
Daniel Tourneur, Pltf.
Col. Lewis Morris, Deft.
Upon an Action brought into this Court by the Plaintiff against the Deft. for being ejected, expelled, and from his quiet possession removed out of this lot of land lying on a certain piece of ground called Stony Island, which the Deft. alleged to be within his purchase as belonging to the land bought by his brother, of Samuel Edsall, on his behalf; the Case having been fully heard and debated, and witnesses on both parts produced, the Jury brought in their ,Verdict in writing: We find for the Plaintiff, with Costs of Suit; and the Court gave their Judgment accord- ingly. The Defendant petitioning the Court for a review of his case, and desiring that the Jury may be of the neighborhood, it was Ordered, that Col. Lewis Morris have a review or a hearing at the next General Court of Assizes, and that there be a Jury appointed, the one-half whereof is to be of this City of New York, and the other half from Long Island, to view the said Land, and to have the patent of Arent van Curler along with them.
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