Records of the town of Southhampton, with other ancient documents of historic value, Vol. I, Part 5

Author: Southampton (N.Y.); Pelletreau, William S. (William Smith), 1840-1918; Post, William J., 1861- ed; Early, James A., ed; White, Edward P., ed; Sleight, Harry Dering, 1875-
Publication date: 1874
Publisher: Sag-Harbor, N.Y., J. H. Hunt, printer
Number of Pages: 218


USA > New York > Suffolk County > Southampton > Records of the town of Southhampton, with other ancient documents of historic value, Vol. I > Part 5


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15


March 6, 1645 Yt is ordered that William Rogers shall haue such Accommodations layd vnto his Lott as other men


* From this and many other items of the same nature we have reason to believe that a part, if not all of the great plains was originally covered with woods.


37


RECORDS : TOWN OF SOUTHAMPTON.


haue on that sid of the towne where his lott lyeth,* with the land to be returned into his hands which was Improved by Mr. Smith with full poure and libertie to sell and dispose the sayd accommodations according to his discretion.


March 6, 1645 yt is ordered that the fiue pounds that are due from Thomas ffarrington and Edward ffarington vnto the Towne shall be layd out for the prouiding of a prison.


luly 7, 1645 Yt is ordered that Mr. Richard Odell shall haue given vnto him the howse lott that was formerly belong- ing vnto Mr. Cole of Hartford, with the 8 Acre lott belonging formerly vnto ye sayd Mr Cole, with 48 Acres of upland, and Ten Ac:es vpon the playne with meddow and cther apperta- nances thereunto belonging vpon condition that he possess the same three years and pay dues as are there vnto belonging.


PAGE 32. It is ordered for the prevention of disorder in the Court that noe person whatsoeuer except the Magistrate or Magistrates shall speake in an business which concernes the Generall Court vnless he bee vncouered, dureing the tyme of his speech, And not to moue or speake to any other matter or business vntil the former matter in hand be ended. And that there bee noe priuate agitations by any particular persons to prevent the proceedings or Issueing of any matters. And who- so shall make default shal bee lyable to paye sixe pence, and the constable shall distress vpon the goods of the offender and to present the said fines to the next General Court.


Yt is ordered that from time to time hereafter that the Meet . ing howse shall be sweeped vpon the last daye of euery weeke, of each ffamily by turnes vpon notice giuen by those who sweeped yt last. And each family from the first of October to the 15th of Aprill shall by turne lykewise make a fire in the meeting howse vpon each Sabath daye, and to giue notice to the next whose turne yt is, And yf so bee any shall make de- fault haueing notice given, shall paye for every such default two shillings sixe pence, And yf any shall neglect to giue no-


. This is the present homestead of the heirs of Albert Rogers, and we learn from this and oth- e records;that many houses whte built upon the present main street previous to the laying out us the new town plot in 1648.


1


3S


RECORDS : TOWN OF SOUTHAMPTON.


tice according to turne at the leaste one day before the tyme aforesayd yf thereby the worke shall be neglected such shall be Ivable to paye two shillings sixe pence.


Yt is ordered that Iohn Bud shall haue graunted vnto him 4 Acres of new ground adioyning vnto his former 4 Acres to make vp an eight Acre lott at the end of Mr Gosmers Thos Sayres ar d Mr Houells lotts where hee shall think meete


October 13, 1645 Yt is ordered that whosoever shall not appeare vpon warneing giuen to help open the beach or gut at Meacoxe shall be lyable to paye fiue shillings.


PAGE 33. Yt is ordered that euery one that hath a lot on the west side of the towne shall hence forth mayntayne as his propriety vpon the Beach eight poles two foote and a halfe, and three poles and 3 quarters of common fence, and euery one that hath a lott one the East side of the Towne to mayn- tayne 4 poles & a foot & a quarter of fence vpon the Beach, And two poles wanteing two foote of Common fence else where, And the west side to begin at the west ende, and the east side at the east ende And yt there shall arise any differ- ence betweene the goodnes of any mans fence, yt shal be ad- indged by two Indifferent men chosen by each man and in . case those who are chosen shall not agree, then they shall haue powre to choose a third man to decide the controversie, And this to be don sufficiently betwixt this and the 15 day of this Month, And who soe shall make default shall be lyable to paye two shillings vpon ye pole.


October 29, 1645 Yt is ordered by the Generall Court that from the first daye of November to the first daye of March next ensueing there shall be a cessation of bearing of Armes vnto the meeting howse vpon the Lord's daye. And those yt are lyable to beare Armes, the one side of the town shall beare Armes on the Lord's daye, And the other side of the town shall beare Armes the next Lords daye, And so to continve vntil the first daye of Novembe, following vnless the Magis- trate shall giue notice to the contrary, And whosoever shall make default, shall pay sixe peuce on the fore noon and sixe pence on the afternoone.


39


RECORDS : TOWN OF SOUTHAMPTON.


PAGE 34. Henry Pierson hath 4 Acres of land graunted un- to him vpon the great playne, lyeing head wayes towards Mr. Smiths and sidewayes towards Mr. Wells his lott. and down to the swampe.


Richard Barret is discharged from beareing of armes prouid- ed that he keep his Armes fixed with powder and Amunition.


March 5 1646 Thomas Halsey was censured for hindering the qviet proceedings of the court and causeing them to lose their tyme by his willfull obstinacy, And for the uniust charge- ing of the Court for lustefying the actions of Mr. Howe, ffor which offence he is required forthwith to make publick Ac- knowledgement, and to paye fiue shillings for his fine.


Thomas Halsey vpon his refvsal to make acknowledgement, of those things for which he was censured is fined to paye the sum of forty shillings, [Note added,] Thomas Halsey had his fine remitted by the Generall Court holden March the third 1647.


Yt is ordered that every person within the boundes of this Towne shall be assistant vnto the Marshall & constable in the execution of his office, and to haue allowed vnto him for the seruing of any warrant that concernes any private business sixe pence but not to have any thing for warrants that concerne any publick business.


April the 6, 1646 Yt is ordered that the rates which shal be made for the Towne of Southamton for four years next en- sueing the date hereof shal be dve and payable from the sayd towne of Southampton eyther towards the mainetayning of the ministry or other town rates (excepting for the killing of wolues) shall be payd according to the proportion of land that shal be taken vp for each man's allotment.


PAGE 35. October 6, 1646 Henry Pierson was censured by the Court of Magistrates for miscariage in threatning that yf any man should strike his dogge he would knock him downe, and to paye for the sayd miscariage Ten shillings and to be of good behauiovr.


Octob. 6, 1646 Arthur Bostock was censured by the Court


1


RECORDS : TOWN OF SOUTHAMPTON'


40


of Magistrates for challengeing Mr. Stanborough to fight with him and to paye for the sayd offence unto the Towne Ten Shillings.


Octob. 6, 1646 Josiah Stanborough was censured by the General Court for rescueing of a distress, and for resisting the constable ffor which offence he was fined Ten Shillings to be payed the next Genarall Court vpon demand. [Note.] Josiah Stanboroughs censure was remitted March 3.


[Note at bottom of page] at a quarter Court houlden the 6th daye of October 1649 the towne reconed with Ioshua Barnes for his boat hier, his demand is 6L 12S Od whereof was payed to him by Mr. Howe then & before the sum of 4£ 7s 11d, & remayues dve still the sum of £2 4s 1d.


The above said sum was discharged next day,


PAGE 36. Articles of an Agreement between Mr. Edward Howell Gent, & the Towne of Southampton Ian 7, 1644. The aboue said Edward Houell doth promise to build for himselfe to supply the necesities of the Towne a sufficient mill at Mea- coxe upon these consideracons following.


Imps That the Town of Southampton doe giue & graunt vuto ye sayd Edward Howell and his heires for ener, fforty Acres of land neer vnto the sayd mill in some convenient place there vnío Adioyning.


2 That ye said Towne eyther build a sufficient dam for the sayd intended mill,* or else to allowe 4 dayes work of a man that hath a lott on the west side of the towne, or else so much in value by their Teames and two dayes worke for euery one that hath a lott on the south east side of the towne, and to bring, such tooles as they shall be appoynted, and to come to worke at two dayes warneing.


3 That the Towne of Southampton doe laye ye mill-stones at the place where the mill wright shall appoynt for ye sayd mill at Meacoxe,


4 That the sayd towne vpon the consideracons above sayd


* This mill stood north of the present water-mill belonging to Ashur M. Benedict Esq. One of the mill stones was procured from a rock at mili-stone brook at Seponach, the other from a rock in or near mill-stone swamp, near the Brick Kilns. W. S. P.


41


RECORDS : TOWN OF SOUTHAMPTON.


doe freely giue the sayd Edward Howell his heires and assigns a payre of mill stones as his lawfull propriety.


5 That every one in the sayd towne from 16 yeares old to 60 (except Magistrate Minister Miller and heardsmen) in their own persons shall bee ready so often in the yeare to cutt open suf- ficiently a gutt at meacoxe, at such tyme & tymes as ye Mag- istrate or Magistrates shall giue warneing, and the owner of the mill to be helpfull as well as others, except as aforesayd.


6 That noe person shall set vp any ware or wares in the millstreame within ten poles of the sayd mill nor fish within ten poles of the sayd mill nor in the mill pond [The rest of this agreement if any, is lost. W. S. P]


PAGE 37. ffeb 9 1645 Yt is ordered by the General Court that yf by the prouidence of God there shall hence forth cast vp within the limitts of this towne of Southampton any whale or whales or any part or piece of a whale, that noe man shall presume to take or carry any part thereof vpon the forfeiture of Twentie shillings, and to stand to the further censure of the Court, without order from the Magistrate or Magistrates, And whosoever shal find or espie eyther whale or whales or any part or peece of a whale cast yp, vpon notice giuen vnto the Magistrate or Magistrates shall haue for his paynes allowed vn- to hin five shillings. But yf yt shall be by the Magistrate or whom he shall appoynt, adiudged not to be worth fiue shil- lings Then the sayd partie which shall giue information shall have it for his paynes, And that from yeare to yeare the Mar- shall give notice after any storme or according to [his discre- tion vnto two persons in whose ward by turne yt shall belong or appertaine. And yt is further ordered that if any shall find a whale or any peece there of vpon the Lords daye that then the aforesayd fiue shillings shal not be due or payable.


April 16, 1646 Yt is ordered that Mr Howell hath 4 Acres of Meddow land graunted vnto him at Meacoxe where he thinks meete.


Yt is ordered that Richard Post shall haue layd out for him two Acres of that land adioyning to the foure Acres of land


42


RECORDS : TOWN OF SOUTHAMPTON.


that was some tyme belonging to Mr. Odell and now doth be- long to Henry Pierson.


Mr. Gosmer hath graunted vnto him liberty to take in vnto the lowre part of his howse lott, from Thomas Sayre his fence to a stake that is marked out by the fiue men that are chosen to order towne affayres.


PAGE 38. Southampton this -th October 1646, Henry Pierson dothe acknowledge himselfe to owe vnto the sayd Towne the summe of five pounds, and John Cooper doth ac- knowledge to owe the said towne five pounds to be leauied of their goods & Chattels lands and tenements vpon this condition that the sayd Henry Pierson shall appeare at the next quarter Court holden for this towne, and in the meane whyle to be of good behaviour towards the Magistrates and all other persons. [Note.] Henry Pierson appeared this day.


Yt is ordered that yf any man shall take away any part of any mans workeing tooles, or yrons harrows yoakes chaynes ploughs, from any part of the Towne or field without lycence from the owner, shall paye to the owner Ten Shillings and make restitution.


Yt is ordered that what soever damage shall be made or don vnto any man by reason of the badness of his neighbors fence on the little common, such damage shall be lyable to be' payd by such persons through whose fence the cattle broke through, and yf it appeare that was through the badness of the water fence or towne gates, that then such damage shall be payd by the towne.


PAGE 39. [The 39 page of original is blank.]


PAGE 40. feb 9, The debt due to Mr. Howell was 7, 2, 9 paid to him 5, 5,5


remaining vrpaid 0, 17, 4


due to Mr. Gosmer, 0, S, 0


Iune 26 1647 It is ordered by Mr. Wells of heartford & William Gibbins of the same that all reconings & demands of the towne of Southampton concerning wampum given to Iohn Gosmer shall be discharged vnto him, & all debts due to him


43


RECORDS : TOWN OF SOUTHAMPTON.


from the saide towne shall be discharged vnto them, from ye beginning of the world vntill ye daye aboue written.


These persons are


Satisfied,


Agora gallery


Autograph ol Thomas Halsey.


PAGE 41. It is ordered this instant 6th of ye 7th month 1647 by ye fiue men apoynted for the affaires of this towne.


Imps that ye greate playne shall be fenced by ye present inhabitants according to their valuattion in their taking vp of lande in ye saide playne, and also for the marsh land as many as have any on ye same shall fence for it as for ye vpland, & this to be done with sufficient fence against all sorts of cattell, (except pigs of and vnder halfe a yeare ould) by the last day of ye first month next.


It is ordered this instant Sth of the twelfth month 1647 that if any person or persons shall keepe cattell on the Lords daye they shall call at euery mans house seasonably for such cattell as are to goe before him or them whether Cowes, or goates vpon paine of forfeit two shillings & sixe pence to en - ery man whose cattell they neglect to call for.


ffurther it is ordered that noe person nor persons inhabiting within the town of Southampton shall henceforth plow or sow any lands late in occupation of any that have deserted this plantation, nor any other lands that are earable held in the common interest, vntil the power apointed for & over towne affaires shall dispose such vacant lands to such Inhabitants for ye good of ye publique.


It is ordered this present 17th of the 12th 1647 that Mr. Iohn Howell shall have 3 acres for a home lot by and between ffar- ington's lott and Iosiah Stanborough's house, for length & bredth as it shall seem most convenient to Iosiah Stanborough


44


RECORDS : TOWN OF SOUTHAMPTON.


Thomas Talmage & Mr. Edward Iohnes, & in regard ye said Josiah Stanborough doth Part with some of his propriety to accommodate ye said Mr. Howell the said Iosiah Stanborough shall goe to the northward vpon any lande lots or otherwise to make vp the proportion he of right possessed here to fore provi- ded that none of yeaboue sayd lotts exceed three Acres & a halfe.


PAGE 42. It is ordered this instant 17th of the 12th month 1647 that the profit of whales and the burthen of opening the beach for the mill, and all rates levyes and taxes, the killing of wolves and all other payments arising for any cause or reason what soever shall at all times and from time to time here after be devided received and payed by lands, according to what euery man hath in his possession, And this to stand for the most peaceable way any law order or prescript heretofore had or made notwithstanding.


PAGE 43. Whereas there is a former mention made of sev- erall inclosures belonging to certaine inhabitants that did dwell on the east side of the towne, the same being & lying on the said side of the towne, it is further ordered concerning the same that if any person that is owner of any such inclosures, shall sustaine any damage through the deficiency of their fence that the owners of the said allotments shall beare such damage.


It is ordered that Thomas Halsey shall haue his afore men- tioned three acress of his fourty eight, laid out sixteene poles in breadth, and whereas there is a highway eight poles wide to bee betweene the said lot and the pond neere adioyneing, the towne doe giue way to the said Tho. Halsey to inclose to the pond the said breadth of sixteene poles, but if hereafter the said inclosure of that pt of the highway becomes preiudicial to the towne in the eyes of the maior pt thereof, that then the said pt of the highway soe inclosed shall returne to its former nature.


This agreement and the orders herein mentioned were vo- ted and consented vnto by all the present Inhabitants of this towne of Southampton in the presence of us.


THO. WELLES WILLIAM GIBBINS


45


RECORDS : TOWN OF SOUTHAMPTON.


Southampton Iune 24 1647 Wee whose names are vnder- written doe witnes that all the Inhabitants of this towne ex- cept Tho. Vale & Tho. Burnet were present and consenting vnto the aforesaid agreement, only Mr Smith was out of towne. EDWARD HOWELL 10. GOSMER


ABRAHAM PIERSON JOB SAYRE,


RICHARD ODELL JOHN MOORE THOMAS HALSEY HENRY PIERSON


PAGE 44. And for the further setling of that peace and vnity amongst the Inhabitants of this towne which hath bin long endeavoured. It is ordered that who soeuer here after shall vpbraidingly reproach another for or about or conten- tiously discourse former differences and grieveances tending to the disquiet of the towne or any person there in shall for- feit for every such default twenty shillings to be paid vpon conviction by the testimony of one witnes before any one magistrate, the same to be leavied by the marshal by way of execution without further tryall.


Iune 11 1647 The Gentlemens directions about the divis- ion of land being read distinctly, well wayghed & considered, and the said Gentlemen, (viz Mr Hopkins and Mr Haynes) hav- ing prouided in the said writings that when the lymits of the plantation weare set out every man should haue for quantity and quality within the bounds of the towne, & plantation alike according to their severall proportions, in their valuation to be devided in the most impartial manner that may be and allso to haue & hold their due comons acording to their severall divis- ions or dividents thorefore the day and yeare aboue written it is ordered by the fiue men set over to wne affaires, and by the free men and by all the neighborhood (the present inhabitants) of this towne bath for them selves & for all that shall come to fill vp the lots that are yet to be disposed of, That the bounds & Lymitts of this town of Southampton shall be in and to all


D


46


RECORDS : TOWN OF SOUTHAMPTON.


intents and purposes for as large Ample & beneficial manner as it hath bin heretofore at any time or times obtained possessd or purchassed of the Indians the natiue inhabitants, or Iames ffaret Gent, Agent for the Right Hon. Earle of Sterling.


This order was voated & fully Agreed vpon by the parties abou mentioned. But one negatiue voyce in the whole house at an appearance of all the Inhabitants.


PAGE 45. Southampton April 12 It is ordered that by the 4 men for this towne that yf any goates or kids be kept on the common they shall paye to the cow keepers for euery six goats or kids that are put vpon the little common that is at home according to that rate as for a cow.


It is ordered by the 4 men likewise at this present April 12 that noe man shall have any cattell on the great playne but on his owne ground till all the white corne be in, vpon paine of Ten shillings [Note] or vpon the little plain.


April 12 It is ordered by all the towne that was at the meeting house at n meeting that all cattell except hoggs and goates shall pay for all cattell alike to the keepers *.


May 3d 1647 it is ordered by the fiue men apointed for the affaires of this towne for this present year that cowes and goates shall not be kept together neither by cow keepers nor goate keepers, nor all nor any of them, at no time, all this present summer vpon ye paine of twelve pence A person for every such default, allso that if the goateskeepers doe willfully min- gle their goats they shall be lyable to the same penalty.


PAGE 46. [The 46th page in original book is blank.]


PAGE 47. May 6 1647 Yt is ordered by the fiue men for this Towne that all men 16 yeares to 60 yeares except Magis- trates ministers and Constable and clarke, shall bare armes with guns powder and shot compleat on the Lords daies, vpon paine of sixe pence fore noon and sixe pence äfter noon, and whoso leaveth his armes in the meeting house shall pay sixe pence, and this to be levied by the Clarke by way of distress &


* The three preceeding entries are in the hand writing of William Browne, and are so difficult to decipher that we are thankful that he did not act as Town Clerk very often.


47


RECORDS : TOWN OF SOUTHAMPTON.


sale of goods vpon refusall to pay ye said forfeitare, [Note] this order is repealed. -


Yt is ordered this third of the 5th month 164S that the trayne band shall be devided into three eqvall squadrons by the clerke of the band and vppon notice by him given to those or that third part of the soldiers that are to carry ye first Lords day, if any man shall not bring his armes to the meeting house shall pay as in the aboue written order this to continve untill further order abovt this matter, and so each squadron to carry by turns on the Lords day according to their devision and warneing and to pay like forfeiture as aforesaid, att the same Court it is ordered that 4 men shall bee chosen to equailise the meadow at Shinecock, or else when convenient to be laid out.


PAGE 47. Mr. Sticklin of Hempsted by his depvty his sonne in law Ionas Wood hath vppon the second day of Iuly in the year 1650 drawne for his meadow ground for his propor- tion of lande being three hundred lb, first a lot on the beach in itself complete number ye 6th ; the second lott vpon Shine- cock Number the 22d. And part thereof on the north side of the vppland lying betweene the stummps and number the 20th and is numbred also the 22d to answer the former,


()ne other lott called ffarington No. 9.


One other lott marked with No. 30


These lotts were drawn before vs


Edward Lowell


Autagraph of Edward Howell. WILLIAM BROWNE REGISTER.


Vpon the 10th day of Aprill 1651 John Kelly had a whome lott of 3 Acres of land fronting against the whome lott of Thomas Halsey granted vnto him ypon conditions that yf the saide John Kelly doe not personally


the same that the saide land with the housing * with any other material as fencing, shall fall into the townes hands, they paying him his expence on the same, as men indifferently chosen by the said Kelly and the town shall judge it at his leaving to be worth.


4S


RECORDS : TOWN OF SOUTHAMPTON.


PAGE 4S. Iuly 24 1650. It was voted vpon the saide day by the General Court then holden that Thomas Topping and Josiah Stanborough shall price the goods and chattels of the deceased William Browne* [Note] A coppy of the inventory is entered and mayd.


Vpon the 3d day of September 1650 at the Generall meet- ing it was granted that Thomas Cooper shall have a home lott of 3 Aeres lying against the reere of Thomas Saires his lott and that the saide lott shall runne 40 rod in length, and 12 rod in breadth, and that the saide lott shall be soe layed out as that it shall be noe impeachment to the highwaye for cattle and carts to pass, it was ordered that Mr. Iosiah Stanborough William Rogers and Edward Iohnes shall lay out the same allowing for the highway as they shall think requisite.+


Southampton. At the Quarter Court held vpon the 3d of September 1650 Thomas Vealo doth acknowledge to owe to Mr Edward Howell and Mr John Gosmer to the vse of the town the sum of ten pounds to be levied of his goods and chat- tels lands and tenements vnder this condition that Sarah his wife shall appear at the next Quarter Court to be holden for ye body of this towne, and in mean time to be of good behav- iour to all lawfull people.


The 3d September 1650 Vpon the saide day were absent at the second call Mr Richard Smiths Mr Thomas Topping Rich- ard Barret [Note] Mr Topping payd and the two other men.


PAGE 49. It is granted by the major part of this towne that Mr Ogden and his company shall have Cow Neck and Jefferies Neck for their owne proper right, also that they shall have for their planteing land in either or both of said necks three hundred 24 acres, prouided they settle vpon it, and vp- on the same grant they are to haue all the meadow betwixt the brooke by the Sachems house and Hog neck spring, for their proper right provided it bee a mile from the sea side, vp-


* From these records it appears that Wm. Brown must have died between July 2d ahd 25th, 1650.


W. S. P. t The above lot of Thomas Cooper is the one now ewned by Thomas Warren and Mrs. Hen- dr.ckson.


49


RECORDS : TOWN OF SOUTHAMPTON.


on these conditions following that they must pay to all com- mou rates of the towne at the rate of 9 hundred pounds ae- cording to ths taking vp of those men that dwell there, 2ndly that hee shall place there six families that shall live there and have their abode, 3d that in case that the whole bounds of the town come to be stinted for cattle that they must be stint- ed also as they are that live at the towne by the same rule. In common ratesas aforesaid is alsoe ineluded the ministers meenes.




Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.