Records of the town of Southhampton, with other ancient documents of historic value, Vol. II, Part 4

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: 412


USA > New York > Suffolk County > Southampton > Records of the town of Southhampton, with other ancient documents of historic value, Vol. II > Part 4


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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presence of Thomas Halsey


John Langhton.


A true copy by me HENRY PIERSON Regist.


The atoresaid will was proved in court.


An envoice of the the estate of the late deceased John Cooper. S


10 mares


120


00


1 horse


10


00


00


4 horses 3 years old


30


00


1 yearling horse


0.3


(1)


2 mares, foals


22


00


00)


4 horse conlts


111


00


00


4 mare foals


82


00)


4 horse colts


28


00)


00


3 cows


15 00


0()


27


RECORDS: TOWN OF SOUTHAMPTON.


A bull 4 years old


04


10 00


A yearling heifer


01


15 00


3 calves


02


10 00


1 Bed and furniture


10


00


00


All the old iron & lumber


04


00 00


Pewter


01


08 00


A mortar, brass & brass pot & kettell & other brass 02


06 00


A iron pot


00


10


00


Sheets & other linen


01


10


00


chests & boxes


00


16 00


Gold & silver spoon & other small thinge


01


10


00


Books


01


00 00


House & land


21


00 00


Sheets & other linen


02


00


00


Wearing clothes


11


00


00


1 hat & spectacles


02


00


00


A chest & stockings


01


00


00


A buff coat


02


00


00


Sum total


374


15


00


A true copy by me


HENRY PIERSON Regist


[PAGE 35.] In the purchased Cort Jan. 15 1662 Iohn Cooper plf in an action of tresspass vpon the case against Joseph Raynor Richard Ilowell Thomas Cooper and Samuel Dayton defendts concerneing theire takeing away whale off from the beach.


This present 15th of Ian. 1662 part of Shenecock Indians with Pametsechs squa in presence of the Cort doe say that they have given and made over all their land from Niamack over to the old gutt, westward vuto Capt. Topping with all theire In- terest in the beach and what whales shall be cast therevpon, & the said Indians allsoe say that they doe this in the name of the rest, and they further say that they thot their bounds goe to masspootupaug which is the west end on the South side, and they say alsoe that they did give & make over as aforesaid last


28


RECORDS : TOWN OF SOUTHAMPTON.


spring, and the west bound on the north side is at Peaconnet and soe cross over to the sd west bounds on the south side, Arthur Houell being imployed herein by the Cort as Interpeter.


The Tury at said Purchased Cort, Richard Barret Tho. Chat- field Ier Mechem Iobn Stratton Wm Edwards Joshua Barnes Jonas Bouer Rich. Post lohn Woodruff Sen Obadiah Rogers John Iagger, Thomas Pope.


The verdict of the jury concerning John Cooper plf and Joseph Raynor and his eo partners is the jury find for the plf all that peece of whale that was cast vp against that neck com- only called Mr Ogden's neck with increase of Cort charges.


[Abstract of deed ] Iohn Oldfield of Northampton on Long Island tanner sells to lohn Iennings cord winder of said North- ampton, his house and home lot at Northampton, with all flow- ers of boards, and seelings and partitions, as witness my hand this 26 day January 1662


witness lohn Harve


the marke of IOIN M OLDFIELD


lohn Laughton, [Note by Northampton is meant North sea] At the quarter Court March 2 1662 Capt. Topping and Tho. Halsey being discoursing Thomas Halsey said to the apt. that hee would not take his word, those that are covenant breakers I will not trust them.


March 2, 1662 I Tho. Burnet doe hereby acknowledge my- selte weake in poynte of bargaining and doe hereby consent to ye motion of this Cort, that what soever bargaine I make here- after to the value of 20s without consent of Henry Pierson is of noe efect to bee A THOMAS BURNET'S mark.


[PAGE 36.] (Abstract of action of Court) [The action o Lohn Cooper & Richard Beimit, the plf appeals to the court at Hartford, and both parties give bonds to appear. ]


Peregrine Stanborough plf in an action of the case against Mrs Alce Stanborough Mary Wheeler and John Wheeler defends, concerning threatening words of dangerous conse- quence, and fraudulent actions. John Paine plf in an action of slander against Jeffrey lones deft.


29


RECORDS: TOWN OF SOUTHAMPTON.


Joseph Rainer plf in an action of tresspass vpon the case against Ann White deft. concerning a cow of his that was drowned in a pit that shee digged or caused to be digged.


Jeffrey Iohnes plf in an action of deffamation Against Mary the wife of Iohn Paine deft.


An action of debt entered by or in behalf of Capt. Iohn Scot plf against Abram Whiteiar of Southhold defendt.


[PAGE 37.] The Inry, Richard Barret Mr Tho. Chatfield Ter Mechem John Miller Edward Howell John Jagger Obadiah Rogers Iohn Iessup.


In the action wherein Peregrine Stanborough is plf, & Mrs Alce Stanborough John Wheeler & Mary Wheeler defends, the jury find for the plf for ye felloniously taking away of his goods & uniust mollestation, the some, of 10£ with increase of Cort charges further the Inry finde the delinquents guilty of breach of saboth & breaking vp of the plfs howse, which they leave to ye judgement of the Cort.


In the action of Slander lohn Paine beeing plf and Ieffrey Iohnes deft, the fury finde for ye plf 30s damage, and a confes - sion & acknowledgement of the injury and wrong done to the plf's wife according to the nature of the offence, in the publique meeting at Southhold in some short season as may bee conven- ient when the said defendt shall bee legally called therevnto. But if the defendt shall refuse to make such confession and ac- knowledgement then the aforesaid damage is to bee 10.€.


In the action of John Paine plf against Jeffrey Iohnes the jury find for the plf 10s and Cort charges.


[PAGE 38.] (Abstract) [Henry Pierson is appointed by Court to proportion the charges to be paid by each of the heirs of Josiah Stanborough.] (See page 17)


At the quarter Court Iune 2 1663 Joseph Raynor plf in an action of molestation, and breach of covenant against Tho. Di- ment, detent appeared not. The Court adjourned untill this day come 7 night being tewsday.


Capt Iohn Tallcott plt against Tho Diment deft in an action of debt and damage.


30


RECORDS : TOWN OF SOUTHAMPTON.


Mr Richard Lord plf in an action of debt against Tho Diment Capt Tho. Topping plf against John Cooper detendt in an action of tresspass vpon the case, for seazing eutting and dis- poseing to his owne vse a certain whale or great fish cast vp within the bounds or limits of the plf his interest to his trouble and damage to ye value of 20€.


[PAGE 39.] (Abstract) {In the action of Capt. Tallcot against Tho. Diment the court gives deft liberty to answer at next Court-]


In the action wherein John Cooper is pif and Tho. Diment the jury find for the plf ve debt being 5s 9d with 10s damage and cort charges. In the action wherein Mr Lord is plf against Tho Diment the jury finde for the pif the debt being 5€ 1s 3d and 50 shillings damage with increase of Cort charges.


In the action wherein Joseph Raynor is plf against Tho Di- ment the jury find for the plf 3s 4d with Cort charges.


Whereas Wm Edwards of East Hampton was fined by Mr Baker at the said court it was concluded by our 3 magistrates with Mr Baker that the said fine should not be levyed yet vntil further theire consideration and order.


[PAGE 40.] Iune 9 1663 John Cooper entereth an action of mollestation and an action of felony against Richard Bennit. The jury finde for the plf 93 8d for witnesses and 5 shillings damage besides Court charges, in the second action (of felony) they find Richard Bennitt guilty.


Inne 9, 63 Mr John Langhton complained to the Cort that there was Saboth breach and felony committed in Mr. Ogden's house. [Note added] luly 1, 63 Mr Laughton acknowledg- ed his miscarriage before our magistrates, as alsoe that hee knew nor coukl prove any such facts committed.


The Court doe finde that ye foresaid Richard Bennit hath fellonionsly taken ont of the house of John Cooper, one pair of worsted stockings, which beeing apprized by two indiferent men are valued at twelve shillings. And the Cort doe judge the said Richard to pay vuto John Cooper according to the law treble damage which comes to 48s.


31


RECORDS: TOWN OF SOUTHAMPTON.


At the Cort Ist Sept. 1663 Wm Edwards entereth an ac- tion of Slander against John Miller. The jurey at sd cort Richard Barret loshua Barnes Obadiah Rogers Christopher Lupton Ionas Boner Ier Mechem lohn Stratton Benjamin Price


The jury finde for defut. and the Cort order that Win Ed- wards is to pay the charges of the Cort, and John Miller is to pay 10s of it.


[PAGE 41.] John Miller entereth an action of the case against Win Edwards for breach of the Lawes both of Towne & Collony for disposing of liquors & other drink, and keeping disorder in his house The pleintif withdraws the action.


Edward Shaw being convicted yo second time of drunkeness is awarded by the C rt to pay 20s.


At the said Cort Samuel King being had in examination about his deficiency in non payment of his due to ye ministry at Sonthold, it is determined by the Cort that look what is due from him ve said Sam. in ye forementioned respect according to Mr Young of Southold his accompt shall bee demanded, and if hee ve said Sam refuse to pay it shall then bee levyed by the cunstable by way of distress whereby the said Mr Youngs may bee satisfyed forthwith in current pay. And whereas hee the said Samuel was convicted of ye neglect of attending ve publick ordinances, it is ordered by the Cort that it henceforth hee shall proceed to such said neglect hee shail pay 5s per time according to ve law.


Richard Bennit answereth in ve action of felony entered against him by John Cooper And the said Rich. beeing con- vieted of thett is ordered by this Cort to pay vnto John Cooper single damage, which cometh to the sum of three pounds, and to pay Cort charges, and to have corperall punishment.


(Abstract.) John Cooper by his atty agrees to make answer under the suit pending between him and Capt Topping.


[ PAGE 42.] At ve purchased Court Nov. 18 1663 Capt Scott plf Charles Barnes dett, in an action of Slander 100£ damage Capt. Scott plf, Henry Perry deff. in an action of


32


RECORDS : TOWN OF SOUTHAMPTON.


tresspass vpon the case. Garret Travis plf against ffrancis Sayre deft in an action of debt, in this action the parties come to A compound. Concerning the action of Slander above en tered vpon Charles Barnes bis ample acknowledgement of h's tavlt, Capt. Scott forgave him ve offence, and ye Cort ordered that what charges is expended about the said business shall bee paid by the the sd Charles Barnes.


Whereas complaint is made by Mr Odell to this Cort that Charles Barnes behaved himself sordidly and slanderously towards him, & desireing relief, this Cort binde ye said Charles, and ye said Charles obligeth himself in ye some of tenn pounds sterling to satisfy Mr Odell for ye abyse hee suffered as afore- said, or else to appear at our next quarter Cort, and to answer the said evill demeanor. ye quarter court is to bee ye first tewsday of December next. In and concerning ye other ac- tions of tresspass Capt Scott bindeth himself in 100£ to prose- ente, and Henry Perry bindeth himself in 100€ to ansur, the sd case here this day 6 weeks.


[Note at bottom of page] Ihn Dains enters his ear mark Nov. 1749.


[PAGE 43.] Mr Iohn Laughton enters an action of debt and damage in ye name of Wm Yates of Hempstead, against Tho. Diment.


Joseph Rainer in an action of tresspass vpon ye case, (con- cerning a pit was digged in the common whereby he was damni- fied) against Zerobbabel Phillips and his wife. Ann Phillips according to her ingagement produced her son to the Cort, soe answered her bond. At the said Cort Dec. 1, 1663.


[Abstract] (Thomas Diments case postponed till March, and lohn lessup is bound for said Diments appearance)


In the action entered by John Cooper in Iune last in behalt of Capt. Tolleot against Tho. Diment, the jury find for the plf 14£ 10s 5d with cort charges.


[PAGE 44.] Dec. 1st 1663 At ye said qaarter Court, in the action entered by Joseph Rainer plf against Zerobbabel Phillips and his wife defts. the jury find tor the plf that the


33


RECORDS : TOWN OF SOUTHAMPTON.


deft had tresspassed by digging in the common & thereby the cow lost her life, and that the defts are to pay Cort charges. And the Jury leave only the prizing of the cow to the court. The defts appeale to the General Cort at Hartford in May next, And bind themselves in 20€ then and there to prosecute, the plf bindes himself in the some of 20£ then and there to answer the appeale.


[Abstract, ear marks entered by] (Richard Wood Wm Ien- nings Ionathan Raynor Samuel Clark Iohn Woolly Wm Ien- nings Daniel Bower Dicken (?) Iohnes) 1727


[PAGE 45.] This writing witnesseth an agreement betweene Capt. Iohn Scott of Ashford, and Richard Smith sen eiusd* that all that tract of land once in the possession of Lyon Gardiner, & lying Betweene Cow Harbor and Neesaqnauk river shall bee equally divided between Capt. Scott & the said Richard Smith, the said Capt. John Scott beeing to pay to Richard Smith the some of 25 pounds sterling, vpon demand next after this date Nov. 22 1663, further the said Capt. Scott is to inioy the said tract of land to him & his heyres forever, and wee doe bind ourselves to doe any thing yt may tend to the strengthning of our right in ye premises, witness our hands the date above said


Witness Tho. James RICHARD SMITH


Henry Pierson JOHN SCOTT


A true copy per me Henry Pierson Regist.


Know all men by these presents that whereas Richard Smith of Ashford alias Seatank on Long Island have by writ- ing bearing date Nov. 22 1663, made a full and firme covenant with Capt. John Scott of the said towne Esq. concerning the land I bought of Lieft Lyon Gardiner, which said lands are a certain tract lying and being bounded betweene the river Nees- equauk and the head of the cow harbor, the next river south or southeast from Huntington and distant about 3 miles from ye said Huntington. And hee the said Capt. John Scott being by


* For ejusdem (of same place.)


W. S. P.


34


RECORDS : TOWN OF SOUTHAMPTON.


the said agreement to have half the said land vpon a just devis- ion for which hee is to pay me 25 pounds. And whereas hee the said Capt. Scott did lay claime to all the said tract of land (I purchased as aforesaid) by vertue of bargaine with the said Leift. Gardiner formerly, by meanes whereof hee the said Capt. Scott became debtor vnto him the said Lyon [PAGE 46.] Gar diner, I say I the forenamed Richard Smith doe hereby bind myself my heirs that neither the said Lyon Gardiner nor any in his right or name shall molest him ye said Capt. Scott or his heyres, in respect of the said bargaine or covenant betweene them concerning the said land. And I further binde myself my heirs, never to make any claime of Interest in the said pro- portion of land made over as afore said, by the said covenant witness my hand this 22 Nov. 1663.


RICHARD SMYTIL.


Witness Henry Pierson Richard Howell Iohn Youngs.


Received this 21 day of November 1688 of Mr Isaac Halsey the sum of one hundred twenty nine pounds, 13 shillings and seven pence half penny, for the assessment of the county of Suffolk. I say received for the towne of Southampton New York


MATII. PLOWMAN


This money above said was payed towards the Defraying of the charge of the souldiers keeping at Albany the last year. | Notes at bottom ] (Thomas Lupton Nathaniel Halsey, Oba- diah Rogers have stray cattle in charge)


[ PAGE 47.] July 28 1659 Be it known vnto all men by this present writing that I Wiandance Sachem of Pawmanack or Long Island, and with my sone Weeayacomboun, have sold vnto Lyon Gardiner, his heyres excentors, or assigns, I say I have sold all the bodys and bones of all the whales that shall come vpon the land, or come ashore, from the place called Kitchaminfchoke, vnto the place called Enonghqnamuek, only the fins and tayles, of all wee reserve for ourselves and Indians.


35


RECORDS : TOWN OF SOUTHAMPTON.


I say I have sold with the consent of Wannuggeasheum and Tawbaughauz Sacheins of the places aforesaid, I have sold all the whales that shall come vp within the bounds aforesaid for the space of 21 yeares ensneing the date hereof. But if any whales shall bee cast up they shall bee judged by ye English and Indians whether it bee a whole whale or half or otherwise but for every whole whale that shall be cast vp the aforesd Lyon Gardiner or his assigns shall pay or cause to bee paid vnto mee Wyandance my heyres executers and assignes the sum of 5 pounds. But if it bee not a whole whale then they shall pay according to proportions and this pay shall bee paid within two years after they have cut out and carried home the whale to their houses. But in case there shall not fowre or five whales come vp within the terme above said then shall the affore said Lyon Gardiner or his Assigns have the next 5 whales that shall come vp after the tearme. And for the true performance of the premises wee have herevnto set our hands and seales


The Sachems mark, WEEAYACAMBOUNES mark BENJAMIN PRICE


Signed sealed & delivered In presence of vs


Jeremy Concolin David Gardiner.


Whatsoever Wiandanch hath done or his successors may doe with and besides this act of selling whales wee own is and was his to make sayle of, and his heyres, and not ower nor our heyres.


TOW BACKCOWZ his mark WENAKCEASKAUM his mark.


Witness Richard Howell John Smith.


[PAGE 48.] This subscription of the two Sachems under the seales was their own act voluntary without any compulsion witness Zerobabel Phillips Joseph Raynor Thomas Halsey This writeing with all the rite that is within the houle peaper


36


RECORDS : TOWN OF SOUTHAMPTON.


hear expressed I Lyon Gardiner do fully make over and ingage to Anthony Waters of Southampton


witness my hand his


LYON GARDINER.


Witness John M Mulford Iohn Hand


mark


ffurther Anthony Waters aforesaid ingageth to perform the conditions in this writing expressed witness my hand


ANTHONY WATERS


A true copy with the form and maner thereof as it was given to bee recorded,


HENRY PIERSON Regist.


[Abstract] (Anthony Waters makes over to Thomas Cooper in consideration of the horse hee last broke come 3 years old, all his right in the beach aforesaid. Oct. 5 1662)


[PAGE 49.] An agreement betweene the great Sunk squa Quashawam, and the Indians of Shinecock as folloueth, viz that ye said Indians from tyme to tyme, and at all tymes hereafter strictly observe this firm league never to bee broken on either side, and that it bee maintained by the authority of ye Long Island, And in order therevnto it is determined, ffirst. That Shenecock Indians as now doe ever hereafter owne Quashawam to bee their supreame, and pay her all honour according to the custome of the Indians. And that they maintain her in all prerogatives according to former enstomes, in relation to other Indians, to their power.


2 That Quashawam doe not Authorize any Indians of Man- tacut to plunder the Shinecock Indians until the chiefe English namely the authority, bee first acquainted with the neglect of those her Indians of Shinecock above said, and not findeing re- lief to proceed as formerly. 3d That after the death of Quash- awam, Awansamawge her unchles son have the sole power, and after his decease hee not having an heyre male, to the son of


37


RECORDS : TOWN OF SOUTHAMPTON.


Corchaug Sachem. And after his death to Ponoqt son of Sas- agatacco whoe is the meantime to bee looked vpon as a Sachem. And for want of heyres male from him, to the children of Quashawam, and for want of ishue from them to ye nearest of blood to Wyandank then to bee found. 4th That Awansam- ang bee placed at Shinecock this next summer, 1664, and there remain in subordination to Quashawam vntil hee bee one and twenty years of age, and then to bee the chief Sachem of Shinecock, and subordinate to the said Quashawam only in generall concernments. 5th That if Meantacutt Indians shall not pay tribute to Quashawam, true heyre of their master Wyandanch, that then the said Shenecock Indians and ye anthority of the Long Island (or without ye said Authority if Quashawam desire it,) cause them ye said Meantacntt Indians to pay their obedience in every respect. And soe all other In- dians on Long Island afore said. 6th That there bee from this time a vniversall forgetfulness in relation to any hostility on either side. 7th and lastly. That the Indians of Shinecock paying fourty pounds to the English of Southampton on Long Island aforesaid, and fully cleare Mr Ogden of the said debt, of fourty pounds, as premised that then [PAGE 50.] they shall bee acquitted for ever of their part of the fire money. To every of these Articles Clauses and Agreements the sunk squa Quasha- wam, and fowre of ye Shenecock Indians, in the name and by the consent of the rest, as being impouered, before the English of Southampton that are here subscribed as witnesses.


Signed sealed and delivered The mark of QUASHAWAM for the end premised, the Sunk Squa


11 day of Feb. 1663 John Howell


ye mark of QUAQUASHAUG


ye mark of MIASKHONSE


Thomas Baker


ye mark of MACCABACO


James Herrick


ye mark of M APPANCH


joseph Rainer.


Feb. 11, 1663 The Sunk squa Quashawam doth desire and impower irrevocably her ancient and great friend John Scott


38


RECORDS : TOWN OF SOUTHAMPTON.


to examine and demand & sue for vpon refusall pay for all lands on Long Island bought and not paid for and on the Islands adjacent possessed by English or Dutch, and vpon re- ceipt of Satisfaction to acquit them, and to sell all lands not already sold. And to receive satisfaction for them, and to con- firme them for ever, witness my marke and seale


Signed sealed and de- the mark of S QUASHAWAM Sunk Squa


livered in presence of Tho Baker


Tho Chatfield


A true copy as given in by ve hand of Capt John Scott to be recorded Feb. 17 1663


HENRY PIERSON Regist.


[ Abstract] (Lewis Iessup lohn Topping record earmarks)


[PAGE 51.] [ Abstract] (Samuel Dayton of North Sea cordwinder, sells to Ionathan King of Boston, his house and home lott at North sea. If said Dayton shall pay to said King 17£ 2s 7d before the 1st of December next the above sale is void Dec 28, 1663)


Mrs Alce Stanborough plf against Peregrine Stanborough defendt in an action of tresspass vpon the case. The jury were Ri. Barret Obadiah Rogers Thomas Topping, lonas Bower Tho. Cooper and Iohn lagger. Feb. 25 1663.


The jury in the case depending last Cort between Iohn Laughton in behalf of Yates plf against Tho Diment deft they finde for the deft 2d damage with increase of Cort charges. In the action wherein Alce Stanborough is plf and Peregrine Stanborough deft the jury find for the plf 20s damage with in- crease of Cort charges.


[Abstract ] (ear marks entered by Benjamen Woolley Iona- than Raynor William White, Hackliah Foster Iohn Mackie Thomas Iennings) 1733


[PAGE 52.] Whereas Capt Scott and ye towne Committees agreed for Quaquanantuck without specifying in the agreement or Indenture that hee reserved 5 acres of salt marsh in Ketch-


39


RECORDS : TOWN OF SOUTHAMPTON.


eponack neck, which 5 acres hee the said Capt. Assigned (bc- fore the said committees and others) and gave to Henry Pior- son, the towne by maior voat this 14 day of March, 63 doe order yt Henry Pierson shall have ye said proportion of marsh laid out to him, for hin, and his (viz) yt if he ye said Henry bee not content with what the towne shall apoynt him that then ye neck bee laid out by the town into soe many 5 acres of salt marsh as it will beare, and lotts bee cast, and hee the said Henry to have one of them vpon the affore said consideration. Witness John Howell.


At a town meeting March 14 1663. It is ordered by ye maior voat of this Towne that vpon ye agreement made this day concerning ye settling and disposing and paying for Qua- quanantuck, that there shall never any person or persons settle there, or within ye compass of ye purchase made by ye towne or their order, of Capt. Scott, wherein ye said quaqua, is in- eluded, nor that any keepe farme or farming within ye limits of. ye said pnrehase


Whereas there lyeth a little goar of comon land against halt an acre in ye second devision in ye little plains, of loseph Ray- nor, and between that said halfe acre, and his gin aere. The towne doe give ye said goar vuto him ye said Joseph provided hee lay downe soe much of his said gin acre as ye said goar containeth, for men to goe to their land lying to ye southward.


Tho Halsey and Henry Pierson are appoynted to goe and stake out ye east bounds of our towne on the South side accord. ing to our townes interest, as per theire best measure.


[PAGE 53.] March ye 14 1663 At a towne meeting. It is ordered that ye Indians shall bee fenced into Shinecock great neck to plant on.


It is concluded by maior voat that Mr Iohn Howell, Iohn Iessup And Henry Pierson shall levy ye monyes to be paid by our Inhabitants vnto Capt Scott for Quaquanantuck and the writeings they have recd of him and are to receive of him, and what they doe levy, and doe in that behalf shall bee authen- tick. It is granted to Win Russell Rob. Woolley and ffrancis


40


RECORDS : TOWN OF SOUTHAMPTON.


Sayre that they shall have each of them a 50 pound lot share in Quaquanantuck they paying with the town in ye purchase


It is ordered that Iohn Iessup shall be ye viewer of ye 5 raile and 3 raile fence against the great plains, and Christopher Fos- ter the fence against the little plain. And yt fence they de. termine defective shall be soe esteemed, with other circum- stances to be in force as are mentioned in the order made ye 2 Inne, 63 and if any of ye 5 raile fence bee defective any time after 2 days hence, the owners shall pay 6d per panell to ye towne. And if such owners of deficient fence after notice given them by either of the viewers, shall yet negligently or pre- sumptuously let their fence lie opeu or remain defective, then the viewers shall procure it sufficiently mended vp, and the owners of the fence shall pay ye cost thereof.




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