USA > New York > Suffolk County > Babylon > Huntington Town records, including Babylon, Long Island, N.Y., Volume I, 1653-1688 > Part 3
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[*From the first settlement down to this time, and a few years later. Huntington was practically free from the control of any outside government. New Netherlands, with its head- quarters at New Amsterdam, Manhattan Island, tried to en- force its authority here but the people had never acknowledg- ed Dutch authority, and had managed their affairs in their own way. The claim was now put forward that Long Island was within the grant to Connecticut and the people here gladly sought the protection of the Connecticut Colony from Dutch pretensions ; sent deputies to Hartford and acknowledged its authority until 1664, when the English conquered aud over- threw the Government of New Netherlands, and under a grant and charter to the Duke of York, Col. Richard Nicholls took possession and enforced the obedience of the people here to the Colonial Government of New York .- C. R. S.]
25
HUNTINGTON TOWN RECORDS.
her dafter mary how thos bisket came thar she sed she colld not tell but mary soten cam and sed they ware herses but this deponent knoweth not how she com by them and further she testifieth she herd mary soten speke to gorge for bisket sevriall times and he sed he had none about him then she spake to him to bring som the next tim he com and he toulld her it may be he would.
The confession of Mary seton before Mr. Sticklon jonas wood, thomas-wase her waskot wase made of a cote an that her cote was mad parte of a pece of cloth broute out of the tray by her mother and the other parte of a pese of cloth boute of Mr. leverige and likewise she owned that she had a cortayn that was lade higbes but she sed she boroud it and likewise confesed that she never cared it home agayne but sed it wase borent by her fathers menes being at worke nere the fir with his ax strok it in the fiar and so it wase borent in parte and the rest wase throwen a bout the house and so lost she knew not what became of it.
the verdit of the corte thay find threw her own confesion and witnes broitin to the corte it is ordered that Mary seton shall make full satisfackcion for the curtayn detayned acording to the worth of the other curtaynes and that mary soten shall be brout forth the next trayning day and that on to be apinted by the magestrates to proclayme be for the towne the crimes proved against her 1. her keping away and alltaring the proparty of the goodes of lide higbee and 2 that she have intesrted and used arguments with a manes sarvant to play the thefe and stell from his mastar that she might be the resever.
and the cort se case to find good man seton gilltie in to he up houlld his dafter in so sinful and evell a way and mayn- tayneing her thar in by arguements of fallshod and for which he is to give publick satisfackcion befor the trayn band next, or this, pay 20 shilling.
(Court Rec. p. 14, 5.)
26
HUNTINGTON TOWN RECORDS.
[COURT RECORD. EDWARD HIGBEE'S ESTATE.]
[1660, May 12.]
the 12 of may it wase agreed by the Corte to demand the will out of Jonas wood his hand which will belonged to Edward higbee it wase allso agreed by the sam corte that Thomas weeke Edward Tredwell John Tilot shall take an inventary of the estate which is eqlent belonging to Edward Higbee which inventory is to be taken the next second day being the 14 of may in the yere 1660.
it was allso agreed by the sam cort that thos that are to
[*" Lide " Higbee was the wife of Edward Higbee who then resided at the head of Huntington Harbor near where George W. Scudder now resides.
This is inserted as a sample of the Court proceedings of the times ; and not as having any special value otherwise. There are in the book entitled "Court Records" the recorded minutes of about thirty trials between 1659 and 1664, before Justices of the Peace. Such as relate to title to land are printed in this volume, but the most of them relate either to civil actions for debt, or contract or criminal prosecutions for assault, slander or other minor offences, of no interest now, except purely in a historical point of view. The Court also exercised power of probate, the proof of wills and settlement of estates.
There is no intimation in the records that the courts of this period were controlled by any written laws unless it might be some town meeting regulations.
They certainly did not recognize the Dutch laws. The magistrates, being Englishmen, recognized the New England jurisdiction,and at this time probably applied the unwritten com- mon laws of England, as far as they understood it, and adopted its methods of procedure. After the conquest in 1664, when Gov. Nichols entered Manhattan Island and promulgated the " Duke's Laws,"-an elaborate system of jurisprudence, under the authority of the Duke of York,-these laws controlled the courts, and there are a large number of cases of which minutes are found in the volume above referred to, entitled Court records, covering the period between 1664 and 1690. The "Duke's laws" continued to be the laws here with a few modifi- cations until about 1690. The well thumbed volume containing them in manuscript, is now in the Town Clerk's Office, and was used in all Courts here for a long period of years .- C. R. S.]
27
HUNTINGTON TOWN RECORDS.
prise the estat of Edward higbee that thay shall leve sufisient unprised as to leve his wife on sent of clothes for evry day and on seute for Lordes dayes and allso that which is convenient to cloth the children that is to say to paralel with thar mothar.
it wase allso ordered by the same corte that Thomas skidmor Junear wase to have the disposing of Edward higbees 4 children tell thay are of age to provide for them sellves in case theyr father by his coming se not; case to allter what the cort hase don .*
(Court Rec. p. 16.)
[TOWN MEETING. RICHARD LATTING BANISHED.]
[1660, June 28.]
the 28 of June 1660
It wase voted and agreed at a town meetin that ould Latent shalle take away his catell out of this town bounds within a fort night or 14 days or pay to the town 10 shilling a head.
[*Edward Higbee seemed to have been engaged with Capt. Mathews and Jonas Wood in a vessel trading with the West India Islands, carrying barrel staves thither and bringing back rum, sack &c. Probably he was absent on a voyage and was assumed to have died abroad, hence the proof of his will &c. That he did return is shown by the fact that he was after- wards, in the same year, a party to two lawsuits in the town, unless, as is possible, it was his son Edward who was the litigant .- C. R. S.]
[{This is Richard Latting, referred to, who was expelled for refusing to recognize Connecticut's authority over Huntington. The Court at Hartford subsequently made an order expelling him from its jurisdiction on account of "turbulent conduct."- C. R. S.]
28
HUNTINGTON TOWN RECORDS.
All so itt wase ordered at the sam meting that oulld lating is to bring his catell and show them to 2 men home the town shall apint be fore he drive them away or to pay 5 poundes.
it was all so voted that Thomas Skidmore and jonas alldar shall make a rate for the skull houset and for wolft
* * * and all detes as consarn the town.
(Town Meetings, Vol. 1, p. 344.)
[TOWN MEETING.]
[1660, Oct. 15.]
it was a greed at a towne meting the 15 of Ocktobar 1660 that goodman* brush shall keepe the ordinary so long as hee do carry on his p * * as he ought that * thar be no just caus for the town to chaing thar mindes likwis -further ordered that no man shall
W this town drawe any lickars by re
salle of it unless it be- and not
under upon the forfet of * *
*
Town Meetings Vol. 1, p. 347.
* * * that thay shall so drawe.
[{This is the first mention of the building of a school-house. It was probably located at "the Old Town Spot" near where "Goose Green" now is .- C. R. S.]
[įThe wolf rate was an annual tax raised out of which to pay rewards for killing wolves, the skins of the animals having to be produced to entitle the party to the reward .- C. R. S.]
[* "Goodman" was a term, or prefix, indicating that the person was of more than ordinary prominence as a citizen and was usually applied to persons of considerable age. Thomas, or Goodman Brush was born about 1610, and came from Southold to Huntington about 1656-7. He left children ; Thomas, John, Richard and Rebecca, who all settled in Hunt- ington. Thomas, Sr., is believed to be the ancestor of all the persons of the name of Brush, now in Huntington. The "ordinary" was in those days a public house or hotel. He was the first keeper of the "Ordinary" mentioned and this is the first excise law here of which we have any record .- C. R. S.]
.
29
HUNTINGTON TOWN RECORDS.
[COURT RECORD. THOMAS SCUDDER vs. EDWARD HIGBEE.]
[1660, Oct. 17.]
Thomas Skodar plainive against Eadward higbe defend- ant in an ackcion of defamasion to the damag of a hundred pound the plaintive declaimeth that Eadward higbe hase charged hem that he and his wife are both in fere of thur lifes of the plantife.
the defendant ownes the charg.
the 17 of ocktto. 1660.
thomas skodar plaintive against Eadward higbe defendant in an ackcion of slandar to damag of twenti pound the plaintive declameth that the defendant charged hem with the houlding of hem by the throt hallf an oure, the deposi- tion of good Laten he deposeth that good higbe sed that thomas skoddar tok hem by the throt and helld hem hallf an ouar or thar about and all most throtelled hem.
for the first ackion of the cost Thomas skodars Eadward higbe is to give publick satisfackcion or pay the Skoddar five poundes with the cost and charg of the cort. for the second the cort finds for the plat that the defendant shall give publock satisfact or pay 20 shilling and all so to pay 10 shilling for his ly with the cost and charge of the cort .*
(Court Rec., p. 28.)
[*This was Thomas Scudder, Jr., son of Thomas Scudder, Sr., who is believed to have been a son of Dr. Henry Scudder, who presided at a Convention of clergymen appointed by order of the King, at Westminster Abbey, England, in 1643. Thomas Sr., came from Groton, England, in 1636. His wife's name was Elizabeth; and he settled at Salem, Mass. in 1642, and died there in 1657, leaving children, John, Thomas, Henry and Elizabeth. John, Thomas and Henry came to Huntington via. Southold about 1653 to 6. Thomas was a farmer and tanner. He settled near the head of Huntington Harbor and died in 1690. His homestead has remained in his descendants to the present time and is now owned by Geo. W. Scudder and John R. Scudder .- C. R. S.]
30
HUNTINGTON TOWN RECORDS.
[TOWN MEETING.]
[1660, Oct. 18.]
The 18 of ocktober 1660
it was a gred that the towne will mend the hywaye between the towne and the south and to begin on the marow so far as the hyway is in generall and who ever is wanting for everi days work thay shall do a days work and a halfe in such worke in the towne as shall be apointed to them by 2 men agreed upon by the towne and if any man refeus being abell to go to marow he shall pay fife shillinges.
(Town Meetings, Vol. 1, p. 345.)
[TOWN MEETING.]
[1660, Oct. 19.]
it was voted and agreed at a town meting the 19 of ock- tober 1660 that the inhabitans shall have libarti to fall whit ookes in any part of the towne bounds exsept in any manes propriaty for the making of pipstaves .*
(Town Meetings, Vol. 1, p. 345.)
[COURT RECORD. WILLIAM LUDLAM vs. HENRY WHITNEY.]
[1660, Oct. 25.]
at a courte held in huntington octobar 25. 1660 : William ludlam in an action of the case against henery whitne defendant.
[*Quite a trade had sprung up with the Barbadoes and other Islands for the sale of barrel staves about this time. The staves being used in the manufacture of casks for rum and other liquors .- C. R. S.]
31
HUNTINGTON TOWN RECORDS.
The plantif declars aganst the defendant for breach of covenant or covenants made by the defendant to or with Mr. Leverich his eyers or assigns concerning the mill the non-parformance whereof hath bin to his greate Damage to the valou of one hundred pound starling :
first branch of the second covenant found broken formrly : second brance pleaded as broken by the defendant that he had not eused all posable menes to goodman web or som other men the defendant answer he did git a work-man in the spring to ben the mill.
the plaintiff pleads the 2 brance broken because the de- fendant did not git good man Webe to be the man or at leaste one of them that did ben the mill.
defendant answer he was not bound absolutely to good man webb but to any other suffeciant work man: and therefore he did erly in the Spring send to henery lininton by Mr. Stickling to come to ben the mill : atested by him the defendant presents the detarmynasion of sargant hubbard and John simons, touching the mill and ther de- tarminasion .*
The vardit of the Courte in this acsion runs thus they finde the tenor of the covenant runs expresly boeth in the first and second branch of it that the defendant is bound to git goodman webb to ben the mill if posable he cann & obtayne him therfore we thus conclude that the defendant must still euse all posable menes to obtayne him and to doe it accord- ing to his direction or else git him to doe it for him unles good man ludlam and the defendant can agree otherwise or the defendant cannot git goodman webb then any other approved workman, which we finde answers the covenant
[*This was the first flour mill built in Huntington and was located on "Mill Dam Lane." "Goodman" Webb was a mill- wright living at Stamford or Norwalk, Conn. The Mr. Leverich referred to was William Leverich, the first minister in Hunting- ton, he having sold the mill to William Ludlam. The latter brought the suit for damages for breach of contract .- C. R. S.]
32
HUNTINGTON TOWN RECORDS.
and that the defendant must pay so much charge of courte as he must have payd at the quarter courte namely 6s. the acsion and other charge, the rest must be borne by the plaintif as unnessesarry charge.
(Court Rec. p. 29.)
[1660, Oct. 26.]
a second acsion. comenst by William ludlam plainetif against henery whitne defendant in an acsion of trespas for breking the mill and grinding severall times without his leve to his greate damage.
the defendant deny the breking of the mill but confesed he opened the dore : and went and ground his corne, his famely being all sick none abell to beate, he went to inquire for the kei but could not her of it for he was gone to the south and his famely with himselve, being like to famish he was constraynd to do it : yet notwithstanding he gave the miller his just towle : the vardit of the courte in this acsion is this they finde the defendant was nessisitated to yt he did and the plaintif sufered no damage.
(Court Rec. p. 30.)
[WILL OF HENRY SCUDDER.]
[1661, Jan. 25.]
The last will and Testament of Henry Scuddar late of Huntington, Deceased, Made the 25 of January 1661.
1 Henry Scudder being in right understanding and per- fect memory, Do Dispose of my estate as ffolloweth : first I make my wife Catherin Scudder my whole and sole execu- tor and to fourc of my Children (viz) Moses, David, Mary and Rebeccah Scuddar, I do give ten pound a peece ; to each of them And to my oldest sonne Jonathan Scuddar I
33
HUNTINGTON TOWN RECORDS.
do give a Duble portion (to wit) twenty pounds together with ye house and Lands wth his Grandfather* left him (by will) And all this their severall portions I do appoint to be paid to them out of my Estate by my said Executor, as they shall come to age or at the Day of their Marriages. This is my whole minde & will.
Witnessed upon Oath
by HENRY WHITNEY
EDWARD FFRENCHAM. (Court Rec. p. 50.)
[INVENTORY OF GOODS, &c. OF EDWARD TREDWELL.]
[1661, Jan. 30.]
The 30th of January 1661.
An Inventory of the goods & estate of Edward Tredwell late of Huntington Deceased ; given in by his Wife becing upon Oath ; And valewed by ffoure Men Chosen, and ap- pointed by Authority, (viz) William Smith, Thomas Weckes, John Conklin, & John Titus, The vallew where of amounteth to two hundred eighty five pounds, (sterling)*
The Widow having a third part thereof, commeth to Ninety five pounds, And the six Children having the rest divided among them, cach Childs portion cometh to thirty
[*The "Grandfather" was Jeffrey or Geffrey Esty, whose daughter Catherine married Henry Scudder, the father of Jon- athan Scudder .- C. R. S.]
[+Edward Tredwell is believed to have been a son of Thomas and Mary Tredwell, who came from London to New England in the "Hopewell" in 1635. Edward came here ,via. Southold about 1659, perhaps earlier. He married Phœbe, a daughter of Epenetus Platt. John Tredwell was a brother of Edward Tredwell .- C. R. S.]
34
HUNTINGTON TOWN RECORDS.
one pound, thirteen shillings foure pence his oldest Sonne having had som thing given him by his ffather in his life tiem,
Doth in this estate but share equally with ye rest of the Children.
( Court Rec. p. 50.)
[TOWN MEETING.]
[1661, Feb. 8.]
at a Town Meeting of the Inhabitants of Huntington. Feb. 8, 1661 it was concluded and agreed that all the rates now made shall be gathered and payed between this day and the 15th of March next insueing upon the penalty of ten shillings to be forfeited to the rate gatherer if he dis- charge his trust by making demand of every inhabitant; & for his neglect in his office in not making seasonable de- mand, he is to forfeit five pounds to the town; at which time Jonathan Rogers was chosen Rate-gatherer.
[Copied from original, bound with C, Records.] (Town Meetings, Fol. 1, p. 351. Court Rec., p. 52.)
[1661, March 30.]
It was ordered by the Court March ye 30th 61. S d d That a warrent shall be 10 ; 4 ye making & 6 serving.
d A Tachment 18 : 6 ye making, & 12 ye serving An Exe- s dd d cution 2 : 6, 6 ye making, & 2 ye Destress.
( Court Rec., p 30.)
35
HUNTINGTON TOWN RECORDS.
(COURT RECORD. ESTATE OF SAMUEL WHEELER.)
(1661, May 1.)
Bee it known unto all Men by these pr ents That I Moses Wheeler of Stratford in the Jurisdicktion of Connecticut, (having taken administration of the goods and Lands of Samuell Wheeler my kinsman late of Huntington Deceas- ed) Doc hereby binde my selfe my heairs, Executors, and administrators to ye Court of Huntington, in the Summe of eighty pounds sterling to Dispose of the sd. estate of ye sd. Samuell Wheeler (his kinsman Deceased) according to his minde and will so farre forth as hee Did expresse it, at, or before his Death ; (viz) to Mariem Wheeler ye Daughter of ye sd. Moses Wheeler five pounds ; to his sisters Chil- dren if shee have any ; or to her if shee have none twenty pounde ; and twenty shillings to a Neiger Boy of Mr. Mathews ; And to secure the rest of his estate, (all Just Debts being Discharged) in his owne hands (if no further Demande be made by any that are nearer of kinne) the terme of three years ; ffor the true performance whereof ] Do hereunto set my hand, this twenty first Day of May 1661.
MOSES WHELER.
The 12th of Aprill 1661.
An Inventory taken of the Estate of Samuell Wheeler late of Huntington, Deceased, by Richard Ogden & Joseph Smithe, both of ye same plantation ; being prized by them as ffolloweth.
36
HUNTINGTON TOWN RECORDS.
Imprim, the house, Lande & accomodations
one two yeare Mare
08
00
one horse
09
00
00
two Cowes
IO
00
00
one yeare old Calfe
OI
IO
00
one two yeare steare
02
IO
00
five swine & a halfe swine
05
IO
00
one Bed & wearing Cloths
09
IO
00
with some other small things
Suma. 66 00 00
( Court Rec. p. 51.)
(COURT RECORD. ESTATE OF JONATHAN PORTER.)
(1661, May I.)
Know all men by these p'sents, that I Giles Smith of ffair- field ; doe binde my selfe, my Heires, Executors and Ad- ministrators to pay unto the three Daughters of Jonathan Porter late of Huntington Deseased (viz) Elizabeth, Eunis, and Mary ; or to their Heires (in Case that any of the sd. three sisters Die before their Mother) the full and Just summe of twenty pounds sterling, at the Decease of their Mother Eunis Smith. Which sd. twenty pounds the sd. three sisters, Elizabeth Eunis, and Mary, with the Appro- bation of their Husbands ; Do accept of, for full satisfac- tion for what portions was left them by their ffatheres last will and testament ;*
[*Jonathan Porter died in Huntington iu 1660. He was at Salem, Mass., in 1636, and came to Huntington about 1654. Eunice Porter married James Chichester ; Elizabeth married Edward Harnet, and Mary married Stephen Jarvis, all then res- idents of Huntington. The widow of Jonathan Porter, Eunice, married Giles Smith .- C. R. S.]
£
s.
d.
20
O0
00
37
HUNTINGTON TOWN RECORDS.
In witnesse whereof I Do hereunto set my hand, this twen- ty first of May 1661.
Testesc GILES SMITH.
Jonas Houldsworth Clerk.
( Court Rec. p. 49.)
(TOWN MEETING.)
(1661, Dec. 2.)
At a towne meting the 2 of desambar 1661.
Mr. Sticklen and William Smith, thomas benidick ware chosen by the townes consent to end any differance be- tween naybar and naybar in and by every waye untell the next court of election (or session) at harford and in case the delinquent refuse to apare before them to answar, it is the townes mind that either of them shall have power to grante a warant or warants to compell him or thay to make thare aparance and stand to the a ward and all so it is agreed that the plantive and defendant shall have liberty to chuse either of them a man to have the hering and thar vote desiding the mater in difference betwext them and in case thare bee any crimmall case committed by any person or persons of the towne or any stranger that shall com to towne and any way transgrese thay above menciond have powr to send for examin and punish ackording to the quality of the crime and allso these three above mencioned to have power to call in such as they thinke mete to asist them in the matar depending. and also it was agreed that in habitans shall have against strangars and strangars against inhabitants the benefit of this authoryty will so fere as they authoryty will reache.
(Town Meetings, Vol. 1, p. 346-8.)
38
HUNTINGTON TOWN RECORDS. [TOWN MEETING.]
[1662, Feb. IO.]
ffebuerary the 10th 1662.
at a town meetting it was this day ordered that the bootte should bee sent to Conitucott Rivers mouth to fech Cap- tine Seele* to this Towne upon the Townes choose and that to be sent the first opurtunity. Secondly it was the same day ordered that Thomas weekes and Thomas Joanest should doe their best to by a house and land in the Towne to be and continue the Townes for the use and beniffit of ye ministrey there in to enttertain a minisster at the same Towne meting Thomas Skudder wase chosen by the Towen To calle for an atachment and deliver it to the Cunstabell for to * * * * prize or Seese upon the house and Land which wase Samuell whellams desesed for an order broken by moses whellar whidh ordar wase made the 6 of July 1661
(Town Meetings, Vol. 1, p. 354.)
[*Robart Seely, at one time owned Eaton's Neck and land on West Neck. His wife, Mary, was a sister of the cele- brated Capt. John Manning. He was killed in an Indian War in New England about 1675 .- C. R. S.]
[+Thomas Joanes is believed to be identical with a person of this name at Elzing, in Norfolk, England, who left Ipswich for N. E. with William Andrews 1637, in the "John and Dora- tha," as appears in "Hotton's Lists." He married Catharine Esty, widow of Henry Scudder. He was probably a brother of Rev. John Joanes. See Trumbull's Colonial Records .- C. R. S.]
-
39
HUNTINGTON TOWN RECORDS.
[TOWN MEETING.]
[1662, Feb. 19.]
At a towne meting being The 19 of febary 1662. John lome Jeames Chichester* were chosen deputies for to send to the Corte of election helld at harford next may being in the yeare 1663.
(Town Meetings, Vol. 1. p. 350.)
[TOWN MEETING.]
[1662, Feb. 19.]
At a Towne meting the 19 of feberary 1662. it was agreed by the magar vote that if any of the inhabitants of hun- tington shall aftar the last of march next insewing shall ither by way of gifte or paye do give or selle entartane- ment to Richard Laten for more than the spase of on weeke every person so ofending shall pay forty shillinges fine for every time he shall ofend in brakeing this order made for the pease of the Towne.
(Town Meetings, Vol. 1, p. 353.)
[TOWN MEETING. GRANT TO REV. WM. LEVERICH.]
[1662, June 7.]
at a towne meting of the inhabitents of huntington aboute the 7th of June 1662: it was agreed and by vote granted :
[*James Chichester was the son of James Chichester, Sr .. who was at Taunton, Mass., in 1643, and Salem in 1650. The name was originally spelled " Circencester." James, Jr., resid- ed at Huntington Harbor .- C. R. S.]
40
HUNTINGTON TOWN RECORDS.
that Mr Leverich shall have all the meddow yt lyes aboute cowharbor on boeth sides the creeke, for his yerly benifit, so lang as he continue the minester of huntington .*
(Town Meetings, Vol. 1, p. 350.)
[TOWN MEETING.]
[1662, June 7.]
June the 7th 1662 : it was this daye ordered that thar shall be no foote way through goodman chichesters lot ; nor shall any person or persons have liberty to pass yt waye as formerly withoute leave: upon the penalty of paying all damages that shall be done in the same house lott in corne or otherwise :
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