Records of the town of East Hampton, Long Island, Suffolk Co., N.Y., with other ancient documents of historic value, volume III, Part 14

Author: East Hampton (N.Y.); Hedges, Henry Parsons
Publication date: 1887
Publisher: Sag-Harbor, J. H. Hunt, printer
Number of Pages: 552


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 III > Part 14


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Richard Shaw the length of his home lot is 71 pole & his own breadth is 10 pole & by that account we find it to be four acres & 70 pole & the length of his addition that is the old addition is 101 pole & a half & the length of his new ad- dition is 18 pole & 4 pole is left for the highway & five feet, & the breadth of his addition is 17 pole & 10 feet & by our account we find there to be 13 acres & about 50 pole.


An account of the dimensions of a piece of land granted to Tho Edwards dated January the 7th 1708-9,


Viz, five acres bounded to the N W about 4 rods S E of Accabonic path and all other parts by the present Common being a little North E from little worth and lies about or near sqare something on a diamond.


An account of land said Edwards hath laid down out of his house lot for purchase of said five acres viz : the bounds there-


202


RECORDS: TOWN OF EAST-HAMPTON.


of on the S West end thereof begins at the East or S E side of said lot and runs within about 4 feet of the East corner and so by the N E side of said barn within about 14 or 15 feet of the North corner of said barn and so by that line direct over to the North W side of his lot bounded to the N. W. from the N W end of said line to the full length of said lot N E-wards. Tho Edwards one piece of land divided to him bounded by Joseph Stretton's land bought of Daniell Bishop to the West, South by Goose Creek East by land of Wm Edwards North by the present : about 10 acres & near ¿ more or less : one piece in Ameganset 19 acres be it more or less bounded Rob- ert Dayton part on the S West side and part by Common land to the North W end by common land : to the N E by Daniel Jones : to the S E by a highway that goes to J C Brick kills 13 acres of which is from R Shaw out of said di- vision.


The within list is a rate levied per order of the Trustees for the discharging all debts justly due for the fencing the hither end of Mantak and clearing off superfluous cattle and horses from the same and other incidental charges relating to general herding or pasturing there : said rate rises at £1 10s 10d per share and is in the whole. 60 10 5ª The grass money added thereto makes 13


So that the total is. 69 3 52


The charge put in said rate is 65-11-4, there being so much balance that there yet remains £51 03s 062d to be paid out of said rate where you are to observe under the two columns to the right hand & you will find £53 11 004d out of which you are to pay as you are here directed viz :


To Will'm Osborne for horse hunting one day . .. 0 3 0 To John Shaw for fencing & tending the bars. .34 13 3 To Jonathan Brookes for work. 0 3 0


203


RECORDS: TOWN OF EAST-HAMPTON.


To the Trustees for the Indians 40s, interest ... 2 0 0 To Jonathan Baker for fencing and other labor .. 18 18 3} To Tho Chatfield for writing and making this


rate 0 11 02


51 08


So that the balance will be £2 2s 4}d.


Book 4, page 101 .- The under written several articles of charge were allowed and ordered by the Trustees of the Free- holders and Commonalty of the Town of Easthampton at their legal meeting January the 11th 1708-9, the same to be levied on the fatting pasture in due proportion to each person ac- cording to his or their propriety there, viz :


To herding cattle from the 23d day of June to the


18th day of October 118 days at 1s 6d per day .. 8 17 0 To 127 poles of new fence at 1-10} per pole. 11 18 1}


" moving a part of fence of said pasture 1 0 0


" Jeremy Conklin for two days labor. 5 3


" Capt Conkling one day tending the bars 2 77


" the Widow Shaw one day 2 73 " Tho Chatfield for writing severals for said pas- ture. 3 43


" six pound per order for Quit rent and Indian interest 6 0 0


" making rate on said charge 4 0 To making this account 1 0 0


To herding in the Indian field from October 18th day to December the 9th at 1s 1zd per day makes £4 17s 6d the one half charge to this ac- count as on the other leaf makes 2 S 93


31 2 9 There remains overplus £1 4s Od, which above charge is paid by a rate 29 6 2 And by John Shaw's debt on the other leaf. 2 15 6


204


RECORDS: TOWN OF EAST-HAMPTON.


The under written several articles of charge were allowed and ordered by the Trustees of the Freeholders and Common- alty of the Town of Easthampton at their legal meeting Janu- ary the 11th 1708, the same to be levied by a rate made up- on such running stock as were herded in the Indian field at Mantaket for the year past in equal proportion, Viz :


£ S


d


To John Mulford. 0 2 7Zł


" Capt Hobart one day 2


" William Hedges one day 2


71


" Aaron Fithian one day. 2 77


" Benj'm Osborne one day 2


Daniel Miller


2 71


David Conkling 66


2


7₺


Capt Wheeler 66


2 72


Thomas Baker 66


2 71


Beriah Dayton 66


2 72


To Capt Conklin for getting the number of said cattle. 0


9 0


To half the herding from the 18th day of October


to the 9th day of December at 1s 102d per day 2 8 94 To John Field for so much unpaid to him the last year. 0 13 1 }


To Tho Chatfield for making rate and entering


4 0 the above charge. 0


Which said charge is paid by a rate, the sum of 5 1 12 £5 13s 12d levied upon stock to the number of 1577.


The year 1708-9.


The charge about fencing and herding in the fat- ting pasture makes. 21 15 12


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RECORDS: TOWNS OF EAST-HAMPTON.


Half the charge of herd in Indian field from the 18th of October to the 9th day of December at 1s 102d per day makes. 2 8 9


24 3 10% Out of which deduct the pasture of seven cows at 6s 9d per head 2 7 3 And for cash. 0 8 3-2 15 6 Remains due to John Shaw as a full balance for


these performances 21 8 4₺


Book A, page 19 .- Ordered by the Trustees of the Free- holders and Commonalty of the Town of Easthampton with the general consent of the Freeholders of said Town on the 19th day of January 1708-9 in manner as followeth Viz :


That for the preventing the disorderly improvement of the general pasture of the said Town there should be a sufficient fence erected and maintained from the South to the North side or into Napeage harbor at the discretion of said Trustees for the separating Mantak so entirely by itself that each per- son may have equal improvement there according to his right in the pasturage thereof.


Also the Trustees did order on the day and year abovesaid with the general consent of said Freeholders that there should be a sufficient fence erected and maintained, the same to be- gin at the upper or Northwest end of John Miller's Close at Wainscot and from thence to keep the bound line between said East & South Hampton as near as may be till the same be brought to the Northermost bound mark of said bound line and so into the water for the preventing Southampton cattle trespassing on us or ours straying to them, the same to be made and set up, each person doing reasonable and proper part of the same according to what right of allotment he pos- sesses in said Town Common, the same to be completed by


206


RECORDS: TOWN OF EAST-HAMPTON.


such time and such manner as the said 'Trustees shall direct and in such place as shall be rightly staked to each person according to their succession by the cast of a lot on that re- respect, and that each person concerned should undergo such penalty for default of not performing said order or any part thereof as the said Trustees shall award, and said fence being made and set up as abovesaid. It was then ordered by said Trustees with general consent as abovesaid that the fence and every part thereof should be maintained at the public charge of all persons interested in said Town Common said being duly proportioned to each person according as he or they are interested in the same.


Book G, page 57 .- (Abstract.)-This Indenture made the 15th day of March 170S-9,


Between John Hopping of Easthampton in the County of Suffolk upon the Island of Nassaw in the Colony of New York, in America, Yeoman, of the one part, and Josiah Ed- wards of the same place, Yeoman, of the other part, Witness- eth, that the said John Hopping for and in consideration of Forty-four pounds and ten shillings to him paid, hath granted and sold unto the said Josiah Edwards and his heirs forever, all that his last division of land containing Twenty-five acres and half, more or less, as it was laid out in Ameganset woods, by the Town measurers between the land of John Davis West ward and the land of David Conkling Eastwards, To have and to hold the same forever and doth warrant and defend.


In witness whereof the said John Hopping hath hereunto set his hand and seal the day and year abovesaid.


JOHN T HOPPING. [L.s.]


In presence of The mark of JOHN X EDWARDS RECOMPENCE CARLE


207


RECORAS : TOWN OF EAST-HAMPTON.


Acknowledged same day before JOSIAH HOBART. Entered and compared by THO CHATFIELD, Town Clerk.


Book G, page 572-(Abstract.)-This Indenture made the 15th day of March 1708-9,


Between John Edwards of Easthampton in the County of Suffolk upon the Island of Nassaw in the Province of New York in America, Cordwainer, of the one part, and Josiah Edwards of the same place, Yeoman, of the other part, Wit- nesseth, that the said John Edwards for and in consideration of three acres of land which was laid out to the said Josiah Edwards at Ameganset as his last division between the land of Isaake Stretton Westward and the land of Capt John Wheeler Eastward, as also of Five pounds and ten shillings in hand paid, hath granted and sold unto the said Josiah Ed wards and his heirs forever, one sixth part of share of the hither end of Mantaket as far East as the Fort pond, To have- and to hold the same forever, and doth warrant to defend.


In witness whereof the said John Edwards doth hereunto set his hand and seal the day above said.


The mark of JOHN X EDWARDS. [L.s.]


In presence of The mark of JOHN H HOPPING RECOMPENCE CARLE


Acknowledged same day before


JOSIAH HOBART. Entered and compared by


THOMAS CHATFIELD, Town Clerk.


Marks, page 23 .- Thomas Wheeler declareth his ear mark


208


RECORDS: TOWN OF EAST-HAMPTON.


for horses, neat cattle and sheep to be an Ell L on the upper or fore side of the left ear and a half penny on each side of the right car, entered March the 14th 1708-9.


By THOMAS CHATFIELD, Town Clerk.


Book 4, page 76. April the 5th 1709, then were elected for Trustees.


Onesimos Talmage


Robert Parsons


Mr John Mulford


Mathias Burnat


Tho Chatfield


Will Edward


Tho Mulford


Nath'll Baker


Jeremy Miller


Jacob Schellinx


Benj. Osborn Joseph Osborn Jur


For Constables were elected Abiell Carle Thomas Talmage


For Assessors were then elected Ichabod Leek Luis Conk- ling.


For Supervisor was then elected Capt John Wheeler.


For Collector was then elected Thomas Talmage.


Said 5th of April 1709 then granted by a major vote that Thomas Baker have so much land laid out to him on the far- ther side of Hand's Creek as he doth effectually lay down and render back to the Town of what was laid out to his allot- ment on the West side of the Three Mile harbor, being part of fifth division, the same left to the Trustees to answer his request.


Test THO CHATFIELD, Town Clerk.


Book A, page 20 .- April the 5th day 1709 it was granted by a major vote that Thomas Baker thould have land laid off of the Common to him joining to his meadow for convenience of fencing, provided he lay down so much lotted land to the Town as he takes up.


Book 4, page 99 .- April the Sth 1709 Easthampton. Then


209


RECORDS: TOWN OF EAST-HAMPTON.


at a legal meeting by warrant it was ordered by the Trustees of the Freeholders and Commonalty of the Town of East- hampton that for the completing the fence at the hither end of Mantaket, there be three men sent to get the timber, forth- with-namely


Jaacob Schellinx one day.


Jonathan Baker 66 Jonathan Brookes and did adjourn to the 12th in- stant, and did then order that ten or twelve men be sent to measure the fence and put up the water fence, namely ---


William Edwards one day


Jaacob Schellinx


Capt Wheeler


Tho Mulford 66


Tho Chatfield 66


Capt Conklin


Jeremiah Miller


Benj'm Osborn


46


Joseph Osborn Tanner,


Onesimos Talmage, and did adjourn to the 15th instant, 5 of clock in afternoon, and did then debate about a keeper of the general pasture there, and did then adjourn to the 16th instant at 4 of the clock in afternoon. Then ordered by the Trustees that every person concerned in stock or right at Mantak do give a just account of what number of cattle they have on said land to such person of said Trustees as shall be ordered to ask the same, and that each person that shall hire pasture at Mantak do bring a certificate from whom he hires, otherwise not to be entertained, and did adjourn their meet- ing to the 21st day instant, 4 of the clock in afternoon.


4 Then ordered that no man have at common pasture on Mantauk more than at the rate of 76 neat cattle to one whole share of Common pasture, except bulls and calves fallen with- in this present year, and that whosoever have more than their


210


RECORDS: TOWN OF EAST-HAMPTON.


right will entertain as abovesaid, do fetch them off from said pasture within four days after publication hereof.


And said Trustees did then order and agree with John Shaw to tend or keep the gate or bars (the entrance to said pasture) to receive and keep an exact account of what cattle are put thereon, and what brought off so that no person have benefit there more than is his right, and that the charge of his tend- ing and all other charges expended by the Trustees appoint- ment be levied and rated on each person or persons according to what right he or they have in said general pasture.


Who then did farther order that if any person or persons being so rated and levied upon as abovesaid, shall refuse to make due payment of his or their part of said charge, it is and shall be lawfull for the deptuted collector of said rate to make distress upon the goods and chattels of every such per- son or persons so refusing after distress being made as above- said to put said goods to public sale to the highest bidder, and out of the effects or produce of said goods so sold, to pay such refuser's part of said rate and incidental charges there in, and returning the overplus if any be, where distress made, and did adjourn to the 26th inst at 5 of the clock in afternoon.


The said Trustees did then appoint that Nath'll Baker do go to Mantak on the morrow and procure the South water fence to be more perfectly completed. And also that there be a sufficient number of men sent to clear and bring all horse kind off from Mantake into the Town Street, and did order that the charge thereof be levied and paid as per herding or tending aforesaid, and did adjourn their meeting to the 28th instant, at 6 of the clock in afternoon.


Said Trustees did then order that 5 or 6 men be sent on the morrow to fetch those horses off from Mantak that were there left and should have been brought off this day, and did permit that Theoflos Willman do put 2 or 3 stone horses there so they be taken off before the May ensuing be out, and did


211


RECORAS : TOWN OF EAST-HAMPTON.


adjourn their meeting to the second day of May 1709 at 5 of the clock in the afternoon.


Then ordered that the several orders for receiving cattle in- to the general pasture at Mantake, and opposing and pound- ing of wrong cattle at or from out of said pasture be published the sixth 1709, and to be performed at the beat of the drum, and did adjourn to the tenth instant at 5 of the clock in the afternoon.


And did then agree with Cornelios Miller in manner as fol- loweth, Viz : That the said Cornelios did then engage to take charge of the fatting pasture at Mantake and mend all the fence thereto belonging, so that it may be sufficient to pre- vent all sorts of horses or cattle from trespassing therein (ex- cept unruly) and to keep all such cattle within said field being there put as have right there to be. And with all carefulness and diligence daily and hourly at all times to turn out all such cattle, horse or horse kind that shall be found within said pas- ture trespassing as abovesaid, if through accident any should so happen, and to continue said fence both into the water and on the land in such repair as abovesaid during the whole time of pasturing cattle there for fatting this year, for and in consideration of said Miller's performance as abovesaid, the said Trustees did then covenant and engage to and with the said Cornelios Miller that he should have paid unto him, his heirs or assigns the full sum of nine pence current money for each day counting from the time of putting cattle in for fatting until said Trustees shall see cause to release him from that work and did farther allow him pasturing for two cows and one horse in said field, and one horse on the outside, and 4 or 5 swine and liberty to fence and improve one acre or two of land on the outside. Then adjourned to the 17th instant, 5 of the clock in afternoon. According to adjournment said Trustees did meet said 17th day of May and did order that the fatting pasture be cleared forthwith, and did adjourn their


212


RECORDS: TOWN OF EAST-HAMPTON.


meeting to the twenty-fourth instant at 5 of the clock in the afternoon.


According to adjournment said Trustees did meet and did then order that two men be forthwith sent to Mantake to clear off such cattle or horse kind as were there pasturing and not having right there to be, and yet not trespassers within the" Town order in that respect.


And whereas by a Town order bearing date May the sec- ond 1709 it is deemed lawful to impound any horse kind or neat cattle trespassing in the general pasture at Mantake, as there described and that several persons seem to decline pounding of such trespassers by reason of the difficulty that may accrue to any who shall impound and expose such tres- passers to open sale as there directed.


Now for the more effectual performing the same and the moving such difficulty the Trustees of the Freeholders and Commonalty of the Town of Easthampton being legally con- vened said 24th day of May, do order and depute Mr. John Mulford of the said Easthampton to assist in the sale of any such trespassers, being impounded according to the tenure of said order and not redeemed by the payment of the penalty as is there described, ratifying, allowing and holding for firm and good whatsoever the said Mr John Mulford shall do or cause to be done in and about the premises according to the tenure of said order as though themselves in person were the actors and performers of the same, and did adjourn their meeting to the first day of June 1709 5 of the clock after- noon.


According to adjournment said Trustees did meet said first day and did farther confirm the above order about pounding and selling horses and did order the same be published and also that notice be published that the sheep be parted on sec- ond day next and did adjourn to the Sth day instant at 4 of the clock in afternoon &c.


213


RECORDS: TOWN OF EAST-HAMPTON.


And did then adjourn to the 14th day 4 of the clock in the afternoon, then broke by reason of the muster at S hampton.


June the 18th 1709, then at our legal meeting by warrant it was ordered that the cattle be turned in for fatting on the 22d day of this June, at the rate of twelve neat cattle to one whole share, counting three weaned calves fallen within this year proportionable to one neat beast.


Also that no person enlarge his number there the next year by reason of not filling up his right there this year, except his right be broken, and that whatsoever horse kind shall be found within this Town's fatting pasture shall be counted as trespassers and liable to be dealt with accordingly, except such whose owners or riders are there on necessary business and have right in said pasture, also that all charges relating to said fatting cattle or said pasture be levied on and paid by each person interested in said pasture in proportion according to what right each person hath in said pasture.


Also that no cattle be received into said pasture but from those who have right therein or do bring certificate from such who are proprietors therein set up in public said 18th day. By order said meeting adjonrned to the 28th day instant at 4 of the clock in afternoon.


Then said meeting adjourned to the 5th of July 5 of the clock in afternoon.


Said 5th of July it was ordered by said Trustees that all mowable grass lying in common to this Town's use shall be sold on the 15th instant to the highest bidder that shall then appear, paying ready money for the same, and did adjourn said meeting to the 12th day of said July 5 of the clock. in afternoon.


JULY the 15th.


Page 96 .- Thomas Chatfield Debtor by cash then


received of Sam'll Parsons Jur. for for all mow-


214


RECORDS: TOWN OF EAST-HAMPTON.


able grass lying common on this side Mantake,


Viz.


.0


6


5


Ditto 15th day debtor by cash then received of Tho


Mulford for all mowable grass beyond the great pond. 1


1 6 Credit by the Criers fee three particular sales at 43d


each .. .0 1


July the 2Sth. Then at our legal meeting of the Trustees it was demanded of Nath'll Baker that he and those concerned with him that they do pay to the use of the Town the sum of five pounds for what they had got and were getting at Man- take to the quantity of twelve load, and did adjourn their meeting to the 29th instant at 5 of the clock in the afternoon.


According to adjournment said Trustees did meet on the said 29th where said Nath'll Baker did engage to pay the sum of Five pounds for said hay to the quantity of twelve loads, and if what they have already cut do make more than Twelve loads then to pay for the whole as twelve loads to five pounds and did order that men and carts be procured and improved to clear the watering place at the rear of Lion Gardiner's home lot forthwith, the charges whereof to be paid by the public.


Also did then order that a man or men be sent to cause the fence on the hither end of Mantak to be set farther into the sea, and did farther order that there be set up in pubtic an order to prohibit any farther mowing at Mantak in the In- dian field except what is the Indians right there to mow, and did adjourn their meeting to the second day of July. Said order was published July the 31st declaring all to be trespass- ers that shall there mow abovesaid.


According to adjournment said Trustees did meet and did adjourn to the 9th inst four of the clock at night.


Who did then order that John Shaw be sent to for to do up


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RECORDS: TOWN OF EAST-HAMPTON.


the water fence more effectually and adjourned their meeting to the 16th instant at four of the clock in afternoon.


It was then ordered that John Shaw do desist any further continuance as keeper of the general field, and did order Na- thaniell Baker to give him notice thereof.


And did then order that the rams be separated from the ewes on Monday next and the ewes and lambs sent to Man- take with speed, and did order that notice be set up in pub- lic thereof on the next Sabbath, and did adjourn their meet- ing to the 23d instant at 4 of the clock in the afternoon.


Book 4, page 96 .- The wife of Robert Harris warned to depart the Town by Mr. John Mulford on the 17th day of August 1709.


Know all men by these presents that I Nathaniell Baker of Easthampton do acknowledge myself lawfully indebted to the Trustees of the Freeholders and Commonalty of the Town of Easthampton in the just sum of Fifty shillings current money of the province of New York, for and in consideration of a quantity of hay cut and made by me and my son Jonathan Baker at Mantake, the which I do engage shall be paid by discount by part of what is due tomy said son for fencing at the hither end and several performances of my own by the sd Trustees order as attest my hand this 19th day of August 1709.


NATHANIELL BACKER.


Test THOMAS CHATFIELD, Town Clerk.


August the 23d according to adjournment said Trustees did then meet and instead of sending the lambs and ewes to Mantake, did agree and order that Simon do drive and tend the wethers at Alewive Brook Neck, and did adjourn their meeting to the 30th inst. at 3 of the clock in afternoon.


216


RECORDS: TOWN OF EAST-HAMPTON.


According to adjournment said Trustees at their legal meeting said 30th day and did order the remnant of rams left about the Town be sent to Mantake at public charge, to be paid by sheep money. And did then order that notice be given for the sale of liberty to mow what mowable grass may be found within the Indian field, provided they, the buyers, cut no other than where the rushes grow within said field, and also what of any kind may be found mowable on the Island in the great pond called Munchoag, said sale to be made on next second day at the place and time of the sheep on that day, unto the highest bidder that, shall then appear, he or they paying ready money for the same, and did then farther order that there be no mowing, cutting or any way saving of hay or stalks in order to fodder cattle there with other than what has been or is above mentioned, on the pen- alty of undergoing such severity as is justly due to those who are trespassers, according to what shall any person or per sons shall mow, cut or save as aforesaid on any part of Man- tauk, except what is reserved particularly for the wintering the Indians stock withal.




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