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 8
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It is Ordered that Ananias Concline shall have 6 akers of Land on the Easterne plaines adioyning to Beniam Prices Lott and in Consideracon of this Land Ananias Concline gives vp 6 akers of his Woodland near the Little plaines.
It is Ordered that Thomas Osbourne shall have 2 akers of Land adioyning to Ananias Conclines Land on the Easterne plaines provided that he gives vp 2 akers of Land on his Sec- ond Devision.
BOOK 2, page 47 .- This Indenture made the eight Day of May in the yeare one thousand Six hundred fiftie & six be- twene John Booth late of Shelter Iland formerly called Men- hansack gent of the one part and Captaine Nathaniell Silvis- ter of the same of the other part Witnesseth that Whereas James ffaret Esqr Deputie for the Right honoble Willm Earle of starling was by purchase from Unkenchie Sachem of pam- manuck & the said Menhansack possest of Menhansack afore- said beinge a member of Long Iland called pammanack as aforesaid or lying nere vnto the same as by a deede of bar- gaine & sale from the said sachen Reference being thereunto had more largely doth & may appeare : And whereas the said James ffarrest by deede under hand & seale bearing date the eighteenth of May one Thousand six hundred ffortie & one for the considerations therein expressed conveyed unto Ste- phen Goodyeare of Newhaven Merchant his heires & assignes for ever the aforesaid Iland of Menhansack wth all the Rivers woods vplands meadowes harbours & creeks & all other the apptening rights liberties & conveniencies whatsoever there- unto in any wise belonginge & appertayninge wth all that
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right title & interest wch the said Willm Earle of Starlinge his heires or assigns or the said James fforrett & his heires or assignes then did or at any time from thenceforth should clayme vs demand together wth the aforesaid originall grant as by the last menconed & recited grant relacon thereunto be- inge had more fully may appeare And whereas alsoe the said Stephen Goodyeare by his bill of sale from Roberd Carmand did stand seised of one Iland comonly called by the name of Roberts Iland scituate lyinge neere Menhansack Iland afore said hee the said Robert carmeand haveinge formerly pur- chased the same of Iyonancam Sachem of pammanack afore- said.
The said Stephen Goodyeare by his deede poll bearinge Date the Nynth day of June one Thousand six hundred ffiftie & one for the consideracons therein expressed did sell convey & make over all his estate right title & interest of in & to both the said Ilands together wth all rights liberties ymuni- ties & priviledges belonging or in any wise appurteininge to them or either of them & theire & either of theire appurtunce vnto Captaine Thomas Middleton Thomas Rous Constant Sil- vister gents, & the said Nathaniell Silvister and their heires & assignes for ever as by the last menconed grant more fully may Appeare and whereas Yoko Sachem of the said Menhan- sack formerly called Unkenchie Actoncocween Captaine Yow- oconogus Sonquoequahesick some of his cheife men by their deede bearinge Date the seaven & twent.eth Day of Decem- ber one Thousand six hundred ffiftie & two for such consid- eracon as therein is expressed Did alien assigne bargaine & sell vnto the said Thomas Middleton Thomas Rous Constant Silvister & Nathaniell Silvister & their heires & assignes for ever All that their Ilands of Ahaquazuwamuck otherwise call- ed Menhansack with all the rivers woods uplands meadows harbours & creeks with all other apptenneg rights liberties BOOK 2, page 48.] and conveniences whatsoever thereunto in
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any wise belonginge & appurteyninge as by the same deede last mentioned may appeare. And whereas the said Thomas Middleton for valuable consideracon purchased of the said Thomas Rous all his fowerth part in & throughout bothe the said Ilands & ioynt stock therevppon for & to the use of the abovesaid John Booth & his heires & Assigns for ever by vir- tue whereof hee the said John Booth became legally possest of the same, hee the said John Booth for & in consideracon of the some of Seaven hundred poundes sterlinge before the sealeinge & delivir hereof in hand payd by the said Nathaniell Silvister to the said John Booth to full satisfaction accordinge to agreement in that behalfe hath granted bargainod & sold & by these pnts Doth fully & absolutely grant bargaine & sell unto the said Nathaniell Silvester & his heires & assignes All his estate right tytle interest clayme & Demand whatsoever of in & to one intire fowerth part of the said Ilands soe bargain - ed & sold as abovesaid & all the Dwellinge houses barne out- houses ffences Orchard yards gardens earable land meadowes marches, harbours creeks woods underwoods comons & com- on of pasture proffitts priviledges ymnnities advantages & easemts wth theire & every of theire appurtennces & stock of cattle in & vpon the said Menhansack y thence called Shelter Iland as abovesaid in as large & ample manner to all intents & Book 2, page 48.] purpose as hee said John Booth mought or ought to have inioyed the same as if these p'nts had not beene thereof had or made To have & to hold the said intire fow- erth part of both the said Iland stock of cattle & all other tha bove granted premises with theire & every of theire appur- enncs unto the said Nathaniell Silvester his heires & assignes To the only proper use & behoofe of him the said Nathaniell Silvester & of his heires & assignes for ever. And he the said John Booth for himselfe his heires executors administrators & for every of them doth covenant promise grant & agree to & wth the said Nathaniell Silvester his heires & assignes & to &
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with every of them by these p'nts in manner & form follow- inge That is to say That hee the said John Booth his heires executors & administrators shall & will warrant all & singuler the prmises above spesified wth theire & every of theire app- tenntncs unto the said Nathaniell Silvester his heires & as- signes against him the said John Booth & his heires & as- signes & all & every other person & persons whotsoever now haveing or wch at any time hereafter shall or may have or clayme any lawfull estate right tytle or interest by from or under him them or any of them his heires or any of their es- tate or tytle. And finally that hee the said John Booth & his heires & assignes shall & will at any time hereafter with- in the space of Seaven yeares next ensuinge the Date here- of att the proper cost & charge of him the said Nathaniell Silvester his heires & assignes Requiringe further assurance ratifie & confirme such legall conveyance under his or their hands & seales when provided and Demanded as aforesaid be- inge comprised within the warrantie herein specified. In witness whereof the parties first above named have hereunto interchangeably sett theire hands & seales the Day and yeare first above written.
JOHN BOOTH.
Sealed subscribed and De- livered in the prsence of GILES SILVISTER DAVID GARDINER THOMAS MAPS GEORGE V MILLER his Marke
EAST HAMPTON May 12th 1656.
Book 2, page 78 .- Memorandum that I Josiah Stanborough of Southampton Doe by thies prsents: Discharge Robert Bond of Easthampton from all bills bond and Obligations ffrom the begineng of the World to the Date hereof : In pticuler ffrom a bill of 12£ : pvided that Robert Bond Deliver 2 barrells of
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pork within 15 Days after the Date hereof vpon Demand, by me Luke Lillie Secritary.
JO: STANBOROUGH.
AUGUST the 21th 1656.
Book 2, page 42 .- It is ordered yt the order in Conecte- cote laws for paying of rates shall stand in force among us.
OCTOBER 7 1656.
It is ordered yt whosoever beinge chosen Cunstabell or Sec- ratary and shall refuse to serve and not give a sufficient rea- son shall pay 30s : and if any that is Chosen Townsman and refuse without a sufficient reson shall pay 40s.
Thomas Talmage is Chosen Secretary for this ensuinge yeare. Richard Stratton is chosen Constable for this present yeer. Lion Gardiner John Mulford & Robert Bond are chosen townsmen for the present yeere.
NOVEMBER Sth 1656.
BOCK 2, page 43 .- It is ordered that conserning mens give- ing in their states for the rates that whosoever shall not give in their whole estates that is visible what ever is not given in acordinge to order the ptie soe Doeing shall lose the one halfe of those goods not given in for the Rate .- [Crossed in origi- nal.]
It is allsoe ordered yt all Depositions that are given shalbe Recorded in the towne booke & the Secretarie is to have what the townsmen shall thinke meet for Doeinge of it.
BOOK 2, page 168 .- Steven hedges Declareth yt he beinge at Georgica a keping goates & hearing some bodie a Drive- inge cattell es he suposed he went to see who it was & find-
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inge there Thomas Burnet a Driveing cattell & steven hedges seing at first sight of him one pied reded heifer wch he knew to be goodman Meachems & when he came nere to him he saw one red cow more of Goodman Merchems & yn coming among ym he saw 3 cowes more of his then steven hedges said unto Thomas Burnet tocase cattell are none of yors saith Thomas Burnet unto me take ym away wherevpon Richard Benet & I Did Drive those cattell before mentioned from him then there was one more black heifer wch was not willinge to be Driven along by & wch Thomas Burnet yn he asked me if I knew yt black heifer I tould him I did not yn saith he I think this is one of our townes cattell & soe he went to Drive her away wth the other cattell yt was before him but yn she would not goe wth him but came back from him to the other cattell yt I & Richard Benet had taken from him & yn I knew her to be Goodman Meachems by her eare marke & Richard Benet being wth steven hedges at the same time, affirmeth this to be a truth and allsoe they both Declare yt thease cattell were unwillinge to be Driven by Thomas Bur- net & yt he was forced to run from one side to the other to drive ym alonge.
NOVEMBER 24th 1656.
BOOK 2, page 43 .- It is ordered that noe man shall let any ground to any Indian for to plant on vpon the penalltie of 2£ for everie acker it is allsoe ordered that noe wiggwams shall bee set vpp by any Indians whatsoever wth in our bounds without leave of the towne on the penalltie of payinge 2£ 10s & it is ordered that what ever Indian Doe set any trapps if he or they be found that setteth it shall pay the sum of 2£ 10s.
It is allsoe ordered that noe Indian shall travell vpp & Downe or carrie any burdens in or through our towne on the Sabbath Day & whoever bee found soe Doeing shall bee lia-
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ble to corporall punishment acording vnto the nature of the offonce
It is farther ordered that John Osborne have libertie to fence front & reare of the high way by his house lott & make Improvement of the same till the towne see cause to make uuse of it only to leave a ffoote way to passe to & fro to the easterne plaine.
BOOK 2, page 150 .- A true coppie of the Deposision of Elizabeth Daiton taken before Lion Gardiner John Mullford & Roberd Bond Desember 3 1656.
This Depont Declareth yt conserninge the bargaine be- tweene John Copper & Mr Gosmore about the horses yt John Copper bought of the said Mr Gosmore yt Mr Gosmore was to have his choise to take 2 mares out of them & 2 mare coults & one 3 mare & one stone coult yerelinge & one horse called hobbie & the said John Copper was to have all the rest After Mr Gosmore hadd his choise & conserninge this Bargain there was a writinge made by Mr Gosmore & yt Mr Gosmore had it in kepinge & likewise This Depont saith yt John wood- roff was to helpe to looke them vpp & farther the said Depont Testifieth yt John Copper was to pay to Mr Gosmore for thease horses in pound bever at 10s pr pound.
DECEMBER 4th 1656.
It is ordered yt John Mullford shall have 5 acres of yt land yt was Goodman Davis in the old Easterne plaine and allsoe 5 acres of land yt was Goodman Simons.
It is allsoe ordered yt Goodman Edwards shall have one acre & a halfe of land yt was Goodman Davis next vnto Good- man Edwards lott ypon the ould easterne plaine. It is allsoe ordered yt Goodman Burdsill shall have one acre of land vp- pon the ould easterne plaine yt was Goodman Davis Joyninge vnto the land of Nathen Burdsill.
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DESEMBER 4th 1656.
BOOK 2, page 42 .- It is ordered yt 4 men shalbe chosen to the 8 townsmen for the caringe & orderinge of towne afaires acording to an order made in the yere 1653 the 4 men is John hand Tho Tomsin Ben Price & Thomas Tallmage.
DESEMBER 8th 1656.
BOOK 2, page 43 .- It ts ordered by the 7 men that for the payment of the towne rate wheate shalbe paid at 4s & 6d pr bushell Indian corne at 3s & 6d pr bushell.
JANUARIE 2th 56.
Book 2, page 150 .- It is ordered yt whoever shall Disert his lot & leave the towne Destitut of an inhabitant by yt meanes he shall lose his part of whale .- [Crossed in original]
FEBRUARIE 4th 56.
Book 2, page 44 .- It is ordered by the 7 men that noe man woman nor child shall plant any Indian Corne wthin 8 fote of any outsid fence nor set any stacks of corne or hay by any outside fence wthin the same compase above mentioned & whoever shall transgres this order shall forfeit the sum of 20s.
It is ordered by the 7 men yt noe man shall cut any bull or ram or bore without he or they Doe cut out both the stones & if any Doe transgres this order it shalbe lawfull for any man to kill any such creture soe found & is any such creture be now in the woods it shall be lawfull for any man to kill them within 2 wekes after the publishinge of the same.
FEBRUARIE 4 1656.
Book 2, page 43,-for the preserveinge of our houses from
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fire in the use of meanes as much as we can it is therefore or- dered by the 7 men yt there shalbe 2 men Appointed for to vew the chemnys to see yt they be well Daubed & kept cleare by swepinge & once A month those 2 men are to goe about the towne and they are to have 2s a time for Doeinge of the same & if any mans chimny be not found suffisient by being well Daubed or sweeped those 2 men are to Apoynt them a time for the mending of the same & if any man shall neclect to Doe it by the same time he shall paie 1s for everie Daies neclect the 2 men are Mr Gardiner & Goodman Concline and alsoe if any man shall goe to build a new house or repaire the timber of a ould chimney that then they shall make catted chimneys vppon the penaltie of payinge of 20s for the Defect of the same the 2 men are to loke to the houses the first weke in the month.
FEBRUARIE 12th 1656.
BOOK 2, page 45 .- It is Agreed by A maior voate of the towne that Thomas Baker shall 20s for all pretended Debts ether that he carted for the myll of fittinge materialls for cart- inge of stuff for the myll.
It is ordered yt whosoever shall rise vp as a falce witnes against any man to testifie yt which is wrong, ther shalbe Done to him as he had thought to have done unto his neigh boure whether it be to the taking away of life limb or goods.
It is ordered yt whosoever shall rise vp in anger against his neighboure and strike him he shall forthwith pay ten shillings to ye towne and stand to the Censure of the Court and if in smiting he shall hurt or wound another he shall pay for the cure and also for his time that he is thereby hindered.
It is ordered yt if any man shall fell any trees in the com- mon that he shall either boult it or square it within six
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months after the trees are feld or els it shall be free for any man yt will to take it away except it be pines.
It is ordered yt whosoever shall slander any they shall be lyable to pay a fine to ye vallue of 5 pounds if the men in au- thoritie see meete or any sum vnder yt they see good to In- flict but not above.
BOOK 2, page 49 .- Articles of agreement had made Con- cluded & agreed on the twentieth Day of february one thous- and six hundred fiftie & sixe betwene Captaine Nathaniell Sil- vester of Shelter Iland on the one part and Mr John Booth of Southould of the other part as followeth (viz
Imprimis the said Nathaniell Silvester Doth Discharge ye said John Booth his heire executors & administrators of all Disbursements and Charges Whatsoever made by ye said Nathaniell Silvester and Mr Constant Silvester of Barbados toward ye said John Booths 1 qter part formerly had of Shel- ter Iland.
Item ye said Nathaniell Silvester is to Discharge ye above said John Booth his heires executors and administrators of the states Debt left by him unsatisfied at his comeinge from Bar- bados for prise goods bought of ye Commissioners allwaies provided ye said Debt exceed not ye sum of eighteene thous- and pound of sugar.
Item ye said Nathaniell Silvester is to give the said John Booth possession of one halfe part of Roberts Iland for him his wife and Childs life time and to that end to give him ye said John Booth a firme bill of sale for the one halfe of the said Iland. But in case ye said John Booth remove from Longe Iland yn ye said halfe part of ye Iland aforesaid to be surren- dered vpp to ye said Nathaniell Silvester his heires executore & administrators hee or they payinge twentie five pound to the said John Booth his heires executors and administrators & likewise pay for the Improvemt of the said land whether by husbandry or any other waies bettered since ye said John
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Booth had first possession of it as it shalbe Judged by Indif- ferent men of each side chosen and in case ye cannot agree then a fift man to be chosen by the parties above mentioned.
Book 2, page 50 .- And in case the said John Booth see cause to Remove to long Iland againe then the said Nathan- iell Silvester to Deliver vpp to the said John Booth the afore- said halfe part of Roberts Iland provided the said John Booth pay to ye said Nath: Silvester whatsoever he Received of the said Nath: Silvester at his leaveinge the said Iland & what other charge ye said Nath: Silvester shall lay out for the Im- provement of ye same as it shall be Judged by suffisient In- different men of each side chosen as abovesaid.
Item the said Nath Silvester ingageth for himselfc his heires executors and administrators that the said John Booth shall not be troubled molested or pestered with any cattle whatsoever of Mr Constant Silvester or himselfe for his or their part of the said Iland and further the said Nath Silvester ingageth that the said John Booth shall not bee molested or troubled by ye said Mr Constant Silvester or himselfe in mat- ter of trade whatsoever but to remaine wholly to ye said John Booth for twelve yeeres.
Item It is agreed that the said John Booth shall make over unto ye said Nath: Silvester his heires executors and ad- ministrators all whatsoever is Due him the said John Booth in Barbados from Mr Constant Silvester and all other Debt or Debts whatsoever Due to ye said John Booth in Barbados from all and every manner of person or persons whatsoever made from his first comeinge to Barbados till his Departure from thence in the shipp Swallow be it for Commodities sould there which were brought out of England or prise goods sold or otherwise either by himselfe or any other in his behalfe and to yt end to Impower the said Nath Silvester by a firme letter of atturney to Demand & receave for the said Nath Silvester his vse his heires executors and edministrators all those Debts
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above menconed be it by bill booke bond obligacon or any other way whatsoever.
Item The said John Booth is to give ye said Nath: Silves- ter an exact accompt of all Debts due unto him in Berbados to the best of his knowledge.
Item ye said John Booth Doth Discharge ye said Nath: Silvester his heires executors and administrators of all goods that ye said John Booth hath put into ye said Nath Silvesters hands to sell for him in New England or else where and ye produce made in the Iland of Navis or else where to bee for the said Nath: Silvester his use his heies executors and ad- ministrators for ever.
Item ye said John Booth Doth fully acquit and Discharge the said Nath: Silvester his heires executors and administrators of all goods whatsoever ye said John Booth brought out of England or was intrusted withall in any manner by any pson or psons whatsoever or any other demands of them in any kind whatsoever.
BOOK 2, page 51 .- Item it is agreed that ye said John Booth shall not trouble nor mollest any Indian or Indians be- longing to Shelter Iland yt shall come to Roberts Iland to fish for shells or Catch any other fish whatsoever about Roberts Iland but shall freely permit and quietly suffer the said : In- dians to fish as above sd.
Item that ye said John Booth shall not put his share of Roberts Iland or any part or parts thereof vnder any governe- ment or Jurisdiction whatsoever either in New England or elsewhere without ye Consent & approbacon of the said Nath Silvister but ye said Iland and all and every part thereof to remayne free and enioy ye same priviledges that Shelter Iland Doth as hitherto it hath Done since bought of Mr Stephen. Goodyeare. And lastly we ye abovesaid Nathaniell Silvester and John Booth Doe faithfully promise each to other their heires executors and administrators to performe ye abovesaid
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articles of agreement wthout fraud or loven and to yt end wee abovesaid doe agree that these said articles bee forth with spedily recorded in the towne of Easthampton vppon leave there granted-
In witnes whereof wee abovesaid have interchangeably set to our hand and seales ye Day and yeare first above written.
NATHANIELL SILVESTER, JOHN BOOTH.
Signed and sealed in ye presence of ffrancis Brinley, Lion Gardener, Thomas Tallmage.
BOOK 2, page 51 .- Know all men by these presents that I John Booth of Southhould have remised released and quit- claimed for ever and by these presents Doe for me my execu- tors administrators and Assignes remise release and for ever quit claime vnto Capt Nathaniell Silvester of Shelter Iland his Executors Administrators and Assignes all and all manner of actions and suites cause and causes of Actions and suits bils bonds writinges and Accompts Debts Duties reckonings sum & sums of money controversies Judgments Executions and Demands whatsoever wch I ye said John Booth ever had or wch my Executors Administrators and assignes or any of vs in time to come can or may have to for or against the said Capt Nathaniell Silvester his Executors Administrators or As- signes for or by reason of any matter cause or thinge Whatso- ever from the beginninge of the World vntill the Day of the Date hereof.
Witnes my hand and seale ye 20th of februe 1656 .. This
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writing in cludes not any thing of any matter wtsoever after ye sealing hereof.
JOHN BOOTH.
witnes herevnto Lion Gardiner, ffrancis Brinley, Thomas Tallmage.
PAGE 52 .- Know all men by these presents yt I John Booth of Southhould have reseived of Nathaniell Silvester of Shelter Iland ye full and iust sum of foure hundred pound sterlinge wch said sum of foure hundred pound is in full satis- faction of a bond given me ye said John Booth I say receaved ye 20th of februarie 1656.
JOHN BOOTH.
Witnes hereunto ffrancis Brinley, Thomas Tallmage. if another Coppy be desired let this inserted be anexed to it
EASTHAMPTON Aprill 7th 1657.
Book 2, page 44 .- It is ordered yt whereas formerly there was by Agrement from an Act and order made amonge vs that one Generall Court should should be houlden the first 3 Day of Aprill it is vppon some consideracon ordered that for time to come this Court shalbe houlden the first 3 Day of March & the other court for election to stand as formerly wch is the first 3 Day of October .- [Crossed in original.]
it is agreed by the voate of the towne yt the bargaine yt Goodman Davis made wth Goodman Birdsall in selling of his land is anullified and not to stand.
PAGE 45 .- May the 4th 1657. It is ordered yt Ananias Concline shall view the generall fences and whearsoever he
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shall find any defect he shall give a chop on the raile and give notice to ye owner and whosoever doth not mend his fence within two days after he hath warening given shall pay 12d a day for everie length for every Day yt it remaines unmended and shall pay all Damages that shall cum by yt fence and this order to be observed both winter and summer and to be a standing order, the hight of ye fence is to be 3 foot and 10 ynches and ye 3 lower railes not to be above 5 ynches asun- der .- [Crossed.]
EASTHAMPTON May 28th 57.
BOOK 2, page 44 .- It is ordered by the 7 men yt for the preventinge of contention about grinding yt mens corne shal- bee ground acording as they bringe it as nere as may bee pvided yt noe man shall exceede 3 bushells to bee ground at one time if others bee in want and allsoe yt the Millar shall have libertie to grind one bushell for any man if the myllar see cause soe to doc yt is to say if a man staud in need and want.
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