THE TOWN OF WESTCHESTER. 267 



tion of rights ; and the inhabitants of the town of Westchester, defend- 

 ants : — 



MR. RIDER, ) Attorneys for ye 

 — SHARPE, \ PUintiff, &c. 



"They produce the patent to Throckmorton transported to Augustinus Her- 

 mans. 



" A mappe of ye neck of land is viewed. 



"Thomas Hunt, Sen., his disposition read, and his deed from Augustinus 

 Hermans. 



1 ' A copy of an order is produced by the defendant, made by the Dutch Gov- 

 ernor, bearing date July 9th, 1657, wherein its exprest that Westchester shall 

 have four English, or one Dutch mile square of land for the townc, which must 

 be taken of this neck. There is also mention made on ye said order of a reserva- 

 tion of one hunched or fifty morgen for Throckmorton's and Cornell's Neck, for 

 a farme upon each. 



Another order brought in by them, dated 1660, viz., that all persons shall re- 

 move from their out farmes, which were at a distance, and settle in towncs. 



Another writing, acknowledged before Mr. Van Ruy ven, of ye plaintiff's mak- 

 ing over his interest in ye land in question to Thomas Hunt, Sen. 



The court adjudge in lieu of all ye plaintiff's pretences to Throckmorton's 

 Neck, hec shall only have fifty morgen of land thereupon, with meadow propor- 

 conable : thirty-four morgen whereof, with a due proporcou of meadow, being 

 that which was heretofore sold by the plaintiff to Thomas Hunt, Sen., who is in 

 possession thereof. The other fifteen morgen at the sale reserved by the plaintiff, 

 and making up the complement of the fifty, is to be sett out upon the said neck, 

 with its proporcon of meadow, by the Governor's order, and not otherwise, sav- 

 ing the right which Mr. Spicer shall hereafter make appeare to have therein, and 

 the remainder of Throckmorton's Neck is to bee at ye Governor's disposall. It 

 appearing not to this Court that ye towne of Westchester hath any lawful pre- 

 tence thereunto, the defendants are likewise to pay the charge of suite. "« 



Upon the 12th of September, 1666, a warrant was granted unto Mr. 

 Augustine Hermans against the inhabitants of Westchester, by Gover- 

 nor Richard Nicolls.' 5 



On the 7th of January, 1667, Richard Nicolls granted to Roger 

 Townsend " a certain parcel of land within the limits of Westchester, 

 upon the maine, situate, lying, and being on ye back side of Throck- 

 morton's Neck, at ye south-east end thereof, commonly called New 

 Found Passage, containing fifteen acres ; as also a small neck near there- 

 to adjoining, commonly called Horseneck, being about the same quantity 

 of land, which is not in occupation." 



In 1669, thirty acres of land on Throckmorton's neck were granted to 

 Mrs. Micah Spicer. 



a Alb. Assize Rec. vol. i. 129. 



b Alb. Assize Eeo vol. i. 46. 



c The Bplcera and Brockets were doubtless some of the associates of John Throckmorton. 

 At a Court of Assizes held November 5th, 1669, Mrs. Micah Spicer sued for thirty acres of 

 land on Throckmorton's Neck.— Assize Kec. 225, 



