Records of the town of East Hampton, Long Island, Suffolk Co., N.Y., with other ancient documents of historic value, volume III, Part 7

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 7


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81


RECORDS: TOWN OF EAST-HAMPTON.


In witness whereof, the said James Barber doth hereunto set his hand and seal the year and day first above written. JAMES BARBER. [L.s.] In presence of


JACOB BAILERGEAU, HOBART STANBOROUGH.


Acknowledged same day before


JOSIAH HOBART.


Entered and compared by THOMAS CHATFIELD, Town Clerk.


Book A, page 1852 .- The first day of March, 1703-4, Isaac Stretton and Benjamin Stretton divided their home land left them by their father in his last will, and they both agreed, and Isaac took the lot to the northeastwards that was laid out by the town of East-Hampton unto their said father, Richard Stretton, and Benjamin, by joint consent of them both took the lot to the southwestward which their father bought Stephen Osborne lying next the same.


The last above written is a true copy extracted out of the original agreement and extracted theretrom per THOMAS CHATFIELD, Town Clerk.


Book A, page S9 .- Received of Ebinezer Leeke, Collector of East-Hampton, in the county of Suffolk, on account of the £1,500 tax for erecting the Battery in the Narrows, the sum of nine pounds, ten shillings. Witness my hand this 3d of March, 1703-4.


THOMAS BYERLY, Collector.


9-10-0.


The above written is a true copy extracted out of the original receipt and compared therewith per


THOMAS CHATFIELD, Recorder.


82


RECORDS: TOWN OF EAST-HAMPTON.


Book G, page 40 .- (Abstract.) This Indenture, made the sixth day of March, 1703-4, between Richard Shaw, of East- Hampton, in the county of Suffolk, upon the island of Nas- saw, in the colony of New-York, in America, yeoman, of the one part, and Frances Noyce of the same place, taylor, of the other part. Witnesseth, that the said Richard Shaw for and in consideration of the sum of forty pounds to him in hand paid by the said Frances Noyce, hath granted and sold unto the said Frances, and to his heirs forever, a certain parcel of land butting on the town street to the eastward, to be ten . poles wide at the street front to begin at Robert Hudson's land, and so ten poles in the front, and to continue that breadth up the lot until it amounts to Four acres. To have and to hold the same forever, and doth warrant to defend.


Notwithstanding what is written about the bounds of the said land it is to reach from the street to Brookes his addi- tion and so to go upon a square until it makes up the Four acres in an equal breadth both front and rear.


In witness whereof, the said Richard Shaw hath hereunto set his hand and seal the day and year first above written.


The mark of


RICHARD R S SHAW. [L.s.]


In presence of SETH PARSONS, JOSIAH HOBART. Acknowledged same day before


JOSIAH HOBART.


Entered and compared per


THOMAS CHATFIELD, Town Clerk.


Book G, page 26 .- (Abstract.) This Indenture made the 21st day of March, 1703-4


Between James Barber, of the town of East-Hampton, in


83


RECORDS: TOWN OF EAST-HAMPTON.


the county of Suffolk, upon the Island of Nassaw, in the col- ony of New-York, mason, of the one part, and Jacob Baile- reau, merchant, of the same place, of the other part. Wit- nesseth, that the said James Barber for and in consideration of the sum of Eleven pounds and ten shillings to him in hand paid by the said Jacob Bailergeau, hath granted and sold unto the said Jacob and to his heirs forever, One quar- ter of an acre of land lying and being in the town of East- Hampton aforesaid, next unto the land of Benjamin Stretton to the Southward, and so to be four poles in breadth towards the town street to the eastward, and ten poles long to the westward. To have and to hold the same, and doth warrant to defend.


In witness whereof the said James Barber hath hereunto set his hand and seal the day and year first above written.


JAMES BARBER. [L.s.] In presence of THOMAS DIBELI, HOBART STANBOROUGH. Acknowledged same day before


JOSIAH HOBART.


Entered and compared per THOMAS CHATFIELD, Recorder.


Book G, page 273 .- These presents witnesseth that where- as I, Jacob Bellargeau, have bought of James Barber, a quar- ter of an acre of land next the land of Benjamin Stretton, to be four poles wide next the street, and whereas the said Barber, as he saith, intends to make a lane up into his land toward the upper end of his land there, these therefore ob- lige me the aforesaid Bellargeau that in case he lays the said lane next my land which I have bought of him, then I and my heirs will forever make, keep and maintain sufficiently all


84


RECORDS : TOWN OF EAST-HAMPTON.


the fence that shall be next the said lane as far as my said land reacheth, as attest my hand this 21st day of March, 1703-4.


JACOB BELLARGEAU.


Witnesses


JOSIAH HOBART, THOMAS DIBELL, CORNELIUS CONKLING. Entered and compared by CORNELIUS CONKLING, Town Clerk.


Book G, page 30 .- (Abstract.) This Indenture, made the 22d day of March, 1703-4.


Between James Barber, of the town of East- Hampton, in the county of Suffolk, upon the island of Nassaw, in the col- ony of New-York, in America, of the one part, and George Dibell of the same place, weaver, of the other part. Wit- nesseth, that the said James Barber, for and in consideration of Eleven pounds and ten shillings to him in hand paid, hath granted and sold unto the said George Dibell and to his heirs forever, One-quarter of an acre of land in the town to be laid out in the home lot that did formerly belong unto Richard Stretton, deceased, to be laid out next to the lot of Benjamin Stretton to the northwards, to be four poles broad and ten poles long by the said Benjamin Stretton's lot to the South- wards, and the land of Mr. Jacob Bailergeau eastward, and a lane that the said Barber is to lay common for ever, to the northward to be two poles and a half wide and to come from the street to the north of Mr. Baylergeaus and so along west- ward to the utmost extent of the said land sold to the said George Dibell, only the said George Dibell is to make and forever maintain all along his land a sufficient fence against


85


RECORD: TOWN OF EAST-HAMPTON.


the said lane by himself and his heirs. To have and to hold the same forever and doth warrant to defend.


In witness whereof the said James Barber hath hereunto set his hand and seal the day and year first above written.


JAMES BARBER. [L.s.]


In presence of


THOMAS DIBELL. THOMAS DIBELL, JR. Acknowledged same day before


JOSIAH HOBART.


Entered and compared by THOMAS CHATFIELD, Recorder.


Book of Marks, page 20 .- March, the 28th, 1704, John Brooks appeared and declared that a crop on the end of the left ear which was the ear mark formerly belonging to his deceased grandfather, Richard Brooks, doth by right of in- heritance belong to himself and caused it here to be entered against all persons thereto.


Attest THOMAS CHATFIELD, Recorder.


Marks, page 20 .- Jonathan Baker declareth his ear mark for his cattle or other stock to be a half penny on the under side of the left ear, and a nick on the under side of the right ear.


Entered, March 31, 1704.


Attest THOMAS CHATFIELD, Recorder.


East-Hampton, April the 4th, 1704.


Book 4, page 44 .- Then at our election meeting were chosen for trustees :


66


RECORDS: TOWN OF EAST-HAMPTON.


Cornelius Conkling,


Jacob Schellinx,


James Diamend,


Samuel Parsons, jr.,


John Hedges,


Daniel Osborne,


Shuball Talmage,


John Wheeler,


Thomas Chatfield,


Samuel Dayton,


Nathaniel Baker,


William Edwards.


Was then likewise chosen for assessors : Seth Parsons, John Conkling.


Was then chosen for constables : Ebinezer Leeke, Ebinezer Beldin.


Capt. Wheeler was then chosen for Supervisor.


April the 4th, 1704.


Book A, page 12 .- Then at a legal town meeting it was ordered by a major vote that the great swamp lying above Hcoke pond meadow shall be surveyed and laid out to the several persons, proprietors therein in equal proportion to every original or foundation lot his part thereof entire with what upland may reasonably be added thereunto, on the east side of said swamp leaving sufficient highway as men go to the wind mill the same to be performed as soon as may be with convenience.


It was then desired by Stephen Hedges that the town would grant him a skirt of upland joining to his Hook pond meadow he laying down a competency therefor elsewhere, the which was by a major vote granted that the trustees should compute the matter with said Stephen Hedges.


The above written concerning laying out the swamp and land and exchanging with Stephen Hedges is a true record.


Attest THOMAS CHATFIELD, Recorder.


Book 4, page 64 .- The town stock of dry cattle is debtor for several performances in years 1703 and 1704 as followeth


87


RECORDS: TOWN OF EAST-HAMPTON.


date 1703, to John Field for keeping said cattle 45 days at 1s 102d per day makes 4£ 4s 4zd 3 2 10}


7 7 3 all which is paid by a rate levied on 1139 cattle whereof John Field aforesaid is by the Trustees deputed Col- lector to receive the whole and pay all who are creditors on said rate. s.


d.


To Matthias Burnat .2 7}


To Daniel Miller .2


To Richard Shaw 2


71


To John Wheeler 2


To Isaac Hedges. 2


To Enser. Talmage .2


7}


To Benjamin Osborne


5


3


1704-To John Hedges


2


72


To David Conkling


2


To Tho. Chatfield .2


3


To Ichabod Leeke. 2


3


To Daniel Osborne. 2 72


To Capt. Wheeler 7} 2


To Thomas Mulford 2


To John Carle .2


73


To Thomas Baker.


2


77


To Seth Parsons .. 2


72


To William Mulford


7元


£2 14 42


To the Collector for getting the list of cattle 0 03 0 To Tho. Chatfield for making rate and other writings of the matter 0 05 6


3 02 10%


To Josiah Edwards. 5 3


68


RECORDS: TOWN OF EAST-HAMPTON.


Book 4, page 63 .- An account of the charge for fencing of the fatting pasture at Montauk in 1704, and other relating to the stock running thereon for that year, viz. :


For getting and setting up said fence to Richard and John Shaw, and their order being one mile and a half wanting 27 poles at 1s 102d


per pole.


£ s. d. 43


42 09


For their clearing cattle out of said pasture when closed. .00 12 00


To John Field for keeping said fatting cattle 119 days at 1s 6d per day 08 18 06


To Nathaniel Baker for measuring said fence 2s 7gd, and 2 hands to put said cattle to the Indian Field 2s 3d each. .00 07 12


To Jacob Schellinx for directing where to set said fence, 2s 72d and driving said cattle to the Indian Field 2s 3d. .00 04 10₴


To John Conkling for driving said cattle 00 02 03


To Capt. Wheeler for directing said fence 2s 72d and mending water fence 2s 72d. .00 05 03


To Luis Conkling for measuring said fence .... 00


02 072 To Mr. Mulford jr., for putting strayed cattle into the Indian field 2 days. .00 05 03


To Nathaniel Talmage ditto two days. 00 05 03


To Cornelius Conkling for tending the bars


when put in the fatting pasture. 00 03 00


Daniel Osborne one day getting ginnman 00


02


072


Robert Parsons for mending water fence one day.00 02 07₴


To Samuel Hedges for two days work to move the Montauk house. .00 06 00


To Tho. Chatfield for one-half C 20d nails and one-half C 10d nails when moved the house and for tending bars when the cattle


89


RECORDS: TOWN OF EAST-HAMPTON.


were put into pasture .00 03 00


For making the list for the number of cattle to be put in. .00 03 00


For viewing the place to move the water fence to one day. 00 02 03


To Tho. Chatfield writing and publishing orders about said pasture 00 02 00


55 08 00


All which above said charge was paid by a rate of £59 05s 09d, bearing date December the 6th, 1704, per the trustees order date November the 15th, 1704, whereof Cornelius Conkling was by said trustees deputed Collector. Attest THOMAS CHATFIELD, Town Clerk.


Book 4, page 102 .- The town of East-Hampton debtor to severals for the years 1703 and 1704 last past, viz .: To Capt. Hobart mending meeting-house glass 4s 6d, one wild cat by Sone 6s 0d 10 06 0


To James Diamond for drumming 2 years on the Sabbath 2 £ Ss Od, one day at highway 2s 3d 2 10 03


To Constable Leeke for warning 3 town and 9 trustee meetings, and carrying the butcher to Southampton. 1 02


01} house formerly omitted. 0


To Simon Hillier one day's work at the Town


02 03


To Mr. John Mulford mending the meeting- house 2 days 0 04 06


To Abraham Reeves for one wild cat. 0


06 00 To Jeremy Miller for two days clearing high- way and path in the plains 0


04 06


To Nathaniel Talmage clearing said way in


90


RECORDS: TOWN OF EAST-HAMPTON.


plains one day. 0 02 03 Benjamin Osborne 2 days at highway and way in the plains. 0 04 06


Cornelius Conkling one day at public highways 0


02 03


Tho. Mulford one day ditto 0


02 03 Samuel Dayton one day ditto 0


02 03 John Wheeler one day ditto. 0 02 03


To Jeremiah Conkling, senior, for cleaning the meeting-house two years at 30s per year pay. 1 16 00


To David Conkling carting one load of brick to the town house, before omitted. 0 05 03 To Constable Belding for warning one trustee meeting. 0 01 012 To Tho. Chatfield for book in town debts rated


in 1702, 1s, entering at two elections 9 .... 0 01 09 To one wild cat by Tom Cooper 6s, making county rate this year 5s. 0 11 00 To making this town rate 5s, entering and keep- ing trustees account this year, 1704, 6s ... 0 11 00 To Edward Jones, jr., for mantle tree to said town house. 0 01 06 To Jacob Schellinx for making the pound.


To doctor for Sarah Whitehair's cure. 19 00 00


Marks, page 20 .- John Goff declareth his flesh brand mark for horse kind or cattle to be the figure of a heart set on the left buttock having marked one last year colt on each but- tock with said figure.


Entered April the 9th, 1704.


Attest THOMAS CHATFIELD, Recorder.


Book 4, page 42 .- April the 12th, 1704. Then at a legal meeting of the trustees it was ordered by joint consent that


91


RECORDS: TOWN OF EAST-HAMPTON.


Capt. Samuel Mulford is permitted to have one patent and what other of our original writing he have occasion (for that he may take advice upon the same) over at New-London so there be care taken for their seasonable return and did ad- journ their meeting to the 26th day of instant at 6 of the clock in the afternoon.


Book G, page 602 .- (Abstract.) This Indenture made the 13th day of April, 1704,


Between Samuel Barnes of East-Hampton, in the county of Suffolk, upon the island of Nassaw, in the province of New-York, in America, husbandman, on the one part, and Isaac Barnes of the same place, husbandman, of the other part. Witnesseth, that the said Samuel Barnes for and in consideration of Twenty pounds to him in hand paid by the said Isaac Barnes hath granted and sold unto the said Isaac and to his heirs forever, Nine acres of land be the same more or less at or near a certain place called Amagansett within the bounds of East-Hampton aforesaid, bounded with the highway westward, by the land of Mr. Samuel Mulford north- ward, the land of Jacob Schellinx eastward, and the land of Recompence Barnes to the southward.


To have and to hold the same, and doth warrant to de- fend.


In witness whereof the said Samuel Barnes hath hereunto set his hand and seal the day and year first above written.


SAMUEL BARNES. [L.s.]


In presence of


THOMAS T. B. BAKER, HOBART STANBOROUGH. Acknowledged same day before


JOSIAH HOBART.


Entered and compared by


THOMAS CHATFIELD, Town Clerk.


92


RECORDS: TOWN OF EAST HAMPTON.


Book 4, page 56,-A journal account of the several acts and orders done and acted by the Trustees of the freeholders and commonalty of East-Hampton, in and about the public affairs of said township for the year 1704 till next election except one order before entered.


Next is May the 2d, 1704, the trustees being legally met did then agree and order that there should be a new pound set up in the town street, the same to consist of about nine poles about, and did then agree with John Shaw to get, cart and set up the same where said trustees should appoint, of posts and rails and pole on the top, all sound and substantial and suitably put together for the use abovesaid for three shillings and six pence per rod, and adjourned their meeting to the 9th day of inst., at 5 o'clock in the afternoon.


According to adjournment said trustees met and did unami- mously agree and order that there should be pasture fenced off at Montauk for the fatting of cattle according as Capt. Wheeler and Jacob Schellinx shall judge convenient between the great pond and the oyster pond they being appointed to survey the same, the charge of setting up said fence and maintaining the same from time to time and from year to year to be performed by each person concerned in said land according to his or their propriety therein.


In order to have said fence fully completed with all con- venient speed, said trustees did then agree with John Shaw and Richard Shaw to get, cart and set up a good substantial or sound and sufficient three rail fence at such place as Capt. Wheeler and Schellinx shall appoint for the use abovesaid, the same to be completely finished at or before the eighth or ninth of June next ensuing the date hereof, by virtue of which agreement said trustees then ordered said proprietors shall pay unto the said Shaw their orders or assigns, each said proprietor according to his right in said land the sum of one shilling and ten pence half penny per rod, current


93


RECORDS : TOWN OF EAST-HAMPTON.


money of this province, and did adjourn their meeting to the 16th inst.


Delivered to Capt. Mulford of our papers and writings of public concern on May the -- 1704, these following, viz .:


1st, Our original deed with the Indians and counter bond on the same 2


2d, The agreement or settlement before General Nichols. 1


3d, Our patent from General Nichols. 1


4th, Our deed of that land between the ponds. 1


5th, Governor Lovelace's confirmation on the same .. 1 6th, Our deed of all the rest of the Indian land, dated 1686 1


7th, Our patent from Governor Dongon 1


Sth, The Indians protest against the sale made to John Bridges and Rip VanDam 1


9th, The Indians' acknowledgment of our right to said land. 1


10th, The testimony of Robert Hudson, Benjamin Smith and John Shaw, with their copies. ... 2 and Samuel Parsons and his son Seth's testi- mony. 2


The Sheriff's copy of Judge Bridge's commitment. 1


According to adjournment, said trustees met May the 16th, and did then agree with John Richardson to take John Field's place of keeping sheep at the same Laies as John Field had kept them to that time, said John Richardson entered on said charge the 17th of said May.


Book 4, page 57 .- June the 6th, 1704, then at a legal meeting of the trustees it was ordered, the fatting pasture should forthwith be cleared of all sorts of cattle and to that end Richard and John Shaw were agreed with to perform the


94


RECORDS: TOWN OF EAST-HAMPTON.


thing by the twelfth day and did adjourn their meeting to the 13th inst.


According to adjournment, said trustees met said 13th day of June, and did order that John Be should be taken in the town's care and also his estate by inventory taken into pos- session and to that end ordered Cornelius Conkling and Sam- uel Parsons, junior, so to receive the estate, and also ordered Nathaniel Baker and Luis Conkling go and take the measure of the pasture fence at. Montauk, and did adjourn their meet- ing to the 20th day of this inst., at 5 o'clock in the afternoon. The said John Be 'was received into the town house the 15th of June, 1704.


According to adjournment, said trustees met said 20th day and did agree and order that the pound should be set up near where the old pound stands but a little further east- wards, the like distance from the fence and did adjourn their meeting to the 27th of this instant June.


According to adjournnient, said trustees did meet said 27th day, and did order that John Bee's horse kind should be fetched out of the woods and sold to his best advantage for the discharging said Bee's debts.


They also then ordered that on July the 7th next ensuing, the common grass for mowing about Napeag or elsewhere about the Town should be to the highest bidder, and did ad- journ their meeting till the 30th day instant June, at 5 of the clock in afternoon.


According to adjournment said Trustees met June the 30th and did order with the advice of the Committee what num_ ber of cattle the fatting pasture at Meantauke might reasona- bly entertain, which was twelve to one whole share and no more, which order to be set up at large the first of July after with notice for turning cattle into the fatting pasture on the 11th day of July ensuing the date and did adjourn their meeting to the fourth of July, 1704.


95


RECORDS: TOWN OF EAST-HAMPTON.


According to adjournment said Trustees did meet on July the 4th, 1704, and did order as followeth, viz :


Whereas by order of the Trustees, there is a pasture en- closed for the fatting of neat cattle at Meantauk for the use of the public according to what right each person is invested therein, and said Trustees with the advice of the Committee have (as by their order dated July the 29th, 1704) ordered for the more equal and rightful improvement of said pasture, each person so invested to put into said pasture to the num- ber of twelve neat cattle to one whole share of right there and so for a greater or a lesser denomination, a greater or a lesser number so it do not exceed the proportion of twelve to one whole share, and for the preventing of any disorder in the improvement of said pasture, the trustees of the Free- holders and Commonalty of the Town of East-Hampton, being legally convened together July the 4th 1704, do order that it is and shall be lawful to impound any neat cattle or horse kind that shall be found at any time within the said fatting pasture during the time of fatting cattle there except the above said allowed proportion according to each man's right therein, and all neat cattle and horses so impounded as abovesaid, being made appear that they were trespassers within the said pasture (by effectual person or persons mak- ing oath thereunto) according to the true interest and mean- ing of this order the owners thereof shall pay for the same six shillings for each head so impounded, and for default of not paying as aforesaid within thirty-and-six hours after the impounding the same it shall be lawful for him or them who pounded the same to expose the such trespasser or tress- passers to public sale and take his or their poundage with incidental charges, returning the overplus to the owner, but for as much as it is possible that a beast or more may crowd into said pasture while men are turning in their cattle proper to said pasture whereby they may be counted trespassers


96


RECORDS: TOWN OF EAST-HAMPTON.


within this order, but if the owner or owners thereof will freely make oath that he or they were in no manner or respect, directly or indirectly privy to their being there, or being put there, such cattle being there found, are not counted treapassers within this order, anything to the con- trary herein contained noiwithstanding.


Memorandum-All creatures so pounded the owners thereof must have information thereof within twenty-and four hours after put in the pound as aforesaid-signed per order of the trustees the day and year afore written, and did adjourn their meetingto the 13th of July instant.


Attest. THOMAS CHATFIELD, Town Clerk.


THOMAS CHATFIELD,


CORNELUIS CONCLING, SAMUELL DAYTON, Trustees.


According to adjourment said Trustees had a legal meet- ing July the 13th, 1704, and did then agree with Jacob Schellinx to set up a sufficient pound for the use of this town as soon as conveniently he can, and also did then order that the house at Meantake should be taken from the place where it stands, and set convenient to entertain, John Field keeping the fatting cattle, or any thereon that employ, and did ad- journ their meeting till - of this instant July.


John Field began to keep cattle July the 11th, 1704 at 1s 6d per the day in cash.


July the 27th, 1704, the common grass at Napeag and about town was sold, and Ss 12d paid for the same for the Town's use to Thomas Chatfield.


Book 4, page 59 .- July the 14th day, 1704, per order of the Trustees, the mowable grass at Meantauk was sold to several persons for thirty-five shillings, of which


97


RECORDS: TOWN OF EAST-HAMPTON.


Samll Dayton paid. 7s 0d


Roberd Dayton 3 6


Nathanll Baker 7


0


Jacob Schellinx


Daniell Osborn 7


0


1


4 6


John Conkling


3 6


Paid out of said money to several persons as charge viz : To Will the Indian for work about the house and mending fonce at Meantauket. .0


12 7


To Jeffry the Indian for the like work. 01 6


To John Wheeler towards mending the water fence at Meantake. 0 03 0


To Daniell Osborn to pay the ginn man .0 11 0


1 08 12


An account of the disposal of the estate of John Bee. To one horse sold to John Hedges at. £3 00 042


To one mare and colt to Joell Boudidg 1


00 00 To one gone to biall Carll 0 16 06


Cornelas Conkling debtor 0 02


06


4 19 042


Paid out of said money as charge for bringing said horsesto Samuel Dayton 6s 00d


To Abiall Carle. 3 06


To Holding for tending said Bee and other ac- counts. 3 00 00


To John Hedges for nurse, oil, and watching ore night . 6 00


To Samll Dayton for part of the above said 3 pound 6 05


August the 17th, 1704. Then at a legal meeting of the Trustees of the Freeholders




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