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 5
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JANUARY 5th, 1653.
The verdict of the Jury upon the evidence given in Court is that they are William Howes.
NOVEMBER 7 1653.
BOOK 2, page 30 .- It is ordered yt the cowes calves and oxen shalbe put into the playnes first the new plaine and then the litell plaine and then the great plaine and last the East- terne plaine, and this is to be Done when the heard brakes vp and if any man shall leave Downe the fence when hee eyther Drives or fetcheth the Cowes he shall pay Es and goodman Garlicke begins .-- [Crossed in original.]
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RECORDS: TOWN OF EAST-HAMPTON.
NOVEMBER 20th 1653.
It is ordered yt evry man shall goe to make a triall with goodman Meggs A Days worke a peece for a mill at the har- bor.
NOVEMBER 16 1653.
BOOK 2, page 19 .- Robert Bond plt hath entered an accon of Debt to the value of Eight pounds twelve and sixepence wth Damage agt Daniel How Senior Defendant.
Robert Bond plt Declareth yt Daniell How is indebted vn- to him the full sum of eight pounds twelve shillings sixepence the pticclers Imprimis for tradinge cloth £2 2s 6d for looking after Cattell the second year after hee went from home 1£ 0s Od for endeveringe to get in his Debts 0£ 10s 0d for winter- ing of nine Cattell 5£ 00s 00d wth Damage for non payment & Court Charges the plt requiers 10s a head for winteringe the Catell and the Cause he requiringe 5£ for nine is for charge and trouble exterordinari in that hee was faine to keepe one Cow wth rie and turnups she beinge very poore the Court Charges is 17s and to the Cunstable for servinge the attachment fiveteene pence, and for serving the execution 10s.
the verdit of the Jury
We find for the plt two pence cost & Damage and Court Charges,
This Court vpon the verdit of the Jury giveth Robert Bond the summe of nine pound eleven shillings to be payd out of Daniell Howes Seniors Cattell this execution to be served by the Cunstabell and the Cattell to bee pised by two indifrent men.
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RECORDS: TOWN OF EAST-HAMPTON.
NOVEMBER 16th 1653.
BOOK 2, page 19 .- John Meigs plt hath entered an accon upon the Case against James Still Defendant.
Book 2, page 4 .- John Meiges plt Declareth that James Till is indebted to me the full sum of forty sixe pounds wch hath been Due vnto me about two yeares of wch 46£ there is Twenty pounds for wch I have a bill under his hand wherein besides the 20£ ther is sevrall other things menconed wch amount to the sum of nineteene pounds more and seuen pounds or there about wch I Disbursed for him for the pouringe of taclinge for a teeme wch the sd James Till was by Covenant to returne vnto me but hath not pformed it and further I De- clare that for want of the above menconed sumes of money being Just and Due Debts I have been greatly Damnified whein also I Desier rite by this Court soe far as the Damage shall appeare to be Just.
James Till hleadeth for himselfe that hee was gretly Dam- nified for want of the land to breake vp at Easthampton he beinge removed from his farme wch would have pduced him much pfitt it beinge by John Meigs his meanes.
The plt owneth 30s to be paid in a parcel of rie The land yt James plead hee left to his lose I payd &s an acker and let it out for 4s an acker and when this land was good and new he could not pay the rent but I was faine to pay the Re- mainder.
Book 2, page 19 .- The verdit of the Jury in the Case be- tweene John Meigs plt and James Till Deft we find for the plt forty one pound five shillings principall and Damage five pound two shillings sixe pence, and Court Charges 1£ 1s 6d.
This Court Resigneth vp James Till both body and goods
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RECORDS: TOWN OF EAST-HAMPTON.
vnto John Meigs or his assignes untill the Debts found Due to him by the Jury be paid wch is one and fforty pound five shillings principall five pounds two and six pence Damage and one pound one shilling and sixe pence Court Charges.
EASTHAMPTON November22 1653.
BOOK 2, page 142 .- To the Cunstabell you are by vertue hereof to attach the Cattell of William Howes for and in the behalfe of Lion Gardiner of the Ile of wight hereof faile not at your perill.
THOMAS BAKER JOHN HANI).
NOVEMBER 27th 1653.
BOOK 2, page 170 .- Articeles of agreement fully and firme- ly agreed and Concluded vpon betweene the Inhabitants of Easthampton one longe Iland the one party and Vinson Meigs now resident here one the other pty as ffolloweth : Viz yt the aforesaid Vinson meigs doth Covenant and by these prsence firmely bind himselfe and his estate vnto the Inhabitants above sd to build and maintaine for the vse of the afore sd Inhabitants a sufficient servicable mill the same to be suf- ficiently keept and maintayned from time to time by him and his assignes for the Docing of the townes worke without any future charge to any of the afore sd Inhabitants eyther in labor or otherwise.
2 ffor and in Consideracon of the afore sd Vinson meigs his well and faithfull pformance accordinge to the true purport and meaninge of this writinge we the aforesd Inhabitants Doe by this p'sents Covenant and firmly bind our selves vnto the sd Vinson meigs to give him the full sum of fifty pounds to bee payd in manner as followeth that is to say Twelve pounds
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RECORDS: TOWN OF EAST-HAMPTON.
and 10s when the worke is a quarter Done and twelve pounds 10s more when the worke is halfe Donn and these is to be paid in Corne pork or wampam and the other halfe to bee paid when the foresd mill is fully and Complatly finished eyther in such pay as is before menconed or els in live Cat- tell the Corne and porke to bee paid at the price Current vp- on long Iland and in the Easterne part of it and for Cattell as two Indiffrent men shall value them.
3 And furthermore we the aforesd Inhabitants Doe further pmise vnto the aforesd Vinson Meigs vpon his well pformance of the prmises adovesd to give to the sd vinson twenty ackers of land to be laid beside the Creeke where the mill is to bee built that is the Creeke yt runes Down into our harbor 15 ackers to be vpland to ly as neere the mill as Conveniently can bee and five ackers of meadow to bee laid out to it as neere as Can bee the same 20 ackers to ly to the mill and not to be sold or given from it at any time but the said land wth the mill is to ly and remaine to the abovesd Vinson and his essignes for ever.
4 And furthermore we the aforesd Inhabitants Doe pmise and Ingage our selves to carrie the timber for the mill and the milstones to the place where the mill shall stand and the said Vinson Doth Covenant to finish the mill by the 24th of June next.
5 And the aforesd Vinson Meigs Doth Covenant yt if at any time hee shall sell the mill the towne is to have the for sakinge of it. In Witnese whereof we have hereunto Inter- changeably set our hands the present Day and yeare first above written.
VINSON (X) MEIGS his marke.
DECEMBER 9th 1653.
BOOK 2, page 30 .- It is ordered yt the Cappitall Lawes
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RECORDS: TOWN FO EAST-HAMPTON.
and the lawes and orders yt are noted in the Body of Lawes yt came from Conecticut shall stand in force amongs vs.
It is ordered yt a seled measure for oyle and a halfe pound and a pound and a 7 pound wayt shalbe sent for to the mayne.
It is ordered that the share of whale nowe in Controversie betweene the Widowe Talmage shalbe Divided betwene them accordinge as the lott is .- [Crossed in original.]
It is ordered that evry man Doe looke out for whale as his turne Comes beinge lawefully warned by the man Authorized by the towne for that worke and for the neglect herein to for- feit five shillings and stand to the sensure of the Court.
Secondly the towne beinge Divided in two parts are to have two ouerseears to see that evry man Doe his worke, and that all bee Cut soe neere as may bee and if any man Doe neglect his labor in Cutinge he shalbe sensured by the ovr- sears and his Company accordinge to the nature of his of- fence.
Thirdly that the whale beinge Divided every Lott that the Towne gives out from thirteene ackers and vpwards shall have his share beinge possessed and Inhabited : the Division of the towne for this worke is betweene Thomas Chatfilds and Ralph . Daytons and Tho: Tomsons and Tho: Bakers the ovrseurs for the South end are John Hand and Robert Bond and for the North end Thomas Baker and Beniamine Price.
JANUARY 3th 1653.
BOOK 2, page 31 .- It is ordered yt one halfe of the towne shall Carry armes evry Lords Day with fower sufficient Chargs of powder and shott and whosoever is Defective here- in shall pay 12d and if the Sariants see cause at a Dayes warninge to bring armes all the towne.
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RECORDS: TOWN OF EAST-HAMPTON.
JANUARY 13.
It is ordered that noe man shall fall any tree from Ralph Daytons Addition vpon the Common Ground all alonge to William Hedges corner and alonge to the westee end of Good- man Osburnes Addition vpon penalty of payinge 5s a tree. nor vpon any of the comon land between hook pond and the mill gate nor vpon any of the comon land betweene the towne and the plaines vpon the same penalty .- [Crossed in original.]
It is ordered yt every man shall goe to tomorrow if the Drum Doe beat to the swampe to see if the wolves can be killed and hee that absent himselfe shall pay 4s.
FFEBRUARY 1, 1653.
It is ordered yt there shall bee an Invitacon sent to Good- man Mechem of Southold if hee will Come and live here and weave all the townes worke hee shall Come in free from all former Charge and the towne will give him 5£ and breake him vp 2 ackers of land .- [Crossed in original.]
FFERUARY 7 1653.
It is ordered that the Esterne plaine shalbe fensed round by the first of March 1654 vpon penalty of paying 2s 6d a poole for all that is not donne by that day .- [Crossed in original.]
1653 FEBRERY 13th.
Book a, page 822 .- Know all Men whome it May Concerne that I Ralph Dayton of Easthampton vpon long Island doe give vnto my son Robert Dayton at that prest Halfe my land that is vpon the great plaine and one third part of my hom lott and one third part of the Addition ajoyning to it to pay all such rates & taxes as shall arise on the land that I now give him.
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RECORDS: TOWN OF EAST-HAMPTON.
Itam. he is to have the us of my teame & cart & plow and others provided he bear half the Charges in the Maintain- ing of them.
Item. I give to my son Robert half My housing as namly my hous & barne he beinge to bere half the repaireing of them & to bere halfe the Charg in Repairing of the fences the vse of them to be Improved one the whole land and wt prest it comes more by the vs of teame is to be devided betwene vs ; and after the decease of Me Ralph Dayton and My wife I Doe give all the other parts of my lands meadows and housing that be above mentioned to him and his heires Lawfully be- gotten of his body forever in witnes hereof I set to my hand. RALPH DAYTON LS
witnes
Thomas Baker William Hiyd.
The above written Is A true Coppey Compared with the Originall deed of gift and extrated therefrom pr Me THOMAS CHATFIELD, Recorder.
APRILL 4th 1654.
Book 2, page 31 .- It is ordered that whereas there is an agreement betwene the towne on ther pte and Thomas Baker and the other workemen that are to worke on the mill evry man for him selfe and all for the whole to stand to the pfor- mance of the sd agreement .- [Crossed in original.]
It is ordered yt evry man shall stub all the small stubs the whole breadth of thir home lotts and 6 foote wide vpon pen- nalty of payinge 2s 6d p lott by the last of June.
It is ordered yt the Drie heard shall bee Driven out by turnes to wainscott the 2 first Dayes S catell for a Day and to stay with them till night and after wards 4 for a Day and to begin at Ben; Prices .- [Crossed in original.]
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RECORDS: TOWN OF EAST-HAMPTON.
It is ordered yt evry cowe in the heard shall pay 6d to the owners of the bulls and to be set of in the cowe kepinge .- [Crossed in original.]
MAY 23.
It is ordered yt the land betwene the Corner of goodman Davises home lott vnto the first creeke of Georgica shalbe for an oxe paster and the line to rune as thay shall thinke good that lay it out.
It is ordered yt the house yt stands in the Comon agst Joshua Garlickes shalbe brought to some Convenient place in the midel of the towne for a prison .- [Crossed in original.]
NOTE.
BOOK 2, page 74-77 .- Daniell Fairfield a servant of Joshua Garlick, Fulke Davis, John Davis and John Hand, Jr., were brought before the three Townsmen, John Mulford, Thomas Baker and John Hand, on a charge of masturbation, and after extended examination and serious debate and consultation with their Saybrook neighbours, the Townsmen, not deeming the offense worthy of loss of life or limb, determine that Fulke Davis shall be placed in the Pillory and receive cor- poral punishment, and John Davis and Daniel Fairfield shall be publicly whipped, which was done, and was witnessed by the three Townsmen. The above bears date June 8, 9, 10, 12 and 26, 1654.
JUNE 24th 1654.
BOOK 2, page 32 .- It is ordered yt the millitary officers or officer at all tymes when thay see need hath power given them to call out any man or soe many men to imploy them and Com- and them vpon such Dutyes and occasions as from tyme to tyme and at all tymes they shall see needfull for the Defence
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RECORDS: TOWN OF EAST-HAMPTON.
and good of the tyme and place and whosoever shall Disobay theyr Commands for every neglect shall pay 5s and further if the fact requier to stand to the Censure of the Court.
The millitery officer that are Chosen by ye Company namly Thomas Talmage and Thomas Baker are Conferined by the Court.
JUNE 29 1654.
Haveing Considered the Letters That Came from Conecti- cut wherein men are required to assist the power of England against the Duch we doe thinke our selves caled to assist the sd power .- [Crossed in original.]
It is ordered that the Comon medow is Devided for this yeare betweene the towne as namly ffrom Mr James to Good- man Bishops to have all the small pcells about the towne as namly ye Easterne plaine and wainscot georgica and the swamp & harbor and the other part to have the Norwest med- owe and aliwife brooke .- [Crossed in original.]
JULY 3 1654.
Book 2, page 70 .- Lion Gardiner plt hath entered an ac- con of Defamation against goodwife Simons Deft .- [Crossed in original.]
William Mulford plt hath entered an accon against Joshua Garlicke Deft for that the sd Deft hath uttered scandelous speeches against the wife of the sd plt .- [Crossed in original.]
William Mulford plt hath entered an accon against Good- wife Garlicke Deft for that the sd Deft hath vtered scandel- ous speeches against the wife of the sd plt .- [Crossed in origi- nal.
Lion Gardiner and Joshua Garlicke doe wth a Joynt Con- sent agree and bind themselves in a bond of ten pounds never
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RECORDS: TWON FO EAST-HAMPTON.
to stirr in this Accon above writen neither here nor els where and therefore the accon is Crosed .- [Crossed in original]
[signature] LION GARDENER JOSHUA I G GARLICKES marke
AUGUST 15th.
BOOK 2, page 32 .- It is ordered yt the way to the nor- west meadow shalbe staked this Day-[Crossed in original.]
7 BER 4.
It is agreed that this letter beinge an answer being an an- swer to the Secretarys letter of conecticut shalbe sent to the Court .- [Crossed in original.]
7 BER 18 1654.
It is ordered that the Charge of the wateringe place shalbe layd in the towne rate .- [Crossed in original.]
It is ordered yt there shalbe a rate made of 10d p acker.
OCTOBER 3 1654.
BOOK 2, page 32 .- It is ordered yt there shalbe a copie of the coneticut combinacon shalbe Drawen forth as is conven- ient for us and yt all men shal set to thir hands.
Robert Bond Lion Gardiner and Thomas Baker are Chosen for The Three Townes men the yeare ensuinge and William Edwards Cunstabell Luke Lillie Chosen Secrytarie .- [Crossed in original.]
BOOK 2, page 33 .- John Mulford Ralfe Dayton Ananias Concline and Luke Lillie are Chosen by the towne to be as- tistance to the 3 townes men for the Caring on of towne af- faiers according to an Order in yeare 1653.
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RECORDS: TOWN OF EAST-HAMPTON.
BOOK 2, page 36 .- Anthony Waters plt hath entered an accon of Slander agt John Davis deft in the behalfe of his brother John Rose.
Anthony Waters Declares yt John Davis did accuse his brother John Rose of Comittinge such actes as the sd John did accuse others that is of spillinge his seede.
David Gardiner plt hath entered an accon of Slander against John Davis deft.
PAGE 33 .- October 9th .- it is voted by the towne yt the Corne Dew to John Copp for the 1S£ of powder which Rob- ert bond tooke vp for the towne that the Remainder which is all except 5 bushels shalbe payd within 2 Months at the Mill, and for the Damage of non payment till the Date hereof it is Reffered to the Arbitration of Mr Tho: James: Mr Tho: Tap- pine and Mr Lion Gardener each party being bound in the bond of 30£ sterling to stand to their determination .- [Crossed in original.]
NOVEMBER 9th 1654.
It is ordered yt Mr Gardiner shall have power to Call fforth men by turnes to Looke out for whales att all seasons as he shall apoynt for this yeare .- [Crossed in original.]
It is ordered yt theare shalbe a Cart way made over the swamp to the plaines : and yt Mr Gardner and Goodman Day- ton shall Over see the worke and shall Call men att a weekes warning to the worke : & this to be Done betweene this & the Last of ffebeuary. It is ordered the 5 of febueary that the aforesd Order shalbe Crost .- [Crossed in original.]
It is Ordered that John Hand and John Stratten shall veiu all genrall ffences ffor this prsent yeare according to a fformer Order made in the year 1653. And that Every Man shall sett the 2 ffirst Letters of his name at Each Corner of his Lott
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RECORDS: TOWN OF EAST-HAMPTON.
And yt ther shall be 2 sufficient stakes in the Divident Line. -[Crossed in original.]
It is Ordered that Tho: Baker shall keep the Ordinary .- [Crossed in original.]
NOVEMBER 11th 1654.
BOOK 2, page 34 .- It is Ordered that William Simons shall have Liberty to give vp his ffirst Division in the Easterne playne after another Crop & in Consideration of the barren- nes of that Land: he is to have 4 akers joyning to His adi- tion at his home Lott : also William Simons gives vp his ffence with his Lott.
It is agreed upon that Richard Brookes and Samuell Par- sons shall have Tho: Bakers Lott in the little plaine yt is 3 akers and a halfe and 20 pole in Consideration of the badnes of the Land in the Easterne playnes And yt Tho: Baker shall have in Lew of his Land given vp: soe much (agayne) other adioying to the Land yt shall belong to the mill or else to be layd adioyning to his Lott in the next Devision of Land also it is agreed yt Richard Brookes & Samuell Parsons shall breake vp soe much Land for Tho: Baker.
It is Ordered Ralph Dayton John Mulford and John Hand ffor the towne as Comite shall with ffulke Davis apoynt the place whear the said ffulke Davis shall have his Land accor- ding to A fformer grant in 1653.
It is also Ordered yt they shall Doe the Like for Tho: Tal- mage according to his grant of Land .- [Crossed in orfginal.]
It is Ordered that John Mulford shall have yt aker of Land yt belongs to him to adioyne to his lott in the Easterne playnes in the esterne playnes yt is one of them akers which is betweene-
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RECORDS: TOWN OF EAST-HAMPTON.
NOVEMBER 13 1654.
BOOK 2, page 1S2 .- the Corne sent to the Mill by John Osburne for John Cooper was 4 bushel of Wheat And 4 bush- els of Indian.
PAGE 181 D .-
A true Coppie of the depositions taken before Lion Gard- ener & Robert Bond November 30th 1654. Mr Thomas James Deposed testifieth yt being at Robert Bonds in the night that he heard Robert Bondsay yt he Aprhended yt John Cooper was satisfied with the 5 bushels of wheat yt Josua Garlick had taken of his And also hee herd him say the next Morning yt Conserning the whole sum he would not affirme Or deny any thing positively but his Aprhensions yt John Coop: was satisfied with the 5 bushels of Wheat.
John Mulford Deposed testifieth that hearing the Case dis- coursed betwene John Coop: & Robert Bond that he heard Robert Bond say that his Aprhensions was that the property of the Corne was altred for theis Reasons : ffirst because John Coop had disposed of 5 bushels of the Wheat to Josua Gar- lick secondly because John Coop: had putt his Corne to sale also he apoynted Josua Garlick to sell the Corne Another Reson was because John Cooper was engaged to pay Corne as well as Jonas Wood.
LUKE LILLIE Secrytary.
BOOK 2, page 170 .- The testimony of mr Tho:James. John Cooper being at my house the morning before John Mulford Ro: Bond & Tho: Baker came home from Southampton I ask- ed him when thay came home, he replyed he supposed not yet for thers something yett to be Cleared, which cannot be so well Done when they are come away & that he would make what hast he Could possibly home, before thay be come
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RECORDS: TOWN OF EAST-HAMPTON.
away, before vs taken : this being a Copie of a paper delivred to me pr Tho baker.
BOOK 2, page 181 .- Coppies of Depositions taken before Tho: Baker & Robert Bond December 12th 54.
Goody garlick Deposed testifies yt John Coop came thear house & sd yt he could not gett his Corne shee answered no. will not he pay you he sd I cannot gett it nor satisfaction for it except I sue for it & he sd yt thay weare Partners in the bote and he could not sue for it except you give me a letr of atorney & John Cooper Desierd a lettr of atorney & he came twice for it bifore my husband was willing to give him any & she says yt her husband sd he would not give him a letr of atorney, for goodman garlick sayth have not I beene at good- man woods with you and Did not he say he would pay you & you excepted of it & goodman garlick sd I would not give you any to sue for me but for your selfe.
Samuell Parsons Deposed testified yt he being att Goodman Garlick house John Coop being theer Goody garlick saying to John Cooper yt thay gave him the letr of atorney not to sue for them but for him & he did not Deny it & he sd noe dam- age should com to them if thay Did not wrong themselfs.
Goody Bishop Deposed testified yt she being at Goodman Garlick House & John Coop came to goodman garlicks & desierd a letr of atorney to sue for his wheat goody garlick sd will not he pay you he s'd yt he could not gett it except he sued for it yt is she sayth she understood it to be John Coop- ers wheat for sayth he I canot gett the wheat nor nothing else without I sue for it.
EAST HAMPTON December 21 1654.
Robert Bond Deponant testifieth yt when he heard John Cooper say yt he was satisfied with the Corne yt Josua Gar- lick had taken yt then he wished Josua Garlick to goe with
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RECORDS: TOWN OF EAST HAMPTON.
him to see yt he should procure the Corne for John Cooper of Jonas Wood. this Deposition taken before Mr Gardner & Tho: Baker & yt he tould Goodman Coop yt he took the Corne because ther was an Optunity to send it to pequett Mill & yt Consern'g the time when this was spoken I do not Rember
Mr Thomas James Doe testify the same thing in substance as is hear Deposed but being Cald away when the Oath was taken was Hindrd in actuall pformance of the same. this I say Conserning both thoes Depositions.
THO: JAMES Decemb 21 1654.
DECEMBER 25 1654.
BOOK 2, page 35 .- It is ordered yt who soever shall by a warrent be Cald to give his Deposition shall in the Considera- tion of his time have 1s or more according to the expence of time as the townes men shall apoynt.
It is also ordered yt with Respect to the Constables spend- ing his time yt ther shalbe a particuler warrent for every one that is thereby cald before authorytie-and also 4 pence to the Secrytary for the writing it.
Book 2, page 180 B -December 27 1654 .- John Hand & Robert Bond Deposed testifieth yt thay know of an obliga- tion yt is betweene Jonas Wood & Josua Garlick whereby the sd Jonas is bound not to molest or trouble Josua Garlick in any thing yt hath falne out about accounts about the boate : But if John Coop shall trolle the sd Josua about any thing past or to come aboute the same case yt then the sd Jonas Wood would be altogether ffree this theis Deponents testifie to be according to their best Remembrance not have- ing the writing to view ffurthermore this Deponents testifie yt the obligation was pmised yt night when the account was
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RECORDS: TOWN OF EAST-HAMPTON.
made & yt the performance thereof was the next day or the . second day after theis Depositios taken before Mr Gardener & Tho: Baker.
This is also testifid by Robert Bond & John Hand yt when John Cooper Demanded to see the obligation yt Josua garlick denyed to shew it or to give a Coppie of it but sd that if John Cooper would sattisfie him he would Cary it himself & shew it to their Mais trates att South hampton pvided yt John Cooper would pay him 5s a Day whilst he was employed about it ffurther after more Long Discourse after theis Depositions was written about the obligation yt then Josua garlick was willing to Lett John Coop have a Coppie of this obligation pvided yt their was a nother Coppie in the towne booke al- though he had before Denyed it.
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