USA > Vermont > Windham County > Londonderry > The history with genealogical sketches of Londonderry > Part 21
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and his Associates apprehended they had a good Right and Title to twenty
six thousand acres of land lying on the East side of the Water running from South Bay to Ticonderoga, under one of the pretended Grants above mentioned: That the said Lands had since our Royal Order in our Privy Council of the twentieth day of July in the Year of our Lord one thousand seven hundred and sixty four, been granted to reduced Officers, whereby the Petitioner and his Associates must inevitably lose their Rights, unless
a Grant should be made to them of other lands in our said Province of New York. That there is a certain Tract of Land lying in our said Province of New York bounded on the West side of a certain Tract of Land commonly called and known by the name of Tomlinson, Beginning at the South- westerly Corner of Chester and running west twenty seven degrees North Seven Miles and thirty eight Chains, then South ten degrees West seven Miles and seventy six Chains; then East ten degrees South six Miles and eight Chains; then North twenty degrees east six miles to the place of beginning containing twenty six thousand Acres. And therefore the Peti- tioner did humbly pray our Letters Patent under the Great Seal of our said Province of New York, granting unto him and his Associates their Heirs and Assigns, the Tract of Land bounded and described as aforesaid, and that the same might be erected into a Township by the name of Kent, and vested with such Powers and Privileges as other Towns in our said Province of New York have and do enjoy. Which Petition having been then and there read and referred to a Committee of our Council for our said Province of New York, our same Council did afterwards on the same day in pur- suance of the Report of the said Committee, humbly advise our said late Captain General and Governor in Chief of our said Province of New York to grant the Prayer thereof, under the quit Rent Provisoes Limitations and Restrictions prescribed by our Royal Instructions; the quantity of three hundred and fifty Acres of the said Tract of Land to be granted to the use of the Incorporated Society for the Propagation of the Gospel in foreign parts;
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the like quantity thereof to be granted as a Glebe for the use of the Minister of the Gospel in Communion of the Church of England as by law established for the Time being residing on the said Tract; the like quantity thereof to be granted for the Minister of the Gospel who shall first settle on the said Tract; and the quantity of one hundred acres thereof for the use of a Schoolmaster residing on the said Tract; And whereas the said James Rogers by his humble petition in behalf of himself and his Associates pre- sented on the sixteenth day of January now last past, unto our trusty and well beloved Cadwallader Colden Esquire our Lieutenant Governor and Commander in Chief of our said Province of New York and the territories depending thereon in America, Hath set forth, among other things, that having procured an actual Survey of the said Tract of Land at considerable Expence, the same was found to contain twenty four thousand one hundred and fifty Acres; That the said Tract of Land tho within the Lands for- merly claimed by the Government of New Hampshire had not been granted by that Government and remains still vacant and vested in Us; And therefore the Petitioner on behalf of himself and his Associates, did humbly pray that the letters patent ordered on the said first recited Petition, might issue for the Lands so surveyed as aforesaid, in the name of the Petitioner, and in the names of his Associates mentioned in the Schedule or List at the foot of the said last recited Petition; In Pursuance whereof, and in Obedi- ence 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 James Rogers and for his Associates named in the Schedule aforesaid, to wit, Daniel Goldsmith, Daniel Goldsmith, junior, Henry Shute, Garret Vandenbergh, Joseph Cox, David Philips, Cornelius Ryan, Cornelius Van den Bergh, Andries Riglear, Adam Vandenbergh, Caleb Hyatt, George Hopson, William Shooler, Benjamin Betts, James Smith, John Woods, Edward Laight, Thomas Ivers, Adolph De Grove, Joshua T. De St. Croix, Alexander Wilson, and James McCartney, All that certain Tract or Parcel of Land situate lying and being in the County of Cumberland within our Province of New York, beginning at the Northwest corner of a Tract of Land lately granted to John Hall late Lieutenant in our eightieth Regiment of Foot and runs thence South eighty degrees East five hundred and seventy two Chains; then North seven degrees East three hundred and sixty Chains; then North sixty three degrees West five hundred and seventy nine Chains; then South ten degrees West five hundred and twenty nine Chains to the Place where this tract first began containing twenty four thousand one hundred and fifty Acres of Land and the usual allowance for Highways; And also our said Commissioners have set out the several Lots hereinafter described, Parts and parcels of the said Larger tract for the several and respective Uses and Purposes herein before mentioned, that is to say, For the use of the incorporated Society for the Propagation of the Gospel in foreign Parts, all that certain Lot or parcel of Land part of the larger Tract hereinbefore described, Beginning at the Distance of two hundred and seventy five Chains, measured on a Course North Seventy Degrees East from the said Northwest Corner of the said Tract lately granted to John Hall; and this lot runs from the said Place of Beginning South eighty degrees East sixty Chains and three Rods, then North ten Degrees East sixty Chains and three Rods, then North ten degrees West sixty Chains and three Rods; then South ten degrees West sixty Chains and three Rods, to the Place where this Lot first began, con-
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taining three hundred and fifty Acres of Land and the usual Allowance for Highways. For a Glebe for the use of the Minister of the Gospel in Com- munion of the Church of England as by Law established, for the Time being residing on the said larger Tract, All that certain Lott or Parcel of Land part of the said larger Tract hereinbefore described Beginning at the North East Corner of the Lot set out for and to granted to the Society for propagating the Gospel in Foreign Parts, and runs from the said Place of Beginning North eighty Degrees West sixty Chains and three Rods, then North ten degrees East sixty Chains and three Rods; then South eighty degrees East sixty Chains and three Rods, and then South ten degrees West sixty Chains and three Rods to the Place where this Tract or Lot first began, containing three hundred and fifty Acres of Land and the usual Allowance for Highways. For the first settled Minister on the larger Tract aforesaid, All that certain Lot or Parcel of Land part of the larger Tract described as aforesaid, Beginning at the North East Corner of the lot set out for the said Society, and runs thence South ten degrees West sixty Chains and three rods; then South eighty degrees East sixty Chains and three rods; then North ten degrees East sixty Chains and three Rods; and then North eighty degrees West sixty Chains and three Rods, to the Place where this Tract or Lot first began containing three hundred and fifty Acres of Land and the usual Allowance for Highways; And for the use of a Schoolmaster residing on the said larger Tract, All that certain Lot or Parcel of land part of the aforesaid larger Tract, Beginning at the Southeast Corner of the Lot set out for the Glebe; and runs thence North ten degrees East sixty Chains and three Rods; then South eighty degrees East seven- teen Chains and one Rod; then South ten degrees West sixty Chains and three Rods, and then North eighty degrees West seventeen Chains and one Rod, to the Place where this Lot first began containing one hundred Acres of Land and the usual Allowance for highways. And in setting out the said larger Tract of Land, and the several Lots and Parcels of Land last des- cribed, our said Commissioners have had regard to the profitable and un- profitable 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 seventh day of this instant Month of February, and en- tered on Record in our Secretary's Office for our said Province of New York may more fully appear: Which said Tract of Twenty four thousand one hundred and fifty Acres of Land and the usual Allowance for Highways so set out as aforesaid according to our said Royal Instructions, We being willing to grant to the said Petitioner and his Associates abovenamed, their heirs and Assigns for ever, with the several 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 Reserva- tions, Exceptions, Provisoes and Conditions, hereinafter expressed, limited, declared and appointed of and concerning the same and of and concerning every Part and Parcel thereof; KNOW YE that of our especial Grace cer- tain Knowledge and meer motion, We have given, granted, ratified and confirmed, and do by these Presents for Us our heirs and Successors give grant ratify and confirm unto them the said James Rogers, Daniel Gold- smith, Daniel Goldsmith junior, Henry Shute, Garret Vandenbergh, Joseph Cox, David Phillips, Cornelius Ryan, Cornelius Van den Bergh, Andries Riglear, Adam Van den Bergh, Caleb Hyatt, George Hopson,
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William Shooler, Benjamin Betts, James Smith, John Woods, Edward Laight, Thomas Ivers, Adolph De Grove, Joshua T. De St. Croix, Alex- ander Wilson and James McCartney their heirs and Assigns, All that the aforesaid large Tract or Parcel of Land set out abutted bounded and des- cribed by our said Commissioners in manner and form as abovementioned, including all the aforementioned several smaller Tracts or Lots of Land set out and described by our said Commissioners as parts and Parcels thereof, Containing in the whole twenty four thousand one hundred and fifty Acres of Land besides the usual Allowance for Highways; Together with all and Singular the Tenements Hereditaments Emoluments 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 whatsoever of in and to the same Lands and Premises and every Part and Parcel thereof. And the Reversion and Reversions Remainder and Re- mainders 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 for ever 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 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 the said Tract of twenty four thousand one hundred and fifty Acres of Land, 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 abovementioned their heirs and Assigns for ever, to for and upon the several and respective Use and Uses, Trusts, Intents and Purposes hereinafter expressed limited declared and appointed of and concerning the same and of and concerning the said respective lots herein mentioned and expressed to be set out by our said Commissioners as parts and Parcels thereof, and to and for no other Use or Uses Intent or Purpose 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 Large Tract of twenty four thousand one hundred and fifty Acres of Land and Premises hereby granted ratified and confirmed and every part and Parcel of the same Lot of Land with the Appurtenances to the same belonging (Except as is here- inbefore 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 for ever, 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 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 large tract of twenty four thousand one hundred and fifty Acres of Land and Premises hereby granted ratified and confirmed, 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 as and for a Glebe for ever to and for the only proper and separate use Benefit and Behoof of the first Minister of the Gospel in Communion of the Church of England as by Law established, having the Cure of Souls and residing in the said large Tract of
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Land hereby granted, and his Successors for ever, for the Time being resid- ing 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 in the said large Tract of Land hereby granted, the same being part and parcel of the said large Tract of twenty four thousand one hundred and fifty Acres of Land and Premises hereby granted ratified and confirmed, and every Part and Parcel of the same Lot of Land, with the Appurtenances to the same belonging (Except as is herein before excepted), In Trust to and for the sole proper and separate Use Benefit and Behoof of the first Minister of the Gospel that shall be setled and officiating on the said large Tract of Land hereby granted, his heirs and Assigns for ever, and in Trust also That our said Grantees their heirs or Assigns, shall and do 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 setled and officiating as aforesaid, his heirs and Assigns for ever, in fee simple, as soon as may be after such Minister shall be setled and officiating as aforesaid, and to and for no other use or Uses, Intent or Purpose whatsoever. And as for and concerning All that other small Tract Lot or Parcel of Land so set out for the use of a Schoolmaster, being also part and Parcel of the said large Tract of twenty four thousand one hundred and fifty Acres of Land and Premises, hereby granted ratified and confirmed, and every Part and Parcel of the same Lot of Land with the Appurtenances to the same belonging (Except as is herein before excepted) In Trust for ever to and for the sole and separate use Benefit and Behoof of the first publick Schoolmaster of the Township by these Presents con- stituted and erected, officiating and Resident in the same Township and his Successors Schoolmasters as aforesaid for ever, 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 twenty four thousand one hundred and fifty Acres of Land Tene- ments Hereditaments and Premises by these presents granted ratified and confirmed, TO HAVE AND TO HOLD one full and equal twenty third Part (the whole into twenty three equal parts to be divided) of the aid 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 herein before excepted) unto each of them the said James Rogers, Daniel Goldsmith, Daniel Goldsmith junior, Henry Shute, Garret Van den Bergh, Joseph Cox, David Philips, Cornelius Ryan, Cornelius Van den Bergh, Andries Riglear, Adam Van den Bergh, Caleb Hyatt, George Hopson, William Shooler, Benjamin Betts, James Smith, John Woods, Edward Laight, Thomas Ivers, Adolph DeGrove, Joshua T. De St. Croix, Alexander Wilson and James McCartney their heirs and Assigns respec- tively; To their only proper and separate Use and Behoof respectively for ever 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 twenty four thousand one hundred and fifty Acres 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 therefore yearly and every year for ever unto us our heirs and successors, at our Custom House in our City of
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New York, unto our or their Collector or Receiver General there 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 Part of the said Lands allowed for Highways as above mentioned, in Lieu and Stead of all other Rents Services Dues Duties and Demands what- soever, for the hereby granted lands and Premises or any part thereof. And we do of our especial Grace, certain knowledge and meer motion, create erect and constitute the said large Tract of Land containing twenty four thousand one hundred and fifty Acres as aforesaid, hereby granted and every Part and Parcel thereof, a Township for ever hereafter to be, con- tinue and remain, and by the name of Kent for ever hereafter to be called and known. And for the better and more easily carrying on and managing the Publick 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 Township All the Powers Authorities Privileges and Advantages heretofore given and granted to or legally en- joyed by all any or either our other Townships within our said Province of New York; And we do also ordain and establish that there shall be for ever hereafter in the said Township Two Assessors, one Treasurer, two overseers of the Highways, 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 first Tuesday in March, at the most Publick Place in the said Township, by the Majority of the Freeholders thereof then and there met and assembled for that Purpose, hereby declar- ing that wheresoever the first Election in the said Township shall be held, the future elections shall for ever 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 the 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 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 be respectively chosen, Then our Royal Will and Pleasure further is, And we do hereby direct ordain and require the Free- holders of the said Township to meet at the Place where the Annual elec- tion shall be held for the said Township, and chuse 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 Asses- sors, the Treasurer and in either of the other Offices, the Assessors of the said Township, shall within ten days next after any such vacancy first happens, appoint the Day for such Election, and give publick Notice thereof in writing under his or their hands, by affixing such Notice on the Church Door or other Most Publick 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 Survivor of them, who in the order they are hereinbefore mentioned,
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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 Per- sons as shall be 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 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 first Tuesday in March then next following, 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 for ever hereafter be used for the filling up all vacancies that shall happen in any or either of the said Offices between the annual Elections above directed; 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 Licence 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 every thing therein contained shall cease and be absolutely void, and the Lands and Premises hereby granted shall revert to and vest in us our heirs and Suc- cessors, as if this our present Grant had not been made, anything herein- before 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 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, any thing 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 and recorded and a Docquet thereof made as before directed and appointed, shall be good and effectual in the Law to all Intents Constructions and Purposes whatsoever against us our heirs and Successors, notwithstanding any misreciting, misbounding misnaming or other Imperfection or Omis- sion 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.
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In Testimony whereof We have caused these our Letters to be made Patent and the Great Seal of our said Province of New York to be hereunto affixed.
Witness our said trusty and well beloved Cadwallader Colden Esquire our Lieutenant Governor and Commander in Chief of our said Province of New York and the Territories depending thereon in America, At our Fort in our City of New York the thirteenth day of February in the Year of our Lord one thousand seven hundred and seventy and of our Reign the Tenth.
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