USA > Vermont > Windsor County > Windsor > The birthplace of Vermont; a history of Windsor to 1781 > Part 18
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"IN PURSUANCE WHEREOF, and in obedience to our said royal instructions, our commissioners appointed for the setting out all lands to be granted within our said province of New York, have set out for the said Nathan Stone and William Swan and for their associates named in the schedule aforesaid, to wit :- Waldron Blaau, John Abeel, William Pun- tine, Michael Nan, John McGinnis, Richard McGinnis, Rob- ert McGinnis, Patrick Walsh, James Abeel, Edward McCol- lom, Marinus Low, Edward Patten, Andries Riegler, George Klein, Thomas Lupton, Duncan Robertson, Samuel Stevens, John Pesinger, George Lucam, Francis Groome, and James Cobham, ALL THAT certain tract or parcel of land known by the name of Windsor, situate, lying and being on the west side of Connecticut river, in the County of Cumberland, within our province of New York, beginning on the west bank of the said river, at the distance of five hundred and six chains and twenty links south from the south bounds of the township
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of Hertford. This tract runs from the said place of beginning, north 74 degrees, west 480 chains; then north, six degrees east, 494 chains; then, south 74 degrees, east along the said south bounds of Hertford to Connecticut river; then down along the west bank of the said river, as it winds and turns, to the place where this tract began, containing 24,500 acres of land and the usual allowance for highways, and containing, exclusive of the five several lots or parcels of land hereinafter described, 23,000 acres of land and the usual allowance for highways; one of which said five lots or parcels of land dis- tinguished by the name of the First Lot, is to remain vested in us, and is bounded as follows, that is to say: BEGINNING on the west bank of the Connecticut river, at the south-east corner of the above mentioned larger tract, of which this first lot is a part, and runs thence along the south bounds of the said larger tract, north 74 degrees, west 136 chains; then north, 16 degrees east, 40 chains; then, south 74 degrees, east to Connecticut river; and then down the west bank of said river, as it winds and turns, to the place where this first lot began, containing 500 acres of land and the usual allowance for highways. And, also, our said commissioners have set out to be granted in trust for the uses and purposes herein- after mentioned, the following four lots of land, parts and parcels of the said larger tract so set out as aforesaid, that is to say: For the use of the Incorporated Society for the prop- agation of the Gospel in foreign parts, all that certain lot or parcel of land distinguished by the name of the Second Lot and which begins in the south bounds of the above mentioned larger tract, at the south-west corner of the said first lot and runs thence along the said south bounds, north 74 degrees, west 79 chains; then north, 16 degrees east, 40 chains; then, south 74 degrees, east 79 chains, to the said first lot, and then along the west bounds of the said first lot south, 16 degrees west, 40 chains, to the place where this second lot began, con- taining 300 acres of land and the usual allowance for high- ways. For a Glebe for the use of the minister of the Gospel in communion of the Church of England, as by law estab- lished for the time being, residing on the said larger tract, all that certain lot or parcel of land distinguished by the name
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of the Third Lot, and which begins in the south bounds of the said larger tract at the south-west corner of the said second lot, and runs thence along the said south bounds, north 74 degrees, west 70 chains; then north, 16 degrees east, 45 chains; then south 74 degrees, east 70 chains, to the fourth lot here- inafter described, and then along part of the west bounds of the said fourth lot and the west bounds of the said second lot south, 16 degrees west, 45 chains, to the place where this third lot began, containing 300 acres of land and the usual allow- ance for highways. For the use of a school-master residing on the said larger tract, all that certain lot or parcel of land dis- tinguished by the name of the Fourth Lot, and which begins at the north-west corner of the said second lot and runs thence along the north bounds of the said second lot, south 74 de- grees, east 79 chains, to the fifth lot, hereinafter described; then along the west bounds of the said fifth lot north, 16 degrees east, 13 chains and 40 links; then, north 74 degrees, west 79 chains; and then south, 16 degrees west, 13 chains and 40 links, to the place where this fourth lot began, containing 100 acres of land and the usual allowance for highways. And for the first settled minister of the Gospel on the said larger tract, all that certain lot or parcel of land distinguished by the name of the Fifth Lot, and which begins at the north-west corner of the said first lot, and runs thence along the north bounds of the said first lot, south 74 degrees, east 63 chains; then north, 16 degrees east, 50 chains; then, north 74 degrees, west 63 chains; and then south, 16 degrees west, 50 chains, to the place where this fifth lot began, containing 300 acres of land and the usual allowance for highways. And in setting out the said larger tract and the several lots and parcels of land last described, our said commissioners have had regard to the profitable and unprofitable acres, and have taken care that the length of any of them doth not extend along the banks of any river, otherwise than is conformable to our said royal instructions, as by a certificate thereof under their hands, bearing date the twentieth day of this instant month of March, and entered on record in our Secretary's office for our said province of New York, may more fully appear; which said tract of 24,500 acres of land and the usual allowance for high-
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ways so set out as aforesaid, according to our said royal in- structions we being willing to grant to the said Nathan Stone and William Swan, and the other persons mentioned in the schedule aforesaid, their heirs and assigns forever, (except as hereinafter described) with the usual powers and privileges, and to and upon the several and respective use and uses, trusts, intents and purposes, limitations and appointments, and under the several resolutions, exceptions, provisions, and conditions hereinafter expressed, limited, declared and ap- pointed of and concerning the same and every part and parcel thereof respectively.
"KNOW YE that of our especial Grace, certain knowledge and meer motion, we have given, granted, ratified and con- firmed, and do by these presents for us, our heirs, and succes- sors, give, grant, ratify and confirm unto them, the said Na- than Stone, William Swan, Waldron Blaau, John Abeel, Wil- liam Puntine, Michael Nan, John McGinnis, Richard Mc- Ginnis, Robert McGinnis, Patrick Walsh, James Abeel, Ed- ward McCollom, Marinus Low, Edward Patten, Andries Rieg- ler, George Klein, Thomas Lupton, Duncan Robertson, Sam- uel Stevens, John Pesinger, George Lucam, Francis Groome and James Cobham, their heirs and assigns forever, all that the aforesaid large tract or parcel of land set out, abutted, bounded and described by our said commissioners in manner and form as above mentioned, (except thereout as hereafter is excepted) and including all those, the above mentioned sev- eral smaller tracts or lots of land, severally and respectively set out by our said commissioners, as parts and parcels of the same large tract, for the use of the Incorporated Society for the propagation of the Gospel in foreign parts; for a Glebe, for the use of the minister of the Gospel in communion of the Church of England as by law established; for the first settled minister of the Gospel on the said larger tract; and for the use of a school-master residing on the said larger tract, together with all and singular the tenements, hereditaments, emolu- ments and appurtenances to the same and every part and parcel thereof belonging or appertaining; and, also, all our estate, right, title, interest, possession, claim, and demand
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whatsoever of, in and to the same lands and premises hereby granted, and every part and parcel thereof; and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and of every part and parcel thereof; except, and always reserved out of this our present grant unto us, our heirs and successors, forever, all that the aforesaid certain lot or parcel of land containing 500 acres, with the usual allow- ance for highways, hereinbefore mentioned, to be set apart and remain vested in us, abutted, bounded and described as aforesaid, and distinguished by the name of the First Lot, as aforesaid, together with all and every the appurtenances there- unto belonging, the same lot being included within the bounds and limits of the larger tract of 24,500 acres of land hereinbe- fore described, and within the township by these presents hereinafter constituted; and also, except and always reserved out of this our present grant, unto us, our heirs and successors, forever, all mines of gold and silver; and also, all white or other sorts of pine trees fit for masts, of the growth of twenty- four inches in diameter and upwards, at twelve inches from the earth, for masts for the royal navy of us, our heirs and successors.
"TO HAVE AND TO HOLD all and singular the said lands, tenements, hereditaments, and premises, by these presents granted, ratified and confirmed, and every part and parcel thereof, with their and every of their appurtenances (except as is hereinbefore excepted) unto them, our grantees above named, their heirs and assigns forever; to, for and upon the several and respective use and uses, trusts, intents and pur- poses hereafter expressed, limited, declared and appointed of and concerning the same, and every part and parcel thereof respectively, and to and for no other use or uses, intent or pur- pose whatsoever; that is to say, as for and concerning all that the beforementioned small tract, lot or parcel of land so set out for the incorporated Society for the propagation of the Gospel in foreign parts, as aforesaid, being part and parcel of the said tract of land and premises hereby granted, ratified and con- firmed, and within the township, by these presents hereinafter constituted, and every part and parcel of the same lot of land
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with the appurtenances to the same belonging, (except as is hereinbefore excepted) to and for the only proper and separate use and behoof of the Society for the propagation of the Gospel in foreign parts above mentioned, and their successors forever, and to and for no other use or uses, intent or purpose whatso- ever; and as for and concerning all that the beforementioned small tract, lot or parcel of land so set out as and for a Glebe, for the use of a minister of the Gospel in communion of the Church of England as by law established, being part and parcel of the said tract of land and premises hereby granted, ratified and confirmed, and within the township by these presents hereinafter constituted, and every part and parcel of the same lot of land with the appurtenances to the same belonging, (except as in hereinbefore excepted) in trust as and for a Glebe forever, to and for the only proper and separate use, benefit and behoof of the first minister of the Gospel in com- munion of the Church of England, as by law established, hav- ing the the care of souls and residing on the said tract of land hereby granted, and his successors forever, ministers as afore- said, for the time being, residing as aforesaid, and to and for no other use or uses, intent or purpose whatsoever; and as for and concerning all that the beforementioned small tract, lot or parcel of land so set out for the first settled minister on the said tract of land hereby granted, the same lot or parcel of land being part and parcel of the same tract hereby granted, ratified and confirmed, and within the township, by these presents hereinafter constituted, and every part and parcel of the same lot of land with the appurtenances to the same be- longing, (except as is hereinbefore excepted) in trust, to and for the sole, proper and separate use, benefit and behoof of the first settled minister of the Gospel that shall be settled and officiating on the said tract of land hereby granted, his heirs and assigns forever; and in trust, also, that our said grantees, their heirs or assigns, shall well and truly, by good and sufficient assurances in the law, convey the same last mentioned small tract or lot of land, with the appurtenances, to such minister of the Gospel as shall be first settled and officiating as afore- said, his heirs and assigns forever, in fee simple, as soon as may be after such minister shall be settled and officiating as afore-
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said, and to and for no other use or uses, intent or purpose what- soever; and as for and concerning all that other small tract, lot or parcel of land so set out for the use of a school-master, being also part and parcel of the said tract of land and premises hereby granted, ratified and confirmed, and within the town- ship by these presents hereinafter constituted, and every part and parcel of the same lot of land with the appurtenances to the same belonging, (except as is hereinbefore excepted) in trust, forever, to and for the sole and separate use, benefit and behoof of the first public school-master of the township by these presents hereinafter constituted and erected, officiating and resident in the same township and his successors, school- masters as aforesaid, forever, and to and for no other use or uses, intent or purpose whatsoever; and as for and concerning all the rest, residue and remainder of the said tract of land, tenements, hereditaments and premises hereby granted, rati- fied and confirmed;
"TO HAVE AND TO HOLD, one full and equal three-and- twentieth part (the whole into twenty-three equal parts to be divided) of the said rest, residue and remainder, and every part and parcel thereof, with all and every the appurtenances to the same belonging or in any wise appertaining, (except as is here- inbefore excepted) unto each of them, the said Nathan Stone, William Swan, Waldron Blaau, John Abeel, William Puntine, Michael Nan, John McGinnis, Richard McGinnis, Robert McGinnis, Patrick Walsh, James Abeel, Edward McCollom, Marinus Low, Edward Patten, Andries Riegler, George Klein, Thomas Lupton, Duncan Robertson, Samuel Stevens, John Pesinger, George Lucam, Francis Groome, and James Cobham, their heirs and assigns respectively, to their only proper and separate use and behoof respectively forever, as tenants in common, and not as joint tenants, and to and for no other use or uses, intent or purpose whatsoever, all and singular the said tract of land and premises hereby granted, and every part and parcel thereof, to be holden of us, our heirs, and successors in free and common socage as of our manor of East Greenwich, in our County of Kent, within our Kingdom of Great Britain, yielding, rendering and paying therefor yearly, and every year
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forever, unto us, our heirs, and successors, at our Custom House in our city of New York, in our said province of New York, unto our or their Collector or Receiver-General, then for the time being, on the Feast of the Annunciation of the Blessed Virgin Mary, commonly called Lady Day, the yearly rent of two shillings and six pence sterling for each and every hundred acres of the above granted lands, and so in proportion for any lesser quantity thereof, saving and except for such parts of the said lands allowed for highways, as above mentioned, in lieu and stead of all other rents, services, dues, duties and demands whatsoever, for the hereby granted lands and premises, or any part thereof ; and we do of our especial grace and certain knowl- edge and meer motion create, erect and constitute, the said large tract of land containing 24,500 acres of land hereinbefore mentioned, and every part and parcel thereof a township for- ever, hereafter to be, continue and remain, and by the name of WINDSOR, forever and hereafter to be called and known; and for the better and more easily carrying on and managing the public affairs and business of the said township, our royal will and pleasure is, and we do hereby for us, our heirs and successors, give and grant to the inhabitants of the said town- ship, all the powers, authorities, privileges, and advantages heretofore given and granted to, or legally enjoyed by all, any or either our other townships, within our said province of New York; and we also ordain and establish, that there shall be for- ever, hereafter in the said township, two assessors, one treas- urer, two overseers of the highway, two overseers of the poor, one collector, and four constables, elected and chosen out of the inhabitants of the said township yearly, and every year on the third Tuesday in May, at the most public place in the said township, by the majority of the freeholders thereof then and there met, and assembled for that purpose, hereby declaring that wheresoever the first election in the said township shall be held, the future elections shall forever thereafter be held in the same place as near as may be, and giving and granting to the said officers so chosen, power and authority to exercise their said several and respective offices during one whole year from such election, and until others are legally chosen and elected in their room and stead, as fully and amply as any the
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like officers have or legally may use or exercise their offices in our said province of New York. And in case any or either of the said officers of the said township should die or remove from the said township before the time of their annual service shall be expired, or refuse to act in the offices for which they shall respectively be chosen, then our royal will and pleasure further is, and we do hereby direct, ordain and require the freeholders of the said township to meet at the place where the annual election shall be held for the said township and choose other or others of the said inhabitants of the said township in the place and stead of him or them so dying, removing or refusing to act within forty days next after such contingency. And to prevent any undue election in this case, we do hereby ordain and require that upon every vacancy in the office of assessors, the treasurer, and in either of the other offices, the assessors of the said town- ship shall, within ten days next after any such vacancy first happens, appoint the day for such election, and give public notice thereof in writing, under his or their hands, by affixing such notice on the church door or other most public place in the said township, at the least ten days before the day appointed for such election; and in default thereof, we do hereby require the officer or officers of the said township, or the survivors of them, who, in the order they are hereinbefore mentioned, shall next succeed him or them so making default, within ten days next after such default, to appoint the day for such election and give notice thereof as aforesaid, hereby giving and granting that such person or persons as shall be so chosen by the majority of such of the freeholders of the said township as shall meet in manner hereby directed shall have, hold, exercise, and enjoy the office or offices to which he or they shall be so elected and chosen, from the time of such election until the third Tuesday in May then next follow- ing, and until other or others be legally chosen in his or their place and stead, as fully as the person or persons in whose place he or they shall be chosen, might or could have done by virtue of these presents. And we do hereby will and direct that this method shall forever hereafter be used for the filling up of all vacancies that shall happen in any or either of the said offices, between the annual elections above directed;
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PROVIDED, always, and upon condition nevertheless, that if our said grantees, their heirs or assigns, or some or one of them, shall not, within three years next after the date of this; our present grant, settle on the said tract of land hereby granted, so many families as shall amount to one family for every thousand acres of the same tract; or if they, our said grantees, or one of them, their or one of their heirs or assigns, shall not also, within three years, to be computed as aforesaid, plant and effectually cultivate at the least three acres for every fifty acres of such of the hereby granted lands as are capable of cultivation; or, if they, our said grantees, or any of them their or any of their heirs or assigns, or any other person or persons by their or any of their privity, consent or procurement, shall fell, cut down, or otherwise destroy any of the pine trees by these presents reserved to us, our heirs and successors, or hereby intended so to be without the Royal License of us, our heirs or successors, for so doing first had and obtained, that then and in any of these cases this our present grant and everything therein contained shall cease and be absolutely void, and the lands and premises hereby granted shall revert to and rest in us, our heirs and successors, as if this our present grant had not been made, anything hereinbefore contained to the contrary in any wise notwithstanding. PROVIDED, further, and upon condition also, nevertheless, and we do hereby for us, our heirs and successors, direct and appoint that this our present grant shall be registered and entered on record within six months from the date thereof, in our said Secretary's office, in our city of New York, in our said province of New York, in one of the books of patents there remaining, and that a Docquet thereof shall be also entered in our Auditor's office there, for our said province of New York, and that in default thereof, this our present grant shall be void and of none effect, anything before in these presents contained to the contrary thereof in any wise notwithstanding. And we do, moreover, of our especial grace, certain knowledge, and meer motion, consent and agree, that this our present grant being registered, recorded and a Docquet thereof made as before directed and appointed, shall be good and effectual in the law to all intents, constructions and pur- poses whatsoever, against us, our heirs and successors, notwith-
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standing any miswriting, misbounding, misnaming, or other imperfection or omission of, in or in any wise concerning the above granted or hereby mentioned or intended to be granted lands, tenements, hereditaments, and premises, or any part thereof.
IN TESTIMONY WHEREOF, we have caused these our letters to be made patent, and the great seal of our said prov- ince of New York, to be hereunto affixed. WITNESS, our said trusty and well beloved WILLIAM TRYON, ESQUIRE, our said Captain-General and Governor-in-Chief in and over our said province of New York, and the territories depending thereon in America, Chancellor and Vice-Admiral of the same, at our fort, in our city of New York, the twenty-eighth day of March, in the year of our Lord one thousand seven hundred and seventy-two, and of our reign the twelfth.
First skin, line 28, the words "eighty chains; then north, six degrees east, four hundred and," and line forty-six the word "so," interlined; and second skin, line five, the word "before" wrote on Razure, and line nine, the words "for the time being residing as aforesaid," interlined.
SEAL OF THE PROVINCE OF NEW YORK
(Signed) CLARKE.
WM. TRYON."
The original of the New York charter of Windsor bears the following endorsements on the back:
"28th March, 1772.
Letters Patent to Nathan Stone and twenty-two other per- sons for twenty-four thousand acres of land in the County of Cumberland and erecting the same together with five hundred acres reserved to the Crown, into a township by the name of Windsor."
"New York Secretary's Office, 1st April, 1772.
The within Letters Patent are recorded in this office in Lib. Patents, No. 16, page 166, &c.
Gw. Banyar, D. Sec'ry."
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"New York Auditor-General's Office, 2nd April, 1772. "The within Letters Patent are Docqueted in this office.
Gw. Banyar, Dep'y, Aud'r."
"Town Clerk's Office, March 3d A.D. 1788.
"Rec'd this Charter to record and recorded the same in Windsor Records for Deeds, Lib. No. 4, page 1, 2, 3 and 6. Attest, B. Brown, T. Clerk."
With the title to Windsor thus vested in Colonel Nathan Stone and his twenty-two associates,1 a deed bearing date the 31st day of March, 1772,2 was executed by the twenty-two in favor of Colonel Stone. This deed was probably delivered to him simultaneously with his delivery of his own deeds in favor of Henry Cruger and Goldsbrow Banyar, dated, respectively, April 8 and 18.
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