USA > New York > Queens County > History of Queens County, New York : with illustrations, portraits, and sketches of prominent families and individuals. > Part 85
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"Know ye that by virtue of His Majesty's Letters Pat- tents and the commission and authority unto me given by his Royal Highness I have Rattified, Confirmed and Granted, and by these presents do hereby rattify, Con- firm and grant unto Henry Townsend senr., Nicholas Wright, Thomas Townsend, Gideon Wright, Richard Harcker, Joseph Carpenter, and Josias Latting, as Pat- tentees for and on the behalf of themselves and of their associates the Freeholders and Inhabitants of the said Town, their Heirs, Successors and Assigns, all the afore mentioned Tract of Land within the said bounds, with the Islands and Necks of Land aforesaid, together with all the Wood lands, Plains, Meadows, Pastures, Quarries, Marshes, Waters, Lakes, Rivers, Fishing, Hawking, Hunt- ing, and Fowling, and all of the profits, commodities, emoluments, Hereditments to the said Town Tract of
Land and premises within the limmitts and bounds afore- mentioned described belonging or in any wise appertain- ing; To have and To hold all and singular the said lands, Heriditments and premises, with their and every of their appurtenances and part and parcel thereof, to the said l'attentees and their Associates, their Heirs, Successors and Assigns, to the proper use and behoof of them the said Pattentees and their Associates, their Heirs, Succes- sors and Assigns forever. The Tenure of the said lands and premises to be according to the Custom of the Man- nour of East Greenwich in the County of Kent in England, in free and Common Soccage and by Fealty only. Provided allways notwithstanding that the extent of the bounds afore recited in no way prejudiced or infringed the particu- lar propriety of any person or persons who have right by labour or other lawfull claim to any part or parcell of Land or Tenement within the limmitts aforesaid, only that all the lands and Plantations within the said limmitts or bounds shall have relation to the Town in general for the well Government thereof; and if it shall so happen that any part or parcell of the said land within the bounds and limmitts afore described be not all ready purchased of the Indians it may be purchased (as occa- sion according to Law.
" I do hereby likewise confirm and grant unto the said Pattentees and their associates, their Heirs, successors and assigns, all the privilidges and immunities belonging to a Township within this Government, and that the place of their present habitation and abode shall con- tinue and retain the naine of Oyster Bay, by which name and Stile it shall be distinguished and known in all bar- gains and Sales, Deeds, Records and writings; they making improvements thereon according to Law, and yielding and paying therefor yearly and every year unto his Royal Highness' use as a Quit Rent one good fat Lamb on the 25th day of March unto such Officer or Officers as shall be empowered to receive the saine.
"Given under my hand and sealed with the seal of the Province in New York this 29th day of September in the 29th year of his Majesty's Reign, Anno Domini 1677. " ANDROSS
· "Examined by me, MATHEW NICHOLS, Sec.
"This is a true Record of the original Pattent of Oyster Bay, written and examined by me, "JOHN NEWMAN, Recorder."
On the back side of the before written patent is the following endorsement:
"NEW YORK, November Ist 1684.
"Memorandum .- That it is agreed and consented unto
the Cold Spring aforesaid: Bounded, on the North bylby us whose names are underwritten, deputed from the town of Oyster Bay to adjust and ascertain the bounds and limmits between the towns of Oyster Bay and Hemp- stead before the governor and council at Fort James in New York, that the bounds and limmits between Oyster Bay and Hempstead begin at the Barrow Beach, ac- cording to an agreement made the 25th day of October 1677. Witness our hands-Thos. Townsend, Nathaniel Coles, John Weeks, Isaac Horner."
"Signed in the presence of John Sprague, George Farewell, George Brewerton."
The town continued to pay quit-rent till the year 1787, when all future rents were commuted by the town's paying its rent fourteen years in advance, as the following copy of a receipt taken from the town records will show:
"Received, New York, April 7th 1788, of Mr. William Cock, per the hands of Jno. Delafield, Public securities which, with the interest calculated to the 29th Septr. 1787, amount to nine pounds & one penny, being in full for Quit & Commutation on the above Patent.
"PETER S. CURTENIUS, State Aud'r."
471
THE PIONEERS OF OYSTER BAY.
PURCHASERS AND SETTLERS.
Thus we see that the first purchase was made by three men who associated with themselves seven others, each and all having equal property and rights. William Leveridge (or Leverich), a minister of the gospel, was born in England, graduated at Cambridge in 1625, and arrived in the ship "James" at Salem, with Captain Wiggin and company, October 10th 1633. He was the first pastor of a Congregational society organized in 1633 at Dover, New Hampshire, and was probably the first ordained minister who preached the gospel in that province. His support being quite insufficient he left his charge at Dover, came to Boston in 1635, was admitted a member of the church there, and afterward assisted Mr. Part- ridge at Duxbury for a short time. In 1638 he became the first pastor of the church at Sandwich, on Cape Cod, and he devoted much of his time to instructing the In- dians in that quarter. In 1647 he was employed by the commissioners of the united colonies as a missionary, and resided most of his time at Plymouth. In April 1653 he visited Long Island, in company with some of his former parishioners at Sandwich, and made the pur- chase recorded aboye. Samuel Titus, as will be seen, certifies that Mr. Leverich received from the planters here £15 per year for his services as clergyman. It has also been supposed that he devoted a part of his time after his removal to Oyster Bay to instructing the natives on Long Island and elsewhere. It appears that Mr. Leverich was allowed small sums for his services among the Indians from 1653 to 1658. In 1657 they desired him to instruct the Corchang and Montauk tribes, at the east end of the island. He continued in the ministry till his death, in 1692; having been the first settled min- ister for four distinct parishes-Dover, Sandwich, Hunt- ington and Newtown.
Samuel Mayo, who owned the ship "Desire," of Barn- stable, was employed by the Rev. Mr. Leverich to trans- port his goods to Oyster Bay. This vessel, which was under command of John Dickerson, was captured in Hempstead Harbor by Thomas Baxter, under pretense of authority from Rhode Island, while cruising against the Dutch; that province having taken part with England in the war against Holland, and the vessel being, as was alleged, within Dutch territory. It is stated that Mr. Leverich landed at Hempstead harbor, because there was no house at Oyster Bay to shelter his goods. Thomp- son says: "This Baxter was, beyond all question, a turbulent and unprincipled fellow, and the general court at Hartford, in April 1645, were compelled to notice his vile conduct, and to censure him for his reproachful speeches against that jurisdiction. They likewise im- posed a fine upon him of $50, requiring him to execute a bond in £200 for his good behaviour for one year, and to be further responsible to New Haven and Rhode Island for his bad actions within their limits." Upon the complaint of Mayo for seizing his vessel under false pretenses, the court adjudged Baxter to pay the owner £150, but that the sails, ropes, two guns, etc., if returned
with the vessel, should be accounted as £18 toward that amount. It is gleaned from various records that Samuel Mayo was at Oyster Bay, and took part in transacting the business of the colony and apportioning out the different lots to those whom the town voted freedom to settle; and, although larger interests were claimed by his heirs, he appears never to have taken more than his equal share of land with other freeholders of the town. He died at Oyster Bay in 1670.
The Wrights, Peter, Anthony, and Nicholas, emigrated from England to Massachusetts as early as 1636. They are supposed to have descended from Nicholas Wright of Norfolk, England, by his wife Anne Beaupre. They are found first residing at Lynn, then called Saugas, in Massachusetts, but shortly afterward removed to Sandwich, Cape Cod, in the settlement of which place they all became active leaders, acquiring lands and hold- ing offices of military as well as civic trust. Here several of the children of Peter and Nicholas were born. In 1653 they joined the company led by the Rev. William Leverich, came to Long Island, and united in the first purchase of land from the Indians of the territory in- cluding the site of the present village of Oyster Bay. They all became large landed proprietors at that place. Anthony appears to have lived and died a bachelor; but Peter and Nicholas left large families. Anthony Wright died in Oyster Bay, on the 8th of September 1680.
Peter Wright may be called the founder of Oyster Bay. He was the only one of the original three pur- chasers who settled here; and of those whom they ad- mitted as partners, not one except Anthony continued longer than ten years. Thomas Armitage soon emigrat- ed to another town on the island.
Daniel Whitehead, having removed to Jamaica, became a very large landholder there, and afterward purchased Dosoris, which he gave to his daughter, the wife of John Taylor. Robert Williams was of Welsh descent, and a near relative of Roger Williams. He afterward bought from the Indians a large tract on the south boundary of the original Oyster Bay purchase. He was also the first purchaser of Dosoris. John Washburne was the son of William, who, with his brother Daniel, came here with Rev. Mr. Leverich. They or their family are frequently mentioned in the annals of Hempstead. Richard Hol- brook built the first house in Oyster Bay. He afterward removed to Milford, Conn., as we learn from his will, dated at that place March 29th 1670. Indeed very many of the first inhabitants were of the Sandwich colony, who were collected there from different places in 1628.
BOUNDARY DISPUTES.
That the settlers were not free from complications and difficulties appears from the following documents, which are copied from the Townsend Memorial:
"Oyster Bay, 20th Dec'r. 1683. I, Nicholas Simkins, now an inhabitant of Musketo Cove, aged fifty six or thereabouts, do declare that, I being at the first settle- ment of Oyster Bay, which was in the year 1653; Peter Wright, William Leverich and Samuel Mayo, they being
472
HISTORY OF QUEENS COUNTY.
the three first purchasers as by the grand deed from the Indian sachem, and they being mentioned in the deed as purchasers, condescended to the others to make a settle- ment of the said purchase; and for -- -did accept of William Washbourne and his son John Washbourne, Thos. Armitage, Daniel Whitehead, Robert Williams and Richard Holbrook, as equal purchasers with them, and forthwith endorsed the same upon the back side of the bill of sale. That being done, and agreed upon, they immediately proceeded to the laying out of allotments; but first they laid out all the highways in the town by joint consent. Secondly, beginning at the Mill river, from and so eastward to the harbor side, they laid out upwards of twenty lots, granting equal privileges to every lot; and next year Will. Smith and old John Titus, with several others, were accepted of as inhabitants, and had their allotments laid out to them by Peter Wright, by the con- sent of the purchasers. But so it happened that, the purchase money being not paid, the Indians began to be very unruly and dissatisfied; whereupon the purchasers, with the rest of the inhabitants then settled, desired William Smith and John Titus to prepay for the goods to pay the Indians, which they did to Mr. Briant, of Milford, and paid it in beef. And I killed the cattle and paid the debt, and when we came to levy the rate for the purchase it came to eighteen shillings and ten pence; and to my knowledge Samuel Mayo was at two town meetings at the first settlement of the place, and was always forward in joining and granting of allotnients to each one that was free to settle amongst them as far forth as any of the rest of the purchasers or people settled, and this I can give upon oath, and much more if thereunto called or required; as witness my hand. Richard Holbrook was the first man as a purchaser that got up his house in Oyster Bay. To which I subscribe my hand.
"NICHOLAS SIMKINS."
"I, Samuel Titus, of Huntington, aged forty-nine or thereabouts, doth witness and declare that about thirty years since, at the first settlement of Oyster Bay, being then with my father under his command, Mr. Leverich and the rest of the first purchasers, living in said town, who admitted freely of my father and two of my brothers as inhabitants and townsmen amongst them, who paid before his death his purchase money with the rest of the purchasers; and I well remember my father had an ox, and one cow, which was killed and sent over to Milford in the writing to prove this to have been his intention, to Mr. Briant, excepting one quarter, to procure the in the words interlined, Heirs and Executors, and which if it may help such [as] are on difference to a better in- telligence I shall be glad. If otherwise, I shall be sorry that such as profess themselves Christians shall teach heathens less honesty under pretence of teaching them more law. goods to pay the Indians for the town purchase, which I suppose should have been paid before, but was not, whereupon the Indians began to be very surly until they had their pay paid them as aforesaid. And further I well remember that Mr. Samuel Mayo was here at Oyster Bay several times after this payment and settlement of " ' WILLIAM LEVERICH.' the town, and never made any objection against any of " These misunderstandings seemed to have occasioned no hostile feelings between the whites and the Indians." their proceedings in the settlement thereof; and further I remember that the said purchasers of the town did condescend to each other to have no more in the pro- Besides the difficulties with the Indians about the western boundary, there were controversies with the town of Huntington on the east and Robert Williams on the south. We copy the following remonstrance to the people of Huntington from the record: priety thereof, but to be equal alike, which was, every purchaser a home lot containing six acres, and others that were to be taken in as townsmen to have but five- acre lots; and that I never all the time we lived in the town did hear or understand that said Mayo desired any more for his part among the rest of the town at the "Oyster Bay, this 3d day of the 7th month, 1663 .- Neighbors: We are informed by one of your townsmen that some of your townsmen have mowed some of our meadows at the south. If it be a mistake we shall not regard it; but if appointed by you we desire to know your grounds, for we desire to be at peace with you, and to have our rights also, which we judge is your right de- sire also; and therefore, if you see cause to appoint a time than the lot which was laid out unto him, lying on the north side of Anthony Wright's home lot, which I was informed by several of the town at the time he did intend to come speedily and settle upon it. And further I well remember that after the Indians had their pay, now quiet and well contented, and then the inhabitants with the purchasers now agreed and was to give Mr. Leverich fifteen pounds per year as minister among them. man, or more, and let him, or them, have your deeds,
'This above written is the truth; and would have been present before the arbitrators at Oyster Bay to have de- clared the same, but was prevented by reason of my hay at the south, lieth upon.
As witness my hand in Oyster Bay, 24th day of October SAMUEL TITUS. 1684.
" This sworn before me this 24th day of October 1684. " THOS. TOWNSEND."
" The boundaries of the Indian deed are indefinite, and controversies very soon arose about the western line; the Indians claiming the right to the lands on Ma- tinecock and at Susco's Wigwam (so called from Susco- namon, by whom the greater part of the subsequent Indian deeds are given), now Wolver Hollow and Cedar Swamp, the whites maintaining Hempstead harbor to be the western boundary. Papaquatunk River is never mentioned except in this deed, and the terms of the grant make it evident that the Indians were right in claiming Beaver Swamp and Shoo Brook as the western line. For once they maintained their rights, and sold lands at all these places. Matinecock included Buck- ram, which was not so called on the records until after 1730. Buckram lot had been mentioned before, but that was a small parcel of land, not a district. In 1685 the Indian title was extinguished by the new purchase extending to what is now the western boundary of the town. There was also some difference of opinion as to the intentions of the Indians in selling, and the Rev. Mr. Leverich, who had then left here, gives his under- standing of the matter as follows. The views of the Indians, on the subject, are not recorded.
"' Protest of William Leverich, Old Purchase, March 22nd 1663. Whereas I understand that there is some controversy about a sale of lands made by Assiapum, or Mohanes, made to Samuel Mayo, Peter Wright and Wil- liam Leverich, for want of sound formalities usual in English deeds; and being desired what I understood about the points, I do therefore testify that the intention of the said Assiapum was to convey not only his right but the right of his heirs and extrs., which, though not expressed, is easily understood. Ist. For the Indians, so far as I can understand, have never made any sales for lives, but of custom-which is their law-passed the right of their heirs present, with their own, unless they made any express exceptions; 2nd, and there is enough
473
THE DIVISION OF LAND IN OYSTER BAY.
that fully show your title to the said land, then shall we do the like; but we request you to send us a line or two, that we may know your minds, and appoint the time and place, and we will meet you and end the difference if we can; but if you refuse our proposition herein to you, then we do by this request you to forbear mowing our meadow, which begins at the River Passasqueung, or east bounds. For peace and quietness we have done this, knowing that the best title must carry it, and that cannot be known but they must be compared, and we hope that is the readiest way for any that desire peace.
" In behalf of the town, a true copy of what was sent by me.
HENRY TOWNSEND."
This letter does not appear to have brought about the desired results, for on the 5th of July 1669 we find another " letter to the people of Huntington," as follows:
" Friends and neighbors of the town of Huntington: We once more desire you in a loving, friendly way to for- bear mowing our neck of nieadow, which you have pre- sumptuously mowed these several years; and if, after so many friendly warnings, you will not forbear, you will force us, friends and neighbors, to seek our remedy in law, not else; but resting your friends and neighbors. By me in behalf of the town of Oyster Bay.
"MATHIAS HARVEY, Town Clerk."
We quote from the Townsend Memorial:
" To settle this line, Thomas Townsend, Nathaniel Coles, and John Weeks were appointed by Oyster Bay, and Thomas Powell and Abiel Titus by Huntington; and on the 7th of August 1684 they ran the line of divis- ion. Several attempts were made to settle the difficulty with Williams, and, as appears from the following order, there was a settlement made; but long afterwards the affair seems to have given a great deal of trouble, and there are allusions to a suit between the town and Wil- liams's widow and heirs. This order is interesting, as it gives evidence of the industrious habits of the people:
"'Oyster Bay, June 13th 1684. At a Town Meeting then ordered that every freeholder of this Town, or that possesses any lands within this Town purchase, are to attend at the Town House on Monday next, being the 5th day of July ensuing, at sunrise at furthest in the morning, in order to run the line or bound between this Town's lands and Robert Williams's lands; and that per- son interested in the Town that shall prove defective herein shall forfeit five shillings to them that run the same, according to this order, and to be taken forthwith, by distress, by the Constable. Provided that those that cannot go do cut brush in the town, where they shall be appointed by those persons appointed for that purpose this year.'
" The line between Oyster Bay and Hempstead was also the subject of negotiation, and was finally adjusted by Henry and Thomas Townsend, on the part of Oyster Bay; although late in the ensuing century there was still some disagreement between the towns respecting their boundaries."
PRIVATE LAND OWNERSHIP AND EXCHANGES.
states, does not appear to have been followed out, as the apportionment to some was no more than half an acre. The meadows were the property of the town. Each holder of a home lot was entitled to an equal right or share in their production. This plan was early departed from. We find from the records that for years certain days were appointed whereon to cut the grass, and for some few years past the practice of selling the hay by auction has been resorted to; but this was not found to pay, and they have fallen back upon the old regulation.
The town records, as well as the townspeople's prac- tice, show that no definite scheme was followed as to the division of property. This indefiniteness in their plans led to many difficulties and misunderstandings. Early in the history of the town it is found in trouble. The heirs of Peter Wright, Mayo and Leverich claimed rights which the town disputed. In an arbitration between the town and Mayo's representatives the depositions already cited were taken to prove that Mayo never claimed more than a townsman's rights. The town finally compromised with the heirs of Wright and Mayo, by giving them large tracts of land on the south side of the town. Many years afterward, in 1720, Nicholas Lang and others, en- couraged by these results, brought a suit against the town ¡for the rights in the old purchase under the title of Wil- liam Leverich and Robert Williams; the suit was decided in favor of the town.
From the labyrinth of theories and practices, although vague and variable, there are some matters of fact gleaned which may be interesting: Each home lot was entitled to certain privileges, such as shares in the common meadows, pastures and woodlands. These privileges were not inseparable from a home lot; for example, at a sale they were sometimes reserved by the seller, and sometimes divided into hilt rights. Being in possession of land did not necessarily constitute a freeholder. For particular reasons home lots were frequently given by the town to persons having no rights, upon condition of their building upon the lot within a year and a day. These gifts were frequently forfeited. The lots varied in size, and carried with them privileges designated and approved of by the donors, the townsmen. Many who obtained lots in this way or by purchase were at different times accepted as equal townsmen, whether by purchase or favor does not appear.
The freeholders in Oyster Bay, in common with other English towns on the island, claimed the right to prevent the transfer of property to strangers without their con- sent. The following is copied from the town records:
" Dec. 13th 1660 .- It is this day ordered and agreed by the inhabitants of the town that no person whatsoever shall sell any land, lying or being within the bound of Oyster Bay, unto any until the town or a major part of the town do admit first of the said purchaser for an in- habitant."
The key to the regulations which governed the manage- ment and distribution of the common property is gained from the deposition of Samuel Titus, already cited. W believe, from this and many other indications, that the first intention was that there should be no private prop- That the town did not enforce this resolution, although it attempted to do so, is shown by the fact that John Richbell, the only large landholder in the early days of erty but the home lots, the first of which, as he says, con- tained six acres; but the practice by which subsequent purchasers were uniformly allotted five acres, as Titus | the settlement, sold his interest to Latamore Sampson,
474
HISTORY OF QUEENS COUNTY.
and, notwithstanding the town's entering a protest, Sampson retained the property, and transferred it to others. Evidently it was the first intention to hold all but home lots as common property, but the intention was not very long carried out. At first shares of meadow were laid out to each, and then from time to time divis- ions of other common lands were made; generally to freeholders, but sometimes landholders not freeholders shared in the distribution. Frequently, if not generally, when the land was divided and distributed the purchaser was authorized to take his "where he shall see cause." Sometimes the shares designated were distributed by lot.
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