USA > New York > Suffolk County > Southampton > Records of the town of Southhampton, with other ancient documents of historic value, Vol. I > Part 3
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RECORDS : TOWN OF SOUTHAMPTON.
that noe man shall by vertue of any gift or purchase, lay any claim to any land lyeing within the compass of the eight miles before mentioned, but only the aforesaid Inhabitants shall make purchase in their own names and at their own leisure from any Indians that Inhabit or have lawful right to any of the aforesaid land or any part thereof and thereby assume itt to them selves and their heirs as their Inheritance for ever. In witness whereof we have herevnto sett our hands and seals the 17th day of Aprill, 1640.
Memorandum, that the true meaning of Mr. Farrett is that, whereas hee hath formerly purchased certain lands in Long Island for the Earle of Sterling or him selfe, that he doth by these presents fully release all claime and Interest in the land aboue mentioned or persons that shall sitt down upon it with all title to gouernment whether in church or Common wealth all which is to bee clearely and fully drawne up accordinge to the true meaning of this agreement when things shall be set- tled and concluded by the Right honourable John Winthrop above mentioned.
JAMES FARRETT, [L.s.]
Sealed and delivered in Presence of
THEOPH. EATON, JOHN DAVENPORT.
[The following document is written upon the back of James Farrett's patent.]
I Winthrop within named having seariously considered of that which in this writing is reffered to my determination, al- though I am very unwilling to take it vpon me & as unfit also the rather being to seeke of any rule or approued precedent to guide me herein, yet being called hereunto I shall express
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RECORDS : TOWN OF SOUTHAMPTON.
what I conceive to be equall vpon the considerations here en- sueing, viz, the land within granted being a meere wilderness and the natiues of the place pretending some Interest which the planters must purchase and they might haue had land enough gratis (and as convenient) in the massachusets or other of the collonies with liberty to trade with the Indians (which they are debared from) and for that they had possesed and im- proued this place before any actuall elaime made thereto by the Right honbbl. the Earle of Sterlinge, or had any neede of his lordships patent, and whereas his lordship (vpon consider- ation I suppose of the premises) required nothing of them but in way of acknowledgement of his interest, I doe here vpon conceive and doe accordingly, (so farr as power is given me) order and sitt downe that the Inhabitants of the tract of land within mentioned or the plantation now called Southampton, vpon Long Island, and their successors forever shall pay year- ly to the said Earle of Sterling his heirs or assignes vpon the last day of 7 ber, att Southampton aforesaid foure bushells of the best Indian Corne theire growing, or the value of so much in full satisfaction of all rents and services (the 5th part of gold and silver oare to the kings majesty reserved always ex- cepted.) In testimony where of I have hereunto sett my hand, dated 20 (S) 1641.
JO. WINTHROP.
INDIAN DEED.
This indenture, made the 13th day of December, Anno Dom. 1640, betweene Pomatuck, Mandush, Mocomanto Pathemanto, Wybbenett, Wainmenowog, Heden, Watemexo- ted, Checkepuchat, the natiue Indabitants & true owners of the eastern pt. of the Long Island, on the one part, and Mr. John Gosmer, Edward Howell, Daniell How, Edward Need-
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RECORDS : TOWN OF SOUTHAMPTON.
ham, Thomas Halsey, John Cooper, Thomas Sayre, Edward ffarrington, Job Sayre, George Welbee, Allen Breade, Will'm Harker, Henry Walton, on the other part, witnesseth that the sayed Indians for due consideration of sixteene coats already received, and alsoe three score bushells of indian corne to bee payed vpon lawfull demand the last of September, which shall be in the yeare 1641, & further in consideration that the above named English shall defend vs the sayed Indians from the uniust violence of whatever Indians shall illegally assaile vs, doe absolutely & for ever give & grant & by these presents doe acknowledge ourselues, to have giuen & granted to the partyes above mentioned, without any fraude, guile, mentall reservation or equivocation to them & theire heires & suc- cessors for ever, all the lands, woods, waters, water courses, easements, proffits & emoluments thence arisinge what soeuer from the place comonly knowne by the place where the In- dians hayle over their cannoes out of the North bay to the south side of the Island, from thence to possess all the lands lying eastward between the foresaid bounds by water, to wit, all the lands pertaining to the parteyes aforesaid, as alsoe all the old ground formerly planted lying eastward from the first creek at the westmore end of Shinecock plaine, To have and to hold forever without any claime or challenge of the least title, interest or propriety whatsoever of vs the sayd Indiang or our heyres or successors or any others by our leave, ap- pointment license counsel or authority whatsoever, all the land bounded as is above said. In full testimonie of this our absolute bargaine, contract & grant indented & in full & com- plete satisfaction & establishment of this our act & deed of passing over all our title and interest in the premises, with all emoluments & profits thereto appertaining or any wise belong- ing from sea or land within our limitts above specified without all guile wee haue set to our hands the day and yeare above sayd.
Menorand. Before the subscribing of this present writing it is agreed that the Indians aboue named shall haue libertie to
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RECORDS : TOWN OF SOUTHAMPTON.
breake vp ground for theire vse to the westward of the creek afore mentioned on the west side of Shinecock plaine.
MANATACUT, X his mark, MANDUSH, X his mark, WYBENET, X his mark, HOWES, X his mark, SECOMMECOCK, X, MOCOMANTO, X, these in the name of the rest.
Witnesses of the deliverie & subscribinge this writing. ABRAHAM PIERSON, EDWARD STEPHENSON, ROBERT TERRY, JOSEPH HOWE, THOMAS WHITEHONE, JOSHUA GRIFFITHS, WILLIAM HOWE.
CONFIRMATION OF THE INDIAN DEED.
NOVEMBER THE 24th, 1686.
This day Apeared before me Llift. Collonll John Youngs Esq., one of his Majesties Iustices of the peace, eleven of the Chiefs of the Indians of Shinecock, namely : Pungamo, Sachem who is son and heire to the within subscribed Mandush, and quaquashawg, Iohn man, Cobil, asport, palamcowet, wahamha- haw, wiack hance, Suretrust Saspan Ahickock, five whereof being old men, Did declare before me as followeth (viz) that the aforesaid Mandush Sachem and true proprietor with these Indians with him subscribed to ye within written Deed, with ye full consent of the Rest of the Indians of Shinecock & did according to this Deed as within written sell and alienate the
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RECORDS : TOWN OF SOUTHAMPTON.
said lands to the English therein named and did alsoe declare that upon theire certaine knowledge they knew that the with- in said payment for the said lands was by the said English made to the said Indians according to covenant as within ex- pressed, to their content, and that all the forenamed Indians Did this day unanimously Acknowledge and consent unto the within written Deed according to the true Intent there of as atest my hand the day and year atoresaid.
JOHN YOUNGS.
We namely Pungamo Gice Mamanamon Indian Sachems of Shinecock by and with ye consent of our people doe hereby acknowledge that ye within Written deed of sale made by our fathers and predecessors is a just and honest conveyance of ye lands within mentioned accordinge to ye true Intente and meaning thereof as is therein bounded and expressed, and for the full confirmation of ye premises We the afore named In- dian Sachems by and with the consent of our people and In there behalfe as well as for our selues and ours and their heires and sucksessors doe by these presents Ratify and Con- firm the within written Deeds with all the premises therein contained to ye associates their heires and sucksessors of ye purchasers of said land within mentioned. In testimony whereof we the said Indian Sachems haue Set to our hands and Seals In Southampton this Sixteenth of August In the yeare of our Lord 1703.
POMGUAMO his X mark Sachem CHICE his X mark Sachem MAHMAN AM his O mark Sachem
Signed Sealed and delivered In Presence of STEPHEN BOWYER ARTHUR TORITY BENJAMIN MARSHALL
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RECORDS : TOWN OF SOUTHAMPTON.
August 16th then appeared before me the Subscribed Pom- guamo Chice Mahman am Indian Sachems and did acknoul- eáge this aboue Confirmation to be theire free and voluntary act and deed.
Test, JOHN WHEELER, justice.
(The above Confirmations are written upon the back of the Indian deed).
When the town Records came into my hands in 1862, it was the common belief that the earliest records were lost, but upon a careful examination two rolls of papers were found which proved to be the leaves of a book. These I arranged in chronological order, (as the pages were not numbered,) and as the accounts of town meetings of each year from 1641 were found, it is to be supposed that comparatively little has been lost ; the volume thus made was strongly bound and carefully indexed, and if not destroyed by accident may last for genera- tions to come.
This volume is now printed, and no pains have be spared to make an exact copy of the original, and nothing has been omitted. The records to 1651 are in the handwriting of Richard Mills, who seems to have acted as school master in the town from the settlement, though his name does not oc- cur previous to 1650. In 1651 he sold his home lot to John Cooper, Jr., and removed from the town (his house lot is pro- bably the one now occupied by the Presbyterian parsonage). He was town clerk in Westchester in 1661. Schoolmaster in Middleburg 1657-1660. (See O'Callaghan's Dateh Records, 107, 120, 132).
The laws founded upon the Mosaic Code found on pages 3-S (of the original book) are supposed to be in the handwrit- ing of Abraham Pierson, first minister of the town.
It is perhaps unnecessary to add that" until 1757 the year was considered as beginning on the 25th day of March, and that month is always mentioned as being the first of the year.
The word " page" and the number at the commencement of paragraphs denote the pages of the original volume of town Records now in the Clerk's office.
May Ist, 1873.
W. S. P.
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RECORDS : TOWN OF SOUTHAMPTON.
LIBER A. TOWN RECORDS OF SOUTHAMPTON.
[The first two pages here copied seem to be a fly leaf of the original book ].
PAGE 1. George Wood doth acknowledge himself to owe vnto this towne the summe of 10 pounds to be leved of his goods and Chattells, lands & tenements, vnder this condition that he ye said George Wood shall appeare at ye next quarter Court to be holden for ye body of this town, then and there to take order for ye discharge of ye said towne of a Bastard child where of he is father.
John Cooper doth acknowledge himself to owe unto this towne ye summe of 5 pounds to be levied of his goods & chat- tells lands and tenements under this condition that George Wood doe appear at ye next quarter Court to be holden for ye discharge of ye said towne of a Bastard Child where of George Wood is ffather.
-Cooper and John Moore doe acknowledge themselves to owe vnto the body of this towne the summe of five pounds to be levied of their goods and Chattells lands and tenements vnder this condition that Arthur Bostock doe appeare at the next quarter Court to bee holden * October then to make his personale appearance.
Arthur Bostock made his Appearance according to the Re- cognisience.
PAGE 2. LIST OF THE FREEMEN.
Mr Edward Howell John White
Edward Joanes
Josiah Stanborough
Mr John Gosmer Mr Rainer
Thomas Talmage Mr Odell Mr Browne
Thomas Halsey Richard Barret John Howell
Wm. Rogers John Cooper
Mr Thomas Topping
Thomas Saire Mr John Ogden
Mr Smith
Mr Robert Fordham
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RECORDS : TOWN OF SOUTHAMPTON.
These freemen called ye Sth of October 1650 at ye Court of Election, William Rogers default, Mr Smith default.
PAGE 4. An Abstract of the Lawes of Judgement as given Moses to the Commonwealth of Israel, soe farr foarth as they bee of Morall that is of perpetuall and universall Equity Among all Nations, Especially such where the Church and Common Wealth are Complanted together in holy Couenant and fellow shippe with God in Jesus Christ, being joyntly and vnanimously Consented vnto as ffundamentall by the In- habitants of this Collony of Southampton.
OF TRESSPASSES.
1. Yf a mans swine or any other Beast or a fire kindled by him break out into an other mans field of Corne he shall make full Restitution both of the damage done by them, and of the losse of tyme wch others have had in Carryeing such swine or beasts vnto the owners or vnto the fold, (Exod. 12, 5, 6.) But yf a man put his swine or Beast into another mans field Restitution is to be made of the best of his owne though yt were much better than that which was destroyed or hurt. (Levi. 24, 18. Exod. 21, 34).
2. Yf a man killeth another mans beast or digg or open a pit and leave yt uncouered and a beast fall into yt, he that killeth the beast and the owner of the pit shall make Restitu- tion. (Exod. 21, 35.)
3. Yf a mans beast killeth the beast of an other the owner of the beast shall make Restitution. (Exod. 21, 2S).
4. Yf a mans Oxe or other beast gore or bite and kill a man or woman, whether child or riper age, the beast shall be kill- ed and noe benefit of the dead beast reserued to the owner. But if the oxe or other beast were ,wont to push or bite in former tymes and the owner hath been told of yt and hath not kept him in, then the oxe or beast shall be forfyted and killed / and the owner also put to death, or else fined to pay what . the Judges and person damnified shall laye vpon him.
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RECORDS : TOWN OF SOUTHAMPTON.
5. Yf a man deliver goods to his neighbor to keepe and they be sayed to be lost or stolen from him, the keeper of the [PAGE 4] goods shall be put to his oath concerning the [two words gone] which yt he take and noe evidence appeare to the contrary hee shall be quitt But yf hee bee founde false vnto his ueihhbor or vnfaythful hee shall shall paye double vnto him.
But if a man take hire for the goode committed vnto him and they be stolen the keeper shall make restitution, but yf the beast soe kept for hire dye or be hurt or be driven away no man seing of it, An Oath shall be taken of the keeper that yt was without his default and yt shall be accepted.
But yf the beast bee torne in peices and a peice be brought for witness yt excuseth the keeper. Exod. 22, 13.
OF CRIMES, AND FIRST OF SUCH AS DESERVE CAPITAL PUNISH- MENT OR CUTTING OFF FROM A MANS PEOPLE WHETHER BY DEATH OR BANISHMENT.
1. Of Blasphemy which is a curseing of God or wicked de- nieing of God by Atheisme or the like, to be punished with death.
2. Idolatry to be punished with death.
3. Witchcraft which is fellowshippe by consent with a fa- miliar spirit to be punished with death.
4. Consulters with witches not to bee tolerated but eyther to bee cui off by death or Banishment.
5. Heresie which is the maintaynance of some wicked error overthrowing the foundations of Christian Religion with ob- stinacy, yf it be ioyned with endeavour to seduce others there- unto to be punished with death. Because such an heretick noe lesse than an Idolater seeketh to thrust the souls of men from the Lord their God.
6. To worshipp God in a molten or graven Image to be punished with death.
7. Whosoever shall revile the Religion and worshipp of
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RECORDS : TOWN OF SOUTHAMPTON.
God and the Government of the Church as yt is now estab- lished to be cut off by Banishment.
PAGES 5 and 6. [The 5th and 6th pages as the book is bound are blank].
PAGE 7, 8. Willful periury whether in *
* or in * private conference to bee dunished [two words gone.] Rashe periury whether itt bee in publiok or priuate to be punished with Banishment, !ust is it that such a mans name should bee cut off from his people who prophaneth so grossely the name of God before his people.
9. Prophaning the Lords daye in a carelesse or scornefull neglect or contempt thereof to bee punished with death.
10. To plot or practic the betrayeing of the Country or any principall forte therein, to the hande of any fforeigne State, Spannishe ffrerch Dutch or the like, contrary to the Allegience wee proffesse & owe to our dread Soueraigne Lord King Charles his heires end Successors whilst hee is pleased to protect vs as his Loyall Subiects, shall be punished with death.
'11. Vnreuerned and dishonorable Carriage to Magistrates to bee punished with banishment for a tyme, tyll they ac- knowledge their ffault and professe Refformation.
12. Rebellion or Sedition or Insurrection by taking vp of arms against the present Gouernment established in the Country to bee punished with death.
13. Rebellious Children, whether they continue in Riot or Drunkenesse, after due courection from parents, or whether they curse or Smite their parents Are to bee put to death.
14. Murder which is a willful mon Slaughter, not in a mans necessary or iust defence, nor casually committed, but out of hatred or cruelty to bee punished by death.
15. Adultery which is the defiling of the Marriage bed to bee punished with death.
16. Defiling a woman espoused, is a kinde of Adultery, and punished by death, of both partyes. But yf the woman be forced then by the death of the man only.
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RECORDS : TOWN OF SOUTHAMPTON.
17. Incest which is the defiling of any that are of kin, with the degrees prohibited in Leviticas to be punished with death. The carnall *
* man with woman [two lines gone] * mayed in her father's house, kept silent * secretly after her marriage with another qo be punished with death.
1S. Manstealing to be punished with death.
19. ffalse witness against life to be punished with death.
OF CRIMES LESSE HAINOUS SUCH AS ARE TO BEE PUNISIIED WITH SOME CORPORALL PUNISHMENT OR FFINE.
Rash & prophane
1. With losse of honour or office yf hoe bee a magistrate or officer, meete yt is that their names should be dishonored who dishonour Gods name.
swearing and
2. With losse of ffreedom.
3. With disability to give testimony.
curseinge to bee
punished.
4. by Corporale punishment, eyther by stripes or by branding them with an hott yron or boareing them through the tongue as he hath boared and pierced Gods name
2. Drunkenesse as transformeing Gods Image into a Beast is to be punished with the punishment of a beast. A whippe for the horse and a rodde for the fooles backe.
3. fforceinge of a mayd or a Rape is not to be punished with death by Gods Laws,
1. With a ffine or penality to the ffathor of the mayd.
But
2. With the marriage of the mayd defiled (to wit) yf she and her ffather consent.
3. With Corporall punishment of stripes, for his wrong is a reall Slander, and worse to make a whore than to say one is a whore.
1. By marriage of the mayd or giuing her a sufficient dowry.
4. ffornication to be punished
2. By stripes though fewer from
* the former cause.
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RECORDS : TOWN OF SOUTHAMPTON'
Wounding of a ffreeman * * ffree Inhabitant. [The rest of these laws are lost.]
[The 9th page of the original book is occupied with a copy of the latter part of the Indian deed, the whole of which is on the 12th, 13th and 14th pages. The 10th, 11th and 12th pages of the original book are blank.
PAGE 13. Southampton the 6th of April 1641, yt is Ordered that noe man shall giue or lende vnto any Indian or Indians eyther gunnes pistolls or any other Instruments of Warre viz, powder shott Bullets Matches, Swords or any other engine of Warre whatsoeuer, Vpon payne of the forfeiture of his whole personall estate found within the limits of Southampton and also to be lyable to the Censure of the Court for what corpor- all punishment they shall thinke meet to inflet vpon such like offenders. [Note added.] But at a gen'll Court in October 30 1655 it is concluded that either of ye Magistrates at their discretion may give liberty for the mending of any Indians gun they see meete.
April 6, 1641 yt is ordered that any person whatsoever hath Lott or Lotts vpon Shinecock playne in the which there are any Indian Barnes* or welles lyeing open whereby cattle have or may take hurte or harme, the owners or overseers of such Lotts shall fill up all such Barnes and welles by the tenth day of this Month vpon payne of payeing all such damage as arise by their Neglect, and further to answer for theire con- tempt at the next Court.
Yt is ordered that there shall bee three planteing lots layed out abbutting vpon the Little Common appertayneing vnto each of the forty eight Acres, viz, to Henry Symonds the first lott, to Mr. Abraham Pierson the second Lott, and to John Moore the third lott, yt being further ordered that the persons above mentioned shall be at the charge of fenceing the sayed lotts soe much as they shall abutt vpon the little common.
Yt is ordered that Mr. Howe is to have his planteing lott at
* "Inpian Bornes" were holes dug ih the earth and lined with bark, for the purpose of keep- ing their corn during the wintor ; they were covered with rnshes. W. S. P.
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RECORDS : TOWN OF SOUTHAMPTON.
the end of Allen Breades planteing lott, and yt is to lye three Acres in length, and soe much in bredth as will make the lott to containe three score and foure Acres.
PAGE 14. 1641 yt is ordered that all the Inhabitants of this towne shall make their psonale Appearance after due warne- ing given at such place or places as they shall be appointed vnto, after the second calling over of their names by the Con- stable or any other officer, and vpon every such default to paye two shillings. And whoso shal appear and then depart without Licence of the Court shall be lyable to paye for every such default two shillings and to stand to the further censure of the Court. [Note added.] It is further ordered by the general court October 1648 yt the Secretary & Clarke of the band for the tyme being shall take notis of all defaults of ap- pearar ce & respectively & shall within 3 dayes after any such default present them to one or bothe ye magistrates in a war- rant directed to the constable to be served by waye of distress & sale of goods as in waye of execution and the pay soe col- lected shall moke accompt to the townes vse.
December 16, 1641 yt is ordered that the Marshall shall have two shillings sixe pence for the serving of every' execu- tion that shall bee to the value of twenty shillings and under, and to have sixe pence vpon the pound ouer and above the said two shillings sixe pence.
December 15, 164! It is ordered that whosoever shall soe offend as that they shall be adjudged worthy of corporal pun- ishment by the Magistrate or Magistrates. The marshall shall have twelve pence for every one that he shall according to order give punishment vnto, to be payd by the partye pun- ished, eyether in money or worke. Yt is ordered that for the warneing of Juryes that the Marshall vpon warrant from a Magistrate shall doe yt, and that he shall warne such persons as are most free from exceptions among the Inhabitants of this place.
- 21, 1642 It is ordered that the Company of the towne of Southampton shall be trayned sixe tymes in the yeare, and
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RECORDS : TOWN OF SOUTHAMPTON.
that to be at the most convenient tymes in the yeare accord- [PAGE 15] ing to the discretion of the Commander, tyl further Order be taken, and that the Inhabitants of this towne from sixteene years old and upwards shall beare Armes (unless they shall have lycence to the contrarie) And that, whensoever any notice shall be giuen of the tyme or tymes of trayning by any officer, they shall make their Appearauce at the second call of the Clarke or else shall paye for their default three shil- lings, to be gathered by the Clarke, and yf the Clarke shall be absent at the tyme appointed that then he shall paye for his default five shillings.
ffurther yt is ordered that all traynings are to beginne at seaven of the Clock in the morning from the first of March to the last of September, and from the last of September to the first of March to beginne at eight of the clock in the morne- ing.
December 22 1641 yt is ordered that there shall bee foure quarter Courts in ye yeare,and one generall meeting, to be holden the first of October for election. The quarter Courts to be holden as followeth. One to beginne the first Teusday in March, Another to beginne the first Tewsdaye in June, Another to beginne the first Tewsdaye in September and the other the first Tewsdaye in December, yt is allsoe agreed that the Magistrates shall have power to call eyther Generall meet- ing or perticular Courts at any other season which in their discretion shall be thought meet.
Yt is ordered that every man shall cleare sixe feet at the end of his howse Lott, both of stumpes tree tops, lopps and what soever shall be any Annoyance for the passage of Met Women or children by night or daye, and this to bee done betwixt this and the twentieth of ffebr vpon ye payne of 5 s.
PAGE 16. Yt is ordered that there shall be a Grand Jury warned against every quarter Court to make presentment of all lawes and orders that shall be broken in this Towne.
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