USA > New York > Suffolk County > Southampton > The early history of Southampton, L. I., New York, with genealogies, 2nd ed. > Part 37
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" Memorand. Before the subscribing of this present writing it is agreed that ye Indians above named shall have liberty to breake up ground for their vse to the westward of the creek aforementioned on the west side of Shinne- cock plain.
" Witnesses of the deliverie & subscribing of this writing.
" Abraham Pierson,
" Manatacut, his x mark,
" Edward Stephenson,
" Mandush, his x marke.
" Robart Terry,
. Wybenet, his x mark,
. Joseph Howe,
. Howes, his x mark,
" Thomas Whitehone,
·· Setommecoke, his x mark,
" Joseph Griffeths,
·· Mocomanto, his x mark,
" William Howe, " these in the name of all the rest.
" Recorded in ye office at New York Oct 3 1665, by Matthias Nicolls, Sec."
INDIAN DEED OF QUOGUE PURCHASE. May 12. 1659.
Bee it knowne unto all men that by this present writing that I Wiandance Sachem of Paumanacke or Long Island have upon deliberate consideration, and with my sonne Weeaycombone both of us together giuen and granted vnto Mr John Ogden and his heires forever, I say freely given a certaine tract of land beginning at the west end of Southampton bounds, which land is bounded easthwards with Southampton bounds and with a small piece of meadow which I gave to M' John Gosmer which he is to enjoy, Northward to the water of the bay and to the creeke of Accobaucke [Beaverdam stream] Westward to the place called peheconnacke, and Southerly to potunck, three miles land- ward in from the high water marke and creeke of accobancke and so along to the west. But from this three miles bredth of land South ward all the land and meadow towards the south sea, the beach only excepted which is sold to John Cooper, I say all the land and meadow I have sold for a considerable price unto Mr Jolin Ogden for himself his heirs executors and assigns for ever upon condition as followeth, first that Thomas Halsey and his associates shall have the privilege of the place of meadow called quawcanantneke the terme of years formerly granted to him or them. But the land lying betweene quawcanantucke and three miles north ward he shall or may possess and in- prove at present but when the yeares of the aforesaid Thomas Halsey shall be expired then shall the aforesaid M' John Ogden or his assigns fully possess and improve all quacannantucke meadow with the rest aforesayd, and then shall pay or cause to be payd unto me Wiandance my heirs or assigns the summe of twenty five shillings a yeare as a yearly acknowledgement or rent for ever. And it is also agreed that wee shall keep our priviledges of fishing fowling hunting or gathering of beryes or any other thing for our vse and for
452
HISTORY OF SOUTHAMPTON.
the full and firme confirmation hereof we have both partyes set too our hands marke and seals interchangeably the date and yeare above written.
In presence of us DAVID GARDINER. LION GARDINER.
JOHN OGDEN
NOTE .- The consideration for the above purchase appears to be £400 paid to Wyandanch who for this sum became surety for the Shinnecock Indians who were thus fined apparently for burning some houses in Southampton.
Nov. 2, 1667. John Ogden of Elizabethtown N. J. sells to Sonthampton 100 acres of salt marsh or meadow lying on Peaconic bay, the same having been apparently included in the above purchase.
DEED OF QUOGUE PURCHASE, 1653.
From the following instruments it appears that the land embraced in the Quogue purchase was first sold to John Ogden by the chief of the Montauk tribe, Wyandanch, and from him passed into the hands of John Scott who sold it to the town. The creek or river called Apaucuck is now called indiffer- ently the Beaverdam or Apocock stream.
This writing witnesseth an Agreement Between John Scott of Ashford [Se- taukett] on Long Island in New England, Esq., of the one part, And John Howell, Thirstan Raynor, Robert Fordham, Thomas Halsey Senior, Gent, Samuel Clark, Richard Post & John Jessup Yeoman of the other part. Wit- nesseth that the said John Scott for & in Consideration of Seventy pounds to be well and faithfully paid unto him his heirs Exec's Admins or Assigns in Chattels as they shall be Estimated by two persons Indifferetly Chosen accord- ing to the rate of beef & pork at price current, All those lands rivers waters, woods, underwoods, timber trees Marshes Marish Ground privileges Jurisdictions ways easements proprieties Emoluments whatsoever that he the said John Scott Bought or by any means acquired of Mr. John Ogden of Feversham [North Sea] lying and being bounded west on South side with a Creek or river Commonly known by the appellation of Apaucuck, And on the East with Niamuck [Canoe Place], and North with the South Side of the Neck lying between the first Creek called Iron Creek and from thence by the path from neck to neck to Peaconet about Eight Miles East and West, all which lands Meadows and privileges &c North of the said path between Peaconnet and the first Creek called the Iron or red Brook or Creek aforesaid which shall be and remain notwithstanding any pattent right Granted to the said parties above mentioned their heirs associates & Successors by Mr Farrett anno 1639 an absolute Estate in Fee Soccage without lett or Molestation to him the said John Scott his heirs and assigns forever South of the which path the said John Scott his heirs or assigns shall not feed nor Common any Cattle by Vertue of Interest in the Lands or Meadows bounded North of the path aforesaid, Nor the said John Howell &c not to be Trespassers for accidental Commonage untill the said land be fenced. To the true performance of the premises articles Clauses and Agreements the parties above mentioned have interchangeably set to their hands and seals this Second day of February Anno Dom. 1663
JOHN SCOTT.
In presence of Thomas Backer. Thos James Chas Barnes
Memorandum Mr John Ogden being present when the above deed was signed and sealed by John Scott Esq he the said Mr John Ogden doth by Sub- scribing own himself fully Satisfied in the said Conveyance and doth further
453
APPENDIX.
own that Wyandanch delivered unto him Quiet Seizin and possession of all the Lands above recited in part of pay of the four hundred pounds Shenecock Indians Stood indebted and the said Wiandanch bound for the said Indians as will more at large appear in the said Wiandanch his obligation for himself Estate and the Estate of his Indians his and their heirs & assigns for ever. JOHN OGDEN.
In presence of us Tho. Backer. Tho. James.
The Deposition of John Woodruff Junr & Samuel Dayton this end of Feb- ruary 1663 these Deponents say they were present when Wiacombowne deliv- ered unto Mr John Ogden quiet seizen and possession of all the Lands above recited with the premises mentioned and for the end mentioned in Mr Ogden his subscription above written.
This taken before me the day & year above written.
THIRSTON RAYNOR.
1ST. INDIAN DEED OF TOPPING'S PURCHASE, 1662.
This writing, made the tenth of April, 1662, between Weany Sunk Squaw, Anabackus and Jackanapes, all of them resident at Shinnecock, near South- ampton, on Long Island, on the one party, and Thomas Topping, of South- ampton, on the aforesaid Island, on the other party, witnesseth : That we, the said Weany, Anabackus and Jackanapes, have given and granted, and by these presents do give and grant, bargain, sell, assign and set over unto Thomas Top- ping aforesaid, his heirs and assigns for ever all our right, title and interest that we have, or onght to have, in a certain tract of land lying and being West- ward of the said Shinecock, and the lawful bounds of Southampton afore- said, that is to say, to begin at the Canoe Place otherwise Niamuck, and so to run westward to a place called and known by the name of Seatuck, and from thence to run northward across the said Island or neck of land unto a place called the lead of the Bay, with all the meadow and pasture, arable land, pasements, profits, benefits, emoluments, is or may be contained within the limits and bounds before mentioned, together with half the profits and benefits of the beach on the south side of the said Island in respect of fish, whale or whales that shall by God's providence be cast up from time to time, and at all times, with all the herbage or feed that shall be or grow thereon : To have and to hold all the forementioned demised premises, with all and sin- gular their appurtenances thereunto belonging, or in any wise appertaining to him, the said Thomas Topping. his heirs, executors, administrators or assigns for ever, without the lett, trouble, denial or molestation of us, the said Weany, Anabackus and Jackanapes, our heirs or assigns, or any other person or per- sons lawfully claiming from by or under us, our heirs, executors, adminis- trators or assigns for and in consideration of the four score fathom of Wam- pum, or other pay equivalent to be paid unto the said Weany, Anabackus and Jackanapes, together with those other Indians interested whose names are underwritten, at or before the first day of December next ensueing the date hereof by the said Thomas Topping or his assigns : unto the true and faith- ful performance of all the premises we have hereunto interchangeably set our hands.
In presence of James Herrick John Topping Elnathan Topping.
Thomas Topping Weany x her mark Anabackus x his mark Jackanapes x his mark
Wataugum x
Tequobin x Cobish x
NOTE. - The modern orthography of the above indicates it is a copy of a copy. But so in the town records.
454
HISTORY OF SOUTHAMPTON.
2ND. INDIAN DEED OF TOPPING'S PURCHASE, 1666.
Know all men by these presents that whereas wee the vnderwriters whoe are of the Indians of Shenecock vnderstanding that some of our Indians here, namely, Weany, Anabackus, Jackanapes and some others have sold vnto Capt. Topping a tract of land westward from Southampton bounds, we doe hereby make protest against the said sale and doe affirme yt the said persons or Indians had noe right to make any such said sale, but that ye Interest & propriety vnto the said land belongeth totally or principally vnto vs or some of vs, And wee the true proprietors of the said lands do hereby Assigne and make over all our said Interest in the said tract of land lying from a place called Niamuck or ye canoe place westward to a place called Seatuck and soe to run across ve Island (namely Long Island) vnto a place called the head of the bay or Peaconet on the North, wee say wee doe impart and Assigne all of said Interest in ve said lands (whereof Quaquanantuck is pt) vnto our ancient and loving ffriends the Townesmen of Southampton, to them & their successors for ever with this provise and consideration, that if Generale Nicolls whome wee acknowledge the honrble & discreet Govern' of this Island doth vpon examination finde vs or pt of vs to bee true pprietors of ye said lands beforementioned, And that the said Southampton men doe receive and possess the same vpon our right or accompt that then they shall pay vnto vs as his said hon' shall determine, Witness our hands this 17th of September, 1666.
The mark of O Mandush son. The mark of X Mandush his daughter The mark of ) Jonaquid The mark of S Weetetasen. The mark of | Goabes [Job's?] wife The mark of nn quaquashaw the relict of Mandush the Sa- The mark X of Punch chem. The mark of { Saugum unfitt.
The marke | of Hoaquomes.
The marke of : Tapuckhowbank.
John Smith . ) his marke.
HOGNECK DEED.
Oct. 1665. The Shelter Island Indians haue this day confirmed the purchase of Hogg neck to Southampton men forever reserving liberty of hunting & fishing & fowling upon the same and have received sixe Indian coates vpon the confirmation thereof. In full satisfaction of all their claimes to Southampton men.
in ffort James.
before me
RICHARD NICOLLS.
INDIAN DEED OF 1:03.
To all christian people to whom these presents shall come, Know yee that Pomguamo Chice * and Mahmanam Indian Sachems of ye plantation of In- dians commonly known by the name of Shinnecock and by and with ye con- sent of ye rest of their people for divers good causes thereunto moving as also for the sum of twenty pounds current money of ye province of New York to them in hand paid by ye Trustees of ye Commonalty of ye Town of South- ampton wherewith the said Pomguamo Chice and Mahmanam Indian Sachems above said acknowledge themselves satisfied contented and paid, hath given granted remised and released and forever quit claimed and by these presents themselves their people, their heirs and successors doth fully clearly and ab- solutely give grant remise release and forever quit claim unto the said Trustees namely Elnathan Topping, Joseph Fordham, Joseph Pierson, Abraham How- ell, Jekamiah Scott, Joseph Howell, Daniel Halsey, Thomas Stephens, Josiah Howell, Gersham Culver, John Maltby and Hezekiah Howell of ye Common- alty of ye town of Southampton their associates their heirs and successors
* Chice means simply an old man.
455
APPENDIX.
for ever in ye full and peaceable possession and seizin for all such right estate title interest and demand whatsover as they ye people had or ought to have of in or to all that tract of land of the township of Southampton situate lying and being butted and bounded South with the main ocean, on the North by ye Bay and peconic great river which divides ye two branches of said Island and Easterly by a line running from a stake upon Wainscott plaine to the afore- said sea or main ocean, being the bounds between ve town of Easthampton and Southampton and Westerly from an Inlet out of ye sea or main ocean commonly known by cupsogue gut, into ye South bay running Northerly np Seatuck river to the marked bound tree of the said Township of Southampton standing npon ye west side of ye main branch of said Seatuck river and from said tree extending northerly to peconic great river aforesaid, together with all and singular the liberty privileges and advantages to the same belonging whatsoever ye said tract of land and township with all beaches points meadows Marshes Swamps rivers Brooks Cores ponds of water timber and Stone belonging or in any manner of wise appertaining unto ye said tract of land or township as above bounded and all that therein is contained or in any manner of ways comprehended, To have and to hold to them the said Trustees their associates their heirs and successors with theirs and every of their ap- purtenances to the only proper use benefit and behoof of each proprietor In- habitant of said township according to their respective appropriate rights, and ye undivided land to the proprietors according to their several rights and proportions in said township and to their heirs and assigns forever, so that neither they ye said Pomguama Chice and Mamanam their people nor any of their heirs and successors nor any other person or persons for them or any of them or in their or any of their name right or stead by any of them shall or will by any way or manner hereafter claim challenge or demand any estate right title or interest of in or unto the premises or any part or parcel thereof, but from all and every action, right title interest and demand of in or to ve premises or any part or parcel thereof they and every of them shall be utterly barred forever by these presents, and in full confirmation hereof they the said Pomguamo Chice and Mahmanan and many others of their people have here- unto set their hands and seals in Southampton aforesaid this sixteenth day of August Anno Domini 1703.
Signed sealed and delivered in pres- ence of
Stephen Bowyer Arthur Davis Benjamin Marshall
ye said day 16th of August 1703 70 Indians whose hand and seals are here- unto affixed appeared before me and acknowledged this deed of release to be their free and voluntary act and deed.
attest
John Wheeler Justice
Ls] Noadian x
LS Wompi Dick x
LS Cannady x
IS
John Man x
LS Enoshott x
Frank x
IL S Appoit x
Aquaqunt x
Will son of Conck
Wombon x
Comhistuckm x
LS
Angquano x
Mosquomboim x
LS
Arthur x
Redheded Will x
LS
Quemitt x
[L S] Nogion x
[LS] LS LS LS Tomon x
Pomguamo x Chice
Mahmanam x
Wack wana x
LS J. ILS LS
Judas x
Obadiah x
Songotuck x
Achigon x
Wigan x
LS Quotagoboye x
Ben Quam X
Nahanas x
Mamhatnce x
LS LS
Toby x
LS
Titus x
Nassausyck x
LS LS LS
Wolliutt x
456
HISTORY OF SOUTHAMPTON.
DEED OF JAMES FARRETT APR. 17, 1640.
From the town records.
Know all men whom this prsent writing may concerne that I James ffarret of Long Island Gent Deputy to the right honrbl the Earle of Starling Secretary for the kingdom of Scotland doe by these prsents in the name and behalf of the said Earle and in mine owne name allsoe as his Deputy as it doth or may any way concerne myself, Give aud grant free leave and liberty to Daniell How, Job Sayre, George Willby and William Harker* together with their asso- ciates to sitt downe upon Long Island afforesaide, there to possess improve and euioy eight miles square of land or soe much as shall containe the said quan- tity, not only upland but alsoe whatsoever meadow marish ground, harbors Rivrs and creeks lye within the bounds or limitts of the said eight miles, The same and every pt thereof quietly and peaceably to enioy to them and theire heyres forever without any disturbance, lett or mollestation from the said earle or any by his appoyntment or prcurement for him or any of his. And that they are to take their choise to sit down upon as best lyketh them and alsoe that they and their associates shall enioy as full and free liberty in all matters that doe or may concerne them or theires or that may conduce to ye good and comfort of them and theires both in church order and civill Governmt together with all other Easemts conveniences and accommodations whatsoever which the said place doth or may afford, answerable to what other plantations enioy in Massachusetts Bay. But in as much as it hath pleased our Royall King to Give and grant the patent of Long Island to the afforesaid Earle: In consideration thereof it is agreed uppon that the trade with ve Indians shall remaine to the said Earle of Starling to Dispose of from time to time and at all times as best liketh him. Onely ye aforesaid Daniell How and his co- partners shall have libertie to make choice of one man amongst them that shall freely trade with the Indians in theire behalf for any victualls within theire owne plantation, but not for wampum. And if any of the afforesaid p'sons or any for them shall secretly trade with the Indians for wampum whither directly or indirectly without leave or license from the said Earle or his Assignes the pson or psons soe offending shall pay for every fathom soe traded to the said Earle or his assignes the sum of twenty shillings: ffurther it is Agreed uppon that whatsoever shall bee thought meete by the rt Worp! John Winthrop Esq. Goverur of the Massachusetts Bay to bee given to the Earl of Starling in way of acknowledgement as the Patenttee of the place shall be duely and truely paid, ffurthermore it is agreed upon that noe man shall by vertue of any gift or purchase lay any claime to any land lying within the compass of the eight miles before mentioned but onely the afforesaid Inhabitants shall make purchase (in theire owne names at theire owne leisure from any Indians that Inhabit or have lawfull right to any of the aforesaid land) all or any pt thereof, and thereby assure it to themselves and theire heyres as theire Inhabitance for ever. In witness whereof wee have hereunto set our hands and seales the 17th day of Aprill, 1640.
Memorandum. That the true meaning of Mr ffarret is that whereas hee hath formerly purchased sartain lands iu Long Island for the Earle of Starling or himself, That hee doth by these presents fully release all claime and Inter- est in the land above mentioned or psons that shall sitt down upon it with all to Governmt whither in church or in commonwealth. All which is to be clearely and fully drawne up according to the trew meaning of this agreement when things shall be settled and concluded by the rt worp! John Winthrop above mentioned.
JAMES FFARRETT [SEAL]
Sealed and delivered in the presence of Theoph : Eaton John Davenport.
* The grantees above named probably went on from Lynn to New Haven, and obtained this patent from Farrett in person.
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APPENDIX.
Endorsed on the back side of the said writeing under Mr Winthrop his hand as followeth.
I John Winthrop within named having seriously considered of that within this writeing is refered to my determination although I am very unwilling to take it upon mee and as unfit alsoe the rather being to seeke of any rule or aproved prsident to guide mee herein yet being called hereunto: I shall ex- press what I conceive to bee Equall upon the considerations here insueing, viz. The land within granted being a meere wilderness and the natives of the place pretending some interest which ye planters must purchase, And they might have had land enough gratis (and as convenient) in ye Massachusetts or other of the Collonies wth libertie to trade with the Indians, (which they are here debarred from) And for that they had possessed and improved this place before any actuall claime made thereto by the rt honrble the Earle of Starling, or had any notice of his Lopps pattent, And whereas his LOPP (for considera- tion I suppose of the prmises) requires nothing of them but in way of acknowledgement of his Interest, I doe here uppon conceive and doe accord- ingly (soe farre as power is given mee) order and set down that the Inhabit- ants of the tract of land within mentioned or the plantation now called Southampton upon Long Island, and their successors for ever shall pay yearly to the said Earle of Starling his heyres or assignes upon the last day of Sep- tember at Southampton aforesaid four bushells of the best Indian corne there growing or the value of soe much in full satisfaction of all rents and services (the 5th pt of Gold and Silver ore to the Kings Maties reserved allways excepted) In testimony whereof I have hereunto set my hand. Dated 20th (8) 1640.
JOHN WINTHROP.
EXTRACT FROM DEED OF FARRETT JUNE 12 1640.
From Docs. of Col. Hist. of N. Y., V. 3, p. 21.
Know all men whom this present writing may concern that I, James Farret of Long Island Gent: Deputy to the Right Honule the Earle of Stirling Secre- tarie for the kingdom of Scotland do by these presents in the name and behalf of the said Earle of Stirling and in my own name as doth or may concerne myself give up all Rights, Titles, Claims and Demands of and from all Patent Right of all those lands lying and being bounded between Peaconeck and the eastermost point of long Island with the whole breadth of the said Island from sea to sea with all lands and premises contained within the said limits unto Edward Howell, Daniel How, Job Saver and their associates ·
by vertue of my letters of Attorney bearing date 1637
In witness hereof I have hereunto set my hand and seale the 12th of June 1640
JAMES FARRETT.
FARRET'S CONFIRMATION JULY 7, 1640.
From the town records.
Memorandum: It is agreed upon between James ffarret agent, and Edward Howell. John Gosmer, Edmund ffarrington, Daniel Howe, Thomas Halsey, Edmund Needham, Allen Breed, Thomas Sayre, Henry Walton, George Welby, William Harker and Job Sayre : that whereupon it is agreed upon in a covenant passed between us touching the extent of a plantacon in Long Island, that the aforesaid Mr Edward Howell and his copartners shall enjoy eight miles square of land or so much as the said eight miles shall containe, and that now lie in said bounds being layed out and agreed upon : It is to begin at a place westward from Shinnecock entitled the name of the place where the Indians drawe over their cannoes out of the north bay over to the south side of the island, and from there to run along that neck of land east-
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HISTORY OF SOUTHAMPTON.
ward the whole breadth between the bays aforesaid to the easterly end of an Island or neck of land lying over against the Island commonly known by the name of Mr ffarret's Island," To enjoy all and every parte there of according as yt is expressed in our agreement elsewhere, with that Island or neck lying over against Mr ffarret's Island formerly expressed.
JAMES FARRET.
Thomas Dexter Richard Walker
Witnesses
LORD STIRLING'S CONFIRMATION OF THE SALE OF SOUTHAMPTON, AUG. 20, 1640.
NOTE .- This in the Col. Hist. of N. Y., v. 3, p. 22. is dated 1639, but the date of the year is manifestly an error. It shows that notice of the purchase and settlement had been made in June, else sufficient time for the transmis- sion of these facts across the Atlantic would not have been afforded.
I William Earle of Sterline doe make knowne to all men to whom it doth or may concerne, that whereas James Farret Gent, my lawfull Agent upon Long Island &c in America hath disposed by sale of divers lands in my name and for my use upon the said Island and Islands adjacent within my pattent ac- cording to the power given him by myselfe Aprill 1637, unto Edward Howell Daniel Howe, and their heires and successours for ever as from Peaconnet to ye eastermost poynte of ye said Long Island : and unto John, Thomas, and Ed- ward Farington and successively to the longest liver of them and to his heires and assignes for ever : and unto Mathew Sunderland and his heires and assignes for ever : I say whatsoever bargaine contract and conclusion the above named parties (for themselves heires and assignes for ever) have made with Mr Faret, according to the custome of New England, I the said Wm Earle of Sterline ratifie and hold of value in law : and doe upon the request of my said Agent James Faret by these presentes bind my selfe heires and assignes to doe any further act or thing whereby or wherewith ve titles of ye above named parties (vizt) Howell, How, Farringtones, Sunderland, and their heires and successors for ever, may be strengthened, wch they have under the band and seale of my foresaid Agent James Farret, of web I am by him fully satisfied : and that he hath in full satisfaction for the said lands for my use received a competent sum of money, in consideracon of wch money, I doe acquit all right title interest and demand of and to ye sd lands and patent right for ever. Witness my hand and seale this twentieth day of August one thousand six hundred thirty-nine.
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