USA > New York > Suffolk County > Babylon > Huntington Town records, including Babylon, Long Island, N.Y., Volume I, 1653-1688 > Part 7
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To prove their declaracon severall deposicons were read in court-vizt., one of Mary, the wife of Samll. Davis, who affirmeth ; That if Mr. Eaton had any Right to the Land it was only by Guift ; and yt Mr. Eaton resigned the Guift of the said Land to the Indyans.
Mr. Jones, the Sonne in Law to Mr. Eaton ; his letter is also produced wherein hee Confesses the uncertainty of his title.
The Plt's deed was shewen and read, bearing date iu or about the last day of July, 1656, wch is a great uncertainty in a deed, besides there are no Christian Testimonyes to it.
The Deposicon of Richard Smith, of Nesaquack, but excepted agst hee being concerned.
The Deposicons of Henry Jackson, John Cole, George Baldwin, John ffinch, as also the Testimonyes of Thomas Weekes, Thomas Scudder, John ffinch, Joseph Whetnam and others, with the like of Thomas Scudamore and others, were read in behalfe of the Plts.
Mr. Sharp, attorney for the Defendt.
Hee puts in an Answer declaring That ye Plts have al- ready had two Legall Tryalls upon the same acct, and had been overthrowne in both, yet the Plts continue their vexatious Suites agst the Defendts in Appealing to the Court of Assizes agst all Law and Equity.
The Attorney for the Defendt delivers into ye Court a writing, wherein severall Indyans acknowledge the Land in controversy was freely given to Mr. Theophilus Eaton. It is witnessed by foure Christians.
88
HUNTINGTON TOWN RECORDS.
The PIts object that the witnesses deny their hands, but Samuell Titus, who is one of them, acknowledges his hand- writing, but Saith that hee was surprized, & that there was no good Interpreter betweene them.
A Deed is read in Court, wherein Theophilus Eaton, the Sonne of Theophilus Eaton, to whom the Guift was made, resignes all his Interest to his ffather's Lands in New En- gland unto his sister, who is Marryed.to Mr. Jones. It's dated March ye 28th, 1659.
Mr. Jones, his Bill of Sale of Eaton's Neck to Robert Seely, for the consideracon of 5olb. Sterling, is also read ; it beares date the 22d of December, 1664.
To prove the Land did belong to Mr. Eaton the Deposi- cons of these Persons following were read-vizt. Samll. Edsalls, John Dickensons, Nicholas Wright, Anthony Wright, Thomas Benedict and Daniel Whitehead, Together with the Testimony of Capt. Thomas Willett, given in Court by word of Mouth.
The Court after having at large heard the matter in controversy, debated on both parts, thought fitt to make this following Order and Decree-vizt. :
At the Genall Court of Assizes &c.
The inhabitants of the Town of Huntington, Plts. Robert Seely, Defendt.
The Court doth Decree that the two former Verdicts given in by the jurges at the Courts of Sessions, in the East Riding of Yorkshire upon Long Island, do stand good, and that the Land in question, called Eaton's Neck, bee adjudg- cd to ye Defendt. That the Plts do pay or cause to bee paid the Sume of ten pounds to the Person or Persons who received the Damage, in having their ffence pluckt up by them. And that the PIts do also pay or cause to bee paid the Sume of tenn pounds more to the Defendt for the damage hee hath Susteined by them. And likewise that they Pay the Costs of Court and Charges.
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89
HUNTINGTON TOWN RECORDS.
By order of the Governor and Court of Assizes,* Matth. Nicolls, Secty.
STATE OF NEW YORK, OFFICE OF THE SECRETARY OF THE BOARD OF RE- SS.
GENTS OF THE UNIVERSITY.
I, David Murray, Secretary of the Board of Regents of the State of New York, do hereby certify that the forego- ing is a correct and true copy of the procedings of the Court of Assizes of the Province of New York, in the matter between the Town of Huntington and Robert See- ly, as recorded on pages 55 to 58 in book "Court of Assizes 2, 1665-1672," on file in the State Library, and of the whole thereof.
Witness my hand and the seal of said Board of Regents this 18th day of April, 1882.
DAVID MURRAY, Secretary.
(File Eaton's Neck papers C.)
[TOWN MEETING.]
[1666, Oct. 17.]
October 17. 1666
Voted and agreed, this day and year above said by the major part of the inhabitants of this town of Huntington that no inhabitant, whether proprietor or renter, shall sell let or set any of their lands of commonage or meadow in any
[*The inhabitants of Eaton's Neck having been successful In establishing their title to that neck under the Theophilus Eaton purchase by three successive suits with Huntington, the result was acquiesced in and Huntington never gave any grants or deeds or other conveyance of land in any part of that neck, though for all jurisdictional purposes of town government it seems to have been regarded as within the town .- C. R. S.]
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HUNTINGTON TOWN RECORDS.
part or parcel of that land lying Eastward or Northward from Cow harbor to any person or persons that are or shall be proprietors of the neck called Stony Neck or Balding's Neck ; and whomsoever shall act or do contrary to this order shall forfit ten pounds sterling for every hundred pound commonage, upon demand, to the constable and townsmen .*
[Copied, from the original in Court Records p , in the Revision of the Records in the year 1873.]
(Town Meetings Voi. 1, p. 9.)
[CONFERENCE BETWEEN HUNTINGTON MEN AND THE MESSEPEGUE SACHEM CONCERNING SOUTH NECK.]
[No date. Between 1664 and 1667.]
The afermation of John Ketcham, Thomas Brush and Thomas powell being sent by the Inhabitants of hunting- ton with an Indian called Chickeno too The south mead- owes according to the order of the generall asembly at hempsted. When wee came to the south to our meadows wee went ovar too neckes to our naybours who had called massapeege Indians About the number of twentie, whoe opoased us about the space of an ower and would not suf- fer the Indian too goe and shew us the marked tree, then wee shewed the sachem the writing to which hee had set his hand which was our acquitance and yet hee would not suffer the Indian to goe, when wee see nothing would pre- vaile, wee tooke our leave of them and said wee should
[*This prohibition against inhabitants of Eaton's Neck grew out of the bitter feeling engendered by the previous litigation between Robert Seeley and George Baldwin on the one part and the people of Huntington on the other .- C. R. S.]
91
HUNTINGTON TOWN RECORDS.
carry backe this anser to them that sent us: but they not willing that wee should, tooke up the matter as wee did ap- prihend, spake to the Indians whoe after gave leave to the Indian who was Chickemo to goe and shew us the tree, many off massapauge Indians went with us. Thomas Brush went before and not taking notise off the tree went past it then a massapauge Indian called him backe and shewed him the trec before Chickenoe came neare it. when Chickenoe came to the tree hee said that was the tree hee marked, as his master Commanded him. Massapauge sachem said by his Interpriter that hee told muntaulke sachem that hee was grived at his hart that hee had sould that necke upon which then wee was, but muntalket sachem tould him that it was sould and it could not bee hoped and therefore bid him goe and Receve his paye and soe hee said hee did : and alsoe massapauge sachem owned his Land and that hee had Receved the goods :
Recorded in the office at New Yorke the 2ª day of November 1667. Matthias Nicolls, Secr. (File No. 13.)
[CHICKINOE'S AFFIRMATION CONCERNING THE SOUTH NECKS.]
[1665, Oct. 7.] 7: Oct. 1665.
The day and yeare above said, wee undersubscribed, be- ing in Huntington where Chickinoe came and Instified the matter following in relation to ye reference or order made at Hympsted Generall meeting, touchinge three necks of meadowe wh. Huntington had formerly purchased of Muntaukatt Saichem, and he informs true properiety as also
92
HUNTINGTON TOWN RECORDS.
in responsion to Oyster Bay inhabitants, who lay a claime to part of the said three Necks, saying thare are fouer necks & one thereof belongs to them, the said Chickinoe now did playnely and cleerly demenstrate before us that the Tree he first marked by his Master Muntakett Sachems order, and hath a second tyme denied according to order, is noe other but that weh ought justly to be owned by him and so marked as aforesaid, and comprehends only Hun- tingtons just Purchase of three Necks of Medow and in truth is three necks of medowe & not four according to the present relation of Chickinoe,*
THOS. TOPPING WILL WELLS.
(File No. 19.)
[THE NICHOLLS PATENT TO HUNTINGTON.]
[1666, Nov. 30.]
The People of the State of New York, by the Grace of God, Free and Independent : To all to whom these pres- ents shall come, Greeting : Know ye, that we, having in- spected the records remaining in our Secretary's office, do find therein Book of Pattents, No. 1, page 99, certain Let- ters patent recorded in the words and figures following to wit:
A Patent granted unto the Inhabitants of Huntington, Richard Nicolls, Esq., Governor Generall under his Royall Highness, the Duke of Yorke and Albany, etc., of all his territories in America.
To all to whom these pr'ts shall come, sendeth Greeting:
[*This, in connection with the action of the Governor and Council at Hempstead the year before, closed the controversy with Oysterbay about the three hecks .- C. R. S.]
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93
HUNTINGTON TOWN RECORDS.
whereas there is a certain Town within this Government commonly called and known by the name of Huntington ; situate and being in Long Island, now in the tenure or occupation of several Freeholders and Inhabitants there residing, who having heretofore made laufull purchase of the lands thercunto belonging, have likewise manured and improved a considerable part thereof and settled a compe- tent number of familyes thereupon. Now, for a confirma- tion unto the said Freeholdr's and Inhabitants in their en- joym't and possession of the premises, know ye that by virtue of ye commission and authority unto me given by his Royal Highness, I have ratified, confirmed and grant- ed, and by these pr'sts do hereby ratify, confirm and grant unto Jonas Wood, William Leveredge, Robert Sccly, John Ketcham, Thomas Scudmore, Isaac Platt, Thomas Joanes, and Thomas Weeks, in the behalfe of them-selvs and their associates, the Freeholders and inhabitants of the s'd Towne, their heires, successors and assigns, all y" land that already have beene or hereafter shall bee purchased for and in the behalfe of the Towne of Huntington, either from the natives, proprietors or others within the limitts and bounds herein exprest, (vizt) That is to say ; from a certaine river or crecke on the West com'only called by the Indyans by the name of Nackaqnatok and by the Eng- lish the Cold spring, to stretch eastward to Nasaquack River ; on the North to bee bounded by the Sound run- ning betwixt Long Island and the Mainc ; and on ye South by ye sea, including there nine several necks of Meadow Ground, all which tract of land together with the s'd necks thereunto belonging, within the bounds, limitts aforesaid, and all or any plantacon thereupon are to belong to the said Towne of Huntington, as also all Havens, Har- bors, Creekes, Quarryes, Woodland, Meadows, Pasturcs, Marshes, Lakes, Fishing, Hawking, Hunting and Fowling and all other profitts, commodetyes, Emolum'ts and Her- iditam'ts to the said land and premises within limitts and
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HUNTINGTON TOWN RECORDS.
bounds aforementioned, described, belonging, or in any wise appertaining, to have and to hold the said Lands and Necks of lands Hereditam'ts and premises with their and every of their appurtenances, and of every part, part and parcell thereof to the said patentees and their associates, to the proper use and behoofs of the said patentees and their associates, their Heirs, Successors and assigns for- ever and I do likewise hereby confirme and Grant unto the said Patentees and their associates, their Heires, suc- cessors and assigns all the privileges belonging to a Towne within this Governm't, and that the place of their present Habitacon shall continue and retaine the name of Hunting- ton by which name it shall be distinguist and knowne in all Bargains and sales, deeds, records and writings. They, the said patentees, and their associates, their Heirs, suc- cessors and assigns rendering and paying such dutyes and acknowledgem'ts as now are or hereafter shall be consti- tuted and establist by the Laws of this Colony under the obedience of his Royall Highness, his heirs and successors.
Given under my hand and seale at Fort James in New York, the 30th day of November, in the 18th year of his Majesties reign and in the year of our Lord, 1666 .*
RICHARD NICOLLS.
[*This is in many respects the most important paper held by the town. It embodies all the qualities of a grant, a patent, and a charter, and is the basis upon which all title to lands and all local government as a township rested under the gov- ernment of Great Britain. Though comparatively brief, it contained all the essentials necessary to enable the people to maintain title and carry on a town government. The two subsequent patents only amplify the powers, and rights here granted, vest the title in Trustees and change, somewhat, the boundaries. In effect it would seem to have swept away all private ownership in undivided and unoccupied lands or com- mons founded on Indian deeds, and to have vested such lands in the town, as a public, municipal corporation; but whether it was so construed at the time or not, the rights of the first purchasers from the Indians still continued to be recognized, as divisions continued to be made at town meetings, based on such
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95
HUNTINGTON TOWN RECORDS.
All which we have exemplified by these presents. In testimony whereof we have caused these, our Letters, to be made patent, and the Great Seal of our said State to be hereunto affixed. Witness our trusty and well-beloved George Clinton, Esquire, Governor of our said State,
exclusive purchases and the holders of these ancient rights, continued to assert them, and they descended from father to son and were bought and sold for more than a hundred years after this and subsequent patents were granted.
The Indian title, which the people here had then acquired, in part was nothing more than occupation for fishing and hunting, or, as Aaron Burr decided many years afterwards, a mere " right of earbage." The settlers, it is true, had for some thirteen years occupied lands and made divisions and conveyed to and from each other on this flimsy Indian title, without the special authority of any sovereignty, but it was a precarious title, liable to be challenged at any time and always open to the question whether the consent of the " right owner " had been obtained. This grant of Gov. Nicholls at once vested in the town of Huntington, as a political corporation, the full title held by the sovereignty of England, subject to the condition that the consent of the Indians be first obtained. There was a wide extent of territory in the middle of the town, far back from the shore, which the town had not then acquired, but the grant provided that upon the purchase of these lands of the Indians the title should rest in the town, and it was finally all purchased of the Indians. The grant was made to certain individuals named " in the behalf of themselves and their associates, the Freeholders and inhabitants of the said town, their heirs, successors and assigns." This was clearly a grant to the town, in behalf of all the people, the commonalty as well as the freeholders. How- ever it cost something to procure the patent and procure the " Earbage right " of the Indians, and those who contributed for the purpose were held to be entitled to receive a proportion of the lands corresponding with the amount they had thus
contributed. For this purpose a whole purchase was estimated at a given value and "hundred pounds rights " were given, or fractional parts of such rights, and were held from generation to generation, as representing a definite share in the common land, the title to which still continued in the town. Probably the persons who held these certificates or records of "rights " in undivided lands held no legal title whatever, the legal title being in the town or its trustees, but they had an equitable right to claim of the town a deed or conveyance to them of their
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HUNTINGTON TOWN RECORDS.
General and commander-in-chief of all the Militia, and Admiral of the Navy of the same at our city of New York this twelfth day of September, in the year of our Lord one thousand seven hundred and ninety-three, and in the eighteenth year of our Independence.
[L. S.]
(File No. 69)
GEO. CLINTON.
[TOWN MEETING.]
[1667, Jan. 24.]
At a Towne Meeting January the 24th 1667, it was voated and Agreed by and with the Consent of the towne that
proportionate share. If they obtained such a deed, very well ; but if they never procured such a conveyance they would have no legal title. Down to as late as the beginning of the present century the descendants and assigns of these holders of " hun- dred pound rights " in the old or first purchase, in the eastern purchase and other purchases, seemed to claim a legal title as tenants in common of the common lands in the town, and through committees made sales in some cases-some small and some great ; but it is difficult to see how they gave any legal title, unless such conveyances were afterwards ratified by the town or its trustees. The lands under tide water in the town were acquired under this grant of Gov. Nicholls in the same way as the uplands and, except what has been sold, constitute the remains of the town's commons, and these old " hundred pound right " claims adhered to such lands under water as well as to uplands, but as the claims are now so widely distributed among the descendants of the early holders, and their precar- ious nature has become better understood in the light of decisions of the courts in this State, there seems to be no disposition to further assert them, and the legal title is admitted on all hands to be in the town trustees.
These observations only refer to common lands, or those which had not been duly alienated at the time this grant was made. It did not disturb grants made at town meetings to individuals prior to its date. On the contrary it confirmed such titles, and under the Duke's laws, then in force, four years of quiet possession, immediately before Sept. 1, 1665, was declared to give good, fee simple title .- C. R. S.]
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97
HUNTINGTON TOWN RECORDS.
Content Tytus* shall have that lott that was formerly given to John Ketcham it beeing a too hundred pound alotment, too acars of medow on the little neck and the rest on the west neck.
All above is entered in the new Book A. page 35.
(Town Meetings. Vol. 1, p. 13.
[TOWN MEETING.]
[1667, Jan. 24.]
January the 24 1667.
it is agreed that what land is found usfull for tilling at the end of Jonathan Rogers swampe henry sooper may take up not prejudising any watering or highway.
it is alsoe agreed that Nathaniell foster shall take up 4 akere of land neare to the Long swamp at the up side of Tredwells plaine.
Nathaniell foster have layd Downe that four acare.
(Town Meetings, Vol. 1, p. 12.)
[TOWN MEETING.]
[1667, Jan. 29,]
January the 29th 67.
it was agreed by and with ye consent of the townesmen Mark Megs shall have the swamp below the mill Dam to
[*Content Titus and his brothers Abial, John, Samuel, Henry and Edward, whose names often appear in the records, were sons of Robert and Hannah Titus, who came from near Stan- stead Abbey, England, to New England in the " Hopewell " in 1635. I think they all came here by the way of Stamford, Conn. They probably went there from Wethersfield, Mass., with the Rev. Mr. Denton and came with him subsequently to Hempstead and Newtown, where their names appear at an early period .- C. R. S.]
98
HUNTINGTON TOWN RECORDS.
Jonathan Rogers so it-pevided hee grind for the towne for twelfe part of the bushell wheat and Indian he clearing it in som convenient time.
(Town Meetings, Tol. 1, p. 29 )
[DEED. SAMUEL DAVIS TO JOHN FINCH.]
[1667, March 23.]
This writing testifieth that I Samuell Davis now off fairefeild have sould to John finch of huntington on home lot in huntington uppon Long eiland containing six acars more or les Bounded on the south by the Land of henry whitson on the north with the land that was Trusteram hodges with all the privilidges and devidents Booth of up- land and Meddow there unto Belonging that I the saide Davis hath sould for a valiable Consideracon all redye paide and Doe binde my selfe heires and assignes to ffree it from all Bargons sales Morgidges executions or Incum- brances whatsoever only the said ffinch is to cleare any Damadge Whitson hath sustained since it was the said Davis and alsoc to cleare all Rates that is unpaide since that time in witnes whereof I set too my hand this 23th of March 1667.
the marke of
Witnes
SAMUELL X DAVIS
CORNELIUS IIULL STEPHEN JARVIS
This is A true Coppie of the Deede p mee
Joseph Bayly Rec
(Court Rec. p. 311.)
99
HUNTINGTON TOWN RECORDS.
[TOWN MEETING.]
[1667, April 2.]
1667 at a towne meeting Aprell the second given Mr Jonas wood 12 acars of Land on the littell necke against Cow harbor by a towne voet as allsoe 8 acars of Meddow on a neck called santipauge the on half too Mr Jonas wood the other halfe to thomas seniors as alsoe fower acars ly- ing on the easter most side of the said neck the on halfe to Isack platt and the other halfe to henry whitson p mee.
Joseph Baiely, Rec™ (Court Rec. p. 322, & T. Meetings Vol. 1, p. 15.)
[DEED. JOHN MATTHEWSTOTHOMASWEEKS.]
[1667, May I.]
Know all men by these p'sents that I John Mathews of hun- tington uppon Long eiland victular have from mee my heires executors administrators and assignes Bargoned sould and made over unto thomas weeks sent off hunting- ton afowr said all my Rite title and Intrest that I have in a too hundred pound Lot that I the said John Mathews Late purchased of John Lum off fairefeild sittuate and Lying in huntington afore said the Lot of the widow Rogers on the south side, the frunt east towards the Run of water the north side the high waye the Reere next to a hundred pound Lot that the said Mathews lives in together with all Lands priviledges Accomindacons profits and Revenues thereto belongiug or accureing therefrom except halfe of a hollow that was John Lums lying on the west side of tredwels playne which I the said Mathews doth Reserve for mine owne use and allsoe fower akars of Medow that
100
HUNTINGTON TOWN RECORDS.
is uppon a necke of medow on the south side of the Iland called by the name off siases necke which I doe Reserve in the Roome of that fower akers that lyeth on the estermost neck of Land now purchased of the bounds of huntington which fower akers or A hundred pound Lotment of medow I the said Mathews sell alinate and Make over unto the said weekes and his sucksessors els all Lands Medows and Accommidasons and privilidges I the aforesaid John Math- ews Doe by these p'sents sell alinate and estrainge from mee my heires executors administrators and assignes all my Rite title and Intrest that I had in that to hundred pound Lot that I purchased of John Lum or ought to have by any waye cr Meanes of that purchas I Doe Make over unto the afore said thomas weekes his heires executors administrators and assignes To have and to hould for ever, further I doe by these p'sents ingadge my selfe and my assignes to Save harmeles the afore said weekes and his assignes from any parson or parsons whatsoever whoo maye or shall Laye any Clayme or title thereto or any part or parsell thereof except Before excepted to the Indemni- fing the said weekes or his sucksessors in his or thaire quiet possession of the aforesaid Lands Medows or any part or parsell thereof and all the said Lands to bee free from Rates from the begining of the world untill the Daye of the Date further more I the above said John Mathewes for my selfe my heeres and assignes doth ingadge that if any part or parsell of my fine that is Due to Lum to bee paid yearly at fairefeild that is to saye fifteene pounds to bee paid in five yeares by equall proportion yearely beginning 1668 the on and thirtie of march if any part or parsell bee Lefte unpaid that the Lots should bec forfited to John Lum as is spesified in the bill of sale of the said Mathews that the above said thomas weekes should bee Damnified that then it shall bee Lawfull for the said thomas weekes to enter seaes poses and Injoye all the said mathews now liveth in and every part and parsell thereof without Let or hindrance
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IOI .
HUNTINGTON TOWN RECORDS.
of him the said mathewes his heires or assignes in witnes whereof I have here unto set my hand this first Daye of maye in the yeare of our Lord 1667. the marke of
signed aud ddl. JOHNX MATHEWS
in the p'sents of
JOSEPH BAYLY
JOHN KETCHAM. . (Court Rec. p. 315.)
[DEED. WILLIAM LUDLAM TO MARK MEGGS.] [1667, June 13.]
know all men by these p'sents that I William Ludlam of the towne off huntington within the cast Riding husban man have and by these p'sents doe sell assigne allinate and make over ffrom mee my heirs executors, administrators or assigns all my Right in and unto my mill# att huntington Bought of Mr will Leverich of huntington aforesaid with all the Right there unto Belonging or that heareafter may belonge or appertaine and all preveledges what soever unto marke meggs off oyster Baye his heires executors adminis- trs or assignes for ever Really to have hould ocupie and Injoye without any ffraude troble emison or molestation
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