USA > New York > Suffolk County > Southampton > Records of the town of Southhampton, with other ancient documents of historic value, Vol. II > Part 2
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stances surrounding him, than the change of life among these sons of the forest. In their savage state, war was considered as the chief business of life, but at this time, surrounded as they were by the settlements of the English, to whom it was of the utmost importance that peace should be maintained, the war- rior found his occupation gone. The pleasing business of killing their enemies, with the equally pleasant prospect of being killed in return, was a state of things that had passed away, their native bravery was now employed to better advantage in killing " whales and other great fish " under the direction and control of the race who had bought their lands, and now con- trolled their destinies. In 1686, we find that a new generation of Indians had arisen who were evidently dissatisfied with the acts of their fathers who had sold their soil to the stranger, and it also became a grave question for the town at large, how this portion of the population, utterly unfitted as they were for the steady labor and restrained habits of civilized life, could, in the future, be supported without being a burden to the communi- ty. The difficulty was settled in a peaceful manner : a new deed was obtained from the chiefs of the tribe, and to provide for their maintenance, the town gave them a lease of Shine- cock hills and neck, for a term of one thousand years, dating from 1703 .* From that time to the present they have inhab- ited this tract in the midst of civilization without profiting to any great extent by its example.
Notwithstanding all the charm that romance has thrown around the red man, and which tends to blind our eyes to the true nature of savage life, by surrounding it with a halo of tic- titious glory, we cannot regret that it has passed away. And it would be as absurd to monrn that the forest has been felled, and that the wilderness has given place to cultivation, as to la- ment the disappearance of this vanished race. Civilization in its progress over the earth sheds her blessings with a willing hand upon all who are willing to submit to its benign influ - ence, but ernshes in its march all who oppose her power.
* The Indian lease is recorded in the book of Records known as Liber B.
XI
INTRODUCTION.
We must not fail to mention the change in church govern- ment that occurred about the year 1717. The Congregational form that the first settlers had adopted in the church organized before leaving Lynn, was exchanged for Presbyterianism. Of the reasons that led to this change, we are not fully informed, but it seems to have been accepted by the great majority of the people without hesitation or reserve. The bigotry that perse- ented other sects, and the endless controversies upon minor points of theology, that form so large a portion of the church history of New England were alike unknown in this retired corner of the land : but the cautions reserve that the parsonage lands laid out at this time should be for the use of the " Pres- byterian ministry and noe other," would seem to indicate that the spirit which at a later date led to the " New Light " move- ment, had already begun to make its influence felt.
Such are the leading features of the period included in our volume, and we believe that the perusal will be of interest to all who desire to be better acquainted with a time that has passed away. The social and political problems of American life are best studied in the light of our early history ; and the (leeds that were done, and the words that were spoken two cen- turies ago, may help to solve the vexed questions of the present, as the observations of the astronomer made during the darkness of the night, are rendered available by the computer who la- bors by the light of day.
All honor then to the names we record, for they have made our country what it is. They found it a howling wilderness, they left it a fertile field. They found the shouts of the savage and the eries of the wild beast, they left on hill and dale the sounds of peaceful industry. They found a barren waste and an uncultivated plain, and they left it with bright harvests, re- joicing in their golden gleam.
WILLIAM S. PELLETREAU.
.
.
TOWN RECORDS
OF
Southampton, Long Island.
LIBER A, No. 2. PART 1st.
This book consists of two parts, the records beginning at each end of the book, and both parts ending at the middle. The first part here copied is called the "hither end." The word " page " and number attached refer to the pages of the original book in the Town Clerk's Office,
W. S. PELLETREAU.
PAGE 1. At the Cort October 7th, 1659 Capt. Thomas Top- ping plt in 3 severall actions against Mr. Iosiah Stanborough Defendant, the verdict of Inry as folloueth,
1 concerning the out side ffence in difference in the first actt the jury finde for the plf, that the defend t hath not made his proportion of fence as hee ought to have done But the defend t must doe his proportion of fence and pay 12 d damage with increase of Cort Charges,
2 In the second action the jury finde for the plf in respect of the first particular in 57, and in respect of the last particular in 59 three pounds damage with increase of Cort charges.
2
RECORDS : TOWN OF SOUTHAMPTON.
3 In the 3 action they finde for the plf namely that the de- tendant hath noe highway through the plf's land, they finde also 2 d damage with increase of Cort Charges,
The Cort gives Indgment accordingly,
The defendant appeales to Hartford to bee tryed in all the 3 actions, at the particular Cort in May next.
[Note, at bottom of page earmarks entered by ] Adonijab Raynor David Raynor Iohn Topping, (a mark boght of the widow of Iames Dollober) Henry Howell, 1734.
PAGE 2. At a purchased Cort April 30 1660 John Scott at- torney for the whale company entereth his Action of trespass upon the case, in behalf of the said company Plf's against Mr lohn Ogden Fohn Oldfield Iohn Ogden jr, and Richard Shaw defendants, The jurymen Richard Barret Samuel Clark Iohn lessup Wm Endlam Sen Joshua Barnes Ionas Holdsworth Thomas Goldsmith Isaac Willman Iohn Mulford Iohn Hand Tho, Talmage Ier. Mechem. By consent of plf and defendant ve matter is put to Arbitration, ye Cort consent.
April 30 1660 Mr. Thurston Raynor plf in an action of tress- pass upon the case against the wife of Mr Josiah Stanborogh defendant. The jury find for the plf 2 d damage and Cort charges, and the cattle which the defendant drove away to be returned into the hand and custody of the pif untill ye matters bee brought to farther ishne between them,
The Cort gives judgment accordingly.
[ Note at bottom of page Abraham Howell Jr Hezekiah Howell record stray beasts in possession 1730]
PAGE 3. At the quarter Court June 6 1660. The Constable namely Christopher Foster Returneth an accompt of ve estate of Henry Lewis which by vertue of warrant was attached and disposed, being apprized by whome the Cort apoynted, which goods were sold,
£
1, 3 year old heifer
2
17 ()
2, 2 year old heifers
05
10 0)
1 bushell of meale and a hoe
00
06 ()
In all 8. 3. ()
3
RECORDS: TOWN OF SOUTHAMPTON.
of which said Constable paid as folloneth
To Henry Pierson for debt and charges
03
.06 0
To Obadiah Rogers
00
.10
To Thomas Sayre
00
.04 0)
To Arthur Howell
00
01
To James Herrick
00
00 (gone)
Richard Barret
00
0
John lessup
00
02 0
Edward Howell
00
.14. 0
Christopher ffoster
01
.13 0)
Joseph Raynor
00
.10
0
Mr Raynor
00
.04 0
4 (gone)
Soe that there remains in the hand of him the said Christo pher ffoster ve sums of 9 s witnes his hand
CHRISTOPHER FFOSTER.
At the said Cort Mr Thurston Raynor desireing of the Cort execution against Mrs Stanborongh in respect of ye verdict of ye jury and judgment of the last Cort. It is granted unto M. Rainer that hee should have execution according to the said verdiet & Indgment with, 2 d damage 12 S to the jury 4 s 6 d to the marshall 2 s 6 to the Register, 6 s for ye 4 witnesses, is in all 25 s 2 d, more allowed to Mr Rainer by the Cort, 18 d for his personal attendance this Cort, and 2 s 6 d for the Regis- ter, fr the execution is in all 29 s 2 d.
[ Pages 4 and 5 are blank. ]
PAGE 6. Iune 6 1660 Mr Josiah Stanborough and Mr John Scott in the name of them selves and all their neighbors that consent not vnto the agreement with East Hampton in the year 57, did demand of Mr Chatfield Mr Bond and others of the neighbors of East Hampton the land formerly possessed by this towne of Sonthampton extending according to agreement three miles and a half beyond Meacocks which agreement was made with Daniel How as agent for East-Hampton ; to which sd de-
4
RECORDS : TOWN OF SOUTHAMPTON.
mand the sd neighbors of East hampton or part of them reply- ed that they the said Mr Stanborogh & Mr Scot might take their course, whereupon they delivered a warrant signed by Ma- jor Mason requiring some of East hampton to appeare to answer the case at Hartford on the first thirsday in September next, which warrant was accordingly served by the Marshall on Mr Thomas Chatfield, Witnes
HENRY PIERSON Register.
At the quarter Court, in December 1660 Tho. Diament not appearing to answer Joseph Rainer, the Cort considering the matter doe defer the tryall and refer Joseph Raynor to ve Cort in march, And doe appoint the eunstable to keepe Tho. Diament his cow attached or hire her keeping till the said Cort for Dia- ment his appearance to answer, At the sd Cort, concerning the action wherein Priscilla Nap is plf and Win Mulford defendt. the said parties namely the defendant by himself, & ve pif by her attorney having refered ye matter of or in diference unto the award of the 2 magistrates, & the jury to be ended in way of Arbitration, they doc conclude and agree as followethi that the detendt Wm Multord shall pay to the plf or her Attorney the mare colt that came of the defendts mare the last yeare, it being in good condition, and it being seen soe to bee by 2 men that are competent witnesses, the same is to be esteemed as a real delivery there [ PAGE 7] of, and the said colt is to run with the dam, untill the spring next without being molested by the defendt or by his meanes, But in case the defendt see canse to take up his mare then hee shail keep the colt well with the mare untill the plt have sufficient warning & alsoe competent time to fetch it away. Moreover in case the said colt bee not in being as afore said then the detendt is hereby ordered to procure and deliver to the plt or her assigns another good ordi- mary mare colt of like age at or before the first of may next. And as concerning the costs of ye present suite concerning the premises the plf and defendant are to bare cach of them the charge they have disbursed or that which they have paid or properly ate to pay, and this is and is to beo yo finall conchi-
5
RECORDS: TOWN OF SOUTHAMPTON.
sion and ishue of the said difference concerning the said action
witnes our hands the 4 of Dec. 1660
THO. TOPPING THO. BAKER R. BARRETT
SAMUELL CLARKE JOSHUA BARNES THOMAS COOPER
THOMAS HALSEY JOHN TOPPING THOMAS GOULDSMITH,
Dec. 4 1650 At the afforesaid quarter Cort.
In the first action entered by Win Edwards plt against Na- thaniel ffoster detent, the Cort give judgment as followeth, first that the defendt restore vnto the plt the writeing or bill of sale for the howse and land. Secondly the defendt shall pay to the plf 26 s and to the cuntry 40 s in respect of the defendnt his miscarrage, but the said 40 s to the cuntry is to be paid when the euntry demand it. Concerning the second action wherein WVm. Edwards is plf, the defent doth appeale to Hartford Cort, [PAGE 8] namely the generall Cort, in may next. And Chris- tophır ffoster doth binde himself in 30 £ to prosecute the said appeale. And the plf doth binde himselfe in like value to ans- uer. Alsoe the plf namely Wm Edwards doth concerning the first action appeale to the said cort at Hartford, and bindes himselfe in 10 £ to prosccute and Xtopher ffoster doth binde himself in like value to ansnr.
Feb. 14 1660 Joseph Rainer haveing an attachment for a mare that is claimed by Barnabus Horton of South old and the sud attachment is in behalf of John Lum, hee the said Joseph ingageth yt ye sd John Lam shall mike ansner to him ye sd Barnabas or to any in his name that shall sue for the sd mare at the law [ Note] the above mentioned agree.
At the quarter Cort March 5 1650 the Inry sworne Ioshua Barnes Leitt Post Ionas Bower, Tho. Halsey j; Tho. Topping Edward Howeil Lohn Ogden Isaac Willman.
Tho. Pope plf against Wm Ludlam defendt in an action of the case concerning his abuseing the pits servant. Tho. Pope plf against Win Lndlam defent in an action of the case con- cerning deficient grinding.
6
RECORDS : TOWN OF SOUTHAMPTON.
John Laughton plf against Mr Iohn Howell defendt in an ac- tion of tresspass upon the case.
John Cooper jr pif against Christopher froster defendt, in an action of the case.
Mr. Josiah Stanborogh plf in an action of the case against Mr. John Howell & his abettors concerning land determined,
Mrs. Stanborough as plf in the review of an action depending and tryed between her & Mr Rainer at ye Cort April 30 1630.
Henry Pierson in action of tresspass upon the case, and Tho Burnet defendt. In this action ye parties compounded and agreed.
In ve first action wherein Tho. Pope is plf the jury find for the plf Cort charges, and concerning the fact of ye defent in respect of ye plf his servant the jury leave that to the magis- trates if there bee noe law of ye Collony presisely to guide therein.
[PAGE 9.] The charge ariseing on the first action wherein Tho. Pope is plf against Wm Ludlum defent according to the Iudgmt of the Cort amounteth to 15 s 8 d the particulars are as folloueth, to the Iury 6 s to the eunstable 4 s 2d to the Regist 3 s 6 d attendance about it 2 s, and the Cort give judgement that the defendt shall pay therof to the pif because of the de- fendts miscarriage 8 s 8 d, the plf shall pay the rest at present, And the plf his man shall (for his miscariage towards the de- fendt) repay to the plt the 8 s Sd which hee at present disburs- eth as above said. In the action wherein Mr. Stanborogh is plf against Mr lohn Howell defendt the Fury's verdiet is as follow- eth, concerning the 15 acres specified in the parties declaration. they finde for the defent Secondly that the tenn acres that belongeth to the allotment that sometime was Mr flield is to bee reserved in the townes hand nntill the plf and lohn Jessup, doe (leere it whoe is the right onner there of. 3 concerning the rest of the particulars the jury finde for the detendt with increase of Cort charges. (The plf appeals to hart ford.) In the action wherein JJohn Cooper Jr is plf against Christopher foster is deft. the jury finde for the plt 2 d damage and Cort
7
RECORDS: TOWN OF SOUTHAMPTON.
charges and it is only in refference to the distress taken by deft in februay last, In the second action entered by Tho, Pope plf against Wm Ludlam deft, upon the request of the detent he hath liberty to ansur the said action next Cort, and is then bound to ansur.
Samuel Davis having by his owne confession taken away divers particulars of house hold stuff from a private place where an Indian squa had hid them and the said squa making con- plaint against him hee hath 3 days time given him to make ye sd squa satisfaction, and the magistrates doe further award that lee the said Sam. upon penalty of 10£ shall appeare at the next quarter court which is in Sept. 61 to ansur his said fact, & in the mean season to be of good behaviour. At the quarter conrt, Sept. 61 Sam. Davis appeared, and the squa being satisfyed, hee is bound to appeare next Court, and till then to bee of good behaviour, and to bee at the further award of the Cort., At December Cort Samuel appeared.
[PAGE 10.] At the purchased* Cort granted to Win Ed- wards held the last of April 1661, Wm Edwards plf against Mr Tho. Baker detendt in an action of trespass upon the case con- cerning his taking away of a share of whale which belonged to the lottment which hee the plf bought of Nathaniel Foster. Wm Edwards plt against Mr. Baker & Mr. Mulford defendt in an action of the case concerning their being chist agents or in- struments in the ill and wrongfull usuage of his wife. The de- fendts being legally called appeared not.
May 29, 1661 Mr Anthony Waters in behalf of Mr Tho. lames entereth an action against John Ogden concerning a bul- lock which the said Mr lames saith he hath lost and conceives ye sd Mr Iohn Ogden hath taken away. Thomas Burnet en- tereth an action of Battery against Richard Post. Left Post entereth an action of tresspass upon the case against Thomas Burnet deft. At the Cort Inne 4 1661 Tho. Diament plf in an action of the case against lohn Hains deft.
*The term "purchased court " seems to be applied to a court held to try some particular case.
W. S. P.
8
RECORDS : TOWN OF SOUTHAMPTON.
The jury sworne Rich. Barret Mr Iohn Ilowell Edward Hlowell Iohn White lonas Boner Ioshua Barnes Sam. Cleark Tho. Goldsmith.
John Cooper Jr plt in an action of ye case against Thomas Halsey Sen deft.
In the action wherein Mr Iames is plf against lohn Ogden defet, The jury finde for the plf, And that the deft is guilty, the plf desiring judgment the magistrates and Iury concuring doe award and order that the deft shall pay to the plf 10£ damage with increase of Cort charges.
[PAGE 11.] In the action wherein Tho. Diament was plf against Iohn Haines deft, the jury finde for the plf that the ex- change of their accommodations made by them is and was legall, and that the defent. shall pay to the plf 10 s damage with Cort charge.
Concerning the action entered by John Cooper Jr plt against Tho. Halsey defendt, the Cort and Iury ishue the matter as followeth, they finde for John Cooper that the 30 S due for killing the woolf shall be paid to him in the next rate made in ye town and that to bee a final conclusion concerning the said business.
At ye quarter Court Sept. 3 1661.
ffrancis Sayre plf Against lames Herriek defnt in an action of tresspass. Mr. Iohn Ogden and John Woodruff Ir plfs in an action of tresspass upon the case against Isaac Willman in be- half of himself or in behalf of the town or both.
Isaac Willman plf against Tho. Sayre deft. concerning the detendant his repleiving his hogg.
In the action wherein Mr Ogden is plt the parties compound and agree. In the action wherein Isaac Wilman is plt the deft namely Tho. Sayre ingageth to pay the plf 5 s & cort charges as the magistrates shall award. In the action wherein ffrancis Sayre is plf the cort proceed not but by consent they refer it to be determined at & by the next towne meeting.
[PAGE 12.] Will of losial: Stanborough [Abstract]
In the name of God, amen, I Josiah Stanborough being sick
9
RECORDS: TOWN OF SOUTHAMPTON.
in body but in perfect memory doe make and ordaine this my last will and testament this 6th of July 1661. First I give my soul to Alnighty God, and my body to bee burried at Saga- ponack by my former wife. I appoint my son Peregrine sole executor. I give my wife Alce 1-3 of my land at Sagapon- aek within the fence, provided she maintain 1-3 of the fence, and after her death the land and fence to return to my son Peregrine. I beqneath to my wife Alce 12 head of Cow cattell proportionably old and young, and 20 sheep. I bequeath to my dawter Sarah 12 head of cow cattle (those which she cal- leth her own to be part of them) also 20 sheep. I bequeath my dawter Mary 10 cattle and 20 sheep. I give my son Iosiah 10 head of cattle, and 20 sheep. I give my wife Alee my horse on which I used to ride. I give my daughter Sarah my old mare. And to my daghter Mary a filly about 3 years old. I give my sor. Iosiah my young horse lately gelt. I give to my son Iosiah all my land at Sagaponack with out the fence. I give my children Sarah Mary and Josiah 18 parcels of pot ware. I give my wife Alce 6 parcels of pot ware, now in use in the honse. I give my daughter Sarah one feather bed and bowister and a pair of blankets that are to come from the weavers, and 50 lbs of wool. I give my daughter Mary a feather bed, boulster, and (PAGE 13) pair of blankets. I give my danghter Mary a piece of stuff greene grogram to make her a gowne. I give my wife Alce 3 yards of broad rloth. I give my daughter Sarah 12 yards of black grogram to make her a gowne. I give to my daughter Mary two pieces of red peniston to make her a petty coat. I give Josiah soe much yellow cotton as will make him two waist coats. I give him half my wearing clothes. I give to my 4 youngest children cach a bar of iron. I give the poor of Southampton 5£. I give my wife Alce at her request a bed case made of hemp with boulster. I give my 2 daughters each 2 pairs of sheets, and my wife is to yeald up her right to the land of Goodman Iessup hee bought of mee. I doe appoint my wife and children to live to gether and to be supplied with corn for provisions, and seed ont of the stock
10
RECORDS : TOWN OF SOUTHAMPTON.
Unto the truth of the premises wee are eye and ear witnesses THO. TOPPING JOHN COOPER JR
At the quarter Court Sept. 3 1661 the aforesaid will being pro- duced, it was proved by the above said John Cooper Jr who did depose to the truth of every particular bequest expressed in the said will, and by Capt. Thomas Topping who deposed alsoe as before except only the bequest of the yellow cotton to Mr Stansborouh his son Iosiah, and halfe his wearing clothes ; and 4 barres of iron.
At the said Cort Peregrine Stanborough who is executor of the afore said will had oath administered to him to bring in a true inventory of the estate.
An inventory of the estate of the late deceased Mr Iosiah Stanborough as folloueth
16 eowes
64
00
00
4 young oxen
21 00 00
8 steers come 4 years old
44
00
00
7 steers & 2 heifer cows 3 years old
38
10
00
3 steers & 2 heifers come 2 years old
15
10
00
13 calves
13
00
00
150 sheep
70
00
00
12 hogs
10
00
00
A goat
00
06
08
a mare and horse
21
00
00
a bay mare & filly
20
00
00
the old horse
10
00
00
the young horse
09
00
00
the hay and wheat
22
00
00
3 acres of Indian corne
05
00
00
6 little iron pots
02
08
00
4 pots
02
12 00
5 iron kettles
01
10 00
6 skillets
01
10 00
S
d
2 old oxen
16
00 00
11
RECORDS: TOWN OF SOUTHAMPTON.
4 mortars 14 s 4 pots 4 £ is
04
14
00
2 iron kettles
02
10
00
5 barres of iron
03
10
00
wheels and old iron and other lumber
05
00
00
4 iron pots
02
15
00
iron ware sold to East hampton
11
10
05
broad ax Iack and other tools hookes
02
10
00
92 lbs of wool
06
00
00
6 pair of sheets
06
00
00
a bed & 2 rugs
03
00
00
bed tick and pair of blankets
03
06
00
a fether bed and bolster and? some other old bedding -
03
10
00
wearing clothes
08
00
00
2 hats broad cloth kersey and stuff
08
00
00
2 peeces of stuff
07
14
00
a piece of broad cloth
03
00
00
a gun sword & pistol
03
00
00
2 chests and boxes
01
00
00
a table & 10 barrels
01
10
00
[PAGE 15.] pewter and some other things
01
10
00
a grind stone & pails
00
10
80
a firkin of butter
01
08
00
the howse land and accommodations
150
00
00
4 brass kettles, a friing pan a tramell ? and 2 pair of pot hooks
06
00
00
buttons silke cardes, a remnant of cotton and other lumber
02
10
00
a fether bed, 2 bolsters and a) blanket and 2 pillows
05
00
00
a winnow sheet, and woolen yarn and some other things, S
01
10 00
[PAGE 16.] Memorandum, that I Alce Stanborogh the late wife of Mr losiah Stanborough deceased, beeing by virtue of the pleasure and order of the Cort of Southampton to receive into my hands the estate belonging unto my three children,
01
15
00
12
RECORDS : TOWN OF SOUTHAMPTON.
which estate is in the hand of Peregrine Stanborough as being my said late husband his executor, and concerning which estate my said late husband became bound nnto New Haven Cort. I the said Alce doc hereby binde myself my heirs execulors Ad- ministrators and assignes in the full and just some of two hun- dred pounds to save harmless the said Cort and Peregrine Stanborongh from all damage which shall or may come to them or any of them, or any other by reason of my receiving into my hand the said estate. And to deliver them from any and all inconveniences that may come by reason of the said bond given by my said husband unto New Haven Cort. And if gods providence soe order it in time future that I alter my condition or depart this Jurisdiction, I shall and will put in or procure unto the said Cort of Southampton and to him the said Peregrine such standing security to like value mentioned, to deliver them from damage, witness my hand this 3 of Sept. 1561 hr ALCE x STANBOROUGII mrk
Witness Henry Pierson Regst.
[Abstract] (at the quator cort Sept 3 1661 Mrs Stanborough chooses 2 men Christopher ffoster and Tho. Halsey, and Pere- grine S. chooses John Cooper jr and Iohn Topping, and the Court adds Iohn Iessup, to divide the estate of Iosiah Stanbo- rough, and each legatee is to pay their proportion of the charge of division.)
[Abstract] (Christopher ffoster of Southampton being one of the select men chosen for this occasion, acknowledges the re- ceipt (with his partners Iohn Howell & Ri. Post) from Pere- grine Stanborough, of all the estate lett to Iosiah S. by his father)
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