USA > New York > Suffolk County > Southampton > Records of the town of Southhampton, with other ancient documents of historic value, Vol. I > Part 4
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Dec. 23 1641 Yt is ordered that for as much as Nathaniel Kirtland hath bound himselfe to vs the freemen of this Towne
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RECORDS : TOWN OF SOUTHAMPTON.
That yf there come any man to the Towne and that the Towne cannot otherwise Accommodate him that then he shall parte with one of his lotts viz with that which was his Brothers, be- ing payed his charges according as shall be valued by fowre men, two by him & two by the sayde Towne, and that he the sayd Nathaniel shall possess the old ground that was layd vnto his Brothers Lott dureing the sayd tyme.
Jan 2, 1641. The Magistrates shall gouerne according to the Lawes now established, and to be established by Generall Courts hereafter, they and eyther of them shall be able to send out warrants to any officer to fetch any delinquent be- fore them, and examine the cause, and to take order by sure- tyes or safe custody for his or theire appearance at the court. And further to prevent the offenders lyeing in prison yt shall be lawful tor the Magistrates or eyther of them to see execu- tion don vpon any offender for any crime that is not capitall accordinge to the Laws established or to be established in this place.
The Generall Court shall have powre 1 By warrant of the Magistrates or eyther of them to assemble once every half yeare and to sitt together tyll all theire affayres shall bee dis- patched.
PAGE 17. 2. To call and ordayne Magistrates and other officers, As a Secretary to enrole all the members of the Court, and likewise to ordayne Ministers of Justice to attach and fetch and sett persons before the Magistrates and to execute the censures of the Court vpon the offenders, lykewise the sayd Court shall have powre to call them allso to Accompt for the breach of any Lawes established or other misdemean- ours, and to censure them as the quality of their act may re- quire.
3 To make and repeale Lawes.
4 To impose a levy of Monnies for the publick service of the common wealth as shall be thought fitt for . the prouision and protection of the whole.
5 To heare and determine all causes whether civill or crim-
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inal wherein Appeale shall be made vnto them or which they shall see cause to assume into their cogniscence and Judicature.
ffeb. 1 1641 Yt is ordered that in Consideracon that diuers of our Neighbors one the Easte side of the Towne have de- sired to fence in part of their howse Lotts thinking yt conue- nient for them to plant neere home, and being acquainted with the danger of yt not onely in regard of great Cattell but also of hogge, yt lyeing in the waye to Hogg neck conceiveing yt dangerous vules they fence where upon haveing requested the Generall Court to take some counsel in their behalf there be- ing some of them vnwilling to fence as above sayd, wee doe hereby inioyne euery person that hath a lott one that side of the Towne that they take a course to fence in such a way as they may fence other corne from danger of all manner of Cattell, hoggs or other. And that yf any shall refuse so to doe, that hee or they shall not only looke after their owne corne that shall be spoyled but shall be lyable to paye all damage that come through their not fenceing eyther in corne or cattell.
ffeb 2, 1641 Yt is ordered that yf any person what soever shall leave open any common gates, whereby preiduce shall work to any person or persons the person offending shall paye the damage and twelve pence to the townes vse or else be whipped.
PAGE 18. Septem. 7, 1642. Yt is ordered vpon request made (to the Generall Courte holden at Southampton) by Thomas Talmage Senr, that instead of the eight acre lot which he then had, be giving yt vp againe into the Townes handes he shall have another granted vnto him, for his propriety and best advantage.
Octob. 6, 1642. Yt is ordered that noe man shall buy any land of the Indians within the bounds of this towne without the consent of thé Generall Court.
Oct 6 1642. Yt is ordered that the Secretary shall have allowed vnto him for every daye the Generall Court shall sitt one shilling and sixepence. And for every presentment by
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the Grand Jury two pence, ffor the entering of any Action one shilling, ffor entering every Judgement he shall be allowed one shilling, And for the coppy of any of the Court rules sixe pence. [Note on margin] Southampton.
October 6, 1647. Att the Generall Court then holden yt is concluded that ye Secretary shal have four shillings per ann, for keeping the towne book, but nothing for the keeping of General Courts.
October 9 1642. Yt is ordered that Richard Barret and Thomas Tomson shall look and espie out for ffulk Daues and Wm. Rodgers each of them two acres of old ground vpon the playne, and that yt shall belong vnto them as all other lands do that belong vuto other men, and their heires for ever, pro- vided that yf eyther of the sayd parties shall depart and leave the towne within two yeares after the date hereof that then the sayd Ground shall return againe into the Townes hands to dispose of.
October 9, 1642. Yt is ordered that every man in this towne that beareth armes shall watch and ward and come to trayneings in their coats
October 9, 1642. Yt is ordered that whosoever shall be found sleeping after he hath taken the charge of the watch shall be liable to the censure of 4 lashes of the whippe by the Marshall or else forthwith to paye ten shillings.
PAGE 19. March 16 1643. John Moore was censured for saying Daniel How did vsurpe the execution of the place of Magistracy hee then lyein under Church censure, not being then deposed or degraded from the same. And to confesse his fayling yf hee shall bee at the next quarter Court.
March 15 1643. Thomas Halsey was censured for some unreuerent speeches to Daniel How in Court. being then a Magistrate, who acknowled his offence and promised to make the lyke acknowledgement the next quarter Court.
March 15 1643. William Wills Gent, was censured for some vnreuerent speeches to Daniel Howe, who confessed his offence and promised reformation.
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March 16 1643. Richard Barret was censured (being Clarke of the band) for the neglecte of his place who prom- ised reformation.
May 16 1643. Yt is ordered that the fence of the little Common* shall bee sett vp according to each mans proportion within nine dayes after the date hereof, and whosoever shall then bee defective shall paye three shillings for each pole.
May 16 1643. Yt is ordered that John Cooper shall enioy the Lott of old Goodman ffarrington or Lynn, lyeing in South- ampton, with all the privileges thereof, vntil he shall have payd vnto him the sum of fifteen shillings for the setting vp the ffence that belongs vnto that Lott vpon the little Common.
May 16 1643. Yt is ordered that whosoever shall bee the Cowkeeper in this towne of Southampton & shall according to his agreement haue his wages dve vnto him he lawfully demanding the same, and shall not be satisfied within three dayes after the aforesayd demand yt shall be lawfull for the sayd herdsman with the marshall to leavy the sayd wages by PAGE 20] execution vpon the goods and Cattell of any such person who shall make default heerin.
May 27 1643. Yt is ordered that yf any man shall receive detriment or damage by reason of any offence which shall be committed by any Indian or Indians eyther vnto his person or his estate, that within fiue dayes after he shall receive knowledge of the same he shall repayre vnto one of the Mag- istrates, and make proofe of the sayd damage or offence, And he shall have power from them or eyther of them to demande require and receive satisfaction for the same.
May 27 1643. Yt is ordered that yf any person shall re- ceive damage by reason of any tresspass committed by any mans Beast Swine or other Cattle that then the party offended giue notice within three dayes (after it comes to his knowl- edge) to the trespasser who is to chose one man, and the tres-
* The tract of land so often mentioned in these records as the little Common or little plains, lies at the south end of the main street of the village of Southampton, and bonnded South by the beach, and North by "Gin lane" so called.
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passed to chose another to end the controversy. But yf the trespasser shall refuse to chose one man that then yt shall be lawfull for the person tresspassed to chose two men to decide the aforesayd damage or controversie, (if any shall refuse to observe this order hee shall lose his dammage.) [Marginal note.] The words interlyned and added were done by the five men the Sth ffeb. 1646 [they are parenthesized in this copy.]
Yt is ordered that such executions as shall bee by the Mag- istrate or Magistrates directed vuto the Marshall shall be leaned by the marshall, and the sayd Marshall shall choose two Indif- ferent men of the ffreemen to Apprize such goods and Chat- tels as shall bee vpon distresse. And yt is further ordered yt the aforesayd Marshall shall giue publick notice to the whole towne within twenty fowre howres after such distresse shall be made who shall appoynt a certayne tyme and place where public proclamation shall bee made, and whosoever shall bid most shall take the aforesayed Goods or Chattells vpon distrese and satisfaction to be given according to the sayd executions
PAGE 21. May 28 1643. Yt is ordered that whosoeuer hath a lott graunted one the Southwest side of the towne shall fence in the common fence one the South side of the sea ten poles of fence with foure rayles. And every one that hath a lott on the Northeast side of the towne* shall fence fiue poles to each lott with fowre rayles. And yt is further Agreed vpon that what shall bee wanting when each man hath don his pro- portion, the remaynder of the sayed fence shall be done vpon a common charge and that each man shall make and main- tayne his fence.
May 28 1643. Yt is ordered that Richard Post shall have giuen vnto him two acres of vnbroken vp ground (yf there be so much) adioyning to his other two Acres of land lying vpon the playne.
May 29 1643. Yt was ordered by the Generall court that Richard Barret, John Mulford, Arthur Bostock, Thomas Tom-
* It is well known that the first settlement was at the place now called old town about one mile east of the present village, and the locations mentioned in the text are in reference to the vicinity. The expression "on the South side of the sea" probably means on the south side of the little plain next the sea.
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son & Robert Bond, shall have each of them two Acres of land devided vnto them vpon the playne, viz. Richard Barret John Mulford and Thomas Tomson shall have the aforesayd two acres to lye next vnto Henry Pierson's one acre lott, and Mr Smiths eight acre lott, And Robert Bond in the roome of the aforesayed two acres hath granted vnto him three acres lyeing on the Southside of Mr. Gosmers S acre lott, And Arthur Bostock's two acres to lye against Robert Bond's west, and against Mr. Gosmers eight Acre lott north.
June 9 1643 Yt is ordered by the Generall Court that Rob- ert Bond shall not make for any Indian or Indians any harping Irons* or fishing Irons which are knowne to be dangerous Page 22] weapons to offende the English. [Note added.] Repealed the 30th Jan. 1650 by the generall Court.
October 13 1643 Yt is ordered that whatsoever matters or orders shall be reffered to the publick vote euery man that is then and there present, and a member of the court shall give his vote and Suffrage eyther against or for any such matter and not in any case to be a neuter. Yt is ordered that all such lotts ard lands as are taken up by any particular per- sous, such lotts and lands shall be lyable to the payeing of publick rates and charges.
Thomas Burnet hath a lott granted vnto him on the South east side, vpon condition that hee staye three yeares in the towne to improue yt.
October 26 1643 Yt is ordered that noe cattell shall goe without a keeper from the first of January to the tyme that euery mans Indian corne shall be carried home from the playne of each side of the towne except such as haue right to goe vp- on the little common, vpon payne of foure pence vpon eucry head, and one penny for every Goate, and this to belong vnto him that shall drive them thence to be pounded, and not to deliver them vntill the said forfeitures be discharged.
PAGE 23. October 26 1643. Yt is ordered that Thomas Hyldreth shall satisfy vnto Mr. Smith to the value of three
*Harpoons.
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pounds and twelve shillings and foure pence, to be payd vnto him in English Wheate after the rate of foure shillings by the bushell, betwixt this and the first of March, and that this ord- er shall bee a finall ende of all matters of Controversie what so ever betwixt them.
November 6 1643 Yt is ordered that whosoever shall kill and bring the head of a woolfe vnto eyther of the Magistrates shal have payed vnto him by the Toune the some of Ten shillings.
[Note added.] 14th May 1549 it is further ordered that who- soever killeth anie wolfe shall bringe the skin with the eares & tayle vnto one of the Magistrates, and they that kille a wolfe shall have twentie shillings, allwayes provided it be within the bounds of this towne, and it is only to them yt take paynes .*
Whereas yt was formerly agreed that there should be layed out vnto the lotts of the Southwest side of the Towne ten acres and eight Ares to each lott vpon the playne, yt being certified vnto this present Court, that those lotts are dispro- portionately layed out, yt is therefore ordered that each lott of Ten Acres and eight Acres shall bee new measured and what shall appear to be overplus shall remayne vnto the use of the aforesayd Towne. And what Lotts soeuer shall not be in full measure that then there shall be lykewise an Addition according to each mans proportion. And yf yt shall so fall out that any man who hath improned his land shall vpon measure- ing haue mouer than his proportions, Then whososver shall enjoye what shall bee ye ouerplus shall paye for such improue- ment as two men shall value the same and in the mean tyme to enjoye yt to his proper vse tyl satisfaction be given.
PAGE 24. March 7th 1644 Yt was voted and consented vnto by the Generall Court that the Towne of Southampton shall enter into Combination with the Jurisdiction of Connecticute.
March 7th 1644 yt is ordered by this present Court that yf by the prouidence of God there shall be henceforth within the bounds of this plantacon any whale or whales cast vp. ffor
* That is, the reward was not to be paid for wolves killed by accident or found dead.
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the prevention of disorder yt is consented vnto that there shall be fowre wards in this towne, Eleaven persons in each ward, and by lott two of each ward (if any such whales shall be cast vp) shall be imployed for the cutting out of the sayd whales, who for their paynes shall have a double share, And every In- habitant with his child or servant that is aboue sixteene yeares of age, shal haue in the division of the other part an equall proportion, prouided that such person when yt falls in- to his ward [be] a sufficient man to be imployed aboute yt.
And yt is further agreed vpon that there shall be in each ward eleven persons.
I ffor the first ward William Barnes, Geo Wood Thomas Cooper Richard Stratton Iob Sayre Thomas Burnet John White William Mulford Thomas Halsey Junr, Thomas Tal- mage Senr, and Mr Iohnes.
2 ffor ye second ward Richard Iaques, Thomas Talmage Ju- nior, Mr Pierson Robert Rose, Mr Gosmer Thomas Halsey Senr Mr Stanborough Richard Barret Richard Post Thomas Tomson Robert Talmage.
3 ffor the third ward Richard Gosmer Arthur Bostock Hen- ry Pierson Iohn Hande Thomas Hyldreth Iohn Mulford Iohn Moore Ellis Cook Robert Bond ffulk Daues & Mr Howe.
PAGE 25. ffor the fouerth ward John Cooper Senr Tristrun Hedges John Cooper Iunr, John Cory Mr Howell Mr Odell John Houell Richard Smith & Thomas Sayre.
Yt is further ordered that Mr Howell Mr Gosmer and Rob- trt Bond shall give notice after any storme or according to their discretion vnto two persons as they are before mentioned, and so from tyme to tyme vnto other two person, one of which two shall goe to viewe and espie yf there be any whales cast up as far as the South Harbor,* and the other shall goe vnto the third pond beyond Mecockst, beginning at the windmillt. And yf any person (whose turn it is) who hath Information to goe vpon discouery and shall not faythfully
* The "South Harbor" was an inlet from the Ocean to Shinnecock Bay.
t The pond beyond Mecox was the one called Georgica.
#The windmill was probably the firstone on Long Island ..
W. S. P.
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performe the same shalleyther pay ten shillings or be whipped.
March S 1644 Yt is ordered that the Lott which was be- longing vnto Mr. Howe lyeing next vnto Mr. Piersons house lott shall be reserved for an elders lott. And the lott which was formerly Thomas Halsey's and reserued for an Elders, doth now belong vnto Mr Howell as his proper right of In- heritance.
John Cory hath granted vnto him two Acres of Land next vnto William Mulfords lott yf yt be there to be had.
Robert Rose hath granted vnto him an Acre of new ground 01 an Acre & halfe yf yt. be there, lyeing next vnto Arthur Bostocks lott on the great playne*,
PAGE 26. Yt is ordered that all the heardes that doe or shall keep Cattel, As Cowes Goates Hoggs or any other Cat- tell shal hereafter keep them from foeding vpon any meadous or ground fitt to be mowen for haye within the liberties of the towne or within 3 miles of the sayd Towne, and for such default such person shall be lyable to paye such damage as shall accrue to the sayd Inhabitants.
October 22 1644 Yt is ordered that ffulk Daues shal haue two Acres of new ground vpon the playne layd out for him next vnto Iohn Corys his lott.
October 22 1644 At the Generall Court holden by the free- men of this towne Mr. Iones hath the lott graunted vnto him which was formerly granted vnto John Budd of Yeanocockt viz the house lott lyeing next vnto Mr. Stanboroughs to ye north and the Ten Acre lot that was Mr. Winthropps, and eight acres which was appoynted vnto Mr Cole of Hartford, and foure Acres of old ground vpon the playne, yf yt can be found out and 48 Acres lyeing next to Mr. Coles, provided that yf he shall remove from this place with his family before 3 yeares shall be expired, that then he shal not sell more of the sayd allotment than he hath improued, by building, tylling, or fen-
* The "Great Playne" so frequently mentioned was the tract of land bounded East by the town Pond, and West by Shinnecock bay, North by the hill street, and South by the ocean. + Now Southold.
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cing, And to allow vnto the towne forty shillings for the said lotts and for the fenceing of the house lott.
PAGE 27. November 5th 1644 Yt is ordered that whosoev- er shall fell any tree across any common cart way and shall not forthwith remove yt thence, shall paye for euery such of .. fence three shillings, And whosoeuer hath formerly felled any tree or trees crosse any common cartway and doth not take them away within one month after the date hereof shall paye for euery such default two shillings.
Nouember IS, 1644 lohn Cooper the elder was Censured by the Generall Court for som passionate expressions fiue shillings.
Nouember 1S Yt is ordered that every man within this towne that beareth armes shall haue a sufficient coslet* of clabbourd or other wood in continuall readiness.
November 18 1644 . Yt is ordered that the little common shall be sufficiently fenced against all sorts of cattell and Goats by those that have fences upon the sayd common betwixt this and the first daye of March next after the date hereof, both for land fence and for water fence, and whose fence shall be defi- cient shall paye for every pole 1s 6d.
November IS 1644 Thomas Sayre was censured for some contemptious cariag to Mr. Gosmer being Magistrate, to pay 10s and to make publick acknowledgement of his offence which yf he shall refuse, then to be lyable to paye 40 shillings.
PAGE 2S. November 19 1644 The petition that was pre- sented by John Stratton and Thomas Talmage Junr for the quiet and peaceable Inionment of the lott betwixt them which formerly was graunted vnto Widow Bancroft, was graunted and consented vnto by the Generall Court prouided that they shall keep, Improue and possesse the sayd lott in theire handes three yeares after the tyme yt was by the sayd wid- dow Bancroft giuen vnto them.
November 19 1644 It is ordered that all such fines Amerce-
*There is some controversy as to the meaning of the term "coslet." Mr. Henry Onderdonk, Jr., supposes it to be a gun-rest, and used to render aim more certain, others think it was some- thing like a shield. and a wooden one world doubtless be a protection against Indians' arrows.
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RECORDS : TOWN OF SOUTHAMPTON.
ments Taxes or Assessments what soever which have been in this towne past before the date hereof, shall be collected and leauied by the same constable or Marshall in whose yeare they were due to be leauied.
Nouember 19, 1644 The petition of Henry Pierson for the quiet and peaceable enioyment of the lott which he bought of John White, was by the General Court consented vnto pro- uided that the sayd Henry Pierson shall enicy and improue the same three years from ye tyme of his purchase before he shall haue pouer to dispose of y t.
March 4 1644 Whereas George Wood and an Indian nanied by the name of Hope both of them being servants vnto Mr. Ed- ward Howell of this towne of Southampton, haue consented to commit carnal fiilthiness together and the sayd Hope being be- gotten with child hath constantly affirmed the sayd George Wood to be the lawfull ffather of the sayd child. Both of them haueing receaued corporale punishment. The sayd George Wood and the sayd Indian named by the name of Hope, haue both of them publickly in Court the daye and yeare aforesayd, Consented and agreede that the sayd child basely begoten be- ing at this tyme a yeare old, shall continue to be the lawfull servant of the sayd Edward Houell, his heires or Assignes vn- til the sayd child shall be of the age of thirty years before he shall be released of his aforesayd Apprenticeshippe, And the sayd Edward Houell doth promise for himselfe his heires and Assignes to prouide for the sayd child meat, drinke, and Ap- parel and necessaryes fit for such a servant dureing the sayd tyme. In witness whereof the parties aboue mentioned haue set to their hands this fourthe daye of March 1644.
March 6 1645 Yt is ordered that what ouerplus vpon the new measureing of the eight Acre lottes vpon the great playne that belonges vnto Thomas Talmage Senr and John Cooper shall lye between their two Lottes, And the ouerplus of the eight acres that lye against the Great pond, shall bee left on that end next vuto the greate pond, And what shall be left as overplus of Thomas Hyldreths eight Acre lotte shall lye in length next to Mr. Gosmers and John Moores eight Acres.
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RECORDS : TOWN OF SOUTHAMPTON.
PAGE 30. - 6, 1645 Whereas Josiah Stanborough, Richard Barret and Arthur Bostock were appoynted to laye out the eight and Ten Acre lotts vpon the great playne, yt is agreed vpon and ordered that the aforesayd persons shall prosecute the sayd worke betwixt this and the twentieth daye of April next after the date hereof, and what shall be ouerplus of the Eight Acres shall paye for the layeing out of the sayd land Is 4d per the Acre yf yt shall come to so much, and what shall be wanteing vpon the measureing of the Ten Acres (yf any desire to have them new measured) that then what shall appeare to be wante- ing shall bee supplyed at the vpper end next the wood land .*
March 6, 1645 Yt is ordered for ye yeare ensueing that the ffront fence of euery mans lott shall be sufficiently fenced, and yf any mans fence shall be deficient Iohn Mulford is author- ized by this preseut Court to amende the sayd ffences and to have of euery one who shall make default 1d for setting vp and prouiding each pole that shall be wanteing, And in case any man shall refuse to make paymt, The sayd Iohn Mulford with the Marshall shall haue powre to make distress vpon any mans goods or chattels.
It is ordered that vnto the lott wch was layd out to Isaack Willman there shall be as good Accommodations layd vnto yt as vnto other lotts one that side of the Towne according to the best discretion of the three layers out.
PAGE 31. March 6, 1645 Yt is ordered that yf any man who hath a home lot in this towne and shall fence one syde of his home lot and his neighbor refuse to fence his syde lyke- wise, That then the benefit of the herbidge of such Lott or Lotts as are not fenced shall belong vnto him who shall fence in his lott in perticular, and that their shall not bee any Im- provement of such person vpon his lott vnless the sayd per- son shall fence as aforesayd.
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