History of Suffolk county, New York, 1683, Part 103

Author: W.W. Munsell & Co., pub; Bayles, Richard M. (Richard Mather); Cooper, James B. (James Brown), 1825-; Pelletreau, William S. (William Smith), 1840-1918; Street, Charles R. (Charles Rufus), 1825-1894; Smith, John Lawrence, 1816-1889
Publication date: 1882
Publisher: New York : W.W. Munsell & co.
Number of Pages: 677

USA > New York > Suffolk County > History of Suffolk county, New York, 1683 > Part 103

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The tract of land in the immediate vicinity of Southold village was called by the Indians "Yeanocock," and by this name the early settlement was known to neighboring villages. The eastern boundary of the first purchase made by minister Youngs and his company was the body of water known in modern times as Mill Creek, which separated it from the region known as Hashamomack. It extended from Peconic Bay to the sound, while on the west it was bounded by what was called the "Fresh meadows " (where Thomas Golden now lives), which separated the old town purchase from Cutchogue. The

A man will say of neck on the west side of the creek, now principally owned by Eugene. H. Goldsmith, was anciently known by its Indian name of Pequash Neck, and this was con- sidered the " first neck in Cutchogue bounds." This is mentioned as the old bounds of the town in the account of lands of Thomas Mapes, 1674, in a deed of Samuel King, 1664, in a purchase of Caleb Horton, 1669, and in other conveyances, so that this is a point well established.

As in East Hampton, the townsmen for whose benefit the land had been purchased became anxious to have the title transferred to themselves, and at a general court held in New Haven, May 30tl: 1649, we find the following among the proceedings:

" The freemen of Southold desired that the purchase of their plantation might be made over to them. The court told them that they are free to make over to them what right they have, either by deed or an act in court, that it might stand upon, to free them from all future claymes from themselves, or any under them, as them- selves upon consideration shall propound a desire. Mr. Wells, being questioned about some land he had received of some Indians in Long Island by way of gift, in which. Mr: Odell of Southampton hath a part, and himself did draw a deed wherein the land was passed over from the Indians to them, which is contrary to an order made in this Jurisdiction, Against which carriage the court showed their dislike. But Mr. Wells doth now before the court fully resign up all his interest in that land to the Jurisdiction, and will be ready to give a deed to de- clare it when it shall be demanded of him. Mr. Youngs

The whole body of freemen at town meeting appointed five men who were empowered to order town affairs. The first of whom we have any account who were elected to this position, which was one of great responsibility, were William Wells, Lieutenant John Budd, Barnabas Horton, William Purrier and Matthias Corwin. This was in 1656. They held regular meetings, once in three months, commencing at 8 o'clock in the morning; and to insure punctual attendance a fine of 20s. (a large sum at that time) was imposed on all who did not attend, unless they could give a satisfactory reason for their absence. Any persons whom the five men should appoint to exe- cute their orders paid for their neglect by a like fine; while, as a warning to that numerous class (not wanting informed the court that they at Southold had, according

THE TOWN OF SOUTHOLD.

to order, purchased a plantation from the Southold about eight miles, of the Indians which by the best information they can get are known to be the right owners of that land called, by the name of Mattituck and Aquabouke, and this for the jurisdiction of New Haven and Con- necticut; which purchase comes to in the whole to six pounds six shillings; the particulars how it arises being expressed in the deed, which they desired might be re- payed, and accordingly the treasurer had an order from the court and did pay it to them. Lykewise Lieutenant Budd spoke of another purchase that was made, but did not give full information nor a perfect account thereof."

The land alluded to above as bought by Mr. Wells probably lay on the south side of Peconic River, now in the town of Southampton, and was a part of the Acca- bog meadows, which were the source of a long dispute between the two towns. This entry also fixes the time when the western part of the town, including Cutchogue, Mattituck and the town of Riverhead, was purchased.

The following entry on page 5 of Liber B of the town records is without date, but was probably written in 1654:

" Itt was also ordered that Hashamommuck Neck from Wm. Salmon's and John Conkelyne's bounds to the utmost poynt of land agst Plumb gutt should be payd for accordinge to the former agreemt in that be- halfe, vidlt, that the some of 14,6 bee raised in propor- con to first, 2d, 3d and 4th lots, everie Townsman pay- ing his due portion thereof to enjoy a sutable share and right in the said neck; which said 14£ is to bee paid to [words gone] and deputie, for the right in the said lands they purchased of Curchauge Sachem."

A more particular account of the land spoken of as William Salmon's and John Conklyn's will be found under the head of Hashamomack.

Such were the original purchases of the lands in South- old, including the present town of Riverhead, and to con- firm the various sales thus made the inhabitants obtained in 1665 the following Indian deed:

"To all people to whom this present writing shall come, greeting. Know yee that, whereas the inhabitants of Southold, their predecessors, or some of them, have, in the right and behalf of the said Inhabitants and Town- ship, purchased, procured and paid for, of the Sachems and Indians our Ancestors, all that tract of land situate, lying and being at the East ward end of Long Island, and bounded with the river called in the English toung the Weading Kreek, in the Indian toung Pauquaconsuck, on the West, to and with Plum island on the east, to- gether with the island called Plum island, with the Sound called the North sea on the North, and with a River or arme of the sea wch runneth up betweene Southampton Land and the afore said tract of land unto a certain Kreek which fresh water runneth into on ye South, called in English the Red Kreek, in Indian Toyonge, to- gether with the said Kreek and meadows belonging there to; and running on a streight lyne from the head of the afore named fresh water to the head of ye Small brook that runneth into the Kreek called Pauquaconsuck; as also all necks of lands, meadows, Islands or broken pieces of meadows, rivers, Kreeks, with timber, wood lands, fishing, fowling, hunting, and all other commodi- ties what so ever unto the said Tract of land and island belonging or in any wise appertaining, as Curchang and Mattatuck, and all other tracts of land by what name so- ever named or by what name so ever called; and whereas

the now Inhabitants of the afore named town of Southold have given unto us whose names are under written, being the true successors of the lawfull and true Indian owners and proprietors of all the aforesaid tract of land and islands, fourty yards of Trucking cloth, or the worth of the same, the receipt where of and every part of the same we doe hereby acknowledge and thereof acquit and discharge the Inhabitants, their heirs, successors or as- signs, and every of them by these presents.

" Now these presents witnesseth that wee whose names are under written, for the consideration aforementioned, hath given, granted, remised and confirmed, and doth by these presents grant, remise and confirm unto Captain John Youngs, Barnabas Horton and Thomas Mapes, for and in behalf of the Inhabitants and township of South- old, and for the use of the aforesaid Inhabitants, accord- ing to their and every of their several dividends, to have and to hold to them and their heirs forever, by virtue of the afore recited bargain, bargains, gifts and grants of what nature or kind soever made with our predecessors, we under written doe confirm all the afore named tract or tracts of land, contained within the afore mentioned bounds, as also Plum island, with waranty against us, our heirs, or any of us or them, or any other person or per- sons' claime, or from, by or under us, them, or any of us or them, or any other person or persons, as our, theirs or any of our or their right, title or interest; as witness our hands and seals this seventh of December 1665, in the Seventeenth yeare of ye reigne of our Soveraigne Lord Charles by the grace of God of England, Scotland, France and Ireland King, defender of the faith &c."

[Signed by Ambuscow, Hammatux and 41 others].

" Sealed and delivered in ye presence of us ·

Benjamin youngs

"BENONI FLINT."

The Indian deed by which the possession of Robins Island was confirmed to Nathaniel Sylvester and asso- ciates, of Shelter Island, has appended to it this memo- randum:

"This deed or writing was sealed and delivered by the Indians whose names are subscribed, at, upon and in the same time, day and presence that a deed or writing dated the 7th of December 1665 was sealed and delivered by the same Indians unto Captain Jolin Youngs, Barna- bas Horton and Thomas Mapes for the use of the in- habitants of Southold."

LAYING OUT OF LANDS.

The settlers were thus confirmed in the possession of their lands, but they had been under their improvement long years before. It is supposed that the first attempt at cultivation, and the first division of land excepting the home lots, were made in a tract that is very frequently mentioned in the old records as the Old Field. This was probably cleared and cultivated by the Indians be- fore the advent of the white man, and from the aboriginal relics which have been from time to time found there it seems probable that it was the site of one of their vil- lages. It was situated at the extreme eastern part of the village of Southold; is bounded on the south by the harbor and Peconic Bay, and on the east by Budd's Pond or Creek; is separated from what was called Sau-

THE TOWN OF SOUTHOLD.

gust Neck by a small pond and stream, and in early times had a belt of woods on its northern border. It was about 100 acres in extent and was divided into small lots, and each person had his part, large or small in proportion to his share in the commonage or public land. Thus we find recorded to minister Youngs "two acres more or lesse of arable land in the old field, the land of Barnabas Horton on the north and the land of Benjamin Horton on the south, which land hee had of John Budd by vertu of an exchange." Thomas Mapes has "one acre in the old field of earable land, the land of John Peaken on the west and Arthur Smyth east." In the records of lands as given in by the various freeholders constant mention is made of the " Old Field."

The lands north of the village were laid out in lots of various sizes. Thus Philemon Dickerson records in 1654 "Twentie four acres of wood land more or lesse lyinge betweene two high ways leading from the Towne towards the North sea; That is to saye one of the said high ways adjoyning to Barnabas Horton's home lott, and the other to Thomas Cooper's, The land of Mr. Youngs, Pastor, lying on the South west and John Conkling sen. north east." This tract is north of the railroad, and extends from Railroad avenue to the next highway west.

On the borders of the sound (called in old times the "North Sea," in distinction from Peconic Bay) was laid out a tract called the North Sea lots. A tract at the head of the Mill Creek was called "Peaken's Neck," after John Peaken, an early setter who owned most of it. The creek itself was called "Thomas Benedict's Creek," from one of the owners of Hashamomack, and this was shortened first into "Thomas Creek " and then into " Tom's Creek," by which name it was for a long period exclusively known. Salt meadow with its never failing crop of grass was highly prized, and small lots of this were of greater value than large tracts of upland. Four years' peaceable possession of land made a good title, and thus all disputes were settled "in the time of them." Any man who absented himself from town meeting, or should depart before its conclusion, was fined five shillings.

The fact that the early records of laying out the lands are lost renders it difficult to determine with exactness the bounds of the original divisions, but the frequent notices and descriptions of lots give us data from which we can draw conclusions with a reasonable degree of certainty. The first actual information we have is in 1658, when "itt was agreede uppon att a towne meetinge of the ffreemen that Thomas Mapes shall lay out the Calves' neck, every man his portion as it shall fall out by lott to him. And for and in consideration of the same the said Thomas shall have his own share and por- tion next at the reere of his owne lot." This is the · tract of land that constitutes the southeast part of the heart of the village of Southold, extending from Town Creek on the east to Jockey Creek on the west. A large portion of the western part was early bought from its

various owners by Master John Booth. The Southold fair grounds are on this part. The eastern section was once owned by Hon. Ezra L'Hommedieu and is now in the possession of Thomas S. Lester.

In 1661 we have the following record:

"Itt was then agreed and confirmed by a major vote that all common lands att Oyster ponds, Curchang, Oc- cabauk and Mattatuck should be surveyed, and layed out to every man his due proporcon in each place, as it was then agreed.

"Oyster ponds lands into fortie small lots, to such persons only as have given in their names for these div- idends. Curchaug bounds, from the Towne's antient bounds to the Canoe place at Mattituck, also into fortie small lots, to those persons only as likewise have given in their names in writing for the same; and Occabank and the rest of Mattituck lands, from the said Canoe place as far as the Towne had any rights, to bee divided into fortie small lotts also, and to remayne to such per- sons as in like manner had given in their names in writinge to bee the soule proprietors thereof."

" The meadow front of Accabouk to bee divided to every inhabitant accordinge to his purchase thereof and not according to the former dividends."

It will be noticed that this order for the divisions was made before the final deed of confirmation was obtained, and hence it was agreed that if any persons were deprived of their rights in any part it should be made up to them out of the rest, and that all charges should be borne by the inhabitants "proportionally to their dividents and not otherwise."

The following shows the original owners of each of these great divisions:

" Oyster ponds Divident into Small lots .- Mr. John Youngs, Pastor, 4; Captain Youngs, 6; Tho. Moore Sen., 2; Lieut. Glover, 2; Richard Browne, 2; Thomas Moore jr., 3; John Herbert, 2; John Payne, I; Mrs. Youngs, widow, 8; John Conkling Sen., 2; John Corey, 2; Tho. Osmond, 2; Tho. Conkling jr., 1; Geoffry Jones, I; Abram Whittier, 1; Tho. Rider, 1 ;- 40.

" Curchaug Divident .- William Wells, 3; Barnabas Horton, 3; Wm. Purrier, 3; Barnabas Wines sr., 2; Bar- nabas Wines jr., 2; John Elton, 3; Jeremiah Vale, 3; Richard Terry, 2; Thomas Reeves, 2; Robert Smyth, I; Mr. Booth, 2; John Corwin, 2; Samuel King, 1; Joseph Youngs jr., 1; Rich. Benjamin, 2; Thomas Mapes, 3; Thomas Brush, 1; Philemon Dickerson, 2; Benjamin Horton, 2; Wid. Cooper, 3; Tho. Terry; 1 ;- 44.

" Occabauk Divident .- Wm. Wells, 3; John Budd, 4; John Swazy, 4; Joseph Horton, 3; John Tuthill, 3; Wm. Halliock, 2; Barnabas Wines sen., 1; Richard Terry, 1; Tho. Terry, 1; Edward Petty, 2; John Tucker, 2; Thomas Mapes, 2; Barnabas Horton, 2; John Conkling jr., 2; Widow Cooper, 2; Richard Clark, 1; Samuel King, 1; Joseph Sutton, 1; Henry Case, 1 ;- 38.

A single lot in the Oyster Ponds was 50 acres, and the lots were bounded by the bay on the south and the sound north. A person who owned two lots was said to own a "second lot," a person with three a "third lot," etc. Thus we find in 1682 " Tho. Moore sen. sells to Francis Brinly a tract of land about 100 acres, being a second | lot, lying across the neck [Oyster Ponds] from sea to sea."

The Cutchogue dividend extended from the fresh meadows, or the west bounds of the old town, and went west to Mattituck Creek; it was bounded south by the

THE TOWN OF SOUTHOLD.

main road and north by the sound. The land south of the road was laid out at different times. A single lot in this tract was 112 acres.

The Occabauk dividend embraced all the land from the canoe place at Mattituck Creek to Wading River. The lots ran from Peconic River to the sound, and a single lot was about 250 acres.

The founding of the village of Wading River is thus recorded: "In Southold ye 24th of Feb., by ye proprie- tors of ye dividents, here agreed and concluded yt ye vil- lage lying about a next ye wading River is and shall re- main to be called by ye name of West hold."

In 1687 we find recorded a deed from John Hollock to Benj. Conkling of four lots in the village of Wading River, as laid out to John Swazey sen., containing about seven acres each.

The first notice we have of an attempt to establish a mill at Riverhead is in 1659, when John Tucker " pro- pounded for liberty to sett up a saw mill neere the head of the River and liberty to cut all sorts of timber, but noe more of oake than fell in the common track of get- ting pine and cedar, which were the chief inducements of getting a mill there to saw." This was agreed to and the mill was built, and John Tucker was probably the first settler in that now flourishing village. A copy of the act by which Riverhead was constituted a separate town will be found in the history of that town.

THE ACCABOG MEADOWS DISPUTE.

This dispute, which engaged both towns in a bitter animosity, is one of the most important episodes in the history of Southold. "Occabock" is an Indian name, and signifies "land at the head of the bay" or "the cove place." It was the name by which the aborigines desig. nated the tract of land on both sides of the head of Pe- conic Bay. The word as we have given it here probably represents the original pronunciation, and it is a curious illustration of the way the Indian names of places have been changed and corrected to find this also spelled Accobock, Ackabag, Agabake, Aquabouke, Acraledde and Occabauk. The name has now became stereotyped as Aquebogue, the name of a village a long way removed from the locality the Indians called by the name. By reference to the Indian deed of 1665 it will be seen that it includes within its limits a tract on the south side of the bay, extending west from Red Creek and embracing the large tracts of meadow near the village of Flanders. Why the Southold Indians should include this in the deed when the natural boundary between the towns seems so well defined is something which has remained without explanation until very recently light was thrown upon the subject by a careful examination of the ancient documents in the town clerk's office of Southampton. From these we learn that at one time the place in con- troversy was occupied by a village of Indians who were a part of the tribe which claimed and inhabited the town of Southold. After this there was a war between the Shinecock and Yeanocock Indians, in which the latter were defeated and driven off. After a while they re-

turned and were allowed to settle in their former seats, but the Shinecock tribe claimed all the land on this side the river, and required acknowledgment of their title ac- cording to certain Indian customs. The following affi- davit, an ancient document, which after the lapse of more than two centuries is as plain and legible as when written, will explain the case more fully:

" Richard Howell and Joseph Raynor, aged about fourty years, deposed this 15th day of September 1667, Saith as followeth: That upon a time about the latter end of May last Capt. John Youngs of Southold brought over to Southampton Thomas Stanton with some of the chiefe of Southold Indians, meeting at the School house some of the chiefe of Southampton Indians, with the Sachem being there. Captain Youngs, being asked the end of his comeing, said, To finde out truthe, viz. whoe had the true right to ye land or meadow in controversy betweene the two townes. And the debate thereupon grew on betweene the Indians, there beinge present some of the Southold In- habitants, with divers of ye chiefe of the Inhabitants of Southampton. Thomas Stanton being ye interpreter, These deponents heard the said Thomas ask both par- ties of ye Indians whoe had the true right to the said land and meadows, And the said Indians (after long de- bate) Joyntly answered that ye young eagles that were taken in the nests, and the deere that were drowned or killed in the water, it was ye Indians' custom to carry ye said eagles & the skins of the deere to those Sachems or Indians that were the true owners of ye land. There- upon Thomas Stanton presently replyed, saying indeed the eagles and the deere were something, but if there was a bear drowned or killed that would put the matter out of controversie. And the deponent heard Southamp- ton Indians affirme that there was a bear drowned or killed in ye same tract of land now in controversey be- tweene ye said Townes. Then Thomas Stanton asked to whom the skin was carried, and Southampton Indians answered, To Shinecock Indians, And Southold Indians allsoe acknowledged that the said beare skin was caryed to Shinecock Indians, by Southold Indians whoe tooke ye beare.

" Taken before me,

The Cupping

Had the parties to this controversy been Indians they would have gone to war, but being English they went to law. The case was tried at the court of assizes in New York in October 1667, and the jury brought in a verdict for Southampton. The town of Southold then appealed to be heard in equity. The appeal was granted, but the court recommended the towns to settle the matter be- tween themselves. Governor Nicolls sent " Capt. Need- ham and Capt. Nicolls " as mediators, and the dispute was happily adjusted. The jurisdiction was confirmed to Southampton, and the personal ownership of the mead- ows was to be divided between the two. Mr. Wells (who always managed to hold his own) had 18 acres in his own right, and the settlement of the dispute was recorded by both towns. This is alluded to in Governor Andros's patent, where it says: "Not contradicting the agreement made between this town and the town of Southampton after their trial at the court of assizes." In the early

THE TOWN OF SOUTHOLD.

records of this town Occabock was a general name for all the region west of Mattituck.

HUMPHREY NORTON THE QUAKER.

At the present time the word Quaker is synonymous with all that denotes peaceableness in principle and respectability in conduct, but in 1658 it was another name for willful disrespect of constituted authority, and behavior that transgressed all bounds of decency and order. The first information we have of Humphrey Norton, whose name has frequently been mentioned with much unmerited sympathy, is in 1657, when he was banished by the court of Plymouth, and came to South- old. Whatever may have been their theories, engendered by a false and distorted view of the mission of Christ and the true nature of His blessed teachings, the first settlers of the eastern towns on Long Island were men of practical liberality, and but little inclined to inter- fere with the belief of their neighbors so long as it was confined to themselves, and not expressed in an offen- sive manner. Had Humphrey Norton been disposed to mind his own affairs, and not to interfere with those to whom he had come for refuge, he might have lived to the end of his days in peace and quietness. But this in the opinion of a Quaker of that time would have been a far heavier cross to bear than the severest persecution. His disturbance of public worship would be deemed worthy of punishment even in these days of liberal views; what must have been the opinion of minister Youngs and his people ? The following is the official account of the affair, for which our ancestors have been most unjustly blamed as favoring persecu- tion :

" At a court held at New Haven March 10th 1658 Humphrey Norton, a Quaker, was sent here from South- old, and being asked why he went into the meeting- house at Southold on the Lord's day and there speaking in public against Mr. Youngs, he refused to answer, and desired the charges against him might be read, and were in substance: 1-He had grievously and in many fold wise tradaced, slandered and misrepresented Mr. Youngs, pastor of the church there. 2-He had endeavored to seduce the people from their attendance upon the min- ister and the sound doctrines of religion settled in the colony. 3-That he had endeavored to spread sundry The union with the colony of Connecticut was of very brief duration. The grant of the province of New York, including Long Island, by Charles II. to his brother James Duke of York was quickly followed by the capture of the city of New Amsterdam and the conquest of New Netherland, which occurred August 26th 1664. The commissioners who were appointed to determine the bounds of the territory granted to the Duke of York re- ported that Long Island was clearly a part of it, and heretical opinions, with expressions that savor of blas- phemy. 4-That he endeavored to vilify or nullify the full authority of magistrates and government here estab- lished; and 5-Had endeavored to disturb the peace of the jurisdiction. He was often by the court commanded silence, and to speak in an orderly way, which he would not attend to, but go on in a boisterous bold manner uttering reproaches. He, being found incorigible, was fined £20, to be severely whipped, be branded with the letter H on his hand, and banished the jurisdiction, the court declaring that it was the least they could do and .Governor Winthrop upon seeing the letters patent in- discharge a good conscience toward God."

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