Records of the town of Southhampton, with other ancient documents of historic value, Vol. I, Part 9

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 9


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).


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PAGE 105. It is agreed at the forsaid meeting Iune the-, That Thomas Halsey Sen. & his partner whoe are appoynted to lay out the former mentioned meadow shall lay ovt Sagapon ack & Seponack mowing ground for a present supply of the


* Thehome lot of John Bishop is the one now owned by the heirs of Jonathan Fithian. Joshua Barnes home lot Is now the homestead of William S. Pelletreau. W. S. P.


t It will be seen hy this that the office of townsman, embraced the duties now performed by Supervisor and Assessors, and to some extent those of Overseers of poor and Commissioners of highways. W. S. P.


# This is the place now called by the euphomious name of "('cbb," probably the title given above is a corruption of some Indian name.


W S. P.


87


RECORDS : TOWN OF SOUTHAMPTON.


Inhabitants of this towne for this yeare, according as they in their discretion shall think may bee most convenient for the whole, provided that they make the said divisions, & then cast lotts for the same as before is mentioned concerning Quaquan- antuck meddow,


Iune the 27 1652. At a town meeting it was concluded that if any goats bee found withovt a keeper, and any person soe finding them bring them home vnto the owners they the own- ers of said goats shall pay a penny per goat for them vnto those whoe soe bring them home, and alsoe pay for the harme which it shall appeare is done by them.


August 18 1652. It is ordered by the generall court that Inasmuch as Tho. Goldsmith hath mowed ye most considerable pt of the ground granted to Iohn Robinson, hee shall pay tow- ards the rate for capt. Mason, 3s 1gd, And the other 3s Thom- as Halsey pays at present & is to bee paid againe by them that shall come to possess the said land.


It was concluded by the voat of the Generall Court that there shall bee yet another attempt made for the letting out of Shinecock water, for the regaining of the salt marsh meddow.


Whereas there was an appeale made by Thomas Burnet Iune the 1st 1652 vnto the General Court from the verdict of the Iury that then was passed concerneing an action of trespass de- pending betweene Mi Gosmer plf & the said Tho. defendant it is determined by this present general court that Thomas Bur- net shall pay vnto the said Mr Gosmer 35s and James Till being interested in the cause of the said Mr Gosmer his loss, & hee the said Lames leaving himself vnto the determination of this PAGE 106. Court. It is concluded by this Cort that the said Iames shall alsoe pay vnto the said Mr Gosmer 35s both which somes are to bee paid in current pay within one month after the date hereof, lykewise the said Tho. and Iames are to pay the costs of the said Cort, for the tryall of the said action each their equall share.


At a towne meeting September 11 1652 It was concluded by the maior pt. that according to the order made august 18 1652


1


88


RECORDS : TOWN OF SOUTHAMPTON.


concerning an attempt to regaine Shenecock meddow, the said attempt or tryall shall bee by cutting a trench between Shine- cock water & quanquanantuck water, to which end 8 men shall goe with the first conveniency and are to have 2s 6d a man per day for every day they are vpon the said business.


Octobr the 6th 1652 being the day of Election was chosen for magistrates Mr Iohn Gosmer primus, Captain Thomas Topping secundus, and Mr Edward Howell tertius.


October 6, 1652 Henry Pierson chosen Secretary.


October 6, 1652 Ionas Wood H chosen constable and mar- shall for this year ensueing.


October 6, 1652 Mr Alexander ffields, Christopher ffoster Thomas Goldsmith John Cooper Iunr were all and each of them chosen ffreemen of this towne.


It is ordered by the general Cort that vpon any Cort day or towne meeting day, if vppon appearance according to warn- ing there be present but 6 men and either of the magistrates, they shall haue power to proceed to call all that were warned, and they that answer not at the second call shall pay 6d vnto the Towne or Cort, and if any party stay two howres after, hee shall pay 12d in like manner, and if any stay away the whole day hee shall pay as aforesaid two shillings, and the company that are met as afore-said vpon such occasions shall indge of the aforesaid time, or howres in case any difference bee concerning the same, and those whoe then are present as aforesaid shall haue power to proceed in any matter what so- ever, which concernes such said Cort or meeting) as if all the warned were present.


PAGE 107. Feb. 25 1652 Mr Josiah Stanborogh plf in an action of tresspass vpon the case against Elizabeth Wood the wife of Ionas Wood at the North sea defendant .*


The said Mr Stanborogh plf in an action of debt in the be- half of Mr Robert Scott of Boston merchant, against Mr Iohn Ogden defendant.


* This is the Jonas Wood of Oram.


W. S. P.


RECORDS : TOWN OF SOUTHAMPTON.


The said Mr Stanborogh plf in action of Tresspass vpon the case in the behalfe of Mr Robert Scott of Boston merchant against Ionas Wood H. defendant.


March 1st 1652 At a quarter Cort, The Jury impanelled to try the action depending betweene Mr Stanborogh plf, and Elisebeth Wood defendant are as followeth Richard Barrett Mr ffields Richard Post Iohn Iessup Edward Howell Ellis Cooke Isaack Willman Rob. Mervin Tho. Halsey. The jury hauing heard the witnesses examined, and they find for the defendant, costs and Cort charges.


Concerning the action depending between Mr Stanborogh plf and Mr Iohn Ogden & Ionas Wood defendants as above said, it is concluded by the said parties to put the said business to the Arbitration of Mr Iohn Gosmer, Mr Richard Odell, Thomas Halsey, and Richard Barrett, who are to end the same and all matter of difference betweene the said Mr Ogden & Ionas Wood defendants and the said Mr Scott, soe farre as wherein the said Mr Stanborogh plf is impowered by the said Mr Scott, And if the said Arbitrators disagree in any particu- lar they shall chuse an vmpire and they are to end the said bus- iness by the last of this instant, and the said Mr Stanborogh plf and Mr Ogden & Ionas Wood defendants doe bind themselves in the assumpset of 10£ a piece to stand to their Arbitrements.


PAGE 108. At a general Cort held the 14 of March 1652 It is concluded that noe inhabitant in this town shall sell any corn or meale or bread to any indian or any dwelling out of this plantation, vpon the penalty of paying after the rate of 20s per bushel vnto the towne vpon sufficient conviction, but it is pro- vided that any may impart either of the aforesaid provisions vnto any for his worke or labor, this is to stand in force till this Cort shall see cause to the contrary.


April 14 1653 At a general Cort it is ordered that all, and only those men in this towne that are of 16 years of age and vnder 60 shall keep watch & ward as occasion is, those onely excepted whoe are exempted by office.


Wili am Rogers chosen clerk of the band.


90


RECORDS : TOWN OF SOUTHAMPTON.


April 25 1653 At a generall Cort, Liberty is given to any Inhabitants to sell vnto ye Sachem any manner of victuals for the supply of his family for a months time from the date here- of, Mr Odell having promised to vse his best endeavors to see that the said Sachem buy not for other Indians but for his particular vse as aforesaid.


John Cooper Iun. hath liberty to sell what corne hee can procure from the maine vnto any English vpon such price hee can afford it, or vnto the Indians prouided warre bee not be- tweene the English here and the Indians, which enforceth rea- son to the contrary, allsoe any other that shall bring in corne they have hereby granted them the same liberty.


PAGE 109. The 4th day of April 1651 ye aforesaid Thomas Pope drew a 50 pound lot marked with the number 15, Num- ber 8, Number 4, to begin and to be layd out on the north side of the three lots drawn by the said parties and to be fenced [gone]


A towne meeting warned to be vpon [words gone]


April 1651 absent at ye second call [two or three words gone] It is granted by the inhabitants of this towne at the saide towne meeting that Thomas Goldsmith shall have a hun- dred pound lott in this towne of that which is now to spare and is to be that which was granted to Daniel * [rest gone]


It is granted by the town at the said towne meeting, that Richard Mills shall have the old meeting house with the apurt- nances to help to enlarge his house for which said gift the said Richard Mills doth ingage himself to the towne to keep an or- dinary for strangers for diet and lodging & to begin vpon the 5 day of May next, and soe to continue in the same for the space of four years, & yf soeuer hee doe refuse to performe the same he doth ingage himself to pay 5s for every year that he shall not in the saide town keep the ordinary


RICHARD MILLS.


The 11th day of Aprill 1651 at a towne meeting Whereas in the proportioning of the great and little plaines the fiue men was ordered to haue some to sell on the north side of the great plaine to those that come lately and had noe fence there at all,


91


RECORDS : TOWN OF SOUTHAMPTON.


it is now by the towne ordered that those that have fenced the space on the north side of the great plains shall keep and main- taine the same, and the said men shall make up their propor- tion of fence* [rest gone]


PAGE 110. [The 110th page of original is illegible; from a few words that can be deciphered the record seems to be an or- der about fence on the plains. ]


PAGE 111. At the aforesaid general court Ian 9 1653 It is ordered the east end fence of the little plaine shall be taken up & removed further east ward, and more land taken in accord- ing to the present townes mens discretion to supply divers who want of their complement of land in the plaines, as allsoe to supply an Indian (if need bee) that hee may keep the plaines instead or the ginfence, according as such Indian may be agreed with by the said townes men.


ffeb. 2 1653 At a towne meeting. It is ordered that ac- cording to former order those that bring home hoggs from Shen- ecock or Seponach or the plaines shall haue 6d per hogg paid them by the owners & upon their refusall to pay they that bring them home shall repaire to John Cooper Sen. & Thomas Saire who shall prise part of such hoggs that soe therein and there- out they the said bringers home may be satisfied as aforesaid, & if the said two men to prize bee troubled therein they all- soe shall bee likewise paid ovt of such hoggs 12d per piece.


It is ordered that in as much as the Indians will fence their share of fenceing betweene them and us with 5 railes or that which shall bee answerable therevnto the towne alsoe will & shall fence their proportion in like manner which may bee fence sufficient against hoggs and all sorts of cattell.


March S 1653 It is ordered that there shall bee a conclusion made by the Cort (if it may be) concerneing a settled way for cutting out of what whales shall be cast up. Whereupon it is ordered that according to a former order December 5 1648


. It may be well here to remark that the 109th page of original was when the records were copied by the editor in 1862, so utterly illegible that no attempt was made to copy it. In 1871 the faded writing was treated with prussiate of potash by Rev. G. R. Howell, which so far re- stored it that the foregoing copy was made. W. S. P.


92


RECORDS : TOWN OF SOUTHAMPTON.


what whales shall be cast vp, shall be cut out by the squad- rons which are divided by the last 5 men chosen, and to haue a third pt of what they cut for their paines besides their share with the towne, and what soever whale or parts of whalesshall be gained by any whom it may concerne as aforesaid they shall PAGE 112 lay it aboue high water mark, and not meddle with deuiding, or diminishing it, or any part thereof vntil it bee brought to towne at the townes charge, and laid in or about the towne pound, and the said cutters to puy a third pt of the said charge, besides their share with the towne,


The Squadrons are divided as followeth,


Fifties


4 Iohn Howell


3 Mr Richard Smith 1 Iohn Iagger


3 Ionas Wood


4 Mr Rainer


1 Ionas Bower


1 Bortholemew Smith


3 Mr Odell


2 Joseph Rainer 3 Christopher ffoster


2 Iohn Lum


3 Thomas Halsey 1 The Miller


Second Squadron Third Squadron


Fourth Squadron


4 Mr Howell


3 Captaine Topping


2 Thomas Cooper


2 Mr Gosmer


3 Mr Fordham


3 Thomas Halsey


2 Ri. Post


2 Ellis Cook


2 Edward Howell


2 Wm Rogers


3 Iohn White


2 Iohn Iessup


3 Richard Barrett


3 Mr Gosmer


2 Rob Mervin


3 Mr Howell


3 Mr Topping


3 Mr Iohnes


4 Thomas Sayre


3 Mr Fordham


3 Tho. Cooper


3 Mr Stanborough 3 Obadiah Rogers


2 Isaac Willman


2 Ioshua Barnes


2 Tho. Burnet


2 John Cooper Sen


1 Iohn Bishop


1 Tho. Pope


1 Widow Briggs


2 Tho Hildreth


3 Henry Pierson


1 Geo. Wood


2 Sam Dayton 1 John Cooper Ir


3 Mr Gosmer


4 Mr ffields


1 Iohn Oldfield Memorandum that after ye squadrons 1 Mr Hampton, had gone round not orderly, the town began according to order, Mr Smiths Squadron cutt next Mr Iohnes at Spring 1655, next John White his Squadon cutt April 26 1655, Richard Barrets squadron cut


93


RECORDS : TOWN OF SOUTHAMPTON.


may 1655, Mr Smiths squadron cut may 9 1655, Richard Post cutt in Aprill '56.


It is left to the care and discretion of the townes men to pro- vide carts to fetch home what whales shall be cutt out as afor- said from time to time, * order of the 5 men namely Mr Gos- mer Mr Rainer Thomas Halsey Christopher ffoster & Iohn Howell, Mr Smith his squadron was to cut first, Mr Iohnes his squadron second [rest gone.]


PAGE 113. Sept 12 1653 At a generall Cort, It is ordered that no cattell whatsoever shall be put to or kept at Seponach or shinecock, and if any be found there they shall be fetched off, vpon penalty of ten shillings a day to bee paid by the heardsman or any other person belonging to the towne or the north sea that shall herein transgress vntill the 5th of October next ensueing.


Sept 12, 1655 An action of tresspass vpon the case entered by the towne against Robert Mervin.


An action of Slander entered by Tho. Vale against the wife of Samuel Dayton to 40.€ damage.


Sept 16, 1653 At a purchased cort, the said action of Slan- der entered per Tho. Vale plf against Sam. Dayton defendant, tryed by 12 men namely Mr Richard Smith Mr Thurston Ray- ner Mr Richard Odell Thomas Halsey, Iohn Howell Richard Barret Christopher ffoster, Tho. Goldsmith Tho. Sayre Tho. Cooper Iohn Iessup Isack Willman.


The said Iury finde for the plf. three pound damage, with increase of Cort charges.


Sept 28 1653 An action of bloodshed & battery entered by Iames Till plf against Iames Herrick defendant the same to be tryed the next quarter Cort, [note] The said parties are agreed without a tryall.


PAGE 114. October 6 1653 At a generall Cort was chosen for magistrates first Mr Iohn Gosmer, Second Captaine Thom- as Topping, third MI Edward Howell. Henry Pierson chosen Secretary Mr Alexander ffields Cunstable & marshall


It is concluded that Tho. Saire shall haue paid vnto him by


94


RECORDS : TOWN OF SOUTHAMPTON.


the towne the sum of ten shillings as an allowance vnto him for some pitts that hee imparted to the highway for which hee was to have allowance by order made formerly when Mr Wells & Mr Gibbons were here.


It is concluded that the miller shall haue given vnto him a full & direct answer concerning a seeming difference at pres- ent between the Towne & him about his covenant with the towne concerning opening the sepoose, and ye said answer to be given him within 10 dayes after the returne of Mr Gosmer.


October 24 1653 At a towne meeting it was concluded that Captaine Topping Mr Rayner & John White are appoint- ed & left to agree (if they can) with the miller concerneing the alteration of his mill to ease the towne of the burthen of open- ing the sepoose and what bargaine they make the towne for their part will stand to.


It is concluded alsoe that John Cooper Sen shall send forth men to seeke vp and bring to the towne what cattell they can meete with beyond the cannoo place, & the charge thereof is to bee levyed vpon the dry heard.


PAGE 115. Sept 16 1653 by apoyntment of ye 5 men as followeth, Mr Gosmer being chosen treasurer had delivered vnto him by the 5 men, for the townes use as followeth.


23 lb of gun powder which was brought in by Ionas Wood H.


10 lb of gun powder & 175 of lead which was bought by himself.


1st of October 1655 At a town meeting the aboue said ac- compt being considered noe person or persons appearing to witnes the delivery affore said of the powder & lead. It is not discerned but that there is a mistake in the said account of what is aboue said to bee dslivered, vnto Mr Gosmer and hee hath received, and there was delivered vnto him insted of the 23 lb of powder by or from H Wood onely a barell with pow- der in it, both which contain barely 26 lb, * * powder above said and but 60 lb of lead, [rest of this page gone.]


PAGE 116. febuary 4 1656. At a towne meeting it was agreed that the lickquor that was taken from Goodman Gouldsmith,


95


RECORDS : TOWN OF SOUTHAMPTON.


he shall haue his money returned namely the townes part of it Allsoe at the meeting there was a contribution to Goodman Gouldsmith becaues of his loss by fier .*


Mr Topping one bushell of wheate.


Mr Gosmer two bushels.


Mr field three pecks of wheat.


Thomas Sayre one bushell.


Henry Pierson the value of half a bushell of wheate.


William Ludlam half a bushel of wheate.


Isaack Willman half a bushell of wheate.


Thomas Halsey lunior 2s, 6d.


Joseph Rainer half a bushel of wheate.


[Rest of this page gone.]


PAGE 117. at the aforesaid Cort Aprill the 4, 1654 It is ordered that Mr Iohn Ogden Sen & Ionas Wood H. shall bee the prizers of the goods and chattels belonging to Wm Paine of late deceased.


May 23, 1654 At a towne meeting it is concluded that Thomas Goldsmith for vp at present sufficiently and maintain- taing ye portion of fenceing belonging to the widdow Briggs, hee shall haue commoindg in the ox pasture for a payre of oxen.


Whereas Mr Richard Smith had a grant of some addition of land vnto his home lott and the condition wherevpon ye said ad- dition was granted cannot bee at present produced, either by him or by the town, and the said Mr Smith referring himself to the townes conclusion concerneing the premises. It is or- dered by this towne as followeth, that Mr Smith shall have the said addition of land at his home lott still as his owne proprie- ty, and shall from time to time secure the little plaine by fence- ing sufficiently betweene hissaid homelott and the little plaine,+ leaving a sufficient watering place for all sorts of cattell against the lane end, betweene his said lott & the little plaine, the


* It appears that in the Spring of 1657 an attack was made upon the town hy the Indians. Several houses were burned, among them was the house of Mrs. Howell (widow of Edward Howell). Probably Thomas Goldsmsth was another of the sufferers. (See Howell's History, page 165. W. S. P.


Mr. Richard Smith's home lot was the cne now owned by Capt. Edward Sayre on the west side of main street, and next to the lane leading to the pond. W. S. P.


96


RECORDS : TOWN OF SOUTHAMPTON.


same to bee finished within six days after the date here of vp- on penalty of paying what it shall cost making or repairing the said fence against the said watering place to secure the plaine as afforesaid.


It is ordered that if any mans lott in this towne bee iu the judgement of men sufficiently fenced, and little piggs bee per- mitted by the owners (notwithstanding warning) to come within such lottments, then vpon the oath of the tresspassed before one of the Magistrates the owners of such piggs shall pay 6d per pigg for every time any such piggs doe trasspass as aforesaid.


It is granted vnto Bartholemew Smith that hee laying down about & acre of land in the little plaine he shall have ye acre in ye acre division in the little plaine that was laid out to ffar- ringtons land,


It is granted vnto Tho. Vale that hee [words gone] vacant in the plaines or else where [words gone] home lott hee hath bought a [gone] as the town is capable a fifty [gone] 6 acres in the plains.


PAGE 118. March 1653 At a general Cort Edmond Shaw was censured for his excesse in drinke to pay vnto the towne the some of tenn shillings the same to be exacted at the discre- tion of the magistrates according to his future behaviour.


It is ordered that whereas Tho. Goldsmith is prevailed by the town to keep an ordinary in this towne, there is noe per- son shall retaile any liquors or wines or strong drink within the bounds of this plantation but hee the said Thomas Gold- smith vpon penalty of ten shillings per quart.


It is ordered that if any pson aboue the age of fourteene shall be convicted of lying by two sufficient witnesses, such pson soe offending shall pay 5s for every such default, & if hee have not to pay hee shall sit in the stox 5 howres.


It is ordered that for preventing of evill which is subject to fall out by reason of excessive drinking of strong drinke, that whoe soever shall bee convicted of drunkeness shall for the first time pay 10s the second time 20s the third time 30s.


97


RECORDS : TOWN OF SOUTHAMPTON.


Thomas Sayre and Ioshua Barnes for speeking vnseemly and vnsavory words in the cort or concerning the cort were fined to pay 10s a piece, [note] ye fines remitted vpon their ac- knowledgement March 6 1654,


March 26 1654 An action of Battery entered per Thomas Burnet plf against John Cooper defendt to bee tryed at a pur- chased cort April 2d next being the next third day of the week.


November 21 1653 At a towne meeting It is concluded that if the miller goe forward with his covenant with the towne hee shall haue 6 men allowed him by the Towne to help him,


By the maior voat it was concluded that there should bee 3 men chosen to order towne affaires, the 3 men chosen are Tho. D Goldsmith Iohn Iessup and Henry Pierson who have commit- ted vnto them the same power which was granted & commit- ted vnto the 5 men chosen for the last year.


It is granted vnto Henry Pierson that hee shall haue as his propriety 3 acres of land at the out side southward of Iohn White his fence, in the same forme that his lyeth, (in liew of 3 acres which hee imparteth to the towne) both which are & doe lie by ye pond commonly called ffaringtons pond* ranging with the old side of the towne.


It is ordered that Mr Josiah Stanborough Christopher ffoster and Henry Pierson shall lay out a new devission or devissions of land for the towne where they shall think meete as alsoe the meadow which is yet undevided, and of both for quantity and for manner according as may bee most conduceble to thetownes conveniencie, in their the said layers out best discretion, whoe are to bee paid as they and the townes 3 men shall agree.


The censure of the Cort concerning Geo Milner That the said Geo. Milner shall pay vnto the towne 5s because of his misdemeanor in excess in drinking, ye which allsoe he shall acknowledge & his evil therein, at some towne meeting hee being called therevnto.


Ian 9 1653 At a general court, It is concluded that if the Indians will suitably fence one half betweene them & us that


* This is now called old town pond.


w. s. p.


98


RECORDS : TOWN OF SOUTHAMPTON.


then ye towne will fence with 3 rails or that which is answer- able therevnto, the other halfe, and what soever else may bee thought necessary to bee done about or concerning the said fencing, as treating & concluding with the Indians about it, & disposing of the fence in regard of placeing it, is reffered to 4 men namely Ionas Wood at North sea, Iohn Iessup Tho. Goldsmith & henry Pierson.


It is granted to Tho Halsey that hee shall haue in lieu of 28s paid for the towne formerly a 2 acres of land if there bee so much lying at the head of the ox pasture by the head of the long creek at the west end of the plaine.


PAGE 119. The Division of lande called Sagaponack, divis- ion laid out in January 1663 by men appointed by the towne, and by their apoyntment divided, & disposed into 41, hundred and 50.£ lotments, and lying as followeth,


No. 1 § 24 acres at the wigwam & pond lying neare the extent { of the towne boundes toward East Hampton and to be laid out by them yt they shall belong to.


3 6 acres more or less lying on ye east side of Sagaponack little pond, from the west side of the said little pond to the east side of Sagaponack pond is 22 lotments and are eastward of the numbered stake as followeth,


Poles wide.


Poles wide


4


12


No. 15


S


5


11%


16


S


6


112


17


S


7


11}


18


S


11


19


9


11


20


10


11


21


10


11


11


22


10


12


11


23


10


13 on both sides the


24


12


little creek angular


25


16


14


8


26


31 poles wide on the skirt of the little plaine eastward of


99


RECORDS : TOWN OF SOUTHAMPTON.


meacox water running from the beach to the creek toward the woods and lyeth on the east side the numbered stake, from the bounds of No. 26 to meacox water.


27 2S 5 on the end of the neck northward, or meacox ward, of the 29 last said creek, and bounded by marked trees, and else- 30 ( where by pond creek & water,


PAGE 120. 31 bounding no 30 and is the next little neck Northward bounded towards the woods by marked trees. Meacox old ground.




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