LONG ISLAND Colonid PATENTS BY FREDERICK VAN WYCK BOSTON A. A. BEAUCHAMP I935 PREFACE LL the publications cited by the author in this A tract have been consulted in the Boston Public Library, the Harvard Law Library, and the library of the New England Historic Genealogical So- ciety, some in one of them and some in the others, and for the unfailing courtesy shown to him by all three of these libraries and for the favors and privi- leges freely extended to him by all of them while he was making these researches he expresses here his appreciation and gratitude. The first patent by the King to the Duke and the Duke's commission to Governor Nicolls have been reproduced from photostatic copies of these instru- ments as published by Brodhead. The comparing of the other quoted matter in Part I with the sources has been done without assistance, and while care has been exercised it is hoped that those interested in the subject will consult these sources direct. As is in effect said in the tract, it is mainly a collection of authorities thought to have a bearing on a certain legal question, but arguments have been avoided and no assertive position on the question is taken. -..+. $ On the subject of Seventeenth Century chirography, reference is here made to Oyster Bay Town Records, Volume I-1653-1690 . Compared, Annotated Cvl and Indexed By John Cox, Jr., New York, Tobias A. Wright, Printer and Publisher, 1916, " Introduction," at pages viii, ix. It is there said: "The most common contraction was the use of y for th, at the beginning of a word, with the re- mainder of the word raised, as ye for the . These . letters have not been raised in this copy. When c was substituted for ti, as in consideracon, a mark was used to indicate the sound. Writers generally did not double m in such words as common, but put a mark over the letter to indicate the omission of the second consonant. No attempt has been made to reproduce the superior marks and specially formed letters, ex- cept as here stated, as no increased clarity would result and the text would be confusing to the average reader. The capitalization has been followed as closely as may well be done, rendering for the ancient capital F the nearest printable approximation, ff . .7 7 In the present tract " the superior marks " have been in most cases omitted, as well as the punctuation marks under the raised letters. The use of y for th is more fully explained in the Oxford Dictionary, under "Y" and "Th." 49 Wall Street, New York City, January, 1935- CONTENTS PARTI CHAPTER PAGE I . The Patents Generally ....*** 3 I1. Several Fisheries .........41 I11 . The Long Island Fisheries ......66 IV. New York Colonial Statutes ..... 96 SUBDIVISION I . Easthampton Patents .......113 I1 . Flatlands Patents .........131 I11 • Hempstead Patents ........145 IV. Smithtown Patents ........162 V . The Southold Patent ........168 VI . Two Manhattan Patents .......172 ILLUSTRATIONS............ ix [ vii 1 ILLUSTRATIONS PLATE FACING PAGE I. The Five Children of Charles I . Frontispiece 2. Elizabeth of York . 3 3. Windsor Castle, from the Clewer Meadow . 41 4. Windsor Castle, from the Eton Playing Fields 66 5. The Castles of Nassau and Stein . 96 6. Mary, Queenof Scots . 113 7. Richmond Hill and Bridge, Surrey . I 33 8. Richmond Terrace, Surrey. 131 g. Hampton Court Palace . 145 10. Trematon Castle, Cornwall . I 62 I I. Eton, from Windsor Castle Terrace . I 68 I 2. Eton, from the Playing Fields . I 72 Plate I. -The Five Children of Charles I. (From a photograph of the copy in the Royal Gallery, Berlin.) " Five figures, full-length. Vandyke. Painted in I 637. Prince Charles, then seven years old, with his hand on a large dog; the Princess Mary; James Duke of York, then four years old; the Princess Elizabeth, and the Princess Anne, who died an infant. This fine picture hung in King Charles's breakfast-room at Whitehall. George 111. pur- chased it from the Earl of Portmore." (A Summer's Day at Windsor, and A Visit to Eton. By Edward Jesse, Sur- veyor of Her Majesty's Parks and Palaces, A New Edi- tion, London, John Murray, 1843, p. 68, under the heading, "The Vandyke Room," p. 67.) Ckl The large dog is a boarhound. (Anthony Van Dyck, An Historical Study of His Life and Works. By Lionel Cust, F.S.A., Director of the National Portrait Gallery, Lon- don, Honorary Member of the Royal Academy of Fine Arts at Antwerp, Chevalier of the Order of Liopold. London, George Bell and Sons, I goo, p. I I I. The book is a large folio, and was printed at the Chiswick Press, Charles Whittingham and Co., London.) Plate 2. - "ELIZABETHOF YORK. QUEEN TO HENRY THE SEVENTH.OB. I 502. FROMTHE ORIGINALIN THE COLLECTIONOF THE RIGHTHONBLE THE EARLOF ESSEX." (From Portraits of Illustrious Personages of Great Brit- ain. Engraved from Authentic Pictures in the Galleries of the Nobility and the Public Collections of the Country. With Biographical and Historical Memoirs of Their Lives and Actions, By Edmund Lodge, Esq., F.S.A. Twelve Volumes. London, Harding and Lepard, I 83 5, Vol. I, Plate I. Engraved by W. Holl. On the plate stands, "London, Published Sep* I, 1833, by Harding & Lepard, Pall Mall East." In the " CHRONOLOGICALAR- RANGEMENT OF THE WHOLEOF THE PLATES,DIVIDED INTO VOLUMES,AND CONSISTINGOF TWOHUNDRED AND FORTYPORTRAITS," Plate I, Vol. I, is listed as " ELIZA- BETH OF YORK,QUEEN TO HENRYTHE SEVENTH.1502 " ; "From the Collection of the Right Honourable the Earl of Essex, at Cashiobury." - Zbid., p. I .) THE WHITE ROSE Sent by a Yorkish lover to his Lancastrian mistress. If this fair rose offend thy sight, Placed in thy bosom bare, 'Twill blush to find itself less white, And turn Lancastrian there. But if thy ruby lip it spy, As kiss it thou mayest deign, With envy pale 'twill lose its dye, And Yorkish turn again. Anonymous. s- 7 (A Library of Poetry and Song, Being Choice Selections from the Be,t Poets, With an Introduction By William Cullen Bryant, New York, J. B. Ford and Company, I 874, Po 39.1 Plate 3. -"Windsor Castle. From the Clewer Meadow." (From Windsor Castle and Its Environs, Including Eton College. By Leitch Ritchie, Esq., Sec- ond Edition, With Additions By Edward Jesse, Esq., Embellished with Numerous Engravings by the First Artists. London, Henry G. Bohn, 1848, Plate facing p. 138. Artist, J. D. Harding, engraver, J. B. Allen.) Plate 4. - "Windsor Castle. From the Eton Playing Fields." (From Ritchie's Windsor Castle and Its Environs, Including Eton College, 2nd ed., by Jesse, London, Henry G. Bohn, I 848, Plate facing p. 148. Artist, J. D. Hard- ing, engraver, J. T. Willmore.) Plate 5. - "THECASTLES OF NASSAUAND STEIN." (From A Tour through part of Belgium and the Rhenish Provinces. The author's name is not given, but from the text matter it appears that the Duke of Rutland was the author. London, Printed for Rodwell and Martin, I 822, Plate facing p. 84. The book is a large but not thick quarto, and has thirteen plates of lithographed illustra- tions. Under the lower left-hand corner of each illustra- tion stands, "Sketched by Elizh Duchess of Rutland "; under the lower right-hand corner, " Drawn on Stone by J. D. Harding." On the plate stands in each case, " Lon- don. Pubd by Rodwell and Martin, New Bond St. Apl 10, I 822." Each plate has on it, " Printed by C. Hullmandel." The book was printed by Thomas Davison, London. The illustrations range in length from about 8 to 9% inches, and in width from about 5% to 6% inches.) John Henry Manners, Fifth Duke of Rutland, who was born January 4, I 77 8, and died January 20, I 8 57, married [: xi 1 Lady Elizabeth Howard, daughter of the Fifth Earl of Carlisle. (Dictionary of National Biography. Edited by Sidney Lee. London, Smith, Elder, & Co., Vol. XXXVI, 1893, PP* 47, 48.) Plate 6.-"MARY, QUEEN OF SCOTS. OB. 1587. FROMTHE ORIGINAL,IN THE COLLECTIONOF THE RIGHT HONBLETHE EARLOF MORTON."(From Lodge's British Portraits, London, Harding and Lepard, I 83 5, Vol. 111, Plate 10. Engraved by J. Thompson. On the plate stands, "London, Published Oct. I, 1829, by Harding H Lepard, Pall Mall East." In the "CHRONOLOGICALARRANGE- MENT OF THE WHOLEOF THE PLATES. ." in Vol. I, this plate is listed as "MARYSTUART, QUEEN OF SCOT- LAND, 1587"; "From the Collection of the Right Hon- ourable the Earl of Morton, at Dalmahoy." -lbid., Vol. I, p. 5.) Plate 7. -"Richmond Hill and Bridge. Surrey." (From Picturesque Views in England and Wales, From Drawings by J. M. W. Turner, Esq., R.A., Engraved under the Superintendence of Mr. Charles Heath, With Descriptive and Historic Illustrations by H. E. Lloyd, Esq., In Two Volumes. London, Published for the Pro- prietor, by Longman, Orme, Brown, Green, and Long- mans, I 838, Vol. 11, Plate No. I by count. Engraved by W. R. Smith. On the plate stands, "London, Published 1832 for the Proprietor, by Moon, Boys H Graves, Pall Mall"; "Printed by McQueen." The engraving is 9 by 6 % inches.) A recent description of Richmond Palace when it was occupied by the Duke of York or his children in 167 I- 1674 appears in Anne of England, The Biography of a Great Queen, By M. R. Hopkinson, With Sixteen Illus- trations, New York, The Macmillan Company, 1934, pages 60-62. [ xii 1 Plate 8. -"Richmond Terrace. Surrey!' (From Turner's Picturesque Views in England and Wales, En- graved under the Superintendence of Mr.