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Updated: May 20, 2025
But the Revolution was now over: the vacancy of the throne had been supplied: the Houses were sitting: the law was in full force; and it became necessary immediately to decide to what revenue the Government was entitled. Nobody denied that all the lands and hereditaments of the Crown had passed with the Crown to the new Sovereigns.
Ransom H. Gillett, Esq., a commissioner appointed by the President of the United States to attend and hold the said treaty, and also Josiah Trowbridge, Esq., the superintendent on behalf of the Commonwealth of Massachusetts, being severally present at the said treaty, the said sachems, chiefs and warriors, on behalf of the said Tuscarora Nation, did agree to sell and release to the said Thomas Ludlow Ogden and Joseph Fellows, and they, the said Thomas Ludlow Ogden and Joseph Fellows, did agree to purchase all the right, title and claim of the Tuscarora Nation of, in and to the tract, piece or parcel of land mentioned and described in the instrument of writing next hereafter set forth, and at the price or sum therein specified as the consideration or purchase money for such sale and release; which instrument being read and explained to the said parties, and mutually agreed to, was signed and sealed by the contracting parties, and is in the words following: This indenture, made this fifteenth day of January, in the year of our Lord one thousand eight hundred and thirty-eight, between the sachems, chiefs and warriors of the Tuscarora Nation of Indians, duly assembled in council, and acting for and on behalf of the said Tuscarora Nation, of the first part, and Thomas Ludlow Ogden, of the city of New York, and Joseph Fellows, of Geneva, in the county of Ontario, of the second part, witnesseth: That the said sachems, chiefs and warriors of the Tuscarora Nation, in consideration of the sum of nine thousand six hundred dollars to them in hand paid by the said Thomas Ludlow Ogden and Joseph Fellows, the receipt whereof is hereby acknowledged, have granted, bargained, sold, released and confirmed, and by these presents do grant, bargain, sell, release and confirm to the said Thomas Ludlow Ogden and Joseph Fellows, and to their heirs and assigns, all that tract or parcel of land situated, lying and being in the county of Niagara, and State of New York, commonly called and known by the name of the Tuscarora Reservation, or Seneca grant, containing nineteen hundred and twenty acres, be the same more or less, being thelands in their occupancy, and not included in the land conveyed to them by Henry Dearborn, together with all and singular the rights, privileges, hereditaments and appurtenances to the said tract or parcel of land belonging or appertaining, and all the estate, right, title, interest, claim and demand of the said party of the first part, and of the said Tuscarora Nation of Indians of, in and to the same, and to every part and parcel thereof; to have and to hold all and singular the above described and released premises unto the said Thomas Ludlow Ogden and Joseph Fellows, and their heirs and assigns, to their proper use and behalf forever, as joint tenants and not as tenants in common.
He commends his soul "into the hands of Almighty God, my maker, hoping through the merits of Christ Jesus my Redeemer to receive full remission of all my sins and to inherit a place in the everlasting kingdom"; his body he commits to the earth whence it came; and "of such worldly goods whereof it hath pleased God in his mercy to make me an unworthy receiver," he bequeathes: first, to Thomas Packer, Esq., one of his Majesty's clerks of the Privy Seal, "all my houses, lands, tenantements and hereditaments whatsoever, situate lying and being in the parishes of Louthe and Great Carleton, in the county of Lincoln together with my coat of armes"; and charges him to pay certain legacies not exceeding the sum of eighty pounds, out of which he reserves to himself twenty pounds to be disposed of as he chooses in his lifetime.
The parliament of that kingdom passed an act for raising one hundred and twenty thousand pounds on lands, tenements, and hereditaments, to defray the expense of maintaining twelve thousand men, who had been voted by the commons of England; then the assembly was prorogued.
Though not an old man, he was an old senator: for he had, before he was of age, succeeded his father as knight of the shire for Westmoreland. In truth the representation of Westmoreland was almost as much one of the hereditaments of the Lowther family as Lowther Hall.
The beneficiaries or vassals of the emperor, who held of him, sometimes as hereditaments, more often for life, and more often still without fixed rule or stipulation, lands; domains, throughout the extent of which they exercised, a little bit in their own name and a little bit in the name of the emperor, a certain jurisdiction and nearly all the rights of sovereignty.
Five years away at the diggings, and left a house worth twenty pounds per year per annum, not to spake of other hereditaments." After that the rasping voice of Black Tom, in a tone of irony and contempt: "Of coorse, aw, yes, of coorse, there's goold on the cushags there, they're telling me. But I thought you were a man that's all for the island, Mr. Jelly."
The reasons given for the objections: incompetent, irrelevant, and immaterial might, so far as the average man is concerned, read "incontepent," "irrevelant," and "immature." The words when repeated together seem like that old legal term "incorporeal hereditaments." They are imposing and add tone to the trial. The solemnity of repetition is always a valuable asset.
"'Secondly, I make and declare the following bequests or devises that is to say, I give and bequeath to of , all the real estate of which I may die seised, together with all the houses, tenements, hereditaments, and appurtenances thereunto belonging, and all my rights to the same, whether in law or equity, to be possessed and enjoyed by the said of in fee, by heirs, executors, administrators, or assigns, for ever. There are blanks for the name and description, as well as for the sex of the devisee," added the secretary.
These secured to Boabdil, to his wife Morayma, his mother Ayza, his brothers, and to Zoraya, the widow of Muley Abul Hassan, all the landed possessions, houses, mills, baths, and other hereditaments which formed the royal patrimony, with the power of selling them, personally or by agent, at any and all times.
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