USA > New York > Suffolk County > Southampton > Records of the town of Southhampton, with other ancient documents of historic value, Vol. I > Part 11
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It is ordered by the general Court that Richard Smith for
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RECORDS : TOWN OF SOUTHAMPTON.
his vnreverend cariage towords the magistrates contrary to the order was adiudged to bee banished out of the towne and hee is to have a weekes liberty to prepare himself to depart, and if at any time hee bee found after this limited week within the towne or the bounds thereof hee shall forfeit twenty shillings.
It is ordered by the general court that Richard Smith for his vnreverend caringe to the magistrate was judged to pay the sum of 5 pounds to bee levied imediately vpon 'the goods and chattels of the said Richard Smith, this present 6th of October 1656.
December 3d 1656 And action of tresspass vpon the case entered by fohn Cooper Iun plaintiff, against Samuel Dayton defendant.
PAGE 136. December the 2 1656. An action of tresspass entered by Mr lohn Gosmer against John Cooper Iunior.
As allsoe an action for equity to be tried vpon the 9th day of this present month being the 3 day of the weeke against John Cooper Iunior defendant. The Covrt is adiourued vntil the 6th day of january being the 3d day of the weeke com- monly called Tewsday, 1656.
At a court this 6 January 1656 An action of tresspass vpon the case entered by Henry Pierson plaintiff against- Richard Smith detendant, the jury men impanelled to try the case above mentioned are as followeth Richard Barret Christo ffoster Thomas Sayre Iohn Iessup Richard Post Edward Howell Thomas Halsey, the verdict of the jury and they finde for the plaintif 2s charge with increase of Court charges and to have his writings of Mr Smith forthwith. The Court gives judg- ment according to the verdict.
March the 3 1656. the Court is a tjourned until the 3d day of this present month.
March 17 1656, Tho Halsey Sen, entereth an action of tresspass against Tho. Cooper as a townes man of Southamp- ton in regarde of the said Tho. Cooper his taking ye goods of him the said Thomas Halsey vpon a rate (not just) as hee con- cevieth, and allsoe for a debt of 15s the towne oweth him whereof he hath received part.
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RECORDS : TOWN OF SOUTHAMPTON.
An action of tresspass entered by Tho Halsey against Thom- as Cooper, In the first action the jury finde for the defend- ant, in the second action the jury finde for the plaintiff 6d damage and Court charges. Concerning the first action the plf appeals to Hartford.
PAGE 137. Iune 19 1657. At a towne meeting when most of the inhabitants were together at the meeting house there came vp an Indian whom the sachenr had appointed chief among our Indians with his squa, and being asked by the En- glish how farr Shinecock Indians bounds went when the eng- lish bought the land of them hee and his squa answered that it went to george cake or wainscot at the least, or thereabouts. In the presence of us
John Howell Richard How . 11 Samuel Clark
Joseph Rainer
Obadiah Rogers Witnesses.
At a court held for the town of Southampton there were chosen five men to lay out the most convenient wayes to the land that formerly was Thomas Halseys and Mr Smiths, and also to view and proportion the fence acording to the land there allotted viz at [word gone] the said five men are Thomas Hal- sey Christopher ffoster, Henry Pierson Joseph Raynor Tho, Sayre, The wayes layed out to be for perptuity, and the fence to be proportioned acording to the [ word gone] of form- er lyers owt namely each lot to fence alike.
The verdict of the maior part of the jury is they find the horse in controversy to bee a stray belonging to the towne, the jury [word gone] of finding a right owner for it.
PAGE 13S. May 20 1657. At a towne meeting it was con- clvded that there shall bee chosen 4 Indians who shall have liberty to [word gone] bread or corne or any thing that is pro- vision at the [word gone] for this present yeare, the names of the Indians who are at this time chosen for the business are first Wapeacom, powcowwantuck, Suretrust, and the Indian called Iames, and none else shall haue liberty to come vp to the towne, vpon any occasion, and if any person of the English
RECORDS : TOWN OF SOUTHAMPTON. 1 115
shall trade any thing at the towr. with any except the above mentioned they shall pay for every shilling that is proved, ten shillings to bee taken by way of executions forthwith,*
It was concluded and voted by the inhabitants that the old way of rateing viz by land should stand.
September 1657 an action of tresspass vpon the case entered by Thomas Topping plaintif against Iosiah Stanborough de- fendant for detaining [word gone] landes [words illegible] wayes to go to it at Sagaponack, to the prejudice and damage of the plaintif. Iosiah will answer ye plaintif.
PAGE 139. March 17 1656. At a quarter Court I mas Wood being called forth & examined the judgment of the Cort is that hee shall pay vnto the towne 5s for his miscarriage in goeing into a house where was but an alone woman & her small chil- dren at unseasonable time of night vuto the said woman her a frightment, as was apparent vuto the said Court.
Iune the 2 1657 an action of debt and an damage entered by Vinsent Meggs of Northamptont plaiutif against Plileman Dickerson of South old defendant The jurymen impanilled to try the case
Christopher ffoster
Iohu Iessup
Joshua Barnes Edward Howell
Henry Pierson John Ogden Richard Howell
Vinsent Meggs not appearing to his actions nor any legally for him is non suited and ordered to pay the charges of the Court and the defendant Samuel Clark apearing acording to his bond the bond is ordered to be cancelled
The Court is adiourned until the next quarter Court.
PAGE 140. Iune 2 1657. At a towne meeting it was voted and agreed by the maior that eight cow kind shall goe for a fifty pound lot, and 6 sheepe against a cow and one horse or mare against a cow, and these only to goe vpon the commons
* The reason of this exactment, and of the order made against trusting Indians on pige 94 (of original), was probably to prevent disputes arising which might be made an excuse for an attack upon the town. W S. P.
+ North Sea.
W. S. P.
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RECORDS : TOWN OF SOUTHAMPTON.
as mens just stint, this is intended alsoe for goats, viz 6 goats against a cow.
At the same meeting it was voted and concluded that this stint shall begin at this present instant for this present yeare.
It is generally concluded that every person or persons that have cattle aboue their stint shall pay for every head as afore- said 1s Gd per head for this present year vnto the town untill march next ensueing.
It is agreed by the major part of the towne that every in- habitant of this towne shall give in a just tale of all cattle they had in the winter and horse kind that belongs to them to Thomas Hallsey Edward Howell and Joseph Raynor who are deputed by the towne to see there be an exact account given, and if any man shall give in short of his number if any party or parties shall finde them the owners of such cattle shall pay 20s per head, half to them that finde them and the other half to the towne and this penalty to be levied vpon the goods and cattle of such men by way of such executions and this account to be given within 3 days after the date hereof, further it is voated and concluded that if any man shall neglecte to give in this just account of cattle as aforesaid vnto the said three men shall pay 20s [3 lines gone.]
PAGE 141. Southampton March 9, 5S. At a towne meet- ing Mr Josiah Stanbrow brought in his grevance about a small tract of land containing about 12 acres in liew of 4 acres which was taken from him, by the towne, by reason of a controversy that did arise between Southampton and East Hampton con- . cerning their bounds, and vpon mutual agreement this sayd land fell out to fall in East hampton bounds, and so by that means the sayd Mr Stanbrow come to bee disposesed of the sayd land, the town being desirous to make him satisfaction tendered him pay z0s more than hee payed for this land, or else to give him twelve acres of plaine land a mile nearer his dwell- ing* than the aforsaid land, but the sayd Mr Satmbrow would
* Probably the settlement at Sagaponack (now Sagg) was begun as early as 1656, and Josiah Stanborough was one of those who msved there. His home lot in town was the one now owned by Albert J. Post. the part of his homestead next to Mr. Wm. Hunttings. Thomas Pcpe owned the three acres next north. W. S. P.
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RECORDS : TOWN OF SOUTHAMPTON.
not accept of the townes proposition but propounded for his satisfaction for the above mentioned land, the aboue mention- ed 12 acres and 14 acres of wood land lying neare his house with out which hee would not be satisfied.
The reason why it was layed out 24 acres was because it was farr remote and bad to fence, and the 12 acres the towne tendered him for satisfaction was acording to the quantity of other allotments then laid out.
March 9, 5S. It was concluded by the maior part at a towne meeting that Christopher ffoster, and Iohn Howell shall view the fenceing belonging to the plaines that it bee sufficient.
PAGE 142. September 1, 1657. an action of the case en- tered by Iosiah Stambrow plaintif against Thomas Topping defendant.
At a quarter Court December 1st 1657 The jury impanelled to try the case betweene Mr Thomas Topping and Josiah Stambrow defendant,
Richard Barret Ioshua Barnes
lohn Iessup Tho Sayre
Isack Willman
Iohn Ogden
Obadiah Rogers
John Iagger
Ionas Bower
The Iury impanelled find for the defendant, judgement is granted by the magistrate acording to the verdict of the jury.
Whereas there hath been some controversy betweene Mr Thomas Topping and Iosiah Stanboro about a parcel or parcels of land at Sagaponack, viz Numb 9 and half numb. 13, bound- ed by the creek north ward, being clearly to bee the sayd Thomas Toppings by lawful purchase, and by verdict of the jury holden at the time aboue specified, and alsoe declared by an acquittance given by the said Iosiah Stanboro to the said Thomas Topping which standeth vpon record in this booke.
Per me lohn Howell Sect.
PAGE 143. Ian. 5 1657. at a towne meeting it is voted and concluded by the maior part of the inhabitants that 7 men were chosen viz Christopher ffoster Samuel Clark Iohn Scot Henry
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RECORDS : TOWN OF SOUTHAMPTON.
Pierson, Iohn lessup and Iohn Howell and Edward Howell, to bee with two of the townes men viz Iohn White and [oshua Barnes, who being met together are impowered and enioined to settle and establish the way of making all rates for this town and to make a rate at present to defray the townes char- ges, and whatever the maior part of the said 9 men conclude of shall stand authentick.
At the same meeting it was voted and concluded by ye ma- ior part that the numbers and ages of the cattle shall bee brought in, the north end of the Towne to Henry Pierson, the south end to John Howell, and the Northsea to Samuel Clark, or John Scot, within one week after the date hereof, viz all such cattle that are to pay in rates, and whosoeuer shall not bring in his iust sum in the time specified they shall pay acord ing to the determinations of the aboue sayd nine men that are to make the rate.
Alsoe it was voted that whosoener shall bring in short of his number shall forfeit twenty shillings.
March 6 1657 At a towne meeting it was voted and con- cluded by the maior, that there should be 6 men chosen, name- ly Mr Ogden loshua Barnes Tho Sayre Samuell Clark Chris- topher ffoster and John Howell which were deputed and im- powered to act and conclude concerning a difference that doth arise concerning a claime of land which East Hampton men make within our bounds.
PAGE 144. At the same meeting it was concluded that Io- seph Pierson and Richard Howell are to receave the hundred pounds for the townes vse of the Indians.
March 6 1657 At a towne meeting it was voted and con- cluded that two men shall bee chosen for the towne viz Thom- as Sayre and Isaack Willman, which weare at the same time appointed to see that all coults that are to bee marked shall suck the mare* before they bee marked : and in case that both these men bee absent then the magistrate or secretary shall chuse 2 men to supply thair place for that purpose, but if there
* To prevent all mistakes as to ownership.
W. S. P.
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RECORDS : TOWN OF SOUTHAMPTON.
be but one of them [word illegible] hee that is then present shall have liberty to choose another to him, also it is ordered that Samuel Clark and Samuel Barker for the north sea shall see as aforesaid if any bee brought thither, but the sayd parties shall send vp the markes and give them in to be recorded by the sec- retary and the parties so taking notis of such coults marked shall haue Sd per head and the Secretary 4d for recording.
At the same meeting it was voted and concluded by the ma- ior part that Mrs Howell shall have 20s allowed hir for the present suply in consideration of hir loss vntil that they can see how things will arise, and further as acording the towne sees cause and Edward Howell with the assistance of one of the towns men to tell it out .*
At the same meeting it was voted and concluded by all the inhabitants that were there present that major Mason shall have 10£ given him as a gratuity.t
An action of the case entered by Iohn Scot plaintif against Ellis Cook defendant March 11, 57
PAGE 145. March the 6, 1657 At a towne meeting there was voted and chosen 2 mer: that should goe Quer to the gen- eral Court at Hartford.
Sept 22 165S The court of Magistrates doe sentence Mr Stanboro to pay vnto the court for his wifes abusing the ofic- er and the two men that did assist him 0£, 15, 0d.
PAGE 146. May 5 165S At a town meeting it was voted and concluded by the maior part that all the money that is now in the constables hands shall be sent over by Mr Ogden to discharge the townes debts, and also to act there in the towns be half in any thing hee conceaves may redownd to the good of the towne.
At the same meeting it was granted that Richard Howell should haue one acre of land in the ten acres, ye 3d lot in lieu af the meadow that belongs to Bartho. Smith.
* Mrs. Howell was one of those whose houses were burned by the Indians in 1657. See Howell's History of Southampton. page 165. W. S. P.
t Major Mason was in command of the soldiers sent from Connecticut to protect the town at that time. W. S. P.
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RECORDS : TOWN OF SOUTHAMPTON.
further at the same time it was granted to Thomas Cooper that hee should have 3 acres 3 roodes at the reare of his home lot only leaving a highway betwixt.
further it was granted that Iohn Iagger and Ionas Bower shall have the gore piece of marsh lieing at the side of Iohn Iaggers lot by the beach.
Iune 22 1658 At a court it was determined with the con- sent of avis the wife of Mark Meggs that the estate that is at- tached shall be sold at an outcry and comitted into the custo- dy of Mr Ogden and Samel Clarke to answer those that have attached it, which is all except only his household stuff which is alowed her by the Court.
The bay mare sould for
7£,
Is, 0d.
Mr Ogden the 4 shotes (?)
2,
4, 0.
Mr Ogden two yearling bulls and a calf
5, 10,
0.
lohn Scot the half of a 3 year old ? and half of a two year old
6,
0, 0.
Mr Ogden two ewes and 2 lambs and half of a calf -
5, 16,
0.
Iohn Scot the house and lott
43, 10,
0.
70, 1, 0.
PAGE 147. May the 5 165S. Ata town meeting it was voated and conculded that John Cooper shall keape ordinary for this present yeare for victual and liquor and shall have lib- erty to draw liquors provided hee sell vpon the same order that the ordinary of the northsea is bound, his victuals and lodging is only for strangers except it bee for towne dwellers vpon court days and training days.
May the last 165S the quarter court which was to be the first Tewsday in Iune is adjourned till the eighth day of Iune next.
Iune 22 165S A record of the debts of Mark Meggs which amounts to the some of 77£, 0Ss, 11d.
The verdict of the cortis that they find for the plaintiff (they find costs and charges) the heifer and 3s, and concerning the hoggs they are proved to bee felloniously taken, but not yet
-
THE OLD PELLETREAU HOUSE.
1
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RECORDS : TOWN OF SOUTHAMPTON.
clearly proved whose they were also with increase of court charges. 2£, 0s, 0d.
Sept 22 1658 Be it knowne vnto all men by these presents that whereas there hath been difference betwixt Mr Stanboro and Iohn Scot and his partners viz, Joseph Rayner and Rich- ard Howell, now they have mutually concluded jointly and severally to put all differences from the beginning of the world to this day, for any cause or reason what soever to the determ- ination and full conclusion of two men namely Thomas Thom- son, and Iohn Iessup, and do hereby ingage themselves into the hands of the magistrates to stand to award.
Per me JOHN HOWELL Sect.
PAGE 148. Septem, 7, 58 The cort is adjourned until the 3d Tewsday of this instant month, the quarter court,
Sept 19 | 5S An action of tresspass vpon the case entered by John Scot plaintif against Mr Iosiah Stanboro defendant.
An action of slander entered by John Scott plaintif against Thomas Diament defendant.
An action of tresspass vpon the case for Slanderous words entered by Steeven hand against Iohn Woolly defendant.
A jury impanilled to try the above mentioned actions, Chris- topher ffoster Thomas Halsey Iun. Iohn Iessup Ioshua Barnes Iohn Jagger Thomas Sayre Joseph Raynor Iohn Topping Rich- ard Howell.
The jury finde for the plaintif Steeven Hand 3£ with in- crease of court charges. Ieremia Vale becomes engaged ac- ording to the verdict of the jury to Satisfie.
At a court holden Iune 22, 5S It was then ordered that the estate of mark Meggs that was then sold at an outcry should bee committed into the hands of Mr Iohn Ogden and Samuel Clark for the payment of meggs debt, but nothing hath been done acording to that order vntil this day, therefore the court now sees cause that execution should bee done vpon the estate according to the former order, (viz those that bought it at an outcry and have not payd it,) The court being occasioned by
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RECORDS : TOWN OF SOUTHAMPTON.
John Scot not paying acording to former order made by the court, it is determined by the court that hee shall pay into the handes of the Marshall 2£ for contempt of the court order, and this court charge.
PAGE 149. Sept 21, 165S At the quarter court it is con- cluded that two men should be chosen, one from this towne, and another from East-Hampton, the party from East Hamp- ton to bee chosen by Mr Stanboro to goe to Sagaponach to prize of the goods and cattel of Mr Stanboro, to the value of an hundred and thirty pounds, for and in the behalf of the children of the late deceased Thomas Wheeler and the said hundred and thirty pound to bee standing security for the childrens portions and this to be performed this day month,
PAGE 150. [This page blank in original book ]
PAGE 151. Sept 21, 165S An action of the case entered by John Cooper Iun plaintif against Samuel Dayton defendant.
An action of tresspass vpon the case entered by Richard Post against Thomas Pope defendant.
The jury find for John Cooper plaintif the horse and court charges with all damages, the court granted judgement acord- ing to this verdict,
The defendant viz Samuel Dayton appeales to the court at Hartford.
Sept 22 1658 Bee it known unto all men by these pres- ents yt l Samuel Dayton of the north sea, and Thomas Barker of East Hampton and Robert Dayton of the same, doe by these presents engage ourselues mutually in the sum of thirty pounds for to prosecute the appeale with efect the next quar- ter Court at Hartford.
Per me JOHN HOWELL Sec.
Bee it known unto all men by these presents that I John Cooper Iun. of Southampton do by these presents bind myself with my father John Cooper Sen in the some of thirty pounds
-
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RECORDS : TOWN OF SOUTHAMPTON.
to answer Samuel Dayton acording to his recognisance in his appeale to the quarter court at Hartford,
John Douyer
Autograph of John Cooper, Sen., 1640. Per me JOHN HOWELL Sec.
Iune 8, 59 an acompt taken of the goods that were taken from the dutchman 12.£, 10s, and an ancre of liquors.
The men viz Joseph Raynor and Samuel Dayton and lohn Woodruff doe acknowledge that they proseeded to take the vesell without any comition or power from any, only from in- formation as they say the dutchman sould prohibeted goods,
Iune 8, 59 bee it knowne vnto all men that wee Joseph Rayner Samuel Dayton and Iohn Wendall, doe acknowledge ourselues to bee indebted to the authority of this towne the sum of thirty pounds sterling, vnder this condition that wee doe personally apeare at the next court to be holden for Southamp- ton which is adjourned until the 24 day of this present month, then and there to answer to such matters, as shall be brought in against us, Joseph Raynor and Samuel Dayton and Iohn Wendal subscribed to these recognisances.
PAGE 152. Sept 22, 165S. At a quarter court the will of the late, deceased Ralph Dayton was brought into the Court and aproued of by the magistrates, and the 10€ that Robert Dayton owed to his father hee hath put it into the estate.
It is ordered by this court that Mary Cleare shall live noe longer wandering to and fro from house to house, but that she shall live againe in a place except she change her condition by marriage
At a court Iune ye 21, 1655 The Court having considered and weighed the miscariage of the men who were bound over to this court, viz, Joseph Raynor Samuel Dayton and their associates viz, Thomas Diament, Iohn Wendal Edmond Shaw they finde them deeply guilty in the maner of acting in or about taking the vessell, in several particulars, first for contem of
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RECORDS : TOWN OF SOUTHAMPTON.
authority, manifest breach of the peace in many mutinous ex- pressions, whereby some were afrighted, and many grieved, at such vile expressions, and actions, for which miscariages and others the court doth sentence them to pay 20s apeace, viz Ed- mond Shaw Joseph Rayner and Thomas Diament, the other two viz Samuel Dayton and Iohn Wendal 50s apiece for their pre- sumption preceedings 2 times after they had covenanted and en- gaged to the contrary, making further molestation and disturb- ance in the place, further the courte sees just cause to fine Samuel Dayton 50s for aspersing the towne with an unjust accusation in saying, what should we yield for to have a triall in this towne that never did good.
PAGE 153. December 9, 5S At a towne meeting Thomas Sayre was chosen to bee overseer for mending the bridge.
At the same meeting it was granted to Iohn Topping that hee shall have six acres adjoining to the east end of his fathers field.
At the same meating it was granted vnto John Scott that hee should have 3 acres for a house lot and 5 acres changed that lies at the reare of Mr Raynors lott to bee added to this 3 acres which lies next Iohn Iaggers adjoining to it. Allso hee engages to build and live vpon that land 3 years or else it re- turnes to the towne againe.
Ian 10, 58 It is ordered by this towne that whosoever shall speeke disorderly in the time of the meeting, or if any shall interupt another whilst hee is speeking for every such de- fault shall pay 6d.
May 24, 1659 An action of debt entered hy Thomas ffoster plaintif against Richard Howell defendant.
An action of tresspass vpon the case entered by Edward Howell plaintif against Thomas Diamont defendant.
The jury impanelled to try the above sayd actions Richard Barret Richard Post Joseph Rayner Obadiah Rogers lonas Bower Iohn Iagger.
PAGE 154. December 15, 58 at a court Tho Diament was censured for these miscariages following first for saying the
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RECORDS : TOWN OF SOUTHAMPTON.
magistrate viz Mr Gosmer had gone beyond his power, 2 for saying the constable had done that hee could not doe, and did that hee could not justify, 3 that he would have resi. ted those that were commanded by the cunstable to lay hold on his wife to the spending of his blood, 5 for calling Joseph Rayner and John Scott dogg and hound.
The sentence of the court concludeth that Thomas Diament shall make a publick acknowledgement ofhis evill in the prem- ises and he be bound to his good behaviour until the next quarter court and so forwards until there be a reformation.
I Thomas Diament of Southampton do acknowledga my self to be indebted unto the authority of this town in the some of 10€ sterling under this conditon, that I Tho Diament and ma- ry my wife shall and will appear at the next quarter court then and there to answer unto all such matters that may be object_ ed against them, and in the mean time to bee of good behav- iour towards all lawful people.
At a court March 1, 1658 I Thomas Diament of Southamp- ton doe acknowledge myself to bee indebted unto the author- ity of this towne in the sure of 10£ sterling to bee leavied of my goods and chattles lands and tenants under this condition, that I Thomas Diament and mary my wife shall and will ap- pear at the next court then and there to answer unto all such matters that shall be objected against us, and in the mean time to bee of good behaviour towards all lawfull people.
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