USA > New York > Suffolk County > Southampton > The early history of Southampton, L. I., New York, with genealogies, 2nd ed. > Part 38
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signed STERLINE.
In presence of James Ramsey John Johnson Vera Copia,
PATENT OF GOV. EDMUND ANDROS, 1676.
Edmund Andross Esq Seigneur of Suzerainty Left and Governor Genll vnder his Royal Highness James Duke of York and Albany &c, of all his Territory in America, to all to whom these presents shall come Sendeth Greeting Whereas there is a certaine towne in the East riding of Yorkshire vpon Long Island commonly called and known by the name of Southampton, situate, lying and being on the south side of the said Island, towards ye main sea, having a certain tract of land therevnto belonging, The Easward Bounds whereof extend to a certaine place or plaine called Wainscott where the landes are settled betwixt theire neighbers of the Town of Easthampton and them:
* Now Shelter Island: See Thompson's L. I., V. I, p. 365.
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APPENDIX.
their Southern bounds being the sea and soe runs Westward to a place called Seatuck, where a stake was sett as their farthest extent that way : Then cross- ing over the Island to the north ward to Peaconic great river (not contradicting the Agreement made between there towne and the Town of Southold, after their trvall at the court of Assizes) and soe to run Eastward along the north bonnds to the Eastermost poynt of Ilogg neck over against Shelter Island, Including all the necks of land and Islands within the aforesaid described lands and limits: Now for a confirmation vnto the present ffreeholders Inhabi- tants of the said towne and precincts. Know yee that by virtue of his Majesties letters pattent and the Commission and authority vnto mee given by his Royall Highness, I have ratified, confirmed and granted, And by these presents doe hereby ratify confirme and grant unto John Topping, Justice of the peace, Capt. John Howell, Thomas Halsey Senior, Joseph Rainer Constable, Edward Howell, John Jagger, John ffoster and ffrancis Sayre Overseers, Levt Joseph ffordham, Henry Peirson, John Cooper, Ellis Cook, Samuel Clarke, Richard Post, and John Jennings as pattentees for and on ye behalfe of themselves and their associates, the ffreeholders and Inhabitants of the said Towne their heires successors and assigns all the aforementioned tract of land with the necks and Islands within the said bounds set forth and described as aforesaid. with all rivers lakes waters hawking hunting and fowling and all Heredita- ments therevnto belonging, To have and to hold all and singular their said lands hereditaments & premises with their and every of their Apurtenances and of every part and parcel thereof to the said pattentees and their Associates, their heirs, successors and assigns forever.
The Tenure of the said land to be according to the custome of the Mannor of East Greenwich in the County of Kent in England, in free and common soccage aud by fealty only. provided always notwithstanding that the extent of the bounds before recited no way prejudice or infringe the particular pro- priety of any person or persons who have right by patent or other lawfull clayme to any part or parcell of the lands or tenements within the limitts aforesaid, only that all the lands and plantations within the said limitts or bounds shall have relation to the towne in Generall for the well government thereof, and if it shall so happen that any part or parcell of lands or tenements withine the limitts afore described bee not already purchased of the Indians it may be purchased as occasions [require] according to law. I do likewise con- firme and Grant unto the said patentees, their heirs successors and assigns all the privilidges and immunities belonging to a town within this government, and that the place of their present habitation and abode shall continue and retaine the name of Southampton by which name and stile it shall be distin- guished and knowne in all bargains and sales, deeds, records and writings, they the said pattentees and their associates their heirs successors and assigns making Improvement on the said lands and conforming themselves according to law and yielding and paying therefor yearly and every yeare as an acknowl- edgement or quitt rent one ffatt lamb vnto such officer or officers there in au- thority as shall be empowered to receive the same.
Given under my hand and seale with the seale of the province in New Yorke, the first day of November in the eight and twentieth year of his Majes- ties Reigne Annoque Domini one thousand six hundred seventy-six.
E. ANDROS.
Examined by me and recorded.
Mathias Nicolls Secr.
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HISTORY OF SOUTHAMPTON.
PATENT OF GOV. DONGAN.
THOMAS DONGAN Capt Generall Governor in Chiefe and Vice Admirall in and over the Province of Newyorke and Territoryes Depending thereon in Amer- ica &c. under his Majesty JAMES the second By the grace of God King of Eng- land Scotland ffrance & Ireland Defender of the faith &c. To all whom this shall come sendeth GREETING Whereas the Right Honorable Edmund Andross Esquire Seigneur of Suzrainte Lievt. and Governr. Genll. under his Royall Highs James Duke of yorke and Albany &c : now his present Majesty of all his Territoryes in America did by a certaine writeing or Patent under the seale of the Province bearing date the first day of November One thousand six hun- dred and seventy six grant Ratifye and confirme unto John Toping, Justice of the peace Capt. John Howell Thomas Halsey Senior Joseph Raynor Constable Edward Howell John Jagger John Foster and Francis Sayres Overseers Lievt. Joseph Fordham Henry Pierson John Cooper Ellice Cooke Samuell Clarke Richard Post and John Jenings as Patentees for and in belialfe of themselves and their Associates the ffreeholders and Jnhabitants of the Towne of South- ampton a certaine tract of Land lyeing and being scituate in the southside of Long Island in the Eastriding of Yorkshire towards the Maine sea the East- ward bounds where of extends to a certaine place or plaine called Wainscott where the bounds are settled betwixt their Neighbors of the Towne of East- hampton and them their southern bounds being the sea and so runns West- ward to a place called Seatuck where a stake was sett at their furthest extent that way then crossing over the Island to the north ward to Peaconock great river not contradicting the agreement made betweene their towne and the towne of southold after their tryall at the Court of Assizes and so to runn Eastward alongst their north bounds to the Easternmost part of Hoggenoch over against shelter Island includeing all the necks of Land and Islands within the afore- said described bounds and limitts together with all Rivers Lakes waters quar- ries Woodland plaines meadowes pastures marshes fishing hawking hunting and fowling and all other profitts Comodityes and hereditaments to the said Towne tract of Land and premisses within the Limitts and bounds afore- menconed described belonging or in any wise appertaineing TO HAVE AND TO HOLD all and singular the said Lands hereditaments and premisses with their and every of their appurtennces and of every part and parcell thereof to the said Patentees and their associates ther heires Successors and Assignes forever according to the tenure & custome of the Manor of East Greenwich within the County of Kent in England in free and Comon Soccage and by fealty only Provided alwaves notwithstanding that the extent of the bounds beforerecited do nowayes prejudice or infringe the particular proprietyes of any person or persons who have right by Patent or other lawfull claime to any part or par- cell of land or Tenements within the Limitts aforesaid only that all the Land and Plantacons within the said Limitts or bounds shall have relacon to the towne in Genll for the well government thereof And if it shall so happen that any part or parcell of the lands within the bonnds and limitts aforede scribed be not already purchased of the Indyans it may be purchased (as occa- sion) according to law And moreover he the said Edmund Andross Lievt and Governr Genll as aforesaid did further grant and confirme unto the said Paten- tees and their Associates their heires Successors and Assignes all the privi- ledges and Imunityes belonging to a towne within this Government and that the place of theire present habitacon & abode shall continue and retaine the name of Southampton by which name & stile it shall be distinguished and knowne in all bargaines & sales Deeds Records and writeings they the said Patentees and their Associates their heires Successors and Assignes makeing improvement on the said land and confirmeing themselves according to law and yielding and paying therefore yearly & every yeare as an acknowledge- ment or Qnittrent on fat lamb unto such officer or officers as shall be impow- ered to receive the same as by said Patent Recorded in the Secretaryes Office
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relacon being thereunto had may more fully and at large appeare And Whereas of Late some difference hath happened betweene the Inhabitants of said towne of Southampton and the Indyans adjacent to said towne concern- ing the bounds above specifyed and also that the clanses above expressed for constituting them a towne and giving them privileges and Jmunityes are not sufficient in the law to convey to them snch privileges & Jmunityes as was designed to be given them AND Whereas Major John Howell a ffreeholder and one of the Patentees of the aforesaid towne of Southampton by Order of the ffreeholders of the said towne hath made applicatiou unto me that I would confirm unto ye ffreeholders of said Towne in a more full & ample manner all the abovecited tracts and parcells of land within the limitts and bounds afore- said and finally determine the difference between the Indyans and the ffree- holders of the said towne of Southampton And also that I would Erect tlie said towne of Southampton within the Limitts and bounds aforesaid into one Towneship NOW KNOW YEE That I the said Thomas Dongan By virtue of the power and authority to me derived from his most Sacred Majesty aforesaid and in pursuance of the same have examined the matter in variance between the ffreeholders of the said Towne of Southampton and the Indyans and do finde that the ffreeholders of the Towne of Southampton aforesaid have law- fully purchased the lands within the Limitts and bounds aforesaid of the ludyans and have payd them therefore according to agreement so that all the Indyan right by virtue of said purchase is invested into the ffreeholders of the Towne of Southampton aforesaid and for and in consideracon of the Quittrent hereinafter reserved and other good and lawfull consideracons me thereunto moveing Have Granted Ratifyed Released and Confirmed and by these pres- ents do grant Ratifye Release and Confirme unto Major John Howell Thomas Hallsey Senior Edward Howell John Jagger John Foster Francis Sayres Joseph ffordham Henry Pearson Samuell Clarke Job Sayers William Barker Isaac Halsey ffreeholders & Jnhabitants of Southampton heerin after erected and made one body Corporate and Politique and willed and determined to be called by the name of the trustees of the ffreeholders and comonalty of the Towne of Southampton and their Successors all the afore recited tracts & necks of land within the bounds and limitts aforesaid together with all and singular the houses MESSUAGES Tenements buildings millnes millnedames fencings Jnclosures gardens orchards fields pastures woods underwoods trees timber Comon of pastue feedings meadowes marshes swamps plaines Rivers Rivolets waters lakes ponds Brookes streames beaches Quarris mines mineralls Creeks harbours highwayes and Easements fishing hawking hunting and fowling (sil- ver and gold mines Excepted) and all other franchizes profitts Comodityes and hereditaments whatsoever to the said tracts & neckes of land and premises belonging or in any wise appurtaineing or therewith all used occupyed accepted reputed or taken to belong or in any wayes to appertaine to all intents purposes and constructions whatsoever as also all and singular the rents arrearages of rents Issues and profitts of the said tract of land and premisses heretofore due and payable TO HAVE AND TO HOLD all the aforerecited tract and parcell of land and premises with their and every of their appurtennces unto the said Major Jolin Howell Thomas Hallsey Senior Edward Howell John Jagger John Foster Francis Sayers Joseph Fordham Henry Pierson Samuell Clarke Job Sayers William Barker Isaac Halsey ffreeholders and comonalty of the towne of Southampton and their Successors forever to and for the severall and Re- spective uses following and to no other use intent and purpose whatsoever That is to say as for and concerning all aud singular the severall respective parcells of Land and meadow part of the granted premises in any wayes taken up and appropriated before the day of the date hereof unto the several and respective present ffreeholders and Inhabitants of the said towne of Southi- ampton by virtue of the aforerecited deed or Patent to the only use benefite and behoofe of the said respective present freeholders and Inhabitants and to their severall and respective heires and Assignes forever And as for and con- cerning all and every such parcell or parcells tract or tracts of land Remainder
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HISTORY OF SOUTHAMPTON.
of the Granted premises not yet taken up or appropriated to any particular person or persons by virtue of the aforerecited deed or Patent to the use bene- fite and behoofe of such as have been purchasers thereof and their heires and assigns forever in proporcon to their severall and respective purchases thereof mnade as tenants in Comon without any lett hindrance or molestation to be had or reserved upon pretence of joynt tenancy or survivorship any thing contained herein to the contrary in any ways notwithstanding TO BEE HOLDEN of his said Majesty his heires and Successors in ffree and Comon Soccage according to the Mannor of East Greenwich in the Connty of Kent within his Majestyes Realme of England YEILDING rendering and paying therefore yearly and every yeare from henceforth unto our Sovereigne Lord the King his heires and Successors or to such Officer or Officers as shall be appointed to receive the same the sume of one lamb or the valne thereof upon the five and twentieth day of march at Newyorke in full of all Rents or former reserved rents ser- vices acknowledgements and demands whatsoever AND further By virtue of the power and authority to me the said Thomas Dongan as aforesaid given and in pursuance of the same and for the reasons and consideracons above recited I have willed determined declared and granted And by these presents do will determine declare and grant that the said Inhabitants and ffreeholders the ffreemen of Southampton aforesaid Comonly called by the name of the free- holders and Inhabitants of the towne of Southampton or by whatever name or names they are called or named & their heires and Successors forever hence forward are and shall be one body Corporate and Politique in Deed and name by the name of the trusteess of the ffreeholders & comonalty of the towne of Southampton and them by the name of the Trustees of the ffreeholders and comonalty of the towne of Southampton one body corporate and Politique in Deed and name I have really and fully for his said Majesty his heires and Suc- cessors erected made ordained constituted and declared by these presents and that by the same name they have succession forever And that they and their Successors by the name of the Trustees of the ffreeholders and comonalty of the towne of Southampton be and shall be forever in future times persons able and Capable in law to have perceive receive and possesse not only all and sin- gular the premises but other messages lands Tenements Priviledges Jurisdic- tions franchizes and hereditaments of whatsoever kind or species they shall be to them and their Successors in ffee forever or for the term of a yeare or yeares or otherwise whatsoever manner it be and also goods Chattells and all other things of whatsoever name nature quality or species they shall be and also to give grant release aliene assigne and dispose off lands Tenements hereditaments and all and every other act and acts thing and things to do and Execute by the name aforesaid and that by the same name of the trustees of the ffreeholders and comonalty of the towne of southampton to plead and be impleaded answer and be answered unto defend and be defended they are and may be Capable in whatsoever place and places and before whatsoever Judges and Justices or other persons or officialls of his said Majesty his heires and
Successors in all & all manner of accons Plaints suites Complaints causes mat- ters and demands whatsoever of what kind quality and species the same be and shall be in manner and forme as any other of his majestyes Liedge people within this Province can or are able to have require receive possesse Enjoy re- taine give grant release aliene assigne and dispose plead & be impleaded an-
swer and be answered unto defend and be defended do permitt or execute AND for the better enabling the Trustees of the ffreeholders and comonalty of the towne of Southampton aforesaid in doing and Executing all and singular the premisses I have willed granted and determined and by these presents do will grant and determine that from henceforward and forever hereafter the said Trustess of the ffreeholders and Comonalty of the towne of Southampton
doe and may have and use a Common seale which shall serve to Execute the
causes and affairs whatsoever of them and their Successors And further I will and by these presents in behalfe of his said Majesty his heires and Suc- cessors that henceforward forevermore there be and shall be Trustees of the
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APPENDIX.
ffreeholders and comonalty of the towne of Southampton aforesaid to be chosen and elected as in these presents hereafter is menconed who shall be and shall be called the Trustees of the ffreeholders and Comonalty of the towne of South- ampton and they and their Successors shall and may at all convenient times hereafter upon a publique sumons to be obteined at the request of any three of the Trustees aforesaid from any of his Majesty's Justices of the peace of the said towne or for default thereof from any of the Justices of the County of Suffolk for the time being assemble and meet together in the towne house of the said towne or in such other publique place as shall be from time to time appointed to make such acts and orders in writing for the more orderly Doeing of the premisses as they the said Trustees of the ffreeholders and Comonalty of the towne of Southampton aforesaid and their Successors from time to time shall and may think CONVENIENT so allwaves as the said acts and orders be in no wayes repugnant to the laws of England and of this Province which now are or hereafter may be Established and that they be not in any waves against the true intent and meaning of these presents AND also I will ordaine and determine that all and singular the aforesaid acts and orders from time to time shall be made and ordered by the vote of the Major part of the said Trus- tees of the ffreeholders and Comonalty of the towne of Southampton afore- said or at least by the vote of the Major part of such of them as shall from time to time Assemble and meet together in manner as aforesaid so allwaves there be not fewer in number than seaven of the said Trustees present at such meetings so to be held as aforesaid and for the better execucon of this grant in this behalfe I have assigned nominated Created Constituted and made and by these presents do assigne nominate Create Constitute and make Major Jolin Howell Thomas Halsey Senior Edward Howell John Jagger John Foster Francis Sayres Joseph Fordham Henry Pearson Samuell Clarke Job Savers William Barker Isaac Halsey to stand and be the first modern Trustees of the ffree- holders and Comonalty of the Towne of Southampton to continue in the afore- said Office from and after the date of these presents until the time that others be elected and Chosen in their stead According to the manner and forme herein after expressed AND moreover I do by these presents for and on the behalfe of his Most Sacred Majesty aforesaid his heires and Successors appoint that the Trustess of the ffreeholders and Comonalty of the town of Southampton Con- stables and Assessors within the towne of Southampton aforesaid be yearly Chosen on the first twesday of Aprill forever Viz : twelve Trustees of the ffreeholders and Comonalty of the towne of Southampton two Constables and two Assessors in such publique place as the trustees for the time being shall appoint and direct and that the Trusteess Constables and assessors be Chosen by the Majority of voices of the ffreeholders and freemen of the towne of southampton aforesaid AND Lastly I give and grant for and on behalfe of his said Majesty his heires and Successors by these presents to all and every person and persons and to whatsoever person subject to his said Majesty his heires and Successors free and lawfull power ability and authority that they or any of them any messuages Tenements Lands meadows feedings pastures woods underwoods rents revercons services and other hereditaments whatsoever within the said County of Suffolke (which they hold of his Sayd Majesty his leires and Successors unto the aforesaid Trustees of the ffreeholders and Comonalty of the towne of Southampton and their Successors shall and may Give grant Bargaine sell and alienate to have hold and Enjoy unto the said Trustees of the ffreeholders and Comonalty of the Towne of Southampton and their Successors forever YEILDING and paying therefor unto his said Majesty his heires and Successors on the said twenty fifth day of march yearly and every yeare forever the full and just sume of forty shillings Current money of this Province at Newyorke WHEREFORE by virtue of the power and authority aforesaid I do will and Command for and on behalfe of his said Majesty his heires & Successors that the aforesaid ffreeholders and Comonalty of the towne of southampton and their Successors have hold use and Enjoy And that they shall and may forever have hold use and Enjoy all the Liber-
464
HISTORY OF SOUTHAMPTON.
tyes authorityes Customes orders ordinances franchizes acquittances lands Tenements and hereditaments goods and Chattells aforesaid according to the tenure and effect of these presents without the lett or hinderance of any per- son or persons whatsoever IN TESTIMONY Whereof J have caused the seale of the said Province to be hereunto affixed and these presents to be entered in the Secretaryes Office Witness my hand at Fort JAMES the sixth day of Decem- ber - One thousand six hundred Eighty six & in the second yeare of his said Majestyes Reigne
THOMAS DONGAN.
LAWS ADOPTED BY THE FIRST SETTLERS.
NOTE. As portions of the laws are now illegible the missing parts are supplied from the copy of the Massachusetts laws, which were digested by John Cotton, and seem to have been copied by Edward Howell for the Southampton settlers. Those of Mass. are pub- lished in the Mass. Hist. Soc., in the Hutchinson Papers, 1865, Vol. I, p. 153.
An Abstract of the Lawes of Judgmnt as given Moses to the Commonwealth of Israel, soe farre foarth as they bee of Morall that is of perpetuall and uniuersall Equity. Among all Nations, Especially such where the Church and Common Wealth are Complanted together in holy Couenant and fellow shippe with God in Jesus Christ, being joyntly and vnanimously Consented vnto as ffundamentall by the Inhabitants of this Collony of Southampton.
OF TRESPASSES.
1. Yf a mans swine or any other Beast or a fire kindled by him break out into an other mans field of Corne lie shall make full Restitution both of the damage don by them, and of the losse of tyme wch others have had in Car- ryeing such swine or beasts vnto the owners or vnto the fold, (Exod. 12: 5, 6) But yf a man put his swine or Beast into another mans field Restitution is to bee made of the best of his owne though yt were much better than that which was destroyed or hurt. (Levi. 24: 18 Exod. 21: 34)
2. Yf a man killeth another mans beast or digg or open a pit and leave yt vncouered and a beast fall into yt, he that killeth the beast and the owner of the pit shall make Restitution. (Exod. 21: 35 & 36)
3. Yf a man's beast killeth the beast of an other the owner of the beast shall make Restitution. (Exod. 21: 28 & 29)
4. Yf a mans Oxe or other beast gore or bite and kill a man or woman, whether child or of riper age, the beast shall be killed and noe benefit of the dead beast reserued to the owner, But if the oxe or other beast were wont to pushe or bite iu former tymes and the owner hatlı been told of yt and hath not kept him in, then the oxe or beast shall be forfavted and killed and the owner allso put to death, or else fined to pave what the Judges and persons damne- fied shall laye vpon him.
5. Yf a man deliuer goods to his neighbour to keepe and they be sayd to be lost or stolen from him, the keeper of the goods shall be put to his oath concerning his own innocency* which yf he take and noe evidence appeare to the contrary hee shall be quitt: But if hee bee founde false vnto his neighbour or vnfaith full hee shall paye double vnto him.
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