USA > New York > Suffolk County > Southampton > The early history of Southampton, L. I., New York, with genealogies, 2nd ed. > Part 5
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It would appear from a comparison of the Southampton and the Connecticut records, that while the former town uniformly elected three magistrates, only two of these were accustomed to attend the General Court at Hartford as representatives of their townsmen.
*" It also appears that New Haven, or their confederates, purchased and settled Yennycock or Southold on Long Island. Mr. John Youngs, who had been a minister at Hingham, Eng- land, came over. with a considerable part of his church, and here fixed his residence. He gathered his church anew on the 21st of October, 1640, and the planters united themselves with New Haven." Trumbull's Ilist. Ct., vol. 1, p. 119. But this plantation ceased to be a dependency or a property of New Haven soon after, for (Col. Rec. of Ct., vol. 1, p. 110), at a General Court held at New Haven, October 23, 1643, this language is used: "And whereas Stamforde, Guilforde, Yennicock have upon the same foundations and ingagements entered into combination with vs," &c. There had been, therefore, at that date already, a union similar to that of Southampton with Connecticut, in 1645. Palfrey says the settlers came from Norfolk, England, and settled here October, 1640. East Hampton united with the Con- necticut colony in 1657, and Setauket was also admitted a member of the same October 6, 1658. Trumbull, ibid, p. 235.
+ Trumbull's Hist. of Conn.
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HISTORY OF SOUTHAMPTON.
The following list of these magistrates and representatives is taken from the Conn. Col. records, and from the town records of Southampton :
Magistrates, 1640 to 1646 inclusive, Edward Howell, and part of this time also, Daniel Howe and John Gosmer.
MAGISTRATES.
REPRESENTATIVES AT HARTFORD.
Edward Howell. John Gosmer.
-
1647 to 1649 inclusive.
Edward Hall. John Gosmer.
Edward Howell. Thomas Topping. John Ogden,
1650.
Edward Howell. John Gosmer, (Ct. Col. Rec.)
Edward Howell. Thomas Topping. John Ogden.
1651.
§ Edward Howell. { Thomas Topping
Jolın Gosmer. Thomas Topping. Edward Howell.
1652.
Edward Howell. Thomas Topping.
John Gosmer.
Thomas Topping. Edward Howell.
1653.
Thomas Topping, absent.
John Gosmer. Thomas Topping. Thurston Raynor. John Gosmer. Thomas Topping. John Ogden.
1655.
§ Thomas Topping. John Gosmer.
Thomas Topping.
1656.
§ Thomas Topping. John Ogden
John Gosmer. John Ogden. Thurston Raynor.
1657 and 1658.
John Gosmer. ? John Ogden.
Thomas Topping. Richard Barret. John Ogden. John Ogden.
1659.
( John Ogden. ? Thomas Topping.
Thomas Topping.
1660.
§ Thomas Topping. ? John Ogden.
Thomas Topping. Thurston Raynor. John Ogden. Richard Barret.
1661-elected October § Thomas Topping. 6, 1661. ¿ Thurston Raynor.
John Ogden. Thomas Topping.
5
1662.
§ John Ogden. Thomas Topping.
Thurston Raynor. John Howell.
1663-chosen May 1, 1663.
Thomas Topping. John Howell. Thurston Raynor.
Richard Barret.
Thomas Topping. John Howell. Thurston Raynor. 1
1664.
Thomas Halsey. John Jessup, elected April 26.
§ Edward Howell.
1654. - Absent.
. John Ogden.
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CIVIL RELATIONS.
In 1662, according to the new charter, John Howell was sent as deputy. In 1663 the deputy was Joshua Barnes, and in 1664, Thomas Halsey, Sen., and John Jessup.
In 1658 East Hampton was first represented at Hartford by Thomas Baker and John Mulford. In 1659, '60 and '61 by Thomas Baker and Robert Bond. In 1662 and '63 by Thomas Baker, and in 1664 by John Mulford and Robert Bond.
As before stated, March 12, 1664, Charles II. granted with other territory Long Island and Islands adjacent, to his brother James, Duke of York, and in the following August, New York was surrendered by the Dutch to Col. Richard Nicolls. Under the patent granted to Connecticut, November 30, 1644, that province claimed jurisdiction over Long Island. This question of boundaries was referred to Commissioners of Charles, who decided that " the Southern bounds of Connecticut is the sea," and that Long Island belonged to New York. Governor Winthrop on seeing the letters-patent to the Duke of York, informed the English on Long Island, that Connecticut had no longer any claims upon that Island.
This union with New York, however, was very unacceptable to the inhabitants of the east end of the Island. Their inter- course with the towns along the Connecticut river was frequent, and in customs, education and religion they were identical with their New England brethren. A considerable trade had grown up between the three towns on the east end and Connecticut, and the efforts of his Royal Highness' officials to divert this to New York, met with hearty remonstrance.
An extract from a report of Gov. Nicolls about 1669, in Doc. Hist. of New York, Vol. i, p. 87, will show the change effected in the government of the town by its union with New York.
" 1st. The Governor and Councell with the High Sheriffe and the Justices of the Peace in the Court of the Generall Assizes, have the Supreame Power of making, altering and abolishing any Laws in this Government [of the province of N. Y.] The County Ses- sions are held by Justices upon the Bench. Particular Town Courts by a Constable and eight Overseers. The City Court of New Yorke by a Mayor and Alderman. All causes tried by Juries." 8
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HISTORY OF SOUTHAMPTON.
A copy of the code of laws by which the government of the Province of New York was administered was sent to the town and is still in good state of preservation.
These laws are familiarly known in the history of New York as the "Duke's laws," i. e., those of James, Duke of York and Albany. They were compiled partly from the several laws in force in the the Massachusetts and Connecticut colonies, but shaped in the interest of the government by Nicolls at the court of assizes, held in New York in June, 1664, Govenor Nicolls calling a convention or assembly representing the counties of Suffolk, Queens and Westchester, ostensibly for the purpose of settling the boundaries of the towns in these counties, but chiefly to lay before them this code of laws and secure their assent to the same. This last was grudgingly given by some of the towns of the east end of Long Island, inasmuch as they were not deemed as liberal as those of New England. This assembly met at Hempstead, Feb- ruary 28, 1664-5. These laws erected Long Island, Staten Island and Westchester into a shire called Yorkshire, which was divided into three Ridings or court districts, Suffolk county being the east Riding, Kings County, Staten Island, and Newtown the west Ri- ding, and Queens County the north Riding.
The deputies to this assembly from Long Island, as given in a . Mss. book in office of the Secretary of State at Albany, marked " General Entries, " vol. 1, page 93, were as follows :
East Hampton.
( Thomas Baker, John Stratton.
Southampton.
( Thomas Topping, John Howell.
Seatalcott
Roger Barton.
Jonas Wood,
Huntington
John Ketcham.
Southold
( William Wells, John Youngs.
John Hicks,
Hempstead.
Robert Jackson.
Oyster Bay
John Underhill, Mathias Harvey.
Daniel Denton,
Jamaica
Thomas Benedict.
James Hubbard,
Gravesend.
John Bowne.
Daniel Lane,
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CIVIL RELATIONS.
Westchester
Edward Jessop, John Quimby. Richard Betts,
New Towne.
Johu Coe.
fflushing
Richard Cornhill or Cornell.
Brookland.
John Evertsen.
Bush wick
Gilbert Junis.
( John Striker,
fflatt Bush.
Hendrick Yorassen.
Elbert Elbertsen,
ffatt Lands
Roloffe Martens.
New Utrecht
S Jaques Coutilleau,
Younger ffosse.
*According to their requirement, among other things is the fol- lowing regulation in substance, which explains the appearance of a new set of officers on the Southampton town records. Eight overseers were to be chosen in each town, four for two years and four for one year, and out of the retiring overseers the constable was to be chosen. An overseer on a "sudden and necessary oc- cation" might perform the duty of constable, provided he carried with him the staff of the office. The overseers were to act as the former assessors, and with the constable (who was also collector of taxes), might enact ordinances for the welfare of the towns not of a criminal nature. Oct. 1666. The number of overseers is changed from eight to four. The town marks as given in the same code are : For East Hampton, A ; Southampton, B : South- old, C; Seatalcott, D; Huntington, E; Oyster Bay, F; Hemp- stead, G; Jamaica, H ; Flushing, I; Westchester, K; Newtown, L; Bushwick, M ; Brookland, N ; Flatbush, O ; Flatland. P ; Vtricht, Q; and Gravesend, R.
The Episode of the Dutch interregnum is interesting as it re- veals the sturdy tenacity of the Long Island people in maintain- ing their civil and religious liberty. The following documents taken from the Colonial History of New York, Docs., vol. ii, p. 583 ff, present of themselves a clear history of the events.
Pursuant to previous letters and summons appeared at the Council the Delegates from the English towns situate on Long Island, east of Oyster Bay, delivering the following in writing :
*Chalmers' Political Annals, vol. 1, p. 578. N. Y. Hist. Soc. Col., v. 2, pp. 307-397.
Elias Doughty,
Fred. Lubbertzen.
John Sealman or Seaman.
60
HISTORY OF SOUTHAMPTON.
JAMAICA, August the 14th, 1673.
" Whereas, wee, ye Inhabitants of the East Riding of Long Island, (namely, Southampton, Easthampton, South Hoold, Sea- taucok & Huntington) were sometime rightly & peaceffully joyned with Hertford jurisdiction to good satisfaction on both sides, butt about ye yeare 1664, Gennll Richard Nicolls comeing in ye name of his Maties Roijal Highnes ye Duke of Yorcke & by power subjected us to ye Governmt under wch wee have remained untill this present time, and now by turne off Gods providence, shipps off fforce belonging to ye States off Holland, have taken New Yorke ye 30th of the last month, and wee having noe In- telligence to this day ffrom or Governr: Fras Lovelace, Esquyr, off whatt hath happened or wt wee are to doe, Butt ye Gennerrall off ye said dutch fforce hath sent to us his declaration or Snm mons with a serius Commination therein contained and since wee understand bij# ye post bringing the said declaration that our Governr: is peacebly & respectfullij entertained into ye said ffort and City ; wee the Inhabitants of ye said East Ridijng or or Deputies for us att a meeting this daij doe make these or requests as ffollow :
" Imprimis, That iff wee come under ye dutch Governmt, wee desire yt wee maij retaine or Ecclesiasticall Priviledges, vizt., to Worship God according to or belieffe without anij imposition.
" 2dly. That wee maij enjoij ye small matters off goods wee possess, with or Lands according to or Purchaze of ye Natieves as it is now bounded out, without ffurther charge off confirmation.
" 3dly. That ye oath off allegiance to bee imposed may bind ns onely whyles we are under [the dutch] Governmt but yt as wee shall bee bound not to act against them, soe also not to take up armes ffor them against or owne Nation.
" 4thly. That we maij alwayes have liberty to chuse or owne officers both civil and millitarij.
" šthly. That these 5 Townes may be a corporation off them- selves to end all matters of difference between man and man, ex- cepting onely cases conserning Lijfe, Limbe and bannishment.
* The "ij " for "y " is the Dutch manner of writing, as this is a copy from the Dutch rec- ords.
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CIVIL RELATIONS.
"6thly. That noe law may be made or tax imposed uppon ye people at anij tijme but such as shall be consented to bij ye depu- ties of ye respectieve Townes.
" 7thly. That wee maij have ffree Trade wth ye nation now in Power and all others without paiing custome.
" Sthly. In everij respeet to have equall previledges wth the dutch nation.
"9thly. That there be ffree liberty graunted ve 5 townes abovesd for ye procuring from any of ye united Collonies ( : without molestation on either side ;) warpes, irons or any another neces- saries ffor ye comffortable carring on the whale designe.
"10ly. That all Bargaines, covenant & contracts of what nature soever stand in ffull fforce, as theij would have been had there bene no change of Government."
East Hampton Thomas James, 7
S Joseph Reyner,
South Hampton.
John Jessip,
Thomas Hutchinson,
South Hoold
Isacq Arnold,
Deputies.
Richard Woodhull,
Brook Haven
Andrew Miller, Isaq Platt,
Huntington.
Thomas Kid more,
The Delegates from East Hampton, Southampton, South- old, Setalcot, and Huntington, requested an andience, and enter- ing, delivered in their credentials with a writing in form of a petition : they further declared to submit themselves to the obe- dience of their High Mightinesses, the Lords States-General of the United Netherlands and his Serene Highness the Prince of Orange, etc .. Whereupon the preceding Petition having been read and taken into consideration, it was ordered as follows :
On the first point : They are allowed Freedom of Conscience in the Worship of God and Church discipline.
2d. They shall hold and possess all their goods and lawfully procured lands on condition that said land be duly recorded.
3d. Point regarding the Oath of Allegiance with liberty not to take up arms against their own nation is allowed and accorded to the petitioners.
4th Article is in like manner granted to the petitioners, to
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HISTORY OF SOUTHAMPTON.
nominate a double number for their Magistrates, from which the election shall then be made here by the Governor.
5th. It is allowed the Petitioners that the Magistrates in each town shall pronounce final judgment to the value of five pounds sterling, and the Schout with the General Court of said five towns, to the sum of twenty pounds, but over these an appeal to the Governor is reserved.
6th. In case any of the Dutch towns shall send Deputies, the same shall in like manner be allowed the petitioners.
On the 7th and Sth Articles it is ordered, that the petitioners shall be considered and treated as all other subjects of the Dutch nation and be allowed to enjoy the same privileges with them
9th Article cannot in this conjuncture of time, be allowed.
10th Article: 'Tis allowed that all the foregoing particular contracts and bargains shall stand in full force.
Why the council of Governor Colve chose thus to suub the English in these five towns in the matter of providing a few whale irons and necessary tackle for capturing the whales that happened along the coast, is inconceivable.
. The following is the oath which the Dutch government re- quired to be taken by the inhabitants of the eastern towns of Long Island.
" Oath of Fidelity.
"Wee do sware in the presents of the Almighty God, that wee shall be true and faithfull to ye high & mighty Lords ye States Gennerall of ye united Belgick Provinces and his serene high- nesse the Prince of Orange and to their Governrs here for the time being, and to ve utmost of our power to prevent all what shall be attempted against the same, but uppon all occasions to be- have ourselves as true & faithfull subjects in conscience are bound to do, provided that wee shal not be forced in armes against our owne nation, if they are sent by a Lawfull commission from his Majesty of England. Soo help us God."
This oath was refused to be taken by the men of East Hamp- ton, Southampton. Southold and Huntington, they understanding that it was to be administered to their Magistrates only, in behalf
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CIVIL RELATIONS.
of the people. Whereupon the Dutch sent a vessel to compel the people to take it in October, 1673.
The commissioners came from New York in the frigate " Zee- hond," arrived at Southold, and called a meeting of the inhabit- ants to take the oath of allegiance to the Dutch Goverment. The flag of the Prince of Orange was brought in and displayed. Failing in their attempts to force the oath upon the Southold people, they resolved to break up the assembly and depart. An extract from the frigate's Journal affords an interesting item :
" On leaving the place, some inhabitants of Southampton were present ; among the rest one John Cooper who told Mr. Steen- wyck, to take care and not appear with that thing at Southamp- ton, which he more than once repeated : for the Commissioners, agreeably to their commission, had intended to go thither next morning. Whereupon Mr. Steenwyck asked what he meant by that word thing, to which said John Cooper replied, the Prince's Flag : then Mr. Steenwyck inquired of John Cooper if he said so of himself or on the authority of the Inhabitants of Southampton. He answered, Rest satisfied that I warn you, and take care that you come not with that Flag within range of shot of our village."
They did not visit South and East Hampton fearing they would "do more harm than good." The commissioners, on their return to New York, reported that the inhabitants of these towns " ex- hibited an utter aversion thereto, making use of gross insolence, threats, &c., so that the commissioners were obliged to return their object unaccomplished."
Doubtless this was a very sorry report for the countrymen of Van Tromp to be compelled to give of their ill-success in redne- ing these truculent Puritans to subjection, and it might have been expected - the idea of treating these people as subdued rebels and subjects of executive clemency was simply ridiculous. Governor Winthrop did all in his power to help the Long Island people in this difficulty.
In the month of August of this year, 1673, previous to the visit of the " Zeehond," the Southampton people addressed a let- ter to the New England colonies, setting forth the demand of the Dutch to surrender to the arms of the Prince of Orange, and
64
HISTORY OF SOUTHAMPTON.
their deplorable situation, and the necessity through their weak- ness, to submit to these demands, this declaration serving to re- move any odium attaching to their sudden and unwished for change of allegiance. On the receipt of this John Winthrop, Major of the Connecticut militia, was sent with such force as could be spared in a vessel to Southold, to assist the Long Island people. * February 25, 1673-4, Major Winthrop writes from Southold of a spirited engagement between his forces and the " Snow," a Dutch ship, with one ketch and two sloops, who first summoned the town of Southold to surrender. Upon this Major Winthrop in command replied :
" SIR : I am here appointed by the authority of his Majesty's colony of Connecticutt, to secure these people, in obe- dience to his Majesty and by God's assistance I hope to give a good account thereof, and you may assure yourself that I will re- ceive you in the same condition as a person that disturbs his Majestys subjects."
Captain John Howell, with forty soldiers from Southampton, and twenty from East Hampton, came promptly at the summons of Major Winthrop for assistance, and took part in this engage- ment. The Dutch withdrew their forces and the last that was seen of them the vessels were on their return passage through "Plumme Gutt."
But their High Mightinesses were soon compelled to surrender a second time the province of New York to the English crown. It was in July, 1673, that Captain Manning, commander of Fort James, in the absence of Governor Lovelace, made the surrender of New York to the Dutch, and November 10, 1674, the Dutch Governor Colve again surrendered it to Edmund Andros, in be- half of the King of England. Thus closes the history of the civil changes of the town down to the war of the revolution.
Here it may be proper to relate one incident that grew out of the English repossession of New York, illustrating the high and mighty way persons in authority in those days were apt to deal with their subjects. As soon as the new Governor, Andros, was firmly in his seat at New York, to increase his revenues he turns
* Winthrop Papers, Mass. Hist. Coll., 3 s. vol. 10, p. 92.
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CIVIL RELATIONS.
on the Long Islanders and demands that the three easternmost towns shall take out new patents for their lands from himself. In response they unite in sending him the following letter, found on record in the State archives at Albany, Council Minutes, vol. 3, pt. 2, p. 7.
" To his Honour Edmund Andros, Esq., Governor of New York :
" The humble returne to your letters (directed unto us, the subscribed) by order and advice of the three eastermost towns on Long Island.
"May it please your Honor Being informed by yor Hon's Let- ter of November 5th, that the Much desired reestablishment of his Matys Authority at New Yorke to the dispossessing tht Insulting forraiguer, is at length accomplished, by yr Hon"> Happy arrival, the which we heartily congratulate, and seeing by virtue of yor Hon's Receipt of tht place & Government in behalf of his Maty from the Dutch, demand is made of these three Towns in Re- establishing the Constable & Overseers, which were in place of trust amongst us when the Dutch came to Fort James in July 1673, with all due Respect to yr HonT be pleased to understand tht although Fort James was not faithfully kept for his Maty but unmanlike delivered to his and our Enimyes, whereupon the poor naked unheeded people of severall Townes were forced to sub- jeet unto or suffer the fury of the Dutch, yet his Matys Loyall Sub- jects in these three Townes, putting their lives in their hands, with expence of great part of their poor Estates to his Matys ser- vice, back'd with the undenyable Demontration of of (now) asso- ciate Cordyall Affection, or very loving Neighbours of his Matys Colony of Connecticott, Succeeded by the blessing of almighty God they never were in the Power of the Dutch, either to be Challenged as conquered by them, or to bee delivered to y. Hon" now, or Instrumental Saviours haveing in our Extremity not only Protected us, also Governed us, Establishing and Commissionate- ing officers here, both Civill and Military. To whom also we are engaged by the Oath of God, and formerly by Patent privi- ledge, by his Matys Expresse Graunte, wee cannot either in civil- ity or in faithfullnesse doe more or less without application to these his Matys substitutes that were so ready to take us up when his Royall Highnesse Lieutenant had left us miserable without either Aide or Couneell, Starre or Compasse to be vassulaged, would we have suffered orselves (as they) to have been luft out of our Loyalty, Priviledge and Substance by an Insulting Enimy, but wee would not be too Tedious, which might abuse
9
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HISTORY OF SOUTHAMPTON.
yor Hon's patience. Praying alway for ye health and happynesse of our Gracious Soveraigne, his most Excellent Majesty of Great Britaine, desiring yor Hon's compleat Felicity in your enjoyment. Which is all at present from yor Hon's very humble Servants.
JOHN MULFORD, JOHN HOWELL, JOHN YOUNGS.
SOUTHOLD, November ye 18th, Anº 1674.
" Hereupon ye Governor desired the advice of ye aforenamed Persons [the members of his Council] what Course was best to be taken for ye effectual asserting and settling his Matys and Roll Highnesse Authority in these three Towns, pursuant to his Matys Letters Pattents, & his Royall Highnesse Commission then pro- duced, authorizing him thereunto.
"It was unnanimously advised : That the Governor should with all Expedicon dispatch an Expresse with reiterated orders to ye said Towns, for the Admission and resettling of ye Constables and Overseers in their places forthwith as directed in the former Orders, and for default to be declared rebells and prosecuted ac- cordingly.
"That ye Governor by ye same Expresse send an Order com- manding John Mulford, John Howell and John Young, who signed ye said Letter forthwith to make their personall appear- ance before him at New Yorke, to give an account of ye said Let- ter, and make answer to wht may be objected against them. The which if they do not do presently Obey to be declared Rebells, and proceeded against accordingly ; as also all others within this Government who may or shall presume to abett or assist them in such Rebellious practices agst his Matys and Royall Highness Au- thority, to incurre the like penalty. All which, after mature de- liberation, was resolved on and accordingly ordered by the Gov- ernor."
So far the Minutes of Council. In desiring to engage in the business of reissuing patents, Governor Andros, and after him Governor Dongan, only did on a small scale what their sovereigns had been doing and did all the time- that is, to issue to com- pany after company of applicants, or to some royal relative or fa-
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CIVIL RELATIONS.
vorite, patents for the same land over and over again. Thus the charter of Connecticut gave to that colony the land west of the Connecticut river to the present boundary of New York ; and the charter of New York, given in 1664, grants to that colony the · tract of land eastward to the Connecticut river. So long as the golden stream continued to flow into the royal revenues, however, it mattered little to the monarch how his subjects in distant America settled their disputes growing out of these conflicting grants. Doubtless Charles the Second looked upon it all as a good joke. However, to complete this episode in the history of the three towns, we may add, they were compelled to obey the Governor's mandate and take out new patents. And soon after, to answer the many charges against him of malfeasance of office, their lofty master was himself put under arrest and sent back to England, and another reigned in his stead.
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