USA > New York > Suffolk County > Babylon > Huntington Town records, including Babylon, Long Island, N.Y., Volume I, 1653-1688 > Part 6
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Att a towne Meeting held the day and yeare abovsd By the Constable and Overseers of Huntington conserning the Common medder : at the south that noo inhabitant shall Mowe any gras fres or salt upon any of the sd Comon Meder without leve from the Counst. and tho. weks and John Kettcham upon the forfeitture of seven shillings for esh loade soe Mowed or cut without leve and to be levied to the use of the towne.
(Town Meetings, Vol. 1, p. 8.)
73
HUNTINGTON TOWN RECORDS.
[DEED. HENRY LUDLAM TO NATHANIEL FOSTER.]
[ 1665, Oct. 3.]
Know all men by these p'rsents That I Henry Ludlam of Southampton one Long lland in new England plant. have and by these p'sents doe alienate bargaine & sell and for and in consideration of a valuable consideration in hand recived have & hereby doe (as afore. sd.) alienate & sell unto Nathaniell ffoster of easthampton on ye sd. Iland all yt my messuage or tenemt in ye towne of Huntington one ye sd. Iland with all ye houseing yards orchards, gardens, fences, & easemte, with all ye upland & meadow or marsh ground yt there unto belongeth with all ye p'fitts & comedities or enlargments there to doth or here after may belong the said accomodations, goeing at ye sd. Hunting- ton under or at ye Denomenation of an two Hundred pounds or second allottmt to him ye sd. Nathaniell foster his heyers executors administrs & assignes. for ever. To have and to hold, and peaceably and quietly to possesse & enjoy for ever with out the least lett hindarnce mollesta- tion or desturbance of mee the sd. Henry Ludlam my heyers executor administratrs or assignes or any other claimeing any right, title or intrest in ye premisses or any part thereof in my name or by vertue of any former saile bargaine mortgage or any act of mine whatsoe ever In witnes where of I have here unto sett my hand and seale this third day of october Ano. dom. 1665.
signed, sealed HENRY LUDLAM.
and delivered in
[Seale O.]
the p'sents of us. HENRY PEIRSON.
JOHN ,DICKERSON
This is a true Coppy of the orriginall Deed extracted by me.
THOMAS POWELL Recr
(Court Rec. p. 293.)'
74
HUNTINGTON TOWN RECORDS.
[JOHN RICHBELL AGAINST HUNTINGTON. THE TITLE TO LLOYD'S NECK.]
[1665. Sept. 28 to Oct. 4, inclusive.]
The proceedings at the General Court of Assizes held at New York on the Island of Manhattan before the Gover- nor and his Council and the Justices of the Peace of York- shire, upon Long Island, on the 28th, 29th and 30th days of Sept., and the 2d, 3d and 4th days of Oct., in the 17th year of his Majesty's reign, anno domine 1665. Sept. 28th. John Richbell, Plt.
The inhabitants of the Town of Huntington, Def'ts.
The names of the Jurors :- Richard Gildersleeve, Fore- man of the Jury, John Symonds, Henry Pierson, Thomas Smith, William Hallet, Edward Titus, John Burrows.
Mr. John Rider, Att'y for Pl't.
The pl't declares upon an action of trespass, for that the def'ts have given him unjust molestation in possession of a certain parcel of land commonly called Horse Neck to his damage &c .; whereupon he brings his suit. To prove his title the plaintiff produces a bill of sale of the said land from Richard Russel and Nicholas Davison, who were appointed by the General Court at Boston to administer upon all the estate, both real and personal, of Samuel Andrews who died intestate at Charlestown in New Eng- land. The plaintiff proves the purchase of the said Neck of land for a valuable consideration by Samuel Andrews, from Daniel Whitehead, who was the first purchaser there- of from the natives, Sept. 20th 1654.
After that Samuel Andrews had made his purchase from Daniel Whitehead, he obtained a confirmation thereof from the Grand Sachem, Wyandanck, which was produced.
Nathaniel Sylvester declares in Court that he is a witness to the confirmation and that he disbursed the pay for it at the request of Mr. Andrews.
75
HUNTINGTON TOWN RECORDS.
Richard Woodhull, sworn in Court says, he accompanied Samuel Andrews and Daniel Whitehead to Shelter Island, where the Grand Sachem met them and confirmed the same, and that returning home, he met one John Gosby of Huntington, who said he was employed by the town to purchase the said Neck of land of the Sachem, for their town, but hearing of the said confirmation, he said he was come too late, and so returned homeward. John Scudder (not sworn) declares in court, that he being then an inhabi- tant of the town of Huntington, knoweth that Mr. John Gosby was so employed by them, and that he returned with the answer that he was too late.
Capt. John Underhill sworn, says that he ther living at Southold, Mr. Andrews came and told him, he was going to get Horse Neck confirmed by the Sachem; returning he called on him again and said he had done his business, and that awhile after, John Gosby coming to him told him what he came about, but was come too late.
The Attorney for the plaintiff, pleaded likewise a verdict obtained by the plaintiff at a General meeting held before the Governor at Hempstead, in the beginning of March, 1664, whereupon he had judgment given for him, against John Conkling, who sued for the same land in behalf of his wife and some orphans, and had an order for possession accordingly.
Mr. Leveridge, attorney for the defendants, in answer to the plaintiff's declaration, denies the unjust molestation- pretends the want of timely benefit of the declaration, and alleges that the judgment and order at the General Meet- ing at Hempstead concerned only Conkling's pretences, not theirs.
He argues the defendant's title to Horse Neck to be more valid, as being more ancient than the plaintiff's.
He produces an assignment from the inhabitants of Oyster Bay of all their rights to the lands at Huntington, &c., bearing date 2d April, 1653, wherein he says Horse
76
HUNTINGTON TOWN RECORDS.
Neck is included (though not by name mentioned) as not being excepted, and that it comes within their line; for proof thereof, two depositions are read in Court, the one from Thomas Benedict, sworn before Justice Denton, the other from John Corey, sworn before John Strickling who lives out of the government. They are both to this pur- pose, that after the first purchasers had sold their lands to those of Huntington, some of them bethought themselves of Horse Neck, and desired that they might have half of it, and if not the one-half then they might have liberty to put their horses on it, but both were denied them.
Mr. Leveridge alleges that the desire of the first pur- chasers, after their resignation, implies that they were sensible they had parted with their rights; he likewise pleads possession of the said Neck, near double four years, without any legal demant or just molestation.
The attorney for the plaintiff offers to prove that Horse Neck was not included in the resignation made by the first purchasers.
Daniel Whitehead, one of the first purchasers of the lands at Oyster Bay and Huntington (not admitted to take his oath, it being alleged he was a party) declared that Horse Neck did never belong to either of the towns, it being reserved by the Indians at their first sale for hunting, and Mr. Leveridge being told by a chief Sachem, he wrote to the said Daniel Whitehead to buy it, otherwise he should not come to live at Huntington.
Robert Williams, not sworn, one of the first purchasers, declares that Horse Neck was excepted by the Indians, in their first sale, as reserved for their hunting. So Oyster Bay could not resign what they had not. He says more- over, that they being sensible of their want of title to the said Neck, he struck a bargain with an Indian for it, and · delivered him a coat in part payment for it, but the Indian coming no more, he could not go through with his bargain, which afterwards, Daniel Whitehead did perform.
77
HUNTINGTON TOWN RECORDS.
Deposition-Richard Holbrook, another of the first purchasers, deposeth to the Indians reserving Horse Neck when they bought their lands at Oyster Bay and Hunt- ington.
Attestation-Anthony Wright, Thomas Hermitage, at- test the same under their hands.
Nicholas Wright, sworn in Court, declareth the same and that he knew that Mr. Leveridge had written a letter about the purchase of it.
As to the possession, the attorney of the plaintiff de- clares that the plaintiff had possession given him by an order of the General Meeting at Hempstead, before which he knew not where to have recourse for law or justice. The attorney for the defendants objects against the taking possession by the plaintiff to be legal, it being not done by the Sheriff, a forma cjectionis.
He finds a difference in the oaths, depositions and attes- tations made for the plaintiff ; some calling that which Mr. Andrews purchased at Shelter Island, a confirmation, others a sale, and he questions the Sachem Wyandanks power to do either.
The attorney for the plaintiff alleges that notwithstand- ing Mr. Leveridge questions Wyandanck's power, yet the town of Huntington would have purchased Horse Neck of him and had a confirmation of their land from him likewise which was allowed of by them.
After a long debate of the cause on both parts, it was refered to the jury, who the next morning, being Sept. 29, brought in their verdict as followeth, viz :
VERDICT.
That upon serious consideration of the cause depending between Mr. Richbell and the Town of Huntington ; weighing all the evidences, we find for the defendants, we finding that the ancient deed is the right of Huntington, wherein we find by the bound of Huntington's deed, and by evidence that Horse Neck (which is in controversy)
78
HUNTINGTON TOWN RECORDS.
lyeth within the bounds of Huntington's deed, except further light can be made to appear unto us by the Hon. Gov'n. and Council, and that plaintiff shall pay all costs and charges depending upon this suit.
The plaintiff appealed from the verdict to the Governor and Council.
THE APPEAL
At the Court of Assizes held at New York the 28th of Sept. by his majestys authority in the seventeenth year of the reign of our Sovereign Lord, Charles the Second, by the grace of God of Great Britain, France and Ireland, King, defender of the faith, &c, and in the year of our Lord God 1665.
John Richbell, Plaintiff, the Inhabitants
of the Town of Huntington, defendants. (
The Court having heard the case in difference between the plaintiff and defendants debated at large concerning their title to a certain parcel of land commonly called Horse Neck, and having also seen and perused their several writings and evidences concerning the same, it was committed to a jury who brought in their verdict for the defendants ; upon which the Court demurring, did examine further into the equity of the cause, and upon mature and serious consideration, do find the said parcel of land called Hors Neck doth of right belong to the plaintiff, it being purchased by the said plaintiff for a valuable consideration and by the testimony of the first purchasers under whom the defendants claim, was not conveyed or assigned by them to the defendants with their other lands ; upon which, and divers other weighty considerations, the court doth decree that the said parcel of land called Horse Neck doth of right belong and appertain unto the plaintiff, and his heirs, and it is hereby ordered that the high Sheriff or Under Sheriff of the north riding of Yorkshire upon Long Island do forthwith put the said plaintiff or his assignes in possession thereof and all persons are hereby required to
79
HUNTINGTON TOWN RECORDS.
forbear the giving the said plaintiff or his assignes any molestation in the peacable and quiet enjoyment of the premises .*
Signed by order and appointment of the Court.
RICHARD CHARLTON, Clerk of the Assizes.
Whereas the Hon. Col. Richard Nicolls, Esq: deputy to his Royal Highness James Duke of York, together with his honorable council did upon the 28th of Sept. 1665, pass judgment in the Court of Assize, that I, John Underhill, Under Sheriff of the north Riding should by virtue of the said power, possess Mr. John Richbell, marchant of Horse Neck, adjudged by the Honorable and ye said Council of right belonging to him the said John Richbell; these are, in obedience to the said authority and do by these presents and upon ye 24th day of October, 1665, give unto the said Mr Richbell, possession of the said Neck, with all appurte- nances thereunto belonging and for full assurance accord- ing to the laudable custom of order, possession, I do as aforesaid in the presence of two subscribed witnesses give him the said Mr Richbell possession of the said neck by turf and twig, Signed in the name and authority of the
[*This is probably one of the most fully reported cases in this country, a record of which has come down to us from this remote period, and its chief value, now, consists in the facts and circumstances which are related, and which have in this way been rescued from oblivion. It was only a few months before this that the English had captured New York from the Dutch, and when Gov. Richard Nicholls landed, the common law came with him. The Court of Assize had only just becn established and this was probably one of the first land trials that came before it. It was a sample, however, of a Star Chamber Court reversing the verdict of a jury. Whether right or wrong, it placed Lloyd's Neck out of Huntington and barred off one-third of its seashore front ; and from that day it re- mained out, until the passage of the act of the Legislature of the State of New York in 1886 annexing it to the town of Huntington-a period of 221 years.]
80
HUNTINGTON TOWN RECORDS.
honorable aforesaid ; together with the honorable council, day and date above said.
Pr. me JNO. UNDERHILL, as aforesaid RICHARD HARROT, RICHARD LATTEM.
This is Recorded in the Secretarys office in the Book of Records of the several Courts of Assize beginning Anno. 1665 No 2. page 7 to 14 inclusive.
(File Lloyd's Neck Papers, E.)
[MARKS AND BRANDS ON ANIMALS.]
[1666.]
Imp
John Samways 1666 Record of horses. A Baye mare aboute eaight yeare ould her eare marke is the tips off Booth eares Cropt off Branded on the neare Buttoke with I S and the off buttoke with the towne Brand E.
tt A too yeare ould hors in Coullor a Browne Baye with a white face and too white feet his owne marke with the tip off Booth eares cropt off and Branded on the neare Buttoke with B.
tt A yeareling mare in collor Blacke her eare marke with a swallow forke on the neare eare and a niche under that yeare. Branded on the off buttocke with the towne Brand E.
Bought By John Samway off Huntington off Rich- ard williams off the same towne A paire off steares on Browne and the other Blacke the on som ffive and the other som fower yearrs of age their eare
.
SI
HUNTINGTON TOWN RECORDS.
marke is too half pence o the off eare the on on the uper side the other under that .*
Joseph Baiely, Rec".
(Court Rec. p. 210.)
Sould unto Jonathan Lewis by Thomas Whitson a colored horse with little star on his forehead a crop on ye left year a black main and tail four white feet, one walle eye it being ye left Eye. The said horse is in part pay for his man sarvant which yea said Tom Witson bought of yea said Lewis.+ (Court Rec. p. 10)
[*These items, showing the marks John Sammis put upon his horses, are printed as specimens showing the custom of the period founded on the Duke's Laws, and are taken from the large manuscript volume of similar records of marks, but which are omitted as having little value. It will be noticed that the town mark is here given as the letter E. It so appears in all the records. The letters of the alphabet were applied to each of the old towns, beginning at the east end of the Island with the letter A. and ending with E. for Huntington. Animals were branded with a hot iron with the Town Mark and the initials of the owner, or a monogram. A record of the mark was then made in the town book, and a statement of the age, color and all " observable " marks on the animal and a date of the brand. It wa's an offence punishable by a fine of £5 to sell, exchange or give away any horse, ox, cow or bull not marked, and the penalty was fio for a failure to record the sale or exchange of such animal. If the animal was taken to another town and sold, the brand of that town and the marks of the purchaser were put on over the other marks .- C. R. S.]
[{Slaves were held from a very early period of the Dutch settlement of New York, and it is believed that the first impor- tation of negroes in America was by a Dutch vessel which brought them from the African coast and sold them in Virginia. In 1655 a cargo of slaves was brought from Guinea in the " White Horse" and sold in Manhattan Island. Many cargoes of negroes were afterwards landed and they were bought and sold under both Dutch and English authority in the Colony for more than one hundred years. Slaves found their way into Huntington at an early date, and nearly all the prominent families held more or less of them. As late as 1755 there were as many as 82 slaves (47 males and 35 females) distributed
82
HUNTINGTON TOWN RECORDS.
[DEED. GABRELL FINCH TO EPENETUS PLATT.]
[1666, Feb. 24.]
Know all men by these p'sents that I Gabrell Finch off hun- tington uppon Long Eiland in yorkesheare weaver, have from mee my heires executors administrators and assignes Bargoned sould and made over unto Epenetus platt off huntington on long Eiland in yorkeshere afore said his heires executors administrs and assignes all my Rite title and Intrest in all my accommindacon sittuate and lying in huntington afore said formerly in the occupacon of Mr Stiklin together with all houses out housses Barne orchards gardens Lands Meddows or whatsoever there to Belongeth or Appertaineth as alsoe to alotments in the east ffeild off huntington late in the tener or occupacon off thomas skidmore and Samuell wood Containeing seaven Acars and a halfe bee it more or les as alsoe A certain p'sell of Meddow on the south side of the eiland part thereof lyeth on A neck Called nagunttatauge Lying Be- tweene the Alotment of John Ketcham and william Ludlam Containeing six acars Bee it more or les the other p-porcon of Meddow lying on A necke of Meddow Called By the name of the east necke it Being the halfe p-porcon of a three hundred pound Lott, Too have and to hould for ever all the said houseing Barne orchards home lott Booth Meddow and upland together with all singular the appur- tinances, Rits title or intrest that now is or ever here after shall Belong or Appurtaine unto the aforesaid Epenetus Platt his heirs or assignes ffurthermore I the said Gabrell
among 53 families. By an act of the Legislature of 1799 and later. provision was made whereby slave-owners might volun- tarily free their slaves when under fifty years of age and capable of supporting themselves. Under these acts slavery soon disap- peared .- C. R. S.]
83
HUNTINGTON TOWN RECORDS.
Finch Doth Covenant and promise to save harmeles and indeminified the said epenetus platt his heirs and assignes ffrom any person or persons whatsoever whoe maye or shall Laye Any Claime of Rite or title to any p" or parsell thereof and allsoe I the saide gabrell Finch Doth fully and abseelute make over and estrainge from mee my heires execut's administrat's and assignes every pte. and p-sell thereof unto the above said Epenetus platt his heires and sucksessors as alsoe to be free from all Rates and tacksatons ffrom the Beginning of the world to the Daie of the Date hereof as witnes my hand this twentie fowerth of frebruary in the yeare of our Lord on thousand six hundred sixtie and six. the Mark of GABRELLX FINCH
Signed, sealed and dal. in the presents of
RICHARD SMITH
CALEB WOOD
Joseph Baiely Rec".
Memorandam I the saide Epenetus platt Doth promise not to molest nor hinder Samuell wood of the privilidg of his commonadge of that lot that gabrell Finch Bought of the said samuell wood lying in the este feilde which is not to bee made us of untill the feilde b cleare of Corne or any usefull nessesaryes and hee the said Samuell is but to have his equall p'porcon according to that lote unto which I the sade Epenetus plat have hereto set my hand the Daye and yeare within written
this is A true Coppie of the originall Deede. extracted p mee Joseph Baiely, Rec. (Court Rec. p. 314.)
EPENETUS PLATT
84
HUNTINGTON TOWN RECORDS.
[DEED. JOHN STRICKLAND TO JONAS WOOD.] [1666, March 8.]
Jonas woods Deede of sall for Coppiage know all men by these presents that I John stickland of Jamaick In the North Riding of yorksheer on Long Island have fully and absolutly sould unto Jonas wood of Huntington In the east riding of york sheire on Long island afore said a certain passell of medow on ye south side the saide Island In ye bounds and Limittes of the Towne of Huntington Lying and being in A necke comonly called by the Indians Cop- piage bounded on the west with a river called Yatamunti- tahege on ye east bounded by samuell wood and thomas Powell parted by and ogke tree by the path marked so H. ranghing to a lone tree standing In ye medow on ye east sid the hassackes and soe upon a line to ye south water I say ye affore said John stickling have for my selef my heairs &c fully sould and made over unto Jonas wood aforesaid his heirs &c. the above sd. medow with all ye preveledges and apartenances there unto belonging to have and to hold and peaceably In joye for ever free from any just Claime or Incumbrance of any person or persons what soever and Do hereby acknowledge that In consideration of ye prem- ises I the affore sd. John stickland have reseved full and valluable consideration to my full satesfaction and to the confirmacion of the premises I ye affore sd. John stickland have subscribed my name & set to my seale this eight daye of march in ye eighteenth ycere of his magiestes Raine Charles ye second & in ye yeare of our Lord god 1666 signed scalled and Delivered his marke
In ye presents of
WILLIAM SMITH Xhis marke
X JOHN STICKLAND
Anthony Waters
clerk of ye sessions of ye north riding of yorke shiere long Island.
(Deeds, Vol. 1,p, 294.)
85
HUNTINGTON TOWN RECORDS.
[AFFIDAVITS OF JONAS WOOD AND THOMAS TOWNSEND.]
[1666, May 10.]
in the yeare of ye Lord 1665 after the first Coort heald att hempsteed the Constable of oysterbay caused us to goe to hors neck as witnessess for Mr John Richbill to give him possession of the neke and gorge wood being setled by the order of John Scott was by the said Richbill displaced and John Richbill gave unto gorge wood ten akars of up- land and five akars of Meddowe in Reference to noe man at all but A free gift where gorge wood lived then and was setteled and the said John Richbill said that hee would never Dispossess him without hee sould the neke and the said gorge wood promised in so Doeing not to bee his hindrance and Mr John Richbill said that hee would make it in quanttitie and quallitie a like as that is att hors neck this I witnes that this is the truth and nothing but the truth.
Huntington may the 28th 1666.
Joseph Bayly, Reer
JOHN COLES, swoorne Before Mr JONAS WOOD
Thomas Townsen of oysterbay affermeth as aforesaid Be- fore mee John Underhill undersherif of the north Riding oysterbay 28th of June 1666
THOMAS TOWSEND.
Jos. Bayly Rec".
(Court Rec. p. 319.)
86
HUNTINGTON TOWN RECORDS.
[RECORD OF JOSEPH BAYLEY'S LAND.]
[1666, May 27.]
All the peice of Land that lyeth beelow the lote that was suttons next unto the Run off water allmost from the path or waye that goeth through the swampe which is almost straite from the Lot fence unto the Run of water and soe from thence unto the mil pond and from the Run of watter all thee hill ffrom the Lott to the mil pond untoo thee side off the first hollow that is neare against the Middell off the Lott of Mr Mils Late in the possession of goodman sutton. this peece of Land was a gift given by the towne too Jo- seph Bayly of huntington uppon the twentie seaventh Daye of Maye 1666 and Layed out by Mr Jonas wood and Thomas wilks senior.
(Court Rec. p. 322.)
[COURT RECORD. INHABITANTS OF HUNTINGTON vs. ROBERT SEELY. TITLE TO EATON'S NECK.]
[1666, Sept. 27 to 29.]
The proceedings of the Genall Court of Assizes, held at New Yorke, on the Island of Manhatans, before the Govern- or and his Councell and the justices of the peace of York- shire, upon Long Island, the 27th, 28th and 29th dayes of September and the first and 2d dayes of October, in the 18th yeare of his Majesty's Raigne, Annoq Domini 1666.
September 27th, 1666.
The Inhabitants of the Town of Huntington, Plts. Robert Ceely, Defendt. Mr. John Rider, attorney for the Plts.
Hee produces a Copy of the heads of two tryalls had at
87
HUNTINGTON TOWN RECORDS.
the Court of Sessions ; the first by way of Accord, the Second by review, by the Governors Speciall Warrt. Hee likewise putts in a Declaracon for the plts, wherein is alleged That the Person under whom the defendt, Claymes, had no Right to the land in question, comonly called Eaton's Neck, having never beene in Possession, or given any con- sideracon for it, but that the Plts Purchased the same from the true Proprietors, and paid for it.
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