USA > New York > Suffolk County > Southampton > Records of the town of Southhampton, with other ancient documents of historic value, Vol. I > Part 10
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Rods wide
32 northward of the pond 10
33 northward 11
northward towne land 4}
34 northward 14
35 northward 17
36 eastward of the millers land 60 poles in length, and is 6 acres,
37 on the south side of Davis his neck,*
38
39 $ ffaringtons peece on farringtons neckt 5 acres more or 40 } less,
41 5 acres with out the gin fence,
ffeb 2 1653 At a towne meeting It is concluded that the afoe said 41 lotments laid out and a fifty to bee laid out at Sagapon- ack, or elsewhere, they shall be accompted in all fencing and rates at two acres per lotment, the lots being as aforsaid, And that what ever company of men in this towne fall together in any parcell if land of the possessors of the maior pt of any par- cell conclude to fence, the other pt shall fence with them or elce give their interest therin vnto the said maior pt, if they fence, But it is provided that there shall bee noe such forfeiture taken in any of the forsaid divisions vntil the 1st of March 1654
The aboue said conclusions premised the lotts are cast and they fall as followeth,
* Davis neck. is probably the tract of land on the east side of Watermill Creek. W. S. P.
៛ Farrington's neck is probably the tract of land East of Old Town pond.
W. S. P.
L. of C.
100
RECORDS : TOWN OF SOUTHAMPTON.
No 1 Tho Goldsmith 100 and Iohn Oldfield 50
2 Sam Dayton
3 Tho. Burnet 100 Iohn Howell 50
4 Thomas Sayre
5 Mr Edward Howell
6 Mr Odell
7 Captaine Topping
S Mr ffields 100 Isack Willman 50
20 Christopher ffoster
21 Mr Rainer
22 Joseph Rainer 100 Mr Rainer 50
23 Tho Halsey
24 Ellis Cook 100 John Iagger 50
25 Mr Richard Smith
26 Tho Hildreth 100 Mr Hampton 50
27 Mr Fordham
PAGE 121. 9 John Cooper sen 28 Thomas Cooper
10 George Wood 100 Widow Briggs 50
11 Henry Pierson
12 Iohn Howell
31 Iohn White
13 Richard Post 100 Tho. Sayre 50
32 Isack Willman 50 Wm Paine 100
33 Mr Edward Iohnes
34 Mr John Gosmer
35 Iohn Iessup 100 Ionas Bower 50
36 Mr Josiah Stanborough
37 Mr John Gosmer
38 Richard Barret
39 Edward Howell 100
Mr Stanborough for Pope 50
40 Ionas Wood
41 Thomas Halsey
29 Ioshua Barnes 100 John Bishop 50
30 Mr Edward Howell
14 Obadiah Rogers
15 William Rogers 100 Bartho Smith 50
16 Mr Fordham
17 Captaine Topping
18 Iohn Lums 100 Mr Howell 50
19 Mr Gosmer 100
John Cooper Iun 50
It is ordered and concluded that the 23.£ lotments in Saga- ponack field the first of them being No 3 butting vpon the marked tree a little aboue the head of the little pond, the head line running from the said tree vnto another marked tree neare a little hollow coming out of Sagaponack pond which is neere to a parcell of reeds.
101
RECORDS : TOWN OF SOUTHAMPTON.
PAGE 122. Seaponack Division feb 1654.
No. 1 Richard Barret
2 Tho Sayre
16 Thomas Burnet 100 Iohn Howell 50
3 Mr Fordham 17 Geo Wood 100 4 Mr Odell Widow Briggs 50
5 Mr Iohnes
18 Mr Fordham
6 Iohn White
19 Mr Smith
7 Obadiah Rogers
20 Iohn Howell
21 Mr Rainer
S Edward Howell 100 and Mr Stanborough in the right of Thomas Pope a 50.
9 Joshua Barnes 100 Iohn Bishop 50
10 lohn Lumm 100 and Mr Edward Howell 50
11 Iohn Iessup 100 John Cooper Ir 50
12 Wm Rogers 100 Bartho Smith 50
13 Thomas Halsey
29 Ionas Wood
30 John Cooper Sen
31 Mr field
32 Sam Dayton Isaack Willman
33 Mr Stanborough 34 7 Captain Topping 35 S 36 Tho Cooper
37 7 Mr Howell
38 S 39 Mr Iohn Gosmer 40 S 41 Mr Gosmer 3 Ionas Bower the other 3
22 Tho Hildreth 100 Mr Hampton 50
23 Isack Willman
24 Henry Pierson
25 Richard Post 100 Tho Sayre 50
26 Tho Goldsmith 100 [ohn Oldfield 50
27 Christopher ffoster
23 Tho Halsey
14 Ellis Cook 100 Iohn Iagger 50
15 Joseph Rainer 100 Mr Raner 50
102
RECORDS : TOWN OF SOUTHAMPTON.
PAGE 123. May 30 1654 At a general Cort the covenant betweene the towne and the miller being considered and all matters concerning the same well weighed, the conclusion of the Court by maior voat is that the towne doe and will stand vnto the said covenant betweene the towne and the miller, namely William Ludlam, and doe resolve to prosecute the said covenant for the attaining supply of sufficient grinding acord- ing vnto the said covenant, and the townes necesity or else to have their money and land unto their hands againe.
It is ordered that Thomas Halsey and Henry Pierson shall lay out the land granted vnto Thomas Vale to make up his fifty pound lotment, hee satisfying them for their paines.
Edward Howell & Isaack Willman are chosen to view the fences and they are to goe about the said business on second day next and to have 2s 6d a peece per day the same to be paid out of the fines arising for defect in fenceing.
Iune $ 1654 At a general court by the maior voat it is con- cluded that the miller should haue liberty to lower the mill, and the said miller namely William Ludlam ingageth to grind, notwithstanding the back water, soe long as the mill will goe, the Towne being at theire liberty for opening the sepoose.
At the said court there being a great disorder by reason of ye departure of some of the members thereof before the ad- iournment or dissolution of the saide Cort the major part of the Cort being left, and troubled at the said disorderly carriage es- pecially considering that the said departure was before the full consumation of what then was agitated and acted, the said ma- ior part left determine ye cort shall be called, and all absent that departed as aforesaid shall pay according to former orders, And that Thomas Halsey shall pay moreover 5s for his con- temptious cariage vnto ye Cort, at his departure.
Mr Gosmer was chosen to voat in the premises and in ab- sence of others aforesaid and what else necessary.
PAGE 124. Iuly 3 1654 At a towne meeting, A letter from ye deputy Governor to Mr Howell concerning the towne beeing read, and it beeing inserted in the said letter that instructions
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RECORDS : TOWN OF SOUTHAMPTON.
shail bee sent when & where our souldiers shall meete the soul- diers that goe from the maine, & there yet being no instruc- tion sent, the Towne doe ingage to beare in the general what penalty may come by reason of our souldiers not being sent at present.
It is ordered that the 3 men shall take notice of mens occa- sions that are prest to goe for souldiers and in their absence shall give in to the magistrates what they conceive is fitt to bee done for the absent, and whoe vpon accountt should doe, what is to bee done, & when.
Iuly 1Sth 1654. An action of blood shed & battery entered by Thomas Burnet against John Cooper Iunr.
An action of Battery entered by Thomas Burnet against John Cooper Ir. both to bee tryed next quarter Cort.
Iuly 29 1654. An action of slander and deffamation enter- ed by Mr Henry Eason plf against Wm Rogers defendant.
At a towne meeting Aug, 21 1654 It is ordered that Tho. Cooper shall have power to call forth those that are behind hand to work at the highway & to mend the bridge & making watering for cattle, & to call forth what other help, hee shall see necessary to effect the same in yt manner which hee in his discretion and what else he shall advize which he shall think meete, the same to be gone about within 10 days here of, who- ever refuseth to doe as aforsaid having warning shall pay 3s per day, and another forth with to be hired in his room
It is concluded that ye towne refer ye answer to be given to the two bandes of Indians yt came vp this day concerneing their present distress abovt the Naragansets, vnto Mr Howell Mr Topping & Mr Gosmer,
PAGE 115. Sept. 5 1654. An action entered by John Coop- er Ir plf against Ionas Wood H. defendant concerning a bill,
An action of ye case alsoe entered by John Cooper agrinst Ionas Wood defendant concerning 4 pounds worth of beaver dve vnto the plf,
An action of tresspass vpon the case entered by John Cooper
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RECORDS : TOWN OF SOUTHAMPTON.
Iun against Ionas Wood H, in the behalfe of Joseph Garlick East hampton,
An action entered for Ionas Wood H against John Cooper Ir of tresspass vpon the case for slanderous words,
The Jury men to try the said actions are Mr Rainer Chris- topher ffoster Richard Barret Iohn Iessup Mr Odell Richard Post,
The Iury finde for the plaintiff in the first action entered for John Cooper, damage 5s for detainment of the bill by the de- fendant, & Cort charges, and to deliver in the said bill or else forthwith to give the plf an acquittance,
In the second action the said jury finde for the plf. fowre pounds worth of beaver, as shall be judged by 2 indifferent men worth 9s per lb as allsoe 10s damage with increase of charges.
In the third action entered by John Cooper plf, the jury finde for the plf, that the defendant shall satisfie the byll due to Joseph Garlick, with 2 pence damage and increase of Cort cort charges.
As concernin the action wherin fonas Wood is plaintiff vp- on the request of the Iury of 3 months time to bring in their verdict It is allowed by the magistrates vnless they shall see cause to call them forth to ishue it before.
Ionas Wood hath liberty vpon his request to the Court of a review of the aforesaid cases & actions to be tryed within 2 months of the date hereof
This court adjourned vntil the 14th of this instant month.
PAGE 126. Ionas Wood October 5th 1654 entereth his re- vise concerneing the foresaid 3 actions the former jury sworn to try it, in the first and in the second actions, the jury find for the defendant namely John Cooper, Cort charges to be payd by the plaintif namely Ionas Wood.
The next day beeing Oct. 6th, In the action concerning Joseph Garlick the jury finde for the plaintif 30s damage and charges of the Cort.
Concerning the action of defamation they finde for the plf
105
RECORDS : TOWN OF SOUTHAMPTON.
namely Ionas Wood 50s damage, and acknowledgement, with Cort charges or ten pounds and no acknowledgement, with cort charges, And the acknowledgement to bee made the next towne meeting, and the acknowledgement to be that Iohn Cooper hath done him wrong in saying that Ionas Wood lyed against knowledge and conscience, [Note] the defendant is granted an appeale.
Octob. 6 1654 At the general Cort chosen for magistrates Mr John Gosmer first, Captaine Topping second, Mr Rainer third.
Henry Pierson chosen Secretary.
Ellis Cooke chosen Cunstable and marshall & sworne.
Thomas Sayre Joseph Rainer Edward Howell chosen for townsmen.
It is ordered that Captaine Topping Mr Iohn Gosmer Mr Thirston Rainer, being attended by Henry Pierson are to write a letter to the cort at Hartford by way of request concerning easing the towne in respect of rates.
Whereas Mr ffields the last eunstable could not giue a ready accompt of about 20s it was remitted by the Cort.
That there shall be a committee to peruse the Court papers and to regulate the Cort books, to reserve what is of vse and to cashier the rest, the said committee is Captaine Topping Mr Gosmer, Mr Rainer, Thomas Halsey, Mr Odell and Henry Pierson.
Henry Pierson hath allowed him for his years services at the Cort 10s.
Octob 20 1654 At a towne meeting It is granted that any Inhabitant shall haue liberty to digg pitt or pitts to catch wolves provided chat such pitt or pitts are not dugg within one mile of the towne, nor within 2 miles one of another, And provided that the owners of such pitts view them every 3 days, and main- taine their fence about them according to the wanted manner of thein, The Towne doe agree that whateuer damage come to PAGE 127. any in particular by reason of the said pitts the same shall bee satisfied and discharged by the whole towne.
106
RECORDS : TOWN OF SOUTHAMPTON.
and for every wolfe [that] is killed by meanes of such pitt or pitts, the towne ingage to pay 30s, And those that make any such pit shall within 24 howres giue public notice to the towne of the same where it is, and also it is provided that what pitts are digged as aforesaid, shall be finished within 20 days of the date hereof, and the course now settled to be continued for the terme of 3 yeares hereafter, except only that if any such pitt proue offensive to the towne it shall be stopped or blockt vp at the expiration of 19 months, and if the owner of the pitt hath not ere then killed 3 wolves the towne shall and will al- low him or them 30s towards their charge which they haue expended about it,
November the 5th 1624. At a general court, John Cooper Iun entereth his revise against Ionas Wood. The jurymen to try the said revise are those within said to try the action be- tween Mr Fordham and Thomas Halsey, and they bring in a special verdict or in effect they leave the thing as they found it.
At a Cort Ian, 3 1654 the revise still or againe called vpon 13 men warned, but the jury to try the said revise are Mr Smith Sam Cleark Tho Weeks Iohn Ogden Christopher Lup- ton John Lum Tho Hildreth. The verdict of the Iury brought in Ian & 1654.
Wee of the Iury find for Ionas Wood 5s damage (in case hee make publick acknowledgment that hee that is John Cooper hath untrvely accused Ionas Wood to lye against his conscienc & knowledge,) if not, to pay to Ionas Wood 10lb sterling with increase of Cort charges which have been necessarily expend- ed about the same.
John Cooper Appeales to the general Cort
At the general Cort held January 31 1654 It is ordered that vpon every special general Court that is called to decide any matter betweene particular parties that doe appeale therevn- to, the members of the said Cort shall have paid vnto them ISd a peece for every day.
PAGE 128. December 22 1654. at a particular Cort, Mr Rob- ert Fordham plf in action of tresspass vpon the case against
107
RECORDS : TOWN OF SOUTHAMPTON.
Thomas Halsey Sen defendant, The Iury men to try the said action, Mr Odell Tho Sayre Mr ffield Richard Post Iohn How. ell Edward Howell, Christopher ffoster, Wm Rogers, and Tho. Goldsmith, whoe finde for the plaintiff for the tresspass in tak- ing vp the horse illegally two shillings damage with increase of Cort charges And the Iury meddle not with determining whose the horse is.
The defendant The. Halsey Sen Appeales to Hartford and is bound in the sumset of 40£ to prosecute there.
December 29 1654. Joseph Rayner entreth an action of slander & defamation against Ionas Wood H. 100£ damage, The action called upon Ian 3, 54 but Ionas Wood making his plea to the cort that hee was not prepared to answer to the suite, vntil the 15 of April next, At which time the said Ionas Wood is ingaged to answer.
At a general Cort Ian. 31 and feb. Ist 1654 The Appeale of John Cooper made & heard, by the Cort, and the cause con- sidered, the first conclusion by the maior voat (there being but, 2 persons or voats in accompt difference) Is this that it is found Ionas Wood had paid for the boat, the major voat being 17 persons, the other 15,
It is concluded by the maior voat that John Cooper should pay noe damage.
That for costs each should pay & beare his owne charges and Cort charges to bee borne equally betweene them.
Ionas Wood Appeales to Hartford, hee the said Ionas is bound in the some of 30£ to prosecute the said appeale at a particular Customary Court in may next, John Cooper bound in like bond to answer.
It is ordered that all depositions taken before any of our mag . istrates at any time, shall bee entered into the Cort booke, and they to pay for the entering of them that desire them.
PAGE 129. At the Court held Iune 12 1655, Hugh Griffin is called and hee appeared not wherefore the distress taken of his goods, ye distress being a heifer and a calf is forfeited, the which said distress is adiudged by the Cort to bee a prized and then
NBP
108
RECORDS : TOWN OF SOUTHAMPTON.
to bee committed unto the handes of Christopher ffoster to sat- isfy him for such particulars as followeth, which hee declareth the said Griffin oweth vnto him for wintering his cattell 30s which the plf ingaged should be paid to Tho. Vale, more 25s which the plf paid to Ionas Wood for wintering the said Hugh Griffin his cattell mere ye plf ingaged for him to Iohn Oldfield 20s, more due from him vnto ye plf vpon his owne accompt 34s 4d cort charges is 5s 10d.
Wherevpon the plf namely Christopher ffoster doth binde himselfe in the some of twenty pounds vpon condition that if he the said Hugh Griffin or his assignes shall hereafter desire to appeare to the said action that then the said distress or the full value of it shall bee returned into the handes of the Cort vntill the said tryall shall have passed in the case, witnes my hande.
(Autograph of Christopher Foster.)
October 5 1653 Mark Meggs entereth an action of trespass vpon the case for slanderous words against John Miller.
PAGE 130. October 6 1655 Att ye Cort of Election chosen Magistrates first Mr Gosmer, Second Captaine Topping 3d Mr Ogden.
Henry Pierson chosen Secretary.
Thomas Cooper chosen for eunstable and marshall.
Chosen for townsmen William Rogers, Isaack Willman and John Cooper Sen, who shall haue like power which former 3 men and fiue men had.
It is ordered that whatever cattle or hoggs come into the great or little plaines, and come to be impounded, or if any of the saide creatures doe harme any manner of way in the said plaines, they that impound them shall have impoundidg, and they that hane harme done shall haue damage of the owner of the said creature. And hee or they that are the owners of the said cattle if they can find where the said cattle broke in or if
T
109
RECORDS : TOWN OF SOUTHAMPTON.
not yet if there bee fenceing where they that bee appoynted for that purpose shall esteem they might come in, they the owners of such fence where they did come in, or where they might come, shall repay vnto the owners of such cattell what ever hee or they are constrained by any order of this cort to to pay for such cattell, aforesaid, And whoe soeuer is to re- ceive for damage shall chuse one man and hee yt is to pay shall chuse another, to view and conclude the damage, but vpon his refusall, hee that is to receive for damage shall have liberty to chuse another, to view and conclude the damage, but vpon his refusal, hee that is to receive for damage shall have liberty to chuse two men who shall conclude what such person or per- sons are damnified. And the said impounding or damage shall be levyed by the cunstable by way of execution and paid unto the persons to whom it belongs, & they yt pay the said impoundidg or damage shall pay allsoe vuto the eunstable as for an execution,
At the said Cort it was granted vnto Mrs Ellinor Howell that she should have the administration of all the goods be- longing vnto Mr Edward Howell deceased.
PAGE 131. October 23, 1655 At a town meeting Iohn Ies- sup chosen to bee ye man to lead out the company to the see- poose.
Whereas Thomas Halsey hath occasioned a difference be- tweene the towne and him concerneing his two eloses whereby disturbance hath arose in the towne hee the said Thomas Hal- sey acknowledgeth himself sorry for his fault therein and de- sireth of the towne their curtesy therein, wherevpon the town doe consent vnto the said Thomas Hallsey that hee shall have his said closes in particular to himself vpon this consideration that hee shall keepe vp his said fences in that manner that through his said ground noe cattle nor hoggs shall come at any time into the plaine, and for what fenceing stands against his eastward elose which was set vp by any other than himself hee shall pay for the same unto the towne vpon demand according as some of the said fenceing cost the towne, or hee shall set vp
110
RECORDS : TOWN OF SOUTHAMPTON.
soe much sufficient fenceing where the town shall appoynt him, and if the towne demand of him the fenceing then they yt now are owners of ye said fence are to maintain it, And alsoe the said Tho. Halsey shall pay those men forthwith who of late were imployed to put the cattell into his inclosure.
PAGE 132. October 30 1655 at a particular Cort Captaine Silvester entereth an action of tresspass upon the case against Ionas Wood H of Southampton, the jury to try the sd action Christopher ffoster Ionas Wood O. Edmond Shaw Iohn Lum Ri Howell Joseph Rainer Mr ffield lohn White, Tho. Sayre, Ri Post Mr Hampton Ellis Cooke.
Autograph of Thomas Sayre.
The verdict of the jury Wee of the jury finde for the plain- tiff a mare and her increase since the time of the first cove- nant, as allsoe 1£ 5s cost and allsoe Cort charges, the cort give judgement accordingly.
December 1st 1655. An action in the case entered by Io- nas Wood H. against Joseph Rainer to be tryed at ye next quarter Cort, [note] ye plf nonsuited.
An action of tresspass entered per Ionas Wood against Tho. Cooper & John Cooper Ir.
The jury to try the action of tresspass against Tho. & John Cooper were [the list is not in the original.] The jury finde for the plaintiff Cort charges with the mare and her increase, ye defendant appeales to the general Cort that is to bee tomor- now [note] judgement is awarded according to the said verdict
In respect of Joseph Rainers suite the Cort doe answer vnto Ionas Wood that if hee haue occasions to remove from the towne before next quarter Cort then rather than the said Ionas shall be damnified hee shall haue a purchased Cort to cause Joseph Rainer then to answer him.
But Ionas moveing yt hee is shortly to remove the Cort grant
111
RECORDS : TOWN OF SOUTHAMPTON.
to him yt if he please hee shall hane a Cort 6 weeks hence.
PAGE 133. At a general Cort January 25 1655. To prevent abuse by drinking liquors. It is ordered that noe liquor what- soever that is distilled shall bee sould within the limits of this towne by any but by our neighbor John Cooper who shall have liberty to sell it to all people as necessity or [word gone] in his judgement requires, whome this court doe trust that the bounes of moderation & sobriety bee not exceeded by any in his pres- ence, or at his house. And that hee will carefully observe the quantities hee doth sell to any out of his house, yt so hee may prevent this great disorder at present in respect of the Indians their having liquors and abuseing themselves there with, and that to his best skill or understanding hee may prevent any from buying liquors of his that will or may sell to the Indians, And as for himself hee will willingly depose that directly or indirectly he will not sell or put to be sould, any such said liquors vnto any Indian or Indians. Allsoe it is ordered that if any doe bring in such liquors within the bounds of this towne and sell them to any but vnto him the said John Cooper, or put them a shore excepting only cases of necessity such said liquors shall be forfeit, one half to him yt seizeth them and the other half to the towne. Allsoe it is concluded, that hee ye said John Cooper shall not exceed the quantity of nine ankers* by the yeare to sell to the Inhabitanti, or at the towne, and the price thereof to be reasonable.
And the north sea men findeing a man that shall ingage as the said John Cooper doth, they shall have ye allowance alsoe of three ankers by the yeare and not to exceed. And if any defeet bee in this afforesaid order so that it reach not the end the magistrates haue power to supply any deficiency herein according to their discretion.
PAGE 134. At the aforesaid General Cort, Ian. 25, 1655. It is ordered that noe Inhabitant within the bowndes of this towne shall sell his howse and land or any part thereof vnto any per-
* About ninety gallons.
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RECORDS : TOWN OF SOUTHAMPTON.
son yt is a forrainer, at any time hence forward except the person bee such as the town do like of.
March 1, 1655. Joseph Rainer entereth an action of tress- pass vpon the case against Ionas Wood H. to bee tryed next quarter Cort, ye damage 19£ 19s the defendant answers to ye action.
March 4 1655 Ionas Wood H. entereth an action of tress- pass vpon the case against Joseph Rainer, the defendant an- swers to the action.
March 4 1655 Tho. Sayre Edward Iohnes, Alexander ffield, Wm. Rogers, Ionas Bower jury men doe give in our verdict as followeth, first that wee finde for Ionas Wood plf against Io- seph Rainer defendant to pay as ye Arbitrators did award with Cort charges. 2nd we finde for Ionas Wood defendant against ye aforsaid Joseph Rainer with Cort charges.
Iosepb Rainer appeales to the general Cort which is to be to morrow, being March 5 1655.
March 5 1655 at the general Cort, The maior voat was not to take Joseph Rainer his appeale into their cognisance.
PAGE 135. Know all men that I John Cooper Iun of the towne of Southampton doe hereby binde myself in the some of thirty pounds to appeare by myself or my attorney at the Gen- feral Cort at Hartford which is to be the first thirsday in Octo- ber next, then and there to make answer vnto the complaint of Ionas Wood H.
Witness my hand this 27th day of September 1656.
JOHN COOPER, JUN.
Know all men that I Joseph Rainer of this towne of South- ampton, doe hereby binde myself in the some of twenty pounds to appeare by myself or my attorney at the general Cort att Hartford, which is to bee the first day in October next then and there to make answer vnto the complaint of Ionas Wood H.
Witness my hand this 17 day of September 1656.
JOSEPH RAINER.
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