USA > New York > Suffolk County > East Hampton > Records of the town of East Hampton, Long Island, Suffolk Co., N.Y., with other ancient documents of historic value, volume I > Part 2
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JAMES FFARRETT.
Sealed & Delivred in the prsence of
FFOOLKE DAVIS, BENJAMINE PRICE.
HEDGES BOOK, page 72.
APRILL the 29th, 164S.
This present writing testifieth an agreement between the worship'll Theophilus Eaton, Esquire, Governour of the Colo-
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RECORDS: TOWN OF EAST-HAMPTON.
ny New Haven, And the worship'll Edward Hopkins, Esquire, governour of the Colony Connecticut, and their astoyats on the one parte, And Poggatacut, Sachem of Munhansett, Way- andanch, Sachem Meuntacut, Momowetow, Sachem of Cor- chake, Nowedonah, Sachem of Shinecoke, and their asotyts, the other Part. The said Sachems having sould unto the foresaid Mr. Eaton and Mr. Hopkins, with their asotyats, all the Land lyinge from the bounds of the Inhabitants of South- ampton, unto the East side of Napeak, next unto Meuntacut high Land, with the whole breadth from Sea to Sea, not In- trenching uppon any in length or breadth, which the Inhabi- tants of Southampton, have and do possess, as they by Law- full right shall make appeare, for and in consideration of twentie Coates, twentie-four looking-glasses, twentie four hoes, twentie-four hatchets, twentie-four knives, One hundred muges, allready Received by us, the forenamed Sachems. for ourselves and asotyats ; and in consideration thereof, we doe give upp unto the said Purchasers, all our right and Interest in the said Land, to them and their heirs forever.
Allsoe doe bind ourselves, to secure their right from any claims of any others, whether Indians, or other Nation what- soever, that doe, or may hereafter, challenge Interest therein. Allsoe, we, the said Sachems, have Covenanted to have Libertie, freely to fish in any or all the cricks and ponds, and hunt up and downe in the woods without Molestation, they giving the English Inhabitants noe just offence, or Iniurie to their goods and Chattells. Likewise, they are to have the fynns and tails of allsuch whales as shall be cast upp, to their proper right and desire they may bee dealt with in the other part. Allsoe, they reserve libertie to fish in all convenient places, for Shells to make wampum. Allsoe, if the Indyans, hunting of any deare, they should chase them into the water, and the English should kill them, the English shall have the body, and the Sachem the skin.
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RECORDS: TOWN OF EAST-HAMPTON.
And in Testimony of our well performance hereof, we have sett to our hands, the Day and year above written.
Witnesses to this,
THO STANTON, ROBERT BOND,
RICHARD WOODHULL The marke of POGGATACUT, Munhansett Sachem. The marke of WAYANDANCH, Meantacutt Sachem. The marke of MOMOWETA, Corchake Sachem. The marke of NOWEDONAH, Shinecok Sachem.
JOB SAYRE.
Chectanoo, his marke, theis Interpreter,
The assignment to the Inhabitants of East Hampton is as follows :
Whereas, by direction from Theophilus Eaton, Esq., and me Edward Hopkins, a purchase was made by Thomas Stan- ton and others, of a part of the Esstern Part of Long Island, of the Indians Sachems, the true proprietors thereof, in the name of Theophilus Eaton, Esq., aforesaid, and myself, with our associates, as by the said agreement, dated the 29th of April, 1648, may more fully appear, which said purchase was paid by me, Edward Hopkins, and amounted to the Sum of Thirty pounds four shillings eightpence, as may appear by a Note of Particulars, under the hand of Thomas Stanton, to whom the said sum was paid, now delivered to Robert Bond, of East Hampton. This writinge witnesseth that I have re- ceived the foremeneioned sum of Thirty pounds four shillings eight pence, of the Inhabitants of East Hampton, and have delivered unto them the writings of the said purchase, and all the interest that thereby was purchased. In witness where- of, I have herevnto subscribed, the 16th of Aprill, 1651.
I say received,
S D 38 4 8 per me
EDWARD HOPKINS.
A true copy per me,
THOMAS TALMAGE, Rec.
PAGE 18, Book A or page 1, Book B-Articles of agrement betwene Mr Daniell How of the one party and Thomas Backer
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the other party : The said Daniell How hath sould and allyan- ated vnto Thomas Backer all his accomodations at Easthamp- ton with howsings orchards gardens ffenceings lands & mead- ows withal what hee now posseseth & what is or may belonge vnto him with relation to his lott as his right to his setlinge there ; ffor & in Consideracon of paying vnto the said Daniell How the sum of twenty pound to him or his assignes the 29th day of September next ; at the which day of September next the said Daniell How is to deliver the said purchase with all the appurtenances vnto the said Thomas Backer; & to free the said Thomas of all rates & charges from Church or Comon wealth ; or purchase from the Indians soe that the said Thom- as is not to pay any charg about the lot whatsoever ; due be- fore the 29th Day of September next except what fenceing to bee done from this day being the tenth of May 1650 in witness hereof they have both sett their hands the day & yeare above. DANIELL HOW THOMAS BACKER
Witnes ALEXANDER BRYAN EPHRAIM HOW.
Received this 10th of May 1650 the sum of twentie pounds & is in full payment of the lot which was myne at Easthamp- ton & now sould to Thomas Backer of Mylford I say recd by me Daniell How in full payment of my lott withall the accom- odacons & Convenyences belonging therevnto of my Cousin Alexander Bryan the sum of twentie pound & the lott & ac- comodacons to be delivered to and for the use of Thomas Backer the 29th of September next ensueing.
DANIELL HOW.
Recd this 24th of August 1650 of Thomas Backer the sum
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of twentie pounds & is in full for the lott he bought of Capt. How at Easthampton.
I say Recd in full for the lott 20£ 00s 00d.
Pr me ALEXANDER BRYAN.
BOOK 2, page 8 .- It was Ordered ye first 3d day of October 1650 yt Thomas Talmage juneor should be ye secretarie for ye Ensuing yeare.
you being Chosen to be Recorder for this prsent yeare doe here sware by ye great & everliving God yt you wil at al times during this yeare for wch you are chosen Indevor wth care and Contiontse to Record such thinges as shalbe lawfully act- ed and ordered by voate, and also carfully keepe such things as shalbe cummitted to yor trust so nere as you can so help you God.
It is ordered that Thomas Tallmage is to have the sum of 20s for Recordinge the Court orders for this present yeare.
The oath of the 3 men.
BOOK 2, page 3 .- You beinge Chosen by this Court for the Carefull and Comfortable carringe on of the affayers of this towne Doe here sweare by the name of the great and Ever livinge God that you will faithfully and wthout Respect of psons execute all such lawes and orders as are or shalbe made and Established by this Court accordinge to god accord- inge to the trust Comited to you Duringe this yeare for wch you are Chosen and untill a new be Chosen If you remayne amongst us so helpe you god.
You being Chosen Pounder for the yeare ensuinge doe sweare by the name of the great and ever living god that you
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shall faithfully wthout Respect of psons Discharge your duty accordinge to your order soe help you god.
The oath of the Constable.
you being Chosen Constable by this court Doe swere by the name of the great & ever livinge god that that you will ffaithfully put in execution all such warrents as shall be comy- ted unto you for ta execute duringe this yeere for which you are chosen in case you stay amonge us soe nere as you can soe hellpe you god.
BOOK 2, page 9. EASTHAMPTON, 1650.
At a Cort of election houlden ye first Tuesday of october there are Chosen foure men wth the Cunstable for ye ordering of ye affaiers of ye Towne. And it is ordered yt any two of them shall have power to graunt a warrant for ye bringing of any Delinquent before them in any case, also thes 5 men shall have power to try any case under ye sum of ffortie shillings but if anie case or action be to be tryed yt is above, then it is to be tryed by a jurie of 7 men.
It is ordered yt any man shall have libertie to purchase a Cort for ye tryall of any action or sute he paying forthwth to everie man yt shalbe therein imployd one shilling sixpence and for entering an action 2s.
It is ordered yt whosoever shall take up a lot in Towne shal live upon it himselfe and also yt no man shal sell his alot- ment or any part thereof unless it be to such as ye Towne shall aprove of and give consent to ye sale thereof.
It is ordered yt if any man shal refuse or neglect to cum to any Towne meeting there to make aperance acording to ye
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time apoynted upon due warning he shalbe liable to pay a fine to ye vallue of 12d .- [Crossed in original.]
It is ordered yt if any whales be cast up within our bounds that every househoulder shall do his part of ye worke about cutting of them out according as his turn shal cum the towne being for this worke devided into two parts ye one halfe to goe at one time & the other at an other, and everie one upon warning given is to take his turne to look out to find them and whosoever shall be found to be a delinquent in doing his part in cutting or looking out when his turn is shal pay a fine to ye value of 5s .- [Crossed in original.]
It is also ordered yt if any Indean find a whale and do forth- wth tiding of it he shal have 5s for his pains, and if any Inglish- man of ye Town doe accedentally find a whale & doe bring ye first tidings of it he shal have a peece of whale 3 foot broad.
Book 2, page 11 .- It is ordered yt al yt are fit to beare armes be sufficiently pvided of such armes as shall be judged fit for service and everie one 2 f of powder and 4 £ of bulets or shot equivuelent thereunto but no shot is to be alowed les than swan shot; this to be done by ye first of May next en- suing ; vpon penaltie of paying 10s libertie is grantod for men to pvide amunition till the first 2 day of July next ensueinge.
It is ordered yt whosoever shal at any time sell pouder or lead or shot or sword or flint to any Indean he shal be liable to pay 5€, and if any shal sell gun or pistal to an Indean he shal pay 10£ & stand to ye sensure of ye Cort.
It is ordered yt no maner of person shal set fier on ye ground yt apertaineth to ye plantation vnless it be his owne p prietie in perticular, vpon penvltie of paying at such dammages as may acrue therby vnless therbe order given by ye Towne.
Loose Leaf D .-
The full firme and standinge agreement Enacted Concluded & made betweene the Comittes of Easthampton, viz: Robert
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RECORDS: TOWN OF EAST-HAMPTON.
Bond John Mulford & Thomas Baker Authorised and sent by ye Inhabitants of Easthampton aforesd And Capt. Thomas Tappin Mr Thirston Rayner Thomas Halsey Jonas Wood & Josiah Stanberough the five men for towne affaiers authorised by the Generall Court of Southampton who called in to their helpe Mr Edward Howell and Mr John Gosmore Magistrates whoe wth Mr Robert ffordham assisted the above named wth their advise and Councell And upon the treaty & Debate it is firmely Concluded and Determined every one of the above named fully agreeing for the setlinge of a firme peace to be maintayned & keept at all tymes & from tyme to tyme here- after upon the termes under written.
Imprimis, that it shalbe noe trespase at any tyme or tymes hereafter for any beast or beasts of any kind to stray out of bounds from one or eyther plantacon above menconed to or in to the neighboring plantacon but that accidentall Comonage on any land or lands inclosures or otherwise where cattell may have Egrese and Regrese shalbe for ever allowed betweene the sd Townes.
2. That what soever Cattell of any kinde of one or eyther plantocon doe breake into any inclosure or inclosures at such tyme or tymes when corne is on the ground or in to such meadowes as are inclosed for moweinge gardens or orchards or other inclosed lands Just Damage accordinge to the way such Trespassed partyes might bee by just lawes Established or to be established recompenced by their owne neighbours of their owne towne in like maner and noe other wise satisfaccon is to bee made by the trespassing parson or parsons for such Cattell as stray and trespasse in the neighboringe plantacon.
3. That without sufficient & lawfull fencinge in the case or cases abovesd or in any other case not menconed Damage shall not be rendered by any man or other parson or parsons for any cause or trespasse whatsoever.
4. That noe parson or parsons whatsoever shall drive or
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RECORDS: TOWN OF EAST-HAMPTON.
place any hogs or other Cattell within halfe a mile of the line or bounds that is at the partinge of the plantacons or any part thereof unlese such party or partyes doe Dayly attend upon such Cattell to the intent he or thay may not suffer such Cat- tell soe keept to trespasse the neighbouringe plantacon.
5. That it shalbe Lawfull for any parsons or parsons of eyther plantacon to drive of any Cattell or beast that is strayed upon the Comonage not belonging to the owners of the sd Cattell, provided that the party or partyes soe Driveing any Cattell shall not doe wrong or Injury to the body or bodyes of any beast or cattell soe driven witnese our hands to all and every the prmisses, January 23d 1650.
EDWARD HOWELL JONAS WOOD
THOS TAPPIN
JOHN GOSMORE
JOSIAH STANBEROUGH THRISTAM RAYNER
THOMAS HALSY.
A true Coppie by me BENIAMINE PRICE Recorder.
BOOK 2, page 11 .- at a generall court houllden at East- hampton March 7th 1650.
It is ordered yt Ralph Daiton is to goe keneticot for to pcure evidence for our lands and for an Acquittance for the payment of our money for the purchase of our land and for a boddie of lawes at a generall court houlden at Easthampton March 7th 1650, it is allsoe ordered that any man may have libertie to set guns for to kill wollves pvided that the pties doe not set the guns wthin halfe A myle of the towne and allsoe yt noe man shall traille any baite for the wollves wthin halfe a myle of the towne and likewise yt noe man shall set any gun but he shal loke to it while the starrs appeare and allsoe to take the gun vpp by the sun risinge, and it is ordered all- soe yt if any hurt be done to any man by haveinge any cattell distroyed by any settinge of guns wthin the time lymited yt
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RECORDS: TOWN OF EAST-HAMPTON.
then the losse shall bee borne by the towne every man to have his part accordinge to his land.
It is ordered yt there shall be a cart way over to the east side of the towne made in the hollow betweene Goodman Osbornes and Goodman hands, this to bee done betweene this & the 11 of June next ensueinge. June the 9 1650 this order is Dispensed wth all till the 20 of September next ensueing.
It is alloe ordered yt when any man have any bitch that goeth to Dog they shall then kepe vpp their bitches Duringe the time that they goe to Dog vppon tho penaltie of payinge 20s.
It is allsoe ordered yt noe man shall sell any Dog or bitch younge or oulld to any Indian or Indians vppon the penalltie of payinge of 30s.
It is further ordered yt every man shall fence yt land yt hee Doth enioy yt is to be vnderstood for the quantitie of his land on the plaine.
EASTHAMPTON 15 of March 1650.
BOOK 2, page 13 .- it is ordered that Roberd Bond shall goe to Coneticot for to pcure the Evidence for our lands and for an Accquittance for the payment of our money & for a boddie of lawes .- [Crossed in original.]
MARCH the 19 1651.
BOOK 2, page 21 .- It is ordered that Mr Stanberough shal have 50s p annum in lew of Drawinge of water if the water mill Doth for the time that hee maintaineth the mill but if the water mill Doth not then this ord to be void .- [Crossed in original.]
It is ordered yt Mr Stanberough shal have his lott as other men have that is to say so soone as hee improves the same eyther by stocke or other wayes hee must pay all rates as other men Doe except for time past .- [Crossed in original.]
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RECORDS: TOWN OF EAST-HAMPTON.
It is ordered yt the order about the fensinge the home lots is Dispensed with for 3 wekes longer.
EASTHAMPTON 24 of March 1650
BOOK 2, page 13 .- it is ordered yt the house lot lieinge on the north side of Goodman Daitons lot shall be Reserved for A man whom the Towne shall see mete to call to publike place .- [Crossed in original.]
EASTHAMPTON Aprill the first 1651.
Book 2, page 13 .- it is ordered by Joynt consent of the towne yt Roberd Bond shall goe the next opertunitie to the maine to Conecticot for to pcure the Evidence for our land & our combination & the bodie of lawes and an Accquittance for our money .- [Crossed in original.]
Roberd Bond Dellivered in to the Gouernor for the purchase of land for the townes use the sum of 1£ 3s 10d.
Roberd Bond for his expences goeinge to the mayne land in the townes service the sum of 1£ 13s 6d & hee have Re- ceived of the Account 00 2s 1d alsoe Goodman Bond the time he spent in his goeinge to the mayne land in the townes ser- vice was 15 Daies.
APRILL of 1651.
BOOK 2, page 13 .- It is allsoc ordered that the fence in the plaine soe much as is taken vpp shall be suffitiently Done be- tweene this and the 28 of Aprill next ensueinge vppon the penalltie of payenge of 5s a pole for every pole yt shall not be Done by that Day .- [Crossed in original.]
(APRILL the 5th.)
BOOK 2, page 21 .- It is ordered that the generall Cort is reiorned for 3 wekes or els the first wet Day and all to appere at the beat of the Drum.
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RECORDS: TOWN OF EAST-HAMPTON.
APRILL 9th 1651.
Book 2, page 13 .- it is granted to John Cartland a lott if hee comes betwene this & the last of July next ensveinge .- [Crossed in original.]
EASTHAMPTON Aprill 22th 1651.
Book 2, page 13 .- It is ordered that John Hand Thomas Baker & Thomas Chatfielld is to lay out the land vppon the great plaine that is not yet devided & that to be done betwene this & the last of may next Ensueinge .- [Crossed in original.]
It is agreed by vs the Inhabitants of this towne that there shall bee A Dispensation for the fence to bee Done vppon the plaine Pvided that the fence bee Done betwene this & the 3 of' May next ensueinge pvided that those that are behind in their fence Doe secure the corne from all Damages and allsoe John hand is Dispensed withall for his fence toe bee Done be- twene this & the 7 of May next ensueinge & likewise he is to secure the corne from all Damages .-- [Crossed in original.]
It is ordered that those men that are behind in the Logg fence whose names are vnder written shall Doe their worke betwene this & the 3 of May vppon penalltie of paieinge of 4s a Day the names of the men are Mr Chatfield Mr James Good- man Rose Luke Lillie Richard Stratten .- [Crossed in the original.]
MAY the 9th.
BOOK 2, page 18 .- Thomas Tomson hath entered an accon of suite ageainst Richard Brookes Richard Straton Luke Lillie for 5€ Damage by thir rames.
MAY 13th 1651.
BOOK 2, page 1 .- The Delinquents that did not appeare at the Towne metinge accordinge to warninge is Thomas Tall- mage Senior his fine paide 6d Ralfe Daiton his fine paide 6d
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RECORDS: TOWN OF EAST-HAMPTON.
John Mullford his fine 12d paid William Mullford his fine paid 1s both of them paid towards the Drum Richard Stratten paid 6d to the Drum, Luke Lillie 6d to the Drum Thomas Osborne paid 6d to the Drum Roberd Rose his fine 6d paid to the Drum.
EASTHAMPTON May 14th 1651.
BOOK 2, page 1 .- It is ordered that every man shall have A certaine quantitie of land Joyninge to the Reare end of their house lotts every man to have 4 acres to one 100£ estate ac- cordinge to the Division that every man have in the plaine & house lotts & this land every man shall have some part of his addition of land to Joyne soe to his house lot that every man may goe from his house lott vppon his other Devision wthout tresspasinge vppon any other.
EAST HAMPTON May the 19 1651.
BOOK 2, page 1 .- It is ordered that whosoever shall find any wrackt goods by the seaside within our bounds if it bee vnder the vallue of 10s it shall Remaine to him or her that findeth it but if the thinge soe found be worth more than 10s that then the overplush shall Remaine to the townes vse but if the Right owner of those wrackt goods be knowne & lay claime to it yt then it shall be Restored to the owner hee pay- inge to the ptie that found it suffitiently for his paines.
It is allsoe ordered yt whosoever shall find any maner of goods of any mans vppon the land if the ptie that found the goods Doe not carrie those goods to the Constable wthin 14 Daies after he haue found it hee shall then paye two fold for Detaininge of those goods soe found.
It is allsoe ordered that what ever goods shall bee taken by any man either at whom or a fielld from the right owner that then the ptie that taketh those tooles & goods for his vse wth- out leave from the Right owner that then the ptie that Doth soe take goods shall be liable to paye 5s.
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RECORDS: TOWN OF EAST-HAMPTON.
Book 2, page 1 .- It is ordered that every man shall make his fence suffitient for to secure the corne but if any cattell come into the corne & Do harme yn those that owne the fence shall pay the Dammage but if ther bee any unruly swine that will breake through suffitient fence that then the ptie that owneth the swine haueinge suffitient warninge he shall forth- with put on a yoke vppon the swine 3 foote longe but if it the swine prove vnruly & breake through any suffitient fence or' cause other swine to goe into the corne by that means the ptie that Doth owne the swine shall paie 5s & pay all Dam- mages besides.
It is allsoe ordered that whatever great cattell shall break through or leap over any suffitient fence and hurt bee Done the ptie yt owneth those cattell shall forthwith put a piece of wod vppon the hornes of the beast but if those beast prove vnruly the ptie that owneth the beast shall be liable to pay the same vallue every way as swine Doth.
THE 9 of JUNE 1651.
Book 2, page 15 .- It is ordered yt the plaine in the East- terne side of the towne yt for the 2 devision it shall bee laid in 4 Devisions those that lie in the first devision they shall have only acre for acre those that lie in the 2 devision shall haue 10 pole allowance in the acre & those that lie in the 3 Devision shall have 20 pole allowance in the acre & those that lie in the 4 devision shall haue 30 pole Allowance in the acre and this allowance is to bee only in respect of the distance of the ground from the towne .- [Crossed in original.]
JULY 14th 1651.
Book 2, page 15 .- It is ordered that Thomas Baker & Thomas Tomsin and Ben: Price shall lay out Occabonack Meadow betwene this & the 19 of this instant July vppon
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penalltie of payeinge 10s every one yt shall neglect the same by the Day.
It is allsoe ordered yt the 3 men before mentioned shall lay out this Occabonack meadow accordinge to their best light & Discretion and to be cast by lott & to begin the lott att the Easterne part of the meadow.
It is ordered yt Thomas Osborne Junior have granted to him 2 acres of land more in the plaine.
It is ordered yt all the rams that shall bee found amonge the goates without a apron the ptie that owneth the ram or rams shall be liable to pay 5s for every Defect herein and this order to stand in force till 5 weekes after myhillmus next en- sueinge .- [Crossed in original.]
EASTHAMPTON 23th August 1651.
Book 2, page 17 .- It is ordered that Mr James shall haue for the worke of the Mynistry amonge us for the yere ensue- inge the sum of 45£ & his land to lay Rate free .- [Crossed in original.]
It is allsoe ordered that Mr James shall haue for the worke of the Mynistry wth us for future time the sum of 50€ a yeere & his shall lay Rate free Duringe the time of his standinge in office in the mynistry amonge vs.
It is ordered that whosoever shall with Draw himselfe from any towne meetinge shall pay 12d.
SEPTEMBER ye 24th 1651.
BOOK 2, page 7 .- Having Reseaved a letter from the naigh- bouring towns desiering that wee would send men to meet at huntintun the 28 of September; and A towne meeting being warned the 24 of September about yt busines ; the Asembly coming together they choas and appoynted Capt Josiah Ho- bert and Mr Thomas Baker to goe to huntintun; as agents for this towne to Joyne with Southampton and the other towns
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agents at huntintun to conferr about and conclued such Mat- ters to present to the Court of Assieses or other ways as thay shall Judge to conduce to the good and benifitt of the Whole.
7BER 24th, 1651.
Book 2, page 18 .- Richard Post of Southampton hath en- tered an accon of suite against John Hand Sr in an accon of trespass vpon the cast.
EASTHAMPTON October 7th 1651.
Book 2, page 17 .- at a General court houllden heare it is ordered that those 3 men that are chosen for the execution of the orders in this place shall be bound to mette the first 2 Day of the weeke of every month for the tryall of any cause accord- inge to an order & to consider of those thinges that may con- serne the publike good of the place & whosoever of those 3 men Doe not attend the Day at S of the clocke in the morn- inge shall be liable to pay 5s
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