:'■■■''•■••:':' HaaSHnnKHmc agsgsn ■ ;'-■■.■■■■'.■■•■ ;■■■..:.. L I B RAHY OF THE U N 1VLRSITY OF ILLI NOIS 974.71 $e95c HI M!$T. SURVfc* Digitized by the Internet Archive in 2012 with funding from University of Illinois Urbana-Champaign http://archive.org/details/colonialchartersOOseym < z < X u z < DC h C/3 C/3 2 1684-5 364 D. Royal Charter for Morrisania. May 6, 1697 365 No. XXI. Town of Pelham. A. Nicolls Patent for Pelham Manor. Octo- ber 6, 1666 372 B. Dongan Patent for Pelham Manor. Octo- ber 25, 1687 374 No. XXII. Town of Westchester. A. Ground Brief for Throckmorton's Neck from Willem Kieft. July 6, 1643 3 80 B. Grove Farm Patent from Governor Don- gan. January 12, 1686 381 C. Ground Brief for Cornell's Neck from Willem Kieft. July 26, 1646 384 D. Nicolls Patent for Cornell's Neck. April 15. l66 7 • 3 8 6 E. Nicolls Patent for Westchester. Febru- ary 15, 1667 387 F. Dongan Patent for Westchester. January 6, 1686 389 G. Royal Charter for Westchester. April 16, 1696 400 No. XXIII. Town of West Farms. A. Indian Deed to Jessop and Richardson. March 12, 1 663 420 B. Indian Deed to Jessop and Richardson. March 12, 1664 421 C. Nicolls Patent for West Farms. April 25, 1666 423 Contents xxi Page No. XXIV. Manor of Fordham. A. Deed from Elias Doughty to John Archer. March i, 1666 425 B. Indian Deed to John Archer. September 28, 1669 426 C. The Royal Patent for Fordham. Novem- ber 13, 1671 428 No. XXV. Towns of Kingsbridge & Yonkers. A. Nicolls Patent for Nepperhaem. Octo- ber 8, 1666 432 B. Dongan Patent for Nepperhaem. Febru- ary 19, 1684/5 434 C. Royal Charter for the Manor of Philipse- borough. June 12, 1693 437 No. XXVI. Town of Brooklyn. A. Ordinance establishing a Court of Justice in "Breuckelen." Passed June 12, 1646. 455 B. Nicolls Charter for Brooklyn. October 18, 1667. (Huntington Library Copy) . 456 B'. "Breueklen Pattent." — Nicolls. October 18, 1667. (Albany Copy) 459 C. Dongan Charter for Brooklyn. May 13, 1686 461 No. XXVII. Town of Bushwick. A. Nicolls Patent for Bushwick. October 25, J 667 465 B. Dongan Patent for Bushwick. February, ^87 466 C. Royal Patent for Bushwick. August 12, 1708 473 No. XXVIII. Town of Flatbush. A. Nicolls Patent for Flatbush. October 11, J 666 479 B. Dongan Patent for Flatbush. November I2 > l6 §5 482 xxii Contents Page No. XXIX. Town of Flatlands. A. Nicolls Patent for Flatlands. October 4, 1667 486 B. Lovelace Charter for Flatlands. Febru- ary 5, 1668 489 C. Dongan Charter for Flatlands. March 11, 1685 491 No. XXX. Town of Gravesend. A. Kieft Patent for Gravesend. December I9» 1645 494 B. Nicolls Patent for Gravesend. August 13, 1668 498 C. Lovelace Patent for Gravesend. July 1, 1670. (Original Engrossed Copy) .... 500 C Lovelace Gravesend Patent. July 1, 1670. (Albany Copy) 503 D. Dongan Patent for Gravesend. Septem- ber 10, 1686 505 No. XXXI. Town of New Utrecht. A. Nicolls Patent for New Utrecht. August 15, 1668 509 B. Dongan Patent for New Utrecht. May 13, 1686 512 No. XXXII. Town of New Lots. Andros Patent for Arian Lamberts. March 1, 1677 515 No. XXXIII. Town of Flushing. A. Kieft Patent for Flushing. October 10, 1645 5*7 B. Nicolls Patent for Flushing. February 15, 1666 520 C. Dongan Patent for Flushing. March 23, 1685 523 No. XXXIV. Town of Hempstead. A. Kieft Patent for Hempstead. November 16, 1644 530 Contents xxiii Page B. Nicolls Patent for Hempstead. March 6, 1666 534 C. Nicolls Patent for Hempstead. March 6, 1667 537 D. Dongan Patent for Hempstead. April 17, J 685 539 No. XXXV. Town of Jamaica. A. Nicolls Patent for Jamaica. February 15, ^66 543 B. Dongan Patent for Jamaica. May 17, 1686 545 No. XXXVI. Town of Newtown. A. Kieft Patent for Newtown. March 28, 1642 552 B. Indian Deed for Newtown. April 12, l6 56 554 C. Nicolls Patent for Newtown. May 6, 1666 556 D. Dongan Patent for Newtown. November 25, 1686 559 No. XXXVII. Staten Island. A. Indian Deed for Staten Island. August 10, 1630 568 B. Indian Deed of Sale of Staten Island to Baron Van der Capellen. July 10, 1657. 569 C. Sale and Surrender of Staten Island by Cornelis Melyn, as Patroon, to the Direc- tors of Amsterdam. June 14, 1659 570 D. Surrender by Baron Van der Capellen to the Company of his interest in Staten Island. November 20, 1660 573 E. Ordinance erecting a Court of Justice on Staten Island. Passed, January 28, 1664 575 F. Indian Deed of Staten Island. April 13, l6 7° 577 xxiv Contents LIST OF SOURCES OF MATERIAL Page Bibliography 585 Records Guides 586 Printed Documentary Collections 587 Secondary Sources 593 HISTORY OF COLONIAL CHARTERS PATENTS AND GRANTS HISTORY OF COLONIAL CHARTERS PATENTS AND GRANTS NEW AMSTERDAM AMONG the earliest followers of Columbus who explored the New World were John and Sebastian ^ Cabot. Under a commission from Henry VII of England they sailed for the Western Hemisphere in 1498 1498 and, cruising along the extensive coasts of North America, they claimed for this sovereign the entire territory which they occasionally saw at a distance. Giavanni da Verrazzano, a Florentine in the service of Francis I of France, succeeded the Cabots in these seas. He sailed up the American Coast in 1524, and from his J 524 letter written at Dieppe on July 8, 1524 to the French King describing his voyage, it is inferred that he entered the Lower Bay only of New York. 1 No attempt was made, however, by the French Government at this time to occupy 1 Texts or translations of the older corrupt texts of Verrazzano's letter to Francis I., of France, dated July 8, 1524, announcing his discoveries in North America, have been often printed, first, in Ramusio's Navigationi, vol. Ill (1556), in Hakluyt's Divers Voyages (1582), in Collections of N. Y. Hist. Soc., 2d ser., vol. I (184.1), p. 37, and reprinted in Asher's Henry Hudson (i860), and elsewhere. These left much to be desired. But the discovery of a codex in the possession of Count Giulio Macchi di Cellere of Rome and its first publication in 1909 by Alessandro Bacchiani in Bolletlino delta Societa Geografica Italiana, fasc. XI, pp. 1274-1323, established beyond peradventure the genuineness of the letter and the certainty of the discovery. This original codex, since purchased by J. Pierpont Morgan, is in the Morgan Library. It is reproduced in facsimile in Stokes' Iconography of Manhattan Island, vol. II, pp. 169-171. The text with an English translation is given by Edward Hagaman Hall in Fifteenth Annual Report (1910), of the Amer. Scenic and Hist. Preservation Society. Colonial Charters the territory, nor to claim sovereignty over it, and what- ever rights may have been initiated by discovery, lapsed by nonuser. 1424 'pkg inhabitants of the low countries, whom the physical condition of the territory which they occupied had from earliest ages designed to be a maritime nation, and whom nature, education and the circumstance in which they were placed, had directed to commercial pursuits, gave evidence long before the voyage of Columbus, of a bold spirit of discovery. Sixty-eight years previous to the sailing of that expedition from Palos, Betencour, a native of the French Netherlands, had discovered the Flemish Islands, since called the Azores, and thus pointed the way to the western world. When the triumph of Columbus placed it in the power of European monarchs to bestow unlimited territory on such of their favorites as would take the trouble of seeking it, Charles the Fifth of Spain granted, it is said, an island in America to the Sieur Beveren, who dispatched two armed vessels in search of new estate. His were the first Dutch ships that had ever ventured on these seas. 2 1566 About 1566, seven provinces of the Spanish Netherlands, borne down by the weight of oppression and tyranny to which they had been long subjected, determined to achieve their independence, and became known as the States of J 594 Holland. During the period from 1594 to 1602, several expeditions were formed for the purpose of discovery by *594 merchants of the Netherlands. In 1594 some Amsterdam merchants formed a private trading association called the "Compagnie van Verre" or The Company of Foreign Parts for the purpose of carrying on trade to the East Indies, by way of the Cape of Hope. The association caused four ships to be built for the purpose of this trade and in 1595 dispatched them on their voyage under the command of Cornells Houtman, a native of Flanders. 2 0'Callaghan, Edmund Bailey, Hist, of N. Neth., (1855), 1:26. New Amsterdam 5 1602 1609 After an absence of two years and four months this expedi- tion returned, completely successful in all its objectives. 3 On March 20, 1602, a charter was granted by the States General of the United Netherlands to a group of indi- viduals organized under the name of the East India Com- pany, for the period of twenty-one years, with exclusive powers for conquest, exploration, colonization and govern- ment in the Eastern Seas upon the Cape of Good Hope on one side and the Straits of Magellan on the other. 4 On the eighth day of January, 1609, this company commissioned Henry Hudson, an Englishman, (who on two previous expeditions sponsored by a London Company organized for that purpose, had been unsuccessful in finding a shorter passage by way of the Northern Seas to China) to take command of "de Halve Maen" 5 (Half-Moon) for the purpose of exploration. He sailed from Amsterdam on the fourth day of April, 1609 and after cruising down the coast from Maine, he entered New York Bay on the third of September and from thence sailed up the Hudson to a point near Albany. He returned from his voyage of exploration on November 7, 1609 to Dartmouth, Devon- shire. 6 After this discovery by Hudson, no immediate attempt was made by the States General to appropriate the territory. During Hudson's voyage he had discovered and explored that part of North America which the govern- ment of the United Provinces officially named New Nether- land on October 11, 1614, 7 on which day it granted a 1614 charter to a group of inhabitants of North Holland who later united themselves as the United New Netherland Company, giving to said company the exclusive right to 3 Murphy, H. C, Henry Hudson in Holland, Nijhoff Ed., (1909), p. 12. 4 Brodhead, J. R., Hist. State N. Y., (1859), I:2 3; Murphy, Hen. Hudson in Holland, Nijhoff Ed., (1909), p. 15. 5 See A Word for the Halve Maen in Murphy's Hen. Hudson in Holland, Nijhoff Ed. (1909), p. 57. 6 Emanuel Van Meteren's account of Hudson's voyage set forth in Murphy's Hen. Hudson in Holland, Nijhoff Ed., (1909), p. 61. 7 0'Callaghan, Hist. N. Neth., (1855) 1:74. Colonial Charters visit and navigate to the lands "situated in America between New France and Virginia whereof the sea-coasts lie between the 40th and 45th degree of latitude" for four voyages within the period of three years beginning January 1, 1615. 8 This company availed itself of the powers granted by the charter, and various expeditions were made to New Netherland until June, 1621, although the charter, by its own limitations, had expired on January 1, 1618. 9 J 6 21 On June 3, 1621, the States General granted a charter to the Dutch West India Company providing "that for the term of four and twenty years, none of the natives or inhabitants of these countries shall be permitted to sail to or from the said lands or to traffic ... in the countries of America, or the West Indies . . . but in the name of the United Company of these United Netherlands." The charter further provided that "the aforesaid com- pany may in our name and authority, within the limits here- inbefore prescribed, make contracts, engagements, and alliances with the princes and natives of the countries com- prehended therein and also build any forts and fortifica- tions there, to appoint and discharge governors, people for war, and officers of justice, and other public officers, for the preservation of the places, keeping good order, police, and justice, and in like manner for the promotion of trading, and again, others in their place to put, as they, from the situation of their affairs, shall see fit: Moreover, they must advance the peopling of the fruitful and unsettled parts, and do all that the service of those countries, and the profit and increase of trade shall require : And the company shall 8 Act Book of States General, Royal Archives Hague, cited in N. Y. Col. Docs., I:n; Brodhead, Hist. State N. Y., (1859) I:6o et seq. The original charter, on a single sheet of paper, is preserved in the National Archives at the Hague. It is reproduced in Stokes', Iconography, IV:P1 2. The map, beautifully drawn in colors on vellum, is also preserved at the Hague. A translated copy of the charter to the United New Netherland Co., will be found in Grants No. I. See also Stokes', Iconography, 11:67. 9 0'Callaghan, Hist. N. Neth., (1855) I:8i; Stokes', Iconography, I7. New Amsterdam successively communicate and transmit to Us such contracts and alliances as they shall have made with the aforesaid princes and nations; and likewise the situations of the fortresses, fortifications, and settlement by them taken." "Saving, that they have chosen a governor-in-chief, and prepared instructions for him, that shall be approved, as a commission given by Us : And that further such governor- in-chief, as well as other deputy governors, commanders, and officers, shall be held to take an oath of allegiance to Us and also to the Company." This charter was modelled after that granted in the beginning of the seventeenth century to the celebrated East India Company with which body it was designed to co-operate in extending national commerce, in promoting colonization, in crushing piracy, but, above all, in humbling the pride and might of Spain. It thus conferred upon the West India Company powers of local sovereignty over the territory of New Netherland, subordinate only to the authority of the States General. The powers were abso- lute, with the exception that governors-in-chief, and the instructions proposed to be given to them, were to be first approved by the States General, who were to issue the com- missions; and oaths of allegiance were to be taken to their High Mightinesses as well as to the company. The company was divided into five separate Chambers of Managers: and an executive board of Nineteen Dele- gates was created. All the inhabitants of the United Netherlands, as also of other countries, might become stock- holders during the year 1621, after which, no new members were to be admitted. On June 20, 1623, this Dutch West j6 23 India Company went into full operation under its charter and the exclusive superintendence of New Netherland was immediately transferred to the Amsterdam Chamber by the College of Nineteen. 10 It was deemed necessary on 10 Octroy, By de Hooghe Mogende Heeren Staten Generael, verleent aende West-lndische Companie, in date den derden Junii 1621. In s'Graven- 8 Colonial Charters June 10, 1622, and again on Feb 11, 1623 to amplify the charter respecting the methods of subscription to the com- pany, and concerning the salt trade. 11 1624 In May 1624, the West India Company took possession of New Netherland by virtue of its charter and sent there a number of Dutch colonists under the direction of Cornelis Jacobsen Mey and Adriaen Jorissen Tienpoint; 12 and later English Colonists were permitted to settle under the juris- diction of the Dutch administration on equal terms with the others. The first Director-General of New Netherland was Cor- nelis Jacobsen Mey and the second Willem Verhulst. 13 1625 In the year 1625, Peter Minuit was appointed third Director-General of New Netherland. He was to super- 1626 sede Verhulst. He arrived in this country on May 4, 1626, and took control of the province. A Council of five to assist the Director was appointed and in the Director and Council, all legislative, executive and judicial powers vested, with appellate jurisdiction to the Chamber at Amsterdam. In the summer of 1626, the Island of Manhattans, esti- mated then to contain twenty-two thousand acres of land, was purchased from the Indians, who received for that splendid tract the trifling sum of sixty guilders, or twenty- four dollars. 14 Fort Amsterdam, built on the south end of Manhattan Island, became the headquarters of the govern- ment, and the Capital of New Netherland. Haghe, By Hillebrant Iacobssz. . . . Anno 1621. Small 4to. This is the original edition. The most reliable English translation, by A. J. F. van Laer, which was printed in Van Rensselaer Boivier Manuscripts (Albany, 1908), pp. 86, ff., running parallel with a reprint of the Dutch text, is reproduced herein in Grants No. II together with footnotes prepared by Mr. van Laer. L1 The two amplifications together with an agreement dated June 31, 1623, are also set forth in Grants No. II. 12 TV. Y. Col. Docs., 1:149. Paltsits, V. H., The Founding of New Amster- dam in 1626, printed in Proc. of Araer, Antiquarian Soc. (April, 1924). 13 Also "vander Hulst." 14 Stokes', Iconography, I:io. New Amsterdam In pursuance of the terms of the charter, the States 1629 General approved the action of the Incorporated West India Company in adopting on June 7, 1629 certain rules and regulations, styled "Freedoms and Exemptions for the patroons, masters or private persons who will plant any colonies in, and send cattle to New Netherland, drawn up for the benefit of the General West India Company in New Netherland, and for the profit of the patroons, masters and private persons," which authorized grants of land in New Netherland. 13 In 1632, Peter Minuit was recalled, and on July 1, 1632, 1632 Wouter van Twiller, of Nieukerke, one of the clerks in the employ of the West India Company, and a near relative of the Patroon van Rensselaer was appointed Director- General over New Netherland. His commission was entitled from "the lords States General of the United Netherlands, and the privileged West India Company." He arrived in New Amsterdam in March 1633. In September, 1637, Wouter van Twiller was superseded 1637 by Willem Kieft, the sixth Commander or Director- l ^3% General, who arrived in New Amsterdam on the 28th of March, 1638. 16 In August of that year he purchased 17 from the natives "a certain piece of land lying on Long Island south of Manhates Island, reaching in length from the plantation of George Rapaljee 18 a good league and a half to the Mespaechtes 19 and in width from the East river 15 A copy of this charter in the original Dutch with the English translation and footnotes by A. J. F. van Laer is reproduced in Grants No. III. 16 It is interesting to note that before Van Twiller was superseded he took care to enlarge his own private estate by the purchase from the Indians of the Island of Pagganck, lying south of New Amsterdam, now known as Governor's Island, which contained 160 acres of land; also of two islands in the River Hellgat; the greater containing about 200 acres, called Tenkanas; the smaller some 120 acres in extent, lay west of the latter and was named Minnahanock. 1T August 1st, 1638, N. Y. Col. Docs., XIV:i 4 . 18 Wallabout Bay — Frederick Van Wyck, Keskachauge, p. 190. 19 The mouth of Newtown Creek — Ibid. 10 Colonial Charters about one league to the copses of the same Mespaechtes." 20 1639 In the beginning of the year 1639, Kieft purchased 21 from the Indians that portion of the Island of Nassau "situate upon Long Island, called in the Indian tongue Suanhackey, reaching in length along the southside of said island from Reckauwhacky to Sicketeuwhacky, 22 and from said Sicketeu- whacky in width to Martin Gerretsen's bay 23 and thence in length westwardly along the East river to the kill of the Flats," 24 by which purchase and that of the preceding year he embraced within the Company's jurisdiction nearly the whole of the present County of Queens. 1639 O n August 3, 1639, Kieft purchased from the Indian sachems a tract of land, "called Keskeskeck, stretching lengthwise along the Kill which runs behind the Island of Manhattan, mostly east and west, and beginning at the head of said Kill and running to opposite of the high hill by the flat, namely by the Great Kill, with all right, titles, etc., etc." The "Kill behind the Island of Manhattan" is the Harlem River; the "Great Kill" is the Hudson; and "the high hill by the flat" is, probably, the hill at the north end of the island; 25 the "flat" refers to the plains of Harlem. The boundaries of this tract, especially to the northward, are rather indefinite; but the tract later became the lower portion of Westchester County, and later still, part of the Borough of the Bronx. 26 The transfer was made "in con- sideration of a certain lot of merchandise," which the sachems acknowledged to have received. 20 Meadows near the headwaters of Newtown Creek — Ibid. 21 January 15th, 1639, TV. Y. Col. Docs., XIV :i 5. 22 Rockaway to the Great River in the present town of Islip. Van Wyck, Keskachauge, p. 473. 23 Oyster Bay — Ibid., p. 476. 24 Newtown Creek — Ibid., p. 487. 25 Fort Tryon Park, 190th Street. 26 See map entitled Historic Traces on Upper Manhattan prepared by Morris William Ehrlich (1912) now in the Map Room of the N. Y. Public Library. New Amsterdam 11 The flats of Haerlem on the north end of the Island of Manhattan had already been occupied as bouweries, or farms, by the Dutch settlers, and it is probable that some of the boers, or farmers, crossed the river and occupied the new land "upon the Maine." In the year 1640, a 1640 second purchase was made of the lands to the eastward of Keskeskeck; and in 1641, Jonas Bronk or Brunk, made a 1 ^ > A l purchase of five hundred acres of land between the Harlem and Aquahung rivers. The latter soon lost its Indian name and became known after the proprietor as Bronk's River; today, the Bronx, a natural derivative from "Bronk's," which has given its name to the Borough. The first English settlers from the mainland crossed the Sound shortly before this, and began a plantation at the eastern extremity of Long Island, where Lyon Gardiner purchased, on March 10, 1639, from Lord Stirling's agent the Island of Monchonock, containing an area of about 3,300 acres. This was the first English settlement within the present limits of what now constitutes New York State; 27 and the place has ever since been called Gardiner's Island, after the original purchaser. 28 The Dutch, whose settlements on Long Island had pre- ceded those of the English by many years, were equally active on the western extremity. The earliest grant for lands in Kings County that has been discovered was a patent from governor Van Twiller to Andries Hedden and Wolphert Gerritsen, for a tract of land in Amersfort, 27 Thompson, Hist. L. Is., 3rd Ed (1918), 1:103. 28 Thompson in his History of Long Island, 3rd. Ed. (1918) 11:86, says, "The first English settlement in this town, (Easthampton) Gardiner's Island excepted, was begun upon the site of the present village of Easthampton, in the spring of 1648, by a few families from Lynn and the adjoining towns of Massachusetts; a previous arrangement having been made with the Governors of Connecticut and New Haven, for procuring by their means, a conveyance from the native proprietors. . . . The deed bears date April 29, 1648. . . ." 12 Colonial Charters 1636 or Flatlands, bearing date the 1 6th June, 1636. 29 Grants were made in the village of Breuckelen to sundry indi- viduals; the earliest deed for land in this town, is a grant to Abraham Rycker in 1638; and the earliest deed on 1639 record, is a grant to Thomas Besker in the year 1639. 30 We find a farm in progress in 1639 at Gowanus, and a com- mencement made at Gravesend, in which town Anthony Janse van Salee, 31 who arrived in the country sometime between 1634 and 1637, obtained from governor Kieft, on May 27, 1643, a grant of 100 morgen 32 or 200 acres of land. 33 This must be considered as the commencement of the Dutch settlements on Long Island. There is no evidence that any direct and systematic efforts were made for this purpose, till this period. 34 1640 I n 1640, the Director and Council made further pur- chases of claims of Indians to soil in the neighborhood of the Island of Manhattans. They bought from "the great Chief Penhawitz," head of the Canarsee Tribe, all the land left to him by his father on Long Island, with all his hereditary rights and titles thereto. 35 This, according to the claim of the Canarsee Tribe, consisted of the whole of 29 A Sketch of the First Settlement of the Several Towns on Long Island with their Political Condition to the End of the American Revolution by Silas Wood 1st. Ed. (Brooklyn 1824) p. 9; Van Wyck, F., Keskachauge, (1924), p. 14. 30 Wood — First Settlement of Long Island., 2nd. Ed. (1828) p. 10. Thomp- son's, L. I. 3rd. Ed. (1918) III:i98. 31 He once lived at Salee or Fez, a seaport town under the Turkish rule on the coast of Africa, and was known as "The Turk," and the farm on which he lived was referred to in the records of Gravesend as "Turk's Plantation." — Hoppin, Washington Ancestry (1932), Biography of Anthony Janse van Salee, 111:69. 32 A Dutch morgan approximates two English acres. 33 Thompson's L. Is., 3rd. Ed. (1918) ; III:io8; Wood's L. Is., 1st. Ed. (1824), p. 9; Book G. G. Land Papers Albany, p. 61, translated in N. Y. Col. Docs., XIV :45. 3 * Wood's L. Is., 2nd. Ed. (1828), p. 10. 35 N. Y. Col. Docs., XIV :28. For an interesting discussion on the question of Chief Penhawitz being head of the Canarsee Tribe see Van Wyck, F., Keskachauge, (1924) p. 419 et sec. New Amsterdam 13 the lands now included within the limits of Kings County and a part of the Town of Jamaica. 36 This purchase, together with that from the Indians beforementioned, 37 completed the Dutch title to all the lands bounded on the west by the East River, and on the east by the present County of Suffolk, which embraced all the territory on Long Island, over which the Dutch ever exercised jurisdic- tion. On July 19, 1640, the States General with the approba- 1640 tion of their High Mightinesses granted a new charter of "Freedoms and Exemptions for all patroons, masters and private persons who should plant colonies in or convey cattle to New Netherland." This charter formed the basis of the municipal rights afterward enjoyed by the towns and villages of New Netherland. It essentially modified that already granted by extending the right to grant lands and authorizing the representatives or Directors-General of the chartered West India Company to make grants of land in New Netherland to private individuals and corporations. The privileges confined by the charter of 1629 to "mem- bers" of the West India Company were now by the new charter extended to "all good inhabitants of the Nether- lands." One of the provisions of this new charter was that whoever was to come to New Netherland and bring five people over the age of fifteen years with him was to be acknowledged "a master, or colonist," and entitled to 100 morgen or 200 acres of land. If, by these means, the settle- ment of masters, or free colonists should so increase as to become towns, villages or cities, the company was bound to confer subaltern or municipal governments on them to consist of magistrates and ministers of justice which were, however, "to be selected and chosen by the Director-General and Council, from a triple nomination of the best qualified 36 O'Callaghan, Hist. N. Neth., (1855), 1:215. 37 Supra p. 9. 14 Colonial Charters in the said towns and villages, to whom all complaints and suits arising within their district shall be submitted." 38 1645 On September 10, 1645, trie Dutch purchased from the Long Island Indians the "lands between the Coney Island to Gouwanes along the North River and from Coney Island along the seashore to W 'eywitsprittner 39 and thence North by West and North North West to Gouwanes aforesaid," 40 which were now added to the public domain, and on October 19, Thomas Farington, John Townsend, William Law- rence, Robert Freeman and others, who were forced to remove from Massachusetts in the spring, obtained a patent for 16,000 acres of land to the east of Mespath which was duly incorporated by the title of Vlissingen (Flushing) after the ancient trading city of that name situated on the Island of Walcheren. 41 On December 19, a patent, conveying equally liberal privileges, was granted to the town of Gravenzande. 1646 1° 1646, the administration of Director General Kieft, although he was not superseded in fact until 1647, mav now be said to have virtually terminated. During his administration, however, the following plantations under the jurisdiction of the Dutch were established at the west end of Long Island; Flatlands (1636), Brooklyn (1637), Bushwick (1641), Newtown (1642), Gravesend and New Utrecht (1643), Hempstead (1644), and Flushing (1645). On July 28, 1646, a commission of the States General was issued to Petrus Stuyvesant, appointing him Director- General, giving him power "to administer with the Coun- cil, as well now as hereafter appointed with him, the said offices of Director, both by water and by land . The powers conferred were of the most ample nature, and 38 N. Y. Col. Docs., I:n8, X19; A copy of this charter is set forth in Grants No. IV. 39 Possibly the Strom Kill — Van Wyck, Keskachauge, p. 650. 40 N. Y. Col. Docs., XIV:6z, 63. "Thompson, Hist. L. I., (1918) 11:68. New Amsterdam IS under them the Director and Council claimed and exer- cised almost absolute authority. The province was ruled by proclamation. The Director-General was appointed by the States General; the Vice-Director and Fiscal by the West India Company. 42 In 1647, a ste P was made toward 1647 a representation of the people in the government. An order of Council was issued allowing the people to choose eighteen of the most expert and reasonable persons, from whom the Director and Council could select Nine Men "as is customary in Fatherland" to give their advice when called on and to assist in promoting the welfare of the country. 43 The election was held and in September, 1647, an act or charter declaratory of their powers was pro- mulgated. 44 This charter, meager as it was in privileges and concessions, deserves notice as marking the glimmering of public freedom at this remote day. It is true that about fifteen years before there was a faint indication of the republican principle of representation; but now the body became fixed and gradually enlarged its authority. The introduction of this direction of tribunal in the infancy of this country is interesting also in another point of view. It forms an additional proof that Holland was the source from which New Netherland derived its municipal govern- ments and marks how strongly its first settlers were attached to those freedoms with which they were so familiar in their Fatherland. With the election of the first Nine Men all popular privileges ceased in New Amsterdam. The sitting Board and not the citizens were to select their successors and thus this court became from the outset irresponsible to and uncontrolled by the people. The year 1649 was a stormy one in the annals of New 6 Netherland. On March 15th, Adriaen van der Donck was removed from the board of "Nine Men" for com- 42 O'Callaghan, Hist. N. Neth., (1855) II 1x7, 18. 43 O'Callaghan, Hist. N. Neth., (1855) 11:36. 44 A copy of this charter is fully set forth in Grants No. V. 16 Colonial Charters miting Crimen lesae Majestatis. 45 On May 8th, Stuyvesant went in person to the house of Domine Backer and ordered him not to read or allow others to read "from the pulpit or elsewhere in the church . . . any writing, petition, or proposal having relation to the municipal government," unless such writing bore his or the secretary's signature, or was by his order and that of the council. The pro- hibition did not apply to eccleciastical affairs, but was intended to prevent publication by the representatives of the commonalty of a remonstrance against him. 48 This remonstrance, formally drawn up on July 28th by Adriaen van der Donck and ten others as representatives of the com- monalty — as well as the petition of July 26th — appealed to the States General for redress of their grievances against the incompetent administrations of Kieft and Stuyvesant and for the enactment of measures which would improve conditions in the province of New Netherlands 7 It con- tained the first specific application for a "Burgher or Municipal Government, suitable to the province and resembling somewhat the laudable institutions of Father- land." It recommended "a public school, provided with 45 N. Y. Col. Docs., 1:316. 46 O'Callaghan, Laws & Ord. N. Neth., 108; N. Y. Col. Docs., XIV:ii4; Representation (1649), in Jameson's Nar. N. Neth., 351. 47 The "Nine Men" wrote a letter on July 26, 1649, to the States-General in which they asked for a full hearing for Adriaen van der Donck, Jacob van Couwenhoven and Jan Evertse. (N. Y. Col. Docs., 1:258.) This letter has only eight signatures, which is explained by the fact that Stuyvesant had expelled Van der Donck. Accompanying the letter was a Petition of the Delegates (the three men named in the letter), a Petition of the Com- monalty of New Netherland, and The Remonstrance [or Representation] of New Netherland. All these, together with the Answer to the Remonstrance from Ne B N. Y. Col. Docs., 11:250; O'Callaghan, Hist. N. Neth., (1855), 11:532; Stokes, Iconography, IV :24a; The Articles of Capitulation are fully set forth in Grants No. IX. New York 23 balance or easterly half of Nassau or Long Island. The north riding of Yorkshire included what is now Westchester County and probably a small part of Connecticut on the shore of the sound. The government of the shire consisted of a high sheriff, appointed by the governor and council, a deputy sheriff for each riding, and justices of the peace, to hold office during the governor's pleasure. Courts of ses- sions were to be held three times each year by the justices in each riding, presided over by the governor or any of his council, or in their absence, by the senior justice. Annually, the justices and the high sheriff were to meet with the gov- ernor and his council in the court of Assizes at New York, which afterwards became the general court of the province. Two days after the surrender of New Amsterdam, Gov- ernor Nicolls in a letter to Captain Young 56 promised that "Deputys shall in convenient time and place, be summoned to propose and give their advice in all matters tending to ye peace and benefitt of Long Island." And shortly after- wards, a circular was addressed to the inhabitants of Long Island requesting them to send two delegates from each town to a convention to be held at Hempstead on the last day of February, 1665. In accordance with this call, dele- gates from each town met at Hempstead on March 1, 1665. j665 The most important action of the meeting was to prepare, or more properly to confirm, a body of laws, which after- wards came to be known as the "Duke's Laws." 57 A num- ber of additions and amendments were made by the Court of Assizes, and afterwards the Code was transmitted to England for confirmation. The "Duke's Laws" originally obtained in the shire of Yorkshire only, and did not go into effect in New York until after the second occupation by the Dutch in 1674, nor on the Delaware River, until 1676. From that time 56 Gen. Entries, 1:29, printed in N. Y. State Library Bull., Hist. No. 2, 100. (Senate Doc, 1899, Vol. 12, No. 58-59.) 57 Duke's Laws are printed in Col. Laivs of N. Y., I:6-ioo. 24 Colonial Charters they continued in effect throughout the province, except as modified by later enactments of the Assizes, the governor and council, or the governor, council and assembly, prob- ably until 1 69 1 ; — certainly as late as 1687, for in that year Governor Dongan, answering certain charges against him, in response to the question of what laws are in force in the colony, replied: "The Laws in force are ye Laws called his Royal Highnesses Laws and the Acts of the General Assembly." 58 Until the "Duke's Laws" became of general effect throughout the province, the Dutch laws probably continued in force in accordance with the principle that the laws of a conquered country continue in force until expressly abbro- gated by the conqueror. 59 From this point on, the history of the Colonial Charters to the various towns and communities which were consoli- dated into the City of New York as it exists today will be discussed separately. The towns and communities in the counties will be discussed in the following order: First, New York, including what is now Bronx County, (since that county was not created until 19 12) ; Second, Kings County; Third, Queens County and last, Richmond County. 58 See O'Callaghan, Cal. of N. Y. Col. Docs., 111:390. 59 For a discussion of this subject, see introductory note by Robert Ludlow Fowler, in "Fac Simile of the Laws and Acts of the General Assembly, etc.", published by the Grolier Club of New York, Chap. II. New York County 25 THE CHARTERS OF NEW YORK COUNTY Manhattan Island, New York City On the fourteenth of June, 1665, Governor Nicolls 1665 appeared in the Assembly and delivered to the clerk his act of revocation of the old form of government of Schout, Burgomasters and Schepens and declared that a commission should be instituted for the city government, "to consist of the Mayor, Aldermen and Sheriff, according to the custom of England in other his Majesty's corporations." This was followed by his new charter, dated the 12th of June, 1665. 60 In 1667, Nicolls was recalled and Col. Francis Lovelace Y ^ was appointed to succeed him. His commission directed him to make no alteration in the laws of the government settled before his arrival. On July 30, 1673, New York was retaken by the Dutch T673 and on August 17, 1673, the commanders of the fleet re-established the Dutch form of government by the appointment of Schout, Burgomasters and Schepens. On January 17, 1674, Colve, acting as Governor-General of 1674 the province, issued instructions to the Schout, Burgo- masters and Schepens of the City of New Orange, for their guidance in the government of the city. This document is sometimes known as Colve's Charter. 61 The Dutch were in possession of New York for too brief a period to re-establish a permanent or stable form of government, and their rule amounted to little more than a military occu- pation of the city. By the Treaty of Westminster, signed February 19, 1674, the Dutch relinquished New York, although they were in actual possession of the city some months thereafter. Whatever doubt may have existed 00 A copy of this charter is fully set forth in Grants No. X. 61 A copy of this charter is fully set forth in Grants No. XI. 26 Colonial Charters theretofore as to the title of the English was conclusively set at rest by the terms of the treaty. To remove any doubt of the validity of the Duke's title, either from the want of Seisin in the Crown when it origi- nated, or on account of the intermediate conquest by the Dutch, a new charter was granted to the Duke of York on the 29th of June, 1674. This grant was in substantially the same terms as the former charter, and embraced the same territory. 62 On July 1, 1674, Edmund Andros was appointed Gov- ernor of the province, and was empowered by the commis- sion "to performe and execute all and every ye powers which are by ye said letters patent graunted unto Mee to be executed by Me, my Deputy, Agent or Assignes." On November 9, 1674, pursuant to instructions from the Duke of York, 63 Governor Andros issued a "proclamation" con- firming "all former grants privileges or concessions here- tofore granted and all estates legally possessed by any under his Royall Highnesse before the late Dutch govern- ment." He also confirmed the "known book of Laws formerly establisht and in force under his royall highnesse government . . . the which are to be observed and prac- tised together with the manner and time of holding Courts therein menconed as heretofore." All magistrates and civil officers "belonging there unto" are to be chosen and estab- j6 7 - lished accordingly. 64 In October, 1675, Andros, by procla- mation, and in virtue of the Duke's Letters Patent, appointed certain persons to be the Mayor, Aldermen and Sheriff, with full power, among other things, to "Rule and Governe all the Inhabitants] of this Citty, Corporacon or Libertyes thereof, and Strangers within the Same accord- ing to the generall Lawes of this Government, Priviledge 62 A copy of this charter is fully set forth in Grants No. XII. 63 N. Y. Col. Docs., 111:215. «* O'Callaghan, Doc. Hist. N. Y. ( 4 th ed.), 111:52-53; N. Y. Col. Laws, (1894) 1:107-8. New York County 27 and Practize of this Place." This was undoubtedly a recognition of the Nicolls Charter, and an appointment of the functionaries under it, in order to remove doubts aris- ing from the temporary dominion of the Dutch. 65 The next step in the history of the charters of New York 1683 City was taken in 1683. In November of that year, the Mayor, Aldermen and Commonalty presented a petition to Lieutenant-Governor Dongan, praying for a confirma- tion of all charters, and for various other franchises and privileges. As a record of the claims of the corporation, this document is important. Numerous discussions took place in that year between the Governor and Common Council. One part of their application was referred to the Duke; and at last, on the 22nd of April, 1686, the com- j^g^ plete charter was granted, under which the city govern- ment was chiefly conducted, until the Charter of 1730 was issued by Montgomery. 60 05 Min. Com. Court., I:i. 66 A copy of the Dongan Charter is fully set forth in Grants No. XIII. Hoffman, in his Estates and Rights of the Corporation, I:2o, says: — A point which, it seems, gave rise to some distrust as to this charter (the Don- gan Charter of 1686 for the City of New York) should here be noticed. On the sixth of February, 1685, the Duke of York ascended the throne of Great Britain as James II. The query is raised as to what effect this ascension had upon the ducal commission and consequently, upon the previous charter of Nicolls and the proclamation and appointment made by Andros. The patent to the Duke of 1664 granted the tract of country described therein, including New York, "with all royalties and all his Majesty's estate, together with the right of government." After the treaty of West- minster in 1674, the Duke obtained, as was hereinbefore stated, a new patent from the Crown. (See Grants No. XII.) This last charter was as comprehensive in its character as that of 1664; and the Duke's commission to his governors authorized them to exercise every power which by the letters patent was granted to the Duke. It is immaterial whether between February, 1685 and April, 1686 Dongan had received a new commission from James as King, or acted under his old commission from the Duke, given in 1682. Supposing that he acted under his old commission from the Duke, the Duke was the grantee of all royalties and right of government directly from the Crown. He had con- ferred them, in the utmost extent, upon his governor. The accession to the throne of the individual, could not of itself revoke a commission so as to 28 Colonial Charters 1691 On May 6, 1691, the Colonial Assembly of New York adopted an act for the purpose of quieting the minds of the inhabitants and recognizing William and Mary as the affect any rights conferred under it, before an actual revocation. It is clear that as King he could not repeal a charter granted in truth by royal authority, although delegated first to the Duke and next to the Governor. I am aware that it has been urged, in former times, that the accession of the Duke to the throne merged what he had done as Duke in his kingly power; and that he could abrogate charters granted by him in that capacity. The doctrine is contrary to reason, justice and law. The Crown cannot revoke or annul a patent granted directly by itself, (Burrows, 1656) nor consequently, a patent granted by its duly constituted agent. The Duke was the grantee and agent of the Crown for this purpose ; the Governor was his agent, and, therefore, the agent of the Crown. When James II assailed the charters of the realm, he did it through the forms of law, by a quo warranto, to which the courts lent themselves. (Miller's Eng. Gov., 111:58.) Other chartered bodies, intimidated or seduced, accepted new patents from him. In the reign of James II it was asserted in the House of Commons, that "the compulsory substitution of new for ancient charters, amounts to a disseisin of the subject of his freehold, without a trial." (Vis- count Lonsdale, May, 1685; Lingard's Hist., IV:28.) In Marshall's History of the Colonies, it is stated that ineffectual efforts were long made to induce the General Court of Massachusetts to surrender the charter; but they resisted, "they deeming it better to die by the hands of another, than by their own." (See also Powell's History of the Colonies, 54, 58.) There is a distinction to be here observed. Although every right conferred by the Duke's Governors was irrevocable, yet when the Duke became King, the royalties which had been conferred upon him as Duke, vested in him as King. This is clearly expressed in the reply of Governor Tryon to the questions addressed to him by the Board of Trade in 1774. "By the grants of this province and other territories to the Duke of York in 1663-4 an d J 674, the powers of government were vested in him, and were accordingly exercised by his governors until he ascended the throne, when his rights as Proprietor merged in his Crown, and the province ceased to be a charter government. From that time it has been a Royal Govern- ment." {London Doc., 44, Albany; Transcribed Valentine's Manual, 1851, P- 37I-) The result is, that the charters granted prior to that of 1686, under the ducal commission, were unimpaired by the accession of James to the throne; and that the charter of Dongan, even if bestowed under his commission from the Duke, was effectual to ratify them as well as to confer any new interests or franchises. The presumption from the recital must, however, be that he had a fresh commission from James as King. The Dongan Charter to the city has received both legislative and judicial recognition and I am not aware that its validity has even been seriously impeached nor is there any ground on which it can be successfully assailed. New York County 29 lawful sovereigns and establishing the acts of the last Par- liament. 67 In 1702, Lord Cornbury was made Governor. On 1702 March 3, 1708 the common council decided to petition the governor "for her Majesty's Grant of all the Vacant Land upon Nassaw Island from High water to low water mark from the Wallabought to the Redhooke for A further Conveniency for the ferry of this City with power to estab- lish one or more ferrys if there shall be Occasion and A Confirmation of the same under A Moderate quit Rent and at Reasonable Rates &c." The common council also resolved to raise the sum of £300 to be used in procuring the grant. The reason for this petition was to prevent any attempt to secure a private grant for a ferry and to fill the need of increased accommodations. 68 On April 8, 1708, Cornbury granted the petition of the 1708 Common council of the city, dated Mar. 3, 1 707/8, 69 for the enlargement of the bounds of the ferry, it being then ordered that a "warrant be prepared for the attorney- general to draw a patent for all the Vacant and unappro- priated Ground on Nassau Island from High water to Low water marke fronting unto this City from the place Called The Wallabought unto the Redhooke against Nutten Island for the better Improvement and accommodation of the Said ferry," etc. 70 The letters patent were issued by Lord Cornbury on April 19, 1708. 71 In 1728, John Montgomerie became Governor of New 1728 York. On March 23, 1729/30 proceedings to procure a J 73o new charter for the city commenced and continued for nearly a year. The common council appointed a committee to consider provisions for a petition to Governor Mont- 67 A copy of this act is fully set forth in Grants No. XIV. 68 M.C.C, 11:346-47. 69 Ibid. ™0'Callaghan, Doc. Hist. N. Y. (4th Ed.) 111:258; a copy of this letter is fully set forth in Grants No. XV-A. 71 A copy of this charter is fully set forth in Grants No. XV-B. 30 Colonial Charters gomerie "for his Majesties Grant of Confirmation of the Charter of this Corporation in the Royal Stile and of all their Ancient Rights and Priviledges thereunto belonging and for such Additional Grants Emoluments and Privi- ledges as Can be Obtained for the Advantage good Rule & Government of the Inhabitants of this City." 72 On March 28 this committee reported its recommendations. It was then ordered that Mayor Robert Lurting and Alder- man Frederick Philipse see the governor as to what to do about a new charter. 73 On April 6 they reported that the governor, when he received their petition would refer it to "his Majesties Council for their Advice which he was Obliged to do by his Instructions." The common council ordered the recorder to prepare a draft of a petition which was engrossed and signed. 74 A draft of the new charter was also prepared and it was agreed that £1,400 would be "Needfull to be provided by this Corporation for Obtain- ing the Said Charter." 75 The city's petition was referred to the council by the governor on Aug. 6 and on Aug. 13 they advised the governor to "grant His Majesty's Royal Charter to the petitioners accordingly. 70 The governor ordered a draft of the new charter and on October 13, 1730, it was approved by the common council who then ordered it "Engrossed finished & Compleated and the seal 1731 Affixed with all Expedition." 77 On January 15, 1730/31 Governor Montgomerie signed the new charter and on February 11, 1730/31, with appropriate ceremony, the Montgomerie Charter was formally conveyed to the mayor and other city officials. 78 72 Min. Com. Coun., IV 4. " Ibid., IV: 5 -8. 74 For full text see Land Papers, (Albany), X:i30, published in Valen- tine's, Man. Com. Coun. (1856), 593-95. 75 Af m. Com. Coun., IV:n. 76 MSS. entry in the Council Minutes, State Library, Albany. 77 Min. Com. Coun., IV:28. 78 For an account of the ceremonies see the Minutes of the Common Council, IV:39~44; a copy of the charter is fully set forth in Grants No. XVI. New York County 31 The Montgomerie Charter not only grants additional privileges rights, and estate to the city, but it is in its terms confirmatory of prior grants, and of the Dongan and Corn- bury charters. It recites in full these charters, concerning the validity and force of which questions had arisen by reason of the diversity of the names of the grantees, and because prior grants and charters had been made in the names of the governors instead of the sovereigns, respec- tively. There was, therefor, question, as appears from the text of the charter, whether the city had been hitherto legally incorporated. This was the last charter given to the city by any one of the Colonial Governors. It was a very lengthy one and set forth all the powers of the city somewhat in the style of our present charter. On October 14, 1732, the Colonial Assembly passed an 1732 act entitled "An act for confirming unto the City of New York its rights and privileges." By this act the city of New York was continued as a corporation to be known as the Mayor, Aldermen and Commonalty and all previous letters patent, grants or charters issued to the city were ratified and confirmed. 79 The Montgomerie Charter, together with those charters which it enumerated and confirmed, and the Act of 1732, formed the foundation of the municipal government and of the rights of the corporation, down to the Revolution and the Constitution of 1777, and even after that, subject, however, to amendments made by the State Legislature. Harlem The town of New Harlem or Harlem as we know it 1636 today has been described as being unique in that it was a town or village within an established city (New York) and made its existence dependent upon that city "as being within the liberties thereof." 79 A copy of this Act is set forth fully in Grants No. XVII. 32 Colonial Charters All that part of Manhattan Island north of a line drawn from 125th Street and the Hudson River to 74th Street and the East River was originally the town of New Harlem. The pioneer settler of New Harlem was Dr. Johannes de la Montagne who settled there in 1636. The land which he occupied became known as Montagne's Flat. It ran from about 109th Street to about 124th Street and con- tained about 200 acres. There were a few other settlers at this time, namely, Jacobus van Curler, Coenraet van Keulen, whose land became known as Van Keulen's Hook, and Hendryk de Forest. Due to numerous skirmishes with the Indians, these farms or plantations did not thrive and the settlers were driven to seek shelter at New Amsterdam on several occa- sions. Finally, Director-General Stuyvesant took a hand in the affairs of New Harlem. It was to the advantage of the government that a strong settlement with a garrison be placed on this frontier end of the island. Such a settle- ment would enhance the safety of the city of New Amster- 1 ®5° dam. Therefore, all things favoring the formation of a lasting settlement, the Director-General and his Council, on the fourth of March, 1658, passed an ordinance organizing the village afterwards called New Harlem. 80 Summarized, this ordinance provided for the formation of "a new village or settlement at the end of the Island." It granted by lot to each of the Harlem settlers full ownership of from 36 to 48 acres of farm land and from 12 to 16 acres of meadow land which should be protected by the Director- General and Council "with all their power, and when noti- fied and required to assist them, with 12 to 15 soldiers." The ordinance further provided for an "inferior court of justice" when 20 to 25 families should have settled in the village. They were to have "their own good, pious, ortho- dox Minister," a great privilege in those days; "a good wagon road from this place (New Amsterdam) to the vil- 80 The ordinance is fully set forth in Grants No. XVIII-A. New York County 33 lage aforesaid;" a "Ferry and suitable Scow;" and a "Cattle and Horse Market." With its first advent into life and activity, the infant settlement received its name, fitly taken, as Riker remarks, from the famous old city of North Holland. It was called "Nieuw Haerlem," a name "conferred, no doubt, by Stuy- vesant, .... Its selection was such as could neither flatter any one settler, nor excite the jealousy of others, as none of them were from Haerlem. Perhaps the semblance in the two localities first suggested it. New Harlem and New Amsterdam, like the two great cities after which they were named, lay apart 'about three hours journey.' " 81 After the English had taken possession of New Nether- ^5, land in 1664, the growing need of enlarged commonage and of having the limits thereof fixed, naturally brought up the subject of applying for a general patent, which should con- firm the community in these and their other rights and privileges, and also secure to them the large outlays made in building their houses, as well as what it had cost them to clear, fertilize and fence their lands. Recognizing the dignity of New Harlem's position in the province of New Amsterdam, Nicolls at once sent his surveyor to the dis- trict, and, upon the latter's report, he gave written direc- tions for drafting a patent in which he specified three things to be observed, namely: "There is one condition, which is, that that town is to be forever thereafter called by the name of Lancaster." "To build one or more boats fit for a ferry." "There is also liberty of going further west into the woods with their horses and cattle, for range, as they shall have occasion." 82 In May, 1666, Governor Nicolls issued the first Harlem 1666 Patent or Charter which not only describes Harlem's boundary, but grants the territory so named to the free- 81 Riker, History of Harlem, (1904), p. 173. 82 Riker, History of Harlem, (1904), p. 226. 34 Colonial Charters holders and inhabitants, their heirs, successors and assigns forever. 83 This patent was not approved by the Harlem people, whose wishes were disregarded in preparing it. The change in the name of the town to Lancaster, a pet idea with the Governor, was a most offensive feature, and was never adopted. 84 The Bench of Justice or local court, and, in general, such rights as they had enjoyed in common with the other villages were indeed comprehended under "the privileges of a town," but as it made all, without limi- tation, "dependent on this city," this condition might impose untold burdens. It omitted to name the meadows or salt marshes on the mainland, now in the Borough of the Bronx. In 1667, due to Governor Nicolls' direction that all landholders submit their ground briefs to the authorities of New York, the inhabitants of Harlem pre- sented a petition for a new general patent. 85 This resulted in the Harlem freeholders receiving a new town patent, 1667 dated October 11, i667. 8s This patent included the Bronx property omitted in the previous patent and also granted the right to call the town New Harlem. 1687 In 1687, Dongan issued a patent or charter to New Harlem. This patent is dated March 7, 1686, which is the old style dating, by which the year began March 25. According to our present reckoning, it should be 1687. 87 This was the last patent or charter issued to Harlem. 88 Thus, is concluded the history of the charters to the former City of New York from the period of the discovery by the Dutch up to the Revolution. It is to be understood, of course, that New York City at that time consisted only of Manhattan Island. 83 A copy is fully set forth in Grants No. XVIII-B. 84 Lancaster, as a name applying to Harlem, is not once found on its records; nor has it been met with as so used in any other record or docu- ment of that period, saving the instance above noticed. Riker, History of Harlem, (1904), p. 228. 85 Riker, History of Harlem, (1904), p. 239. 86 A copy is fully set forth in Grants No. XVIII-C. 87 See Preface. 88 A copy is fully set forth in Grants No. XVIII-D. Bronx County 35 THE CHARTERS OF BRONX COUNTY We now come to that part of the City of New York which is known to-day as Bronx County. This territory was formerly a part of Westchester County. It was not until 1874 that the western part of the present borough was annexed to New York City and 1895 tnat trie eastern part was annexed. As has been stated before, the first purchase of land in Westchester was the Keskeskeck purchase in 1639. 89 In 1640, a second purchase was made of the lands to the east- ward of Keskeskeck. The original county of Westchester was composed mainly of Manors and "Great Patents." 90 89 Page 10, supra. 90 There were two types of large grants of land made by the English in America. The "Great Patents," as they were called, were usually granted to several grantees. The Manors were necessarily granted to one person only. The franchises, privileges, and other valuable incidents which the Manor possessed and which the "Great Patents" did not possess were fewer than is generally supposed. The greatest difference between the "Great Patents" and the Manors lay in the peculiar public incidents, as they have been called, which constituted a Manor, incidents essential to its existence, and which related more to the government and good order of the territory of the Manor, and the protection of the Manor, than to power and profit of the lord of the Manor. Tenants could, and did, take up lands under the grantees of the "Great Patents," as well as under the lords of the Manors. The former could, and did, settle people upon their Patents under leases, as well as deeds in fee, just as the latter did upon their Manors. Both classes of proprietors sold in fee, or granted on leases of different kinds, just as their houses dictated. The "Great Patents," their grantees, and the inhabitants upon them, were subjected, in general and local matters, to whatever public territorial divisions of the province embraced them and the laws in force therein. The Manors, their lords, and their inhabitants, whether tenants or holders in fee simple, of Manor-lands by purchase from the lords, were subject only to the jurisdiction and courts of the Manor in local matters. Both, in all matters not local, were governed by the law courts and the civil and military authorities of the county and the province. The tenure of both classes of these crown grants was the same, being "in free and common socageas of the manor of East Greenwich in the county of Kent." Under the feudal system which was introduced into England, 36 Colonial Charters There were six manors which together comprised the larger part of its area. The "Great Patents" were more numerous but together not so extensive in area. These latter and the borough-town of Westchester, with a few small original grants, formed the rest of the county. The manors in the original county were, "Cortlandt," "Scarsdale," "Pelham," "Morrisania," "Fordham" and "Philipseborough" or "Philipseburgh." Of these "Cortlandt" and "Philipse- burgh" were the largest. The manors of Fordham, Mor- risania, Pelham and Scarsdale, lying nearer to the city of lands were granted to knights as payment for military services and on condition that such military service should be forthcoming upon the demand of the sovereign or overlord from whom such lands were held. For a variety of reasons, including the multiplication of such fiefs, their sub- division, their inheritance by females incapable of military service, and what not, there was enacted a law in 1290, during the reign of Edward I, which would put an end to the formation of new military Manors forever. In the old Saxon kingdom of Kent, which became the County of Kent under the Normans, there was the Manor of East Greenwich, which was held by the Crown in free and common socage. By free and common socage is meant fealty to the king, or overlord, and payment at fixed intervals or upon fixed occasions of a certain service as opposed to uncertain or military service. This certain service might take the form of a yearly payment of money, of some article, or a fixed quantity of grain or other produce, of pelts, of plowing so many acres or for so many days and so on. At the time of the coronation of an English king we find man} - claims advanced by English gentlemen — one furnishes so many napkins for the royal table; another holds the basin for the king to wash his hands; another the towel to dry them; another provides a pigeon pie or venison pasty for the ban- quet; another holds the king's stirrup when he mounts his horse to ride to Westminster to be crowned; another when he returns. All of these, and many more, are really the services to be rendered for the possession of all the manors in England; and question might legally arise whether the Manor lords have not forfeited the rights to their Manors by a failure to perform such services unless the king, by his failure to accept such services, abrogates the right to it and withdraws the necessity. Thus, we have, for instance, in the patent from Governor Lovelace to Archer for the manor of Fordham a provision that he shall pay twenty bushells of good peas per year "if the same shall be demanded." In the grant to the Duke of York he held his territory here "as of our manor of East Greenwich in our county of Kent in free and common socage and not in capite or by any service," and in his case he had to pay yearly "forty beaver skins when they shall be demanded or within ninety days after." Bronx County 37 New York than the other two and more accessible, were more settled. The manors of Westchester County in the order of their erection were "Fordham" in November, 1 67 1, "Pelham" in October, 1687, "Philipseburgh" in June, 1693, "Morrisania" in May, 1697, "Cortlandt" in June, 1697 and "Scarsdale" in March, 1700. At the time of the occupation by the English the land on the mainland was laid out as follows: — On the west, lying between the Hudson and the Bronx Rivers, north of Man- hattan, was Colen Donck; next to the South came "Brouncksland," east of the Harlem River; next, to the eastward of that, came the West Farms; after this tract was Cornell's Neck; adjoining it on the north was Oostdorp or Westchester; beyond, on the Sound, was Throgg's Neck, and north of Westchester was Pell's Purchase of 1654. This territory eventually became the towns of East Chester, Morrisania, Pelham, Westchester, West Farms, Kings- bridge and Yonkers. Of these, all of Westchester, West Farms, (which included the Manor of Fordham) Mor- risania and Kingsbridge was absorbed into the city of New York. Of the others, only a part was included. We will now proceed to take up the charter history of these towns in the order named. East Chester The territory which comprised the town of East Chester I ^ ) ^ . was originally claimed by Thomas Pell as being part of his grant from the Indians, dated November 14, 1654. On June 24, 1664, three months before the surrender to the J ^. English, Pell granted to James Euestis, Phillip Pinckney, John Tompkins, Moses Hoit, Samuel Drake, Andrew Ward, Walter Lancaster, Nathaniel Tompkins and Samuel Word, "to the number of ten families, to settle down at Hutchinsons, that is where the house stood at the meadows and uplands, to Hutchinson's River, they paying according to ye proportion of the charges which was disburst for the 38 Colonial Charters purchase, and other necessary charges, etc." 91 These grantees drew up a covenant for their guidance for the establishment of neighborly feeling among themselves and for the prevention of disputes. 92 The settlement became known as the "ten farms" and later, as East Chester, because it lay to the eastward of Westchester. 1666 In 1666, the inhabitants of East Chester obtained a further grant from the native Indians, "Annhoock" and others. On March 9, 1666/7, tne inhabitants of the town received a royal patent from Governor Nicolls, confirming them in their possessions. 93 This charter enacted "that the plantation shall continue and retain y e name of East Chester by which name and style it shall be forever hereafter dis- tinguished and known, etc." 1700 On December 23, 1700, we again find a deed from the Indians, confirming the inhabitants of East Chester in their 1708 possessions 94 and on September 22, 1708, a patent was issued under the great seal of the province to Captain Wil- liam Peartree and his associates, confirming them in their possessions. 95 Only a small part of the township was added to the borough of the Bronx, mainly consisting of the village of Wakefield at the southern end of the township. Morrisania The town of Morrisania, formerly the manor of Mor- risania, derived its name from the Morris Family, the first mesne lords and patentees under the Crown; the termina- tion "ania" being in general use in the latter part of the seventeenth century. At the period of the Dutch discovery, it was called by the aborigines Ranachque, or Raraque. 91 Deed Book, II :19c, Office of Sec. of State, Albany. 92 See Bolton, Hist. West. Co. (1905), 1:204. 93 A copy of the patent is fully set forth in Grants No. XIX-A. «4 Bolton, Hist. West. Co. (1905), I:2io. 95 A carefully compared copy is fully set forth in Grants No. XIX-C. Bronx County 39 The first grantee under the Mohegan sachems of Ranach- que, Shahash, Panazarah, Wanacapun, Kneed, Taquamarke and Awarazawis, was Jonas Bronck, who in 1639 pur- j^g chased from them two hundred and fifty morgen of land — about five hundred acres, for which he subsequently obtained a "grond brief" from the Dutch authorities. 90 By the marriage of Bronck's widow, Antonia Slaghboom to Arendt van Curler, Bronck's land passed into the van Curler family. On October 3, 1644, van Curler obtained a "grond 1644 brief" for Bronck's land from Director Kieft. Van Curler conveyed the land to Jacob van Stool from whom it passed through several proprietors to Samuel Edsall. The sale 1668 to Samuel Edsall was confirmed by a royal patent from Richard Nicolls in the year 1668. 97 The next possessor of Bronck's land was Captain Richard Morris who purchased it from Edsall in August, 1670. 1670 Morris and his wife died in 1672 and the property passed to his brother, Col. Lewis Morris, in trust for his orphaned son. On March 25, 1676, Lewis Morris obtained letters 1676 patent for Bronck's land from Governor Andros. 98 On February 7, 1684/5, Lewis Morris obtained a con- ^g, firmation deed to Bronck's land from the same Indians who had originally granted the land to Joanes Bronck. 99 The estate passed to Col. Lewis Morris' nephew, Lewis Morris, by his will, dated 1690. On May 8, 1697, Lewis Morris obtained royal letters 1697 patent from King William III, erecting Morrisania into a township and manor, to be holden of the king in free and common socage; its lord yielding and rendering therefor annually, on the Feast Day of the Annunciation of our blessed Virgin Mary, the rent of six shillings. 993 96 See the patent of confirmation from Andros to Morris, in Grants No. XX-B. 97 A carefully compared copy is fully set forth in Grants No. XX-A. 98 A carefully compared copy is fully set forth in Grants No. XX-B. 99 A carefully compared copy is fully set forth in Grants No. XX-C. 99a A carefully compared copy is fully set forth in Grants No. XX-D. 40 Colonial Charters Morrisania was created into a town by the Act of 1788/ and later in 179 1, 2 annexed to the ancient borough-town of Westchester. It did not become an independent town again till 1856. 3 Pelham j^ 4 . The first settler in the town of Pelham, the southern part of which has been annexed to the city of New York, was Mrs. Ann Hutchinson who settled in what is known as Pelham Neck about the year 1643. The Dutch called the Neck after her, "Annes Hoeck," or Ann's Neck; the stream near which her house stood was called Hutchinsons River, the name which it still bears. There is no record of her ever having received any patent or "grond brief." Appar- ently, she was killed by the Indians in a raid on her farm before she had an opportunity to do so. !6<54 The next proprietor of Pelham was Thomas Pell of Fairfield, Connecticut. He obtained a grant from the Indians on November 14, 1654 — "embracing all that tract of land called West Chester which is bounded on the East by a brook called Cedar Tree Brook or Gravelly Brook, and so running Northward as the said brook runs into the woods about eight English miles, thence West to the river Aquehung or Bronck's River to a certain bend in the said river, thence by marked trees South until it reaches the tide water of the sound which lyeth between Long Island and the mainland, together with all the Islands, lying before that tract of land so bounded as before expressed, and so running East to place of beginning, etc., etc." 4 One of the principal Indian proprietors of this territory and signers of the deed to Thomas Pell apparently assumed 1 L. 1788, ch. 64. 2 L. 1791, ch. 15. 3 L. 1855, ch. 210. 4 The description of the Indian deed to Thomas Peil is obtained from Bolton's History of Westchester County (1905), 11:34. He states therein that he obtained the particulars from a Mr. John Soulice of New Rochelle who had seen the deed. Bronx County 41 Mrs. Ann Hutchinson's christian name, for he consistently styled himself in the early deeds "Ann-Hoock," alias Wam- page. This individual may have taken active part in the destruction of Ann Hutchinson, for it was common among the Indians for a warrior or brave to assume the name of his victim. Thomas Pell was constantly at odds with the Dutch gov- ernment over the ownership of his property in Westchester County, as he claimed that his purchase from the Indians included "Vriedelandt" or Westchester. On October 6, 1666, a large portion of the Indian grant : 666 of 1654 was confirmed to Thomas Pell by Richard Nicolls, Governor of New York, and erected into a township and manor; the proprietor rendering and paying in fealty there- for yearly, unto his Royal Highness, James, Duke of York, or to such governor as should from time to time, be by him appointed, as an acknowledgment, one lamb upon the first day of May as the same should be demanded. 5 Thomas Pell died about September, 1669 and his prop- 1669 erty passed to his nephew, John Pell of England. On October 20, 1687, the whole territory was erected x 687 by Governor Dongan into one entire enfranchised town- ship, manor and place of itself, henceforth to be called u the Lordship and Manor of Pelham," under the feudal tenure of paying yearly thereupon, twenty shillings at the city of New York on the 25th day of March. 6 Later, John Pell conveyed most of the northern part of the manor to Jacob Leisler of New York, which land became what is now called New Rochelle. A balance remained in the hands of successive Manorlords and the southern part eventually came into the city of New York, 7 being mostly what is now Pelham Park and Hart, Hunter and City Islands. 5 A carefully compared copy is fully set forth in Grants No. XXI-A. 6 A carefully compared copy is fully set forth in Grants No. XXI-B. 7 L. 1895, ch. 934. 42 Colonial Charters Westchester 1642 Vriedelandt, as the Dutch called it, or Westchester "was probably first settled in 1642 by a Mr. John Throckmorton and thirty-five associates who came from New England, with the approbation of the Dutch authorities. 8 The Dutch called this land "Vriedelandt," or "Land of Peace." 1643 On July 6, 1643, a patent or "grond brief" was granted to Jan Throckmorton by William Kieft. 9 This grant, later called Throgmorton's Neck, contracted into Throgg's Neck, and sometimes Frog's Neck, embraced the eastern part of what was later the town of Westchester. It was bounded on the north by Eastchester Neck, on the east by Eastchester Bay and the Long Island Sound, on the south by the East River, and on the west by the Westchester Creek. In Octo- ber, 1652, Throckmorton conveyed this tract of land to Augustine Hermans 10 by permission of the Director- General. 1665 In 1665, the town of Westchester asserted "that she had always enjoyed Throckmorton's Neck." 11 After court action, in September 1665, a judgment was granted to Mr. Augustine Hermans against the inhabitants of Westchester by Governor Richard Nicolls. 12 Shortly afterwards, Her- mans sold fifty morgen of the land to Thomas Hunt who, after the English occupation, received from Governor ,, Nicolls a confirmatory grant or patent, dated December 4, 1686 1667, and on January 12, 1686/7, Governor Thomas Don- gan confirmed to Thomas Hunt the property commonly called the Grove Farm. Dongan's patent is called the Grove Farm Patent. 13 The whole property passed through 8 Barber, J., and Howe, H., Hist. Collections of N. Y. (1841), p. 597. 9 A carefully compared copy is fully set forth in Grants No. XXII-A. 10 Rec. of Assize, 11:59, cited in Bolton, Hist. West. Co., (1905), 11:266. ™Alb. Rec. Court of Assize, II:6o, cited Ibid. ™Alb. Assize Rec, I =46, cited Ibid., IT267. 13 Bolton, Hist. West. Co., (1905), 11:268. A copy of the patent is fully set forth in Grants No. XXII-B. Bronx County 43 several hands and it now is divided among numerous indi- viduals. The second grantee under the Dutch in the town of Westchester was Thomas Cornell, one of Throckmorton's companions at the Vriedelandt Colony, who obtained a "grond brief" or grant on July 26, 1646 from Governor 1646 William Kieft. 14 The neck of land granted to Cornell lay between "Brunk's Kill" and the creek, now called Pugsley's, which enters the mouth of Westchester Creek. The indian name of the neck was "Snakapins," but when Cornell settled on the land it took his name. After the death of Thomas Cornell, his daughter, Sarah Bridges, inherited the prop- erty and it remained with her descendants. Thomas Pell, who claimed all the land east of the Bronx River as far as Mamaroneck and southward to the East River, even tried to oust Mrs. Bridges from her property at Cornell's Neck. She and her husband enjoined Pell from interfering with them or their property and the case was tried before a jury on September 29, 1665. Pell set ^65 up the defense that the Dutch had no right to the land in question, that it belonged to Connecticut, therefore, the Dutch could not give away what they did not own, and that the "grond brief" of 1646 to Cornell was invalid. In reply, the plaintiff quoted the terms of the surrender as agreed to by Governor Nicolls and the further instructions of the king, confirming any grant or conveyance made by the Dutch. The jury found for the plaintiffs. The case was a very important one for the principle involved. It validated under English law every land grant, confirmation, deed, or patent given by the Dutch West India Company or its officers, and secured to every holder of land under such circumstances the peaceful, absolute and undisputable possession of his lot, farm or tract. 15 ]4 A carefully compared copy is fully set forth in Grants No. XXII-C. 15 Alb. Rec. Gen. Entries, 1:14 and Alb. Assize Rec, 15. Cited in Bolton, Hi.fr. West. Co., (1905), 11:271. The original records were burnt in the Capital fire at Albany, 1911. 44 Colonial Charters 1667 On April 15, 1667, Governor Nicolls confirmed to Wil- lian Willett, a grandson of Thomas Cornell and son of Sarah Cornell by her first husband, the original tract, known as Cornell's Neck or Black Rock. 16 Prior to 1647, "Vriedelandt" (Westchester) was settled under grants from the Dutch. About this time some New Englanders, probably carrying Connecticut's claim south- ward, settled in "Vriedelandt" near Westchester Creek without permission of Governor Stuyvesant. This action led to dissension between the Dutch and the settlers. The village of Westchester which was in controversy, was called by the Dutch "Oostdorp," meaning East-town, it being the most easterly of the Dutch towns on the mainland. 17 The difficulties between Connecticut and New Netherland con- tinued to increase until the British forces took over New Netherland under Governor Richard Nicolls on August 27, 1664. However, formal settlement of the boundary was not attained between New York and Connecticut until the Congress of 1880-81. On the 15th of February, 1667/8, the first patent to the town of Westchester was granted by Governor Nicolls. 18 1686 The second patent to Westchester was one granted by Governor Dongan on January 6, 1686/7, confirming the first Nicolls grant of 1667. 19 1683 In 1683, when the counties were formed, the town of Westchester was appointed the Shire town or county seat. 1693 By the act of May 11, 1693, it was ordered that "a public and open market" should be held on every Wednesday of the week in the same town, and further, that there should be a fair held in the said town yearly upon the second Tues- day in May and to last four days, or to end on the Friday 16 A copy is fully set forth in Grants No. XXII-D. 17 For a detailed description of the various communications between the Dutch and the English with reference to the dispute over Oostdorp, see Bolton, Hist. West. Co., (1905), 11:275-286. 18 A copy is fully set forth in Grants No. XXII-E. 19 A copy is fully set forth in Grants No. XXII-F. Bronx County 45 following, "to which fair it shall and may be likewise law- ful for all and every person to go and frequent." 20 The most important act in the history of the town of 1696 Westchester was its formation into a borough-town by royal charter, bearing date of April 16, 1696 and signed by Governor Fletcher. 21 The charter carefully divided the limits of the town and prescribed that there should be a mayor, six aldermen and six assistants or common council. They should "elect and nominate one discreet and sufficient person, learned in y e law, to be recorder and town clerk for y e s d borough and town of W.Chester." A mayor's court was instituted which could hear cases where the value in controversy did not exceed thirty pounds. The mayor and aldermen were named in the charter but, after the first year, the positions were to be filled by a majority vote of the electors. The electors should also send a discreet per- son to represent them in the Assembly of the province. A "body politick" in the said corporate town should be styled "the Mayor, Aldermen and Commonalty of the Borough and Town of Westchester." Twelve trustees were appointed to dispose of undivided lands of the town. The quit rent was an annual payment of thirty shillings current money of New York. The county fairs to be held in the town were to be increased to two, one in May, the other in October. The borough-town of Westchester remained such until its formation into a township in 1788. The town- ship at the time of its formation in 1788 included the ancient manor of Fordham and the West Farms tract, the history of which will be discussed next; and all the land between the Hutchinson River, the Bronx River, and the Sound, with a northerly boundary at the Eastchester line from Black Dog Brook to the Bronx River. This included about one-half of the present borough. The town was 20 Ads of Assembly, Fowler's Bradford, p. 69, confirmed the nth day of May, 1697. 21 A copy is set forth in Grants No. XXII-G. 46 Colonial Charters further increased by accession of Morrisania, February 22, 1791. It remained intact until May 13, 1846, when the township of West Farms was formed out of its territory. 22 West Farms The town of West Farms, which is now annexed to Bronx County, was formerly a portion of the ancient borough-town of Westchester. The original patent of West Farms comprised the territory between the Fordham line on the north, the Bronx River on the east, the Sound on the south, and Bungay Creek in Morrisania on the west. 1663 On March 12, 1663, Edward Jessup and John Richard- son of Westchester bought from nine Indians a tract of land west of the Bronx River, extending south to the East River and northerly to about the middle of the present lower lake in Bronx Park; the westerly boundary was a small stream called Bungay Creek by the English, or "Sackwrahung" by the Indians; the eastern boundary was the middle of the Bronx River. 23 Another deed from the same Indians to Edward Jessup and John Richardson bears the date March 12, 1664, and it was recorded for Richard- son April 5, 1667 24 The tract was subdivided into twelve farms and was thereafter called the "twelve farms" and since these lay to the west of Westchester, more commonly, the "West Farms," the tract was divided into two equal portions between the two original patentees by a confirmatory patent j666 °f Governor Nicolls, dated April 25, 1666. 25 In the southwest corner of the West Farms strip was a small tract, whose ownership was in dispute between the heirs of the patentees and the Morrises from 1666 to 1740, 22 See also Frederick Van Wyck, Select Patents of Neiv York Towns, A. A. Beauchamp, Boston, (1938) Chapter IV entitled A Borough and Toivn. 23 A carefully compared copy is fully set forth in Grants No. XXIII-A. 2 *A carefully compared copy is fully set forth in Grants No. XXIII-B. 25 A copy is fully set forth in Grants No. XXIII-C. Bronx County 47 when the Manor-lord of Morrisania obtained possession. As there were a number of streams in that locality, the question arose as to which was the Sackwrahung. The West Farms people claimed that it was Bungay Creek, or Brook; Col. Morris that it was a stream to the eastward, called the Wigwam Brook and later, Leggett's Creek and Bond Brook. The disputed strip was long known as the "debatable land." The twelve lots into which the West Farms was originally divided have been long since distributed among numerous proprietors. The town of West Farms, which was erected from the town of Westchester in 1846, contained, besides the original patent of West Farms (1663), the manors of Morrisania and Fordham. Manor of Fordham The manor of Fordham was originally part of the town of Westchester, having been incorporated therein by the Act of 1788, 26 and later formed a portion of the town of West Farms 27 with which town it was absorbed into New York. 28 As will appear later, in 1646 Adriaen van der Donck 2646 bought Colen Donck. Fordham was included in that ter- ritory. 29 Van der Donck's widow conveyed all of Colen Donck to her brother, Elias Doughty. In 1666, Doughty j^^ sold part of the territory to John Archer, 30 and on March 4, 1669, an Indian deed of confirmation was granted to ^g John Archer. 31 In addition to the Doughty tract, Archer acquired other lands from the Indians and eventually became seized in fee of over twelve hundred acres. 26 L. 1788, ch. 64. 27 L. 1846, ch. 279. 28 L. 1873, ch. 613. 30 See p. 49 infra. 30 A copy of the Deed and Receipt are fully set forth in Grants No. XXIV-A. 31 A copy of the deed is fully set forth in Grants No. XXIV-B. 48 Colonial Charters 1671 On November 13, 1671, Governor Francis Lovelace issued letters patent erecting the whole into an enfranchised township or manor of itself to "be holden by the feudal tenor of paying therefor yearly to the Duke of York and his successors upon the first day of March when demanded twenty bushells of good peas." 32 The name given to the manor was Fordham, "Ford" taken from the wading place at the passage commonly called "Spiting Devil" and "Ham" (Saxon) meaning a house. The name may be construed to mean the houses or village at the Ford. 33 1673 In 1673, the inhabitants of Fordham complained of the ill government of John Archer and he voluntarily declared that he renounced the government, authority and patroon- ship of the town, reserving only property and ownership of the lands and houses, at the same time giving the inhabit- ants the right of nominating their own magistrates. 34 The records show that he gave three mortgages to Cornelis Steenwyck. Archer was unable to pay the various loans from Cornelis Steenwyck and the manor thus fell to the mortgagee by foreclosure. By Steenwyck's will the whole manor of Fordham was left to the Nether Reformed Dutch Congregation of the city of New York. The manor was preserved intact until 1755, when by act of the Provincial Assembly the congregation and minister of the church were permitted to sell the lands. KlNGSBRIDGE AND YONKERS The town of Kingsbridge, which eventually became part of Bronx County, 85 was established in 1873. 36 It originally was that part of the township of Yonkers known as Lower Yonkers, and was south of a line drawn from the north- 32 A copy of the patent is fully set forth in Grants No. XXIV-C. 88 Jenkins, S., Story of The Bronx, (1912), p. 61. 34 See Paltsits, Lovelace Min., 1668-1673, (1910) 1:23 et sec, 195-221, 234. 35 L. 1873, ch. 613. se L. 1873, ch. 34- Bronx County 49 west corner of the land belonging to the Sisters of Charity, known as St. Vincent de Paul, due east to the Bronx River. Its northern boundary was the line mentioned above, from the Hudson River to the Bronx; its southern boundary the northern line of the ancient manor of Fordham, from the Harlem River at East 230th Street to a point on the Bronx River between First and Second Avenues, Williamsbridge, and Spuyten Duyvil Creek; its western boundary the Hud- son River. Besides the town of Kingsbridge a very small part of the town of Yonkers, mainly boundary line adjust- ments, was annexed to New York. The first settler of the territory comprising the township ^ .g of Yonkers as it existed before the separation of Kings- bridge was Adriaen van der Donck who received a grant from the Dutch authorities in 1646 for the tract of land called "Nepperhaem." This tract extended north about eight miles from the mouth of Spuyten Duyvil along the east bank of the Hudson, thence easterly to the Bronx River which was the eastern boundary. The southern boundary was Spuyten Duyvil Creek. Although the tract was called "Nepperhaem" in the deed from the Dutch, it was generally known as "Colen Donck" (Donck's Colony) and sometimes, as "De Jonkheer's," which by natural cor- ruption became Yonkers, the "j" in Dutch being pronounced "y." 37 Van der Donck also received deeds of confirmation from the Indians. It was not until 1652, however, that 1652 van der Donck received his patent for a patroonship from the States General. 38 Van der Donck's widow, Mary Doughty, married Hugh ^55 O'Neale and on October 8, 1666, Governor Nicolls granted a confirmatory patent for "Nepperhaem" to them. 89 O'Neale and his wife sold the property to Elias Doughty "Bolton, Hist. W est. Co., (190s), 11:579; O'Callaghan, Hist. N. Neth., (1855), 1:382; Jenkins, Story of The Bronx, (1912), p. 33. 38 Books of Patents, I :s6, in New York State Library, Albany. 39 A carefully compared copy is fully set forth in Grants No. XXV-A. SO Colonial Charters of Flushing, who in turn sold it to Thomas Deleval, Esq., Frederick Philips and Thomas Lewis and on February 1684 19, 1684/5, Thomas Dongan granted a confirmatory patent to their descendants. 40 1693 Finally, by devise and various grants, the whole of the property became vested in Frederick Philipse and was, on June 1 2th, 1693, by royal charter erected into the lord- ship and manor of Philipseborough to be holden of the king in free and common soccage, its lord yielding, render- ing, and paying therefor, yearly and every year the annual rent of £4 12s. 41 The manor was broken up and sold by the Commis- sioners of Forfeiture in 1779 when the property was con- fiscated to the State because the then present owner, Col. Frederick Philipse, had broken his military parole by not returning to Yonkers. 42 This completes the history of the charters and patents to the towns in Bronx County. We shall now take up the charters and patents for Kings County. 40 A carefully compared copy is fully set forth in Grants No. XXV-B; Bolton, Hist. West. Co., (1881), 11:588. 41 A carefully compared copy is fully set forth in Grants No. XXV-C. 42 L. 1779, ch. 25. Kings County 51 THE CHARTERS OF KINGS COUNTY In Colonial times the area covering Kings County as it exists today consisted of the following towns: Breucklen, or Brooklyn; Boswick, or Bushwick; Midewout, or Flat- bush; Amersfort, or Flatlands; Gravenzande, or Grave- send and New Utrecht. These will be discussed in the order in which they have been set forth, starting first with Breucklen, or Brooklyn. Brooklyn The first settlement within the present limits of Brook- 1636 lyn was made in 1636, when some Dutch farmers took up their residence along the shore of Gowanus Bay. At that time they purchased from the Indians the lands lying at Gowanus. 43 In 1637, a few Wallons settled on a bay called 1637 Wahle Bocht, or "the Bay of the Foreigners," which has since received the corrupt appellation of Wallabout. This land they also purchased from the Indians. In 1640, a 1640 ferry was established across the East River from the present foot of Fulton Street and a settlement grew up on the Brooklyn side which was known as the Ferry. 44 Finally, in the year 1645, a settlement was established near the site 1645 of the present Borough Hall and was called Breuckelen (also spelled Breucklyn, Breuckland, Brucklyn, Broucklyn, Brookland and Brookline) until about the close of the eighteenth century, when its orthography became fixed as Brooklyn. The name, Breuckelen, meaning a marsh land, seems to have been suggested by the resemblance of the settlement to that of Breuckelen in Holland. 45 43 See p. 12 supra. 44 Ross, Hist. L. Is., (1902), 1:377. 45 For an interesting monograph on Brooklyn see Bruijkleen Colonie, 1638-IQ18 by Eugene L. Armbruster printed in New York, 191 8, edition limited to 200 copies. LIBRARY - UNIVERSITY OF ILLINOIS 52 Colonial Charters 1646 These early settlers organized a village and municipality and notified Governor Kieft. The proceedings were promptly indorsed and publicly ratified by Governor Kieft in the proclamation of June 12, 1646. According to that proclamation, the inhabitants of the village were author- ized to elect two schepens or magistrates, with power to decide all cases within their jurisdiction, according to their charter; and to adjoin others to their number, should the duties become too onerous. Any persons obstinately oppos- ing these were to be deprived of their share in the land around the village. 46 Later, the magistrates of Brooklyn petitioned Kieft for someone to carry out their orders. Pursuant to this peti- tion, on December 1, 1646, a schout was appointed to assist them, Jan Teunissen was commissioned to fill this office, dependent, however, on the company's schout fiscal at New Amsterdam. 47 1657 It is believed that Governor Stuyvesant granted a general patent to the town of Brooklyn in 1657. 48 One historian 49 states as follows: "There is great reason to believe that there was a General Patent of this town under the Dutch Government, which patent is now lost. What strengthens this idea is, that the first by Governor Nicolls under the English is con- firmatory of some former grant. "August 10th, 1695. The patentees and freeholders of this town sold unto Stephanus Van Cortlandt, the neck of land called Red Hook, containing by estimation 50 acres; which they state in their deed 'was formerly given and granted to the town of Broocklyn, in the year 1657, by Governor Stuyvesant, the Dutch Governor then at that time, and since confirmed by the English Governors, Gover- 4G This proclamation is fully set forth in Grants No. XXVI-A. 47 Ross, Hist. L. Is., (1902), 1:384. « Ibid. 49 Furman, Gabriel — "Notes Geographical and Historical, relating to the Toivn of Brooklyn," (1865), 1 Vol. Kings County S3 nor Nicolls, and Governor Dongan.' Which is very strong proof of there having been a general Dutch Patent for this town." A search for a copy of this patent has been unavailing. If there was one, it probably has been lost or is in the possession of some unknown private person. On October 18, 1667, Governor Nicolls issued a charter 1667 to Brooklyn. This charter was a confirmation to certain inhabitants on behalf of themselves and their associates of any rights previously possessed by them. It set forth the bounds of the town "including within the said bounds and limits, all the lots and plantations lying and being at the Gowanus, Bedford, Walle Bocht and Ferry," stating that all these places were to be included and belong to the "said town of Breucklen." 50 On May 14, 1686, Governor Dongan issued a town j6g6 patent to certain freeholders in behalf of themselves and their associates, the inhabitants of the town of Breucklen. This patent was a confirmation of the Nicolls Patent. It is in substantially the same language as the Nicolls Patent, with no change in terms or description. 51 As far as can be discovered, it is the last Colonial Patent issued to Brooklyn before the Revolution. Bushwick In the early part of the spring of 1640, a number of 1640 Frenchmen applied to Director-General Stuyvesant to 50 The original charter is at present in the Henry E. Huntington Library at San Marino, California. A copy is recorded in Books of Patents, Albany. This one differs slightly from the original and the names are missing. The original has a seal on the first sheet in the upper left hand corner. At one time there was another seal in the lower right hand corner of the last sheet, right below the signature of Richard Nicolls, but this seal has disappeared. A carefully compared copy of the original is fully set forth in Grants No. XXVI-B. A copy of the charter recorded in Albany is also fully set forth in Grants No. XXVI-B' for comparison. A facsimile of the charter in the Huntington Library has been reproduced in Ross, L. I., 1:386-9. 51 A copy is fully set forth in Grants No. XXVI-C. 54 Colonial Charters locate a town on the north east end of Long Island between Breukelen and Middleburgh. Their rights were complied with and a village was laid out between Mespath and Nor- man's Kill, which was named Boswyck. On March 25, 1661 1 66 1, (the population then consisting of 23 families), the following proclamation was issued: "The Director-General and Council of New Netherland, To all those who shall see these or hear them read Health : Be it known, that for the public good, for the further pro- motion and increase of the newly begun village of Boswyck and for the more convenient administration of justice, they have thought necessary to establish in the aforesaid village a subaltern bench of justice, which shall provisionally, con- sist of the following named commissionaries, viz.: Pieter Jansen Witt, Jan Tilje and Jan Cornelissen." 52 It is interesting to note that Prof. H. L. Osgood states on Bushwick 53 as follows: "Of the records of the former Town of Bushwick no trace has been found, though the opinion is expressed that some of them are still in existence." r 667 According to the records of the office of the Secretary of State in Albany, a patent was issued to the town of Bush- wick on October 25, 1667 by Governor Nicolls. 54 1687 The next patent issued to Bushwick was by Governor Dongan. 55 According to the record in Albany, this patent is dated "this (blank) day of February, 1687." 56 It con- firms the grant by Governor Nicolls, mentioning the names of the people to whom Nicolls had granted the patent (which names are missing from our copy of the Nicolls Patent). It also mentions a controversy that had arisen 52 O'Callaghan, L. & Ord. of N. Neth., (1868), p. 389. 53 Osgood, Report on the Public Archives of New York, printed in Annual Report of Amr. Hist. Assn. for 1900. — Gov. Print. Office 1901. 54 A copy of this patent is fully set forth in Grants No. XXVII-A. 55 Albany, Books of Patents, VI:i46. 56 A copy of the patent as it appears in the records in Albany is fully set forth in Grants No. XXVII-B. The original cannot be found. Kings County 55 over the boundary line between New Town and Bushwick, which apparently was settled by a commission appointed by Governor Lovelace and it confirms this settlement, setting forth the boundaries as fixed by the commission. 57 On the 1 2th of August, 1708, Governor Cornbury 1708 granted a further patent to the town of Bushwick, confirm- ing the former Nicolls and Dongan Patents. This patent was granted "in free and common soccage as of our Manor of East Greenwich in the County of Kent within our Kingdom of England." 58 This is the last of the Colonial patents to Bushwick prior to the Revolution. Flatbush In the course of the year 1652, a settlement was com- 1652 menced on Long Island situated in "Vlacke-bos," or Flat- bush, between Breuckelen and Amersfoort, and received from Director Stuyvesant the name of Middlewout (or Midwout). 59 At first, the town did not thrive due to trouble with the Indians who had not been paid for their property. The first Dutch church was founded in Flat- bush by the Rev. Johannes Theodorus Polhemus. The congregation was composed of people from the adjoining towns. Services were performed every Sunday morning. Saturday afternoon sermons were preached alternately at Breukelen and Amersfoort. 60 In the Records of the Court 1656 of Assizes October 1675 mention is made of "A Patent of Flatbush" dated 1656 having been produced, but whether for only a private tract of land or not, it does not say. cl 57 For details of the Boundary Dispute see Paltsits, Lovelace Min., (1910), 1:31 et sec, 235-240. 58 A copy is fully set forth in Grants No. XXVII-C. S9 0'CalIaghan, Hist. N. Neth., (1855), II:i 94 . 60 Ibid., 11:272. 61 O'Callaghan, Hist. N. Neth., (1848 Ed.) in New York Public Library consisting of MSS. notes for a revised edition, Vol. II: opposite p. 271; The Records of the Ct. of Assizes were destroyed in the fire in the Capitol, Albany, 1911. 56 Colonial Charters 1667 On October 11, 1667, Governor Nicolls granted a patent to the town of Flatbush. It was a confirmation to the inhabitants of their possession and enjoyment of the premises, by virtue of purchase from the Indians or other- wise. It then proceeded to set forth the boundaries of the town and granted the rights and privileges of a township. 62 1670 In the year 1670, a claim was interposed to the lands of the town by Eskemoppas, sachem of Rockaway and his brothers, as being the true owners thereof; and the inhabitants, to prevent the consequences of perpetual hos- tility with the new claimants, preferred — for the preserva- tion of peace, and to establish more firmly their title to the lands in dispute, — to agree to the payment of a certain con- sideration which was mutually fixed upon between the parties. The deed or release executed by the said Indians on this occasion was for "All that parcel and tract of land where the said town of Midwout stands, together with all the lands lying therein stretching on the east side to the limits of Newtown and Jamaica, on the south side to the meadow ground and limits of Amersfort; on the west side to the bounds of Gravesend and New Utrecht, and on the north side along the Hills; that is to say, all those lands within the limits aforementioned, that have not been already purchased by any of the inhabitants of the town aforementioned, nor is granted to any in their respective Patents. And also excepting such meadow or valley in the possession of the said inhabitants and in their patent particularly set forth." The deed is dated April 20th., 1670. 63 ^85 On the 12th of November, 1685, Governor Dongan granted a patent to Flatbush, which confirmed the patent of Governor Nicolls and previous purchases from the 62 The original patent is on file in the office of the Commissioner of Records in Kings County. A carefully compared copy is fully set forth in Grants No. XXVIII-A. ^Thompson, Hist. L. Is., (1918), 111:177. Kings County 57 Indians. It also apparently confirmed the settlement of a difference which had arisen over the boundaries between Brooklyn and Flatbush. 64 This is all that can be found in the way of charters or patents to the town of Flatbush prior to the Revolution. Flatlands Amersfoort or Flatlands was originally settled in 1636 1636 by Van Twiller, Wolfert Gerritsen, Andreas Hudde and Jacob Van Coder, who obtained grants of land from the Indians. Van Twiller established a tobacco plantation on part of his section and Gerritsen and Hudde had a well- stocked farm called Achterveldt on theirs. The town was originally called New Amersfoordt, after the birth place of the celebrated Dutch patriot and jurist, Oldenbarnevelt. The Nicolls Charter to Flatlands was granted to the 1667 inhabitants of the town on October 4, 1667. 65 It lays out the boundaries of the town and sets up the rights and privileges of a township. On February 5, 1668/9, Governor Lovelace granted a 1668 charter to the town, confirming the Nicolls grant and also confirming a certain deed of land, dated April 23, 1665. 66 On March 11, 1685/6, Governor Dongan granted a ^35 patent to the town of Amersfoort or Flatlands. This charter confirmed the Nicolls Charter and the settlement of the dispute over the boundary between Flatbush and Flatlands, dated October 17, 1666. It also confirmed the Lovelace Patent and the agreements made by the inhabitants of Flat- lands with the town of Flatbush and Gravesend. 67 Accord- 64 The original patent is on file in the office of the Commissioner of Records, Kings County. A carefully compared copy is fully set forth in Grants No. XXVIII-B. 65 The original charter is owned by the Long Island Historical Society. A carefully compared copy is fully set forth in Grants No. XXIX-A. 66 A copy is fully set forth in Grants No. XXIX-B. 67 The original patent is owned by the Long Island Historical Society. A carefully compared copy is fully set forth in Grants No. XXIX-C. 58 Colonial Charters ing to the records, there were no further patents issued to the town prior to the Revolution. 68 Gravesend The history of the charters to the town of Gravesend is interesting. This is the only town to which the records are more or less complete. These records are in the pos- session of the Commissioner of Records of Kings County. 1642 In 1642, Lady Deborah Moody and her son, Sir Henry, with their followers, came from Massachusetts and settled in the west corner of Long Island "by the express will and consent of the Director General and Council in New Netherland," and called the settlement " 's Gravenzande," after the picturesque village (originally a walled city) of that name at the embouchure of the River Mass, where the ancient counts of Holland held their courts previous to their removal to the Hague. 69 1645 On December 19, 1645, Governor Kieft issued a patent to Lady Deborah Moody and her associates for the forma- tion of the town of Gravesend. It granted to them, their associates, successors, etc. the land in perpetuity as and for their own free land of inheritance. It also gave them "full power and authoritie upon ye said land to build a towne, or townes, with such necessarie fortifications as to them shall seem expedient, and to have and enjoye the ffree libertie of conscience according to ye costome and Manner of Holland, without Molestation or disturbance from anye Madgistrate or Madgistrates, or any other Ecclesiasticall Minister that maye Pre'tend jurisdiction over them, with libertie likewise for them the said pattentees theyre asso- ciates heyres etc; to erect a bodye politique and Civill Com- bination amongst them selves as free men of this province and of the towne of Gravesend, and to make such Civill 68 See also, Frederick Van Wyck, Long Island Colonial Patents, A. A. Beauchamp, Boston, (1935), pp. 3, 131. 69 0'Callaghan, Hist. N. Neth., (1855), 1:258. Kings County 59 ordinances as the Maior parte of ye Inhabbitants ffree of ye sd towne shall think fitting for theyr quiet and peaceable subsisting." 70 On August 13, 1668, Governor Nicolls issued a patent 1668 to the town of Gravesend which is recorded in the office of the Secretary of State. It recites the patent from Gov- ernor Kieft and confirms the same. It also confirms and grants to the patentees "all the privileges belonging to a town within this government." 71 On July 1, 1670, Governor Lovelace issued to the town 1670 of Gravesend a confirmatory patent, concerning which there appears to be a great deal of confusion. However, the facts relating thereto are indisputable, as the apparent discrepancy existing between two apparently conflicting patents is susceptible of a simple explanation. There are apparently two versions of the patent from Lovelace. One is a certified copy of the record of the patent in the office of the Secretary of State. 72 The other is the original patent in the custody of the Commissioner of Records of Kings County. The record in Albany is incomplete as it does not contain the portions of the original which are italicized in the following quotation from it. "The inheritance of all Couney Island (reserving only the priviledge of erecting Hutts for fishing and dryeing of netts there upon occasion for all persons who shall under- take that designe for ye publique good) including all the land within a lyne stretching from the westermost parte of the said island unto the Southermost part of Anthony Jansens old Bowerye their East bounds being the Strome Kill which comes to the Marsh or fflye of Mathew Garret- sons land aforementioned, As also the Meadowe ground and Upland not specified in their former Pattent concern- 70 The original patent is on file in the office of the Commissioner of Records, Kings County. A carefully compared copy is fully set forth in Grants No. XXX-A. 71 A copy of this patent is fully set forth in Grants No. XXX-B. "Book IV of Patents, 66, 67. 60 Colonial Charters ing wch. there have been severall disputes and differences betweene the Inhabitants of the said Towne and their neighbour Francis Browne the which in parte were issued both by my Predecessor and my selfe but since fully con- cluded and determyned betweene them by Articles of Agree- ment, the which articles, I doe hereby confirm and allow." This patent confirms the Kieft and Nicolls grant there- tofore given to the town of Gravesend. Immediately fol- lowing the signature of Governor Lovelace, there appears the notation, above the signature of Mathias Nicolls, secre- tary, "That though it be not particularly mentioned in the w th in wryten Patent, Yet it was intended & meant, & t'is to be understood that y e utmost Lymitts & Extent of y e Bounds of y e Land belonging to y e Towne of Gravesend is to reach to y e Lynes of y e Patents of y e Townes of Flatlands, Flatbush & New Utrecht." The operative words and habendum clause of this patent clearly create and define an estate in fee simple absolute. 73 1686 Cm September 10, 1686, Governor Dongan issued a new patent to the town of Gravesend. 74 This patent amplified, ratified and confirmed all previous grants to the town of Gravesend. This is the last grant made to Gravesend prior to the Revolution. New Utrecht j^ 4S The land opposite Staten Island, on the east side of the Narrows, between Gowanus and Conyen Island, was originally purchased from the Indians in 1645 an d granted 1652 t0 Cornelis van Werckhoven in 1652. After van Werck- hoven's death, in 1657, trie territory lay defiled and waste j6 5 7 and on January 16, 1657, Jacques Cortelyou, van Werck- 73 A carefully compared copy of the original patent is fully set forth in Grants No. XXX-C. Also set forth in Grants No. XXX-C is a copy of the patent on file in Albany for comparison. 74 The original patent is on file in the office of the Commissioner of Records of Kings County. A carefully compared copy is fully set forth in Grants No. XXX-D. Kings County 61 hoven's agent, applied under these circumstances for its erection into a town. This request was complied with. The lands were divided and, in compliment to the city of which Mr. van Werckhoven had been in his lifetime a magistrate, the place received the name of "New Utrecht." 75 Actual settlement did not, however, follow this division of the soil, though some of the patentees had erected houses on their land. The town, therefore, did not prosper and it became necessary to call for the interference of the government, on which occasion the inhabitants demanded "the same exemptions and freedoms as the other towns." An exemption from tithes followed and a sheriff and over- seer were appointed on May 12, 1659, to attend to a few 1659 municipal wants which might arise in such hamlet. Despite this encouragement, New Utrecht contained only 12 houses in the beginning of its fourth year. On February 6, 1660, 1660 orders were issued to palisade the village and to cut down "all the trees within gun-shot so that men might see afar off." A blockhouse was soon after erected and toward 1661 the end of the following year, (December 22, 1661) the town obtained a charter similar to those of other such settle- ments, empowering the inhabitants to elect their magistrates and to hold courts which exercised a like jurisdiction to that of Haerlem. 76 On August 15, 1668, Governor Nicolls issued a charter ^53 to the inhabitants of the town. This charter was a con- firmatory grant, setting forth the boundaries and setting up a township. 77 On May 13, 1686, Governor Dongan issued a charter or ^g^ patent to the town, confirming the Nicolls Patent. 78 This 76 0'Callaghan, Hist, of N. Neth., (1855), 11:185. 76 Thompson, Hist, of L. Is., (1918), 111:150. 77 The original charter is on file in the office of the Commissioner of Records, Kings County. A carefully compared copy is fully set forth in Grants No. XXXI-A. 78 The original charter is on file in the office of the Commissioner of Records of Kings County. A carefully compared copy is fully set forth in Grants No. XXXI-B. 62 Colonial Charters was the last of the Colonial grants to New Utrecht granted prior to the Revolution. New Lots There is still another town in Brooklyn to be considered and that is New Lots, which was formed out of Flatbush on Feb. 12, 1852. 79 Osgood, in his Report of the Public Archives of New York, states that the records of the former town of New Lots have apparently been lost and that no trace of them has been found, although the opinion is expressed that some of them are still in existence. 80 That part of the town of Flatbush which was later called the town of New Lots, was by the Dutch called Ostwout, or East Woods, and was situated eastward of the old settle- ment of Midwout or Flatbush (and connected therewith by a tract of land lying on the northern part of the town, known by the name of Keuter's Hoeck) but whether pur- chased, if at all, before the execution of the deed from Eskemoppas on April 20, 1670, 81 has not been fully dis- covered. However the inhabitants obtained a patent for 1677 it from Governor Andros on March 21, 1677/8, in which about forty of the principal inhabitants are named as patentees. 82 That charter is on file in the New York State Library at Albany. 83 A translation from the English into Dutch was presented to the people, most of them being Dutch, at the time the patent was granted. The Dutch copy erroneously dated March 25, 1677, is among the papers on file at the office of the Commissioner of Records, Kings County. S4 79 French, J. H.— Gazetteer of the State of New York, (1861), p. 373; L. 1852, ch. 417. 80 Osgood, Report on the Public Archives of N. Y., p. 221. 81 See p. 56 supra. 82 Thompson, Hist. L. Is., (1918), 111:178. The date is there erroneously given as March 25, 1677. French's Gazetteer, makes the same error. 83 The copy in Albany is indexed under the name of Arian Lamberts and not under New Lots. 84 A carefully compared copy of the charter is fully set forth in Grants No. XXXII. Queens County 63 THE CHARTERS OF QUEENS COUNTY What is now Queens County originally consisted of four Colonial Towns, viz: Flushing, Hempstead, Jamaica and New Town. The first town which will be discussed is Flushing. Flushing (Vlissingen) The first indication that a patent to Flushing existed prior to 1658 is a statement in O'Callaghan's History of New Netherland, 85 as follows : " . . ., the opportunity was taken to infringe the patent of Flushing and to circumscribe within narrower limits the privileges of its inhabitants." The patents which we have for Flushing are the Kieft Patent of 1645 an d one granted by Governor Nicolls on , February 16, 1666/7 an d another granted by Governor Dongan on March 23, 1685/6. Ross, in his History of Long Island, 86 states that the first charter to the town of Flushing was granted by Kieft in 1645. 87 He also states, as follows : "All town records were destroyed by fire in 1789. In 1792, a copy of the Dongan Patent was furnished from the records in Albany, under the seal of Governor Clinton. The Kieft Patent was issued to eighteen patentees. They were empowered to elect a Schout, to build fortifications 'to have and enjoy the liberty of conscience according to the custom and manner of Holland without molestation or disturbance from any magistrate or magistrates or any ecclesiastical minister.' In return for all this and other privileges they agreed to 'reverently respect the High and Mighty Lords for their Superior Lords and Patroons' and pay a really moderate tax in 'case it be demanded.' " 85 O'Callaghan, Hist. N. Neth., (1855), 11:352. 86 Ross, Hist. L. Is., (1902), 1:528. 87 A copy of this charter is set forth in Grants No. XXXIII-A. 64 Colonial Charters 1666 On February 15, 1666/7, Richard Nicolls granted a patent to the town of Flushing, confirming the Kieft Patent and further extending the privileges of the town to those "belonging to a town within this government." 88 1685 On March 23, 1685/6, Governor Dongan issued a patent to the town of Flushing, confirming the Kieft and Nicolls grants and also confirming the Indian deeds and various boundary agreements. 89 Hempstead 1644 In the spring of 1644, some English families crossed the Sound from Stamford and commenced a plantation on the north side of Long Island, east of Martin Gerritsen's Bay at a site which the Dutch had already called Heemstede, after a place of some respectability of the same name, in the Island of Schouwen, and in the Province of Zealand. In the fall of that year, they obtained a liberal patent of incorporation from Director-General Kieft and the Council, similar to that already granted to other towns, by which they were empowered to manage their local affairs; estab- lish courts of limited civil and criminal jurisdiction, and nominate such among them as possessed public confidence to be afterwards commissioned as magistrates of their own town by the Director General. 90 1666 On March 6, 1666/7, Governor Nicolls granted a patent to Hempstead, confirming the Kieft Patent of 1644 an d setting forth the boundaries and rights similar to the patents to other towns. 91 88 A copy of this patent is fully set forth in Grants No. XXXIII-B. 89 A copy of this patent is fully set forth in Grants No. XXXIII-C. See also, Van Wvck, Select Patents of NeivYork Towns, Boston, (1938), Chapters I, II. 90 O'Callaghan's Hist, of N. Netk., (1855), 1:317. A copy of this patent is fully set forth in Grants No. XXXIV-A. 91 This patent is recorded in Albany, Books of Patents. A copy is fully set forth in Grants No. XXXIV-B. There is another patent recorded in Albany, dated March 6, 1667, from Governor Nicolls. There is a notation, Queens County 65 On April 17, 1685, Governor Dongan issued a confirma- 1685 tory patent to the town of Hempstead similar to other patents to towns at that time. 92 Only a small part of the town of Hempstead was taken into the present Queens County. Jamaica In the spring of the year 1656, a new town was set up 1656 in Canarresse, west of Heemstede, in compliance with the request of some of the inhabitants of the latter settlement, who were desirous of "a place to improve their labors." It was granted the usual municipal privileges, in a docu- ment as follows: "Having seen the request or desire of the inhabitants of the town of Hempstead, and subjects of the province, the governor-general and council have consented and granted unto the aforesaid inhabitants, free leave to erect or build a town according unto their place limited, named Conarise, about the midway from Hempstead, upon such privileges and particular ground-briefs, such as the inhabitants of the New Netherlande generally do possess in their lands; and likewise in the choice of their magis- trates, as in the other villages or towns, as Middleborough, Breuklin, Midwout, and Amersfort. "Done at the fort in New Netherland, this 21st of March, 1656. Peter Stuyvesant. "By order of the governor-general and council of the New Netherlands, "Cornelius Van Ruyven, Secretary." 93 however, at the foot of this patent that "the above patent for Hempstead is recalled." A copy of this patent is also fully set forth in Grants No. XXXIV-C. 92 A copy of this patent is fully set forth in Grants No. XXXIV-D. See also Frederick Van Wyck, Long Island Colonial Patents, A. A. Beauchamp, Boston, (1935), PP- 3, 145- 93 Thompson, Hist. L. Is., (1918), 11:582; Ross, Hist. L. Is., (1902), 1:548; Wood, First Settlement of L. Is., (1828), p. 172. 66 Colonial Charters 1660 I n 1660 a more ample patent was obtained from Director Stuyvesant, incorporating the place by the name of Rust- dorp. In legal transactions, this place was known by the Dutch name of Rustdorp, but by the settlers it was called Gemeco. 94 During the dispute between the English and 1663 the Dutch over the territory of Long Island in 1663, by Proclamation of the king of England, the name of the town was changed to "Crafford" and it has been called by this name from time to time in various documents. 95 1666 On February 15, 1666/7, Governor Nicolls granted a patent to the town of Jamaica. This charter ratified all previous grants and set out the boundaries of the town to be known as Jamaica, at the same time granting "all the privileges belonging to a town within this government." 98 1686 On May 17, 1686, Governor Dongan granted a con- firmatory patent to the town, extending the rights and privileges. 97 Newtown The first record of the town of New Town is a patent to Maspat or Maspath, now Newtown, Long Island, filed 1642 in the office of the Secretary of State at Albany. It was founded by Rev. Francis Doughty, who received the patent, dated March 28, 1642, from Willem Kieft for 13,332 acres at Maspat, now Newtown. 93 During the year 1652 1652, according to O'Callaghan, 99 a settlement was com- menced and located immediately east of the old established plantation of Maspath (apparently the one granted by Kieft) in contradistinction to which it was familiarly called "the New Town," though its legal appellation was Middel- 1656 burgh. On April 12, 1656 the inhabitants of Newtown 9* Thompson, Hist. L. Is., (1918), 11:582, 586. 95 O'Callaghan, Hist, of N. Neth., (1855), II 498. 96 A copy of this patent is fully set forth in Grants No. XXXV-A. 97 A copy of this patent is fully set forth in Grants No. XXXV-B. 98 A copy of this patent is fully set forth in Grants No. XXXVI-A. "O'Callaghan, Hist. N. Neth., (1855), 11:194. Queens County 67 bought the land from the Indians and received a deed for same on July. 9, 1666. 1 Ross, in his History of Long Island, says that on application to Governor Stuyvesant, he granted a town warrant, or charter to the settlers, giving the name of Middelburgh to the place and conferring on the colonists all the privileges which had been awarded to the other towns on Long Island which had asked that favor from him. He states that this was the beginning of New- town. 2 Most of the early records have been lost. In November, 1663, the name was changed to "Hastings" by 1663 proclamation of the king of England. This was pursuant to an open professed allegiance to Connecticut by the citi- zens of Middelburgh. 3 In 1664, under Nicolls, the name was changed to "the ^^ New Towne" and in 1666/7, on the 6th of March, Gov- ernor Nicolls granted a confirmatory patent to the town. 4 On November 25, 1686, Governor Dongan issued a l ^^ ) patent to the town of New Town. This patent confirms the former one granted by Nicolls, although it refers to the Nicolls Patent as being dated the 1 6th day of March, 1666. It also confirms the deed from the Indians, dated the 9th of July, 1666. 5 Thus, is concluded the history of the charters to the Colonial towns in what is now Queens County. *A copy of the deed is set forth in Grants No. XXXVI-B. 2 Ross, Hist. L. Is., (1902), 1:540. 3 Connecticut laid claim to jurisdiction over Long Island under its charter. *A copy of this patent is set forth in Grants No. XXXVI-C. 5 A copy of this patent is set forth in Grants No. XXXVI-D. 68 Colonial Charters THE CHARTERS OF RICHMOND COUNTY State n Island Richmond County or Staten Island was called by the Indians Aquehonga Manacknong, or Eghquaous. Eghqua- ous was the Indian name as recorded by the Dutch. 6 j6 2 6 In the year 1626, Eghquaous or Staten Island was bought by the Director-General and Council from the Indians. 7 1630 In 1630 a patent of the island was granted to Michiel Pauw. According to Stokes in his "Iconography of Man- hattan Island" the name of Staten Island is mentioned for 1637 the first time in this deed to Pauw. 8 On June 16, 1637, 1639 Van Twiller received a deed from the Indians. 9 In 1639 (Feb. 10) David Pietersen de Vries started a plantation on Staten Island where he lived for a year. On February 1640 7> ^40 he leased his plantation and house, for a term of six years, to Thomas Smyth, who bound himself "to clear land sufficient for 2000 palisades." The reason de Vries leased the plantation was "no people had been sent me from Holland, as was stipulated in the contract which I made with Frederick de Vries, a manager of the West India Company." 10 In 1640, Cornelis Melyn, a Dutch merchant, obtained from the Directors in Holland an order for Staten Island, authorizing him to erect the same into a "Collonie." He arrived in New Netherland in the ship "Den Eyckenboon" (The Oaktree) about the middle of the following summer with his wife, children and servants. He settled on Staten 6 Albany, Patents, IV 163; See Grants. XXXVII-B. 7 O'Callaghan, Hist. N. Neth., (1855), 1:104. 8 Albany, Patents Book GG. p. 17; Stokes, Iconography, IV:A 1630 Au 30; a copy of the deed is set forth in Grants No. XXXVII-A. 9 Stokes, Iconography, IV :A 1637 June 16. 10 Voyages of De Vries (trans, by Henry C. Murphy), 129; Records N. Neth. (O'Callaghan's trans.), 1:185 (N. Y. State Library) ; Jameson, Nar. N. Neth., 202, 205. Richmond County 69 Island with 41 colonists. They began to build houses imme- diately, to plough, and to do everything toward the estab- lishment of a good colony, sparing neither money nor work. 11 On June 19, 1642, letters patent were issued, con- ^42 stituting him Patroon of the whole of Staten Island, the Bouwerie of Capt. De Vries excepted, and investing him with all the powers, jurisdictions and pre-eminences apper- taining to that privileged order. Speaking of the Indian troubles of 1643, Melyn said his houses, farms, and every- thing else, were consumed by fire, and his cattle, as well as some of his people, slain, and he, his wife and children forced to flee for their lives and reside at Manhattas until 1647. He added that, as a result of the troubles with the "Eight Men" with Stuyvesant, he (Melyn) and Jochem Pietersen Kuyter were banished by Stuyvesant, and both "departed for Fatherland from New Netherland with the ship The Princess Amelia (de prinses Amalia) in company with Director Willem Kieft." 12 In 1657, the whole of Staten Island was again purchased 1657 from the Indians in order to remove any dissatisfaction that might exist among the native proprietors. 13 This deed was annulled, however, December 22 of the same year. 14 In 1659, Melyn conveyed all his right and title on Staten 1659 Island to the West India Company. The deed is dated June 14, 1659 and was executed in Amsterdam, Holland. 15 In the following year the Directors in Amsterdam pro- ceeded to extinguish the remaining claims on the Island. On November 20, 1660 Baron Frederik van der Capellen ^fo ter Budelhoff, as executor and co-heir of the estate of Baron van der Capellen, sold to the West India Company 11 Melyn's "Remonstrance ..." in Melyn Papers, N. Y. Hist. Soc. Col- lections, (1913), XLVI:io9-i6. 12 Ibid. 13 A copy of the deed is set forth in Grants No. XXXVII-B. 14 Paltsits, Lovelace Min., (1910), 1:45 footnote I, citing AT. Y. Col. MSS., XII :6i, 69. 15 A copy of the deed is set forth in Grants No. XXXVII-C. 70 Colonial Charters "his property on Staten Island with the patronage, Mansion, out-houses, implements of husbandry stock," etc. for the sum of three thousand guilders. 16 On May 23, 1661 1 66 1 Cornelis Melyn was asked by the council of New Netherland if he has "in his care any records or docu- ments" concerning Staten Island. He handed over various petitions, land papers, etc., derived from the years 1640-2, of which a list was made, and he said "he has no others concerning the aforesaid island." 17 By these transactions, Staten Island reverted to the public domain and became "disenthralled from feudal burthens and feudal lords" for the remainder of the Dutch rule. A number of persons, partly Dutch and partly French, from the Platinate, subsequently, in 1661, received grants of land on the south side of the Island where a probable site for a village was next surveyed. 1664 Early in January, 1664 the directors at Amsterdam resolved to allow some Huguenot families to proceed with an adventure from La Rochelle and other parts of France, in their own or other ships, to New Netherland, and to receive gratuitous grants of land there. They sent the resolution to Stuyvesant, enclosed in a letter, which directed him to give every assistance to the new colonists upon their arrival. 18 The new Huguenot village on Staten Island was by ordinance, granted on January 28, 1664, an inferior court of justice by the provincial government, and David d'Amarex, Pierre Billou and Walraven Lutten were named as the first magistrates. Appeal was to the supreme-court of director-general and council, "from all judgments exceed- ing Fifty guilders." The local court was also "authorized to enact proper Ordinances, [providing] that the Corn- fields and Gardens be carefully fenced, kept inclosed, and 16 A copy of the deed is set forth in Grants No. XXXVII-D. "JV. Y. Col. Docs., XIII:2oo-i. 18 Stokes, Iconography, IV :A 1664 Jan. 24; Cal. Hist. MSS., Dutch, 306. Richmond County 71 the broken fences properly repaired." 19 The Huguenots represented by "seven or eight persons," who were to view the land, were particularly pleased with Staten Island as a place for a settlement. 20 The population increased, in the course of a short time and from this time forward the settlement was uninterrupted by any reverses. 21 In 1670 Governor Lovelace re-purchased all of Staten ^ Island from the Indians. The deed dated April 13-15, 1670 granted, "All that Island lyeing & being in Hudsons Ryver, comonly called Staten Island & by y e Indians Aquehonga Manacknong — having on y e South y e Bay & Sendy point, on y e North y e Ryver y e Citty of New Yorke on Manhatans Island, on y e East Long Island, & on y e west y e maine Land of After Coll, or New-Jersey," and pro- vided that on "y e First Day of May next, . . . [the Indians] are to surrend r the possession thereof unto such person or persons as y e Governo r shall please to appoint to see y e same put in Execution." 22 On May 2, 1670 pur- suant to a warrant of Governor Lovelace, Mr. Thomas Lovelace and Mr. Matthias Nicolls took possession of Staten Island by "Turfe & Twigge." 23 In Oct. 1675 by reason of Staten Island's insular posi- x ^e tion, it was given "Juerisdiction of it Selfe; and to have noe further dependence on the Courts of Long Island nor on their Militia." 24 There is no record of the existence of charters from the Dutch or English Governors creating towns on Staten Island, although a careful search was made of all places where there might be any such record. Osgood, in his "Report on the Public Archives, in the State of New 19 A copy of the ordinance is set forth in Grants No. XXXVII-E. 20 N. Y. Col. Docs., XtV:554-55. 2 iO'Callaghan, Hist. N. Neth., (1855), II 427. 22 The Deed is set forth in Grants No. XXXVII-F. 2S See Grants No. XXXVII-F. 24 Min. Com. Court., 1:4. 72 Colonial Charters York," 25 states on Staten Island: "... no records of the four original towns of Staten Island can be found of a date earlier than 1824, and that those since that date in most cases must be very incomplete. The records of the first century and a third of the history of those towns are now totally lacking. Whether they have been lost or wilfully destroyed, or whether they are wholly or in part in private hands, the writer is unable to say; in any case they are inaccessible." Thinking that since Osgood made his report in 1901 some records might have turned up, the matter was dis- cussed with Mr. Charles W. Leng, Secretary and Director of the Staten Island Institute and Mr. Edward C. Delavan, a prominent historian on Staten Island. Mr. Delavan stated that: "No town on Staten Island was created by royal or crown grant. The Southwest corner of the Island was early known as the West corner. Then there was the South Precinct and the North Precinct; the remain- ing five thousand acres or so were included in the Lord- ship and Manor of Castleton." The nearest thing to a town was the Lordship and Manor of Castleton which was granted by Governor Thomas Dongan to Judge John Palmer. Judge Palmer reconveyed the property to Col. Thomas Dongan. 25 Osgood, Public Archives in N. Y. Report of Amr. Hist Assq. (1900). 11:234- GRANTS Numbers I to XXXVII *£££&**-' - .s 1 ^-**"^ '^i 1 ?**- R • »-> pr.'' 1 '** ' but Jacob Kip, Secretary L°lfsaid , _, . „ , . „. TT position 1 The text, in two contemporary copies, was discovered by Victor Hugo s hall be Paltsits in the course of researches made in 191 1 for Stokes' Iconography of made by Manhattan Island. He recognized their importance as the fundamental the Di- source of the origin of municipal government in this city. A reproduction ^ , is given on Stokes, Iconography, [IV:P1. 9 (a to e, inclusive)] of one of anc j t h e these copies, which was made by Jacobus Kip, first secretary of New Council, in Amsterdam, in 1656, when, upon the dismissal of Cornelis van Tienhoven accordance from all offices he had held, including that of schout of the city, the city . fathers again sought, at a time they deemed most opportune, to have a given them. separate city schout, free from provincial entanglements. The form of government is accompanied by coordinate correspondence, and marginalia explain the judgments of Stuyvesant and his council with respect to the request of the city officials, dated June 7, 1656. (See Rec. N. Am. 11:109-11, for translation.) A translation of all these papers, made for Stokes, Iconography by Arnold J. F. van Laer, accompanies their reproduction in that work. It is with the kind permission of Mr. Stokes that that translation is printed herein. The second copy is in the handwriting of Hans Bontemantel, one of the directors at Amsterdam, who was actively interested in the business of the 178 Colonial Charters [No. VI] Copy The Director General and Council, taking into considera- tion the last pre- ceding orders, ad- vice and communi- cation from the Hon. Directors, dated the 26th of April of last year, 1655, whereby the Hon. Patroons advise to have the duties of schout of this city provision- ally per- formed by the fiscal, therefore, the Director General and Council, without counter order, or at least without further advice and notice from the aforesaid Hon. Directors, can not make any separation therein. Done at Fort To the Right Honorable Gentlemen, the Hon. Director General and the Hon. Council of New Netherland. Show with due reverence and respect, the burgomasters and schepens of the city of Amsterdam in New Netherland, That they are reliably informed that the Hon. Cornelis van Tienhoven has by the Hon. Patroons of this province been discharged from the positions which he has occupied here in this country, and consequently also from the office of schout of this city, which he has also held until this time. And whereas the Right Hon. Directors of the West India Company, Chamber at Amsterdam, the lords and patroons of this province (upon the request to that effect made both by the commonalty and by the petitioners' predecessors) have in their Honors' communication, dated the 1 8th of May 1654, been pleased to order that the position of schout of this city should be separated from the fiscal's office, as appears from the copy thereof hereto annexed; Therefore, they, the petitioners, hereby respectfully pray your Honors (since the Hon. Cornelis van Tienhoven has been discharged from all his offices) that your Honors, in pursuance of said communication, may be pleased to appoint a reasonable, intelligent and competent person from among the burghers or inhabitants here as Schout of this city, whereby justice will be maintained and the flourishing con- dition of this just or newly commencing city may be more and more promoted. West India Company and in its affairs in New Netherland. His copy was perhaps made from Secretary Kip's transcript, as both are found among N. Net/i. Papers, in the New York Public Library, and formerly belonged to a larger collection of Bontemantel's papers. It consists only of the "Form of government in New Netherland. A° 1653," a heading which he gave it. This copy is broken up into groups, with numerous paragraphs, some of which have headings as, for example, "Burgomasters' Jurisdiction," "Schepens," and "Oath of Burgomasters and Schepens." Bontemantel reproduces none of the marginalia found in the Kip copy, but he has added a few marginal notes of his own, mainly explanatory of divergences with respect to the authority given to the burgomasters of New Amsterdam as compared with the practice pertaining to burgomasters in old Amsterdam. (Stokes, Iconography, IV:i32.) [No. vi] Grants 179 Awaiting hereupon your Honors' favorable disposition, Amster- dam, in we remain, New Your Honors' obedient servants, the burgomasters and , Net ^ er " h schepens of the city of Amsterdam in New Netherland. 7th of June Below was written: By order of the same. Signed: ^as l 5 ' Jacob Kip, Secretary. s'tSylel . . , . ... sant. Below Agrees with the original, wa s Jacob Kip, Secretary border of the Hon. [Form of Government in New Netherland A 1653]* General' NT • • anC * xr e T 1 j The Director General and Council of New Netherland Council of Netherland # j^ ew Govern- hereby make known that the Hon. Directors of the Nether- Chartered West India Company, Chamber at Amsterdam, \* nd - , . Signed: lords and patroons of this province, have thought nt, under c.v: Ruy- the high authority of their Director General and Council secretary of New Netherland, to favor this new and growing city of New Amsterdam and the inhabitants thereof with a court of justice, to be constituted as far as possible and as the circumstances of this country permit according to the laudable custom of the city of Amsterdam, name-giver to this newly developing city, however, in such a way that all judgments shall remain subject to reversal by and appeal to the Director General and Council, to be by them finally disposed of. As to the appointment of the judges requisite thereto, the aforesaid honorable patroons order that qualified, honorable, reasonable, intelligent and the most well-to-do persons be chosen and selected, who are neither corrupt nor opponents of the aforesaid lords patroons or their government here established, but peace loving and well affected subjects, being native born or real estate owning 2 This marginal note is in the handwriting of Hans Bontemantel, from whose copy the title in brackets is supplied. 3 See footnote, 2, supra. 180 Colonial Charters [No. vi] inhabitants, who according to the laudable custom of Amsterdam have been for at least seven years burghers here in this city, or else were born and brought up within the provinces of the United Netherlands, promoters and professors of the Reformed religion, as in conformity to the word of God and the regulations of the synod of Dordrecht it is at present taught in the churches of the United Netherlands and here in this country. Which court of justice, for the present time, until it shall be otherwise ordained or enlarged by the aforesaid Hon. Directors or their agents, shall at first consist of two burgomasters and five schepens, who from now on shall be chosen and sworn by the Director General and Council on the 2d of February (not being a Sunday), and shall be served by a secretary or clerk and an ordinary sworn messenger, of whom yearly a certain number shall be changed and some continue in office in order to inform the newly appointed members as to the preceding business. As to the burgomasters, whose particular duty and function it is to see to the proper administration, order and welfare of the city, extending between the two rivers to the Fresh Water, they are also to take care that proper quiet, peace and harmony prevail among the commonalty; However, in such a way that by the aforesaid burgo- masters no new offices or ordinances shall be made, much less bestowed or published, without the previous knowledge, approval and confirmation of the Director General and Council, as representatives of the sovereignty and supreme government, but the burgomasters shall have the right (what concerns them particularly and is especially recom- mended to them), to propose and report to the Director General and Council what they consider necessary for the good order, peace, quiet, welfare and government of the burghers, wherein then, in the presence of the burgomasters, by laws and ordinances such provision shall be made as the circumstances shall demand. [No. vi] Grants 181 And furthermore, from this time forth there is reserved to the burgomasters the care and supervision of the align- ment of houses, streets and fences, in order that within this city the same may be built and laid out in orderly fashion. Likewise, they are to see to it that at a convenient time this city be properly accommodated and provided with the necessary public buildings, such as churches, schools, a court house, weigh house, charitable institutions, dock, pier, bridges and other similar works, for which buildings, as in course of time and with the increase of population they become necessary, there will necessarily be required sub- sidies and funds, which must of necessity be procured from the burghers and inhabitants according to circumstances. Therefore, the burgomasters, but with the advice of the schepens and the approval of the Director General and Council, shall have power and authority to lay a reasonable tax on the burghers and inhabitants to meet the needs of this city and also to impose fines and penalties on the unwill- ing contraveners and to levy them by execution. In case any orphan masters, church masters, surveyors, fire wardens, or other similar officers should be found necessary, the burgomasters shall report this to the Director General and Council and the need thereof being understood and acknowledged, the burgomasters shall have the absolute nomination of the persons thereto needed and qualified, but the appointment and confirmation shall depend on the Director General. As to the court of schepens, although the burgomasters of Amsterdam, the name-giver to this city, properly speak- ing have no judicial authority in conjunction with the schepens, whether over inhabitants or burghers, or in criminal or civil matters, nevertheless, since the schepens for the present are still weak and the honorable lords patroons have thought fit to compose the court of justice of two burgomasters and five schepens, the burgomasters will until further order in the sessions of the court of schepens have 182 Colonial Charters [No. vi] an advisory and a casting vote and when present alternately preside, the vice presidency being annually occupied by the oldest schepen, and all this until it shall be otherwise ordained or decided by the aforesaid patroons or their agents here. Which burgomasters and schepens, according to circum- stances, shall meet at least once or twice a week at a regular time and place to be decided upon and made known by them, to hear, examine and determine, whether by judg- ment or arbitration, according to the circumstances of the case, all civil questions which are moved or brought before them, also criminal offenses of a minor degree, hereinafter more fully specified. However, if they find the case fit to be arbitrated and the parties disposed thereto, the arbitration shall be con- ducted completely out of court by both the burgomasters and those whom they according to the circumstances of the case may wish to adjoin to themselves from among the schepens or other honest burghers, yes, even, if the burgo- masters should find the matter of sufficient importance, from among the council, from which arbitration there shall lie no bill of review or appeal. And before the said court of burgomasters and schepens must needs be brought in the first instance all matters amounting to one hundred guilders or less (the arrest made by the fiscal excepted) ; also all actions of slander, or differ- ences of words between lord and vassal, master and servant, mistress and maid, neighbour and neighbour, buyer and seller, tenant and landlord, gentleman and workman and other such like questions. Likewise, all criminal actions consisting of acts, threats, fights, or wounding, whether they be brought or instituted before the aforesaid court by the parties, or by the fiscal (representing until further order the schout of the city). Likewise, before the said court, until further order and increase of population, shall be subject to be cited, be com- [No. vi] Grants 183 pelled to appear and be amenable not only the burghers and inhabitants of this city of New Amsterdam, for the present extending to the Fresh Water, together with the arriving passengers, merchants, traders, skippers, masters of sloops and their sailors, so long as they remain on the roadstead or in the harbour of this city, but also all other inhabitants of Manhattan island, as well as the inhabitants of Amersfoort, Breuckelen and Midtwout and all those residing in the adjacent territory across the East and North rivers, who thus far enjoy no court of justice either by patent from the aforesaid lords patroons or their agents, and all this until such time as it may be otherwise ordained or decided by the aforesaid lords patroons or their agents, who refer to them the duty of ordering, installing and appointing such officers and judges in and outside of this city as they accord- ing to the population and increase of colonies, cities, vil- lages, hamlets and inhabitants shall deem suitable for the more convenient administration of justice. All those who desire to have some one summoned before the aforesaid court of justice shall do so through the ordi- nary court messenger, to be qualified thereto by the Director General and Council, at least twelve hours before the case is called, when the contending parties shall be bound to appear in their own person, without either of them, be he plaintiff or defendant, being allowed to be assisted by advocates, attorneys, or any one else, except women, imbeciles and minors, who may appear with their guardians, and those who are either sick or who have traveled out of the jurisdiction shall in such case be allowed to appoint some one in their stead, who is neither an advocate nor an attorney, nor occupies himself with any legal business, nor receives compensation therefor. The aforesaid burgomasters and schepens may in the suits between the parties appearing before them decree the providing of a deposit, definite condemnation, or discharge, 184 Colonial Charters [No. vi] as they according to the circumstances of the case shall deem proper. In cases of injury, whether by words or deeds, they shall as above stated use diligence as arbitrators to make the parties agree and pacify them if possible. If not, they shall refer the complete account of the proceedings and the docu- ments to the Director General and Council and upon the decision thereof impose a penalty to keep the peace. In case the defendant, being duly cited, does not appear in person as hereinbefore stated, default shall be decreed against him, and upon the second default the schepens may order a deposit to be made and authorize the plaintiff, especially if he be a stranger, to take out the sum demanded, upon security or guaranty of restitution, if such should afterwards be deemed proper. And if thereafter the case against the defendant, upon a third citation, be called to purge himself of his second default, or hear judgment pronounced, the burgomasters and schepens shall, if the defendant even then fails to appear, change the aforesaid deposit, by a judgment by default, to a definite condemnation, if the case lends itself thereto. In cases and questions of slander, the burgomasters and schepens may by the court messenger summon the parties to appear in person, under penalty of forfeiture of one daelder [one and a half guilders] for the first default, of forfeiture of three guilders for the second time and of forfeiture of one pound Flemish [six guilders] for the third time. The parties even then failing to appear, the aforesaid burgomasters and schepens may refer them to the Director General and Council, provided that they shall first levy the aforesaid fines by execution, one half to be for the benefit of the said gentleman and the other half to be employed at their discretion. The fines for default which the parties shall incur before the aforesaid court shall be, for the defendant, the first [No. vi] Grants 185 time eight stuivers, the second time twelve stuivers, and the third time sixteen stuivers, and for the plaintiff as much again, to be applied as above. Of which defaults a record shall be kept as well by the court messenger on the ordinary roll, as by the secretary or clerk in the minutes. From all definite judgments rendered by the aforesaid burgomasters and schepens in civil as well as in criminal matters and above one hundred guilders (with the exception of judgments default), the parties who find themselves aggrieved may appeal to the Director General and Council of New Netherland, provided that the appellant first of all deposit the moneys or goods mentioned in the definite judgment and pay the costs of the suit, if he has been con- demned to do so. Furthermore, the appellant shall be bound to have the appeal entered by the clerk or secretary within the space of ten days after the pronunciation of the judgment and to prosecute the same at the first meeting of the Director General and Council, or by petition, within the space of twenty days, to give notice thereof to the Director General and Council. The appeal being granted, he shall deposit in the hands of the Supreme Council twelve guilders, which shall be returned to him in case the judgment from which he appeals is modified. It being the proper function of the burgomasters and schepens to render law and justice between the contending parties, they shall practise the same according to the written laws of our fatherland, especially, as far as is possible and the nature of the case will permit, according to the laudable customs and ordinances of the city of Amsterdam and the ordinances issued by the Director General and Council, which shall be duly observed. But if parties litigating before them either in the court room or out of it insult them in their official capacity or in person, by word or gesture, or insult each other, the court may by preemptory execution fine or punish them according to the nature of the 186 Colonial Charters [No. vi] offense, the penalty not to exceed the sum of twelve guilders. Finally, the burgomasters and schepens shall cause this and all other privileges, orders and instructions which from time to time may be issued by the aforesaid Hon. Directors or their agents in this city to be registered and kept in a register, to which the burgomasters and schepens who are in office may either jointly or individually have recourse as often as they please, without it, however, being necessary or permissible for them privately to make extracts there- from. Thus, until further amplification, provisionally done at the meeting of the Hon. Director General and Council of New Netherland, this 2d day of February anno 1653, in New Netherland. Was signed: P. Stuyvesant, La Mon- tagne, Brian Newton and Cor: van Tienhoven. We, the burgomasters and schepens, qualified thereto by the Director General and Council promise and swear in the presence of Almighty God, saving our former oath of allegiance to the High and Mighty Lords the States General of the United Netherlands as sovereigns, the Hon. Directors of the Chartered West India Company as lords and patroons of this New Netherland province, and their Director General and Council already appointed or here- after to be appointed, that we, in our aforesaid capacity, to the best of our knowledge shall administer true law and justice between parties in cases brought before us, without any passion of favor or disfavor; that we shall promote and help promote the welfare of this city and the inhabitants thereof; that we shall [uphold] the honor of God and his pure religion as in conformity to the word of God and the regulations of the synod of Dordrecht it is taught in the churches of the Netherlands and here, and no other; that we shall maintain and help maintain the high jurisdiction [No. vi] Grants 187 of the aforesaid lords patroons and their supreme govern- ment already established or hereafter to be established; and that we shall bar and help bar whatever in any way shall conflict therewith. So help us God Almighty. And by virtue of the foregoing there have been chosen and appointed: As burgomasters Joncker Arent van Hatten, formerly schepen of the city of Culemborch, steward of the county domain and mem- ber of the pelder board of the said county, and at present captain of the burgher guard here. Marten Cregier, old inhabitant of this city, formerly a representative of the commonalty and at present also a captain of the burgher guard. As schepens Paulus Leendersen van der Grift, from Amsterdam Willem Beeckman, from Sutphen, both former representa- tives of the commonalty and lieutenants of the burgher guard Pieter Wolfersen van Couwenhoven, one of our inhabitants of this province and a former deacon Maxsimiljan van Gheel Allardt Antony, both from Amsterdam, sworn burghers and merchants here Was signed: P. Stuyvesant V. 1 Instructions for the secretary or clerk of the Inferior Court of Justice In the first place, he shall be bound to attend the ordinary as well as the extraordinary sessions and court days of the burgomasters and schepens, in order to serve the court with his pen and make a perfect record according to the true intent and meaning of all that the presiding officer shall order him to write. 188 Colonial Charters [No. vi 2 He shall take care to enter in the minutes the complaint of the plaintiff as well as the answer of the defendant, according to their true intent and meaning, without any favor or ill will, or regard of persons, and, after the mem- bers have expressed their opinions, on the order of the presiding officer note the final conclusion underneath. 3 In case there should on any point be any difference of opinion among the burgomasters and schepens, the vote of the majority shall be followed according to the rules of procedure, but he shall not be at liberty to divulge outside the court the opinion of the minority, but if requested to do so by the minority he may enter their opinion underneath the order or decision of the majority. 4 After the adjournment of the court he shall carefully copy into a register the complaint and the answer of the parties and all the orders of the burgomasters and schepens, and once or twice a year deliver an authentic copy thereof to the secretary's office of the Director General and Council. 5 For each order issued by the burgomasters and schepens, or entered on the margin of a petition, he shall be entitled to receive a fee of twelve stuivers for writing, and for enter- ing the same in the minutes six stuivers. 6 In order to accommodate residents as well as strangers, he shall be at liberty to draw up petitions for whoever asks for it, provided that he causes the same to be signed by the petitioner, for which he shall receive a fee of sixteen stuivers if the petition has to do with civil matters, and otherwise twenty stuivers if the petition relates to questions [No. vi] Grants 189 of slander of minor offenses, and for drawing up an affidavit he shall receive twenty-four stuivers. 7 But petitions and remonstrances which by order of the burgomasters and schepens are to be presented or exhibited in their official capacity to the Director General and Council, together with all other writings and instruments drawn up by order of the aforesaid burgomasters and schepens, he shall write gratis on the yearly salary promised him by the Director General and Council. 8 Finally, he shall promise and swear to practice and per- form all that is hereinbefore mentioned to the best of his ability and knowledge and furthermore, for so far as his capacity is concerned, to promote and help promote the honor of God and his pure religion, the sovereignty of the High and Mighty Lords the States General, together with the high jurisdiction and authority of the Hon. Directors and their supreme government, already established, or here- after to be established, without planning, much less prac- tising, anything contrary thereto. So truly may God Almighty help me. And to the aforesaid office was chosen and appointed Jacob Hendricksen Kip, formerly chief clerk in the secre- tary's office of the Director General and Council of New Netherland. Done in Council, this 2d of February 1653, in Fort Amsterdam. Was signed: P. Stuyvesant La Montagne Brian Newton Cor: van Tienhoven 190 Colonial Charters [No. vii] No. VII ORDINANCE 1 Of the Director General and Council of New Netherland declaring who may be admitted Great and Small Burghers. Passed i February, 1657. The Director General and Council of New Netherland, To all those who see these presents or hear them read, Greeting, make known. That they, out of consideration of the good and voluntary services, expeditions, watches and other burthens, which the Burghers have hitherto done and borne, and in the hope and confidence which the Director General and Council still indulge, of their continuance and perseverance therein, have, on the humble petition of the Burgomasters and Schepens, privileged and favored the Burghers and good Inhabitants of this City, with a Great and Small Burgherright, as can be more fully seen by the grant of privilege made to the Burgomasters and Schepens, in amplification of that already bestowed; And whereas, in all beginnings, something or somebody must be the first, so that thereafter a distinction and difference may be made, therefore, also, the necessity of such distinction being founded on reason, in the establish- ment of the Great and Small Burgherright, whereof the Burgomasters and Schepens have, by petition to the Director General and Council, requested further explanation, speci- fication and distinction as to who, and what class are, for the present, to be included in the Great, as well as in the Small Burgherright, the Director General and Council of New Netherland, invest, qualify, and favor with the Great Burgherright, 1 The original record of this ordinance appears in Duch in N. Y. Col. MSS., VIII 1442; XVI:ios, in the N. Y. State Library. The present copy is reproduced from a translation by E. B. O'Callaghan in his L. & Ord. N. Neth., (1868), p. 301. [No. vii] Grants 191 First, those who have been, and at present are in the High or Supreme government of the Country, them and their descendants in the male line. Secondly, all former and actual Burgomasters and Schepens of this City, their descendants in the male line. Thirdly, the Ministers of the Gospel, formerly and at present in office, them and their descendants in the male line. Fourthly, the commissioned officers to the Ensign inclu- sive, of the City regiment, them and their descendants in the male line. All with this understanding, that the above mentioned gentleman and persons, for themselves or their descendants in the male line, have not lost nor forfeited Burgherright by absence from the City and by not keeping fire and light; agreeably to the laudable custom of the City of Amsterdam in Europe. Further, all others who desire and are inclined, or here- after may be desirous and inclined, to be enrolled in the Great Burgherright, and to enjoy the privileges and benefits thereof, shall, according to the foregoing grant, apply for the same to the Burgomasters and receive it, on paying therefor the sum of Fifty guilders, Dutch money, or the equivalent thereof. With the Small Burgherright are invested and favored, First, all those who have resided and kept fire and light within the City one year and six weeks. Secondly, all born within this City. Thirdly, all who have married, or may hereafter marry, native born daughters of Burghers, provided that the Burgherright be not lost or forfeited by absence from this City, or by not keeping fire and lights in conformity as aforesaid. Further, all others who either now or hereafter will keep any shop, however it may be called, and carry on business within this City or the jurisdiction thereof, shall be bound to apply to the Burgomasters for the Small Burgherright, 192 Colonial Charters [No. vii] and pay therefor Twenty guilders Dutch money, or the equivalent thereof. All Servants of the Hon ble Company under wages, also Passengers and New-comers who will settle elsewhere, pro- vided they do so within six weeks, remain alone exempt from applying for Burgherright, for the exercise of all sorts of handicraft and the practice thereof. The moneys arising from the receipt of the Burgherright shall be received by the Burgomasters, and by them expended principally in the strengthening and circumval- lation of this City. In order that all this may be the better and more regu- larly practiced, observed and obeyed, the Burgomasters are ordered and authorized to make out, or cause to be made out on the first, and all following occasions, correct Lists of those who, according to the tenor hereof, are invested, qualified and favored, either with the Great or Small Burgherright, and of those hereafter who obtain and receive the same, and have a true Register thereof made, and when done, deliver a copy thereof into the Office of the Secretary of the Director General and Council. Thus done, resolved, resumed and enacted in the Assembly of the Director General and Council of New Netherland, holden in Fort Amsterdam, in New Nether- land, the 2 February, A° 1657. [No. viii] Grants 193 No. VIII FIRST GRANT TO THE DUKE OF YORK, 1664. 1 Charles the Second By the grace of God King of England Scotland ffrance and Ireland defender of the ffaith etc TO ALL to whom these presents shall come Greeting KNOW YEE that wee for divers good Causes and Consideracons us thereunto moveing HAVE of our especiall grace certaine knowledge and meere mocon given and Graunted And by these presents for us our heires and Successors Doe give and Graunt unto our dearest Brother James Duke of Yorke his heires and Assignes ALL that part of the Mayne land of New England begining att a certaine Place called or knowne by the name of St. Croix next adyoyneing to New Scotland in America and from thence extending along the Sea Coast unto a certaine Place called Petuaquine Pemaquid and (soe) upp the River thereof to the furthest head of the same as itt tendeth Northwards and extending from thence to the River of Kinebequi and soe upwards by the shortest course to the River Cannada Northward And alsoe all that Island or Islands comonly called by the severall name or names of Matowacks or Long Island scituate lyeing and being towards the west of Cape Codd and the Narro Higansetts abutting upon the Mayne land betweene the twoe Rivers there called or knowne by the severall names 1 The present copy is reproduced from a copy printed in N. Y. Col. Laws, 1:1-5, in which the following note appears: "The original parchment of the grant to the Duke of York is in the N. Y. State Library, and has become very indistinct. The grant is also recorded in the office of the Secretary of State in vol. i of patents, at p. 139. The following copy of the grant is made from a carefully compared copy of the original parchment contained in a 'Report of the Regents of the University on the Boundaries of the State of New York,' transmitted to the legislature May 28, 1873. Words interlined in the original parchment are here inclosed in parentheses." There is another contemporary copy or transcript, in the form of a signet bill, preparatory to the issuance of the grant; and hence filed in the Privy Seal office, London. — See Andrews, Guide . . . Public Record Office (Wash., 1912), 1:273. 194 Colonial Charters [No. vni] of Conectecutte and Hudsons River. Together alsoe with the said River called Hudsons River and all the land from the west side of Connectecutte River to the East side of De la Ware Bay And alsoe all those severall Islands called or knowne by the names of Martin Vinyards and Nantukes otherwise Nantukett Together with all the lands Islands Soyles Rivers Harbours Mynes Mineralls Quarries Woods Marishes Waters Lakes ffishings hawking hunting and ffowleing and all other Royalties proffitts Comodities and hereditaments to the said severall Islands lands and premises belonging and appertaineing with their and every of their appurtencs AND all our Estate right title interest benefitt advantage Clayme and demaund of in or (to) the said lands and premisses or any part or parcell thereof AND the Revercon and Revercons Remaynder and Remaynders to- gether with the yearely and other the Rents Revenues and proffitts of all and singuler the said premisses and of every part and parcel thereof TO HAVE AND TO HOLD ALL and singuler the said lands Islands hereditaments and prem- isses with their and every of their appurtenncs hereby given and Graunted (or hereinbefore menconed to bee given and granted) unto our said dearest Brother James Duke of Yorke his heirs and Assignes for ever To the only proper use and behoofe of the said James Duke of Yorke his heires and Assignes for ever To bee holden of us our heires and Successors as of our Manor of East Greenwich in our County of Kent in ffree and Comon Soccage and not in Capite or by Knights Service YIELDING AND REN- DERING And the said James Duke of Yorke Doth for himselfe his heirs and Assignes covenant and promise to yeild and Render unto us our heires and Successors of and for the same yearely and every yeare ffortie Beaver Skynns when they shall bee demanded or within Nynety days after AND WE DOE FURTHER of our especiall grace certaine knowledge and meere mocon for us our heires and Suc- cessors give and Graunt unto our said dearest Brother James [No. viii] Grants 195 Duke of Yorke his heires Deputyes Agents Commissioners and Assignes by these presents full and absolute power and authority to Correct punish Pardon Governe and Rule all such the Subjects of us our heires and Successors as shall from tyme to tyme Adventure themselves into any the parts or Places aforesaid or that shall or doe att any tyme thereafter Inhabite within the same according to such Lawes Orders Ordinances direccons and Instruments as by our said dearest Brother or his Assignes shall bee established And in defect thereof in Cases of necessitie according to the good discreccons of his Deputyes Commissioners Officers or Assignes respectively as well in all Causes and matters Capitall and Criminall as Civill both Marine and others SOE ALLWAYES as the said Statutes Ordinances and Proceedings bee not contrary to but as neare as con- veniently may bee agreeable to the Lawes Statutes and Government of this our Realme of England AND SAVE- ING and reserveing to us our heirs and Successors the receiveing heareing and determineing of the Appeale and Appeales of all or any Person or Persons of in or belonging to the Territories or Islands aforesaid in or touching any Judgment or Sentence to bee there made or given AND FURTHER that it shall and may bee lawfull to and for our said dearest Brother his heires and Assignes by these presents from tyme to tyme to Nominate make Constitute Ordeyne and Confirme by such Name or Names Stile or Stiles as to him or them shall seeme good and likewise to revoke discharge Change and alter as well all and singuler Governors Officers and Ministers which hereafter shall bee by him or them thought fitt and needfull to bee made or used within the aforesaid Parts and Islands and alsoe to make Ordayne and Establish all manner of Orders Lawes direccons Instruccons formes and Ceremonies of Govern- ment and Magistracy fitt and necessary for and concerneing the Government of the Territories and Islands aforesaid soe allwayes as the same bee not contrary to the Lawes and 196 Colonial Charters [No. vni] Statutes of this our Realme of England butt as neare as may bee agreeable thereunto And the same att all tymes here- after to putt in Execucon or abrogate revoke or change not only within the Precincts of the said Territories or Islands butt alsoe upon the Seas in goeing and comeing to and from the same as hee or they in their good discreccons shall thinke to bee fittest for the good of the Adventurers and Inhabi- tants there AND WE DOE FURTHER of our especiall grace certaine knowledge and meere mocon Graunt Ordeyne and Declare That such Governors Officers and Ministers as from tyme to tyme shall bee authorized and appointed in manner and forme aforesaid shall and may have full power and authority to use and exercise Marshall lawe in cases of Rebellion Insurreccon and Mutiny in as large and ample manner as our Leiftennants in our Countyes within Our Realme of England have or ought to have by force of their Comission of Leiutennancy or any lawe or Statute of this our Realme AND WE DOE further by these presents for us our heires and Successors Graunt unto our dearest Brother James Duke of Yorke his heires and Assignes that itt shall and may bee lawful to and for the said James Duke of Yorke his heires and Assignes in his or their discreccons from tyme to tyme to Admitt such and soe many Person and Persons to Trade and Traffique unto and within the Territoryes and Islands aforesaid and into every or any part and parcell thereof And to have possesse and enjoye any lands or hereditaments in the parts and Places afore- said as they shall thinke fitt according to the Lawes Orders Constitucons and Ordinances by our said Brother his heires Deputyes Comissioners and Assignes from tyme to tyme to bee made and established by virtue of and according to the true intent and meaneing of these presents and under such Condicons reservacons and Agreements as our said Brother his heires or Assignes shall sett downe Order direct and appoint and not otherwise as aforesaid AND WEE DOE FURTHER of our especiall grace certaine knowledge and [No. viii] Grants 197 meere mocon for us our heires and Successors give and Graunt to our said deare Brother his heires and Assignes by these presents that itt shall and may bee lawful to and for him them or any of them att all and every tyme and tymes hereafter out of any Our Realmes or Dominions whatso- ever to take lead Carry and Transport in and into (their) Voyages and for and towards the Plantacon of our said Territoryes and Islands all such and soe many of our love- ing Subjects or any other Strangers being not prohibited or under restraint that will become our loveing Subjects and live under our Allegiance as shall willingly Accompany them in the said Voyages Together with all such Cloathing Implements ffurniture and other things usually transported and not prohibited as shall bee necessary for the Inhabitants of the said Islands and Territoryes and for their use and defence thereof and maunaging and Carrying on the Trade with the People there and in passing and returneing to and fro YEILDING AND PAYING to us our heires and Suc- cessors the Customes and Duties therefore due and payable according to the lawes and Customes of this our Realme AND WEE DOE alsoe for us our heires and Successors Graunt to our said dearest Brother James Duke of Yorke his heires and Assignes and to all and every such Governor or Governors or other Officers or Ministers as by our said brother his heires or Assignes shall bee appointed to have power and authority of Governement and Commaund in or over the Inhabitants of the said Territoryes or Islands that they and every of them shall and lawfully may from tyme to tyme and att all tymes hereafter for ever for their severall defence and safety encounter expulse repell and resist by force of Armes as well by Sea as by land and all wayes and meanes whatsoever all such Person and Persons as without the speciall Lycence of our said deare Brother his heires or Assignes shall attempt to inhabite within the severall Precincts and Lymitts of our said Territories and Islands AND ALSOE all and every such Person and Per- 198 Colonial Charters [No. vm] sons whatsoever as shall enterprize or attempt att any tyme hereafter the distrucon Invasion detriment or annoyance to the Parts Places or Islands aforesaid or any part thereof AND LASTLY OUR WILL and pleasure is and wee doe hereby declare and Graunt that these our Letters Pattents or the Inrollment thereof shall bee good and effectuall in the Law to all intents and purposes whatsoever NOT- WITHSTANDING the not reciteing or menconing of the premisses or any part thereof or the Meets or Bounds thereof or of any former or other Letters Patents or Graunts heretofore made or Graunted of the premisses or of any part thereof by us or of any of our Progenitors unto any other Person or Persons whatsoever Bodyes Politique or Corporate or any Act Lawe or other Restraint incertainty or ymperfeccon whatsoever to the contrary in any wise notwithstanding ALTHOUGH EXPRESSE MENCON of the true yearely value or certainty of the premisses or of any of them or of any other Guifts or Graunts by us or by any of our Progenitors or Predecessors heretofore made to the said James Duke of Yorke in these presents is not made or any Statute Act Ordinance Provision Proclamacon of Restriccon heretofore had made Enacted Ordeyned or provided or any other matter Cause or thing whatsoever to the contrary thereof in any wise notwith- standing IN WITNES whereof Wee have caused these our Letters to bee made Patents WITTNES our Selfe att Westminster the Twelveth day of March in the Sixteenth yeare of our Raigne. By the King Howard. Mar. 12, 1664. [No. ix] Grants 199 No. IX ARTICLES OF CAPITULATION. 1 Dated Aug. 27, 1664 "I. We consent that the States General, or the West India Company, shall freely injoy all farms and houses (except such as are in the forts) and that within six months, they shall have free liberty to transport all such arms and ammunition, as now does belong to them, or else they shall be paid for them. "II. All publique houses shall continue for the uses which they are for. "III. All people shall still continue free denizens, and shall injoy their lands, houses, goods, wheresoever they are within this country, and dispose of them as they please. "IV. If any inhabitant have a mind to remove himself, he shall have a year and six weeks from this day to remove himself, wife, children, servants, goods, and to dispose of his lands here. "V. If any officer of state, or publique minister of state, have a mind to go for England, they shall be transported fraught free, in his Majesty's frigotts, when these frigotts shall return thither. "VI. It is consented to, that any people may freely come from the Netherlands, and plant in this colony, and that Dutch vessels may freely come hither, and any of the Dutch 1 The present copy is taken from Dr. E. B. O'Callaghan's translation from the Dutch in Gen. Entries, 1:23, printed in his Hist. N. Neth., (1855), 11:532. It is also printed in N. Y. State Lib. Bui. No. 2, p. 95. A contemporaneous Dutch broadside of these articles, probably issued in Holland as a news bulletin, is reproduced as PI. 13, in Stokes, Iconography, IV 1240 and in Paltsits, Lovelace Min. (1910), 1:65. The original is in the New York Public Library. This is headed (translated) : "Articles of Surrender of New Netherland on the 27th of August, Old Style, Anno 1664." It continues: "Symon Gilde van Rarop, skipper of the ship 'Gideon,' coming from Manates or New Amsterdam, in New Netherland, reports that New Nether- land, on the 8th of September, New Style, was delivered over to the English on the following conditions ..." 200 Colonial Charters [No. ix] may freely return home, or send any sort of merchandise home, in vessels of their own country. "VII. All ships from the Netherlands, or any other place, and goods therein, shall be received here, and sent hence, after the manner which formerly they were before our coming hither, for six months next ensuing. "VIII. The Dutch here shall injoy the liberty of their consciences in divine worship and church discipline. "IX. No Dutchman here, or Dutch ship here, shall upon any occasion, be pressed to serve in war against any nation whatsoever. "X. That the townsmen of the Manhattans shall not have any soldiers quartered upon them, without being satis- fied and paid for them by their officers, and that at this present, if the fort be not capable of lodging all the soldiers, then the Burgomasters, by their officers, shall appoint some houses capable to receive them. "XL The Dutch here shall injoy their own customs con- cerning their inheritances. "XII. All publique writings and records, which concern the inheritance of any people, or the reglement of the church or poor, or orphans, shall be carefully kept by those in whose hands now they are, and such writings as particu- larly concern the States General, may at any time be sent to them. "XIII. No judgment that has passed any judicature here, shall be called in question, but if any conceive that he hath not had justice done him if he apply himself to the States General, the other party shall be bound to answer for the supposed injury. "XIV. If any Dutch living here shall at any time desire to travaile or traffique into England, or any place, or planta- tion, in obedience to his Majesty of England, or with the Indians, he shall have (upon his request to the governor) a certificate that he is a free denizen of this place, and liberty to do so. [No. ix] Grants 201 "XV. If it so appeare, that there is a publique engage- ment of debt, by the town of the Manhatoes, and a way- agreed on for the satisfying of that engagement, it is agreed, that the same way proposed shall go on, and that the engage- ment shall be satisfied. "XVI. All inferior civil officers and magistrates shall continue as now they are, (if they please,) till the customary time of new elections, and then new ones to be chosen by themselves, provided that such new chosen magistrates shall take the oath of allegiance to his Majesty of England before they enter upon their office. "XVII. All differences of contracts and bargains made before this day, by any in this country, shall be determined according to the manner of the Dutch. "XVIII. If it do appeare, that the West India Company of Amsterdam do really owe any sums of money to any persons here, it is agreed that recognition and other duties payable by ships going for the Netherlands, be continued for six months longer. "XIX. The officers military, and soldiers, shall march out with their arms, drums beating, and colours flying, and lighted matches; and if any of them will plant, they shall have fifty acres of land set out for them; if any of them will serve as servants, they shall continue with all safety, and become free denizens afterwards. "XX. If, at any time hereafter, the King of Great Britain and the States of the Netherland do agree that this place and country be re-delivered into the hands of the said States, whensoever his Majestie will send his commands to re-deliver it, it shall immediately be done. "XXI. That the town of Manhattans shall choose deputyes, and those deputyes shall have free voyces in all publique affairs, as much as any other deputyes. "XXII. Those who have any property in any houses in the fort of Aurania, shall (if they please) slight the forti- 202 Colonial Charters [No. ix] fications there, and then injoy all their houses as all people do where there is no fort. "XXIII. If there be any soldiers that will go into Hol- land, and if the Company of West India in Amsterdam, or any private persons here will transport them into Holland, then they shall have a safe passport from Colonel Richard Nicolls, deputy governor under his Royal Highness, and the other commissioners, to defend the ships that shall transport such soldiers, and all the goods in them, from any surprizal or acts of hostility, to be done by any of his Majestie's ships or subjects. That the copies of the King's grant to his Royal Highness, and the copy of his Royal Highness's com- mission to Colonel Richard Nicolls, testified by two com- missioners more, and Mr. Winthrop, to be true copies, shall be delivered to the Honourable Mr. Stuyvesant, the present governor, on Monday next, by eight of the clock in the morning, at the Old Miln, and these articles consented to, and signed by Colonel Richard Nicolls, deputy governor to his Royal Highness, and that within two hours after the fort and town called New Amsterdam, upon the isle of Manhatoes, shall be delivered into the hands of the said Colonel Richard Nicolls, by the service of such as shall be by him thereunto deputed, by his hand and seal. JOHN DE DECKER, ROBERT CARR, NICH. VARLETH, GEO. CARTERET, SAM. MEGAPOLENSIS, JOHN WINTHROP, CORNELIS STEENWYCK, SAM. WILLYS, JACQUES COUSSEAU, JOHN PINCHON, OLOFFE S.VAN KORTLANDT, THOMAS CLARKE, "I do consent to these articles. RICHARD NICOLLS." 2 2 The names printed on the Dutch Broadside in the N. Y. Public Library are slightly different in spelling. They are, in order, as follows: "J. d. Decker, N. Verlet, Sam. Megapolensis, Cornells Steenivijck, 0. Stevens*. Cortlant, Jacque Couseau, Robbert Carr, George Cartovriaht, John Win- throp, Sam. IVilles, Tho. Clarcks, John Phinchon. lck stae desa Artijkelen toe (engeteeckenl). Richardt Nicolls." [No. x] Grants 203 No. X. NICOLLS CHARTER FOR NEW YORK CITY 1 A Revocation of the Fforme of Government of New Yorcke Und r Y e Style of Burgomast rs and schepens. By vertue of his Ma tie * Letters Pattents bearing date the 12 th day of March in the 16 th yeare of his Ma ties Reigne, Granted to his Royall Highness, James Duke of Yorke wherein full and absolute Power is given and Granted to his Royal Highnesse or his Deputyes, to Constitute, appoint, Revoke and discharge, all Officers both Civill and Military, as also to alter & Change, all Names and Styles fformes or Ceremonyes of Government; To the end, that his Ma ties Royall pleasure may bee observed and for the more Orderly establishment, of his Ma ties Royall Authority, as near as may bee Agreeable to the Lawes and Customes of his Ma ties Realme of England; Upon mature deliberacon and advice, I have thought it necessary to Revoke and discharge, And by these p r sents in his Ma ties name, do Revoke and discharge the fforme and Ceremony of Government of this his Ma ties Towne of New Yorke, under the Name or Names, Style or Styles, of Scout Burgomasters and Schepens; As also, that for y e future Administracon of Justice, by the Lawes 1 The leaves which contain the order "Revocation of the fforme of Government of New Yorke undr ye Style of Burgomast rs and Schepens" (June 12, 1665), and the charter of Gov. Nicolls, establishing a court of mayor and aldermen (June 12, 1665), are missing in the original minutes of the city court in the office of the City Clerk, under June 13, 1665. In the printed Rec. N. Am., ed. by Fernow, V 1248-50, these two documents were printed from texts in Gen. Ent., I, which later were destroyed in the capitol fire at Albany in 191 1. The copies in Rec. N. Am. are now the only authentic ones and the present copies are reproduced 'verbatim et literatim et punctuatim from that work. 204 Colonial Charters [No. x] Establisht in these the Territoryes of his Royall Highnesse wherein the Welfare of all the Inhabitants and the Preser- vacon of all their due Rights and Privileges, Graunted by the Articles of this Towne, upon Surrender under his Ma ties obedience, are concluded; I do further declare, That by a Particular Commission, Such Persons shall bee Authorized to putt the Lawes in Execucon, in whose abilityes, Prudence and good Affection to his Maties Service, and y e Peace and happynesse of this Governm 1 I have especially reason to put Confidence, which persons so Constituted and appointed, shall bee Knowne and Called by y e Name and Style of Mayor, Aldermen and Sherriffe, according to the Custome of England in other his Ma ties Corporacons; Given under my hand and Seale, at ffort James in New Yorke, this 12 th day of June 1665. Richard Nicolls. B The Mayor and Aldermen's Commission. WHEREAS upon mature deliberacon and advice I have found it necessary to discharge the fforme of Governm 1 late in Practice w th in this his Ma ties Towne of New Yorcke, under the name and Style of Scout, Burgomast rs and Schepens, which are not knowne or Customary, in any of his Ma ties Dominions; To the end that the Course of Justice for the future, may bee Legally, equally and impartially administred to all his Ma ties Subjects as well Inhabitants as Strangers; Know All Men by these Presents; That I Richard Nicolls, Deputy Govern 1 " to his Royall High- nesse the Duke of Yorke, by vertue of his Ma ties Letters Pattents, bearing date the 12 th day of March, in the 16 th yeare of his Ma ties Reigne, Do Ordaine, Constitute and Declare, That the Inhabitants of New Yorke, New Harlem w th all other Ma ties Subjects, Inhabitants upon this Island, Commonly call'd and Knowne by the name of Man- hatans Island, are, and shall bee for ever, accounted, [No. x] Grants 205 Nominated and Established, as one Body Politique & Corporate, under the Governm* of a Mayor, Aldermen and Sherriffe, And I do by these P r sents Constitute and appoint, for one whole yeare, Commencing from the date hereof, and ending the 12 th day of June, w ch shall bee in the Yeare of Our Lord 1666; M r Thomas Willett to bee Mayor, M r Thomas Delavall, M r Oloffe Stuyvesant, M r John Brugges, M r Cornelis van Ruyven and M r John Laurence, to bee Aldermen, and M r Allard Anthony to bee Sherriffe; Giving and Granting, to them the said Mayor and Aldermen, or any foure of them, whereof the said Mayor or his Deputy, shall be alwayes one, and upon equall Division of voyces, to have alwayes the Casting and Decisive voyce, full Power and authority to Rule Governe as well all the Inhabitants of this Corporacon as any Strangers, according to the Generall Lawes of this Government, and such Peculiar Lawes as are or shall be thought convenient and necessary for the good and wellfare of this his Ma ,ies Corporacon; As also, to appoint such under Officers as they shall judge necessary for the orderly execution of Justice; And I do hereby strictly Charge and Command all persons to obey and execute, from Time to Time, all Such Warrants, Orders and Constitutions, as shall be made by the said Mayor and Aldermen, as they will Answer the Contrary at their Utmost Perills; And for the due administracon of Justice, according to y e fforme and manner prescribed in this Commission, by the Mayor Alder- men and Sherriffe, These Presents shall bee to them, and every of them, a Sufficient Warrant and discharge in that behalf e; Given under my hand and seale at ffort James in New Yorke this 12 th day of June 1665. Rich d Nicolls. 206 Colonial Charters [No. xi] No. XI. COLVE'S CHARTER. 1 Provisional Instruction for the Schout, Burgomasters and Schepens of the City of New Orange. ist. The Schout and Magistrates, each in his quality- shall take care that the Reformed Christian Religion con- formable to the Synod of Dordrecht shall be maintained, without suffering any other Sects attempting any thing contrary thereto. 2. The Schout shall be present at all Meetings and pre- side there, unless the Honble. Heer Governour or some person appointed by him be present who then shall preside, when the Schout shall rank next below the youngest acting Burgomaster. But whensoever the Schout acts as Prose- cutor on behalf of Justice or otherwise, having made his complaint, he shall then rise up and absent himself from the Bench during the deciding of the case. 3. All matters appertaining to the Police, Security, and Peace of the Inhabitants also to Justice between man and man, shall be determined by final Judgment by the Schout, Burgomasters and Schepens aforesaid to the amount of Fifty Beavers and under, but in all cases exceeding that sum, each one shall be at liberty to appeal to the Heer Governour General & Council here. 4. All Criminal offences which shall be committed within this City and the Jurisdiction thereof shall be amenable to the Judicature of said Schout, Burgomasters and Schepens who shall have power to judge and sentence the same even unto DEATH inclusive; provided and on condition, that 1 These instructions sometimes known as "Colve's Charter" because granted by Colve, governor general of the province, have been translated and pub- lished in Documentary History of New York by E. B. O'Callaghan, (1849), I:6o8. They were reprinted in the N. Y. Col. Laws, I:io2, from which this copy was reproduced. The province continued under the Dutch government until June 26, 1674., when, pursuant to treaty, it was restored to the English. [No. xi] Grants 207 no sentence of corporal punishment shall be executed unless the approval of the Heer Governour General and Council shall be first sought and obtained therefor. 5. The Court shall be convoked by the President Burgo- master who shall, the night before, make the same known to Capt. Willem Knyff, (who is hereby provisionally quali- fied and authorized to be present at and preside over the Court in the name and on the behalf of the Hr. Gover- nour,) and so forth to the remaining Schout, Burgomasters and Schepens. 6. All motions shall be put by the first Burgomaster, whose proposition being made and submitted for considera- tion, the Commissioner there presiding in the name of the Hr. Governour shall first vote there, and so afterwards the remaining Magistrates each according to his rank; and the votes being collected, it shall then be concluded accord- ing to plurality; But if it happen that the votes are equal, the President shall then have power to decide by his vote, in which case those of the contrary opinion as well as those of the minority may Register their opinions on the Minutes, but not publish the same in any manner out of the Court on pain of arbitrary Correction. 7. The Burgomasters shall change Rank every half year, wherein the oldest shall first occupy the place of President and the next shall follow him; but during this current Year the change shall take place every 4 months, since three Burgomasters are appointed for this year. 8. The Schout, Burgomasters and Schepens shall hold their Session and Court Meeting as often as the same shall be necessary, on condition of previously appointing regular days therefor. 9. The Schout, Burgomasters and Schepens shall have power to enact, and with the approbation of the Hr. Gover- nour to publish and affix some Statutes, Ordinances and Placards for the Peace, Quiet and Advantage of this City and the inhabitants thereof within their district, provided 208 Colonial Charters [No. xi] that the same do not in any wise conflict, but agree, as much as possible, with the Laws and Statutes of our Fatherland. 10. Said Schout, Burgomasters and Schepens shall be bound rigidly to observe and cause to be observed the Pla- cards and Ordinances of the Chief Magistracy, and not to suffer any thing to be done contrary thereto, but proceed against the Contraveners according to the tenor thereof; and further promptly execute such orders as the Heer Governour General shall send them from time to time. ii. The Schout, Burgomasters & Schepens shall be also bound to acknowledge their High Mightinesses the Lords States General of the United Netherlands and his Serene Highness the Lord Prince of Orange as their Sovereign Rulers, and to maintain their High Jurisdiction, Right and Domain in this Country. 12. The election of all inferior officers and servants in the employ of said Schout, Burgomasters and Schepens shall, with the sole exception of the Secretary, be made and confirmed by themselves. 13. The Schout shall execute all judgments of the Burgomasters and Schepens, without relaxing any, unless with the advice of the Court, also take good care that the jurisdiction under his authority shall be cleansed of all Vagabonds, Whorehouses, Gambling houses and such impurities. 14. The Schout shall receive all fines imposed during his time, provided they do not exceed yearly the sum of Twelve hundred Guilders Seawant value which, having received he shall enjoy the just half of all the other fines, on condition that he presume neither directly nor indirectly to compound with any criminals, but leave them to the judgment of the Magistrates. 15. The Schout, Burgomasters and Schepens aforesaid shall convoke an Assembly on the nth day of the month of August, being eight days before the Election of new Magistrates, and in presence of the Commissioner to be [No. xi] Grants 209 qualified for that purpose by the Honble Governr General, nominate a double number of the best qualified honorable and wealthy persons, and only such as are of the Reformed Christian Religion, or at least well affected towards it, as Schout, Burgomasters and Schepens aforesaid, which nomi- nation shall be handed and presented folded & sealed, on the same day, to his Honor; from which nomination the Election shall then be made by his Honor on the 17th day of the month of August, with continuation of some of the old Magistrates, in case his Honor shall deem the same necessary. Done, Ffort Willem Heindrick the 15th January 1674. By Order of the Honble Heer Governr General of New Netherland, (Was Signe d ) N. Bayard, Secrety. 210 Colonial Charters [No. xii] No. XII. SECOND GRANT TO THE DUKE OF YORK, 1674. 1 His Ma ties Letters Patents To His Royall Highnesse, Recorded November 4 th 1674. CHARLES THE SECOND by the Grace of God, KING of England Scotland, France and Ireland, Defender of the ffaith &c, TO ALL TO WHOM these presents shall come Greeting; KNOW YEE, that wee for divers good causes and consideracons, HAVE of our espetiall GRACE, certaine knowledge and meer motion, GIVEN and granted, and by these p r sents, for us, our Heirs and Successo rs Do give and graunt unto our Dearest Brother, JAMES DUKE OF YORKE, his Heires and Assignes, ALL that part of the Maine Land of NEW ENGLAND, begining at a cer- taine place called or knowne by the name of S l Croix, next adjoyning to NEW SCOTLAND in America; And from thence extending along the Sea-Coast, unto a certaine place called PETUAQUINE or PEMAQUID, and so up the River thereof; to the furthest head of the same, as it tendeth Northwards, and extending from the River of KINEBEQUE, and so upwards by the shortest Course to the River CANADA Northwards; And all that Island or Islands, commonly called by the severall name or names of MATOWACKS or Long Island, Scituate and being towards the west of Cape Cod, and the narrow HIGANSETTS, abutting upon the Maine Land, between the two Rivers there, called or knowne by the severall names of 1 This patent was given by the king to James, Duke of York, and granted anew the same territory as that described in the patent of March 12, 1664. This second patent was deemed necessary because of the intervening possession of New York by the Dutch, which was regarded as extinguishing the former grant. (Stokes, Iconography, IV :30c).) This text is taken from the copy recorded in Deed Book, I:i in the office of the Secretary of State, Albany. [No. xii] Grants 211 CONECTICUTT and HUDSONS River, together also with the said River called HUDSONS River, and all the Land from the west side of CONECTICUTT River, to the East side of DELAWARE Bay; And also all those several! Islands, called or knowne by the names of MARTIN- VINEYARDS and NANTUKES, otherwise NAN- TUCKETT; Together with all the Lands, Islands, Soiles, Rivers, Harbo rs , Mines, Mineralls, Quarryes, woods, Marshes, waters, Lakes, ffishings, Hawking, Hunting & ffowling; And all other Royalties, proffits, Commodities and Hereditam ts , to the said severall Islands, Lands and premisses, belonging and appertaining, w th their and every of their Appurtenances, and all our Estate, Right, Title, & Interest, benefit and advantage Claime and demand, of, in or to the said Lands or p r misses, or any part or parcell thereof; And the Revercon and Revercons, remainder & remaind" together with the yearly and other Rents, Reve- nues and Proffitts of the p r misses, and of every part and Parcell thereof; TO HAVE AND [TO] 2 HOLD all and singular the said Lands and premisses, with their and every [of their] Appurtences hereby given and graunted, or here- inbefore mentioned] given and graunted, unto our said Dearest Brother, JAMES Duke [of] Yorke his Heirs and Assignes for ever; To bee holden of us, our Heirs and Successo rs , as of our Manor of East Greenwich, in our County of KENT, in free and common Soccage, and not in Capit[e] by Knight service YEILDING and rendring; And the said JAMES Duke of Yorke, for himselfe, his Heirs and Assignes, doth Covenant and promise to yeild and render unto us, our Heirs and Successo 15 of and for the same, yearly and every yeare, fforty BEAVER Skins when they shall bee demanded or within ninety dayes after such deman[d] made; And wee do further, of our speciall grace, certaine knowledge and meer motion, for us our Heirs and 2 The matter in brackets is illegible in the original. 212 Colonial Charters [No. xii] Successo rs , Give and grant unto our said Dearest Brother, JAMES Duke of Yorke, his Heirs, Deputyes, Agents, Com- mission", and Assignes by these p r sents, full and absolute power and authority, to Correct, punish, pardon, Govern and Rule, all such the Subjects of us, our Heirs and Suc- cesso rs , or any other Person or ^sons, as shall from time to time adventure themselves into any the parts or places aforesaid, or that shall, or do at any time hereafter Inhab[it] within the same, according to such Lawes, Orders, Ordinances, direcco[ns] and Instruccons, as by our said Dearest Brother, or his Assignes, sha[ll] bee established; And in defect thereof in cases of necessity, according [to] the good Discecons of his Deputyes, Commission", Officers or Agents respectively, as well in all Cases and matters Capitall and Criminall, as Civi[ll] Marine and others so alwayes as the said Statutes, Ordinances and proce[ed]ings, bee not contrary to, but as neare as may bee Agreeable to the Lawes Statutes and Governm', of this our Realm of England; And saving and reserving, to us, Our Heirs and Successo", the receiving, hearing and determining of the appeal and Appeals of all or any ^son or =Psons, of, in or belonging to the Territoryes or Islands aforesaid, or touch- ing any Judgm* or Sentence to bee there made or given; And further, that it shall and may bee Lawfull, to and for our said Dearest Brother, his Heirs and Assignes, by these p r sents, from time to time, to nominate, make, constitute, ordaine, and Confirme, such Lawes as aforesaid, by such name or names, Stile or Stiles, as to him or them shall seem good : And likewise to revoke, discharg[e] change and alter, as well all and singular, Governo" Officers and Minister [s] which hereafter shall bee by him or them thought fit and needfull to bee made or used within the aforesaid Islands and parts; And also to make Ordaine and Establish all manner of Lawes, Orders, direccons, Instructions, formes and Ceremonyes of Governm 4 , and Magistracy, fit and necessary, for and concerning the Governm* of the Terri- [No. xii] Grants 213 toryes & Island aforesaid, so alwayes as the same bee not contrary to the Lawes and Statutes of this our Realme of England, but as near as may bee agr[ee]able thereunto, and the same at all times hereafter, to put in Execu[con] or Abbrogate, revoke or change, not onely within the p r cincts of the said Territoryes or Islands, but also upon the Seas, in going and coming to and from the same, as hee or they in their good discretions shall think fittest for the good of the Adventurers and Inhabitants. And do fu[rth]er of our especiall grace, certaine knowledge and meer motion, [Gra]unt, ordaine and Declare, That such Governo", Deputyes, Officers and [Mi]nsters, as from time to time shall bee authorized and appointed, in manner [and] forme aforesaid, shall and may have full power and Authority within [the terrijtoryes aforesaid, to use and exercize Mar- shall Law, in Cases of Rebellion Insurrecon and M[u]tiny, in as large and ample manner, as our Liev ts in our Countyes within our Realme of England, have or ought to have by force of their Commission of Lievtenancy, or any Law or Statute of this our Realme AND WEE do further by these presents, for us, our Heirs and Successo", grant unto our said dearest Brother, JAMES Duke of Yorke, his Heirs & Assignes, That it shall and may bee Lawfull, to and for the said JAMES Duke of Yorke, his Heires and Assignes, in his or their Discrecon, from time to time, to admit such and so many person and ^sons, to Trade & Trafficke into, and w th in y e Territoryes and Islands aforesaid, (and into every or any the Territoryes and Islands aforesaid,) & into every, or any part and Parcell thereof; And to have, pos- sesse and enjoy any Lands & Hereditam ts , in the ^tes and places aforesaid, as they shall think fit, according to the Lawes, Orders, constitutions and ordinances by our said Brother, his Heirs, Deputyes, Com rs and Assignes, from time to time to bee made & established, by vertue of, and according to the true intent and meaning of these p r sents, and under such Condicons, reservacons and Agreem ts , as our 214 Colonial Charters [No. xii] said Dearest Brother his Heirs and Assignes, shall set downe, order, direct and appoint, and not otherwise as aforesaid; AND WEE DO FURTHER, of our especiall grace, certaine knowledge & meer motion, for us, our Heirs and Successo rs , give and graunt, unto our said Deare Brother, his Heires and Assignes by these p r sents, That it shall and may bee Lawfull, to and for him, them or any of them, at all and every time and times hereafter, out of any of our Realmes or Dominions, whatsoever, to take, lead, carry and transport, in and into their voyages, for and towards the Plantacon of our said Territoryes, and Islands aforesaid, all such and so many of our Loving Subjects, or any other Strangers, being not prohibited, or under restraint, that will become our Loving Subjects, and live under our Alegiance, and shall willingly accompany them in the said Voyages, together with all such Cloathing, Implem ts , ffurniture & other things usually transported, and not prohibited, as shall bee necessary for the Inhabitants of the said Islands and Territoryes, and for their use and defense thereof, and manageing & carrying on the Trade w th the people there, and in passing and returning to and fro. YEILDING AND PAYING to us our Heirs and Successo rs , the Customes and Dutyes therefore due and payable, according to the Lawes and Customes of this our Realme. And wee do also, for us, our Heirs and Successo", graunt to our said Dearest Brother, JAMES DUKE OF YORKE, his Heirs and Assignes, and to all and every such Governo 1 ", or Governo rs , or Deputies, their Officers or Ministers, as by our said Brother, his Heirs or Assignes, shall bee appointed to have power and Authority of Governm*, or Command; in, or over the Inhabitants of the s d Territoryes or Islands, that they or every of them, shall, and Lawfully may from time to time, and at all times for ever hereafter, for their severall defense & safety, encounter, repulse, & expell & resist by force of Armes, (as well by Sea as by Land) and all wayes and meanes whatso- [No. xii] Grants 215 ever, all such ^son and ^sons, as without the speciall License of our Dearest Brother, his Heirs and Assignes shall attempt to Inhabit w th in the severall p r cincts and Limits, of our said Territoryes and Islands. And also all and every such ^son and ^sons whatsoever, as shall enterprize and attempt at any time hereafter, the Destruccon invasion, detrim 1 or annoyance, to the parts, places or Islands afore- said, or any part thereof; And lastly, our will and pleasure is, And we do hereby declare & graunt, That these Our £res patents, or y c enrolm 1 thereof, shall bee good and effectuall in the Law, to all intents and purposes whatsoever, Notw th standing the not well and true reciting or menconing of the premisses, or any part thereof, or the Limits or Bounds thereof, or of any former or other £res, patents or graunts whatsoever, made or graunted or of any part thereof, by us, or any of our progento rs , unto any ^son or 3$sons whatsoever, Bodyes politick or Corporate, or any Law or other restraint, incertainty or imperfeccon whatso- ever, to the contrary in any wise notwithstanding; Although expresse mencon of the true yearly value or certainty of the p r misses, or of any of them, or of any other guifts or Graunts by us, or by any of our progento rs , heretofore made to the said James Duke of Yorke, in these p r sents, is not made, or any Statute, Act, Ordinance, provision, procla- mation or restriccon heretofore had, made, enacted or pro- vided, or any other matter, caus[e o]r th[ing] whatsoever, to the contrary thereof, in any wise notw th standing. IN WITNESSE [whereof] wee have caused these our £res, to bee made patents, witnesse our selfe at westm. the [29 th day of] June, in the 26 th yeare of our Reigne. PIGOTT. 216 Colonial Charters [No. xni] No. XIII. DONGAN CHARTER FOR NEW YORK CITY 1 Thomas Dongan Leiutenant Governour and Vice Admirall of New Yorke and its Dependencyes under his Majestye James the Second By the Grace of God of Eng- land Scotland France and Ireland King Defender of the faith Supreme Lord and proprietor of the collony and province of New Yorke and its Dependencyes in America &c, TO ALL to whom this shall come, SENDETH GREETINGS : WHEREAS the Citty of New Yorke is an ancient Citty within the said province, And the Cittizens of the said Citty have antiently been a body politique and 1 This charter which was signed and sealed by Gov. Dongan on April 27, 1 686 is the second English charter of the city of New York. The first was the Nicolls Charter of 1665. The original document which is still owned by the city, is in the custody of the New York Public Library, where, with the Montgomerie Charter and other documents, it was deposited for safe keeping by Comptroller Bird S. Coler, in 1899. It is described as being "beautifully engrossed on five very large and thick sheets of parchment, it is so massive, so imposing to the eye, that it seems to have been prepared as a guaranty of the liberties not of a little colonial capital of some four thousand inhabitants, but of a city like the New York of to-day. Once pendant from it but long ago detached by the hand of time, is an impression of the large provincial seal bestowed when Lovelace was governor in 1669, protected by a silver box bearing on its cover the inscription: 'N. Bayard Esq r Mayor, 1686.' " — Van Rensselaer, Hist. City of N. Y., IL299. The complete charter is reproduced in Stokes' Iconography, IV:P1. 18 (a to e). Dongan's provincial seal is reproduced in the Iconography, Frontispiece Vol. V. Gov. Bellomont, writing to England on Nov. 29, 1700, said of the charter: "... 'tis sealed with the Duke of York's seal, and neither the Great Seal of England nor Seal of the Province, yet it bears date 2 d year of King James, so that the whole foundation is wrong." This led him to declare that it was "not a legal Charter;" that "In strictness this is no City, and all the judgments that have been pass'd in the Mayor's Court are void." — N. Y. Col. Docs., IV:8i2. This charter was transcribed into the Minutes of the Common Council (1:290-306) under date of Jan. 5, 1693. The present copy of the charter was carefully compared with the original charter in the N. Y. Public Library, and, as far as typography will allow, is a 'verbatim et literatim et punctuatim copy. [No. xiii] Grants 217 corporate And the Cittizens of the said Citty have held used and Enjoyed As well within the same as Elsewhere in the said province Diverse and sundry Rights Libertyes priviledges ^franchises ffree Customes, preheminences advan- tages Jurisdiccons Emoluments And Immunityes, as well by prescripcon As by Charter Letters pattents Grants and Con- firmations not only of Divers Governours and Comanders in Cheife in the said province But also of severall Gover- nours Directors Generalls, and Comanders in Chiefe of the Nether Dutch Nation Whilst the same was or has beene under their power and subjeccon AND WHEREAS Diverse Lands Tenements and Heriditaments Jurisdiccons Libertyes immunityes and priviledges, have heretofore been given and Granted or menconed to be given and granted to the Cittizens and inhabitants of the Said Citty sometimes by name of Schout Burgomasters and Schepens of the Citty of New Amsterdam And sometimes by the name of the Mayor Alderman and Comonalty of the Citty of New Yorke some- times by the name of the Mayor Aldermen and Sherriffe of the Citty of New Yorke sometimes by the name of the Mayor and Aldermen of the Citty of New Yorke and by Diverse other names As by their severall Letters pattents Charters Grants writeings Records and muniments amongst other things may more fully appear AND WHEREAS the Citizens and inhabitants of the said Citty have Erected built and appropriated at their Owne propper Costs and Charges severall publique buildings Accomodations and Con- veniences for the said Citty, (that is to say) The Citty Hall or Stathouse with the ground thereunto belonging, Two markett houses, the bridge into the Dock, The wharfes or Dock with their appurtenances And the new Buriall place without the Gate of the Citty and have Established and setled one fferry from the said Citty of New Yorke to Long Island for the Acomodacon and conveniency of passengers the said Citizens and Travellers. 218 Colonial Charters [No. xni] AND WHEREAS severall the inhabitants of the said Citty and of Manhattans Island doe hold from and under his most sacred Majesty Respectively As well by severall and Respective Letters Pattents Grants Charters and Con- veyances made and granted by the Late Leiutenants Gover- nours or Comanders in Cheifs of the said province as other- wise severall and respective messuages Lands tenements and Heriditaments upon Manhattans Island and in the Citty of New Yorke aforesaid And that As well the said Mayor Aldermen and Comonalty of the said Citty and their suc- cessours As alsoe the inhabitants of the said Manhattans Island and Citty of New Yorke aforesaid and their heires and Assignes respectivly may hold Excercise and Enjoy not only such and the same Libertyes priviledges and ^franchises Rights Rolaytyes ffree Customes Jurisdiccons and immuni- tyes as they have anciently had used held and Enjoyed but also such publique buildings Accomodations Convenienes Messuages tenements Lands and Heriditaments in the said Citty of New Yorke, and upon Manhattans Island afore- said which as aforesaid have beene by the Citizens and inhabitants erected and built or which have as aforesaid been held Enjoyed granted and Conveyed unto them or any of them Respectively. KNOW YE THEREFORE That I the said Thomas Dongan by Virtue of the Comicon and Authority unto me given and power in me resideing at the humble Peticon of the now Mayor Aldermen and Comonalty of the said Citty of New Yorke and for diverse other good Causes and Con- siderations me thereunto moveing have given Granted, Ratifyed and Confirmed And by these p r sents for and on the behalfe of his most sacred majestye aforesaid his heires Successours and Assignes Do give grant ratifye and Con- firme unto the said Mayor Aldermen and Comonalty of the said Citty All and Every such and the same Libertyes priviledges ffranchiscs Rights Royalties ffree Customes [No. xiii] Grants 219 jurisdiccons and immunityes which they by the name of the Mayor Aldermen and Comonalty or otherwise have anciently had held used or Enjoyed PROVIDED Alwayes that none of the said Libertyes priviledges ffranchises Rights ffree Customes Jurisdiccons or immunityes be inconsistent with or Repugnant to the Laws of his Majestyes Kingdome of England or any other the Laws of the Generall Assembly of this province And the aforesaid publique buildings accomo- dations and Conveniencyes in the said Citty. (that is to say) The aforesaid Citty Hall or statthouse with the ground thereunto belonging, Two markett houses, The Bridge into the Dock, The wharfes or Dock The said New Buriall place and the aforemenconed fferry with their and Every of their rights members and appurtenances Together with all the profitts benefitts and advantages which shall or may accrue and arrise at all times hereafter for Dockage or wharfage within the said Dock with all and Singular the rents issues profitts gaines and advantages which shall or may arrise grow or accrue by the said Citty Hall or Statthouse and ground thereunto belonging markett houses bridge Dock Burying place fferry and other the above menconed premisess or any of them And alsoe all and Every the Streets Lanes Highways and Alleys within the said Citty of New Yorke and Manhattans Island aforesaid for the publick use and service of the said Mayor Aldermen and Comonalty of the said Citty and of the inhabitants of Manhattans Island aforesaid and travellers there Together with full power Lycence and authority to the said Mayor Aldermen and Comonalty and their successours forever to Establish appoint order and Direct the Establishing makeing layeing out ordering Amending and repairing of all streets Lanes alleys highwayes water courses fferry and Bridges in and throughout the said Citty of New Yorke and Manhattans Island aforesaid necessary needfull and Convenient for the inhabitants of the said Citty and Manhattans Island afore- 220 Colonial Charters [No. xni] said and for all travellers and passengers there PRO- VIDED Alwayes That this said Licence soe as above granted for the Establishing makeing laying out of streets Lanes Alleys Highwayes fferry and bridges be not Extended or be construed to Extend to the takeing away of any per- son or persons right or property without his her or their Consent or by some knowne Law of the said province And for the Consideracons aforesaid I doe likewise give grant ratifye and confirme unto all and Every the respective inhabitants of the said Citty of New Yorke and of Man- hattans Island aforesaid and their severall and Respective heires and Assignes all and Every the severall and respective messuages tenements lands and hereditaments scituate lyeing and being in the said Citty and Manhattans Island aforesaid to them severally and respectively granted conveyed and Confirmed by any the Late Governours Leiutenants or Com- anders in Cheife of the said province or by any of the former Mayors or Deputy Mayors and Aldermen of the said Citty of New Yorke by Deed grant conveyance or otherwise howsoever To hold to their severall and Respec- tive heires and Assigns forever. AND I doe by these presents give and graunt unto the said Mayor Aldermen and Comonalty of the said Citty of New Yorke All the Wast Vacant unpattented and unappro- priated Lands lyeing and being within the said Citty of New Yorke and on Manhattans Island aforesaid Extending and reaching to the Low water marke in by and through all parts of the said Citty of New Yorke And Manhattans Island aforesaid Together with all Rivers Rivoletts Coves Creeks ponds waters and watercourses in the said Citty and Island or either of them not heretofore Given or granted by any of the former Governours Leiutenants or Comanders in cheife under their or some of their hands and seals or seal of the province or by any of the former Mayors or Deputy Mayors and Aldermen of the said Citty of New [No. xiii] Grants 221 Yorke to some respective person or persons Late inhabitants of the said Citty of New Yorke or Manhattans Island or of other parts of the said province AND I doe by these p r sents give grant and Confirme unto the said Mayor Aldermen and Comonalty of the said Citty of New Yorke and their successours forever the Royaltyes of fishing fowling Hunting Hawking mineralls and other Royaltyes and priviledges belonging or Appertaining to the Citty of New Yorke and Manhattans Island aforesaid (Gold and silver Mines only Excepted) TO HAVE HOLD and Enjoy all and singular the premisses to the said Mayor Aldermen and Comonalty of the said Citty of New Yorke and their successours forever RENDRING AND PAY- ING therefor unto his most sacred Majestye his heires successours or Assignes or to such officer or OFFICERS As shall be appointed to receive the same yearly forever hereafter the annuall quittrent or acknowledgement of one Beaver Skin or the Value thereof in currant mony of this province in the said Citty of New Yorke on the five and twentith day of March yearly forever AND Moreover I will and by these presents doe grant appoint and declare That the said Citty of New Yorke and the compasse precincts and Limitts thereof and the juris- diccon of the same shall from henceforth Extend and Reach itselfe and may and shall be able to reach forth and extend itself as well in Length and in breadth as in circuit to the furthest Extent of and in and throughout all the Said Island Manhattans and in and upon all the Rivers Rivoletts Coves Creeks and waters and watercourses belonging to the same Island as farre as lowe water Mark And I doe alsoe for and on behalfe of his Most Sacred Majesty aforesaid his heires and successors firmly Enjoyne and Comand That the aforesaid Mayor Aldermen and Comonalty of the Citty aforesaid and their Successours Shall and may freely and quietly have hold use and Enjoy the aforesaid Libertyes 222 Colonial Charters [No. xni] Authorities Jurisdiccons ffranchises Rights Royaltyes privi- ledges Exempcons Lands tenements Hereditaments and p r misses aforesaid in manner and forme aforesaid according to the Tenour and Effect of the aforesaid Grants pattents Customs and Letters pattentts of Grant and Confirmacon without the Let hinderance or impediment of me or any of my Successours Governours Leiutenants or other Officers whatsoever AND alsoe I Doe for and on the behalfe of his most sacred Majestye aforesaid his heirs and Successours Grant To the Mayor Aldermen and Comonalty of the said Citty of New Yorke and their successours by these presents That for the better Government of the said Citty Libertyes and p r cints thereof there Shall be forever hereafter within the said Citty A Mayor and Recorder Town clerke and six Aldermen and six assistants to be appointed nominated Elected Chosen and Sworne as hereinafter is perticulerly and respectively menconed who shall be forever hereafter called the Mayor Aldermen and Comonaltye of the Citty of New Yorke And that there shall be forever One cham- berlaine or Treasurer one Sherriffe one Coroner one Clerke of the Market one high Constable seven subconstables and one Marshall or Serjaint at Mace to be appointed Chosen and Sworne in manner hereinafter menconed. AND I Doe by these presents for and on the behalfe of his most Sacred Majesty aforesaid his heires Successours and Assignes declare Constitute grant and appoint That the Mayor Recorder Aldermen and Assistants of the said Citty of New Yorke for the time being And they which hereafter shall be the Mayor Recorder and Aldermen and assistants of the said Citty of New Yorke for the time being and their Successours forever hereafter be and shall be by force of these p r sents one body Corporate and pollitique in Deed fact and name by the name of the Mayor Aldermen and Comonalty of the Citty of New Yorke And them by the [No. xiii] Grants 223 name of, the Mayor Aldermen and Comonalty of the Citty of New Yorke one body Corporate and pollitique in Deed fact and name I Doe really and fully Create ordaine make Constitute and Confirme by these presents And that by the name of the Mayor Aldermen and Comonalty of the Citty of New Yorke they may have perpetuall succession And that they and their successors forever by the name of the Mayor Aldermen and Comonalty of the Citty of New Yorke be and shall be forever hereafter persons able and in Law Capable To have gett receive and possesse lands tenements Rents Libertyes Jurisdiccons ^franchises and hereditaments to them and their Successours in ffee Simple or for terme of life lives or yeares or otherwise and alsoe goods and Chattells and alsoe other things of what nature kind or quality soever And also to give grant Lett sett and Assigne the same Lands tenements heriditaments goods and chattels and to doe and execute all other things about the same by the name aforesaid And also that they be and for- ever shall be hereafter persons able in Law Capable to plead and be impleaded answer and be answered unto defend and be defended in all or any of the Courts of his said Majestye and other places whatsoever and before any Judges Jusstices and other person or persons whatsoever in all and all man- ner of accons suitss complaints demands pleas Causes and matters whatsoever of what nature kind or quality soever in the same and in the like manner and forme as other people of the said province being persons able and in Law Capable may plead and be impleaded answer and be answered unto defend and be defended by any Lawfull wayes and meanes whatsoever AND That the Said Mayor Aldermen and Comonalty of the said Citty of New Yorke and their successours Shall and may forever hereafter have one comon seale to serve for the sealing of all and singular their affaires and businesses touching or Concerning the said Corporacon AND it shall and may be Lawfull to and for the said Mayor Aldermen and Commonalty of the said 224 Colonial Charters [No. xni] Citty of New Yorke and their successours as they shall see Cause to Breake Change alter and new make their said Comon Seale when and as often as to them it shall seeme convenient AND FURTHER, KNOW YEE That I have assigned named ordained and Constituted and by these presents doe assigne name ordaine and Constitute Nicholas Bayard now Mayor of the said Citty of New Yorke to be p r sent Mayor of the said Citty And that the said Nicholas Bayard shall remaine and Continue in the office of Mayor there untill another fitt person shall be appointed and Sworne in the said office according to the usage and Custome of the said Citty and as in and by these p r sents is hereafter menconed and directed AND I have assigned named ordeined and Constituted, AND by the presents doe assigne name ordaine and Constitute create and Declare James Graham Esq$ to be the present Recorder of the said Citty to doe and Execute all things which unto the Office of Recorder of the Said Citty doth or may any ways appertaine or belong AND I have assigned named ordained and Constituted and by these p r sents doe assigne name ordaine Constitute Create and declare John West Esq$ Towne Clerke of the said Citty to doe and Execute all things which unto the office of Towne Clerke may any wayes appertaine or belong AND I have named assigned Constituted and made and by these p r sents doe assigne name Constitute and make Andrew Bowne John Robinson William Beakman John Delavall Abraham De Peister and Johannes Kipp Cittizens and inhabitants of the said Citty of New Yorke to be the present Aldermen of the said Citty AND also I have made assigned named and Constituted and by these p r sents Doe assigne name Con- stitute and make Nicholas De Meyer Johannes Van Brugh John De Bruijn Tunisse Decay Abraham Corbett and Wol- fert Webber Cittizens and inhabitants of the said Citty to be the present assistants of the said Citty And alsoe I have [No. xiii] Grants 225 assigned Chosen named and Constituted and by these p r sents Doe assigne Choose name and Constitute Peter De LaNoy Cittizen and inhabitant of the said Citty to be the present Chamberlaine or Treasurer of the Citty aforesaid AND I have assigned named Constituted and appointed and by these p r sents Doe assigne name Constitute and appoint John Knight Esqj one other of the said Cittizens there to be p r sent Sherriffe of the said Citty AND I have assigned named Constituted and appointed and by these presents doe assigne name Constitute and appoint Jarvis Marshall one other of the said Cittizens there to be the present Marshall of the said Citty AND I Doe by these p r sents Grant to the said Mayor Aldermen and Comonalty of the said Citty of New Yorke and their successours that the Mayor Recorder Aldermen and Assistants of the said Citty for time being or the Mayor Recorder and any three or more of the Alder- men and any three or more of the assistants for the time being be and shall be Called the Comon Councell of the said Citty And that they or the Greater part of them shall or may have full power and authority by Virtue of these presents from time to time to call and hold comon councell within the Comon Councell house or Citty Hall of the said Citty and there as occacon shall be to make Laws Orders Ordinances and Constitucons in writeing and to add auer Diminish or reforme them from time to time as to them shall seem necessary and Convenient (not repugnant to the prerogative of his most sacred Majesty aforesaid his heirs and successours or to any the laws of the Kingdome of England or other the Laws of the Generall Assembly of the province of New Yorke) for the good rule oversight cor- reccon and Government of the said Citty and Libertyes of the same and of all the officers thereof And for the Severall tradesmen Victuallers artificers and of all other the people and inhabitants of the said Citty Libertys and precincts aforesaid And for the better preservacon of Government and Disposall of all the Lands tenements and heriditaments 226 Colonial Charters [No. xni] goods and Chattells of the said Corporacon Which Laws Orders Ordinances and Constitucons shall be binding to all the inhabitants of the said Citty, Libertyes and precincts aforesaid And which Laws orders ordinances and Con- stitucons So by them made as aforesaid shall be and remaine in force for the Space of three months and noe longer unlesse they shall be allowed of and Confirmed by the Governour and Councell for the time being AND I Doe further on the behalfe of his sacred Majestye aforesaid his heires and Successours appoint and Grant that the said Cornon Councell of the said Citty for the time being As often as they make ordaine and Establish such Laws orders ordinances and Constitucons as aforesaid shall or may make ordaine Limitt provide sett impose and tax reasonable fines and Amerciaments AGAINST and upon all persons offend- ing against such Laws Orders Ordinances and Constitucons as aforesaid or any of them to be made ordeined and Estab- lished as aforesaid and the said fines and amerciaments shall and may require demand levy take and receive by warrants under the Comon seale To and for the use and behoofe of the Mayor Aldermen and Comonalty of the said Citty and their successors either by distresse and sale of the goods and Chattells of the offendour therein if such goods and Chat- tells may be found within the said Citty Libertyes and precincts thereof Rendering to such offendor and offendors the Overplus or by any other Lawful wayes or means what- soever AND I doe by these presents appoint and ordaine the assigning naming and appointment of the Mayor and Sherriffe of the said Citty that it shall be as followeth (viz*) upon the feast day of St Michael the Archangell yearly the Leiutenant Governour or Commander in Cheife for the time being by and with the Advice of his Councell Shall nominate and appoint such person as he shall think fitt to be Mayor of the said Citty for the year next ensueing And [No. xni] Grants 227 one other person of sufficient Ability in Estate and of good Capacity in understanding to be Sherriffe of the said Citty of New Yorke for the year next Ensueing AND That such person as shall be named assigned and appointed Mayor and such person as shall be named assigned and appointed Sherriffe of the said Citty as aforesaid shall on the four- teenth day of October then next following take their severall and respective Corporall oaths before the Governour and Councell for the time being for the due execucon of their Respective offices as aforesaid And that the said Mayor and Sherriffe soe to be nominated assigned and appointed as aforesaid shall remaine and continue in their Said Respective offices until another fitt person shall be nominated appointed and sworne in the place of Mayor and one other person shall be nominated and appointed in the place of Sherriffe of the said Citty in manner aforesaid AND further That according to the now usage and custome of the said Citty the Recorder Towne Clerke and Clerke of the market of the said Citty Shall be persons of good capacity and under- standing And such persons as his most sacred Majesty afore- said his heires and successours Shall, in the Said respective offices of Recorder Town clerke and Clerke of the markett appoint and Comissionate And for defect of such appoint- ment and comissionateing, by his most sacred Majestye aforesaid his heires and successors to be such persons as the Leiutenent Governour or Comander in cheife of the said province for the time being shall appoint and Comis- sionate which persons soe Comissionated to the said offices of Recorder Town clerke and clerke of the markett shall have hold and Enjoy the said Offices according to the Tenour and Effect of their said Comissions, and not other- wise AND further That the Recorder Town clerke Clerke of the Markett Aldermen Assistants Chamberlain high Constable petty constables and all other Officers of the said Citty before they or any of them shall be admitted to enter upon and execute their respective Offices shall be sworn 228 Colonial Charters [No. xni] faithfully to execute the same before the Mayor or any three or more of the Aldermen for the time being AND I doe by these presents for and on the behalfe of his most sacred Majestye his heirs and successors grant and give power and authority to the Mayor and Recorder of the said Citty, for the time being to administer the same respective Oaths to them accordingly AND further I doe by these p r sents grant, for and on the behalfe of his most sacred Majesty aforesaid his heires and successors That the Mayor and Recorder of the said Citty for the time being and three or more of the Aldermen of the said Citty not exceeding five shall be Justices and keepers of the peace of his most sacred majesty his heires and successors, and Justices to hear and Determine matters and causes within the said Citty and libertyes and precincts thereof AND that they or any three or more of them whereof the Mayor and Recorder, or one of them, for the time being to be there shall and may for- ever hereafter have power and authority by virtue of these presents to hear and determine all and all manner of Petty Larcenyes Riots routs oppressions extortions and other tresspasses and offences whatsoever within the said Citty of New Yorke and the Libertyes and precincts aforesaid from time to time arriseing and happening and which arise or happen and any wayes belong to the offices of justices of the peace and the Correccon and punishment of the offences aforesaid and every of them according to the Laws of England and the Laws of the said Province and to doe and execute all other things in the said Citty Libertyes and precincts aforesaid soe fully and in ample manner as to the Comisoners assigned and to be assigned for the keeping of the peace in the said County of New Yorke doth or may belong AND MOREOVER I doe by these presents for and on the behalfe of his most sacred Majesty aforesaid his heirs and successors appoint That the Aldermen assistants High Constable and Petty Constables within the said Citty be [No. xiii] Grants 229 yearly Chosen on the feast day of Saint Michael the Arch- angell forever (viz 4 ) one Alderman one assistant and one Constable, for each respective Ward and one Constable for each Division in the Outward in such publique place in the said Respective wards as the Aldermen for the time being for each Ward shall direct and appoint And that the Alder- men assistants and Petty Constables be chosen by Majority of voices of the inhabitants of each ward And that the High Constable be appointed by the Mayor of the said Citty for the time being AND That the Chamberlain shall be yearly Chosen on the said feast day in the Citty Hall of the said Citty by the Mayor and Aldermen and assistants, or by the Mayor or three or more of the Aldermen and three or more of the Assistants of the said Citty for the time being AND I doe by these presents Constitute and appoint the said John West to be the present Town clerke Clerke of the peace and Clerke of the Court of pleas to be holden before the Mayor Recorder and Aldermen within the said Citty and the Libertyes and precincts thereof AND further I doe by these presents for and on the behalf of his most sacred Majestye aforesaid his heires and successours require and strictly Charge and Command That the Sherriffe Town clerke Clerke of the peace High Constable p"*"ty Constables and all other subordinate Officers in the said Citty for the time being and every of them respectively jointly and severally as cause shall require shall attend upon the said Mayor Recorder and Aldermen of the said Citty for the time being and every or any of them according to the duty of their Respective places in and about the executeing of such the Comands precepts warrants and processe of them and every of them as belongeth and appertaineth to be done or executed And that the aforesaid Mayor Recorder and Aldermen and every of them as Justices of the peace for the time being by their or any of their warrants all and every person and persons for High treason or Petty treason or for suspicion thereof or for other felonies whatsoever and 230 Colonial Charters [No. xni] all malefactors and Disturbers of the peace and other offendors for other misdemeanours who shall be appre- hended within the said Citty or Libertyes thereof shall and may send and Comitt or cause to be sent and Comitted to the Comon goale of the said Citty there to remaine and be kept in safe Custody by the keeper of the said Goale or his Deputy for the time being until such offender and offenders shall be lawfully delivered thence AND I doe by these presents for and on the behalfe of his most sacred Majestye aforesaid his heires and successors Charge and require the keeper and keepers of the said Goale for the time being and his and their Deputy and Deputyes to receive take and in safe Custody to keep all and singular such person and per- sons soe apprehended or to be apprehended sent and Comitted to the said Goale by warrant of the said justices or any of them as aforesaid until he and they soe sent and Comitted to the said Goale shall from thence be delivered by due course of law AND further I doe grant and Confirme for and on the behalfe of his most sacred Majestye aforesaid his heires and successours that the said Mayor of the said Citty for the time being and no other (according to the usage and Custome practised in the said Citty of New Yorke in the times of my predecessours the several Leiutenants Gover- nours and Comanders in Cheife of this Province) shall have power and authority to give and grant Lycences annually under the publique seale of the said Citty to all Taverne Keepers Innkeepers Ordinary Keepers Victuallers and all publique sellers of wine strong waters sider beer or any other sort of Liquors by retaile within the Citty aforesaid Manhattans Island or their Libertyes and Precincts thereof AND That it shall and may be Lawful to and for the said Mayor of the said Citty for the time being to ask demand and receive for such License by him to be given and granted as aforesaid such surhe or sumes of money as he and the person to whom such Lycence shall be given or granted shall [No. xiii] Grants 231 agree for not exceeding the sum of thirty Shillings for each lycence All which mony as by the said Mayor shall be soe received shall be used and applyed to the publique use of the said Mayor Aldermen and Comonalty of the said Citty of New Yorke and their successours without any account thereof to be rendered made or done to any of the Leiu- tenants or Governours of this Province for the time being or any of their Deputyes AND KNOW YE That FOR the better Government of the said Citty and for the welfare of the said Cittizens tradesmen and inhabitants thereof Doe by these p r sents for and on the behalf of his most sacred Majesty his heires and successors Give and Grant to the said Mayor Aldermen and Comonalty of the said Citty and their successors that the Mayor Recorder and Aldermen or the Mayor and any three or more of the Aldermen for the time being shall from time to time and all times hereafter have full power and authority under the Comon seale to make ffree Cittizens of the said Citty, and Libertyes thereof and no person or persons what- soever other than such free Citizens shall hereafter use any art trade mistery or manuall occupation within the said Citty Libertyes and precincts thereof saving in the times of fairs there to be kept and during the continuance of s nch fairs only AND in case any person or persons whatsoever not being free Cittizens of the said Citty as aforesaid shall at any time hereafter use or exercise any art trade mistery or manual occupacon or shall by himselfe themselves or others sell or expose to sale any manner of merchandize or wares whatsoever by retaile in any house shopp or place, or standing within the said Citty or the Libertyes or precincts thereof noe fair being then kept in the said Citty and shall persist therein after warning to him or them given or left by the appointment of the Mayor of the said Citty for the time being at the place or places where such person or persons shall soe use or exercise any art trade mistery 232 Colonial Charters [No. xni] or manual occupacon or shall sell or expose to sale any wares or merchandizes as aforesaid by retaile then it shall be lawful for the Mayor of the said Citty for the time being to cause such shopp windows to be shutt up and also to impose such reasonable fine for such offence not exceeding five pounds for every respective offence and the same fine and fines soe imposed to levy and take by warrant under the comon seale of the said Citty for the time being by distresse and sale of the goods and chattels of the person or persons soe offending in the premises found within the libertyes or precincts of the said Citty rendering to the party or partys the overplus or by any other lawful ways or means what- soever to the only use of the said Mayor Alderman and Comonalty of the said Citty of New Yorke and their suc- cessors without any account to be rendered made or done to the Lieutenants Governors or Comanders in Cheife of this province for the same PROVIDED That no person or persons shall be made free as aforesaid but such as are his Majestyes naturall borne subjects or such as shall first be Naturalized by act of General Assembly or shall have obtained Letters of Denizacon under the hand of the Leiutenant Governour or Comander in Cheife for the time being and seale of the province AND that all persons to be made free as aforesaid shall and Doe pay for the publique use of the said Mayor Aldermen and Comonalty of the said Citty such sume and sumes of mony as heretofore hath beene used and accustomed to be paid and received on their being admitted freemen as aforesaid provided it is not exceeding the sume of five pounds AND FURTHER, I Doe by these presents for and on the behalfe of his most sacred Majestye aforesaid his heires and successours grant to the Mayor Aldermen, and Comonalty of the said Citty that they and their successours be forever persons able and capable and shall have power to purchase have take and possesse in ffee simple Lands [No. xiii] Grants 233 tenements rents and other possessions within or without the same Citty to them and their successors forever soe as the same exceed not the yearly value of one thousand pounds P annum the statute of Mortmaine or any other Law to the Contrary notwithstanding and the same lands tenements hereditaments and premises or any part thereof to demise grant lease set over assigne and dispose at their owne will and pleasure and to make seale and accomplish any Deed or Deeds Lease or Leases evidences or writings for or Con- cerning the same or any part thereof which shall happen to be made and granted by the said Mayor Aldermen and Comonalty of the said Citty for the time being AND FURTHER I Doe by these presents for and on the behalf of his most sacred Majestye aforesaid his heirs and successors Grant to the said Mayor Aldermen and Comonalty e That they and their successors shall and may forever hereafter hold and keep within the said Citty in every week of the year three markett days the one upon Tuesday the other upon Thursday and the other on Satur- day weekly for ever AND ALSO I Doe by these presents, for and on the behalf of his most sacred Majestye aforesaid his heires and successors grant to the Mayor Aldermen and Comonalty of the said Citty that they and their successours and Assignes shall and may at any time or times hereafter when it to them shall seeme fitt and Convenient take in fill and make up and laye out all and singular the land and ground in and about the said Citty and Island Manhattans and the same to build upon or make use of in any other manner or way as to them shall seem fitt as farr into the Rivers thereof, and that encompasse the same at low water marke aforesaid AND I doe by these presents for and on the behalfe of his most sacred Majestye aforesaid his heires and successors Give and grant unto the aforesaid Mayor Aldermen and Comonalty of the said Citty of New Yorke and their sue- 234 Colonial Charters [No. xni] cessours That they and their successours shall and may have hold and keep within the said Citty and Libertys and precincts thereof in every week in every year forever upon Tuesday one Court of Corhon Pleas for all accons of debt trespasse trespasse upon the Case detinue ejectment and other personal accons and the same to be held before the Mayor Recorder and Aldermen or any three of them whereof the Mayor or Recorder to be one who shall have power to hear and Determine the same pleas and Accons according to the Rules of the Corhon Law and acts of Generall Assembly of the said province AND I doe by these presents for and on behalfe of his most sacred Majestye aforesaid his heires and successours Grant to the said Mayor Alderman and Comonalty of the said Citty of New Yorke and their successours That the said Mayor Aldermen and Comonalty of the said Citty and their successours shall have and enjoy all the priviledges franchises and powers that they have and use or that any of their predecessours at any time within the space of twenty years last past had took or enjoyed or ought to have had by reason or under pretence of any former Charter Grant prescripcon or any other Right Custome or usage although the same have been forfeited lost or have been ill used or not used or abused or discontinued albeit they be not particularly menconed And that no Officer shall dis- turbe them thy r in under any pretence whatsoever not only for their future but their present enjoyment thereof PRO- VIDED Alwayes that the said priviledges franchises and powers be not inconsistent with or repugnant to the laws of his Majestyes Kingdome of England or other the Laws of the General Assembly of this province as aforesaid And saving to his most sacred Majestye aforesaid his heirs suc- cessours and Assignes and the Lieutenants Governors and Comanders in Cheife and other officers under him and them in FORT JAMES in or by the Citty of New Yorke and in [No. xiii] Grants 235 all the Libertyes boundaryes extents priviledges thereof for the maintenance of the said ffort and Garrison there all the right use title and Authority which they or any of them have had used or exercised there And alsoe one messuage or tenement next the Citty Hall and one Messuage by the ffort now in the possession of Thomas Coker Gentleman The peice of ground by the Gate called the Governours Garden and the land without the Gate called the Kings ffarme with the swamp next to the same land, by the ffresh water And saving the severall rents and Quitt rents reserved due and payable from severall persons inhabiting within the said Citty and Island Manhattans by virtue of former grants to them made and Given And saving to all other persons bodyes politique and Corporate their heires successours and Assignes all such Right title and claime possessions Rents services Comons emoluments interest in and to any thing which is theirs (save only the ffranchises aforesaid) in as ample manner as if this Charter had not beene made AND FURTHER I Doe appoint and declare that the incorporacon to be founded by this Charter SHALL not at any time hereafter doe or suffer to be done any thing by means whereof the lands tenements of hereditaments stock goods or Chattells thereof or in the hands Custody possession of any of the cittizens of the said Citty such as have been sett lett Given granted or collected to and for pious and charitable uses shall be wasted or misemployed Contrary to the Trust or intent of the founder or giver thereof And that such and no other construccon shall be made thereof Than that which may tend most to advantage Religion Justice, and the publique good and to suppresse all Acts and Contrivances to be invented or putt in use Contrary thereunto IN WITNESS Whereof I have Caused these presents to be entered in the Secretaryes Office and the seale of the said Province to be hereunto affixed this seven and twentieth day of Aprill in the Second year of the 236 Colonial Charters [No. xni] Reigne of his most Sacred Majestye aforesaid And in the year of our Lord God One thousand Six hundred and Ei g ht y sIx - THOMAS DONGAN. [On the reverse side of the Charter appears the following indorsements.] May it Please Yo r Honor The Aturney Generall Hath perused This Pattent, And Finds Nothing Contained therein prejudiciall To his Majestyes Interest Ja : Graham Examined Aprile 27 th Seer. 1686 Recorded in the secretaryes office for the province of New Yorke in the N° 1 : booke of pattents begun 1684 from page 278 : to 309: & J. Spragge Seer. New York Nov 1 " y e 5 th 17 13 Rece d of M r Sam le Bayard the City Treasurer Twenty Seven beavers Skins in full for Twenty Seven Years Quit rent of y e within Charter to y 6 27 th of Aprile last as witt- ness my hand T Byerky Co H I Archebald Kennedy Esq r his Majestyes Collector and Receivor General of the Province of New York Do hereby acknowledge to have Received of Cornelius Depeyster Esq r Treasurer of the City of New York by Order of the Mayor Aldermen and Commonality of the Corporation within Mentioned Sixteen Beaver Skins in full for Sixteen years quit Rent of the within Charter due and ending the twenty seventh day of April last past Wittness my hand this eleventh day of December Anno Dom. 1729. I say sixteen Beaver Skins for sixteen years quit Rent Arch d Kennedy Rec r Gen H [No. xiv] Grants 237 No. XIV. ACT OF 1691. 1 An Act for the Setling, Quieting and Con- firming unto the Cities, Towns, Mannors and ffreeholders within this Province, their several Grants, Pattents and Rights Respectively. [Passed, May 6, 1691.] FORASMUCH as the many changes, alterations and dis- turbances that have been lately given unto their Majesties Subjects Inhabiteing within this their Province, hath and doth very much discourage the Setling, improveing and the growth and strength thereof; AND that it is now abso- lutely necessary for the Quieting and satisfieing their Majesties good Subjects within the same; that the rights and priviledges formerly held by and granted, to the respective Cittys, Towns, Mannors and ffreeholders within this Province &c. should be now ratified and confirmed. BE IT THEREFORE ENACTED by the Governour Councill and Representatives convened in General Assem- bly, And it is hereby enacted and declared by the Authority of the Same; That all the Charters, Pattents, Grants, made, given and granted, and well and truely executed under the 1 The present copy is reproduced from N. Y. Col. Laws, 1:224.. This act is ascribed by the historian Smith (Smith, History of the Province of New York, American Ed. 1829) to a desire to get rid of controversies then made in reference to such patents and grants. The real design of the act was to confirm and ratify the patents and grants made under the royal house of Stuart. In this connection it should be observed that a similar enactment in the first constitution of the State of New York saving all former crown grants was much condemned because it was thought to be made exclusively in the interest of the great patentees of the province. The Duke's Laws and an Act passed 2 November, 1683, had already legislated on a like subject prior to the year 1691." — Fowler, Bradford — Laws of N. Y. 1694, Grolier Ed., p. cvii. The above law was printed in Fowler's Bradford, p. 6; Baskett, p. 5; and Chapter 2 of Livingston & Smith and Van Schaack. 238 Colonial Charters [No. xiv] seale of this Province, Constituted and Authorized by their late and present Majtys the Kings of England, and Regis- tred in the Secretaryes office, unto the severall and respective Corporations of bodys politick of the Cittys Towns and Mannors, and alsoe to the severall and respective ffree- holders within this Province, are and shall for ever be deemed, esteemed and reputed good and effectual Charters Patents and grants Authentick in the Law against their Majesties their Heires and Successors for ever notwith- standing of the want of formes in the Law or in the Non- feazence of any right priviledge or Custome which ought to have been done heretofore by the Constitutions and Directions contained in the respective Charters, pattents and grants aforesaid. AND BE IT FURTHER ENACTED by the Authority aforesaid, That all the Chartters Pattents grants, made given and granted as aforesaid, unto all and every the severall and respective Corporations, or bodyes politick of the Cittys Towns and mannors and their successors, and alsoe unto all and every the respective ffreeholders, their heires and assignes forever; within this Province, ARE to all intents and purposes whatsoever hereby ratified and con- firmed To have hold exercise Occupy, Possess and Enjoy all their and every of their former rights Customes Preroga- tives, priviledges preheminencies practices Immunityes Libertys, ffranchisses, Royaltyes and usages whatsoever, In as full and ample manner as if none of these Changes Alteracons, disturbances want of other forms in the Law; or the Nonfeazance of any rights, priviledges or Customs of any of the Corporations aforesaid, had never happened or been neglected any thing herein contained or in any other Law to the Contrary in any wise Notwithstanding PRO- VIDED that nothing herein contained shall be Construed or taken to barr any person or persons of his or their former and Just right or pretences to any house, tract or parcell of [No. xiv] Grants 239 Land within this Province. ALLWAYES PROVIDED, that he or they that have any such Just right or pretence doe make his or their Claime within the space of five yeares; next after the Date hereof AND ALSOE PROVIDED that noething herein Contained shall be intended or Con- strued to the Prejudice or hindrance of the title or Claime of any Person under age Feme Cover, Non Compos Mentis, Imprisonment or beyond the seas. 240 Colonial Charters [No. xv] No. XV. A. ORDER FOR CORNBURY CHARTER FOR NEW YORK CITY 1 [seal] By his Excellency Edward Viscount Cornbury Cap* Gen H and Governour in Cheif of the Provinces of New Yorke New Jersey &c in Councill this 15 th day of Aprill 1708 To May Bickley Esq } Attorney Generall of the Province of New Yorke You are hereby required to prepare a draft of Letters Pattents to the Mayor Aldermen and Commanalty of the Citty of New Yorke For all the Vacant and unappropriated ground on Nassau Island from High Water to Low water mark fronting unto the Citty of New Yorke, from the Place called the Wallabought unto the Red hook against Nutten Island for the better Improvement & accomodation of the Ferry setled between the said Citty and Island; Wherein you are to incert a Clause giving liberty to all persons dwell- ing att the waterside with in the limitts of the aforesaid ground to transport themselves or goods from their respec- tive dwellings or Plantations to the said Citty but not to transport any other person or persons or the goods of any other person or persons whatsoever. You are likewise by the same Letters Pattents to confirm to the said Mayor Aldermen and Commonalty and their Successors for Ever the old fferry with it's appurtenances &c as it is now held and Enjoyed with power to Establish one or more ferry's 1 This letter has been carefully compared with the original which is owned by the New York Historical Society, and, as far as typography will allow, is a verbatim et literatim et punctuatim copy. On the back of the letter appears the following, "A Warr. for a Patent to y e Mayor & Corpo- ration of the Citty of New York of the fferry &c." [No. xv] Grants 241 within the limitts aforesaid, And to make Orders and By- Laws for the due Regulation thereof To hold the aforesaid Premises to the said Mayor Aldermen and Commonalty and their Successors for Ever att and under the yearly quitt Rent of five Shillings and for so doing this shall be your Sufficient consent dated as above CORNBURY By ord r of his Ex'y in Councill Geo Clarke Seer. B. CORNBURY CHARTER FOR NEW YORK CITY 2 ANNE by the grace of God of England Scotland ffrance and Ireland Queen defend r of the ffaith &c TO ALL WHOM these p r sents may in any wise concern sendeth Greeting WHEREAS the Mayor Aldermen and Corhonalty of the City of New York by their petition to our Right Trusty and wellbeloved Couzin Edward Viscount Cornbury our Captain Generall and Governor in Cheif in and over our province of New York and Territories Depending thereon in America And Vice Admirall of the same &c p r ferred in Councill therein setting forth That they having a Right and Interest under Diverse Ancient Charters and Grants by Diverse former Governors and Commanders in Cheif of our said Province of New York under our Noble progenitors in a certain fferry from the said City of New 2 The original document is preserved in the archives of the New York Historical Society. The common council, at its first meeting (April 13) following the announcement, on April 8, of the governor's consent, resolved to raise £300 by mortgaging the ferry, to pay the counsel fees and other charges incident to procuring the grant — Min. Com. Coun., 11:351-52. This grant, known as Queen Anne's Charter, was embodied, entire, in the Mont- gomerie Charter of 1731. See Hoffman, Treatise on the Estate and Rights of the Corporation, p. 273-82. The present copy has been carefully com- pared with the original in the N. Y. Historical Society, and, as far as typography will allow, is a verbatim et literatim et punctuatim copy. 242 Colonial Charters [No. xv] York over the East River to Nassau Island als Long Island and from the said Island to the said City again And have possessed the Same and Received all the proffitts benefitts and Advantages thereof for the space of Fifty years and upwards And perceiving the proffitts advantages and bene- fitts usually Issueing out of the same to Diminish decreas and fall short of what might be reasonably made of the same for the want of the Bounds and Limitts to be Extended and Enlarged on the said Island side whereby to p r vent diverse persons transporting themselv's and Goods to and from the said Island Nassau als Long Island over the said River without comeing or Landing at the usuall and accustomed places where the fferry boats are usually kept and Appointed To the great Loss and Damage of the said City of New York HAVE humbly pray'd our Grant and Confirmation under the great Seal of our said Province of New York of the said fferry called the Old fferry on both sides of the said East River for the transporting of pas- sengers Goods Horses and Cattell to and from the said City as the same is now held and Enjoy'd by the said Mayor Alderman and Comonalty of the said City of New York or their Undertenant or undertenants, And also of all that the Vacent and unappropriated Land from high water Marke to low water Marke on the said Nassau Island als Long Island lyeing contiguous and ffronting the said City of New York from a certain place called the Wallabout unto the Red hook over against Nutten Island for the better Improvement and accomodation of the said fferry with full power leave and lycense to sett up Establish maintein and keep one or more fferry or fferryes for the Ease and Accom- odation of all passengers and Travellers for the transporta- tion of themselves Goods Horses and Cattell over the said River within the Bounds aforesaid as they shall see meet and Convenient and occasion require, And to Establish ordain and make Bye Laws Orders and Ordinances for the due and Orderly Regulation of the same The which peti- [No. xv] Grants 243 tion wee being minded to grant KNOW YEE That of our Especiall Grace certain knowledge and meer motion wee have Given Granted Ratified and Confirmed and in and by these presents for us our Heirs and Successors wee doe Give Grant Ratifie and confirm unto the said Mayor Aldermen and Comonalty of the City of New York and to their suc- cessors and Assigns ALL that the said fferry called the Old fferry on both sides of the said East River for the trans- portation of Passengers Goods Horses and Cattell over the said River to and from the said City and Island as the same is now used held and Enjoyed by the said Mayor Aldermen and Comonalty of the City of New York or their Under- tenant or Undertenants with all and singular the usuall and accustomed fferridg ffees perquisites rents Issues proffitts and other benefitts and advantages whatsoever to the said old fferry belonging or therewith used or thereout ariseing And also all that the aforesaid Vacant and unappropriated Ground lying and being on the said Nassau Island als Long Island from high Water Mark to Low water Mark afore- said contiguous and ffronting the said City of New York from the aforesaid place called y e Wallabout to Redd hook aforesaid THAT IS TO SAY from the East side of the Wallabout opposite the now Dwelling house of James Bobine to the West side of the Redd hook comonly called the fishing place with all and singular the Appurtenances and Hereditaments to the same or any part or parcell thereof belonging or in any wise of right apperteining, Together with all and singular the Rents Issues proffitts ways waters Easements And all other benefitts proffitts advantages and appurtenances which heretofore have now are and which hereafter shall belong to the said fferry Vacant Land and premisses herein before granted and Con- firmed or to any or either of them in any wise apperteining or which heretofore have been now are and which hereafter shall belong be used held received and Enjoyed and all our Estate Right Title and Interest benefitt and Advantage 244 Colonial Charters [No. xv] Claim and Demand of in or to the said fferry Vacant Land and premisses or any part or parcel thereof, and the Revercon and Revercons, Remainder and Remainders together with the yearly and other Rents Revenues and proffitts of the p r misses and of every part and parcell thereof (Except and allways Reserved out of this our present Grant and Confirmation free Liberty Leave and Lycense to and for all and every person or persons Inhabiting or having plantations near the said River by the water side within the Limitts and bounds above mentioned to Transport them- selves Goods Horses and Cattell over the said River to and from the said City of New York and Nassau Island als Long Island to and from their respective Dwellings or plantations without any ferridge or other account to the said fferry hereby Granted and Confirmed to be paid or given so allway's as the said person or persons doe Trans- port themselves only and their own Goods and in their own boats only and not any stranger or their Goods Horses or Cattell or in any other boat.) TO HAVE AND TO HOLD all and Singular the said fferry Vacant Land and p r misses herein before Granted and Confirmed or meant menconed or Intended to be hereby Granted and Confirmed (Except as is herein before Excepted) And all and Singular the Rents Issues proffitts rights Members and Appurte- nances to the same belonging or in any wise of right apper- teining unto the said Mayor Aldermen and Comonalty of the City of New York and their successors and Assign's forever To the only proper use and behoof of the said Mayor Aldermen and Comonalty of the City of New York and their successors and Assign's forever, To be holden of us our heir's and Successors in ffree and Corhon soccage as of our Mannor of East Greenwich in the County of Kent within our kingdome of England, YEILDING RENDER- ING AND PAYING unto us our heirs and successors for the same yearly At our custome house of New York to our Collector and Receiver Generall there for the time being, [No. xv] Grants 245 at or upon the ffeast of the Nativity of S l John the Baptist the yearly Rent or sume of ffive Shillings currant money of New York AND Wee doe further of our Especiall grace Certain knowledge and meer motion for us our heirs and successors Give and Grant unto the said Mayor Aldermen and Comonalty and their successors full and free Leave and License to sett up Establish Keep and maintein one or more fferry or fferry's as they shall from time to time think fitt and Convenient within the Limitts and bounds aforesaid for the Ease and Accommodation of Transporting of passengers Goods Horses and Cattell between the said City of New York and the said Island (Except as is herein before Excepted) UNDER such reasonable Rates and Payments as have been usually paid and received for the Same or which at any time hereafter shall be by them Established by and with the Consent and Approbation of our Governor and Councill of our said Province for the time being, And wee doe further of our Especiall Grace certain Knowledge and meer motion Give and Grant unto the said Mayor Alder- men and Comonalty of the City of New York and their successors full and absolute power and Authority to make Ordain Establish Constitute and Confirm all manner of Bye Laws ord r s Rules Ordinances and Direccons for the more Orderly keeping and Regularly mainteining the aforesaid fferry that now is kept or any fferry or fferry's which shall at any time or times hereafter be sett up Established or kept within the bounds aforesaid by Virtue hereof or of for touching or concerning the same (soe allways as the same be not contrary to our Laws of England and of our province of New York) And the same at all times hereafter to put in Execution or abrogate revoke or Change as they in their good Discretions shall think fitt and most Convenient for the due and orderly keeping regulateing and governing the said fferry or fferry's hereinbefore mentioned. AND LASTLY our Will and pleasure is and wee doe hereby Declare and Grant that these our Letters Patente or the 246 Colonial Charters [No. xv] Record thereof in the secretary's office of our said Province of New York shall be good and Effectuall in the Law to all Intents and Purposes whatsoever Notwithstanding the not true and well reciting or mentioning of the premisses or any part thereof or the Limitts and bounds thereof or of any former or other Letters Patents or Grants whatsoever made or Granted or of any part thereof by us or any of our progenitors unto any person or persons whatsoever Body's Politick or Corporate or any Law or other restraint incer- tainty or Imperfection whatsoever to the Contrary in any wise Notwithstanding, And altho Express mention of the True yearly Value or certainty of the premisses or of any of them or of any other Guifts or Grants by us or by any of our Progenitors heretofore made to the said Mayor Aldermen and Comonalty of the City of New York in these presents is not made or any other matter Cause or thing whatsoever to the contrary thereof in any wise Notwith- standing. IN TESTIMONY whereof wee have Caused these our Letters to be made Patents and the seal of our said Province of New York to our said Letters Patents to be affixed and the same to be Recorded in the secretary's office of our said Province WITTNESS our Right Trusty and Wellbeloved Couzin Edward Viscount Cornbury Cap- tain Generall and Governor in Cheif in and over our Province of New York aforesaid and Territories thereon Depending in America and Vice Admirall of the same &c. in Councill At our ffort in New York the Nineteenth day of Aprill In the Seaventh year of our Reign Annoqj Dni I 7° 8 - Geo. Clarke Secry. (On the reverse side of the charter appears the following endorsements.) New Yorke Aprill 1708 Recorded in the Secfys office of the Province of New Yorke in the book of Record of Pattents Begunn Anno 1695 Folio 355 : 356: 357. Geq Clarke Secry [No. xv] Grants 247 New York Nov r y e 5 th 17 13 Rec d of M r Sam 11 Bayard City Treasurer Twenty five Shill- ings Proclamation money in full for five Years Quit rent of y 6 Ferry till Aprill last say till S l John's day 17 13 T Byerky Coll I Archibald Kennedy Esq r his Majestys Collector and Receiver General of the Province of New York do hereby Acknowledge to have Received of Cornelius De Peyster Esq r Treasurer of the City of New York by Order of the Mayor Aldermen and Commonality of the City of New York within Mentioned the Sum of four pounds of Lawfull Money of the Plantations Commonly Called Proclamation Money in full for Sixteen years quit Rent of the within Grant or Patent due and Ending the Nineteenth day of April last past Witness my hand this Eleventh day of December Anno Dom 1729 in the third of his Majestys Reign King George the Second — Arch d Kennedy Rec r Gen" Pattent for the Land Between high and Low Water between the Waleboght and the Red Hooke Nassau Island. 248 Colonial Charters [No. xvi] No. XVI. CHARTER OF THE CITY OF NEW YORK GRANTED IN THE YEAR 1731 BY GOVERNOR JOHN MONTGOMERIE. 1 GEORGE the Second, by the grace of God, of Great Britain, France, and Ireland, King Defender of the ffairh, &c. To all whom these present letters shall come, greeting WHEREAS, on the twenty second day of April, in the year of our Lord One Thousand Six hundred Eighty and six, Thomas Dongan, then Lievtenant Governour and Vice Admiral of New York and its Dependencies, under our predecessor, James the Second then King of England, &o, did make and Execute a certain Grant, or Instrument in writing, under the Seal of the province of New York, in these words ffollowing: Gov. Don- ( 1 ) . 3 Thomas Dongan, Lievtenant Governour and Kan's , Charter Vice Admiral of New York and its Dependencies, under his of 1 686. 2 1 The original document, consisting of 35 parchment leaves, with the large provincial seal attached, is still owned by the city, having been deposited for safe-keeping in the New York Public Library by Comptroller Bird S. Coler in 1899, together with the Dongan Charter and several other public documents belonging to the city. The seal is that of George II received from England in 1730. (N. Y. Col. Docs., V:909.) The present copy has been carefully conformed with the original document and, as far as typography will allow, is a verbatim et literatim et t>;inctuatim copy. It is to be noted that the Dongan Charter of 1686 and the Cornburry Charter of 1708 were embodied entire in the Montgomerie Charter. 2 The marginal notes herein follow generally those appearing in the first printed edition of the charter, printed by John Peter Zenger in 1735. The original marginal notes were probably prepared by Abraham Lodge who was paid £5 "Entring fair in A Book the Charter of this City for the use of the Corporation with Marginal Notes ..." (M.C.C., IV:i;o.) 3 The paragraph or section numbers do not appear in the original docu- ment. They are inserted here for convenience in citing portions of the charter. [No. xvi] Grants 249 Majesty James the second by the grace of God, of England, Scotland, France, and Ireland, King, Defender of the faith, supreme lord and proprietor of the Colony and province of New York, and its Dependencies in America, &c. To All to whom this shall Come, Sendeth greeting WHEREAS, the City of New York, is an Ancient City within the said province, and the citizens of the said City have anciently been a body politick and Corporate; and the Citizens of Recital of the said City have held, used, and enjoyed, as well within r ights and the same, as elsewhere, in the said province, diverse and P rivile £ es - sundry rights, liberties, privileges, ffranchises, ffree Customs, preheminences, Advantages, Jurisdictions, Emoluments, and Immunities, as well by prescription as by Charter, Letters patent, Grants, and Confirmations, not only of diverse Governors and Comanders in Chief, in the said province, but also of Several Governors, Directors, generals, and Comanders in Chief, of the Nether Dutch Nation, whilst the same was, or has been under their power and subjection. AND WHEREAS diverse Lands, Tenements, and Hereditaments, Jurisdictions, Liberties, Immunities, and privileges, have heretofore been given and granted, or men- tioned to be given and granted, to the Citizens and Inhabitants of the said City, sometimes by the Name of Schout, Burgo Masters, and Schepens of the City of New Amsterdam and sometimes by the name of the Mayor, Aldermen, and Commonalty of the City of New York some- times by the name of the Mayor, Aldermen, and Sherif, of the City of New York sometimes by the name of the Mayor and Aldermen of the City of New York and by diverse other names as by their several letters patents, Charters, grants, writings, Records and Minuments, amongst other things, may more fully appear. AND WHEREAS the Citizens and Inhabitants of the said City have Erected, built and appropriated, at their own proper Costs and charges, several publique Buildings, Accommodations, and Con- veniences for the said City, that is to say, the City Hall, or 250 Colonial Charters [No. XVI] Stathouse, with the ground thereunto belonging, two market houses, the Bridge into the Dock, the Wharves or Docks, with their appurtenances and the new Burial place without the gate of the City and have established and settled one fferry from the said City of New York to Long Island, for the Accommodation and Convenience of passengers, the said Citizens and Travellers. AND WHEREAS, several the Inhabitants of the said City, and of Manhattans Island, do hold from and under his Most Sacred Majesty respectively, as well by Several and respective Letters patents, grants, Charters, and Con- veyances, made and granted by the late Lievtenants, Gover- nours, or Comanders in Chief, of the said province, as other- wise, several and respective Messuages, Lands, Tenements, and Hereditaments, upon Manhattans Island and in the City of New York, aforesaid, and that as well the said Mayor, Aldermen, and Commonalty of the said City, and their successors, as also, the Inhabitants of the said Man- hattans Island, and City of New York, aforesaid, and their Heirs, and Assigns respectively, may hold, exercise, and enjoy, not only such and the same Liberties, privileges, and ffranchises, rights, Royalties, ffree Custom, Jurisdictions, and Immunities, as they have anciently had, used, held, and enjoyed but also such publick Buildings, accommodations, Conveniences, Messuages, Tenements, Lands, and Heredita- ments, in the said City of New York, and upon Manhattans Island aforesaid, which, as aforesaid, have been by the r 2 -j Citizens and Inhabitants/ERECTED and built, or which have, as aforesaid, been held, enjoyed, granted, and con- veyed unto them, or any of them, respectively. Gram to (2). KNOW YE THEREFORE, That I, the said the corpo- Thomas Dongan, by virtue of the Commission and Author- ration ot . all their jty unto me given, and power in me residing, at the humble rights and petition of the now Mayor, Aldermen, and Commonalty of p rivilesres. /Oblique lines in text and numbers ia margin throughout this charter refer to original manuscript pages of charter in New York Public Library. [No. xvi] Grants 251 the said City of New York, and for diverse other good causes and Considerations, me thereunto moving, HAVE given, granted, ratified, and confirmed, and by these presents, for and on the behalf of his most sacred Majesty aforesaid, his Heirs, Successors, and Assigns, DO give, grant, ratify, and Confirm unto the said Mayor, Aldermen and Commonalty of the said City, all and every such and the same Liberties, privileges, ^franchises, rights, Royalties, ffree-customs, Jurisdictions, and immunities, which they by the name of the Mayor, Aldermen and Commonalty, or otherwise, have anciently had, held, used, or enjoyed, PRO- VIDED always, that none of the said liberties, priviledges, ffranchises, rights, free customs, Jurisdictions, or Immunities be inconsistent with, or repugnant to the Laws of his Majesties Kingdom of England, or any other the laws of the general Assembly of this province and the aforesaid publick Buildings, Accommodations, and Conveniences in the said City, that is to say, the aforesaid City Hall, or Stathouse, with the ground thereunto belonging, two Market houses, the Bridge into the Dock, the wharves or Dock, the said new burial place, and the aforementioned fferry, with their and every of their rights, members and appurtenances, together with all the profits, benefits and advantages which shall or may accrue and arise at all times hereafter for Dockage or Wharfage, within the said Dock, with all and singular the rents, Issues, profits, gains, and advantages which shall or may arise, grow, or accrue by the said City Hall, or Stathouse, and ground thereunto belong- ing, Market houses, Bridge, Dock, Burying place, fferry, and other the above mentioned premises, or any of them and also all and every the Streets, Lanes, Highways and Alleys within the said City of New York, and Manhattans Island aforesaid, for the publick use and service of the said Mayor, Aldermen and Commonalty of the said City, and of the Inhabitants of Manhattans Island aforesaid, and Travellers there; together with full power, license and 252 Colonial Charters [No. xvi] Authority to the said Mayor, Aldermen and Commonalty, and their successors forever, to Establish, appoint, Order, and direct the Establishing, making, laying out, ordering, amending and repairing of all Streets, Lanes, Alleys, High- ways, water Courses, fferry and Bridges, in and throughout the said City of New York and Manhattans Island afore- said, necessary, needful and convenient for the Inhabitants of the said City, and Manhattans Island aforesaid, and for all Travellers and passengers there: PROVIDED always that this said License so as above granted, for the Estab- lishing, making, laying out of Streets, Lanes, Alleys, High- ways, fferries and Bridges, be not extended or be Construed to extend, to the taking away of any person or persons right or property, without his, her, or their Consent, or by some known law of the said province AND for the Considera- tions aforesaid, I do likewise give, grant, ratify, and Con- firm unto all and every the respective Inhabitants of the said City of New York, and of Manhattans Island aforesaid, and their several and respective heirs, and assigns, all and every the several and respective Messuages, Tenements, Lands and Hereditaments, situate, lying, and being in the said City, and Manhattans Island aforesaid, to them sever- ally and respectively granted, Conveyed and confirmed, by any the late Governours, Lievtenants, or Comanders in Chief, of the said province, or by any of the former Mayors or Deputy Mayors and Aldermen of the said City of New York, by Deed, grant, Conveyance, or otherwise howsoever; To hold to their several and respective Heirs and Assigns forever Grants to (3). AND I do by these presents, give and grant unto ration of the said Mayor, Aldermen and Commonalty of the said all waste £| t y Q £ New York, all the waste, vacant, unpatented and and vacant J r lands on unappropriated lands, lying and being within the said City hattan's of New York, and on Manhattans Island aforesaid, extend- Island. j n g anc j reaching to the low water mark, in, by and through all parts of the said City of New York, and Manhattans [No. xvi] Grants 253 Island aforesaid, together with all Rivers, Rivulets, Coves, Creeks, ponds, waters, and watercourses in the said City and Island, or either of them, not heretofore given or granted, by any of the former Governours, Lievtenants, or Comanders in Chief under their or some of their hands and seales, or seal of the province, or by any of the former Mayors or Deputy Mayors and Aldermen of the said City of New York, to some respective person or persons, late Inhabitants of the said City of New York, or Manhattans Island, or of other parts of the said province AND I do by these presents, give, grant, and confirm unto the said Mayor, Aldermen and Commonalty, of the said City of New York, and their successors forever, the Royalties of fishing, fowling, hunting, hawking, Minerals and other Royalties and privileges, belonging or appertain- ing to the City of New York, and Manhattans Island afore- said (Gold and Silver mines only excepted) To have,/ [ 3 ] HOLD, and enjoy all and singular the premises, to the said Mayor, Aldermen and Commonalty of the said City of New York, and their successors forever, RENDERING and paying therefor unto his Most Sacred Majesty, his Heirs, Successors or Assigns, or to such Officer or Officers, as shall be appointed to receive the same, yearly forever hereafter, the annual Quit rent or Acknowledgment of one Beaver Skin, or the value thereof, in Current money of this province, in the said City of New York, on the five and twentieth day of March, Yearly forever (4). AND, Moreover, I will, and by these presents do grant, appoint, and declare, that the said City of New York, and the Compass, precincts, and limits thereof, and the Jurisdic- Jurisdiction of the same, shall from henceforth extend and the city to reach itself, and may and shall be able to reach forth and f xtend *° 1 t low water extend it Self, as well in length and in breadth as in Circuit, mark all to the farthest extent of, and in, and throughout all the said island Island Manhattans, and in and upon all the Rivers, Rivu- ^ an " , hattan s. lets, Coves, Creeks, waters and watercourses, belonging to 254 Colonial Charters [No. xvi] the same Island, as far as low water Mark. AND I do also, for and on the behalf of his Most Sacred Majesty aforesaid, his heirs and successors, firmly enjoin and Com- mand, that the aforesaid Mayor, Aldermen, and Com- monalty of the City aforesaid, and their successors, shall and may freely and Quietly have, hold, use, and enjoy, the aforesaid Liberties, Authorities, Jurisdictions, ffranchises, rights, Royalties, priviledges, Exemptions, Lands, Tene- ments, Hereditaments, and premisses aforesaid, in manner and form aforesaid, according to the tenour and effect of the aforesaid grants, patents, Customs, and Letters patents of grant and Confirmation, without the Let, Hinderance or Impediment of me, or any of my Successors, Governours, Lieutenants, or other Officers whatsoever city (5). AND ALSO, I do, for and on the behalf of his most sacred Majesty aforesaid, his heirs and successors, grant to the Mayor, Aldermen, and Commonalty of the said City of New York, and their successors, by these presents, that for the better government of the said City, liberties and precincts thereof, there shall be forever here- after within the said City, a Mayor and Recorder, Town Clerk, and six Aldermen, and six Assistants, to be appointed, nominated, elected, chosen and sworn, as herein after is particularly and respectively mentioned, who shall be for- ever hereafter called the Mayor, Aldermen and Common- alty of the City of New York; and that there shall be for- ever, one Chamberlain, or Treasurer, One Sherif, one Coroner, One Clerk of the Market, one high Constable, seven sub constables, and one Marshall or Serjeant at Mace, to be appointed, chosen, and sworn, in manner herein after mentioned. (6). AND I do, by these presents, for and on the behalf of his Most sacred Majesty aforesaid, his Heirs, successors and assigns, Declare, Constitute, grant and appoint, that the Mayor, Recorder, Aldermen, and Assistants, of the [No. xvi] Grants 255 said City of New York, for the time being, and they which hereafter shall be the Mayor, Recorder, and Aldermen, and Assistants, of the said City of New York, for the time being, and their successors, forever hereafter be, and shall be, by force of these presents, one body Corporate and politick, in Deed, fact and name, by the name of, the Mayor, Alder- Mayor, men and Commonalty of the City of New York; and them Aldermen, by the name of, the Mayor, Aldermen and Commonalty of a A nd . J J ... Assistants the city of New York, one Body Corporate and politick, in made a Deed, fact, and name; I do really and fully Create, Ordaine, P orate C< and make, Constitute, and Confirm by these presents; And that politic by the Name of the Mayor, Aldermen and Commonalty of the City of New York, they may have perpetual succession; and that they, and their successors, forever, by the Name of, the Mayor, Aldermen and Commonalty of the City of New York, be, and shall be, forever hereafter, persons able, and in Law capable, to have, get, receive, and possess Lands, Tenements, Rents, Liberties, Jurisdictions, ffranchises, and Hereditaments to them and their successors, in ffee simple, or for Term of Life, Lives, or years, or otherwise; and also goods and chatties; and also other things, of what nature, kind or quality soever; and also to give, grant, let, set, and assign, the same Lands, Tenements, hereditaments, goods and chatties; and to do and Execute all other things about the same by the name aforesaid. AND ALSO that they be, and forever shall be hereafter, persons able in Law, capable to plead and be impleaded, answer and be answered unto, defend and be defended, in all or any of the Courts of his said Majesty, and other places whatsoever, and before any Judges, Justices, and other person or persons whatso- ever, in all and all manner of actions, suits, Complaints, Demands, pleas, Causes, and matters, whatsoever, of what nature, kind, of Quality soever, in the same, and in the like manner and form as other people of the said province, being persons able, and in Law capable, may plead and be impleaded, answer and be answered unto, defend and be Officers named 256 Colonial Charters [No. xvi] defended, by any lawfull ways and means whatsoever; and that the said Mayor, Aldermen and Commonalty of the said City of New York, and their Successors, shall and may forever hereafter, have one Common Seal to serve for the sealing of all and singular their Affairs and Businesses touch- ing or concerning the said Corporation, and it shall and may be lawfull to and for the said Mayor, Aldermen, and Commonalty of the said City of New York, and their Suc- cessors, as they shall see cause to break, change, alter, and new make, their said Common Seal, when, and as often as to them it shall seem Convenient. (7). AND further, know yee, that I have Assigned, [4] named, ordained, and constituted, and, by/THESE presents, City do assign, name, Ordain, and Constitute, Nicholas Bayard, now Mayor, of the said City of New York, to be present Mayor of the said City; and that the said Nicholas Bayard, shall remaine and continue in the Office of Mayor there, untill another fit person shall be appointed and sworn in the said Office, according to the Usage and Custom of the said City; and as in and by these presents is hereafter mentioned and directed. AND I have assigned, named, Ordained, and Constituted, and by these presents, do assign, name, ordain, and Constitute, create and declare James Graham Esq e to be the present Recorder of the said City; to do and execute all things, which unto the said Office of Recorder of the said City doth, or may in any wise appertain or belong AND I have assigned, named, Ordained, and Constituted, and by these presents, do assign, name, Ordain, Constitute, create and declare John West Esq e Town Clerk of the said City; to do and execute all things which unto the Office of Town Clerk may any wise appertain or belong And I have named, Assigned, Constituted, and made, and by these presents, do Assign, name, Constitute, and make, Andrew Bown, John Robinson, Wilham Beekman, John Delavall, Abraham Depeyster and Johannes Kip, Citizens and [No. xvi] Grants 257 Inhabitants of the said City of New York, to be the present Aldermen of the said City. And also I have made, Assigned, named, and Constituted, and by these presents, do assign, name, Constitute and make, Nicholas Demyer, Johannes Van Brugh, John De Brown, Theunis Dekey, Abraham Corbit, and Wolfert Webber, Citizens and Inhabitants of the said City, to be the present Assistants of the said City. And also, I have Assigned, chosen, named, and constituted, and by these presents do assign, choose, name, and constitute peter Delanoy, Citizen and Inhabitant of the said City, to be the present Chamberlain or Treasurer of the City aforesaid. And I have assigned, named, con- stituted, and appointed, and by these presents, do assign, name, Constitute, and appoint John Knight Esq e one other of the said citizens there, to be present Sherif of the said City, and have Assigned, named, Constituted, and appointed, and by these presents do assign, name, Constitute, and appoint Jarvis Marshall, one other of the said Citizens there, to be the present Marshall of the said City AND I do by these presents, grant to the said Mayor, Aldermen, and Commonalty of the said City of New York, and their successors, that the Mayor, Recorder, Aldermen, and Mayor, Assistants of the said City for time being, or the Mayor, and™hree Recorder, and any three or more of the Aldermen, and any or more i r 1 a r i • i • i i Aldermen three or more or the Assistants, for the time being, be and and shall be called the Common Councill of the said City, and ^be*!!* 8 that they, or the greater part of them, shall or may have Common full power and Authority, by virtue of these presents, from time to time, to call and hold Common Councill within the Common councill house, or City Hall of the said City: and there, as occasion shall be, to make Laws, Orders, Ordi- with nances and Constitutions, in writing; and to add, alter, make' Laws Diminish or reform them, from time to time, as to them and ° rdi " shall seem necessary and convenient (not repugnant to the prerogative of his most sacred Majesty aforesaid his Heirs and successors or to any of the Laws of the Kingdom of 258 Colonial Charters [No. xvi] England or other the laws of the general Assembly of the province of New York) for the good rule, Oversight, Cor- rection, and government of the said City and Liberties of the same, and of all the Officers thereof and for the several Tradesmen, Victuallers, Artificers, and of all other the people and Inhabitants of the said City, Liberties, and precincts, aforesaid, and for the better preservation of Government, and Disposall of all the Lands, Tenements, and Hereditaments, goods and Chatties of the said Corpo- ration; which Laws, Orders, Ordinances, and Constitutions, shall be binding to all the Inhabitants of the said City, Liberties, and Precincts aforesaid; and which Laws, Orders, Ordinances, and Constitutions, so by them made, as afore- said, shall be and remain in force for the space of three Months, and no longer, unless they shall be allowed of, and confirmed by the Governour and Councill for the time being AND I do further, on the behalf of his sacred Majesty aforesaid, his Heirs and successors, appoint and grant, that the said Common Councill of the said City, for the time being, as often as they make, Ordain, and Estab- lish such Laws, Orders, Ordinances, and Constitutions, as aforesaid, shall or may make, Ordain, Limitt provide, set, impose, and tax, reasonable fines and Amerciaments against and Upon all persons Offending against such Laws, Orders, Ordinances, and Constitutions, as aforesaid, or any of them to be made, ordained, and Established as aforesaid, and the said ffines, and Amerciaments shall and may require, Demand, Levy, take, and receive by warrants under the Common Seal, to and for the use and Behoof of the Mayor, Aldermen, and Commonalty of the said City, and their Successors, either by Distress and sale of the goods and Chatties of the Offender therein, if such goods and Chatties may be found within the said City, liberties and precincts thereof, rendering to such Offender and offenders, the over- plus, or by any other lawfull ways or meanes whatsoever. [No. xvi] Grants 259 (8). AND I do, by these presents, appoint and ordain the assigning, naming, and appointment of the Mayor and Sherif of the said City, that it shall be as followeth viz 1 upon the feast day of S* Michael the Arch Angell/YEARLY, [5] the Lieutenant Governour or Commander in Chief, for the time being, by and with the advice of his Councill shall nominate and appoint such person as he shall think fit to be Mayor of the said City, for the year next ensueing; and City one other person of sufficient Ability and Estate, and of how and good capacity in Understanding to be Sherif of the said ™ hea t0 City of New York, for the Year next ensueing; and that pointed, & such person as shall be named, assigned, and appointed Mayor and such person as shall be named assigned and appointed sheriff of the said City, as aforesaid, shall, on the fourteenth day of October then next following, take their several and respective Corporal Oaths, before the Governor and Councill for the time being, for the due execution of their respective Offices, as aforesaid; and that the said Mayor and Sherif, so to be nominated, assigned, and appointed, as aforesaid, shall remain and continue in their said respective Offices, untill another fit person shall be nominated, appointed, and sworn, in the place of Mayor; and one other person shall be nominated and appointed in the place of Sherif of the said City, in manner aforesaid. AND further, that According to the now Usage and Custom of the said City, the Recorder Town Clerk and Clerk of the Market of the said city, shall be persons of good Capacity and Understanding, and such persons as his Most Sacred Majesty aforesaid, his Heirs and Successors, shall, in the said respective Offices of Recorder, Town Clerk, and Clerk of the Market, appoint and Commissionate; and for defect of such Appointments, and Commissionating, by his most sacred Majesty aforesaid, his heirs and successors, to be such persons as the Lievtenant Governour and Commander in Chief of the said province for the time being, shall appoint and Commissionate; which persons so commission- 260 Colonial Charters [No. XVI] Mayor & Recorder, with three or more Aldermen to hold sessions of the peace. ated to the said Offices of Recorder, Town Clerk, and Clerk of the Market, shall have, hold, and enjoy, the said offices, according to the Tenour and Effect of their said Commis- sions, and not otherwise. AND ffurther, that the Recorder, Town Clerk, Clerk of the Market, Aldermen, Assistants, Chamberlain, High Constable, petty Constables, and all other Officers of the said City, before they, or any of them, shall be admitted to enter upon and execute their respective Offices, shall be sworn faithfully to Execute the same, before the Mayor, or any three or more of the Aldermen for the time being AND I do, by these presents, for and on the behalf of his Most Sacred Majesty, his Heirs and Suc- cessors, grant and give Power and authority to the Mayor and Recorder of the said City, for the time being, to Administer the same respective Oaths to them accordingly. AND further, I do by these presents, grant, for and on the Behalf of his most sacred Majesty aforesaid, his Heirs and Successors, that the Mayor and Recorder of the said City for the time being, and three or more of the Aldermen of the said City, not exceeding five, shall be Justices and keepers of the peace of his Most Sacred Majesty, his Heirs and Successors, and Justices to hear and determine matters and causes within the said City and Liberties, and precincts thereof; and that they or any three or more of them, whereof the Mayor and Recorder, or one of them, for the time being, to be there, shall and may forever hereafter, have power and Authority, by virtue of these presents, to hear and determine all and all manner of petty Larcenies, Riots, Routs, Oppressions, Extortions, and other trespasses and Offences whatsoever, within the said City of New-York, and the Liberties and precincts aforesaid, from time to time, ariseing and happening, and which arise or happen and any ways belong to the Offices of Justices of the peace, and the Correction and punishment of the Offences afore- said, and every of them, according to the Laws of England, [No. xvi] Grants 261 and the Laws of the said province; and to do and execute all other things in the said City, Liberties, and Precincts aforesaid, so fully and in ample manner, as to the Commis- sioners assigned, and to be assigned, for the keeping of the peace in the said County of New-York, doth or may belong (9). AND, Moreover, I do by these presents, for and on the behalf of his Most Sacred Majesty aforesaid, his Heirs and Successors, appoint, that the Aldermen, Aldermen, Assistants, High Constable, and petty Constables, within ^ n S d' stants * the said City, be yearly chosen on the ffeast day of Saint Constables, Michael the Arch Angell, forever, viz 1 : One Alderman, c hosen One Assistant, and One Constable, for each respective ward, y earl y- and One Constable for each Division in the Out ward, in such publick place in the said respective wards, as the Alder- men for the time being, for each ward, shall Direct and appoint; and that the Aldermen, Assistants, and petty Constables, be chosen by Majority of voices of the Inhabit- ants of each ward ; and that the High Constable be appointed by the Mayor of the said City for the time being; and that the Chamberlain shall be yearly chosen, on the said ffeast day, in the said City Hall of/THE said City, by the Mayor [6] and Aldermen and Assistants, or by the Mayor, or three or more of the Aldermen, and three or more of the Assistants of the said City, for the time being. AND I do, by these presents, Constitute and appoint the said John West, to be the present Town Clerk, Clerk of the peace, and Clerk of the Court of pleas, to be holden before the Mayor, Recorder, and Alderman, within the said City, and the Liberties and Precincts thereof. AND further, I do by these presents, for and on the behalf of his Most Sacred Majestie aforesaid, his Heirs and Successors, require and strictly charge and command, that the Sherif, Town Clerk, Clerk of the peace, high Constable, petty Constables, and all other subordinate officers in the said City, for the time being, and every of them respectively, jointly and severally, 262 Colonial Charters [No. XVI] Mayor, recorder and Aldermen, Justices of the Peace. Mayor to grant Licenses to Tavern Keepers. as cause shall require, shall attend upon the said Mayor, Recorder, and Aldermen, of the said City, for the time being, and every or any of them, according to the duty of their respective places, in and about the Executing of such the Commands, precepts, Warrants, and processes, of them and every of them, as belongeth and appertaineth to be done or executed; and that the aforesaid Mayor, Recorder, and Aldermen, and every of them, as Justices of the peace for the time being, by their or any of their Warrants, all and every person and persons for high Treason or petty Treason, or for suspition thereof, or for other ffelonies whatsoever, and all Malefactors and Disturbers of the peace, and other Offendors for other Misdemeanours, who shall be apprehended within the said City, or Liberties thereof, shall and may send and commit, or cause to be sent and committed, to the Common goal of the said City, there to remaine and be kept in safe custody, by the Keeper of the said Goal, or his Deputy, for the time being, untill such Offender and Offenders shall lawfully delivered thence. AND I do, by these presents, for and on the behalf of his Most Sacred Majesty aforesaid, his Heirs and successors, charge and require the Keeper and Keepers of the said goal for the time being, and his and their Deputy and Deputys, to receive, take, and in safe custody to keep, all and singular such person and persons so apprehended, or to be appre- hended, sent, and Committed, to the said goal, by warrant of the said Justices, or any of them as aforesaid, untill he and they so sent and committed to the said goal, shall from thence be delivered by due course of Law. ( 10). AND further, I do grant and confirm for and on the behalf of his most sacred Majesty aforesaid, his Heirs and successors, that the said Mayor of the said City, for the time being, and no other (according to the usage and custom practised in the said City of New York, in the times of my predecessors, the several Lievtenants, Governours, and Commanders in Chief of this province) shall have [No. xvi] Grants 263 power and authority to give and grant Licenses annually, under the publick seal of the said City, to all tavern keepers, Innkeepers, Ordinary keepers, Victuallers, and all publick sellers of wine, strong waters, syder, beer, or any other sort of Liquors, by Retaile within the City aforesaid, Manhat- tans Island, or their Liberties and precincts thereof; And that it shall and may be lawfull to and for the said Mayor of the said City, for the time being, to ask, demand, and receive, for such License, by him to be given and granted, as aforesaid, such sum or sums of money, as he and the per- son to whom such License shall be given or granted, shall agree for, not exceeding the sum of thirty shillings for each License. All which money, as by the said Mayor shall be so received, shall be used and applyed to the publick Use of the said Mayor, Aldermen, and Commonalty, of the said City of New York, and their successors, without any Account thereof to be rendred, made or done, to any of the Lievtenants or Governours of this province, for the time being, or any of their Deputies. ( 1 1 ) . AND Know Yee that for the better government of the said City, and for the welfare of the said Citizens, Tradesmen, and Inhabitants thereof, I do by these presents, for and on the behalf of his most sacred Majesty, his heirs and successors, give and grant to the said Mayor, Alder- men, and Commonalty of the said City, and their successors Mayor, that the Mayor, Recorder, and Aldermen, or the Mayor ?nd°Alder- and any three or more of the Aldermen for the time being, men > or shall, from time to time, and all times hereafter, have full and any power and Authority, under the Common Seal, to make free ^" or Citizens, of the said City, and Liberties thereof; and no Aldermen person or persons whatsoever, other than such free Citizens, Freemen, shall hereafter use any art, trade, Mystery, or manual Occu- pation, within the said City, Liberties, and precincts thereof, saving in the times of ffaires there to be kept, and during the Continuance of such ffaires only, and in case any person 264 Colonial Charters [No. xvi] or persons whatsoever, not being free Citizens of the said City, as aforesaid, shall at any time hereafter use or exer- cise any Art, trade, Mystery, or manual Occupation, or shall, by himself, themselves, or others, sell, or expose to sale, any manner of Merchandize or wares whatsoever, by Retaile in any house, shop, or place, or standing within the said City, or the Liberties or precincts thereof: no fair being then kept in the said City, and shall persist therein after warning to him or them given, or left by the appointment of the Mayor of the said City, for the time being, at the place or places where such person or persons shall so use or exercise any art, trade, Mystery, or manual Occupation; or shall sell or expose to sale, any wares or merchandizes, as aforesaid, by retail; then it shall be lawfull for the Mayor of the said City for the time being, to cause such shop windows to be shut up, and also to Impose such reasonable fine for such Offence, not exceeding five pounds for every respective Offence; and the same nine and Sines so Imposed, [7] to/LEVY and take by Warrant under the Common Seal of the said City for the time being by Distress and Sale of the goods and Chatties of the person or persons so Offending in the premisses found within the Libertys or precincts of the said City rendering to the party or parties the Overplus or by any other lawfull ways or means whatsoever to the only use of the said Mayor Aldermen and Commonalty of the said City of New York and their Successors without any account to be rendred made or done to the Lievtenants Governours or Commanders in Chief of this province for the same provided that no person or persons shall be made free as aforesaid but such as are his Majestys natural born Subjects or such as shall first be naturalized by act of general Assembly or shall have Obtained Letters of Denization under the hand of the Lievtenant Governor or Commander in chief for the time being and seal of the province And that all persons to be made free as aforesaid Shall and do pay for the publick use of the said Mayor Aldermen and Com- [No. xvi] Grants 265 monalty of the said City such sum and sums of money as heretofore hath been used and accustomed to be paid and received on their being admitted ffreemen as aforesaid provided it is not exceeding the sum of five pounds (12). AND further I do by these presents for and on the behalf of his most sacred Majesty aforesaid his Heirs Corpora- and successors grant to the Mayor Aldermen and Com- hold i°ands monalty of the said City that they and their successors be forever persons able and capable and shall have power to purchase have take and possess in ffee simple Lands Tene- ments rents and other possessions within or without the same City to them and their successors forever so as the same exceed not the yearly vallue of One thousand pounds ^ Annum the statute of Mortmain or any other Law to the Contrary notwithstanding and the same Lands Tenements Hereditaments and premisses or any part thereof to demise grant Lease set over assign and dispose at their own will and pleasure and to make seal and accomplish any Deed or Deeds Lease or Leases Evidences or writings for or con- cerning the same or any part thereof which shall happen to be made and granted by the said Mayor Aldermen and Commonalty of the said City for the time being (13). AND further I do by these presents for and on the behalf of his most Sacred Majesty aforesaid his Heirs and Successors grant to the said Mayor Aldermen and Com- monalty that they and their successors shall and may for- ever hereafter hold and keep within the said city in every week of the year three market days the one upon Tuesday the other upon thursday and the other upon Saturday weekly for ever (14). AND also I do by these presents for and on the behalf of his most Sacred Majesty aforesaid his Heirs and To lay Successors grant to the Mayor Aldermen and Commonalty ground^ of the said City that they and their successors and Assigns , an !* , • r 1 • 1 build. shall and may at any time or times hereafter when it to them 266 Colonial Charters [No. XVI] To hold Courts of Common Pleas. Grant to the Cor- poration of all their former franchises. shall seem fit and convenient take in fill and make up and lay out all and singular the Lands and ground in and about the said City and Island Manhattans and the same to build upon or make use of in any other manner or way as to them shall seem fit as far into the Rivers thereof and that encom- pass the same as low water mark aforesaid (15). AND I do by these presents for and on the Behalf of his most Sacred Majesty aforesaid his Heirs and Suc- cessors give and grant unto the aforesaid Mayor Aldermen and Commonalty of the said City of New York and their successors that they and their successors shall and may have hold and keep within the said City and Liberties and pre- cincts thereof in every week in every year forever upon tues- day one Court of Common pleas for all actions of Debt Trespass trespass upon the Case Detinue Ejectment and other personal actions and the same to be held before the Mayor Recorder and Aldermen or any three of them whereof the Mayor or Recorder to be one who shall have power to hear and determine the same pleas and actions according to the rules of the Common Law acts of General Assembly of the said province (16). AND I do by these presents for and on behalf of his most Sacred Majesty aforesaid his Heirs and Successors grant to the said Mayor Aldermen and Commonalty of the said City of New York and their successors that the said Mayor Aldermen and Commonalty of the said City and their successors shall have and enjoy all the priviledges franchises and powers that they have and use or that any of their predecessors at any time within the Space of Twenty Years last past had took or enjoyed or ought to have had by reason or under any pretence of any former Charter grant prescription or any other right Custom or usage although the same have been forfeited lost or have been ill used or not used or abused or discontinued albeit they be not particularly mentioned and that no Officer shall Disturb [No. xvi] Grants 267 them therein under any pretence whatsoever not/ONLY [8] for their future but their present enjoyment thereof PRO- VIDED always that the said priviledges ^franchises and powers be not inconsistent with or repugnant to the Laws of his Majesties Kingdom of England or other the Laws of the general Assembly of this province as aforesaid AND SAVING to his most Sacred Majesty aforesaid his Heirs Successors and Assigns and the Lievtenants Governours and Commanders in Chief and other Officers under him and them in ffort James in or by the City of New York and in all the Liberties Boundarys extents priviledges thereof for the maintenance of the said ffort and garrison there all the right Use title and Authority which they or any of them have had used or exercised there and also One Messuage or Tenement next the City Hall and one Messuage by the ffort now in the possession of Thomas Coker gent the peece of ground by the gate called the Governours garden and the Land without the gate called the Kings ffarm with the swamp next to the same Land by the ffresh water and saving the several rents and Quitrents reserved due and Quit rents paiable from several persons Inhabiting within the said City reservecl - and Island Manhattans by virtue of former grants to them made and given and saving to all other persons bodies politick and Corporate their Heirs Successors and Assigns all such right title and claim possessions rents services com- mons Emoluments Interest in and to any thing which is theirs (save only the ^franchises aforesaid) in as ample manner as if this Charter had not been made (17). AND FURTHER I do appoint and Declare that the Incorporation to be founded by this Charter shall not at any time hereafter do or suffer to be done any thing by means whereof the Lands Tenements or Hereditaments stock goods or Chatties thereof or in the hands custody possession of any the Citizens of the said City such as have been set let given granted or collected to and for pious and 268 Colonial Charters [No. XVI] Grants to charitable uses saved. Recital of several other buildings made by the City. charitable uses shall be wasted or misemployed contrary to the Trust or Intent of the flounder or giver thereof and that such and no other Construction shall be made thereof than that which may tend most to advantage religion Justice and the publick good and to suppress all Acts and Con- trivances to be invented or put in use contrary thereunto IN WITNESS whereof I have caused these presents to be entered in the secretarys Office and the seal of the said province to be hereunto affixed this seven and twentieth day of April in the second year of the reign of his most Sacred Majesty aforesaid and in the Year of our Lord God One thousand Six hundred and eighty six Thomas Dongan BY VIRTUE or under pretext whereof the said Citizens and Inhabitants from the date thereof hitherto have held or claimed to hold and still do hold or claim to hold and enjoy all and singular the rights priviledges ffranchises pre- heminencies Advantages Jurisdictions Courts powers profits Immunities Lands Tenements hereditaments and other the premisses therein particularly mentioned and thereby intended to be granted AND WHEREAS the Citizens and Inhabitants of the said City of New York besides the Several publick Buildings accomodations Conveniences and other things in the before recited grant or writing mentioned to have been by them erected built and appropriated have since the making thereof built and appropriated at their own proper costs and charges several publick buildings accomodations and Conveniencies for the said city that is to say the present City Hall and Gaols Rooms and places for the sitting of Courts of Justice and Chambers adjoining with the ground and appurtenances thereunto belonging ffive Market Houses the present Crane and Bridge with the Common Shore leading through the great Dock and a Magazine or powder house near the ffresh water and several other public Buildings and Conveniencies in the said City and have built the new flerry houses on the Island of Nassau [No. xvi] Grants 269 for the Reception of Travellers with a Barn Stables and penn or pound for Cattle AND WHEREAS Our late Royal predecessor Queen Anne by her Letters patent under the broad seal of the province of New York made bearing date the nineteenth day of April in the Seventh year of her Reign Did grant ratify and Confirm unto the then Mayor Aldermen and Commonalty of the City of New York and to their Successors and Assigns in these words ffollowing to Queen wit 1 ANNE by the grace of God of England Scotland f h n a n r J r ffrance and Ireland Queen Defender of the ffaith &c To all J 7°8. whom/THESE presents may in any wise Concern Sendeth [9] greeting WHEREAS the Mayor Aldermen and Common- alty of the City of New York by their petition to our right Trusty and wellbeloved Cousin Edward Viscount Cornbury our Captain General and Governour in Chief in and over our province of New York and Territories depending thereon in America and Vice Admiral of the same &c pre- ferred in Council therein Setting forth that they having a right and Interest under diverse ancient Charters and grants by diverse former Governours and Commanders in chief of our said province of New York under our Noble progenitors in a certain fferry from the said City of New York over the East River to Nassaw Island (alias Long Island) and from the said Island to the said City again and have possessed the same and received all the profits benefits and Advantages thereof for the space of ffifty Years and upwards and per- ceiveing the proffits Advantages and benefits usually issueing out of the same to diminish decrease and ffall short of what might be reasonably made of the same for the want of the bounds and Limits to be extended and Enlarged on the said Island side whereby to prevent diverse persons transporting themselves and goods to and from the said Island Nassaw (als Long Island) over the said River without coming or landing at the usual and accustom'd places where the fferry boats are usually kept and appointed to the great loss and 270 Colonial Charters [No. XVI] Grant to the Cor- poration of Brook- lyn Ferry. Damage of the said City of New York HAVE humbly pray'd our grant and Confirmation under the great Seal of our said province of New York of the said fferry called the Old fferry on both sides of the said East River for the trans- porting of passengers goods Horses and Cattle to and from the said City as the same is now held and enjoyed by the said Mayor Aldermen and Commonalty of the said City of New York or their Undertenant or Undertenants And also of all that the vacant and unappropriated Land from high water mark to low water mark on the said Nassaw Island (als Long Island) lying contiguous and fronting the said City of New York from a certain place called the Wall- about unto the red hook over against Nutten Island for the better Improvement and Accomodation of the said fferry with full power leave and Lycense to set up Establish main- tain and keep one or more fferry or fferrys for the Ease and Accomodation of all passengers and Travellers for the transportation of themselves goods Horses and Cattle over the said River within the Bounds aforesaid as they shall see meet and convenient and occasion require and to Establish Ordain and make By Laws Orders and Ordinances for the due and orderly regulation of the same the which petition we being minded to grant KNOW YE that of our Especial grace certain knowledge and meer motion we have given granted ratified and confirmed and in and by these presents for us our heirs and Successors we do give grant ratify and confirm unto the said Mayor Aldermen and Commonalty of the City of New York and to their successors and Assigns All that the said fferry called the Old fferry on both sides of the said East river for the transportation of passengers goods horses and Cattle over the said River to and from the said City and Island as the same is now used held and Enjoyed by the said Mayor Aldermen and Commonalty of the City of New York or their Under tenant or Under tenants with all and singular the usual and accustom'd fferridge ffees perquisites rents Issues profits and other [No. xvi] Grants 271 benefits and advantages whatsoever to the said Old fferry belonging or therewith used or thereout ariseing and also all that the aforesaid vacant and unappropriated ground And of lyeing and being on the said Nassaw Island (als Long fan/on*™ Island) from high water mark to low water mark aforesaid Nassau . Island contiguous and fronting the said City of New York from between the aforesaid place called the Wallabout to red Hook afore- Y lgh and r t low water said that is to say from the East side of the Wallabout mark from opposite the now Dwelling house of James Bobine to the About to west side of the red Hook comonly called the ffishing place Red Hoo! <- with all and singular the appurtenances and Hereditaments to the same or any part or parcell thereof belonging or in any wise of right appertaining together with all and singular the rents Issues profits ways waters Easements and all other benefits profits Advantages and appurtenances which here- tofore have now/ARE and which hereafter shall belong to [ IO ] the said fferry Vacant Land and premisses herein before granted and confirmed or to any or either of them in any wise appertaineing or which heretofore have been now are and which hereafter shall belong be used held received and enjoyed and all our Estate right title and Interest benefit and Advantage claim and Demand of in or to the said fferry vacant Land and premisses or any part or parcell thereof and the Reversion and Reversions remainder and remainders together with the Yearly and other Rents Revenues and profits of the premisses and of every part and parcell thereof (Except and always reserved out of this our present grant and Confirmation free liberty leave and License to and for all and every person or persons Inhabiting or having planta- tions near the said River by the water Side within the Limits and Bounds above mentioned to transport themselves goods Horses and Cattle over the said River to and from the said City of New York and Nassaw Island (als Long Island) to and from their respective Dwellings or plantations with- out any fferridge or other Account to the said fferry hereby granted and confirmed to be paid or given so always as the 272 Colonial Charters [No. xvi] said person or persons do transport themselves only and their own goods and in their own boats only and not any stranger or their goods Horses or Cattle or in any other boat TO HAVE AND TO HOLD All and singular the said fferry vacant Land and premisses herein before granted and confirmed or meant mentioned or Intended to be hereby granted and confirmed (except as is herein before excepted) and all and singular the rents Issues profits rights members and appurtenances to the same belonging or in any wise of right appertaining unto the said Mayor Aldermen and Com- monalty of the City of New York and their successsors and Assigns forever to the only proper use and behoof of the said Mayor Aldermen and Commonalty of City of New York and their successors and Assigns forever To be holden of us our Heirs and Successors in ffree and Common soccage as of our Mannor of East Greenwich in the County of Kent within our kingdom of England YIELDING render- ing and paying unto us our heirs and successors for the same yearly at our Custom house of New York to our Collector and Receiver general there for the time being at or upon the ffeast of the Nativity of S 1 John the Baptist the yearly rent or sum of ffive shillings Current money of New York Grant of AND we do further of our especial grace certain knowledge estabLh an( ^ meer motion for us our Heirs and Successors give and as many grant unto the said Mayor Aldermen and Commonalty and they shall their successors full and free leave and Lycense to sett up think fit. Establish keep and maintain one or more fferry or fferrys as they shall from time to time think fit and convenient within the Limitts and bounds aforesaid for the ease and Accomodation of transporting of passengers goods Horses and Cattle between the said City of New York and the said Island (except as is herein before excepted) under such reasonable rates and payments as have been usually paid and received for the same or which at any time hereafter shall be by them Established by and with the consent and approbation of our Governour and Council of our said [No. xvi] Grants 273 province for the time being AND we do further of our Especial grace certain knowledge and meer motion give and grant unto the said Mayor Aldermen and Commonalty of the City of New York and their successors full and absolute power and authority to make Ordain Establish Constitute and confirm all manner of By Laws Orders rules ordinances and Directions for the more orderly keeping and regularly maintaining the aforesaid fferry that now is kept or any fferry or fferrys which shall at any time or times hereafter be set up Established or kept within the bounds aforesaid by virtue hereof or of for touching or concerning the same (so always as the same be not contrary to our Laws of England and of our Province of New York) and the same at all times hereafter to put in Execution or abrogate revoke /OR change as they in their good Discretion shall think fit ["] and most convenient for the due and orderly keeping regu- lating and governing the said fferry or fferrys herein before mentioned AND LASTLY our will and pleasure is and we do hereby declare and grant that these our Letters patent or the Record thereof in the Secretarys Office of our said province of New York shall be good and effectual in the Law to all Intents and purposes whatsoever notwithstand- ing the not true and well reciteing or mentioning of the premisses or any part thereof or the Limitts and bounds thereof or of any former or other Letters patents or grants whatsoever made or granted or of any part thereof by us or any of our progenitors unto any person or persons what- soever bodies politick or Corporate or any Law or other Restraint Incertainty or Imperfection whatsoever to the contrary in any wise Notwithstanding and although express mention of the true yearly value or certainty of the premisses or of any of them or of any other gifts or grants by us or by any of our progenitors heretofore made to the said Mayor Aldermen and Commonalty of the City of New York in these presents is not made or any other matter 274 Colonial Charters [No. xvi] cause or thing whatsoever to the Contrary thereof in any wise notwithstanding IN TESTIMONY whereof we have caused these our Letters to be made patent and the seal of our said province of New York to our said Letters patent to be affixed and the same to be recorded in y e secretaries office of our said province WITNESS our right trusty and well beloved Cousin Edward Viscount Cornbury Captain General and Governour in chief in and over our province of New York aforesaid and territories thereon Depending in America and Vice Admiral of the same &c In Council at our ffort in New York the nineteenth day of April in the seventh year of our reign Annoqj Domini One thousand seven hundred and eight BY VIRTUE, or under pretext whereof the said Inhabit- ants and Citizens of the City of New York have held and Enjoyed or have claimed to hold and enjoy and still do hold or claim to hold the fferry vacant Land perquisites profits priviledges powers and other the premisses in the before recited Letters patent mentioned and intended to be thereby granted AND WHEREAS besides all the afore- said particulars in the said grant or instrument made in the aforesaid year of our Lord One thousand six hundred eighty and six and in the before recited Letters patent of Queen Anne mentioned or intended to be thereby granted the Citizens and Inhabitants of the said City of New York have anciently held or claimed to hold use and enjoy diverse and Sundry other rights priviledges ffranchises preheminencies Advantages Jurisdictions Emoluments powers profits Im- munities Lands Tenements and other Hereditaments as well by prescription as by diverse grants and Confirmations of and from diverse Governours Lievtenant Governours and Commanders in Chief of the said province, by the name of Mayor Aldermen and Commonalty of the City of New York and by diverse other names Stiles and Titles and [No. xvi] Grants 275 otherwise AND WHEREAS diverse Questions Doubts Recitals Opinions Ambiguities Controversies and Debates have present arisen and been made as well upon and concerning the valid- ^ " ter o ity and force of the said recited grant or writing dated in the year of our Lord One thousand six hundred and eighty six and the before recited Letters patent of Queen Anne as upon all and every the other grants and Confirmations of diverse Governours Lievtenant Governours and Com- manders in chief made to our City of New York as afore- said by reason of the variety of Names Stiles Titles and Incorporations aforesaid and by reason that the before recited grant or Instrument dated in the year of our Lord One thousand six hundred and eighty six and the other grants and Confirmations of diverse governours Lievtenant Governours and Commanders in chief were made in the Governours own names respectively when they should have been made in the respective names stiles and titles of fformer Kings and Queens our Royal predecessors under whom they were Governours Lievtenant Governours or Commanders in chief respectively and by reason as some suggest and say that the said City or Inhabitants or Citizens thereof never were well regularly or legally Incorporated and for want thereof none of all the said grants Confirmations Instru- ments or Letters patent herein before mentioned Could take effect or Operate and for diverse other Defects in all some or one of the aforesaid grants Confirmations and writings and also upon the validity and force of the/PRESCRIP- [12] TION aforesaid AND WHEREAS our well beloved sub- jects the Mayor Aldermen and Commonalty of our said City of New York by their humble petition presented to our Trusty and wellbeloved John Montgomerie Esq r our Cap- tain general and Governour in chief of our provinces of New York and New Jersey and Territories depending thereon in America and Vice Admirall of the same &c In Councill Reciting among other things that the City of New 276 Colonial Charters [No. xvi] York is an ancient City and the Citizens thereof have anciently held and used and still do hold and use diverse and sundry rights Libertys priviledges ^franchises ffree customs preheminencies advantages jurisdiction Emoluments Immu- nities Lands Tenements publick buildings and hereditaments as well by the name of the Mayor Aldermen and Common- alty of the City of New York as otherwise to the advance- ment of the said City in its Number of Buildings and Inhabitants whereby the said City is become a considerable seaport and exceedingly necessary and usefull to our King- dom of great Britain in supplying our governments in the west Indies with bread flowr and other provisions where- fore they pray'd among other things for our Confirmation and grant to the said City and Corporation by the name stile and title of the Mayor Aldermen and Commonalty of the City of New York of all their Lands Tenements publick buildings and hereditaments wharfs Docks Bridges Slips fferries Cranes Grants Charters rights Liberties priviledges ^franchises ffree Customs preheminencies advantages Juris- dictions Emoluments and Immunities now and heretofore by them held and enjoyed and that they might have the soil ffour hundred fifoot beyond low water marke on Hudsons River from a certain Creek or Kill called Bestavers Killitie southward to the ffort and from thence the same Number of ffeet beyond low water mark round the ffort and along the East river as ffarr as to the North side of a certain Hill called Corlaers hook and also for a grant of such other powers Liberties franchises rights ffree Customs Jurisdic- tions priviledges Immunities and things as may be needful for the good rule and government of the said City AND WEE Considering that the strength and Encrease of our good subjects in that our frontier province of New York does in a great measure depend upon the wellfare and prosperity of our said City wherein the Trade and Naviga- tion thereof are chiefly and principally carried on promoted [No. xvi] Grants 277 and Encouraged And we affecting the good and happy Estate of our said City and the steady Loyalty and Integrity of the Inhabitants and Citizens thereof are very desireous and willing to give Encouragement to the said City Inhabit- ants and Citizens and to remove utterly abolish and wholly take away all and all manner of Causes Occasions and matters whereupon such Questions Doubts Opinions i\.m- biguities Controversies or Debates as aforesaid or any other Questions or Doubts may or can arise And in Order thereto we have thought fit them the said Inhabitants and Citizens of the said City of New York (by whatsoever Name or Names they have been or were Incorporated or whether they have been or were heretofore Incorporated or not) into One body politic and Corporate by the name of the Mayor Aldermen and Commonalty of the City of New York by our Letters to make Constitute Confirm renew and of New to create AND we being also further willing and fully Intending and desireing that the said Inhabitants and Citizens of our said City by the name aforesaid should have perpetual Succession and should hold possess and enjoy all and singular the rights priviledges Liberties ffranchises preheminencies advantages Jurisdictions Courts powers Offices Authorities fferries ffees nines perquisites proffits Immunities rents possessions Lands Tenements and other hereditaments not only which in the before recited grants confirmations writings and Letters patent are mentioned or intended to be thereby granted but also which they have held or claimed to hold by prescription or otherwise with the alterations and Enlargements thereof and additions thereto in such manner and fform as herein after is men- tioned and contained notwithstanding the before mentioned or any other Questions Doubts Opinions Ambiguities Debates ffaults or Imperfections (i) /WHEREFORE KNOW YE that we of our ^ Especial grace certain knowledge and meer motion HAVE f 173" 278 Colonial Charters [No. XVI] Corpora- tion created by the name of, The Mayor, Aldermen, and Common- alty of the city of New York. willed Ordained Constituted confirmed given and granted and by these presents for us our Heirs and successors DO will Ordain Constitute Confirm give and grant that our said City of New York be and from henceforth forever here- after shall be and remaine a free City of itself AND that the Mayor Aldermen and Commonalty of the said City and their successors from henceforth and forever hereafter shall be and remain One body Corporate and politick in RE FACTO ET NOMINE by the Name of the Mayor Aldermen and Commonalty of City of New York AND them and their successors by the name of the Mayor Aldermen and Commonalty of the City of New York one body Cor- porate and politick in RE FACTO ET NOMINE really and fully WE do for us our Heirs and successors Erect make Ordain Constitute Confirm declare and create by these presents and that by that Name they shall and may have perpetual succession and also that they and their suc- cessors by the said name of the Mayor Aldermen and Com- monalty of the City of New York be and forever hereafter shall be persons able in Law and capable to sue and be sued Implead and be Impleaded answer and be answered unto De- fend and be defended in all Courts and places before us Our heirs and successors and before all and any the Judges Jus- tices Officers and Ministers of us Our Heirs and successors and elsewhere in all and all manner of Actions suits Com- plaints pleas Causes matters and Demands whatsoever and of what kind or nature soever in as full and ample manner and form as any of our other Liege subjects of our said province being parsons able and capable in Law can or may sue and be sued Implead and be Impleaded answer and be answered unto Defend and be Defended by any Lawfull ways and means whatsoever AND ALSO that they and their succes- sors by the same Name of the Mayor Aldermen and Com- monalty of the City of New York be and shall be forever hereafter persons capable and able in Law to purchase take hold receive enjoy and have any Messuages houses buildings [No. xvi] Grants 279 Lands Tenements rents possessions and other hereditaments and Real Estate within or without our said province in ffee and forever or for term of Life or Lives or years or in any other maner and also goods Chatties and all other things of what kind or quality soever AND ALSO That they and their successors by the same Name of the Mayor Aldermen and Commonalty of the City of New York shall and may give grant Demise assign and sell or otherwise dispose all or any the Messuages Houses Buildings Lands Tene- ments Rents possessions and other Hereditaments and real Estate and all their goods Chatties and other things afore- said as to them shall seem meet at their own will and pleasure AND ALSO that the said Mayor Aldermen and Commonalty of the City of New York for the time being and their successors shall any may forever hereafter have and use a Common Seal for sealing all and singular Deeds grants Conveyances Contracts Bonds articles of agreements assignments powers Authoritys and all and singular their affairs and things touching or concerning the said Corpo- ration AND by virtue of these our Letters it shall and may be lawfull to and for the said Mayor Aldermen and Comon- alty of the City of New York and their successors as they shall see cause to break change and new make the same or any other Common seal when and as often as to them it shall seem Convenient (2). AND WE do further of our Especial grace certain knowledge and meer motion for us our Heirs and successors give grant Order and appoint that the said City of New York and the Compass precincts Circuit Bounds Liberties and Jurisdictions of the same do reach extend and streatch Extent of forth and shall and may reach extend and stretch forth as well in Length as in breadth and Circuit in and through the Limitts and Boundarys ffollowing to witt TO BEGIN at the River Creek or Run of water called Spyt Den Duyvel over which Kings Bridge is built where the said River or the City. 280 Colonial Charters [No. xvi] Creek Empties it self into the North River on Westchester side thereof at Low water mark and so to run along the [i+] said River/CREEK or Run on Westchester side at low water mark unto the East River or Sound and from thence to cross over to Nassaw Island to low water mark there Includeing great Barn Island little Barn Island and Man- nings Island and from thence all along Nassaw Island shore at low water mark unto the south side of the red Hook and from thence to run a Line across the North River so as to include Nutten Island Bedlows Island Bucking Island and the Oyster Island to low water mark on the west side of the North river or so far as the Limitts of our said province extend there and so to run up along the west side of the said River at low water mark or along the Limitts of our said province untill it comes directly opposite to the first mentioned river or Creek and thence to the place where City the said Boundarys ffirst began AND ALSO that the said •^to e City within the Limits and Jurisdictions thereof as aforesaid wards. De and forever hereafter shall be and remain divided into Seven Wards to witt the West Ward the South Ward the Dock ward the East ward the North ward Montgomerie ward and the Out ward each and every of which wards shall contain and Comprehend and Reach and Extend through the several Limitts and Bounds following (to witt) The West WEST WARD to begin at the Middle of the East End of the street that goes from the parade to the North River between the Lott of ground now in ffence belonging to Charles Sleigh and the house and grounds late of Thomas Elde and from thence to run a direct Line over the Middle of the west End of Beaver street and so along the Middle of Beaver street till it comes directly opposite to the middle of the south End of New street and then to run all along the Middle of New street to the North End thereof and from thence to run to the Rear of the Dwelling house now in the possession of Domine Dubois and from thence to run Ward. [No. xvi] Grants 281 all along the rear of the Houses that front the Broadway up to the North part of the rear of Spring garden house and from thence to run up a Line as the Broadway runs to the End thereof Including the said Broad Way and John Harris his house and to Include all other Houses hereafter to be built fronting the said Broad way and from the North End of the Broadway to continue and run a Line as the said Street runs untill it Comes directly opposite to Bestavers Killitie or Rivulet and from thence to run to the said Bestavers Killitie and so to continue the said Line to ffour Hundred ffoot beyond low water mark into the North River and so down the said North River always keeping ffour hundred ffoot beyond low water mark untill it comes directly opposite to the middle of the West End of the ffirst men- tioned street and so to run to and through the middle of the said street to the place where the said west ward ffirst began The SOUTH WARD to Begin at the middle of South Wall street where the Line of the west ward runs across the same and from thence down the middle of Wall street untill it comes directly opposite to the middle of the North end of broad street and from thence down the middle of broad street to the Long bridge and from thence to the Eastward of and to include the said Long bridge and the market House at the south End of the said street and from thence to Continue and run a south East Line across the East River to low water Mark on Nassaw Island Shore and from thence to run along the said Shore at low water mark to the south side of Red Hook and from thence to run a Line across the North River so as to Include Nutten Island Bedlows Island Bucking Island and the Oyster Island to low water mark on the west side of the North River and so to run up along the west side of the said River at low water marke untill it comes directly Opposite to Bestavers Killitie or Rivulet and from thence to run to the North westerly Corner of the West ward at ffour hundred ffoot 282 Colonial Charters [No. xvi] beyond low water mark and from thence along the Bounds of the said West ward till it comes to the South westerly end thereof and from thence still along the bounds of the West ward through the street by the parade and through Beaver Street and New Street to the place where the said South- Dock ward began The DOCK WARD to begin at the middle of Wall street directly opposite to the middle of the North End of broad street and from thence down through the middle of wall street untill it comes to the middle of Smith Street thence down through the middle of Smith Street to a place called Marten Clocks Corner Including the small street between the House late of the said Marten Clock and the Slip and so to continue and run a Line as the said Small Street runs into the East River ffour hundred ffoot below low water mark thence runing westerly keeping ffour hundred ffoot below low water mark till it comes to the Bounds of the South ward and ffrom thence along the Bounds of the South ward up the middle of broad street to Ward. tfte pl ace where the said Dock ward began the EAST [15] WARD to begin at the North/EASTERLY Corner of the Dockward in the middle of Smith Street and so run from thence up through the Middle of the said street till it comes directly opposite to the middle of the North Easterly end of golden Hill street and from thence to run down through the middle of the said street to the middle of the South Easterly end thereof and from thence to run through the middle of Rodmans Slip to the East River and from thence to continue and run a Line as the said slip runs into the East River ffour hundred foot below low water mark thence runing westerly keeping ffour hundred foot below low water mark till it comes to the south Easterly end of the Dock- ward and so along the Bounds of the Dockward up through the middle of Smith Street to the place where the East North ward began The NORTH WARD to begin where the East ward begins in the middle of Smith Street and so to run from thence through the middle of the said street so far as Ward. [No. xvi] Grants 283 it runs and so to continue a line from the end of the said street as the street runs to the south side of the Creek that runs from ffresh water into the East River and from thence runing a North Course till it comes to the bounds of the West ward and from thence runing along the bounds of the said west ward towards Spring garden and all along the rear of the Houses fronting the Broadway and so still along the bounds of the said West ward to the middle of Wall street where the West ward runs across the same and from thence down the middle of Wall street along the Bounds of the South ward and the Dockward to the place where the said North Ward began Including in the same ward the powder House the City Hall and the presbyterian Meeting house MONTGOMERIE WARD to begin at the South Mont- Easterly Corner of the East ward opposite to Rodmans slip ward, four hundred foot below low water mark in the East River and from thence to run along the bounds of the East ward to and through the middle of Rodmans slip and all through the middle of golden Hill street till it meets with the Boundaries of the North ward and the middle of Smith Street and so along the Bounds of the North ward through the middle of Smith Street to the Rivulet that runs from ffresh water into the East River from thence along the said Rivulet so far as it goes till it Empties itself in the said East River and from thence to run a south East Line four hundred foot beyond low water mark into the said East River and from thence runing westerly keeping ffour hun- dred ffoot beyond low water mark to the place where the said Montgomerie ward began The OUT WARD to begin Out Ward, at the North westerly Corner of the South ward at low water mark on the west side of the North River over against Bestavers Killitie or Rivulet and from thence to run up along the west side of the said River at low water mark untill it comes directly opposite to the River Creek or run of water called Spyt den Duyvel over which Kings bridge is built and from thence to run to the said Creek or River 284 Colonial Charters [No. xvi] to the Westchester side thereof at low water mark and so to run along said River Creek or run on Westchester side at low water mark into the East River or Sound and from thence to cross over to Nassaw Island to low water mark there Includeing great Barn Island little Barn Island and Mannings Island and from thence along Nassaw Island Shore at low water mark to the bounds of the South ward and from thence along the bounds of the South ward the Dock ward the East ward and Montgomerie Ward to the place where the said Montgomerie ward and the North ward meet at the Rivulet that runs from ffresh water and so to run a North Course as the said North ward runs till it comes to the bounds of the West ward and from thence along the bounds of the west ward to the North westerly- Corner thereof at ffour hundred ffoot beyond low water mark near Bestavers Killitie or Rivulet and from thence along the bounds of the south ward to the place where the said Outward began (3). AND WE do further of our special grace certain knowledge and meer motion for us our Heirs and Successors will Ordain give and grant that there be and forever here- Corporate a ^er shall and may be One Mayor One Recorder Seven Officers. Aldermen Seven Assistants One Sherif One Coroner One Comon Clerk one Chemberlain one high Constable Sixteen Assessors Seven Collectors Sixteen Constables and One Marshall appointed Nominated Elected chosen and Sworn in and for the said City of New York and the precincts and Limits thereof out of the ffreeholders or ffreemen [16] /INHABITANTS of the said City in manner and form as herein after is particularly mentioned AND for the better Execution of our will gift and grant in this Behalf WE HAVE Assigned Named Constituted and made and by these presents ffor us our Heirs and successors DO Assign name Constitute and make our well Beloved ROBERT LURTING ESQ r to be the present Mayor of the same [No. xvi] Grants 285 City to do and Execute all things which unto the Office of Mayor of the said City Doth or May Belong or in any wise Appertain AND we do moreover for us our Heirs and Successors give grant Ratify and confirm unto the said Mayor of our said City of New York and to his successors and to the Mayor of the said City for the time being and to each of them forever full power and Authority to depute and appoint one of the Aldermen of the said City for the time being to be approved of by the Governour or Com- mander in Chief of the said province for the time being in the place of the Mayor of the said City for the time being and as his Deputy in all matters and respects to act and do all things which to the Office of the Mayor of the said City within the Limitts Libertys and precincts thereof do or ought to belong during the sickness or in the absence of the said Mayor for the time being (4). AND we do hereby will and grant that every such Deputy Deputy or person so to be appointed and approved of after Ma y° r - having taken such Oath as herein after is directed for every such Deputy to take shall have as full power and authority to act and do in the sickness or absence of the Mayor of the said City for the time being all and singular those things which to the Office of Mayor of the said City belongs or shall belong or appertaine to all Intents and purposes as the Mayor of the said City for the time being by virtue of these presents or otherwise hath shall or ought to have AND we do farther for us our Heirs and successors will Ordain and grant that in case it should happen that the present Mayor of the said City or any of his successors or any of the Mayors of the said City for the time being should happen to dye before any other fit person shall be appointed and sworn Mayor of the said City in their respective Rooms and places then and in every such case upon the Death of such Mayor such Alderman for the time being (who shall have been so appointed and approved of as aforesaid to 286 Colonial Charters [No. XVI] act in the place of or as Deputy to Such Mayor) shall be and he is hereby appointed and Declared Mayor of the said City and to continue and be continued in and to Execute the same Office of Mayor of the said City from the death of such Mayor so dyeing untill another fit person shall be appointed and sworn Mayor of the said City in such manner as in and by these presents is hereafter directed for the respective Mayors of the said City to be appointed and sworn and so as often as such case shall happen Recorder. (5). AND ffurther we have Assigned Ordained named and constituted and by these presents Do for us our heirs and successors Assign ordain name and constitute our Trusty and well beloved Francis Harison Esq r (One of our Councill of our said province of New York) to be the present Recorder of our said City to do and Execute all things which unto the Office of Recorder of the said City doth or may belong or in any manner appertain and to con- tinue and be continued in and to Execute the said Office untill another fit person shall be appointed and sworn in the said Office AND WEE do hereby appoint that the Governour or Commander in chief for the said province for the time being at any time or times when and as often as they or each of them think fit may displace and remove the present Recorder or any other Recorder hereafter to be appointed Aldermen. (6). AND We do for us our Heirs and Successors Assign name Constitute and appoint John Cruger Har- manns Vangelder ffredrick Philipse Gerardus Stuyvesant Anthony Rutgers John Roosevelt and Johannes Harden- broeck Esq rs Citizens and Inhabitants of the said City of New York to be the present Aldermen of the said City and Assistants. Egbert Van Borssom Samuel Kip John Chambers John Moore Isaac Depeyster Petrus Rutgers and Gerardus Beekman gent to be the present Assistants of the said City to witt the said John Cruger to be Alderman and John [No. xvi] Grants 287 Moore to be Assistant for the Dockward of the said city Harmanus Vangelder to be Alderman and John Chambers to be Assistant ffor the west ward of the said City Coll ffredrick Philipse/TO be Alderman and Isaac Depeyster to [17] be Assistant for the South ward of the said City Gerardus Stuyvesant to be Alderman and Samuel Kip to be Assistant for the Out ward of the said City Anthony Rutgers Esq r to be Alderman and Egbert van Borssom to be Assistant for the North ward of the said City John Roosevelt to be Alderman and Petrus Rutgers to be Assistant for the East ward of the said City Johannes Hardenbroeck to be Alder- man and Gerardus Beekman to be Assistant for Mont- gomery ward of the said City (7). AND we do also hereby nominate and appoint Chamber- Cornelius Depeyster to be the present Chamberlain and sheriff, Treasurer of the City aforesaid Coll Henry Beekman to coroner, high con- be the present Sherif of the said City Richard Nicholls gent stable and to be present Coroner of the said City Edmund Peers to be mars a * present High Constable and Robert Crannell to be present Marshall of the said City (8). AND ALSO we do hereby Nominate and appoint Assessors, John Lemontes David Abeel Assessors Nicholas van and'^on- 8 ' Taerling Collector and John Scott Constable for the South stables. Ward of the said City John Thurman and John Bogaert Assessors and John Pearce Collector for the west ward of the said City Gerardus Duyckinck and Simeon Soumaine Assessors George Brinkerhoof Collector and Christopher Nichollson Constable of the Dock ward of the said City John Brown and Nathaniel Marston Assessors Peter Noxon Collector and Timothy Bontecou Constable of the North ward of the said City John Pintard and Peter Van Dyck Assessors Ebenezer Grant Collector and John Abrahamsen Constable of the East ward of the said City Jacobus Kip Assessor and Cornelius Cosine Collector for the Bowry Division of the Outward and Barent Waldron Assessor 288 Colonial Charters [No. XVI] Collectors, assessors, and con- stables, to be chcsen. Derick Bensing Collector and Arent Bussing Constable for the Haerlem Division of the said Outward (9). AND we do hereby appoint order and direct that within fforty Days after the date hereof the fifreemen of the said City being Inhabitants in and the {freeholders of each respective Ward in the said City may and Shall assemble themselves and meet together at such time and place in each of the said wards as each respective Alderman for each respective ward shall appoint and then and there by plurality of their voices or votes to Elect and choose out of the Inhabitants of each respective ward being freeholders there or ffreemen of the said City the several Officers ffollowing to witt One other Constable for the southward one other Constable for the West ward one other Constable for the Dockward one other Constable for the Eastward two Asses- sors one Collector and two Constables for Montgomerie ward and two other Assessors and three other Constables for the Outward to witt One other Assessor and two Constables for the Bowry Division and one other Assessor and one other Constable for the Haerlem Division of the said Out ward AND WEE Doe hereby will and Ordain that each and every of the before named Mayor Aldermen Assistants Chamberlain Coroner high Constable and Mar- shall and all and every the before named Assessors Con- stables and every other Assessor and Constable hereafter to be chosen for any ward or Division of a Ward in the said City before next Michaelmas day on their being respectively sworn into their respective Offices as hereafter is directed shall continue in their said respective Offices untill the fourteenth day of October next Ensuing the date hereof and from thence untill other fit persons be respec- tively chosen and sworn in their respective rooms and places in manner and form as is herein after directed AND We do also further Ordain order and Declare for us our heirs and successors that as well the before named Sherif as every [No. xvi] Grants 289 other person and persons hereafter to be appointed for or Sheriff to the Office of Sherif of the said City before he or they into bond be permitted to exercise the said Office shall each of them d ° u r e the give and Enter into bond to us our Heirs and successors execution • i n rr • • 1 . of his with two or more Sufficient sureties in a penalty not less office, than One thousand pounds Conditioned for the faithfull and due Execution of his said Office in such manner as the Governour or Commander in Chief of the said province of New York for the time being shall think fit and appoint and the before named Sherif on his giving such security and having taken such an Oath as hereafter is directed shall Continue in his said Office untill the fourteenth day of October next ensuing and from thence untill another fit person is appointed and/SWORN into the said Office and [18] has given Such Security as aforesaid (10). AND WEE do hereby further for us our heirs Mayor, and successors appoint and Ordaine that the Governour or a nd Commander in Chief of the said province of New York for coron . er , . appointed the time being by and with the Advice of the Councill of us yearly. our Heirs and Successors for the said province for the time being from time to time shall have full power and Authority on the ffeast day of Saint Michael the Arch Angell in every Year forever hereafter to name and appoint and can shall and may name and appoint a discreet and fit person of the ffreeholders ffreemen or Inhabitants of the said City to be Mayor of the said City and one other fit and able person One of the ffreeholders or ffreemen being an Inhabitant of the sa'd City to be Sherif of the said city and one other such person to be Coroner of the said City all for the Ensu- ing year AND ALSO that on the said ffeast day of Saint Michael the Arch Angell in every year forever hereafter Aldermen the ffreemen of the said City being Inhabitants and the ffree- assessors,' holders of each respective ward in the said Citv shall and co, ! ectors > 1 J and con- may Assemble themselves and meet together at such time of stables the day and such publick place in each of the said wards as yearly. 290 Colonial Charters [No. XVI] Chamber- lain appointed yearly. When to be sworn. each respective Alderman for each respective ward for the time being shall appoint and then and there by plurality of their Voices or Votes to elect and chuse out of the Inhabit- ants of each respective ward being ^Freeholders there or ffreemen of the said City (except the Out Ward) for the Ensuing Year One Alderman and One Assistant two Asses- sors One Collector and Two Constables and for the said Out ward four Assessors two Collectors and four Constables to witt two Assessors One Collector and two Constables for each Division of the said ward AND ALSO that the Mayor of the said City for the time being and four or more Alder- men and for or more of the Assistants of the said City for the time being on the ffeast day of Saint Michael the Arch Angell in every Year forever hereafter shall and may in Common Councill Name and appoint One fit person being a ffreeholder or ffreeman and an Inhabitant of the said City to be Treasurer or Chamberlain of the said City for the year ensuing and also that on the same day in every Year forever hereafter the Mayor of the said City for the time being shall Name and appoint one other of the said Inhabit- ants being a ffreeholder or ffreeman of the said city to be high Constable of the said City for the Year Ensuing every of which persons so to be named for Mayor Coroner High Constable or Chamberlain or so to be Elected for Alder- man Assistant Assessor or Constable on the ffeast day of Saint Michael shall on the fourteenth day of October then next ensuing their Nomination or Election respectively take the respective Oaths herein after appointed for them respectively to take in such manner and form as hereinafter is directed and shall continue in their said respective Offices from their being so respectively sworn untill other fit per- sons be respectively named or Elected and sworn in their respective rooms and places AND ALSO that every person so to be named for Sherif on the said feast day of Saint Michael shall on the fourteenth day of October then next [No. xvi] Grants 291 ensuing his Nomination take such Oath as is hereafter appointed for each Sherif to take and shall give such security as is herein before appointed for each Sherif to give and shall remain in the said Office from the time of his being so sworn and giving such security untill another fit person shall be appointed and sworn into the said Office and shall have given such security as aforesaid AND we do further for us our Heirs and successors appoint and Ordain that if it should happen that either the Mayor Sherif or Coroner of the said City for the time being at any time (before other fit persons be so as aforesaid respec- tively named and sworn in their respective Rooms) should happen to dye then and so often as it shall so happen it shall and may be lawfull for the Governour and Comander in Chief of the said province for the time being by and with Vacancies the advice of the said Councill for the said province for the sheriff^' time being in some convenient time thereafter to name and !L nd it i • Tii- Coroner appoint some fit and discreet person being an Inhabitant supplied. {freeholder or ffreeman of the said City to be Mayor of the said City in the Room of such Mayor so dyeing and one other fit and able person/AS aforesaid to be Sherif of the [19] said City in the room of such Sherif so dying and one other fit person as aforesaid to be Coroner of the said City in the room of such Coroner so Dying and that every such person so to be named Mayor after having taken such oath as is hereby appointed for each Mayor to take shall remain in and Execute the said Office of Mayor of the said City untill the fourteenth day of October then next Ensuing and untill another fit person be named and sworn into the said Office of Mayor of the said City and every such person so to be named Sherif after having sworn and given such security as is hereby appointed for each Sherif to do shall have Exercise and remain in the said Office of Sherif of the said City untill the fourteenth day of October then next and untill another fit person be named and sworn in the said 292 Colonial Charters [No. XVI] Vacancies, of Alder- men, Assistants, or other inferior Offices supplied. Office of Sherif and shall have given such security as herein before is appointed for each Sherif to give and every per- son so to be named Coroner after having taken such Oath as appointed hereby for each Coroner to take shall Exercise and remain in the said Office of Coroner of the said City untill the fourteenth day of October then next and untill another fit person be named and sworn into the Office of Coroner of the said City (n). AND we do moreover for us our Heirs and suc- cessors will and by these presents grant to the said Mayor Aldermen and Commonalty of the City of New York and to their successors forever that if it should happen any of the present named Aldermen or Assistants Assessors Col- lectors or Constables or any one of the Aldermen Assistants Assessors Collectors or Constables hereafter to be elected and sworn or to be sworn in their respective Offices as afore- said shall happen to dye or remove out of the said City within the time they are or shall be respectively named or elected for or before other fit persons be respectively named or elected and sworn in their respective rooms It shall and may be lawfull for the ffreemen being inhabitants in and the ffreeholders of each respective ward for which such Alderman Assistant Assessor Collector or Constable so dying or removing had been named or chosen for to Assemble and meet together at such time and place in the said respective ward as shall be appointed by the Mayor of the said City for the time being or his Deputy and then and there by plurality of voices or votes of the ffreemen being Inhabitants in and the ffreeholders of such ward to elect one of the Inhabitants of and being a ffreeholder in such ward or ffreeman of the said City to serve as Alderman Assistant Assessor Collector or Constable for the said ward in the room of such Alderman Assistant Assessor Collector or Constable so dying or removing and so as often as such cases shall happen and in case the present named or any [No. xvi] Grants 293 future Chamberlain or any High Constable of the said City hereafter to be appointed so sworn or to be sworn in their respective Offices aforesaid should happen to dye or remove out of the said City within the time they were or shall be respectively appointed for It shall be lawfull for the Mayor of the said City for the time being or his Deputy and four or more Aldermen and four or more Assistants for the said City for the time being in Common Councill to appoint another fit person to be Chamberlain in the room of such Chamberlain so dying or removing and for the Mayor of the said City for the time being to appoint another fit per- son to be high Constable in the room of such high Constable so dying or removing and so as often as such cases shall happen and all and every such person and persons so to be newly chosen or appointed Alderman Assistant Assessor Collector Constable Chamberlain or high Constable shall serve in their respective Offices untill other fit persons be respectively chosen or appointed and sworn in their respec- tive rooms each of them (except the Collector) first taking such Oaths as hereafter is appointed for each of them respectively to take (12). AND we do further for us our heirs and succes- sors Ordain grant and confirm unto the said Mayor Alder- men and Commonalty of the City of New York and their successors forever that if any One of the Inhabitants of the said City of New York being a ffreeholder or ffreeman as aforesaid shall hereafter be Elected or chosen to the Office of/ ALDERMAN Assistant Assessor Collector or Con- [20] stable for any ward in the said City or shall be appointed Fine on to be high Constable of the said City and have notice of his officers 3 * Election shall refuse denie delay or neglect to take upon him chose P and . refusing or them to Execute such Office to which he or they shall be to serve. so chosen or elected for that then and so often as it shall happen It shall and may be lawfull for the Mayor or his Deputy or Recorder and any four or more of the Aldermen 294 Colonial Charters [No. xvi] and any four or more of the Assistants of the said city for the time being in Common Councill to tax Assess and Impose upon every such person or persons (so refuseing denying delaying or neglecting) such reasonable and moderate ffine and ffines sum and sums of money as they the said Mayor or his Deputy or Recorder and any four or more Aldermen and any four or more Assistants in Common Councill shall think ffit so as such ffine for each Refusal Denial delay or Neglect shall not exceed the sum of ffifteen pounds currant money of New York all which said ffines shall and may be levied by distress and sale of the goods and Chatties of such Delinquent and Delinquents by Warrant under the seal of the said City signed by the Mayor thereof for the time being rendring the surplusage to the Owner or Owners thereof if any be the necessary charges of making and sell- ing such Distress being first deducted or by action of Debt in any Court of Record to be prosecuted or any other law- full method to be obtained and shall be recovered and received by and to the use of the said Mayor Aldermen and Commonalty of the City of New York and their Successors forever without any Account thereof to be given to us our Heirs or successors or to any of the Officers or ministers of us our Heirs or successors and upon every such Refusall or neglect other fit persons to be Elected and chosen in the room and rooms of such person so neglecting or refusing in such manner as is before directed or appointed for Elect- ing and chusing of Aldermen Assistants Assessors Collectors and Constables and for appointing a high Constable upon the death or Removal of any of them respectively and so as often as such cases shall happen AND WEE do hereby for us our heirs and successors grant appoint and ordaine that if it shall happen that the day or days appointed for the naming appointing Electing or chusing or for Administring any Oath or Oaths to any of the Officers or Ministers of the said Corporation shall [No. xvi] Grants 295 happen to fall on a Sunday then and in such case such nam- ing appointing Electing or chusing so to be made shall be made and such Oath or Oaths so to be Administred shall be administred on the next day and so as often as such case shall happen ( 14) . AND ffurther we do of our Especial grace certain knowledge and meer motion for us our Heirs and successors give grant ratify and confirm unto the said Mayor Alder- men and Commonalty of the City of New York and their successors fforever that the Mayor or Recorder with four Common or more Aldermen and four or more Assistants of the said City for the time being be and shall be forever hereafter called the Common Councill of the City of New York and that the said Common Councill of the said City for the time being or the major part of them have and may and shall have full power Authority and License to frame Constitute Ordain make and Establish from time to time all such Laws Power to Statutes rights Ordinances and Constitutions which to them bye-laws. or the greater part of them shall seem to be good usefull or necessary for the good rule and government of the body Corporate aforesaid and of all Officers Ministers Artificers Citizens Inhabitants and Residents of the said City within the Limitts thereof and for declaring how and after what Manner and order the Mayor Recorder Aldermen and Assistants of the said City for the time being and all and every of their Officers and Ministers and all Artificers Inhabitants and Residents of the same City and their ffactors servants and Apprentices in their offices ffunctions and business within the said City and the Liberties thereof for the time being and from time to time shall use carry and behave themselves and for the farther public good common profit trade and better government and rule of the said City and for the better preserving governing disposing letting and setting of the Lands Tenements possessions and hereditaments goods and Chatties to the aforesaid Mayor 296 Colonial Charters [No. xvi] Aldermen and Commonalty of the said City of New York belonging or to them and their Successors hereafter to belong and all other things and causes whatsoever touching or concerning the said City or the state right and Interest of the same provided that such Laws be not contradictory or repugnant to the Laws or Statutes of that part of our [21] Kingdom of great Britain called/ENGLAND or of our said province which Laws statutes Ordinances and Constitu- tions so to be made as aforesaid may be and remain in force for twelve Months from the day of the date thereof and no longer unless they shall be allowed of and confirmed by the Governour and Councill of the said province for the time being AND that the said Common Councill of the said City for the time being or the greater part of them as often as they shall make Ordain and Establish such Laws Statutes rights Orders and Constitutions in form aforesaid may make Ordain Limitt and provide such and the like pains punish- And to ments penaltys either by ffines and amerciaments or by dis- ievy franchising and amoving from the Libertys priviledges penalties. Imunities and freedom of the said City or by either of them towards and against all and every person that shall Offend against such Laws statutes rights Orders and Constitutions or any or either of them as by the said Common Councill or the major part of them shall be thought necessary and requisite to make ordain Limitt and provide for the Observation and preservation of the same Laws rights statutes Ordinances and Constitutions and the same ffines and Amerciaments shall and may from time to time Levy receive have and recover either by distress and sale of the goods and Chatties of such Delinquent and Delinquents by warrant under the hand and seal of the Mayor or Recorder or any one of the Aldermen for the time being rendring the surplusage to the Owner or Owners thereof if any be the necessary charges of making and selling such Distress being first deducted or by action of Debt in any Court of Record to be prosecuted or in any other lawfull method to be [No. xvi] Grants 297 obtained and to the use of the said Mayor Aldermen and Commonalty of the City of New York and their Successors forever without any account thereof to be given to us our Heirs and Successors or to any of the Officers or Ministers of us or our heirs or successors all and singular which Laws Statutes rights Ordinances and Constitutions so as aforesaid to be made we do for us our Heirs and successors will to be Observed under the pains penaltys and forfeitures in the same contained AND we do further of our especial grace certain knowledge and meer motion for us our Heirs and successors give grant ratify and confirm unto the said Mayor Aldermen and Commonalty of the City of New York and their Successors forever that the Common Councill of the said City for the time being or the major part of them shall have the sole power of Determining and Deciding all Elec- tions of all and every their Officers and Ministers hereafter to be chosen and elected in or for the said Corporation or any part thereof (15). AND WEE do hereby for us our Heirs and Suc- cessors Ordain declare give and grant unto the said Mayor Common Aldermen and Commonalty and their successors that the ^"h" 01 ' Common Councill of the said City shall be summoned called called and held from time to time so often and at such times and Mayor, or places as the Mayor or in case of his sickness or absence ! n c * s ? of .... . his sick- the Recorder of the said city for the time being shall think ness or fit to appoint or direct and that it shall and may be lawfull by^h"' to and for the said Common Councill of the said City or Recorder, the major part of them to assess and lay such reasonable ffines and Amerciaments in and upon every Officer and Common Member of the body Corporate aforesaid for the time being ^fine who after having had due notice or being duely summoned ,nembers 1 s~, ~, . wn o shall to appear or attend at any such Common Councill to be not attend. held for the said City shall neglect so to do or make default therein or shall not appear or attend according to such notice or summons in that behalf or shew a reasonable Cause by 298 Colonial Charters [No. xvi] the said Common Councill or the major part of them at their Discretion to be allowed and so as often as such Case shall happen so that no such ffine or Amerciament for any one Default of appearance or Attendance of any such Officer or Member of the body Corporate aforesaid shall exceed the sum of twenty shillings in the manner and form afore- said to be Levied and by to and for the use of the Mayor Aldermen and Commonalty of the said City and their suc- cessors to be recovered and received without any account thereof to be given to us our Heirs or successors or any of our or their Officers or Ministers AND we do further for us our Heirs and successors give grant and confirm unto the Mayor Aldermen and Commonalty of the said City of New York and their successors forever that the Common Councill of the said City for the time being or the Major part of them (but no other person or persons whomsoever without the Consent grant or Lycense of the said Common Councill of the said City for the time being or the major part of them) from time to time and at all times hereafter shall and may have the sole full and whole power and authority of setling appointing Establishing Ordering and directing and Power to shall and may settle appoint Establish Order and direct establish ^^ anc j so manv fferrys round Manhattans Island alias ferries. * J New York Island for the carrying and transporting people [22] Horses Cattle goods and/CHATTELLS from the said Island of Manhattan to Nassau Island and from thence back to Manhattans and also from the said Island Man- hattans to any of the opposite shores all round the same Island in such and so many places as the said Common Councill or the major part of them shall think ffit who have hereby likewise full power to Lett sett or otherwise dispose of all or any of such fferrys to any person or persons whom- soever and the rents Issues profits fferriages ffees and other advantages arising and accrewing from all and every such fferries we do hereby ffully and ffreely for us our Heirs and [No. xvi] Grants 299 successors give and grant unto the Mayor Aldermen and Commonalty of the City of New York aforesaid and to their Successors fforever to have take hold and enjoy the same to their own use without being accountable to us our heirs or successors for the same or any part thereof. (16). AND we do ffurther for us our Heirs and succes- sors give grant ratify and Confirm unto the said Mayor Aldermen and Commonalty of the City of New York and their Successors forever that the Common Councill of the said City for the time being or the major part of them have Power to and from time to time and at all times hereafter forever ,"_;'_ shall have full power Lycense and Authority not only to and la .y Establish appoint Order and direct the making and laying lanes, out of all other streets Lanes alleys high ways watercourses ^reets 3 ^' and bridges not already made or laid out but also the alter- alleys. ing amending and repairing all such streets Lanes Alleys high ways watercourses and bridges heretofore made or laid out or hereafter to be made or laid out in and throughout the said City of New York and the Island of Manhattans in such manner as the said Common Councill for the time being or the major part of them shall think or Judge to be necessary and convenient for all Inhabitants and Travellers there (17). AND ffurther we do hereby of our especial grace certain knowledge and meer motion for us our Heirs and successors give grant ratify and confirm unto the said Mayor Aldermen and Commonalty of the City of New York and their successors that they and their successors shall and may have hold and keep Markets at ffive several places (in the Power to said City of New York on every day in the week throughout marke'ts. the year except Sunday) as ffollow to witt One market at Coenties Dock one other market at the Old Slip at Burgers path One other Market at Countesses Slip One other Market at the lower end of Wall Street and one other market by the Long Bridge AND ALSO we do for us our 300 Colonial Charters [No. XVI] Heirs and successors grant unto the said Mayor Aldermen and Commonalty of the City of New York and their Succes- sors fforever that they and their successors shall and may have hold and keep such and so many other Markets at such and so many other times and places in the said City of New York as shall from time to time be Ordered Estab- lished Erected and appointed by the Common Councill of the City aforesaid for the time being or the greater Number of them ( 1 8 ) . AND We do ffurther for us our Heirs and succes- sors give and grant unto the said Mayor Aldermen and Commonalty of the City of New York and their successors The assize that they and their successors may and shall have the Assize win e r , e &c. an d Essay of bread Wine Beer Ale and all other Victuals and things whatsoever sett to sale in the said City and the Liberties and Limits thereof and the Amending and Cor- recting of the same assize and all Amerciaments nines and fforfeitures to be Laid and {forfeited concerning the same or any part thereof without any account thereof to be given . to us our Heirs or successors and to perform do and Act by themselves or their Deputys all and every thing needfull or necessary in about or concerning the same (19). AND we do hereby farther for us our Heirs and successors grant and give unto the said Mayor Aldermen and Commonalty of the City of New York and their Succes- sors forever the Office of Gauger of and in the said City to gauge all and singular the wine Rum brandy Molasses beer Ale syder and other Merchandizes and Vessels gauge- able or to be gauged within the said City (except such Liquors as are to pay duty by vitrue of any act of Assembly untill after they have been gauged by the publick Officer appointed for that purpose) and the Office of measurer of and in the said City to Measure Salt Wheat Oats and other grain and all other Merchandizes measurable or to be measured in the said City and also the Offices of surveyor Office of Gauger. Of measurer. [No. xvi] Grants 301 and packer of bread fflour Beef pork and other provisions and all other Merchandizes and Commodities to be surveyed or packed in the said City and also the Office of Cartage Surveyor carriage and portage of all goods wares Merchandizes and an pa< other things to be carted or carryed in or through the said Cartage, City or any part thereof and also the Office of garbling of portage - all manner of spices and other Merchandizes and things to Garbling, be garbled in the City aforesaid To have and to hold the several Offices aforesaid and every of them and the Dis- position Ordinances and Corrections of the same and to Exercise the same by themselves/OR their Deputys and [23] to take and receive to themselves all ffees profits and per- quisites to the said Offices and every of them due or to be due and all the ffines Amerciaments and forfeitures to be laid and forfeited concerning the same or any part thereof to them the said Mayor Aldermen and Commonalty and their successors to their own proper use forever without any Account or any other thing to us or our Heirs or successors to be given or made (20). AND FFURTHER that the Mayor of the said City for the time being or his Deputy for the time being and any four or more of the Aldermen for the time being shall from time to time and at all times forever hereafter have full power and Authority under the Common Seal of Power to the said City to make free Citizens of the said Citv and "? ake free _ . . ' citizens. Liberties thereof and that every person so to be made a ffree Citizen shall pay on his being made free for the use of the said Mayor Aldermen and Commonalty of the City aforesaid and their successors forever a sum not Exceeding five pounds New York money and we do for us our Heirs and successors give and grant unto the said Mayor Alder- men and Commonalty and their successors forever full power to ask take Demand and receive the same to their own use and behoof without any Account thereof to be given of free citizens 302 Colonial Charters [No. xvi] to us our Heirs or successors or any other person or persons whatsoever (21). AND we do hereby for us our Heirs or successors Constitute appoint and Ordaine that no person whatsoever not being a ffree Citizen of the said City as aforesaid shall at any time hereafter use any Art trade Mystery or Occupa- tion within the said City Liberties and precincts thereof or shall by himself themselves or others sell or expose to sale any manner of goods Wares Merchandizes or Commodities by retaile in any house shop place or standing within the said City or the Liberties or precincts thereof save in the times of publick ffairs and that every such person so using any Art trade Mystery Occupation or so retailing contrary to the Intent and meaning of these our present Letters and Privileges shall persist therein (after warning to him or them thereof given or Left by the appointment of the Mayor of the said City for the time being or his Deputy at the place or places where such person or persons shall so use any Art Mystery or Occupation or expose to sale by Retaile as aforesaid any goods wares Merchandizes or Commodities as aforesaid shall forfeit the sum of ffive pounds New York money to and for the use of the said Mayor Aldermen and Comonalty of the City of New York and their Successors for every time that he or she shall so use any trade Mystery or Occupation or expose to sale by retaile as aforesaid any goods wares Merchandizes or Commodities after such warning given or left as aforesaid All and every of which same fforfeitures shall and may be Levied by Distress and sale of the goods and Chattels of such Delinquent and Delinquents by War- rant under the seal of the said City signed by the Mayor thereof for the time being or his Deputy rendring the sur- plusage to the Owner or Owners thereof if any be (the necessary charges of making and selling such Distress being first deducted) or by any other lawfull method to be obtained and shall be recovered and received by and to the [No. xvi] Grants 303 only use of the Mayor Aldermen and Commonalty of the City of New York and their Successors for ever without any Account thereof to be given to us our Heirs or succes- sors or to any of the Officers or Ministers of us our Heirs or successors PROVIDED always and we do hereby for us our Heirs and successors direct appoint and order that no person or persons shall be made free as aforesaid but such as are or shall be natural born subjects of us our Heirs or successors or shall be Naturalized or made denizens AND we do further for us our Heirs and successors ordain and appoint direct will and grant that all and every person and persons now living who at any time heretofore have been Admitted ffree citizens or into the ffreedom of the said City of New York shall be and remain ffree thereof and free Citizens and have and enjoy the said ffreedom and all the rights and priviledges of ffreemen and free Citizens of the said City of New York to all Intents and purposes whatsoever (22). AND for the better preservation of good rule and Order in the said City we do for us our Heirs and successors will Ordain grant unto the Mayor Aldermen and Common- alty of the said City and their successors that the Common common Councill of the said City for the time being or the major Council J D J to appoint part of them shall have full power and Authority to Lycense surveyors, or appoint by warrant under the Common seal of the said gangers,"' City or otherwise one or more surveyors of fflower bread P r j! ers ' beer pork and other provisions Measurers of grain salt and &c. all other Commodities Gaugers of/WINE beer Ale syder [24] Rum Brandy and all other saleable or exciseable Liquors Garblers Beadles Bellmen Watchmen Bridewell keepers or keepers of a house or houses of Correction and of Alms houses Cryers and Bellringers and to displace all or any of them and put others in their room and to add or Diminish the Number of them or any of them as often as the said 304 Colonial Charters [No. XVI] To erect Bridewell or work- houses. Mayor Recorder and Aldermen, or any of them, to commit vagabonds. Corpora- tion to erect an almshouse. To have one or more gaols to erect. Common Councill of the said City or the major part of them shall think fit (23). AND ffurther we do for us our Heirs and succes- sors grant unto the said Mayor Aldermen and Commonalty and their successors forever full power and Authority to erect and build or appropriate any of their buildings already built for one or more Bridewell or Bridewells house or houses of Correction and work house or workhouses together with full power and authority to the said Mayor Recorder and Aldermen or any one of them to take up and Arrest or order to be taken up and Arrested all and any Rogues Vagabonds straglers and idle and suspicious persons and as they the said Mayor Recorder or Aldermen or any one of them shall see cause to Order all or any such Rogues Vagabonds straglers and idle and suspicious persons either to the said Workhouse there to remain and work such work and so long not exceeding ffourty Days or else to Bridewell or the house of Correction there to receive such punishment not extending to the Loss of Life or Limb as the said Mayor Recorder and Aldermen or any one of them shall think fit AND ALSO that they the said Mayor Aldermen and Com- monalty and their successors forever may and shall have power to build Erect or appropriate any of their buildings already built for an Alms house for Relief of the poor together also with as full and ample power to them and their successors to Order direct and Act in and about the said houses of Correction Work houses and Alms houses and the persons to be put in and Ordered there as to any City or Corporation in any place of that part of our Realm of great Britain called England and the Officers or Ministers thereof doth or may belong AND also that they the said Mayor Aldermen and Commonalty and their Successors fforever hereafter may have One or more Goal or Gaols in such fit place or places within the said City and Limitts and jurisdiction thereof as by the Common Councill of the said [No. xvi] Grants 305 City for the time being or the major part of them shall be appointed to Imprison and safe keep all and every person and persons for any Treasons Murders ffelonys Trespasses Evil Doings and all other matters and Causes whatsoever to be arrested or attached or to be Committed to the Goal or Goals aforesaid in safe custody there to remain untill they be Delivered by due Course of Law AND that the Common Councill of the City aforesaid for the time being or the major part of them shall and may have power from time to time to chuse Constitute and place one or more fit person or persons in the Office or Offices of Keeper or Keepers of the Goal or goals aforesaid to hold the same during the good pleasure of the Common Councill of the said City for the time being or the major part of them as aforesaid requiring and hereby for us our heirs and succes- sors Impowering and comanding the Keeper and Keepers of the goal or goals aforesaid for the time being that all and singular Traitors Murderers ffelons Malefactors Disturbers of the peace and other Delinquents and all others for any Crime or Offence or other reasonable cause or matters to the goal or goals aforesaid Ordered or Committed or to be committed or Ordered from time to time shall receive take keep and cause to be kept in the same Goal or Goals untill they shall be thence Delivered by due Course of Law (24). AND we do further for us our Heirs and succes- sors will ordain and grant that the Mayor of the said City for the time being shall fforever hereafter be Clerk of the Mayor Market of us our Heirs and successors within the City afore- ckT^ said and the Limitts Libertys and precincts thereof And that the the Mayor of the said City for the time being by himself or his Deputy may and shall have power and authority to do and execute and shall and may do and execute fforever within the Limitts Libertys and precincts of the said City all and whatsoever to the Office of Clerk of the Market there doth shall or may belong without any hindrance or Impediment of us our/HEIRS or successors or any the Officers of us [25] 306 Colonial Charters [No. XVI] And water bailiff. Mayor to license marshals, porters, carriers, cartmen, carmen, packers, cullers, cryers, and scav- engers. And grant licenses to keep tavern. our Heirs or successors and that no other Clerk of the Market shall intermeddle there AND ALSO that the Mayor of the said City for the time being and his successors during the time of his and their Mayoraltys and no other be and shall be the Bailif and Conservator of the water of the North and East Rivers and shall and may do Exercise and Execute the said Office of Bailiff and Conservator of the water of the North and East Rivers or water bailiff by him or themselves or by his or their sufficient Deputy or Deputys in upon or about the same water of the North and East River (that is to say) in and through all the Limitts bounds and Jurisdiction of the said City of New York upon all and every the Banks Shores and Wharfs of the same water of the North and East Rivers within the Limits and Bounds aforesaid and to have receive collect and Enjoy all and singular wages Rewards ffees and proffits to the same Offices of Clerk of the Market and water bailiff or any of them due or to be due or belonging to his or their own use without any account thereof to us our Heirs or successors to be made AND also that the Mayor of the said City for the time being shall have full power and Authority to Lycense or appoint by Warrant under his Hand and seal or otherwise One or more Marshall or marshalls of the said City porters Carryers Cartmen Carrmen packers Cullers common Cryers scavingers and to Displace all or any of them and to put others in their rooms and to add to or Diminish the Number of them or any of them when and as often as the Mayor of the said City for the time being shall think flit (25). AND we do further ffor us our Heirs and succes- sors grant ratify and Confirm unto the said Mayor Alder- men and Commonalty of the City of New York and their successors forever that the Mayor of the said City for the time being and no other whatsoever shall have power to give and grant Lycenses Annually under the publick seal of the said City to all such persons as he shall think ffit to [No. xvi] Grants 307 lycense them and every of them to keep a Tavern Inn Ordinary or Victualling house and to sell wine Brandy Rum strong waters syder Beer Ale or any other sort of Exciseable or strong Liquors within the City of New York or the Liberties and precincts thereof by Retaile or the small Measure and that it shall be lawfull to and for the said Mayor of the said City for the time being to ask Demand receive for every such Lycense by him to be given and granted as aforesaid such sum or sums of money as he and the person to whom such lycense shall be given and granted shall agree for not exceeding the sum of thirty shillings for each Lycense all which moneys as by the said Mayor shall be so received shall be used and applyed to the publick use of the said Mayor Aldermen and Commonalty of the said City of New York and their successors forever without any Account thereof to be rendred made or done to us our Heirs or successors or any other person whatsoever Every and each of which Lycenses shall continue and be in fforce for any time not Exceeding One Year from the granting thereof but no longer AND we do hereby for us our Heirs and successors Constitute Direct Order and appoint that no person or persons whatsoever without such License being in force shall at any time hereafter keep any Tavern Inn publick Ordinarys or Victualling House or sell Wine Brandy Rum strong waters syder beer Ale or any other sorts of Exciseable or Strong Liquors within the City of New York or the Libertys or precincts thereof by retaile or small measure under the penalty of ffive pounds current money of New York for every time that any person shall act con- trary hereto in any respect to be fforfeited and paid by every person for every time he or she shall Offend or act contrary hereto in any respect to and for the use of the said Mayor Aldermen and Commonalty of the City of New York for the time being all and every of which penaltys shall and may be Levied by Distress and sale of the goods and chatties of such Delinquent and Delinquents by Warrant under the seal 308 Colonial Charters [No. XVI] Mayor, Recorder, and Aldermen, justices of the peace. [26] May hold courts of sessions quarter yearly. of the said City signed by the Mayor thereof for the time being or his Deputy rendring the Surplusage to the owner or owners thereof if any be (the necessary Charges of making and selling such distress being first Deducted) or by any other lawfull method to be obtained and shall be recovered and received by and to the only use of the Mayor Aldermen and Commonalty of the City of New York and their successors forever without any Account thereof to be given to us our Heirs or successors or to any of the Min- isters or Officers of us our Heirs or successors (26). AND ffurther we of our Especial grace certain knowledge and meer motion have given granted ratifyd and confirmed and by these presents Do for us our Heirs and successors give grant ratify and confirm unto the said Mayor Aldermen and Commonalty of the City of New York and to their successors fforever that the Mayor Deputy Mayor Recorder and Aldermen/OF the said City for the time being be and shall be at all times fforever hereafter and hereby are assigned to be Justices and each of them a Justice of us our Heirs and successors the peace of us our heirs and successors within the city aforesaid and the limitts Jurisdiction and Extent thereof and within the County of New York to keep and that they the said Mayor Deputy Mayor Recorder and Aldermen of the City for the time being or any four or more of them (whereof we will the Mayor or Deputy Mayor or Recorder of the said City for the time being to be one) shall and may forever here- after hold and keep four Courts of general sessions of the peace in and for the said City and County of New York to begin at certain times in the year to witt One of them to begin on the ffirst Tuesday in November another on the ffirst Tuesday in ffebruary another on the ffirst Tuesday in May and the other on the ffirst tuesday in August in every Year each of which sessions of the peace shall and may last Continue and be held any time not Exceeding flour Days AND also that they the said Mayor Deputy Mayor [No. xvi] Grants 309 Recorder and Aldermen of the said City for the time being or any four or more of them (whereof we will the Mayor or Deputy Mayor or Recorder of the said City for the time being to be one) shall and may forever hereafter have full power and authority to enquire of and hear and Deter- mine within the City and County aforesaid all and all man- ner of ffelonies Imprisonments Riots Routs Oppressions Extortions fforestallings Regratings trespasses Offences and all and singular other Evil Deeds and Offences whatsoever within the City and County aforesaid from time to time perpetrated done arising or happening which to the Office of Justices of the peace are Incumbent or do in any manner belong or which thereafter shall happen to belong or be Incumbent on them or which in any manner before Justices of the peace ought or may be Inquired into heard and Deter- mined together with the Correction and punishment thereof and to do and Execute all other things within the City and County aforesaid and the Liberties and precincts thereof as fully ffreely and intirely and in as ample manner and form as Justices of the peace of us our Heirs and successors any where within that part of our Kingdom of Great Britain called England by the Laws statutes or Customs of England or by any other Legall method whatsoever heretofore had or Exercised or hereafter to be had or Exercised could might or can do and in as ample manner and form as if the same had been in these our Letters particularly and by To have special words Expressed contained and mentioned And that tiorTirT the said Justices of the peace of us our Heirs and successors all causes, i /-• i /- <• -i i it-.. which to in the Lity and County aforesaid may have and Exercise the office of Jurisdiction in all causes matters and things whatsoever j"^^* which to Justices of the peace of our said City and County ma y in any manner do or ought to belong AND ffurther that the Mayo?', Mayor Recorder and Aldermen of the said City for the re c° rder time being and every of them from time to time and at all Aldermen times forever hereafter shall be Justices assigned of Oyer ^oylTln°d and Terminer and of the Goal Delivery of all and Every Terminer. 310 Colonial Charters [No. xvi] the Goals now being and hereafter to be in the said City and County and either of them and shall be named in every Commission thereof to be made AND we Do hereby for us our Heirs and successors grant order and appoint that the Sherif and other Ministers and Officers of the said City for the time being shall and may and they are and each of them is hereby Commanded Authorised and fully Em- powered to Execute and return all and every the precepts and Commands of the Mayor Recorder and Aldermen of the said City for the time being and either or any of them from time to time at all times as fully and effectually as any Sheriff Minister or Officer of any County or City any where in that part of our Kingdom of great Britain called England the Mandates or Commands of any Justice of the peace Justice of Oyer and Terminer of Goal Delivery of or in any County there hath used to make return or Execute in any manner whatsoever (27). AND we do further of our Especial grace certain knowledge and meer motion will and by these presents for us our Heirs and successors give grant ratify and confirm unto the said Mayor Aldermen and Commonalty of the City of New York and their Successors forever that they and their Successors forever hereafter shall can and may have and hold in the Name of us our Heirs and successors One Court of Record within the City of New York and the Liberties and precincts thereof upon every Tuesday in every year before the Mayor of the said city for the time being Mayor's or his Deputy or the Recorder of the said City for the time Court. being and any three or more of the Aldermen for the time being or any four or more of them (whereof we will the Mayor of the said City for the time being or his deputy or the Recorder of the said City for the time being to be one) AND that the Mayor of the said City for the time being or his Deputy or the Recorder of the said City for the time being and three or more of the Aldermen and any four or more of them (whereof we will the said Mayor or his [No. xvi] Grants 311 deputy or the Recorder to be one) shall and may hold plea and have Cognizance of all and all manner of plaints Actions and pleas of any Lands and tenements within the /SAID City of New York and the Limitts and precincts [ 27 ] thereof and also of all actions of trespass with fforce and arms and without Replevin Ejectment Trover and Conver- sion Trespass upon the Case Debt Detinue Covenant Deceits Contracts Contempts penalties ^forfeitures and all other Actions and pleas as well real as personal and mixt arising and accruing within the said City and Limitts thereof together with full power and Authority to hear and Deter- mine all and every the same and such Actions and pleas aforesaid and Judgments thereon to render and Executions thereof to award and make and to Act and do every thing therein in such manner and form and by such and the like Methods process and proceedings as fully and amply as in our other Courts of Record in such or the like cases is used or can or may be acted and Done according to the Laws of that part of our Kingdom of great Britain called England and of our said province of New York (28). AND we do hereby for us our Heirs and succes- sors grant Order and appoint that the Sherif and the Coroner and other Ministers and Officers of the said City for the time being shall and may and they are and each of them is hereby Commanded Authorised and fully Impowered to Execute and return all and every the precepts and processes of the said Court to them respectively directed or to be directed from time to time and at all times as fully and Effectually as any Sherif Coroner Minister or Officer of or in any City or Place within that part of our Kingdom of great Britain called England the precepts and processes of any Court of Record there hath used or can or may Execute and return in any manner howsoever PROVIDED Always that the Mayor of the said City for the time being or his Deputy or the Recorder of the said City for the time being 312 Colonial Charters [No. xvi] and any three or more of the aldermen of the said City or any four or more of them (whereof the Mayor or his Deputy or the Recorder we will to be one) may and by these presents have and shall have full power to Adjourn the said Court for anytime not exceeding twenty eight days Corpora- (29). AND we do further will and by these presents f or have*?! us our Heirs an d successors give grant ratify and Confirm common U nto the said Mayor Aldermen and Commonalty of the City of New York and their successors that they and their succes- sors from henceforth forever hereafter shall and may have within the City aforesaid a fitt and Discreet Man to be and who shall be and be called the Common Clerk of the City aforesaid to act and do all those things within the City aforesaid and the Limitts and Jurisdiction thereof which to any Common Clerk of or in any City Burrough or Town Incorporated any where in that part of our Kingdom of great Britain called England by virtue of his Office can or ought to do AND also that forever hereafter the Common Clerk of the City aforesaid for the time being shall also be Clerk of the Court of Record to be held before the Mayor or his Deputy or the Recorder or any three or more of the Aldermen of the said City as aforesaid AND also Clerk of our peace and of the peace of our Heirs and successors and of the sessions of the peace for and in the City and County of New York from time to time to be held and all and singular those things which to the Office and Offices of such Clerk of the peace and of the sessions of the peace do and shall appertain to do act and Execute and also shall and may require Demand take accept hold keep and Enjoy all ffees perquisites and proffits which to any such Common Clerk Clerk of the peace and of the sessions of the peace do or ought to belong AND we hereby give grant ratify and Confirm ffor us our Heirs and successors unto our Beloved William Sharpas gen (one of the Inhabitants of the City aforesaid) to be the present Common Clerk of the City of New York aforesaid and also Clerk of the peace and of the [No. xvi] Grants 313 sessions of the peace for and in the City and County of New York to continue in the Offices aforesaid During his Life and to act and execute the same Offices and places by him- self or his Deputy AND we do further for us our Heirs and successors appoint will and direct that the Governour or Commander in Chief of the said province of New York for the time being from time to time and at all times after Vacancy of clerk the death of the said William Sharpas when and so often supplied. as the Office and place of Common Clerk of the said City shall happen to be vacant shall and may appoint an honest and Discreet Man being one of the Inhabitants and a ffree- man or ffreeholder of the said City to be Common Clerk of the said City during his good Behaviour and so as often as such case shall happen AND we do ffurther for us our Heirs and successors will and grant that so often as the said Office shall be vacant the Common Councill of the said City for the time being shall and may appoint one other honest and Discreet Citizen being an Inhabitant and ffreeman or ffreeholder of the said City to be Common Clerk of the said City and Clerk of the said Court of Record in and for the said City and Clerk of the peace and/OF the Sessions of [28] the peace in and for the said City and County of New York to act and Execute the said Offices and who shall and may Execute do and receive all and whatsoever to the said Offices and every of them belongs or shall belong or appertain till vacancy of in his room another honest and discreet person being an c,erk . . supplied. Inhabitant and ffreeman or ffreeholder of the said City shall be appointed into or for the said Offices by the Governour or Commander in Chief of the said province for the time being and shall have taken such an Oath as is hereby directed for every such person so to be appointed to give and take and so from time to time and so often as the case may or shall so happen (30). AND ffurther we do hereby Constitute Name and appoint James Alexander Joseph Murray John Chambers William Smith George Lurting William Jamison Richard 314 Colonial Charters [No. XVI] Attornies for the Mayor's Court. Nicholls and Abraham Lodge gentlemen to be the present Attornies and each of them to be an Attorney of and in the said Court of Record for and during the good behaviour of each of them respectively And we do hereby for us our Heirs and successors grant and Ordain that no other Attorney or Attornies person or persons whomsoever (besides the aforenamed Attornies during the time that they shall all remain Attornies of the said Court) shall be permitted or suffered to practice as an Attorney of or in the said Court but all and every other Attorney and Attornies person and persons (besides the before named Attornies during the time aforesaid) from being an Attorney or Attornies of or in the said Court and from all practice as such shall be and are and each of them is Excluded and Debarred AND we do hereby for us our Heirs and succes- sors give and grant unto the said Mayor Aldermen and Commonalty of the City of New York and their successors for ever that the Mayor of the said City for the time being or his Deputy or the Recorder and any three or more of the Aldermen of the said City for the time being or any four or more of them (whereof we will the Mayor or his Deputy or the Recorder of the said City for the time being to be one) shall and may (by and with the consent and approbation of our Governour and Commander in Chief for the time being) have full power and Authority all or any of the before named Attornies of the said Court and all or any other of the persons hereafter to be appointed or admitted Attornies of or in the said Court for their or his evil behaviour in their or his said Duty or Office of Attornies or an Attorney of or in the same or his or their being thereof Legally Convicted from being Attornies or an Attorney of or in the said Court to amove displace and forever exclude and after the Amoval or death of any two or more of the before named Attornies upon the Amoval or death of any other of the Attornies before named or hereafter to be admitted to recorhend one other person to the Governour [No. xvi] Grants 315 or Commander in Chief of the said province of New York for the time being for his approbation in the room of such Attorney so dying or being removed each of which persons so to be recomended and approved of as aforesaid shall and may be admitted and sworn an Attorney of and in the said Court and so often as the case shall happen AND we do ffurther for us our Heirs and successors grant and appoint that no other Attorney or person whatsoever shall after the Death or Amoval of any of the before named Attornies be admitted or suffered to practise as an Attorney of or in the said Court but what shall be Recomended and approved of as aforesaid AND further we do for us our Heirs and successors grant will and Ordaine that the Number of Attornies of the said Court shall not at any one time after the death or Removal of any two or more of the before named Attorneys forever hereafter exceed the number of six PROVIDED that nothing herein shall be construed to extend to hinder us our Heirs or successors from prosecuting or Defending all or any suits Causes Actions or prosecutions in the said Mayors Court by our Attorney or Sollicitor General for our said province or the Attorney or Sollicitor General of us our Heirs or successors for the said province for the time being nor to hinder the Attorney or Sollicitor General of us our Heirs or successors for the said province for the time being to practice in the said Court as Council in any Civil Cause (31). AND we do farther of our especial grace certain Mayor, knowledge and meer motion for us our Heirs and successors and' grant appoint and direct that the Mayor Recorder and A, • DRAUGHT OF THE BOUNDS CLAIMED BY THE TOWN OF WESTCHESTER RELATIVE TO PELL'S PURCHASE AND O'NEALL'S PATENT (Westchester County). Original size 9 x "', [No. xxii] Grants 381 aforesaid lands as many families as may offer in the same manner: Constituting over the said Throckmorten and his Company in our Stead in the real and actual possession of the aforesaid piece of land lying on the East River aforesaid giving them by these Presents the full and irrevocable might authority authority and special permission the aforesaid parcel of land to enter cultivate inhabit and occupy in like manner as he may lawfully do with other his patrimonial lands and effects. Without our the Grantors in quality aforesaid thereunto any longer having reserving or saving any part action or controul whatever: but to the behoof as aforesaid. From all desisting from this time forth and for ever, Promising moreover this Transport firmly inviolably and irrevocably to maintain fulfil and execute and to do all that in equity we are bound to do. Done at Fort Amsterdam in New Netherland this 6th day of July 1643 was signed William Kieft General lower down By order of the Noble Lords the Directors General and Council of New Netherlands Cornelis Van Tienhoven Secy. B. Grove Farm Patent. 2 Recorded for Thomas Hunt Senior of the County of Westchester THOMAS DONGAN Cap 1 Gen" Governour in Cheife & vice Admirall in and over the Province of New Yorke and 2 This patent has been carefully compared with the original engrossed copy which is recorded in Books of Patents, VI 1123, at present on deposit in the Manuscript Division of the New York State Library at Albany, and, as far as typography will allow, is a verbatim et literatim et punctuatim copy. 382 Colonial Charters [No. xxii] territoryes Depending thereon in America under his Ma tie James the second by the Grace of God of England Scottland ffrance & Ireland King Defender of the faith &c. TO all to whom these presents shall come SENDETH GREET- ING WHEREAS Thomas Hunt of the Westchester of the county of Westchester stands seized of an Estate in fee simple or one messuage or tennem* & a certaine tract or parcell of land & meadow ground lyeing scituate & being within the Limitts & bounds of the towne of Westchester aforesaid on two certaine necks of land called by the name & names of Spicers neck & Brochetts neck which said Mes- suage or tennem' & parcell of land & premissess is now Called & Distinguished & knowne by name of the Grove Farme of Westchester being bounded on the East by a certaine cove or bay which runs up to the north parte of Spicers neck on the south by the sound on the west by the harbour & River that runs up to the s d towne of Westchester & on the north by A swamp & a certaine creeke which Runs into the said River & Divides the Land Called Throckmortons Neck from spicers neck Aforesaid KNOW YEE that by virtue of the Commission & Authority from his most sacred Majesty & power in me being & resideing in Consideracon of the Quitt Rent herein after reserved & other good & Lawfull Consideracons me thereunto moveing I HAVE Given Granted Ratified & Confirmed & by these p r sents Doe give Grant Ratifie & Confirme unto the said Thomas Hunt his heires and Assigns for ever ALL the before Recited Messuages or tennem ts or tract or parcell of land & premissess with their & every of their Appurtennces together with all & singuler houses out houses barns Stables orchards Gardens Yards Lands Meadow Meadow ground Marshes pastures feilds woods wood land under woods waters lakes Creeks Coves hunting hawking fishing & fowleing & all Other proffitts Commodityes Easements emolu ts hereditam* 3 & appurtences to the Above Granted Messuages Lands & Premissess belonging or in any wise Appurtaineing as Also [No. xxii] Grants 383 Liberty & freedom of Comonage for all sorts of Cattle Cutting of timber & firewood in the comons & Comon wood lands of Westchester abovesaid as other the Inhabitants of the said towne of Westchester doe or may Injoy, TO HAVE & TO HOLD the said Messuage or Tennem 1 Tract or parcell of Land & Premissess with all & singuler the hereditam ts & appurtences thereunto belonging or apper- taining & herein before Granted & Confirmed unto the said Thomas Hunt his heires & assignes for ever unto the sole & only proper use benefitt & behoofe of him the said Thomas Hunt his heires & Assignes for Ever AND I the said Thomas Dongan doe further will Declare & Grant to the said Hunt his heires and Assignes that the messuages Lands and tennements herein above Granted & Confirmed Shall & may att all time & times here after for ever hold use Retaine & keep the name of the Grove Farme of Westchester & that by name & stile to be knowne Called & Distingueshed in all bargains Sales escripts deeds Records & writeings the said Messuage tenements Lands & premissess to BEE HOLDEN of his most Sacred Majesty his heires & Succes- sors in free & Comon soccage According to the tenure of East Grenwich in the county of Kent in his Ma tis Kingdome of England YEILDING Rendring & paying therefore Yearly & Every yeare unto his most Sacred Ma tIe his heires & Successors or to such officer or officers as from time to time shall be Empowred to receive the same one bushell of good winter wheate as A quitt Rent on or before the five & twentyth Day of March att the Citty of New Yorke in liew & stead of all Services dutyes & Demands Whatsoever IN TESTIMONY of the premissess I have Caused these presents to be Recorded in the secretaryes office & the seale of the Province to be hereunto Affixed the 12 th day of January In the second Yeare of his Ma tis Reigne And in the yeare of our Lord 1686 THO: DONGAN By Comand of his Excelly Jsswinton 384 Colonial Charters [No. xxii] May it please your Excelly the Attorney Generall hath perused this pattent & finds nothing therein Contained Prejudiciall to his Maj tis Intrest Ja. Graham Exam 23 Decemb r 1686 Att a Councill held att ffortt James in New Yorke the 12 th January 1686 PRESENT his Excellency Major Anthony Brockholls Major ffred: Phillips Major Steph V. Courtlandt M r John Spragge Major Gervis Baxter, This Pattent was Approved off Jsswinton Ct Council C. Grond Brief for Cornell's Neck. 3 We Willem Kieft Director General and the Council in the behalf of the High and Mighty Lords the States General of the United Netherlands (the Prince) of orange and the Noble Lords the Managers of the Incorporated West India Company in New Netherland residing by these presents do publish and declare, that We on this day the date underwritten, have given and granted unto Tomas Coornel a certain piece of land lying on the East River beginning from the Kil of Bronck land, East South East along the river extending about a half Dutch Mile from the river till to a little Creek over the Valey (Marsh) which runs back around this land; with the express condition and terms that the said Tomas Coornel or they who to his action hereafter may succeed; the Noble Lords the Managers aforesaid shall acknowledge as their Lords and patroons, 3 This copy has been carefully compared with the recorded translation of the original Dutch deed, in the office of the Secretary of State, Albany, Patents, Book GG:35i. [No. xxii] Grants 385 under the Sovereignty of the High and and Mighty Lords the States General, and unto their director and Council here Shall in all things be Conformed as all good Citizens are in duty bound, Provided also that he Shall be furthermore subject to all such burdens and imposts as by their Noble Lords already have been enacted, or such as hereafter may yet be enacted, Constituting over the Same the aforesaid Tomas Cornel in our stead in the real and actual possession of the aforesaid piece of land giving him by these presents the full might, authority and special license the aforesaid piece to enter, cultivate, inhabit, and occupy in like manner as he may lawfully do with other his patrimonial lands and effects without our the Grantors in the quality as aforesaid thereunto any longer having reserving or saving any part action or control whatever, But to the behoof as aforesaid from all vesting from this time and for ever more promising furthermore this their Transport, firmly inviolably and irrevocably to maintain fulfil and execute, and furthermore to do all that in equity we are bound to do, Without fraud or deceit these presents are by us undersigned and confirmed with our seal of red wax here underneath suspend, Done in the Fort Amsterdam in New Netherland this 26 th July A.D. 1646 was undersigned Willem Kieft lower down stood By order of the noble Lords the Director General and the Council of New Netherland Cornelius Van Tienhoven., Secy r 386 Colonial Charters [No. xxii] D. Nicolls Patent for Cornells Neck 4 A Confirmacon graunted to Wittm Willett for a tract of Land called Cornells neck. East River RICHARD NICOLLS ESQ R &c WHEREAS there was W m Willet a p a ttent or ground breife heretofore graunted by y e Dutch Governo r Wittm Kieft unto Thomas Cornell for a certaine tract or parcell of land since comonly called Cornells neck scituate lying & being on y e Maine towards y e East Ryver, or y e Sound, begining from y e Creeke or Kill of Broncks land, upon an East South East lyne, so stretching along the Ryver, about halfe a dutch myle. It conteins in breadth from the said River to y e small Creek or Kill, w ch is beyond y* meadow ground or valley that goes about y e said tract or parcell of land, the said Patent or Ground breif bearing date y e 26 th day of June 1646 And whereas y e said Thomas Cornhill was at considerable expense charge as well in build- ing upon as in manuring some part of/land & susteyned great Losse in being forcibly driven of y e same by the Indians, & y e Right, title & interest in y e p r misses being since devolved upon Sarah Bridges one of the daughters of the said Thomas Corhill deceased who having made proof of her title at Law hath by deed of guift made over y e same w th all her interest therein unto William Willett her oldest sonne, ffor a confirmacon therefore unto him the said William Willett in his possession & enjoym* of y e p r misses KNOW yea that by vertue of y e Comission & authority unto me given by his Royall Highnes I have given Ratified & confirmed & graunted & by theise p r sents doe give Ratify 4 This patent has been carefully compared with the original engrossed copy which is recorded in Books of Patents, 11:47, at present on deposit in the Manuscript Division of the New York State Library at Albany, and, as far as typography will allow, is a verbatim et literatim et punctuatim copy. Bolton says in his Hist. West. Co., (i88r Ed.), IL273, that the original document is in the possession of Robert Ludlow, Esq. [No. xxii] Grants 387 confirme & graunt unto the said William Willett his heires & assignes all y e foremenconed Tract & neck or necks or parcell of land bounded as aforesaid Togeth r w th all soyles woodlands, marshes, meadow ground, or valley pastures, waters, lakes, Creeks, or Kills, Rivoletts, fishing hawking hunting; & fowling & all oth r profitts, corhodityes, & emolum ts to y* said tract parcell or necks of land belonging or in any wise apperteyning, with their & every of their appurtenances & of every parte & parcell thereof To have & to hould &c The Patent is dated y e 15 th day of Aprili 1667/ E. Nicolls Patent for Westchester 5 A Pattent Graunted to John Quimbe & oth rs for a certaine Tract of Land w th in y e bounds of Westchest r . RICHARD NICOLLS ESQ R &c 6 WHEREAS There is a certaine Towne w th in this Governm' Scituate lying & being upon y e Maine to y e East of Harlem Ryver Comonly called & knowne by y e name of Westchester, w ch said Towne belon'gs to y e north Ryding of Yorkshire upon Long Island & is now in y e Tenure or Occupation of severall Freeholders 5 This patent has been carefully compared with the original engrossed copy which is recorded in Books of Patents, IV 14.8, at present on deposit in the Manuscript Division of the New York State Library at Albany, and, as far as typography will allow, is a verbatim et literatim et punctuatim copy. There is an original draft of this charter in N. Y. Col. MSS. Land Papers, II:2o6, in New York State Library. A copy of the charter is printed in Bolton, Hist. West. Co., (1881 Ed.). 6 In the copy printed in Bolton, Hist. West. Co., the following words appear at this point: "Governor General under his Royal Highness James, Duke of York and Albany, &c, of all his territories in America, to all to whom these presents shall come, sendeth greeting:" Apparently the copy in Bolton was reproduced from the original, or a copy of the original, although there is no indication as to its whereabouts. A search for it has been unavailing. It is not unusual for the record copies in Albany to omit such words as quoted above. 388 Colonial Charters [No. xxii] & Inhabitants who haveing heretofore beene seated there by Authority, have beene at considerable charge in manur- ing & planting part of y e Lands belonging thereunto & have likewise setled a competent number of Familyes thereupon for a Towneship; Now for a Confirmation unto y e said Freehold" & Inhabitants in their possession & Enjoym* of y e p r misses, as also for an Encouragem 1 to them in their further Improvem 4 of their lands & p r misses KNOW YEE That by vertue of y e Comission & Authority unto me given by his Royall Highness I have given Ratifyed confirmed & graunted & by theise p r sents doe give Ratifye confirme & graunt unto John Quinbe John Terris Nicholas Bayly William Betts & Edward Waters as Patentees for & on y e behalfe of themselves & their Associates y e ffreehold rs & Inhabitants of y e said Towne their heires successo rs & Assignes, All That Tract of Land togeth r w th y e severall parcells not otherwise by Pattent disposed of w ch already have or hereaff shall be purchased or procured for & on y e behalfe of y e said Towne wheth r from y e native Indian Proprieto" or others, w th in y e bounds & lymitts hereaft 1 " sett forth & Exprest (vizt) That is to say y e westerne bounds of y e Lands lyeing w th in y e lymitts of y e said Towne to begin at y e west parte of y e Land corhonly called Bronckx Land neare or adjoyning unto Harlem Ryver from whence they extend Eastward to y e west parte of a certaine Neck of Land corhonly called Anne Hooks neck or M r Pells pur- chase Southward they are bounded by y e Sound or East Ryver & so runne upon a paralell lyne from y e East & west lymitts, North into y e woods w th out lymitation for Range of Cattle or other Improvem* Togeth r w th all y e Lands soyles Necks of Lands, Ryvers Creeks Harbours Quarryes woods meadowes pastures marshes waters lakes fishing Hawking Hunting & fowling, & all oth r profitts Comodityes Emolum ts & hereditam ts to y e said Land & p r misses w th in y e said bounds & lymitts described & sett forth belonging or in any wise apperteyning TO HAVE & TO HOLD all and [No. xxii] Grants 389 singular y e said Tract & parcells of Land hereditam 18 & p r misses w th their & every of their appurtenances & of every parte & parcell thereof to y e said Pattentees & their Asso- ciates their heires successo rs & assignes, to y e proper use & behoofe of y e said Pattentees & their Associates their heires successo" & Assignes for ever, MOREOVER I doe hereby give ratifye Confirme & graunt unto y e said Pattentees & their Associates their heires successo rs & Assignes All y e Rights & priviledges belonging to a Towne w th in this Governm*, And That y e place of their p r sent habitation shall continue & retaine y e name of Westchesf by w ch name & stile it shall be distinguish't & knowne in all bargaines & sales Deeds wrytings & Records, they y e said Patentees & their Associates their heires successors & Assignes Rendring & Paying &c The Patent beares date y e Fifteenth day of February in y e 19 th yeare of his Ma ties Raigne Annoq3 Domini 1667/ F. Dongan Patent for Westchester 7 Recorded for the Inhabitants of the County of Westchester. THOMAS DONGAN Cap* Generall Governo r in Cheife & vice Admirall in & over the province of New Yorke & territoryes Depending thereon in America under his Ma tie JAMES the second by the Grace of God King Engl d Scott- land France & Ireland Defendor of the faith &c. TO all to whom these presents shall come SENDETH GREET- ING WHEREAS Richard Nicolls esq r Governour Gen" under his then Roy 11 High ss James Duke of Yorke & Albany &c now his present Majesty of all his territoryes in america 7 This patent has been carefully compared with the original engrossed copy which is recorded in Books of Patents, VI 1107, at present on deposit in the Manuscript Division of the New York State Library at Albany, and, as far as typography will allow, this is a verbatim et literatim et punctuatim copy. A copy is printed in Bolton, Hist. West. Co., 11:289. 390 Colonial Charters [No. xxii] did by a certaine Writeing or Pattent under his hand & Seale beareing Date the fivetenth Day of ffebruary in the nine- teenth yeare of the Reigne of our late soverigne Lord King Charles the second of Blessed Memory & in the yeare of our Lord God one thousand Six hundred sixty Seven by virtue of the power & Authority unto him given by his then said Roy 11 High ss now his present Majesty as Aforesaid Give Rattifie Confirme & Grant unto John Quimby John ffossis Nicholas Baly William Betts & Edward Waters as pattentess for & on the behalfe of themselves & their Associates the freeholders & Inhabitants of the towne of Westchester within this Governm* Scituate lyeing & being upon the Maine to the east of harlem River which s d towne belongs to the north rideing of Yorkshire upon Long Island then in the tenure & Occupacon of severall ffreeholders & Inhabit- ants who had theretofore been seated there by Authority & at Considerable Charge in manuring & planting part of the lands belonging thereunto and likewise had setled A competent number of ffamjlyes thereupon for a township ALL that tract of land together with the Severall parcells not otherwise by pattent Disposed of which Already had or thereafter should be purchased or procured for & on the behalfe of the said towne whether from the native Indians proprietors or others Within the boundes And limitts there- after sett forth & exprest (viz*) the westerne bounds of the lands lyeing within the limitts of the said towne begining att the west parte of the land Comonly called broncks land neare or adjoyneing unto Harlem River from whence they extend Eastward to the west parte of A certaine neck of Land Comonly called Ann hooks neck or M r Pells purchase Southward they are bounded by the sound or east River & so run upon a parallell line from the east & west limitts north into the woods without limitacon for Range of Cattle or other Improvements together with all the Lands sojles necks of Land Rivers Creeks harbors Quarries woods meadows pastures marshes waters lakes, ffishing hawking [No. xxii] Grants 391 hunting & fowleing & all other proffitts Commodityes Emoluments & hereditaments to the said Land & premissess within the said bounds & Limitts described & sett forth belonging or in any wise Appurteineing TO HAVE & TO HOLD All & singuler the said tract & Parcells of Land hereditam ts & premissess with their & every of their Appurtennces And of every parte & parcell thereof to the said pattentes & their Associates their heires Successors & Assignes forever, MOREOVER the said Richard Nicolls Esq r Governo r Gen 11 as Aforesaid Did thereby ratifie con- firme & grant unto the said pattentees & their Associates their heires Successors & Assignes all the Rights & Privi- lidges belonging to a towne within this Governm* & that the place of their present habitacon Should Continue & retaine the name of Westchester by which name & stile it shall be Distingusht & knowne in all bargaines Sales Deeds writeings & records they the said pattentees & their Associates their heires Successors & Assignes rendring AND Paying such Dutyes & Acknowledgm ts as then were or thereafter should be constituted & established by the Laws of this Governm* under the obedience of his then Roy 11 High ss now his present Majesty his heires & Successors as by the said Writeing or pattent Recorded in the Secretaryes Office for this Province Relacon being thereunto had may more fully & att Large Appeare AND whereas W m Richardson John Tuder & W ra Barnes some of the freeholders of the said Towne of West- chester at the request of the rest of the Freeholders of said towne have made Applycacon unto me that I would Confirme the premissess by pattent under the Seale of the Province NOW KNOW YEE that I the said Thomas Dongan by virtue of the power & Authority to me derived from his most sacred Ma tie Aforesaid & in pursuance of the same for & in Consideracon of the Quitt Rent herein After reserved & other good & Lawfull Consideracons me there- unto moveing have Given Granted Rattified Released & Confirmed & by these Presents Doe Give Grant Ratifie 392 Colonial Charters [No. xxii] Release & Confirme unto William Richardson John Hunt Edward Waters Robert Hustis Richard ponten W m Barnes John Bugbie John Bayly John Tuder John fferris Joseph Palmer & Thomas Baxter ffree holders & inhabitants of Westchester herein After Erected & made one body Corpo- rate & politique & willed And Determined to be Called by the name of the trustees of the freeholders & Commonalty of the towne of Westchester & their Successors all the afore- recited tracts within the limitts & bounds aforesaid together with all & Singuler the houses messuages tennements build- ings milnes milne Dams fencis Inclosures Gardens orchards feilds pastures woods underwoods trees timber ffeedings Comon of pasture meadows marshes Swamps Plaines Rivers Rivoletts waters lakes ponds Brooks Streames beaches Quarryes Mines Mineralls (Silver & gold mines Excepted) Creeks harbors high wayes & Easements ffishing hawking hunting & fowling & all other ffranchises proffitts Com- modityes & hereditaments whatsoever to the said tracts of Land & premissess belonging or in any wise Appurtaine- ing or therewith all used Accepted reputed or taken to belong or in any wise To Appertaine to all intents purposes & construccons whatsoever as also all & singuler the rents Arrearages of rents issues & profitts of the said tract of land & premissess with their & every of their Appurtennces unto the said W m Richardson John Hunt Edward Waters Robert Hustis Richard ponton W m Barnes John Bugbie John Bayly John Tuder John fferris Joseph Palmer & Thomas Baxter trustees of the ffreeholders & Comonalty of the towne of Westchester & their Successors for ever to & for the severall & respective uses following & to no other uses intents & purposes whatsoever that is to say as for & concerning all & singuler the severall & Respective parcells of land & meadow parte of the Granted premissess in any wayes taken up & Appropriated either by pattent under the hand of any of his Ma ties Governours in this Province & Sealed with the Seale thereof or by perticuler Divisions [No. xxii] Grants 393 Settlem' 3 Alottments & grants by towne orders Either for the planting of land or erecting of Saw Mills with all & every the Privilidges of cutting of timber & pasture for Cattle before the day of the Date hereof unto the Severall & respective present {freeholders or Inhabitants Respectively of the towne of Westchester by virtue of the before recited Deed or pattent to the use benefitt & behoofe of the said freeholders or Inhabitants Respectively & their severall & Respective heires and Assignes forever AND as for & Con- cerning all & every such parcell & parcells tract or tracts of land Remainder of the Granted Premissess not taken up or Appropriated to any perticuler Person or persons by virtue of the before Recited Deed or pattent to the use & behoofe of the present freeholders & Inhabitants their heires Suc- cessors & Assignes for ever in proporcon to their Severall & respective settlem ts Divisions & Allottm 13 as tenants in comon without any lett hindrance or molestacon to be had or reserved upon pretence of joynt tenancy or Survivorship Any thing herein contained to the contrary in any wise Not- withstanding, ALWAYES saveing to his most sacred Ma tie Aforesaid his heires & Successors the severall rents & Quitt rents reserved due & payable from Severall persons Inhabit- ing within the limitts & bounds Aforesaid by virtue of former Grants to them made & Given ALWAYES PRO- VIDED that all & every Such person & persons That hold any Land within the Limitts & bounds aforesaid by virtue of perticuler Grants & pattents whatsoever to be Excluded from haveing any Right of Comonage or perticuler division of the Lands within the limitt & bound afores d that remaines unpropropriated (sic) anything Contained herein to the Contrary in any wayes notwithstanding TO BEE HOLDEN of his said Majesty his heires & successers in free & Comon soccage According to the manner of East Grenwich in the County of Kent in his Majestyes realme of England YEILDING Rendring & Paying therefore Yearly & every Yeare from henceforth forever to our soverigne 394 Colonial Charters [No. xxii] Lord the King his heires & successors or to such officer or officers as shall be Appointed to receive the Same the Sume of one Lamb or two shillings Curr" mony of this province upon the five & twentyth day of March att New Yorke in full of all Rents or former Reserved Rents Services Acknowledgm ts & Demands whatsoever, AND whereas the northerly bounds of said pattent Extends into the woods without limitacon I Doe further declare & determine that the northerly North east & North west bounds of said towne of Westchester shall forever hereafter be Concluded & Ascertained by the southerly line of the pattent of Oneal & the south & west line of Thomas Pell, ALWAYES pro- vided that it is the true intent & meaning hereof that nothing Inserted here is to be Construed to prejudice the perticuler Agreem* the said towne of Westchester Did make with W m Richardson Concerning the saw & Grist Mill that he hath Erected at his owne Proper Cost & Charge for the beneffitt of s d towne Any thing herein Contained to the Contrary in Any wayes notwithstanding, AND further by virtue of the power & Authority to me the said Thomas Dongan Given as Aforesaid & in pursuance of the same & for the Reasons & Consideracons before recited I have Willed Determined Declared & Granted & by these presents Doe Will Deter- mine Declare & Grant that the said Inhabitants & ffree- holders the ffreemen of Westchester aforesaid Comonly called by the name of the freeholders & Inhabitants of the towne of Westchester or by what ever name or names they are called or named & their heires & Successors forever henceforward are & shall bee one body corporate & politique in deed & name by the name of the trustees of the ffree holders & Comonalty of the towne of Westchester & them by the name of the trustees of the ffreeholders & comonalty of the towne of Westchester one body Corporate & politique in deed & name I HAVE really & fully for his said Majesty his heires & Successors erect d made ordained Constituted & Declared by these p r sents & that by the same name they [No. xxm Grants 395 have Succession for ever & that they & their Successors by the name of the trustees of the ffreeholders & comonalty of the towne of westchester be & shall bee in future times per- sons Able & Capable in law to have perceive receive & possesse not only all & singuler the premissess butt other Messuages Lands tennem ts Privilidges jurisdiccons fran- chizes & hereditam ts of whatsoever kind or specie they shall be to them & their Successors in ffee for ever, or for the terme of A Yeare or Yeares or otherwise whatsoever manner it be, AND also goods Chatties & all other things of whatsoever name nature Quality or species they shall bee And also to Give Grant Release Aliene Assigne & Dis- pose of Lands tennem ts hereditam ts & all & every other thing & things act & Acts to doe & Execute by the name aforesaid AND that by the same name of the trustees of the ffreeholders & comonalty of the towne of Westchester to plead & be impleaded answer & be answered unto Defend & be Defended they are & may be Capable in whatsoever place & places & before whatsoever Judges & justices or other persons or officialls of his said Maj tie his heires & Successors in all & all manner of Accons plaints Suites Com- plaints Causes matters & Demands whatsoever of what kind Quality & species the same bee & shall bee in manner & forme as any other of his Ma tls Leige people within this province can or are Able to doe Have require receive pos- sesse enjoye retaine Give Grant Release Aliene Assigne & dispose plead & be impleaded answer & bee answered unto Defend or be defended do permitt or execute, AND for the better enabling the trustees of the ffreeholders & Common- ality of the towne Westchester Aforesaid in doeing & executing all & singuler the premissess I HAVE willed Granted & determined & by these p r sents doe will Grant & determine that from hence forward & for ever hereafter the said trustees of the ffreeholders & Commonality of the towne of Westchester Do & may have & use A comon Seale which shall serve to Execute the causes & Affaires whatso- 396 Colonial Charters [No. xxii] ever of them & their successors AND further I Will & by these Presents on behalfe of his s d Majesty his heires & Successors that henceforward for ever more there be & shall bee trustees of the ffreeholders & Commonality of the towne of Westchester Aforesaid to be Chosen & elected as in these presents hereafter is menconed who shall bee & shall bee Called the trustees of the ffreeholders & comon- ality of the towne of Westchester And they & their Suc- cessors shall & may be att all Convenient times hereafter upon a publique sumons from any three of the trustees Aforesaid for the time being Assemble & meet together in the towne house of the said towne or in such other publique place as shall be from time to time Appointed to make such Acts & orders in writeing for the more Orderly Doeing of the Premissess as they the said trustees of the ffreeholders & Comonality of the towne of Westchester Aforesaid & their Successors from time to time Shall & may think Con- venient so Allwayes as the said Acts & Orders be in noe wayes Repugnant to the Laws of England & of this province which now are or hereafter may be established And that they be not any wise Against the true intent & meaning of these presents AND Also I will ordaine & Determine that all & Singuler the Aforesaid Acts & Orders from time to time shall be made & ordered by the vote of the Major parte of the said trustees of the ffreeholders & Comonality of the towne of Westchester Aforesaid or att least by the Major parte of such of them as shall from time to time Assemble & meet together in manner as afores d so Alwayes as their be not fewer in Number then seven of the The said Trustees present at such meetings so to be holden as Aforesaid AND for the better Execucon of this Grant in this behalfe I have Assigned nominated created Constituted & made & by these presents Doe Assigne nominate Create constitute & make W ra Richardson John Hunt Edward Waters Robert Hustis Richard Ponton W m Barnes John Bugbie John Bayly John Tuder John fferris Joseph Palmer [No. xxii] Grants 397 & Thomas Baxter to stand & be the first moderne trustees of the freeholders & Commonalty of the towne of West- chester to continue in the Aforesaid Office from & After the Date of these Presents Untill the time that others be Elected & Chosen in their Stead According to the manner & forme herein After expresed AND moreover I Doe by these Presents for & on the behalfe of his most sacred Majesty Aforesaid his heires & Successors Appoint that the trustees of the ffreeholders & Comonality of the towne of Westchester & Clerk within the towne of Westchester Aforesaid be Yearly Chosen on the first tuesday of May for ever (Viz*) twelve trustees of the ffreeholders & Comon- ality of the towne of Westchester one Clerke one Constable & two Assessors in Such place as the trustees for the time being shall appoint & Direct & that the trustees Constables & Assessors be chosen by the Majority of vojces of the ffree- holders & freemen of the towne of Westchester Aforesaid, AND whereas there is an act of the Generall Assembly of this province entituled an act for Defraying of the publick & neccessary charge of each respective Citty towne & county throughout this province wherein Amongst other things it was Enacted & provided that Annually & once every Yeare their should be Elected A certaine number out of which Respective Citty towne & county throughout this province to be Elected & chosen By the Major Parte of all the ffree- holders & freemen which Certaine number so Duely elected should have full power & Authority to make an Assessment or Certaine rate w th in their Respective Cittyes townes & Countyes Annually & once every Yeare which Assessm* & certaine Rate so established as Aforesaid Shall be paid unto A Certaine treasurer who shall be Chosen by the Major parte of the ffreeholders & freemen of each Respective Citty towne & County as Aforesaid, AND whereas the said towne of Westchester is to be Regulated in the premissess According to the tenor & Effect of the Afore recited Act of Assembly entituled an act for Defraying of 398 Colonial Charters TNo. xxii] the Publick & neccessary Charge of each Respective Citty towne & County throughout the Province NOW KNOW YEE likewise that I have Given & Granted & by these Presents Doe Give & Grant for & on behalfe of his said Majesty his heires & Successors unto the said trustees of the ffreeholders & Commonalty of the towne of Westchester & their successors forever that the said trustees for the time being forever shall bee the Commissioners of the said towne & Execute & officiate in the said Offices to all intents Con- struccons & purposess whatsoever, AND further that the said trustees or commissioners of the said towne Shall have power from time to time & att all times hereafter & by such wayes & meanes to levy & impose Such Sume & Sumes of mony as they shall think fitt for Defraying the necessary & publick Charges of the said towne & that for the more orderly doeing thereof they shall & may from time to time Give such Directions unto the Assessors Yearly to be Chosen for the Said towne how & After what manner to proceed in their Assessm ts of Such Sume & Sumes of mony as aforesaid on the Estates of Each of the Respective Inhabitants And freeholders of the said towne And the said Sumes of mony when so Raised & paid into the hands of the treasurer of the said towne as Aforesaid to order the paym* Disbursing Dis- posall thereof to such persons & to & for the uses Aforesaid in such manner as to them shall seem meet & Convenient & further that all & singuler the Acts & orders of the said trustees for the time being in the premissess shall be Cer- tified under the said Comon Seale & signed by the President of the said trustees for the time being, who is Alwayes to be first Chosen of the said trustees or in his Absence by any other three of the said Trustees of which the treasurer & Assessors of the said towne for the time being & all others Persons are to take due notice AND Lastly T Give & Grant for & on behalfe of his said Majesty his heires & Successors by these Presents to all & every person & persons & to what- [No. xxii] Grants 399 soever Person subject to his said Ma tie his heires & Suc- cessors free & Lawfull power Abillity & Authority that they or any of them any messuages tennements Lands Meadows feedings Pastures woods underwoods Rents revercons Services & other hereditam ts whatsoever within the said towne of Westchester which they hold of his said Majesty his heires & Successors unto the Aforesaid trustees of the ffreehold r s & Commonality of the towne of Westchester & their successors shall & may give Grant Bargaine Sell & Alienate TO HAVE HOLD & enjoy unto the said trustees of the ffree holders & Commonality of the towne of West- chester & their successors for ever, YEILDING & paying therefore unto his said Majesty his heires & successors on the said five & twentyth Day of March Yearly & every Yeare for ever the full & just Sume of five & thirty shillings Currant mony of this province att New Yorke Wherefore by virtue of the power & Authority Aforesaid I Doe Will & Command for & on behalfe Of his said Majesty his heires & Successors that the Aforesaid trustees of the {freeholders & Commonality of the towne of Westchester & their Suc- cessors have hold use & enjoye & that they Shall & may for ever have hold use & enjoye all the libertys Authorityes Customes orders ordinances ffranchizes Accquittainses Lands tennements & hereditam ts Goods & Chatties Afore- said According to the tenure & Effect of these Presents without the lett or hindrance of any person or Persons what- soever IN TESTIMONY whereof I have Caused the Seale of the province to be hereunto Affixed & these Presents to be hereunto Affixed in the Secretarys Office WITTNESSE my hand Att ffortt JAMES the sixth Day of January 1686. And in the Second Yeare of his s d Majestyes Reigne Tho Dongan By his excellys Command Jsswinton '&* 400 Colonial Charters [No. xxii] May it Please your Excellency. The Attourny Gen 11 hath perused this Pattent & finds nothing Contained therein Prejudiciall to his Ma tls Int r est Exam 5 th January 1686/7 J a « Graham Att A Council held att ffortt James in New Yorke the 6 th January 1686/7 PRESENT His Excellency the Governo r Major Antho Brockholls Major ffred Phillips Major S: V: Courtlandt M r John Spragge Major Gervis Baxter This Pattent was Approved off. Jsswinton Ct Counil G. Royal Charter for Westchester 8 RECORDED for the Mayor Aldermen & Comon Council of the town of — Westchester. WILLIAM the third by the Grace of God of England Scotland ffrance and Ireland King Defender of the faith &c To all to whome these presents shall come sendeth greeting WHEREAS Richard Nicolls Esqr sometime Gov- ernour Generall of Our Province of Newyorke in America by a certaine writeing or Patent under his hand & seale bearing date on or about the fifteenth day of ffebruary in the year of Our Lord God One thousand six hundred sixty seven by virtue of the power and authority unto him given 8 This patent has been carefully compared with the original engrossed copy which is recorded in Books of Patents, VII :i2, at present on deposit in the Manuscript Division of the New York State Library at Albany, and, as far as typography will allow, is a verbatim et literatim et punctuatim copy. There is a slightly different copy printed in Bolton, Hist. West. Co., (1881), 11:301, which is said to be, "from a certified copy of the original in the possession of the late Ogden Hammond, Esq." [No. xxii] Grants 401 did give ratify confirme & grant unto John Quinby John Ferris Nicholas Baily William Betts and Edmund Waters as Patentees for and On behalfe of themselves and their associates the freeholders and Inhabitants of the Towne of Westchester (within our said Province of Newyorke All that tract of land scituate lyeing and being upon the Maine to the East of Harlem River then in the tenure and occupacon of the abovesaid patentees and severall other ffreeholders and Inhabitants of the said Town who before that time by authority had been setled there and had been at considerable charge in manureing and planting part of the Lands belonging thereunto And likewise had setled a competent number of familyes thereupon for a Township the boundaryes and limites whereof were therein sett forth and exprest as follows (viz*) the Westerne bounds of the said Land then lying within the limites of the said Towne did beginn at the west part of the Land commonly called Broncks land neere or adjoyning to Harlem river aforesaid from whence they extend Eastward to the west part of a certaine neck of Land commonly called Ann Hooks neck or M r Pells purchase southward they are bounded by the sound or east river and so to run up a paralell line from the east and west limites north into the woods without limitacon for range of Cattle and other improvements together with all the land soyles necks of land rivers creeks harbours quarrys woods meadows pastures marshes Lakes waters fishing hawkings huntings and fowlings and all other profites commodityes Emoluments And hereditaments to the said land and premisses within the said bounds and limites described and set forth belonging or in any manner of wayes appertaining TO HAVE AND TO HOLD all and singular the said Tracts & parcells of land hereditaments and premisses with their and every of their appurtenances and every part and parcell thereof to the said patentees and their associates their heirs successours and assignes for ever AND MOREOVER the said Richard Nicolls Esqr as 402 Colonial Charters [No. xxii] Governour Generall as aforesaid did thereby ratify con- firme and grant unto the said Patentees and their associates their heirs successours and assignes all the rights and priviledges belonging to a Town within this Government and that the place of their then present habitacon should continue and retaine the name of Westchester by which name and stile it was to be distinguished and knowne in all bargains sales deeds writeings and records they the said patentees and their Associates heirs successours and assignes rendring and paying such dutyes and acknowledgments as then were or thereafter should be constituted or established by the Laws of the said Province as by the said writeing or Patent now remaining upon the records of the Secretarys office relacon being thereunto had may more at large appear AND WHEREAS afterwards on or about the sixth day of January in the year of Our Lord God One thousand six hundred and eighty six upon the peticon of severall of the ffreeholders of the said Town of Westchester in behalfe of themselves and the rest of the ffreeholders and Inhabitants of the said Towne directed to Coll Thomas Dongan then Captain Generall and Governour in Cheife of Our said Province The said Coll Thomas Dongan by virtue of the power and authority to him derived in and by a certaine instrument in writeing under his hand and seal of Our said Province of New yorke whose date is the day and year last abovesaid for the consideracon therein menconed did give grant ratifye release and confirme unto twelve of the ffree- holders and Inhabitants of the said Town of Westchester and therein and thereby made them one body corporate and politick and willed and determined them to be called and known by the name of the Trustees of the ffreeholders and Comonalty of the Town of Westchester and their Succes- sours all the aforesaid tracts and parcells of land within the limites and bounds aforesaid together with all and singular the houses messuages Tenements buildings mills milldamms fences inclosures gardens orchards feilds pastures woods [No. xxii] Grants 403 underwoods Common of pastures meadows marshes swamps creeks harbours and all other profites comodityes & heredit- aments whatsoever to the said Tracts of Land and premisses belonging or in any manner of wayes appertaining TO HAVE AND TO HOLD unto them the said Trustees of the ffreeholders and Comonalty of the said Towne of Westchester and their Successours forever to and for the severall and respective uses therein menconed (that is to say) as for and concerning All and singular the severall and respective parcells of land & meadow part of the abovesaid granted premisses then in any wayes taken up and appro- priated either by Patent under the hand of any of his Majestyes Governours in this Province and sealed with the seal thereof or by particular divisions settlements allot- ments and grants by Town orders either for the planting of land or erecting of Sawmills with all and every the priviledges of cutting of timber and pasture for Cattle before the day of the date thereof unto the severall and respective then present ffreeholders and Inhabitants of the said Town of Westchester by virtue of the beforerecited deed or Patent to the use benefite and behoof of the s d ffree- holders and Inhabitants respectively and their severall and respective heirs and assignes forever And as for and con- cerning all and every such Tracts and parcells of Land Remainder of the granted premisses not then taken up and appropriated to any particular person or persons by virtue of the before recited deed or Patent to the use benefite and behoofe of the then present ffreeholders & Inhabitants their heirs successours and assignes forever in proporcon to their severall and respective settlements divisions and allotments as Tennants in Common without any lett hindrance or molestacon to be had upon pretence of Joynttennancy or survivourship therein saving to his then Majesty his heirs and Successours the severall rents and quitt rents reserved due and payable from severall persons inhabiteing within the Limites and bounds aforesaid by virtue of former grants 404 Colonial Charters [No. xxii] to them made and given Alwayes provided that all and every such person and persons that hold any lands within the limites and bounds aforesaid by virtue of the particular grants or Patents are forever to be excluded from having any right or corhonage or particular division of any of the lands within the limites and bounds aforesaid that then remaind unappropriated to be holden of us Our heirs and Successours in ffree and Comon Soccage according to the Mannour of East Greenwich in the County of Kent within Our Realme of England under a certaine yearly quitrent therein reserved due and payable unto Us Our Heirs and Successours AND WHEREAS the northerly bounds of the first recited Patent extends into the woods without Limita- con The said Coll Thomas Dongan did in and by the last abovemenconed Patent and Confirmacon declare and deter- mine that the northerly northeast and Northwest bounds of the said Town of Westchester should forever hereafter be concluded and ascertained by the southerly Line of the Patent of Oneale and the south and west line of Thomas Pell as By the last aboverecited Patent relacon being there- unto had may more at large appear AND FORASMUCH as the present Trustees and other the ffreeholders and Inhabitants of the said Town of Westchester have lately by their humble peticon to our trusty and welbeloved Benjamin Fletcher Our Captaine Generall and Governour in Cheife of Our said Province of Newyorke in America prayed Our Charter or Patent of Confirmacon of all those severall tracts and parcells of land and other the premisses to them granted as aforesaid And that the said Town of West- chester and all and singular the Lands and tenements there- unto belonging and appertaining may forever hereafter be a ffree Borrough and Town corporate NOW KNOW YEE That We do by this Our Royall Patent or Charter of Con- firmacon for us our Heirs and Successours Grant Ratify Approve and Confirme unto the said Trustees of the ffree- holders and Inhabitants of Our said Town of Westchester [No. xxii] Grants 405 and to their successours and assignes forever all the severall Tracts and Parcells of Land herein before recited whose limeets and bounds are forever hereafter to be taken and esteemed and to be and remaine as follows (Viz 1 ) the westerne bounds thereof are to beginn at the west part of the Land commonly called broncks land neere or adjoyning to Harlem River from whence they are to extend eastward to the west part of a neck of Land commonly called Ann Hooks neck or the westermost bounds of M r Pells Patent Southward by the sound and East river and so to runn up a parallell line from the East and West limites north into the woods untill it meet the Southerly line of the Patent of Oneale and the south and west line of Thomas Pells Patent TOGETHER with all and singular the houses messuages Tenements Ereccons and buildings mills milldamms fences inclosures gardens Orchards feilds pastures Corhon of pasture meadows marshes swamps plains woods underwoods timber trees river, rivoletts runns streams waters lakes ponds pools pitts beaches quarrys mines mineralls (halfe of gold and silver mines excepted) Creeks harbours highwayes easements fishing hunting and fowleing and all other fran- chises profites Comodityes hereditaments and appurtenances whatsoever to the same belonging or in any manner of wayes appertaining or therewithall used and enjoyed as part parcell or member thereof or accepted reputed or taken to be long or in anywise to appertain thereunto TO HAVE AND TO HOLD and Enjoy all and singular the aboves d tracts and parcells of land hereditaments and premisses with their and every of their appurtenances unto the said Trustees of the ^freeholders and Inhabitants of the said Borrough and Town of Westchester and their Successours forever to and for the severall and respective uses following and to no other use intent or purpose whatsoever (that is to say) as for and concerning all and singular the severall and respective parcells of upland and meadow ground part of the abovegranted premisses in any wise taken up and 406 Colonial Charters [No. xxii] appropriated either by Patent under the hand of any of Our former Governours of this Our Province and sealed with the seale thereof or by grant from the abovemenconed Trustees or by particular divisions settlements allotments and grants by Towne Orders either for planting of Land or erecting of sawmills with all and every the priviledges of cutting of timber & pastures for Cattle before the date of these presents and that by virtue of any the herein before- recited grants or patents or any of them shall be and remaine to the use and behoofe of such of the severall and respective ffreeholders and Inhabitants respectively and their severall and respective heirs and assignes forever and particularly one agreement made by the Trustees of the said Towne bearing date the second day of December One thousand six hundred ninety and four with one Richard Ward relateing to the streame of the great Creeke within the said Town on which Coll Caleb Heathcote and the said Richard Ward who are now equally concerned therein are erecting of sundry mills And as for and concerning all & every other the Tracts and parcells of upland and meadow ground remainder of the above granted premisses and yet taken up or appropriated by any particular person or per- sons as aforesaid to be and remaine to the only propper use and behoofe of the said Trustees of the ffreeholders and Inhabitants of the said Borrough and Towne of West- chester and to their Successours and assignes forever and to no other use intent or purpose whatsoever TO BE HOLDEN of Us Our Heirs and Successours according to the Mannour of East Greenwich in the County of Kent within Our Realme of England in ffree and Common soccage Rendring & paying unto Us Our heirs and Successours or to the hands of Our Receiver Generall of Our said Province of Newyorke for the time being or to such other officer or officers as shall be appointed to receive the same for and out of the said Tracts and parcells of land and other the p r misses the sume of thirty shillings Currant money of [No. xxii] Grants 407 Newyorke upon every five and twentyeth day of March for- ever hereafter AND WEE DOE further give and grant unto the freeholders and Inhabitants of the said Towne of Westchester and to their Heirs and Assignes forever full power and authority annually and once every year and that upon the first munday in the month of May That they the said ffreeholders and Inhabitants shall and may as formerly hath been accustomed in the said Towne elect and choose twelve ffreeholders for their Trustees who shall have full power and authority or the Maj r part of them to order and dispose of all or any part of the undivided Land within the s d Town limites & precincts Thereof as fully and amply to all intents construccons and purposes as formerly they have used and been accustomed to doe AND FURTHER of our Especiall grace certaine knowledge and meere mocon Wee do for us our heirs and Successours grant constitute ordaine and appoint by this Our present Charter That all and singular the Lands tenements and hereditaments herein before in this our said Royall Charter and Grant granted and confirmed or menconed or intended to be granted and confirmed shall from henceforth forever be a ffree Borrough or corporacon excepting and alwayes reserving out of the said Burrough or Corporacon all that Tract of Land scituate and being upon the East side of Harlem River aforesaid and which did formerly belong to Coll Lewis Morris Deceased and which now is in the tenure and cccupacon of James Graham Esqr and to be and remaine out of the jurisdiccon of the said Corporacon AND FUR- THER of our Especiall Grace certaine knowledge and meere mocon do for us Our Heirs and Successours grant constitute ordaine and appoint by this our p r sent Charter that the said Town of Westchester and all and singular the Lands and Tenements thereunto belonging and appertain- ing may forever hereafter be a ffree borrough and Town Corporate and shall be called the Burrough & Towne of Westchester And that in the said Town corporate there 408 Colonial Charters [No. xxii] shall be a body politick consisting of a May r six Aldermen and six Assistants or Corhon Council of the said Borrough & Town of Westchester to continue in succession forever And for the more full and perfect ereccon of the said Cor- porator* and body politick to consist continue and be of A Mayor six Aldermen & six Assistants or Comon Council of the said Borrough or Towne to be called and knowne by the name of the Mayor Aldermen & Comonalty of the Bur- rough and Towne of Westchester WEE of Our Especiall Grace certaine knowledge and meere mocon do by these presents for us Our Heirs and Successours Create make ordain constitute nominate and appoint Our Trusty and welbeloved Coll Caleb Heathcote Esqr One of Our Counsel- lours of Our said Province of Newyorke to be the first and Now Mayor of the said Town and Borrough of West- chester and to continue in the said office untill the first munday in the month of May which shall be in the ninth year of Our reigne AND WEE do likewise Create make ordaine constitute nominate and appoint William Barnes John Hunt William Willet Thomas Baxter Josiah Hunt and John Baily Gent, to be first Aldermen of the said Borrough and Towne of Westchester And Israeli Honnewell Robert Huestis Samuel Heustis Samuell Ferris Daniel Turner and Miles Ockley Gent, the first assistants & Common Council of the said Borrough & Towne And that the said Mayor Aldermen & Common Council and there successours shall forever hereafter be in name & in deed a body corporate and politick and shall forever hereafter be called and knowne in all courts whatsoever plead and be impleaded by the name of the Mayor Aldermen and Comonalty of the Borrough and Town of Westchester AND of our further grace certaine knowledge and meere mocon and to the intent that the said corporacon and body politick by these presents created and begunn as aforesaid may have perpetuall succes- sion and continue forever WEE DO by these presents for us our Heirs and Successours grant unto the said Mayor [No. xxii] Grants 409 Aldermen and Common Council and their Successours for- ever that the said Mayor and Aldermen of the said Bor- rough & Towne of Westchester for the time being shall and may from time to time whensoever and as often as they shall think meet admitt and receive under the Cornon seale of the said corporacon to be of the Comonalty of the said Borrough and Towne such and so many persons as the said Mayor and Aldermen or the May r for the time being and the greater part of the said Aldermen shall think meet and that every such person and persons by them the said Mayor and Aldermen or the greater part of them as aforesaid to be admitted and received as aforesaid shall immediatly after such admission be ffreemen of the said Borough and Towne & members of the said body politick and have and enjoy all such the same and so many priviledges franchises and immu- nityes as if the said persons so to be admitted had been specially and particularly named in this our said Royall Charter to be of the said Comonalty AND FURTHER WEE of Our Especiall grace certaine knowledge and meere mocon do by these presents for us Our heirs and Successours give and grant unto the said Mayor Aldermen and Common Council of the said Borrough and Towne of Westchester that they and their Successours shall from henceforth for ever be a politick and incorporate in deed and in name and by these presents fully and absolutely make create constitute establish and unite the said Mayor Aldermen and Comon Council into one body politick and incorporate to indure and continue forever and them and their Successours do declare accept and allow for a perfect corporation and body politick forever and that the said body politick and corpo- rate shall be called and knowne forever by the name of the Mayor Aldermen and Commonalty of the Borrough and Towne of Westchester and that by that name they and their Successours shall be able persons in Law to make all manner of contracts and grants and to make receive and take all manner of gifts grants and purchases as any other naturall 410 Colonial Charters [No. xxii] person or body politick is able to make receive and take by the Laws of Our Realme of England and this Our Province and that they and their Successours shall and may by that name implead any other Person or persons or be impleaded in any Court or Courts in all and all manner of causes and accons reall & personall or mixt of what kinde or nature soever and claime and demand their libertyes and franchises before any Judge or Judges Ecclesiasticall or secular and otherwise do and Execute all and every act and acts thing and things what so ever which any other leidge men which are Enabled and made capable of the benefite of Our Laws within Our Realme of England or this Our Province of Newyorke can or may lawfully do or execute AND FUR- THER of Our Especiall grace certaine knowledge and meere mocon we do by these presents for us Our Heirs and Successours give and grant unto the said Mayor Aldermen and Comon Council that the said Coll Caleb Heathcote and his Successours Mayors of the said Town and Borrough of Westchester aforesaid for the time being shall have the charge of ffree Government of the said Borrough and Towne of Westchester during the time of his and their bearing the said Office in as absolute and ample manner as is usuall and customary with other Mayors in the like cor- poracons in our Realme of England. AND FURTHER Because the said Mayor for the time being may many times have just occasion to be absent from the said Towne either of the publick affairs thereof or for his own private respects Wee doe therefore for us Our Heirs and Successours by these presents give and grant unto the said Mayor Alder- men and Comon Council and their Successours That the said Coll Caleb Heathcote and his Successours Mayors of the said Borrough and Towne of Westchester and every of them shall have full power and authority from time to time during his year of Government with the consent of the said Aldermen of the said towne for the time being or the greater part of them to substitute in his absence some discreet and [No. xxii] Grants 41 1 substantiall person being One of the members of the said Aldermen Inhabiting in the said Towne or Borrough to be his Deputy Mayor of the said Towne during the absence of the said Mayor And such Deputy Mayor for the time being Wee do by these presents fully and absolutely author- ize to do and execute all things whatsoever belonging to the said office or place of Mayor in as large and ample manner as if the said Mayor himselfe was personally present AND WEE DO further by these presents give & grant unto the s d Mayor Aldermen and Comon Council of the said Bor- rough and Town of Westchester and their Successours for- ever that the said Mayor for the time being or his lawfull Deputy & any two or more of the said Aldermen of the said Town shall and may lawfully hold and keep upon the first tuesday in every month throughout the year a Court within the said Towne of Westchester and therein shall have full power and Authority to hold plea of all manner of debts covenants trespasses accompts detinues demands and all other accons personall of what kinde or nature soever the same be ariseing and growing only within the said Borrough or Towne of Westchester and the limites thereof so as the same do not exceed in debt or damages the sume of twenty pounds Currant money of this Our Province who shall have power to hear and determine the same pleas and accompts according to the rules of the Common Law of our realm of England and the Acts of Generall Assembly of this Our Province of Newyorke AND FURTHER of Our like Especiall grace certaine knowledge and meere mocon We do by these presents for us Our heirs and Successours give and grant unto the said Mayor Aldermen and Comon Council of the said Borrough and Town of Westchester and their Successours forever that they and their Successours forever shall have a Common seal under which they shall passe all grants warrants deeds and specialtyes and other the affairs and businesse of or concerning the s d corporacon which shall be engraven with such forme and inscription as 412 Colonial Charters [No. xxii] shall be devised by the Mayor Aldermen & Comon Council of the said borrough and Towne that the said Mayor Alder- men & Comon Councill shall and may build or cause to be built in some convenient place of the said Town a Comon hall or Town house to be called by the name of the Town hall of the burrough and Town of Westchester where the said Mayor and Aldermen and Comon Councill shall and may from henceforth forever lawfully assemble themselves to deliberate and consult touching the publick welfare of the said borrough and Towne of Westchester and that they and their Successours shall and may from henceforth be a ffree guild mercaturie and that they or the greater part of them and their Successours of which the Mayor to be one shall and may from time to time in their publick Council freely and lawfully make and Establish all such ordinances Statutes orders or by Laws as may tend to the good and wholsome government of the said Borrough and Town and to the publick benefite of the Inhabitants of the same not being repugnant to the Comon Laws and Statutes of Our Realme of England and this Our Province of Newyorke and such ordinances by laws statutes orders and decrees as shall be made by them as aforesaid Wee do by these presents for Us Our heires and Successours ratify confirme and allow as good and effectuall to binde all the Inhabitants of the said borrough and Towne and do expressly will and Command by these presents that the same be duely put in Execucon And that the said Mayor Aldermen and Comon Council shall at any time or times hereafter have full power to Establish a ferry over the sound betwixt the said corpora- tion and the Island of Nassaw in such convenient place or places as to the said Mayor and the greatest part of the said Aldermen shall seem meet and convenient and to take such ffees & perquisites for the same for the use of the said Corporacon as is now paid for the Ferryage between New yorke and the said Island AND FURTHER for the more orderly Government of the said Borrough and Towne [No. xxii] Grants 413 according to the forme of the best governed Towns and Corporacons of Our Realm of England Wee do by these presents for us Our Heirs and Successours give and grant unto the said Mayor Aldermen and Comon Council of the said borrough and Towne of Westchester full power to Elect and nominate one discreet and sufficient person learned in the Law to be Recorder and Towne Clerke of the same borrough and Towne of Westchester during the pleasure of the said Mayor and Aldermen & Comon Councill and such person or persons as they the said Mayor Aldermen and Comon Council shall choose to be Recorder and Towne Clerke of the said Borrough and Towne We do for us Our heirs and Successours make ordaine and constitute Recorder and Towne Clerke of the said Borrough and Town and that the said person or persons may execute their said Offices by themselves or lawfull Deputy or Deputys so that the same be first approved off by the said Mayor and the Major part of the said Aldermen And wee do hereby authorize the said Recorder and Town Clerke or his or their lawfull Deputy or Deputys to use and exercise all such jurisdiccons and authorityes as the Recorder and Town Clerke doth or ought to do in the like corporacons in Our Realme of England. AND FURTHER Wee do by these Presents for us Our Heirs and Successours make ordaine and constitute the said Mayor and Aldermen of the said Borrough and Towne of Westchester to be Justices of the peace within the said bounds and limites of the said Towne and do hereby give them full power and authority to do and execute all and every act and acts thing and things whatsoever within the said bounds and Limites of the said borrough and Towne in as absolute and ample manner as any Justices of the peace within the said County of Westchester may or ought to do by the Laws and statutes of our Realme of England and this our Province of New yorke AND WEE do further for Us our Heirs and Successours give and grant unto the said Mayor Aldermen and Comon Council of the said borrough 414 Colonial Charters [No. xxii] for the time being and to their Successours forever full power and autho[rity]* to nominate and appoint from time to time one serjeant of th[e] Mace and all other inferiour Officers and Ministers which they shall think to be con- venient and necessary and which are accustomary in any of Our Corporacons in Our Realme of England for the service of the said borrough and Towne all which Officers being from time to time appointed by the said Mayor and Alder- men as aforesaid Wee do for us our Heirs and Successours by these Presents Constitute and establish in their severall Offices and do Give them an[d] Every of them full power and authority to use and exercise the same within the said borrough and Town and within the limites and franchises thereof during the will and pleasure of the said Mayor and Aldermen as fully and freely as any other the like Officers in or of any of the like Corporacons in Our Realme of England lawfully may or ought to doe and the said Office of Mayor shall from thenceforth forever be Annuall. And that the said Mayor Aldermen and Comon Council shall from henceforth forever have franck and ffree Eleccon of the said Mayor to be chosen yearly out of the number of the said Aldermen and that by the vote of the greatest number of the said ffreeholders and Inhabitants of the said Corporacon And all other the s d Officers and Ministers out of the rest of the number of the said ffreeholders and inhabitants by the greater number of the Mayor Aldermen and Comon Council And when and so often as any of the aforesaid Aldermen and Comon Council who are hereby nominated and created for their life time or untill they or any of them shall be lawfully removed or voluntarily remove themselves from the said corporacon the said Aldermen to be elected and chosen out of the number of the said Common Councill, and the number of the Comon Councill to be chosen & made up out of the ffreemen of the said corporacon *A11 matter in brackets is illegible in the original and has been filled in from other sources where possible. [No. xxii] Grants 415 by the greater vote of the s d freeholders and Inhabitants thereof and that alwayes within fourteen dayes after death or removeall of any of them as aforesaid AND FURTHER Our will and pleasure is that the first munday in the month of May yearly shall be forever the day of eleccon of the said mayor and all other the said Officers and Ministers which shall yearly succeed in the said borrough unlesse the said Mayor for the time being happen to dy or be lawfully removed within the year in which case Our pleasure is that the aforesaid freeholders and Inhabitants shall within four- teen days after the death or removall of any such Mayor for the time being as aforesaid proceed to eleccon to some other of the said Aldermen to supply the place of the said Mayor being void as aforesaid AND that Coll Caleb Heathcote the present Mayor shall immediately before he take upon him the said office and place take the Oaths lately appointed by Act of Parliament insteade of the Oaths of Allegiance, and supremacy and that the same be administred to him in the Presence of Our said Captain Gen 11 and Gover- nour in Cheife of our said Province of Newyorke And the said Coll Caleb Heathcote having taken the said oaths shall cause the same to be given in his presence as well to such person as the said Coll Caleb Heathcote shall at any time during his Mayoralty leave to be his Deputy in his absence as aforesaid as to the Aldermen and Comon Council created as aforesaid and to the Recorder and all such other Officers and Ministers as shall be chosen in the said borrough for the better Government of the same and that before they or any of them shall take upon them to execute any office or place by virtue of this Our Royall Charter and Patent And after the end of the Mayoralty of the said Coll. Caleb Heathcote Our will and pleasure is that every Mayor of the said Town that shall be hereafter elected in manner as aforesaid shall immediately take the abovesaid oaths before three at the least of the said Aldermen of the said borrough and that upon eleccon of any other Aldermen or Comon 416 Colonial Charters [No. xxii] Councill in case of death or removeall as aforesaid or such other Officers as shall be annually chosen to take the above- said oaths before the Mayor for the time being and any two of the said Aldermen whom wee do by these presents fully authorize to minister and give the said severall oaths AND FURTHER of our Especiall grace certaine knowl- edge and meere mocon do by these presents for us Our Heirs and Successours give and grant unto the said Mayor Aldermen and Common Council of the borrough and Towne of Westchester and their Successours forever That they the said Mayor Aldermen and Comon Council and their Successours shall and may from henceforth forever have hold and keep one ffree markett within the said borrough and Towne upon every Wednesday in every week and two fairs within the said borrough and Towne at two severall times in the year (Viz*) the one to beginn and to be holden within the said borrough and Towne upon the second tues- day in May yearly forever and to continue for three dayes and no longer And the other of the said ffairs to beginn upon the last tuesday in October yearly forever and to con- tinue alsoe for three dayes and [no] Longer with power to erect severall Courts of Pypowder and the Office of Clerke of Entryes and all other things thereunto belonging with all and singular the perquisites profites issues customes tolls ffees amerciaments commodityes Jurisdiccons and emolu- ments to the said Courts ffairs and marketts in any wayes belon[ging and] appertaining And that the Mayor of the said Borroug[h and Towne] of Westchester for the time being and no other have power [and Authojrity to give and grant lycence annually under the Pub [lick Seal of] the said Corporacon to all Taverne keepers Innkeepers Ordin[ary keepers] Victuallers and all publick sellers of wine strong waters rum [Syder] bear or any other sort of strong liquors by retaile within t[he said] Corporacon or the libertys and precincts thereof And it shall [and may] be lawfull to and for the said Mayor of the said borrough [No. xxii] Grants 417 [for the] time being or his law full Deputy to ask demand and rec[eive for such] lycence by him to be given and granted as aforesaid such su[me or Sumes] Of money as he and the person to whome such lycence shall be given and granted shall agree for not exceeding the sume of twenty shillings for such lycence all which money as by the said Mayor shall be soe received shall be used and applyed to the publick use of the Mayor Aldermen and Common Council of the said borrough and their Successours AND ALSOE Wee do of Our like especiall grace certaine knowl- edge and meere mocon by these presents for us Our Heirs and Successours grant unto the said May r Aldermen and Comon Councill of the said borrough and Town of West- chester and their Successours forever that the Mayor with two or more of the Aldermen for the time being shall have full power to inquire hear and determine of all ffrays and bloodsheds whatsoever happening within the said borrough and Towne of Westchester and the offenders therein to cor- rect and punish according to the Laws of our Realme of England and this our Province of Newyorke AND WEE do further by these presents for Us Our Heirs and Succes- sours give and grant unto the said Mayor Aldermen and Comon Council of the said borrough and Towne of West- chester and to their Successours forever that the Mayor or in his absence his Deputy Mayor of the said Borrough and Towne for the time being shall be Coroner and Clarke of the markett within the said borrough and Towne and the libertyes thereof giving and hearby Granting unto the said Mayor and Deputy Mayor for the time being full power and authority to exercise and execute the said office and offices of Coroner and Clerke of the Markett in the said borrough and Towne and the libertyes thereof in as large and ample manner as any other Coroner or Clerke of the markett doth or may lawfully execute the like office or offices in any other Towne or Libertyes within this Our Province of Newyorke AND FURTHER of Our Especiall 418 Colonial Charters [No. xxii] grace certaine knowledge and meere mocon Wee do by these presents for Us Our Heirs and Successours give and grant unto the said Mayor Aldermen and Comon Council of the said borrough and Towne of Westchester aforesaid and their Successours forever that they and their Successours shall and may from time to time returne and send One discreete burgesse of the said Towne and borrough into every Generall Assembly hereafter to be summoned and holden within this Our Province of Newyork which burgesse so returned and sent shall be received into the house of Deputyes or members of the said house to have and enjoy such priviledges as any other of the said members have or ought to have AND LASTLY Our expresse will and pleasure is And Wee do by these presents for Us our Heirs and Successours give and grant to the said Mayor Aldermen and Comon Council of the said borrough and their Succes- sours forever that these Our Letters Patents or the Enroll- ment thereof in Our Secretaryes Office of Our said Province shall be good available and effectuall in the Law to all intents construccons and purposes against Us Our Heirs and Successours without any other lycence grant or con- firmacon from us Our Heirs and Successours hereafter by the said Mayor Aldermen and Comon Council or their Suc- cessours or any of them to be had and obteind notwith- standing the not recitall or misrecitall not nameing or mis- nameing of the said offices {franchises Lands tenements or hereditaments and other the premisses or any of them and notwithstanding that no write of ad quod damnum hath issued forth to inquire of the premisses or any of them before then sealing of these presents any statute act ordi- nance or provision or any other matter or thing whatsoever to the contrary in any wise notwithstanding IN WITNESSE whereof Wee have caused these Our Letters to be made Pattents WITNESSE Our Trusty and welbeloved Ben- jamin Fletcher Our Captaine Generall and Governour in Cheife of Our said Province of Newyorke and the Terri- [No. xxii] Grants 419 toryes and Tracts of Land Depending thereon in America and Vice Admirall of the same Our Leiv 1 and Commander in Cheife of the militia and of all the forces by Sea and Land within our Collony of Connecticutt and of all the fforts and places of strength within the same, At Our ffort at Newyorke this sixteenth day of Aprill in the eighth year of Our Reigne./ Ben ffletcher by his Excell Command" David Jamison D Secry. 420 Colonial Charters [No. xxm] No. XXIII. TOWN OF WEST FARMS. A. Indian Deed to Jessop and Richardson, 1663 1 West Chester March 12 th 1663. THESE may Certifie those whom it may concerne, That wee Shonearokite, wapomoe, Tuckorre, whawhapehucke, Capahase, quanusco, Shaquiske Passachahenne, Harra- wooke, have Alienated and sold, unto Edward Jessop, and John Richardson both of the place abovesaid, a Certaine Tract of Land, Bounded on the East by the River Ahque- hunger Bronckses, to the middest of the River, on the Northward by the Trees marked, and by a peece of Hassuck Meadow, westward by a little Brooke called Sackwrahung Southward by the Sea, with the Neck of Land called quinuahuing, with all the Meadowes, Uplands Trees, and whatever else besides, be upon the said Parcell of Lands with all other Commodities belonging to the same, quietly to possesse and Enjoy the same, from Us, Our heires or Successo rs , to them, their heires and Successo rs for ever, and for their Cattle to range in the woods so farr as they please with out any molestation or infringement; and that this is Our true intent and meaning, Wee have sett to Our hands the day and yeare above written./ 1 This deed has been carefully compared with the original recorded deed, in the office of the Sec. of State, Albany, in Deeds, II 79, and, as far as typography will allow, is a 'verbatim et literatim et punctuatim copy. VLJLP M « * = § MAP Ol III] TOWN Ol WES1 FARMS. SHOWING THE DIVISION LIN] IS CONSTITUTING TH1 NEW TOWN Ol WES1 I \kM» \ND MORRISSAN1A [No. XXIII] Grants 421 Signed in ye p r sence of Shonerokite y his Marke Edward Waters Wapomoe 7 his Marke his Richard ££f Penton Wahwhapehi jcke 7 his Marke marke Nathan Bayly./ Capahase /zs his Marke Tuckerre O his Marke Passacahene c his Marke Shaquiske c his Marke Quanusco <9 his Marke Harrowooke y her Marke. March the 12 th 1664. I Shawnarockett, in y e name and behalfe of the rest do Acknowledge to have rec d of Edward Jessop and M r Richardson, full Satisfaction for the Tract of Land, in this Bill Specified Shawnarockett [blank] his Marke Wittnesse, Edward Waters. Richard Ponton. Natha: Bayly./ Entred at Hempsteed at y e time of the Generall Meeting there, the 9 th day of March 1664. B. Indian Deed to Jessop and Richardson, 1664 2 Recorded for M r Richardson Apr. the 5 th 1667. Westchesf March the 12 th 1664. These may Certify whom it may concerne, That wee Shawnerockett, Wappamoe, Tuckore, Wawapehock, Cap- 2 This deed has been carefully compared with the original recorded deed in the office of the Secretary of State, Deeds, 11:58, and, as far as typography will allow, is a verbatim et literatim et punctuatim copy. 422 Colonial Charters [No. xxm] pahas, Quanuseoe, Shaquiske, Passacahem, & Harrawocke haue aliened & sold unto Edward Jessup and John Richard- son both of the place abovesaid, a certain Tract of Land bounded on the East by the River Aquehung or Bronckx to the midst of the River, on the Northward by the Trees mark't & by a piece of Hassock Meadow, Westward by a litle Brooke called Sackwrahung, Southward by the Sea, with a Neck of land called Quinnahung, with all the Meadowes, Uplands, Trees & whatever else besides bee upon y e said parcell of lands, with all other Comodities belonging to the same, quietly to possesse & enjoy the same, from us, our heires or successo rs , to them their heires, & successo rs forever, & for their Cattle to range in the wood so farre as they please, without any Molestacon or Infringement, & that this is our true Intent and Meaning, Wee have sett to our hands the day and yeare aboue written. Signed in presence Shawnerockett, Wappamoe of, Edward Waters Tuckore , Wawapehock Richard Ponton. Cappahas , Quanuseoe Nathan :Baily. Shaquiske , Passacahem. Harrawocke. Their markes were sett to./ March the 12 th 1664. I Shawnerockett in the name & behalfe of the rest doe acknowledge to have receiued of Edward Jessop, & John Richardson full Satisfaction for this Tract of Land in this Bill specified. Shawnerocket his Marke./ Wittnesse Edward Waters. Richard Ponton. Nathan. Baily. [No. xxiii] Grants 423 C. Nicolls Patent for West Farms 3 M r Richardsons Patent. RICHARD NICOLLS ESQ R &C WHEREAS there is a Certaine Parcell of Land w th in this Governm* scituate lyeing & being neare unto & within the Lymitts of the Towne of Westchesf upon the Maine being bounded to y e East by the Ryver Comonly called by the Indians Aquehung otherwise Bronckx Ryver extending to the midst of the Ryver to the North by the mark't Trees & by a peice of Hassock meadowe westward by a little Brook called by the Natives Sackwrahung, & Southward by the Sound or East Ryver including w th in it a Certaine Neck of Land called Quinna- hung w ch said parcell or Tract & Neck of Land with the appurtenances Together w th Comonage & liberty for Range of Horses & Cattle as farre as they please into the woods hath heretofore beene Jointly purchased of the Indian Proprieto" by Edward Jessop & John Richardson of West- chester aforesaid and due satisfaction hath by them beene Given for the same As by the Deed remayning upon Record more at large doth & may appeare, Now it being mutually agreed upon by both the aforesaid Joynt purchasers that an Equall division shall be made of the said parcell or Tract of Land and Appurtenances betweene them the said Edward Jessop & John Richardson their heires & Assignes, & to the end the said Lands may be the better manured & Planted, ffor a further Confirmation unto each & either of them in their possession & injoyment of the p r emisses KNOW YEE That by vertue of the Comission & Authority unto me given 3 This patent has been carefully compared with the original engrossed copy which is recorded in Books of Patents, IV:63, at present on deposit in the Manuscript Division of the New York State Library at Albany, and, as far as typography will allow, is a verbatim et literatim et punctuatim copy. Another copy, slightly different, is published in Bolton, Hist. West. Co., (1881), 11:434. 424 Colonial Charters [No. xxni] by theise Royall Highnesse I HAVE Ratifyed Confirmed & graunted & by theise p r sents doe Ratifye Confirme and graunt unto John Richardson aforesaid his heires and Assignes the moyety or one halfe of tha'forementioned par- cell or Tract of Land & p r misses, Together w th the moyety or one halfe of all the woods meadowes pastures Comonage Marshes waters Ryvers or Lakes thereunto belonging w th their & every of their appurtenances & of every parte & parcell thereof, TO HAVE & TO HOULD the said Moyety or one halfe of the said parcell or Tract of Land Comonage & p r misses w th all & singuler their appurtenances to the said John Richardson his heires & Assignes, To the proper use & behoofe of The said John Richardson his heires & Assignes forever Hee or they RENDRING & PAYING such Dutyes and Acknowledgm ts as now are or hereafter shall be Constituted & Establish't by the Lawes of this Governm 1 und r the Obedience of his Royall High- nesse his heires and Successo rs GIVEN under my hand & Seale at ffort James in New Yorke the 25 th Day of Aprill in the 19 th yeare of his Ma ties Raigne Annoq } Domini 1666. ? I . f C^y^ y LficAj t 8 •1 . , ' tl t4**> y iii^-o. MAP OF THE TOWN OF YONKERS I rER COUNTY Dated 179". Original size \\Yi X 17". [No. xxv] Grants 433 by these presents do Give, Ratify, Confirme and Graunt unto the said Hugh Oneale and Mary his wife, their heyrs & Assignes, all the afore mentioned Parcel or Tract of Land called Nepperhane, Together with all woods, Marshes, Meadowes, Pastures, waters, Lakes, Creekes, Rivoletts, ffishing, Hunting and ffowling, And all other Proffitts, Com- modities and Emoluments, to the said Tract of Land belong- ing, with their and every of their Appurtenances, and of every part and Parcell thereof; TO HAVE AND TO HOLD the said Tract of Land and p r mises, with all and Singular their Appurtenances, unto the said Hugh Oneale and Mary his wife, their Heires and Assignes, to the proper use and behoofe of the said Hugh Oneale, and Mary his wife, their Heires and Assignes for ever, Hee, Shee or they or any of them, Rendring and Paying such Acknowledg- ments Dutyes, as are or shall bee Constituted and Ordained, by his Royall Highnesse y e Duke of Yorke and his heires, or such Governour and Governo rs , as shall from time to time bee appointed and sett over them; with this Proviso, That if at any time hereafter, his Royall Highnesse, his Heires, Successo" or Assignes, shall thinke fitt to make use of any Timber for Shipping, or for Erecting or repairing of fforts within this Government, a Liberty is reserved for such uses and purposes, to Cutt any sorts of Timber, upon any Inplanted Grounds, on the said Tract of Land, to make Docks, Harbou rs wharfes, Houses or any other conveni- encies relating there unto, And also to make use of any Rivers, Rivoletts and Inletts of water, to the purposes aforesd, as fully and freely as if no such Patent had beene graunted; Given under my hand and Seale at ffort James in New Yorke, on the Island of Manhatans, the Eighth day of October, in the Eighteenth yeare of the Raigne of Our Soveraigne Lord, Charles the Second, by the grace of God, of England, Scotland, ffrance, and Ireland, King, Defender of the ffaith &c, And in the yeare of Our Lord God 1666. RICHARD NICOLLS. 434 Colonial Charters TNo. xxv] B. Dongan Patent for Nepperhaem 3 THIS following Pattent Recorded for John Delavall &c the 19 th Day of ffebruary 1684/5 THOMAS DONGAN Liev* and Governour and Vice Admirall under his Roy 11 High ss JAMES Duke of Yorke &c of New Yorke and Dependencyes in America To all to whom these Presents shall come GREETING WHEREAS the Right Hono ble Richard Nicolls Esq r Leiv* and Govern 1 " under his said Roy 11 High ss Did by Certaine writeing or Pattent under his Hand and Scale of this Province Bearing Date the eighth Day of October 1666 Give and Grant unto Hugh Oneale and Mary his Wife the widdow and Relict of Adrian Vanderdonck A certaine Tract or Parcell of Land within this Province lyeing and being upon the Maine heretofore Purchased by the said Adrian Vander- donck of the Indians Scituated lyeing and being on the East side of Hudsons River Bounded to the Northward by A Rivolett Called by the Indians Maccackasin soe runing Southward to Nippirham from thence to the kill Shorah- kahpock and then to Pappiniman which is the Southermost Bounds then to Goe Crosse the Country to the Eastward by that w ch is Commonly knowne by the name of Bronckhis River and Land To have and to hold the same unto the said Hugh Oneale and Mary his Wife their Heires and Assignes forever As by the said Pattent or Writeing refer- ence being thereunto had may more att Large Appeare which said Tract or Parcell of Land was afterward by meane Assurance Conveyed and transported by the said 3 This charter has been carefully compared with the original engrossed record in Books of Patents, V-B:38, at present on deposit in the Manuscript Division of the N. Y. State Library at Albany, and, as far as typography will allow, is a verbatim et literatim et punctuatim copy. [No. xxv] Grants 435 Hugh Oneale and Mary his Wife unto Elyas Doughty of Long Island and afterward by meane Assurance Conveyed and transferred by the said Elias Doughty unto Thomas Delavall of New Yorke Esq 1 " ffred: Phillips of the same Place Merchant and Thomas Lewis of the same Marriner by Virtue whereof the said Thomas Delavall, ffred: Phillips and Thomas Lewis became possest and now are in Pos- session of all the afore recited Tract or Parcell of Land and have made Greate Improvem ts thereon by Building of Houses Barnes Mills and Mill Dams NOW KNOW YEE that I the said Tho: Dongan by Virtue of the Power and Authority by his said Roy 11 High ss Lord Proprietor of this Province unto me Given and in Consideracon of the Premissess and Likewise of the Quitt Rent herein after Reserved and Expressed have Given Granted Ratified and Confirmed and by these Presents Doe Give Grant Ratifie and Confirme unto John Delavall Sonne and Heire of the said Thomas Delavall, ffred: Phillips and Geesie the widdow and Relict of the said Thomas Lewis their Heires and Assignes all the aforesaid Tract or Parcell of Land Begining att A small Rivolett knowne and Called by the Indians Mackacasin from thence into the woods Dew Easte by a Greate Rock Stone And a Line of marked Trees to Bronckhis River and y n by s d River fouer Mile and Somthing more to a marked White Oake tree upon the Midle of A Greate ledge of Rocks which is the North east Corner of the Land of Francis ffrench and Company or the Mile Square formerly Sould out of the foresaid Pattent then by the said Land West thirty five Degrees Northerly one Mile or Eighty Chaine then South thirty two Degrees Westerly by a Line of marked Trees one Mile or Eighty Chaines from thence East thirty five Degrees Southerly to Bronckhis River to a marked Tree which is the South East Corner of the Mile Square (Excepted out of the aforesaid Pattent) from thence by Bronckhis River Eighty nine Chaines to a marked Tree w ch is the North East Corner 436 Colonial Charters [No. xxv] of the Purchase of W m Betts & Geo: Tippitts & y n by a Line of Marked Trees due West forty Chaines to the marked Tree on South East Corner of the Purchase of John Heddy then dew North thirty fouer Chaines from thence dew West by their Purchase ninety Chaines to the North West Corner of the three hundred Acres then dew South sixteen Chaines to the North East Corner of the twenty Acres Purchase of John Heddy then by the said Land West twelve Chaines to the North west Corner then by the Side of the Hill South Eighteen Chaines to the Land of W m Betts and George Tippitts from thence by a Line of Marked Trees Dew West Seventy nine Chaines to a White Oake Tree Standing on the Banck of Hudsons River to the South of dogg wood brooke Sixteen Chaines and a halfe and then Northerly by Hudsons River to Nappeckamah which is now the Younkers Mill and soe Continew by Hudsons River to the first small Rivolett Maccak-asin the whole being Bounded to the North with a Line of Marked Trees and a Great Rock Stone to the East by Bronckhis River and the Land of ffrancis ffrench & Company to the South by the Land of ffrancis ffrench to the South by the Land of W m Betts, George Tippitts and John Heddy to the West by Hudsons River Containeing in all Seven thousand seaven hund d and Eighty Acres, togather with all and Singuler the Messuages, Tennem ts Buildings Barnes, Stables, Orchards, Gardens, Pastures, Meadows, Mills Milldams Runns, Streams, Ponds, Rivers, Brooks, Woods, underwoods, Trees Timber ffencing Fishing, Fowl- ing, Hunting, Hawking, Libertyes, Privilidges, Hereditam ts and Improvem ts whatsoever belonging or in any wise Appurteineing or Accepted Reputed taken or knowne or used Occupied or Enjoyed as Parte Parcell or Member thereof with their and every of their Appurtennces TO HAVE AND TO HOLD the said Tract or Parcell of Land Messuages, Tennem ts Buildings, Orchards, Gardens and all and Singuler other the Premissess herein before [No. xxv] Grants 437 mentioned and by these Presents meant menconed or Intended to be Given Granted Ratified and Confirmed with their and every of their Rights members and Appurtennces unto the said John Delavall fired: Phillips and Gessie Lewis their Heires and Assignes forever to be holden of his said Roy" High ss his Heires and Successors in free and Common Soccage according to the tenure of East Gren- wich in the County of Kent in his Ma ties Kingdome of Eng- land YEILDING therefore and paying Yearly and every Yeare in liew and Stead of all Services and Demands what- soever as a Quitt Rent to his said Roy 11 Highn ss his said Heires & Successors (if Demanded) Six Bushells of Good Winter Wheate, And for the better Preserving the Title of the recited Track and Parcell of Land and Premissess and every of them I have Caused these Presents to be Entred in the Secretaryes Office of this Province, GIVEN under my Hand and Sealed with the Seale of the Province in N: Yorke this 19 th Day of February in the thirty Seventh Yeare of his Maj tis Reigne An Don 1684/5 THO: DONGAN C. Royal Charter for the Manor of Philipseborough 4 Recorded for ffredrick Phillips Esq r WILLIAM & MARY by the grace of God King & queen of England Scotland ffrance & Ireland defenders of the ffaith &c r To all to whome these presents Shall come Greeting WHEREAS, the Hon ble Rich d Nicolls Esq 1 " Late Governo 1 " of o r Evince of New Yorke &c r by a certain deed or Pattent Sealed with o r Seale bear- ing date the Eight day of Octob r in the Year of o r Lord 4 This charter has been carefully compared with the original engrossed record in Books of Patents, VI 1409, at present on deposit in the Manuscript Division of the N. Y. State Library at Albany, and, as far as typography will allow, is a verbatim et literatim et punctuatim copy. 438 Colonial Charters [No. xxv] 1666, ^suant to the authority in him then resideing', did give and grant unto Hugh Oneall & Mary his wife their heires & assignes, all that Tract of Land upon the main' bounded to the north by a Rivolett called by the Indian's Macakassin Soe runing Southward Nipporhan from thence to the kill Shorack, Happock, & to Paparin- nomo, which is the Southermost bound's than to goe Cross the Country to the Eastward by that which is commonly known' by the Name Bronk'ss River togeather with all the woods Marshes meadow's Pastures water Lakes Creek's Rivolett's ffishings, hunting & fowlings, & all other *MY~.j m .s /,,/,/,„ Mt.^. g-'Sf)./^, y t/ * //,;*„/ /'i /77 rii'r '. . , Jsr/// r/ /rti/// /////, MAP OF THE TOWN OF BROOKLAND Prepared by Henry Bcddell. Surveyor. D.iled 1-97. (Original in color). Original size 19" \ 1 5". [No. xxvi] Grants 455 No. XXVI. TOWN OF BROOKLYN. A. Ordinance 1 Of the Director and Council at New Netherland establish- ing a Court of Justice in Breuckelen. Passed June 12, 1646. We, William Kieft, Director General, and the Council residing in New Netherland, on behalf of the High and Mighty Lords States General of the united Netherlands, His Highness of Orange, and the Hon b,e Directors of the General Incorporated West India Company. To all those who shall see these presents or hear them read, Greeting. Whereas Jan Eversen Bout and Huyck Aertsen from Rossum were on the 21 May last unanimously chosen by the proprietors (geintresseerde) of Breuckelen, situate on Long Island, as Schepens to decide all questions which may rise, as they shall deem proper, according to the Exemptions of New Netherland granted to particular Colonies, which election is subscribed by them, with express stipulation that, if any one refuses to submit in the premises aforesaid to the above mentioned Jan Eversen and Huyck Aertsen, he shall forfeit the right which he claims to land in the allotment of Breukelen, And in order that every thing may be done with more authority, We, the Director and Council aforesaid have, therefore, authorized and appointed, and do hereby authorize the said Jan Eversen and Huyck Aertsen to be Schepens of Breuckelen, and in case Jan Eversen and Huyck 1 The original record of this ordinance in Dutch is in N. Y. Col. MSS., IV:259, in the N. Y. State Library. The copy set forth herein is reproduced from a translation by E. B. O'Callaghan printed in his L. & Ord. N Neth., p. 58. 456 Colonial Charters [No. xxvi] Aertsen do hereafter find the labor too onerous, they shall be at liberty to select two more from among the Inhabitants of Breuckelen to adjoin them to themselves. We charge and command every inhabitant of Breuckelen to acknowl- edge and respect the abovementioned Jan Eversen and Huyck Aertsen as their Schepens, and if any one shall be found to exhibit contumaciousness towards them, he shall forfeit his share as above stated. Thus done in Council in Fort Amsterdam in New Nether- land. B. Nicolls Charter for Brooklyn 2 RICHARD NICOLLS ESQ. Governour Generall, [SEAL] under his Royall Highnesse, James Duke of Yorke and Albany &c of all his Territoryes in America ; To all to whom these presents shall come, sendeth Greeting: WHEREAS there is a certaine Towne within this Government, Scituate, lying and being, in the west Riding of Yorkshire, upon Long Island, Commonly called and knowne by the name of Brueckelen; Which said Towne, is now in the Tenure or occupation, of severall Freeholders and Inhabitants, who having heretofore beene Seated there by Authority, have beene at very considerable Charge, in manuring and Plant- ing a considerable part of the Lands belonging there unto, and settled a competent Number of ffamilyes there upon: NOW for a Confirmation unto the said ffreeholders and Inhabitants, in their Possession and Enjoyment of the premisses, KNOW YEE, That by vertue of the Commission and Authority unto mee given by his Royall Highnesse, I have, given, Ratifyed, Confirmed and graunted, And by these presents, do give, Ratify, Confirme and graunt, unto Jan Everts, Jan Damen, Albert Cornelissen, Paulus Ver- 2 This charter has been carefully compared with a photostat of the original which is in the Huntington Library at San Marino, California, and, as far as typography will allow, is a 'verbatim et literatim ct punctuatim copy. [No. xxvi] Grants 457 beeck, Michell Eneyle, Thomas Lamberts, Teunis Gysberts Bogart, and Joris Jacobsen, as Patentees, for and on the behalfe of themselves and theire Associates, the Freeholders and Inhabitants of the said Towne, their Heires, Succes- sours and Assignes, All that Tract, together with the severall Parcells of Land, which already have, or hereafter shall be Purchased or procured, for and on the behalfe of the said Towne, whether from the Native Indyan Proprieto rs or others, within the Bounds and Limitts hereafter sett forth and expres't, (vizt) That is to say, The said Towne is Bounded westward on the farther side of the Land of M r Paulus Verbeeck, from whence stretching South East, they go over the Hills, and so Eastward along by the said Hills, to a South East Point, which takes in all the Lotts behinde the Swamp, from which said Lotts they run North- west to the River, 3 and extend to the ffarme on t'other side of the Hill, heretofore belonging to Hans Hansen, over against the Kecke or Looke out, Including within the said Bounds and Limitts, all the Lotts and Plantations, lying and being at the Gouwanes, Bedford, Wallebocht and the fferry. All which said Parcells and Tract of Land, and premisses, w th in the Bounds and Limitts aforementioned described, and all or any Plantation or Plantations thereupon, from hence forth are to bee, appertaine and belong, to the said Towne of Breucklen, Together with all Havens, Harbo rs , Creekes, Quarryes, woodland, Meadow Ground, Reed Land or valley of all sorts Pastures, Marshes, Runs, Rivers, Lakes, ffishing Hawking, Hunting and ffowling, And all other proffitts, Commodities, Emoluments and heredita- ments, to the said Lands and premisses, within the Bounds and Limitts sett forth, belonging or in any wise appertain- 3 "According to the New York doctrine, this boundary of the town can only be correct when the tide is flood, for when the water is low, the town is bounded by property belonging to the Corporation of the City of New York, and not by the River." (Furman's, Notes on Brooklyn.) The reason for this is because New York City claimed to "high water marke" on the Brooklyn shore by virtue of the Cornbury Charter (pg. 243 supra.) 458 Colonial Charters TNo. xxvi] ing, And with all, to have freedome of Commonage, for Range and feed of Cattle and Hores, into the woods, as well without as within their Bounds and Limitts, with the rest of their Neighbo rs , 4 As also, one third part of a cer- taine Neck of Meadow Ground or valley, called Sellers Neck lying and being within the Limitts of the Towne of Jamaica, Porchased by the said Towne of Jamaica, from the Indyans, and sold by them, unto the Inhabitants of Breucklen aforesaid as it hath been lately laid out, and divided by their mutuall consent, and my order, where unto, and from which, they are likewise to have free Egresse and Regresse, as their occasions shall require. TO HAVE AND TO HOLD, all and singular the said Tract and Parcells of Land, Meadow Ground or valley, Commonage, Hereditaments and premisses, with their and every of their Appurtenances, and of every part and parcell thereof to the said Patentees and their Associates, their Heires, Suc- cessor and Assignes, to the proper use and behoofe of the said Patentees and their Associates, their heires, Successo" and Assignes for ever. MOREOVER, I do hereby, give, Ratify, Confirme and grant to unto the said Patentees and their Associates, their Heires, Successo rs and Assignes, All y e Rights and Priviledges, belonging to a Towne within this Government, and that the place of their present Habitation, shall continue and retaine the name of Breuckelen, by which name and Stile it shall bee distinguished and knowne, in all Bargaines said Patentees shall make for and on behalfe of themselves and their Associates, their Heires, Successo rs and Assignes, Rendering and Paying such Dutyes and Acknowledgments, as now are, or hereafter shall bee, Con- stituted and Establish't, by the Lawes of this Government, under the obedience of his Royall Highnesse, his Heires and Successo rs GIVEN under my hand and Seale at ffort James 4 This town enjoyed this privilege in common with other towns on Long Island, and their cattle which ran at large were marked with the letter "N." (Furman's, Notes on Brooklyn.) [No. xxvi] Grants 459 in New Yorke, on the Island of Manhattan the 18 th day of October, in the nineteenth yeare of the Reign of our Sover- aigne Lord CHARLES y e SECOND, by the Grace of God of England, Scotland, ffrance and Ireland, King, Defender of the ffaith &c, Annoqj Domini 1667. Richard: Nicolls. Recorded by order of the Governo r the day and yeare above written Matthias: Nicolls, Seer. B/ Breueklen Pattent./ 5 RICHARD NICOLLS ESQ R . GOVERN* &c WHEREAS there is a certaine Towne w th in this Governm 1 scituate lyeing & being in y e west Ryding of Yorkshire upon Long Island, comonly called or knowne by y e name of Breueklen, w ch said Towne is now in y e tenure or occupation of severall Freeholders & Inhabitants who haveing hereto- fore beeme seated there by authority & likewise made Pur- chase of parte of y e Lands thereunto belonging have also improved a Considerable proportion thereof & setled a Comptent number of Familyes thereupon, Now for a Con- firmation unto y e said Freehold" & Inhabitants in their pos- sesion & enjoym* of y e p r misses KNOW YEE That by vertue of y e Comission & Authority unto me given &c I HAVE given Ratifyed confirmed & graunted, & by theise p r sents Doe give Ratifye Confirme & graunt unto [ Blank ] 6 as Patentees for & on y e behalf e of themselves & their Associates y e Freeholders & Inhabitants 6 This patent has been inserted to show the diference between the original and recorded copy in Albany. The within has been carefully compared with the copy on record in the office of the Secretary of State at Albany in Books of Patents, IV -.51. 6 The names are left blank in this copy but are shown in the original copy in the Huntington Library. It is probably due to carelessness on the part of the recording clerk at the time he was preparing the engrossed record. 460 Colonial Charters TNo. xxvi] of y e said Towne their heires Successo rs & Assignes, ALL that Tract togeth r w th y e severall parcells of Land w ch already have or hereaff shall be purchased or procured for & on y e behalfe of y e said Towne wheth r from y e native Indian Proprietors of oth rs w th in y e bounds & Lymitts here- aft r sett forth & Exprest (vizt) That is to say their said bounds beginning westward on y e further syde of y e Land of M r Paulus Verbeeck from whence stretching South East they goe over y e Hills & so Eastward along by y e said Hills a South East point w ch takes in all y e Lotts behynde y e Swamp, from w ch said Lotts they run North west to y e Ryver & Extend to y e Farme on t'oth r syde of y e Kill here- tofore belonging to Llans Hansen over against y e Keck or Look out, including w th in y e said Bounds & Lymitts all y e Lotts & Plantations lyeing & being at y e Gouwanes, Bedford, Wallebocht & y e Ferry All w ch said Tract & parcell of Land & p r misses w th in y e bounds & lymitts aforemenconed de- scribed & all or any Plantation or Plantations thereupon from henceforth are to be appertaine & belonge to y e said Towne of Breucklen, Togeth r w th all Havens Harbours, Creekes Quarryes, Woodlands, meadow ground, Reed land, or valley of all sortes, pastures, marshes, waters, Ryvers, Lak[es],* Fishing, Hawking, hunting & Fowling, & all oth r poffitts Commodityes Emolum ts & Hereditam ts to y e said Lands & p r misses w th in y e said bounds & lymitts sett forth belonging or in any wise apperteyning, w th all to have free- dom of Cofhonage for Range & feed of Cattle & horses into y e woods as well w th out as w th in their bounds & lymitts w th y e rest of their Neighbours As also one Third parte of a certaine Neck of meadow ground or valley called Sellers Neck lyeing & being w th in y e lymitts of y e Towne of Jamaica purchased by y e said Towne of Jamaica from y e Indians & sold by them Unto y e Inhabitants of y e Towne of Breucklen aforesaid as it hath beene lately layd out & divided by their * The letters in brackets are obliterated in the original and have been filled in by the editor. "■'•■">% i . ., .' ..■ i . "'. iKn.-KUt, ti(t,if*u£tu£i 5" L /0£7, '£jirJi...D vy... /tutCWlsh* &.£,.//. ..." ' . . ■ t!tu-i£fdi ■ «■■. ■JU*i>ftr''.J .1- iU,„ : ' ^ i ... ./ rv«. .. J*. tt ■ ■ ... DRAUG1 i RATING HOW Till TOWNS OF NEW TOWN, BROOKLAND AND BOSWICK INT] RFERE |anuai? .), 1694. (Origiiul on parchment in color). Original [No. xxvi] Grants 461 mutuall consent & my Ord r whereunto & from w ch they are likewise to have free Egress & Regresse as their Occasions shall require TO HAVE & TO HOULD all & singueler y e said Tract & parcells of Land meadow ground or valley Comonage Hereditm ts & p r misses w th their & every of their appurtenances & of every parte & parcell thereof &c. The Pattent is dated y e 18 th of October 1667./ C. Dongan Charter for Brooklyn. 7 Recorded for the Inhabitants of Brewkleen THOMAS : DONGAN Leiu 4 Governor and Vice Admirall of New Yorke and its Dependencies under his Majesty James the Second by the Grace of God of England, Scott- land, ffrance and Ireland, King Defender of the faith &c Supreame Lord and Proprietor of the Colony and Province of New Yorke and its Dependencies in America &c To all to whome this shall Come SENDETH GREETING Whereas the Honorable Richard Nicolls Esq r formerly Governor of this Province Did by his Certaine Writeing or Pattent from under his hand and Seale bearing Date the Eighteenth Day of October Annoq : Domini One Thousand Six Hundred Sixty Seven Rattifie, Confirme and grant unto John Everts Jan Daman, Albert Cornelisen, Paulus Ver- beeck, Michiell Eneyle, Thomas Lamberts, Teuins Gisberts' Bogart, and Joris Jacobson, as Pattentees for and on the Behalfe of themselves and theire Associates the ffree- holders, and Inhabitants of the Towne of Breucklen theire heires Successors, and Assignes for Ever, a Certaine Tract of Land, together with the Severall Parcells of Land which 7 This charter has been carefully compared with the original engrossed record in Books of Patents, VB436, at present on deposit in the Manuscript Division of the N. Y. State Library at Albany, and, as far as typography will allow, is a 'verbatim et literatim ct punctuatim copy. 462 Colonial Charters [No. xxvi] then were or hereafter should be Purchased or Procured for and on the behalfe of the said Towne whether from the Native Indian Proprietors or Others within the bounds and Limitts therein Sett forth and Exprest, that is to Say the said Towne is Bounded Westward on the further side of the Land of M r Paulus Verbeeck, from Whence Stretching South East they goe over the hills and soe Eastward along by the said Hills to a South East Pointe which Takes in all the Lotts behinde the Swamp from which said Lotts, they Run North West to the River and Extend to the farme on the other side of the Kill heretofore belonging to Hanse Hansen over against the Kecke or Looke out Includeing within the said bounds and Limitts, all the Lotts and Plantacons Lyeing and being at the Gauwanes, Bedford, Wallebocht, and the ferry ALL which said Parcells, and Tract of Land, and Premisses within the bounds and Limitts, aforemenconed, Discribed and all or any Plantacon or Plantacons thereupon from henceforth are to be apper- taine and belong to the said Towne of Breuckleen together with all Harbours havens, Creekes, Quaryes, wood Land Meadow, ground, Reed Land, or Vally of all Sorts Pas- tures, marshes, waters, Rivers, Lakes, fishing, Hawking, Hunting, and fowling, and all other ProfKtss Corhodityes Emoluments, and Heriditaments, to the said Lands and Premisses, within the bounds and Limitts sett forth belong- ing or in any wise Appurtaineing AND withall to have freedome of Comonage for Range and feede of Cattle and Horses into the woods with the Rest of theire Neighbours, As alsoe one third Parte of A Certaine Neck of Meadow ground or Vally Called Sellars Neck Lyeing and being within the Limitts of the Towne of Jamaica Purchased by the said Towne of Jamaica from the Indians and Sold by them unto the Inhabitants of Breuckleen, aforesaid as it was Laid out aforesaid, and Divided by their mutuall Consent and order of the Governor TO HAVE AND TO HOLD [No. xxvi] Grants 463 unto them the said pattentees and theire Associates theire heires Successors and Assignes for Ever AS by the said Pattent Refference being thereunto had Doth fully and att Large appeare AND further in and by the said Pattent the said Governor Richard Nicolls Esq r did Erect the said Tract of Land into a Towneshipp by the name of Breuck- leen aforesaid by that name and Stile to be Distinguished and knowne in all bargaines, sales, Deeds, Records and writeings whatsoever, AND whereas the Present Inhabit- ants and ffreeholders of the towne of Breuckleen aforesaid have made their Applycacon to mee for a Confirmacon of the aforecited Tract of Land and Premissess in theire Quiett and Peaceable Possession and Enjoyment of the aforesaid Land and Premissess KNOW KNOW YEE that I the said Thomas Dongan by Virtue of the Commission and Authority Derived unto mee and Power in mee Reside- ing have granted Rattified and Confirmed and by these Presents doe grant Rattifie and Confirme, unto Theunis Gisberts, Thomas Lamberts Peter Jansen Jacobus Vande- water, Jan Dame, Jooris Jacobs Jeronnins Rappalle Daniell Rappalle, Jan Johnson Adrian Bennett and Michaell Hanse, for and on the behalfe of themselves and the Rest of the Present ffreeholders and Inhabitants of the said Towne of Breuckleen theire heires and assignes for Ever, all and Singular the aforerecited tract and Parcells of Land Sett forth Limitted and bounded as aforesaid togather with all and Singular the houses, messuages, Tennements, ffencings buildings Gardens, Orchards, Trees, Woods, Underwoods, Pastures, ffeedings, Cornon of Pasture, Meadows, Marshes, Lakes, Ponds, Creeks, harbours, Rivers, Rivoletts, brookes, streams, highwayes and Easements, Whatsoever belonging or in Any wise Appurtaineing to any of the aforerecited Tract or Parcells of Land, and Divissions, Allottments, Settlements made and Appropriated before the Day and the Date hereof TO HAVE AND TO HOLD all and Singular 464 Colonial Charters [No. xxvi] the said Tract or Parcells of Land and Premissess with theire and Every of theire Appurtenrices unto the said Teunis Gysberts, Thomas Lamberts, Peter Jansen Jacobus Vandewater, Jooris Jacobs Jeronnimus Rappalle, Daniell Rappalle Jan Jansen Adrian Bennitt, and Michaell Hanse for and on the behalfe of themselves and the Present, ffree- holders and Inhabitants of the Towne of Breuckleen, theire and Every of theire heires and assignes for Ever, as Tennants in Corhon without any Lett Hindrance Molestacon Right of Survivorshipp or Otherwise TO BEE HOLDEN in free and Comon Soccage According to the Tenure of East Grenwich in the County of Kent in his Majesties King- dome of England YEILDING Rendring and Payeing there- fore yearely and Every yeare on the five and twentyth Day of March for Ever in Liew of all Services and Demands whatsoever as a quitt Rent to his most Sacred Majesty aforesaid his heires and successors, att the Citty of New Yorke twenty bushells of good winter merchantable wheate, IN TESTIMONY whereof I have Caused these Presents to be entered and recorded in the Secretaryes office and the seale of the Province to bee hereunto Affixed this 13th Day of May Anno: Dom 1686 and in the Second yeare of his Majesties Reigne THOMAS: DONGAN May it Please your Honor The Attorney Generall hath Perused this Pattent and finds nothing Contained therein Prejudiciall to his Majesties Interest Exam. May 10th: 1686 Ja : Graham _ fc£g^ <£+a£!SfUfi& *y"*£ 1 ^% ^•'■'-'^'"r "•*"'■'■' " * * "' "-*> •'-—< c-~*r -. J MAP SHOWING Ml! LINES WD BOUNDS 01 nil TOWN OF BL'SHWICK, KIN< Prepared b) Pictcr Corlclyou. Dated December 2. 1706. (Original in color). O IL'NT' 1 1 1°. [No. xxvii] Grants 465 No. XXVII. TOWN OF BUSHWICK. A. Nicolls Patent for Bushwick. 1 Boswyck Pattent./ To Runne as y e Pattent for Flatt bush doth both at y e beginning and y e end & Their bounds (vizt) That is to say, The said Towne is bounded w th y e Mouth of a certaine Creek or Kill comonly called Mespath Kills right over against the Domines Hook, so their bounds goe to David Jochems Hook then striking upon a South East Lyne alongst y e said Kill they come to Smiths Island including y e same Togeth r w th all y e meadow ground or valley thereunto belonging & continueing y e same Course they Passe alonge by y e fence at y e woods syde so to Thomas Wandalls meadowe from whence stretching upon a South East & by South lyne alongst y e wood lands to y e Kill takeing in y e Meadow or valley lyeing there they passe on to y e Land heretofore belonging to Ryck Leedecker deceased & so stretch againe neare upon a South East & by South Lyne six hundred Rod into y e woods then Running behynde y e Lotts as y e Wood land lyes South west & by South & out of y e said woods they goe againe northwest to a certaine small swamp from thence they run behynde y e new Lotts to Jan y e Swedes meadow soe along by a small Kill or Creek to a Corner or Hook of Jan Cornelissens meadow Then over y e Normans, Kill to y e west end of his old house, from whence 1 This patent has been carefully compared with the original engrossed record in Books of Patents, IV 153, at present on deposit in the Manuscript Division of the N. Y. State Library at Albany, and, as far as typography will allow, is a verbatim et literatim et punctuatim copy. The document seems to be only an abstract of the original, giving the boundaries and stating that the patent is to be similar to that issued to Flatbush. A search has been made for the original patent but it cannot be located and is either lost or in private hands. 466 Colonial Charters [No. xxvii] they goe alongst y e Ryver till you come to y e mouth of Mis- path Kills & David Jochems Hook aforementioned where they first began & The Patent is dated October y e 25 th 1667./ B. Dongan Patent for Bushwick. 2 Recorded for the Inhabitants of the Towne of Boswick. THOMAS DONGAN Cap 4 Generall Governour in Cheife & vice Admirall in & over the Province of New Yorke & territoryes Depending thereon in America under his Ma tie James the Second by the Grace of God of England Scottland ffrance & Ireland King Defendor of the faith &c. To all all whom these Presents Shall Come SENDETH GREETING WHEREAS Richard Nicolls Esq r Governour Gen 11 under his Roy H High ss James Duke of Yorke & Albany now his Present Majesty of all his territoryes in America hath by pattent under his hand & Seale bearing date the twenty fifth Day of October 1667 Given Granted Ratified & Confirmed unto Peter Johnson Dirick Norman paulus Richards David Yeokins & Long Gisbert as pattentees for & on behalfe of themselves & their Associates the ffree- holders & Inhabitants of A certaine towne scituate lyeing & being in the west Rideing of York shire now kings county upon Long Island commonly Called & knowne by the name of BOSWICK which said Towne was & now is in the tenure & Occupacon of severall ffreeholders & Inhabitants who were seated by Authority & have been att considerable Charge in manureing & Planting A considerable parte of the lands belonging thereunto & settled a competent Num- ber of familyes thereupon which said Towne Contains All that tract together with the Severall parcells of Land which 2 This patent has been carefully compared with the original engrossed record in Books of Patents, VI 1146, at present on deposit in the Manuscript Division of the N. Y. State Library at Albany, and, as far as typography will allow, is a verbatim et literatim et punctuatim copy. [No. xxvii] Grants 467 Already have or hereafter Shall bee purchased or procured for & on the behalfe of the said Towne whether from the native indian proprietors or others within the limitts & bounds hereafter sett forth & Exprest viz 1 that is to say the said Towne is bounded with the mouth of A certaine creek or kill Comonly called Maspeth kills right over against the Dominees Hook so y r bounds go to David Yeokims hook then stretching upon A South east line alongst the said kill they Come to smiths Island includeing the same together with all the meadow ground or Valley thereunto belonging & Continueing the same course they passe along by the fence att the wood side so to Thomas Wondalls meadows from whence Stretching upon a south east & by south line Alongst the wood & to the kill takeing in the meadow or Valley lyeing there they pass into the land heretofore belonging to Ryck Locdecker Deceased & soe stretch againe neare upon a south east & by south line six hundred Rodd into the woods then runing behind the lotts as the woodland lyes south west & by south & out of the said woods they goe Againe north west to a certaine small swamp from thence they runn behind the new lotts to Jeane the sweeds meadow so Along by A small kill or creek to a corner or hook of Jan Cornelissens meadow then over the norman kill to the west end of his old house from whence they go Alongst the River till You come to the mouth of Maspeth kills & David Yeoakins hook Aforemenconed where they first begunn ALL which said tract & parcells of land Meadow Ground & Premissess within the bounds & limitts before menconed Discribed & all or any plantacon or Plantacons thereupon from henceforth to be appurtaine & belong to the said towne of Boswick together with all Havens harbors Creeks Quarries wood land and meadow ground Reed land or Valley of all sorts Pastures Marshes waters Rivers Lakes fishing hawking hunting & fowleing & all other profBtts Commodityes Emoluments & hereditam ts to the said Lands & Premissess within the Bounds & limitts 468 Colonial Charters [No. xxvii] Sett forth belonging or in any wise Appurtaineing & Also freedom of Comonage for Range & feed of cattle & horses into the woods as well without as within their Bounds & limitts with the Rest of their Neighbours TO have & to hold All & Singular the said tract Parcells of Land Comon- age Hereditaments & premissess with their & every of their Appurtennces & of every parte & parcell thereof to the said Pattentees & their Associates their heires Successors & Assignes for ever AND moreover the said Richard Nicolls Governo 1 " Generall as Aforesaid Did further give grant ratifie & confirme unto the said Pattentees & their Associates their heires Successors & Assignes All the rights & Privi- lidges belonging to A towne within this Governm* & that the place of their present habitacon Shall continue & Retaine the Name of Bosswick by which name or title it shall be Distingueshed & knowne in all bargaines & Sailes deeds writeings & Records they the said Pattentees & Associates their heires successors & Assignes Rendring & paying Such Dutyes & Acknowledgm ts as now are or hereafter shall bee Constituted & established by the laws of this Governm* under the obedience of his Royll High ss now his Present Majesty his heires & successors as Doth more Perticulerly Appeare by said pattent Recorded in the Secretaryes Office Relacon being thereunto had AND whereas upon A Differ- ence Arriseing between the Inhabitants of new towne & the inhabitants of the said towne of Boswick Aforesaid concern- ing the limits & bounds of their Respective townes upon Applycacon made to Francis Lovelace late Governour of this Province under his Royall High ss now his Present Majesty Did order Appoint and Commissionate Thomas Delavall Matthias Nicolls James Hubbard Jacques Cour- tilian Elbert Elbertsen Elias Doughty to view & inspect the limitts of their Respective townes & to indeavor a Com- posure & putt a period to their Controversy which said Commissioners haveing been upon the place & heard & Examined the matter on each side Did further request & [No. xxvii] Grants 469 desire & Consent of Persons Deputed by the Inhabitants of each towne Did upon due consideracon of the premissess & to the end no further Dispute or difference may bee between the two townes & for the future that they may live in neighbourly ffriend shipp did conclude & Determine that there should be A finall end of said Difference & adjudge that all the valley or meadow ground on the westermost side of the creek of maspeth kills shall be & belong to the Inhabitants of Boswick that is to say from the mouth of the said creek to run through & parte the meadow ground or valley About the Middle so to go on in the westerne branch of the said Creek to A certaine pond into which the Creek runs Called Seadders pond neare whereunto the fence of Hendrick Barent Smith now stands & that smiths Island comonly so Called & all the valley or meadow ground on the east side of the creek Adjoyning or Contigous to the said Island shall bee & Remaine to the inhabitants of Mas- peth kills or Newtowne All though expressly mentcned in the pattent of Bosswick for that it seems more properly to be within the limitts of Newtowne in Consideracon whereof & in Lieu of Six hundred Rodd menconed in their pattent to Runn into the woods upon a south east & by south line as Also for an enlargement of their bounds as to the upland of which they have Occasion the Inhabitants of Boswick Shall have & Enjoye all the Land whether upland or Other begining from the ffence aforemenconed neare Scudders pond to run upon a South South east line till it comes to the hills that is to say all the Land in the Westerne side thereof including the plantacon both upland & meadow Ground belonging to the said Hendrick Barent Smith within the Limitts of their said towne or soe much thereof as Shall be within the line afores d & that the said Hendrick be A member of said towne as by Returne of said Commissioners under their Hands bearing date the twenty eighth day of June 1672 & the Confirmacon of the same under the hand of the then Governo r Francis Lovelace Recorded in the 470 Colonial Charters [No. xxvii] Secretaryes office relacon being thereto had may more fully & att Large Appeare AND whereas att a Councill held att New Yorke before me upon the twenty eighth Aprill 1684 severalls deputed from the townes of Boswjck & New towne Produced their Pattents & Papers relateing to what was Done by Governour Lovelace & Governour Niccolls & like- wise the Arbitracon made by the Commissioners Aforesaid which with the Advice of my Councill I thought fitt to approve as by order of Councill Recorded in the Secretaryes office relacon being thereunto had may more ffully & att large Appeare the whole as now possessed beginning from Scudders pond next to the fence of Hendrick Barent Smith & stretching with a south South east line to the mountaine or hills & so Along the said hills About three hundred rodd aboutting to the Limitts of Brookland begining againe from the hills with A north west line to a nutt tree markt & standing in the small bushes & from said tree with A right line between Teunis Gisberts & Jacob Kipp to the east River & along the said River to the normans Creek & further the normans Corner & David Yoakams Corner Stretching by the east River Along to the Corner of Maespeth kills & so Along to the Depth of s d kill att Humphry Clayes & from thence to the Depth of said kill to Scudders pond over the creek to Hendrick Barent Smith Aforesaid, AND whereas Peter Janselert Charles Fountaine Volcker Dirckson Peter Bratt Jacob Direkson Joost Cockuyt Jacob Jansen John Serole John Serole Senior Jacob Kipp Senior Veuter Ver- scurson John Lequire Cornelis Johnson Peter Johnson Loy Charles Deniso Claes Cornelis Catts Jurian Hages Albert Hendricks Michal Palmenter Joost David Lawrence Cooke Henry Barent Smith Humphry Clay Peter Scam Simon Hakes Adrian Lafoce Alex Cockever Jan Janselere Volkert Dewitt the p r sent freeholders & Inhabitants of the said towne of Boswick hath made Applycacon to me for a Con- firmacon of the Premissess by Pattent under the Seale of the Province NOW KNOW YEE that for Divers good [No. .xxvii] Grants 471 Consideracons me there unto moveing & more Especially for the Greate Improvem 1 the Said Respective Inhabitants have made of the Land within the Limitts of the said Towne of Boswjck Aforesaid & also for the Quitt Rent hereafter Reserved I the said Thomas Dongan by virtue of the power & Authority to me Derived from his most Sacred Majesty Aforesaid & in pursuance of the same I have Given Granted Ratified Released & Confirmed & by these Presents Doe Give Grant Rattifie Release & Confirme unto Peter Janselert Charles Fountaine Volker Dirkson Peter Bratt Jacob Dirksen Joost Cockitt Jacob Jansen John Serole John Serole junior Jacob Kipp Senior Voulter Ver- scuersen John Lequire Cornelis Johnson Peter Johnson Loy Charles Deniso Claus Cornelius Cattis Jurian Hagell Albert Hendricks Michaell Pelmenter Jost Darie Lawrence Cook Henry Barent Smith Humphrey Clay Peter Scamp Simon Hakes Adrian Laforce Alexer Cockever Jan Canslier Volker Dewitt the present {freeholders & Inhabitants of the said towne of Boswick & their heirs Successors & Assignes All the before Recited tracts & parcells of land within the limitts & bounds Aforesaid butt more perticulerly Within the Limitts & bounds that was Adjudged and Determined by the Commissioners Appointed by Governo 1 " Lovelace which hereafter Shall for Ever bee deemed & esteemed the bounds & Limitts between the towne of New towne & Bos- wick any pattent Grant or Conveyance to the contrary hereof in any wise notwithstanding & also all & singuler the houses Messuages tennements fencings buildings Gardens Orchards trees woods underwoods pastures feedings Corhon of Pasture meadows Marshes Lakes ponds Creeks harbours Rivers Rivoletts Runns Brooks Streams highwayes ease- ments mines Mineralls Quaryes ffishing hunting hawking & fowleing (Royall mines only Excepted) and like wise all & Singuler the Allotments Divisions & Settlem ts Land & Plantacons that have been Settled & Improved by the Respective Inhabitants of the said Towne within the Limitts 472 Colonial Charters [No. xxvii] aforesaid together with all & Singuler the Rights Libertyes Privilidges hereditam ts proffitts Advantages & Appurtennces whatsoever to the said tract of land & respective Settle- ments Allottments & Divissions belonging or in any wise appurtaineing or Accepted Reputed taken knowne or Occu- pied as parte parcell or member thereof, TO HAVE & TO HOLD all & singuler the Aforerecited tract & parcell of land & premissess with y r & Every of their Appurtennces into the said Peter Janselert Charles ffountaine, Volhert Dirkson Peter Bratt Jacob Dirkson Joost Cockwitt Jacob Johnson John Serole John Serole Senior Jacob Kipp Senior Vouter Verscursen John Lequire Cornelis Johnson Peter Johnson Loy Charles Denisso Claus Cornelis Catts Jurian Hagell Albert Hendrix Michael Palmenter Joost Darie Lawrence Cooke Henry Barent Smith Humphry Clay Peter Scamp Simon Hakes Adrian Laforce Allex r Cockever Jan Canselier Volkert Dewitt {freeholders & Inhabitants of the said Towne of Bosswick their & their Respective heires & Assignes & to the only use benefitt & behoofe of them the said peter Jansenlert Charles ffountaine Volkert Diricksen Peter Bratt Jacob Diricksen Joost Cockwitt Jacob Johnson John Serole John Serole junior Jacob Kipp Senior Vowter Vurscursen John Lequire Cornelis Johnson Peter Johnson Loy Charles Dennisso Claus Cornelis Catts Jurian Hagell Albert Hendrix Michael palmenter Joost Darie Lawrence Cooke Henry Barent Smith Humphry Clay Peter Scamp Simon Hakes Adrian Leforce Alex r Cockever Jan Canselier Vokert Dewitt ffreeholders & Inhabitants of the said Towne of Boswick their & their Respective heires & Assignes for Ever, TO BEE HOLDEN of his said Majesty his heires & Successors in free & Comon soccage According to the tenure of East Grenwich in the County of Kent in his Ma tls Realme of England, YEILDING Rendring & Paying there Yearly & Every Yeare for ever on the five & twentyth Day of March at New York [ ] of good mar- chantable winter wheate in liew & in stead of all Services & /f/z/'///~ y yfayrff/vrA ^//'M///// 1 ~ ////•v f<*t/frf ,/,.„,.'/, »,*/„„>/., „r.„s,„f /<■ //,. „*i*~'/;. »;>;&** »■/""< /" 4,. .<.;»"&/ /////// sJ""'' / ' ; M W OF THE BUSHWICK TOWNSHIP I X ! 5". [No. jxxvii] Grants 473 Demands whatsoever unto Such Officer or officers as shall be Appointed to Receive the Same IN testimony whereof I have Caused these presents to be Entered upon Record in the Secretaryes office & the Seale of the Province to be here- unto Affixed this [Blank] Day of February 1687 & in the Second Yeare of his Ma tis Reigne. By E Tho : Dongan May it Please your Excellency The Attourny Gen H hath Perused this Pattent & finds nothing Contained therein Prejudiciall to his Maj tis Intrest Exam 1686 Ja Graham Att a Councell held in New Yorke the [Blank] Day of [Blank] 1686 Present his Execellency Major Brockholls Major ffredrick Phillips Major Courtlandt M r John Spragge Major Gervis Baxter, this Pattent was Approved off JS : Swinton Ck. Councill Royal Patent for Bushwick. 3 Boswick Pattent ANNE by the Grace of God of Great Brittain France & Ireland Queen Defend 1 " of the ffaith &c To all to whom these psents Shall come or may concerne Greeting WHEREAS Richard Nicolls Esq r Gov or Gen aH und r his Late Royall Highnesse James Duke of Yorke and Albany of all his Territorries in America HATH by Patent und r his hand and Seale Bearing date the Twenty fifth day of Octo r one Thousand Six hundred Sixty Seaven given granted ratified & confirmed unto Peter Jansen Derick Nor- man Paulus Richards David Yoakims & Long Gysbert as 8 This patent has been carefully compared with the original engrossed record in Books of Patents, VII 1370, at present on deposit in the Manuscript Division of the N. Y. State Library at Albany, and, as far as typography will allow, is a verbatim et literatim et punctuatim copy. 474 Colonial Charters [No. xxvii] Pattentees for and on Behalfe of themselves & their asso- ciates the freeholders and Inhabitants of a certain Town Scituate Lyeing & Being in the west Rideing of York Shire now Kings County on Long Island commonly called or knowne by the name of Boswick ALL that the Township of Boswjck afores d & all the Lands thereunto adjoining & Belonging within the Bounds and Limites herein after particularly exprest (that is to Say) Bounded with the mouth of a certain creek or kill commonly called Mespath Kills right over against Dominies Hook soe their Bounds goe to David Jochem Hook then Strikeing upon a South east Line along the said Kill they Come to Smiths Island Including the same together with all y e meadow ground or valley thereunto belonging & continueing the same course they pass along by the Fence att the wood Side so to Thomas Wandall's meadow from whence Stretching on a South east & By South Line along the wood lands to the kill takeing in the meadow or valley lyeing there they pass on to the Land heretofore Belonging to Ryck Ledecker Deced & so Stretch again neare upon a South, East and By South Line Six hundred Rodds into the woods thence running Behind the Lotts as the wood land lyes Southwest & South & out of the Said woods they goe againe Northwest to a Certain Small Swamp from whence they run Behind the new Lotts to Jan DeSweede's meadow so along by a Small kill or Creek to a Corner or Hook of Jan Cornelissens meadow then over the norman's kill to the west End of his old house from whence they goe along the River till they come to the mouth of mespath Kills & David Jochem's Hook afore- menconed where it first Begann all which Said Tract & Parcell of Land meadow ground & premisses within the Bounds and Limits beforemenconed & Described [and all]* or any plantation or plantations thereon from thenceforth to Appertain & [belong] to the Said Town of Boswick together with all havens harbour's Creeks Quary's [Wood- * Matter in brackets is illegible in original. [No. xxvii] Grants 475 land] meadow ground Reed land or valley of all sorts pastures marshes waters Rivers L[akes] Fishing hawkeing hunting & fouling and all other profitts Corhodities Emolu- me[nts and] hereditaments to the said Lands & pmisses within the Bounds & Limitts before Se[tt forth or] Belong- ing or in any wise apperteining and also freedom of Comon- age for Rang[e and] Feed of Cattle & Horses into the woods as well without as within their Bounds a[nd] Limitts with the rest of their neighbour's TO HAVE AND TO HOLD all & Singula [r] the Said Tract parcells of land Comonage hereditaments & premisses with their & every of their appurtenances and every part and parcell thereof unto the Said Pattentees and their associates their heirs Succes- sors and Assigns to y e proper use & Behoof of the Said Pattentees & their associates their heirs Successors & Assigns for ever and moreover the Said Richard NicoHs Gov r Gen 11 as afores d Did further give grant Ratifye & Confirm unto the Said Pattentees and their associates their heirs Succes- sors and assigns all the Rights & Priveledges Belonging to a Town within this Governm 1 and that the place of their then psent Habitation Should Continue and retain the name of Boswick by which name or Stile it Should be Distinguished and known in all Bargaines and Sales Deeds Writeings and Records they the Said Pattentees and Associates their heirs Successors and assigns Rendring & Paying Such Duties & acknowledgm ts as then were or then after Should Be Con- stituted & Established by the Laws of this Governm 1 under the obedience of his then Royall Highnesse his heirs and Successo" as by the said Pattent Relacon being thereunto had may more fully & att Large appear ALL which Town- ship Lands & pmisses with their appurtenances together with the Rig[hts] Liberties & Priveledges were afterwards (to witt) in the month of February [in the] year of our Lord one Thousand Six hundred Eighty and Six ratifyed a[nd] confirmed to the Freeholders and Inhabitants of the said Town of Boswick and their heirs By Thomas Dongan 476 Colonial Charters [No. xxvii] Cap* Gen H & Gov r in Cheife & vice admira[ll] in and over the Province of New Yorke and Territories Depending thereon [in] America und r our Royall Predecessor James the Second then King of Eng[land] Scotland France & Ireland as by the Said Pattent under the hand of the sa[id] Thomas Dongan and Seal of the Said Province relation Being thereunto h[ad] may more fully and att Large appear AND WHEREAS the psent Freeholders] and Inhabitants of the Said Town of Boswick by their Petition humb[ly] presented to our right trusty & welbeloved Couzin Edward Viscount Cornb[ury] our Cap 1 Gen 11 & Gov r in Chief e in and over our Province of New Yorke & Territories] Depending thereon in America & vice admirall of the Same in Councill ha[ve] Prayd our grant & confirmation of all that the Said Townshipp of Boswick a[nd] the Lands & pmisses with the appurtenances thereunto Belonging with [in] the Bounds and Limitts above Recited with all and Singular the Rig[hts] & priviledges as the Same are herein before recited to be granted by the sa[id] Gov r Nicolls unto Charles Fountaine urian Nagle Peter Praa ffrancis [Titus] John Liquiss Jochem ver Chuyer Philip volckers John miserall & auke Rey[nierse] in Trust for themselves and the rest of the Freeholders and Inhabitants of t[he] Said Town of Boswick, The which Petition wee being minded to grant KNOW [YE] that of our especiall grace certain knowledge and meer motion wee ha[ve Given] Granted Ratifyed & confirmed & in & by these psents for our Selves our heirs & Successors Doe give grant ratifye and Confirm unto the Sd Charles ffountain urian nagle Peter Praa Francis Titus John Liquiss Jochem ver Chuyer Phillip volikers John miserall & auke Reynierse all & Singular the before recited Township of Boswick & all and Singular the Tracts and parcells of Land & pmisses with their appurte- nances within the Bounds and Limitts afores d & also all & Singular the houses messuages Tenements and Plantations ffences Buildings Gardens orchards Trees woods under- [No. xxvii] Grants 477 woods pastures ffeedings comon of Pasture meadows marshes Lakes Ponds Creeks Harbours Rivers Rivoletts Runns Brooks Streams Easements mines Mineralls Quarries ffishing hunting hawking & fouling and Likewise all and singular the allottments devissions & Settlements Land and Plantations y l have been Settled & Improved by therespec- tive Inhabitants of y e Sd Town within y e Limitts afores d together with all & Singular the rights Liberties priveledges hereditaments proffitts advantages & appurts whatsoever to the Sd Tract of Land & respective Settlem ts allottm ts & Divissions Belonging or in any wise appertaining or accepted reputed taken Known or Occupyed as p 1 parcell or member thereof (Except and always reserved out of this our psent grant all Gold & Silver mines) TO HAVE & TO HOLD the Sd Townshipp & all & Singular the tract & parcells of Lands & pmisses with their & every of their appurtenances & all and Singular the Libertyes & privildges herein before recited to be granted by the Sd Gov r Nicolls unto the Said Charles ffountain Urian nagle Peter Praa ffrancis Titus John Liquiss Jocham ver Chuyer Phillip Volkers John miserall & auke Reynierse their heirs and assigns for Ever In Trust nevertheless and for the use of themselvs and the rest of the ^freeholders & Inhabitants of the Sd Town of Boswick respectively and of their Severall and respective heirs and assignes for ever according to their Severall and respective possessions rights & Interests in the Sd pmisses or any part or parcell thereof with their appurtenances (Except before Excepted) TO BE HOLDEN of us our heirs and Successors in free and Comon Soccage as of our mannor of East Greenwich in the County of Kent within our Kingdom of England YEILDING RENDRING AND PAYING therefore yearly & every year from henceforth unto us our heirs & Successors att our Custome house in the Citty of New Yorke to our Coll r or Receiv r Gen H there for the time being all or upon the ffeast-day of the Annunciation of our blessed virgin mary (Comonly called Lady Day) 478 Colonial Charters [No. xxvii] the Rent of Six Bushells of good merchantable winter wheat in Lieu & Stead of all other Rents Services Dues Duties & Demands whatsoever IN TESTIMONY whereof wee have Caused these our Letters to be made Pattents and the Seal of our Said Province of New Yorke to our Said Letters Pattents to be affixed and the Same to be Recorded in the Secretarys office of our Said Province WITTNESS our right Trusty & welbeloved Couzin Edward Visco* Cornbury Captain Generall & Governor in Chiefe in and over our Province of New Yorke afores d and Territorries Depend- ing thereon in America & vice admirall of the Same &c In Councill att our Fort att New Yorke afores d the Twelfth day of august in the Seaventh year of our Reigne Annoqj Dm 1708/ Ex r Geo:Clar[ke] ?T M l -. I ^HU I J.. , •" -- — 7 1 1 p . 1 A T ■A vS m£ -'"? < \ ,«' t ,pS f*" f* /* ..! . /Vi the y mi: Br ■ . -~S-... < t ., / ' ' ~ 9 H MAP OF THI TOWN (IF FLATBUSH, KINGS COUNTY P [crcmiah Loll. Dated Novcmbn lo, [797 (Original in color). Original size 14" x 21". [No. xxvni] Grants 479 No. XXVIII. TOWN OF FLATBUSH. A. Nicolls Patent for Flatbush. 1 [seal] RICHARD NICOLLS ESQ R Governour Generall, under his Royall Highnesse, James Duke of Yorke and Albany &c, of all his Territoryes in America; To all to whom these presents shall come, sendeth Greeting: WHEREAS there is a certaine Towne within this Government, Scituate, lying and being, in the west Riding of Yorkshire upon Long Island, commonly called and knowne by the name of Mid- dewout, Alias Flatt-Bush; Which said Towne, is now in the Tenure or occupation of the severall ffreeholders and Inhabitants, who having heretofore beene Seated there by Authority, have beene at very considerable Charge, in manuring and Planting a considerable part of the Lands belonging there unto, and settled a competent Number of ffamilyes there upon; Now for a Confirmation, unto the said ffreeholders and Inhabitants, in their possession and Enjoy- ment of y e p r misses, KNOW YEE, That by vertue of the Commission and Authority, unto mee given by his Royall Highnesse, I have given, Ratifyed, Confirmed and graunted, And by these presents, do give, Ratify, Confirme and graunt, unto M r Johannes Megapolensis, M r Cornelius van Ruyven, one of the Justices of the Peace, Adriaen Hegeman, Jan Snediger, Jan Strycker, Frans Barents Pastor, Jacob Strycker and Cornelys Jansen Bongaert, as Patentees for and on the behalfe of themselves and their Associates, the ffreehold rs and Inhabitants of the said towne, their Heires, 1 This patent has been carefully compared with the original engrossed document, which is on three sheets of paper signed by Gov. Nicolls and bears the seal intact in the left margin of the first sheet. The original is in the custody of the Commissioner of Records for Kings Co. and this is, as far as typography will allow, a 'verbatim et literatim et punctuatim copy. 480 Colonial Charters [No. xxvui] Successo rs and Assignes, All that Tract, together with the severall Parcells of Land, which already have, or here after shall bee Purchased, or procured, for and on the behalfe of the said Towne, whether from the Native Indyan Proprieto rs , or others, within the Bounds and Limitts here- after sett forth and expres't, (VIZT) That is to say, The said Towne is Bounded on the South, by the Hills, to the North by the Bounds or ffence, lately sett betweene them, & TOWNE of Amesfort, alias FLATT-LANDS, begining at a certaine Tree, standing upon the little fflatts, mark't by the order and determination of severall Arbitrato rs , appointed by mee, to view and issue the difference betweene the two Townes, concerning the same, which accordingly they did, upon the 17 th day of October 1666. And to the East and west, by the Common wood Lands, including two fflatts, heretofore called by the names of Curlers and Twillers fflatts, which lye to the East of the Towne; As also a Parcell of Meadow Ground or valley, on the East North East side of Canarisee Planting Land, and having to the South the Meadow Ground belonging to Amesford alias fflat-Bush, 2 according to the division made by an East Line, runing halfe a Point Northerly, between them, without variation of the Compasse, and so to go to the Mouth of the Creeke or Kill; which said Meadowes, were upon the 20 th day of Aprill Last, by common consent, staked out, and by my approbation Allowed of; All which said Tract and Parcells of Land, Meadow Ground and premisses, within the Bounds and Limitts before mentioned described, and all or any Plantation or Plantations thereupon, from hence forth are to bee, appertaine and belong, to the said Towne of Middewout, alias Flatt-Bush; Together with all Havens, Harbours, Creekes, Quarryes, wood-Lands, Meadow Ground, Reed-Land or valley, of all sorts, Pastures, Marshes, waters, Rivers, Lakes, ffishing, Hawking, Hunt- ing and ffowling, and all other proffitts, Commodities, Emol- 2 So in the original, obviously an error. Should be "Amesford alias Flat-Lands." [No. xxvni] Grants 481 uments and Heriditaments, to the said Lands and premisses, within the said Bounds and Limitts sett forth, belonging or in any wise appertaining: And also freedome of Com- monage, for Range and feed of Cattle and Horses, into the woods as well without as within their Bounds and Limitts, with the rest of their Neighbours: TO HAVE AND TO HOLD, all and singular the said Tract and Parcells of Land, Commonage, Hereditaments and premisses, w th their, & every of their APPURTENANCES, and of every part and Parcell thereof, to the said Patentees and their Asso- ciates, their Heires, Successo rs and Assignes, to the proper use and behoofe, of the said Patentees and their Associates their Heires Successo rs and Assignes for ever. MORE- OVER, I do hereby, give, Ratify, Confirme and graunt, unto the said Patentees and their Associates, their heirs Successo rs and Assignes, all the Rights and Priviledges, belonging to a Towne within this Government, And that the place of their present Habitation, shall continue and retain the name of Middewout, alias Flatt-Bush, by which name or names, and Stile, It shall bee distinguished and knowne, in all Bargaines and Sales, Deedes, writings and Records; They the said Patentees and their Associates, their Heires Successo" and Assignes, Rendring and Paying, such Dutyes and Acknowledgments, as now are, or hereafter shall bee, Constituted [an]d Establish't, by the Lawes of this Govern- ment, under the obedience of his Royall Highnesse, his Heires and Successo" : GIVEN under my hand and Seale, at ffort James in New Yorke, on the Island of Manhattans the Eleventh day of October, in the nineteenth yeare of the Reigne of our Soveraigne Lord, CHARLES THE SECOND, by the Grace of God, of England, Scotland, ffrance and Ireland King, Defender of the ffaith, &c, Annoqj Domini 1667. Richard Nicolls RECORDED by Order of the Governo r the day and yeare above written./ Matthias : Nicolls/. Seer. 482 Colonial Charters [No. xxvm] B. Dongan Patent for Flatbush. 3 Thomas Dongan Leiv 1 Governour and vice Admirall of New Yorke &c. under his Majesty JAMES the Second by the Grace of God King of England scottl d Scottland ffrance and Ireland Defender of the faith &c supream Lord and Proprietor of the collony and PROVINC of New Yorke and its Dependencyes in AMERICA To all to whom these p r sents shall come, SENDETH GREETINGS WHEREAS there is A certaine towne in Kings county upon Long Island Called and knowne by the name of Middewout alias fflatt- bush the bounds whereof begin att the Mouth of the ffresh kill and soe Along by A certaine ditch which lyes betwixt Armsford, and fflattbush Meadows, and soe runing alongst the ditch and Fence, to a certaine white oake markt tree, And from thence with a streight line to the Westermost pointe of A small Island of wood land lyeing before John Strikers bridge And from thence with a streight line to the north west hooke or corner of the ditch of John Okies Meadow And from thence Alongst the said Ditch and ffence to the swamp of the Fresh kill and soe Alongst the swamp and hollow of the Aforesaid kill to the lane of Kiewters hooke then alongst the lane to a marked white oake tree and from thence with a streight line to a black oake markt tree standing upon the north east side of Twilders fflatts, haveing a small snip of fflatts upon the south east side of the line, And soe from thence to A white oake tree standing to the west side of Musketahole upon a small Island leave- 3 This patent has been carefully compared with the original charter now in the custody of the Commissioner of Records of Kings Co., and, as far as typography will allow, is a verbatim et literatim et punctuatim copy. The original is on one large sheet of parchment with a pendant seal, intact, at the bottom. It is signed by Thomas Dongan. On the reverse side appears the following: "Recorded in the Secretarys office for the Province of New Yorke in Lib: N° i book of pattents began 1684 pages (119:120:121 & 122) this i2 l h day of Novemb 1 " 1695 cH} J. Spragge. Seer." [No. xxvni] Grants 483 ing A snip of fflatts in the fflattlands bounds And from thence to A certaine markt tree or stump standing by the high way which goes to fflattlands upon the little fflatts about twenty rod from fflattbush lotts, and soe alongst the ffence six hun- dred dutch rodd to the corner of fflattbush ffence, and soe Alongst, by the reere of the lotts to A sassafrass stump standing in Cornelis Jansen Berrians Lott of Land And from thence with A streight line to a certaine old marked tree or stump, standing by the Rush Pond under the hills and soe Along upon the south side of the hill till it comes to the west end of the long hill and soe Along upon the south side of the said hill till it comes to the east end of the long hill and then with A streight line from the east end of said long hill, to A markt white oake tree, standing, to the west side of the roade neare the place called the Gate or Portt of the hills, and soe from the east side of the Portt or Gate Along upon the south side of the maine hills as farr as brewklin Pattent doth extend and soe Along the said hills to the bounds of Jameca Pattentt And from thence with A southerly Line to the kill or creeke by the east of the Plunders Neck and soe Alongst the said kill to the Sea As According to the severall Deeds or purchasess from the Indians owners the Pattent from Governour Nicolls, and the award between breukline and the towne of fflattbush Relacon thereto being had doth more fully and att large Appeare; AND WHEREAS Applycacon to me hath been made for A confirmacon of the Aforesaid tract and parcells of land and premissess NOW KNOW YEE that by Virtue of the Commission and Authority unto me given by his Majesty JAMES the second by the Grace of God of Eng- land, Scottland, ffrance, and Ireland King Defender of the faith supream Lord and Proprietor of the PROVINCE of New Yorke in Consideracon of the premissess and the quitt rents herein After reserved I have Given Granted rattified and Confirmed, and by these presents Doe give grant, rattifie, and Confirme unto Cornelis Vandewick John Okie 484 Colonial Charters [No. xxvni] Joseph Hageman Ars Jansen Vanderbild Lafford Pieterson William Guiliamson Hendrick Williames, Peter Guiliams Arien Ryers Peter Striker John Striker, John Ramsden Jacob Hendricks Derick Vander ffleete, Hendrick, Rick, Okie Johnson Daniell Polhemus Peter Lo[tt] Cornelis Vandervere Dirick Jansen Hoglandt Denise Teunise John Johnson Ditimus, Lewis Jansen William Jacobs Hendrick Hageman and Garrett Lubberts for and on the behalfe of themselves and their Associates all the ffreholders, and Inhabitants of the said towne of fflatbush their heires and Assignes for ever all the before recited tract and tracts parcells and parcells of Land and Islands within the said bounds, and limitts, togather with all the singular the woods, Underwoods plaines hills meadows pastures Quarryes, Marshes, Waters, lakes, Casewayes, Rivers, beaches, Howses, buildings, ffishing hawking hunting and fowling with all libertyes privilidges hereaditaments and Appurtennces to the said tract of land and premissess belong- ing or in Any wise Appurteineing TO HAVE AND TO HOLD the said tract of land and premissess with all and Singular the Appurtennces before menconed and Intended to be given granted and Confirmed unto the said Cornelis Vanderwick John Okie, Jo[se]ph Hageman Aris Jansen Vanderbild Lafford Pie[terson] William Guiliamsen Hend- rick Williams Peter Guilliams Arien Ryers Peter striker John Striker, John Ramsden Jacob Hendricks Derick Van- derffleete Hendrick Rick Okie Johns [on] Daniell Polhemus Peter Lott Cornelis Vandervere Dirick Johnson Hoglandt Denise Teunise John Johnson Ditimus Lewis Jansen W m Jacobs Hendrick Hageman & Garrett Lubbarts the said Pattentees and their Associates their heires and Assignes for ever: TO BE HOLDEN of his Majesty in free and comon Soccage According to the tenure of East Grenwich in the County of kent in his Majestyes Kingdome of Eng- land, YEILDING rendring and paying therefore Yearly and every yeare att the Citty of New Yorke unto his [No. xxviii] Grants 485 Majesty his heires or successors or to such officer or officers as by him or them shall be Appointed to receive the same eighteene bushells of good winter merchantable Wheate on or before the five and twentyth day of March, IN WIT- NESSE whereof I have caused these presents to be entred upon record in the secretarys office of the said PROVINCE And the seale thereof have hereunto Affixed & signed with my hand this twelfth day of November in the first Yeare of his Ma tis reigne Anno Dom 1685: — Thomas Dongan [Seal] 486 Colonial Charters [No. xxix] No. XXIX. TOWN OF FLATLANDS. A. Nicolls Patent for Flattlands. 1 [seal] RICHARD NICOLLS ESQ R Governour Generall, under his Royall Highnesse, James Duke of Yorke and Albany &c, of all his Territoryes in America; To all to whom these presents shall come, sendeth Greeting. WHEREAS there is a certaine Towne within this Government, Scituate, lying and being in the west Riding of Yorkshire upon Long Island; commonly called and knowne by the name of Ames- fort, alias Flatt-Lands; Which said Towne, is now in the Tenure or occupation of severall ffreeholders and Inhabit- ants, who having heretofore beene Seated there by Authority, and Likewise made Lawfull Purchase of the greatest part of the Lands there unto belonging, have also Improved a considerable Proporcon thereof, and settled a competent Number of ffamilyes there upon : NOW for a Confirmation unto the said ffreeholders and Inhabitants, in their Possession and Enjoyment of the p r misses, KNOW YEE, That by vertue of the Commission and Authority, unto mee given by his Royall Highnesse, I have given, Ratifyed, Confirmed and graunted, And by these presents, do give, Ratify, Confirme and graunt, unto Elbert Elberts Govert Loockermans, Roeloffe Martens Pieter Claes, Willem Gerrits, Thomas Hillebrants, Steven Coerten & Coert Stevens, as Patentees, for and on the behalfe of them- selves and their Associates, the ffreehold rs and Inhabitants of the said Towne, their Heires, Successo rs and Assignes, 1 This patent has been carefully compared with the original patent which is owned by the L. I. Historical Society, and, as far as typography will allow, is a 'verbatim et literatim et punctuatim copy. The original is on four sheets of paper and has a seal intact in the upper left margin of the first sheet and bears the signature of Richard Nicolls. ■ • * J . I V . « i* J) 'I •Jr. A. -Jl- /«f. '&/ -/.7.:.,/ h // ■^ ( K . s Barben 'i to i 1 Eyi.AND is i 4./... /„.. \ A ■5 v£-.-yi../.,/.u.. -4. T L A IV T I C MAP OF THE TOWN OF FLATLANDS. KINGS COUNTY Prepared by Jeremiah Lott. Dated November zo, 1797. (Original in color). Original size 14" x 21". [No. xxix] Grants 487 All that Tract, together with the severall Parcells of Land, which already have, or hereafter shall bee, Purchased or procured, for and on the behalfe of the said Towne, whether from the native Indyan Proprieto rs or others, within the Bounds and Limitts hereafter sett forth and exprest, (VIZT.) That is to say, from their westerne Bounds, which begin at a certaine Creeke or Kill, commonly called the Stromme Kill, They stretch to ffirkins or Varckens Hooke, which is also included within their Limitts, neare where unto, comes a certaine Point of Land, out of the woods, which divides the Meadowes of the Towne of New Utrecht, and those belonging to this Towne, with this distinction, That fflatt-Land Meadow or valley, runs about the end of the said Point, as well as on the one side of it, and New Utrecht Meadowes, lye on the North East side onely : Then from y e Limitts of Middwout, als fflattbush, which lye about Northwest from the said Towne of fflatt-Lands, beginning at a certaine Tree standing upon the Little fflatts, mark't by the Order and determination of severall Arbitrato", appointed by mee to view and jssue the difference betweene the two Townes, concerning the same, which accordingly they did, upon the 17 th day of October 1666. A Line Stretching South East to Canarisee, It includes within i'ts Bounds and Limitts, severall other Parcells of Land, In particular, That Parcell or Tract of Land graunted by Patent or Groundbriefe, from the Dutch Governour, Petrus Stuyvesant, unto Jacob Steendam and Wolcker Jans, bear- ing date the 12 th day of No[vember]* 1652. and upon the 30 th day of Nove[mber] 1662, transported and made over to the Towne afore mentioned, As also, all those Lands at Canarisee, part of which, the native Indyan Proprieto rs did heretofore permitt and give their Consent that the Inhabitants of the said Towne of fflatt-Lands, should manure and Plant, and since have for a valuable Considera- * The matter in brackets is illegible in the original. 488 Colonial Charters [No. xxix] tion, sold the same unto them, with its Appurtenances, as by their Deed bearing date the 16 th day of Aprill 1665, Acknowledged by some of them before mee, doth and may appeare: Together with all that Meadow Ground or valley, lying and being at Canarisee, divided betweene the said Towne, and the Towne of fflattbush, aforemenco'ned, by an East Line, to runne halfe a Point Northerly, without variacon of the Compasse, and so to go to the mouth of the Creeke or Kill; Which said Meadowes were upon the 20 th day of Aprill last, by common consent, staked o[ut], and by my approbation Allowed of. All which said Tract and Parcells of Land, Meadow Ground and PREMISSES, within the Bounds and Limitts afore mentioned described, and all or any Plantation or Plantions, there upon, from hence forth, are to bee, [ajppertaine and belong, to the said Towne of Amesfort, alias Flatt-Lands, Together with all Havens, Harbours, Creekes, Quarryes, wood-Lands, Meadow Ground Reed Land or valley of [all] sorts, Pas- tures, M[arsh]es, waters, Rivers, Lakes, ffishing, Hawk- ing, Hunting and ffowlin[g] and all other Proffitts, Com- modities, Emoluments and Hereditaments, to the said Lands and premisses, w th in the Bounds and Limitts sett forth, belonging, or in any wise appertaining; And also ffreedome of Commonage, for Range and ffeed of Cattle and Horses, into the woods, as well without, as within their Bounds and Limitts, with the rest of their Neighbo rs TO HAVE AND TO HOLD, all and singular the said Tract and Parcells of Land, Commonage, Hereditaments and premisses, with their and every of their Appertena[nces] and of every part a[nd] P[arcell tjhereof [and] the said Patentees a[nd] their Associates, their heires, Successo rs and Assignes, to the proper use and behoofe, of the said Patentees and their Associates, their Heires, Successo" and Assignes for ever, Moreover, I do hereby give, Ratify, Confirme and graunt, unto the said Patentees and their Associates, their heires, Successo rs and Assignes, all the Rig[ht]s and Priviledges, [No. xxix] Grants 489 belonging to a Towne within this Government, and that the place of their p r sent Habitacon shall continue and [rema]ine the name of Amesfort, alias fflatt-Lands, by which name or [name]s and Stile, it shall bee distinguis'ht and knowne, in all Bar[gaines] and Sales, Deedes, writings & Records. They the said Patente[es an]d their Associates, their heires, Successo" & Assignes, Rendring [and] Paying, such Dutyes and Acknowledgm ts , as now are, or hereafte[r sh]all bee, Constituted and Establis'ht, by the Lawes of this Governm 1 [u]nder the obedience of his Royall Highnesse, his heires and Succes[so rs ] GIVEN under my hand and Seale, at ffort JAMES in New Yorke, on the Island of Manhatans, the 4 th day of October, in the nineteenth yeare of the Reigne of o r Soveraigne Lord, Charles the Second, by the Grace of God, of England, Scotland, ffrance and Ireland King, Defender of the ffaith &c, Annoq$ Domini 1667. RICHARD NICOLLS Recorded by Order of the Governo r the day and yeare above written. MATTHIAS NICOLLS S[ecr.] B. Lovelace Charter for Flatlands. 2 A Confirmation Graunted unto Elbert Elberts &c, Inhabitants of fflatt lands for a parcell of Land neare Canarite./ FRANCIS LOVELACE ESQ R &c WHEREAS the Inhabitants of the Towne of Amesford als Flattlands did 2 This charter has been carefully compared with the original engrossed record in Books of Patents, IV :i (2nd Pt.), at present on deposit in the Manu- script Division of the N. Y. State Library at Albany, and, as far as typography will allow, is a verbatim et literatim et punctuatim copy. 490 Colonial Charters [No. xxix] w th ye conS ent & approbation of y e late Governo 1 " Co H Richard Nicolls make purchase of a certaine parcell of land from y e Indian Native Proprietors as by y e Deed of Pur- chase bearing date y e 23 th day of Aprill 1665 doth & may appeare, lying & being in y e West Ryding of Yorkshire upon Long Island at Canarite w ch in Gen rl termes is confirmed unto them in the grant Pattent of their Towne by y e said Governo rs but y e Inhabitants of the said Towne having requested me that y e bounds of y e said purchase may be Expresly confirmed as sett forth in the Deed of purchase, for an Encouragem* to y e Inhabitants of the said Towne in their further manuring & Improving the said Land, I have thought fitt to ratifye confirme & graunt & by theise p r sents doe hereby Ratifye confirme & Graunt unto Elbert Elberts Govert Lockermans Roeloff Martens Pieter Claes William Gerrits Thomas Hillebrants Steven Coerten, Coert Stevens, as Pattentees for & on y e behalfe of themselves & other Associates y e freehold" & Inhabitants of y e said Towne, their heires successo rs & assignes, all that parcell of Land lying & being at Canarite as aforesaid neare unto y e said Towne of Amesford begining from y e west syde of y e Muskytehole from certaine marked trees & stretching from thence over y e end of y e fflatt Land by y e Two Trees on y e north syde of y e said fflatt Land, to certaine other marked trees, & from thence to y e vale of y e Fresh Creek stopping at y e Path w ch goes to y e great Plaines & y e vale of y e fresh Creek & then stretching along y e fflatt ground by y e Creek by w ch it is there Lock't up & bounded, Togth r w th all y e meadow Ground or Valley Land, Kills or Creeks therein comprehended w th all oth r profitts Comodityes Emolum ts Hereditam ts to y e said parcell of Land P r misses belonging or in any wise apperteyning TO HAVE &c Feb ry 5 th 1668./ [No. xxix] Grants 491 Dongan Charter for Flatlands. 3 THOMAS DONGAN Lieutenant Governour and Vice Admirall of New Yorke and its Dependencyes Under his Majesty James the Second By the Grace of God of England Scottland ffrance and Ireland King Defender of the faith &c Supreame Lord and Proprietor of the Collony and Province of New Yorke &c To all to whom this shall come sendeth Greeting WHEREAS there is a certaine Towne in Kings County upon Long Island Called and knowne by the name of Amesfort or fflatt Lands haveing a Certaine Tract of Land thereunto belonging whose bounds beginn ffrom the Beach Called the Strom kill to the Head of the said Creeke or Kill and from thence along the Valley to Gravesend Path To a white oake Brush And Soe from thence along the ffence to Utrecht path to a white oake tree and from thence with a streight Line to the ffence of fflat bush by the mark'd trees and then along the fflat bush ffence up to a Certaine marked tree which was marked by Arbitrators appointed by the Honourable Collonell Richard Nicolls formerly Governour of this Province on the seaventeenth Day of October Anno Dm One thousand six hundred Sixty and six and from the said marked tree Eastward by the North sid[e] of a ffresh swamp to a certaine Marked tree called Musketa-hole And from thence with a streight Line Over the End of the Little fflatts by two Certaine marked t[ree]s and soe from thence with a streight Line to a certaine marked tree standing upon Hempstead Path and soe along the Lane untill it comes to the hollow And [soe] along the Hollow on the ffresh Creeke up to the Beach And soe along the ffence or ditch according to the pattent granted to the inhabitants of fflat bush in this presen[t y]eare of our Lord One thousand six hundred and 3 This charter has been carefully compared with the original charter which is owned by the Long Island Historical Society, and, as far as typography will allow, is a verbatim et literatim et putictuatim copy. 492 Colonial Charters [No. xxix] Eighty five as by Severall Writeings or pattents from the former Governours Richard Nicolls and ffrancis Lovelace Es[q]s and the agreements made by the inhabitants of fflat- Lands with the Townes of fflatt bush and Gravesend Rela[c]on to them being had doth fully and at Large appeare And the said Towne being now in the tenure or Occupacon of Severall [freeholders] and inhabitants seated there by authority and haveing by M r Roeloffe Ma[rte]nsen and Coert Stevensen persons Deputed by them desired a Confirmacon from me of the aforesaid Land NOW ffor a Confirmacon unto the said ffreeholders and inhabitants in their Quiett possession and Enjoyment of the Premisses KNOW YEE that by Virtue of the Commission and authority to me given for and in Consideracon of the Quitt rent herein after menconed and reserved I have granted rattifyed and Confirmed and by these p r sents doe Grant rattifye and Confirme unto Elbert Elberts Roeloff Martens Pieter Claessen William Gerretsen Coert Stevenson Leucas Stevensen and Jan Teunessen as Pattentees for and on the behalfe of themselves and their Associates the present ffreeholders and inhabitants of the said Towne their heires successours and Assignes All the aforerecited Tract and parcells of Land and premisses butted and bounded as afore- said with their and Every of their Appurtenances Together with all and all manner of Edifices buildings Havens Har- bours, Rivers Rivoletts Runnes Streames feedings pastures Woods Underwoods trees waters watercourses ponds pooles, Pitts swamps Moores Marshes Meadows Reed Land Valleys Easements proffitts Emoluments Comodityes and Heriditaments fishing fowleing hawkeing hunting and other appurtenances Whatsoever To the said Tract and parcell of Land within the bounds and Limitts aforesaid belonging or in any wise appertaining TO HAVE AND TO HOLD the said Tract and parcells of land and all and singuler other the premisses with their and Every of their Appurtenances unto the said Elbert Elberts Roeloffe Mar- [No. xxix] Grants 493 tenson Pi[eter] Claessen William Gerretsen Coert Steven- sen Lucas Stevensen and Jan Teunissen as pattentees and their Associates the present freeholders and inhabitants of the said Towne their heires Successours and Assignes To the sole and only propper use benifitt and behoofe of them the said Pattentees and their Associates their heires suc- cessours and Assignees forever to be holden in ffree and Corhon soccage according to the Tenure of East Greenwich in his Majestyes Kingdome of England YEILDING Rendring and paying therefore yearly and every Yeare for the use of our Soveraigne Lord James the second by the Grace of God Over England Scottland ffrance and Ireland King Defender of the faith &c [S]upreame Lord and proprietor of the Collony and Province of New Yorke &c his heires successours and Assignes or to such officer or officers as by him or them shall be appointed to receive the same fourteene bushells of good winter Merchantable wheat yearly on the twenty fifth day of March at the Citty of New Yorke And for the better preserveing the title of the before- recited Land and premisses I have Caused these presents to be Entred in the Secretaryes Office of this province Given under my hand and sealed with the seale of the province at ffortt James in New Yorke this eleventh day of March Anno Dm One thousand six hundred Eighty and five And in the [Second] yeare of his Said Majestyes Reaigne Over England &c THOMAS : DONGAN May it please you r Honor The Atturney Generall Hath perused This pattent, And finds Nothing contained therin prejudiciall to his Majestys Interest: Examined March i I th 1685 JA: GRAHAM Recorded in the Secretaryes office for the Province of New Yorke in lib N° 1 booke of pattents pages (184:185: 186 & 187) this 11 th Day of March 1685

MAPOl Till' TOWN OF GRAVESEUD I lin Terhime. (Original in color.) Original size i\"xiz" [No. xxx] Grants 495 riuers, Creekes, woodland, marshes, and all other appurte- nances thereunto belongeing, lyeing & being uppon [and] aboute the Weastermost part of Long Island, and beginning att the mouth of a Creeke adiacent to Coneyne Island, & being bounded on the weastward parte thereof with the land appertaining to Anthony Johnson & Robert Pennoyre, and soe to runne as farre as the westermost part of a Certaine pond in an ould Indian field on the North side of the planta- tion of the s d Ro : Pennoyre, & from thence to runne direct East as farre as a valley beginning att the head of a fflye or marsh somtimes belonging to the land of Hugh Garretson, & being bounded on the south side with the Maine Ocean, for them the said pattentees, theyre associates, firs, execut rs administ" succes rs & assignes, actuallie reallie, & perpetuallie to inioy and possesse as theyre owne ffree land of inherit- ance, and it to improue & manure according to theire owne discreations, with libertie likewise for them the said pat" theyre assoc ts firs & success" & asignes to put what Cattle they shall thinke fitting to feed or grase upon the afores d Conyne Island, ffarther giueing & graunting, & by vertue of these presents wee doe giue and graunt unto the s d pattent es theyre assoc ts firs, & success" full power and authoritie vppon the said land to build a towne, or townes, with such necessar[ie] fortifications as to them shall seem expedient, & to haue and inioye the ffree libertie of Conscience accord- ing to the Custom & manner of Holland, without molesta- tio[n] or disturbance from any magistrate or magistrates, or any other ecclesiasticall minister that may pretend iurisdictio ouer them, with libertie likewise for them the s d pattentees, theyres assoc ts hrs, &c; to erect a boddy pollitique & Ciuill Combination amongst themselues as ffree men of this prouince & of the towne of GRAUESAND & to make such Ciuill ordinances as the maior part of the inhabit ts ffree of the s d towne shall thinke fitting for theyre quiet and peaceable subsisting] & to [n]omi[nate] [e]l[ec]t & choose thre of the ablest, approved, honest [me]n, & them 496 Colonial Charters [No. xxx] to present annuallie to the Gouerno r g[e]ner: of this prouince f [or the] tyme being [for] him the s d Gouern 1 " to establish & Confirme to the which s d thre men soe chosen & Confirmed wee doe hereby giue & grant full powre and authoritie absolutelie and definitiuelie to determine (with- out appeale to any superior Court) for debt or trespasse not exceeding nifty hollands gilld rs , for all such actions as shall happen within the iurisdiction of the aboues d limit; with power likewise for any one of the s d thre to examine vppon oathe all wittnesses, in Cases depending before them, and in Case any shall refuse to stand to the award of what the maior part of the s d thre shall agree unto, in such Cases we[e] doe hereby giue and graunt full power and authoritie to any two, of the s d thre, to attach, and ceise, vppon the lands, goods, Catties, & Chatties, of the parties Condemned by theyre s d sentence, & Fowrtene dayes after the said Ceisure (if the partie soe Condemned agrees not in the interim & submitts himselfe to the sentence of the said thre men) the s d two or thre appointed men as afores d to take or ioyne to them selves two more of theyre neighbours Discrete honest men, & with the advice of them to apprise the lands, goods, Catties, or Chatties, within the above s d iurisdiction & belonging to the partie Condemned as an c ores d to the full vallew: and then to sell them to any that will buye, that sattisfaction & paiement may be made, according to the sentence of the s d appointed men, Likewise giueing & graunting and by vertue hereof wee doe giue & graunt unto the s d patt es theyre assoc ts ftrs, success" &c : full power and authoritie to elect & nominate a Certaine officer amongst themselues, to execute the place of a scoute, & him likewise annuallie to present to the Goue r gener: of this prouince to bee established & Confirmed, to which s d officer soe chosen & Confirmed, we doe hereby giue and graunt as large and ample power as is vsuallie giuen to the scoutes of any village in Holland, for the suppression or preuention of any disorders that may there arise, or to arrest & apprehend the boddy [No. xxx] Grants 497 of any Criminal!, malifactour, or of any that shall by word or act disturb the publicqu[e] tranquillitie of this prouince, or Ciuill peace of the inhabitants with in the aboues d Juris- diction, & him, them, or her, soe arrested or apprehended, to bring or Cause to bee brought before the Gouer r gener: of this prouince, & theyre by way of processe declare against the partie soe offending ffarther wee doe giue & graunt unto the s d patt es theyre assoc ts hrs etc : free libertie of hawking, hunting, fishing, fowling, within the aboues d limitts, & to vse & exercise all manner of trade & Comerce, according as the inhabittants of this prouince may or Can, by vertue of any priuiledge, or graunt made unto them, induing all & singular the s d patt es theyre assoc ts hrs etc with all & singular the immunities & priuilidges, allready graunted to the inhabit ts of this prouince, or hereafter to be graunted, as if they were natives of the united Belgicke prouinces, Allwayes prouided the s d patt es theyre assoc ts hrs &c : shall f aithfullie acknowledge & reuenerentlie respect the abouenamed High & Mightie lords etc: for theyre superiour lord[s] & patrons, & in all loyaltie and fidelitie demeane themselues towards them & theyre success" according as the inhabit ts of this prouince in duty are bound, soe long as they shall within this iurisdiction, and att the expiratio: of ten yeare, to beginne from the day of the date hereof, to pay or cause to be paid to an officer thereunto deputed by the Gouernour gener: of this prouince for the tyme being, the tenth part of the reuennew that shall arise by the ground manured by the plough or how, in case it be demanded, to be p d to the s d officer in the field before it be howsed, gardens or orchards not exceeding one hollands acre being excepted; & in case any of the s d patt ts theyre assoc ts ftrs etc : shall only improue theyre st[oc]ks in graseing or breeding of Cattle, then the partie soe doeing shall att the end of the ten yeares affores d pay, or Cause to be paid t[o] an officer deputed as affores d such r[eas]onable satisfaction in butter and cheese, as other inhabit ts of other townes shall doe in like Cases. Likewise 498 Colonial Charters [No. xxx] inioyning the said patt es theyre assoc[ ts ] frrs etc: in the da[t]ing of all publique instruments to use the new stile, with the weights & measures of this pla[c]e: given under my hand and seale of this prouince this [i9J th of December in the ffort Amsterdam in New Netherlands 1645 Willem Kieft B. Nicolls Patent for Gravesend. 2 RICHARD NICOLLS ESQ R &C WHEREAS there is a Certaine Towne in y e west Ryding of Yorkshore upon Long Island comonly called & knowne by y e name of Grave- send scituate lyeing & being on or about y e westermost parte of y e said Island, Conteyning a certaine quantity or parcell of Land beginning at y e mouth of a Creek adjacent to Couney Island & being bounded on y e westward parte thereof w th y e Land heretofore appertaining to Anthony Johnson & Robert Pennoyer & so to Runne as farre as y e westermost parte of a certaine Pond in an Old Indian feild on y e North syde of y e Plantation of y e said Robert Pen- noyer & from thence to runne direct East as farre as a Valley beginning at y e head of a Flye or Marsh sometymes belonging to y e Land of Hugh Gerretsen, & being bounded on y e South syde with y e maine Ocean, ffor w ch said quantitye or parcell of Land there was heretofore a Pattent or Ground breife graunted from y e Dutch Governo r William Kieft unto severall Patentees their Associates heires Executo rs Administrato rs Successo rs Assignes, Togeth 1 " w th all y e Havens Harbours Rivers Creeks woodland Marshes & all oth r appurtenances w th many oth r perticulers as in y e said Pattent or Ground breife bearing date y e 19 th Day of Decernb 1 " 1645 i s se ^t forth, Now for a Confirmation unto 2 This patent has been carefully compared with the original engrossed record in Books of Patents, IV 156, at present on deposit in the Manuscript Division of the N. Y. State Library at Albany, and, as far as typography will allow, is a verbatim et literatim et punctuatim copy. [No. xxx] Grants 499 y e present Freeholders & Inhabitants of y e said Towne in their possession & enjoym* of y e p r misses; KNOW YEE That by vertue of y e Comission & Authority unto me given by his Royall Highness I HAVE Ratifyed Confirmed & graunted & by theise p r sents Doe Ratifye Confirme & graunt unto Thomas Delavall Esq r M r James Hubbard William Bound Senio r William Goulding John Tilton as patentees for & on y e behalfe of themselves & their Associates y e Free- hold" & Inhabitants of y e said Towne their heires Suc- cessors & Assignes ALL tha'forementioned quantity & par- cell of Land sett forth & bounded as aforesaid, Togeth r w th all Havens Harbours Creeks Quarryes woodland Plaines meadow ground Pastures Marshes waters Lakes Ryvers Fishing Hawking Hunting & fowling & all oth r profitts Comodityes Emolum ts & Hereditam ts to y e said Towne & Tract of Land & P r misses w th y e Lymitts & bounds afore- mentioned described belonging or in any wise apperteyning As also to have freedome of Comonage for Range & feed of Cattle & Horses into y e woods as well w th out as w th in their bounds & lymitts w th y e rest of their Neigbours, TO HAVE & TO HOULD all & singuler y e said Land Hereditam 15 & p r misses w th their & every of their appurtenances & of every parte & parcell thereof to y e said Pattentees & their Asso- ciates their heires successo rs & Assignes, to y e proper use & behoof of y e said Patentees & their Associates their heires Successo rs & Assignes. To y e proper use & behoof of y e said Pattentees & their Associates their heires Successors & Assignes for ever MOREOVER I Doe likewise hereby Confirme & graunt unto y e said Patentees & their Associates their heires successors & Assignes, All y e Priviledges belong- ing to a Towne w th in this Governm 1 & that y e p r sent habita- tion shall continue & retaine y e name of Gravescend by w ch name & stile it shall bee distinguish't & knowne in all bar- gaines & sales Deeds Records & wrytings They y e said Pat- tentees & their Associates their heires Successo rs & Assignes Rendring & paying &c The Patent is Dated August y e 13 th 1668./ 500 Colonial Charters [No. xxx] Lovelace Patent For Gravesend 3 [seal] FRANCIS LOVELACE ESQ R One of the Gentlemen of his Ma ties Hon ble Privy Chamber and Governour Generall under his Royall Highnesse JAMES Duke of Yorke and Albany &c of all his Territoryes in America. To all to whome theise presents shall come sendeth greeting WHEREAS There is a certaine Towne in the west Ryding of Yorkshire upon Long Island comonly called and knowne by the name of GRAVESEND scituate lyeing and being on or about the Westermost parte of the said Island con- teyning a certaine quantitye or parcell of land beginning at the mouth of a Creek adjacent to Coney Island and being bounded on the westermost parte thereof w th the Land here- tofore apperteyning to Anthony Johnson and Robert Pen- noyer and so to runne as farr as the westermost parte of a certaine Pond in an old Indian feild on the North syde of the Plantation of the said Robert Pennoyer and from thence to runne direct East as farre as a Valley beginning at the head of a Flye or Marsh sometymes belonging to the land of Hugh Garretsen and being bounded on the Southside with the Maine Ocean ffor which said quantitye or parcell of land there was heretofore a Patent or Groundbreife graunted from the Dutch Governour William Keift unto severall Pattentees their Associates heires Executors Admin- 3 This patent has been carefully compared with the original patent at present in the custody of the Commissioner of Records of Kings Co., and, as far as typography will allow, is a verbatim ct literatim et punctuatim copy. The original is on one sheet of parchment. It bears the signature of Francis Lovelace and the seal intact in the upper left margin. On the reverse side appears the following: "Memorandum, That though it be not particularly menconed in the w tll in wrytten Patent, yet it was intended & meant, & tis to be understood That y e utmost Lymitts & Extent of y e Bounds of y e Land belonging to y e Towne of Gravesend is to reach to ye Lynes of y e Patents of y e Townes of Flatt lands, Flatt bush, & New Utrecht. GIVEN under my hand at Fort James in New Yorke this First day of February Anno Domini 1670. Fran. Louelace." [No. xxx] Grants 501 istrators Successors or Assignes. Together with all the Havens Harbours Ryvers Creeks woodlands Marshes and all other appurtenances as also to putt what Cattle they thought fitting to feed and graze upon the aforesaid Coney Island w th libertye to them the said Patentees to build one or more Townes upon the said land with many other perticulers and priviledges as in the said Pattent or Ground- breife bearing date the nyneteenth day of December 1645 relation being thereunto had is at large sett forth Now for a Confirmation unto the present freeholders and Inhabitants of the said Towne in their possession and injoyment of the premisses KNOW YEE that by vertue of the Comission and authoritye unto me given by his Royall Highnesse I HAVE Ratified confirmed and graunted and by theise presents doe Ratifye confirme and graunt unto Thomas Delavall Esq r M r James Hubbard Ralph Cardall William Bowne John Tilton William Goulding and Samuell Spicer as Patentees for and on the behalfe of themselves and their Associates the freeholders and Inhabitants of the said Towne their heires Successors and Assignes ALL th'afore- mentioned quantitye tract and parcell of Land sett forth and bounded as aforesaid together w th the Inheritance of all Couney Island (reserving onely the priviledg 3 of erect- ing Hutts for fishing and dryeing of netts there upon occa- sion for all persons who shall undertake that designe for y e publique good) including all the land within a lyne stretching from the westermost parte of the said Island unto the Southermost parte of Anthony Jansens old Bowerye, their East bounds being the Strome Kill which comes to the Marsh or fflye of Mathew Gerretsons land aforementioned, As also the meadowe ground and Upland not specified in their former Pattent concerning w ch there have beene severall disputes and differences betweene the Inhabitants of the said Towne and their Neighbour Francis Browne the which in parte were issued both by my Predecessor and my selfe but since fully concluded and determyned betweene them by Articles of Agreement, the which Articles I doe hereby 502 Colonial Charters [No. xxx] confirme and allowe. With all havens harbours Creeks Quarryes Woodland Plaines meadow ground pastures Marshes waters Lakes Ryvers fishing hawking hunting and fowling and all other profitts comodityes Emoluments and Hereditaments to the said Towne Tract of Land Island and premisses within the lymitts & bounds aforementioned described belonging or in any wise apperteyning, And also to have freedome of comonage for Range and feed of Cattle and Horses into y e woods as well without as within their bounds and lymitts with the rest of the neighbours with libertye to cutt timber thereupon for their publique on private occasions TO HAVE & TO HOLD all and Singuler the said Lands Island Hereditaments and premisses with their and everye of their appurtenances & of everye parte and parcell thereof to the said Patentees and their Asso- ciates their heires Successors and Assignes TO the proper use and behoofe of the said Patentees and their Associates their heires Successors and Assignes for ever, MORE- OVER I doe likewise hereby confirme and graunt unto the said Patentees & their Associates their heires Successors & Assignes all the Priviledges belonging to a Towne within this Government and that the place of their present habita- tion shall continue & retaine the name of GRAVESEND by w ch name & stile it shall be distinguisht & knowne in all bargains & Sales Deeds Records & Wrytings They the said Patentees and their Associates their heires Successors & Assignes RENDRING & PAYING all dues & dutyes according to the good & wholesome Lawes already made or that hereafter shall be establisht in these his Royall High- nesse his Territoryes GIVEN under my hand & sealed with the Seale of the Province at ffort JAMES in New Yorke this ffirst Day of Julye in y e 22 th yeare of his Ma ties Raigne Annoq 5 Domini 1670. FRANCIS LOUELACE Recorded by Order of the Governour./ MATTHIAS NICOLLS Seer. [No. xxx] Grants 503 Gravesend Patent. 4 FRANCIS LOVELACE Esq r &c WHEREAS There is a Certaine Towne in the West Ryding of Yorkshire upon Long Island comonly called & knowne by the name of GRAVESEND Scituate lying & being on or about y e Westermost parte of the said Island Conteyning a certaine quantity or parcell of Land begining at y e mouth of a Creeke adjacent to Coney Island & being bounded on the wester- most parte thereof w th y e Land heretofore apperteyning to Anthony Jansen & Robert Penoyer & so to run as farre as y e westermost parte of a certaine Pond in an old Indian feild on the north syde of y e Plantacon of the said Robert Pen- oyer, & from thence to run direct East as far as a Valley beginning at y e head of a Flye or Marsh sometymes belong- ing to y e Land of Hugh Garretsen & being bounded on the South syde w th the Main Ocean for w ch said Quantity or parcell of land there was heretofore a Patent or Ground- breife graunted from y e Dutch Governo 1 " William Keift unto severall Patentees their Associates heires Executo rs Admin- istrator Successors or Assignes, Together w th all y e Havens Harbours Ryvers Creeks woodlands marshes & all oth r appurtenances as also to put what Cattle they thought fitting to feed & graze upon tha'foresaid Coney Island w th liberty to them the said Patentees to build one or more Townes upon y e said Island w th in any other perticulers & priviledges as in the said Patent or Groundbreife bearing date y e 19 th Day of December 1645 relation being thereunto had is at Large sett forth, Now for a Confirmation unto y e present Freeholders & Inhabitants of the said Towne in their pos- 4 This patent has been carefully compared with the original engrossed record in Books of Patents, IV .71, at present on deposit in the Manuscript Division of the N. Y. State Library at Albany, and, as far as typography will allow, is a verbatim et literatim et punctuatim copy. "The record in Albany is on its face incomplete. It is merely an abstract of the original document." — (Harway Improvement Co. v. Partridge, 203 App. Div. 174 at 185.) It is inserted here for comparison. 504 Colonial Charters [No. xxx] session & Enjoyment of the p r misses KNOW yee That by vertue of the Comission & Authority unto me given by his Royall Highnesse, I HAVE Ratified Confirmed & graunted & by theise p r sents Doe Ratifye Confirme & graunt unto Thomas Delavall Esq r M r James Hubbard Ralph Cardall William Bowne John Tilson William Goulding & Samuell Spicer as Patentees for & on the behalfe of themselves & their Associates the Freeholders & Inhabitants of the said Towne their Heires Successo" & Assignes ALL tha'fore- mentioned Quantity Tract & parcell of Land sett forth & bounded as aforesaid, Togeth 1 " w th all Couney Island (reserving onely the priviledge of Erecting hutts for fishing & dryeing of Netts there upon Occasion for all persons who shall undertake that Designe for the Publique good) 5 w th all Havens Harbours Creeks Quarryes woodland Plaines meadowe ground, Pastures Marshes waters, Lakes Ryvers Fishing, hawking hunting & Fowling & all other profitts Comodityes Emoluments & Hereditaments to y e said Tract of Land, Towne, Island & p r misses w th in y e lymitts & bounds aforementioned described belonging or in any wise apper- teyning: As also to have Freedome of Comonage for Range & feed of Cattle & Horses into y e Woods as well w th out as w th in their bounds & Lymitts w th y e rest of their Neighbours, TO HAVE & TO hold all & Singuler y e said lands Island Hereditaments & p r misses w th their & every of their appur- tenances, & of every parte and parcell thereof to the said Patentees & their Associates their heires Successo" & Assignes, TO the proper use & behoofe of the said Patentees & their Associates, their heires Successors and Assignes for ever MOREOVER I doe likewise hereby Confirme & Graunt unto the said Patentees & their Associates their heires Successors & Assignes all y e Priviledges belonging to a Towne w th in this Government, & that the place of their p r sent habitation shall continue & retaine y e name of 5 At this point a large part of the description is omitted from this copy. For omitted matter see pg. 501 line 26 et sec. [No. xxx] Grants 505 GRAVESEND by w ch name & stile it shall be distingui'sht & knowne in all bargaines & sales, Deeds Records & wrytings, they the said Patentees & their Associates RENDRING & PAYING such Dutyes & Acknowledgments D. Dongan Patent for Gravesend. 6 THOMAS DONGAN, Liev 1 Governor and Vice Admirall of New Yorke and its Dependencies under his Majesty JAMES the Second by the grace of god of Eng- land, Scottland, ffrance and Ireland, King Defender of the faith &c Supreame Lord and Proprietor of the Colony and Province of New Yorke and its Dependencies in America &c to all to whom these Presents shall come SENDETH GREETING Whereas there is A Certaine Towne in KINGS County upon Long Island Comonly Called and Known by the name of Gravesend Scituate, Lyeing, and being on or About the Westermost Part of the Said Island Containing a Certaine quantity or Parcell of Land begining att the Westermost Part of a Certaine Place Called Cunie Island and from thence bounded to the Westermost Part of Anthony Johnsen and Robert Pennoyer and soe from thence bounded by New Utricht ffence According to Agree- ment, and soe aLonge New Utricke ffence According to Agreement to the bounds of fflatt bush, and from thence, aLong John Dittmus his Land, unto the bounds of Flatt Lands, and from thence Uppon a Line agreed Upon betwixt Flatt Lands and Gravesend, which from John Dittmus his 6 This patent has been carefully compared with the original patent now in the custody of the Commissioner of Records for Kings Co., and, as far as typography will allow, is a verbatim et literatim et punctuatim copy. The original is on one and one half sheets of parchment signed by Thomas Dongan and has a seal intact at the bottom. On the back appears the fol- lowing, "Recorded in the Secretarys Office for the Province of New Yorke in the book for entring of Pattents N° i, Pages 532, 533, 534 & 535. p r J. Spragge Seer." 506 Colonial Charters [No. xxx] Land Runns to a certaine bounds Stake and from thence to a White Oake tree Marked and Standing by New Utrick Waggon Pathe and Soe to the North west Corner of Allbert the Weavers, feilde, and soe goeing to a Certaine marked White Oake tree, that stands by the high way Side, in the hollow and from thence Runing A Long the hollow to the head of A Certaine Creeke, Comonly Called and knowne by the name of the Strom Kill, or Hugh Garresttsen Creeke, and A Long the said Creeke to the Maine Ocean and soe A Long by the sea side to the westermost Part of Cunie Island, As According to severall Indians Deeds Agreements, Writeings and the Pattent from Governor ffrancis Lovelace, Dated in the yeare of Our Lord One thousand Six hundred and Seventy may more fully and Att Large Appeare NOW KNOW YEE that by Virtue of the Commission and Authority to mee given and Power in mee Resideing under his Majesty JAMES the Second by the grace of god King of England, Scottland ffrance and Ireland, Defender of the faith &c Supreame Lord and Proprietor of the Colony and Province of New Yorke in Consideracon of the Premisses and of the quitt Rents herein After Researved I have given, granted, Rattified and Confirmed and by these Presents Doe give grant, Rattifie and Confirme Unto James Hubard, John Tilton, Junior, William, Golder, Nicholas, Stilwell, and Jocham Guylocke As Pattentees for and on the behalfe of themselves and theire Associates the freeholders and Inhabitants of the Said Towne of Gravesend their heires, successors and Assignes all and Singular the before recited, Tract and Tracts, Parcel, and Parcells of Land and Meadows butted and bounded, as in the Said Pattent and severall, Writings is menconed and Expressed, with all and Singular the Messuages Tenements, houses, buildings, bar'ns, Stables, Orchards, Gardens Pastures, Mills, Mill Dams, Runns, Streams, Ponds, Woods, Underwoods, Trees, Timber, fencing, fishing, hawking, hunting, and fowling, [No. xxx] Grants 507 Liberties, Priviledges, Heareditaments, and Improvements, Whatsoever to the Said Land and Premises belonging or in any waves Appurteineing or Accepted, Reputed, Taken or Knowne or Used, Occupied and Enjoyed as Parte, Parcell [o]r member, thereof with theire and Every of theire Appurtenances TO HAVE AND TO HOLD the said Severall Tracts, and Parcells of Land and Meadow, houses, buildings, messauges, Tenements, barns, stables, Orchards, Gardens, Pastures, mills, mill, Dams, Runs, Ponds, woods, Underwoods, trees, Timber ffencis ffishing ffowling, hunting, hawking, Liberties, Priviledges, hereditaments, and Im- provements by these Presents granted, Rattified, and Con- firmed with theire and Every of theire Appurtenances to them the Said James Hubard, John Telton Junior, William, Golder, Nicholas, Stilwel and Jocham Guylock, As Pat- tentees for and on the behalfe of themselves and theire Associates theire, heires, successors and Assignes to the Sole and only Proper Use and behooffe of the Said Pattentees and theire Associates theire heires Successors and Assignes for Ever TO BEE HOLDEN of his said Majesty his heires, and, Successors, in FREE and Comon Soccage According to the Tenure of East Grenwich in the County of Kent in his Majestyes Kingdome of England YEILD- ING Rendring and Paying therefore yearly and Every yeare on Every five and twentyth Day of March for Ever in Liew and stead of All services, Dues and Demands, Whatsoever As A Quitt Rent to his Said Majestyes Use Six bushells of good winter merchantable wheate, Unto such Officer or Officers as shall bee Appointed to Receive the Same Att the Citty of New Yorke and for the Better Pre- serving the title of the above recited tracts, and Parcells of Land and Premisses and Every of them, I have Caused these Presents to bee Entred in the Secretaryes Office of this Province. GIVEN under my hand and sealed with the Seale of the Province Att Fortt JAMES in New Yorke the tenth 508 Colonial Charters [No. xxx] Day of Septem r in the SECOND yeare of his Majestyes REIGNE Anno Dom 1686 Thomas Dongan May it Please you r Honor The Atturney Generall Hath perused This Pattent And Finds Nothing Contained therin prejudicial! to his Majestyes Interest Exam May 6 th 1686 Ja : Graham r • * i v , ,■? r ! ^3 .| L» g™d Kit - ~ f^ L -■■■■■ ■■•;•. X,iy»4- ~ '* — *# '"'S? P * .-••:fiJ:S 1 ''/. y ! i>* . BO - v | J, ;. Nc« Dorp, and the other » apparent!) Stonj Brook. Original - i 5 - * lo ' [No. xxxvii] Grants 577 Indian Deed of Staten Island, 1670. 8 This Indenture made the Thirteenth Day of Aprill in the 22 th yeare of the Raigne of o r Soveraigne Lord Charles the Second by the Grace of God of England Scotland, ffrance & Ireland Kinge Defend 1- of the Faith &c & in th[e] yeare of our Lord God 1670, Between y e R* Hon bIe Francis Lovelace Esq r Governo r Gen r11 und r his Royall Highness James Duke of York & Albany &c Of all his Territoryes in America for & on y e behalfe of his said Royall Highness on y e one parte and Aquepo, Warrines, Minqua-Sachemack, Pemantowes Quewequeen, Wewanecameck, and Mataris, on y e behalfe of themsel[ves] as the True Sachems Owners & lawfull Indian Proprietors of Staten Island & of all oth 1 ' Indians any way concerned therei[n] on y e other parte Wit- nesseth, That for & in consideration of a certaine sume of Wampon & divers other goods, w ch in th[e] Schedule here- unto annext are Exprest, unto y e said Sachems in hand paid by the said Governo r ffrancis Lovelace or his Order, The receipt whereof they y e said Sachems Doe hereby Acknowl- edge, & to be fully satisfyed, & thereof & every parte thereof Doe for themselues & all others concerned their 8 This deed is reproduced from Executive Council Minutes, Administra- tion of Francis Lovelace, edited by Victor Hugo Paltsits, (1910) and the following footnote appears therein by Mr. Paltsits: "The text is taken from the original indenture deed owned by the State, formerly in Land Papers, vol. I, p. 34, but transferred, in 1908, to the archives of the New York State Library. Five Indians, on April 13th, signed by marks for them- selves and two of them signed again by marks on behalf of two absentees. On April 15th, the marks of six Indian children and youths were added, acknowledged and witnessed. An engrossed copy of the deed, made in 1786, is in Patents, vol. I, pp. 62-66, in the office of Secretary of State. The dupli- cate of the original indenture deed, bearing also signatures of Governor Lovelace, is owned by the New York Historical Society, which acquired it by gift from Samuel Hazard, of Philadelphia, on December 1, 1846. It was printed in Historical Magazine, vol. 10 (1866), pp. 375-377, and varies from the State's complementary deed in several particulars." 578 Colonial Charters [No. xxxvii] heires and Successors & every of them clearly acquitt and discharge the said Governour & his Successors Have given graunted bargained & sould, & by theise p r sents Doe fully & absolutely give graunt bargaine & sell unto y e said ffrancis Lovelace Governour for & on y e behalfe of his Royall High[ s ] aforementioned All that Island lyeing & being in Hudsons Ryver, corhonly called Staten Island & by y e Indian [s] Aquehonga Manacknong — having on y e South y e Bay & Sendy point, on y e North y e Ryver & y e Citty of New Yorke on Manh[a]tans Island, on y e East Long Island, & on y e west y e maine Lands of After Coll, or New- Jersey, Togeth 1 " w th all y e Lands soy[les] meadowes fresh & salt pastures Corhons wood land Marches Ryvers Ryvo- letts streames Creeks waters Lakes & whatsoever to y e said Island is belonging or any way apperteyning, & all & singuler oth r y e prmisses w th th'appurtenance[s] & everye parte & parcell thereof, w th out any reservation of y e her- bage or Trees or any other thinge growing or being there- upon] And the said Sachems for themselues & all others concerned their heires & successo rs Doe Covenant to & w th y e said Governo 1 " & his successo rs for & on y e behalfe afore- said in manner & forme following, That is to say That they y e said Sachems now are y 6 very True sole & Lawfull Indian Owners of the said Island & all & singular of y e p r misses, as being derived [to] them by their Auncestors, & that now at th'ensealing & delivery of theise p r sents they are lawfully seized thereof [to] y e use of themselues their heires & Assignes for ever according to y e use & Custome of y e rest of y e Native Indians of the Country, And further That y e said Island now is & at y e tyme of Executing of ye said Estate to be made as aforesaid shall be & from tyme to tyme & at all tymes hereafter shall & may stand remaine and continue unto y e said Governo r & his successors to y e use of his Royall Highness as aforesaid, free & [c]learly discharged & Acquitted from all & every former bargaines [No. xxxvii] Grants 579 sales guifts Graunts & Incumbrances whatsoever And furthermore the said Sachems for themselues and all others concerned their heires & Successo rs Doe Covenant That y e said Governor his successo rs & Assignes for & on y e behalfe of his Royall Highness as aforesaid shall & may from henceforth forever Lawfully peaceably & quietly haue hould possesse & Enjoy all the said Island w th th'appurte- nances & all & every oth r y e p r misses w th their appurtenances w th out any Lett resistance Disturbance or interuption of the said Sachems or any others concerned their heires & successo rs & w th out any manner of Lawfull Lett resistance molestation or interuption of any other person or persons whatsoever Clayming by from or under them or any of them And It is likewise Lastly Covenanted & agreed That y e said Sachems & y e rest of the Indians concerned w th them now Inhabiting or residing upon y e said Island shall haue Free leaue & Liberty to be & remaine thereupon untill y e First Day of May next, when they are to surrend r the possession thereof unto such person or persons as y e Governo r shall please to appoint to see y e same put in Execution upon w ch day They are all to Transporte them- selues to some other place & to resigne any Interest or Clayme thereunto or to any parte thereof forever To haue & to hould y e said Island so bargained & sould as afore- mentioned unto y e said Francis Lovelace Governo r & his successors for & on y e behalfe of his Royall Highness his heires & Assignes unto y e proper use & behoof of his said Royall Highness his heires & Assignes for ever. In witness whereof ye Partyes to theise p r sent Indentures haue Inter- changably sett to their hands & seales the day and yeare first herein wrytten 580 Colonial Charters [No. XXXVII] Sealed & Deliuered in y e p r sence of Corn us Steenwijck, Maijor Tho. Louelace Matthias Nicolls C V Ruijven Oloff Stevens V n Cortlant Allard Anthonij Johannes vanbrugh Gerret van Tricht I Bedloo Warn. Wessels Ccnstab William Nicolls Humphrey dauenport Cornelis Bedloo nicholaes Anthonij The marke of X [Seal] Aquepo The marke of Aquepo X [Seal] on the behalfe of Warrenes The marke of Wawanecameck X on the behalfe of [Seal] Minqua Sachemack The marke of Aquepo X on the behalfe of [Seal] Pemantowes The marke of X [Seal] Quewequeen The marke of X [Seal] Wawanecameck The marke of X [Seal] Mataris 4 Youths. [No. XXXVII] Grants 581 Memorand. That the young Indyans not being present at the Ensealing & delive[ry] of the within written deed, it was again delivered & acknowledged before them w[hose] names are here under written as witnes[ses.] Aprill the 15 th 1670. Signed in presence The Governo r Capt n Manning The Secretary. of The marke of X about 5 yeares old The marke of X about 6 yeares old The marke of X about 12 yeares old The marke of X about 12 yeares old The marke of X about 15 yeares old The marke of X about 20 yeares old Pewowahone. a boy Rok[o]que[s] a Girle. Shinginnemo. a Girle. Kanarehanse a Girle. Maquadus a young man. Asheharewas a young man. The Payment Agreed upon for y e Purchase of Staten- Island Conveyed this Day by y e Indian Sachems Proprieto" (vizt) 1 Fower hundred Fathom of Wampom 2 Thirty Match Coates 3 Eight Coats of Dozens made up 4 Thirty Shirts 5 Thirty Kettles 6 Twenty Gunnes A ffirkin of Powder 7 Sixty Barres of Lead 8 • J Thirty Axes 9 Thirty Howes & 10 Fifty Knives 1 1 Memorandum It is Covenanted & Agr[eed upon by & betweene y e ] within mentioned Francis Lovelace Esq 1 " Gover[no r ] &c for & in y e behalf e of his Royall Highn ss & y e w th in wrytten Sache[m]s on y e behalf e of themselues & all oth rs concerned before th'ensealing & delivery hereof 582 Colonial Charters [No. XXXVII] That Two or Three of y e said Sachems their heires or successo rs or so many Persons Imployed by them shall once every yeare (vizt) upon y e First day of May yearely after their surrend r repair to this ffort to acknowledge their Sale of the said Staten Island to y e Governour or his Successors to continue a mutuall freindship betweene them As witness their hands. The mark of X Aquepo The mark of X Wewanacamec [k] on y e behalfe of Minqua Sachemack The marke of X Aquepo on behalfe of Pemantowes [The] marke of X Aquepo on the behalfe of Warrines The marke of X Quewequeen The marke of X Wewanecameck The marke of X Mataris. Endorsed. Staten Island Deed of Purchase from the Indians 9 Apr i [3] 1670 Recorded y e Day & yeare w th in wrytten by me [Two seals] Matthias Nicolls Secf A warrant for M r Thomas Lovelace & M r Matthias Nicolls to take possion of Staten Island. These are to appoint yo u M r Thomas Lovelace & M r Matthias [Nicolls] to repayre this day to Staten Island 9 It will be noticed that the signature of Governor Francis Lovelace is not there. This was an indenture deed and the governor put his signature on that one of the two deeds which went to the custody of the Indians, and which is now in the New York Historical Society. [No. xxxvii] Grants 583 there to take possession by Turfe & Twigge & y e surrend r of y e said Island by y e Indian Sachems & Proprietors in y e name of his Royall Highness according to y e Teno r of y e bill of Sale & Purchase, & for so doeing this shall be yo r warrant, Given und r my hand at ffort James in New Yorke this 2 d day of May 1670. [Francis Lovelace.] LIST OF SOURCES OF MATERIAL Bibliography Asher, Georg Michael A bibliographical and historical essay on the Dutch books and pamphlets relating to New-Netherland and to the Dutch West- India Company. Amsterdam, 1854-67. Still an indispensable guide to every student of the history of New York under the Dutch.* Flagg, Charles Allcott, and Judson T. Jennings Bibliography of New York colonial history. Albany, 1901. A useful and practical reference guide to the printed materials relating to the Dutch and English periods to 1776, though not particularly accurate in spots. Published by the New York State Library as Bulletin — Bibliography 24. The New York Public Library Check list of works relating to the history (general, political, etc.) of the City of New York in The New York Public Library. In: Bulletin, v. 5 (1901), p. 97-127. Shows what the Library had in 1901. Considerably augmented since that date. Check list of maps and atlases relating to the City of New York, 1610-1900, in The New York Public Library. In: Bulletin, v. 5 (1901), p. 60-73. Shows what the Library had in 1901. Considerably augmented since that date. Manhattan maps, a co-operative list. Edited by Daniel C. Haskell, New York, 1931. Arranged chronologically from 1600 to 1930. NlJHOFF, MARTINUS The Hollanders in America. A choice collection of books, maps and pamphlets. The Hague, 1925. Issued as his Catalogue 518. * This and other notes on evaluations have been by permission adopted or adapted from. The New York Tercentenary, a descriptive list by Victor Hugo Paltsits of an exhibition held in the New York Public Library in 1926. [585] 586 Colonial Charters Paltsits, Victor Hugo The New York Tercentenary. An exhibition of the history of New Netherland. 1524-1674. N. Y. Public Library, 1926. A description of the books, maps, and manuscripts exhibited. Records Guides Fernow, Berthold, and A. J. F. van Laer Calendar of Council minutes, 1668-1783. Albany, 1902. This is a calendar of the English Executive Council minutes of the prov- ince of New York, issued as History bulletin 6 by the New York State Library. Holland Society of New York Dutch records in the City Clerk's Office, New York. In: Year book for 1900, p. 110-182, and for 1901, p. 121-176. Important for the location of real estate in New Amsterdam. Holland Society of New York Dutch West India Company manuscripts. In: Year book for 1892, p. 150-152. New York State Library Annotated list of the principal manuscripts in the State Library. In: State Library Bulletin History No. 3, June, 1899. New York State Library Catalogue of historical papers and parchments received by the State Library from the Secretary of State. (1849) New York State Library Report of the Director of the State Library — 1911. In: University of the State of New York Bulletin No. 545. Report on the damage caused by the Capitol fire. O'Callaghan, Edmund Bailey, editoi Calendar of N. Y. colonial manuscripts, indorsed land papers; in the office of the Secretary of State of New York. 1643-1803. Albany, 1864. It is an inventory to an important series of 63 large volumes of original manuscripts, consisting of documents, maps, surveys, etc., upon which grants of land were made, preserved in the Manuscript Division of the New York State Library, Albany, N. Y. Sources 587 O'Callaghan, Edmund Bailey, editor Calendar of historical manuscripts in the office of the Secretary of State, Albany, N. Y. Albany, 1865-66. 2 v. Part I — Dutch manuscripts, 1630-1664. Part II — English manuscripts, 1664-1776. These calendars have brief entries, more in the nature of an inventory. Since many of the original records to which they relate were burned in the Albany Capitol fire of March, 1911, the calendars have now peculiar interest, though they are not nearly accurate. O'Callaghan, Edmund Bailey, editor Index to volumes one, two and three of translations of Dutch manuscripts. Albany, 1870. This printed index relates to translations that O'Callaghan made of Dutch manuscripts in the archives of the State of New York. Some of these trans- lations as well as the original records were destroyed in the Albany Capitol fire of March, 1911. Secretary of State, New York Catalogue of Records of the Office of the Secretary of State with information pertaining to that office. Compiled by F. G. Jewett under John Palmer, Secretary of State, Albany. Brandow Print. Co., 1898. Printed Documentary Collections Artykelen, Van't overgaen van Nieuw-Nederlandt. Op den 27 Augustij, Oude Stijl, Anno 1664. Original Dutch broadside of the Articles of the surrender of New Nether- land to the English, evidently used as a poster in Holland. Also in Dutch in the Hollandsche Mercurius, Deel 15, p. 153-154. Colonial Laws of New York From the Year 1654 to the Revolution. 1894. 5 Vols. Published by the Statutory Revision Commission pursuant to L. 1891, ch. 125. Dutch West India Company Placcaet By de Hooghmo: Heeren Staten Generael der Vere- enighde Nederlanden, ghemaeckt op'tbesluyt vande West-Indissche Compagnie. 's Graven-Haghe, 1621. This is the edict issued by the States General paving the way for a charter. 588 Colonial Charters Dutch West India Company Octroy, By de Hooghe Mogende Heeren Staten Generael, verleent aende West-Indische Compagnie, in date den derden Junii 1621. 's Graven-Haghe, 1621. This is the first and official printed Dutch edition of the charter granted to the West India Company by the States General. An English edition appeared in the same year. What is perhaps the only known copy is in the Henry E. Huntington Library at San Marino, Cal. A French edition appeared at Paris in 1623, a copy of which is in the Bibliotheque Nationale, Paris. The Dutch text, with additions, was printed again three times in 1623, once in 1624, twice in 1629, and once in 1642. The official text is printed in the Groot Placaet Boeck, v. 1 (1658), columns 565-578. Fernow, Berthold, editor The records of New Amsterdam from 1653 to 1674 . . . New York, 1897. 7 v. Published under the authority of the City of New York. These volumes contain English translations by Berthold Fernow and E. B. O'Callaghan of the early Dutch court records and transcripts of the earliest Mayor's court minutes written in English. The originals are in possession of the City Clerk, Municipal Building. There are some gaps in the original records. Analyzed they are: Minutes of Court of Burgomasters and Schepens of New Amsterdam, 1653-1665; Court of Mayor and Aldermen of New York City, 1665-1673; Restored Court of Burgomasters and Schepens of New Orange, 1673-1674; Administrative minutes of the Burgomasters, March 8, 1657-January 28, 1661. Some ordinances are in v. 1. For continuation of Administrative minutes of the Burgomasters after 1661, see Minutes of the Orphanmasters Court, v. 2 (New York, 1907). Fernow, Berthold, editor Executive or administrative minutes of the Burgomasters of New Amsterdam. March 8, 1657, to January 28, 1661. In: Records of New Amsterdam, v. 7, p. 140-267. Printed here in English translation. Fernow, Berthold, editor The minutes of the Orphanmasters of New Amsterdam, 1655 to 1663. New York, 1902. [v. 1.] Covers only October 18, 1655, to November 22, 1663, though the entire manuscript minutes run to April 2, 1668. They have all been translated by E. B. O'Callaghan, but that translation was never printed. The O'Cal- laghan manuscript and the original minutes are in the custody of the City Clerk, Municipal Building, New York City. Fernow, Berthold, editor Minutes of the Orphanmasters Court, v. 2. New York, 1907. This composite volume is misnamed. It contains only English translations of Executive or administrative minutes of the burgomasters of New Amster- dam, February 11, 1661, to Mav 20, 1664, and Register of Walewyn vander Veen, notary public of New Amsterdam, May 20, 1662, to June ; 1664. Sources 589 Harlem (Town) Original manuscript records of the town of New Haerlem, 1662- 1788. 9 vols. In New York Public Library. Hempstead (Town) Records of the towns of North and South Hempstead. Printed by order of the Town Board of North Hempstead, Jamaica, N. Y. 1896-1904. 8 vols. New Netherland Papers Foundation of New Amsterdam as a municipality, February 2, 1653. The official promulgation by Director General Stuyvesant and the mem- bers of his provincial council — La Montagne, Brian Newton, and Cornells Van Tienhoven, of the grant of municipal government to the people of New Amsterdam, together with the rights and privileges thereof, and the manner of executing justice in the inferior court granted to the city. Also the formal oath of office taken by the city officials. The New York Public Library has two contemporary manuscript copies of this remarkable document, which had long been sought after and was recognized only a few years ago by Victor H. Paltsits whilst making researches for Stokes's Iconography of Manhattan Island, where it is now available in facsimile with an English translation. New Netherland Papers Extract from a general letter of Director-General Stuyvesant and council to the Directors at Amsterdam, October 30, 1655. Reveals that when Kieft left New Netherland in 1647, he took with him many of the older records. New York (City) Minutes of the Common Council of the City of New York. 1675- 1776. Published in 8 vols, under authority of the City of New York in 1905. New York — Province Bradford's Laws and Acts of the General Assembly of New York. William Bradford 1694. There is a facsimile with an introduction by Robert Ludlow Fowler. Published by the Grolier Club of New York. New York, 1894. O'Callaghan, Edmund Bailey, editor Laws and ordinances of New Netherland, 1638-1674. Com- piled and translated from the original Dutch records in the office of the Secretary of State, Albany, New York. Albany, Weed, Par- sons and Co., 1868. 590 Colonial Charters An indispensable volume for the administrative, legal, economic, and social history of the Dutch province. Some of these ordinances in a different English version are in v. 1 of Records of Neiv Amsterdam. O'Callaghan, Edmund Bailey, editor The documentary history of the State of New- York. Albany, 1849-51. 4 v. 8°. There is also an edition in 4 v. in 4°, published in 1850-51. Of the two editions the quarto is to be preferred. Among the papers printed here are texts relating to the Indians, to early settlements, and to New York City or parts thereof. Documents relative to the colonial history of the State of New York, procured in Holland, England and France by John Romeyn Brodhead. Albany, 1856—61. 10 v. and index. Continued or supplemented by v. 12-15, edited by Berthold Fernow, from archives in possession of the State of New York. Albany, 1877-83. The Holland documents in v. 1 and 2 of the O'Callaghan series have peculiar value for the history of New Netherland. There are some early items in the English documents that bear upon the Dutch occupation. The three volumes collected and edited by Fernow relate principally to settle- ments on the Hudson, on Long Island, and on the Delaware, though some documents bear also upon Manhattan Island history. A volume devoted to Manhattan Island was planned but never prepared for publication. Paltsits, Victor Hugo, editor Minutes of the Executive Council of the Province of New York. Administration of Francis Lovelace, 1668-1673. Albany, 1910. 2 v. These English documents are a bridge between the first surrender of New Netherland in 1664 and the return of the Dutch in 1673. There is a good deal in them that bears upon the Dutch in New York City. Publication of the State Historian of New York. Rasiere, Isaack de, secretary of New Netherland Letter to the directors of the Dutch West India Company, Cham- ber at Amsterdam. Dated at Fort Amsterdam on the island of Manhattes, September 23, 1626. It is the earliest letter written on Manhattan Island, the text of which has been preserved. This text is a contemporary copy now in the Henry E. Huntington Library and was printed for the first time in facsimile, with transliteration and an English translation in Documents relating to New Netherland, edited by A. J. F. van Laer, issued by that Library in 1924. The Dutch text has been reprinted (1925) in F. C. Wieder's De stichting van New York, p. 161-179, with critical and explanatory notes. Remonstrantie, vande bewinthebberen der Nederlantsche West- Indische Compagnie, aende d'Heeren Staten Generael over verscheyde specien van Tyrannye, ende gewelt, door de Engelsche in Nieuw-Nederlant. Schidam, 1663. Broadside. Sources 591 Only two copies are known, one at the University of Leyden and the other at the John Carter Brown Library, Providence. Photostat from the latter copy. The Remonstrance was made by the Directors of the Dutch West India Company to the Lords of the States General, charging acts of tyranny and violence committed by the English in New Netherland against the people in the Dutch province, and therefore they asked reparation and justice. Specifically, the complaints related to the New England invasion of the Dutch settlements on Long Island and the unsettled boundary disputes with Connecticut. There is an English translation in Asher's Bibliographical essay, p. 208 ff. There exists also an eight-page pamphlet, Naerder Klagh-Vertoogh (A futher complaint) printed in 1664, which is even more interesting. This, too, is translated in Asher, p. 210 ff. Riker, James, Jr. Extracts principally from town records of Newtown, L. I., con- sisting of one volume of Court minutes and five volumes of other records. Copied by James Riker, jr., in 1846. Manuscript volume. SCHAGHEN, PlETER Letter written at Amsterdam November 5, 1626. Announcing that the day before the ship "Wapen van Amsterdam" (Arms of Amsterdam) had arrived loaded with furs and bringing news, espe- cially that the Island Manhattes had been bought from the Indians for the value of sixty guilders or about twenty-four dollars. Photograph in N. Y. Public Library from the original record in the Rijksarchief at The Hague. English translations have appeared in Documents relating to colonial his- tory of the State of New York, v. 1, p. 37—38, and often since elsewhere ; and the Dutch text with an English translation in Year book of the Holland Society of New York for 1890, p. 152-153. There are three independent proofs of the purchase, first the Schaghen letter, second in Wassenaer's Historisch Verhael, both contemporary, and the minutes of the hearing before Governor Lovelace and his council, April 9, 1670, when the old records were produced as proof, printed in Neiv York Executive Council minutes, v. 1 (1910), d. 47. United New Netherland Company Charter granted by the States General October 11, 1614, bestow- ing a limited monopoly of trade in New Netherland for four voyages to be undertaken within three years. Facsimile of the original manuscript in the Rijksarchief at The Hague. An English translation was printed in Documents relating to the colonial history of the State of New York, v. 1 (1856), p. 11 ff. This translation needs revision. Van Laer, Arnold Johan Ferdinand, editor Van Rensselaer Bowier manuscripts, being the letters of Kilaen van Rensselaer, 1630-1643, and other documents relating to the colony of Rensselaerswyck. Translated and edited by A. J. F. van Laer. Albany, 1908. 592 Colonial Charters Most of the papers relate to the colony of Rensselaerswyck; but there is very valuable information touching upon the early history of New Amster- dam and other parts of New Netherland, and relative to the personal his- tory of early settlers. It is an indispensable body of primary materials, presented in a creditable manner by an editor who holds high rank in this field of Dutch documentation. [The so-called Van Rappard documents, 1624—1626.] In: F. C. Wieder, De stichting van New York, p. 97-179. The Dutch texts of five documents relating to New Netherland reprinted with useful notes and a pertinent introduction. These documents were first printed in the volume, published by The Henry E. Huntington Library, in 1924, as Documents relating to Neiv Netherland. Verrazzano, Giovanni da. Letter to Francis I., of France. July 8, 1524. The original Cellere Codex. Besides giving a pure text of the letter this Codex is notable because it presents for the first time the names Verrazzano gave to places in the region of New York with explanatory marginalia. When discovered and first printed in 1909 by Professor Bacchiani it was owned by Count Giulio Macchi di Cellere of Rome. It was purchased by the late J. Pierpont Morgan and is at present in The J. Pierpont Morgan Library. An excellent facsimile of the entire document is in Stokes's Iconography of Manhattan Island, v. 2 (1916). Letter to Francis I., of France, July 8, 1524. In: G. B. Ramusio, Navigationi et viaggi, v. 3 (Venezia, 1556). A second edition appeared in 1559. First publication, in a corrupted text. Letter to Francis I., of France. July 8, 1524. In: Richard Hakluyt, Divers voyages. London, 1582. First translation into English, from Ramusio's corrupted text. Reprinted in Collections of the New York Historical Society (1841) ; in Asher's Henry Hudson (1860), and elsewhere. Letter to Francis I., of France. July 8, 1524. In: Richard Hakluyt, Voyages. London, 1600. v. 3. Letter to Francis I., of France. July 8, 1524. In: Bollettino of the Societa geografica italiana, fasc. 11 (1909), p. 1274-1323. First printing of the text of the Cellere Codex, with critical comments by Professor Alessandro Bacchiani. Letter to Francis I., of France. July 8, 1524. In: Fifteenth annual report (1909) of the American Scenic and Historic Preservation Society, p. 135-226. The description of New York Harbor is on p. 188 ff. The text of the Cellere Codex as edited by Professor Bacchiani, accom- panied by the first English translation thereof and additional notes by Dr. Edward Hagaman Hall. Sources 593 Vryheden By de Vergaderinghe van de Negenthiene vande Geoctroyeerde West-Indische Compagnie vergunt aen alien den ghenen die eenighe Colonien in Nieu-Nederlandt sullen planten. Amstelredam, 1630. Freedoms and exemptions of the Dutch West India Company. This is the original edition of these orders by which the Directors of the Dutch West India Company, on June 7, 1629, granted encouragement for the planting of colonies and settlers in New Netherland, under which patroonships were begun. The first separate publication relating to New Netherland. A facsimile reprint was made in 1875 for George Henry Moore. The Dutch text is also in Wassenaer's Historisch Verhael, deel 18 (1630), and is an appendix to the Dutch Articulen relating to Brazil, printed at Amsterdam in 1631. An English translation made by Abraham Lott, Jr., in 1762, was used by Moulton in his History of New York, part 2 (1826). This translation slightly modified has been reprinted in Collections of New York Historical Society, series 2, v. 1 (1841), p. 370-377, and elsewhere. A revised translation from the text as it appeared in Wassenaer's His- torisch Verhael is in Jameson's Narratives of New Netherland (1909), and another revised translation from the text as it appeared in 1631 is in Van Rensselaer Bowier Manuscripts (1908), accompanied by the Dutch text. Secondary Sources Abbott, Wilbur Cortez Colonel John Scott of Long Island, 1634 (?)-1696. New Haven, 1918. Armbruster, Eugene L. The Indians of New England and New Netherland. [New York,] 1918. Issued in an edition of 200 copies. Armbruster, Eugene L. Bruijkleen Colonie, 1638. [New York,] 1918. Edition of 200 copies. Arnoux, William Henry The Dutch in America. New York, 1890. This historical argument was presented to the Court of Appeals of the State of New York in the Third Avenue Elevated R. R. case with respect to the ownership of the streets and the rights or easements therein. Asher, Georg Michael, editor Henry Hudson the navigator. The original documents in which his career is recorded. London, 1860. Includes Juet's journal from Purchas; extracts from the 1614 edition of Van Meteren, from the 1625 and 1630 editions of De Laet, and from the so-called Hudson tract of Hessel Gerritsz, etc. Published by the Hakluyt Society. 594 Colonial Charters Barber, John & Henry Howe Historical Collections of the State of New York. New York: S. Tuttle, 1844. Contains interesting facts, traditions, biographical sketches, anecdotes, etc., relating to its history and antiquities, with geographical descriptions of every township in the state. Beauchamp, William Martin Aboriginal place names of New York. Albany, 1907. Forms Bulletin 108 (Archeology 12) of the New York State Museum. A handy and useful work. Bellamy, Blanche Wilder Governor's Island. [New York, 1897.] Issued as v. 1, no. 4 of the Half Moon series. Appeared later as series 1, no. 12 of the reissue called Historic New York. Benson, Egbert Memoir, read before the Historical Society of the State of New- York, 31st December, 1816. New York, 1817. Memoir on Dutch and Indian names in New Netherland. Benson, Egbert Memoir read before the Historical Society of the State of New York, December 31, 1816. Second edition, with notes. Jamaica, 1825. Also reprinted from a copy with the author's last corrections, in Collec- tions of New York Historical Society, series 2, v. 1, part 1 (1848), p. 77-148. Bergen, Tunis Garret A history of the town of New Utrecht, N. Y. Brooklyn, N. Y., 1884. A separate edition from Stiles's Illustrated history of the county of Kings. Black, George Ashton The history of municipal ownership of land on Manhattan Island. New York, 1891. A scientific monograph which traces the municipal ownership of land from the grants to the city in 1658 to the ordinance of 1844. Issued as v. 1, no. 3 of the Columbia University studies in history, economics and public laiv. Bolton, Robert History of the County of Westchester, New York: J. J. Cass, 1905. 2 vols. Sources 595 Booth, Mary L. History of the City of New York. New York, E. P. Dutton & Co., 1880. Brevoort, James Carson Verrazano the navigator. New York, 1874. A critical examination of the letter written by Verrazzano to Francis I in 1524, and of the world map by his brother dated 1529. The critical notes fill nearly a hundred pages. In 1882, in Magazine of American history, Brevoort added to the subject. Brodhead, John Romeyn History of the State of New York. New York, 1853-71. 2 v. A constructive work of great value and accurately written from primary sources, many of which had never been used before by historians. In the early period it is now subject to revision. A second edition of v. 1 appeared in 1859. Manuscript for a third volume was prepared, but never printed, and is now lost. Clute, John J. Annals of Staten Island. New York, 1877. Useful, but poor in the period of the seventeenth century. Danckaerts, Jasper Journal of a voyage to New York . . . 1679-80. Translated from the original manuscript in Dutch . . . and edited by Henry C. Murphy. Brooklyn, 1867. The original Dutch manuscript, now owned by the Long Island Historical Society, turned up in Amsterdam and was bought in 1864 by Henry Cruse Murphy. It is a journal of the travels of two Labadists, followers of the theological doctrines of Jean de Labadie, who came over to America to find a suitable locality in which to establish a community, settling finally on a tract in Bohemia Manor, Maryland. They landed in New York City on September 23, 1679, and visited places in New York, New Jersey, Delaware, Maryland, and Massachusetts. The journal records what they saw, heard, or thought. It is no doubt valuable in some parts, yet needs to be discounted in other parts. The Dutch text has not been, but should be, published. This is the first publication of this journal, issued as Memoirs of Long Island Historical Society, v. 1 (Brooklyn, 1867). 100 copies were also issued separately in royal octavo and on thick paper. Journal . . . 1679-1680. Edited by B. B. James and J. F. Jameson. New York, 1913. Murphy's translation slightly revised, with some omissions. Has a valu- able introduction and more numerous annotations than Murphy's edition. Davis, William T. Staten Island Names. Ye olde names and nicknames. With map by C. W. Leng. New Brighton, N. Y. 1896. Proceedings of Nat. Science Assn. of Staten Island. Vol. VII, no. 15. March 10, 1900. 596 Colonial Charters Davis, William T. Supplement to Staten Island names. New Brighton, N. Y. 1903. Delavan, Edward C, Jr. Colonel Francis Lovelace and his plantation on Staten Island. Proceedings of Nat. Science Assn. of Staten Island. Vol. VII, no. 15. March 10, 1900. Denton, Daniel A Brief Description of New- York: Formerly Called New-Neth- erlands. London, 1670. Two copies are owned by The New York Public Library. Of about twenty-one extant copies only five have the title-page unmutilated at the bottom. The name "New Netherlands" used by the English is incorrect. The Dutch always used the singular, because they considered "New Netherland" a single province. The first separate account of New York in English. A Brief Description of New York . . . Edited by John Pen- nington. Philadelphia, 1845. In: Proceedings of the Historical Society of Pennsylvania, v. 1, no. 1 (March, 1845). This is the first reprint. Also issued separately. A Brief Description of New York. New York, 1845. This is a new edition by Gabriel Furman, forming no. 1 of Gowans's Bibliotheca Americana, with Penington's introduction. A Brief Description of New York. Cleveland, 1902. With a bibliographical introduction by Felix Neumann. Issued as no. 1 of the Burrows Brothers Reprints. A Brief Description of New York. New York, 1937. Reproduced from the original 1670 edition, with a bibliographical note, by Victor Hugo Paltsits. Published for the Facsimile text society by Columbia University Press. It is a reproduction of the original in the Columbia University Library. Donck, Adriaen VAN DER Beschryvinge van Nieuw-Nederlant. Aemsteldam, 1655. The Amsterdam Chamber of the Dutch West India Company consented to its publication on February 25, 1655, and as the author died that year in New Netherland, he may never have seen the published work, and certainly could not have been concerned with the second edition of 1656. The first edition has on p. 9 a restrike of the so-called view of "t'Fort nieuw Amsterdam op de Manhatans", repeated from the plate used in the Hartgers tract of 1651. Two variant issues exist of this edition. Donck, Adriaen van der Beschryvinge van Nieuw-Nederlant. Aemsteldam, Evert Nieu- wenhof, 1656. The so-called Hartgers view is omitted from this edition and in place Sources 597 thereof is a sectional map with another view derived from the N. J. Viss- cher map that came out after the publication of the first edition of Van der Donck. This new folded plate is often, though erroneously, called "Vander Donck's Map". He had nothing to do with it. This second edition is entirelv reset and has some changes of matter and also the addition of the "Conditien," or regulations for immigration to New Netherland. An English translation was made by Jeremiah Johnson, a former mayor of Brooklyn, and published in Collections of the New York Historical Society, series 2, v. 1 (1841), p. 125-242. Donck, Adriaen van der, and Others Vertoogh van Nieu-Neder-Land. 's-Graven-Hage, 1650. This work is the first in point of time that records the early history of New Netherland. Besides summarizing the events from the beginning to 1649, and giving an account of the Indians and of the physical features of the country, it is notable for the Remonstrance of the Board of Nine Men to the States General. It was prepared with the object of obtaining redresses of grievances — a protest against the arbitrary acts of Kieft and Stuyvesant. From this printed text an English translation was made by Henry C. Murphy, for Collections of New York Historical Society, series 2, v. 2 (1849), p. 251-338, which was also issued separately. This translation appeared again, entitled: The Representation of New Netherland (New York, 1854) ; and revised bv A. Clinton Crowell it is a part of Jameson's Narratives of New Netherland (1909). Vertoogh van Nieu Nederland (Notarial copy). Besides the text as printed at The Hague in 1650, there exists the orig- inal manuscript of the notarial copy, preserved in the Rijksarchief at The Hague; but this does not differ very materially from the printed text. This manuscript text was translated into English by E. B. O'Callaghan as Remonstrance of New Netherland and first appeared in Documents relating to the colonial history of the State of New York, v. 1 and also separately (Albany, 1856) ; and again in Pennsylvania Archives, series 2, v. 5. Durand, Edward Dana The finances of New York City. New York, 1898. An excellent treatise. The section on the early city begins with the founding of the municipality under the Dutch in 1653. Ehrlich, Morris William Historic traces on upper Manhattan. [New York,] 1910. A map. Only a few copies were struck off of this compiled historical map, showing the lines and landmarks of New Haerlem, as well as the present lines of city streets. Fernow, Berthold New Netherland, or the Dutch in North America. In: Justin Winsor's Narrative and critical history of America, v. 4, p. 395-442, with a critical essay on the sources of information. Fitzpatrick, Benedict, editor and others The Bronx and its People; a history, 1609-1927. 4 vols. New York, 1927. 598 Colonial Charters Fisher, Edmund D. Flatbush, past & present. Brooklyn, 1901. Published by the Flatbush Trust Company. Fiske, John The Dutch and Quaker colonies in America. Boston and New York, 1903. 2 v. This is the illustrated "de luxe" edition. It was originally published without illustrations in 1899. Always readable, but not always sound. French, J. H. Historical and Statistical Gazetteer of the State of New York. R. P. Smith, Syracuse, N. Y., 1860. Frost, Josephine C, editor Records of the town of Jamaica, Long Island, New York, 1656— 1751. Brooklyn, N. Y., L. I. Hist. Soc, 1914. 3 vols. Furman, Gabriel Notes, geographical and historical relating to the town of Brook- lyn, on Long Island, with notes, and a memoir of the author. Brook- lyn. Repr. for the Faust Club, 1865 Furman, Gabriel Antiquities of Long Island. New York, J. W. Bouton, 1875. Gerard, James Watson, Jr. A treatise on the title of the corporation and others to the streets, wharves, piers, parks, ferries, and other lands and franchises in the City of New York. New York, 1872. An important guide to the evolution of title in the city of New York. Includes ancient streets and roads. Gerard, James Watson, Jr. The old streets of New York under the Dutch. New York, 1874. A paper read before the New York Historical Society. Gerard, James Watson Anneke Jans Bogardus and her farm. In: Harper's magazine, v. 70 (May, 1885), p. 836-849. Gerritsz, Hessel Detectio Freti Hudsoni. The four original editions, 1612-1613, of the publication of Hessel Ger- ritsz, sometimes called the Hudson tract. Sources 599 Include a brief account of the third and fourth voyages of Hudson to discover a northeast or northwest passage to China and Japan. Gerritsz, Hessel Detectio Freti Hudsoni. Amsterdam, 1878. A reproduction with a new English translation of the original Dutch and Latin editions of 1612 and 1613, of the so-called Hudson tract. Goodwin, Maud Wilder Fort Amsterdam in the days of the Dutch. [New York, 1897.] Issued as v. 1, no. 8 of the Half Moon series. Also published as series 1, no. 1 in the reissue known as Historic Neiv York. Greene, Evarts B. & Richard B. Morris A guide to the principal sources for early American history (1600-1800) in the City of New York. New York, Columbia University Press, 1929. Half Moon Series. New York, 1897-98. There are 24 monographs in 24 parts, by different authors, forming two volumes, edited by Maud Wilder Goodwin and others. Interesting but must be used with caution on account of incompleteness, faulty deductions, and numerous errors of fact. Half Moon Series. Historic New York; being the . . . series of the Half Moon papers. New York, 1898-99. 2 v. This is the republication, extended with notes, maps, and illustrations. Hall, Edward Hagaman Henry Hudson and the discovery of the Hudson River. In: Fifteenth annual report, 1910, of the American Scenic and Historic Preservation Society, p. 227-346. Hall, Edward Hagaman History of the seal and flag. In : John B. Pine, editor, Seal and flag of the City of New York (New York, 1915), p. 22-67. Harrisse, Henry The discovery of North America; a critical, documentary, and historic investigation, with an essay on the early cartography of the new world, including descriptions of two hundred and fifty maps or globes existing or lost, constructed before the year 1536; to which are added a chronology of one hundred voyages westward, projected, attempted or accomplished between 1431 and 1504, biographical 600 Colonial Charters accounts of the three hundred pilots who first crossed the Atlantic; and a copious list of the original names of American regions caci- queships, mountains, islands, capes, gulfs, rivers, towns, and har- bours. London, H. Stevens and son. 1892. Hazard, Ebenezer Historical collections. Philadelphia, 1792-94. 2 v. There are statistics on the fur trade of New Netherland and the cost of government in v. 1, p. 397. Official correspondence of Kieft and Stuy- vesant with New England, principally respecting boundaries, is in v. 2. Hewitt, Edward Ringwood, and Mary Ashley Hewitt The Bowery. [New York, 1897.] Issued as v. 1, no. 12 of the Half Moon series. Later appeared as series 1, no. 11 in the reissue called Historic New York. Hoffman, Murray A treatise upon the estate and rights of the corporation of the City of New York, as proprietors. New York, 1853. This is the first edition. Here appeared a fictitious view of Hudson's ship at anchor, September 13, 1609. At p. 320 there is a folded plan of grants as far north as the Fresh Water. Superseded by the second edition in 1862. Hoffman, Murray Treatise upon the estate and rights of the corporation of the City of New York, as proprietor. New York, 1862. 2 v. Second edition. Materially revised in its historical and legal data. The second volume is an "Appendix" of notes and diagrams. Valuable for tracing the development of the waterfront and for studying the city's jurisdiction over streets, ferries, and markets. Holland Society of New York Early immigrants to New Netherland. List of owners of lots in New Amsterdam. In: Year book for 1896, p. 124-129, 167-177. Passengers to New Netherland. In: Year book for 1902, p. 1-37. Howell, George Rogers The date of the settlement of the colony of New York. Albany, 1897. Publication no. 1 of the New York Society, Founders and Patriots of America. The first substantial argument in favor of placing the first settlement under the Dutch West India Company at Fort Orange (Albany) in the year 1624. Sources 601 Jameson, John Franklin, editor Narratives of New Netherland, 1609-1664. New York, 1909. (Original narratives of early American history.) The most important single volume of early source material for the history of New York during the Dutch regime. The documents have illuminating introductions, are annotated, and the English translations are better than those that were printed hitherto. Jameson, John Franklin The origin and development of the municipal government of New York City. In: Magazine of American history, v. 8 (1882). Janvier, Thomas Allibone The founding of New York. A series of articles written for the New York Times, May 25-31, 1903. In commemoration of the 250th anniversary of the founding of municipal government in the City of New York. Mounted clippings. Jenkins, Stephen The story of the Bronx. New York and London, 1912. A useful compilation. The author was a school teacher in the region of which the book treats. Jogues, Father Isaac Novum Belgium. [Dated :] Des 3 Rivieres en la Nouvelle France 3 Augusti, 1646. In this document the Jesuit missionary narrates his experiences and observa- tions in New Amsterdam in 1643. The original manuscript is in St. Mary's College, Montreal. First printed in any form in Documentary history of New York, v. 4 (Albany, 1851). The French text was first printed in 1852 in an appendix to a reprint of Bressani's Relatione. Novum Belgium. In: Documentary history of New York, v. 4 (Albany, 1851). The first English translation by Rev. Felix Martin, and first printing thereof in any form. Novum Belgium. In: F. G. Bressani, Relation abregee . . . Traduit . . . et augmente . . . par le R. P. F. Martin (Montreal, 1852). The first printing of the French text. Novum Belgium. In: Collections of New York Historical Society, series 2, v. 3, part 1 (1857), in the "Jogues Papers". A new English translation by T- G. Shea. A preprint of these papers was issued in 1856. Novum Belgium. In: J. G. Shea, Relations (New York, 1862). The French text. 602 Colonial Charters Novum Belgium. New York, 1862. A privately-printed volume. With a totally different translation by J. G. Shea and for the first time a facsimile of the original manuscript. Novum Belgium. In: R. G. Thwaites, Jesuit relations, v. 28 (1898), p. 104-115. The best modern printing of text and parallel English translation, with a bibliography by V. H. Paltsits of its various issues. Novum Belgium. In: Felix Martin, Le P. Isaac J agues, de la Compagnie de Jesus, premier apotre des Iroquois (Paris, 1873). Another edition was issued in Quebec, 1874. Juet, Robert The third Voyage of Master Henry Hudson. 1609. In: Purchas his pilgrimes, v. 3 (London, 1625), p. 581—595. Also in the reprint of Purchas, v. 13, London, 1906; and wholly or in part in Collections of New York Historical Society, series 1, v. 1 and series 2, v. 1 ; in Asher's Henry Hudson (1860) ; Old South leaflets, no. 94; Eleventh annual report of American Scenic and Historic Preservation Society, and again in its Fifteenth annual report; Hart's Contemporaries, v. 1 ; an3 Jameson's Narratives of New Netherland, which is perhaps the latest and best available form. Laet, Joannes de Historie ofte Jaerlijck Verhael. Leyden, 1644. This work covers the activities of the Dutch West India Company from its beginning to 1630. There is virtually nothing in it about New Nether- land. The author intended to continue the work, but that was not done. Gives the Charter of 1621 and other documents, as well as a list of the Directors of the Company. Laet, Joannes de Nieuwe Wereldt ofte Beschrijvinghe van West-Indien. Leyden, 1625. This is the first edition of this notable work by a Director of the Dutch West India Company, who was one of the inner circle or executive body known as the College of the Nineteen. Book III, chapters 7 to 11, is a description of New Netherland. Moreover, chapter 7 on Hudson's discovery is perhaps based on a now lost journal of Hudson and other papers of Hudson. Translations of the New Netherland matter are in Collections of New York Historical Society, series 2, v. 1 (1841), p. 281-316 and v. 2 (1849), p. 371-373, and the best translation, embodying the longer additions of the Dutch edition of 1630 and the variants of the Latin and French versions, is in Jameson's Narratives of New Netherland, p. 36-60. Lambrechtsen, Nicolaas Cornelis Korte beschrijving van de ontdekking en der verdere lotgevallen van Nieuw-Nederland. Middelburg, 1818. An excellent treatise for so early a date, as it was mainly written in 1813- 1815. The author made good use of Dutch sources then almost unknown to American writers. Sources 603 In 1819 an English translation was made by Frangois Adriaan van der Kemp, which, with notes added, was printed in Collections of the New York Historical Society, series 2, v. 1 (1841), p. 75-123. Leng, Charles William and Edward C. Delavan, Jr. A condensed history of Staten Island. [New York,] 1924. Issued by The Staten Island Edison Corporation. New and accurate data are presented here for the first time. Megapolensis, Joannes, Jr. A short sketch of the Mohawk Indians in New Netherland. Translated into English for Hazard's Historical collections, v. 1 (1792), and revised for New York Historical Society's Collections, series 2, v. 3, part 1 (1857). The original Dutch tract was printed in 1644 and only two copies are known. The English version follows a reprint of the Dutch text in Beschrijvinghe van Virginia, 1651. Mershon, Stephon Lyon English crown grants. New York, 1918. Mershon, Stephon Lyon The Symes Foundation on Staten Island. Montclair, N. J., 1923. Mershon, Stephon Lyon The Major and the Queen. New York, 1915. Meteren, Emanuel van Commentarien ofte Memorien van den Nederlantsen Staet . . . ende Gheschiedenissen van onsen tyden. Deel 2. Preface dated February, 1610. Earliest printed account of Hudson's voyage of 1609. The only known copy of this second volume of Van Meteren's last revision and genuine edition is in the Library of Congress. Until the discovery of the above volume, a rare edition of 1611, now known to be a pirated edition, was considered to be the earliest printed account, and it was more common to refer to the 1614 edition for Van Meteren's text, because in that form it was more easily available. The 1611 pirated edition reads: Belgische ofte nederlantsche oorlogen ende gheschiedenissen. Moulton, Joseph White History of the State of New-York including its aboriginal and colonial annals. New- York, 1824—26. 2 v. Part 2 is entitled: Novum Belgium. These volumes have been responsible for numerous errors in New York history. They can be used onlv by specialists with great caution. Yates, whose name is al»o given on the title of v. 1, wrote none of them. Mott, Hopper Striker The New York of yesterday. A descriptive narrative of old Bloomingdale. New York, 1908. Illustrated. A good regional history. 604 Colonial Charters Murphy, Henry Cruse Henry Hudson in Holland. An inquiry into the origin and objects of the voyage which led to the discovery of the Hudson River. The Hague, 1859. This is the first edition. Murphy, Henry Cruse Henry Hudson in Holland . . . Reprinted, with notes, docu- ments and a bibliography, by Wouter Nijhoff. The Hague, 1909. Issued by the Linschoten-Vereeniging. This fine edition gives for the first time in one block the known Dutch texts of "all the original documents relating to the third voyage" of Hudson in 1609. Murphy, Henry Cruse The voyage of Verrazzano: a chapter in the early history of maritime discovery in America. New York, 1875. The author's object was "to show the claim of discovery in America by Verrazzano to be without anv real foundation." The book has much val- uable information; but his main contention has been upset by later discoveries. Nash, Stephen Payne Anneke Jans Bogardus ; her farm, and how it became the prop- erty of Trinity Church, New York. New York, 1896. New York Historical Society Proceedings for 1843-1849. New York, 1844-49. 7 v. The principal articles relating to New Netherland and Manhattan Island are: De Witt's New Netherland (1844) ; Brodhead's observations respecting two ancient maps of New Netherland (1845) ; De Rasiere's letter and por- tions of Wassenaer (1847) ; George H. Moore's Peter Minuit (1849). O'Callaghan, Edmund Bailey History of New Netherland ; or, New York under the Dutch. New York, 1846-48. 2 v. Dr. O'Callaghan was the first historian to write a history of New Nether- land derived from a mass oi original sources in the archives of the State of New York, in England, and in Holland. He was the first to explore and use the Rensselaerswyck papers. The publication of these volumes, the "abor of years, netted no pay to the author. v. 1 takes the history through 1646; v. 2 covers 1647-1664. The appendices of both volumes contain documents. There is an issue in which both volumes are dated 1848; also a second edition of 1855. The author's set with numerous revisions, etc., intended for a new edition, revealing new sources of information, is in the N. Y. Public Library. O'Callaghan, Edmund Bailey, translator A brief and true narrative of the hostile conduct of the barbarous natives towards the Dutch nation. Albany, 1863. A petition from New Netherland, dated October 31, 1655. On p. 21-48 there are illustrative documents, as the treaty with the Indians of August, 1645, and pieces of 1655-1656. Sources 605 Osgood, Herbert L. Report on the archives and public records of the State of New- York and New York City. Govt. Printing Office, 1901. Printed as Report of Amr. Hist. Assn. Paltsits, Victor Hugo The transition from Dutch to English government in the City of New York. In: John B. Pine, editor, Seal and flag of the City of New York. New York, 1915. Prepared for the City's official celebration of the 250th anniversary of the event, June 24, 1915. Paltsits, Victor Hugo Daniel Denton's Description of New York in 1670. In: The New York Public Library. Two important gifts . . . by Mr. George F. Baker, Jr. New York, 1924. p. 9-14. An account of Denton's Description of New York with a sketch of the author and an analysis of his book, together with a complete census of the known copies thereof. Also in Bulletin of New York Public Library, v. 28 (1924), p. 599-604. See also bibliographical note by Victor Hugo Paltsits in facsimile edition of Daniel Denton's Description published by the Columbia University Press, 1937. Paltsits, Victor Hugo The founding of New Amsterdam in 1626. Worcester, Mass., 1925. A limited separate issue from Proceedings of the American Antiquarian Society for April, 1924. The author's conclusions are given on p. 17, "that, so far as the present confines of the State of New York are concerned, the first settlement was made in 1624 at Fort Orange (now Albany) ; that this settlement was aug- mented by other settlers in 1625; that the first permanent settlement on Manattan Island was begun in 1626 by the founding of New Amsterdam." Pierce, Carl Horton New Harlem, past and present. New York, 1903. Issued in support of the claimants for Harlem lands. Documents are given in appendices. Pierrepont, Henry Evelyn Historical sketch of the Fulton Ferry and its associated ferries. Brooklyn, 1879. The first ferry from Manhattan Island to Long Island. Documentary appendices fill 156 pages. Printed for the private use of the Company. Pirsson, John W. The Dutch grants, Harlem patents and tidal creeks. New York, 1889. Relates to titles to meadows in the bay of Hell Gate, the Harlem Mill Creek, the Harlem Mill Pond, Montagne's Point, Montagne's Flat, and Van Keulen's Hook. Dutch records and patents are in an appendix. 606 Colonial Charters Post, John J. Old streets, roads, lanes, piers and wharves of New York, show- ing the former and present names. New York, 1882. A useful street catalogue. Post, John J. Abstract of title of Kip's Bay Farm in the City of New York . . . also, The early history of the Kip family. New York, 1894. 3 v. Under its primitive Dutch grant, before it was the property of the Kip family, this farm was a tobacco plantation of Hall and Holmes. Putnam, Harrington Origin of Breuckelen. New York, 1898. Issued as v. 2, no. 11 of the Half Moon series. Putnam, Ruth Annetje Jan's farm, with some tidings of its first possessors and the later fruits it bore. New York, 1897. In: Historic New York, series 1, p. 119—158. Riker, James Revised history of Harlem (City of New York.) Its origin and early annals. New York, 1904. Edition "revised from the author's notes and enlarged by Henry Pen- nington Toler, and edited by Sterling Potter." There are considerable additions to the genealogies. Riker, James Harlem (City of New York) ; its origin and early annals. New York, 1881. The original edition of this useful local history, the result of patient research covering a quarter of a century. It portrays the land system, social and economic conditions, and government of this town during the seventeenth century. Riker, James Mr. Riker's manuscript Harlem notes; a chronological record. Under date of January 16, 1673, is a "List of Town Papers." Riker, James, Jr. The annals of Newton, in Queens county, New-York. New- York, 1852. The most valuable regional history in the territory of the present borough of Queens. Ross, Peter History of Long Island. 1902. 2 vols. Sources 607 RUTTENBER, EDWARD MANNING Footprints of the Red Men. Indian geographical names in the valley of Hudson's River. Newburgh, 1906. In: Proceedings of New York State Historical Association, v. 6 (1906). There was also a separate issue. Manhattan and its local names on p. 13ff. Scharf, J. Thomas History of Westchester County. Skinner, Alanson The Indians of Manhattan Island and vicinity. New York, 1909. Issued by the American Museum of Natural History as an exhibtion Guide Leaflet, no. 29, in connection with the Hudson-Fulton Celebration, September, 1909. Skinner, Alanson The Indians of Greater New York. Cedar Rapids, Iowa, 1915. A readable as well as interesting portrayal of the subject; treats also of the archaeology of the Indians in the greater city. Forms no. 3 of a series called Little histories of North American Indians. Smith, William The history of the province of New- York. London, 1757. First general history of New York. The history of the late province of New- York, from its discovery, to the appointment of Governor Colden, in 1762. New-York, Pub. under the direction of The New York Hist. Soc, 1829. Also printed as vol. IV (1829) and vol. V (1830) Collections of the N. Y. Hist. Soc. Stiles, Henry Reed A history of the city of Brooklyn. Brooklyn, 1867-70. 3 v. The history of Manhattan Island is involved, especially in the first volume. Stiles also edited an Illustrated history of the county of Kings and the city of Brooklyn, 1884, in two volumes. Stokes, Isaac Newton Phelps The iconography of Manhattan Island, 1498-1909. This monumental work consists of six volumes. The contents are as follows: v. 1 (1915): Chapter I: The period of discovery, 1524-1609; the Dutch period, 1609-1664. Chapter II: The first years of the English period. v. 2 (1916): The early cartography of the vicinity of Manhattan Island; First Dutch surveys, 1614—1616: First maps and globes published in Holland showing Manhattan Island, 1617-1635; English maps of the region after Hudson, 1610-1646; Second Dutch surveys, 1630-1650, including the Minuit maps, Manatus maps, and Janssonnius-Visscher map and successors; Maps 608 Colonial Charters of Spanish, Portuguese, French, German, and Indian sources, etc.; the Castello plan, 1660; Dutch grants map and key thereto. v. 3 (1918) : The Landmark map with reference key thereto. v. 4 (1922): Historical chronology to 1674, covering more than 300 pages, double columns, in very small (7-point) type; notable reproductions of sources. v. 5 (1926): Contains the rest of the Historical chronology (1776-1909), with additions, etc., to the earlier period. v. 6 (1928): Contains an elaborate index, etc. The thousands of pages of text and hundreds of views, maps, plans, fac- similes of documents, and other illustrative matter, all done in the best fashion of the typographic and graphic arts, together with its mass of solid information drawn from original sources, render this work an enduring monument. For no other city is there a work at all comparable to it. Strong, Thomas Morris The history of the town of Flatbush. New- York, 1842. Tienhoven, Cornelis van, Secretary of New Netherland. Answer to the representation of New Netherland [otherwise known as Vertoogk\. Translated by Henry Cruse Murphy. In: Collections of New York Historical Society, series 2, v. 2 (1849), p. 329-338. Another translation by Edmund Bailey O'Callaghan is in Documents relating to the colonial historv of the State of Neiv York, v. 1 (1856), p. 422 ff. This translation also appeared the same year in the separate issue of his edition of the Remonstrance, Albany, 1856. Murphy's translation revised from the original manuscript in the Rijksar- chief at The Hague by William I. Hull is in Jameson's Narratives of Neiv Netherland, p. 359-377. This is the preferred form in an English dress. Thompson, Benjamin Franklin History of Long Island. 1918. 3 vols. Tooker, William Wallace The origin of the name Manhattan, with historical and ethnologi- cal notes. New York, 1901. (Algonquian series, no. 1.) It is here revised and enlarged. The author concludes that the name was derived from Manahatin, the oldest form, and is descriptive, signifying "the island of hills." Trask, Spencer Bowling Green. New York, 1898. A separate issue. Also in Half Moon series, v. 2, no. 5 (May, 1898), and in the reissue known as Historic Neiv York, v. 2, p. 163-208. Tuttle, Henry Croswell Abstracts of farm titles in the City of New York, East Side, between 75th and 120th Streets. New York, 1878. Yorkville and Harlem. Sources 609 Van Rensselaer, Mariana Griswold (Mrs. Schuyler Van Rensselaer) New York and its historians. In: North American review, v. 171 (1900), p. 724-733, 872-883. Two fine chapters, in the first of which the author points out the preju- diced, erroneous, and careless writing of the history of the City of New York by earlier historians, and the bad effect which Washington Irving's lampoon History by Diedrich Knickerbocker has had. The second part gives an excellent sketch of the rise of scholarly historical research in New York and its fruition in the pioneer works of O'Callaghan and Brodhead. Van Rensselaer, Mariana Griswold (Mrs. Schuyler Van Rensselaer) History of the City of New York in the seventeenth century. New York, 1909. 2 v. v. 1: New Amsterdam to 1664. v. 2: New Orange and New York, 1664-1691. This is a capital work — the first really serious endeavor to write a history of the city under the Dutch and early English administrations, in which the affairs of the city have been emphasized and in which the provincial history has been made a background in perspective. The "reference notes" at the end of each chapter and the catalogue of 550 titles at the end of the second volume show how extensively her reseaches have been carried on. Van Wyck, Frederick Keskachauge ; or, The first white settlement on Long Island. New York & London, 1924. A sumptuous work dealing with the lands of the Canarise Indians in the region of the present borough of Brooklyn, its settlement and early settlers. Illustrated with maps and views. Van Wyck, Frederick Long Island Colonial Patents. A. A. Beauchamp, Boston, (1935). Prints copies of 17th century English land grant and fisheries patents, beginning with Charles II's grant of New Netherland to the Duke of York, and including the Easthampton, Flatlands, Hempstead, Smithtown, and Southold patents, with bibliographical and historical notes. Van Wyck, Frederick Select Patents of New York Towns. A. A. Beauchamp, Boston, (1938). Valentine, David Thomas History of the City of New York. New York, 1853. The appendix contains a descriptive list from early grants and deeds (1637-1680) of places on Manhattan Island, and endeavors to identify them with respect to their modern locations. There are also lists of inhabitants in 1653, 1655, 1674; the Selyns list of members of the Dutch Church, 1686, etc. It has been alleged that Tohn Paulding is the virtual author of this his- tory. Valentine makes acknowledgment to Paulding for particular aid, but in the copyright as in the book, Valentine's claim to authorship is very definite. 610 Colonial Charters Valentine, David Thomas, and others, editors. Manual of the corporation of the City of New York, commonly known as Valentine's Manual, 1841-2 to 1870. 28 v. The volumes to 1866, inclusive, were edited by David T. Valentine, Clerk of the Common Council; those of 1868 and 1869 were issued by J. Shannon, and 1870 by John Hardy. No Manuals were published for the calendar years 1846 and 1867. Each volume contains a record of the year's administration of the city. This once despised material has become the soundest evidence for the historian and economist. The supplementary materials, embracing contributed historical articles, extracts, translations from or copies of records, etc., are less sound ; because the texts are often not copied correctly, and deductions of contributors are too often untrustworthy. This mass of unsystematic material, in the hitherto uncritical use of it, has done much to discredit the written history of Manhattan Island during the Dutch and English periods. An index to the historical additions was published by Otto Hufeland in 1900, and lists of the illustrations appeared in the Manuals of 1857 and 1863, in Pasko's Old New York, v. 1, and more particularly in a separate volume published by the Society of Iconophiles in 1906. Venn, Florence The Visscher Map. Soc. Indiana Pioneers Yr. Bk. (1928) pp. 27-31. Historical and descriptive account of the map of New Netherland made by N. J. Visscher of Amsterdam (1655) here reproduced from a copy in the British museum. Versteeg, Dingman New Netherland's founding. [New York,] 1924. Published by the Holland Society of New York. The writer suggested 1625 as the first settlement of Manhattan Island. Versteeg, Dingman The City of New Amsterdam. In: Year book of the Holland Society of New York for 1903, p. 172-204. Viele, Egbert Ludovickus The topography and hydrology of New York. New York, 1865. Contains a large topographical map showing the original watercourses and made land of Manhattan Island. Reissued on five sheets in 1874. Vries, David Pietersz. de Korte Historiael ende Journaels. Alkmaar, 1655. Records his various voyages in the four parts of the world. His interest in New Netherland was first brought about by a conversation with Samuel Godijn in 1630, leading to the founding of the patroonship of Zwanendael (now in the state of Delaware). He also had later interests on Staten Island. Sources 611 An English translation by Henry Cruse Murphy of the parts relating to America appeared in Collections of New York Historical Society, series 2, v. 3, p. 9-136, and was privately reprinted in 1853 for James Lenox. Vries, David Pietersz. de Voyages from Holland to America, a.d. 1632 to 1644. Trans- lated from the Dutch, by Henry C. Murphy. New York, 1853. Wassenaer, Nicolaes van and Barnet Lampe Historisch verhael alder ghedenck-weerdichste geschiedenissen ... in Europa . . . voorgevallen syn. Amstelredam, 1622—35. 21 parts Parts 1 to 17 by Wassenaer and 18-21 by Lampe. Accounts of the first settlement, with history and descriptions of New Netherland, are in part 6 (folio 144) ; part 7 (folios 10 and 11) ; part 8 (folios 84 and 85); part 9 (folios 37, 40, 44, and 123); part 10 (folios 82 and 83, misnumbered 81 and 84) ; part 2 (folios 37 and 38) ; part 16 (folio 13) ; part 18 (folios 94 to 98). Issued as semi-annual annals contemporary with the events narrated. One of the few really important sources of information respecting the early history of New Netherland. First made use of by American historians by J. R. Brodhead in Collections of New York Historical Society, series 2, v. 2 (1849), p. 355-366. The first English translation of parts relating to New Netherland appeared in Docu- mentary history of New York, v. 3 (1850). The best English translation of all that has relation to New Netherland is in Jameson's Narratives of Ne••:' L .".'; ™"' Cihj.lB FLULANOi (TOWN) [Erected b*. L 1766 Part IoLja from era L 1889 MS Alio" Ch,*fe r »kvbuiiB h.M] ... .;■■ SOAveSEND (TO**) jE^W^LiW^hM] newlq TS |^nT LlSSf Ch 4t7]*Hunr,.:.(df „USHAI,K(TOrVN) L17BB ChU) r zF MEMPSTEAO (TOWN) [Ere UffYa'kCity Jin 1,1696 L0N6 ISL4H0 CITY (CHy) HXcM L 1870 C .,,. , L .*'ra'" '" HEW rOWN ■'■' rVN] J jan I.IB9B l»|l*3«l FLUSHING (TOWM) [e<« jam*IC« (to**) jo-, i.ieaa OROUGH OF RICHMOND (ti!«".«iHM,) M.DOLETOW.V. (TOWN J ■ in -,vn) lEr.tMf* L l7(JBO L4j N. B Y.rkti(gS '."' Wl .,.,, ■. ,,„,*,,, ., ,, : i;»8 Ch 6*1 NORTHF.ELP [TOffN] B«t >-i £•$»•■ CHART SHOWING THE COMMUNITIES CONSOLIDATED INTO THE GREATER CITY OF NEW YORK p,epar*d by the Author