USA > New York > Suffolk County > Southampton > Records of the town of Southhampton, with other ancient documents of historic value, Vol. I > Part 6
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PAGE 50. March 1647. It is ordered by this Generale Court that Mr Howell Mr Gosmer Mr. Smith Josiah Stanbor- ough and Thomas Halsey shall have the same authority that the five men had 1644 or to give or let any land that is at lib- erty for a crop this year.
PAGE 51. Southampton the Sth of the Sth month 1647. It is ordered by this Generale Court that if any man be chosen to bee freeman of this towre shall refuse it shall pay fortie shillings for his fine, Imprimous at this instant General Court that Richard Odell gentleman was chosen freeman* and Ed- ward Ioanes Iosias Stambro and John White, It is ordered vp - on this ? day of October 164S by the General Court that Mr Richard Smith Mr William Browne, & Iohn Howell were chos . en freomen of this town of Southampton.
[Notes] This 15 day of Iune 1619 Mr Thurston Raynor is chosen freemen of this town of Southampton at the Gener- al Court by the freemen.
Southampton Aprill. It is ordered uppon the 31st of March 1650 by the General Court that Mr Thomas Topping & Mr Iohn Ogden were chosen freemen of this town of South-' ampton aforesayde,
PAGE 52. By the towne May ye 6th 164S It is ordered that Thomas Robbinsou shall be accepted as an inhabitant & hath a fifty pound lott granted vnto him provided the said Thomas be not vnder any scandellous crime which may be layd to his charge for 6 months after ye date hereof, & that he
* As the position of freeman not only involved the power to hold offiee, (which was not so much sought after then as now) but rendered the person liable to jury duty, it appears to have been considered more an honor thar an advantage.
50
RECORDS : TOWN OF SOUTHAMPTON'
cary himself heare as becometh an honest man, It is further ordered that Samuel Dayton shall be accepted as an Inhabi- tant, & hath A fifty pound lot granted vnto him provided the said Samuel (being a stranger to vs) weare of good approba- tion in ye place where he last lived at Fleshing, and do de- meane himselfe well heare for ye time of approbation namely six months next to come.
By the towne May ye 12th 1648. It is ordered that Robert Marden alias Marvin shall have A hundred pound lot vppon 3 months approbation had of him,
PAGE 53. Southampton Iune 11 it is ordered by all the In- habitants of this Towne this day that this town is to be devided into fortie house lots some biger some less, as men have put in a share, six thousand pounds to be devided in to fortie parts*,
This instant 23d of ye first 1645 it is ordered by ye five men apoynted for towne affaires that ye whole Towne shall be called together on the second day next at the setting of the sunne to consider of A Towne plot that shall be then presented tothem and to determine concerning ye said plot or some other that may be presented by any other mans advice, & also to consider of such home accommodations as may be most suitable to ye comfort peace & wellfare of this plantation as touching the proportion to every man in his taking vp according to his val- uation, & that there be men apointed forthwith to decide ye same, & this to put in execution ye order above written,
[Note interlined] The order vnder written was nullified & repealed at a General Court holden vpon the 5th day of March 1651, [See page SS of original.]
This instant 27th of the first 1647t it was long debated at an apance [appearance] of the inhabitants of this towne con- cerning ye pproportions of home lots acording to every mans valuation, and at length it was concluded by ye maior, that it
* This is the origin of the 150 Ib, allotments, concerning which there has been so much dis- pute. The year of the above entry is probably 1647. Each lot was subdivided into 3 fifties which was for many years the smallest subdivision.
W. S. P.
t There is here an apparent discrepancy of dates which may be reconciled by supposing that the year was sometimes supposed to continue until the end of March. The expression "second day next." means next Monday, and the date "23d of the first 1648," means Thursday, March 23d, 1647's.
W. S. P.
51
RECORDS : TOWN OF SOUTHAMPTON.
should be three acres to a fifty pound lot & so to every mans acording to his taking vp, to adioyne to him at home or else to lay in the most convenient nearest land that may be, & at ye same town meeting it was further ordered that if so great a proportion at home shall be evil in the eyes of eight or ten ffamilies that shall come to inhabit in this plantation within ye space of 12 years after ye date hereof ye present inhabitants do hereby assure they will hearken to them in any way that may be better for the whole,
PAGE 54. [The 54th page in the original book is blank.] PAGE 55. [Indian Deed for the Town of East-Hampton.]
This present writing testefyeth an agreement between the worshipful Theophilus Eaton Esq. governor of the colony of New haven, & the Worship Edward Hopkins Esq. governor of the colony of Conectycutt & their assotyates of the one part, & Poggatacut Sachem of Manhansicke Wayandanch Sachem of Meuntacutt, Momwetom Sachem of Carchake, Nowedanoh Sa- chem of Shinecock & their asotyates the other part, The said sachems haueing sould vnto the foresayd Mr Eaton & Mr Hop- kins with their asotyats all the land lyinge from the bounds of the inhabitants of Southampton vnto the east side of Nepeake next vnto Meantacutt highland with the whole beach from sea to sea, not intreanching vpon any length or breadth which the inhabitants of Southamton haue and doe possess (as they by lawfull right shall make appear) for and in consideracon of twentie Coats, twentie four hatchets, twentie four howes, twen- tie four kniues, twentie four looking glasses, one hundred Mux- es*, alredie receaued by vs the fore named Sachems for vs and our assotyats, & in consideration thereof we do give vp vnto the said purchasers all our right and interest in the sayd land to them and their heires for euer also do bind our selues to se- cure their right from any claymes of anie others whether Indy- ans or other nation what so euer that do or may challenge Int- prest therein, Alsoe wee the sayd Sachem have covenanted to have libertie ffreely to ffishe in anie or all the creekes & ponds
* Muxes were instruments like a brad awl, and used for drilling holes in making wampum.
52
RECORDS : TOWN OF SOUTHAMPTON.
& hvnt vp & downe in the woods without molestation (They giuing to the Inglishe inhabitants no iust offence or iniurie to their goods or chattels) likewise they are to haue the finnes and tayles of all such whales as shall be cast vpon their proper right, (And desire they may bee friendly dealt with in the oth- er pt) Also they reserve libertie in all convenyent places shells to make wampum Allso if the Indians hunting any deer they shall chase them into the water & the Inglish should kill them the Inglishe shall have the bodye, and the Sachem the skin. And in testemony of our well performance hereof wee haue sett to our handes the day and yeare above written.
A true copie.
PAGE 56. October 1648 Thomas Sayre was alowed for his basse drumme the some of 13s, and his yeare begyneth the sayd daye.
An action of slander and defamation entered by Mark Meggs plaintive against Richard Smith defendant, the 17th day of December 1651. The jewry warned vpon this action Thomas Halsey Senr, Richard Barret, Thurston Raynor, John Cooper Senr, Richard Odell, John White.
December 21st 1651 The Court being sett The said Iury orderly called and answered lykewise the defendant attended, but the plaintiff appeared not and soe hath forfeited his bond. The plaintif appearing though unseasonably & haueing libertie then to proceed it was granted by the Court that the plaintiff satisfying Mr. Mills 7s the plaintiffs bond is cancelled, the sayd jury haveing tried the cause finde for the defendant.
PAGE 57. Ye fifth day of ye 10th moneth 1646 Account taken of Thos. Halsey Marshall of a rate levyed on the Town of Southampton whereof these whose names are underwritten have payd nothing towards .*
48 s. d.
Raphiell Swinfield
02, 11, 00
William Wells
1, 05, 00
Mr Symonds
01, 05, 06
* The names here added are probably those of men who had land here, but who had aband- oned the plantation. W. S. P.
53
RECORDS : TOWN OF SOUTHAMPTON.
Robt, Terry
00.
10, 23
Robt. Rose
00,
10,
23
Jeremyah How
00, 10, 21
Accounted more for the
03, 04, 00
wolves. and for the water fence
01, 04,
00
PAGE 5S. [5Sth page is blank.]
PAGE 59. At a generall Court of the freemen vpon the 14th day of Nouember 1648, that there shall hereby be provided a sufficient payre of stockes, Iohn White haueing vndertaken to make them.
It is further ordered on the day aboue sayd that the lande belonginge to the mill is to be rated after the value of a hun- dred and fiftie pound lotte.
6th Octobr 164S at a generall court it was ordered that Io- sia Stanbro should bear the ofis of constable the year following.
This 4th December 164S it is ordered by the general Court that Richard Post is to make a sufficient bridge of tymber in the new hiewaye, and the said Richard Post is to have for the sayd work the summe of twelve shillings trewly paid as soon as the work is dune.
PAGE 60. It is ordered December 2, 1648 by the generall cort that the inhabitants of this towne of Southampton shall haue their eqvall vote in making a conclusion concerneing the whale or whales that may here after by gods provydance be cast vp within the sayd townes bounds. At the sayd time it is ordered by the sayd Cort & inhabitants that if there shall bee any whales cast vp as aforesayd that then the same shall bee cnt out by one 4th part of the sayd inhabitants who have lots in the towne or some for them able for the occasion, and they shall haue for their paynes one fourth part of the saide whale for their soe cutting it out for the towne and deviding it to every man particular according to their seueral proportions of land according to their best vuderstanding, they the sayd cutters out to have besides the said 4th pt their share as other men accord- ing to their proportion of land, and the next time that any whale is cast vp another 4th pt, and soe evenly the other 4th pt
0
54
RECORDS : TOWN OF SOUTHAMPTON.
to doe as the aforesayd first mentioned 4th pt to doe in cut- ting out and deviding it, and that whatsoever part of whayles is left by the sayd cutters out for the towne it shall be lawfull of any other inhabitant or inhabitants to take it for themselves, but none of the cutters, and that the aforesayd order may be duly observed, and what other prescript or ordering in this matter in respect of sending to looke for whales to the intent none may be lost through negligence it is left to the oversyght of the constable to send out according to his discretion as form- erly hath been practiced in this town.
PAGE 61. It is ordered at a general Court 7th of October 1648 by the freemen of this towne that Isaac Willman hath the house lot next vuto Ellis Cookes vpon the south side* graunted him provided that if he shall remove from this place before 3 yeares be expired that then he shall not sell the said lott, vn- less he have improved it by building fencing or manureing.
November 6, 164S At a general meeting of the inhabitants of Southampton, it is ordered that whereas formerly there hath bin much controversye amongst the said Inhabitants touching the manner of laying out the great plaine. It is this day final- ly concluded by the said Inhabitants, that all the swamp ground in the saide great playne against any mans lott, shall be laid out to every such person, as in pt of his true measure, acording as the strait lines will give leave, And instead of the said swamp or meadow every such person shall pt with soe much of his vp- land on his said lot in such wise and forme as shal be most con- venient to any other to whom it may belong, lykewise that all the eight acre lottes, and four acre lotts, and two acre lotts, and single acres, and soe much of the tens as in meete shall be meas- ured to compleat the 40 lotts according to former conclusions by the said Inhabitants, The highwayes to be euerywhere two perches in bredth, And that the aforesayd may be accomplish- ed according to the intent hereof the said Inhabitants haue made choice of Mr Richard Odell, Thomas Hallsey, and Henry Pier-
* This is the home lot now owned by Edwin Post, in 1688 1. Wiliman gave it to his son Isaac, reserving "one rood of ground for his sons and daughters to put their horses in on Sundays." The second meeting house stood upon the south side of this lot.
W, S. P.
55
RECORDS : TOWN OF SOUTHAMPTON.
son to lay out the saide plaine as afforesaid according to theire best vnderstanding, and for theire soe doeing they the said lay- er ont shall hane two pence per acre speedily paid vnto them by the said Inhabitants vpon a towne rate, And since hereby the present inhabitants are liable to pay for laying out the great plains, it is ordered that vpon the taking vp of any lott by any incomers every said present pay maker shall be repayed ac- cording to the rule of proportion,
Thomas Cooper Edward Howell Richard Woodhull
Isaac Willman Thomas Beale
Richard Smythe
Fohn Howell Henry Pierson
Richard Barrett
Thomas Halsey
William Browne
Edward Iohnes
Robert Marvin Thomas Talmage
PAGE 62. At a general cort february 8 1648 that Mr Ed- ward Howell, MI Iohn Gosmer, Mr Richard Odell, Mr William Browne, Richard Barrett, Thomas Halsey, Thomas Sayre, John Cooper, John White, John Howell, Mr Iohn Budd, haue bought the howse of lohn Mulford, the aboue named have vn- dertaken to pay the sayd Iohn Mulford the sume of thirtie shillings vpon demaund.
At a general cort february 1648 it is ordered that the playne is to be fenced round both sides, by the last day of march next following and he that is defective of fenceing his portion for feiteth ISd for enery pole. [Note] it is ordered this 6 march 1649 that the sayd playne is liberty given for to sett vp the fence till the 16th of April next.
PAGE 63. A list of the perfect freemen inhabiting this Towne of Southampton March S 1649. Edward Howell Gent, Iohn Gosmer Gent, John Moore, Richard Odell Gent, Thomas Halsey, Iohn Howell,
William Browne, John Cooper, Thomas Sayre,
Ieb Sayre, Edward Iohnes, Iosiah Stanborough,
Thomas Talmage, Richard Smith, Richard Barrett,
John White.
56
RECORDS : TOWN OF SOUTHAMPTON.
A list of all the tounsmen May 10 1649.
Imps Mr Edward Howell Mr Gosmer Mr Raynor
Mr Odell Thomas Halsey
Iohn Howell
John Cooper
Thomas Cooper
Thomas Sayre
Iob Sayre Edward Iohnes
Josiah Stanborough
Thomas Talmage Samuel Dayton Thomas Vayle
Richard Post
Thomas Hildreth Henry Pierson
Iohn White
Ellis Cooke Isaac Willman
Richard Barrett
Richard Smith
Thomas Burnet
George Wood
Iohn Iessup
Wm Rogers
PAGE 64. [The 64th page of original is occupied with the following list of names of persons who were absent probably from some general court. W. S. P.
All these absent
Thomas Cooper absent John White absent
Edward Howell absent
Ellis Cook absent
Ioshua Barnes absent
Isaac Willman absent
John Iessup absent
Richard Barrett absent
Joseph Rainer absent
Edmond Howell absent
PAGE 65. The agreement betweene the towne of Southamp- ton and the well beloved servant of the lord Mr Fordamn, con- cerneing his anuall mayntanance for his labor in ye worke of the lord amongst us, first wee the present inhabitants do in- gage ourselues to paye in current country paye as it passeth at a common rate three score poundes for this present yere to beginne the first day of this present April 1649, and to make our payments half yearely by equall portions. ffurthermore for the yeares to come and for all & euery yeare god shall be pleased to continne Mr ffordham amongst vs after April 1659, from the daye of ye revolution of the first year aboue men- tioned, it is fully agreed and hereby confirmed that the said yearly mayntanance shall be fourscore pounds, per annum to be levied vpon euery man according to their severall possess- ions of landes in our plantation of Southampton, & the bounds
57
RECORDS : TOWN OF SOUTHAMPTON.
thereof. Lastly if fforty lotts shall not be ffilled that then proportionable abatement of ye said four score pounds is to be made according to the number that is deficient, in considera- tion where of Mr ffordam's owne accommodations are not to be liable to pay any part of his yearly mayntanance nor yet any of his estate if the Towne shall see causeto alter the waye of payment as concerning ye ministry, This agreement was consented vnto by all the inhabitants, & by them appovnted to be recorded in the towne booke, to be established in the behalf of the whole towne.
May 1644 at the generall court it is ordered yt Mr Rich- ard Smyth & Thomas Halsey shall make a levy of 1Sd vpon every 50 lb. lott for the satisfying of towne debts & that every pt of this is formally reckoned.
PAGE 66. May 1649 it is ordered that whosoener they be that are gone out of this towne of Southampton to liue, and make clayme to their lands astheir right shall be liable to pay e charges for all publick charges equally with the present inhab- itants both for tyme past, present, and t › come, This order was made by the generall court the day and yeare abone written.
Ist May 1649 it is ordered that Mr Richard Odell Mr. Rich- ard Smyth shall presently measure and marke out with stakes that part of the playue that is to be fenced and to give notice to every inhabitant whom it may concerne of their portion & place where their part lyeth according to their lotts and allotments.
PAGE 67. October 10 1649. There were voted by the gen- erall Court at Southampton three men (viz) Mr Richard Smithe, Thomas Sayre & lohn White to agitate towne business and they are to have the same authority that the five men had the last yeare, from the 6th of this instant October dureing the space of a whole yeare.
October the 30th 1649. It is ordered by the geneaall Cort houlden the day above said That all the Indian women have free liberty graunted by the said court to come to this towne to trade with any of the English, more over all the ancient men of the Indians that please to come to either of the magistrates
5S
RECORDS : TOWN OF SOUTHAMPTON.
for a ticket shall haue the same, to the end they may haue like liberty with the said women to trade &c. and that besides those Indians which allready have liberty as afforesaid.
December the 29th day 1649. It is ordered at the generall court holden the daye aboue said, that the bande of soldiers shall haue libertie to elect their officers, to staude if the gen- erall court shall give approbation thereof.
29th December 1649. It is ordered that Thomas Stanton shall have paid vnto him the sum of foure pounds for his paines about Interpreting betweene the townes men of South- ampton and the Indians about setting forth of the bounds of their land & other matters.
PAGE 6S. The act of the generall court houlden November the 16th 1649. Touching the disposition of the land of late laid out for those to whom it is to be disposed as followeth.
Whereas the land lying in the great playne, which is apoyut- ed by this towne for incomers is at length laid out, by those who were designed to that end, and they the said layers out having given vnto the said court in writing a full description of all and every part and parcell thereof with their iust propor- tions, The said lands being laid out into 45 parts and every part containing 6 acres, and three of those said parts compleat- ing one 150 lb lott, and alsoe the whole is to make but 15 such said lotts, all the said parts being dilligently compared, and with most judgement equallized, and as afforesaid devided and numbered and marked as followetlı.
Tens
owld ground A No. 13
No. 1, No. 2,
Eights A no. 1 B. No. 2 which is the angle betweene ) -- ffaringtons and the pond and the rest is adioyuing to the said angle southward
B. No. 15
No. 3,
No. 4,
No. 12 which is the 4 acres & 2 acres lying on both sides John Cooper his 2 acres.
C. No. S
59
RECORDS : TOWN OF SOUTHAMPTON.
D No 2 No 7
D No 12
No 4
" 15
No
6
" 14
"
7
13 ₪
angle below Mr Johnes if it hold 2 acres
S
"
5
No 10
10
"
3
2
"
11
4
1
"
12
10
3
.
13
q
"
7
"
14
S
"
6
"
'11
"
5
[The rest of this is lost. ]
"
4
" 13
PAGE 69. Sth march 1649 it is ordered at a generall court that the miller shall take but two quarts by strike vpon the uper part of the dishe for toll for one bushell of corne wheth- er it be wheat rie or any other grayne, and noe more.
The day abone at a general court it is ordered that no vp- land shall be burned before the last of march, and that neyther boys nor any others shall set fire any where opposite to barns, and if any do set fire [they] shall pay [ word gone] for a man, and the boys shall be whipped.
It is further ordered the said day that no cattell shall come vppon the great playne after the last of march vppon penalty of 2d a beaste and a halfe penny a goat.
The land that was Mr. Pearsons in the great playne was sould by Thomas Hyldreth to Mr Mitchell and Mr Mitchell hath sould it to John Cooper sen, and Thomas Vayle, John Cooper is to haue 2 acres of the south side, & 5 acres of the 10 acres on the west side, & 4 acres of 8 on the north side Isaac Will- man 1 acre on the north side of the 4 acre lott, 2 acres of the 10 acres on the East side, 2 acres of the 10 acres hetwixt Iohn Cooper's part and Isaac Willmans, 2 acres of the S acres be- twixt John Cooper and Isaac Willman.
9
"
6
which is the 4 acres next to -
Mr Gosmers and the little
15
"
"
60
RECORDS : TOWN OF SOUTHAMPTON.
PAGE 70. 4th of March 1649, it is ordered by the general Cort that Tristram Hedges shall inioy the 4 acres that is lett him for this present yeare, vpon condition that he do within the tyme make the fences sufficiently that is to be sett vp on ffaringtons part of the playne
The * of May 1649 it is ordered by the townes men that the part of the great playne yt is vnfenced shall be finished by the whole of the inhabitants according to their alotments by the last day of this present May, and they that be deficient are to pay 18d for every pole.
The 14th May 1649 it is ordered by the generall court that the fence that is to be set up about the playne is to be begun at the fence that is already vp, and soe goe on till it be finish- ed and to be set vp by the 7th day of Iune next after the date hereof, they that shall be defective forfeit ISd for every pole, to be leavied by way of execution.
The sayd day it is ordered that the inhabitants of this towne being by the clarke of the band devided into two parts, shall according to the said clarkes appoyntment bringe their armes to the meeting house every Lord's daye, that is to say the one halfe the one sabath, & the other half the other next after & yt every man shall be provided with 4 charges of powder & shott or bullets, hee that fayleth after due warning to pay to the clarke sixe pence for every default according to the former or- der 3d of July 164S.
PAGE 71. It was ordered by the generall Court held vpon the 19th of September An. Dom. 1650, That John Cooper shall pay the some of 40s in case that at any time he doe gine of- fence in extravagant speeches, as he hath done, as was witnes- sed by John Howell and some others, but vpon his good be- haviour & carriage the said fine to be remitted.
An action of trespass entered vpon the 11th day of Aprill 1650, by Josiah Stanborough plaintif against Samuel Dayton defendant is to be tryed by a perticular court to be held vpou the 14th day of Aprill next.
61
RECORDS : TOWN OF SOUTHAMPTON.
An action of trespass vpon the case entered vpon the 14th day of Aprill by Samuel Dayton plaintive against Iosiah Stan- borough defendant is to be tryed by a perticular court to be held vpon the 11th day of Aprill next.
It was granted by the generall court that lonas Wood of this towne shall haue in lew of halfe an acre of his home lott layed out for a highway to the water, ap acre and a halfe of land in the great playne, alsoe halfe an acre of land wanting in measure of his field lot.
The said two acres lies on the east side of the necke called Halseys neck running east and west in length, Isaac Wilmans land lying on the north side father (?) Cooper's in the middle also on the south side & Thomas Burnet on the South side.
PAGE 72. Chosen at the court of Election for Magistrates Mr Topping, Mr Rayner, Richard Barrett, Henry Pierson Reg- ister, John Iessup Constable, chosen for townesmen Christo- pher ffoster Lieutenant Post, John Howell.
D
[The date of the abone is probably Oct. 1650, and is in the handwriting of Richard Mills who went out of office then.
W. S. P.]
PAGE 73 Vpon the 11th day of January 1650,
Whereas John Kelly carpenter of Southampton hath put to arbitration the action and differences betwixt him and Deborah Raynor both the saide parties being bound to stand to the ver- dict in performance according to the judgement of Mr Josiah Stanborough gentlemen & Richard Mills Schoolmaster & sec- retary, & Mr Richard Smith.
We therefore doe judge & giue our full verdict euery [one] of vs agreeing, that the saide lohn Kelly shall forth with pay or cause to be payed the some of I Ib which he formerly received of Deborah Rainer vnto her again alsoe that the saide Iohn Kelly shall forth with pay the some of ten pounds sterling in manner and wise following that is to say the some of five pounds sterling forthwith to be payed vnto Deborah Rainer Senior, al- soe that five pounds sterling more shall be this present instant
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