USA > New York > Suffolk County > Babylon > Huntington Town records, including Babylon, Long Island, N.Y., Volume I, 1653-1688 > Part 5
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[*Thomas Powell was prominent in all the earliest history of this town. He was a Quaker, and, though his religious belief and practice differed so widely from the dominant Presbyterian faith here, he exercised great influence, and at one time or another held nearly every office in the town. After considera- ble research I am of the opinion that he was the son of Thomas Powell, who, pursuant to a warrant of the Earl of Carlisle, was sent from London to the Barbadoes Islands in 1635. He probably came from those Islands to Huntington with Jonas Wood, of Halifax, when the latter was on a voyage to those Islands in the rum and sack trade, for it appears by the Court records that he had, when younger, lived with Jonas Wood nine years. Near the end of his life he acquired and occupied a large tract of land on the border of Queens County, near, or including what is now Woodbury .- C. R. S.]
57
HUNTINGTON TOWN RECORDS.
and assignes for ever all my accomedations which Moses Hayte and my selfe bought of Richard ogden in Hunting- ton that is to say my house home lot meadow and hollow Comonage and all previledges belonging to yt accomoda- tion as alsoe land upon ye plaines which belonged to Richard ogden when I bought the accomodations of him I ye aforesd John doe bind my self my heires and assignes to Clear all Rate and taxations that shall bee demanded and found from the beginning of ye world to this day as wittness my hand this 8th of december 1663.
Witnesses JOHN WESCOTT
THOMAS SKIDMORE
CALEB WOOD
This is a true Coppy of ye orriginall deed extracted by Thomas powell, Recorder.
(Deeds, Vol. 1, p. 27.)
[CAPT. JOHN SCOTT'S PRETENSIONS DENOUNCED.]
[1663, Dec. 26.]
Propounded and voted this 26 of the 12 month 1663:
It was propounded that, if Capt. John Scott* should come and command the constable to warn a town-meeting, the said constable should not obey hin without he shew
[*Capt. John Scott was a bold and seditious adventurer, whose name appears more or less in the records of all the towns on Long Island at this period. He pretended to have authority to adjust the boundaries of this town in its controversy respect- ing Lloyd's Neck. He made himself notorious by his denun- ciation of the King's authority and of the Connecticut goven- ment, until he was finally arrested at Setauket and taken to Hartford, tried, and his lands sequestrated. Huntington made short work of him .- C. R. S.]
-
58
HUNTINGTON TOWN RECORDS.
his commission impowered by his majesty King Charles the Second.
2. It was voted that if Capt. John Scott should com- mand to see our title to the lands of this town that he should not see them unless he shew his power to be from King Charles the Second.
It is voted that when Chiskanoli come that Mr. Wood shall have power to agree with him and the towne to gratifie him to shew the boundaries of the necks of meadow at the South bought by the Town.
[Copy from the original recorded at p. 43, of the Court Records. Copied in the revision of the Town Records, 1873.]
(Town Meetings, p. 5 and Court Rec. p. 27.)
[ORDER OF GOV. NICHOLS CONCERNING THE SOUTH NECKS.]
[1664, March 6.]
Att the Generall Meeting of ye Deputyes of long Island held before ye Governer at Hempsteed march 6th 1664. Huntington
Oyster bay
It is this day ordered yt ye Towne of Huntington shall possesse & enjoye three necks of meadow land in Controversy between ym: and oysterbay as of Right belonging to them they haveing ye more anncient Grant for them, but in as much as it is pretended that Chickano marked out foaer Necks for Huntington in steed of three, if upon a joynt view of them it shall appeare to be soe, then Huntington shall make over the out most neck next to oysterbay to ye inhabitants thereof and their heirs forever, the Indians or some of them of whome each towne made
59
HUNTINGTON TOWN RECORDS.
their purchase, being personally present when the view is to be made*
(File, No. 11.)
R. NICOLLS
[COURT RECORD. JOHN RICHBELL AGAINST JOHN CONKLIN. THE TITLE TO LLOYD'S NECK.]
[1664, March 10.]
Mr. John Richbell ) At the general meeting of the deputies John Conklin ( of Long Island held before the Gov- ernor at Hempstead March 10, 1664.
Upon hearing the differences between John Richbell of Oyster Bay, and John Conkling of Southold concerning a certain neck of land near Oyster Bay, called Horse Neck, Mr. Richbell making his right appear by several deeds & testimonies, and no sufficient right or title appearing to be in the said John Conkling or those from whom and in whose name he claims ; it is this day ordered, that Mr. John Rich- bell is to have possession of the said Horse Neck with its
[*This is the first positive indication of outside governmental authority in Huntington. Township independence had come to an end. The Dutch power in New Netherland had just been broken and the country conquered by the English. King Charles II had made his grant and charter to the Duke of York granting New Amsterdam, including Long Island. Col. Rich- ard Nicholls, Governor of the Colony of New York, had taken possession and issued his proclamation commanding obedience to King Charles II. The flimsy allegiance to Connecticut ceased. Henceforth the Duke's Laws were to prevail here, and his charter and grants by his governors constituted the foun- dation of all title to lands. Indian deeds availed nothing except that it was made a condition of procuring the governor's grant that the Indian "right owner" should be produced and his release given .- C. R. S.]
60
HUNTINGTON TOWN RECORDS.
appurtenances as of right belonging to him & the said John Conkling nor any other by or under him are to disturb him the said Mr. Richbell, or his assigns in the quiet and peaceable posesssion & enjoyment thereof:
RICHARD NICOLLS -
Whereas the matters in difference between Mr. Jno. Richbell and John Conkling concerning a parcel of land near Oyster Bay, called Horse Neck, were at the General Meeting at Hempstead heard on both parts and concluded that Mr. John Richbell had the right to the said land, for which he had then order of possession : These are to re- quire and command you that you immediately put Mr. Richbell or his assigns into possession of the premises, and that no person be permitted to keep possession of part or parcel thereof who pretend any right or title from or under the said John Conkling ; for which this shall be your warrant. Given under my hand at Fort James in New York this 29 day of June 1665.
RICHARD NICOLLS.
To all Justices of the Peace High Constables, Constables Overseers, or whom Elce this may concern .*
(Copy from the Records of the Manor of Queens Village, "Vel- lum Book."-File Lloyd's Neck papers D.)
[*This was the first suit of importance to Huntington under the " Duke's Laws," and as it was decided adversely, although Huntington people had held possession of Horse Neck for eleven years, the people here were not well-disposed toward the new government and tried unsuccessfully to get annexed to Connecticut. Possession of Horse Neck was only nominally given up and more suits soon followed .- C. R. S.]
61
HUNTINGTON TOWN RECORDS.
[ BOND. JAMES MILLS TO JONAS WOOD.]
[1664, April 6.]
Aprill ye 6th 1664.
this ingadgeth mee James Mills of Pisquategue Bay in James River Virginia and my assinee to pay or caus to bee paid to Mr Jonas wood of Huntington or his assignees the full and just sum of six pounds and eaight- een shillings sturling - bee paid in Huntington att my Return from virginia or within fower months from this time in som curraut pay to his content and att
prise
*
*
and is in for and consideration of a Debt
to him that said * the widoe of John Casbr late of the said towne deaseased the said sum is attached by the assise of the said towne in my hands as alsoe * shillings and six pence for the said attachment as witness my hand. Witness JAMES MILLS
THOMAS BRUSH.
THOMAS SCUDDER.
(Town Meetings, Vol. 1, p. 7.)
[TOWN OF HUNTINGTON vs. ROBERT SEELY. TITLE TO EATON'S NECK.]
[No Date.]
The Declaration of the towne of Huntington Beeing Against Capt Robart seely Defendant in an action for trespas.
May it please this honorable Cort now mett wee being * * Doe Declare against Captn Robart seely in an action
* * * for selling and giveing posession of our medow land * Right of upland on a neck on the east side of huntington harbour which is to our great Damage the Defendant having nothing off the townes Right by
62
HUNTINGTON TOWN RECORDS.
their Lawfull purchas * *
* * * forewarned from giveing or takeing any possesson * * Land and that by the consent of the towne in generall * * * * bee made apeare to this Coort by sufficient prooffe the wa *
* * * * the Defendant made slite of and for all that could bee said on the towns part in a mild and naybourely * * * *
hee proceeded and gave possession to way.
the man that hee * * sould it too: which occasoned the towne ffurther troble and charge: Being Deprived of the use of theire owne Land as upon the 7th of february 1664 which caused the towne to send men to the neke gorg & Balding had fenced in and bilt upon: wch was to * *
in
said balding that hee was there Contra- ry to the townes mind and that there hee should not Re- maine And further *
* * men ware to protest against his further preseeding * * our men Did as will bee made apeare to this honorable coorte by prooffe all which will not efect the end
* which wee ware att this
troble which was only
* wee might peasabley Injoye that which is our
bought and paid for as may appeare to this honor* cort by our Deed wch was assigned to us by the true p'prietors owners of the afore said land Now in contriverse and there fore wee humbley crave the helpe of this honorable coort for the Determination of our cause according to law
( Court Rec., p. 261 .- Loose leaf.)
[No Date.]
that which I have Written conserning the bargan between John davis and abigall Samons is don with out the know. of either of them : aftar I came home for feare difference could arise I have written it as I am Recorder upon oath : John Core.
Record.
(Town Meeting, Vol. 1, p. 356.)
63
HUNTINGTON TOWN RECORDS.
[TOWN MEETING.]
[1664, June 6.]
at a towne meting the 6th of June 1664 it was voted and agreed by the magar vot that Jery wood* shall have libarty to perchas heare in this towne and to be reseved as an in habitante.
(Town Meetings, Vol. 1, p. 356.)
[TOWN MEETING.]
[1664, Dec. 13.]
at a towne meeting the 13 of Desember 1664 Thomas weekes Isaac plat were chosen to gather Mr Jones his rate and to take as fair what may be for his comfort so far as consernes the towne so long as Mr Jones dos stay or the towne se case.
(Town Meetings, Vol. 1, p. 1.)
[*Jeremiah Wood no doubt came from Hempstead, and was the son of Jeremiah, Sr., who died in Hempstead in 1686, as appears by deed recorded in Hempstead Records, Liber I, p. 283, County Clerk's office, in which it is recited that " Jeremiah Wood, Joseph Wood and Jonas Wood are brethren and sons of Jeremiah Wood, lately deceased." Again, in deed by Jonas Wood, Vol. 2, p. 172, it is recited that Jonas "resigns his interest in lands that belonged to his grandfather, Edmond Wood." Probably this is the " Edmond" who died in Hun- tington .- C. R. S.]
64
HUNTINGTON TOWN RECORDS.
[DEED. THOMAS MATTHEWS, &c., TO GEORGE BALDWIN.]
[1665, March 6.]
Know all men by these p'sents that I thomas powell of huntington upon Long eiland attornie to Mr Thomas Mathews Merchant have for the vallue of thirtie five pounds to bee paid in mannor and forme following viz : fifteene pounds at or uppon the 29 of September 1666 and twentie pounds the 29th of september 1667 for which I have Bargon sould and by these prsents doe bargon sell and Deliver unto gorge balding of huntington aforesaid all the Right title and Intrest that Mr thomas Mathews, Marchant have in an acommendations that lieth at the harboure in the afore said huntington north to the woods and west to the harboure or that I have from him by aughthoritie of an Attornie from him that wee have or had in hous and lott aforesaid together with all the Improved lands priviledges accommendatons proffits Revenews thereto belonging or accureing therefrom as alsoe A cer- taine parcell of ground about six acars ling in the east ffeild the lott of nathaniell foster on the east side and the lot of Gabrell Linch on the west the lott of thomas Scud- der and henry whitson on the north and the south side the woods as alsoe A certaine p'sell of medowe on the south side of the Iland about the number of sixteene acars bee it more or les lying on the eastermost neck now purchased of the bounds of huntington all which the aforesaid Lands Meddows housings and accomendac. and priviledges I the afore said thomas powell attorney to Mr thomas Ma- thews doth by these p'sents sell alienate and estrainge from us or cither of us our heires executors administrs. and assignes all our Right title and intrest unto the afore- said gorge balding his heires executors administrators and assignes to have and to hould ffor ever and I doe also by
65
HUNTINGTON TOWN RECORDS.
these p'sents Ingadge my selfe my heires executors admin- istrators and assignes to save harmeles and Indemnified the said balding his heires execut. administrs. and assignes ffrom any person or persons whatsoever whoe maye or shall laye any claime or title to the afore said hous Lands or any part or parsell thereof to the Indemnifieng the said belding or his sucksessors in his or either quiett possession of the aforesaid hous or lands in witnes whereof 1 have here unto sett my hand this six Day of march in the yeare of our lord 1665.
signed and delivered
THOMAS POWELL
in the p'sents of the mark of
ALESX BAYLY Joseph bayly* Rec" (Conrt Rec., p.320 )
[COURT RECORD. JONAS WOOD vs. JAMES MILLS.]
[1665.]
1665 Mr Jonas Wood plainte against James Mils def. found upon due examination as is made appear by bill in James - his own hand of James River Virginia that seaven pound six pence - due to Mr Jonas wood from the said mils for wich wee the said townmen doe grant an attachment upon the any goods or estate that can bee found of the said mils and to men then to prise the said estate which men is Tho. Scudder and Tho. skidmor.
(Town Meetings, Vol. 1, p. 7.)
[*Joseph Bayle is supposed to have been the son of John Bayle, who was born in England in 1617. Came from London in the "True Love" to the Bermudas in 1635, and afterwards settled at Southold. Joseph came to Huntington from Southold. He was Captain of the "Train Band " and Town Clerk and Recorder several years .- C. R. S.]
66
HUNTINGTON TOWN RECORDS.
[ TOWN MEETING.]
[1665, April 26.]
At a Towne Meeting the 26th of Aprill 1665. - it is voted and agreed by the trustees of the said towne that Sam- * and Jonathan Rogers shall bee the men to vew the west end fenses feild fence and it to bee Repaired sufficiently within too Days aft- * and for the este end of the towne John Rogers and henry whit * men to vew the east end fence and east feild and see it bee * don within to Dayes after this meeting and it is further
agreed by * said * * * that ye men or either of the said men or men * * shall reffuse the viewing of the
said fenses for the year
that they shall *
* for such Refusing, fortie shillings .*
(Town Meetings, Vol. 1, p. 7.)
[ DEED. CALEB WOOD TO SAMUEL DAVIS.]
[1665, May 12.]
Know all men By these p'sents that I Caleb Wood off huntington upon Long eiland in yorkesheere husbandman have for the vallue of seaven pounds to bee paid in a young mare that is to be a yeare ould and - vantadge when shee is Delivered which is to bee in July next ensuing and More at Large is exprest by A bill of Debt under hand signed ffor which I have Bargoned sould and by these p'sents Doe Bargon sell and Deliver unto Samuell Davis
[*The Duke's Laws required what was called a “ perambula- tion " of the boundaries of farms and " home lots" once every year under a penalty of seven shillings for each day of neglect. A " perambulation " of the boundaries between towns was also required to be made every three years in the month of Febru- ary, under a penalty of £5 for neglect. The law also required the constable and overseers to appoint fence viewers to examine the fences and order necessary repairs made .- C. R. S.]
67
HUNTINGTON TOWN RECORDS.
of southhamten upon Long eiland and yorkesheere afore- said all my Rite tytell and Intrest that I have in a como- dacon which is a too hundred pound alotment that lyeth and being in huntington aforesaid the Lott of henry whit- son on the south side and the Lott that was given to trustram hodges on the north the Reare Running to the woods and frunted with the highwaye together with all Lands priveledges accomidacons proffits and Revenews there to Belonging or accrueing therefrom as also A Cer- taine p'sell of Meddow Lying on the south side of the eiland which containeth eaight acars which is the pporsion of a too hundred pound Lott lyeng and Being on the easter- most neck now purchased all which the afore said Lands Meddows and accomidacons and privelledges I the afore said Caleb wood Doe by these p'sents sell allenate and estrainge from mee my heires executors administrators and assignes all my tytell and Intrest unto the aforesaid Samuell Davis his heires executors administrators and assignes to have and to hould for ever and I Doe by these prsents Ingadg my selfe my haires executors administrators and assignes to save harmeles and Indemnified the said Davis his heires executors administrators and assignes from any parson or p'son whatsoever whoe may or shall Laye Any claime or title thereto or Any part or p'sell there of to the Indemnifing the said Davis or his sucksessors in his or either of thaire quiet possession of the aforesaid Lands Meddow or any part or p'sell there of and the aforesaid Lands and every part and p'sell thereof to bee free from all Rites and tacksacons from the Begining of the world untill June 1665 as witnes my hand this twelfe Daye of may in the yeare of our lord 1666
Signed and Delivered
in the p'sents of
JOHN FINCH
Joseph Bayly, Rec" (Court Rec. p. 321.)
CALEB WOOD
68
HUNTINGTON TOWN RECORDS.
[ TOWN MEETING.]
[1665, May 30.]
Att a generall Town Meeting held the 30th of May 1665.
it was voted and Agreed the Daye aforesaid that all young Cattell or all Cattell exsept working oxen and Milsh Cows should be drove out to horse neck on thurs- day being second of June and if all can not be got - by that then the Rest should bee drove on the last Day of the same week and that thomas brush and Joseph whitman were the men that * appointed to keepe the cattell on the first week and thomas weeks jun' * Caleb wood the next week and soo they to keep the Cattell as long as the towne see accasion and to have for their satisfaction A
* * for i day and it is further agreed that if any inhabi- tant will not drive his cattell their that hee or they shall pay their equall preportion towards the satisfaction of the men so appointed to keep .*
(Town Meetings, Vol. 1, p. 7.)
[AGREEMENT. JOHN SCOTT AND GEORGE WOOD.J
[1665, June 15 to 1671.]
Know all men by these presents that whereas by vertue of an order from John Scott George Wood was seized of one hundred ackers of land by lease to have fowerteen ackers of the land at the expiration of six yeares, there fall-
[*This bold act of the people of Huntington in occupying Horse Neck was doubtless the cause of John Richbell, to whom it had been awarded in the preceding suit, bringing an action to recover possession, which he did in September of the same year .- C. R. S.]
69
HUNTINGTON TOWN RECORDS.
ing out in ye time acting of affaires such obstructions from John Richbell of oysterbay marchant, who Clames the whole necke as well in the Right of major generall John Leveritt as his owne, and othere causes by which the said John Scott becomes disinabled of the performance of the lease formerly made from the said John Scott to the said george wood upon the which matter as an Issue of all def- ferences it is Concluded by & betwixt both parties that george wood shall have in full satisfaction of ye said non- performance of his lease and saile of 15 acors, all yt house orchard hom lott land in the feild meaddow att South with all Rights, members & appurtanances belonging to ye ac- comodation which the said John Scott bought of James miles formerly John gosbies all which the said George Wood his heires and assignes shall injoye for ever to the performance of ye premises ye said John Scott & george wood doe put to there hands this 15th of June 1665.
Signed & delivered JOHN SCOTT. in ye presents of the marke of SIMON LANNE GEORGE X WOOD
witt. JOHN TREDWELL
Entered in the office of Records att fort James in new yorke this 21st of ffebruary 1670 Matthias Nicolls, sec"
Whereas I the within named James miles did Impower Capt. John Scott of seatocit one long Island to dispose in my behalfe of a house land and other appertenances & accomodations there to belonging which formerly 1 pur- chased of John Gosbe deceased, situated & being in hun- tington and the boands & limetts thereto beelonging and where as the said Scott hath disposed to george wood the said house land and other, the appertenances as by this deed with in writen may more at large appeare and whereas James Chitester of ye said towne pretended I the said milles am Indebted to him hath unjustly molested the said george wood in the quiet possission of the said house and land
70
HUNTINGTON TOWN RECORDS.
These there fore wittnes yt I the said miles doth avouch and affeirme yt ye said Chichester is about 201b sterling in my debt the which I shall sufficiently prove in time and place Convenient & I doe here by ratefie & confirme & allow of this within deed made by Capt Scott for my use & behofe to georg wood his heirs & assignes for ever dis- owning for myself my heirs and assignes all right title clame or Intrust in or to the said house and land & I doe hereby Impower Theophilus phillips of newtowne on long Island to bce my attorney to accknowledge this deed in Court and to have it recorded as wittnes my hand & seale the 30th Decm. 1670.
wittnes RALPH HUNT X his mark
JAMES MILLS. acknowledged before RICHARD BEETTS Justice of ye peace.
Entered in ye office of Records att fort James new yorke this 21st of ffeb 1670
Matthias Nicols, secr.
I george wood of new towne of long Island doe assigne all my Right & tittle of this bill of sale to william osburne of long lland from mee my heires and assignes to him his heirs and assignes peaceably to Injoy for ever as witness my hand & scale this 5th may 1671.
his mark
GEORGEX WOOD
Signed and delivered in the presence of us. JOHN MARSHALL SAMUELL MORE. This is a true Coppy out of ye orriginall.
Thomas powell, Rec".
(Court Rec. p. 297-8.)
71
HUNTINGTON TOWN RECORDS.
I william osbourne of hempstead one long Iland doe heer by assigne over all my right and intrust in this within ' written bill of sale assigned from gorge wood to me my heires and assignes I say I doe assigne the same fully and absolutly from mee my heires and assignes to Jonathan Scudder of Huntington one long Iland his heirs. and as- signes peaceablely to injoy for ever as wittnes my hand this 24 of August 1674.
Test. JONAH FORDAM SAMUELL TITTUS.
WILLIAM OSBOURN.
This is a true Coppy out of ye originall by me.
Thomas Powell. Rec"
(Court Rec. p. 299.)
[DEED. CALEB WOOD TO SAMUEL DAVIS.]
[1665, June 24.]
Records off Alottments :
1665.
June ye Sould By Caleb wood off Huntington uppon Long 24th Esland unto Samuell Davis off South hampton uppon Long eiland all his Right title and intrest in a Lott that Lyeth in huntington and adjoyneing to A lott off Henry Whitsons on the south sid and A lott that was Late in the posession of William whitemore on the North sid and the higeh way to the harbor on the west sid which lott is in the pos- session of the said Caleb and according to the Name of A too hundred pound lott with eaight acers of Meddow at the south on the eastermost Neck which I the said Caleb wood have delivered up unto the said Samuell Davis for and in Consid- eraton of seaven pounds to bee paid at or before the twentie on of December next ensuing.
72
HUNTINGTON TOWN RECORDS.
p mee Jos : Bayly. By George woods Report and none els.
Made over By John Scott Late of hempsteed all his Right titel and Intrest in a Lott that was on Cosbis Desesed in huntington and Late in the possession off James Mils off James River Vergin- ea which hee the said scott owned By A deed of sale ffrom the said James Mils which lot is A three hundred pound lott with all the apurtinances or privilidges that doth there unto belong which hee the said John scott doth ffully and ffreely acknowl- edge to have Resind to gorge wood his heires and assigns entird cominad. adjoyneing to Samel titus on the south and watels on the north and the street on the east feeld land calib coronthos on the west and tho. brush on the east :
p mee. Joseph Bayly. Record.
(Court Rec. p. 319.)
[TOWN MEETING.]
[1665, July 2.]
July the 2nd 1665.
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