USA > New York > Suffolk County > History of Suffolk county, New York, 1683 > Part 92
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PURCHASE OF THE WESTERN PART OF THE TOWN.
The circumstances connected with the purchase of the western portion of the town have never appeared in any printed history, and for that reason we feel justified in treating the subject at length. For nearly twenty years after the settlement this tract of territory had lain un- purchased from the Indians and unclaimed by any town. The first purchase of any portion of it was made by Lion Gardiner, and the deed is as follows:
"Bee it knowne unto all men by this present writing that this Indenture, Covenant or agreement was made the tenth of June in the year of our Lord 1658, betweene Wyandance, Sachem of Paumanack, with his son Wya- combone and their associates, that is, Sasagataco, Checa- non & mamaneto, on ye other side Lyon Gardiner for himself, his heirs, executors and assigns, that is to say, that the foresaid Sachem Wiandance hath sould for a considerable sum of money and goods a certain tract of beach land, with all ye rest of ye grass that joynes to it, not seperated from it by water-which beach begins east- ward at the west end of Southampton bounds, and west- ward where it is seperated by ye waters of ye sea coming in out of ye ocean sea, being bounded Southward with the great sea, Northward with the inland water-this land and the grass thereof, for a range or run for to feed horses or cattle on, I say I have sold to the foresaid Lyon Gardiner, his heirs, executors and assigns for ever,
for the sum aforesaid, and a yearly rent of twenty-five shillings a year, which yearly rent is to be paid to the foresaid Sachem, his heirs, executors and assigns for ever, in the eighth month (called October) then to be de- manded. But the whales that shall be cast up upon this beach shall belong to me and the rest of the Indians in their bounds, as they have beene anciently granted to them formerly by my forefathers. And also liberty to cut in the summer time flags, bullrushes, and such things as they make their mats of, provided they doe noe hurt to the horses that is thereon. And this writing is to be un- derstood according to the letter, without any reservation or further Interpretation on it. We have both of us In- terchangeably set to our hands and seals.
" THE SACHEM X His mark, "LION GARDINER."
On the 23d of December 1658 Lion Gardiner trans- ferred his interest to John Cooper.
The second purchase, or what is known in our records as the " Quogue purchase," was made in 1659 by John Ogden, at that time one of the most prominent inhabi- tants of the town. He afterward removed to New Jer- sey, where his descendants have attained to wealth and honor. The following is the deed for the "Quogue purchase:"
"May 12th 1659 .- Be it knowne unto all men that by this present writing that I Wiandance, Sachem of Pauma- nack on Long Island, have upon deliberate consideration, and with my sonne Wiacombone, both of us together, given and granted unto Mr. John Ogden and his heirs forever, I say freely given a certain tract of land begining at the westward end of Southampton bounds, which land is bounded eastward with Southampton bounds, and with. a small piece of meadow which I gave to Mr. John Gos- mer, which he is to enjoy. Northward to the water of the bay, and to the Creeke of Accaboucke, Westward to the place called Pehecannache, and Southerly to Potunk, three miles landward in from the highwater mark and creeke of accabouche, and soe to the west. But from this three mile breadth of land southward all the land and meadows toward the South sea, the beach only ex- cepted, which is sold to John Cooper, I say all the lands and meadows I have sold for a considerable price unto Mr. John Ogden, for himself, his heirs, executors and as- signs forever, upon conditions as followeth: First, that Thomas Halsey and his associates shall have the privi- lege of the piece of meadow called Quaquanantuck the terms of years formerly granted to him or them; But the land lying betweene Quaquanantuck and three miles northward he shall or may possess and improve at present, but when the years of the aforesaid Thomas Halsey shall be expired then shall the aforesaid Mr. John Ogden or his assigns fully possess and improve all Quaquanantuck meadow with the rest aforesaid, and then shall pay or cause to be paid unto me Wyandance, my heirs and as- signs, the sum of twenty-five shillings a yeare, as a yearly acknowledgement or rent forever, And it is also agreed that we shall keepe our privilege of fishing, fowl- ing, or gathering of berries or any other thing for our use. And for the full and firme confirmation hereof we have both parties set too our hands, markes and seals interchangeably. The date and year above written."
This tract of land was afterward sold by John Ogden to Captain John Scott (whose exploits in the way of land speculations kept the early settlements of Long Island in hot water for a long term of years), and was by him sold to the town February 2nd 1663.
9
THE TOWN OF SOUTHAMPTON.
A purchase was afterward made by Captain Thomas Topping of the whole tract of land from Canoe Place to what is now the western boundary of the town. This will appear from the following deed:
" This writing, made the tenth day of April 1662, be- tween Weany Sunk, squaw, Anabackus and Jackanapes, all of them residents of Shinecock, near Southampton on Long Island, on the one partie, and Thomas Topping, of Southampton on the aforesaid Island on the other partie, Witnesseth That wee the said Weany, Anabackus and Jackanapes have given and granted unto * * *
Thomas Topping aforesaid *
*
* all our right, title and interest that we have or ought to have in a certain tract of land lying and being westward of the said Shinecock and the lawful bounds of Southampton, * * * to begin at the Canoe Place, otherwise Niamuck, and soe to run westward to a place called and known by the name of Seatuck; from thence to run northward across the said Island or neck of land unto a place called the head of the bay; with all the meadows, * * * together with half the profits and benefit of the beach * *
* in respect of fish, whale or whales, that shall by God's providence be cast up from time to time. To Have and to Hold all the fore mentioned demised prem- ises, with all and singular the appurtanences * *
* to him the said Thomas, his heirs, * * * for and in consideration of four score fathoms of wampum or other pay equivalent, * *
* at or before the first day of4 December next ensueing."
This deed and the previous transfer to John Ogden evidently excited the jealousy of the town, and the parties who had made the deed to Captain Topping were not re- cognized as being authorized to sell the land or any part of it. A long and bitter controversy ensued between the town and the parties mentioned, especially Captain Topping, and on the 17th of September 1666 a deed was given by the son, daughter and widow of Mandush, and other head Indians of the tribe, by which they conveyed all the land mentioned in the deed to Captain Topping, "unto our loving ffriends the Townesmen of Southampton, to them and their successors forever. With this proviso & consideration that if General Nicolls, whom we acknowledge the honbbl & discreet Governor of this Island, doth upon examination find us to bee the true proprietors of ye said lands."
The controversy was finally settled by Governor Richard Nicolls, who by the consent of all parties was empowered to decide the matters in difference. Of his decision the following is an abstract:
"Whereas, Mr. John Howell and Henry Pierson are de- puted by the town of Southampton to prosecute or con- clude a difference with Captain Thomas Topping, which difference hath also relation to John Cooper, in respect of his claim of Interest, To which end all ye said parties shewed severall writings, whereof were three deeds-one of these from John Scott to Southampton men, another from some of the Shinecock Indians to Capt. Topping, and the other from Lyon Gardiner to John Cooper. Now know all persons by these presents that ye said parties, namely Capt. Tho. Topping, the depities from Southampton and John Cooper have fully and absolutely reffered themselves to my determination. * * * I doe determine as follows: That the said Capt. Topping and John Cooper shall fully and freely deliver up unto the town of Southampton all their deeds * * that *
they have of a certain tract of land now in controversy. and all the right and interest in the said tract of land doth and shall belong unto the towne of Southampton (viz: that have and doe pay purchase) and their succes- sors for ever. * * * And in consideration the towne shall pay unto Capt. Thomas Topping the sum of five pounds, * *
* and to the Indians concerned to re- ceive it four score fathoms of wampum, the wampum be- ing accounted at six for a penny. Also the towne shall let him the said Capt. Topping have a £150 allottment in the said meadows. Moreover I doe determine that the said John Cooper shall pay unto the said Capt. Top- ping the sum of £15 besides and above what he oweth him, and shall give up his interest in a £150 allotment which he hath in said meadows unto him the said Capt. Topping, all of which is in consideration of the whales * which may be cast upon the beach. * * And this to be the issue and final determination concerning the premises. Dated in Fort James in New York the 3d day of October 1666."
That part of the town to the west of the tract de- scribed in the deed from the sachem Wyandance to John Ogden has always been called " Topping's purchase;" its eastern boundary is a line running from Beaverdam to Riverhead.
PROPRIETOR RIGHTS.
The question as to the ownership of the undivided lands and "proprietor rights " has been a fruitful source of contention and the cause of expensive lawsuits, and as the nature of these "rights " is not generally under- stood, some explanation seems necessary. The land in the " Town purchase " was purchased by the original " undertakers " and their associates in different propor- tions, and the interest of each man was in proportion to the amount he had paid toward the purchase. In 1648 the whole town was supposed to be valued at £6,000, and divided into 40 lots, so that a £150 allotment would be one whole share. Each lot was subdivided into three " fifties," as they were called, and this was for many years the smallest subdivision. These men who had purchased the town were called " proprietors," and each man's portion in the undivided land was called a "pro- prietor right." At the time of the settlement mechanics who understood useful trades were sometimes induced to settle in the town by being granted a £50 allotment, which entitled them to a house lot and a proportionate share in the undivided lands. But nothing was more clearly understood than that no one was entitled to a share in common unless he had purchased the same, or had been presented with it by the body of tenants in common. As has been stated the original number of shares was 40. An additional share was given to the minister, and by shares allotted to new comers the num- ber was at length increased to 51-the highest number. A decidedly erroneous construction of the terms em- ployed in the patent of Governor Dongan has led many misinformed persons in modern times to suppose that the undivided lands and lands under water are the property of the town at large. Under this patent the freeholders and commonalty of the town were empowered to elect annually 12 trustees, who managed the affairs of the
10
THE TOWN OF SOUTHAMPTON.
town in general, and also had the management of the un- divided lands, subject to the vote of those who were owners of them, so that the trustees of the town and the proprietor trustees were for a long time identical. At length, in 1818, the proprietors became an incorporated body, annually electing their own trustees, and the two interests became separated. Thus the modern "propri- etors " are simply the heirs and assigns of the body of men who bought the town in the beginning.
DIVISION OF THE LAND.
The word " lot " is a purely American word when it denotes a piece of land, and is derived from the prac- tice of the early settlers of dividing the lands they held in common into separate parcels, and distrib uting them by lot. The method adopted in this town was as follows: A large extent of land to be divided was surveyed into as many parts as there were £150 allotments in the town. Care was taken to make these parts as equal in value as possible, and if any lot was of less value than the others it was made equal by an addition of a small piece of land in another place, and this addition was called an "amendment." This work was done by persons appointed by the trustees, who in later years employed a surveyor to assist them. The land being thus laid out the proprietors were notified to attend the "drawing." The number of each lot was marked upon a slip of paper, and placed in a box. In another hox was an equal number of slips of paper, and upon each one was written the name of one or more proprietors, the sum of whose shares amounted to a £150 allotment. After being mingled, a slip was drawn from the box containing the numbers, and another from the box containing the names. These two slips were then fastened together, and a record made of the drawing, and the little pieces of paper were put in the town clerk's possession as evidence of the same. Many of these are still in existence. No fairer method could be devised, and it was used from the first to the last division.
At the time of the settlement small pieces of land were taken up without regard to quantity or proportion. To use a common expression, "land was plenty then," and if any regular division was made no record remains. first land cultivated was probably on the " great plain," which was a general name for the tract of land lying be- tween the Town Pond and Shinecock. Different parts of this plain had different names. The lots next the Town Pond, now occupied by the handsome houses of wealthy summer residents, were called the "thirteen-acre lots." The tract lying north of the "Captain's Neck road" was called the "ox pasture." That between this road and the Cooper's Neck road was called the "ten-acre lots;" while the land lying east of the Town Pond and next the ocean was called the "little plains."
ocean to Sagg Pond, and a few lots were at Mecox, be- yond it.
The next division was that of the "ox pasture," in 1676. As this was very near the village it was conducted to give the North Sea people some land at Mecox ad- joining the east side of Sagg Pond, near the beach, in lieu of their part of this division. The rest of the land at Sagg was divided in 1677. The division of Hog Neck was made in 1680.
The "40-acre division," so called from the number of acres in a lot, was laid out in 1679. This was a tract of land on both sides of the " range of ponds running from the East Hampton road to Scuttle Hole." Part of it was on the north side of the Scuttle Hole road, and a few lots lay at the head of the mill-pond.
The meadows on the beach were divided in 1687. The "South division," embracing the land north of Bridgehampton street, was laid out in 1712.
The North Side division, being land at Noyack and vicinity, was laid out the same year. The 30-acre divis- ion at Mecox was made in 1677. The Great North and Great South divisions were the large extent of woodland lying between the East Hampton line and the Shinecock Hills, laid out in 1738. The Little South division con- sisted of small parcels of land lying at different places, from the East Hampton line to the Shinecock Hills, laid out in 1763. The Sag Harbor little division was laid ont in 1745.
The only part of the western portion of the town which was for long years considered of any value was the salt meadows which skirt the borders of the bay. As these produced annually an abundant crop of grass with- out labor or cultivation, it is not strange that they should be considered of more importance than any other land. Tradition states that it was in ancient times the custom for the owners of meadows at Quogue and Speonk to mow the grass at the proper season and stack it in well fenced enclosures, and, driving their cattle to these places, to leave them in charge of one or two men, who daily foddered them and spent the rest of the time in the agreeable pastime of hunting, game being then ex- ceedingly abundant. The first division in the western part of the town was made in 1673, and was the division of The the meadows at Quogue. The division of meadow at Catcheponack, Potunk and Onuck was made in 1683. The Accabog meadows, lying between Red Creek and Flanders, were laid out in 1686. The meadows at Speonk and on the West Beach were divided in 1712.
The vast tracts of woodland in that section were of little value at that early period, and it was not till 1738 that the first division was made, as follows: The Lower division, Quogue purchase, embraces a tract of land next to the bay. at Onuck, Ram pasture, and the tract south of the Country road at Good Ground. The same year was laid out "North " or " Upper" division. This was a tract bounded west by Beaverdam, north by the Country road, south by highways laid across each neck, and east by the creek called Achabacawesuck. The "Canoe Place
The first regular division of land recorded is called the "Sagaponack division," and was made in 1653. This was a tract of land commencing at Wainscott, at the East Hampton line, and extending westward next the division," made in the same year, is bounded south by
İİ
THE TOWN OF SOUTHAMPTON.
the Country road from Canoe Place to Tiana, west by a line from Tiana to Red Creek, north by the beach next the Peconic Bay (but the beach itself is not included in the lots) and east by Canoe Place. The Accabog divis- ion is bounded east by Red Creek, south by a line from the south end of Red Creek Pond to the road from Quogue to Riverhead, and west by that road. The Last division, "Quogue purchase," is bounded south by the Country road from Tiana to Beaverdam, west by a line from Beaverdam to Riverhead, north by a line running nearly due west from the head of Red Creek Pond to the road from Quogue to Riverhead, and east by a line from Red Creek Pond to Tiana.
Of the divisions in Topping's purchase the first is called the "Speonk division," and is bounded east by Beaverdam River, north by the Country road, west by Seatuck River, and south by the bay.
By the terms of the deed from Wyandance to John Ogden, a tract on the north side near Flanders was not included in the Quogue purchase. This is the Accabog division, and lies north of the Riverhead road. It was made in 1763.
The Last division is a vast tract of woodland bounded south by the Country road, east by the Quogue purchase, north by Peconic River, and west by Seatuck River. It was laid out in 1782.
The undivided lands in the town are now only a few insignificant pieces, and a "proprietor right," once so important, is little more than a name.
PATENTS FOR THE TOWN.
The English crown, by virtue of first discovery, claimed the absolute ownership and jurisdiction over all parts of North America so discovered, and all towns were required to obtain from the colonial governors patents for their lands, and to pay for the same a quit- rent as acknowledgment of the sovereignty of the king of England. When Long Island, together with the rest of the province, came into the hands of the Duke of York this town was required to obtain a patent, in com- mon with the other towns on the island. At the time of the settlement the title to Long Island was vested in the Earl of Stirling, and the patent from James Farrett as his agent was deemed by the settlers a good and suffi- cient title to their lands; consequently they looked with alarm upon the attempt of Governor Andros to compel them to take a new patent from him as representative of the Duke of York, and a remonstrance was sent to the governor, of which the following is an abstract:
"SOUTHAMPTON, Feb. 15 167 -.
" To the Governor.
" HONOURABLE SIR: We the inhabitants of this town do hereby present unto you our humble service &c., to show our respect to your honour's pleasure and our obe- dience to the order of the honourable court of assize. We are bold to manifest herein unto you some reasons why we are unwilling to receive any further patent for our lands, as followeth:
" Ist. Because, as we have honestly purchased them of the natives (the proper and natural owners of them), so
also we have already the patent right, lawfully obtained and derived from the honourable Earl of Stirling, we be- ing to pay one fifth part of gold and silver ore and four bushels of Indian corn yearly.
" 2nd. Because the injunctions laid on persons and plantations by the laws in 1666 *
* * we conceive intended not the plantations on this east end of the island.
"3d. Because those of us who were first beginners of this plantation put none but ourselves to the vast charge of our transport hither; we greatly hazarded our lives (as some lost theirs); * *
* yet through Divine Provi- dence. we have possessed our lands about 30 years * *
* and therefore we cannot see why we should lose any of our rightful privileges.
"4th. And materially, because by our said patent we had license * * * to put ourselves under any of his Majesty's colonies, whereupon by willing consent we put ourselves under Hartford jurisdiction; and when the worthy Mr. Winthrop obtained a patent our town is in- cluded and some of the then chief members of our town expressly nominated in the patent.
"5th. * * * The patents we have seen seem to bind persons and towns in matter of payment to the will and pleasure of their lord and his successors, and who can tell but in time to come those may succeed who through an avaricious distemper may come upon us with such heavy taxes as may make us or our poor posterity to groan like Israel in Egypt?"
The remonstrance goes on at length to state other reasons why they should decline to accede to the wishes of the governor. The whole matter from various reasons was put off till 1676, when another protest was sent. This came before the court of assizes, which was com- posed of the governor, council and magistrates of the several towns, and " after serious consideration the court gives judgment, that the said town for their dis- obedience to law have forfeited all their titles, rights and privileges, * * * and if they do not by Monday fortnight next, being the 23d of this instant month [October 1676], send up the acknowledgment of their desires to obey and fulfill the law, then execution to issue out by authority of this court * *
* without further delay."
This soon brought the town to terms, and the patent was obtained, of which the following is an abstract:
"Edmond Andross, Esqr , Seigneur of Sausmarez, Lieut. and Governor Gen'all under His Royall Highness James Duke of York and Albany &c. of all his Territoryes in America, To all to whom these presents shall come sendeth Greeting. Whereas there is a certain Towne in the East Riding of Yorkshire upon Long Island commonly called and knowne by the name of South Hampton, situate, lying and being on the South side of the said Island, toward the Maine sea, having a certaine Tract of Land thereunto belonging, the Eastward Bounds whereof extend to a certaine place or plaine called Wainscutt, where the bounds are settled betwixt their Neighbors of the Towne of East Hampton and them; Their southern bounds being the Sea, and so runs westward to a place called Seatuck, where a Stake was sett as their farthest extent that way; Then crossing over the Island to the Northward to Peaconick great River (not contradicting the agreement made betweene their Towne and the Towne of Southhold after their tryall at the Court of Assizes), and soe to run Eastward along the North bounds to the Eastermost point of Hogg neck over against Shelter
1 2
THE TOWN OF SOUTHAMPTON.
Island; Including all the Necks of land and Islands within the afore described bounds and Limits;
"Now for a confirmation unto the present Freeholders Inhabitants of the said Towne and precincts, Know Yee that by virtue of his Majestie's Letters Pattents and the Commission and Authority unto mee given by his Royall pation gone, and their powers and duties are merely nom - Highness I have Ratified, Confirmed and Granted * * * unto John Topping (Justice of the Peace), These two patents, engrossed on parchment, are still in existence in the town clerk's office, and are very inter- esting relics of the past. Governor Dongan's patent was printed in 1835, by order of the town, and that of Governor Andros may be seen in the appendix of vol- ume II of printed records. Captain John Howell, Thomas Halsey Senior, Joseph Raynor (Constable), Edward Howell, John Jagger, John Foster, and Francis Sayre (Overseers), Lieut. Joseph Fordham, Henry Pierson, John Cooper, Ellis Cooke, Samuel Clark, Richard Post and John Jennings, as Patentees, for and on the behalfe of them selves and their Associates the ffreeholders and Inhabitants of said town, * * All the afore mentioned tract of land DISPUTE WITH SOUTHOLD ABOUT ACCABOG MEADOWS. * * * with all Rivers, Lakes, waters, Quarrys, Wood- lands, Plains, Meadows, pastures, Marshes, ffishing, Hawking, Hunting and ffouling, And all other Proffits and Commodities *
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