USA > New York > Suffolk County > Southampton > Records of the town of Southhampton, with other ancient documents of historic value, Vol. I > Part 12
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At the same court Edmond Shaw was censured by the mag- istrates [words gone] for his miscarriage in drinking.
PAGE 155. At a quarter cort March 1, 165$ It is ordered by the court that the estate of Mark Meggs shall bee forthwith delivered into handes of Mr Ogden and Samuel Clark, and they are to make payment of all such debts that can be proued due from Mark Meggs, and they are to make proclamation that all claiming any debts shall make their debts apeare at or be fore the 20th day of this present instant March.
At a quarter court September 6 1659. An action of tress- pass vpon the case entered by Richard Post plaintif against Thomas Sayre defendant.
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RECORDS : TOWN OF SOUTHAMPTON.
An action of tresspass vpon the case entered by Henry Pier- son plaintif against Thomas Pope defendant. The jury im- panielled to try the above said actions Richard Barrit Iohn Iessup Edward Howell Ioshua Barnes, Mr Hampton, Ionas Bower, the jury find for the plaintif viz Henry Pierson the bond and increase of cort charges.
The jury find for the plintif viz Richard Post, the medow which was Mr Gosmer's and all just damage with increase of cort charges.
The cort granteth judgement acording to the verdict for the plaintif, Henry Pierson.
PAGE 156. December 9, 58
1 The first thing that I shall propose to you whether wee shall have liberty to bring the whales that we strike ashore on your land, and make them out into oyle without molestation.
2 whether you will grant the dead whales that shall come ashore within your limits that have our marks by lance or harping iron upon them wee not meddling with such as come ashore without these marks.
3 that you shall suffer no others besides your town and our company to [word gone] up the design within your limits for seaven years, and that wee may have these proposition grant- ed us for seven years.
4 That we may have the use of any harbor within your limits, and liberty to cutt wood to try out such fish or fishes that shall be by us taken.
These propositions being granted and concluded, and con- firmed by your hands, wee intend to sett upon the designe the next spring.
These proportions are granted by the towne with these lim- itations following,
Imprimus that after the three years be expired that the com- pany are engaged to the merchants that then they shall not any further agree with the merchants nor any others without the townes consent concerning this designe.
? that the dead whales that shall come ashore or that they
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shall find at sea, that have not their marks shall be none of theirs .*
PAGE 157. At a quarter court there was allowed unto 3 men viz Joseph Rainer Iohn Scot and Richard Howell for 3 days works each of them 1s, 6d per day,
March 11, 59 Whereas I John Cooper of Southampton on long Island hath defamed and slandered Ionas Wood H. of Hunting- ton in charging of him of forgeing of writings and bringing in false testimonies or witnesses, these are to certifye my sorrow for the same and also that I have wronged him in so saying and doe ingage myself by this my acknowledgement to bee de- livered at Hartford or Southampton betweene this and the last of Iune next following the date hereof, and hereunto I bind my- self in the some of two hundred pounds to be payed unto Ionas Wood in case of failing hereof witness my hand.
JOHN COOPER.
PAGE 15S. October the 6, 1657 At a court of Election, nominated for magistrates, Imprimus Mr Iohn Gosmer, 2 Mr John Ogden 3 Mr Raynor,
At the court of Election it was voted and concluded by the maior part that Richard Post and Iohn Howell should stand officers according as they were chosen by the souldiers.
At the same time it was voted and coneluded by the maior part of the freemen that Mr Gosmer and Iohn Iessup and losh- ua Barnes, to consider the complaint of Thomas Halsey and to at their best indeavor to right him.
At the same court Thomas Halsey and Iohn White Ioshua Barnes, were chosen townes men to order the afaires of the towne for this ensueing year, and to have the same power the three men had the present yeare.
PAGE 159. Iune 2, 1657 At a towne meeting it was voted and concluded by the maior part that all unlawful cattle or hor- ses (that shall be adjudged so) by Edward Howell and Iohut
* As there are no names of the contracting parties given in these propositions, it is unknown what company is alluded to. but as Mr. John Ogden is mentioned in 1661 as heing the head of a whaling company with similar privilege, he was propaably its leader. W. S. P.
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Ogden shall be turned out of the ox pasture, and alsothe above said men shall have power to Judge of the fence of the ox pas- ture whether it bee sufficient, and whosoever is found defective in their fence shall make the same sufficient by this day senit* they having notis by the third day next at night, upon forfeit- ure of 5s a pole for every neglect, and if also any such cattle shail be found in the oxpasture after they have been turned out by the said two men they shall forfeit 2s a beast to bee levied by way of execution.
ffeb 26, 1657 An action of tresspass upon the case entered by Henry Pierson plaintif, against Richard Howell defendant.
An action upon the case entered by Iolin Scot plaintif against Ellis Cook defendant.
Iury impanelled to try above written actions, Christopher ffoster Thomas Sayre Iohn Iessup, Ionas Bower Ioshua Barnes John Iagger.
The jury findeth for the plaintif, the defendants part of the mare makeing such pay as [word gone] should have had, we find for the defendant to pay Court charges and 2s damage judgement is granted acording to the verdict of the jury,
PAGE 160. Octob 6 1657 At a court of election it was vo- ted and concluded by the maior that Mr Iohn Ogden Mr Gos- mer Henry Pierson Isaac Willman, should take it into consid- eration and conclude concerning the inventory of the estate of the late deceased Thomas Hildreth, to set down and apoint what shall be to the woman, and how much to the children.
Ian. 5 1657, at a towne meeting it was voated and conclu- ded by the maior part of the inhabitants that Iohn Iessup and Thomas Halsey are appointed to view the fenceing about the great and little plaine, and what they shall finde to bee suffi- cient shall bee accounted sufficient and what defective shall bee accounted so, these men are chosen for this present yeare and to goe at the apointment of the three men.
At the same time it was also voated and concluded that ev- ery inhabitant of this towne that hath fenceing in or about
* Seven night.
W. S. P.
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the great and little plaines and oxpasture, shall at both ends of his fence put his railes in his owne posts, and this to be done this present month, within sayd month.
At the same meeting it was voted and concluded by the ma- ior that hee that keeps an ordinary at Southampton or north- ampton shall sell his drink viz liquors at 3s a quart which is not drunk in his house and that no other party or parties shall sell any drink or liquor either directly or indirectly to any in the bounds of Southampton but only to the ordinary man or men, upon the penalty of 10s a quart, one half to him that discouers it, and the other half to the towne.
PAGE 161. These Presents doe witness that Robert Mervin doth acknowledge to have received in full payment for his house and land with the privileges thereof in Southampton, of Sam- uel Dayton in whose possession the said house and land is in at present, And that there is a full and final end of all debts, dues and demands whatsoever for any cavse what soeuer, from first to this present date, that hath or might have been from either of the said parties to the other, and they doe hereby free each ether from all dues or demands what soever that may bee miade by any in the name of either the said parties unto the other.
Witnes their hands the seconde of Iune 1654.
In presence of Ralf Dayton
ROBERT MARVEN SAMUEL DAYTON
Henry Pierson Sec.
March 9, 5S At a towne meeting the complaints of the mil ler were weighed and considered, and it was concluded by the maior that hee the said William Ludlam had no right to any privileges but only to pay as a fifty in consideration to his forty acres of land, and 4 acres of meadow, and his mill
At the same meeting it was ordered that the fence between the Indians and us shall be sufficiently sett up against hoggs and all other cattle, by the 15th day of Aprill next ensueing vpon penalty of 12d a pole for every day that it shall bee found defective, the ouerseers of this fence are the three men.
At the same meeting it was concluded that all fences about
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the plaines shall bee made sufficient by the 17 day of this present month vpon penalty of 12d per pole, and if hoggs doe any damage they that are the owners of such hoggs shall pay the damage.
PAGE 162. March 7 1651. Mr Richard Mills of this towne hath sold and delivered unto John Cooper Iun of the same the home lot, with all and every other allotment and proportions of lotts vpland and medow ground belonging uto the said Mr Rich- ard Mills. The said allotment in all being of the denomination of an hundred pound lott, all the said parts of the said lottment lying and beeing in the same form, acording as they fell by lott. to him the said Mr Mills, without alteration or alienation, except his proportions of late laid out on the little plaine, insted of which land hee doth assure upto the said John Cooper No 10 in the second division and the amend allowed to Ionas Wood lying betweene Mr Fordham on the South side, Tho Sayre on the north.
Witnes Henry Pierson Sec.
Witnes my hand RICHARD MILLS.
May 15, 1652 William Barnes of this townu, hath sould vnto Mr lames Hampton of Salem the saide Wm his house and lott* with all the apurtenances, there to belonging, or may thereto of right belong, from town &c, for which hee hath in hand now received 5s as earnest of this said present bargain, and as in part of payment for the said purchase, and hee is to haue thirteen pounds fifteen shillings more paid vnto him or his assigns by the said Mr Hampton or his assigns in lawful money, or English comodities at a reasonable rate, at about the latter end of October next when he the said Mr Hampton comes to take possession of the said purchase. Allsoe in con- sideration of the said some to him paid as aforesaid hee the said Mr Hampton is to have 2 acres of wheat on the ground as his proper goods, which wheat is on soe much of ye ground belonging to the said lott, and the said wheat Mr Hampton is
* This is the three acre lot belonging to Albert Post, and south of the homestead of William S. Pelletreau. W. S. P.
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to own at harvest without molestation, by the Said William or any from or by him.
In witnes the said parties have hereto set their hands
IAMES HAMPTON, WILLIAM his mark x BARNES.
PAGE 163. 3d of may 1651 Richard Post and Thomas Pope exchanged and agreed vpon their deviding their lotts by the little plaine, in manner following, Thomas Pope is to haue the first half acre in the first dividence numb 40, which is for his 50 share, all proper his owne; Richard Post hath for his hun- dred pound numb. 32 in the second dividence, numb. 14, in the third dividence all proper his owne.
Thomas Hildreth & George Wood exchanged and agreed dividing vpon theird lotts in the little plain in manner follow- ing, George Wood hath the halfe acre in the first dividence numb. 3, which is for his 50£ share all proper his owne.
Thomas Hildreth hath ye second dividence numb 13, and the Sd dividence Numb 33 all proper his owne.
An exchange of land betweene Mr Iosiah Stanborough, ar.d Thomas Halsey February the 25th 1657, as followeth, the said Mr Stanborough is to have two acres of land belonging unto the said Tho. Halsey lying on that pt. of the plaine comonly called Halseys neck and the said two acres to be of the south side of his land and next to Richard Barrett his land there, And in exchange as aforesaid, the said Tho. Halsey is to have all and every the three divisions of land lying and beeing in the little plaine (of late laid out) which belongeth vnto the said Mr Stanborough, and this the firme agreement of the said par- ties the day above said, they having the said day given full possession each to other of the said proportions of land.
In presence of THOMAS HALSEY Hen Pierson JOSIAH STANBOROUGH.
October 6, 1659 Edward Howell exchangeth and impart- eth to John Woodruff 4 acres of land & & lying in ye plaine, by ye side of ye pond at ye west of the home lots, and Iohn Woodruff imparteth & exchangeth vnto him ye said Edward
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Howell 2 acres } of land on ye Captains neck lying next to his owne land, and allsoe his meadow by ye long tongue in Shir .- ecock neck.
PAGE 164 November 15, 1652 Mr Josiah Stanborough ex- changeth with Thomas Pope, and passeth over vnto him the home lott of two acres (less or more) which hee the said Thom - as Pope now dwells on* In consideration of the 3 acres given and granted by this towne October the 6the last past vnto the said Thomas Pope, which 3 acres lying next vnto the said Mr Stanboroughs his home lot, the said Thomas doth exchange with and passeth over in lyke manner affore said vnto the said Mr Stanborough. Witness
Henry Peirfon Ploark
(Autograph of Henry Pierson.)
Received of Thomas Topping fifty and five shillings this tenth of Iune 1657 and is the full and just sum that was owed to me by his father, for any cause or reason whatsoever to the day of the date hereof
per me IOSIAH STANBOROUGH
A true copy by mee Iohn Howell.
feb 12 1657. John Ouldfield acknowledgeth that hee hath exchanged a 5£ alotment at Sagaponack with Mr Stanborogh for two halfe acres in the little plaine.
Ian, 10 1658 at a towne meeting it was granted by the towne that Mr Raynor and Iohn Iessup shall have 6 acres granted them yf it bee to be had in the ten acre lotts,t instead of the meadow which was digged vp for the west sepoose.
At the same meeting it was granted to Daniel Sayre that hee should have 3 acres for a home lot beyond Ichn Bishops, and the five acres of his fathers exchanged to lay to it.#
* "Thomas Pope's home lot" lies between the house of Albert J. Post and the house late owned by John Rogers deceased.
W. S. P.
# Daniel Sayre's home lot is the one now owned by Mrs. Fithian, north of Caleb Halsey's homestead. W. S. P.
The " ten acre of lotts " or the" ten acre furlong," as it was sometimes called, is the rict of land lying north of Captain's neck lane, and west of the homestead of August Reeve. W. S. P.
.
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At the same meeting it was granted to Goodman Barret, he should have his ? acres come down to the pond side, lykewise Joseph Raynors that lies in the same furlong to come to the pond side.
PAGE 165. At the same meeting it was granted to William Ludlam yt hee should have 13 acres of his fathers 40 that lies on the other side of the mill, to ly on this side of the mill, pro- viding vpon viewing it proue unprejudicial vnto the towne,
ffurther it was granted to Iohn Ogden that hee should have that part of the swamp that lies against his lot in Coopers lott.
October 6 1659. At a court it was granted to William Ludlam to have 4 acres lieing on that side the mill to set his house vpon, and this land to be layed out at the discretion of two men apointed by the towne.
March the 21 1658. Thomas Diament acknowledgeth that hee hath bought of Isaack Willman 30 acres of ground in the Captain's neck, which was formerly Mr Richard Smiths in ye ten acre lotts and there is belonging to the sayd ground, five poles of fenceing at the corner next Tho. Coopers.
October 6, 1659 Richard Barrett Iohn Howell & Tho. Halsey chosen townsmen.
PAGE 166. Alienations and exchanges of Land.
Ian. 6 1653 Thomas Burnet purchaseth and posesseth of and from Mr Iohn Gosmer his 5 acres of land lying in the ten acre lott furlong, within the ox pasture fence, as appears by an Indenture recorded in this booke.
Febuary 10, 1653 Thomas Burnet vpon exchange impart- eth unto George Wood his portions already laid out at scuttle hole, being about 4 acres, for 5 acres in the plaine belonging to the said George which hee bought of Samuel Dayton.
John Lum posseth in the right of Thomas Burnet, 1 acre of land in the little plain.
Christopher ffoster imparteth his lot No. 20 at Sagaponack unto Mr Gosmer for his lot in the same devision no. 37 lying in Davis his neck.
Mr Josiah Stanborogh hath in the right of Wm Rogers
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(which hee had in the right of Tho. Vale) his 100lb lottment at Sagaponack beeing in No 15. Mr Stanborogh in the right of Mr ffields 100 lb lotment of Sagaponack in No. S.
Mr Stanborogh in the right of Mr Rainer and Ioseph Rain- er No 21 and 22 at Sagaponack.
Mr Rainer hath in exchange of Mr Stanborough 3 acres ly- ing west on his ten acre lott, and two acres of his lot called his S acre lot and lying South of Ellis Cookes his 2 acres on ffarington neck furlong.
Mr fields hath in the right of Mr Stanbourough 2 acres on the east side of his 10 acre lott.
Tho. Halsey imparteth his allotment at Sagaponack No 23 vnto Mr Smith for his 4 acres at the head of the creek at the end of the great plain.
PAGE 167. March 17 1653. Mr Stanborough hath in the right of Obadiah Rogers No. 14 at Sagaponack in exchange for 2 acres in the plaine lying Southward of the 2 acres which Mr Stanborough exchanged to Mr Raynor on ffaringtons neck furlong,* Mr Stanborough to haue the crop that shall be there- of this ensueing year.
March 23 1653 Mr Iosiah Stanborugh hath by purchase of Thomas Burnet his right beeing 100 lb allotment in No. 3 at Sagaponack and allso his right beeing 100 lb allotment in No. 18 at Sagaponack, which hee bought of John Lum.
Mr Stanborogh hath in the right of Richard Post 100 lb al- lotment in No 13 at Sagaponack, in exchange for an acre of marsh with what belongeth there vnto, which the said Mr Stanborough had in shinnecock neck, of Trestrum Hedges.
April 26 1654 Mr Stanborogh hath in the right of Ellis Cooke 100 lb allotment in No. 24 at Sagaponack in exchange for 1 acre of meadow lying above the salt marsh in Halseys neck next the west creeke and one acre } of land lying west- ward of John Coopers sen. his land in the 10 acre lott fur- long.
October 3, 1654 entered an exchange formerly made in Mr
* Farrington's neck was probably the tract now known as Wickapogue. W. S. P.
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RECORDS : TOWN OF SOUTHAMPTON.
Josiah Stanborgh hath of John Iagger one fifty pound lotment of No 24 at Sagaponack.
Mr Stanborogh hath of Mr Fordham No 16 at Sagaponack for No 26 in the same division.
Mr Stanborogo hath of Bartholemew Smith a fifty pound lotment in No 15 at Sagaponack for 10 acres in Halseys neck lying on the north side of Richard Barret his acre.
March 26 1655. Mr Stanborogh imparteth to John Cooper Sen his 2 acres of land sometimes in the use of Trestram Hed- ges and lying southward of an acre belonging to Hen. Pierson, next to Joseph Rainer, in Halseys neck on ye great plaine, and the said John Cooper imparteth to the said Mr Stanborogh his 150 lb lottment No 9 at Sagaponack, which is in exchange for said 2 acres.
Oct. 1 1655 Christopher ffoster hath bought of Obadialı Rogers 2 acres of his in the little plaine.
April 15, 1656. Richard Barret hath put of his allotment in Sagaponack devision to Tho Halsey Iun.
Mr Ogden acknowledgeth yt Mr Odell his lotment in Saga- 1.onack devision belongeth to him.
May 1656. MI Edward Iohnes acknowledgeth to have bought of Mr Stanborogh his housing and fenceing vpon 3 ac- res of his town home lot with the said 3 acres of land, Mr Stan- borogh allso acknowledgeth ye said bargain.
December 12 1656 John Howell hath bought of Medlin Dayton ye wife of Samuel Dayton with his consent 4 acres of ground in the great plaines being next to the 4 acres comonly called by the name of Haracres lot and the meadow belonging to it.
Feb 28 1656. Isack Willman hath bought of Mr Smith 3 acres vpon the ten acre lotts, and 3 acres joining to Mr Rain- ers back lot, and one acre lying on the west side of John Whites about the middle of the little plain, (2 words illegible,) a 50 pound lot formerly.
Iune 5 1657. John Howell sould to his father Mr Edward Howell* one acre and a roode lying in (word gone.)
* According to the notice on page 130 of original) Mr. Edward Howell must have died he- fore Oct. 6th, 1655, the date given above must refer to date of entering on record. W. S. P.
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RECORDS : TOWN OF SOUTHAMPTON.
Octob. 20 1657. Mr Rainer hath bought of Ionas Bower an acre next vnto Iohn Iaggers for 10s, allso two aeres that hee exchanged with Richard Howell for two acres that was Mr Stanboroghs in the ten aere lotts.
PAGE 169. Iune 5 1657. Iohn Ogden hath bought of Sam- uel Dayton his house and home lot and five acres in the ten aere lotts, and 4 in coopers neek. and two acres more in an- other place also he bought the meddow belonging to it.
June 20 1657 Samuel Dayton doth acknowledge yt hee hath boght of Mr Edward loanes, 3 acres that was formerly Mr Stamboroughs with a house upon it,
Iune 20 1657 At a town meeting it was voated and con- cluded by the maior part, to accept of and receave all the lawes of the Jurisdiction of connecticut, not crossing nor con- tradicting the limitations of our combinations bearing date may-30 1645,
Allso it was at the same time voated and concluded, that o the way of stateing and voteing by land shall be altered, and all men rated by estates and land according to the law of the Jurisdiction of connecticut,
Sept, 17, 1657 Mr John Gosmer hath bought an hundred pound lot of lohn Topping with the housing and fences and all his acomodations with all the privileges there unto belong- ing in Southamton,*
Octob'r the 20 1657, Mr Raynr hath boght a house lot of Ionas Bower, and at the same time anothe home lot of John Jagger lying at the south side of the home lot that was former- ly given to Iohn Lum,
Also he hath in lieu of eight acres thrown up in the ten ac .. res in the great plain, eight acres of ground at the reare of the two lots of Jonas Bouer and Iohn Iagger, also an aere in way of exchange of lohn Iagger lieing on the northi side of the above sayd eyht acres, for an acre of land in the great playne that was Mr Stambroughs,
* Mr. John Gosmer's home lot is probably the old Pelletreau place John Topping probably lived on the lot now occupied by Mr. Frederick Howell, and the heirs of Daniel Fordham. W.S.P
P
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PAGE 170 This Indenture made the 6th day of January in the yeare of the nativity of Christ according to the English acompt 1653, Between John Gosmer of Southampton vpon the Long Island in America Gent, of the one part, and Thomas Burnet of Southampton afforesade husbandman, of the other part, Witnesseth that the said Iohn Gosmer for and in consid- eration of twenty shillings, to be paid hereafter in worke rnto the said Iohn or to his assignes have barganed sould and sett over vnto the said Thomas Burnett, all that his parcell of land lying in the great plaine in a place there commonly called the ten acre lotts, viz all that part which lyeth without the ox-pas- ture fence, containing by estimation five acres of land be there more or less, to have and to hold the said five acres of land to him the said Thomas Burnet his heirs & assigns for ever, to- gethr with all the wayes easements and Improvents what so evr thereunto belonging, without any lett hindrances or moles- tation what soever done by the said Iohn Gosmer at any claym- ing undr him, his heyres or assigns fer evr, And the said Thom- as Burnet doth by these presents binde himself his executors and assigns well and truly to pay the above specified 20s to the said Iohn Gosmer or to his assigns in manner followeth, that is to say four dayes work betweene this and the last of march next at 2s the day, and two dayes work in mowing seas- ons at 2s 6d the dy, and the residue to make up the said 20s to be paid in the months of Octobr next, all which work is to be paid unto the said Iohn Gosmer at three or four days warning, In seals, witnes where of the said parties have set to their hands and Signed sealed and delivered
In presence of vs JOHN JESSUP,
HENRY PIERSON
A true copy by me HENRY PIERSON Secr,
THOMAS his mark GOLDSMITH,
PAGE 171 April 30 1656. Mr John Houell doth acknowl- edge that last winter he sold a young mare of two years old at present, unto Mr Josiah Stambrough; and Iohn Ogden Iunr doth acknowledge he did through mistake tak vp the said mare
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RECORDS : TOWN OF SOUTHAMPTON.
and marked her, with a hott Iron vpon ye neare shovlder, with his brand marked which is this signe O,
Witness HENRY PIERSON, Sect,
May 25 1659 John Ould field acknowledgeth that he hath sould unto Ellis Cook his home lot lieing betwixt Thomas Hal- seys Sen, and Thomas Cooper also the half acres lieing in the little plains, and an acre more in liew of that he threw up in the ox-pasture, also he acknowledgeth hee hath sould the savd Ellis all the comonage and privileges of a 50 pound lot be- longing to that land,
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