| Notes |
- "He was baptized at St. Mary's on May 2, 1637 (seven months before Oliver Cromwell and his wife Elizabeth had their daughter Frances baptized there). In 1657 Gabriel received twenty pounds by his father's will. No further mention of this Gabriel appears in the Ely records. After the Restoration of Charles II in 1661, many who had benefited from the Commonwealth and who were likely to be punished by the reinstated Bishop Wren sought greater economic opportunity in the American colonies. According to a handwritten note on the back of a portrait of Thomas Leggett (1755-1843), painted in 1843, Gabriel arrived in New York [New Amsterdam, until 1664] in 1661." [Leggett of Ely, Cambridgeshire, England and West Farms (Bronx), New York, citation details below]
From Archaeological/Historical Sensitivity Evaluation: Proposed Fish Market Relocation, Hunts Point, Bronx, New York by William I. Roberts and Paula M. Crowley, prepared for Urbitran, 71 West 23rd St, New York NY 10010, February 2000:
[Gabriel Leggett's father-in-law John] Richardson died leaving his property to his wife Martha to use during her lifetime and dispose of as she saw fit. Martha received all housing and the orchard, all moveables within and without, all livestock, all land, all the meadow on the planting neck and all the Long Neck running southward from Thomas Hunt's new house to the Sound. His son-in-law, Thomas Hadley received a pasture of three acres and a divided meadow above the planting neck. His three daughters each received 200 acres of land apiece. On October 17, 1687 Hadley conveyed to Thomas Williams, eight acres given to him by Richardson.
Martha [(Mead)] Richardson, around July 1683 married Captain [Thomas] Williams. Gabriel Leggett had married [Martha Mead and John] Richardson's daughter, Elizabeth. Richardson had built a grist mill and a saw mill on the Bronx River in 1671, and Leggett helped him run the saw mill. Williams had no use for a step-son-in-Iaw, and Leggett had no use for the new step-father-in-law. Leggett attempted to evict Williams from the Richardson house, and failed. Owning a mill was an important economic, social and political position during colonial times. As a result of owning one of two mills in southern Westchester County, Williams became a member of Lieutenant Governor Leisler's Council. When the French and the Indians attacked Schenectady in February 1690, Richard Ponton and Williams called upon the Westchester militia company for volunteers. Leggett spoke against this, Ponton told Leggett to shut up, and Leggett called Williams "the father of rogues". Leggett went further and stole a hog of Williams, and then later, when drunk, told Williams he was a thief, murderer, and a liar. Williams obtained a warrant against Leggett, and Leggett was hauled into court. Martha Richardson/Williams [Martha Mead] prevailed upon her husband and son-in-law to shake hands and settle the problem. Leggett did so, returning the hog, paying court costs and apologizing.
At this point in time, the Leisler Rebellion occurred, and was put down by the new English governor. In April 1691 the grand jury indicted Thomas Williams, along with others, for high treason. The grand jury found "that he had no property to their knowledge that could be confiscated", and sentenced him to be drawn and quartered. Leisler and his son-in-law were executed, while the new governor held off on the others. A new Assembly pardoned most of Leisler's people, excepting 30 individuals, including Williams. In April 1692, the Queen agreed to pardon Williams and his associates, if they asked for it. By September 1692, Williams was still in jail, refusing to petition. In 1693 King William ordered their release and a royal pardon was finally issued in March 1694, after the governor petitioned.
Gabriel Leggett did not sit still during those four years. In May 1691 Leggett sued Thomas Stratham, the sheriff who arrested him for the hog incident, for £200 for assault and false imprisonment. The Westchester Court decided that Stratham should pay Leggett £25. Ponton, of the militia, agreed to post bond. In October of 1692, Leggett still was not paid, and the Court of Sessions had to intervene in the quarrel between Leggett, Stratham and Ponton. Leggett went to the New York City Supreme Court, suing Ponton for £25. Ponton never showed at court and the court ordered Ponton to pay Leggett £50. Richard Ponton, in turn, sued Thomas Stratham in the Court of Common Pleas in Westchester County in order to pay Leggett. In December 1692, the court ordered Stratham to pay Ponton £40. Since Statham could not pay, he was jailed with the new sheriff to seize his land for sale. In 1695, Ponton still had not paid the debt, and Leggett sold Ponton's debt to Thomas White, who went the colony's Supreme Court, which ordered Ponton to pay in October 1695.
Thomas Williams, upon his release, forgot the handshake, and pressed criminal charges against Leggett. In December 1693, in Westchester court, Leggett freely admitted he stole the hog, but that the Legislature's act of May 1691, pardoning all New Yorkers for crimes committed during Leisler's Rebellion covered his act. The court respectfully disagreed, observing the hog incident occurred before Leisler's Rebellion. Leggett was sentenced to pay court charges, pay a year's security for his good behavior or go to jail. Leggett, irrepressible as usual, appealed to the New York colony's Supreme Court, insisting that there were errors in the trial. Since this august body had sentenced Williams to death in the first place, they ruled in Leggett's favor in October 1696.
From Early Settlers of West Farms, Westchester County, N.Y. (citation details below):
Old Gabriel had with his boldness evidently a violent spirit, certainly so according to the testimony of Capt. Williams in his petition to the Governor, which I will in place transcribe; but we may remember Capt. Williams was angry when he wrote it, and was himself no doubt extravagant in his allegations. The trouble between these two men arose partly from personal causes, but was chiefly on account of political differences.
After the death of her husband, Martha Richardson married Capt. Thos. Williams. Williams was by no means an inferior person, but was rather a prominent man in the community and in the Province. He was born in 1631; married Martha Richardson about 1784; died intestate and without living issue, 1798. Martha Richardson Williams died about 1694.
By John Richardson's will the bulk of his property was left to his wife during life without other conditions. She was a rich widow, and her marriage to Captain Williams was apparently a great trial to the heirs; but what seemed to exasperate Gabriel the most was that Capt. Williams would not vacate the house after Martha's death; as appears by his petition to Gov. Fletcher.
The chief cause of trouble was political however. The Province was rent, communities, families, nearest friends divided as Leislerians and anti-Leislerians. After the dethronement of James II, and before the official notice in the Province of the Proclama tion of William and Mary as Sovereigns had been received, Capt. Jacob Leisler seized the Government of the Province of New York and was appointed Commander-in-Chief by the Committee of Safety. There is no occasion to repeat this chapter of Colonial history, enough that on the arrival of Sloughter, duly commissioned Governor, the anti-Leislerians found their revenge by securing Leisler's sentence to death, and he was executed in New York, May 16, 1691.
Gabriel Leggett was a strong opponent of Leisler's claims and was by his nature, no doubt, an extreme partisan. When, therefore, Leisler called for volunteers to go to Canada against the French, he resisted the call, as appears by the following records of the Court: "June 6 & 7, 1693. The court orders that the Sherrife shall give notice to Capt. Ponton, Thos. Statham, and Gabriel Leggett, with what witnesses they have, to appear at the Courthouse at two o'clock to Indeavor to put a period to wht differences is amongst them." One witness testifies "after scurrelous words used by Gabriel Leggett to Capt. Williams, calling him a liar &c. Mrs. Williams spoke to him to interceed with her husband to pas by or putt up the difference between them for her daughter's sake &c." Williams himself, aged about 62 years, testifies : "The first ocation of this difference was a hogg took violently from me." Afterward Capt. Leisler sent an order to Capt. Ponton "to send him some men to goe to Albany for their assistance against the French, also the said Williams to assist in taking and sending the men, upon which the Town's Company was called together, and Capt. Ponton asked them who was willing to go volunteers for said expedition, and Gabriel Leggett answered they was fools if any of them did go, upon which Capt. Ponton commanded him to hold his peace, but he still continued abusing the deponent and said: 'here comes the father of rogues,' and many other scurrulous words, upon which I gott a warrent against him &c."
Edward Collier testified: "He writt ye warr" and Capt. Richard Ponton signed it, and Capt. Williams was the complaynant, and Thos. Stathem was the Sheriffe and served it; and after this at a court held at Thos. Baxter's house in the month of March, 1689, there was Gabriel Leggett and his wife, and Capt. Williams and his wife, and they were talking about making up the difference as I suppose, but what their agreement was I could not tell, nor upon what terms, but I heard yt Gabriel was to pay the fees, & that deponent turned his fees over to Thos. Statham, but never received any, neither do I know whether Statham reed any of Leggett; soe after Col. Sloughter was come over Governor in May following, the sd Gabriel took out a writt against Thos. Statham for an assault and false imprisonment to answer him at the next court of Sessions in June, and Capt. Ponton was Statham's baile, and some time afterwards William Chadderton came to my house and desired me to goe with him to Mr. Barnes to write a bond for his brother Stathem, for his brother Stathem and Gabriel were agreed, and Thos. Statham was to pay to Gabriel Leggatt £25, soe I went to Mr. Barnes with him, and writt part of one bond, and Gabriel made scruple about it, and would not take his own bond without further security, soe I writt another, and Capt. Ponton and Mr. Chadderton was bound with him jointly and severally, and they signed, sealed and delivered it." Samuel Hitchcock testifies "that Capt. Williams and Mrs. Williams was together, and Gabriel Leggett, and Mrs. Williams desired him to interceed with Mr. Williams to forgive and pass by the fault of Gabriel for her daughter and children's sake, upon wh deponent spoke to Capt. Williams, and also Mrs. Williams said, 'Good Gabriel, doe not goe to law,' and I said the same, and Gabriel seemed willing, and said he was sorry for it, and they let the action fall." Thos. Baxter, aged 39, testifies "when they came to the court they were talking about an agreement, and Mrs. Williams spoke to him to persuade her husband he should not take advantage of the law against Gabriel. I fetched a gallon of cider to drink with them, and to forward the agreement, and Gabriel Leggett did acknowledge he was sorry he had abused him in such words, as he said, for he did not know any such thing of him, and they did drink friends together in burnt wine and other drink, and the said Gabriel was to pay the clerk and sheriff their feese. Capt. Williams and he shook hands with one another, and did promise to live peaceably."
"Capt. Barnes upon his oath as a Justice of the peace saith that Capt. Williams and Gabriel Leggett being at his house was drinking together and he thinks Gabriel was a little overtaken in drink, but he called Capt. Williams thief, murderer & lyer, & he would prove it, and repeated over many times, upon which Williams being provoked got out a writt against him, and arrested Leggett, and several persuaded Leggett to get security, but he would not, soe went to prison, and there he remained till the next morning. Some time after I asked Leggett how he came on with Capt. Williams, and he told me they were agreed."
All this seems very small, as very bad, but Gabriel Leggett was not "tight" enough, nor such a fool as not to know what he was doing. He knew Leisler was ruling without authority; he believed that soon his rule would come to a disastrous end, that then all his acts, and those of his subordinates, would be declared illegal. He would not accept bail when illegally arrested and imprisoned for he was shrewd enough to know that bye and bye he could make his personal and political enemies "whistle for it" and that he did by heavy penalties for false imprisonment, as will presently appear by their petitions to Gov. Fletcher from in prison.
Meanwhile Capt. Williams in small revenge takes action by that matter of "a hogg took violently from me" as above mentioned. Later in the same year (1693) he has Gabriel Leggett indicted for taking "a barrow hogg." For reasons which will appear he would not deny the charge, and the court found the fact acknowledged was done and acted in the time "yt Sir Edmond Andros was Govr of the Province and before ye time of ye late disorders" (all offenses before these disorders had by general act been pardoned) therefore finds "that ye sd Gabriel Leggett for ye above offense shall pay ye charges of this court ocationed by the above indictment, and also before two of their Majties Justices of ye peace of this county give in sufficient security for his good behavior for one whole yeare and untill ye above costs be paid and security given as above ye sd Gabriel Leggett to remain a prisoner within Sheriff's custody."
Let there be no astonishment at these proceedings. The court records are full of them. As said, such constituted almost the only amusement and entertainment to be found, but Gabriel had a revengeful purpose, it is feared, in pleading to an offense he had not committed, for from the proceedings of Supreme Court, April 6, 1695, was "granted a writ of error in the case of Gabriel Leggett who was erroneously indicted for stealing a barrow hogg from Thos. Williams." It does not appear what use Gabriel Leggett made of this finding, but of his false imprisonment the use will soon be made evident. I must first, however, write out a very singular petition which I find on record addressed by Thos. Williams to Gov. Fletcher. Its representations of Gabriel Leggett are very unlovely, but we may remember that they were made by an angry adversary, and were no doubt intended to counteract influences in operation against himself, and arrest action the culmination of which will appear in the appeal following this.
"To his excellency Benjamin ffletcher Capt. Genl and Gov of the Province of New York, &c. The humbell pittn of Capt. Thos. Williams of the Town of Westchester &c. To the Excellency Showeth the Gov Pettr's wife be lately by God's Providence taken from him by which means he is left in a sad condition, and his trouble further ogmented by one Gabriel Legatt that liveth by him who dayle abuseth yr Pettr by his coming to his house in a violent manner cursing, and swearing, and with other exorable threatening to hold him out of his house he is now quietly possessed of both in right of his late wife deceased relict of John Richardson deceased and the State by will and due administration thereof settled. Now soe itt be may itt Please yr Excellence that said Gl Legat having married one of the daughters of sd Richardson may have a right in due court of law to some of the land, &c., butt that not contenting the said Gabriel Legatt he being a person of notories ill behaved & wicked maletious nature so that yr Pettr with his family (?) is in dayley feare of his being violently assaulted and abused by said Legatt as he daily threatens &c., and att present the Judge & judges is cautious of acorting anything &c. (incoherent here) yr pettr humbly craves yr power and order for the securing his person and estate yt noe violence be offered him as being in a weak condition. If any pretence agst Itt may be devised by due course of law, and for which he shall pray.
Thomas Williams."
This remarkable paper is inscribed "Oct. 31, 1695, The within petition is referred to the Judge & Justices of the County of Westchester p. order David Jamison, Jr."
Note: — Thos. Williams, with others, was condemned at a court of Oyer and Terminer, for treasonable and felonious crimes in establishing a recruiting office under Leisler, against which, as we have seen, Gabriel Leggett protested, and for which he was arrested, etc. His petition to Gov. Fletcher after 17 months imprisonment is contained in Doc. Hist., Vol. II, p. 413. I do find the petition of Thos. Statham, which is as follows: "To his Excellency, &c., &c. The humble petition of Thos. Statham of the Co. of Westchester. Showeth unto your Excellency that in the time of the late disorder by the importunity of Richd Ponton of Westr and others, your petitioner did take a commission under Jacob Leisler as Sheriff of sd county, not knowing otherwise but that the said Jacob Leisler had received letters patent from their Majesties, King William & Queen Mary, authorizing the said Jacob to do the same as by those which were conversant with him did report for undoubted truths. Whereupon the 24th day of Feb. in the 2d year of their Majs' reign, one Gabriel Legatt of sd County did abuse one Thomas Williams pretended councellor to the sd Jacob Leisler in a very gross manner whereby the sd Richd Ponton one of the Justices then made by the sd Leisler in sd county of Westchester took upon himself (upon the complaint of the sd Thomas Williams) to issue out a warrant of commitment directed to your poor petitioner, and commanding him as he would answer the contrary at his peril to Take the said Gabriel Legat into safe custody, which was done by yr Excellency's poor Petitioner, not knowing better. And the said Gabriel was under confinement about tenn hours, and then let out by order of the Justices. Whereupon a court of Sessions held at Westchester in March the next following the sd Gabriel Legatt appeared and did acknowledge his fault, and all was past by and forgiven. Yet nevertheless the said Gabriel Legatt in May after the arrival of Coll. Sloughter commenced an action against yr poor Petitioner for a Assault and false imprisonment done to him about the occasion aforesaid to the value of Two hundred pounds, which was executed by Benjamin Collier high Sheriff whereby he was in undoubted fear of being utterly undone, and being a prisoner, and having no friend to councell withall, did sign to an obligation to pay him twenty five pounds which was the demand of the sd Gabriel. Afterwards the sd Richard Ponton by his refractory language against the Government was by a special Warrent carried down to New York and there put under confinement in ye Citty Hall and there did remain some time after your Excellency's arrival, and then was released, upon which the said Gabriel commenced an action against the said Rd, by reason the sd Richard was bound with your pettitioner jointly and severally to sd Gabriel (wasn't he far seeing and sharp, if not benevolent?) for the payment of the aforesd sum of twenty five pounds. Whereupon the sd Gabriel obtained judgment against sd Richard for fifty pounds by default at the Supreme Court held at New York on October last past and execution thereupon the sd Richards estate. There upon the sd Richard commenced an action against your poor petitioner and obtained a judgment against him for forty pounds and costs at a court of common pleas held at Westchester on the 8th and 9th days of Dec. and still doth remain in Sheriff's custody and do expect daylie execution to be issued out against him. Therefore without remedy by order of the common law to the utter undoing of your poor petitioner, his wife and children, unless your Excel's gracious favour be to him shewed in this behalf to consider pemises, and accordingly to grant your petr such relief herein as to your Excellency may seem most agreeable to justice and equity. And your Petitioner as in duty he is bound will ever pray."
(Endorsed) "7th of April, 1693, referred to Col. Heathcote."
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Nielsen Hayden genealogy
Bef 1637 - Aft 1697 (> 60 years)
[2, 3]