USA > New York > Suffolk County > Southampton > Records of the town of Southhampton, with other ancient documents of historic value, Vol. I > Part 8
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
PAGE 91. John Loome being granted by the town an hun- dred pound lot, the same lyes in manner following Number 3, number 12, No. S.
At a general Court held 13 day of August 1651, yfany per- son be found or it can be proved that by them any fruit be stolen or taken away uninstly off from any mans land or ground, yf the person or person be under the age of sixteene- yeares of age the parents of the said child or children shall severely correct them by whipping of them and that to be done before some sufficient spectator, yf the parent or parents of the said children, doe refuse soe to doe, then the said per- son or persons are to be convicted before the magistrates, and the parents for their neglect of the children to undergoe such
75
RECORDS: TOWN OF SOUTHAMPTON.
penalty as the magistrate shall lay upon them, as alsoe the offending persons shall pay for the fruite stolen, and by them double of the value of the fruits stolen shall be payd to the owners of the saide fruites, and one sefficient witness shall serve for conviction, alsve any pesron or persons that is aboue the age of sixteene years shall for any fruit stolen by them pay unto the owners of the said goods foure fold as for other stolen goods.
At the said generall court, it is ordered that Mr. Howell shall have twenty-five shillings for the yeare ensueing for his sounding the drum on the sabath day, twice before the meet- ings on the sabath day, that is to say half an hour or therea- bouts before both morning and evening exereise, as alsoe pres- ently before the beginning of the meeting, and that at every time of his first drumming he goe from Thomas Sayre's corner fence anto Mr Fordham's door, at the second drumming he is only to drum at the meeting house or the door thereof.
PAGE 92. At a towne meeting held in and vpou the 22 day of September 1651, absent at the second call Ionas Wood, Thomas Burnet Ellis Cooke John Iessup, remitted by ye town at ye same.
At the day of Election in October 1651 absent at the second call in the afternoone Ioshua Barnes Thomas Pope remitted by the said court.
Vpon the 6th day of Octob 1651 being the day of election were chosen by the freemen at the general Court for magis- trates Imprimis Mr Edward Howell, s cundus Capt. Thomas Topping, tertius Mr Iohin Ogden.
At the same court Richard Mills was chosen secretary reg- ister and towne clerk.
At the same court was chosen for constable Ionas Wood called Halifax* who refused to serve in the offis [and] submit- ted to the fine of five pounds, [note] fine remmitted.
At the same court was chosen for constable and marshall
* There were two persons named Jonas Wood in the town at that time, one from Halifax, the other came from a place called Oram, they are distinguished in the records by the letters H . and (). affixed to their names they were probably not related, as one was upon a jury to try the other, see page 132 of original.
D
76
RECORDS : TOWN OF SOUTHAMPTON.
Richard Post who was sworne to his office the 9th of Octob 1651.
At the saide generall court were chosen five men for gou- erninge of town affairs, William Rogers Henry Pierson Ellis Cooke Thomas Sayre Richard Barrett who had by the saide Courte the same power giuen vnto them, as those which bore the said office the yeare 1650,
PAGE 93. ffeb. 2 1651, An action of trespass vpon the case of Mr Richard Smith of this plantation plaintiff, against Thom- as Sayre of the same defendant to be tryed next court, [note] this said action is put to reference by consent of the defendant.
March 3 1651.
An action of Trespass uppon the case of Mr Richard Mills of this towne plaintiff, against Thomas Thorpe defendant, The said action is to bee tryed by the magistrates, and Mr Mills plff produceth his booke proving the said Thorpe to bee indebted to him a certain some of money, But the said Thorpe refused Mr Mills deposeth hee made noe assignment to Mr Talman, Mr Mills deposeth hee made noe assignment, whereupon the Magistrates conclude Thorpe is to pay the saide Mr Mills.
March 3 1651 It is ordered by the general court that where - as there was a former order made that Mr Odell, Thomas Hal sey and Henry Pierson shall lay out the lotts of late granted soe farre as the land would extend and they being hindered hitherto in regard that in the furlong lying in the great playne commonly called the acre furlong there are several persons that hane land therein, & each person seems to desire it to lye in their own land, It is therefore ordered by this present gener- al court that the said layers out shall speedily goe about the worke and lay out the said land according to the said farme or- der made Octob, 27 1651, And if any difference shall bee be- tweene any neighboures in respect of the laying of the said land in the said furlong the said difference shall be ended by the said layers out who are thereby injoyned to doe their vtmost to lay every person in his own ground, and this to be done by the sayd layers out within ten days next, vpon the penalty of 20s each of them to pay to the town, and for every day after the
77
RECORDS : TOWN OF SOUTHAMPTON.
expiration of the said 10 days, if the said worke bee not done they shall pay 10s, morequer every person that bath land in the said furlong, (vpon due warning given by any of the said layers out) shall meet according to appointment and goe and shew them their ground that the said layers out may proceed as aforesaid.
It is ordered that noe Hogys or piggs shall be suffered to bee let within the libertiae of the Indians, mentioned in the cove- nant betweene the towne and them, nor in the plains, whereby damage may accrue to the meadows or corne and if any hoggs be taken therein within 4 days hereafter that then those that are owners of such hoggs shall pay 6d per hogg, for every such hogg soe taken, which some is to bee paid vnto those that bring them home, & if the owners of such hoggs shall refuse to pay, PAGE 94.] then by virtue of a warrant from one of the magis- trate the said some shall bee recovered as by way of execution.
March 3 1651. It is ordered that when the Miller calleth at 3 dayes warneing, the towne shall gratishly* afford him 20 men to goe to lett in the water of the seaven ponds into the mill pond, whoe are to bee paid 10s by the towne,
It is ordered that noe Inhabitant of this towne and planta- tion whatsoever shall within the limits of this towne trust any Indian or Indians from the 4th day next ensueing, vppon the penalty of paying vuto the towne so much as the value is which is soe trusted, the sime to be levyed uppon his goods who so trusteth, and soe much as the said value is to bee paid vuto any person that makes proof of any such goods soe trusted and the same to bee leved as aforesaid.
It is ordered that noe inhabitant shall sell any bread to the Indians finer than as it comes from the mill,t and noe more th .n after the rate of 3 Ib } of dough for 6d, or 34 Ib baked, for 6d, and likewise noe inhabitant shall sell to the Indians, Indian corne vnder Gs Sd per bushel, aud 1 yard 2 of cloth and noe
* Gratuitously.
t In this way our worthy ancettors could accomplish the double purpose of selling bran at the price of flour, and conferring upon the benighted savages the benefits df Graham hread, (long before Graham .;
78
RECORDS : TOWN OF SOUTHAMPTON.
more for 20s, and whosoeuer shall goe contrary unto this order in any of the said particulars shall forfeit as in the former or- der concerning trusting.
It is ordered that every inhabitant that hath sett vp fence against any part of the plaine shall look to & make sufficient his said fence by the tenth day next ensueing vpon the penalty of 12d per pole for every poale, that at the end of the said days shall be found insufficient.
It is ordered that noe cattell shall be suffered to bee left vp- on the plaines to ffeede beyond the 20th day of this instant march.
It is ordered that Mr. Mills shall have liberty to sell his lott which was graunted him by the towne, provided hee sell it vn- to suce a one as the towne shall like and accept as a neighbor.
It is ordered that Hugh Griffin shall have for his home lott his portion lying southward from or by Thomas Cooper his home lott.
It is ordered that for this present year men have liberty to burn their meadows, at any time henceforward not with stand- ing any former order to the contrary.
PAGE 95. At the town meeting before specified were absent and gone away before the meeting was finished Thomas Sayre Richard Barrett Thomas Gouldsmith, not at the meeting at all, William Rogers Thomas Burnet, those that come somewhat too short in the morning but were present at the agitating of the affaires of the towne, all the fines were remitted by the inhab- itants, William Rogers his fine remitted by the generall court held vpon the 23d day of Iune 1651.
At the same time it was ordered that two men shall euery sabbath dav keepe the herd, and that yf any doe loose them on the Sabbath day they shall the next day looke cut them.
At a generall court warned and held in an vpon the 23d day Iune 1651 absent at the second call Richard Smith, alsoe Thomas Sayre departed before the meeting ended.
It is ordered by the general court aboue specified that noe common ground shall be mowed vpon the plains untill the land
79
RECORDS : TOWN OF SOUTHAMPTON.
graunted be equally divided according to graunt nor vntil the ouerplvs be divided.
It is ordered by the general court that noe person within the bounds and limitts of Southampton shall retail any wines or liquors but Richard Mills, the which is properly conferred vpon him during his time of keeping the ordinary for this town, from this order is excepted the North sea, but in case the saide Rich- ard Mills doe not supply the towne with wine or liquor, during his neglect of not having any to retail it is lawfull for any to retayle to the town, but yf any person or persons shall retayle any wine or liquors when the saide Richard Mills hath to sup- ply the towne, shall forfeit and pay unto the saide Richard Mills ten shillings per quart for euery quart of wine or liquor retayled, and soe proportionate for all retayled,
It is ordered by the general court above dated that Mr Iohn Gosmer have power and authority to hier men or teams for the accomplishing of the water fence of the little plaine, and have the oversight of the performing of the same work vntill all the fence be finished.
PAGE 96. At a general court warned and held in & vpon the 15th of July 1651 absent at call Thomas Sayre.
At a towne meeting held vpon the 3d of August 1651 by the inhabitants of this towne it was granted that Bartholomew Smith, shall haue and enjoy the whome lot lying about the house or seller which he bought of John Kelly.
At the towne meeting the day and yeare aboue written the inhabitants did all consent and agree yt they will within the space of two months after the date hereof pay the some of tenn pounds to Richard Odell in good strung merchantable wampum for gratuity of his resigning vp his title of land at quaganantuck, he the said Mr Richard Odell is allsoe ouer and above the saide tenn pounds, to have this agreement and pay from the men of the town that before the resignment had agreed with him vpon these tearmes, to cut grass there this yeare ; Richard Odell him- selfe is to his share of meadow according to proportion with others but is not to pey any part of the said tenn pounds above specified.
S0
RECORDS : TOWN OF SOUTHAMPTON.
Christopher ffoster had granted vnto him an hundred and fiftie pound lott, being appointed for him in manner following Number 15 Number S Number 14, Thomas Pope hath a 50 lb share out of the same, alsoe the other 50 lb lott for Christopher ffoster lies with John Loomes hundred pound lott being num- ber 3 and Number 12, and number 3 hath on both sides Iohn Cooper 4 acres and 2 acres.
PAGE 97. An action of trespass vpon the case entered by John Budd against Iohn Hubbard vpon the 1st day of Inne 1651, an atachment taken for his appearance at the quarter court to be held on ye 4th day of Iune 1651. John Hubbard three times called to answer the suite, he appeared not nor his attorney at the said quarter court held vpon the 4th day of Iune 1651.
An action of trespass vpon the case entered by Iohn Gosmer against Iohn Hubherd defendant vpon the 1st day of Iune 1651 an attachment taken by distress for his appearance at the next quarter court to be held in and vpon the 4th day of Iune : 651,
John Hubbard at the saide quarter court by the coustable three times called, he himselfe appeared not nor any attorney for him.
An action of trespass vpon the case entered by Thomas Veale plaintif in behalfe of his wife against George Wood de- fendant entered on the 3d day of Iune 1651 to be tryed at the next quarter court to be held in and upon the 4th day of Iune 1651.
At the quarter court held upon the 4th day of Iune 1651. The sentence of the magistrates vpon the cross action of George Wood against the wife of Thomas Veale defendant, and Thom- as Veale against George Wood, are acquitted and the one set against the other as equivalent in bad language each to other.
Sarah Veale the wife Thomas Veale was at the quarter court held vpon the 4th day of Iune 1651 sentenced by the magis- trates for exorbitant words of imprecations to stand with her tongue in a cleft stick soe long as the offence committed by her was read and declared.
RECORDS : TOWN OF SOUTHAMPTON.
PAGE 9S. Edward Howell & Captain Thomas Topping was sworne magistrates by the oath appoynted for them, by Mr John Gosmer the 16th day of June 1651 in the presence of Mr. Josias Stanborough Thirstan Raynor Richard Mills.
At a town meeting held in and vpon the 17th day of Iune 1651 it was granted by the Inhabitants of this towne of Southampton that Ieremy Veale blacksmith of Salem, shall have an hundred pound lott prouided that he do come and settle heere before January next & that to his power he in readiness doe all the blacksmith work that the inhabitants doe stand in need of.
It was granted by the Inhabitants at the saide towne meet- ing that Christopher ffoster shall have an hundred and fifty pound lot.
It was at the same time granted that Iohn Loome, shall haue 100 pound lott
It was at the same time granted that John Cooper Junior shall have a fifty pound lot.
It was at the same time granted that Simon Searing shall have a fifty pound lot.
It is at the same town meeting granted that Bartholemew Smith, John Ouldfield John Iagger & Ionas Bower shall have each particular person of them a fifty pound lot prouided, that these said persons have their lotts* granted upon the condition that each of them shall make use of his trade to the best of his power for the use of the inhabitants and to enter vpon the same within thirty days after the date hereof, * * Jott vpon the same terms and conditions also it is intended at the * * * lotts shall returne [1 line illegible.]
PAGE 99 March 3 1651 It is ordered by the general court that in consideration of Robert Mervin his care and paines about killing of wolves by setting of guns, or watching or otherwise he shall have 30s per woolfe for every one it appears hee kill- eth, prouided that if any beast bee killed in probability by the wolves, and hee the said Robert have notice thereof that he re-
* The house lott of John Jagger is the one now owned by Capt. George White. Jonas Row- er's home lot is the present residence of Mr. William Huntting.
W. S. P.
S?
RECORDS : TOWN OF SOUTHAMPTON.
paire vnto the place where the sd beast is slaine, whether at Meacocks or Sagaponach or elsewhere, within such a compass and use his best endeavour to kill the said destroyer, alsoe if it happen at any time hee the sd Robert bee warned to any Cort or meeting dureing the time hee is vpon the forsaid design, that hee shall bee discharged and acquitted from such said meet- ing, hee is not to sett his gun within half a mile of the towne, & if his gun kill any beast hee shall doe his best to find it, and the whole towne to beare the losse,
March 10, i651, an action of trespass upon the case entered by Mr. Richard Mills of this town plaintiff, against Mr John Ogden senr, defendant
March 10 1651 An action of trespass vpon the case enter- ed by Mr Iohn Ogdden of the North Sea plaintif against Rich- ard Mills of Southampton defendant.
March 11 1651, at the court purchased* the jury sworne to try the action of Mr Mills he being plaintif, were Mr Richard Odell Iohn Howell, Thomas Goldsmith Rob. Mervin, Ioshua Barnes, Isack Willman, alsoe to try the action of Mr Iohn Og- den against Mr Richard Mills defendant, The jury find for Mr Iohn Ogden in both ye actions, assessing vpon Mr Mills 40s damage with increase of court charges.
March 11 1651 An action of trespass vpon the case enter- ed by Mr Iohn Ogden of Northampt. sea against Iohn Coopr of Southampton defendant.
March 11 1651 at the said purchased court the jury sworne to try the actions of Mr Iohn Ogden plaintif against Iohn Coop- er defendant were Thomas Halsey sen. Mr Richard Odell Io- siah Stanborough Mr Iohn Howell, Tho. Pope and Robert Marvine the jury finde for ye plaintif assessing two pence dam- age with the increase of court charges.
John Coopr junior appeals from the verdict to the next Gen. . Court.
* The term "purchased," court which is occasionly found in these records, seems to be ap- plied to courts held to try sonie particular case which for any reason could not be postponed un- til the setting of the regular quarter court, see page 132 (of original) for an instance in which Jo- nas Wood has a purchased couat on account of his being about to remove from the town.
$3
RECORDS : TOWN OF SOUTHAMPTON.
PAGE 100. March 12 1651 At a general court holden toat. tend an appeal of John Cooper junior made from the verdict of the jewry impanilled vpon the complaint of Mr Lohn Ogden plaintif John Cooper defendant the appeal being fully debated and duly considered, at length it was voated and the maior* concluded and determined ye said Mr Iohn Ogden had and hath the true right title and interest in all & every part of the premises in difference, in his evidence mentioned bearing date Nov. the 3d 1651.
March 12 1651 at ye Genll Court it was fully concluded and determined that Capt Thomas Topping shall have and take vp the land in difference between him & Thomas Hildreth in all paynts as the lyers out did dispose the same to the lott the said Capt possetheth, and a full end of that business between them, namely for the claime of land.
April 21 1651
Mr Josiah Stanborough plf against Iohn Cooper senior defen- dant in an action of tresspass vppon ye case, ve jury find for the pltf eleven pounds thirteen shillings uppon a bill, and the court charges, the defendant appeales to the court at Hartford, and doth by these presents ingage himselfe in ye some of thirty pounds sterling to prosecute the suite there, within a month after the date hereof if opertunity serve.
John White and John Cooper doe ingage ourselves in the aforsaid sum of thirty pounds that John Cooper shall at the time appointed prosecute the suite between him & Mr Stan- borough in Hartford.
PAGE 101. May Ist 1651. At a towne meeting Hugh Griffin desireing to lay down his lott formerly granted him, and by the major part of the towne it was accepted hee beeing to have paid unto him about 16s which hee hath expended about it.
The said lott is disposed & granted (vpon Mr Fordham his request vnto Elizabeth Briggs shee being to pay the foresaid some of about 16s,
* Majority.
-
W. S. P.
S4
RECORDS : TOWN OF SOUTHAMPTON.
May 10 1652. It is concluded by the maior part of the towne that the calf herd shall be kept for the ensueing year at Saga- ponack where they were kept the year last past.
May the 10 1652. It was granted by the inhabitants of this towne that Iohn Robinson late of Salem shall haue as his owne propriety the lottment in the towne which was made and taken out of those parcells of land commonly called by the name of flaringtons land the same being formerly intended for a smith and it being of the denomination of an hundred pound lott,
May 2S 1652. An action of tresspass vpon the case enter- ed by Robert Mervin plf against Iohn Hubby defendant, this action is not tryed but ye Cort forbear yet because of ye de- fendants absence,
Iune 1 1652. An action of tresspass entered by Mr Iohn Gosmer plf against Thomas Burnet deft. [Note] the verdict, given on page 135,
An action of tresspass vpon the case entered by Ionas Wood H plf. against Robert Mervin deft. The verdict is given in page 135.
An action of tresspass vpon the case entered by Ionas Wood H against Henry Pierson deft, [Note] withdrawn by consent,
PAGE 102. Southampton Iune 1, 1652. at a quarter court the jury impanelled to try the action of tresspass vpon the case entered by Ionas Wood against Robt Marvin, Mr Raynor Thomas Sayre Iohn Howell John Cooper sen Mr Smith Rich- ard Barrett, the jury finde for the plf. 2£ 5s damage with in- crease of court charges,
Alsoe the said Iury try the action entered by Mr Gosmer plf against Tho. Burnet defendant, The jury finde for the plf 5 10s damage, with increase of Court charges: Tho. Burnet ye plf Appeals to the General Cort and hath liberty granted by the present Cort soe to doe,
Allsoe Robert Mervin defendant hath liberty to appeale vnto the next generall Court.
Iune 14 1652 by the general Cort then held it wasconclud- ed that William Rodgers his fine of 2s for non appearance at a former meeting of cort is remitted,
S5
RECORDS : TOWN OF SOUTHAMPTON.
Att the sd cort Thomas Burnet was called to prosecute his above said appeale.
But in respect it was questioned whether the said Cort had power to take into their cognizance the said appeale, & soe to end the suite or not. It is therefore thought meete that this present Cort be adiourned vntill some convenient tinte whare -. in the said questions may bee absolutely resolued.
Iune 14 1652. It was voated & concluded by the generall Cort that whereas the Trer* at Hartford sent a warrant to this present constable of Southampton to levvy vppon the towne a certaine rate of twenty pounds & odd money, and alsoe It being expressed in the said warrant that pt. of the sd some is to be paid in wheat & part in pease both being scarce in the towne, the constable is taken off by the town from his engagement for collecting the said rate at present and forthwith a letter is [Rest gone.]
PAGE 103. October 6, 1652. It was granted vnto Thomas Pope that hee should have 3 acres of land lying next to Mr Stanborough his home lot, which 3 acres the said Tho. is to possess as his owne right from this time.
It is ordered that whosoever makes it appeare hee killeth a woolf within the bounds of this Towne shall have paid vnto him by the towne the some of twenty shilling, and hee that lykewise shall kill a woolf at quaquanantuck shall have 10s in like manner.
October 15 1652. At a towne meeting Ionas Wood H. be- ing chosen last 6th of october to bee constable & marshall and now called to take his oath did refuse soe to doe.
At the said meeting it was concluded that all working oxen & milch cows & calves shall have liberty to goe vpon the plaines,
At a towne meeting November 2, 1652 Isack Willman in a passionate manner said that some of them that voated for the raising of the mill knew noe more what belonged to the sea- pooset than a dogg, [Note] he hath given satisfaction.
* Treasurer.
W. S. P.
t Seapoose was the inlet connecting Meacox bay with the ocean, opened by digging, but soon closed up again. W. S. P.
S6
RECORDS : TOWN OF SOUTHAMPTON.
The inhabitants by the maior voat concluded that the mill shall bee raised at the Townes charge provided it bee raised 10 inches att least and the charges exceed not 10£.
PAGE 104. November the 2 1652 At a towne meeting It was granted vnto Iohn Bishop That his home lot of three acres shall run halfe the depth of other home lotts of lyke denomi- nations, and double breadth, the same to lye from Ioshua Barnes his home lott northward .*
November 5, 1652. At a Generall Court Chosen for 5 men Mr Gosmer. Christopher Foster Thomas Halsey Mr Rayner and John Howell, who shall see to and doe all towne affaires as the dividing or causing to bee divided all the meddows to bee divided, according to former orders, or also to dispose of a new division of land and to see to the causing to bee fenced the ox pasture, and what soever other matter doth or may concern the wellfare of this place & plantation according to their best under- standing and discretion, provided that they observe the limit- ations given former 5 men, which they must alsoe observe, namely the giving of land to any particular person.t
November 29 1652. It was granted by the towne vuto Mr Henry Eason, that hee should have to the quantity of 3 acres any parcell of land hee shall find fitt for his vse near vnto Mr Odell his 4 acres in Cobs pound; provided that hee the said Mr Eason doe resign the same vnto the towne agane when hee shall depart the towne, and not make vse of it himself and al- soe that hee secure the same for his vse by fenceing it for the time hee makes vse thereof.
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.