USA > New York > Suffolk County > Southampton > Records of the town of Southhampton, with other ancient documents of historic value, Vol. I > Part 7
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RECORDS : TOWN OF SOUTHAMPTON'
put into the marshalls hands Mr Richard Smith, there to lye and abide vntil such time as the saide John Kelly shall make evidently appear by good & sufficient witnes vpon oath that the said John Kelly was lawfully disunited and divorced from his wife which he had at Mounserat in the Indies or elsewhere, & this to be done within the space of eighteene months after the date hereof, & being as before fully proved that he saide John Kelly was lawfully divorced from his wife then the said five pounds shall by the marshall be repayed to him, but yf in the said space of time he doe not produce witness as above specified then the said five pounds in the marshalls hands (now in being) is to be payd vnto the saide Deborah Rainer for her proper right and due.
In witness whereof the said arbitrators have sett to their hands the day and year above written,
RICHARD MILLS, Secretary, IO. STANBOROUGH, RICHARD SMITH.
PAGE 74. The growndes and report of the verdiet of the ar- bitrators vpon John Kelly for Deborah Rainer senior followeth.
Whereas John Kelly Carpenter, did announce & profess his wife at Mounserat was dead & buried himse Ife being as he said then present at the sight thereof, and did there fore proceed & gained a promise of marriage from Deborah Rainer, Senior, he after confessing that he left his wife aliue & in good health, but seeking to evade the same with saying that she was only dead in trespasses & sinnes, & hereby had wronged the said Deborah as alsoe in his after disparageing disgracing & abusing the saide maide with serving of warrants & causing her appear- ance before the magistrates and disparageing her name with other abuses, the said arbitrators for the trouble defame iniury, he seeking to compell her to marry him, he by his owne con- fession leauing his saide wife alive, therefore gave in the verdict endorsed. Moreover the saide arbitrators did at the same time adiudge that John Kelly should forthwith pay the seere-
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RECORDS : TOWN ( F SOUTHAMPTON.
tary for his recording this writing about the same, the sum of [word gone.]
IO. STANBOROUGH RICHARD SMITH.
PAGE 75. Vpon the 28d day of October 1650 at the general court it was ordered that Thomas Sayre shall duly traine with the company of towne soldiers at theire dayes appointed except- ing his personall pursuing of the Indians in a hostile way, or to goe forth against the cominon enemy.
Vpon the day above written Mr Richard Odell in consider- ation of his former paynes of training the souldiers is left to his liberty whether he will traine or not or whether he will beare armes to the meeting or not.
The Sth of Nouember 1650 An action of debt entered by Joshua Barnes plaintive, against Thomas Osburne of East Hampton defendant to be tryed the next quarter court in De- cember 1650.
9th November 1650 An attachment graunted unto Ioshua Barnes of this plantation vpon a beast of Thomas Osburnes se- nior of Easthampton vpon an action of debt & damage to be commenced at the next quarter court to be held in this towre the first tuesday in December next.
10 Nouember 1650 I Joshua Barnes planter of Southamp- tou doe bind myself, my heires executors and assignes to pay or cause to be payed vnto Mr. Edward Howell gentleman of the saide plantation the some of twelve pounds sterling to be levied vpon his goods chattels & housidge* & lands in aud vp- pon the 12th day of December next.
The condition of this obligation is such that if the above bound Joshua Barnes shall and doe commence a suite, against, PAGE 76.] Thomas Osburne of East Hampton vpon the next quarter court to be held in this towne being to be vpon the first tuesday in december next or vpon composition release and dis- charge the Atachment graunted vuto him vpon the 9th day of
* Housidg-houses. The word housen as a plural of house, is even now heard occasionally.
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RECORDS : TOWN OF SOUTHAMPTON.
this present month, of November leauing harmless the said Edward Howell Gentleman for his grant of the saide Attach- ment then this obligation to be void and of none effect, or else to stand in full power & force. Witness my hand this 10th of November 1650.
IOSHUA BARNES.
Witness
RICHARD MILLS [Note] The attachment released
RICHARD SMITH the bond cancelled on the 12th of Nouember 1650.
A town meeting warned vpon the 10th of Nouember 1650, the persons absent vpon the second call of constable, Mr Thurs- ton Raynor, Joseph Raynor, John White, Goodman Barrett, Thomas Burnet, Thomas Hildreth, John Howell,
At a Generall Court held vpon the 25th Nouember 1650 were absent at the second call, Richard Smith Iohn Howell Tehn Cooper Richard Barrett.
An action of trespass in the case entered ye 27th of Nouem. 1650 for Isaac Willmans plaintive against Thomas Cooper & John White defendants, to be traversed the next quarter Court being ye first tuesday in December next.
PAGE 77. No. 41 is for the towne & is on the Island an 100 pound lott, by the seders on the beach [The above seems to be a fragment of some division of land the rest of which is lost. W. S. P.]
At the Generall Court holden the 23d of July 1650 it is or- dered that Robert Marvins and Mary his wife daughter of Wil- liam Browne gent, deceased, shall have full power and authori- ty to administer on all the goods cattle and chattels of ye said Mr Browne deceased and to have a let of Administrations granted vnto them beareing date with this order.
An action of the case entered the 20th of Octob. 1650 by William Rogers of this town plaintive, against Thomas Halsey of the same defendant to be tryed at the Court next holden the 23d of October 1650 for the damage of twenty pounds sterling.
€
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RECORDS : TOWN OF SOUTHAMPTON.
The 21st of Octob 1650 An atachment granted to Ionas Wood of this town, vpou the corne of John Stratton of East Hampton now in the barne of Ellis Cooke of Southampton vp- on an action of debt vpon the case in which he is bound to prosecute the said action, Richard Barret bound that the suit shall be answered.
Wm Rogers plaintive & Thomas Halsey defendant, he de- sires to have the action tryed by the General Court held this present 23d of October 1650 which is granted.
The Generall Court held vpon ye 23d of Octob, 1650 is re- moved to the 25th of Octob, 1650 to be kept at Goodman Barrets house,* beginning at an houre before sun set, at which time Wni Rogers his action is to be agitated.
PAGE 78. It was voated by the maior part of the General Court held the 25th of October 1650 that Wm Rogers against Thomas Halsey for the towne defendant [2 words gone] five pounds, for the damage of his not having his land in season [ Rest of this page illegible.]
PAGE 79. [The first part of this page is illegible, excepting a few words denoting that the General Court should appoint Administrators of estates.]
At the same General Court is ordered that Mr Gosmer shall hane the administration of the goods belonging to Richard Gosmer deceased.
At the same Court it is ordered that Mr [word gone] shall have the administration of the goods and chattells of Richard Lamso :: deceased. The day above said March 5 1640 Thomas Burnet of this towne labourer doth acknowledge himselfe to owe to the body of this towne the sum of ten pounds to be lev- ied on his goods chattels lands tenements under the condition that he the said Thomas Burnet due appeare at the next quar- ter Court to answer why he [rest gone.]
PAGE SO. Iune 27 1646 at the Court it is ordered that if any hath corne or hay they shall set a sufficient fence about the
* Richard Barrett's stood upon the lot now owned by the heirs of John Allen, on the East side of main street, and on the North side of toilsome lane. W. S. P.
.
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RECORDS : TOWN OF SOUTHAMPTON.
same or else stand to the hazzard of any spoil thereof by cat- tle, Thomas Burnet is to set a sufficient fence about his hay within three days after this date.
At the said Court it is ordered that if any tryal of any cause bee, wherein the damage doth not exceed 20Lb that 6 men shall bee a sufficient jury to try all such actions that the mar- shall shall return of the best able, and most impartial for all such tryalls, the jury men shall make this appear for euery ac- tion they shall soe try,
At the same Court it is ordered that if our neighbor planta- tion shall be willing to fence one part, to part the bounds be- tween ns, that then the town speedily set upon the fencing of the other part, each man according to his proportions.
At the same court it is ordered that Henry Pierson shall have full power as clarke of the band to see that all the soulders bring their armes to the meeting every sabath day and to gather sixe pence vpon every default and alsoe to examine when hee see good how every soldier is provided with powder and shot.
PAGE S1. Vpon the 7th of October 1650 being the day of election, Ionas Wood & Richard Mills were made freemen of Southampton.
Vpon the 7th day of October 1650 being the day of Election Mr Edward Howell was chosen magistrate of Southampton primus, alsoe Mr Thomas Topping secundus, Mr Iohn Ogden tertius
Vpon the 7th day of October 1650 being the day of Elec- tion Richard Mills school master was chosen Secretary Regis- ter and Towne Clarke of Southampton.
Vpon the 7th day of October 1650 Richard Smith was by the general court chosen Constable for this yeare.
It was ordered at the saide Court of Election the 7th of Oc- tober 1650 that fiue men (shall for the present yeare) being chosen by the said court, to act and order all towne affaires, whatsoeuer, excepting matters of admitting of Inhabitants or giving of land, by the said court was chosen Mr Thomas Top- ping, Mr Thurston Raynor Ionas Wood Thomas Halsey, Mr iosiah Stanborough,
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RECORDS : TOWN OF SOUTHAMPTON.
It was ordered yt the said court of Election that euery sol- dier in the towne of Southampton shall [word gone] in the morning before eight of the clock bring in [2 words gone] fairly written vpon paper * who shall vpon occasion call them forth in their armes, and to whom the soldiers and all that beare PAGE 82] armes shall repaire for their conduct & government, and the said party soe chosen to traine & teach to handle their armes & to call them forth to exercise, or in case to be guided in defencive warr, the said voates are to be brought in to Mr Edward Howell at the time appointed : by soldiers we vnder- stand all the male inhabitants from 16 yeares of age to 60, vp- on any one failing of the performance hereof he shall forfeit five shillings for his default to the court.
It is ordered the Sth of October 1650 that the quarter court next shall be holden by the said towne the 23d day of the same month and that at the said quarter court Thomas Veale and Sarah his wife shall appeare and answer for their misdemean- or in what shall then be laid to their charge.
The * of October 1650 at the general court Thomas Topping being vpon the Sthday of October apoynted by the souldiers to be captaine and leader of the bande of soldiers of the towne, was by the said court confirmed in the same manner as by the souldiers at the general muster. Richard Post was chosen Ser- geant of the band, Thomas Halsey Clerke of the band, John Howell and Robert Mervin Corporals, and were confirmed in the said offices by the general court then holden.
PAGE S3. An inventory of all the goods [words gone] of Mr William Browne late of Southampton Long Island, Gentleman deceased, taken the 24th day of Iuly by Thomas Topping Gen- tleman and Josiah Stanborough planter being appointed and deputed by the general Court holden the 23d of July at South- ampton afore said 1650.
& s. d.
Imprimis 3 kine and 2 steeres and 2 calues, 32, 5, 6
Item Sheepe
Item swine 2 barrows, 2 sows, & 2 piggs 09, 0, 0
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RECORDS : TOWN OF SOUTHAMPTON.
A quarter share of a small ship in the return of a ) quarter part of 19 hogsheads of Sugar from England, come to our hands in goods at their cost in England to the value of 14, 11, 6
3 remnants of narrow cloth 22 yards at 7 shillings -
per yard 07, 14, 0
19 yards of house linnen 01, 05, 0
more 2 small remnants of linnen 0, 16, 6
3 yards and ¿ of tradeing cloth at Ss per yard 1, 07, 0
bedding blankets coverlids and pillows, a greene rugg, and curtaines and 5 striped stuffed car- 23, 12, 0 pitts, and a yard a quarter of linsey woolsey
Item in pewter 134 bb at. 08, 0, 0 C5, 0, 0
Item in brass vessels
Itemin steeles table cloth and napkins, pillow cases and touells and I paire of boote hose tops, 13, 0, 0
Item in bookes 05, 0, 0
Item 1 warming pan 3 candle sticks and 2 skim- mers, 1 frying dish, 2 skillets, 1 pestle and ] S, 0, 0
great [word gone] aud other implements
Item more 1 couerlid, and 2 old blankets 1, 0, 0
Item in nayles 400, buttons clasps and other trade 0, 13, 0
Item in galls, alum, sheeps wool an old pillion, cloth, sackes bagges and measures, 0, 15, 0
Item 5 dozen and five sickles, and 4 small bars of iron
Item iron bolts, [1 line gone]
PAGE 84 [2 lines at top of page gone.]
1 firkin of soap and a churne 1 bushell of salt, and grind stone. 0, IS, 0
Item 2 sackes, 4 spitts, 1 dripping pan 1 baker 3 paire of pot hangers, and 1 morter and pestile S 1, 05, 0
Item 1 still, 2 pair of plow irons, chaines hookes and other implements, 2, 00, 0
Item 3 mattocks, 2 beetle rings, 4 wedges 1 saw and two scale beams, and other small things, 1, 13, 0
Item 1 matchlock musket, a barrell for a gun 01, 0, 0
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RECORDS : TOWN OF SOUTHAMPTON.
Item 2 glass bottles, and 2 earthen pots, and 2 old
short scythes, and a small parcel of sugar, and 2, 16, 0 12 tubbs
Item 3 old pails, & 3 wooden bowls, 1 basket, 2 and 3 bushel of pease, a little bacon, pork, but- ter cheese, and spice.
halfe a bushel of wheate, and § bushel of malt, 3, 0, 0
1 balance with lead, and leaden weights, 0, 12, 0
Item in gold, and silver in his purse, 0, 15, 0
Item in debts whereof some desperate, 9, 13, 0
Item his apparell 1, 0, 0
Item 200 of iron 2, 0. 0
a remnantof cloth, 4 barrels, a sword, an old broad axe 2, 0, 0
Total* 160, 0, 0 THOMAS TOPPING, JOSIAH STANBOROUGH.
Transcribed per me RICHARD MILLS Secretary.
PAGE S5. At ye genil court held the 19ts of Iune 1650, Yt is ordered that levtennant Budd shall pay for ye mill and land after the rate of a 50 lb lott, vntil svch tyme as the court shall otherwise order it, provided that hee the said Mr Budd shall forthwith order his mill soe in saving the water, and otherthings thereto belonging. as the coverants between him and ye towne are performed, that is to grind sufficient meal for ye town use, the which if the said Mr Budd shall not forthwith effect at least in the space of 14 days then it is ordered yt the town shall speedily sett vp another mill
WILLIAM BROWNE, Secretary.
10 September 1650 John Howell, Richard Howell, Mr Rainer, Thomas Vayle, Joseph Rainer, Thomas Burnet, Thom- as Cooper, Henry Pierson, Ellis Cook, Iolin Halby, and are to have for their paines 3s per day at the seapoose +
* In the above inventory of the estate ot Wm. Browne the values attached to some of the items are Illegible and not given, which will account for the discrepancy between the amount as found above, and the sum of the numbers actually given. W. S. P.
+ "Seapoose" is an Indian word and signifies "little river" as found in these records it almost always refers to the inlet connecting Meacox bay with the ocean. W. S. P.
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RECORDS : TOWN OF SOUTHAMPTON.
[The above seems to be a fragment of some more extended notice. W. S. P.]
PAGE S6. [1 line illegible] and in consideration of their paines the Court doth promise 2s 6d better Richard Smith plaintiff against Thomas Doxy in an action of [word gone] The jury find for the plaintiff and doe assess fifteen pounds six shillings and two pence damage & cost 2s.
Agreed with Goodman Halsey, Goodman Sayre and Good- inan Post to keep the dry herd at Sagaponack for 4 weekes, and to have for their paines 14s a pecce.
PAGE S7. A generall Court warned to be vpon 30th day of January 1650, at the second call were absent Mr Edward How- ell Mr Edward Iohnes, Ionas Wood. It is ordered at the said General Court that every acre of land laid out to any whome lott, shall pay for every acor proportionable to two acers on the plaines, & yf any man shall fit d himself to be agrieved at that rateing aftr the said maner he shall then be freed from the saide rate, vpon this condition that he doe resigne vp vnto the towne his land belonging to his whome lot, or soe much as he shall please, moreover any person or persons soe doeing shall in writeing a bill of resignment, with his or their hands to the same, deliver it [to] the secretary who shall forthwith record the same in the towne booke, and the secretary at the next generall court shall publish the same.
[Note added.] The aboue written order was repealed the 5 of March 165: by the generall court Richard Mills Secretary.
Southampton 30 Ian. 1650 It is ordered at the saide gener- all court that Mr Iohn Ogden Senior of Northampton* shall have free liberty without interruption from the Inhabitants of Southampton to kill whales vpon the South sea at or within any part of the bounds of the saide to vne for the space of seaven yeares next ensueing the date hereof & that in that space noe liberty shall be granted to any by the said inhabitants to any other person or persons to kill or strike any within the bounds
* North Sea is sometimes called Northampton in the early records. The Ocean is here termed the south sea in distinction from Peconic hay. The above is probably the first whaling company organized on Long Island.
W. S. P.
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RECORDS : TOWN OF SOUTHAMPTON.
of the saide tewne, this liberty & privilege is given to the said Mr Iohn Ogden provided that he or his company doe proceed in the same design and do not delay but do some what effectual in the business within a yeare after this present day, as alsoe the saide Mr Iohin Ogden nor his company shall not deny the townes inhabitants claiming priviledge formerly belonging to them in the dead whales yt shall be accidentally cast vpon the shoares, but yf the said Iohn Ogden or his company doe not kill in the design a whale or whales within the space of two yeares after the date hereof then his liberty is annulled and to returne againe to the towne.
Witness RICHARD MILLS Secretary.
[Note added] August 2! 1654 the above said liberty of striking whales is given to Mr Odell and Mr Ogden and their company vpon the same termes with the exceptions following, Ist yf any whale come within Shinecock bay gut they the said company are not to medle with them, nor any other whale or whales wherein there is noe sign of their killing them at sea, but they shall belong unto the town as formerly, By the said signes of said company their killing any whale is to be under- stood to be by harping irons vpon them or [ two words gone.]
PAGE SS. It was ordered at the saide general court that yf the miller shall grind any corne in the mill after an houre past sunne set then for the same he shall vpou enery such defeet pay ten shillings to be levied on his goods & chattels, lands and tenements acording to the way of execution, & the same to be improved to the use of the town, [note] repealed the * * 1650,
It was ordered by the voate of the said general court that Ionas Wood shall pay six shillings to the use of the towne which shall be in full satisfaction for ye rate of 24s which he was rated in the last rate made in the yeare in which Iohn Howell was constable.
Vpon the 4th of March 1651, at a court then heid John Kel- ly was fined to pay 5s for lying.
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RECORDS : TOWN OF SOUTHAMPTON.
Vpon the 4th day of March 1650 at a generall court then ho !- den it was graunted that Christopher Foster should pay his 2s which he was fined vnto Thomas Pope allsoe that the fine of 5s of John Kelly shall be payd unto the said Thomas Pope, all- soe that Thomas Burnet shall pay his 12s due for rent for good- man Mulfords house and barne unto the said Thomas Pope, which was a free gift unto him by the generall court, and che same to be paid by every person in days works about the said Thomas Popes house
It was ordered at the same general court that Henry Pierson and Richard Barret shall lay out the land due to Ioseph Rain- er, in quality and quantity so ncere as well they can.
It is ordered that Mr Edward Howell shall have four aeres of land, and two acres to Mr Iohn Howell both in great plaine for their consideration for that they have payd rates for the same, and took up a fifty pound lott more than they received, (note) which land they have in possession,
It is ordered upon the 5th day of March 1651 at a generall court that the order made vpon the 27th of the first month 1647 concerning the whome lotts is repealed
PAGE 89. It is ordered at the saide court that the 5 men chosen for towne affaires shall forthwith make and gather in a leavy for to pay the charges about the meeting house, & sea- poose and other charges.
It is ordered at the saide court that the little plaine shall be fenced in with a sufficient fence by the 10th day of April next ensueing, with four and five railes, and that Mr Rich ird Odell & Thomas Halsey shall proportion & lay out the same to every man and this to be done by the day above specified vpon the penalty of forfeiting two shillings and sixpence for every poale that is not done, and the water fence to be made by the whole town in generall acording to each his proportion, to be done by carpenters and meete men for that purpose, for reasonable wages at three dayes warning. vpon the penalty of fiveshillings a man for every day that he doth refuse the same and this water work to beginne to be done vpon the i0th of May next.
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RECORDS : TOWN OF SOUTHAMPTON.
It is ordered by the saide general court that every home lott of every quarter shall fence in the front and reere of the whome lotts, that the general fence vpon the highway by the said quarter shall be suade vp by all the said lotts in that quarter this to be done by the 20th day of April next vpon the penalty of forfeiting 3s per poale for every poale that is not sufficiently performed by the said time, Henry Pierson and William Rogers are to doe their side fence for their particular fence .*
It is ordered by the saide general court that Richard Mills recorder of the lands of this town shall have two pence for every paper drawne for any lott or lotts in this towne, and to rate for the recording of the same, and soe alsoe for the lotts in the little plaine.
Ye 4th day of April 1661 Edward Howell junior drew for bis vpland lott (one hundred pounds) marked 10 (word gone) anmber 5, number 7, and the said Edward is to take his lott on the north side yf they run east and west, Joshua Barnes is to succeed next him southward, with a 50 lb lott which is marked as Edward Howell as aforesaid.
PAGE 90. It is ordered by the generall court held vpon the 5th day of March 1651, that the land in the whome lotts as for all other land that is now taken up, & shall be taken up in this plantation shall pay equall in all rates for ever acre for acre, that is or shall be possessed and this order to stand in force from time to time and at all times for perpetuity except- ing the mill lot and the lotts at the Northsea.
It is ordered by the said general court that the plaine called the little plaine shall be layd out in suitable proportions to every planter in Southampton.
The order made vpon ye 27 day of the first 1647 about the quantity of land in the whome lots was nullified & repealed by the generall court held vpon the 5th day of March 1651.
It is ordered by the foresaid generall court that William
* Henry Pierson's home lot was the one now owned by Mrs. Esther Herrick, the heirs of Lewis Hildreth and the Presbyterian church. William Roger's homestead is in the possession of his descendents to the present day. W. S. P.
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RECORDS : TOWN OF SOUTHAMPTON.
Rogers of this town shall have paide unto him five pounds out of the next generall rate that is levied vpon this towne acord- ing to the ve dict of the general court held upon the 25th of October 1650.
A general court held vpou the 20th day of March 1651 ab- sent at the second call, Mr. Thomas Topping Mr. Joanes, re- mitted by the Court, Mr Iosias Stanborough absent at the second call in the afternoon.
It was ordered by the saide General Court that Richard Post & Ellis Cook shall be freed from their bargin of building a meethowse for the towne, which (?) agreement they made with the five men upon this condition that the said Ellis Cook and Richard Post shall sett vp a (word gone) for a meeting house for towne, the said Richard Post and Ellis Cook is to hane at two days notice given by either of the two said carpenters either carpenters or laborers to help about the same, & they to have two shillings apiece pr day each man that is to say Richard Post and Ellis Cooke, and the other carpenters, the length of the house is to be 30 foot, the breadth 24 foote, the posts to be set in the ground and to be S foot and a halfe long in the (word gone) from ye ground to the plate, the laborers are to haue 3s pr day, the pay to be in merchantable wam- pum strung or unstrung.
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