The commission makes clear that the constable had been hindered in the exercise of his duties by "some ill affected p[er]sons" who "did riotously Affront and Assault him, and wounded others who came to his Assistance, And withall, then and there (as also at severall other Times,) have given out and used evill words and speeches, tending to the derogat[i]on of his Ma.ties Authority, and against the Peace of this Government". The witnesses were Andrew Davis [signed by mark] and Joseph Lee, and the acknowledgement on 24 July 1688 was before John Palmer, Justice of the Peace & Quorum Comitt.
A Court of Sessions, held at Southold (Brookhaven Records, 1.109) on 2-4 June 1669, repeats the same story and the Governor, Council, and Court now levied a fine of ££50 through the sale or the estates, any residue to be returned for the relief of the families. No Barton deeds for this area have been found in Westchester records and it is probable that, if extant, they lie hidden in some Connecticut archive. The commission makes clear that the constable had been hindered in the exercise of his duties by "some ill affected p[er]sons" who "did riotously Affront and Assault him, and wounded others who came to his Assistance, And withall, then and there (as also at severall other Times,) have given out and used evill words and speeches, tending to the derogat[i]on of his Ma.ties Authority, and against the Peace of this Government". Henricus Selyns, minister of that church which now was ultimately to gain title to the unsold part of the Manor of Fordham.
ROGER BARTON'S 1688 DEED/WIL This was the situation, then, when on 28 June 1688 Roger Barton made the deed which serves as his will, acknowledged before the court on 24 July 1688 as his own instrument and recorded on 25 July 1688 by Joseph Lee, Register, in Westchester Deeds, Liber A, p. 271 f. Though a deed, as has been said, it has all the earmarks of a will, references to religion, to the "perfitt memory" of the grantor etc., and it provides a life interest for the wife. A, pp. "And Imeadiately after her decease to be Eaqually shared betweene Noah Barton, Enoch Barton, and Joseph Barton and if any of the three should depart this naturall Life before that time before Exprest then to be Equally devided betweene the Survivers, Any of them to whom the house and Orchard doe happen to be their shaire is to pay yearely and Every yeare to the Treasurer of the Towne of Westchester one Bushell of Winter Wheat it being for Quitt Rent for the whole Tract I hold of the Towne of Westchester aforesaid". A curious statement, that! The official proclamation outlawing the two men indicates that they, "being Conscious of their guilt, and apprehensive of the Punishmt their crimes may deserve", had "withdrawne themselves from their Habitations" and "are fled away".
As has been stated, Mr. Melick claims on the basis of the records now preserved in the Archives of the Collegiate Church of the City of New York, that Barton's bond was still unsatisfied on 30 Oct. 1688 (op. . Mr. Voge has pointed out that though, except for an early connection with Connecticut, Roger Barton himself does not exhibit strong Puritan characteristics, the names of several of his sons do (Elisha, Elijah, Noah, and Enoch) and it may be that Mary Barton was of Puritan stock. The will does mention Mary but without reference to her being married or not, and it is known from the will of John Haddam of Westchester (Pelletreau, Westchester Wills, p. 391), probated in 1700, that Mary Lounsbury was the wife in 1700 of Israel Rogers. Richard Ponton, Joseph Palmer, John Hunt, and William Barnesj ordered by the Town of Westchester to visit "Spittin Debell" for the purpose of their meeting Philip Wells, a surveyor, who was to make a survey of the disputed lands (Melick, op.
On 28 June, 1688, Roger deeded over his property to his family, to son Elisha Barton, son Elijah Barton, son Roger Barton, wife Mary Barton and on her decease her share to sons Noah, Enoch and Joseph.
The three commissioners, who were, respectively, "Secretary of the Councell", "high Sheriffe of Yorkshire upon Long Islan[d]", and "Justice of the Peace of the East Riding", were to investigate the matter thoroughly, and were authorized to call before them Richard Odiell (Woodhull, not otherwise mentioned), Roger Barton, and Robert Bloomer, or any other persons.