USA > New York > Suffolk County > Southampton > Records of the town of Southhampton, with other ancient documents of historic value, Vol. I > Part 14
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RECORDS : TOWN OF SOUTHAMPTON.
in respect of their persons & estates, to bee disposed of by the said 7 men in a way of righteousness, to attend any means that may in their Judgement effect the said ends,
May 4, 1657 It is ordered by the 7 men impowered, that one half of ye inhabitants of this towne shall keepe centinell or ward in the towne according as they shall be disposed by officers for that purpose, for one day, and the other half of the inhabitants shall have liberty to goe about theire planting or occasions pro- vided they goe togethr, and work soe neere together, that in the Judgement of those appoynted a centineil the company yt soe goe forth, may come to gether before any danger in respect of assault as came vpon them the other day, and soe successively until farther order, in this respect. And all those that soe goe forth are to have theire armes with them, and it is left to Ser- geant Post to and to effect the afforesaid order,
It is further ordered that ye letting off of one gun shall bee sufficient Allarum in the night, and if there bee any allarum in the night, then all Inhabitants from ye North end of the towne to Tho Sayres shall repaire to about Mr Gosmer's,* and all southward of Tho, Sayres vnto the lane by Richard Barrets t shall repaire to the meeting house, and all from thence to the southend of the towne repaire to about Tho, Halseys Sen his house ; # none to make willfully a false allarum vpon penalty of being whipped, And in case there bee an Allarum and any man hearing it yet appeareth not to his appoynted place as aforesaid shall forfeit to the towne the some of 5s,
January 5, 1665 The overseers have agreed with James Her- rick that hee shall have one acre of land at the reere of his home lot in consideration of a foot way for people vp his lott to the burying place where the towne have an acre for that vse; & Iames Herrick is to have the hearbridge of it,
Jan 5 65, James Herrick is agreed vith to beat the drum on ye Lords dayes according to custome, and to have 20s per year
* The late residence ol Charles Pelletreau deceased.
t Toilsone lane.
# The present residence of Nicholas White.
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RECORDS : TOWN OF SOUTHAMPTON.
for the same soe long as hee dischargeth yt office the towne paying for drum heads and cordidge.
Sept 4 1665 Leiftnt Post is agreed with to build a watch house of 15 foot square, 7 foot gice * over it, a chimney catted and fit for daubing, ye widens of ye house; with rafters fit fr lathing for sshingle, the studs fit for 5 foot clapboard, posts in the ground cf white oak, ye stuff to bee carted by ye town and sufficient help to reare it & to bee finished within ? months. And hee is to have paid to him by the towne 4£ 12s 6d per bushel, ye rest in current pay,
Sept 4 1665 By ye overseers Hen. Pierson is chosen to bee recorder and clarke for the towne and is to have 10s per An. as in formr yeares for his paynes.
June 30 1669 lt is ordered by the cunstable and overseers together with ye inhabitants of ye towne that if any per- son shall presume to make allarum shall fur his or ther default pay twenty shillings or be severely whipped, and that no per- son pretend ignorance, It is concluded that one gun being fired off ir. the night after ye watch is set shall bee Acconted an allar- um, likewise three being suddenly fired one after another in ye day ; and all persons are hereby required to be verycircumspect herein vpon there vtmost peril, Allso that if any upon the watch shall at any tyme here after bee by such persons as are vpon oath, hereunto apponted found sleeping or any way care- less, shall pry unto the publick twenty shillings for any such default, as witnes our hands,
April 30 1657 half a pound of powder a peece delivered un- to ye undernamed persons out of ye magazen.
Nathaniel Foster
John Oldfield Iohn White
Isaac Halsey John Jagger Ellis Cook
Thomas Halsey Ir John Bishop Isaac Willman
lohn Howell Ioshua Barnes Tho. Topping
John Coopr Ir Tho, Pope Elnathan Topping
Edward Houell
John Ogden Iohn Hand
Francis Sayre
Ionas Bower John Iessup
* Joists.
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RECORDS : TOWN OF SOUTHAMPTON.
Daniel Sayre
lohn Topping Edward Houell
Henry Ludlam
Tho. Burnet Christophr ffoster
Thomas Cooper
Sergeant Po-t John ffoster
Iohn Woodruf Sen
Obabiah Rogers Joseph ffoster
John Woodruf Ir
Henry Pierson Richard Howell
David Halsey Iames Herrick
Joseph Rayner
Iohn Negro, and thre was weighed 9 lb & of pow- der and put into the barell, & remains to be disposed,
[After an order bearing date March 1666 in relation to fences upon the plain the following entry is made] Lykewise it is con- cluded that the drumme being beat att the setting these vpon the meeting house post shall bee sufficient publishment there- of, as allso any order that hereafter shall bee to be published.
[The plan of this book does not include printing the records in the book of town accounts of a later date than 1660, but as many names occur of persons who were evidently residents of the town for a greater or less length of time, and as the writ- ing is much faded, we have concluded to give a list of such names, as it may be of service to future writers, or collectors of genealogies, W. S. P.]
Nathaniel Dominy 1668
Robert Kellum 1666
Thomas Steevens 166S
lames Redfield "
Cornelius Vonck 1651 Wm Russell 1667
Charles Strong 1661
Arthur Crese 1666
Benjamin Haine 1668
Iohn Tenison 1667
John Loughton Ionas Houldsworth clerk 1667
Josiah Loughton
16SS
John Davis 1667
Wm Salier 1668
John Wheeler 1665
Thomas Tailer
Samuel and Ioseph Davis
lohn Roe 1666
brothers 1668
Christopher Leaming 1667 .*
Garret Travis 1666
Benjamins Davis 1666
lohn Franklin 1666
* Christopher Leaming afterwardt removed to Cape May, New Jersey, probably 1668 .- W. S. P.
APPENDIX.
-0- - -
COPIES OF VARIOUS DOCUMENTS RELATING TO THE EARLY HIS- TORY OF SOUTHAMPTON. THE ORIGINALS BEING PRESERVED IN THE LARGE PORTFOLIO MARKED "HISTORICAL DOCU- MENTS."
[Papers Relating to Suit with Southold about Acquebogue meadows.]
Southampton March the S, 1667 The depositions of Rich- ard Woodhull aged about 60. This deponent saith that the tract of land vhich long agoe was by the Indians given or gran- ted vnto this deponent and Mr William Wells of Southold, be- gan at ye end of the westward bounds of Southold land and contained Curchauk, Mattatuck, Accabouk, and thence to Pea- connet River, And further saith that the deed which the In- dians signed in contents were according to ye premises, All- soe saith that within a while after the said gifts or grant this de- ponent heard that Mr Youngs had made purchase of a parcell of land within the compass of the said land, given as aforesaid, and there upon this deponent sent a letter of protest against ye said purchase vnto Mr Youngs and Southold men, and after the said protest made Mr Wells and some other came to this deponent and bought of him his above said Interest.
This Deposition taken before me JONAS WOOD.
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RECORDS : TOWN OF SOUTHAMPTON.
Richard Howell and Joseph Rainer aged abont fourty yeares deposed this 15th of September 1667 Saith as followeth. That vpon a time about the latter end of may, last Capt, John Youngs of Southold brought over to Southampton Thomas Stanton with some of the chiefs of Southampton Indians, meeting at the Schoolhowse, some of the chiefe of Southampton Indians, with the Sachem being there, Capt Youngs being asked the end of his comeing said, to finde out truth, viz whoe had the true right to ye land or meadow in controversy betweene the said two townes, And the debate therevpon grew on betweene the Indians, then being present some of the Southold Inhabi- tants, with divers of ye chiefe of the inhabitants of Southamp- ton, Thomas Stanton being ye interpreter. These depo- Lents heard the said Thomasask both parties of ye Indians whoe had the true right to the said land & meadow. And the said Indians (after long debate) Ioyntly answered, that ye young eagles that were taken in the nests, and the deere that were drowned or killed in the water, It was ye Indians customs to carry ye said eagles & the skins of the Deere to those Sachems or Indians that were the true owners of ye land, thereupon Thomas Stanton presently replyed saying, indeed the eagles & the deere were something, but if there were a beare killed or drowned, that would put the matter out of controversie, And the deponent heard Southampton Indians affirme that there was a bear drowned or killed in ye same tract of land now in controversie between ye the said Townes, then Thomas Stan- ton asked to whom the skin was carried, and Southampton Indians answered To Shinecock Indians, And Southold In- dians allsoe acknowledged that ye said beare skin was carryed to Shenecock Indians by Southold Indians whoe tooke ye beare
Taken before me
The Cupping 1 Autograph of Thomas Topping.
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RECORDS : TOWN OF SOUTHAMPTON.
I the subscribed namely Thomas Halsey doe witnes, that at the time of the trouble in this towne of Southampton by reason of murther committed by the Indians, At a great assembly of the Indians for the settling of matters, in fine I saw Mandush (whoe was a man reputed & acknowledged generally by all In- dians in these parts to bee the great Saehems sonne of Shine- cock) cutt up a turf of ground in Southampton, and delivering it to Wyandanch gave up all his right and interest unto him. And hee the said Mandush with many other of the cheifes of Shinecock Indians as ancient men, did manifest their consent and that they were contented, by their ordinary signe of stroak- ing Wyandanch on the back, And since that time the said Wy- andanch (whoe was Sachem of Meantauk) hath aeted upon ye af- foresaid Interest given to him as by letting and disposing of land at Quaquanantuek and else where And I nevr heard any deny Wyandanch his right and propriety in the premies until of late, And this I am ready to depose when there unto called,
Witnes my hand and this 19 of Sept. 1666,
THOMAS HALSEY,
I the subscribed namely Thomas Saire doe alsoe witnes all that is above testifyed by Tho, Halsey except only the delivery of the turfe, and further that when Mandush gave up his right to Wyandaneh and stroaked him on the back, Mandush alsoe told Wyandanch that now hee would bee all one dogge, And this I am ready to depose when I am thereunto called, witnes my hand & this 19th of Sept 1666
THOMAS SAYER
New York the 7th of November 1667 The depositions of Mr Iohn Ogden, This deponent testifyeth that about 5 or six years agoe and after Mr Wm Wells and others of Southold pretended that they would stand suite at law with this deponent about ye meadow now in difference betweene Southampton, and South- old, the said Mr Wm Wells, Mr Tucker Joseph Horton & oth-
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RECORDS : TOWN OF SOUTHAMPTON.
hers spoke to this deponent and would have bought of him part of those meadows.
IOHN OGDEN
Swore to before mee this 7th day of Nov. 1667 MATTHIAS NICOLLS Sec,
To the constable of Mentaucket These are in his majesties name to will and require you to gather togather the ancientest and chiefest of the Indians at Mentaucket immediately upon sight hereof, to give in their testimony concerning the bounds of Shenecock Indians before Mr Tho, Iames and Richard How- ell, hereof fail not at your perils, given under my hand this 16th day of October 1667 JOHN MULFORD
October ye 16 1667 Pawcatone being required to give in his testimony betweene Southold Indians bounds and Shenecock Indians bounds affirmed, that in his tyme there was a war be- tween the said Indians, and that yeanocock Indians were con- quered and fled to severall parts of the maine, and that after a certaine tyme, yeanocock Indians returned againe and Shine- cock Indians said that they had been old friends and that they might sitt downe and plant there again on the other side of Pea - conect, and soe they did, Andafterwards that there was a beare drowned in the meadows now in controversie and that the skin and the fatte of them said beare was brought to Shinecock Indians as due unto them. The X marke of
Taken before me POCATONE
JOHN MULFORD.
October ye 17th 1667 The testimony of two Ancient wo- men that formerly had lived at Accabonake, do affirme that all the land and marsh ground betweene Peaconnet and Niamocke did belong unto Shinecocke Indians and that there was a bear drowned in the meadows on the east side of Peaconocke and that the skins and fatt was brought to Shinecock Indians, and
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RECORDS : TOWN OF SOUTHAMPTON.
one of them doth further affirme that shee eat part of the said bear, AQUABACACK whome squa her Z marke
In presence of mee IMPEAGWAM squa X her mark THOMAS JAMES both living at Meantauket
Interpreter,
October 22d 1667 The depositions of Ioshua Barnes and Edward Howell, These deponents testify that about fourteene years agoe we went to those meadows now in controversie be- tweene Sonthold and Southampton, and with us went Richard Post and Robert, Merwin and Thomas Burnet and wee five mowed in those meadows part of two days
This taken in the presence of the Constable and Overseers OBADIAH ROGERS IOSEP FORDHAM
EDMUND HOWELL JOHN IESSUP
Southampton October ye 24th 1667 The depositions of John Iennings, This deponent saith that upon occasion hee was at Southold and discoursing with Mr Wells about the meadows in difference between this town and Southold, hee this depo- nent told him yt hee & some others of this Towne intended to mow part of those meadows this yeare, and Mr Wells wishe.l him not soe to doe for if hee did hee would take their tooles from them, and this he said divers times, and moreover Mr Wells said that if hee this deponent mowed there hee should bee the man that they would prosecute against at New Yorke for soe doing.
This taken before us the Cunstable and overseers
OBADIAH ROGERS EDWAD HOWELL
EDMUND HOUELL JOSEPH FORDHAM
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RECORDS : TOWN OF SOUTHAMPTON.
Power of Attorney to Iohn Howell and Henry Pierson.
Know all men by these presents that wee the subscribers the constable and overseers of Southampton in New York on Long Island, doe hereby in ye name and behalf of our said towne constitute and appoint our trusty friends Capt, Iohn Howell & Henry Pierson our true and lawfull Attorneys in our Townes name & stead to prosecute a plaint or suit to bee heard ortryed · at ye next Assizes neere approaching concerning or betweene our said towne plaintif, and ye towne of Southold in ye same Jurisdiction defendant, then and there to implead the said towne of Southold (or those whoe shall answer in their name) in the said plaint or suite, and to sue for and recover our rightfullin- terests of them with costs and damages, and vpon receipt there- of to give full & ample discharge, moreover we doe hereby im- power our said Attorneys to make any agreement concerning the premises, asby composition Arbitration &c, or by any meane that shall present itself if they our said Attorneys shall see meete, or to follow the said suite or plaint at any other court or seat of Judgement until the said suite or difference bee ended or issued, allsoe we doe impowr them our said Attorneys to constitute and appoint any other Attorney or Attornies under them in our said Townes name to prosecute the said plaint or suite, And whatever our said Attorneys doe lawfully, or cause to be done in the premises, our said towne shall and will stand unto, and doe hereby ratify & confirm as if they themselves had person- ally and actually done the same, and what ever costs they our said Attorneys are at, or damage they may suffer in the prose- cution of this said plaint our said town shall and will satisfy, further more if by any accident either of our said Attorneys be hindred from ye said court of assizes then the other hath here- by ye sole and full powr which is communicated to them both as above said, Witness our hands this - day of October 1667 JOSEPH FORDHAM OBADIAH ROGERS EDMUND HOWELL IOHN IESSUP Witness EDWARD HOUELL
John Cooper Robt Woolley,
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RECORDS : TOWN OF SOUTHAMPTON.
Wyandanch's Deed to lohn Ogden.
May 12 1659 Be it knowne unto all men that by this pres- ent writing that I Wiandance Sachem of Paumanwche on Long Island have vpon deliberate consideration, and with my sonne Weeayacomboune, both of us together, given and granted unto Mr lohn Ogden and his heirs for ever, I say freely given a cer- tain tract of land, beginning at the westward end of South- ampton bounds, which land is bounded, eastward with South- ampton bounds, and with a small piece of meadow which I gave to Mr Iohn Gosmer, which he is to enjoy, Northward to the water of the bay and to the creek of Accaboucke, Westward to the place called Pehecannache, and Southerly to Potuncke, three miles landward in from the high water marke, and creeke of accaboucke, and soe to the west, But from this three miles bredth of land southward all the land and meadows towards the south sea, the beach only excepted which is sold to Iohn Cooper, I say all the lands and meadows I have sold for a con- siderable price unto Mr Iohin Ogden for himself his heirs exec- utors and assigns for ever upon conitions as followeth, first that Thomas Halsey and his associates shall have the privilege of the place of meadow called quaquanantnek, the term of years formerly granted to him or them, but the land lying betweene quaquanantuck and three miles northward he shall or may pos- s-ss and improve at present, but when the years of the afore- said Thomas Halsey shall be expired, then shall the aforesaid Mr lohn Ogden or his assigns fully possess and improve all qua- quanantuck meadow with the rest aforesaid, and then shall pay or cause to be paid unto me Wyandance my heirs and assignes the summe of twenty five shillings a yeare as a yearly acknowl- edgement or rent for ever, And it is also agreed that we shall keepe our privilege of fishing, fowling, or gathering of berries or any other thing for our use, and for the full and firme con- firmation hereof we have both parties set too our hands markes and seals interchangably The date and year above written
IOHN OGDEN [L. s.]
In the presence of us DAVID GARDINER Lica gardener
Autograph of Lion Gardiuer.
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RECORDS : TOWN OF SOUTHAMPTON.
Know all men by these presents that whercas I John Og- den of Elizabeth Towne in New Jersey take myself to have true right and title to one handred acres of meadow ground or salt marsh lying on ye side of a bay commonly Peaconnet or Pehickoneck next or towards Southampton lands, and alsoe whereas formerly I have given and granted all my right in, and title to ye said meadows unto the said town of Southampton on Long Island (my said right being derived from Wyandance Sa- chem of Meantauket) I doe hereby assume and confirme unto the said towne my whole Interest in the premises, they and their assigns or successors to have & hold ye same for ever from mee and my heirs or assigns or from what I have done or may doe or any in my name may cause to bee done,
Witnes my hand this 2 of November An Dom. 1667
In presence of John Richbell Ionas Houldsworth,
JOHN OGDEN
Capt John Youngs on the behalf of the Inhabitants of South- old humbly proposeth these ensuing Reasons for his Appeals to Equity.
First Hee conceiveth that the Iury might not looke vpon their copy of the deed of purchase to Mr Eaton to be authen- tiek by reason it was attested by Wells who is a party in the case as all so some testimony taken before him as a magistrate,
2ndly By reasons they had not full testimony from the Court. of New Haven of all the transactions concerning this cause, as allso not pleading the considerations they gave to the Iurisdic- tion for their rights in the purchase aforesaid, As alsoe for di- vers other Reasons which would be too troublesome to relate to your Honrs at present, Therefore in the behalfe of the said Towne he humbly requested that he putting in security accord- ing to law may have the liberty till the next court of Assizes to prosecute this Appeale, where he shall produce the originall Rec- ords & many more substantial Testimonys, which may much
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satisfy your Hons & this Hon bbl court, Allso the Iury went not accordig to the law of possessions which this defendant pleaded & in equity shall request the Benefit there of
This is a true copy examined by me this 6 day of Novembr 1667
MATTHIAS NICOLLS Sec,
At the General Court of Assizes held in the city of New York by the Governor & Council & the Iustices of the peace by his Majesties authority on the 30th and 31st days of Octo- ber, and the 1 & 2d & 4th days of Nov in the 19th year of the Reigne of our sovereigne Lord Charles the 2nd by the grace of God of Great Brittain France and Ireland King, defender of the points &c, and in the yeare of our Lord God 1667
The Inhabitants of the Towne of Southampton plfs, The Inhabitants of the towne of Southold defendants, The defend- ants having appealed from the verdict of the [ury to be heard in Equity, This Court upon consideration of the reasons giy- en therefore doth think fit to allow of the defendants Appeale to be heard at the next Generale Court of Assizes, to be held on the first Wednesday in Octobr, 16SS they giving security according to law, and doe order that as to the meadows in controversy betweene the plfs & defts they shall both have liberty to mow thereupon each the one halfe thereof at the sea- son of the yeare & for their cattle to feed ther upon in the mean time until the title shall be decided in Equity unless they shall otherwise agree amongst themselves, which the Court doth recommend unto both parties, The Defts are to pey the charges of Court,
By order of the Governor and Court of Assizes.
MATTHIAS NICOLLS Sec,
Whereas There hath arisen an unhapy diferance Between ye Two Towns of Southampton & Southold, Concerning Interest In a Parcill off meadow Lying on Shinnecock Side off peacon- nok River (vis) from peaconnock Bay to a Crick Called to
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RECORDS : TOWN OF SOUTHAMPTON.
young or ye Red Crick and som charg hath Bin expended at ye Last Court off assize & for as much as our Hon Govvner Gen'll Niccolls Both sent & Imployed ye Hon Capt Needham & Capt Nickolls as meediators to Reconcile ye sd Diferance Who did present to ye sd Towns Their earnest desire off a fi- nall Neabourly Composition Between them. Whereupon ye said town of Southampton by their Representitaries appointed these men namely Capt John Howell Henry Pierson & John Jessup and ye town of Southold Imployed five men namely Capt John Youngs Capt Charles Glover Constable Thomas Mapes, Leiftent Richard Terry & John Conklin Jr Each town giving these said ffriends as agents full and ample power to put a period unto & ffinally to conclude ye sd Deforance Now know all men by these presents yt Wee ye ffornamed parties who was as aforesaid Impowered bein assembled together at ye town of Southampton this 11th of March 1667 du mutual- ly agree and forever determine Between the said towns con- cerning ye whole matter of Deforance as followeth, That ye town of Southampton shall peaceably, & quietly enjoy & pos- ses ye full Latitude of their Land Bounds they sometime pur- chased of Capt Topping ye west Line was & is to run accord- ing to their Deed from a place called Seatuck on the South Side to ye head of a River or Bay called peaconet on ye North Side to be to the said Southampton & ther Successors ffor ever with this Restriction or premission that Mr William Wells of Southold shall have and Retain eighteen acres off the above said meadows which are allready appointed unto him ye samne to be to ye only use & behoof of him and his heirs ffor ever and all ye Rest of ye land or tract of meadow to Ly In Com- mon ffor mowing ffor all ye Inhabitants off Both towns who have Interest according to their Property as they shall have occasion untill ye said towns Shall more fully agree to devide ye same in partickular and whensover they shall com to be De- vided ye said Eighteen acres belonging to Mr Wells shall be ac- ounted as part of ye quantity which Southold are to have and for the further settlement and continuation of peace between
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ye said towns it is ffurther herein concluded by us In there be- half yt ye Cretures belonging to Southampton which shall at any time be found going on any part of ye said tract of land or meadows Shall not be molested but have freedom as formerly and Southold Inhabitants or any of them or any in their names shall not purposly put or place any of those Creatures at any time In any part thereof But iff any of these Creatures come within ye Limits of ye said meadows accidentally It shall not be any trespass, finally it is determined yt ye charges which have Bein Expended by either of ye said towns concerning ye said meadows it shall be borne by themselfes who have disbursed it : and for ye full Ratification hereof were the said parties who are intrusted & impowered as aforesaid have hereunto Inter- changably sett our hands this 11th of March Ano Domn 1667, Signed & delivered John Youngs Charles Glover
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