USA > New York > Suffolk County > Babylon > Huntington Town records, including Babylon, Long Island, N.Y., Volume I, 1653-1688 > Part 12
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BENJEMEN JONES
signed and delivered in the presents of
Joseph Bayly Recorder. (Court Rec., p. 201.)
[THEY REFUSE TO REPAIR THE FORT.]
[1670, Feb. 21.]
Huntington february the 21. 1670.
To the Honarable Court of sessions houlden at south hampten in the towne of huntington humbly Manfest thair
164
HUNTINGTON TOWN RECORDS.
Agrevences touching the order Conscerneing the Repairea- con of the fort James at new yorke.
May it please the worshipfull Bench.
wee of the towne of huntington Cannot see Cause to Con- tribute any thing to wards the Repaireacon, of the forte* for these following Reasons, first because wee conceve wee are Deprived of the liberties of english men secondly wee conceve we have little or noe benifits by the Law : thirdly wee cannot conceve of any benifite or saftie wee can expect from the forte: fourthly wee finde our selves soe much Desinabled by Manyfould trobles when wee thought our selves in peace that wee Cannot Imparte with any such Desburstments nither was there any such pasedent in the * *
(Court Rec., p. 187.)
[*The order for repairing the fort at New York was made by the Colonial Governor and the Court of Assize. There was much discontent in all the Long Island towns about this time, owing to the dictatorial policy of the Government. When the English came in power six years before great promises were made as to the benefits to be derived from it, but instead of deriving advantages therefrom the people chafed under the restraints and impositions of the Governor and council. They had been promised a Colonial Assembly, made up of delegates to be elected by the people, but such an assembly no longer existed. They were taxed without representation This pro- test was a beginning of that long and bitter contest between the people and the arbitrary authority of Great Britain, which, with similar protests elsewhere, finally led to the Revolutionary War. The people of Huntington refused to help repair the fort and the Governor had to content himself with denouncing their protest as "scandelous, illegal and seditious,' and having it publicly burned before the town house in the City of New York. This document was Huntington s first declaration of independence. Unfortunately the paper is so worn and tattered that a few lines at the end are lost .- C. R. S.]
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165
HUNTINGTON TOWN RECORDS.
[A CARTWAY DISCONTINUED AND A WATER- ING PLACE PROTECTED.]
[1670, March 9.]
At the Complaint of the widdoe Jones unto M' Wood March the 9th 1674 Conserning a peace of Land the widoe Jones is to take up on the north side of Samuell Titus Lott which John Tedd founde himselfe agrived conscerning a waye Betweene the Lot of Samuell Titus and the Lot of the widow Jones. Mr wood Appoynted Thomas Skidmore and Joseph Bayly to vew the Land to see if that place Required a waye which was don acordingly wee finding it soe that that place Required noe Cart way By Reason there was noe Considerable parsell of Land for ffeid for Cattell but what was Appoynted ffoor a Lotments neither Doe it priduce any wattering .*
Joseph Bayly, Rec.
(Court Rec., p. 180.)
[*At this period roads and watering places were established and laid out by the constables and overseers, subject to the town meeting, and this continued until 1691, when by a change in the law "Surveyors and Orderors of roads" were elected at town meetings. The principal roads in the town probably followed Indian paths. The road to Lloyd's Neck is called in the records " Horse Neck path;" that running easterly from the " Town spot" "Nassequague path;" The principal road leading to the "Town spot" from the south "Sabbath day path;" The principal road across the south side necks, now through the village of Babylon, " The Indian path;" The road running westerly from the "Town spot" "The Oysterbay path." It is not probable that these, and many others in use at the date of the above paper, were ever formally laid out. They became roads by usage. There were also the "Sumpwams path," the "Neguntetogue path," the " Santepague path," roads leading to the south necks, and "Nichols path," not far from the present boundary line between Huntington and Babylon, and also the "country road " near the centre of the town and the " country road " where "Rogue's path " is located .- C. R. S.]
166
HUNTINGTON TOWN RECORDS.
[TOWN MEETING. VOTE TO PROCURE A MINISTER.]
[1670, April 4.]
April 4. 1670.
At a town meeting it was voted and agreed this day that if Mr Leverich went from the town, that it was the town's mind that they would have another minister, and that there should be some speedy course taken to seek out for some other to supply us.
Joseph Baiely, Rer.
1670 Thomas Brush, Constable ;
Capt. Thos. Fleet and } Jonathan Rogers Overseers ;
Thomas Brush deceasing in his room was chosen Sam1 Wood, Constable.
Layers out of land for the town's use :
Thomas Powell } Joseph Bayly for the east end of the town.
Richard Williams Content Titus for the west part.
[Copied in the Revision in the year 1873 from the original in No 2. p. 11.]
(Town Meetings, Vol. 1, p. 31, and Court Rec., p. 183.)
[ORDER BY CONSTABLE AND OVERSEERS.]
[1670, April 26.]
Ann order Made By the Constable and overseers the 26 Daie off Aprill Anno 1670 it is ordered and agreed the Daie
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167
HUNTINGTON TOWN RECORDS.
and yeare above said that Mr Will Leverich shall in some shorte time Deliver in unto us whose names are under writen or unto some on of us all those Rates that hath Been made ffor his paie since the yeare 1665 that wee maie take some speedie cors ffor the parfiting thereof that this Last Rate for the yeare 1669 may bee forth with gathered. THOMAS BRUSII. THO. FLEET THO. SKIDMORE the marke of THO: X WILKS JONATHAN ROGERS.
Joseph Baiely Rec.
(Court Rec., p. 189.)
[RECEIPT. RICHARD FLOYD TO JOHN JONES.]
[1670, May 12.]
Know all men By these p'sents that I Richard floyd of brookhaven uppon Long eiland in yorkeshere Tayler doe acknowledg to have Received of John Jones of Hunting- ton uppon Long eiland in yorke sheare afore said the some of eleven pounds and on shilling which is in parte of A Bond of twentie three pounds I saye Received by mee the some of eleven pounds on shilling as witnes my hand this twelfe of maye in the yeare of our lord 1670 the mark of his RICHARD X FFLOYDE.
witnes JOSEPH BAIELY Rec" (Court Rec., p. 317.)
mrrk
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168
HUNTINGTON TOWN RECORDS.
[THOMAS POWELL, GUARDIAN FOR THOMAS WHITSON.]
[1670, June 17.]
June the 17th 1670.
Whereas henry Whitson off hunting Deseased in the yeare of our Lord 1669 and after the will was proved according to the Law of this Jurydickson the estate Being Devided By order and Consent of the widoe off the said Henry Deseased and thomas whitson son of the said Deseased which said thomas whitson Being under adge hee with the Consent of his granfather ffoster and the Rest of his ffrends have thought good to make Choyc of Thomas Powell of huntington to bee the Trustee and Garddian of him the said Thomas whitson : for the care and p-servacon of the estate of him the said thomas until hee Accemplish the adge of on and twentie yeares. Dureing which time the aforesaid thomas whitson Doth promise not too Bargan sell or Impart with any of his estate without the leave and consent of his said gardian but in all things expedient bee searvall too his advise and Counsell as witnes my hand the Daie and yeare above writon.
THOMAS WHITSON
Joseph Baiely, Recr (Court Rec., p. 271.)
[DEED. JOHN MATTHEWS TO MARK MEGGS.]
[1670, September 6.]
This writting witnesseth that I John mathews of hun- tington have for a valluable Consideration sould and made over all my Right & tittle in ye farm at Crabmedowe I say all my Right from mee and my heairs to marke megs his
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HUNTINGTON TOWN RECORDS.
heairs for ever both my own Right beeing one hundred pound lott : and John Cores beeing A. too hundred pound lotment in all ye Right of three hundred pound lotment & doe by these presents ingage that ye fore sd. marke megs his heairs shall Injoy it Peacablely free from ye Claime of any as wittnes my hand this : 6th septembar : 1670 Witnes the mark of
THO: SCIDMORE the marke of
JOHN X MATHERES
CHARLES X ABRAHAMS. (Deeds Vol. 1, p. 205.)
Witneseth, These p'sents That I marke meges with in men- tioned doe heer by allinate asigne and make over all my Right title intrest and Clame to the within mentioned Bill of saile from mee my heirs executors Administrators and asigens unto Edward Bunce of Crab meddow his heairs executors Administrators or Asignes for ever wittnes my hand at Crab meddowe this thirteenth of Aprill 1674.
MARK X MEGS his marke
signed and delivered in presence of SIMAN LANE 1674.
the mark of JOHN X INKERSON JOHN PAGE. (Deeds Tol. 1, p. 205.)
[ORDER BY GOV. NICHOLS AND COUNCIL CONCERNING THE SMITHTOWN BOUNDARY.]
[1670 Dec. I.] At a Counsell held in ye Fort at New Yorke De- cembr ye Ist 1670 :
170
HUNTINGTON TOWN RECORDS.
Upon a Petition p'sented by Mrs Smith, of Nesaquake, on ye behalfe of her selfe & husband, desiring an Explana- tion of the Verdict of ye Jurye & order of ye Court of Assizes, as to ye bounds of ye Land wch ye Inhabitants of Huntington had gotten their suite for, Declaring and offer- ing to prove that ye Nesaquake lands lay on both sydes of ye Ryver, & that parte lyeing on ye west syde, comonly called Nesaquaque Accompsett, did extend as farre as ye fresh pond westward, and so to ye Hollow Southward, The wch, together wth that on ye East syde, was ye propor- tion on weh they were to settle ye ten familyes, and ye othr Ten families, in consideration of ye Land westward of ye fresh pond, if they had made good their title thereunto.
Upon consideration had hereupon it was ordered that ye Towne of Huntington should have notice hereof to ye wch they are to returne an Answer to ye Governer and wth all its recomendes that a faire comp * *
be endeavourcd between both ptyes, that there be no furth' trouble or moles- tation concerning this matt" By Ord' of ye Governer & Councell .*
Matthias Nicolls, Secr.
(File No, 60.)
[*Richard Smith was at this time claiming all the territory between the head of Cow Harbor (Northport) and the Nasse- quague (Smithtown) river. He was called "Bull " Smith, as distinguished from "Rock " Smith and "Tangier" Smith. In the interesting history of Smithtown, written by Judge J. Law- rence Smith, in 1882, "Bull " Smith is made the son of Richard Smythe, of Mireshaw, Bradford Parish, Yorkshire, England, who with his son were soldiers in Cromwell's army. They afterward came to Boston, then to Southampton, L. I., then to Setauket. An interesting story is told of how the daughter of the grand Montauk sachem Wyandance, who had been cap- tured by the Narragansett Indians, and recaptured by Lyon Gardiner, was restored to her father at Richard Smith's house, and in gratitude Wyandance granted Richard Smith, Lyon Gardiner's friend, the territory of Smithtown, or all the land Smith could ride around on a bull in one day, and that he took his lunch in a hollow, ever since called " Bread and Cheese Hollow."-C. R. S.]
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HUNTINGTON TOWN RECORDS.
[SUMPWAM'S INDIAN DEED.]
[1670, Dec. 2.]
Know all persons by these presents that wee whose nams are subscribed, namely pompott & mamascokan, secakata- ke Indians, being deputed and apointed by the Rest of our asosiate to Receive the payment of huntington men for a sertaine neck bought of ye said Indians, commonly called and known by ye name of sumpwams, wee say wee have Received of Epenetus Platt in behalf of huntington : for our selves and all the Indians that have any right, their full satisfaction acording to our bill of sall by us made as witnes our hands & seals ye 2ª December 1670 .*
the word right interlined was before signing and sealling. pwamas, sachems sun, acknoledg ye sam as witness my hand and seall.
signed and sealled in presence of
us JOHN BRUSH.
EPENETUS PLATT
the mark of XWAMAS [L. S.]
the mark of X WILL the mark of X MAMASOP [L. S.] Indian
DANIELLX MARKEN
the mark of X POMPOTT [L. S.] his mark (File No. 28.)
[DEED. CATHERINE JONES TO JONATHAN SCUDDER.]
[1670.]
the 28th 1670
the day and yeare above said katteren Jones Widdoe wife
[*This deed was from the Sucatogue Indians and embraced only the meadows below the Indian path. Part of Babylon village is now located within it, and it was the easternmost of all the necks purchased of the Indians in behalf of Huntington. -C. R. S.]
172
HUNTINGTON TOWN RECORDS.
off Thomas Jones Late Deseased Doth hereby these pres- ents give assignie and make over unto my son Jonathan Scudder that house and lott with all the privilige and appurtinances thereto belonging or ever here after shall belong to the premises : after my Desease but dureing the time of my naturall Life to injoye it and every part and parsell thereof : which Lott was fformerly Henry Scudder father of the said Jonathan Scudder to remaine to him and his heirs forever for which I the said Jonathan Scudder doth wholly and ffully Resigne up unto my Brother David Scudder all my Righte title and interest that I have in that Alotment or accomidacon which was my grand-fathers Jef- fery esties lott and given to mee before his disease I say I make over unto my Brother David Scudder his heires and assignes ffor ever and Doth estrainge it ffrom mee my heires and assignes ffor ever : But this Lot and every parts and parsell thereof to Remaine and bee at the Desposal of my Loveing mother Katteren Jones untill my Brother David coms to adge or shee see cause to Resigne it unto him : ffor the parformence of which wee have enterchainge- able sett our hands the Daie and yeare Abovesaid.
.
Witness
the mark of
JOHN JOHNS
KATERENX JONES
JOSEPH BAIELY Ree
Another Record behind this.
(Deeds Vol. 1, p. 34 )
[TOWN MEETING. THE MILL POND TO BE LET OUT.]
[1671. Jan. 6.]
At a town Meeting January the 6th 1671 it was voated and agreed the Day and year aforesaid that the Constable and townse men and Mr. Wood and Thomas Skidmore and
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173
HUNTINGTON TOWN RECORDS.
Epenetus Platt, Joseph Bayly shall Consult together to consider of a way that the water may be let out of the mil- pond and see if the parties aforesaid can agree with mark megs upon termes whereby the towne and marke megs doth joyntly agree for the Removall of the said mill and before a full agreement bee made too give the Result of what they have Don to the Remainder of the towne this to bee Don in some short time.
it was voated and agreed the same day whether the towne was willing that the water might bee let out of the mill- pond and they so agreed for the mill, if mark megs could bee agreed with, all whereby this agreement might bee effected, if by it it may please the Lord the towne might injoye their health to which the towne joyntly agreed and proseeded in a way as aforesaid .*
(Town Meetings Vol. 1, p. 33.)
[TOWN MEETING.]
[1671, Jan. 16.]
January ye 16th, 1639
It was ordered and agreed the same Daye By the pluaral- litie off voats at a towne Meeting that Jonathan Rogers Jonas wood junir and thomas weekes shall take up and equally devide betwene them what good planting land is on the south sid of Isaac plats on the little neck leaving a
[*This mill pond undoubtedly occupied the swamp and low lands south of its dam where "Mill Dam Lane" (Huntington village) now is, flowing southerly to near Main Street. That it should have occasioned sickness is entirely reasonable. After this pond was let out another was constructed further north and adjoining. The land occupied by the old mill pond was subsequently divided to those holding common rights in the "old purchase," as will be seen further on .- C. R. S.]
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HUNTINGTON TOWN RECORDS.
sufficient highway or hindering not high ways and water ings it being part of their devision.
Tha same Daie it was ordered as A Boursaid that Beniam- in Jones shall take up six Acars of land on the north sid of nathaniell fosters on the littell necke it being part of his· Devision hee hindering not high ways and waterings.
these two Below entered in Book A page 36. (Town Meetings, Vol.1, p. 30.)
[DEED. MARK MEGGS TO JACOB WALKER.]
[1671, Feb. 3.]
Know all men by these prsents that I Marke Megs of hun- tington uppon Long eiland in yorkesheare Millar have for the value of fower pounds by the yeare theareby to bee paid the on halfe pt in wheate the othere halfe pt in Indian Corne : Dureing the naturall Life of Mark Megs and Avis his wife for which Consideracon I have Bargoned sold and made over and by these presents Doe bargon sell and make over unto Jacob Walker of Stratford within the Collony of Coniticott Marchant all my Rite Tittle and intrest that I have of Land & medows sittuate and being in huntington aforesaid I saye all my Rite tittle and intrest in and to the same and every part and parcell thereof as Dwelling hous, orchards, gardens Barne home lot or lots swompe and hassokie Medow as alsoe twelfe acars of Medow bee it more or les lying and being on the south side of the Iland on too severall necks of Medow that is to saye six acars bee it more or les on a necke called by the name of nagunt- tatauge bounded on the north side with the Medow of Epenetus platt and on the south side with the medow of Mr Richard Bryan the other half part on a necke called by the name of the east necke not eat layd out nor devided
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175
HUNTINGTON TOWN RECORDS.
being the parporcon of a three hundred pound Lott the hous Barne orchards gardens home lot or lots with p-porc- cond of Lands in Comondge or that ever heare after shall or may belong there unto, was formerly in the tenor or occupacon off william Leverich clerke thence alinated un- to william Ludlam thence to marke Megs now to Jacob Walker the swamp and hassokie Medow was given to him the said Marke by the Towne of huntington I say all my Rite in and to the same I have Made over unto the afore said Jacob walker his heires executors administrators and assignes for ever to have hould occupie and injoye without any fraude or Mollestacon of any person or persons what- soever formely by these p'sents or as fully Largely and Amply as can or may bee made by any Deede of sale or Convayance whatsoever all and singular those Lands Medows and pastures I the aforesaid Marke Megs have estrainged from mee my heires executors administrators and asignes unto the afore said Jacob walker his heires executors administrators and assignes Too have and to hould for ever and I doe by these p'sents ingadge my selfe my heires executors administrators and assignes to save harmeless and Indemnified the afore said Jacob walker his heirs executors administrators and assignes from any parson or parsons who may or shall Laye Any Clayme or title to the aforesaid houseing orchards Lands or Any part or parcell thereof to the indemnifing the afore said walker or his sucksessors in his or either of their quiet possession in witnes whereof I have heare unto set my hand and seale the third daye of february in the three and twentie yeare of his Majs Raine and in the yeare of our lord on thousand six hundred seaventie and on.
signed and deld.
in the presents of JONAS WOOD ISACK PLAT JOSEPH BAYLY.
the mark of
MARK X MEGS the mark of
AVISX MEGS.
176
HUNTINGTON TOWN RECORDS.
This is a true coppie of the originall Deed compared p mee Joseph bayly
Rec". (Court Rec. p. 310 )
[TOWN MEETING. HUNTINGTON TAKES POSSESSION OF THE DISPUTED TERRITORY.]*
[1671, Feb. 15.]
February the 15. 71. it was voated and Agreed the same Daye that these towne should bee Divided into ten parts and ech part to have a farme and soo bee ingadged to settell them and every farmer that went forth soo to settell that the towne approved of should injoye all the Remaining parts besids
[* This was the beginning of a plan for the occupation and settlement by the people of Huntington of the disputed terri- tory lying between Cow Harbor (Northport) and the Smithown River. The method pursued was peculiar to the time and was probably borrowed from old English customs. Richard Smith was vigorously pushing his claims to the land in the courts, and Huntington acting on the theory that "possession is nine points in the law," determined to get a firm hold of the territory. The part of the premises considered of the most value was that adjoining the Sound. This was parcelled off into ten parts, or farms so called, and ten families were chosen to settle there- on, one to each farm. The selection of these ten, who were to " go fourth " and settle there, was determined by dividing all the inhabitants of the town into ten parts or hundreds, so call- ed, and each part or hundred chose the man from their num- ber to go and occupy, and upon building, fencing and planting within a stipulated period, and paying the expenses of litiga- tion, these ten farmers were to own the lands. This plan was not carried out until the summer of the next year, 1672, when the writings were drawn and the persons "went forth."-C. R. S.]
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HUNTINGTON TOWN RECORDS.
theire owne paying all Charges of sute of law or ether just Charges
Joseph Bayly Rer this one Below is Entered in Book A page 38.
(Town Meetings Vol. 1, p. 33.)
[DEED. RICHARD WILLIAMS TO JONATHAN ROGERS.]
[1671, February 16.]
Know al men by these pfsents yt I Richard Williams of Huntington upon long Island Husbandman have Bargan- ed sold and made over from me my heirs & assignes ; for a reasonable vallue in hand payed. all my Right title and Intrust in two acers of Land Lying in ye west feild lying between a lot yt was Joseph Whitmans : And a Lot yt was Jonas wood Jun's unto Jonathan Rogers of Huntington on Long Island afore sd. his heirs and assignes for ever : As also two acres more Lying in ye same feild Ad joyning to ye Land of Abiell Tittus for a consideration in hand payed to have and to hold for ever unto Jonathen Rogers and his assignes for ever as witnesse my hand this 16th of febuary 1671 :
RICHARD WILLIAMS
Joseph Bayly Rer
This is a tru coppy taken out of ye old Book per mee John Corey Clerk Aprill 27. 1683
(Deeds Vol. 1, p. 147.)
[TOWN MEETING.]
[1671, April 12.]
April 12. 1671. At a town meeting it was agreed the same day that
178
HUNTINGTON TOWN RECORDS.
James Naibour shall have what land as shall be thought fit by those appointed to lay out land for to make a home lot, not prejudicing any highway or watering (place) for cattle, provided it be cleared within some convenient time; this lot to be on the south side of Sam' Woods last lot taken up.
[Copied in the Revision in the year 1873, from the origi- nal in No. 2, p. 19.]
(Town Meetings, Toi 1, p. 37. Court Records, p. 189.)
[TOWN MEETING. FOREIGNERS PROHIBITED FROM KILLING WHALES OR OTHER "SMALL FISHES."]
[1671, April 12.]
D
April 12. 1671. Chosen for the year above-said Content Titus, Constable ; Isaac Platt, and Thomas Powell, Overseers.
It was voted and agreed the same day by and with the consent of the whole town that any man or every man that have meadow upon any neck at the south side of the island may have liberty to purchase what upland they can of the Indians according to their proportion of meadow provided it be on the neck of that their meadow lieth on .* Joseph Bayly, Re".
[*This was soon followed by purchases from the Indians of lands adjoining and north of the south necks of meadow here- tofore purchased. Under Gov. Nicholl's patent such extin- guishment of the Indian title vested the title to such lands in the town .- C. R. S.1
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179
HUNTINGTON TOWN RECORDS.
It was ordered and agreed the same day by and with the consent of the whole town that no foreigner or any person or persons of any other town upon this Island shall have any liberty to kill whales or any other small fish within the limits of our bounds at the south side of the Island neither shall any inhabitant give leave directly or indirectly unto any such foreigner or other town's inhabi- tants whereby the companies of whalemen or fishermen may be damnified except any such foreigner or (other town's inhabitant) comes into the said company or any of them as a half-share man.t
[Copied in the Revision in the year 1873 from the origi- nal in No. 2, p. 16.]
(Town Meetings Vol. 1, p. 35.)
[TOWN MEETING. THE SMITHTOWN BOUNDARY QUESTION.]
[1671, July 3.]
July 3. 1671.
It was voted and agreed the same day that whether the town would send two men to Governor concerning the difference between Smith and the town ; the generality of the town voated not to send men but to write to the Gov- ernor.
Joseph Bayly Rrr.
[+This is probably the first order or law made by the town concerning the fisheries. It indicates that the people at that early day understood their rights over the waters as well as the lands, under the colonial grant. At this period the government claimed and received one fifteenth of the oil out of whales cast up on the shore, and " the right of drift whales" was a privilege bought and sold .- C. R. S.]
180
HUNTINGTON TOWN RECORDS.
It was voted and agreed the same day by and with the consent of the town that the Constable and Towns [men] shall send in writing to the Governor the minds of the town touching the Governor's letter to the town touching Richª Smith and the town.
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