USA > New York > Suffolk County > Babylon > Huntington Town records, including Babylon, Long Island, N.Y. 1688-1775, Volume II > Part 9
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Witness
ROBART KALLAM
THOMAS KETCHAM his × mark JOHN KETCHAM (Deeds, Vol. 1, p. 508.)
[DEED. EDWARD RETCHAM TO EDWARD BRUSH.]
[Abstract.]
[1694, April 5.]
This Indenture made ye 5th of Aprille 1694 Betwene Edward Ketcham & Edward Brush, Witnesseth yt ye sd Edward Ketcham by & with y' approbation & consent of Mary his wife, for ye summ of five pounds in Curant pasa- ble paie, as Is menconed In my bill of Debet to bee paied unto ye sd Edward Ketcham or his asignes by ye 15 of Dec. next insuing, by ye sd. Edward Brush, hath given granted bargned & sould, alienated, &c. unto ye sd Edward Brush his heirs & asignes for ever a hundred Right of Land & Comonage belonging to ye town of Huntington, with all rights & priveledges, but ye sd. Edward Brush Doth give leave to ye sd Edward Ketcham to gett timber & stone upon ye sd hundred Right of Land untill ye Comons come to be laid out with full covenant & warranty
I34
HUNTII GTON TOWN RECORDS.
of title, in witnes hereunto wee have Interchangably set to our hands & seale ye Daie & yeare above written
JOHN KETCHAM
EDWARD HIGBEY EDWARD KETCHAM her MARY X KETCHAM mark
Acknowledged the 23 Nov. 1694
JOHN WICKES Justice of the Peace. (Deeds, Vol. 1, pp. 307-8.)
[TOWN MEETING. TRUSTEES FIRST ELECTED.]
[1694, April 9.]
Aprell the 9th 1694.
At a generall towne meeting Legually warned the same Daye It was voted & agreed unto that they Do and will for ye futer paye unto M' Eliphelet Jones fiftey pounds In marchantable Curant paie pr anam which ye towne for- merley Ingaged to pay him & stands now upon Record In ye towne Booke.
The same Daye was thomas Smith Chosen Constable for this present yeare.
The same Daye was Richard Brush Chosen Colecter for this present yeare.
The same daye It was Legalley voted & Consented unto bey ye towne that seven menn shall be chosen for trustees for ye managment of all town afaires.
The same Daye was John Adams & John wood Chosen asesors for this present yeare.
The same Daye was John Adams Chosen superviser to go Downe ye Island about Cuntey afaires.
135
HUNTINGTON TOWN RECORDS.
The same Day It was voted & Consented unto by ye towne that ye seaven menn yt are Chosen trustees shall have the ordring & managing of all town bisenes tell ye town Doth Reseave ye pattin if it bee within ye yeare.
The same Daye it was voted & Consented unto by ye towne that Jonas wood shall exchange ye twelve Accars of Land yt was formeley granted to him by ye towne yt lyes betwene thomas Brushes holow & ye hilles & to take it up by Low ye Long pond upon ye plans.
The same Daye ware Chosen for trustees for managing of all town afaires.
John wood John wickes
Cap. wickes Thomas Brush Jonas wood
Cap. Bailey John Adams *
The same Day It was voated & Consented unto that Jer-
[* We have seen that on December 4th preceding this, the peo- ple had voted to procure a new patent from the Colonial Gov- ernor, Benjamin Fletcher. Though this patent was not exe- cuted until Oct. 5, 1694, seven months after this town meeting, it is probable that the application for it had been made, its terms settled upon, and the grant promised, for we find the people now electing seven Trustees to manage the town prop- erty and the same seven men were appointed by the patent. Trustees had been provided for in the Dongan Charter, dated 1688, but it was withheld from the town until 1691, and there is no record that the people ever elected any Trustees under it. This new patent provided for the election of seven Trustees, and the Board of Trustees whose names are given in this rec- ord, is the first Board of Trustees ever chosen in Huntington. They were afterwards annually elected separate from all other officers until 1872, a period of one hundred and seventy-eight years, when the Supervisor, Town Clerk and Assessors were made ex officio the Board of Trustees of the Town of Hunting- ton .- C. R. S.]
I36
HUNTINGTON TOWN RECORDS.
emiah Smith shall have five acars of Land In A holow up- on ye plaines betwen ye head of Cowharbour & Joseph whitmans great holow nor west or there abouts from Jer- emiah Adams pound.
The same Day It was voted & consented unto yt Stephen Jarves shall exchange six acars and halfe of Land In ye east neck & to take It up at ye vinard, Laying Down all other grants of out Lands joyning by my other six acares at ye vinard.
Laid out by us whose names are under written for water noakes forteen acers of land lying about his now dwelling house the leitle walnut tree that stands by ye ould well is walter noaks bound tree, twelve acars lying below ye tree and twoo acars above ye tree laid out by us JOHN WOOD &' JOSEPH WOOD Survayrs.
(Deeds, Vol. 1, pp. 299-300.)
[LAND OF JEREMIAH SMITH.]
[1694, May 2.]
Laid out two a parsell of Land for Jeremiah Smith by John wood and Joseph wood at ye haye hollow eight acares forty Rods In Length and thirty two rods In breath the other parsell Lyeth nor west or there About from Jere- miah Adamses pound betwene the head of Cowharbar and Joseph Whitmans greate holow Containing five acares be it more or Les Lying forty Rods In Length and twenty rods In breath Laid out the 2d Daye of may In ye year 1694 By Mee John Ketcham, Rec"
(Deeds, Vol. 1, p. 114.)
I37
HUNTINGTON TOWN RECORDS.
[CONCERNING PURCHASES FROM INDIANS.]
[No Date.]
Whereas wee have bought the upland on the west Neck, at South, of the Indians, for the preventing of strangers bying of it, which had sertenely benn Don had not wee bought it as wee Dead, this thearefore is to. Give nootes to all those that are consarned on the sd. neek and have an intrest of medow, that if they will, within a weekes time after ye Date hereof, paie us their proporshon of it in Money, the which wee ware forced to paye within three Daies After wee had made ye bargan, and theare equall proporshon of what Remaines to bee paid, which Is In all 15 pound, In money, besides A barrell of sider at ye making of ye bargan satisfying, they shall have every man his sheare of Land Equall to his on medow, for wee bought It not to In Creach ye land to our selves but to provent others. (File No. 57)
for Cloth & buttons & faceing for
£
s.
d.
Swanamees Coat
O1
04
0
for makeing ye Coat, Silk & thread
00
05 00
To Thom. powell .
04
04
08
To Jonas Wood S'
00
o8 08
To Tho: ffleet ST
00
06
II
To James Chichester Ju"
00
05
06
To Epenetus Platt
00
16
04
To Tho: Whitson
00
02
08
To John Ketcham
00
02
08
To Tho: Brush
00
02
08
To Sam Ketcham
00
05
04
To Epenetus Platt
00
02
08
To James Grayham
09
I3 02
To Isaac Platt
·
03
IO
os
21 II 08
138
HUNTINGTON TOWN RECORDS.
for 2 quire of paper
00 01 06
for expenc in all ye Jorneyes 03 06 09
24 19
for charg Epenetus Plat exspended 7 05 This charg amounts to 38 34ª p hundred & each man to pay 38 p bush11 wheat, fraight & 8ª for each hide in mony. John Ingersoll seth he paid the fraight. (File No. 59.)
[1694, July 15.]
July ye 15th 1694
Whereas Joseph Whitman sen' had liberty to take up his division of land where he should see cause, therefore sd. Joseph Whitman have taken up a hundred & twenty Acares of land on ye south side of the town at a place known or called by ye name of gorges spring. writen by mee John Ketcham by order of Joseph whitman sene 1694. (Town Meetings, Vol. 1, p. 75 )
[DEED. NATHANIEL FOSTER TO SAMUEL FOSTER.]
[Abstract.]
[1694, Sept. 18.]
Know all Christan pepell to whom thes p'sents may come I Nathanill foster Sent of ye town of Huntington, for ye Great Love I bare unto my sonn Samuell foster Doe willingly manifest it as followeth
Know ye that I Nathanill foster, & wife have given, grant-
139
HUNTINGTON TOWN RECORDS.
ed made over from me my heirs executors administrators & asignes all my Right title & Intrest that I have In my hous Lott & orchard situate &c In ye town of Huntington joying to Bengiman Scuders Lott, allsoe twelve acars of Land a lettel to ye eastward of ye sd. Lott Lying by a high way that goeth to Cow harbour ye Lands of John Platt one ye Southeast ye north side with ye woods In comonage, containing as afore sd. twelve acars bee it more or less, I say ye house Lott & orchard with ye other peece of land afore mentioned I have made over unto my sonn Samuell foster his heirs, executors, administrators & assignes to have & to hould &c for ever. In witness whereof I have hereunto set my hand & seale the eighteenth Daye of Sep- tember 1694.
Witness
NATHANILL FOSTER
ELEZEBETH KETCHAM JOHN X KETCHAM
Acknowledged 29 of Nov. 1694. JOHN WICKS Justice
(Deeds, Tol. 1, p. 310.)
|LAND OF JOHN KETCHAM.]
[1694, Sept. 18.]
September ye eighteen 1694
Laid out for John Ketcham Acording to town Grant twelve acars of Land on ye south east side of the Cove swamp on ye North side hors neck path forty eight Rods In Length by ye swamp side and forty Rods in bredth south ward bounded by a Read oake standing In ye Corner of ye swamp on the west Corner and so on a strait Loyne by the swamp side to a young Chesnut tree by ye swanpe side on ye north east corner so on a strait Loyn to a war- nut Saplen standing In a Lettell hollow on ye south east corner and on ye south and west corner to a Crocked
140
HUNTINGTON TOWN RECORDS.
Chesnut tree standing by hors neck path side Laid out by us
THOMAS BRUSH JOHN KETCHAM
by mee John Ketcham Recor
(Deeds, Vol. 1, p. 76.)
[THE PATENT TO HUNTINGTON BY GOV. BENJAMIN FLETCHER .* ]
[1694, Oct. 5.]
William and Mary, by the Grace of God, of England, Scotland, France and Ireland, King and Queen, defenders of the faith, etc., To all to whom these presents shall come send greeting : Whereas Richard Nicols, Esq., late Gov- ernor General of our province of New York, and territories depending thereon in America, did by a certain deed or
[* This document is a specimen of the verbosity and literary circumlocution of the period, and if drawn, as is probable, on the theory of swelling the number of folios to the utmost limit in order to exact the largest fee possible, it was a decided suc- cess. All of its essential clauses could have been given in one quarter of the space. One singular thing about it is that while it mentions and recites the Nichols patent of 1666, it is entirely silent as to the Dongan patent of 1688. One of its most important features is a ch inge of boundary on the east. Richard Smith having succeeded in wresting from Huntington the lands east of Fresh Pond, the eastern boundary is now de- fined on a new line running from Fresh Pond southerly to Sumpwams river, and thence by river to the sea. The Don- gan charter had created a board of nine trustees ; this patent reduced the number to seven. They are made a body corpor- ate, and are " to be called the Freeholders and Commonalty of the Town of Huntington. " The grant of lands is to them and their successors but is to certain specified uses. The terms in which these uses are described are somewhat vague, but the idea seems to be that, Ist, lands already acquired from the In- dians and the previous grant of Gov. Nichols, which had not
14I
HUNTINGTON TOWN RECORDS.
patent, sealed with his seal, bearing date the thirteenth day of November, in the eighteenth of the reign of our Royal Ancester, Charles the Second, King of England, etc., and in the yeare of our Lord one thousand six hundred sixty-six, Grant, ratify, and confirm unto Jonas Wood, William Leveredge, Robert Seely, John Ketcham, Thomas Scidmore, Isaac Platt, Thomas Jones, and Thomas Wickes, as patentees, in the behalf of themselves and their associ- ates, the Freeholders and inhabitants of the town of Hun- tington, their heirs, successors, and assigns, all the lands that already have been or hereafter shall be purchased for or on the behalf of the said town of Huntington, whether from the native proprietors or others, within the limits and bounds herein expressed ; that is to say, from a certain river creek on the west, commonly called by the Indians by the name Nachquatack, and by the English the Cold Spring, to stretch eastward to Nesaquas river, on the north to be bounded by the Sound running betwixt Long
been divided out to individual settlers, was to be held by the trustees to the use of the freeholders or inhabitants, whether at that time or any future time inhabitants of the town, and to their heirs ; and 2nd, that lands not then taken up or acquired from the Indians, but which permission was given to acquire by purchase from them, were to be held by the trustees to the use of the then freeholders and inhabitants, their heirs, to the exclusion of subsequent settlers, and to be in proportion to their several divis- ions and allotments already made, and to be held by them as tenants in common. The trustees were given power to convey lands, to sue and be sued, and were required to have and use a seal. They were given power to make rules for the manage- ment of the common lands, not repugnant to existing laws or the trust they held. Seven men are named as trustees until the next election and ever after they were to be annually elected. Whether the trustees have always conformed to these peculiar provisions as to uses and trusts in their grants of land is an interesting question. Many purchases were made of the Indians and much land acquired after the date of this patent .- C. R. S.]
142
HUNTINGTON TOWN RECORDS.
Island and the main, and on the south by the sea, including therein nine several necks of meadow ground ; all of which tract of land, together with the said nine necks thereunto belonging, within the bounds and limits aforesaid, and all or any plantations thereupon, are to belong to the said town of Huntington, as also all havens, harbors, creeks, quarries, woodlands, meadows, pastures, marshes, lakes, fishing, hawking, hunting, and fowling, and all other profits, commodities, emoluments, and hereditaments to the said land and premises, within the limits and bounds aforementioned described, belonging or in anyways apper- taining ; to have and to hold all and singular the said necks of land, hereditaments, and premises, with their and every of their appurtenances, and of every part and parcel thereof, to the said patentees and their associates, their heirs, successors, and assigns, all the privileges belonging to any town within our said government; and that the place of their present habitation shall continue and retain the name of Huntington, by which name it shall be dis- tinguished and known in all bargains and sales, deeds, records, and writings; they, the said patentees and their associates, their heirs successors, and assigns, rendering and paying such duties and acknowledements as now are or hereafter shall be contituted and established by the laws of our colony, and as by the said patent, entered and re- corded in our secretary's office of our said court, relation being thereunto had, may more fully and at large appear. And whereas our loving subjects, Joseph Bayly, Thomas Wickes, Jonas Wood, John Wood, John Wickes, Thomas Brush, and John Adams, in behalf of themselves and the rest of our loving subjects, the freeholders and inhabitants of our said town of Huntington, have by petition presented unto Benjamin Fletcher, our Captain-General, Governor- in-Chief of our said province of New York, and territories depending thereon in America, prayed our grant and con-
I43
HUNTINGTON TOWN RECORDS.
firmation of the premises, so only as that the limits and bounds of the said town of Huntington shall not be as above mentioned, but as hereafter expressed-that is to say, all those tracts and necks of land lying upon Long Island, or our Island of Nassau, within our County of Suffolk, being bounded on the west by a river called and known by the name Cold Spring, a line running south from the head of the said Cold Spring to the South Sea, and on the North by the Sound that runs between our said Island of Nassau and the main continent, and on the east by a line running from the west side of a pond called and known by the name of Freshpond to the west side of Whitman's dale or hollow, and from thence to a river on the south side of our said Island of Nassau, on the east side of a neck called Sampawams, and from the said river running to the said South Sea; and likewise that we would be graciously pleased to make, erect and establish all our loving subjects, the Inhabitants and Freeholders of our said town of Huntington, within the limits and bounds next above expressed, into one body politic and corporate, in deed and name; which reasonable request we being willing to grant, now know ye, that of our especial grace certain knowledge and mere motion, we have given, granted, ratified and confirmed, and by these presents do for us our heirs, and successors, give, grant, ratify and confirm unto the said Joseph Bayly, Thomas Wickes, Jonas Wood, John Wood, John Wickes, Thomas Brush, and John Adams, Freeholders and Inhabitants of our said town of Huntington, hereby erected and made one body and politic and corporate, and willed and determined to be called by the name of the Trustees of the Freeholders and Commonalty of our said town of Huntington, and their successors, all the afore recited tracts and necks of land lying upon our said Island of Nassau, within our said county of Suffolk, bounded on the west by a river called
144
HUNTINGTON TOWN RECORDS.
and known by the name of Cold Spring, a line running south from the head of the said Cold Spring to the South Sea, and on the north by the Sound that runs between our said Island of Nassau and the main continent, and on the east by a line running from the west side of a pond called and known by the name of Freshpond to the west side of Whitman's dale or hollow, and from thence to a river on the south side of our said Island of Nassau, on the east side of a neck called Sampawams, and from the said river, running south to the said South Sea; together with all and singular the houses, messuages, tenements, buildings, mills, milldams, fencings, inclosures, gardens, orchards, fields, pastures, feedings, woods, underwoods, trees, tim- bers, commons, or pastures, meadows, marshes, swamps, plains, rivers, rivulets, waters, lakes, ponds, brooks, streams, beaches, quarries, trees, harbors, highways and easements, fishing, fowling, hunting, and hawking, mines, minerals, ( silver and gold mines excepted ), and all other franchises, profits, benefits, commodities and hereditaments whatever to the said tracts of land, within the limits and bounds next above mentioned, belonging or in any ways appertaining, or therewithal used, accepted, reputed, and taken to belong, or in anyways appertaining, to all intents and purposes and construction whatsoever ; and also all and singular the rents, arrearages of rents, issues and profits of the said tracts of land and premises, heretofore due and payable ; to have and to hold all and singular the before recited tracts and necks of land and premises, with- in the limits and bounds next above mentioned, with their and every of their appurtenances, unto the said Joseph Bayly, Thomas Wicks, Thomas Brush, Jonas Wood, John Wood, John Wicks, and John Adams, Trustees of the Freeholders and Commonalty of our said town of Hun- tington, and their successors, forever, with the sole license of purchasing from the natives any land or meadow with-
145
HUNTINGTON TOWN RECORDS.
in the limits and bounds next aforementioned, to and for the several and respective uses following, and to no other uses, intents, and purposes whatsoever ; ( that is to say ) as, for, and to concerning all and singular the several and respective parcels of land and meadow, part of the grant, and premises in anyways taken up and unappropriated by particular divisions and allotments, before the day of the date hereof, unto the several and respective present Free- holders and Inhabitants of our said town of Huntington, by virtue of the before recited deed or patent, to the only use, benefit, and behoof of the freeholders or inhabitants respectively, and to their several and respective heirs and assigns, forever ; and as, for, and concerning all and every such parcel or parcels, tract or tracts, neck or necks of land, remainder of the granted premises, not taken up or appropriated to any particular person or persons, by vir- tue of the before recited deed or patent, to the use, and behoof of the present freeholders and inhabitants, their heirs successors, and assigns, forever, in proportion to their several respective settlements, divisions and allot- ments, as tenants in common, without any manner of let, hindrance, or molestation, had or reserved, upon pretense of joint tenantry or survivorship-anything contained to the contrary in anywise notwithstanding : To be holden of us, our heirs, and successors, in free and common socage, according to the tenure of our manor of East Greenwich, in our county of Kent, within our realm of England, yielding, rendering and paying therefor yearly, and every year, forever, unto us, our heirs, and successors, the annual or yearly rent of one lamb, or five shillings current money of our said province, at our city of New York, upon the first day of the Annunciation of our Blessed Virgin Mary, in view and stead of all other rents dues, duties, services and demands whatsoever for the said tract of land and premises. And morcover know ye that,
146
HUNTINGTON TOWN RECORDS.
of our special trust, cartain knowledge, and mere motion, we have willed determined, declared, made and granted and by these presents do for us, our heirs and successors, will, determine, declare, make and grant that the said freeholders and inhabitants, freemen of our town of Hun- tington aforesaid, commonly called by the name of the freeholders and inhabitants of our said town of Hunting- ton, or by whatever name or names they are called or named, and their heirs and successors, forever hence for- ward, shall be one body corporate and politic in deed and name, by the name of the Trustees of the Freeholders and Commonalty of our town of Huntington ; and them, by the name of the Trustees of the Freeholders and common- alty of the town of Huntington, one body corporate and politic in deed and name we have really and fully made, erected, declared, constituted and ordained, and by these presents do, for us, our heirs and successors, really and fully made, erect, declare, constitute and ordain ; and by these presents do, for us, our heirs, and successors really and fully make, erect, declare, constitute, and ordain, that by the same name of the Freeholders and Commonalty of the town of Huntington they have succession forever ; and that they and their successors, by the name of the Trustees of the Freeholders and Commonalty of the town of Hun- tington, be and shall be forever, in future time, persons able and capable in the law to have, perceive, receive, possess, not only all and singular the premises, but other messuages, lands, tenements, privileges, jurisdictions, frav,- chises, and hereditaments, of whatsoever kind or species they shall be, to them and their successors, in fee forever, or for a term of a year or years, or otherwise, of whatso- ever manner it be ; and also goods chattles, and all other things, of whatsoever name, nature, quality, or species they shall be, and also to give, grant, release, allow assign, and dispose of lands, tenements, and hereditaments and all
147
HUNTINGTON TOWN RECORDS.
and every other thing and things, act and acts, to do and execute by the name aforesaid ; and that by the same name of the Trustees of the Freeholders and Commonalty of the town of Huntington, to plead and be impleaded answer and be answered unto, defend and defended ; they are and may be capable, in what soever place and places, and before whatsoever Judges or Justices or other per- sons, officials of us, our heirs, and successors, in all and all manner of actions, plaints, suits, complaints, causes, matters and demands whatsoever, of what kind, quality and species the same be, in manner and form as any other our liege people within our said town can or are able to have, require, receive, possess, enjoy, retain, give, grant, release, alien, assign and dispose, plead and be impleaded answer and be answered unto, defend and be defended ; do permit and entrust-and for the better enabling the said Trustees of the Freeholders and Commonalty of our said town of Huntington, in doing and executing all and singular the premises, we have willed, granted and deter- mined and by these presents do for us, our heirs and suc- cessors, will, grant and determine that from henceforward and forever hereafter the said Trustees of the Freeholders and Commonalty of the town of Huntington do and may have and use a Common Seal, which shall serve to execute the causes and affairs whatsoever of them and their suc- cessors.
And moreover, we have willed and granted and by · these presents do for us, our heirs and successors, will and grant that henceforward and forever there be and shall be Trustees of the Freeholders and Commonalty of our said town of Huntington, to be chosen and elected as in these presents hereafter is mentioned, who shall be and be called the Trustees of the Freeholders and Commonalty of the town of Huntington, and they and their successors shall and may at all convenient times hereafter, upon pub-
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