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 7
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sight of the constable or by present information from others. He could command the help and assistance of any other per- son upon a penalty for their refusal; and could, without war- rant, if the case was urgent, search any house or place suspected to be the receptacle of stolen goods, or the person of an offender. It was his business, where cases of debt or trespass under five pounds arose between neighbors, to nominate two indifferent persons as arbitrators He was to collect all fines and amerce- ments, and distrain for rates where they were refused to be paid. He, with the concurrence of two overseers, was to satisfy every person, either Christian or Indian, for the killing of wolves, to the value of an Indian coat for each wolf, to be paid out of the public rate; evidence being produced that the animal was killed on Long Island, and not elsewhere; and the constable and overseers were to cause the heads to be nailed over the door of the constable, there to remain, as also to cut off both the ears, in token that the head was bought and paid for. The constable was authorized to "furnish the Indians with such quantity of powder and shot as may be thought necessary for their killing of wolves, and provisions; and also may permit them to have their guns mended." 1
Actuated by a very proper desire to become acquainted with the laws by which they were in future to be governed, the people of Newtown, at their next meeting, held on March 15th, 1665, for the election of town officers, resolved to provide themselves with a "law book." This code instituted regula- tions for the embodiment and discipline of the militia, equally minute and curious, and which will be noticed hereafter. In keeping therewith, Gov. Nicoll, on the 21st of April, issued commissions to the officers of Newtown, constituting Thomas Lawrence, captain, Ralph Hunt, lieutenant, and Gershom Moore, ensign.
Part of the advantage anticipated from the interest secured in the meadows at the south side of the island, was the privi- lege of driving thither the swine of the village, where in com- mon herds they might roam upon the beach, and subsist on the shell-fish that it afforded; while the corn-fields would thus
1 " A wolf killed by Peter, the Indian, the 9th of June, 1667." Newtown Records, A. 71.
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be preserved from their depredations, which " in regard their fences were defective," had hitherto proved a great annoyance, and the cause of much litigation in the town court. Accord- ingly, "about the beginning of harvest," Caleb and Eleazar Leverich, with others of the inhabitants, drove their hogs thither, but those of William Blomfield, one of the company, could not be found at the time appointed, but were finally dis- covered in the corn of Francis Kitfield, employing themselves most assiduously. On inspection, it was found that the fence opposite Kitfield's corn " was no fence, but boughs and rotten sticks," yet it was supposed "that it might have kept out such swine that had not a taste of the corn." Damages were laid by Kitfield, at ten bushels of peas, and recovered.
Similar events, which tended to set neighbors at variance, induced the overseers to adopt a set of rules "for the well- subsisting of the town concerning fences, fields, and highways," which, being approved by the court of assize, Sept. 12th, 1665, were entered upon the records of the town court. They provided that all fences of common fields should be kept up and in repair constantly, in winter as well as in summer ; and all other fences to be set up and completed by the first of March, yearly. Any person found guilty of letting down any bars or fence, or setting open any gate to the damage of his neighbor, should repair damages, and be punished or fined at the discretion of the court. Trees felled upon the highway were to be removed within forty-eight hours; and owners of lots were to stub and clear the highway in front of their land to the width of cight rods, or where there were lots on both sides, to the middle of the street, "for a highway both for carts and cattle to pass." This was to be done by the last of April, in default of which, others were to be hired to do it at the expense of those so negligent.
In the meantime, some progress having been made in the settlement of the Indian reservation, the inhabitants, in 1666, prepared to effect the purchase of this land from the Indians. At their desire, Capt. Richard Betts went to New-York, on June 23d, and obtained the governor's licence for this purpose, and sixteen days after, the purchase deed was executed, and acknowledged by the chiefs before the governor, and head men of Newtown, and the Indian title to the territory extinguished
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for the sum of seventy-six pounds, nine shillings. The deed was as follows :-
: KNOW ALL MEN by these Presents, that We, Rowerowesteo and Pom- waukon, do acknowledge and confess that we have firmly and jointly sold, alienated and made over all our lands from us, our heirs, executors, admi- nistrators and assigns, to the inhabitants of Newtowne, alias Middelburg, to them and their heirs for ever, as their own proper and free land or lands, im- munities, appurtenances, privileges and all whatsoever did unto the afore Sachems or Indians belong : from a small creek called by the Indians Cana- paukah, where Burger's mill stands; from thence, going upon a straight line north-eastward to a certain creek called Sackhickneyah, where Wessel's mill stood: so bounded by the Bay side till it come to the mouth of Flushing creek, so commonly called : so running towards the south-east bounded by the creek side, till it extends itself to the south side of the hills upon the line : from thence running upon the line westward by the south side of the hills, till it meet with the south line which is extended from the west branch of Mespat Kills, called Quandoequareous, by a Dutchman's land, called Hans, the Boore: from thence to the mouth of Mespat Kills, by the Indians so called : these aforesaid bounds or tract of land with all the appurtenances thereunto belonging, we, the aforesaid Indians have sold in the year one thousand, six hundred, fifty and six, unto the aforesaid inhabitants : only we reserved the privilege of a certain part of upland lying on the south side of the aforesaid town, for our use for hunting, and sold them only the grass for mowing and feed and timber, and have really and fully sold them and theirs for ever the feeding, mowing and timber of the foresaid land; and were firmly bound and engaged in our bill of sale, never to sell or dispose of the said privileges which we had there reserved, to any other but to the inhabitants of Newtowne :- therefore, we the said Indians, according to our words and obligations, do here by these presents manifest ourselves to have received full satisfaction of the foresaid inhabitants, for the privileges we then reserved in the foresaid tract of land, and do really and absolutely give them and their heirs for ever, as full right and title to all the privileges of the said tract of land, as we can or may of any of our lands that we have or shall sell : denying ourselves of any interest therein, or any claims of any other whatso- ever of all the lands, appurtenances or privileges within the said bounds, we say, we have really sold as aforesaid to the inhabitants of Newtowne, as their own proper free lands: we say from us, our heirs, to them, their heirs, for- ever. Whereunto we have set to our hands, this 9th of July, 1666, and in the 12th year of his Majesty's reign,
POMWAUKON, X his mark. ROWEROWESTCO, X his mark.
.
Signed, sealed, in the presence of us, JOHN POUNDS, JOHN NAPPER, ARMOREHERN, X his mark. CHAWESCOME, X his mark.
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Recived of the inhabitants of Newtowne, full satisfaction for all the fore- said lands which herein is specified, we say received by us the 9th of July, 1666, the sum of fifty-five pounds for the first payment ; the second and last payment, now paid, twenty-one pounds, nine shillings.
POMWAUKON × his mark. ROWEROWESTCO X his mark.
Recorded in the office of New-York, the 13th of July, 1666, by me, MATTHIAS NICOLL, Secretary.1
Careful inquiry as to what tribe these chicfs belonged has resulted in a reasonable probability that they, as well as those who sold Hellgate Neck to William Hallett, were of the Ca- narsee tribe, a clan of reputed power, whose jurisdiction extended over the whole of King's county, the islands in Hellgate, and says Ocallaghan, some part of Newtown.
The extinction of the Indian title to the soil forms an inte- resting epoch in the history of the town. The red man was no longer able to withstand the advance of civilization; the country began to wear marks of human thrift that made it uncongenial with his ideas of wild solitude and savage life ; his hunting-grounds invaded, the deer and the beaver driven from their haunts, he must needs seek for himself a new home in the unbroken forests. It is probable that the most of them vacated the town at about the period of their last sale to the whites, though there is evidence that scattering ones re- mained for a number of years later, some of whom had their wigwams at Mespat Kills. But the memory of these has long since perished. Occasionally an exhumed relic reminds us that they once lived. The rude implements which they used in the pursuits of peace and the prosecution of war, are the only existing mementoes of the red men of Newtown. These consist chiefly of stone axes and arrowheads, and arrows of reed. The late Judge Furman, of Maspeth, had a handsome collection of them, procured in that neighborhood. Upon the property of Mr. Jackson, at the Poor Bowery, was an exten- sive deposit of burnt shells, the remains of their clam-roasts, from which Mr. Fish, former proprietor of the farm, is known to have carted scores if not hundreds of loads, to fertilize his land : and on the property of Mr. Kouwenhoven, adjoining,
1 Sec'y of State's Office, Albany, Deeds ii. 135; also entered in New- town Records, ii. 261.
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there formerly existed a burial place, where, in numbers, the remains of the red men sleep their last sleep, though every outward appearance of a sepulchre for the dead is now oblite- rated.
Having thus extinguished the Indian title to all their lands, and received a full acquittal from the natives, the inhabitants the succeeding autumn, proceeded to secure the governor's letters patent for the township.1 On the 6th of October, they appointed Thomas Lawrence, Ralph Hunt, and John Burroughes to get a draft of the bounds of the town,2 and obtain a patent, pro- mising to bear the expense according to their respective free- hold. On March 1st, 1667, the inhabitants made choice of several trusty citizens to be named as patentees in behalf of the whole town, and the same month the gentlemen entrusted with the business obtained the following instrument under the governor's signet.
RICHARD NICOLL, Esq., Governor-General under his Royal Highness James, Duke of York and Albany, and of all his Territories in America; To all to whom these presents shall come, sendeth greeting : WHEREAS, there is a certain town in the West Riding of Yorkshire, upon Long Island, situated and lying on the north-west of the said island, commonly called and known by the name of New Towne, now in the tenure or occupation of several freeholders and inhabitants, who having heretofore made lawful purchase of . the lands thereunto belonging, have likewise manured and improved a con- siderable part thereof, and settled a competent number of families thereupon ; Now for a confirmation unto the said freeholders and inhabitants in their ell- joyment and possession of the premises, KNOW YE, that by virtue of the commission and authority given unto me by his Royal Highness, I have ratified, and confirmed, and granted, and by these presents do ratify, confirm, and grant unto Capt. Richard Betts, Justice of the peace, Capt. Thomas Lawrence, Capt. John Coe, John Burroughes, Ralph Hunt, Daniel White- head, and Burger Joost, as patentees for and on the behalf of themselves and their associates, the freeholders and inhabitants of the said town, their heirs, successors and assigns, all that tract of land which already hath been, or that hereafter shall be purchased for and on the behalf of the said town, whether from the native Indian proprietors, or otherwise, within the bounds and limits hereafter set forth and exprest, vizt .- That is to say, to be bounded east by Flushing creek ; north by the Sound; south by Jamaica line, which runs on
1 For a list of the freeholders at this period, see Appendix G.
2 An original draft of Newtown, drawn by John Burroughes, is extant, and is supposed to be the one referred to in the text. It is rudely drawn, and embraces plans of Seller and Plunder's Neck. The localities, Dominie's Hook, Hallett's Cove and Hewlett's Island are also noted.
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the south side of the hills; and west by Mespat Creek or Kills; from the westermost branch thereof to extend upon a south line to the south side of the hills ; from whence to run eastward along the said south side of the hills till it meet with the south line, which comes from the head of Flushing creek aforementioned; all which said tract of land within the bounds and limits aforesaid, and all or any plantation thereupon, from henceforth are to belong and appurtain to the said town; together with all havens, harbors, creeks, waters, rivers, lakes, fishing, hawking, hunting, and fowling, and all other profits, commodities, emoluments, hereditaments to the said land and premi- ses within the limits and bounds aforementioned and described, belonging or in any wise appurtaining ; and also one-third part of a certain neck of meadow ground called Seller Neck, as it is now laid out and described, lying within the limits of Jamaica, and to have free egress and regress, with liberty of entting and felling of timber or trees for fencing, and as occasion serves, to make one or more highways through the upland belonging to Jamaica aforesaid, to pass to their said meadow at Seller Neck, or any other meadow to them appertaining at the south ; TO HAVE AND TO HOLD all and singular the said lands, hereditaments and premises, with their and every of their appur- tenances, and of every part and parcel thereof, to the said patentees and their associates, their heirs, successors and assigns, to the proper use and behoof of the said patentees and their associates, their heirs, successors and assigns, for ever; Moreover, I do hereby ratify, confirm and grant unto the said pa- tentees and their associates, their heirs, successors and assigns, all the privi- leges of a town in this government, and that the place of their present habi- tation shall continue and retain the name of New Towne, by which name and title it shall be distinguished in all bargains and sales, deeds, records and writings ; the said patentees and their associates, their heirs, successors and assigns, rendering and paying such duties and acknowledgments as now or hereafter shall be constituted and established by the laws of this government, under the obedience of his Royal Highness, his heirs and successors. Given under my hand and scal, at Fort James, in New-York, on the Island of Man- hattans, the 6th day of March, in the 19th year of the reign of our sovereign lord Charles the Second, by the grace of God, of England, Scotland, France and Ireland King, Defender of the Faith, and in the year of our Lord God, 1666. [1667 New Style.]
RICHARD NICOLL. [SEAL.]
This spring also witnessed the payment of a debt due Ja- maica for the third of-Seller Neck, a receipt for which was obtained and deposited with the town records. Cotemporary with this, a partition of the said neck was effected by the three towns to which it belonged, and on the 3d of July following, the people of Newtown made an allotment of their portion to such of their number as were interested therein.
Pursuant to a decision of the Hempstead assembly, passed
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March 4th, 1665, the town-house had been surrendered to Mrs. Doughty, as relict of the Rev. John Moore, and the return of the Rev. William Leverich to Huntington, at about the same time, had left the township destitute of stated ministerial services, a state of things deeply regretted by the pious portion of the community. A militia drill was at hand, and on May 29th, 1667, the merry beat of the drum called the inhabitants to muster for parade, each equipped with musket or match- lock, and bandoleers after the fashion of those times. These occasions, in Newtown, partook somewhat of the gravity that marked their occurrence in New England, where they were begun and ended with public prayer. Thus a "training day," then devoid the revelry that now characterizes it, was not an unbefitting occasion to discuss religious affairs. Indeed this preparation for their temporal security seemed to call to mind their souls' danger, while destitute of a spiritual leader. The subject was introduced, and resulted in the passage of a reso- lution to have a minister if they could procure one. But in the infancy of our country, preachers of the gospel were scarce, and not easily obtained, and whatever means were taken in the above instance, to carry out the wish of the people, failed, and they were left for about two years dependent upon such wholesome instruction as the pious fathers of the village were enabled to impart as they assembled in social meeting for praise and prayer. And when we consider that their piety had its birth in an age of trial, and was nurtured in the lap of persecution, it is not marvellous that in this wilderness home, even under adverse circumstances, the flame of Christian de- votion should continue to animate them, and exhibit itself in their efforts to secure the means of grace for themselves and offspring. May their descendants prize their religious privi- leges not the less.
Having alluded to one of their martial exercises, it may be well in this connection to take a glance at their military system. The inhabitants were organized into a single company, under a captain, lieutenant and ensign, which officers were elected by the company and commissioned by the governor. They were required to be "persons of best quality, such as are most complaisant to their men, of great courage to all virtuous actions, and only fearful of infamy."
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All male persons above the age of sixteen, except certain judicial and professional characters, including the minister, constable, and schoolmaster, were required to do military duty four days in the year at the company drill, and once at the general training of the riding. Each was required to provide himself with " a good serviceable gunn, allowed sufficient by his military officer, to be kept in constant readiness for present service, with a good sword, bandoleers, or horne, a worme, a scowerer, a priming wire, shot bag, and charger ; one pound of good powder, four pounds of pistol bullets, or twenty-four bullets fitted to the gunn, four fathom of serviceable match for match-lock gunn, or four good flints fitted for a fire-lock gunn." At their trainings they were "instructed in the comely handling and ready use of their armes, in all postures of warre, to understand and attend all words of command." In addition to this was the service of " watching and warding, when they are thereunto required and warned by their officers," this spe- cies of service being called for by the peculiar dangers and alarms to which, as the inhabitants of a new country, they were exposed.
Such, briefly, was the military service in Newtown at that early day, as enjoined by the laws of the province, for default of which fines were levied by the civil officers of the town, and applied to furnishing the company with halberds, or battle-axes, drums, and colors. Disorderly conduct upon parade, or upon watch or ward, was punishable by the com- missioned officers of the company, by "stocks, riding wooden horse, or other military punishments ;" or they could turn the offender over to the civil authority. On one occasion, a com- plaint being made by Thomas Roberts against Henry Jansen for breaking a drum, the town court pronounced this curious verdict: "The judgment of the court is that the defendant shall procure another drum rim as good as that was before it was broken; and for his contempt for not appearing, that he pay all costs of court, and six shillings to Lieut. Moore and Thomas Roberts, for fixing another drum."
During the present and the succeeding year, the settlers seem to have given increased attention to the cultivation and improvement of their lands. This summer eleven landholders, on the north side of the village, enclosed their premises in a
6
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single field, in which they raised their usual crops. By this neighborly arrangement they seeured great economy of labor in the construction of fences ; but as much depended upon the faithfulness with which each performed his part of the work, a formal agreement was first made, signed and recorded, by which each person was required to set up and maintain his share of the fenee, under a penalty for neglect. Their agree- ment is dated Jan. 4, 1666-7, and undersigned by John Bur- roughes, Francis Doughty, Ralph Hunt, John Lauronson, James Lauronson, John Stevenson, Daniel Bloomfield, Richard Osborn, John Reeder, Jonathan Hazard, and John Moore.1
The main articles of produce to which the farmers of New- town gave their attention at this period, were wheat, peas, rye, Indian corn, and tobacco, the last being a staple commodity. Attention had also been given to the culture of fruit trees, and luxuriant orchards of apples, pears, and peaches, began to repay the toil of the husbandman, and to yield quite as abun- dantly as the orehards of Europe, whenee these productions had been imported by the settlers .?
Plans being laid, the succeeding winter, by some of the inhabitants, for the occupation of more land, the town thought it expedient to resolve, in public meeting, Jan. 31st, 1668, "that whosoever shall now or hereafter take up land shall not build anywhere but on their homelots, without the town's consent." This measure was evidently designed to prevent the settlement
1 On Dec. 10th, 1667, the town court authorized Richard Owen to impound the eattle, &c. that should be found in the common field, and to receive for his services 12 pence cach for horses, 6 pence a head for neat cattle, and for swine 4 pence a piece. The following is an imperfect list of pound-keepers in Newtown village from that date up to the Revolution :- Henry Sawtell, appointed July 6th, 1669; Gershom Hazard, May 5th, 1699; Benjamin Se- verens, Feb. 4th, 1711, whose widow kept it after his death; Capt. Samuel Fish, Jr. April 6th, 1742 till 1757; James Wood, April 5th, 1757; Samuel Fish, Jr. April 4th, 1758, till 1767; Abraham Rapelye, 3d, April 5th, 1768; Abraham Riker, Jr. April 4th, 1769; Samuel Morrell, April 3d, 1770; - Bloodgood, April 2d, 1771 ; Samuel Wainwright, April 7th, 1772 till 1782; Elizabeth Wainwright, April 1st, 1783.
? The far-famed Newtown Pippin, which, " when perfectly matured, is con- sidered by some the finest apple in our country," was first cultivated in an orchard near Newtown village by one of the Moore family. Last winter they sold in England at 5 cents each, or $20 a barrel, wholesale.
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from becoming scattered, that the inhabitants might be in a situation for united action in any case of emergency ; and it was probably suggested by an alarming fire that occurred about this time on the premises of Ralph Hunt, the constable, by which his dwelling, barn, out-houses, and all his effects were consumed, together with a quantity of cormthint had been col. lected of the inhabitants as public rates. The discharge of a gun was understood to be the signal of alarm when danger was near, and a fine of ten shillings was declared against any one who should shoot off a gun after sunset, except for the above object. The frequent taking up of land, rendered it necessary to appoint permanent surveyors, and at the before- named meeting, on January 1st, Ralph Hunt, Daniel White- head and John Burroughes were chosen to this office, and their fees were established at two pence an acre. The spring brought with it employment for these gentlemen. On the 23d of April a highway was laid out, running "about north-west and south-east," through Hempstead Swamp, and apportionments of woodland on either side of the way were made to Thomas Morrell, Gershom Moore, Henry Sawtell, Richard Fidoe, Tho- mas Pettit, Nathaniel Pettit, each ten acres, and to Jonathan Strickland six acres. Thus are we introduced to several of. the earliest landholders in this section of the township, then a dense wilderness, but now including some of the best farms within the limits of the town.
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