History of Suffolk county, New York, 1683, Part 28

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 28

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The greatest use, however, to which the wood of these timber lands has ever been put has been for cordwood. This industry grew up in the early days, and facilities for transporting to market being much better than in many parts of the country where timber grew as lustily, the business flourished until the discovery and general intro- duction of coal supplied the market with a more con- venient article of fuel. Long before the railroad pene- trated the interior there were frequent landings on the shores of the town from which wood was shipped to mar-

ket. To facilitate the loading of seagoing vessels in the South Bay, where the water is shallow near the shore,

used to carry wood from shore to them, and from them vessels of greater draft were loaded. A grant for such a pier or frame was given by the trustees to Smith Mott, May 5th 1812. This pier was to stand a little west of the mouth of Connecticut River, twenty-five rods from the shore of his land, and in size to be 16 by 45 feet. A grant for a similar one was made to Zophar Tooker, February 2nd 1819; this to be located a little west of Long Point. They were not continued long.

Now that the subject of docks is suggested it may not be out of place to remark that the trustees, beginning about one hundred years ago, have granted privileges of extending docks or wharves into the water from the shores of the town in cases too frequent to admit of specific mention. These grants were at first given for an indefinite term-usually as long as a wharf should be maintained in good repair-as a public convenience. The rates of wharfage were established and regulated from time to time by the trustees, and they reserved to the town the right of free passage over wharves for all articles belong- ing to the corporation. Later the custom of limiting the grant to a term of years, at a small annual rental, came into use.

Previous to the erection of any mills in the town it is said the settlers sent their grain to Connecticut to be ground. The need of more convenient facilities for con- verting their grain into flour being strongly felt, Daniel Lane, with the assistance and encouragement of the towns- people, was the first to undertake the enterprise of es- tablishing a mill here. On the twelfth day of the tenth month in the year 1664 eighteen of the princi- pal inhabitants placed their hands to an agreement that if Mr. Lane would build a substantial mill, and keep it in re- pair for the grinding of the town's corn, they would erect a strong dam, and pay him besides twenty shillings a lot for the proprietary rights they represented. He was further to have absolute possession of the mill and dam, and to have for grinding two quarts of every bushel of English corn. Subsequently mills were established in different parts of the town under grants from the trustees, who generally stipulated that the grantee should keep in repair a " good and sufficient " mill, and grind the town's grain at toll rates which were established by the grant. In case of his failure to comply with the conditions at any time the right of the stream was to revert to the town. May 28th 1701 the trustees appointed a committee to notify Arthur Futhy that if he failed to put his mill in " good and sufficient repair " within six months the privilege of the stream would be sold at public sale.

WHALE FISHING.

Brookhaven was interested at an early period in the whale fishery, though not to the extent that the towns on

THE TOWN OF BROOKHAVEN.

the ocean eastward were. The custom of running out with small boats and striking whales as they came along the shore was practiced, and its results appear to have been very profitable. June 17th 1667 the town instruct- ed Daniel Lane to " speke to his honer the governer con- cerning the whales at the south that comes within our bounds to be at our dispossing." The Indians had been in the habit of appropriating the whales that drifted upon the beach, and the white settlers, seeing the gain that might be derived from them, were anxious to buy off the Indian claim and secure to themselves the man- aging interest in an enterprise which they believed they could operate to great advantage. Whatever was the result of Mr. Lane's interview with the gov- ernor we find that on the 23d of the following March the inhabitants of Brookhaven bought of the Unkachaug sachem Tobacus the right to all the whales that should come within the bounds of their patent upon the beach. For this right the inhabitants agreed to pay a royalty of five pounds in wampum or some other commodity for each whale they received. Some convenient point seems to have been designated as a place for trying out the oil, and the inhabitants further agreed with the Indians to give three fathoms of wampum to the party that should inform them of the coming of a whale upon the beach, and ten fathoms for bringing a whale round to the place designated for their reception. January 6th 1687 the trustees directed the assessors to raise a tax, a part of which was to be paid in whale oil (thirty-nine barrels) at twenty shillings a barrel. Some idea of the magnitude of this source of profit may be gained from the report of Earl Bellomont to the Lords of Trade July 22nd 1699, in which he declares that Colonel Smith admitted to him that he had in a single year cleared £500 by the whales taken along the beach then claimed by him. A company of men under the direction of Stephen Bayley at some time previous to 1693 were engaged in whale-fishing from the shore, and were stationed upon the beach opposite Moriches, where they had a lookout from which they could discern a whale some distance at sea. This stage or scaffold upon which the watchman stood gave the locality its name Bayley's Stage, which was in use many years afterward.

CONTROL OF SETTLEMENT AND LAND SALES.

It has been already intimated that the primitive town exercised vigilance in guarding against the admission of undesirable persons to the rights of proprietors and the privileges of its citizenship. In 1662 it appears that a man by the name of Richard Bulleck strayed into the town and bought some timber and plank of John Ketch- am for the purpose of building a boat. The townsmen, learning of this circumstance, agreed to give him four months' time in which to complete his boat, and then instructed him to leave the town, and in the meantime not to make any disturbance or buy any land in the town. To this the said Bulleck was required to consent, and further that the penalty for violation of these terms should be confiscation of all his property. March 8th

1664 the town meeting ordered that, to the end that the town be not " spoyled or impoverished," no accommoda- sions should be divided and sold in small parts, but that they should be sold entire, unless consent of the over- seers and constable were obtained. At the same time it was ordered that consent from the same authority must be obtained by any one desiring to be admitted as an inhabitant. The overseers and constable June 29th 1666 established a fine of twenty pounds sterling for vio- lation of this principle. Instances of such violation oc- curred in 1671. February 12th charges had been made against John Roe, Joseph Daves, and Samuel Akerly for selling land without the necessary permission, and the court fined the first three pounds, or to get his land back again, which the others having already done, they were only required to pay a fine of two shillings six pence each. The court, however, supplements its leniency with the declaration, "forever hereafter noe man to plede Ignorance, but to pay the full fine."

Land was taken up during the first years with great ir- regularity-small patches being laid out to individual owners wherever they chose, and as they might select. May 2nd 1704 it was ordered that no land shall be taken up within a mile and a half of the meeting-house. Some who were more greedy than others took advantage of their opportunity for doing so and obtained more land than belonged to them. This being discovered a com- mittee was appointed June 5th 1721 to survey and lay out lands so that all might have alike.

The following interpretation of the bounds of lots ly- ing adjacent to the shores was given by the trustees Feb- ruary 6th 1753:

"Lotts that were laid out on ye Sound and harbors ware Designated to extend to ye Bottom of ye Clefts against ye said lotts, that is, including all of ye said Clefts to ye Bottom; and that Each and every person owning Such Lotts shall be Entitled to ye Same to the Extent by force of this vote."

As the initiatory restrictions faded into disuse the num- ber of inhabitants in the town increased more rapidly. Occasional tracts of common land were sold and the money appropriated to such uses as the trustees approved. Those uses however were not always such as were ap- proved by all the proprietors. Individual owners-es- pecially those holding large shares-did not care to have their property disposed of in that way. Accordingly we find in May 1725 Colonel Floyd and Daniel Brewster protesting against the town selling any more common land. January 14th 1733 there had been a lawsuit car -. ried on between the trustees and Major William Smith with regard to the ownership of certain meadows. Some undivided land of the town had been sold to pay the ex- pense incurred by the trustees. As some of the propri- etors had no interest in the meadows a committee com- posed of Samuel Thompson, Samuel Smith and Richard Woodhull was appointed to equalize the proprietors' rights.

THE COMMON PASTURES.

The following notes of orders in regard to the com-

THE TOWN OF BROOKHAVEN.

mon pastures will show something of the way in which they were managed.

August 22nd 1671 a town meeting voted that the "old feld and litle neck shall be fred of cattle and hogs six weeks after miklmes next and all fenses cept up as it is in somer, and so to continue from yere to yere untell the towne se cause to breke this order."

June 10th 1672 the inhabitants of the high street em- ployed Richard Waring and Samuel Akerly to take their cows from home every morning, drive them to the com- mon pasture, look after them through the day and re- turn them at night; their patrons being the people who lived between Goodman Jenner's corner and Robert Ak- erly's hollow. The arrangement was to continue through the season, and the "cow ceepers " were to be paid two shillings six pence a day and a pound of butter for every cow, payment to be made in corn, wheat and peas.

The common land about the Old Man's was set apart as a pasture, and the decree of August 6th 1689 pro- nounced it a pasture in common forever.

May 5th 1690 a town meeting voted to enforce the act of assembly passed October 31st 1683 forbidding the range of the woods to swine. This regulation must have been wantonly disregarded; we see frequent mention of orders to the same effect, and prescribing fines for viola- tion of them, but still the violation seems to have con- tinued. As late as 1800 and several years afterward the practice of letting hogs run at large seems to have pre- vailed to such an extent as to be a nuisance, requiring frequent legislation of the trustees. The town meeting of the last named year forbade hogs running at large without yokes and rings and ear-marks. The trustees confirmed the action and added a fine of twenty-five cents. The town meeting in 1802 ordered that hogs should not run in the highways without yokes, rings in their noses, and their owner's ear-marks. In 1803 this was strengthened by a fine of seventy-five cents for every violation. The same restriction was repeated in the following years until 1826, when the trustees, May 2nd, altogether prohibited hogs running in the streets.

The following abstract from the records is a curiosity worth preserving. It is added to the confirmation of former laws concerning cattle, cornfields and fences, in this language:

"Whereas swine are unruly creatures & not easily turned by fenceing It is further ordered that all Swine from halfe a yeare old & upward shall not run in the comons near any inclosiers without yoakes of a foot or nine inches above the neck and a cross barr of two foot under the throate & all swine under halfe a yeare old shall bee kept within their owners inclosiers and not to runn at randum in the commons: And by Reason much damage is done yearely by unRuly horses being Turned loos in the Comons: without being sidlined with a paire of fetters noe horses or maires shall runn within a mile of the Towne without being lyable of Poundige ordered likwise that all fences shall bee of four foot & a halfe high good & strong and soe closse that sheep cannot goe through."

May 11th 1696 the trustees, expressing their fears that the commons will be overstocked with cattle, order that no man shall turn upon the commons more than fifteen cattle, five horses and twenty sheep on one right of com- monage. Any one violating this order subjected his stock in excess of the lawful number to be impounded, and in case of refusal to pay the pound fee the animals should be sold publicly and the trustees should give a warranty. On the same day it was ordered that any man was justified in destroying any swine turned loose within a mile of the town plat without being yoked.

May 4th 1697 the town meeting directed that all the common lands westward of the two swamps on the south side of the Old Man's path above the head of Drown Meadow, extending southward to the edge of the Great Plains, northward to the Old Man's path, and west a mile beyond the south path, lie common for feed for cattle and sheep.

The clearing of underbrush upon the commons so as to favor the growth of grass for pasture received in early years general attention and united effort. In 1696 every man having a right of commonage was required to fur- nish two days' work a year toward clearing the under- brush. The town surveyors were charged with the duty of appointing the days for this work, and were required to give a week's notice.

Three sheep pastures were laid out in 1714; one, con- taining 150 acres, near the Old Man's, another near Nas- sekeag and another west of the town.

About 1715 a custom prevailed of selling the grass of the common meadows at South annually at auction to the highest bidder.

April 13th 1730 a large tract of land lying between the "Old Man's cart path " and the "path that leads to Nassakeag " was set apart for a sheep pasture, "to lie and remain unappropriated forever."

November 19th 1733 the trustees ordered that no sheep should run at large in the common from November 25th to March 3Ist, under penalty of having them impounded. During that part of the year no one was required to fence against sheep. Any freeholder driving stray sheep to the pound was entitled to receive from the owner one penny per head, but the fee was in no case to amount to more than a shilling.

The little bayberries which may even now be seen growing upon wild lands were in early times highly valued for their product of tallow. They then probably grew more abundantly than now, and the greedy disposition of some prompted them to begin gathering them before their maturity had perfected the greatest possible amount of tallow. To prevent this abuse of a public interest the trustees, August 6th 1787, enacted that no bayberries should be gathered upon the commons or beaches of the town until the 15th of September, under penalty of a fine of sixteen shillings, one-half of which was to be paid to the person giving information and the other half to the town.

As the animals running in herds upon the common pastures became more numerous the system of ear-marks

THE TOWN OF BROOKHAVEN.

was devised to enable the different owners to identify their property. Both ear-marks and brands were in use as early as the year 1700. The latter probably soon af- ter fell into disuse. A description of the peculiar mark of each individual was registered upon the books of the town, and the entry generally accompanied a rude illus tration to correspond. We copy from the town records a few of the earliest and most curious of these entries for example. The number of ear-marks registered be- tween April 6th 1758 and February 9th 1792 was five hundred and sixty-six.

"May ye 18th 1758."

"Thomas Helme his Ear mark is a Crop on ye Right Ear and a Slope ye under Side ye Same Ear and a half by the presence of the governor of the colony. It is penny ye uper Side ye Left Ear and a Crop on ye Left Ear." presumed that he took some part in the deliberations and probably gave some wise advice to their action. It was "September ye 5th 1758." at that time agreed that every man's allotment of forty " William Brewster his Ear marke is a Swallow fork in Each Ear." acres should be made up as near as convenient, and after "October ye 19th 1758." that land might be given to any approved young man who should apply to the constable, justice and overseer. "Humphrey Avery Jr-his Ear mark is an Ell ye uper sid of ye Right Ear." Ten acres seems to have been the quantity generally given to young men according to this order.

" The said Avery hath given up this mark." "October ye 26th 1758"

" Humphrey Avery Jr-his Ear mark is Squar Crop on ye Left Ear and a Stop Crop on ye uper Sid ye Right Ear."

" May ye 18th 1759"

Isaac Biggs his Ear mark is a Crop on ye Left Ear and a half flower of Deluce ye under Side ye Same Ear." "July ye 17th 1759'

" Frank Burtos Ear mark is a crop on ye Left Ear and a half penny ye uper Side of ye Right Ear and a nick ye under Side of ye Right Ear."

"February ye 25th 1760: Selah Strongs Ear mark is a half penny the under side of ye Right Ear and a hole in ye Same Ear."

" May ye 19th 1763"

" Able Swezey his Ear mark is a Crop on ye Right Ear and a half penny ye under side of ye same ear and a half penny ye uper Side the Left Ear and a Slit in ye crop."

" April the 22nd 1788 Zebulum Woodhull's Earmark is a hollow Crop in the right Ear."

" May the 12th 1788. John Biggs his Ear Mark is a Slop under the left ear and a latch under the Right and a half penny under each."

TOWN FINANCES.

In relation to the matter of raising taxes the town meeting voted May 25th 1668 that rates should be levied by lands only, and that every accommodation should pay alike. To make the justice of this order more apparent it was at the same time ordered that every inhabitant should have his lands made up equal in acres.

At the town meeting in July 1672 it was voted that no more land should be laid out to strangers. This may have been the time when the number of proprietary rights was fixed at its maximum limit.

A town meeting held May 9th 1676 was made notable

When the question of obtaining a patent under Gover- nor Dongan was agitated a special town meeting for the consideration of the subject was held at the meeting- house on Monday the 29th of November 1686. Some steps had already been taken and Samuel Eburne had gone to New York on the business. At that meeting the town voted to pay the expenses already incurred by Mr. Eburne, and delegated Andrew Gibb to join him in repre- senting the town, with instructions to proceed according to former agreements. There appears to have been a difference of opinion between Mr. Eburne and the town in regard to the matter-perhaps touching the form and terms of the patent; for a few days later, the town being apprised of Mr. Eburne's refusal to act according to their instructions, another meeting was held (December Toth) and Thomas Jenner was chosen to join Mr. Gibb in prosecuting the application for a patent. The busi- ness was then successfully accomplished and the patent issued on the 27th of the same month. January 6th of the following year the trustees ordered that releases be given to the inhabitants for all houses and lands possess- ed then or taken up before the town's patent. A warrant was given to the assessors at the same time for raising £112 to meet the expense of the patent. Of this sum £20 was to be paid in twenty barrels of whale oil de- livered at New York, £19 in nineteen barrels of whale oil delivered on the south coast, and the balance in cows and calves or current money, before the 15th of the en- suing April. In order to make the assessment equitably the town meeting ordered later that all the inhabitants be required to bring accounts, " fairly written," of their respective properties, to the assessor's, "at or before the 29th day of September being Michaelmas day." Each man neglecting to do so should pay the assessor six pence for the trouble of calling upon him, and any man with- shillings an acre for all that his account was short.

A pound for the confinement of animals found at large in violation of law was at an early day found to be necessary. The first mention of one is in 1672, when (March 16th) Henry Perring is authorized to construct one and to act as pound master. But there had been one in use before that time, probably from the very first year of settlement, since we find the old one is given to Perring for his own use. At that time the "pounder's " fees were established as follows: three pence for a horse, two pence for a beast, one penny for a hog and a half- penny for a sheep or goat. Other pounds were subse- quently established-one in 1701 " against Jacob Long- bothan's near the Brook," in 1716 another to be built at Fireplace, another at a place not named in 1727, and another at Old Man's in 1740. In 1722 Nathaniel holding a full account of his land should forfeit five Brewster was chosen to keep the pound key for a year.

THE TOWN OF BROOKHAVEN.

The different rates to be made up in 1688 were county rate, judge's rate, minister's rate, quit-rent rate, governor's rate and the town rate. The most of these rates were payable in produce or cattle, but the quit-rent probably had to be paid in money.

In respect to the payment of quit-rents we are led to suppose that great irregularity existed. The forty shil- lings named in the patent was paid for the following two years, but the change of government which followed gave occasion for change in this matter. Under some pretext or another the demand of Governor Fletcher, whose ad- ministration commenced in 1692, must have been for a greater sum than the patent named, since we find a rate of £12 10s. 3d. being ordered June 9th of that year for the payment of quit-rent. In 1695 the trustees ordered a quit-rate to be levied on improved land and stock. This was collected,-what sum we are not told,-but it does not appear to have been paid over; for August 30th of that year the trustees ordered that the money which had been left " in bank " with Timothy Brewster " with an in- tent for the quit-rent " should be otherwise appropria- ted-at least a part of it. This leads us to conjecture that after raising the money the authorities determined not to pay more than the amount originally named. How long the payment of even that sum was continued we are not informed. March 16th 1702 a town meeting was called for the purpose of considering the subject, the town being then several years delinquent in its payments. The justice failing to appear at this meeting nothing was done. It is probable that the payment of quit-rents from that time, or soon after, ceased.

BROOKHAVEN IN LEISLER'S TIME.

The following items indicate something of the position of Brookhaven during the period of anarchy which fol- lowed the accession of William and Mary to the throne of England, February 16th 1689, and at the restoration of order in 1691.

At a town meeting held April 29th 1689 it was voted that Joseph Tooker should continue constable until an- other should be chosen in his stead, and that the inhabitants would be obedient to the officers of militia formerly established, and that they would regard and obey Richard Woodhull jr. as justice of the peace until further order. The town also voted the same day to render the same respect and obedience to Richard Smith jr.

Fearing that the popular excitement and unsettled con- dition of the government might suggest to the Indians an opportunity of committing acts of hostility, or that they might sympathize with the belligerent tribes of the north- ern frontier, the town meeting on the 7th of the following month decided to disarm the Indians and to leave the guns of those on the south side with Captain Woodhull there. It is probable that no trouble of a serious nature was experienced in carrying out this order. Owing to the uniformly friendly relations existing between the townspeople and the Indians, and the confidence which the latter reposed in Captain Woodhull, they were ready

to submit to almost any demand that with a little argu- ment could be made to appear at all reasonable.

On the 8th of June the town meeting delegated Cap- tain Woodhull to represent the town in the convention at New York in the interest of the " good and security of the country," and the trustees were instructed to give him the proper credentials. Justice Richard Smith was also authorized to go as second or alternate, and the town agreed to bear the expense of the delegation.

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