USA > New York > Suffolk County > Southampton > Records of the town of Southhampton, with other ancient documents of historic value, Vol. II > Part 19
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[Abstract.] Edmond Howell sells to his father in law Thom- as Sayre, all that belongs to said Edmund by right of his fa- ther deceased, from ve towne, in exchange for Thomas Sayre's share of the highway* between the home lots of Thomas Sayre and Edmund Howell. March ye 14th 1663,
[PAGE 44 ] At a towne meeting April 1st 64 Henry Pier- son and lohn lessup are appointed to lay out ve land behind William Rusell his lot, weh belongeth to Robert Woolley, pro- vided they lay it eleare of the highways, and hee the said Rob- ert pay them for their pains.
Mr lohn Howell is chosen and apoyated to goe to Hartford vpon towne occasions.
* Thuis highway is the road running west from Main stre t of Southampton, and called Job's Lome. "Thom is Sayre's home lo' " being on the north side, Edmund Howell's ou the south. W S. P.
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(Abstract.) Iohn Ogden sells to Ionas Boners, land in Coop- ers Neck, with the privilege of a 5 Ib commonage, for a horse in the ox-pasture and the fence thereto belonging. April 12 64 (Abstract.) Iohn Ogden sells to lohn Woodruff Sen land in the great plaine, at Halseys neck, meadow at Halseys neck, on the beach, and at Seaponack, with the priviledges belonging to a 50 lb lotment. April 12th 64.
[PAGE 45.] Aprill 12 1664 lohn Ogden of this town doth acknowledge to have sold and delivered to his uncle Mr lohn Ogden, his honseing and home lot with all ye land lying at the reare thereof and allsoe his fifteene accres lying at the Long Springs, and alsoe the priviledges to a fifty pound lot.
April 25 1664 At a town meeting It is ordered by voat yt 2 Inhabitants shall be sent as deputies to ye Cort at Hartford, the men are Tho. Halsey Sen and Iohn Iessup.
Christopher ffoster & Henry Pierson are appoynted to lay out the land between ye neighbors about lohn Ogden in ye rear devision.
Aprill 26 lohn Woodruff Iun acknowledgeth to have in- parted to Ann Phillips towre of his fifty at Quaquanautuck, shee paying ye purchase of them and all charges.
(Entry at bottom of page.) Sonthampton May ye 19 1696 Then William Tarbill brought before me, Iob Sayre and Rich- ard Halsey of said towne and they to their corprall oath, that on the 30th day at Aprill last they went with ye said William Tarbell to the house of May Burnett the usual place of abode of lohn Burnett and then and there the said Win. Tarbell tendered tenn poundsin current money of the province of New York for ye use of the said Iohn burnet which ye said William Tarbell acknowledged (word gone) to said burnets present lodging was, and made the like tender there. (Illegible.)
Test MATTHEW HOWELL Instice.
[PAGE 46.] At a towne meeting December 15, 1664 It is ordered that Iohn Iessnp Edward Howell and Henry Pierson shall make the rates or Levies with wch are at present to be
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made both in respect of Hartford and also this towne, And further It is ordered that in a much as public notice is given now at this meeting that all men yt have monies dne to them from either ye towne or cunty, should bring in their bills of what is due to them betweene this and next third day, whoeso- ever shall neglect soe to bring in their said bills to one of the said 3 men shall loose their debt, alsoe that all ye Inhabitants shall bring in vnto the abovesaid 3 men ve exaet bills of their whole visible estate rateable, vpon ye penalty mentioned in an order made in feb. 61 And if any pson refuse or neglect to bring in their estate as aforesaid between this, and this day seaven night then the said 3 men shall rate such pson or psons by theire gness or as in theire Indgment they see meet,
Richard Smith ypon his request had half his fine of 5s re- mitted by ye town provided bee duly paye the other half with- out further trouble.
feb 4 1664 At a towne meeting the other half of Richard Smith his fine was remitted vpon his humble acknowledgment & promise of reformation,
(Notes at bottom of page ) Edmund Howell records an ear mark he bought of his brother Arthur, 1741. Abner Howell records a brand mark.
[PAGE 47.] At a meeting of the Committee of the Genl As- sembly at Southampton Inne 6th 1664.
1st Wee doe order vntil the Gen. Assembly take some other course in the case, that there bee a sufficient fence made at the said pord, upon Meantaeut by ye Indians to secure their corne & yt bee noe cattell put by any east ward of the fence at the said pond in the summer, nor yntil after Indian harvest, And that the Indians have free liberty of planting of that land Eastward of that pond, and Southampton men are to pay ponndidg and halt damage, except theire horses get in at ye sea side at either end of the east hampton fence. 2nd It is ordered that East hampton men shall keep sufficient fence at their towne eross ve lland and an Indian at each sea to prevent danger And that then either English or Indians have liberty to pound out of
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their corne any horse within either of the said fences, and to make the said horses pay poundidg and half damage, And that ye owners of those horses which are wonted in Meautacut it is desired & expressed that they dispose of them as speedily as may bee off the Island, And that in ye interim, they doe torth- with drive those horses ten miles westward of Southampton and doe their best endeavor to prevent damnifying either Eng- lish or Indians by their horses which wee percieve hath bin noe small grievance both to English and Indians. and ought to bee prevented for ye future. 3 Vpon the motion of severall of the towne of Southampton for a better settlement of their Indians. It is ordered that Southampton doe set out a suitable parcell of land for their Indians and help them to fence it for their se- enrity according to their covenant, and this to bee effected be- fore the first of aprill next. 4 Vpon some motions of some about ye manner of rating in ye town of Southampton wee judge it most equal that all publique charges bee raised in a proportionable way both ypon psons lands and estates, accord- ing to the laws established in the Jurisdiction for that purpose. 5 for the future disposal of land in Southampton, the comittee [PAGE 48.] doe Judge at present that those whoe discent from the disposall of land to such whoe have not an interest by fit- ties and hundreds, such psons should have a proportion accord- ing to such distribution.
6 The Comittee doe order that there bee foure Courts kept in a yeare, two at Southampton, one at Southold, & one at Easthampton, ye time for the apoyntment of theise Courts is left to bee settled as the Assistants & Commissioners of these 3 plantations Judge most seasonable which Courts are to con- sist of at least three magistrates, or Commissioners.
7 And the Comittee doe grant free liberty to these 3 towns (if they see cause) to send onely one Deputy from a towne or roe Deputy at all, unto any of our Gen'll Assemblys, they be- ing wholly left at liberty in yt respect.
8 The Comittee doe order that these 3 plantations doe build a small prison at South Hampton for secureing of delinquents
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att this end of the Island, such a one as ve magistrates & Com- missioners of ye plantation shall ludge fit.
Iune 7th, 64 The Assistants & Commissioners of ye said 3 townes wth the approbation of the said Comittee of the Gen' !! Asembly doe determine that there shall bee two Courts in the yeare kept at Southampton, one the first tewsday in Iune, the other the first tewsday in December. alsoe one Cort to be kept at Easthampton the first tewsday in March in the yeare, and one Court at Sonthold the first tewsday in September.
[PAGE 49.] September the 5th 1664. At a towne meeting It is ordered that there shall bee a school howse* of 20 foot long, and 15 foot wide built at the townes charge, and finished fit for use before winter. It is ordered by ye major voat that noe Indian or Indians shall henceforth plant in the plaines or at any farme or on any man's particular aocomodations, but onely on their own apoynted land.
It is granted to Mr John Jennings liberty to digg a celler to dwell in, in some convenient place neere ye sehoole howse, which is to bee built with this proviso or condition that when he hath done wth ye vse of the said Celler himself yt hee shail resigne it vp againe to ye towne & shall have noe interest therein except hee procure an inhabitant to it of whome the town shall accept. It is granted vnto Robert Woolley that ye land which he was to have behind Win Russells lot shall bee exchanged vnto him at his request, and laid out for him by . lohn lessup and Henry Pierson, by the land belonging to Tho. Cooper vpon the late devisson as ve said layers out shall finde most suitable.
[PAGE 50 ] At a towne meeting December 15, 1664 Iames Ilerriek acknowledgeth to bee indebted vnto this towne vpon accompt ye some of three pounds which he promiseth to worke out in a howse for ye towne, as they shall appoint between this and the 29th of next September, paid.
It is ordered that ve Inhabitants of this Towne have liberty
. This " school howse " is supposed to have stood on the west street of South unpton vearly opposite the bottom of C'apt. George White's home lot W.S.P.
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to keepe fowre hoggs for a fifty pound lotment and if any keepe above that stint on the comons, one third of what is tak- en or found shall belong to them yt bring them up, and one third to the towne, & ve rest to the owner, and if any swine bee impounded ont of the plains or Shenecock neck yt is to bee fenced, or the ox pasture, the owners of such swine shall pay 2s a peece to them that impound them, the same penalty alsoe is on hoggs yt are or shall be found in any other inclosure. And this order to take efect from this day three weeks, And it any person refuseth to pay as aforesaid, they yt impound shall take two indiferent men & prize pt of ye swine to pay them- selves.
At a Towne meeting feb. 4, 1664 It was voted and concluded by all the Inhabitants that appeared (except about 4 persons) thet this Towne shall and will joyne with East Hampton and Sonthold in trying a suite with Capt. Scott for recovery of costs and damage, and for a redition of ye Comittees obligation of 450 lb value.
Mr lohn Howell was chosen to manage the Townes business above mentioned (concerning Capt Scott) with ve comittee yt shall bee appointed by East Hampton & Southoid for the same end.
[PAGE 51.] feb. 4 1664 At ve four mentioned Towne meeting It is coneluded by major voat that the 450lb bond given by ye comittee of this Towne East Hampton and South- old, unto Capt Scott shall bee forthwith attached, And the said obligation soe to remaine vntill hee make satisfaction vnto ye said Townes, or the difference beetweene ye said Townes and hee bee legally ishued.
It is ordered that from henceforth noe person whatsoeever shall improve any timber within the bounds of this Towne in pipe stares, or of any other nature or forme, by selling them to any that shall convey them out of this plantation vpon penalty of 20s per tree.
At ve said meeting lohn lessup Edward Howell and Henry Pierson were chosen Townesmen vntil ve 6th of october next,
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dureing which time they have power given them, and are by the Towne Authorized to make any rate, or Levy they shall see necessary, to use all lawful meanes they shall see meet for getting in the debts dne from any person or persons vnto the Towne. to make any law or order (vt contradicts not some for- mer order made by the towne) concerning fences or any other publique occation, and to doe or act any thing which in theirc Indgement may conduce to the Townes advantage, And what - soever they shall act or transact as aforesaid ve Towne doe ratify & confirme and shail observe, moreover the said select- men setting vp their order or orders on the meeting house post at ye beat of ye drum, the same shall bee, and bee accompted sufficient and lawfull publishinent thereof. ve Towne being to defray ye cost ve said 3 men shall be at in ve premises.
[PAGE 52.] feb. 4, 64 Richard Post and Edward Howell are apoynted and impowered to view ve fenceing against the piains and to doe therein according to former order made by ye towne. It is ordered that ye 5 raile fenceing about the plaines shall bee made vp Competently sufficient within 8 days ot this date on penalty as is expressed in former orders.
feb. 20 16644. At a towne meeting It is granted to Mr Robert ffordham that what proportion of land hee hath not taken into his close at meacox which is pt of his last division, hee hath liberty to take vp adjoining to his close at the reare of ve home lots at ve east side of the towne, but it is provided that noe watering place for the towne bee hindered.
Mr Thomas Topping and Mr lohn Howell were chosen dep- uties to meet ve honorable Gen'll Niccolls At Hempsted ac- cording to his order whoe have alsoe power to act in any cause or matter which doth or may concerne our townes occa- sions. It is ordered that Iohn Jessup & Henry Pierson shall lay out to Thomas Halsey his land that was apoynted him for his Sagaponack division.
It is granted and concluded yt one acre more shall bee ad- ded to the close yt Richard Post had when hee kept ordinary. which is on the south side of and that land with that in ye lit-
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tle plaines which Richard Post had on the west side of the same while hee kept ordinary, John Cooper is to possess while hee keep ordinary.
[PAGE 53. ] Aprill the 4th 1665. At a Towne Meeting was chosen Thomas Topping to bee Cunstable whoe was sworne. Chosen for overseers 1 Henry Pierson 2 Ioshua 5 Barnes 3d lames Herrick 4 Thomas Goldsmith 5 Richard Bar- ret 6 Isaack Willman 7 Iohn Lagger 8 Richard Post .* All which except Thos Goldsmith & Richard Barrett took ye oath.
Iune the 5 1665 The above said overseers took ve oath of Allegiance.
[ Note at bottom of page.] Iob Sayre Cornelius Halsey Syl- vanus Halsey enter carmarks 1741 Ellis Cook enters a mark be bought of Humphrey Hughes.
[PAGE 54.] Sept. 6 1665 Edmund Howell acknowledgeth to have sold and delivered formerly his pt or share of ye last devision of land lying in ye neck ealled Cormorant poynt vnto Thomas Burnet And ye said Thomas doth acknowledge to have sold and made over his ten acres lying in ye plaines near the gate, vnto him the said Edmund, the said sale or bargin be- ing an exchange of land between them.
Sept 6 1665 Mr John Ogden doth acknowledge to have imparted sould made over and delivered all his land lying neere the north sea howses, in that place comonly called the field by the Clay pits, (except ye quantity of two poles all along by the diteh side therein to digg or delve it to the ditch) vnto Iotmn Rose of ye said north sea, him his heyres and assings for ever. As alsoe hee ye sd mr lohn Ogden hath sould and delivered « ne peece of meadow of his lying in Cow neck vnto him the said Iohn Rose the said meadow being bounded by Tho. Shaw his meadow on the west side and ye said John Rose his meadow on the north ward side. And this is for consideration in hand received by him ye said Mr John Ogden of him the said lohn Rose.
HIENRY PIERSON Regist.
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John Woodruff Inn doth acknowledge formerly to have made over vnto Ann Phillips his acre and half of land lying in Hal- seys neck (which land he affirmeth hee had of James Herrick), in exchange for an acre and a half more or less which belong- eth to her lying in the 10 acre lot furlong neare the plaine gate.
[PAGE 55.] [Abstract of Decd.] John Woodruff Iun sells to Robert Wooley his acre of land in Captaines neck between Joshua Barnes and Tho. Topping, in exchange for an acre of land in Cooper's neek between Lieft Posts on the north, and mr Raynors on the south. Sept 6, 1665
Sept 7 1665 Mr Iohn Ogden doth acknowledge that what land or houseing or privilidges thereto belonging which he bonght of his cousin Iohn Ogden, hee ve said Mr Ogden did make over all the same vnto his sone in law lohn Woodruff, that it became his.
Sept 7, 1665 John Woodruff Iun doth acknowledge to have sould and delivered to Robert Woolley all that housing and land and privileges thereto belonging which Mr lohn Ogden procured of John Ogden of Southampton, and ye said Mr Og- den made over vnto him the said John Woodruff, ve said bar- gain being vpon Record in this book.
[Abstract of Deed.] Daniel Sayre sells to Tobn Woodruff Iun 42 aeres 10 poles lying in first neck in the plains on the south sike of said Woodruff's elose, in exchange for 2 acres and a half in Captaines neck, and 12 acres by Thomas Goldsmith's close in first neck. Sept. 7, 1665.
[PAGE 56.] [ Abstract of Deed. ] Sarah Woodruff wife of lohn Woodruff Fun confirms the sales made by her husband to Obadiah Rogers Leitt Post and "other inhabitants " 7 Sept 1665.
In presence of HENRY PIERSON JOHN LOUGHTON
March 1666 Laid out to lohn white in part of thare allot- ments west of Thomas Coopers land the East Lyne is 60 poles, the north and south Ivne is 62 poles, is 234 acres.
[PAGE 57.] (Abstract of deed.) I lohn Gosmer of South-
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ampton Gentleman, have given to my adopted son John Wood- ruff who hath lived with me from a child, all my goods, houses and lands. Also Elisibeth wife of Iohn Gosmer confirms the same
JOHN GOSMER ELISABETH # GOSMER her marke L. S.
Inly 29 1659
Witnes JOHN OGDEN SAMUEL CLARKE.
Feb. the 10th 1665 Thomas Sayre maketh acknowledgment that he hath made over and given to his sons ffrancis Sayre a fifty pound lotment or accomodation wish the privileges thare vnto belonging.
[PAGE 58. ] At a Towne meeting Ian 18 1665 It is ordered that Mr Iohn Howell loshna Barnes Leift Post Richard How- ell and Hen Pierson, shall forthwith goe to the Indians and they the said 5 men are impowered to made an agreement with them concerning the payment which this town is to make vnto them by virtue of an agreement made with Capt Topping and what end or conclusion they make therein the town will stand to and performe. Samuel Clark and John Iessup are chosen and apoynted to meete the messengers from Southold and East Hampton when they shall coine to this towne, and to consider of what may concerne the good of the Towne lt is ordered the vacant land between Thomas Halseys land on the eastward end of the little plain and ye highway, (leaving out a sufficient highway) shall not bee disposed to any in par . ticular, but reserved to accomodate the Gin keeper from year which is for the townes vse.
lohn ffoster had granted vato him 10 acres In the present devision to bee laid ont, and hee is to have for the future the privilege of a fifty pound lot, and hee is to pay in all rates for a fifty.
It is granted to Mr John Laughton three acres of land north
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ward of Wm Russell his home lot .* And hee is for the future to pay in all rates for a fifty.
[PAGE 59.] Aprill the 20 1668 Richard Barret of this Towne of Southampton acknowledgeth that formerly hee sould vnto or for ye vse of Deborah Scott that howse and land she now dwells on with their accommodations therevnto beloning.
Dee the 16th 1668 Ann the wife of Ensign Zerubabel Phil- lips acknowledgeth to have. made over and granted to her son lohn White a fifty interest or comonidy at quaquanantnek, which is to his fitty alotment, and alsoe another fifty comonidg therewith, last said fifty is one of those shee had of John Wood- ruff Iun whereof there is record made in this book. Dec. 16 1668.
( Abstract of deed. Edmond Howell sells to Thomas Burnet 20 acres at Cormorant poynt, in exchange for ten acres in the 10 acre lots in the great plain by the plain gate, bound East by the highway, and W. by Fohn Woodruff. Oct 16 1669.
Recorded by me JOHN HOWELL,
Register Dec. 4, 1674.
(Note at bottom of page.) David Topping lackson Scott Thomas ffoster record earmarks. 1741.
[PAGE 60.] Dec. 28 1669 Whereas there was a contest in the towne about a piece of ground to set the meeting house vp- on now at a towne meeting it was found out and agreed vpon where it is staked out for that purpose, lying vpon the front of Isaac Willman's home lot.
Southampton November the 29th 1672 Whereas there hath bin of long time a difference between this towne of Southamp- ton, and Isaek Willman concerning the land neere adjacent to the meeting house that now is. It is this day finally and for ever agreed By the constable and overseers, with divers of the Inhabitants at a publique meeting, of the Townes behalf of the one pt. And the said Isack Willman on the other part as fol-
» Wm. Russell's home lot is now the burying ground. John Laughton's land is now the home lot of Capt. Win. Fowler and Harriet Reuben Halsey. W. S. P.
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loweth. Hle the said Isaaek doth freely and forever resigne vp vnto the said towne from and for himself his heyres and suc- cessors all claime and Interest in that small piece or corner of land on ye sonth side of ye said meeting house. Bounded an ve west by ye comon street, on the South by James Herrick's home lot and on the East by the fence belonging to the said Isack as it now standeth against the East end of the meeting house, exactly ranging by it over to the north side of the said lames Herrick his said lott, moreover hee the said Isack doth engage in like manner for himself and his, that at noe time hereafter there shall bee set or placed any howse, barne, or any kind of howseing, any corne or haystack, or any combustible matter in his owne proper ground nearer the said .meeting howse, than is his now dwelling house, ffor and in considera- tion whereof the towne shall and will and doe give liberty to him the said Isaack to take vp soe much land on the west side of Sagaponack pond* as is layd out to him, and insted or in lien of the land which fell to him, and is laid out for him vpon a late devision of land in the Towne, and which land lyeth to- wards Seaponack with two acres of land more to bee added vn- to the said land now exchanged as aforesaid and to ly by Saga- ponack pond. In witness whereof the said Isack Willman for himself and his And the said Constable and overseers in behalf of the said Towne have here unto nmutually set their hands the day and year first above written.
ISACK _ WILLMAN his mark
IOB SAYRE IOSHUA BARNES
EDWARD HOWELL OBADIAH ROGERS
[The 61 62 63d and 64th pages of the book of records are ocenpied with a copy of James Farret's Patent and Winthrop's addition. Copies of these documents are printed in the first volume of Town Records, 9th and 10th pages, and are there . fore omitted here.
W. S. P.]
* This piece of land lies near the head of the bridge recently built across Sagg rond and the old meeting house at Sagg stood upon it. W. S. P.
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[PAGE 65.] lune ye 3 1667 John Rose of ye Northsea ac- 4 knowledgeth to have made over and sould his ten aeres of land coming to him from the towne on the last devision accompt vnto Daniel Sayre of this towne, he the said Daniel & his heirs to have and to hold the same for ever.
Inne ye 27 1667 Thomas Sayre Doth acknowledge to have granted and freely given the 20 acres of land due to him from the towne vpon ye last devision nnto his fowre sonnes, namely, ffrancis, Daniel, Tob and Joseph, ve same to bee equally devid- ed viz five acres apeece, ye same to bee laid out to them as may best suite theire convenience, as it hee the said Thomas himself had bin to have enjoyed it from ye towne, according to the manner of laying out the said devision.
November the 4th 1668 At a towne meeting The Towne gave and granted vnto Mathew Lum the 3 acres of land lying at ve South end of ye town, over against the little plain, which was reserved for a smith, allso they granted and gave unto him tenn acres of wood land the same to be laid out (by the layers ont of land apoynted) soe as in their fudgement may be least to the Towne and most comodions for him. All which is given as aforesaid vpon the consideration and condition, that hee the said Mathew shall dwell on ye said accomodations and doe the Townes Smith work for them at a reasonable rate dureing the term of seaven years from ye date hereof, and vpon his non performance of the said condition, or if he shall remove from this Towne before the expiration of ve said seaven yeares then the said land shall become the townes again, they paying him only for the cost hee shall have bestowed thereon, (if they see good to have it againe) But it after the expiration of the said seaven years hee answers not the townes end as aforesaid or departs from this towne, then the towne have liberty to resume the said land into their possession and unto their proper use [ PAGE 66.] againe, paying him a competent rate or value not only for the cost hee shall have then bestowed vpon the land by buikling or fenceing or clearing &c. but also for the land it- self moreover if it soe fall out, and that the towne and hee the
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