USA > New York > Queens County > Newtown > The annals of Newtown, in Queens County, New York; containing its history from its first settlement, together with many interesting facts concerning the adjacent towns; > Part 10
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1 The following account of these adventures was written by Mr. Jones at the desire of his friend Dr. Lloyd, of Pennsylvania, and was afterwards published in England in the Gentleman's Magazine for 1740, and Owen's British Remains ; also in Rivington's N. Y. Gazette of October 25th, 1777.
These presents may certify all persons whatsoever, that, in the year 1669, I being then an inhabitant in Virginia, and Chaplain to Major General Ben- net, Sir William Berkeley sent two ships to search the place which then was called the Port Royal, but now South Carolina, which is sixty leagues to the southward of Cape Fair ; and I was sent with them to be their minister. Upon the 8th day of April we set out from Virginia, and arrived at the har- bor's mouth of Port Royal the 19th of the same month, where we waited for the rest of the fleet that was to come from Barbadoes and Bermuda with one Mr. West, who was to be deputy governor of the said place. As soon as the fleet came in, the small vessels that were with us went up the river to a place called the Oyster Point, for we durst not go up with the great ships because of the bar of sand that was before the harbor's mouth. After we were seated, I stayed there between seven and eight months, till the 10th of November following; at which time being almost starved for want of provi-
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The ministry of Mr. Jones at Newtown had continued one year, when trouble arose respecting the collection of his salary. This originated in a disrelish of the established law of the province, which, while securing to each town the privi- lege of choosing its own minister by a major vote, enjoined upon every inhabitant to contribute his proportion of the salary agreed upon between the minister and the town autho- rities. Many regarded this law as unjust, and not without reason. Here were individuals differing widely in their reli- gious creeds, and yet required so far to compromise their dif- ferences as to help sustain a clergyman whose preaching a portion could attend only with violence to their consciences. Others again, not understanding English, could derive little profit from a service in that tongue.
Some, therefore, refused to pay the minister's tax, "as they were rated according to their possessions ;" and against these Mr. Jones, who had now left the town, having accepted a call from Staten Island, preferred a complaint through the consta-
sions, I and five more took our flight from thence, and travelled through the wilderness till we came to the Tuscarora country, where the Tuscarora In- dians took us prisoners, because we told them we were bound for Roanoke, for they then had wars with the English at Roanoke ; and they carried us into their town that night and shut us in a house by ourselves, and the next day held a machcomoco, which, after it was over, their interpreter came to us, and told us that we must fit ourselves to die next morning. Whereupon being some- thing cast down, and speaking to this effect in the British tongue, " Have I escaped so many dangers, and must I now be knocked on the head like a dog ?" an Indian came to me, who afterwards appeared to be a war-captain belonging to the Sachem of the Doegs, (whose original I found must needs be from the Welsh,) and took me up and told me, in the British tongue, I should not die ; and thereupon went to the Emperor of the Tuscaroras, and agreed for my ransom and the men that were with me, and paid it the next day. Afterwards they carried us to their town, and entertained us civilly for four months; and I did converse with them of many things in the British tongue, and did preach to them three times a week in the British tongue, and they would usually confer with me about any thing that was difficult to them ; and when we came from them, they showed themselves very civil and courteous to us. They are seated upon Pantigo river, not far from Cape Atros. This is a recital of my travels among the Doeg Indians.
MORGAN JONES,
The son of John Jones, of Basleg,
near Newport, in Monmouthshire.
New-York, March 10, 1685-6.
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ble of Newtown, to the court of sessions, which court directed that the law be duly enforced against the delinquents.
The call for a system of free contribution for the sup- port of the ministry now became urgent, and the inhabitants assembled in town meeting December 17th, 1681, to consider this matter. The result did credit to their judgment, for by " a general vote" they declared in favor of sustaining the mi- nistry by "a free-will offering, what every man will give." This forms a point of interest in the progress of liberal senti- ments in this town, and the future arrangements with their clergymen were made upon the above basis.
Several minor events of this date may be briefly noticed. At the town meeting above mentioned, Justice Betts and three other citizens were appointed "to examine concerning the town's rights and business, and see that there be an orderly record kept." And persons having " any writing that concerns any of the town's affairs " were requested immediately to hand in the same to Content Titus, the constable. On July 26th preceding, the "South Fresh Meadows " were allotted to twenty-four persons "concerned in those meadows," most of them being present. In August, 1682, an election of consta- ble took place, pursuant to an order of the court of sessions, directing " Brooklyn and Newtown to make a new choice ac- cording to law." During this year measures were taken to survey and estimate all the inhabitants' lands, to ascertain whether they had more or less than their due quantity. In ear- lier days the work of laying out land had often been loosely per- formed, both for want of skill in surveying, and because of the superabundance of territory. But by the increase of inhabitants the soil had now acquired a greater value, and it became im- portant to observe more precision in this matter, and to correct as far as possible the mistakes of former years. The growth of the town, in population, in flocks and herds, &c. is exhi- bited by a census taken the next year, 1683, from which it ap- pears that it then contained 90 male heads of families; 1563 acres of land in occupation ; 109 horses ; 28 colts between one and four years old; 107 oxen; 340 cows; 360 young cattle between one and four years; 464 sheep; and 100 swine. This shows commendable progress in the thirty or forty years which had intervened since the country was a wilderness.
CHAPTER VI.
The people intent on political freedom .- Petition to the Duke of York .- A General Assembly convened .- Adopt a Charter of Liberties .- Legislative changes .- Town government remodelled .- Commissioners' Court erected .- Offices of Supervisor and Assessor instituted .- Rev. Mr. Jones returns to Newtown .- Efforts to settle the ontbounds .- Gov. Dongan proposes to grant a new charter .- Revival of the boundary dispute .- The Governor and Council confirm the arbitration of 1672 .- Newtown dissents .- The Governor offers to confirm their old patent .- It is agreed to .- Dongan's patent to Newtown .- It fixes the tenure of their lands, and secures the Purchasers' rights .- Tuder's patent .- The Rev. Mr. Jones leaves the town .- Settlement with him .- His character .- Troubles with Flat- bush about limits .- Allotment of land along the south bounds .- Political discord in the province .- Dread of Popery .- News of the revolution in England .- Capt. Jacob Leisler seizes the fort at New-York .- Newtown sympathizes with the Leislerians .- Help garrison the fort .- Committee of Safety chosen .- Sa- muel Edsall a member .- Leisler made Commander-in-chief .- Newtown elects new civil and military officers .- Leisler becomes Lieutenant-governor .- Mr. Ed- sall made one of his Council .- Newtown militia divided into two companies .- New officers chosen .- Burning of Schenectady .- Militia ordered from Queen's county to reinforce the Albanians .- Leisler's authority resisted .- Troops march against the rebels in Queen's county .- Proclamation issued at Newtown .- Re- bels forced to fly .- Violent excitement among them .- They state their case to the King's secretary .- They prevail .- Arrival of Gov. Sloughter .- Execution of Leisler and Milborne .- Mr. Edsall and others imprisoned, but escape with their lives .- Permanency given to the Provincial Government .- Royal patents confirmed .- Surveyors of Highways originated. 1683 to 1691.
The province of New-York had long suffered grievances of a very serious character, arising from the undue authority vested in the chief magistrate of the colony, and the popular feeling upon this subject now exhibited itself in the form of a petition to the Duke of York, asking for such a modification of the government as would secure to the people a share in public legislation. His Royal Highness prudently assented, and Col. Thomas Dongan arrived at New-York in August, 1683, with a governor's commission and special instructions to convene a popular legislative assembly.
The founders of Newtown brought with them to the wilds of America the essence of democracy. Deeply imbued with a spirit of independence, we behold them constantly struggling to inhale a purer liberty than the political atmosphere of either the Dutch or English administrations afforded. It was with
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no ordinary sensations of delight therefore that they received the warrant of the high sheriff, dated Sept. 29th, authorizing them to join in electing deputies to the proposed assembly. The freeholders met on Oct. 1st, and appointed Capt. Richard Betts, Samuel Moore, Robert Blackwell, and Jonathan Hazard, to go to Gravesend the next day, and unite with committees from the several towns of the riding, in the choice of dele- gates to the said assembly, which was to convene at New- York on the 17th of the same month.
The meeting of this legislature, which consisted of the governor and council, and seventeen members chosen by the people, marked an era of the triumph of popular rights in this colony of no mean estimate. Its transcendent act was the adoption of a "charter of liberties," which provided for the holding of a general assembly triennially, at least; the mem- bers of which (Queen's county being entitled to two) were to be chosen by the major vote of the freeholders, so understood by the laws of England; which body, with the concurrence of the governor and council, was to enact all public laws, and without its consent no tax, tallage, assessment, custom, loan, benevolence or imposition whatever, could be levied on any of his Majesty's subjects in the province. It moreover conced- ed in all cases the right of fair trial by a jury of twelve, and in addition to other wholesome specifications, provided that no person professing faith in God by Jesus Christ, should be in any way molested or called in question for any difference in opinion or matter of religious concernment, who did not actually disturb the civil peace of the province.
Other changes which were thought necessary to the welfare of the country were instituted. The ridings were abolished, and the province divided into counties, Newtown being in- cluded in Queen's county, which still remains as then orga- nized. In these, full provision was made for sustaining the demands of justice; the court of sessions was to meet twice a year, and the court of oyer and terminer annually. And in each town a primitive tribunal entitled the commissioners' court, was ordered to be held on the first Wednesday in every month, "for the hearing and determining of small causes, and cases of debt and trespass, to the value of forty shillings or under ;" taking the place of the overseers' court. The form
ANNALS OF NEWTOWN. 105
of town government was further modified by the introduction of the office of assessor, and supervisor; the latter to have the supervision of the public affairs and expenditures of the town. Of these, two of each continued to be annually chosen in New- town for some years after. The laws establishing these offices and the court of commissioners was passed on Nov. 1st.
On the publication of these laws, the people of Newtown testified their high gratification by seasonable measures to carry them into effect. On Jan. 15th, 1684, they elected Jonathan Hazard, Gershom Moore, and Samuel Moore, " com- missioners, to sit as a town court, to try all causes of diffe- rence between man and man, as shall come before them." Two days after, the commissioners appeared before Justice Elias Doughty, and took the oath of office, at which time also, Theophilus Phillips was chosen clerk of the court and mar- shal.1 By a law passed Nov. 4th, 1685, the jurisdiction of this court was extended to causes of £5, or under, and to be in force seven years and no longer, but before the expiration of this period, the court of commissioners had ceased to exist.
In the meantime the Rev. Jones having for a year " honest- performed his part " at Staten Island, had met with the same discouragements there which he experienced at Newtown. The French and Dutch inhabitants were averse to paying a minister whose language they could not understand. Some of them, as a pretext for non-payment, even tried to impugn Mr. Jones' character. They declared him a man of "ill-life and conver- sation." But this was rebutted by Justice Stillwell on behalf of the English. He had never heard of it; Mr. Jones had been recommended by Sir Edmund Andross, and a majority
1 Theophilus Phillips had two brothers, Joseph and Daniel, residing in Newtown, and a sister who married Capt. Henry Mayle of the Island of Nevis, and afterwards of this town. They are supposed to have been grand- children of the Rev. George Phillips, first minister of Watertown, Mass. Mr. Phillips, first named, filled various public stations, and was town clerk for twelve years prior to his death, on Jan. 26th, 1689. He was a highly useful man. He was thrice married, and by his first wife, Anna, daughter of Ralph Hunt, had three sons, to wit, Theophilus, born May 15th, 1673 ; William, born June 28th, 1676, who in 1698 became a freeman of New-York; and Philip, born Dec. 27th, 1678, who, with Theophilus, removed to what is now Lawrence township, in Mercer county, New Jersey, of which place their descendants are now among the most respectable inhabitants.
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of the people were satisfied with him. The court of sessions was appealed to, and ordered his salary to be collected. He now returned to Newtown, and agreed to accept "a free-will offering" for his services. On February 28th, 1684, the town resolved "that Mr. Morgan Jones shall be schoolmaster of our town, and will teach on the Sabbath day those that will come to hear him, allowing him for exercising on the Sabbath day what every man will please."
Meanwhile, though much had been effected through the industry of the inhabitants, towards the appropriation and improvement of their lands, about nine-tenths of the town- ship yet lay in common, and unproductive. Attention was directed to the outbounds adjoining the several Dutch towns, and particularly to "the land lying next to Bushwick and Bedford," as far south as the hills; their claim to which they yet maintained, on the ground of their "purchase and patent." The most direct way to secure this valuable land seemed to be to place it under cultivation ; and the purchasers met on March 3d, 1684, and resolved to allow any of the inhabitants to locate there who were willing to do so. Several gentle- men, namely, Mr. Doughty, Edward and Thomas Stevenson, Samuel Moore, Richard Betts, Jun. and Jeremiah Burroughs, were appointed " to look out for a place of settlement towards the outside of our bounds, next the Dutch," on the succeeding day. Four days after, the purchasers allotted twenty acres of land apiece to eight of their townsmen who were making pre- parations to settle upon the hills, adjoining the Dutch, on con- dition that they should make immediate improvement. And on the same date it was concluded to make another general division of land, in quantity half as much as the last dividend, or at the rate of one acre to a shilling purchase right.
It was while the purchasers were putting forth efforts to promote the actual occupation of their outbounds, that they received an order from the council-chamber at New-York, re- quiring them to bring in their patent and Indian deeds, on the 21st of April, for examination preparatory to granting them a new charter; an object which Gov. Dongan, by virtue of royal instructions, proposed to effect in respect to all the towns, for the purpose of definitely fixing the amount of an- nual render, or quit rent, to be paid the government in acknow-
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ledgment for their lands. A revival of the dispute respecting their boundaries being now inevitable, the purchasers appoint- ed ninc of their number to sustain their rights, by legal pro- cess, or otherwise, against the neighboring towns, which was scarcely done when the council issued its order to the inhabi- tants of Newtown, Bushwick, and Brooklyn, severally to delegate a committee of three, to effect an agreement as to the limits and bounds of their several townships, and to make a report thereon. Newtown, on April 23d, appointed their committee, with full power to act, and also "to dispute our case as to the premises before the honorable governor and council, if need require;" while another committee was chosen to wait upon Gov. Dongan, and confer respecting "the con- firmation of our patent to us and our heirs for ever." It is almost needless to remark that the interview of the three com- mittees found them widely at issue upon the subject of their boundaries, the Newtown men stoutly urging their right to all the land covered by their Indian deed, and confirmed to them by Gov. Nicoll's patent, which was of a prior date to those of both Brooklyn and Bushwick. Upon report of their difference to the governor, his excellency directed them to produce their evidences before the council, on April 28th, which was done ; and that body, after a consideration of the whole question, with the decisions of the several English governors, was pleased to approve the arbitration made in 1672. Disappointed with the issue of this investigation, Newtown dropped the subject of their new charter until the following year, when an inter- view was had with the governor, in the month of November, with reference to the confirmation of their patent, and the amount of quit rent to be stipulated. But again the matter of boundaries could not be evaded. The governor proposed (deputies from Bushwick and Brooklyn being also present) to grant a special commission to the judges to try the case before a jury half of Dutch and half English, Capt. J. Van Cortlandt to be foreman; but the men from Bushwick declared themselves unauthorized to accept the proposition.
No settlement of this vexed question being likely to occur, whereby the issuing of patents to the towns interested was stayed, and the government deprived of the emolument which attended the granting of these instruments ; the council, at a
1
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subsequent meeting, with a view to evade the controversy, and by consent of deputies from the said two towns, ordered that the patents to Newtown and Bushwick should be drawn after the manner of their old patents, and dated the same day.
It was about the beginning of the new year, 1686, when Newtown received a draft of the proposed confirmatory char- ter. On inspection it was found to require amendment, and it was not till the month of September following that the inha- bitants were fully agreed on the verbal construction of the in- strument. Their improved draft being allowed by the gover- nor and council, the new charter, engrossed on parchment, and having the governor's signature and the impress of the pro- vincial seal, was soon after received, and read as follows :
THOMAS DONGAN, Captain-General, Governor and Vice-Admiral of New- York and its dependencies, under his Majesty James the Second, by the grace of God, of England, Scotland, France and Ireland, King, Defender of the Faith, Supreme Lord and Proprietor of the colony and province of New- York and its dependencies in America, &c. To all to whom these Presents shall come, greeting : WHEREAS the Honorable Richard Nicoll, Esq. formerly governor of this province, upon application to him made by the inhabitants of Newtown, on Long Island, in the year of our Lord sixteen hundred sixty-six, did grant unto them a liberty or licence under his hand, bearing date the three and twentieth day of June, in the same year, therein authoriz- ing and empowering them to make what purchase they should think fit of the lands situate between Mespat Kills and the head of Flushing creek, on Long Island, aforesaid, and which tract of land the said inhabitants long be- fore had been and then were settling and improving; AND WHEREAS the inhabitants of Newtown, in pursuance of the said licence, in the same year, did, in due form of law, purchase of an'd from the Indian natives all the said tract of land situate between Mespat Kills and Flushing creek aforesaid, to- gether with all and singular the appurtenances to the same belonging or in any wise appertaining, to hold unto the said inhabitants of Newtown, their heirs and assigns for ever, as in and by the said recited licence, and a certain deed or writing under the hand and seal of Pomwaukon, the Indian owner of the said traet of land and premises, bearing date the 9th day of July, in the said year of our Lord, sixteen hundred sixty-six ; AND WHEREAS the said Richard Nicoll, upon farther application made to him by the said inhabi- tants of Newtown, in consideration of the premises, and for divers other good causes and valuable considerations, by virtue of the power and authority in him then being by force of his commission from and under his said Majes- ty, then his Royal Highness James, Duke of York and Albany, &c. did, in and by a certain patent under his hand and seal, 'bearing date the sixth day of March, sixteen hundred sixty-six, grant and assure to Capt. Richard
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Betts, Capt. Thomas Lawrence, Capt. John Coe, John Burroughes, Ralph Hunt, Daniel Whitehead, and Burger Joost, as patentees for and on the be- half of themselves and their associates, the freeholders and inhabitants of Newtown aforesaid, their heirs, successors and assigns, all that the said tract of land herein mentioned to have been purchased from the Indian na- tives as aforesaid, bounded on the east by Flushing creek and a line to be drawn from the head thereof due south, extending to the south side of the hills ; on the north by the Sound; on the west by the said Mespat creek or kills, and a line to be drawn from the most westerly branch thereof due south, extending unto the south side of the said hills; and on the south by a straight line to be drawn from the south point of the said west line, alongst the south side of the said hills, until it meets with the said east line fore- mentioned to extend from the head of Flushing creek as aforesaid, as also all that one third part of a certain neck of meadow called Seller Neck, situate, lying and being within the bounds of Jamaica, upon the south side of Long Island, as also liberty to cut what timber within the bounds of Jamaica afore- said they should have occasion for, for the fencing of the said neck, and to make and lay out to themselves what highway or highways they should think fit, for their free and convenient egress and regress, to or from the aforesaid neck or parcel of meadow, together with all and singular the havens, har- bors, creeks, quarries, woods, meadows, pastures, marshes, waters, rivers, lakes, fishing, hawking, hunting, and fowling, profits, commodities, emolu- ments, hereditaments, and appurtenances to the said tract of land and pre- mises belonging or in anywise appertaining; TO HOLD unto the said paten- tees and their associates, their heirs, successors, and assigns for ever, at and under such duties and acknowledgments as then were or thereafter should be established by the laws of this government under the obedience of his Royal Highness, his heirs and successors; and further, in and by the said pa- tent the said Richard Nicoll did ratify, confirm and grant unto the said paten- tees, their associates, their heirs, successors and assigns, all the privileges belonging to any town within this government; and that the place of their habitation continue and retain the name of Newtown, by which name and style to be distinguished and known in all bargains, sales, deeds, records, and writings whatsoever, as in and by the said patent remaining upon record, re- lation being thereunto had, may more fully and at large appear; AND WHEREAS the said patentees and the present freeholders and inhabitants of the said town of Newtown, hereafter named, have, according to the custom and practice of this province, made several divisions, allotments, distinct set- tlements and improvements of several pieces and parcels of the above recited tract of land within the limits above recited, at their own proper cost and charge; AND WHEREAS the present inhabitants and freeholders have made application unto me by William Lawrence, Joseph Sackett, John Way, and Content Titus, persons deputed by them, for a more full and ample confir- mation of the above said tract or parcel of land and premises contained in the aforesaid patent ; Now, for a confirmation unto the present freeholders and inhabitants of the said town of Newtown, their heirs and assigns, in the quiet and peaceble possession and enjoyment of the aforesaid tract of land
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