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THE FIRST
^
OF THE
T0wn of Southampton
WITH OTHER
i^NClENT DOCUMKISTTH
OF HISTORIC VALUE,
Including all the writings in the Town Clerk's office from 1639 to 1660; transcribed with Notes and an Introduction by Wm. S Pelletreau, and compiled by the under- signed Committee, chosen at Town Meeting, April 1st, 1873, and published at the expense of the Town, by its authority.
HENRY P. HEDGES, WM. S. PELLETREAU, EDWARD H. FOSTEK.
John H. Hunt, Rook and Job Printer,
Sag- Harbor, N. Y.
.Si str
c^
33
liSTDElX:.
Arms selling to Indians, 22 Arms to meeting, 27, 34, 38,
46, 60 Agreement in town, 45
Absentees, 57
Administrators, 65
Agreement of first settlers, 2 Breade, Allen 2, 5, 23
Bowyer, Stephen 15
Bostock, Arthur 17, 29, 39 Barns, Indian 22
Barret, Richard 145, 84, 27.
65, 39, 153 Bond, Robert 29, 30
Burnet, Thomas 30, 65, 84 Barnes, William 32, 130
Budd, John SO, 33, 3S, 68 Bishop, Joseph 86
Bancroft, Widow 34
J^arnes, Joshua 40, 63, 82, 86 Brown, William 47, 48, 04,
67, 68 Burying Ground 59, 153
Baker, Thomas 122, 148
Bridge, 123
Bower, Jonas (et passim) 123 Briggs, Elizabeth, Clem, S3
148 Beswick, John 151
Courts, general voting at 30,
107, 37, 49 Courts, non appearance fined
23, 88 Clerk fees 26
Courts, appointed 24
Courts, power of 25
Courts, contempt of, fined 101,
123 Clerk of Band Court, purchased Code of Laws Cob's Pond Cooper, John Jr Canoe Place Clark, Samuel
66 112, 82 18 86 81, 112 94 117, 106, 115 Cooke, Ellis 54, 105, 89
Crese, Arthur 155
Corwithy, Caleb 148
Cooper, John Sen. (autograph)
162 Cooper, John 60, 34, 127 Captain's Neck 131, 133
Cooper's Neck 156
Connecticut, union with 31,
136 •
Cooper, Thomas 48, 143
(Jourt Book 107
Contempt of Magistrates 1 1 3
Cattle at large
59, 46, 30 Colts mark Cow keeper Cory, John Cole, Mr. Dayton, Samuel 93, 50,
(Jl, 122 Davis, John Samuel Davis, John Davis, Benjamin Dominy, Nathaniel Drum Dayton^ Robert
115, 108, 118,
118 28 33 33
64,
155
149 155 155 153, 1^5 122
11
INDEX.
Dayton, Ralph 123,141
Diainent, Thomas 123, 124,
125 Drunkenness, 112, 96, 97, 125 Dickerson, Phileiuan 115
Division of land 57
Doxy, Thomas 70
Drumming paid 75, 52
Disposal of vessel 1
Declaration of Company, 6 Davis, fiulk 27, 148
Davis Neck, 98
Eason, Henry 36, 103
East-Hampton, 118, 115
East-Hampton deed, 51
Farrington, John 28, 5
Fencing, 29, 36, 38, 42, 117,
128, 129, 73,26,90,78, 101 Freemen, 49, 55, 66, 18
Foster, Christopher 145, 108,
72, 80, 81 Foster, Nathaniel 159
Franklin, Joseph 153
Foreigners excluded, 113
Ford ham, Robert 83, 106
Field, Alex 88, 92, 93
Farrington's neck, 97, 99, 134 Farrington, Edmond 1
Farret, James, patent 9
Gates, leaving open 28
Griffiths, Joshua 14
Guard, sleeping on 27
Gunpowder, 94
Gosmer, John 30, 94, 153 136 Goldsmith, John 95
Goldsmith, Tliomas, loss by
fire, 82, 87, 90, 95 Ginfence, Garlick, Joseph Griffin, Hugh Gosmer, Richard
Georgica,
98
104
83
65
114
Griffin, 108
Goats, 46
Hildreth, Tho's 30, 128, 83,106 Halsey, Thomas, 39, 43, 44,
163, 27, 2 Hand, John 148
Highways, 34, 103
Hopkins & Haynes, 45
Halsey's Neck, 61, 134, 135 Hedges, Tristan 60, 134, 135 How, John 53
Howell, Joseph 118
Howell, Edward (et passim,) 1,
41, 47 Howell, Ellinor 108, 109
How, Joseph 14
Houldsvvorth, Jonas 115, 148 Haines, Benjamin lo5
Herrick, James, 153, 151, 92,
149 Hand, Stephen 129
Howell, Richard 118, 119
Harcre's lot 135
Hampton, James 130, 92, 112 Home lots, 71, 73, 150
Howell, John 72, 43
Howell, Edward Jr. 73
Hubbard, Joseph SO
Herd keeper, 78, 84
Hogs trespassing 77, 90, 145 Halsey, Thomas Jr. 95
Hartford court, 105, 85
Hubby, John 84
Hog Neck, 26
Halsey, Isaac 150
How, Daniel 1
ilarker, William 1
Indians, 28, 57, 153, 113, 26,
77, 91, lis, 103, 97, S9, 90 Indian Deed, 12, 14, 15
Jones, Edward 44, 53, 44,
113, 35
INDEX
III
Jagger, John 120, SI
JessLip, John 93, 92, 9S, lOS Jury, Grand 25
Jury trials, 00
Kelly, John 79, 138, 61, 47 Kellum, Robert 155
Kirtland, Nathaniel 1, 5, 25,
146 Ludlam, Anthony 151
Lots, home 50, 51, 31
Ludlam, William 101, 133,
129, 95
Long Tongue
131 132 155
Lots, 10 acre Learning, Christopher Loughton, Joseph 155, 150 Loome, John SO, SI, 74
Lupton, Christopher 106
Lying punished, 96, 71
L'lmson, Richard 65
\..Magistrates, 25, SS, 93, 105,
108, 81, 75 Marshal, 23, 24, 29, 39
Moore, John 17, 23, 27
Mills, Richard 16, 06, 70, 7S,
64, 75, 73 Marshal, Benjamin 15
Meacox, 82, 38
Mill, 86, 97, 102, 71, 77, 40,
94, 53, 133 Meeting House, 90, 72, 37, 74
Mason, Capt Milner, George Mulford, Joseph Mechem, Jer. Mill Stone Brook, Marvine, Robert Montauk, Meggs, Mark Meffgs, Vincent Meggs, Avis Mill, Wind
87, 119
97
148
148
151
129, 50
144
120, 52, 108
115
145
32
Miller, toll, 59
Mulford, John 55, 33, 29
Miiler, John 107
North Sea, 48, 118, 118, 93 Northampton, 115, 82, 71
Negro, John 155
Newell, Thomas 5
Needham, Edwin 15
Ogden, John 82, 48
Ordinary, 90, 96, 128, 129,
120 Ox pasture, 95, 98, 143, 140 Oldfield, John 81, 132
Odell, Richard 79, 63, 52, 37,
15 Osburne, Thomas 63
Officers chosen, 61
Old town, 97
Plot, town 50
Post, Richard .53, 29, 41, 93 Plain, little 28, 22, 34, 72, 73,
90, 141, 135 Pierson, Henry 38, 39, 42, 30,
35, 145, 108, 132, 105
Prison built,
37
Plain, great 35, 36, 43, 147,
139 Phillips, Zerubbabel 149
Pope, Thomas 80, 72, 85, S2 Payne, William 95
Pierson, Abraham 14, 23, 45 Quaganantuck, 79, 151, 85
40 112 53 154 36, 89 95 47 Sayre, Thomas (et passim) 48 Sachem's house, 48
Quarter Court, Raynor, Joseph Rose, Robert Russell, WiHiam Rogers, William Rainer, Joseph Sticklin, Mr.
IV
INDEX.
Swinfield, Raphiell 53
Sy moods, Mr. 53
Stanton, Thomas 5S
Stocks, 53, 96
Stanborough, Josiah 39, 115,1 Sepoose, 38, 94, 68
Stratton, John 34
Smyth, Mr. 30
Salier, Wm. 155
Strong, Christopher 155
Stephens, Thomas 1 5
Stanborough, Peregrine 159 Sayre, Francis 112
Scott, John 147, 118, 117
Smith, Bartho. 119
Shinecock, 114, 22
Smith, Richard (banished) 95,
112, 92, 147 Shaw, Edmund 112, 123, 101 Sylvester, Capt. 109
Scolding punished, 80
Searing, Simon 81
Sagaponack, 82, 91
Symonds, Mr. 53
Seaponack, 80, 91, 93, 101 Shinecock Bay, 87, 88
Scott, Robert' 88
Sachem, 90
Saggaponach division, 98
Sohliers' order, 103
Sayre, Job 1
Stephenson, Edward 14
Sepoose, west, 132
Sayre, Daniel 03, 131
Street to be cleared, 24
Syinonds, Henry 23
Smith, Bartholomew 79, 81 Stealing fruit, 74
Till, James 93
Taxes, 34, 39, 44
Terry, Thomas 5
Terry, Robert, 1 4, 53
Town meeting, 81
Train band, 24, 67, 47, 58 Talmage, Thomas 26, 34
Topping, Thomas 47, 48, 137 Thompson, Thomas 27
Topping, John 121
Townesmen, 86
Tority, Arthur 15
Toylsome, 157
Taylor, Thomas 155
Vale, Thomas 67, 108
Vonch, C. 155
Weeks, Thomas 106
Wood, Jonas 47, 105, 75, 71,
114 White, John 92, 35, 94
Whaling squadron, 92
Watch, 89, 154
Wheeler, Joseph 149, 155, 15 Woolley, Robert 150
Whales, '^'^,^h 120
Wells, William 53, 27
Willman, Isaac 54, 36
Wood, George 32, 35, 17
Wheat, price of 31
Winthrop, Mr. 33
Wells & Gibbins, (order) 42
44 Wainscott, 114
Woodruff, John 123
Wendall, John 123
Walton, Henry 1
Winthrop, Jo. 12
Whitehone, Thomas 14
Wooley, Joseph 121
Wood, Elisebeth 89
Wood, Jonas (Oram) 112, 98,
88 Welbe, George 1, 5, 13
Weequapaug, 149, 151
Wolves, 31, 85, 81, 165
D O
X
< O
o
"^t^v
^JiL^^^lfcpi,,,
INTRODUCTION.
The period at which this town was settled is famous in the History of England. The Re^'olution had already begun that was destined to shake the throne of a thousand years, and by overthrowing the superstitious veneration that ascribed to roy- alty a divine right to rule, prepared the way for a higher de- gree of constitutional liberty ; the storm was gathering that was soon to burst upon the head of the monarch who had labored to destroy the rights of his people, and although his execution was a shock to the prejudices of the age and in the end proved a blow to the cause of freedom, yet from that day to the present the liberties of England have been based upon surer guarantees and supported by firmer pledges, than her rulers ever gave when their power was weak and broke when their hands were st'^ong.
Yet it is admitted that the Revolution of 1640 was not caused b}- any physical sufferings endured by the people ; the general condition of the laboring classes in England at that time was far superior to that of the same class in other lands; the question of right for which Hampden fought and fell was one that affected only the moral sense of the nation, and was so little connected with physical evils thai one of the greatest of English statesmen has not hesitated to declare that the whole cause of the war was that the " imagination of the nation rose against the government." Philosophers of this class will see little excuse for the heroic struggles of Puritan and Huguenot ; a little sacrifice of conscience, a little yielding to the powers that be, would have enabled them to live a quiet life and die a peaceful deatli ; but he has studied the
II INTRODUCTION.
records of the past to little purpose, who has not seen that the noblest pages of human history tell the story of men who died when they might have lived, and suffered when they might have rejoiced.
The troubled condition of the old country was the principal cause of the settlement of the new world. Safe in their home in the wilderness, the war that swept the length and breadth of their native land, was i^nown to the self-exiled band only by rumors that were few and far between ; it was to them what the roar of the wintry wind is to one seated by a happy fireside, and the overthrow of one government and the setting up of another no more disturbed their quiet repose, than the storm that rages on the ocean without can destroy the tran- quility of the sheltered harbor.
We will not attempt to recount the stoiy of the founding of our native town ; the work has been done by abler hands than ours ; but it is our task in transcribing these records of the past, to rescue from destruction the little that remains of what is fast becoming an age of fable. That nations whose begin- ing is lost in the mist of ages should ascribe to their founders a supernatural origin and superhuman powers, cannot excite our surprise, when we find the descendants of our first settlers firm in the belief that tlieir ancestors were endued with great- er powers of body, a higher degree of health, and longer lives, than are granted to men of the present day. A careful perusal of these records will expose the fallacy of that blind worship of the past, so ably rebuked in Sacred Writ by the wisest of men, and show clearly that many an admirer of the good old times, if they should retiirn, would find himself much the worse off for their coming.
When the first settlers arrived they found the island inhab- ited by a race whose origin is wrapped in utter obscurity. From the little that is found in these records concerning them, it appears that the whole extent of what is now the town of Southampton was owned by the Shinnecock tribe of Indians, who were divided into many small bands, and were living in
INTRODUCTION. HI
villages that were without exception situated near the different creeks or branches of the bays, forming so important a part of the geography of the town. Their nature and habits render- ed it impossible for them to live in large communities, and al- though their traditions speak of their once being as numerous as the leaves of the forest, yet it is exceedingly doubtful if the tribe in its best days ever numbered two hundred fightino- men. Their hardihood, bravery, and powers of endurance, in short, all the good qualities that they possessed, have been magnified to tne utmost extent by the writers of romance^ and it is a popular belief that they were free from most of the physical ills that shorten the life and embitter the existence of civilized men. Yet a little thought will at once dispel this illusion. Utter ignorance of medical knowledge, homes that at the best were but a poor protection from the elements, food of an inferior quality, badly cooked, often in insufficient quan- tities, and too frequently a total deprivation of it, these must have had the same effect then that they would have now. That they were hardy none can deny, for none but robust constitu- tions could endure their manner of life, but that they possessed any natural superiority of mind or body, or enjoyed any im- munity from disease, may be believed by the novelist, but is not to be credited by the philosopher or historian.
Although the land was honorably purchased of its aborigi- nal owners, yet the settlers never saw a moment's rest for fear of their dreaded neighbors. In the field a guard was kept ; at night none knew at what hour the alarm would sound; to meeting on the Lord's day they went as men prepared for instant war ; every male from sixteen years of age to sixty was a soldier enrolled in the ranks; and in proportion to its population the town could boast of a larger standing army, armed and equipped, than any nation on the surface of the globe.
Those who believe that the settlement was formed entirely of God fearing and virtuous men, will find in these pages much that will fail to support their views. When we see
IV INTRODUCTION.
that it was found necess-'ary to build a prison at a very early date; when tlie stocks and whipping post occupied a promi- nent [(osition in our vilhige, and, to judge from the records, neither suffered from want of use ; when petty law suits were far more frequent than at present; when we find stringent laws passed against lying, drunkeness and kindred crimes, the question naturally arises: when was this age of purity that people boast of? The truth is that while there was here one class that may have been sufferers for conscience sake, and men of whom the world was not woithy, there were also among them those who came to this country simply to better tlieir condition, and others still who evidently belonged to those who " leave their country for their country's good." But we think no unprejudiced mind can rend these records without being convinced tiiat the bone and sinevv^ of the new settlement were men who, from their sound judgment and constant appreciation of the duties they owed to God and man, are worthy of all the respect and admiration that pos- terity can bestow.
At the very first stage of the enterprise our fathers saw the need of established law. Magistrates were elected (generally three in number) who were looked upon with a degree of ven- eration that the modern occupants of the office can scirceiy hope to obtain. The entry on page ^4 will show the origin of the various courts whose actions form so large a part of the present volume. The Justices held th3ir ordinary courts very much as they are held at the present time, but all affairs of any consequence to tiie town in g-^neral were decided at the Quarter Courts, and in almost every case where the Ger- eral Court is referred to, the Quarter Courts are meant. These were composed of tlie freemen of the town, and all of them were duly notified to attend ; the Magistrates presided, wit- nesses were examined, the case fully discussed, and the ques- tion decided by a plurality of voices ; those who failed to at- tend were fined, and all present were required to vote.
And in connection with tliis, one peculiarity of our ances-
INTRODUCTION. V
tors may deserve a passing notice; the high value they placed on office and its honors. If a man was so fortunate as to become a Justice of the Peace or a Captain in the Militia Company, he was sure to make use of the title upon all possible occasions while living, and it would be placed with pious care upon his tomb-stone after he was done with this world and its glories. It would seem like one of the strange inconsistencies of human nature, that a class of men who are supposed to be dead to worldly fame and careless of earthly greatness, should be al- most infatuated after such little titles as Mr., Captain, and Esquire.
A little thought, however, w.ill perhaps explain the discrep- ancy. Love of power may be considered cne of the inherent qualities of human nature, and, in their own country, the men whose labors aie here recorded, were of a class who could never expect to be known to fame, or attain to dignity. Stars and orders were not for them, the insignia of nobility were far bevond their reach, and men can easily affect to des- pise what they can never hope to possess. But in the land of hi^ adoption, a change awaited him. The man who in his native land was looked upon as a schismatic by the church and a revolutionist by the state, suddenly found himself trans- formed into a peer of a new realm, one of the inhabitants of a social world so small that his presence or absence was a thing of the utmost importance to the rest of the body politic; the highest offices of the little Commonwealth were within his reach. To be a magistrate of the infant colony was relative- ly as high as the loftiest judicial .position in tbe gift of the EngUsh crovfn ; and the Captaincy of its little band of sol- diers, was a post as important as a Major Generalship in the British army.
As the town was founded by men who had suffered from religious persecution, it may readily be supposed that the for- mation of a church would be one of the first things to which they would turn. To erect a house for Vv^orship seems to have been one of the first public labors undertaken by the
VI INTRODUCTION.
community. The peculiarities of Puritan belief and practice have furnished an inexhaustible theme for the pen of the essayist and historian, and certainly no class of men ever lived whose thoughts and acts were more influenced by considera- tions connected with the eternal world. In such a state of society the prpacher of the Gospel would naturally hold a very important position, but his social influence was based upon the fact that he was the only educated person in the commun- ity. In a place where only one man can read and write, that man is an oracle, but where all can boast of these accomplish- ments no one can claim any precedence from the possession of them. Any boy who now attends an Academy with any de- sire to learn, can obtain without leaving his native town, an education that the graduates of Cambridge or Yale could not gain at the time those institutions were founded. The worst enemies of Puritanism cannot deny that the ministers of the new Colonies were men of blameless life and good abilitv, and though in some cases their minds were clouded by the prejudices and bigotry of the age, they strove by every action "to point to brighter worlds and lead the way." It is pleas- ant to be able to record the fact, that while the history of many towns on Long Island show instances of religious per- secution, especially in the case of the Quakers, the records of this town are nowhere stained with blood. The curious code of laws found on page 18 of this book were never enforced to their full extent. The original is supposed to be in the hand writing of Abraham Pierson, the first minister, and bears in- ternal evidence of having been written at the earliest period of the settlement, but the settlers of the new world soon found it necessary to enact laws more adapted to the circumstances of the community, and thus originated the sarcasm so fre- quently heard that the Puritans agreed to be "governed by tiie laws of God until they had time to make better."
The town at an early date resolved that none should be permitted to settle here who were not acceptable to a major- ity of the inhabitants. This doubtless prevented many from
INTRODTTCTION. YII
becoming residents, who, had they settled here, would have been liable to persecution for their religious views. To sup- pose that the founder.* of this town were at all in advance of their age, and too enlightened to entertain the thought of con- trolling the religious views of their neighbors, may be believed by their descendants but is not supported by facts. Civil and religious liberty has been a thing of slow growth, and we ought not to be surprised that a darker age, and a more igno- rant community, should have thought the jail and the whip- ping post were the proper place for Quakers, and that the best way to stop a heretic's tongue was to put a hole through it wntha hot iron.
The history of Hie world shows that extremes both of thought and action follow each other, thought and speech are now untrammelled, and sentiments can be freely expressed, that would once have insured a violent death to the one who uttered them.
The behef of our ancestors was the strictest Calvinism, and this creed is still the faith of most of their descendants. That all things that are were fore-ordained from the begining of the world, and that every act of man was a link in an endless chain planned by Eternal Wi'^dom, was something that to them admitted of no doubt. Their belief in the divinity of our Lord was not to be shaken. To them Christ was some- thing more than ^' the best of all good men," something more tlian a teacher sent from God, something more than an im- poster wlio betrayed the confidence and worked up )n the credulity of his followers. He was to them the Son of God, born in the likeness of his Fath'^r's glory, and we may readily suppose that they would have no sympathy or charity for the modern so-called " Liberal Christianity " that considers Paul and Plato, Christ and Socrates, Peter and Andrew Jack- son Davis, equally divine and equally entitled to reverence.
But in one respect there has been such a remarkable change in the manner of presenting Bible doctrines, that we cannot forbear to notice it at length. No one who is at all acquaint-
VIII INTRODUCTION.
ed with the sermons of that period can fail to observe the stress that is laid upon the two doctrines of the Resurrectiou and the day of Judgment. The time and talent spent in the attempt to reconcile the doctrines of Election and free will, was more than equalled by that employed to find the time of the coming of the Son of Man, and in expatiating upon the evencs of the last great day. The daiker parts of Scripture, the prophecies of the Apocalypse and Daniel, were searched, not only with that eager curiosity that has in all ages prompt- ed men to endeavor to lift the veil tliat hides the future, that caused the ancients to resort to oracles, and induces some in modern times to put faith in " spirit rappings," but with the spirit that actuates men in whosa minds hope and expectation hold equal sway, and as men are generally inclined to believe what they wish to be true, it seems to have been the common belief that the time was nigh at hand.
The reason for this may be found in the entirely different circumstances surrounding the two classes of men. Compared with the past, the present is emphatically an age of ease and luxury, and men who have their good things in this life, and whose every wish is gratified as soon as it is expressed, cnn hardly be expected to have any very ardent longings for the coming of the Judgment Day, or to dwell with much delight upon its certainty. With our ancestors, the case was vastly different. The Puritan wished for nothing better than to stand before an impartial Judge, and meet as his accusers the bigoted James and Charles, and the profligate Rochester and Buckingham. It was an ordeal they had no reason to dread, a contest in which they were sure to come off^ victorious. They could hope for mercy from God, who never received it from man, and there was justice in Heaven's tribunal for those who failed to find it in earthly courts.
The question of Proprietor rights is one that has been a fruitful source of contention and the cause of expensive law suits. The publication of these records will throw much light upon this vexed subject. We learn from them that all
INTRODUCTION. IX
tlie territory east of Canoe Place and west of a " placo or plain called Wainscott," was sold to the persons named in the Indian deed, for a consideration duly paid. This tract was therefore owned by them as undivided property, and the share that each possessed was in proportion to the amount paid by him. If a person who was acceptable to a majority of the inhabitants wished to settle in the town, a home lot and farm was frequently granted to him, generally, however, with the condition that he was to remain and improve the same for a term of years. Persons who understood useful trades were thus encouraged to become members of the new settlemer;t, and in many instances a share in the undivided property, or, as it was called, " a right of commonage," was granted to them. All that was not actually disposed of in this manner was justly supposed to belong to the original purchasers and their heirs. As a few pounds were sufficient at that time to buy a " right," almost every one who came to settle in the place availed himself of the privilege, and so the proprietors and the townsmen were almost identical ; still it was well understood that none had any claim to the public lands who had not purchased a share in them. A list of the proprietors with the amount of their respective rights, was carefully kept ; and when from time to time large tracts of lands were divided, each tract was carefully surveyed and divided into as many lots as there were 150 pound allotments in the town,* the proprietors were duly notified of the completion of the work and warned to be present at the time of drawing, and on the day appointed each drew his share by lot. The num- ber of allotments was 41, and the whole number of proprie- tors 47.
Althouijh the number of allotments was never increased to any great extent, yet from various cause-! the number of pro- prietors in course of time became very great, some of them owning but a small fraction of a share; still their right was luUy recognized, and it was not until they began to lay claim
* The origin of the 150 pound allotments will be found on page 50 of this work.
X INTRODIJCl'ION.
to all lands under water, and attempted to control the fishing privileges, that any serious controversy arose between them and the town at large. At length, by carrying their claims to the farthest extent allowed by theory, they prejudiced even their just rights, and in ISIS the word Proprietor was an- other name for grasping, unscrupulous avarice.
As the undivided lands diminished in quantity, the value of a share became less, and at the present time a proprietor right, once so important, is little more than a name.
We have reason to believe that a school was established in Southampton at a very early date. The records to the year 1655 are in the hand writing of Richard Mills, who styles hirriself ''school master," and probably acted in that capacity from the time of the settlement. What at that time was called a school, can hardly be compared with the institutions of the present day ; the branches taught were few in number, and the instruction exceedingly limited. Almost all required of the school master was that he should be a fair penman, and possess a tolerable knowledge of Aritlimetic. Geogra- phy, Grammar and other branches now considered essential were not taught at all, books were not easily obtained, and the instruction was mostly oral. To read and write and learn the fundamenral rules of arithmetic was ail that was consid- ered necessary, and the "Rule of three " was to most of tlie scholars the boundary of mathematical knowledge.
The master himself held a iiigii position in the town from his superior knowledge. His narrow income was often in- creased by small sums received for writing deeds and other legal documents. A sick man would send for him to make his will, and he would be called upon by town officers to as- sist in adjusting town accounis. If he could sing, his fortune was made, and he would always be a welcome addition to all social gatherings.
Witchcraft, that caused so much alarm in New England, was the source of one of the most painful episodes in Ameri- can history, never seems to have disturbed tiie quiet of the
INTRODUCTION. XI
town ; the only reference to it is found in 1667 when a per- son is persecuted for slander in asserting that a certain wom- an had bewitched him ; it seems to have excited little atten- tion, but it is to be feared that nothing was wanting but favorable circumstances to cause such scenes as made Salem so notorious in history. The belief in Witchcraft may have been absurd, but it was certainly universal ; the dread of its influence may have been groundless, but it was certainly un- feigned ; men can hardly be blamed for taking such precau- tions for their safety as the united voice of the age considers necessary, and our ignorant ancestors may be pardoned for believing what the greatest of British jurists never ventured to doubt.
With the year 1660 the era of the settlement may be said to end ; the new enterprise was no longer an experiment, but established upon a firm and sure foundation. The Indian tribes, that had been a source of constant alarm, were no longer regarded with that dread that made every house a castle, and every man a soldier. The brief period of Dutch government only bound them faster to the mother country to which they were united by the ties of blood. The day of their probation was ended, and it will be well for ourselves and those who may come afcer us if, in the hour of peril, Heaven shall grant us hearts as bold and hands as strong as those with which the fathers met all the storms of fate.
And it is a feeling of profound respect for the memory of the Puritans, deep appreciation of their labor in behalf of human freedom, veneration for those institutions that are the blessing of the earth as it is and the glory of the world as it is to be, that has prompted one who is of a different race, and can claim no kindred with the names that are written in this book, to collect with jealous care the fragments that time has spared, and preserve this history.
The editor wishes to express his obligations to the Rev. G. R. Howell for much valuable assistance in preparing this work for the press.
WILLIAM S. PELLETREAU. Southampton, March 1st, 1S74.
March 10, 1639. In consideracon that Edward Howell hath disbursed 15 lb. and Edmond ffarington 10 lb., Josias Stanborough 5 lb., George Welbe 10 lb., Job Sayre 5 lb., Edmond Needham 5 lb., Henry "Walton 10 lb., and Thomas Sayre 5 lb., Itt is Agreed vpon that wee, the forenamed vndertakers haue dis- posed of oar seueral pts of our vessell to Daniell How. In Consideracon whereof hee is to transporte them so much goods either to them their heirs, executors and Assignes, (If they shall desire it,) as their Seuerall Somme or Sommes of Monney Shall Ammount vnto, and moreover, to each of those persons Aboue named or their Assignes, he shall trans- porte to each man A person and A tunne of goods free. But in case that any of the forenamed Persons shall not haue oc- casion for the transportacon of soe much goods as his money shall Ammount vnto, that then the said Daniell is to make them payment of the remainder of the monney by the end of two yeares next ensueing the date hereof, and likewise this vessell shall be for the vse of the Plantacon, and that the said Daniel! shall not sell this vessell without the consent of the Maior pu. of the Company. And that the vessell shall be reddy at the Towne of Lynne to transporte such goods as the aforesaid vndertakers shall Appointe, that is to say, three tymes in the yeare, ffurthermore, if In case that any Person or Persons shall not haue occasion to Transport any goods that then the said Daniell is to pay them their Somme or
2 RECORDS : TOWN OF SOUTHAMPTON.
Sommes of Monney together with AUowence for A tunne of goods and A person within the tearme of two years next en- sueing the date hereof, And for the full performance of * * * said Daniell hath * our [three lines gone] fturthermore where as it is expressed formerly that the vessell shall come to our Intended Plantacon three tymes in the yeare, we thought good to express the tymes, viz : the first Moneth, the fourth moneth and the eighth moneth.
fturthermore ffbr the rates of persons, goods and chattell, if there proue any difference betweene vs, the vndertakers and the Said Daniell How, that then it shall be reffered to two men whome they and he shall chuse.
fturthermore for as much as Allen Bread, Thomas Plalsey and William Harker Are by the Consent of the company come into and party vndertakers with vs, we Edward flowell Daniell How and Henry Walton have consigned three of our pts. that is to each man a howse lott, plantinge lott and farme answerable to the rest of ye vndertakers for their disburse- ment of five pounds A man to vs the aboue said vndertakers, That is to say whereas Mr. Howell had 3 lotts he shall have but two, and Daniell How for 3 lotts shall have but two and ?Ienry Walton for 2 lotts shall haue but one.
EDWARD HOWELL.
DANIELL HOW.
HENR. WALTON.
Forasmuch as wee, Edward Howell, Edmond fflirington, Edmond Needhaai, Daniel How, Josias Stanborough, Thomas Saire, Job Saire, George Welbe and Henry Walton & Thomas Halsey, Allen Bread and William Harker haue disbursed four score pounds ftbr the settinge ftbrward A Plantacon and in regard wee have taken vpon vs to transporte at our owne prop costs and charges all such persons as shall goe at the first voyage when those of our company that are chosen thereunto shall goe upon discouery and search and to beginne and settle a plantacon. and fturthermore, in regard all such
RECORDS: TOWN OF SOUTHAMPTON. 3
persons soe goinge upon our acompt, haue in our vessell the llreedom of half a tunne of goods a person it is tliought meete that wee the forenamed undertakers should not at any tyme nor tymes hereafter be lyable to any rates, taxes or Imposi- sitions, nor be putt vpon any fenceing, building of meeting house, erectinge fFortifications, buildinge of bridges, prepair- inge highways nor otherwise charged for any cause or reason whatsoeuer during the tyme of our discontinuance in our In- tended Plantacon except yt in the fenceinge in of plantinge lotts, euery man shall with his neighbors fence or cause to be fenced by the first day of April wch shall be 1641.
ffurthermore because the delayinge to lay out the bounds of townes and all such land within the said bowndes hath bene generally the ruin of townes in this country, therefore wee the said vndertakers haue thought good to take upon us the dispose of all landes within our said bowndes soe yt wch wee lay out for A house Lott shall at all tymes from tyme to tyme here after continue to be A. house lott and but one dwelling house shall be builded vpon it, and those lotts yt wee lay out for plantinge lotts shall not at any tyme nor tymes hereafter be made house lotts whereby more Inhabit- ants might be received into our said Plantacon to the ouer chargeing of Commons and the Impoverishinge of the towne, and yt alsoe what is layed out for commons shall con- tinue commons and noe man shall presume to Incroach vpon it not so much as A handes breadth, and what soever we lay out for farmes shall so remaine for after tyme, and ye dis- posall of all such lands soe layed out shall be at all tymes and from tyme to tyme hereafter at the will and pleasure of vs, the vndertakers, or executors, administrators and assigns, [3 LINES GONE,] and alsoe, who soever selleth his Accommoda- tions in the towne shall sell howse lott and plantinge lote or lotts and meadow Intirely and if hee sel his farme he shall not deuide it but sell it together, viz : his ffarme Intirely and his Accommodations in ye Towne Intirely. Moreouer who- soever Cometh in by vs shall hould himselfe satisfved with
4 EECOEDS: TOWN OF SOUTHAMPTON.
four Achres to an howse lott and twelue achres to a plant- inge lott and soe much meddow and vpland as may make his Accommodations ffifty achres, except wee, the said underta- kers, shall see cause to Inlarge that proportion by A farme or otherwise, ffurthermore noe person nor persons whatsoeuer shall challenge or claime any proper Interest in seas, riuers, creekes, or brooks howsoeuer bounding or passing through his grounds but fFreedom of fishing, fowling and nauigation shall be common to all within the bankes of the said waters whatsoeuer.
And whosoever shall fell any tree or trees in high wayes, is either to grubb them vp by the rootes or else to cut them smooth up even by the grounde, and take the tree or trees out of all such highways. And whosoever felleth any tree or trees in the commons shall either carry away the body or bodyes thereof with ye Aptnances or else sett or lay it up on heapes soe as the pasture for chattell or passage for man or beaste may not have any Annoyance. Likewise noe person nor persons whatsoever shall fell or lopp or carry away any tree or trees, firewood or otherwise, off or from any lott or lotts whatsoeuer for as is tiie lande so shall ye Aptnances bee every mans owne peculiar property.
Neither shall any person make or use any highwayes, paths or otherwise ouer any persons howse lott, plantinge lott or meadow, but shall upon all occasions use the AUoued wayes layed out for yt end.
ffurthermore it is thought meete that if the said vndertakers make any Composition with any person or persons yt lay claime' * * manifest his or their * * * j,^ .^uy ^f^Yt or parts in all * * of the place where god shall cause or direct us to beginne our Intended plantation * * * the [2 lines gone] And it come to pass yt wee the said under- takers shall either in our owne names or in tlie names of the Inhabitants In generall promise to pay or cause to be payed any somme or sommes of money, goods or chattell, fines or rates, or the like as may hereafter be thought meete propor-
RECORDS : TOWN OF SOUTHAMPTON. 5
tionably to what they Inioy and that then every person or persons Inhabitinge within the boundes of our plantation, be- ing owners of land there, that they shall be contented and pleased to help to beare A share or shares from tyme to tyme and at all times hereafter, of all such payments as may be re- quired of vs, the forenamed vndertakers, or executors, Ad- ministrators or Assigns, and yt his or their subscribinge to these ^.resents may be a sufficient declaration under all such persons handes, yt they doe Approue of all the premises here specified.
Lastly, wee the said undertakers testify by these presents in our admittinge of Inhabitants to our Intended plantacon that wee without any kinde of reservation, leave men ffi^ee to choose and determine all causes and controuerseys, Arbitrary among themselves. And that whensoever it shall please the lord, and he shall see it goode to adde to vs such men as shall be fitt matter for A church, that then wee will in that thinge lay ourselues downe before ye conistitutes there of either to be or not to bee receaued as members thereof according as they shall discerue the worke of god to be in our heaits. EDWARD HOWELL, Ye marke of
EDMOND NEEDHAM, EDMOND X FFARINGTON,
JOSIAH STANBOROUGII, JOB SAYRE,
DANIELL HOW, HENR. WALTON, GEORGE WELBE,
mark of THOMAS HALSEY,
ALLEN X BREAD, WILLIAM HARKER,
Vndertakers.
The mark of PHILIP KYRTLAND,
THOMAS t NEWELL, NATHANIEL KIRTLAND,
JOHN FFARRINGTON, THOMAS FFARRINGTON,
the mark of THOM TERRY RICHARD O ODELL. (?)
These are to giue notice that wee, the aforesaid company of
6 records: town of Southampton.
vndertakers, doe fully and fFreely give our consentt that John Cooper shall and is admitted an vndertaker with the like full and lymited power with our selues in all cases yt may con- cerne our Plantacon.
EDWARD HOWELL. The marke of EDMUND X FFARRINGTON, . EDMOND NEED HAM, THOMAS HALSEY, The marke of ALLEN X BREAD, DANIEL HOW, HENR. WALTON.
A DECLARATION OF THE COMPANY.
Know all men whome these presents may concerne yfe whereas it is expressed in one Artickle that the power of dis- posinge of lands and Admission of Inhabitants into our plan- tation shall at all tymes remaine in the hands of vs the said vndertakers to vs and our heirs forever, that our true intent and meaninge is that when our plantacon is layed out by those Appointed according to our Artickles and that there shall be a church gathered and constituted according to the minde of christ that then wee doe fFreely lay downe our power both of orderinge and disposeing of the plantacon and receiv- ing of Inhabitants or any other thing that may tende to the good and welfare of ye place at the feete of Christ and his clmrch, provided that they shall not doe any thinge contrary to the true meaneinge of the fibrmer Artickles.
ffurthermore whereas it is expressed in A fformer Artickle yt the lande of ye undertakers shall at all tymes remaine ffree from affordinge any helpe to builde meetinge house or making of bridge or bridges or mendinge of highwa}'es or the iyke during the tyme of their discontinuance from our Plantacon it is thought meete that it shall take pLice and stand in force
RECORDS : TOWN OF SOUTIIAMYTON. 7
but two yeares vnless there bee some goode reason given for it and then those shall have land only for the third year provided that within the third year they come back againe * * * ye 4th day of ye 4th * 16 — [one line partly goi?e.] V In Witness of tl.ese two Artickles foregoinge we have set
to our handes.
The marke of EDMOND X FFARRINGTON, EDWARD HOWELL, JOHN COOPER, THOMAS HALSEY,
EDMOND NEEDHAM, DANIEL HOW,
HENR. WALTON, THOMAS SAYRE.
These aie to give notice that wee the afore sayd vndertak-
ers doe fully and freely give our consent that Mr. John Gos-
raere shall and is admitted an vndertaker with the like full
and limited power with our selues in all cases yt Concerne
our Plantacon.
EDWARD HOWELL,
EDMOND NEEDHAM,
HENR. WALTON,
JOHN COOPER,
WILLIAM HARKER,
JOB SAYRE, The marke of ALLEN X BREAD,
THOMAS SAYRE, The marke of EDMOND X FFARRINGTON,
THOMAS HALSEY.
8 RECORDS : TOWN OF SOUTHAMPTON.
NOTES TO THE "DISPOSALL OF THE VE8SELL." Prepared by Rev. G. R. Howell.
1. Edward Howell came from Marsh Gibbon, in tli hun- dred and shire of Buckingham, Eng., where in 1639 he sold th Manor of Wesbury which he held in fee by inheritance, this manor was bought by Willi.. m Howell in 1536 of Robert Dormer who had it from the company of Cooks of London to whom Edward I demised it, to William who died Nov. 30, 1557. succeeded his eldest son John who died without issue in 1576, and the manor then passed tnto the hands of the sec- ond son Henry. From him it came to another Henry (son of the last named) who in 1606 pays 20£ to the sheriff of Bucks Co. on a loan to Plngland. Edward the Southampton colonist inherited the estate from the second Henry (who appears to have been his father according to Lipscomb's Buckingham- shire). For a geneology of his descendants see Howell's his- tory of Southampton.
2. Daniel How. He was one of the most influential pioneers of the settlement, and a magistrate probably as long as he was a member of the colony. He was made freeman at Lynn 1534, and Lieut, in the Ancient Artillery Co. 1638, resided in Southampton up to Oct. 1643, but was one of the founders of East Hampton in 1648, where he probably removed in 1649. Had brother Edward and son Ephraim.
3. Edward Farrington je 47, came from Olny, Co. of Bucks, with wife Elisebelh and 4 children in 1635, (died 1671,) his wife Elisebeth was b. 1586 and children Sarah b. 1621, Mar- tha b. 1623, John b. 1624, Elisebeth b. 1627, and m. John Fuller 1641. Edmund, Thomas, John and Edward are found on the early papers, but no evidence of actual residence here, except Thomas and Edward, both of whom are on the list of 1645^ but not of that of 1644. Edward was here apparently in 1657, the family returned to Mass.
4. Allen Bread. Although he is named in the Indian deed, Dec. 13, 1640, it is doubtful if he remained here through the first year, he was of Lynn in 1630 and returned to Mass. 1641.
RECORDS : TOWIs OF SOUTHAMPTON. 9
5. Wm. Marker returned to Lynn, had w. Elisebeth who died May 21, 16G1.
6. George Welbee. A resident of Lynn in 1638, he did not remain in Southampton probably after the first year.
7. Edmund Needham did not remain long, as no land ap- pears to be reeorded to him. He died at Lynn 1677, leaving children.
8. Henry Walton removed in the first or second year of the settlement, probably to Boston where a Henry W. lived many years at this period. [His name occurs in the Indian Deed, but not after. W. S. P.]
9. Thomas Newell or Newhall probably never came to Southampton. Resided at Lynn where he left descendants.
10. Philip Kirtland came quite early to Lynn, had 2 sons Philip ^2J, Nathaniel m 19 (1035) came from Co. of Bucks, En. to Lynn, in the Hopewell 1635. He had another son John, b. about 1617, they probably returned io Mass. before 1644.
11. Thorn. Terry he probably removed to Southold where the name is common and has been since the settlement.
JAMES FAEEETT'S PATENT. Know all men whom this present writing may concerne, thatt I James Farrett, of Long Island, Gent., Deputy to the Right honorable the Earle of Sterling, Secretary for the King- dom of Scotland, doe by these presents, in the name and be- halfe of the said earle, and in mine owne name, as his Deputy, as it doth or may in any way concerne myself, Give and Grant ff'ree leave and liberty to Danyell How, Job Sayre, George Wilbe and William Harker, together with their asso- ciates to sitt downe vpon Long Island aforesaid, there to pos-
10 records: town of SOUTHAMPTON-
sess, Improve and enjoy Eight miles square of land^ or so much as shall containe the said quantity nott only vpland but alsoe what soeuer meadow marrsh ground, Harbors, Rivers, and Creeks lye within the bounds or limitts of the said Eight miles, the same and every part thereof quietly and peacbly to enjoy to them and their heires forever without any disturb- ance, lett or molestation from the said Earle or any by his appoyntment or procurement for him or any of his, and that they are to take their choyce to sitt downe vpon as best suit- eth them. And allso that they and theire Associates shall en- joy as full and free liberty in all matters that doe or may con- cerne them or theires or that may conduce to the good and comfort of them and theirs both in church order and civell Government, together with ail the easements, conveniences and accomodations what soever which the said place doth or may afforde answereable to wt other Plantations enjoy in Massachusetts Bay. Butt in as much as itt hath pleased our Royall King to give and grant the Patente of Long Island to the aforesaid Earle. In consideration thereof it is agreed upon that the trade with the Indians shall remain to the said Earle of Sterling to dispose of from time to time and at al^ times as best liketh him. Onely the aforesaid Daniel How and his copartners shall have liberty to make choyce of one man amongst them that shall freely trade with the Indians in theire behalfe for any victuals within their owne plantation, but not for wampam. And if any of the aforesaid persons or any for them shall secretly trade with the Indians for Wam- pam, whether directly or indirectly with out leave or license from the said Earle or his assigns, the person or persons soe of- fending shall pay for every fathom so traded, to the said Earle or his assigns the sum of twenty shillings, ffurther itt is Agreed upon that what soever shall be thought meet by the Right Worshipful John Winthrop Esq , Governor of the raas- sachusetts Bay, to be given to the Earle of Sterling in way of acknowledgement, as the Pattenttee of the place, shall be duly and truly payed, and ffurther more it is agreede upon
records: town of SOUTHAMrTON. 11
that noe man shall by vertue of any gift or purchase, lay any claim to any land lyeing within the compass of the eight miles before mentioned, but only the aforesaid Inhabitants shall make purchase in their own names and at their own leisure from any Indians that Inhabit or have lawful right to any of the aforesaid land or any part thereof and thereby assume itt to them selves and their heirs as their Inheritance for ever. In witness whereof we have herevnto sett our hands and seals the 17th day of Aprill, 1640.
Memorandum, that the true meaning of Mr. Farrett is that, whereas bee hath formerly purchased certain lands in Long Island for the Earle of Sterling or him selfe, that he doth by these presents fully release all claime and Interest in the land aboue mentioned or persor^s that shall sitt down upon it with all title to gouernment whether in church or Common wealth all which is to bee clearely and fully drawne up accordinge to the true meaning of this agreement when things shall be set- tled and concluded by the Right honourable John Winthrop above mentioned.
JAMES FARRETT^ [l.s.]
Sealed and delivered in Presence of
TiiEopH. Eaton, John Davenport.
[The following document is written upon the back of James Farrett's patent.]
I Winthrop within named having seariously considered of that which in this writing is reffered to my determination, al- though I am very unwilling to take it vpon me & as unfit also the rather being to seeke of any rule or approued precedent to guide me herein, yet being called hereunto I shall express
12 RECORDS: TOWN OF SOUTHAMPTON.
what I conceive to be equall vpon the considerations here en- sueing, viz, the land within granted being a meere wilderness and the natiues of the place pretending some Interest which the planters must purchase and they might haue had Jand enough gratis (and as convenient) in the massachusets or other of the collonies with liberty to trade with the Indians (which they are debared from) and for that they had possesed and im- proued this place before any actuall claime made thereto by the Right honbbl. the Earle of Sterlinge, or had any neede of his lordships patent, and whereas his lordship (vpon consider- ation I suppose of the piemises) required nothing of them but m way of acknowledgement of his interest, I doe here vpon conceive and doe accordingly, (so farr as power is given me) order and sitt downe that the Inhabitants of the tract of land within mentioned or the plantation now called Soutiiampton, vpon Long Island, and their successors forever shall pay year- ly to the said Earle of Sterling his heirs or assignes vpon the last day of 7 ber, att Southampton aforesaid foure bushells of the best Indian Corne theire growing, or the value of so much in full satisfaction of all rents and services (the 5th part of gold and silver oare to the kings majesty reserved always ex- cepted.) In testimony where of I have hereunto sett my hand, dated 20 (S) 1641.
JO. WINTHROP.
INDIAN DEED. This indenture, made the 13th day of December, Anno Dom. 1640, betweene Pomatuck, Mandush, Mocomanto Pathemanto, Wybbenett, Wainmenowog, Heden, Watemexo- ted, Checkepuchat, the natiue Indabitants & true owners of the eastern pt. of the Long Island, on the one part, and Mr. John Gosmer, Edward Howell, Daniell How, Edward Need-
RECORDS : TOWN OF SOUTHAMPTON. 1 3
ham, Thomas Halsey, John Cooper, Thomas Sayre, Edward fFarrington, Job Sayre, George Welbee, Allen Breade, Will'm JIarker, Henry Walton, on the other part, witnesseth that the sayed Indians for due consideration of sixteene coats already received, and alsoe three score bushells of indian corne to bee payed vpon lawfull demand the last of September, which shall be in the yeare 164], & further in consideration that the above named English shall defend vs the sayed Indians from the uniust violence of whatever Indians shall illegally assaile vs, doe absolutely & for ever give & grant & by these presents doe acknowledge ourselues, to have giuen & granted to the partyes above mentioned, without any fraude, guile, mentall reservation or equivocation to them & theire heires & suc- cessors for ever, all the lands, woods, waters, water courses, easem.ents, proffits & emoluments thence arisinge what soeuer from the place comonly knowne by the place where the In- dians hayle over their cannoes out of the North bay to the south side of the Island, from thence to possess all the lands lying eastward between the foresaid bounds by water, to wit, all the lands pertaining to the parteyes aforesaid, as alsoe all the old ground formerly planted lying eastward from the first creek at the westmore end of Shinecock plaine. To have and to hold forever without any claime or challenge of the least title, interest or propriety whatsoever of vs the sayd Indiang or our heyres or successors or any others by our leave, ap- pointment license counsel or authority whatsoever, all the land bounded as is above said. In full testimonie of this our absolute bargaine, contract & grant indented & in full & com- plete satisfaction & establishment of this our act & deed of passing over all our title and interest in the premises, with all emoluments & profits thereto appertaining or any wise belong- ing from sea or land within our limitts above specified without all guile wee haue set to our hands the day and yeare above sayd.
Memorand. Before the subscribing of this present writing it is agreed that the Indians aboue named shall haue libertie to
14
RECORDS : TOWN OF SOUTHAMPTON.
breake vp ground for theire vse to the westward of the creek afore mentioned on the west side of Shin<.=!Cock plaine.
MANATACUT, X his mark, MANDUSH, X his mark, WYBENET, X his mark, HOWES, X his mark, SECOMMECOCK, X, MOCOMANTO, X, these in the name of the rest.
Witnesses of the deliverie & subscribinge this writing. Abraham Pierson, Edward Stephenson, Robert Terry, Joseph Howe, Thomas Whitehone, Joshua Griffiths, William Howe.
CONFIRMATION OF THE INDIAN DEED.
November the 24th, 168G. This day Apeared before me Llift. Collonll John Youngs Esq., one of his Majesties lustices of the peace, eleven of the Chiefs of the Indians of Shinecock, namely : Pungamo, Sachem who is son and heire to the within subscribed Mandush, and quaquashawg, lohn man, Cobil, asport, palamcowet, wahamba- haw, wiack hance, Suretrust Saspan Ahickock, five whereof being old men, Did declare before me as followeth (viz) that the aforesaid Mandush Sachem and true proprietor with these Indians with him subscribed to ye within written Deed, with ye full consent of the Rest of the Indians of Shinecock & did according to this Deed as within written sell and alienate the
RECORDS : TOWN OF SOUTHAMPTON. 1 5
said lands to the English therein named and did alsoe declare that upon theire certaine knowledge they knew that the with- in said payment for the said lands was by the said English made to the said Indians according to covenant as withui ex- pressed, to their content, and that all the forenamed Indians Did this day unanimously Acknouledge and consent unto the within written Deed according to the true Intent there of as atest my hand the day and year aloresaid.
JOHN YOUNGS.
We namely Pungamo Giee Mamanamon Indian Sachems of Shinecock by and with ye consent of our people doe hereby acknowledge that ye within Written deed of sale made by our fathers and predecessors is a just and honest conveyance of ye lands within mentioned accordinge to ye true Intente and meaning thereof as is therein bounded and expiessed, and for the full confirmation of ye premises We the afore named In- dian Sachems by and with the consent of our people and In there behalfe as Mell as for our selues and ours and their lieires and sucksessors doe by these presents Ratify and Con- firm the within written Deeds with all the premises therein contained to ye associates their lieires and sucksessors of ve purchasers of said land within mentioned. In testimony whereof we the said Indian Sachems haue Set to our hands and Seals In Southampton this Sixteenth of August In the yeare of our Lord 1703.
' POMGUAMO his X mark Sachem CHICE his X mark Sachem MAHMAN AM his O mark Sachem
Sijjned Sealed and delivered In Presence of Stephen Bowyer Arthur Tority Benjamin Marshall
16 RECORDS: TOWN OF SOUTHAMPTON.
August IGth then appeared before me the Subscribed Pom-
guamo Chice Mahman am Indian Sachems and did acknoul-
edge this aboue Confirmation to be theire free and voluntary
act and deed.
Test, JOHN WHEELER, justice.
(The above Confirmations are written upon tiie back of tiie Indian deed).
When the town Records came into my hands in 18G2, it was the common behef that tlie earliest records were lost, but upon a careful examination two rolls of papers were found which proved to be the leaves of a book. These I arranged in chronological order, (as the pages were not numbered,) and as the accounts of town meetings of each year from 1641 were found, it is to be supposed that com])aratively little has been lost; the volume thus made was strongly bound and carefully indexed, and if not destroyed by accident may last for genera- tions to come.
This volume is now printed, and no pains have be sjiared to make an exact coj»y of the original, and tiothing has been omitted. The records to 1G5L are in the handwriting of Richard Mills, who seems to have acted as school master in the town fi'om the settlement, though his name does not oc- cur previous to 1650. In 1651 he sold his home lot to Jofin Cooper, Jr., and removed from the town (his house lot is pro- bably the one now occupied by the Presb^'terian parsonage). He was town clerk in Westchester in 1661. Schoolmaster in Middleburg 1657-1660. (See O'Callaghan's Dutch Records, 107, 120, 132).
The laws founded upon the Alosaic Code found on pages 3-8 (of the original book) are supposed to be in the handwrit- ing of Abraham Pierson, first minister of the town.
It is perhaps unnecessary to add that* until 1757 (he year was considered as beginning on the 25th day of March, and that month is always mentioned as being the first of the year. The word "page" and the number at the commencement of paragraphs denote the pages of the original volume of town Records now in the Clerk's offic^e.
May 1st, 187 3. W. S. P.
RECORDS : TOWN OK SOUTHAMPTON. 17
LIBER A. TOWN RECORDS OF SOUTHAMPTON. [The first two pages here copied seem to be a fly leaf of the original booi^.].
Page 1. George Wood doth acknowledge himself to owe vnto this towne the summe of 10 pounds to be leved of his goods and Chattells, lands & tenements, vnder this condition that he ye said George Wood shall appeare at ye next quarter Court to be holden for ye body of this town, then and there to take order for ye discharge of ye said towne of a Bastard child where of he is father.
John Cooper doth acknowledge himself to owe unto this towne ye summe of 5 pounds to be levied of his goods & chat- tells lands and tenements under this condition that George Wood doe appear at ye next quarter Court to be holden for ye discharge of ye said towne of a Bastard Child where of George Wood is fiather.
Cooper and John Moore doe acknowledge themselves
to owe vnto the bodv of this towne the summe of five pounds to be levied of their goods and Chattells lands and tenements vnder this condition that Arthur Bostock doe appeare at the next quarter Court to bee holden * * * O^itober then to make his personale appearance- Arthur Bostock made his Appearance according to the Re- cognisience.
Pagb 2. LIST OF THE FREEMEN.
Mr Edward Howell John White Edward Joanes
Josiah Stanborough Mr John Gosmer Mr Rainer Thomas Talmage Mr Odell Mr Browne
Thomas Halsey Richard Barret John Howell
Wm. Rogers John Cooper Mr Thomas Top[)ing
Thomas Saire Mr John Ogden Mr Smith
Mr Robert Fordham
1 8 RECORDS : TOWN OF SOUTHAMPTON.
These freemen called ye Sth of October 1650 at ye Court of Election, "William Rogers default, Mr Smith default.
Page 4. An Abstract of the Lawes of Judgement as given Moses to the Commonwealth of Israel, soe farr 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 In- habitants of this Collony of Southampton.
OF TRESSPASSES.
1. Yf a mans swine or any other Beast or a fire kindled by him break out into an other mans field of Corne he shall make full Restitution both of the damage done by them, and of the losse of tyme wch others have had in Carryeing 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 be made of the best of his owne though yt were much better than that which was destro3^ed 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 uncouered and a beast fall into yt, he that killeth the beast and the owner of the pit shall make Restitu- tion. (Exod. 21, 35.)
3. Yf a mans beast killeth the beast of an other the owner of the beast shall make Restitution. (Exod. 21, 28).
4. Yf a mans Oxeor other beast gore or bite and kill a man or woman, whether child or liper age, the beast shall be kill- ed and noe benefit of the dead beast reserued to the owner. But if the oxe or other beast were wont co push or bite in former tymes and the owner hath been told of yt and hath not kept him in, then the oxe or beast shall be forly ted and killed and the owner also put to death, or else fined to pay what the Judges and person damnified shall laye vpon him.
RECORDS: TOW.N OF SOUTHAMPTON. 19
5. Yfaman deliver goods to his neigiibor to keepe and they be sayed to be lost or stolen from him, the keeper of the [Page 41 goods shall be put to his oath concerning the [two words gone] which yt he take and noe evidence appeare to the contrary hee shall be quitt But yfheebee founde false vnto his ueihhbor or vnfaythful hee shall shall paye double vnto him.
But if a man take hire for the goode committed vnto him and they be stolen the keeper sh&ll make restitution, but yf the beast soe kept for hire dye or be hurt or be driven away no man seing of it, An Oath shall be taken of the keeper that yt was without his default and yt shall be accepted.
But yf the beast bee torne in peices and a peice be brought for witness yt excuseth the keeper. Exod. '22, 13.
OF CRIMES, AND FIRST OF SUCH AS DESERVE CAPITAL PUNISH- MENT OR CUTTING OFF FROM A MANS PEOPLE WHETHER BY DEATH OR BANISHMENT.
1. Of Blasphemy which is a curseingof God or wicked de- nieing of God by Atheisme or the like, to be punished with death.
2. Idolatry to be punished with death.
:3. Witchcraft which is fellowshippe by consent with a fa- miliar spirit to be punished with death.
4. Consulters with witches not to bee tolerated but eyther to bee cui off by death or Banishment.
5. Heresie which is the maintaynance of some wicked error overthrowing the foundations of Christian Religion with ob- stinacy, yf it be ioyned with endeavour to seduce others there- unto to be punished with death. Because such an heretick noe lesse than an Idolater seeketh to thrust the souls of men from the Lord their God.
G. To worshipp God in a molten or graven Image to be punished with death.
7. Whosoever shall revile the Religion and worshipp of
20 RECORDS : TOWN OF S(jUTHAMPTON.
God and the Government of the Church as yt is now estab- lished to be cut off by Banishment.
Pages 5 and 6. [The 5th and 6th pages as the book is bound are blank].
Page 7, 8. Willful periury whether in * * * or in private conference to bee dunished [two words gone.] Rashe periury whether itt bee in publiok or priuate to be punished with Banishment, !ust is it that such a mans name should bee cut oft from his people who prophaneth so grossely the name of God before his people.
9. Prophaning the Lords daye in a carelesse or scornefull neglect or contempt thereof to bee punished with death.
10. To plot or practic tlie betrayeing of the Country or any principall forte therein, to the hande of any fforeigne State, Spannishe ffrerch Dutch or the like, contrary to the Allegience wee profTesse & owe to our dread Soueraigne Lord King Charles his heires T?nd Successors whilst hee is pleased to protect vs as his Loyall Subiects, shall be punished with death.
11. Vnreuerned and dishonorable Carriage to Magistrates to bee punished with banishment for a tyme, tyll they ac- knowledge their ffault and professe Refformation.
12. Rebellion or Sedition or Insurrection by taking vp of arms against the present Gouernment established in the Country to bee punished with death.
13. Rebellious Children, whether thty continue in Riot or Drunkenesse, alter due cojrection from parents, or whether they curse or Smite their parents Are to bee put to death.
14. Murder which is a willful mon Slaughter, not in a mans necessary or iust defence, nor casually committed, but out of hatred or cruelty to bee punished by death.
15. Adultery which is the defiling of the Marriage bed to bee punished with death.
16. Defiling a woman espoused, is a kindeof Adultary, and jiunished by death, of both partyes. But yf the woman be forced then bv the death of the man onlv.
RECORDS: TOWN OF SOUTHAMPTON. 21
17. Incest which is the defiling of any tliat are of kin, witli the degrees proiiibited in Leviticas to be punished with death. The carnall * * * man with woman [two lines gone] * * * mayed in her father's house, kept silent * * secretly after her marriage with another ;o be punished with death.
IS. Manstealing to be punished with death.
19. ffalse witness against h'fe to be punished with death.
OF CRIMES LESSE HAIN'OUS SUCH AS ARE TO BEE PUNISHED WITH SOME CORPORALL PUNISHMENT OR FFINE.
]. With losse of honour or office yf hae bee a magistrate or officer, meete yt is Rash & prophane|^ that their names should be dishonored who j dishonour Gods name, swearing and! o. with losse of ffi-eedom.
cursein.ire to bee \ '^- "^^^'^^ disability to give testimony.
4. by Corporate punishment, eyther by
punished. f stiipes or by branding them with an hott
yron or boareing them through the tongue as he hath beared and pierced Gods name
2. Drunkenesse as transfornieing Gods Image into a Beast is to be punished with the punishment of a beast. A whippe for the horse and a rodde for the fooles backe.
3. ftorceinge ofamayd or a Rape is not to be punished with death by Gods Laws,
1. With a ffine or penality to the ftathor of the raayd.
2. With the marriage of the mayd defiled (to wit) But {yf she and her ffathei consent.
3. With Corporall punishment of stripes, for his wrong is a reall Slander, and worse to make a whore than to say one is a whore.
!1. By marriage of the rnayd or gluing her a sufficient dowry. 2. By stripes though fewer from * * * the former cause.
22 records: town of Southampton*
Wounding of a ffreeman * * * ffree Inhabitant. [The rest of these laws are lost.]
[The 9th page of the original book is occupied with a copy of the latter part of the Indian deed, the whole of which is on the 12th, 13th and 14th pages. The 10th, 11th and 12th pages of the original book are blank.
Page 13. Southampton the 6tli of April 1G41, yt is Ordered that noe man shall giue or lende vnto any Indian or Indians eyther gunnes pistolls or any other Instruments of Warre viz, powder shott Bullets Matches, Swords or any other engine of Warre whatsoeuer, Vpon payne of the forfeiture of his whole personall estate found within the limits of Southampton and also to be lyable to the Censure of the Court for what corpor- all punishment they shall thinke meet to inflct vpon such like offenders. [Note added.] But at a gen'll Court in October 30 1655 it is concluded that either of ye Magistrates at their discretion may give liberty for the mending of any Indians gun they see meete.
April 6, 1641 yt is ordered that any person whatsoever hath Lott or Lotts vpon Shinecock playne in the which there are any Indian Barnes* or welles lyeing open whereby cattln have or may take hurte or harme, the owners or overseers of such Lotts shall fill up all such Barnes and welles by the tenth day of this Month vpon payne of payeing all such damage as arise by their Neglect, and further to answer for theire con- tempt at the next Court.
Yt is ordered that there shall bee three planteing lots layed out abbutting vpon the Little Common appertayneing vnto each of the forty eight Acres, viz, to Henry Symonds the first lott, to Mr. Abraham Pierson the second Lott, and to John Moore the third lott, yt being further ordered tiiat the persons above mentioned shall be at the chaige of fenceing the sayed lotts soe much as they shall abutt vpon the little common. Yt is ordered that Mr. Howe is to have his plantemg lott at
* "Inpian Bornes" were holes dug ih the earth and lined with bark, for the pnrpose of keep- ing their corn durihg the winter ; they were covered with rnshes. W. b. t".
RECORDS : TOWN OF SOUTIIAMrTON. 23
the end of Allen Breades planteing lott, and yt is to lye three Acres in leniith, and soe much in bredth as will make the lott to eontaiiie three score and foure Acres.
Page 14. 1641 yt is ordered that all the Inhabitants of this towne shall make their psonale Appearance after due warne- ing given at such place or places as they shall be appointed vnto, after the second calling over of their names by the Con- stable or any other officer, and vpon every such default to paye two shillings. And whoso shal appear and then depart without Licence of the Court shall be lyableto paye for every such default two shillings and to stand to the further censure of tlie Court. [Note added.] It is further ordered by the general court October 1648 yt the Secretary & Clarke of the band for the tyme being shall take notis of all defaults of ap- pearai ce & respectiuely & shall within 3 dayes after any such default present them to one or bothe ye magistrates in a war- rant directed to the constable to be served by waye of distress & sale of goods as in waye of execution and the pay soe col- lected shall m..ke accompt to th« townes vse.
December 16, 1641 yt is ordered that the Marshall shall have two shillings sixe pence for the serving of every execu- tion that shall bee to the value of twenty shillings and under, and 10 have sixe pence vpon the pound ouer and above the said two shillings sixe pence.
December 15, 1641 It is ordered that whosoever shall soe offend as th.it they shall be adjudged worthy of corporal pun- ishment by the Magistrate or Magistrates. The marshall shall have twelve pence for every one that he shall according to order give punishment vnto, to be payd by the partye pun- ished, eyether in money or worke. Yt u ordered that for the warneing of Juryes that the Marshall vpon warrant from a IMagistrate shall doe yt, and that he shall vi'arne such persons as are most free from exceptions among the Inhabitants of this place.
— 21, 16 42 It is ordered that the Company of the towne of Southampton shall be trayned sixe tymes in the yeare, and
24 RF.coRns : town of Southampton.
that to be at the most convenient tymes in the yeare accord- [Page 15] ing to the discretion of the Commander, tyi further Order be taken, and that the Inhabitants of this towne from sixteene years old and upwards shall beare Armes (unless they shall have lycence to the contrarie) And tiiat, whensoever any notice shall be giuen of the tynie or tymes of trayning by any officer, tliey shall make their Appearance at the second call of the Clarke or else shall paye for their default three shil- lings, to be gathered by the Clarke, and yf the Clarke shall be absent at the tyme appointed that then he siiall paye for hi.s default five shillings.
ffurther yt is ordered that all traynings are to beginne at seaven of the Clock in the morning from the first of March to the last of September, and from the last of September to the first of March to beginne at eight of the clock in the morne- ing.
December 22 1641 yt is oidered that there shall bee foure quarter Conits in ye yeare,and one generall meeting, to be holden the first of October for election. The quarter Courts to be holden as followeth. One to beginne the first Teusd.iy in ]\Iarch, Anotlier to beginne the first Tewsdaye in Jutie, Another to beginne the first Tewsdaye in Septen)bei and the other the first Tewsdaye in December, yt is aJlsoe agreed that the Magistrates shall have power to call eyther Generall meet- ing or perticular Courts at any other season which in their discretion shall be thought meet.
Yt is ordered that every man sliall cleare sixe feet at the end of his hovvsf^ Lott, botii of xtumpes tree tops, lopps and what soever shall be any Annoyance for tlie passage of Me;; Women or children by m'ght or daye, and this to bee done betwixt this and the twentieth of flebr vpon ye payne of 5 s.
Page 10. Yt is ordered tliat there shall be a Grand Jury warned against every quarter Court to make presentirent of all lawes and orders that shall be broken in this Towne.
Dec. 23 1G41 Yt is ordered that for as much as Nathaniel Kirtland hath bound himselfe to vs the freemen of this Towne
RECORDS : TOWN OF SOUTHAMPrON. 25
That yf there come any man to the Towne and that the Tovvne cannot otherwise Accommodate him that then he shall parte vvifh one of his lotts viz with that which was his Brothers, be- ing payed his charges according as shall be valued by fowre men, two by him & two by the sayde Towne, and that he the sayd Nathaniel shall possess the old ground that was layd vnto his Brothers Lott dureing the sayd tyme.
Jan 2, 1641. The Magistrates shall gouerne according to tlie Lawes now established, and to be established by Generall Courts hereafter, they and eyther of them shall be able to send out warrants to any officer to fetch any delinquent be- fore them, and examine the cause, and to take order by sure- tyes or safe custody for his or theire appearance ai the court. And further to prevent the offenders lyeing in prison yt shall be lawful tor the Magistrates or eyther of them to see execu- tion don vpon any offender for any crime that is not capitall accordinge to the Laws established or to be established in this place.
The Generall Court shall have powre 1 By warrant of the Magistrates or eyther of them to assemble once every half yeare and to sitt together tyll all theire affayres shall bee dis- patched.
Page 17. -J. To call and ordayne Magistrates and other officers, As a Secretary to enroleall the members of the Court, and likewise to ordayne Ministers of lustice to attach and fetch and sett persons before the Magistrates and to execute the censures of the Court vpon the offenders, lykewise the sayd Court shall have powre to call them allso to Accompt for the breach of ai?y Lawes established or other misdemean- ours, and to censure them as the quality of their act may re- quire.
3 To make and repeale Lawes.
4 To impose a levy of Monnies for the publick service of the common wealth as shall be thought fitt for the prouision and protection of the whole.
5 To heare and determine all causes whether civill or crim-
20 RECORDS : TOWN OF SOUTHAMPTON.
inal wherein Appeale shall be made vnto them or which they shall see cause to assume into tlieir cogniscence and Judicature, ffeb. 1 J 641 Yt is ordered that in Consideracon that diners of our Neighbors one the Eapte side of the Towne have de- sired to fence in part of their howse Lotts thinking yt conue- nientfor them to plant neere home, and being acquainted with the danger of yt not onely in regard of great Cattell but also of hogg«, yt lyeing in the waye to Hogg neck conceiveing yt dangerous vnles they fence where upon haveing requested the Generall Court to take some counsel in their behalf there be- ing some of them rnwilling to fence as above sayd, wee doe hereby inioyne euery person that hath a lott one that side of the Towne that they take a course to fence in such a way as they may fence other corne from danger of all manner of Cattell, hoggs or other. And that yf any shall refuse so to doe, that hee or they shall not only looke after their owne corne that shall be spoyled but shall be lyable to paye all damage that come through their not fenceing eyther in corne or cattell.
ffeb 2, 1641 Yt is ordered that yf any person what soever shall leave open any common gates, whereby preiduce shall work to any person or persons the person offending shall paye the damage and twelve pence to the towiies vse or else be whipped.
Page 18. Septem. 7, 1 64 '2. Yt is ordered vpon request made (to the Generall Courte holden at Southampton) by ThomasTalmage Senr, that instead of the eight acre lot which he ther» had, be giving yt vp againe into the Townes handes he shall have another granted vnto him, for his propriety and best advantage.
Octob. 6, 1642. Yt is ordered that noe man shall buy any land of the Indians within the bounds of this towne without the consent of the Generall Court.
Oct 6 1642. Yt is ordered that the Secretary shall have allowed vnto him for every daye the Generall Court shall sitt one shilling and sixepence. And for every presentment by
RECORDS : TOWN OF SOUTHAMPTON. 27
the Grand lury two pence, ftbr the entering of any Action one shilling, flbr entering every Judgement he shall be allowed one shilling, And for the coppy of any of the Court lules sixe pence. [Note on margin] Southampton.
October 6, 1G47. Att the Geneiall Court then holden yt is concluded that ye Secretary shal have four shillings per ann, for keeping the towne book, but nothing for the keeping of General Courts.
October 9 10 42. Yt is ordered that Richard Barret aod Thomas Tomson shall look and espie out for ffuik Daues and Wm. Rodgers each of them two acres of old ground vpon the playne, and that yt shall belong vnto them as all other lands do that belong vnto other men, and their heires for ever, pro- vided that yf eyther of the sayd parties shall depart and leave the towne within two yeares after the date hereof that then the sayd Ground shall return againe into the Townes hands to dispose of.
October 9, 1642. Yt is ordered that every man in this towne that beareth armes shall watch and ward and come to trayneings in their coats
October 9, 164^. Yt is ordered that whosoever shall be found sleeping after he hath taken the charge of the watch shall be liable to the censure of 4 lashes ot the whippe by the Marshall or else forthwith to paye ten shillings.
Page 19. March 10 1043. lohn Moore was censured for saying Daniel How did vsurpe the execution of the place of Magistracy hee then lyein under Church cer.sure, not being then deposed or degraded from the same. And to confesse his fayling yf hee shall bee at the next quarter Court.
March 15 1t=43. Thomas Halsey was censured for some unreuerent speeches to Daniel How in Court being then a Magistrate, who acknowled his offence and promised to make the lyke acknowledgement the next quarter Court.
March 15 1043. William Wills Gent, was censured for some vnreuerent speeches to Daniel Howe, who confessed his offence and promised reformation.
28 RECORDS: TOWN OF SOUTHAMPTON"
March IG 1643. Richard Barret was censured (being Chirke of tiie band) for the neglecte of liis place who prom- ised reformation.
May 16 1643. Yt is ordered that the fence of the little Common* shall bee settvp according to each mans proportion within nine dayes after the date hereof, and whosoever shall then bee defective shall pave three shillings for ea^h pole.
May 16 1643. Yt is ordered that lohn Cooper shall enioy the Lott of old Goodman flarrington or Lynnj^lyeing in South- ampton, with all the privileges thereof, vntil he shall have payd vnto him the sum of fifteen shillmgs for the setting vp the ffence that belongs vnto that Lott vpon the litcle Common.
May 16 1643. Yt is ordered that whosoever shall bee the Cowkeeper in this towne of Southampton & shall according to his agreement haue his wages dve vnto him he lawfully demanding the same, and shall not be satisfied within three dayes after the aforesayd demand yt shall be lawfull for the sayd herdsman with the marshall to leavy the sayd wages by Page 20] execution vpon the goods and Cattell of any such person who shall make default heerin.
May 27 1643. Yt is ordered that yf any man shall receive detriment or damage by reason of any offence which shall be committed by any Indian or Indians eyther vnto his person or ids estate, that within fine dayes after he shall receive knowledge of the same he shall repayre vnto one of the Mag- istrates, and make proofe of the sayd damage or offence, And he shall have power from them or eyther of them to demande require and receiue satisfaction for the same.
May 27 1643. Yt is ordered that yf any person shall re- ceive damage by reason of any tresspass committed by any mans Beast Swine or other Cattle that then the party oflended giue notice within three dayes (after it comes to his knowl- edge) to the trespasser who is to chose one man, and the tres-
* The tract of land so often mentioned in these records as the little Common or little plains, lies at the south end of the main street of the village of Southampton, and bonnded South by the beach, and North by "Gin lane" so called.
KECOHDS : 10W:» ()F SOUTHAMPTON. 29
piissed to chose another to end the controversy. But yf the trespasser shall refuse to chose one man that then yt shall be lawfull for the person tresspassed to chose two men to decide the aforesayd damage or controversie, (if any shall refuse to observe this order hee shall lose his dammage.) [Marginal note.] Tlie words interlyned and added were done by the five men the 8th fteb. 1646 [they are parenthesized in this copy.] Yt is ordered that such executions as shall bee by the Mag- istrate or Maoistrates directed vnto the Marshall shall be leaned by the marshall, and the sayd Marshall shall choose two Indif- ferent men of the flreemen to Apprize such goods and Chat- tels as shall bee vpon distresse. And yt is further ordered yt the aforesayd Marshall shall giue publick notice to the whole towne within twenty fowre howres after such distresse shall be made who shall appoynt a certayne tyme and place wliere public proclamation shall bee made, and whosoever shall bid most shall take the aforesayed Goods or Chattells vpon distrese and satisfaction to be given according to the sayd executions
Page 2 i. May 28 16 4:1. Yt is ordered that whosoeuer hath a lott graunted one the Southwest side of the towne shall fence iti the common fence one the South side of the sea ten poles offence with foure rayles. And every one that hath a lott on the Northeast side of the towne* shall fence fine poles to each lott with fowre rayles. And yt is further Agreed vpon that what shall bee wanting when each man hath don his pro- portion, the remaynder of the sayed fence shall be done vpon a common charge and that each man shall make and main- tayne his fence.
May 28 1643. Yt is ordered that Richard Post shall have giuen vnto him two acres of vnbrokeu vp giound (yf theie be so much) aJioyning to his other two Acres of land lying vpofi
the playne.
]\Iay 29 1643. Yt was ordered by the Generall court that Richard Barret, John Mulford, Arthur Bostock, Thomas Tom-
* It is well known that the first settiempiit was at the place now called old town about one mile east of the present village, and the !oc;.tions mentioned in the tf-xt are in reference to the vicinity. The expression "on the South side of the sea" probably means on the south side of the little plain next the sea.
30 RECORDS : TOWN OF SOUTIIAMPTOX.
son & Robeit Bond, shall have each of them two Acres of land devided vnto them vpo'n the playne, viz. Richard Barret John Mulfbrd and Thomas Tomson shall have the aforesayd two acres to lye next vnto Henry Pierson'^ one acre lott, and Mr Smiths eight acre lott, And Robert Bond in the roome of tlie aforesaj^ed two acres hatii granted vnto him three acres lyeing on the Southside of Mr. Gosmeis S acre lott, And Arthur Bostock's two acres to lye against Robert Bond's west, and against Mv. Gosmers eight Acre lott north.
June 9 1G43 Yt is ordered by the Generall Court that Rob- ert Bond shall not make for any Indian or Indians any harping Irons* or fishing Irons which are knowne to be dangerous Page 22] weapons to ofTende the English. [Note added.] Repealed the 3()th Jan. 1G5U by tlie generall Court.
October 13 JG43 Yt is ordered that vvhatsoevei- matters or orders shall be reffered to the publick vote euery nuin that is then and there present, and a member of the court yhall give his vote and Suffrage eyther against or for any such matter and not in any case to be a neuter. Yt is ordered that all such lotts and lands as are taken u\) by any particular per- sons, such lotts and lands shall be lyable to the payeing of publick rates and charges.
Thomas Burnet hath a lott granted vnto him on the South east side, vpon condition that liee slaye three yeares in the towne to improue yt.
October 26 1643 Yt is ordered that noe cattell shall goe without a keeper from the first of lanuary to the tyme that eueiy mans Indian corne shall be carried home from the playne of each side of the towne except sucli as iiaue right to goe vp- on the little common, vpon payne of fourc pence vpon euery head, and one penny for every Goate, and this to belong vnto him that shall drive them thence to be pounded, and not to deliver them vntill the said forfeitures be discharged.
Page 23. October 26 1643. Yt is ordered that Thomas ITyldreth shall satisfy vnto Mr. Smith to the value of three
*Harpoons.
records: towx of Southampton. 31
pounds and twelve shillings and foure pence, to be payd vnto him in English Wheate after the rate of foure shillings by the bushel), betwixt this and the first of March, and that this ord- er shall bee a finall ende of all matters of Controversie what so ever betwixt them.
November 6 1643 Yt is ordered that whosoeuer shall kill and bring the head of a woolfe vnto eyther of the Magistrates shal have payed vnto him by the Toune the some of Ten shillings.
[Note added.] 14th May 1549 it is further ordered that who- soever killeth anie wolfe shall bringe the skin with theeares & tayle vnto one of the Magistrates, and they that kille a wolfe shall havetwentie shilHngs, allwayes provided it be within the bounds of this towne, and it is only to them yt takepaynes.* Whereas yt was formerly agreed that there should be layed out vnto the lotts of the Southwest side of the Towne ten acres and eight Ares to each lott vpon the playne, yt being certified vnto this present Court, that those lotts are dispro- portionately layed out, yt is therefore ordered that each lott of Ten Acres and eight Acres shall bee new measured and what shall appear to be overplus shall remayne vnto the use of the aforesayd Towne. And what Lotts soeuer shall not be in full measure that then there shall be lykewise an Addition according to each mans proportion. And yf yt shall so fall out tliat any man who hath improiied his land shall vpon measure- ing iiaue mouer than his proportions. Then whososver shall enjoye what shall bee ye ouerplus shall paye for such improue- ment as two men shall value the same and in the mean tyme to enjoye yt to his proper vse tyl satisfaction be given.
Page 24. March 7th 1G44 Yt was voted and consented vnto by the Generall Court that the Towne of Southampton shall enter into Combination with the lurisdiction of Connecticute. March 7th 1044 yt is ordered by this present Court that yf by the prouidence of God there shall be henceforth within the boimds of this plantacon any whale or whales cast vp. ffor
' That is, the revvanl was not to l,o paid for wolves killed hy accident or found dead.
32 RECORDS : TOWN OF SOUTHAMPTON.
the prevention of disorder yt is consented vnto that there shall be fowre wards in this towne, Eleaven persons in each ward, and by lott two of each ward (if any such whales shall be cast vp) shall be imployed for the cutting out of the sayd whales, who for their paynes shall have a double share, And every In- habitant with his child or servant that is aboue sixieene yeares of age, shal haue in the diuision of the other part an equall proportion, prouided that such person when yt falls in- to his ward [be] a sufficient man to be imployed aboute yt.
And yt is lurther agreed vpon that there shall be in each ward eleven persons.
1 ffor the first ward William Barnes, Geo Wood Thomas Cooper Richard Stratton lob Sayre Thomas Burnet John White William Mulford Thomas Halsey Junr, Thomas Tal- mage Senr, and Mr lohnes.
2 ffor ye second ward Richard laques, Thomas Talmage Ju- nior, Mr Pierson Robert Rose, Mr Gosmer Thomas Halsey Senr Mr Stan borough Richard Barret Richard Post Thomas Tomson Robert Talmage.
3 ffor the third ward Richard Gosmer Arthur Bostock Hen- ry Pierson lohn Hande Thomas Hyldreth lohn Mulford lohn Moore Ellis Cook Robert Bond fFulk Danes & Mr Howe.
Page 25. flbr the fouerth ward lohn Cooper Senr Tristrum Hedges lohn Cooper lunr, lohn Cory Mr Howell Mr Odell lohn Houell Richard Smith & Thomas Sayre.
Yt is further ordered that Mr Howell Mr Gosmer and Rob- ert Bond shall give notice after any storme or according to their discretion vnto two persons as they are before mentioned, and so from tyme to tyme vnto other two person, one of which two shall goe to viewe and espie yf there be any whales cast up as far as the South Harbor,* and the other shall goe vnto the third pond beyond Mecockst, beginning at the windmillj. And yf any person f'whose turn it is) who hath Information to goe vpon discouery and shall not faythfully
• The "South Harbor" was an inlet from the Ocean to Shinnecock Bay.
t The pond beyond M^cox was the one called Georgica.
IThe windmill was probably the lirstone on Long Island.. W, S. P.
RECORDS : TOWN OF SOUTHAMPTON. 33
performe the same shalleyther pay ten shillings or be whipped.
March 8 1644 Yt is ordered that the Lott which was be- longing vnto Mr. Howe lyeing next vnto Mr. Piersons house lott shall be reserued for an elders lott. And the lott which was formerly Thomas Halsey's and reserued for an Elders, doth now belong vnto Mr Howell as his proper right of In- heritance.
John Cory hath granted vnto him two Acres of Land next vnto William Mulfords lott yf yt be there to be had.
Robert Rose hath granted vnto him an Acre of new ground oi an Acre & halfe yf yt be there, lyeing next vnto Arthur Bostocks lott on the great playne*.
Page 26. Yt is ordered that all the heardes that doe or shall keep Cattel, As Cowes Goates Hoggs or any other Cat- tell shal hereaiter keep them from foeding vpon any meadous or ground fitt to be mowen for haye within the liberties of the towne or within 3 miles of the sayd Towne, and for such default such person shall be lyable to paye such damage as shall accrue to the sayd Inhabitants.
October 22 1644 Yt is ordered that fFulk Daues shal haue two Acres of new ground vpon the playne layd out for him next vnto lohn Corys his lott.
October 22 1644 At the Generall Court holden by the free- men of this towne Mr. lones hath the lott graunted vnto him which was formerly granted vnto John Budd of Yeanocockt viz the house lott lyeing next vnto Mr. Stanboroughs to ye north and the Ten Acre lot that was Mr. Winthropps, and eight acres which was appoynted vnto Mr Cole of Hartford, and foure Acres of old ground vpon the playne, yf yt can be found out and 48 Acres lyeing next to Mr. Coles, provided that yf he shall remove from this place with his family before 3 yeares shall be expired, that then he shal not sell more of the sayd allotment than he hath iraproued, by building, tylling, or fen-
• The -'Great Playne" so frequently mentioned was the tract of land hounded East by the town Poiut, and West hy Shinnccock bay, Nortli hy the hill street, and South by the ocean, t Now Southnld.
34 RECORDS: TOWN OF SOUTHAMPTON*
cing, And (o allow vnto the towne forty shillings for the said lotts and for the fenceing of the house lott.
Page 27. November 5th 1644 Yt is ordered that whosoev- er shall fell any tree across any commcn cart way and shall not forthwith remove yt thence, .shall paye for euery such of fence three shillings, And whosoeuer hath formerly felled any tree or trees crosse any common cartway and doth not take them away within one month after the date hereof shall paye for euery such default two shillings.
Nouember IS, 1644 lohn Cooper the elder was Censured by the Generall Court for som passionate expressions fiue shillings.
Nouember 18 Yt is ordered that euery man within this towne that beareth armes shall haue a sufficient coslet* of clabbourd or other wood in continuall readiness.
November IS 1644 Yt is ordered that the little common shall be sufficiently fenced against all sorts of cattell and Goats by those that have fences upon the sayd common betwixt this and the first daye of March next after the dace hereof, both for land lience and for water fence, and whose fence shall be defi- cient shall paye for every pole Is 6d.
November IS 1644 Thomas Sayre was censured for some contemptious cariag to Mr. Gosmer being Magistrate, to pay 10s and to make publick acknowledgement of his offence which yf he shall refuse, then to be lyable to paye 40 shillings. Page 28. November 19 1644 The petition that was pre- sented by lohn Stratton and Thomas Talmage Junr for the quiet and peaceable Inionmentof the lott betwixt them which formerly was graunted vnto Widow Bancroft, was graunted and consented vnto by the Generall Court prouided that they shall keep, Improue and possesse the sayd lott in theire handes three yeares after the tyme yt was by the sayd wid- dow Bancroft giuen vnto them.
Nouember 19 1644 It is ordered that all such fines Amerce-
•There is some controversy as to the meaning of the term ••coslet," Mr. Henry Onderdonk, Jr., supposes it to be a gun-rest, and used to tender aim more certain, others think it was some- lhu)g like a shield, and a wooden one would doubtlcLs be a protection aganist Indians' arrows.
records: town of Southampton. 35
ments Taxes or Assessments what soever which have been in this towne past before the date hereof, shall be collected and leauied by the same constable or Marshall in whose yeare they were due to be leauied.
Nouember 19, 1644 The petition of Henry Pierson for the quiet and peaceable enioyment of the lott which he bought of lohn White, was by the General Court consented vnto pro- uided that the sayd Henry Pierson shall enicy and improue the same three years from ye tyme of his purchase before he shall haue pouer to dispose of } t.
March 4 1644 Whereas George Wood and an Indian named by the name of Hope both of them being servants vnto Mr. Ed- ward Howell of this towne of Southampton, haue consented to commit carnal fiilthiness together and the sayd Hope being be- gotten with child hath constantly affirmed the sayd George Wood to be the lawfuU ffather of the sayd child. Both of them haueing receaued corporale punishment. The sayd George Wood and the sayd Indian named by the name of Hope, haue both of them publickly in Court the daye and yeare aforesayd, Consented and agreede that the sayd child basely begoten be- ing at this tyme a yeare old, shall continue to be the lawfull servant of the sayd Edward Houell, his heires or Assignes vn- til the sayd child shall be ot the age of thirty years before he shall be released of his aforesayd Apprenticeshippe, And the sayd Edward Houell doth promise for himselfe his heires and Assignes to prouide for the sayd child meat, drinke, and Ap- parel and necessaryes fit for such a servant dureing the sayd tyme. In witness whereof the parties aboue mentioned haue set to their hands this fourthe daye of March 1644.
March 6 1645 Yt is ordered that what ouerplus vpon the new measureing of the eight Acre lottes vpon the great playne that belonges vnto Thomas Talmage Senr and John Cooper shall lye between their two Lottes, And the ouerplus of the eight acres that lye ajjainst the Great pond, shall bee left on that end next vnto the greate pond, And what shall be left as overplus of Thomas Hyldreths eight Acre lotte shall lye in lenjrtli next to Mr. Gosniers and lohn Moores eiglic Acres.
36 RKCt/RDS : TOWN OF SOUTHAMPTON.
Page 30. — G, 1645 Whereas losiah Stanborough, Richard Barret and Arthur Bostock were appoynted tolaye out the eight and Ten Acre lotts vpon the great playne, yt is agreed vpon and ordered that the aforesayd persons shall prosecute the sayd worke betwixt this and the twentieth daye of April next after the date hereof, and what shall beouerplus of the Eight Acres shall paye for the layeing out of the sayd land Is 4d per the Acre yf yt shall come to so much, and what shall be wanteing vpon the measureing of the Ten Acres (yf any desire to have them new measured) that then what shall appeare to be wante- ing shall bee supplyed at the vpper end next the wood land *
March 0, 1C45 Yt is ordered for ye yeare ensueing that the ffront fence of euery mans lott shall be sufficiently fenced, and yf any mans fence shall be deficient lohn Mulford is author- ized by this preseut Court to amende the sayd ffences and to have of euery one who shall make default 1 d for setting vp and prouiding each pole that shall be wanteing, And in case any man shall refuse to make paymt. The sayd lohn Mulford with the Marshall shall haue powre to make distress vpon any mans goods or chattels.
It is ordered that vnto the lott wch was layd out to Isaack Willman there shall be as good Accommodations layd vnto yt as vnto other lotts one that side of the Towne according to the best discretion of the three layers out.
Page 31. March 6, 1645 Yt is ordered that yf any man who hath a iiome lot in this towne and shall fence one syde of his home lot and his neighbor refuse to fence his syde lyke- wise, That then the benefit of the herbidge of such Lott or Lotts as are not fenced shall belong vnto him who shall f^nce in his lott in perticular, and that their shall not bee any Im- provement of such person vpon his lott vnless the sayd per- son shall fence as aforesayd.
March 6, 1645 Yt is ordered that William Rogers shall haue such Accommodations layd vnto his Lott as other men
* From this and many other items of the same nature we have reason to believe that a part, if not all of the great plains was originally covered with woods.
RECORDS : TOWN OF SOUTHAMPTON. 37
haue on that sid of the towne where his lott lyeth,* with the land to be returned into his hands which was Improved by Mr. Smith with full poure and libertie to sell and dispose the sayd accommodations according to his discretion.
March 6, 1645 yt is ordered that the fiue pounds that are due from Thomas ffarrington and Edward ffarington vnto the Towne shall be layd out for the prouiding of a prison.
luly 7, 1645 Yt is ordered that Mr. Richard Odell shall haue given vnto him the howse lott that was formerly belong- ing vnto Mr. Cole of Hartford, with the 8 Acre lott belonging formerly vnto ye sayd Mr Cole, with 48 Acres of upland, and Ten Ac:es vpon the playne with meddow and ether apperta- nances thereunto belonging vpon condition that he possess the same three years and pay dues as are there vnto belonging.
Page 3*2. It is ordered for the prevention of disorder in the Court that noe person whatsoeuer except the Magistrate or Magistrates shall speake in an business which concernes the Generall Court vnless he bee vncouered, dureing the tyme of his speech, And not to moue or sp<'ake to any other matter or busine&s vntil the former matter in hand be ended. And that there bee noe priuate agitations by any particular persons to prevent the proceedings or Issueing of any matters. And who- so shall make default shal bee lyable to paye sixe pence, and the constable shall distress vpon the goods of the offender and to present the said fines to the next General Court.
Yt is ordered that from time to time hereafter that the Meet • ing howse shall be sweeped vpon the last daye of euery weeke, of each ftamily by turnes vpon notice giuen by those who sweeped yt last. And each family from the first of October to the 15th of Aprill shall by turne lykewise make a fire in the meeting howse vpon each Sabath daye, and to giue notice to the next whose turne yt is, And yf so bee any shall make de- fault haueing notice given, shall paye for every such default two shilHngs sixe pence. And yf any shall neglect to giue no-
• Tliis is tlie present homestead of the heirs of Albert Rogers, and we learn from this and oth- C recordsithat many houses whte built upon the present main street jjrevious to the layuig out L.i the new town plot m 1648,
38 RECORDS : TOWN OF SfjUTHAMPTON,
•tice {iccordiiiij to turne at the leaste one day before the tyme aforesayd yf thereby the worke shall be neglected such shall b<' Ivable to paye two shillings sixe pence.
Yt is ordered that John Bud shall haue graunted viito him 4 Acres of new ground adioyning vnto his former 4 Aces to make vp an eight Acre lott at the end of Mr Gosmers Thos Say res ar d Mr Houells lotts where hee shall think meete
October 13, 1645 Yt is ordered that whosoever shall not appeare vpon warneing giuen to help open the beach or gut at Meacoxe shall be lyable to paye fiue shillings.
Page 33. Yt is ordered that euery one that hath a lot on the west side of the towne shall hence forth mayntayne as his propriety vpon the Beach eight poles two foote and a halfe^ and three poles and 3 quarters of common fence, and euery one that hath a lott one the East side of the Towne to mayn- tayne 4 poles & a foot & a quarter of fence vpon the Beach, And two poles wanteing two foote of Common fence else wheie, And the west side to begin at the west ende, and the ■ east side at the east ende And yf there shall arise any differ- ence betweene the goodnes of any mans fence, yt shal be ad- iudged by two Indifferent men chosen by each man and in • case those who are chosen shall not agree, then they shall haue powre to choose a third man to decide the controuersie, And this to be don sufficiently betwixt this and the 15 day of this Month, And who soe shall make default shall be lyable to paye two shillings vpon ye pole.
October 29, 1645 Yt is ordered by the Generall Court that from the first daye of November to the first daye of March next ensueing there shall be a cessation of bearing of Armes vnto the meeting howse vpon the Lord's daye. And those yt are lyable to beare Armes, the one side of the town shall beare Armes on the Lord's daye, And the other side of the town shall beare Armes the next Lords daye. And so to continve vntil the first daye of Novembe, following vnless the Magis- trate shall giue notice to the contrary, And whosoever shall make default shall pay sixe pence on the foie noon and sixe pence on the afternoone.
RECORDS : TOWN OF SOUTHAMPTON. '^9
Page 34. Henry Pierson luitli 4 Acres of land grauiited un- to liini vpon the great playne, lyeing head vvayes towards Mr. Smiths and sidewayes towards JMr, Wells his lott. and down to the sv^'ampe.
Richard Barret is discharged from beareing of armes prouid- ed that he keep his Armes fixed vvitli powder and Amunition. March 5 1(546 Thomas Halsey was censured for hindering the qviet proceedings of the court and causeing them to lose their tyme by his willfull obstinacy, And for the uniust charge- ing of the Court for lustefying the actions of Mr. Howe, ffor which offence he is required forthwith to make publick Ac- knowledgement, and to paye fiue shillings for his fine.
Thomas Halsey vpon his refvsal to make acknowledgement, of those thi;;gs for which he was censured is fined to paye the sum of forty sliiliings, [Note added,] Thomas Halsey had his fine remitted by the Generall Court holden March the third 1647.
Yt is ordered that euery person within the boundes of this Towne shall be assistant vnto the Marshall & constable in the execution of his oflice, and to haue alloued vnto him for the sei uing of any warrant that concernes any private business sixe pence but not to haue any thing for warrants that concerne any publick business.
April the 6, 2 64''> Yt is ordered that the rates which shal be made for the Towne of Southamton for four years next en- sueing the date hereof sh^d be dve and payable from the sayd towne ot Southampton eyther towards the mainetayningofthe ministry or other town rates (excepting for the killing of wolues) shall be payd according to the proportion of land that shal be taken vp for each man's allotment.
Paue 35. October 6, 1646 Henry Pierson was censured by the Court of Magistrates for miscariage in threatning that yf any man should strike his dogge he would knock him downe, and to paye fi)r the sayd miscariage Ten shillings and to be of good bf-hauiovr.
Octob. 6, 1646 Arthur Bostock was censured by the Court
40 RECORDS : TOWN OF SOUTHAMPTON'
of Magistrates for challengeing Mr. Stanborough to fight with him and to paye for the sayd offence unto the Tovvne Ten Shillings.
Octob. 6, 1646 losiah Stanborough was censured by the General Couit for rescueing of a distress, and for resisting the constable ffor which offence he was fined Ten Shillings to be payed the next Genarall Court vpon deaiand. [Note.] losiah Stanboroughs censure was remitted March 3.
[Note at bottom of page] at a quarter Court houlden the 6tli daye of October 1649 the towne reconed with loshua Barnes for his boat hier, his demand is 6L 12S Od whereof was payed to him by Mr. Howe then & before the sum of 4£ 78 lid, & remayues dve still the sum of £2 4s Id.
The above said sum was discharged next day, Page 36. Articles of an Agreement between Mr. Edward Howell Gent, & the Towne of Southampton Ian 7, 1644. The aboue said Edward Houell doth promise to build for himselfe to supply the necesities of the Towne a sufficient mill at Mea- coxe upon these consideracons following.
Imps That the Town of Southampton doe giue & graunt vnto ye sayd Edward Howell and his heires for euer, fforty Acres of land neer vnto the sayd mill in some convenient place there vnto Adioyning.
2 That ye said Towne eyther build a sufficient dam for the sayd intended mill,* or else to allowe 4 dayes work of a man that hath a lott on the west side of the towne, or else so much in value by their Teames and two dayes worke for euery one that hath a lott on the south east side of the towne, and to bring, such tooles as they shall be appoynted, and to come to worke at two dayes warneing.
;i That the Towne of Southampton doe laye ye mill-stones at the place where the mill wright shall appoynt for ye sayd mill at Meacoxe,
4 That the sayd towne vpon the consideracons above sayd
» This mill stood north of the present water-mill belonging to Ashiir M. Benedict Esq. One of the mill stones was procured from a rock at mili-stone brook at Seponach, the other from a rock in or near mill-stone swamp, near the Brick Kilns. W. b. P.
RECORDS : TOWN OF SOUTHAMPTON. 41
doe freely giue the sayd Edward Howell his heires and assigns a payre of mill stones as his lawful! propriety,
5 That every one in the sayd towne from 16 yr-ares old to GO (except Magistrate Minister Miller and heardsmen) in their own persons shall bee ready so often in the yeare to cutt open suf- ficiently a gutt at raeacoxe, at such tynie & tymes as ye Mag- istrate or IVFagistrates shall giue warneing, and the owner of the mill to be helpfidl as well as others, except as aforesayd.
6 That noe person shall set vp any ware or wares in the millstreame within ten poles of the sayd mill nor fish within ten poles of the sayd mill nor in the mill pond [The rest of this agreement if any, is lost. W. S. P]
Page 87. ffeb 9 1045 Yt is ordered by the General Court that yf by the prouidence of God there shall hence forth cast vp within the limitts of this towne of Southampton any whale or whales or any part or piece ot a whale, that noe man shall presume to take or carry any part thereof vpo'i the forfeiture of Twentie shillings, and to stand to the further censure of the Court, without order from the Magistrate or Magistrates, And whosoever shal find or espie eyther whale or whales or any part or peece of a whale cast yp, vpon notice giuen vnto the Magistrate or Afagistrates shall haue for his paynes allowed vn- to him five shiHings. But yf yt shall be by the Magistrate or whom he s-hall appoynt, adiudged not to be worth fiue shil- lings Then the sayd partie which shall giue information shall haue it for his paynes, And that from yeare to yeare the Mar- shall give notice after any storme or according to [his discre- tion vnto two persons in whose ward by turne yt shall belong or appertai'ie. And yt is further ordered thai if any shall find a whale or any peece there of vpon the Lords daye that then the aforesayd fiue shillings shal not be due or payable.
April 16, 1646 Yt is ordered that Mr Howell hath 4 Acres of Meddow land graunted vnto him at Meacoxe where he thinks meete.
Yt is ordered tliat Richard Post shall haue layd out for him two Acres of that land adioyning to the foure Acres of land
4:'2 RECORDS : TOWN OF SOUTHAMPTON.
that wa? some tyme belonging to Mr. Odell and now doth be- long to Henry Pierson.
Mr. Gosmer hath graunted vnto him liberty to take in vnto the lowre part of his howse lott, from Thomas Sayre his fence to a stake that is marked out by the fine men that are chosen to order town»e affayres.
Page 38. Southampton this — th October 1646, Henry Pierson dothe acknowledge himselfe to owe vnto the sayd Towne the summe of five pounds, and John Cooper doth ac- knowledge to owe the said towne five pounds to be leauied of their goods & Chattels lands and tenements vpon this condition that the sayd Henry Piersor^ shall appeare at the next quarter Court holden for this towne, and in the raeane whyle to be of good behaviour towards the Magistrates and all other persons. [Note.] Henry Pierson appeared this day.
Yt is ordered that yf any man shall take away any part of any mans workeing tooles, or yrons harrows yoakes chaynes ploughs, from any part of the Towne or field without lycence from the owner, shall paye to the owner Ten Shillings and make restitution.
Yt is ordered that what soeuer damage shall be made or don vnto any man by reason of the badness of his neighbors fence on the little common, such damage shall be lyable to be' payd by such persons through whose fence the cattle broke through, and yf it appeare that was through the badness of the water fence or towne gates, that then such damage shall be payd by the towne.
Page 39. [The 39 page of original is blank.]
Page 40. feb 9, The debt due to Mr. Howell was 7, 2, 9
paid to him li, 5, 5
remaining vr-paid 0, 17, 4
due to Mr. Gosmer, 0, S, 0
lune 26 1647 It is ordered by Mr. Wells of heartford &
William Gibbins of the same that all reconings & demands of
the towne of Southampton concerning wampum given to L;hn
Gosmei shall be discharged vnto him, & all debts due to iiim
RECORDS : TOWN OF SOUTHAMPTON. 43
from the saide towne shall be discharged vnto them, from ye beginning of the world vntill ye c'aye aboue written.
These persons are
Satisfied,
Autograph oi Thomas Halsey.
Page 41. It is ordered this instant 6th of ye 7th month IG47 by ye hue men apoynted for the affaires of this towne.
Imps that ye greate playne shall be fenced by ye present inhabitants according to their valuattion in their taking vp of lande in ye saide playne, and also for the marsh land as many as have any on ye same shall fence for it as for ye vpland, & this to be done with sufficient fence against all sorts of cattell, (except pigs of and vnder halfe a yeare ould) by the last day of ye first month next.
It is ordered this instant Sth of the twelfth month 1647 that if any person or peisons shall keepe cattell on the Lords daye they shall call at euery man^ house seasonably for such cattell as are to goe before him or them whether Cowes, or goates vpon paine of forfeit two shillings & sixe pence to eu- ery man whose cattell they neglect to call for.
ffurther it is ordered that noe person nor persons inhabititig within the town of Southampton shall henceforth plow or sow any lands late in occupation of any that have deserted this plantation, nor any other lands that are earable held in the common interest, vntil the power apointed for & over towne affaires shall dispose such vacant lands to such Inhabitants for ye good of ye publique.
It is ordered this present 17th of the 12th 1647 that Mr. lohn Howell shall have 3 acres for a home lot by and between ffar- ington's lott and losiah Stanborough's house, for length & bredth as it shall seem most convenient to losiah Stanborough
44 RECORDS : TOWN OF SOUTHAMPTON.
Thomas Talmage & Mr. Edward lohnes, & in regard ye said losiah Stanborough doth Part with some of his propriety to accommodate ye said Mr. Howell the said losiah Stanborough shall goe to the northward vpon any lande lots or otherwise to make vp the proportion he of right possessed here lo fore provi- ded that none of yeaboue sayd lotts exceed three Acres & a halfe.
Page 42. It is ordered this instant 17th of the 12th month 16 47 that the profit of whales and the buithen of opening the beach for the mill, and all rates levyes and taxes, the killing of wolves and all other payments arising for any cause or reason whi.t soever shall at all times and from time to time here after be devided received and payed by lands, according to what euery man hath in his possession, And this to stand for the most peaceable way any law order or prescript heretofore had or maile notwithstanding.
Page 43. Whereas there is a former mention made of sev- erall inclosures belonging to certaine inhabitants that did dwell on the east side of the towne, the same being & lying on the said side of the towne, it isfurther ordered concerning the same that if any person that is owner of any such inclosures, shall sustaine any damage through the deficiency of their fence that the owners of the said allotments shall beare such damage.
It is ordered that Thomas Halsey shall haue his afore men- tioned three acress of his fourty eight, laid out sixteene poles in breadth, and whereas there is a highway eight poles uide to bee betweene the said lot and the pond neere adioyneing, the towne doe giue way to the said Tho. Halsey to inclose to the pond the said breadth of sixteene poles, but if hereafter the said inclosure of that pt of the highway becomes preiudicial to the towne in the eyes of ihe maior pt thereof, that then the said pt of the highway soe inclosed shall returne to its former nature.
This agreement and the orders herein mentioned were vo- ted and consented vnto by all the present Inhabitants of this towne of Southarspton in the presence of us.
THO. WELLES WILLIAM GIBBINS
RECORDS : TOWN OF SOUTHAMPTON. 4-5
Southampton lune 24 1647 Wee whose names are vnder- writton doe witnes that all the Inhabitants of this towne ex- cept Tho, Vale & Tho. Burnet were present and consenting vnto t!ie aforesaid agreement, only Mr Smith was out of towne.
EDWARD HOWELL 10. GOSMER
ABRAHAM PIERSON lOB SAYRE,
RICHARD ODELL
JOHN MOORE
THOMAS HALSEY
HENRY PIERSON
Pagk 44. And for the further setling of that peace and vnity amongst the Inhabitants of this towne which hath bin long endeavoured. It is ordered that who soeuer here after shall vpbraidingly reproach another for or about or conten- tioufily discourse former differences and grieveances tending to the disquiet of the towne or any person there in shall for- feit for every such default twenty shillings to be paid vpon conviction by the testimony of one witnes before any one magistrate, the same to be leavied by the marshal by way of execution without further tryall.
lune I 1 1647 The Gentlemens directions about the divis- ion of land being read distinctly, well wayghed & considered, and the said Gentlemen, (viz Mr Hopkins and Mr Haynes) hav- ing prouided in the said writings that when the lymits of the plantation weare set out every man should haue for quantity and quality within the bounds of the towne, & plantation alike according to their severall proportions, in their valuation to be devided in the most impd»-tial manner that may be and allso to haue & hold their due comons acording to their severall divis- ions or dividents thorefore the day and yeare aboue written it is ordered by the fiu(? men set over toA'ne affaires, and by the free men and by all the neighborhood (the present inhabitants) of this towne bath for them selves & for all that shall come to fill vp the lots chat are yet to be disposed of. That the bounds & Lvmitts of this town of Southampton shall be in and to all
4G RECORDS : TOWN OF SOUTHAMPTON.
intents and purposes for as large Ample & beneficial manner as it hath bin heretofore at any time or times obtained possessd or purchassed of the Indians the natiue inhabitants, or lames ffaret Gent, Agent for the Right Hon. Eaile of Sterling.
This order was voated & fully Agreed vpon by the parties abou mentioned. But one negatiue voyce in the whole house at an appearance of all the Inhabitants.
Page 45. Southampton April J 2 It is ordered ihat by the 4 men for this towne that yf any goates or kids be kept on the common they shall paye to the cow keepers for euery six goats or kids that are put vpon the little common that is at home according to that rate as for a cow.
It is ordered by the 4 men likewise at this present April 1 2 that noe man shall have any cattell on the great playne but on his owne ground till all the white corne be in, vpcn paine of Ten shillings [Note] or vpon the little plain.
April 12 It is ordered by all tiie towne that wus at the meeting house at n meeting that all cattell except hoggs and goates shall pay for all cattell alike to the keepers*.
May 3d 1647 it is ordered by the fine men apointed for tlie affaires of this towne for this present year that cowes and goates shall not be kept together neither by cow keepers nor goate keepers, nor all nor any of them, at no time, all this present summer vpon ye paine of twelve pence A person for every sucli default, allso that if the goateskeepers doe willfully min- gle their goats they shall be lyable to the same penalty. Page 46. [The 46th page in original book is blank.] Page 47. May 6 1647 Yt is ordered by the fine men for this Towne that all men 16 yeares to 60 yeares except Magis- trates ministers and Consiable and clarke, shall bare armes with guns powdsr and shot compleaton the Lords daies, vpon paine of sixe pence fore noon and sixe pence after noon, and whoso leaveth his armes in the meeting house shall pay sixe pence, and this to be levied by the Clarke by way of distress &
• The three preceeding entries are in the hand waiting of William Browne, and are so difficult to decipher that we are thanKful that he did not act as Town Clerk very often.
REOORDS : TOWN OV SOU TILUIPTON. 47
sule of goods vpon refiisall to pay ye said foifeitjdre, [Nut<'] this order is repealed.
Yt is ordered this tliird of the 5th month 1G4S that the trayne band shall be devided into three eqvall squadrons by the clerke of the band and vppon notice by him given to those or that third part of the soldiers that are to carry ye first Lords day, if any man shall not bring his armes to the meeting house shall pay as in the aboue written order this to continve untill fvrther order abovt this matter, and so each squadron to carry by turns on the Lords day according to their devision and warneing and to pay like forfeiture as aforesaid, att the same Court it is ordered that 4 men shall bee chosen to cquailise the meadow at Shmecock, or else when convenient to be laid out.
Page 47, Mr. Sticklin of Hempsted by his depvty his Sonne in lavv lonas Wood hath vppon the second day of luly in the year IGoO dtawne for his meadow ground for his propor- tion of lande being three hundred lb, first a lot on the beach in itself complete number ye 6th; the second lott vpon Shine- cock Number the •22d. And part thereof on the north side of the vppland Ijing betweene the stummps and number the 20th and is numbred also the 22d to an.3wer the former,
One other lott called fFaiington No. 9.
One otiier lott marked with No. 30
These lotts were drawn before vs
Autagraph of Edward Howell.
WILLIAM BROWNE Eegister.
Vpon the 1 0th day of Aprill IGol lohn Kelly had a whome lott of 3 Acres of land fronting against the whome lott of Thomas Halsey granted vnto him vpon conditions that yf the saide lohn Kelly doe not personally * * the same that the saide land witli the housing * * with any other material as iencing, shall tall into the townes hands, tliey paying him his expence on the same, as men indifferently chosen by the said Kelly and the town shall judge it at his leaving to be worth.
4S RECORDS : TOWN OF SOUTHAMPTON.
Page 4S. luly 24 1650. It was voted vpon the saide day by the General Court then holden that Thomas Topping and losiah Stanborough shall price the goods and chattels of the deceased William Browne* [Note] A coppy of the inventory is pntered and mayd.
Vpon the 3d day of September 1650 at the Generall meet- irjo- it was granted that Thomas Cooper shall have a home lott of 3 Acres lying against the reere of Thomas Sain s his lott and that the saide lott shall runne 40 rod in length, and 12 rod in breadth, and that the saide lott shall be soe layed out as that it shall be noe impeachment to the highwaye for cattle and carts to pass, it was ordered that Mr. los'ah Stanborough William Rogers and Edward lohnes shall lay out the same allowing for the highway as they shall think requisite.t
Southampton. At the Quarter Court held vpon the 3d of September 1650 Thomas Vealo doth acknowledge to owe to Mr Edward Howell and Mr lohn Gosmer to the vse of the town the sum often pounds to be levied of his goods and chat- tels lands and tenements vnder this condition that Sarah his wife shall appear at the next Quarter Court to be holden for ye body of this towne, and in mean time to be of good behav- iour to all lawfull people.
The 3d Se|)t ember 1650 Vpon the saide day were absent atthe second call Mr Richard Smiths Mr Thomas ToppingRich- ard Barret [Note] Mr Topping payd and the two other men.
PACtE 49. It is gtantf^d by tiie major part of this towne that Mr Ogden and his company shall have Cow Neck and lefteries Neck for their owne proper right, also that they shall have for their planteing land in either or both of said necks three hundred 24 acres, prouided they settle vpon it, and vp- on tlie same grant they are to h-iue all the meadow betwixt the brooke by the Sachems house and Hog neck spring, for their proper right provided it bee a mile from the sea side, vp-
» From these records it appears that Wm. Brown must have died between July 2d ahd 25th, 1650.
t The above lot of Thomas Cooper is the one now ewned by Thomas Warren and Mrs. Hen- dr.ckson. "^^'^ ^- I'-
RECORDS: TOWN OF SOUTFIAMPTON. 49
on these conditions following that they must pay to all com- )nou rates of the tovviie at the rate of 9 hundred pounds ae- cording to ths taking vp of those men that dwell there, 2ndly that hee shall place there six flimilies that shall live there and have their abode, 3d that in case that the whole bounds of the town come to be stinted for cattle that they must be stint- ed also as they are that live at the towne by the same rule. In common ratesas aforesaid isalsoe included the ministers meenes.
Page 50. March 1647. It is ordered by this Generale Court that Mr Howell Mr Gosmer Mr. Smith losiah Stanbor- ough and Thomas Halsey shall have the same authority that the five men had 1644 or to give or let any land that is at lib- erty for a crop this year.
Page 51. Southampton the Sth of the 8th month 1647. It is ordered by this Generale Court that if any man be chosen to bee freeman of this towr e shall refuse it shall pay fortie shillings for his fine, Imprimous at this instant General Court that Richard Odell gentleman was chosen freeman* and Ed- ward loanes losias Stambro and lohn White, It is ordered vp- on this 7 day of October 164S by the General Court that Mr Kichard Smith Mr William Browne, & lohn Howell were ehos en freomen of this town of Southampton.
[Notes] This 15 day of lune 1619 Mr Thurston Raynor is chosen freemen of this town of Southampton at the Gener- al Court by the freemen.
Southampton Aprill. It is ordered uppon the 31st of March 1650 by the General Court that Mr Thomas Topping & Mr lohn Ogden were chosen freemen of this town of South- ampton aforesayde,
Page 52. By the towne May ye 6th 164S It is ordered that Thomas Robbinson shall be accepted as an inhabitant & hath a fifty pound lott granted vnto him provided the said Thomas be not vnder any scandellous crime which may be layd to his charge for 6 months after ye date hereof, & that he
t As the position of freeman not only involved the power to hold office, (which was not sa much sought after then as now) bnt rendered the person liable to jury duty, ii appears to have been considered more an honor thai- an advantage.
50 RECORDS : TOWN OF SOUTHAMPTON'
cary himself heare as becometh an honest man, It is further ordered that Samuel Dayton shall be accepted as an Inhabi- tant, & hath A fifty pound lot granted vnto him provided the said Samuel (being a sti anger to vs) weare of good approba- tion in ye place where he last lived at Fleshing, and do de- meane himselfe well heare for ye time of approbation namely six months next to come.
By the towne May ye 12th 164S. It is ordered that Robert Marden alias Marvin shall have A hundred pound lot vppon 3 months approbation hdd of him,
Page 53. Southampton lune 11 it is ordered by all the In- habitants of this Towne this day that this town is to be devided into fortie house lots some biger some less, as men have put in a sharp, six thousand pounds to be devided in to fortie parts*, This instant JSd of ye first 164Sitis ordered by ye five men apoynted for towne affaires that ye whole Towne shall be called together on the second day next at the setting of the sunne to consider of A Towne plot that shall be then presented tothem and to determine concerning ye said plot or some other that may be presented by any other mans advice, & also to consider of such home accommodations as may be most suitable to ye comfort peace & wellfare of this plantation as touching the proportion to every man in his taking vp according to his val- uation, & that there be men apointed forthwith to decide ye same, & this to put in execution ye order above written,
[Note interlined] The order vnder written was nullified & repealed at a General Court holden vpon the 5th day of March 1651, [See page SS of original.]
This instant '^JTth of the first 1647t it was long debated at an apance [appearance] of the inhabit lUts of this towne con- cerning ye pproportions of home lots acording to every mans valuation, and at length it was concluded by ye maior, that it
• This is the origin of the 150 lb. aUotments, concerning which there has been so much dis- pute. The year of the above entry is probablv 1647. Each lot was subdivided into 3 fifties which was for many year=. the smallest subdivision. W. S. P.
t There is here an apparent discrepancy of dates which may be reconciled by supposing that the year was sometimes supposed to continue until the end of March. The expression '•second day next," means next Monday, and the date "23d of the first 1648," means Thursday, March
RECORDS: TflWN OF SOUTHAMPTON. 51
should be three acres to a fifty pound lot & so to ever}' mans acordiiig to his taking vp, to adioyne to him at home or else to lay in the most convenient nearest land that may be, & at ye same town meeting \i was further ordered that if so great a proportion at home shall be evil in the eyes of eight or ten ftamilies that shall come to inhabit in this plantation within ye space of \'J years after ye date hereof ye preser.t inhabitants do hereby assure they will hearken to them in any way that may be better for the whole,
Page 54. [The 54th page in the original book is blank.] Page 55. [Indian Deed for the Town of East-Hampton,] This present writing testefyeth an agreement between the worshipful Theophilus Eaton Esq. governor of the colony of New haven, & the Worship Edward Hopkins Esq. governor of the colony of Conectycutt & their assotyates of the one part, & Poggatacut Sachem ot Manhansicke Wayandanch Sachem of JVIeuntacutt, Momwetom Sachem of Carchake, Nowedanoh Sa- chem of Shinecock & their asotyates the other part, The said sachems haueing sould vnto the foresayd Mr Eaton & ]\[r Hop- kins with their asotyats all the land lyinge from the bounds of the inhabitants of Southampton vnto the east side of Nepeake next vnto Meantacutt highland with the whole beach from sea to sea, not intreanching vpon any length or breadth which tlie inhabitants of Southamton haue and doe possess (as they by lawfuU right shall make appear) for and in consideracon of twentie Coats, twentie four hatchets, twentie four howes, twen- tie four kniues, twentie four looking glasses, otie hundred Mux- es*, alredie receaued by vs the fore named Sachems for vs and our assotyats, & in consideration thereof we do give vp vnto the said purchasers all our right and interest in the sayd land to them and their heires for euer also do bind our selues to se- cure their right from any claymes of anie others whether Indy- ans or other nation what so euer that do or may challenge Int- erest therein, Alsoe wee the sayd Sachem have covenanted to have libertie ffreely to ffishe in anie or all the creekes & ponds
» Muxes were instruinents like a brad awl, and used for drilling holes in making wampum.
52 RECORDS : TOWN OF SOUTHAMPTON.
& livnt vp & downe in the woods without molestation (They giuing to the Inglishe inhabitants no iust offence or iniurie to their goods or chattels) likewise they are to haue the fi'ines and tayles of all such whales as shall be cast vpon their proper right, (And desire they may bee friendly dealt with in the oth- er pt) Also they reserve libertie in all convenyent places shells to make wampum Allso if the Indian^ hunting any deer they shall chase them into the water & the Inglish should kill them the Inglishe shall have the bodye, and the Sachem the skin. And in testemony of our well performance hereof wee haue sett to our handes the day and yeare above written.
A true copie. Page 56. October 164S Thomas Sayre was alowedforhis basse drumme the some of 13s, and his yeare begyneth the sayd daye.
An action of slander and defamation entered by Mark Meggs plaintive against Richard Smith defendant, the ]7th day of December 1651 . The Jewry warned vpon this action Thomas Halsey Senr, Richard Barret, Thurston Ray nor, lohn Cooper Senr, Richard Odell, lohn White.
December 21st 1651 The Court being sett The said Jury orderly called and answered lykewise the defendant attended, but the plaintiff appeared not and soe hath forfeited his bond. The plaintif appearing though unseasonably & haueing libertie then to proceed it was granted by the Court that the plaintiff satisfying Mr. Mills 7s the plaintiffs bond is cancelled, the sayd jury haveing tried the cause finde for the defendant.
Page 57. Ye fifth day of ye 10th moneth 1640 Account taken of Thos. Halsey Marshall of a rate levyed on the Town of Southampton whereof these whose names are underwritten have payd nothing towards.*
Raphiell Swin field William Wells Mr Symonds
|
£ |
s. |
d. |
|
02, |
11, |
00 |
|
1, |
05, |
fU) |
|
01, |
05, |
00 |
* The names here added are probably those of men who had land here, but who hid aband- oned the plantation. ^ W. S. 1*.
|
00, |
10, |
2h |
|
00, |
10, |
n |
|
00, |
iO, |
n |
|
0:1, |
04, |
00 |
|
01, |
04, |
00 |
RECORDS : TOWN OF SOUTHAMPTON. r5tJ
Robt, Terry
Robt. Rose
leremyah How
AccoLinfed more for the ■\
wolves, and for the water fence 5
PaCxE 5S. [5Sth page is blank.]
Page -59. At a generall Court of the freemen vpon the 14th day of Nouember 1648, that there shall hereby be provided a sufficient payre of stockes, John White haueing vndertaken to make them.
It is fuither orden-d on tlie day aboue sayd that the lande belonginge to the mill is to be rated after the value cf a hun- dred and fiftie pound lorte.
Gth Octobr 1G4S at a generall court it was ordered that lo- sia Stanbro should bear the ofis of constable the year following.
Tliis 4th December I64S it is ordered by the general Court that Richard Post is to make a sufficient bridge of tymber in the new hiewaye, and the said Richard Post is to have for the sayd work the summe of twelve shillings trewly paid as soon as the work is dune.
Page 60. It is ordered December 2, 164S by the generall cort that the inhabitants of this towne of Southampton shall haue their eqvall vote in making a conclusion concerneing the whale or whales tliat may here alter by gods provydance be cast vp within the sayd townes bounds. At the sayd time it is ordered by the sayd Cort & iniiabitants that if there shall bee any whales cast vp as aforesayd that then the same siialt bee cut out by one 4th pyrt of the sayd inhabitants who have lots in the towne or some for them able for the occasion, and they shall haue for their paynes one fourth part of the saide whale for their so3 cutting it out for the towne and deviding itto every man particidar according to their seueral proportions of land according to their best vnderstanding, they the sayd cutters out to have besides the said 4th pt their share as other men accord- ing to their proportion of land, and the next time that any whale is cast vp another 4th pt, and soe evenly the other 4lh pt
54 RKCOltDS: TOWN OF SOUTHAMPTON.
to doe as the aforesayd first mentioned -Jtli pt to doe in cut- ting out and deviding it, and that whatsoeuer part of vvhayles is left by the sayd cutters out for the towne it shall be lawfull of any other inhabitant or inhabitants to take it for themselves, but none of the cutters, and that the aforesayj] order may be duly obser\'ed, and vvliat other prescript or ordering in this matter in respect of sending to looke for whales to the intent none may be lost through negligence it is left to the oversyght of the constable to send out according to his discretion as form- erly hath been practiced in this town.
Page 6i. It is ordered at a 2;eneral Court 7th of Octob( r 1.648 by the freemen of this towne that Isaac Willman hath the house lot next vnto Ellis Cookes vpon the south side* graunted him provided that if he shall remove from this place before 3 yeares be expired that then he shall not sell the said lott, vn- less he have improued it by building fencing or manureing.
November 6, 1 64S At a general meeting of the inhabitants of Southampton, it is ordered that whereas formerly there hath bin much controversye amongst the said Inhabitants touching the manner of laying out the great plaine. It is thisday final- ly concluded by the said Inhabitants, that all the swamp ground in the saide great playne agninst any mans lott, shall be laid out to every such peison, as in pt of his true measure, acording as the strait lines will give leave, And instead of the said swamp or meadow every such person shall pt with soe much of his vp- land on his said lot in such wise and forme as shal be most con- venient to any other to whom it may belong, lykewise that all the eight acre lottes, and four acre lotts, and two acre lotts, and single acres, and soe much of the tens as in meete shall be meas- ured to couipleat the 40 lotts accrdirig to fornuer conclusions by the said Inhabitants, The higiiwayesto be euery where two perches in bredth, And that the aforesayd may be accomplish- ed according to the intent hereof the said Inha.bitants haue made choice of Mr Richard Odell, Thomas Hallsey, and Henry Pier-
* This is the home lot now owned by Edwin Post, in i6S8 I. WiUman gave it to his son Isaac, reserving "one rood of ground for his sons and daui;hters to put their horses in on Sundays." 'I'he second meeting house stood upon the south side of this lot. W, S. P.
RECORDS : TOWN OF SOUTHAMPTON, />5
son to lay out the saide plaine as afforesaid according to theire best vnderstanding, and for theire soe doeing tliey the said lay- er out shall haue two pence per acre speedily paid vnto them by tiie said Inhabitants vpon a towne rate, And since hereby the present inhabitants are liable to pay for laying out the great plains, it is ordered that vpon the taking vp of any lott by any incomers ever} said present pay maker shall be repayed ac- cording to the rule of proportion,
Thomas Cooper Edward Howell Richard Woodhull
Isaac Willman Thomas Beale Richard Smythe
fohn Howell Henry Pierson Richard Barrett
Thomas Halsey William Browne Edward lohnes
vRobert Marvin Thomas Talmage
Page 62. At a general cort february S 1648 that I\Ir Ed- ward Howell, Mr lohn Gosmer, Mr Richard Odell, Mr William Urovviic, Richurd Barrett, Thomas Halsey, Thomas Sayre, lohu Cooper, lohn White, lohn Howell, Mr lohn Budd, haue l)oughr, the howse of lohn Mulford, the aboue named have vn- <lertakon to pay the sayd lohn jMulford the sume of thirtie shillings vpon demaund.
At a general cortfebruiry 1648 it is ordered that the playne is to be fenced round both sides, by the last day of march next following and he that is defective of fenceing his portion for feiteth I 8d for euery pole. [Note] it is ordered this 6 march 1649 that the sayd playne is liberty given for to sett vp the fence till the 16th of April next.
Page 6'J. A list of the perfect freemen inhabiting tiiis Towne of Southampton March S 1649. Edward Howell Gent, lohn Gosmer Gent, lohn Moore, Richard Odell Gent, Thomas Halsey, lohn Howell, William Browne, lohn Cooper, Thomas Sayre,
lob Sayre, Edward lohnes, losiah Stanborough,
Thomas Talmage, Richard Smith, Richard Barrett, lohn White.
5G RECORDS : TOWN OF SOUTHAMPTON.
A list of all the tounsmen May 10 1649.
Imps Mr Edward Howell Mr Gosmer Mr Raynor
Mr Odell Thomas Halsey lohn Howell
lohn Cooper Thomas Cooper Thomas Sayre
lob Sayre Edward lohnes losiah Stanborough
Thomas Talmage Samuel Dayton Thomas Vnyle
Richard Post Thomas Hildreth Henry Pierson
lohn White Ellis Cooke Isaac Willman
Richard Barrett Richard Smith Thomas Burnet
George Wood lohn lessup Wm Rogers
Page 64. [The 64th page of original is occupied with the following list of names of persons who were absent probablv trom some general court. W. S. P. All these absent
Thomas Cooper absent lohn White absent
Edv^'ard Howell absent Ellis Cook absent
loshua Barnes absent Isaac Willman absent
lohn lessup absent Richard Barrett absent
loseph Rainer absent Edmond Howell absent
Page 65. The agreemc t betweene the towiie ot Southamp- ton and the well beloved servant of the lord Mr Fordam, con- cerneing his anuall mayntanance for his labor in ye worke of the lord amongst us, first wee the present inhabitants do in- gage ourselues to paye in current country pa^e as it passeth at a common rate three score poundes for this piesent yere to beginne the first day of this present April 1649, and to make our payments half yearely by equall portion?, fiurthermore for the yeares to come and for uU & euery yeare god siiall be pleased to continue Mr ffordham amongst vs after April ]659, fiom the daye of ye revolution of the first year aboue men- tioned, it is fully agreed and hereby confiimed that the said yearly mayntanance sliall be fourscore {)Ounds, |»er annum to be levied vpon euery man according to their severall possess- ions of landes in our plantation of Southampton, & the bounds
KEnORDS : TOWN OF SOUTHiMPTON. 57
tliereor. Lastly if fforty lotts shall not be ftilled that then proportionable abatenient of ye said four score pounds is to be made according to the number that is deficient, in considera- tion where of Mr ffordam's owne accommodations are not to be liable to pay any part of his yearly mayntanance nor yet any of his estate if the Towne shall see cause to alter the waye of payment as concerning ye ministry, This agreement was consented vnto by all the inhabitants, & by them appovnted to be recorded in the towne booke, to be established in the behalf of the whole towne.
May 1044 at the generall court it is ordered yt Mr Rich- ard Smyth & Thomas Halsey sllall make a levy of ISd vpon every 50 lb. lott for the satisfying of towne debts & that every pt of this is formally reckoned.
Pa«k 00. May i049 it is ordered that whosoeuer they be that are gone out of this towr.e of Southampton to line, and make claynie to their lands as their right shall be liable to pa}e charges for all publick charges equally with the present inhab- itants both for tyme past, present, and t » come. This order was made by the generall court the day and yeare aboue written.
1st May 1049 it is ordered that Mr Richard Udell Mr. Rich- ard Smyth shall presently measure and marke out with stakes that part of the playne that is to be fenced and to give notice to every inhabitant whom it may concerne of their portion & [dace where their part lyeth according to their lotts and allotments.
Pagk 07. October 10 1019. There were voted by the gen- erall Court at Southampton three men (viz) Mr Richard Sraithe, Thomas Sayre & John White to agitate towne business and they are to have the same authoiity that the five men had the last yeare, from the 0th of l\\\s instant October dureing the space of a whole yeare.
October the 30th 1049. It is ordered by the geneaall Cort lioulden the day above said That all the Indian women have free liberty graunted by the said court to come to this towne to trade with any of the English, more overall the ancient men of tlie Indians that please to come to either of the magistrates
58 RECORDS : TOWN OF SOUTHAMPTON.
for a ticket shall haue the same, to the end they may haue like liberty with the said women to trade &c. and that besides those Indians which allready have liberty as afforesaid.
December the 29th day 1649. It is ordered at the generall court holden the daye aboue said, that the bande of soldiers shall haue libertie to elect their officers, to stande if the gen- erall court shall give approbation thereof.
29th December 1649. It is ordered that Thomns Stanton shall have paid vnto him the sum of foure pounds for his paines about Interpreting betweene the townes men of South- ampton and the Indians about setting forth of the bounds of their land & other matters.
Page 6S. The act of the generall court houlden November the 16th 1649. Touching the disposition of the land of late laid out for those to whom it is to be disposed as followeth.
Whereas the land lying in the great playne, which is apoynt- ed by this towne for incomers is at length laid out, by those who were designed to that end, and they the said layers out having given vnto the said court in writing a full description of all and every part and parcell thereof with their iust propor- tions, The said lands being laid out into 45 parts and every pait containing 6 acres, and three of those said parts compleat- in<T one 150 lb lott, and alsoe the whole is to make but 15 such said lotts, all the said parts being dilligently compared, and with most iudgement equallized, and as afforesaid devided and numbered and marked as followeth.
Tens Eights owld ground
A no. 1 A No. 1 3
No. 1 , B. No. 2
No. 2, f which is the at.gle betweene 1
ffarino;tons and the pond t^ xt , r
<^ ° . ,. : > B. No. 15
I and the rest is adioynuig to
I the said angle soutiiward j
No. 3,
I No. 12 which is the 4 acres ^ No. 4, ^ & 2 acres lying on both sides I C. No. S
( lohn Cooper his 2 acres. S
|
No 7 |
|
|
No 4 |
"15 |
|
No 6 |
" 14 |
|
" 7 |
" 13 |
|
" S |
" 5 |
|
" 9 |
" (5 |
|
" 10 |
" 3 |
|
" 11 |
" 4 |
|
" 12 |
" 10 |
|
" 13 |
^' Q |
|
" 14 |
" s |
|
" 15 |
RECORDS : TOWN OF SOUTHAMPTON. 59
D No 2 D No 1 2
f which is the 4 acres next to^ J Mr Gosmers and the little [ angle below A[r Johnes if it 1^ hold 2 acres J
No 10
" 11 [The rest of this is lost] " 5
" 4 " 13
Paoe 69. Sth march 1649 it is ordered at a generall court that the miller shall take but two qtiarts by strike vpon the uper part of the dishe for toil for one bushell of corne wheth- er it be wheat He or an}^ other grayne, and noe more.
The day aboue at a general court it is ordered that no vp- land shall be burned before the last of march, and that neyther boys nor any others shall set fire any where opposite to barns, and if any do set fire [they] shall pay [word gone] for a man, and the boys shall be whipped.
It is further ordered the said day that no cattell shall come vppon the great playne after the last of march vppon penalty of 2d a beaste and a halfe penny a goat.
The land that was Mr. Pearsons in the great playne was sould by Thomas Hyldreth to Mr Mitchell and Mr Mitchell hath sould it to lohn Cooper sen, and Thomas Vayle, John Cooper is to haue 2 acres of the south side, & 5 acres of the 10 acres on the west side, & 4 acres of 8 on the north side Isaac Will- man I acre on the north side of the 4 acrelott, 2 acres of the 10 acres on the East sid*,', 2 acres of the 10 acres betwixt lolm Cooper's part and Isaac Wdlmans, 2 acres of the S acres be- twixt lohn Cooper and Isaac Willman.
GO RECORDS : TOWN OF SOUTHAMPTON.
Page 70. 4th of J\rarch 1G49, it is ordered by the general Cort that Tiistram Hedges shall inioy the 4 acres that is lett him for this present yeare, vpon condition that he do within the tyme make the fences sufficiently that is to be sett vp on ffaringtons part of the playne
The * of May 1049 it is ordered by the townes men that the part of the great playne yt is vn fenced shall be finished by the whole of the inhabitants according to their alotments by the last day of this present May, and they that be deficient are to pay ISd for every pole.
The 14th May 1649 it is ordered by the generall court tliat the fence that is to be set up about the playne is to be begun at the fence that is already vp, and soe goe on till it be finish- ed and to be set vp by the 7th day of lune next after the date hereof, they that shall be defective forfeit JSd for every pole, to be leavied by way of execution.
The sayd day it is ordered that the inhabitants of this tovvne being by the clarke of the band devided into two parts, siiall according to the said clarkes appoyntment bringe their amies to the meeting house every Lord's daye, that is to say the one halfe the one sabath, & the other half the other next after & yt euery man shall be provided with 4 charge? of powder & shott or bullets, hee that fayleth after due warning to pay to the clarke sixe pence for every default according to the former or- der 3d of luly 1018.
Page 71. It was ordered by the generall Court held vpon the I9th of September An. Dom. I 050, That Jolin Coopershall pay the some of 40s in case that at any time he doe giue of- fence in extravagant speeches, as he hath done, as was witnes- sed by lolin Howell and some others, but vpon his good be- haviour & carriage the said fine to be remitted.
An action ef trespass entered vpon the I lih day of Aprill 1G50, by losiah Stanborough plaintif against Samuel Dayton defendant is to be tryed by a perticular court to be held vpon the 14th day of Aprill next.
records: toWiV of Southampton. 61
An action ol trespass vpon the case entered vpon the 14th day of Aprill by Samuel Dayton plaintive against losiah Stan- borough defendant is to be tryed by a peiticular court to be held vpon the 1 1th day of Aprill next.
It was granted by the generall court that lonas Wood of this tovvne shall liaue in lew of lialfe an acre of his home lott layed out for a higliwtiy to the wate'-, ai? acre and a halfe of land in the great playne, alsoe lialfe an acre of land wanting in measure of his field lot.
The said two acres lies on the east side of the necke called Halseys neck running east and west in length, Isaac Wilmans land lying on the north side father (?) Cooper's in the middle also on the south side <^v: Thomas Burnet on the South side.
Page 72. Chosen at the courc of Election for Magistrates ^!r Topping, Mr Rayner, Richard Barrett, Henry Pierson Reg- ^ istcr, John lessup Constable, chosen for townesznen Christo- i>her tioster Lieutenant Post, lolin Howcll.
[The tlate of the aboue is probably Oct. 1G50, and is in the {liindwriti ig ot Richard Mills who went out of office then.
W. S. P.]
Paok 7:1 Vpon the 1 Ith day of lanuary 16-50, Whereas John Kelly carpenter of Southampton hath put to arbitration the action and differences betwixt him and Deborah Rayiior both the saide parties being bound to stand to the ver- dict in performance according to the judgement of Mr losiah Staiiborough gentlemen & Richard Mills Schoolmaster & sec- retary, & Mr Richard Smith.
We therefore doe judge & giue our full verdict euerv [onej of vs agreeing, tiiat the saide lohn Kelly shall forth with pay or cause to be payed the some of I lb v/hich he formerly received of Deborah Rainer vnto her again alsoe that the saide John Kelly shall forth with pay the some often pounds sterling in manner and wise following that is to say the some of five pounds sterling forthwith to be payed vnto Deborah Rainer Senior, al- soe that five pounds sterling more shall be this present instant
62 records: town of Southampton-
put into the marshalls hands Mr Richard Smith, there to lye and abide vntil such time as the saide lohn Kelly shall make evidently appear by good & sufficient witnes vpon oatli that the said lohn Kelly was lav\fully disunited and divorced from his wife which he had at Mounserat in the Indies or elsewhere, & this to be done within the space of eighteene rtionths after the date hereof, & being as before fully proved that he saide lohn Kelly wa? lawfully divorced from his wife then the said five pounds shall by the marshall be repayed to him, but yf in the said space of time he doe not produce witness as above specified then the said five pounds in the marshalls hands (now in being) is to be payd vnto the saide Deborah Rainer for her proper right and due.
In witness wiiereof the said arbitrators luive sett to their hands the day and year above written,
RICHARD MILLS, Secretary, 10. STANBOROUGH, RICHARD SMITH.
Page 74. The growndes and report of the verdict of the ar- bitrators vpon lohn Kelly for Deborah Rainer senior foUoweth.
Whereas lohn Kelly Carpenter, did announce & profess his wife at Mounserat was dead & buried himstlfe being as he said then Dresent at the sight thereof, and did therefore proceed & gained a promise of raarriag*^ from Deborah Rainer, Senior, he after confessing that he left liis wife aliue & in good health, but seeking to evade the same with saying that she was only dead in trespasses & sinnes, & hej-eby had wronged the said Deborah as alsoe in his after disparageing disgracing & abusing the saide maide with serving of warrants & causing iier appear- ance before the magistrates and disparageing her name with other abuses, the said arbitrators for the trouble defame iniury, he seeking to compell het to marry him, he by his owne con- fession leauing his saide wife alive, ther'jfore gave in the verdict endorsed. Moreover the saide arbitrators did at the same time adiudge that lohn Kelly should forthwith i)ay the secre-
RECORDS : Tf-W:% ( F SOUTHAMPTON. 03
tary fur his recording this writing about the same, the sum of
[word gone.j
10. STANBOROUGH RICHARD SMITH.
Page 75. Vpon the Sod day of October 1650 at the general court it was ordered that Thomas Sayre shall duly traiiie with the com[)any of towiie soldiers at theire dayes appointed except- ing his personall pursuing of the Indians in a liostile way, or to goe f»)rth against the common enemy.
Vpon the day above written Mr Richard Odell in consider- ation (»f iiis former paynes of training the souldiers is left to his liberty whether he will traine or not or whether he will beare armes to tlie meeting or not.
The Sth of Nouembor 1650 An action of debt entered by lobhua Bhrnes plaintive, against Thomas Osburne of East iiam|>ton defendant to be tryed the next quarter court in De- <'e)ni)er 1650.
;uh Nonember 1650 An attachment graunted unto loshua Pjarnes of this plantatson vpon a beast of Thomas Osburnes se- nior of Easthampton vpon an action of debt & damage to be commenced at the next quarter court to be held in this towie the first tuesday in December next.
10 Nouember 1650 I loshua Barnes planter of Southamp- ton doe bind myself, my heires executors and assignes to pay or Ciiuse to be payed vnto Mr. Edward Howell gentleman of the saide phmtation the some of twelve pounds sterling to be levied vpon his goods chattels & housidge* »S; lands in and vp- pon the 12th day of December next.
The condition of this obligation is such tliat if the above bound loshua Barnes shall ai»d doe commence a suite, against Page 76.] Tliomas Osburne of East Hampton vpon the next quarter court to be held in this towne being to be vpon the first tuesday in december next or vpon composition release and dis- charge the Atachment graunted vnto him vpon the 9th day of
* HoLisidg — houses. Tlio word hausfn as a plural ol house, is even now heard occasionally.
64 RECORDS : TOWN OF SOUTHAMPTON.
this present month, of November leauing harmless the said Edward Howell Gentleman for his grant of the saide Attach- ment then this obligation to be void and of none effect, or else to stand in full power & force. Witness my hand this lOtii of November 1G50.
lOSHUA BARNES. Witness
RICHARD MILLS [Note] The attachment released RICHARD SMITH the bond cancelled on the 12th of
Nouember 1G50.
A town meeting warned vpon the 10th of Nouember 1G50, the persons absent vpon the second call of constable, Mr Thurs- ton Raynor, loseph Raynor, lohn White, Goodman Barrett, Thomas Burnet, Thomas Hildreth, John Howell,
At a Generall Court held vpon the 25th Nouember ]650 were absent at the second call, Richaid Smith lohn Howell Ichn Cooper Richard Barrett.
An action of trespass in the case entered ye 27th of Nouem. 1650 for Isaac Willmans plaintive against Thomas Cooper & lohn White defendants, to be traversed the next quarter Court being ye first tuesday in December next.
Page 77. No. 41 is for the towiie & is on the Island an 100 pound lott, by the sed(-'rs on the beach [The above seems to be a fragment of some division of hmd the rest of which is lost. W. S. P.]
At the Generall Court holden the 23d of luly 1650 it is or- dered that Robert Marvinsand Mary his wife daughter of Wil- liam Bruvvne gent, deceased, shall iiavefull power and authori- ty to administer on all the good^s cattle and chattels of ye said Mr Browne deceased and to have a let of Administrations granted vnto them beareing date with tliis order.
An action of the case entered the 20th of Octob. 1650 bv William Rogers of this town i)laintive, against Thomas Halsey of the same defendant to be tryed at the Court next holden the 23d of October 1650 for the damage of twenty pounds sterling.
HECOKDS : TOWN OF SOITTIIAMPTOX. 05
The 2l8t of Octob 1650 An ataciiment granted to lonas Wood of this town, vpon the come of John Stratton of East Hampton now in the barne of Ellis Cooke of Southampton vp- on an action of debt vpon the case in which he is bound to prosecute the said action, Richard Barrec bound that the suit shall be answered.
Wm Rogers plaintive & Thomas Halsey defendant, he de- sires to have the action tr^'ed by the General Court held this present iiSd of October 1050 which is granted.
The Generall Court held vpon ye 23d of Octob, ICoO is re- moved to the 25th of Octob, 1650 to be kept at Goodman Barrets house,* beginning at an houre belore sun set, at which time Wm Rogers his action is to be agitated.
Page 78. It was voated by the maior part of the General Court held the 2f th of October 1G50 that Wm Rogers against Thomas Halsey for the towne defendant [2 words gone] five puuiids, fur the damage of his net having his land in season [Re^t ot this page illegible.]
Page 79. [The first part of this page is illegible, excepting a few words denoting that the General Court should appoint Administrators of estates,]
At the same General Court is ordered that Jlr Gosmer shall bane the administration of the goods belonging to Richard Gosmer deceased.
At the same Court it is ordered that Mr [word gone] shall have the administration of the goods and chattells of Richard Lamso;; deceased. The day above said March 5 1 040 Thomas Burnet of this towne labourer doth acknouledge iiimselfe to owe to the body of this towne the sum often pounds to be lev- ied on his goods ciiattels lands tenements vnder the condition that he the said Thomas Bui net doe appeare at the next quar- ter Court to answer why he [rest gone.]
Page 80. lune 27 ]<>I0 at the Court it is ordered that if any hath corne or hay they shall set a sufficient fence about the
* Richard Barrett's stood upon the lot now owned by the heirs of John Allen, on the East •sJde of main street, and on th« North side of toilsome iane. W. S. 1'.
66 RECORDS : TOWN OF SOUTHAMPTON.
same or else stnnd to the hazzard of any spoil thereof by cat- tle, Thomas Burnet is to set a sufficient fence about his hay within three days after this date.
At the said Court it is ordered th it if any tryalofany cause bee, wherein the damage doth not exceed 20Lb that G men shall bee a sufficient jury to try all such actions that ilie mar- shall shall return of t!ie best able, and most impartial for all such tryalls, the iury men shall make this appear for euery ac- tion they shall soe try,
At the same Court it is ordered that if our neigiibor planta- tion shall be willing to fence one part, to part the bounds be- tween ns, that then the town speedily set upon the fencing of the other parr, each man according to iiis proportions.
At the same court it is ordered that Henry Pierson shall have full power as clarke of the band to see that all the soulders bring their armes to the meeting every sabath day and to gather sixe pence vpon every default and alsoe to examine when hee see good how every soldier is provided with powder and shot.
Page 81. Vpon the 7th of October 1650 being the day (.f •"^-' election, lonas Wood & Richard Mills weie made freemen of Southampton.
Vpon the 7th day of October 1G50 being the day of Election Mr Edward Howell was chosen magistrate of Southampton primus, alsoe Mr Thomas Topping secundus, Mr luhn Ogden tertius
Vpon the 7th day of October 1650 being the day of Elec- tion Richard Mills school master was chosen Secretary Regis- ter and Towne Clarke of Southampton.
Vpon the 7th day of October ICoO Richard Smith was by the general court chosen Constable for this yeare.
It was ordered at the saide Court of Election the 7th of Oc- tober 1650 that flue men (shall for tiie present yeare) being chosen by the said court, to act and order all towne affaires, whatsoeuer, excepting matters of admitting of Inhabitants or giving of land, by the said court was chosen j\[r Thomas Top- ping, Mr Thurston Ray nor lonas Wood Thomas Halsey, Mr iosiah Stanborough,
RErORDS : TOWN OF SOUTHAMPTON. 67
It was ordered yt the said court of Election tliat eiiery sol- dier in llie towne of Southampton shall [word gone] in the morning before eight of the clock bring in [2 words gone] fairly written vpon paper * who shall vpon occasion call them forth in their amies, and to wiiom the soldiers and all that beare Page S:.'] amies shall repaire for their conduct & government, and the said party soe chosen to traine & teach to handle their amies & to call them forth to exercise, or in case to b^^ guided in defend ve warr, the said voates are to be brought in to Mr Edward Howell at the time appointed : by soldiers we vnder- stand all the male inhabitants from 16 yeares of age to 60, vp- on any one failing of tiie performance iiereof he shall forfeit fine shillings for his default to tlie court.
It is ordered the Sih of October 1650 that the quarter court next shall be liolden by the said towne the 23d day of the same nKjnth and that at the said quarter court Thomas Veale and .Sarah ins wife shall appeare and answer for their misdemean- or- in what sliall then be laid to their charge.
Tlie * of October 1650 at the general court Thomas Topping being v[)on tlie Sthday of October apoynted by the souldiers to be captaine and leader of the bande of soldiers of the towne, was by the said court confirmed in the same manner as by the souldiers at the general muster. Richard Post was chosen Ser- geant of the band, Thomas Halsey Gierke of the band, lohn Howell and Robert Mervin Corporals, and were confirmed in the said offices by the general court then liolden.
Page S3. An inventory of all the goods [words gone] of Mr William Browne late of Southampton Long Island, Gentleman deceased, taken the 24th day ofluly by Thomas Topping Gen- tleman and losiah Stanborough planter being appointed and deputed by the general Court liolden the 23d ofluly at South- ampton afore said 1650.
£ s. d. Imprimis 3 kine and 2 steeresand 2 calues, 32, 5, 6
Item Sheepe Item swine 2 bariows, 2 sows, & 2 piggs 09, 0, 0
68
RECORDS : TOWN OF SOUTHAMPTON.
A quarter share of a small ship in the return of a"] quarter part of I 9 hogsheads of Sugar from ! England, come to our hands in goods at their f cost in England to the value of J
3 remnants of narrow cloth 22 yards at 7 shillings per yard
19 yards of house linnen
more 2 small remnants of linnen
3 yards and ^ of tradeing cloth at Ss per yard
bedding blankets coverlids and pillows, a greene i rugg, and curtaines and 5 striped stuffed car- l pitts, and a yard a quarter of linsey woolsey )
Item in pewter 134 bb at.
Item in brass vessels
Item in steeles tablecloth and napkins, pillow cases ^
and touells and 1 paire of boote hose tops, ^ Item in bookes Item 1 warming pan 3 candle sticks and 2 skim- i
mers, 1 frying dish, 2 skillet?, I pestle and 1 '^
great [word gone] aud other implements S
Item more 1 couerlid, and 2 old blarikets Item in nayles 400, buttons clasps and other trade Item in galls, alum, sheeps wool an old pillion,
cloth, sackes bagges and measures. Item 5 dozen and five sickles, and 4 small bars
of iron Item iron bolts, [l line gonel
Page S4 [2 lines at top of page gone.] 1 firkin of soap and a churne 1 bushell of salt,
and grind stone. Item 2 sackes, 4 spitts, I dripping pan I baker )
3 paire of pot hangers, and 1 morterand pestile ) Item 1 still, 2 pair of plow irons, chaines hookes >
and other implements, )
Item 3 mattocks, 2 beetle rings, 4 wedges 1 saw
and two scale beams, and other small things, Item 1 matchlock musket, a barrell for a gun
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RECORDS : TOWN OF SOUTHAMPTON. G9
Item 2 glass bottles, and 2 earthen pots, and 2 old ^
short scvtiies, and a small parcel of sugar, and > -', 10, 0 l-2tijbbs )
Item 3 old pails, & 3 wooden bowls, 1 basket, ^
iialt'e a bushel ot wheate, and .} bushel of malt, ! 3, 0, 0
and i bushel of pease, a little bacon, pork, but-
>
ter cheese, and spice. J
1 balance with lead, and leaden weights, 0, 12, 0
Item in gold, and silver in his purse, 0, 15, 0
Item in debts whereof some desperate, 9, 13, 0
Item his apparel I 1, 0, 0
Item 200 of iron 2, 0. 0
a remnant of cloth, 4 barrels, a sword, an old broad axe 2, 0, t>
Total* 160, 0, 0
THOMAS TOPPING, [08IAH STANBOROUGH. Transcribed per me Riceiard MIlls Secretary.
Pa(;e So. Ac ye genii court held the 19ts of lune IGoO, Yt is o'dcred that levtermant Budd shall pay for ye mill and land after the rate of a 50 lb lott, vntil svch tymeas the court shall otherwise oi'der it, prouided that hee the said Mr Budd shall forthwith orderhis mill sue in saving the water, and otherthings thereto belonging, as the covenants betwt^enhim and ye towne are performed, that is to grind sufficient meal for ye town use, the which if tiiesaid Mr Budd shall not forthwith effect at least in the space of 14 days then it is ordered yt tlie town shall speedily j^eit vp another mill
WILLIAM BROWNE, Secretary.
10 September i650 lohn Howell, Riciiard Howell, Mr Rainer, Thomas Vayle, loseph Rainer, Thomas Burnet, Thom- as Cooper, Henry Pierson, Ellis Cook, lohn Halby, and are to have for their paines 3s per day at the seapoosr t
* In the above inventory of the estate ot Wm. Browne the values attached to some of the items are Illegible and not given, wtiich will account for the discrepancy between the amount as found above, and the sum of the numbers actually given. W. b. P.
I "Seapoose" is an Indian word and signifies •'little river" as found in these records it almost .ilways refers to the inlet i;<)Hnecliiig Mcacox bay with the ocean. W. S. P.
70 R£Ct>RDS : TOWN OF SOUTHAMPTON.
[The above seems to be a fragment of some more extended notice. W. S. P.]
Page S6. [1 line illegible] and in consideration of their paines the Court doth promise 2s Gd better Richard Smith jdaintiff against Thomas Doxy in an action of [word gone] The jury find for the plaintiff and doe assess fifteen |)ounds six shillings and two pence damage & cost 2s.
Agreed with Goodman Halsey, Goodman Say re and Good- man Post to keep the dry herd at Sagaponack for 4 weekes, and to have for their paines 14s a peece.
Page S7. A generall Court warned to be vpon rJOth day of January 1650, at the second call were absent Mr Edward How- ell Mr Edward lohnes, lonas Wood. It is ordered at the said General Court that every acre of land laid out to any whome lott, shall pay for every acor proportionable to two acers on the plaines, & yf any man shall fn d himself to be agrieved at that rateing aftr the said manor he shall then be freed from the s.iide rate, vpon this condition that he doe resigne vp vntothe towne his land belonging to his whome lot, or soe much as he shall please, moreover any person or persons sue doeing shall in writeing a bill of resigruiient, with his or their hands to the same, deliver it [to] the secretary wlio shall forthwith ncoid the same in the towne booke, and the secretary at the next generall court shall publish the same.
[Note added.] The aboue written order was repealed the 6 of March 1651 by the gunerall court Richard Mills Secretaiy. Southampton :J0 Ian, 1500 It is ordered at the saide gener- all court that Mr lohn Ogden Senior of Northampton* shall have fr^e liberty witiiout interruption from the Inhabitants of Southampton to kill whales vpon the South sea at or witliin any part of the bounds of the saide to'vne for the space of seaveii yeures next ensueing the date hereof & that in that space tioe liberty shall be granted to any by the said iidiabitants to any other person or persons to kill or strike any within the bounds
* North Sea is sometimes called Northampton in the early records, 'rhe Ocean is here termed the south sea in distinction from Peconicbay. Tlie above is probably the first whahng company organized on Long Island. W. S. P.
RECORDS : TuWX OF SOUTHAMPTON. 71
ot" the saide tevvne, tliis liberty & privilege is given to the said Mr lohii Ogden prouided that he or his company doe proceed in the same design and do not delay but do some what effectual in the business within a yeare after this present day, us alsoe the saide Mr Tohn Ogden nor his company shall not deny the townes inhabitants claiming priviledge formerly belonging to them in tiie dead whales yt shall be accidentally cast vpon the shoares, but yf the said lohn Ogden or his company doe not kill in the design a whale or wiiales within the space of two yeares after the date hereof then his liberty is annulled and to returne againe to the towne.
Witness RICHARD MILLS
Secretary.
[Note added] August 21 1654 the above said liberty of striking whales is given to Mr Odell and Mr Ogden and iheir company vpon the same termes with the exceptions following, 1st yf any whale come within Shinecock bay gut they the said company are not to medle with them, nor any other whale or whales; wherein there is noe sign of their killing them at sea, but thev shall belong unto the town as formerly, By the said signes of said company their killing any whale is to be under- stood to be by harping irons vpon them or (two words gone.]
Page SS. It was ordered at the saide general court that yf the miller shall grind any corne in the mill after an houre past sunne set then for the same he siiall vpon euery such defect pay ten shillings to be levied on his goods & chattels, lands and tenements acording to the way of execution, & the same to be improued to the use of the town, [note] repealed the * * \i)60,
\t was ordered by the voate of the said general court that lonas Wood shall pay six shillings to tlie use of the towne which shall be in full satisfaction for ye rate of 24s which he was rated in the last rate made in the yeare in which lohn Howell was constable.
Vpon tlie 4th of i\rarch IGol, at a court then held lohn Kel- ly was fined to pay os for lying.
72 RECORDS : TOWN OF SOUTHAMPTON.
Vpon the 4th day of Marcli 1G50 at a geneiall court then hol- den it was graunted that Christopher Foster should pay his 2s which he was fined vnto Thomas Pope allsoe that the fine of 5s of lohn Kelly shall be payd unto the said Thomas Pope, all- soe that Thomas Burnet shall pay his 12s due for rent for good- man Mulfords house and barne unto the said Thomiis Pope, which was a free gift unto him by the generall court, and the same to be pcid by every person in days works about the said Thomas Popes house
It was ordered at the same general court that Henry Pierson and Richard Barret shall Iny out the land due to Joseph Rain- er, in quality and quantity so nc ere as well they can.
It is ordered that Mr Edward Howell shall have four acres of land, and two acres to Mr lohn Howell both in great plaine for their consideration for that they have payd rates for the same, and tooi^ up a fifty pound lott more than they received, (note) which land they have in possession,
It is ordered upon the 5th day of March 1651 at a generall court that the order made vpon the 27th of Hie first month 1 047 concerning the whome lotts is repealed
Pagk 89. It is ordered at the saide court that the 5 men chosen for towne affaires shall forthwith make and gather in a leavy for to pay the charges about the meeting house, & sea- poose and other charges.
It is ordered at the saide court that the little plaine shall be fenced in with a. sufficient fence by the I 0th day of April next ensueing, with four and five railes, and that Mr Rich ird Odell & Thomas Halsey shall proportion & lay out the same to every man and this to be done by the day above specified vpon the penalty of forfeiting two shillings and sixpence for every poale that is not done, and the water fence to be made by the whole town in generall acording to each his proportion, to be done by carpenters and m.eete men for that purpose, for reasonable w?ges at three dayes warning, vpon the penalty of fiveshillings a man for euery day that he doth refuse the same and this water work to beginne to be done vpon the iOth of May next.
RECORDS : TOWN ()F SOT'THAJIPTOX. 73
It. is ordered by the saide general court that every home lott of everv quarter shall fence in the front and reere of the whome lotts, that tiie general fence vpon the highway by tne said quarter sliall he made vp by all the said lotts in that quarter this to be done by the 20th d?y of April next vpon the penalty of forfeiting 3s per poale for every poale that is not sufficiently perfoimed by the said time, Henry Pierson and William Rogers are to doe their side fence for their particular fence.*
It is ordered by the saide general court that Richard Mills recorder of the lands of this town shall have two pence for every paper dravvne for any lott or lotts in this towne, and to rate for the lecording of the same, and soe alsoe for the lotts in the little plaine.
Ye 4th day of April KiGl Edward Howell iunior drew fjr his vpland lotr (one hundred pounds) marked 10 (word gone) Jinmher 5, number 7, and tiu^said Edward is to take his lott ou rhe north side yf they run east and west, loshua Barnes is to siK'cecd next him southward, with a iO lb lott which isn/arke({ as Edward Howell as aforesaid.
P^GK 5)0. It is ordered by the generall court held vpon the 5th day of March 1651, that the land in the whome lotts as for all other land tint is now taken up, & shall be taken up in this platitation shall pay equall in all rates for ever acre for acre, that is or shall be possessed and this order to stand iu force from time to time and at all times for perpetuity except- ing the mill lot and the lotts at the Northsea.
It is ordered by the said general court that the plaine called the little plaine shall be layd out in suitable [>roportions to every f)lanter in Southampton.
The order made vpon ye 27 day of the lirst l')47 about the quantity of land in the whome lots was nullified & repealed by the generall court held vpon the oth day of March Hiol. It is ordered by the foresaid gene.-all court that William
*Henry Pierson's home lot was the one now owned by Mrs. Esther Herrick, the heirs of Lewis Hildreth and the Presbyterian church. Williinj Roger's homestead Ls in the nossession of his descendrnts to the present day. *V- S. P.
74 KECOKDS : TOWN OF SOUTHAMPTON,
Rogers of this town shall have paide unto him five pounds out of the next generall rate that is levied vpon this towne acord- ing to the ve diet of the general court held upon the 25th of October iGoO.
A general court held vpon the 20th day of iVFarcli IG51 ab- sent at tlie second call, j\Ir. Tliomas Toppnig I\Ir. Joanes, re- mitted by the Court, Mr losias Stanborough absent at the second call in tlie afternoon.
It was ordered by tlie saide General Court that Richard Post & Ellis Cook shall be freed from their barijin of building a meethowse for the towne, which (?) agreement tliey made vvltli the five men upon this condition that the said Ellis CodR and Richard Post shall sett vp a (word gone) for a meeting house for towne, the said Richard Post and Ellis C.)ok is to haue at two days notice given by either of the two said carpenters either carpenters or. laborers to help about the same, & they to have two shillings apiece pr day each man that is to sav Richard Post and Ellis Cooke, and the other carpenters, ihe length of the house is to be 30 foot, the breadth 2-t foote, the posts to be set in the ground and to be 8 foot and a halfe long- in the (word gone) from ye ground to the plate, the laborers are to haue 3s pr day, the pay to be in merchantable wam- pum strung or unstrung.
Page 91. lohn Loome being granted by the town an hun- dred pound lot, tlie same lyes in niani^er following Number 3, number 12, No. S.
At a general Court held 13 day of August 1(551, yf any per- son be found or it can be proved that by them any fruit be stolen or taken away uninstly otl^ from any mans land or ground, yf the person or person be vnder the age of sixteene yeares of age the parents of the said child or children shall severely correct them by whipping of them and that to be done before some sufficient spectator, yf the parent or parents of the said children, doe refu:^e soe to doe, then the said per- son or persons are to be convicted before the magistrates, and the parents for their neglect of the children to vndergoe such
RKCORDS : TOWN OF SOUTITAMPTOX. 75
[)eiialty as the magistrate shall lay upon tlieiii, as alsoe tlie offending persons shall pay for the fruite stolen, and by them double of the value of the frnits stolen shall be payd to the owners of the saide fruites, and one sefficient witness shall serve for conviction, alsoe any pesroii or persons that is al'oue the age of sixteene years shall for any fruit stolen by them pay nnto the owners of the said goods fonrefold as for other stolen goods.
At the said generall court, it is ordered that Mv. Howell shall have twenty-five shillings for the yeare ensueing for his sounding the drum on the sabath day, twice before the meet- ings )n the sabath day, that is to say half an hour or tiierea- bouts before both morning and evening exercise, as alsoe pres- ently before the beginningof the meeting, and that at every time of liis first drumming he goe from Thomas Say re's corner fence onto Mr F(>rdl)am's door, at the second drunnning he is only to drum aL the lueeting house (.r the door thereof.
pAdK 9:j. At a towne meeting held in and vpon the 22 day of .Sepreml»er I Go I, absent at tlie second call lonas Wood, Thomas Ijiu-net Ellis Cooke lohn lessup, remitted by ye town Hi ye same.
At the day of Klection in October IG-51 absent at the second call in the afternoone loshua Barnes Thomas Pope remitted by the said court.
Vpon the (ith day of Octob 1()51 being the day of election were chosen by the freemen at the general Court i'ov magis- trates Imprimis Mr Edvvard Howell, s cundus Capt. Thomas Topping, tertius Mr lohn Ogden.
At the same court Richard Mills was chosen secretary reg- ister and towne clerk.
At the same court vvus chosen for constable lonas Wood called Halitax* -a ho refused to serve in the otfis [and] submit- ted to tlie fine of five pounds, [note] fine remmitted.
At the same court was chosen for constable and marshal!
* ThTe were two persons named Jonas Wood in the town at that time, one from Halifax, the other came from a place called (Jrani. they ate distinguished in the records bv the letters H.. and O. affixed to their iiame< they were probably not related, as one was upon a jnry to try the ■ jXher, see page 132 of original.
7G RECORDS : TOWN OF SOUTHAMPTON.
Richard Post who was sworne to his office the 9th of Octob 165 1. At the saide generall court w^re chos?n five men for gou- erninge of town affairs, William Rogers Henry Pierson Ellis Cooke Thomas Sayre Richard Barrett who had by the saide Courte the same power giuen vnto them, as those which bore the said office the yeare 1650,
Page 93. ffeb. :2S 1651, An action of trespass vpon the case of Mr Richard Smith of this plantation plaintiff, against Thom- as Sayre of the same defendant to be tr3'ed next court, [note] this said action is put to reference by consent of the defendant. March 3 1 65 1 .
An action of Trespass uppon the case of Mr Richard ^lills of this towne plaintiff, against Thomas Thorpe defendant, Tlie said action is to bee trj'ed by the magi!^trates, and Mr Mi lis plff produceth his booke proving the said Tliorpe to bee indebted to him a certain some of money. But the said Thorpe refused Mr Mills de[)oseth hee made noe assignment to Mr Taltnaiij Mr Mills deposeth hee made noe assignment, whereupon the Magistrates conclude Thorpe is to pay the saide Mr Mills.
March 3 1651 It is ordered by the general court that u here - as there was a former order made that Mr Odell, Thomas Hal sey and Henry Pierson siiall lay out the lotts of late granted soe farre as the land would extend and they being hindered hitherto in regard that in the furlong lying in the great playne commonly called the acre furlong there are several persons that haue land therein, & each person seeros to desire it to lye in their own land, It is therefore ordered by this present gener- al court that the said layers out sliall s[)eedily goe about the worke and lay out the said land according to the said farme or- der made Octob, "il 1651, And if any difference shall bee be- tweene any neighboures in respect of the laying of the said land in the said furlong the said difference shall be ended by the said layers out who are thereby injoyned to doe their vtmost to lay every person in his own ground, and this to be done by the sayd layers out within ten days next, vpon the penalty of JOs each of them to pay to the town, and tor every day after the
KKC0RD8 : Tf.WX OK SOUTHAMPTON. 77
expinition of the said 10 d;iys, if the said worke bee not done they sliall pay lOs, moreouer every person that hath land in the said furlong, (vpon due warning given by any of the said layers out) shall meet according to appointment and goe and shew them their ground that the said layers out may proceed as aforesaid.
It is ordered that noe Hoggs or piggs shall be suffered to bee let within the libertiae of the Indians, mentioned in the cove- nant betvveene the towne and them, nor in the plains, wheieby damage may accrue to the meadows or corne and if any hoggs be taken therein within 4 days hereafter that then those that are owners of such hoggs shall pay Gd per hogg, for every such hoggsoe taken, which some is to bee paid vnto those that bring them home, & if the owners of such hoggs shall refuse to pay, P.AGK 0-!.] then l>y virtue of a warrant from one of the magis- trate the s.iid some shall bee recovered as by way of execution. March -S 16-51. It is ordered that when the Miller calleth at :} dayes warneitig, the towne shall gratishiy* af!brd him 20 men to u-cH to lett in the water of the seaven ponds into the mill pond, whoe are to bee paid 10s by the towne,
It is ordered that noe Inhabitant of this towne and planta- tion whatsoever shall within the liniits of this towne trust any Indian or Indiai.s from the 4th day next enaueing, vppon the penalty of paying vnto the towne so much as the value is which is soe trusted, the sime to be levyed uppon his goods who so trusteth, and soe much as the said vahie is to bee paid vnto any person that makes proof of any such goods soe trusted and the same to bee leved as aforesaid.
It is ordered that noe inhabitant shall sell any bread to the Indians finer than as it comes from the mill,t and noe more th ,u after trie rate of 3 lb i of dough for Gd, or 3^ lb baked, for Gd, and likewise noe inhabitant shall sell to the Indians, Indian corne vnder Gs Sd per bushel, and 1 yard f of cloth and noe
• Gratuitously.
t In this way our worthy ancettors could accomaplish the double purpose of selling bran at the pi ice of flour, and conferring upon the benighted savages the benefits df Graham bread, (long hef'jre Graham. ^
/b RECORDS: TOWN OF SOUTHAMPTON.
more for 20s, and wliosoeuer shall goe contrary unto this order in any of the said particulajs shall forfeit as in the former or- der concernino; trusting.
It is ordered that every inhabitant that hath sett vp fence against any part of the plaine shall look to & make sufficient his said fence by the tenth day next ensueing vpon the penalty of I9d per pole for every poale, that at the end of the said days shall be found insufficient.
It is ordered that noe cattell shall be suffered to bee left vp- OR the plaines to ffeede beyond the 20th day of this instant march.
It is ordered that Mr. Mills shall have liberty to sell his lott which was graunted him by the towne, provided hee sell it vn- to suce a one as the towne shall like and accept as a neighboi.
It is ordered that Hugh Griffin shall have for his home lott his portion lying southward from or by Thomas Cooper his home lott.
It is ordered that for this present year men have liberty to burn their meadows, at any time henceforward not with stand- ing any former order to the contrary.
Page 95. At the town meeting before specified were absent and gone away before the meeting was finished Thomas Sayre Richard Bariett Thomas Gouldsmith, not at the meeting at all, William Rogers Thomas Burnet, those that come somewhat too short in the morning but were present at the agitating of the affaires of ihe towne, all the fines were remitted by the iidiab- itants, William Rogers his fine remitted by the generall court held vpon the 2;^d day of lune 1651.
At the same time it was ordered that two men shall euery sabbath dav keepe the herd, and that yf any doe loose them on the Sabbath day they shall the next day looke out them.
At a generall court warned and held in an vpon the 23d day lune 1651 absent at the second call Richard Smith, alsoe Thomas Sayre departed before the meeting ended.
It is ordered by the general court aboue specified that noe common ground shall be mowed vf>on the plains untill the land
REnORDS : TOWN OF SOUTHAMPTON. 79
graunted be equally divided according to graiint nor vntil the otierplvs be divided.
It is ordered by the general court that noe person within the bounds and limitts of Southampton shall retail any wines or liquors but Richard Mills, the which is properly conferred vpon him during his time of keeping the ordinary for this town, from this order is excepted the North sea, but in case the saide Rich- ard Mills doe not supply the towne with wine or liquor, during his neglect of not having any to retail it i^ lawfull for any to retayle to the town, but yf any person or persons shall retayle any wine or liquors when the saide Richard Mills hath to sup- ply the towne, shall forfeit and pay unto the saide Richard Mills ten shillings per quart for euery quart of wine or liquor retayled, and soe proportionate for all retayled,
It is ordered by the general court above dated that Mr lohn Gosmer have power and authority to hier men or teams for the accomplishing of the water fence of the little plaine, and have the oversight of the performing of the same work vntill all the fence be finished.
Page 9('). At a gcieral court warned and held in & vpon the l-5th of luly 1651 absent at call Thomas Sayre.
At a towne meeting held vpon the 3d of August 1651 by the inhibitants of this towne it was granted that Bartholomew Smith, shall haue and enioy the whome lot lying about the house or seller which he bought of John Kelly.
At the towne meeting the day and yeare aboue written the inhabitants did all consent and agree yt they will within the space of two months after the date hereof pay the some oftenn pounds to Richard r)dell in good strung merchantable wampum for gratuity of his resigning vp his title of land at quaganantuck, he the said Mr Richard Odell is allsoe ouer and above the saide tenn pounds, to have this agreement and pay from the men of the town that before the resignment had agreed with him vpon these tearmes, to cut grass there this yeare ; Richard Odell him- selfe is to his share of mpadow according to proportion with others but is not to puy any part of the said tenn pounds above specified.
so RECORDS : TOWN OF SOUTHAMPTON.
Christopher ffoster had granted vnto him an hundred and fiftie pound lott, being appointed for him in manner following Number 15 Number 8 Number 14, Thomas Pope hath a 50 lb share out of the same, alsoe the other 50 lb lott for Christopher ffoster lies with lohn Loonies liundred pound lott being num- ber 3 and Number 12, and number 3 hath on both sides John Cooper 4 acres and 2 acres.
Page 97. An action of trespass vpon the case entered by lohn Budd against lohn Hubbard vpon the 1st day of Tune 1651, an atachment taken for his appearance at the quarter court to be hf.^ld on ye 4th day of lune 1G5I. John Hubbard three times called to answer the suite, he appeared not nor his attorney at the said quarter court lield vpon the 4th dny of lune 1G5 i.
An action of trespass vpon the case entered by lohn Gosmer against lohn Hubherd defendant vpon the 1st day of lune IG51 an attachment taken by distress for his appearance at the next quarter court to be held in and vpon the 4! h day of lune : 65 i ,
lohn Hubbard at the saide quarter court by the constable three tunes called, he liimselfe appeared not nor any attorney for him.
An acticm of trespass vpon the case entered by Thomas Veale plaintif in behalfe of his wife against George Wood de- fendant entered on the 3d day of June 1651 to be tryed at the next quarter court to be held in and upon the 4th day of lune 1651.
At the quarter court held upon the 4th day of luue 1651. The sentence of the magistrates vpon the cross action of George Wood against the wife of Thomas Veale defendant, and Thom- as Veale against George Wood, are acquitted and the one set against the other as equivalent in bad language each to other.
Sarah Veale the wife Thomas Veale was at the quarter court held vpon the 4th day of lune 1651 sentenced by the magis- trates for exorbitant words of imprecations to stand with her tongue in a cleft stick soe long as the offence committed by her was read and declared.
RECORDS : TOWN OF SOUTHAMPTON. SI
Page 9S. Edward Howell & Captain Thomas Topping was sworne magistrates by the oath appoynted for them, by Mr lohn Gosmer the 16th day of lune 1651 in the presence of Mr. losias Stanboroiigh Thirstan Raynor Richard Mills.
At a town meeting held in andvpon the 17th day of lune 1651 it was granted by the Inhabitants of this towne of Southampton that leremy Veale blacksmith of Salem, shall have an hundred pound lott prouided that he do come and settle heere before January next & that to his power he in readiness doe all the blacksmith work that the inhabitants doe stand in need of.
It was granted by the Inhabitants at the saide towne meet- ing that Christopher ffoste^ shall have an hundred and fifty pound lot.
It was at the same time granted that lohn Loome, shall haue 100 pound lott
It was at the same time granted that lohn Cooper lunior shall have a fifty pound lot.
It was at the same time granted that Simon Searing shall have a fifty pound lot.
It is at the same town meeting granted that Bartholemew Smith, lohn Ouldfield lohn lagger & lonas Bower shall have each particular person of them a fifty pound lot prouided, that these said persons have their lotts* granted upon the condition that each of them shall make use of his trade to the best of his power for the use of the inhabitants and to enter vpon the same within thirty days after the date hereof, * * lott vpon the same terms and conditions * * * also it is intended at the * * * lotts shall returne [I line illegible.]
Page 99 March 3 1651 It is ordered by the general court that in consideration of Robert Mervin his care and paines about killing of wolves by setting of guns, or watching or otherwise he shall have HOs per woolfe for everv one it appears hee kill- eth, prouided that if any beast bee killed in probability by the wolves, and hee the said Robert have notice thereof that he re-
• The house lott ofjohn Jagger is the one now owned by Capt, George White. Jonas Bow- er's home lot is the present residence of Mr. Wiiliani Huntting. W. S, P.
S2 RECORDS : TOWN OF SOUTHAMPTON.
paire vnto the place where the sd beast is slaine, whether at Meac'icks or Sagaponach or elsewhere, within such a compass and use his best endeavour to kill the said destroyer, alsoe if it happen at any time hee the sd Robert bee warned to any Cort or meeting dureing the time hee is vpon the forsaid design, that hee shall bee discharged and acquitted from such said meet- ing, hee is not to sett his gun within half a mile of the towne, & if his gun kill any beast hee shall doe his best to find it, and the whole towne to beare the losse,
March 10, i651, an action of trespass upon the case entered by Mr. Richard Mills of this town plaintiff, against Mr lohn Ogden senr, defendant
March 10 1651 An action of trespass vpon the case enter- ed by Mr lohn Ogdden of the North Sea plaintif against Rich- ard Mills of Southampton defendant.
March 11 1651, at the court purchased* the jury sworne to try the action of Mr Mills he being plaintif, were Mr Richard Odell lohn Howell, Thomas Goldsmith Rob. Mervin, loshua Barnes, Isack Willman, alsoe to try the action of Mr John Og- den against Mr Richard Mills defendant, The jury find for Mr lohn Ogden in both ye actions, assessing vpon Mr Mills 40s damage with increase of court charges.
March 11 1651 An action of trespass vpon the case enter- ed by Mr lohn Ogden of Northampt. sea against lohn Coopr of Southampton defendant.
March 11 1651 at the said purchased court the jury sworne to try the actions of Mr lohn Ogden plaintif against John Coop- er defendant were Thomas Halse^ sen. Mr Richard Odell lo- siah Stanborough Mr lohn Howell, Tho. Pope and Robert Marvine the jury finde for ye plaintif assessing two pence dam- age with the increase of court charges.
lohn Coopr junior appeals from the verdict to the next Gen. Court.
• The term "purchased," court which is o-^casionly found in these records, seems to be ap- plied to courts held to try some particular case which for any reason could not be postponed un- til the setting of the regular quarter court, see page 132 (of original) for an instance in which Jo- nas Wood has a purchased couat on account of his being about to remove from the town.
RECORDS : TOWN OF SOUTHAMPTON. S3
Page 100. March 12 IGol At a general court holden toat- tend an appeal oflohn Cooper junior made from the verdict of the Jewry impanilled vpon the complaint of Mr [ohn Ogden plnintif lohn Cooper defendant the appeal being fully debated and duly considered, at length it was voated and the raaior* concluded and determined ye said Mr lohn Ogden had and hath the true right title and interest in all & every part of the premises in difference, in his evidence mentioned bearing date Nov. the 3d 1651.
March 12 1651 at ye Genii Court it was fully concluded and determined that Capt Thomas Topping shall have and take vp the land in difference between him & Thomas Hildreth in all paynts as the lyers out did dispose the same to the iott the said Capt possetheth, and a full end of that business between them, namely for the claime of land. April 21 1651
Mr losiah Stanborough plf against lohn Cooper senior defen- dant in an action of tresspass vppon ye case, ye jury find for the pltf eleven pounds thirteen shillings uppon a bill, and the court charges, the defendant appeales to the court at Hartford, and doth by these presents ingage himselfe in ye some of thirty pounds sterling to prosecute the suite there,