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Full text of "Records of the town of Southhampton, with other ancient documents of historic value ..."

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THE FIRST 



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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 




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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, 

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, 



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 



J 4, 


il, 


07, 


14, 


0!, 


05, 


^^ 


H>, 


1, 


07, 


23, 


12, 


08, 


0, 


C5, 


0, 


1-3, 


0, 


05, 


0, 


s, 


^^ 


], 


0, 


0, 


13, 



0, 15, 



0, 


IS, 





h 


05, 





o 

'-J 


00, 





1, 


13, 





01, 


0, 






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, 
l-2tijbbs ) 

Item 3 old pails, & 3 wooden bowls, 1 basket, ^ 

iialt'e a bushel ot wheate, and .} bushel of malt, ! 3, 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, 

Item in gold, and silver in his purse, 0, 15, 

Item in debts whereof some desperate, 9, 13, 

Item his apparel I 1, 0, 

Item 200 of iron 2, 0. 

a remnant of cloth, 4 barrels, a sword, an old broad axe 2, 0, t> 



Total* 160, 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, within a month 
after the date hereof if opertunity serve. 

lohn White and lohn Cooper doe ingage ourselves in the 
aforsaid sum of thirty pounds that lohn Cooper shall at the 
time appointed prosecute the suite between him & Mr Stan- 
borough in Hartford. 

Page 101. May 1st 1651. At a towne meeting Hugh 
Griffin desireing to lay down his Iott formerly granted him, 
and by the major part of the towne it was accepted hee beeing 
to have paid unto him about 16s which hee hath expended 
about it. 

The said Iott is disposed & granted (vpon Mr Fordham his 
request vnto Elizabeth Briggs shee being to pay the foresaid 
some of about 168, 

• Majority. I W. S. P. 



84 RECORDS : TOWN OF SOUTHAMPTON. 

M ay 1 ] 652. It is concluded by the maior part of the towne 
that the calf herd shall be kept for the ensueing year at Saga- 
ponack where they were kept the year last past. 

May the 10 1G52. It was granted by the inhabitants of this 
towne that lohn Robinson late of Salem shall haue as his owne 
propriety the lottment in the towne which was made and taken 
out of those parcells of land commonly called by the name of 
ftaringtons land the same being formerly intended for a smith 
and it being of the denomination of an hundred pound lott, 

May 2S 1652. An action of tresspass vpon the case enter- 
ed by Robert Mervin plf against lohn Hubby defendant, this 
action is not tryed but ye Cort forbear yet because of ye de- 
fendants absence, 

lune I 1C52. An action of tresspass entered by Mr lohn 
Gosmer plf against Thomas Burnet deft. [Note] the verdict 
given on page 135, 

An action of tresspass vpon the case entered by lonas Wood H 
plf. against Robeit Mervin deft. The verdict is given in page 135. 

An action of tresspass vpon the case entered by lonas Wood 
H against Henry Pierson deft, [Note] withdrawn by consent, 

Page 102. Southampton lune 1, 1652. at a quarter court 
the jury impanelled to trv the action of tresspass vpon the case 
entered by lonas Wood against Robt l^larvin, Mr Raynor 
Thomas Sayre lohn Howell lohn Cooper sen Mr Smith Rich- 
ard Barrett, the jury finde for the plf. 2£ 5s damage with in- 
crease of court charges, 

Alsoe the said lury try the action entered by Mr Gosmer plf 
against Tho. Burnet defendant, The jury finde foi the plf o£ 
10s daniage, with increase of Court charges: Tho. Burnet ye 
plf Appeals to the General Cort and hath liberty granted by 
the present Cort soe to doe, 

Allsoe Robert Mervin defendant hath liberty to appeale vnto 
the next generall Court. 

lune 14 1652 by the general Cort then held it wasconclud- 
ed that William Rodgers his fine of 2s for non appearance at 
a former meeting cf cort is remitted, 



RECORDS : TfiWX OF SOUTHAMPTON. 85 

Att the sd cort Thomas Burnet was called to prosecute his 
above said appeale. 

But in respect it was questioned whether the said Cort had 
power to take into their cognizance the said appeale, & soe to 
end the suite or not. It is therefore thought meete that this 
present Cort be adiourned vntill some convenient tin.e whare- 
in the said questions may bee absolutely resolued. 

lune 14 J65-*. It was voated & concluded by the generall 
Cort that whereas tlie Trer* at Hartford sent a warrant to this 
present constable of Southampton to levvy vppon the towne a 
certaine rate of twenty pounds & odd money, and alsoe It being 
expressed in the said warrant that pt. of the sd some is to be 
paid in wheat & part in pease both being scarce in the towne, 
the c->nstable is taken off by the town from his engagement for 
collecting the said rate at present and foithwith a letter is 
[Resc gone.] 

P^GE 103. October 6, K>52. It was granted vnto Thomas 
Pope that bee siiould have 3 acres of land lying next to Mr 
Sjtan borough his home lot, which 3 acres the said Tho. is to 
possess as Ids owne right from this time. 

It is ordered that whosoever makes it appeare hee killeth a 
woolf within the bounds of this Towne shall have paid vnto 
him by the towne the some of twenty shilling, and hee that 
lykewise shall kill a woolf at quaquanantuck shall have 10s in 
like manner. 

October 15 1652. At a towne meeting lonas Wood H. be- 
ing chosen last 6th of October to bee constable & marshall and 
now called to take his oath did refuse soe to doe. 

At the said meeting it was concluded that all working oxen & 
milch cows & calves shall have liberty to goe vpon the plaines. 

At a towne meeting November 2, 1652 Isack Willman in a 
passionate manner said that some of them that voated for the 
raising of the mill knew noe more what belonged to the sea- 
pooset than a dogg, [Note] he liath given satisfaction. 

» Treasurer. " • S. P. 

t Seapoose was the inlet connecling Meacox bay with the ocean, opened by digging, but soon 
closed up again. "• •^- "• 



so RECORDS: TOWN OF SOUTHAMPTON. 

The inhabitants by the maior voat concluded that the mill 
shall bee raised at the Townes charge provided it bee raised 
10 inches att least and the charges exceed not 10£. 

Page 104. November the 2 1652 At a towne meeting It 
was granted vnto lohn Bishop That his home lot of three acres 
shall run halfe the depth of other home lotts of lyke denomi- 
nations, and double breadth, tlie same to lye from loshua 
Barnes his home lott northward.* 

November 5, 1G52. At a Generall Court Chosen for 5 men 
Mr Gosmer. Cliiistopher Foster Thomas Halsey Mr Ray tier 
and lohn Howell, who shall see to and doe all towne affaires as 
the dividing or causiijg to bee divided all the meddows to bee 
divided, according to former orders, or also to dispose of anew 
division of land and to see to the causing to bee fenced the ox 
pasture, and what soever other matter doth or may concern the 
wellfare of this place & plantation according to their best under- 
standing and discretion, provided that they observe the limit- 
ations given former 5 men, which they must alsoe observe, 
namely the giving of land to any particular person. t 

November 29 1652. )t was granted by the towne vnto Mr 
Henry Eason, that hee should have to the quantity of 3 acres 
any parcell of land hee shall find fitt for his vse near vnto Mr 
Odell his 4 acres in Cobs pound| provided that hee the ?aid Mr 
Eason doe resign the same vnto the towne agane when hee 
shall depart the towne, and not make vse of it himself and al- 
soe that hee secure the same for his vse by fenceing it ibr the 
time hee makes vse thereof. 

Page 105. It is agreed at the forsaid meeting lune the — , 
That Thomas Halsey Sen. & his partner whoe are appoynted 
to lay out the former mentioned meadow shall lay ovt Sagapon 
ack & Seponack mowing ground for a present supply of the 

* Thehome lot of John Bishop is the one now owned by the heirs of Jonathan Fithian. Joshua 
Harnes home lot Is now the homestead of William S. Pelletreau. W. S. P. 

t It will be seen by this that the office of townsman, embraced the duties now performed by 
Snpervisor and Assessors, and to some extent those of Overseers of poor and Commissioners of 
highways. W. S. P. 

t This is the place now called by the euphomious name of "C ebb," probably the title given 
above is a corruption of some Indian name. W S, P. 



RECORDS : TOWN OF SOUTHAMPTON. §7 

Inhabitants of this towne for this yeare, according as they in 
their discretion shall think may bee most convenient for the 
whole, provided that they make the said divisions, & then cast 
lotts for the same as before is mentioned concerning Quaquan- 
antuck meddow, 

lune the 27 1652, At a town meeting it was concluded that 
if any goats bee found withovt a keeper, and any person soe 
finding them bring them home vnto the owners they the own- 
ers of said goats shall pay a penny per goat for ihem vnto 
those whoe soe bring them home, and alsoe pay for the harme 
whieh it shall appeare is done by them. 

August IS 1652. It is ordered by the generall court that 
Inasmuch as The. Goldsmith hath mowed ye most considerable 
pt of the ground granted to lohn Robinson, hee shall pay tow- 
ards the rate for capt. Mason, rJs Ud, And the other 3s Thom- 
as Halsey pays at present & is to bee paid againe by them 
that shall come to possess the said land. 

It was concluded by the voat of the Generall Court that 
there shall bee yet another attempt made for the letting out of 
Shinecock water, for the regaining of the ?alt marsh meddow. 
Whereas there was an appeale made by Thomas Burnet lune 
the 1st 1652 vnto the General Court from the verdict of the 
lury that then was passed concerneing an action of trespassde- 
pending betweene Mi Gosmer plf & the said Tho. defendant it 
is determined by this present general court that Thomas Bur- 
net shall pay vnto the said Mr Gosmer 85s and James Till being 
interested in the cause of the said Mr Gosmer his loss, & hee 
the said Tames leaving himself vnto the determination of this 
Page 106. Court. It is concluded by this Cort that the said 
lames shall alsoe pay vnto the said Mr Gosmer 35s both which 
somes are to bee paid in current pay within onfe month after 
the date hereof, lykewise the said Tho. and lames are to pay 
the costs of the said Cort, for the tryall of the said action each 
their equall share. 

At a towne meeting September 11 1652 It was concluded by 
the maior pt. that according to the order made august IS 1652 



88 RECORDS : TOWN OF SOUTHAMPTON. 

concerning an attempt to regaine Shenecock meddow, the said 
attempt or tryall shall bee by cutting a trench between Shine- 
cock water & quanquanantuck water, to which end 8 men shall 
goe with the first conveniency and are to have 2s 6d a man per 
day for every day they are vpon the said business. 

Octobr the 6th 1652 being the day of Election was chosen 
for magistrates Mr lohn Gosmer primus, Captam Thomas 
Topping secundus, and Mr Edward Howell tertius. 

October 6, 1652 Henry Pierson chosen Secretary. 

October 6, 1652 lonas Wood H chosen constable and mar- 
shall for this year ensueing. 

October 6, 1652 Mr Alexander ffields, Christopher ffoster 
Thomas Goldsmith lohn Cooper lunr' were all and each of 
them chosen ffieemen of this towne. 

It is ordered by the general Cort that vpon any Cort day or 
towne meeting day, if vppon appearance according to warn- 
ing there be present but 6 men and either of the magistrates, 
they shall haue power to proceed to call all that were warned, 
and they that answer not at the second call shall pay 6d vnto 
the Towne or Cort, and if any party stay two howres after, 
hee shall pay 12d in like manner, and if any stay away the 
whole day hee shall pay as aforesaid two shillings, and the 
company that are met as afore-said vpon such occasions shall 
iudge of the aforesaid time, or howres in case any difference 
bee concerning the same, and those whoe then are present as 
aforesaid shall haue power to proceed in any matter what so- 
ever, which concernes such said Cort or meeting) as if all the 
warned were present. 

Page 107. Feb. 25 1652 Mr losiah Stanborogh plf in an 
action of tresspass vpon the case against Elizabeth Wood the 
wife of lonas Wood at the North sea defendant.* 

The said Mr Stanborogh plf in an action of debt m the be- 
half of Mr Robert Scott of Boston merchant, against Mr lohn 
Ogden defendant. 

» This is the Jonas Wood of Oram. W. S. P. 



RECORDS : TOWN OF SOUTHAMPTON. S<* 

The 8aid Mr Stanborogh plf in action of Tresspass vpon the 
case in the behalfe of Mr Robert Scott of Boston merchant 
against lonas Wood H. defendant. 

March 1st 1652 At a quarter Cort, The Jury impanelled to 
try the action depending betweene Mr Stanborogh plf, and 
EHsebeth Wood defendant are as followeth Richard Barrett 
Mr ffields Richard Post lohn lessup Edward Howell Ellis 
CooKe Isaack Willman Rob. Mervin Tho. Halsey. The jury 
hauing heard the witnesses examined, and they find for the 
defendant, costs and Cort charges. 

Concerning the action depending between Mr Stanborogh 
plf and Mr lohn Ogden & lonas Wood defendants as above 
said, it is concluded by the said parties to put the said business 
to the Arbitration of Mr lohn Gosmer, Mr Richard Odell, 
Thomas Halsey, and Richard Barrett, who are to end the same 
and all matter of difference betweene the said Mr Ogden & 
lonas Wood defendants and the said Mr Scott, see farre as 
wherein the said Mr Stanborogh plf is impowered by the said 
Mr Scott, And if the said Arbitrators disagree in any particu- 
lar tiiey shall chuse an vmpire and the}'^ are to end the said bus- 
iness by the last of this instant, and the said Mr Stanborogh plf 
and Mr Ogden & lonas Wood defendants doe bind themselves 
in the assumpset of 10^ a piece to stand to their Arbitrements. 

Page lOS. At a general Cort held the 14 of March 1652 It 
is concluded that noe inhabitant in this town shall sell any corn 
or meale or bread to any Indian or any dwelling out of this 
plantation, vpon che penalty of paying after the rate of 20s per 
bushel vnto the towne vpon sufficient conviction, but it is pro- 
vided that any may impart either of the aforesaid provisions 
vnto any for his worke or labor, this is to stand in force till 
this Cort shall see cause to the contrary. 

April 14 1653 At a general Cort it is ordered that all, and 
only those men in this towne that are of 16 years of age and 
vnder 60 shall keep watch & ward as occasion is, those onely 
excepted whoe are exempted by office. 

Willam Rogers chosen clerk of the band. 



90 RECORDS: TOWN OF SOUTHAMPTON. 

April 25 1653 At a generall Cort, Liberty is given to any 
Inhabitants to sell vnto ye Sachem any msinner of victuals for 
the supply of his family for a months time from the date here- 
of, Mr Odell having promised to vse his best endeavors to see 
that the said Sachem buy not for other Indians but for his 
particular vse as aforesaid. 

lohn Cooper lun. hath liberty to sell what corne hee can 
procure from the maine vnto any English vpon such price hee 
can afford it, or vnto the Indians prouided wnrre bee not be- 
tweene the English here and the Indians, which enforceth rea- 
son to the contrary, allsoe any other that shall bring in corne 
they have hereby granted them the same liberty. 

Page 109. The 4th day of April K>51 ye aforesaid Thomas 
Pope drew a 50 pound lot mark*)d with the number 15, Num- 
ber 8, Number 4, to begin and to be layd out on the north side 
of the three lots drawn by the said parties and to be fenced [gone] 

A towne meeting warned to be vpon [words gone] 

April 1651 absent at ye second call [two or three words 
gone] It is granted by the inhabitants of this towne at the 
saide towne meeting that Thomas Goldsmith shall have a hun- 
dred pound lott in this towne of that which is now to spare and 
is to be that which was granted to Daniel * [rest gone] 

It is granted by the town at the said towne meeting, that 
Richard Mills shall have the old meeting house with the apurt- 
nances to help to enlarge his house for which said gift the said 
Richard Mills doth ingage himself to the towne to keep an or- 
dinary for strangers for diet and lodging & to begin vpon the 
5 day of May next, and soe to continue in the same for the 
space of four years, & yf soeuer hee doe refuse to perfc rme the 
same he doth ingage himself to pay 5s for euery year that he 
shall not in the saide town keep the ordinary 

RICHARD MILLS. 

The llth day of Aprill 1651 at a towne meeting Whereas 
in the proportioning of the great and little plaines the fiueraen 
was ordered to haue some to sell on the north side of the great 
plaine to those that come lately and had noe fence there at all, 



RECORDS : TOWN OF SOUTHAMPTON. 91 

it is now by the towne ordered that those that have fenced the 
space on the north side of the great plains shall keep and main- 
taine the same, and the said men shall make up their propor- 
tion of fence* [rest gone] 

Page 110. [The llOth page of original is illegible; from a 
few words that can be deciphered tlie record seems to be an or- 
der about fence on the plains.] 

Page 111. At the aforesaid general court Ian 9 1653 It is 
ordered the east end fence of the little plaine shall be taken up 
& removed further east ward, and more land taken in accord- 
ing to the present townes mens discretion to supply divers who 
want of their complement of land in the plaines, as allsoe to 
supply an Indian (if need bee) that hee may keep the plaines 
instead or the ginfence, according as such Indian may be agreed 
with by the said townes men. 

ffeb. 2 1653 At a towne meeting. It is ordered that ac- 
cording to former order those that bring home hoggs from Shen- 
ecock or Seponach or the plaines shall haue 6d per hogg paid 
them by the owners & upon their refusall to pay they that bring 
them home shall repaire to lohn Cooper Sen. & Thomas Saire 
who shall prise part of such hoggs that soe therein and there- 
out they the said bringers home may be satisfied as aforesaid, 
& if the said two men to prize bee troubled therein they all- 
soe shall bee likewise paid ovt of such hoggs l:^d per piece. 

It is ordered that in as mnch as the Indians will fence their 
share of fenceing betweene them and us with 5 railes or that 
which shall bee answerable therevnto the towne alsoe will & 
shall fence their proportion in like manner which may bee fence 
sufficient against hoggs and all sorts of cattell. 

March S 1653 It is ordered that there shall bee a conclusion 
made by the Cort (if it may be) concerr.eing a settled way for 
cutting out of what whales shall be cast up. Whereupon it is 
ordered that acconUng to a former order December 5 1 648 

• It may be well here to remark that the loqth page of original was when the records were 
copied by the editor in 1862, so utterly illegible that no attempt was made to copy it. In 1871 
the faded writing was treated with prussiate of potash by Rev. G. R. Howell, which so far re- 
stored it that the foregoing copy waft made. . ■ . i'. 



92 



RECORDS : TOWN OF SOUTHAMPTON. 



what whales shall be cast vp, shall be cut out by the squad- 
rons which are divided by the last 5 men chosen, and to haue a 
third pt of what they cut for their paines besides their share 
with the towne, and what soever whale or parts of whales shall 
be gained by any whom it may concerne as aforesaid they shall 
Page 112 lay it aboue high water mark, and not meddle with 
deuiding, or diminishing it, or any part thereof vntil it bee 
brought to towne at the townes charge, and laid in or about 
the towne pound, and the said cutters to puy a third pt of the 
said charge, besides their share with the towne. 

The Squadrons are divided as foUoweth, 



lohn lagger 



4 lohn Howell 
3 lonas Wood 

1 lonas Bower 1 Bortholemew Smith 

2 Joseph Rainer 3 Christopher ffoster 

3 Thomas Halseyl The Miller 

Third Squadron Fourth Squadron 

Captaine Topping 2 Thomas Cooper 



Fifties 

3 Mr Richard Smith 

4 Mr Rainer 

3 Mr Odell 
2 John Lum 
Second Squadron 

4 Mr Howell 
2 Mr Gosmer 
2 Ri. Post 
2 Wm Rogers 

1 Geo. Wood 

2 Sam Dayton 

2 Rob Mervin 

3 Mr lohnes 
3 Tho. Cooper 
3 Mr Stanborough 
2 loshua Barnes 

1 lohn Bishop 

2 Tho Hildreth 

1 lohn Oldfield Memorandum that after ye squadrons 

1 Mr Hampton, had gone round not orderly, the town 

began according to order, Mr Smiths 
Squadron cutt next Mr lohnes at Spring 1655, next John White 
his Squadon cutt April 26 1655, Richard Barrets squadron cut 



Mr Fordham 
Ellis Cook 
lohn White 
3 Henry Pierson 

1 lohn Cooper Ir 

3 Mr riowell 

4 Thomas Sayre 
3 Mr Gosmer 

3 Obadiah Roger 

2 Tho. Burnet 
1 Tho. Pope 



3 Thomas Halsey 
2 Edward Howell 

2 lohn lessup 

3 Richard Barrett 
3 Mr Gosmer 

3 Mr Topping 

3 Mr Fordham 

4 Mr ffields 

2 Isaac Willman 
2 lohn Cooper Sen 
1 Widow Briffus 



REOORDS : TOWN OF SOUTHIMPTON. 93 

may J 655, Mr Smiths squadron cut may 9 1655, Richard Post 
cutt in Aprill '56. 

It is left to the care and discretion of the townes men to pro- 
vide carts to fetch home what whales shall be cutt out as afor- 
said from time to time, * order of the 5 men namely Mr Gos- 
mer Mr Rainer Thomas Halsey Christopher ffoster & lohn 
Howell, Mr Smith his squadron was to cut first, Mr lohnes his 
squadron second [rest gone.] 

Page 113. Sept 12 1653 At a generall Cort, It is ordered 
that no cattell whatsoever shall be put to or kept at Seponach 
or shinecock, and if any be found there they shall be fetched 
off, vpon penalty of ten shillings a day to bee paid by the 
heardsman or any other person belonging to the towne or the 
north sea that shall herein transgress vntill the 5th of October 
next ensueing. 

Sept 12, 1653 An action of tresspass vpon the case entered 
by the towne against Robert Mervin. 

An action of Slander entered by Tho. Vale against the wife 
of Samuel Dayton to 40je damage. 

Sept 16, 1653 At a purchased cort, the said action of Slan- 
der entered per Tho. Vale plf against Sam. Dayton defendant, 
tryed by 12 men namely Mr Richard Smith Mr Thurston Ray- 
ner Mr Richard Odell Thomas Halsey, lohn Howell Richard 
Barrec Christopher fibster, Tho. Goldsmith Tho. Sayre Tho. 
Cooper lohn lessup Isack Willman. 

The said lury finde for the plf. three pound damage, with 
increase of Cort charges. 

Sept 2S 1653 An action of bloodshed & battery entered by 
lames Till plf agair?st lames Herrick defendant the same to be 
tryed the next quarter Cort, [note] The said parties are agreed 
without a tryall. 

Page 114. October 6 1653 At a generall Cort was chosen 
for magistrates first Mr lohn Gosmer, Second Captaine Thom- 
as Topping, third Mi Edward Howell. Henry Pieison chosen 
Secretary Mr Alexander ffieldf Cunstable & marshall 

It is concluded that Tho. Saire shall haue paid vnto him by 



94 RECORDS : TOWN OF SOUTHAMPTON. 

the towne the sum often shillings as an allowance vnto him 
for some pitts that hee imparted to the highway for which hee 
was to have allowance by order made formerly when Mr Wells 
& Mr Gibbons were here. 

It is concluded that the miller shall haue given vnto him a 
full & direct answer concerning a seeming difference at pres- 
ent between the Towne & him about his covenant with the 
towne concerning opening the sepoose, and ye said answer to 
be given him within 10 dayes after the returne of Mr Gosmer. 
October 2i 1653 At a towne meeting it was concluded 
that Captaine Topping Mr Rayner & lohn White are appoint- 
ed & left to agree (if they can) with the miller concerneing the 
alteration of his mill to ease the towne of the burthen of open- 
ing the sepoose and what bargaine they make the towne for 
their part will stand to. 

It is concluded alsoe that lohn Cooper Sen shall send forth 
men to seeke vp and bring to the towne what cattell they can 
meete with beyond the cannoo place, & the charge thereof is 
to bee levyed vpon tlie dry heard. 

Page 115. Sept 16 1653 by apoyntment of ye 5 men as 

followeth, Mr Gosmer being chosen treasurer had delivered 

vnto him by the 5 men, for the townes use as followeth. 

23 lb of gun powder which was brought in by lonas Wood H. 

10 lb of gun powder & 175 of lead which was bought by 

himself. 

1st of October 1655 At a town meeting the aboue said ac- 
compt being considered noe person or persons appearing to 
witnes the delivery affbre said of the powder & lead. It is not 
discerned but that there is a mistake in the said account of 
what is aboue said to bee dslivered, vnto Mr Gosmer and hee 
hath received, and there was delivered vnto him insted of the 
23 lb of powder by or from M Wood onrdy a barell with pow- 
der in it, both which contain barely 26 lb, * * powder above 
said and but 60 lb of lead, [rest of this page gone.] 

Page 116. febuary 4 1656. At atowne meeting it was agreed 
that the lickquor that was taken from Goodman Gouldsmith, 



I 



RECORDS : TOWN OF SOUTHAMPTON. 95 

he shall haue his money returned namely the townes part of it 
Allsoe at the meeting there was a contribution to Goodman 
Gouldsmith becaues of his loss by tier.* 
Mr Topping one bushell of wheate. 
Mr Gosmer two bushels. 
Mr field three pecks of wheat. 
Thomas Sayre one bushell. 

Henry Pierson the value of half a bushell of wheate. 
William Ludlam half a bushel of wheate. 
Isaack Willraan half a bushell of wheate. 
Thomas Halsey lunior 2s, 6d. 
Joseph Rainer half a bushel of wheate. 
[Rest of this page gone.] 

Page 117. at the aforesaid Cort Aprill the 4, 1G54 It is 
ordered that Mr lohn Ogden Sen & lonas Wood R. shall bee 
the prizers of the goods and chattels belonging to Wm Paine 
of late deceased. 

May 23, 1654 At a towne meeting it is concluded that 
Thomas Goldsmith lor vp at present sufficiently and maintain- 
taing ye portion of fenceing belonging to the widdow Briggs, 
hee shall haue commoindg m the ox pasture for a payre of oxen. 
Whereas Mr Richard Smith had a grant of some addition of 
land vnto his home lott and the condition wherevpon ye said ad- 
dition was granted cannot bee at present produced, either by 
him or by the town, and the said Mr Smith referring himself 
to the townes conclusion concerneing the premises. It is or- 
dered by this towne as foUoweth, that Mr Smith shall have the 
said addition of land at his home lott still as his owne proprie- 
ty, and shall from time to time secure thelittle plaine by fence- 
ing sufficiently betweene hissaid homelott and the little plaine,t 
leaving a sufficient watering place for all sorts of cattell against 
the lane end, betweene his said lott & the little plaine, the 



• It appears that in the Spring of 1657 an attack was made upon the town by the Indians. 
Several houses were burned, among them was the house of Mrs. Howell (widow of Edward 
Howell). Probably Thomas Goldsmsth was another of the sufferers. (See Howell's History, 
page 165. " • ''• "• 

t Mr. Richard Smith's home lot was the one now owned by Capt. Edward Sayre on the west 
side of main street, aiid next to the lane leading to the pond. W. S. P. 



96 records: town of Southampton. 

same to bee finished within six days after the date here of vp- 
on penalty of paying what it shall cost making or repairing 
the said fence against the said watering place to secure the 
plaine as afForesaid. 

It is ordered that if any mans lott in this towne bee iu the 
judgement of men sufficiently fenced, and little piggs bee per- 
mitted by the owners (notwithstanding warning) to come 
within such lottments,; then vpon the oath of the tresspassed 
before one of the Magistrates the owners of such piggs shall 
pay 6d per pigg for every time any such piggs doe trasspass 
as aforesaid. 

It is granted vnto Bartholomew Smith that hee la} ing down 
about f acre of land in the little plaine he shall have ye acre 
in ye acre division in the little plaine that was laid out to fFar- 
ringtons land, 

It is granted vnto Tho. Vale that hee [words gone] vacant 
in the plaines or else where [words gone] home lott hee hath 
bought a [gone] as the town is capable a fifty [gone] 6 acres 
in the plains. 

Page 118. March 1653 At a general Cort Edmond Shaw 
was censured for his excesse in drinke to pay vnto the towne 
the some of tenn shillings the same to be exacted at the discre- 
tion, of the magistrates according to his future behaviour. 

It is ordered that whereas Tho. Goldsmith is prevailed by 
the town to keep an ordinary in this towne, there is noe per- 
son shall retaile any liquors or wines or strong drink within 
the bounds of this plantation but hee the said Thomas Gold- 
smith vpon penalty of ten shillings per quart. 

It is ordered that if any pson aboue the age of fourteene 
shall be convicted of lying by two sufficient witnesses, such 
pson S08 offending shall pay 5s lor every such default, & if hee 
have not to pay hee shall sit in the stox 5 howres. 

It is ordered that for preventing of evill which is subject to 
fall out by reason of excessive drinking of strong drinke, that 
whoe soever shall bee convicted of drunkeness shall for the 
first time pay lOs the second time 20s the third time 30s. 



RECORDS : TOWN OF SOUTHAMPTON. 97 

Thomas Sayre and loshua Barnes for speeking vnseemly and 
vnsavory words in the cort or concerning the cort were fined 
to pay 1 Os a piece, [note] ye fines remitted vpon their ac- 
knowledgement March G 1654, 

March 26 1 654 An action of Battery entered per Thomas 
Burnet plf against lohn Cooper defendt to bee tryed at a pur- 
chased cort April 2d next being the next third day of the week. 

November 21 1653 At a towne meeting It is concluded 
that if the miller goe forward with his covenant with the towne 
hee shall haue 6 men allowed him by the Towne to help him, 

By the maior voat it was concluded that there should bee 3 
men chosen to order towne affaires, the 3 man chosen are Tho. 
Goldsmith John lessup and Kenry Pierson who have commit- 
ted vnto them the same power which was granted & commit- 
ted vnto the 5 men chosen for the last year. 

It is granted vnto Henry Pierson that hee shall haue as his 
propriety 3 acres of land at the out side southward of lohn 
White his fence, in the same forme that his lyeth, (in liewof 3 
acres wh'ch hee imparteth to the towne) both which are & 
doe lie by ye pond commonly called ffaringtons pond* ranging 
with the old side ot the towne. 

It is ordered that Mr losiah Stanborough Christopher fibster 
and Henry Pierson shall lay out a new devission or devissions 
of land for the towne where they shall think meete as alsoethe 
meadow which is yet undevided, and of both for quantity and 
for manner according as may bee most conduceble to thetownes 
conveniencie, in their the said layers out best discretion, whoe 
are to bee paid as they and the townes 3 men shall agree. 

The censure of the Cort concerning Geo Milner That the 
said Geo. Milner shall pay vnto the towne 5s because of his 
misdemeanor in excess in drinking, ye which allsoe he shall 
acKnouledge & his evil therein, at some towne meeting hee 
being called therevnto. 

Ian 9 1 653 At a general court. It is concluded that if the 
Indians will suitably fence one half betweene them & us that 

• This is now called old town pond. W. S. » . 



98 



records: town of Southampton. 



then ye towne will fence with 8 rails or that which is answer- 
able therevnto, the other halfe, and what soever else may bee 
thought necessary to bee done about or concerning the said 
fencing, as treating & concluding with the Indians about it, & 
disposing of the fence in regard of placeing it, is reffered to 4 
men namely lonas Wood at North sea, lohn lessup Tho. 
Goldsmith & henry Pierson. 

It is granted to Tho Halsey that hee shall haue in lieu of 
28s paid for the towne formerly a 2 acres of land if there bee 
so much lying at the head of the ox pasture by the head of 
the long creek at the west end of the plaine. 

Page 119. The Division of lands called Sagaponack, divis- 
ion laid out in January 1663 by men appointed by the towne, 
and by their apoyntment divided, & disposed into 41, hundred 
and 50,£ lotments, and lying as followeth, 
No 1 ( 24 acres at the wigwam & pond lying neare the extent 
( of the towne boundes toward East Hampton and to be 
laid out by them yt they shall belong to. 
3 6 acres more or less lying on ye east side of Sagaponack 
little pond, from the west side of the said little pond 
to the east side of Sagaponack pond is 22 lotments and 
are eastward of the numbered stake as followeth, 







Poles wide. 






Poles wide 


4 




12 


No. 


15 




8 


6 




llf 




16 




8 


6 




Hi 




17 




8 


7 




Hi 




18 






8 




11 




19 






9 




11 




20 






10 




11 




21 




10 


11 




11 




22 




10 


12 




11 




23 




10 


13 


on both 


sides the > 




24 




12 




little creek angular 5 




25 




16 


14 




8 










26 


31 pol 


es wide on the 


skirt of the little i 


jlaine east^ 


^ard of 



RECORDS : TOWN OF SOUTIIIMPTON. 99 

meacox water running from the beach to the creek toward 
the woods and lyeth on the east side the numbered stake, 
from the bounds of No, 26 to meacox water, 
on the end of the neck northward, or meacox ward, of the 
last said creek, and bounded by marked tiees, and else- 
where by pond creek & water, 
Page 120. :31 bounding no 30 and is the next little neck 
Northward bounded towards the woods by marked trees. 
Meacox old ground. 

Rods wide 

32 northward of the pond 10 

33 northward 11 
northward towne land 4j 

34 northward 14 

35 northward 17 

36 eastward of the millers land 60 poles in length, and is 6 
acres, 
37 
38 

39 C iiaringtons peece on farringtons neckt 5 acres more or 

40 I less, 

41 5 acres with out the gin fence, 

ffeb 2 1653 At a towne meeting It is concluded that the afoe 
said 41 lotments laid out and a fifty to bee laid out at Sagapon- 
ack, or elsewhere, they shall be accompted in all fencing and 
rates at two acres per lotment, the lots being as aforsaid, And 
that what ever company of men in this towne fall together in 
any parcell if land of the possessors of the maior pt of any par- 
cell conclude to fence, the other pt shall fence with them or 
elce give their interest therin vnto the said maior pt, if they 
fence, But it is provided that there shall bee noesuch forfeiture 
taken in any of the forsaid divisions vntil the Ist of March 1654 

The aboue said conclusions premised the lotts are cast and 
they fall as followeth, 

• Davis neck is probably the tract of land on the east side of Watermill Creek. W. S. P. 
t Farrington's neck is probably the tract of land East of Old Town pond. W. S. P. 

L.ofC. 



< on the south side of Davis his neck,^ 



100 



RECOEDS : TOWN OF SOUTHAMPTON. 



No 1 Tho Goldsmith 100 
and lohn Oldfield 50 

2 Sam Dayton 

3 Tho. Burnet 100 
lohn Howell 50 

4 Thomas Sayre 

5 Mr Edward Howell 

6 Mr Odell 

7 Captaine Topping 
S MrffieldslOO 

Isack Willman 50 
Page 121. 9 lohn Cooper 

10 George Wood 100 
Widow Briggs 50 

11 Henry Pierson 

12 lohu Howell 

13 Richard Post 100 
Tho. Sayre 50 

14 Obadiah Rogers 

15 William Rogers 100 
Bartho Smith 50 

16 Mr Fordham 

17 Captaine Topping 

18 lohn Lums 100 
Mr Howell 50 

19 Mr Gosmer 100 
lohn Cooper lun 50 



) 20 Christopher ftoster 
> 21 Mr Ramer 

22 Joseph Rainer 100 
Mr Rainer 50 

23 Tho Halsey 

24 Ellis Cook 100 
lohn lagger 50 

25 Mr Richard Smith 

26 Tho Hildreth 100 
Mr Hampton 50 

27 Mr Fordham 
sen 28 Thomas Cooper 

29 loshua Barnes 100 
lohn Bishop 50 

30 Mr Edward Howell 

31 lohn White 

32 Isack Willman 50 
Wm Paine 1 00 

33 Mr Edward lohnes 

34 Mr lohn Gosmer 

35 lohn lessup 100 
lonas Bower 50 

36 Mr losiah Stanborough 

37 Mr John Gosmer 
3S Richard Barret 

39 Edward Howell 100 
Mr Stanborough for Pope 50 

40 lonas Wood 

41 Thomas Halsey 



It is ordered and concluded that the 23^ lotments in Saga- 
ponack field the first of them being No 3 butting vpon the 
marked tree a little aboue the head of the little pond, the head 
line running from the said tree vnto another marked tree 
neare a little hollow coming out ot Sagaponack pond which is 
neere to a parcell of reeds. 



No. 





RECORDS : TOWN 


OP SOUTHAMPTON. 


Pagi 


5 129. Seaponack Division feb 1654. 


K 1 


Richard Barret 


16 Thomas Burnet 100 


2 


Tho Sayre 


lohn Howell 50 


3 


Mr Fordham 


17 Geo Wood 100 


4 


Mr Odell 


Widow Briggs 50 


5 


Mr lohnes 


18 Mr Fordham 


6 


lohn White 


19 Mr Smith 


7 


Obadiah Rogers 


20 lohn Howell 


8 


Edward Howell 100 


21 Mr Rainer 



101 



and Mr Stanborough in 
the right of Thomas 
Pope a 50. 

9 loshua Barnes 100 
lohn Bishop 50 

10 lohn Lumm 100 
and Mr Edward 
Howell 50 

11 lohn lessup 100 
lohn Cooper Ir 50 

12 Wm Rogers 100 
Bartho Smith 50 

I'H Thomas Halsey 

14 Ellis Cook 100 
lohn lagger 50 

15 loseph Rainer 100 
Mr Raner 50 

33 Mr Stanborough 

^- i Captain Topping 

36 Tho Cooper 

37 

38 

39 > 

40 > 

41 Mr Gosmer § 

lonas Bower the other ^ 



Mr Howell 



Mr John Gosmer 



22 Tho Hildreth 100 
Mr Hampton 50 

23 Isack Willman 

24 Henry Pierson 

25 Richard Post 100 
Tho Sayre 50 

26 Tho Goldsmith 100 
[ohn Oldfield 50 

27 Christopher ffoster 

28 Tho Halsey 

29 lonas Wood 

30 lohn Cooper Sen 

31 Mr field 

32 Sam Dayton 
Isaack Willman 



1 02 RECORDS : TOWN OF SOUTHAMPTON. 

Page 123. May 30 1654 At a general Cort the covenant 
betweene the towne and the miller being considered and all 
matters concerning the same well weighed, the conclusion of 
the Court by maior voat is that the towne doe and will stand 
vnto the said covenant betweene the towne and the miller, 
namely William Ludlam, and doe resolve to prosecute the said 
covenant for the attaining supply of sufficient grinding acord- 
ing vnto the said covenant, and the townes necesity or else to 
have their money and land unto their hands againe. 

It is ordered that Thomas Halsey and Henry Pierson shall 
lay out the land granted vnto Thomas Vale to make up his 
fifty pound lotment, hee satisfying them for their paines. 

Edward Howell & Isaack Willman are chosen to view the 
fences and they are to goe about the said business on second 
day next and to have '2s 6d a peece per day the same to be 
paid out of the fines arising for defect in fenceing. 

June 3 1654 At a general court by the maior voat it is con- 
cluded that the miller should haue liberty to lower the mill, 
and the said miller namely William Ludlam ingageth to grind, 
notwithstanding the back water, soe long as the mill will goe, 
the Towne being at theire liberty for opening the sepoose. 

At the said court there being a great disorder by reason of 
ye departure of some of the members thereof before the ad- 
iournment or dissolution of the saide Cort the major part of the 
Cort being left, and troubled at the said disorderly carriage es- 
pecially considering that the said departure was before the full 
consumation of what then was agitated and acted, the said ma- 
ior part left determine ye cort shall be called, and all absent 
that departed as aforesaid shall pay according to former orders, 
And that Thomas Halsey shall pay moreover 5s for his con- 
temptious cariage vnto ye Cort, at his departure. 

Mr Gosmer was chosen to voat in the premises and in ab- 
gence of others aforesaid and what else necessary. 

Page 124. luly 3 1654 At a towne meeting, A letterfrom 
ye deputy Governor to Mr Howell concerningthe towne beeing 
read, and it beeing inserted in the said letter that instructions 



records: town of Southampton. 103 

shall bee sent when & where our souldiers shall meete the soul- 
diers that goe from the niaine, & there yet being no instruc- 
tion sent, the Towne doe ingage to beare in the general what 
penalty may come by reason of our souldiers not being sent at 
present. 

It is ordered that the 3 men shall take notice of mens occa- 
sions that are prest to goe for souldiers and in their absence 
shall give in to the magistrates what they conceive is fitt to 
bee done for the absent, and whoe vpon accountt should doe, 
what is to bee done, & when. 

Tuly ISth 1054. An action of bloodshed & battery entered 
by Thomas Burnet against lohn Cooper lunr. 

An action of Battery entered by Thomas Burnet against 
lohn Cooper Ir. both t© bee tryed next quarter Cort. 

luly 29 1654. An action of slander and deffamation enter- 
ed by Mr Henry Eason plf against Wm Rogers defendant. 

At a towne meeting Aug, 21 1654 It is ordered that Tho. 
Cooper shall have power to call forth those that are behind 
hand to work at the highway <fc to mend the bridge & making 
watering for cattle, & to call forth what other help, hee shall 
see necessary to effect the same in yt manner which hee in his 
discretion and what else he shall advize which he shall think 
meete, the same to be gone about within 10 days here of, who- 
ever refuseth to doe as aforsaid having warning shall pay 3s 
per day, and another forth with to be hired in his room 

It is concluded that ye towne r<^fer ye answer to be given to 
the two bandes of Indians yt came vp this day concerneing 
their present distress abovt the Naragansets, vnto Mr Howell 
Mr Topping & Mr Gosmer, 

Page 115. Sept. 5 1654. An action entered by lohn Coop- 
er Ir plf against lonas Wood H. defendant concerning a bill, 

An action of ye case alsoe entered by lohn Cooper agrinst 
lonas Wood defendant concerning 4 pounds worth of beaver 
dve vnto the plf, 

An action of tresspass vpon the case entered by lohn Cooper 



104 records: town of Southampton. 

lun against lonas Wood H, in the behalfe of Joseph Garlick 
East hampton, 

An action entered for lonas Wood H against lohn Cooper 
Ir of tresspass vpon the case for slanderous words, 

The Jury men to try the said actions are Mr Rainer Chris- 
topher ffoster Richard Barret lohn lessup Mr Odell Richard 
Post, 

The lury finde for the* plaintiff in the first action entered for 
lohn Cooper, damage 5s for detainment of the bill by the de- 
fendant, & Cort charges, and to deliver in the said bill or else 
forthwith to give the plf an acquittance. 

In the Hecond action the said jury finde for the plf. fowre 
pounds worth of beaver, as shall be iudged by 2 indifferent 
men worth 9s per lb as allsoe 10s damage with increase of 
charges. 

In the third action entered by lohn Cooper plf, the jury 
finde for ihe plf, that the defendant shall satisfie the byll due 
to loseph Garlick, with 2 pence damage and increase of Cort 
cort charges. 

As concernin the action wherin lonas Wood is plaintiff' vp- 
on the request of the lury of 3 months time to bring in their 
verdict It is allowed by the magistrates vnlesp they shall see 
cause to call them forth to ishue it before. 

lonas Wood hath liberty vpon his request to the Court of a 
review of the aforesaid cases & actions to be tryed within 2 
months of the date hereof 

This court adjourned vntil the 1 4th of this instant month. 

Page 126. lonas Wood October 5th 1654 entereth his re- 
vise concerneing the foresaid 3 actions the former jury sworn 
to try it, in the first and in the second actions, the jury find 
foi the defendant namely lohn Cooper, Cort charges to be payd 
by the plaintif namely lonas Wood. 

The next day beeing Oct. 6th, In the action concerning 
loseph Garlick the jury finde for the plaintif 30s damage and 
charges of the Cort. 

Concerning the action of defamation they finde for the plf 



RECORDS : TOWN OF SOUTHAMPTON. 105 

namely lonas Wood 50s damage, and acknowledgement, with 
Cort charges or ten pounds and no acknowledgement, with 
cort charges, And the acknowledgement to bee made the next 
towne meetiHg, and the acknowledgement to be that lohn 
Cooper hath done him wrong in saying that lonas Wood lyed 
against; knowledge and conscience, [Note] the defendant is 
granted an appeale. 

Octob. fi 1654 At the general Cort chosen for magistrates 
Mr lohn Gosmer first, Captaine Topping second, Mr Rainer 
third. 

Henry Pierson chosen Secretary. 

Ellis Cooke chosen Cunstable and marshall & sworne. 

Thomas Sayre Joseph Rainer Edward Howell chosen for 
townsmen. 

It is ordered that Captaine Topping Mr lohn Gosmer Mr 
Thirston Rainer, being attended by Henry Pierson are to write 
a letter to the cort at Hartford by way of request concerning 
easing the towne in respect of rates. 

Whereas Mr ffields the last cunstable could notgiue a ready 
accompt of about 20s it was remitted by the Cort. 

That there shall be a committee to peruse the Court papers 
and to regulate the Cort books, to reserve what is of vse and 
to cashier the rest, the said committee is Captaine Topping 
Mr Gosmei, Mr Rainer, Thomas Hdsey, Mr Odell and Henry 
Pieison. 

Henry Pierson hath allowed liim for his years services at 
the Cort 1 Os. 

Octob 20 1654 At a towne meeting It is granted that any 
Inhabitant shall haue liberty todigg pitt or pitts to catch wolves 
provided chat such pitt or pitts are not dugg within one mile of 
the towne, nor within 2 miles one of another, And provided 
that the owners of such pitts view them every 3 days, and main- 
taine their fence about them according to the wanted manner 
of them, The Towne doe agree that whateuer damage come to 
Page 127. any in particular by reason of the said pitts the 
same shall bee satisfied and discharged by the whole towne. 



106 records: town or Southampton. 

and for every wolfe [that] is killed by meanes of such pitt or 
pitts, the towne ingage to pay 30s, And those that make any 
such pit shall within 24 howres giue public notice to the towne 
of the same where it is, and also it is provided that what pitts 
are digged as aforesaid, shall be finished within 20 days of the 
date hereof, and the course now settled to be continued for the 
terme of 3 yeares hereafter, except only that if any such pitt 
proue offensive to the towne it shall be stopped or blockt vp 
at the expiration of 19 months, and if the owner of the pitt 
hath not ere then killed 3 wolves the towne shall and will al- 
low him or them 30s towards their charge which they haue 
expended about it, 

November the 5th 1624. At a general court, John Coaper 
lun entereth his revise against lonas Wood. The jurymen to 
try the said revise are those within said to try the action be- 
tween Mr Fordham and Thomas Halsey, and they bring in a 
special verdict or in effect they leave the thing as they found it. 

At a^Cort Ian, 3 1654 the levise still or Hgaine called vpon 
13 men warned, but the jury to try the said revise ure Mr 
Smith Sam Cleark Tho Weeks lohn Ogden Christopher Lup- 
ton John Lum Tho Hildreth. The verdict of the lury brought 
in Ian 8 1654. 

Wee of the lury find for lonas Wood 5s damage (in case hee 
make publick acknowledgment that hee that is lohn Cooper 
hath untrvely accused lonas Wood to lye against his conscienc 
& knowledge,) if not, to pay to lonas Wood lOlb sterling with 
increase of Cort charges which haue been necessarily expend- 
ed about the same. 

lohn Cooper Appeales to the general Cort 

At the general Cort held January 31 1654 It is ordered that 
vpon every special general Court that is called to decide any 
matter betweene particular parties that doe appeale therevn- 
to, the members of the said Cort shall have paid vnto them 
I8d a peece for every day. 

Page 128. December 22 1654. at a particular Cort, Mr Rob- 
ert Fordham plf in action of tresspass vpon the case against 



RECORDS : TOWN OP SOUTHAMPTON. 107 

Thomas Haisey Sen defendant, The lury men to try the said 
action, Mr Odell Tho Sayre Mr ffield Richard Post lohn How. 
ell Edward Howell, Christopher fFoster, Wm Rogers, and Tho. 
Goldsmith, whoe finde for the plaintiff for the tresspass in tak- 
ing vp the horse illegally two shillings darnuge with increase 
of Cort charges And the lury meddle not with determining 
whose the horse is. 

The defendant The. Haisey Sen Appeales to Hartford and 
is bound in the sumset of 40<£ to prosecute there. 

December 29 1654. loseph Rayner entreth an action of 
slander & defamation against lonas Wood H. 100^ damage, 
The action called upon Ian 8, 54 but lonas Wood making his 
plea to the cort that hee was not prepared to answer to the 
suite, vntil the 1 5 of April next, At which time the said lonas 
Wo »d is ingaged to answer. 

At a general Cort Ian. 81 and feb. 1st 1654 The Appeale of 
John Cooper made & heard, by the Cort, and the cause con- 
sidered, the first conclusion by the maior voat (there being but 
2 pf^rsons or voats in accompt difference) Is thisthatit is found 
lonas Wood had paid for the boat, the major voat being 17 
persons, the other 1 5, 

It is concluded by liie maior voat that lohn Cooper should 
pay noe damage. 

That for costs each should pay & beare his owne chaiges 
and Cort charges to bee borne equally betweene them. 

lonas Wood Appeales to Hartford, hee the said lonas is tj^iu 
bound in the some of 30£ to prosecute the said appeale at a 
particular Customary Couri in may next, lohn Cooper bound 
in like bond to answer. 

It is ordered that all depositions taken before any of our mag • 
istrates at any time, shall bee entered into the Cort booke, and 
they to pay for the entering of them that desire them. 

Page 1-29. At the Court held lune 12 1655, Hugh Griffin is 
called and hee appeared not wherefore the distress taken of his 
goods, ye distress being a heifer and a calf is forfeited, the which 
said distress is adiudged by the Cort to bee a prized and then 



108 RECORDS : TOWN OF SOUTHAMPTON. 

to bee committed unto the handes of Christopher fFoster to sat- 
isfy him for such particulars as followeth, which hee declareth 
the said Griffin oweth vnto him for wintering his cattell 30s 
which the plf ingaoed should be paid to Tho. Vale, more 25s 
which the plf paid to lonas Wood for wintering the said Hugh 
Griffin his cattell more ye plf ingaged for him to lohn Oldfield 
20s, more due from him vnto ye plf vpon his owne accompt 
34s 4d cort charges is 5s 1 Od. 

Wherevpon the plf namely Christopher ffoster doth binde 
himselfe in the some of twenty pounds vpon condition that if he 
the said Hugh Griffin or his assignes shall hereafter desire to 
appeare to the said action that then the said distress or the full 
value of it shall bee returned into the handes of the Cort vntill 
the said tryall shall have passed in the case, witnes my liande. 



(Autograph of Christopher Foster.) 



October 5 1653 Mark Meggs entereth an action of trespass 
vpon the case for slanderous words against lohn Miller. 

Page 130. October 6 1655 Att ye Cort of Election chosen 
T Magistrates first Mr Gosmei, Second Captaine Topping 3d Mr 
Ogden. 

Henry Pierson chosen Secretary. 

Thomas (]!ooper chosen for cunstable and marshall. 

Chosen for townsmen William Rogers, Isaack Willman and 
lohn Cooper Sen, wiio shall haue like power v^hich former 3 
men and fiue men had. 

It is ordered that whatever cattle or hoggs come into the 
great or little plaines, and come to be impounded, or if any of 
the saide creatures doe harme any manner of way in the said 
plaines, they that impound them shall have impoundidg, and 
they that haue harme done shall haue damage of the owner of 
the said creature. And hee or they that are the owners of the 
said cattle if they can find where the said cattle broke in or if 



RECORDS : TOWN OF SOUTHAMPTON. 109 

not yet if there bee fenceing where they that bee appoynted 
for that purpose shall esteem they might come in, they the 
owners of such fence where they did come in, or where they 
might come, shall repay vnto the owners of such cattell what 
ever hee or they are constrained by any order of this cort to 
to pay for such cattell, aforesaid, And whoe soeuer is to re- 
ceive for damage shall chuse one man and hee yt is to pay shall 
chuse another, to view and conclude the damage, but vpon his 
refusall, hee that is to receive for damage shall have liberty to 
chuse another, to view and conclude the damage, but vpon his 
refusal, hee that is to receive for damage shall have liberty to 
chusr^ two men who shall conclude what such person or per- 
sons are damnified. And the said impounding or damage 
shall be levyed by the cunstable by way of execution and paid 
unto the persons to whom it belongs, & tiiey yt pay the said 
impoundidg or damage shall pay allsoe vnto the cunstable as 
for an execution, 

At the said Cort it was granted vnto Mrs Ellinor Howell 
that she should have the administration of all the goods be- 
longing vnto Mr Edward Howell deceased. 

Page 131. October 23, 165^5 At a town meeting lohn les- 
sup chosen to bee ye man to lead out the company to the see- 
poose. 

Whereas Thomas Hal^ey hath occasioiied a difference be- 
tweene the towne and him concerneing his two closes whereby 
disturbance liath arose in the towne hee the said Thomas Hal- 
sey acknowledgeth himself sorry for his fault therein and de- 
sireth of the towne their curtesy therein, wherevpon the town 
doe consent vnto the said Thomas Hallsey that hee shall have 
his said closes in particular to himself vpon this consideration 
that hee shall keepe vp his said fences in that manner that 
through his said ground noe cattle nor hoggs shall come at any 
time into the plaine, and for what fenceing stands against his 
eastward close which was set vp by any other than himself hee 
shall pay for the same unto the towne vpon demand according 
as some of the said fenceing cost the towne, or hee shall set vp 



110 records: town of SOUTHAMPTON. 

8oe much sufficient fenceing where the town shall appoynt him, 
and if the towne demand of him the fenceing then they yt now 
are owners of ye said fence are to maintain it, And alsoe the 
said Tho. Halsey shall pay those men forthwith who of late 
were imployed to put the cattell into his inclosure. 

Page 132. October 30 1655 at a particular Cort Captaine 
Silvester entereth an action of tresspass upon the case against 
lonas Wood H of Southampton, the jury to try the sd action 
Christopher ffoster lonas Wood O. Edmond Shaw lohn Lum 
Ri Howell loseph Rainer Mr ffield lohn White, Tho. Sayre, 
Ri Post Mr Hampton Ellis Cooke. 



T^^F^^ Q^'^^y^^'^^ 



Aiitograpli of Thomas Sayre. 

The verdict of the jury Wee of the jury firide for the plain- 
tiff a mare and her increase since the time of the first cove- 
nant, as allsoe 1^ 5s cost and allsoe Cort charges, the cort 
give judgement accordingly. 

December 1st 1055. An action in the case entered by lo- 
nas Wood H. against loseph Rainer to be tryed at ye next 
quarter Cort, [note] ye plf nonsuited. 

An action of tresspass entered per lonas Wood against Tho. 
Cooper & lohn Cooper Jr. 

The jury to try the action of tresspass against Tho. & lohn 
Cooper were [the list is not in the original.] The jury finde 
for the plaintiif Cort charges with the mare and her increase, 
ye defendant appeales to the general Cort that is to bee tomor- 
now [note] judgement is awarded according to the said verdict 

In respect of loseph Rainers suite the Cort doe answer vnto 
lonas Wood that if hee haue occasions to remove from the 
towne before next quarter Cort then rather than the said lonas 
shall be damnified hee shall haue a purchased Cort to cause 
loseph Rainer then to answer him. 

But lonas moveing yt hee is shortly to remove the Cort grant 



RECORDS : TOWN OF SOUTHAMPTON. 1 1 1 

to him yt if he please hee shall hane a Coit G weeks hence. 

Page 183. At a general Cortlanuary 25 1G55. To prevent 
abuse by drinking liquors. It is ordered that noe liquor what- 
soever that is distilled shall bee sould within the limits of this 
towne by any but by our neighbor lohn Cooper who shall have 
liberty to sell it to all people as necessity or [word gone] in his 
iudgement requires, whorne this court doe trust that the bounes 
of moderation & sobriety bee not exceeded by any in his pres- 
ence, or at his house. And that hee will carelully observe the 
qnantities hee doth sell to any out of his house, yt so hee may 
prevent this great disorder at present in respect of the Indians 
thei*" having liquors and abuseing themselves there with, and 
that to his best skill or understanding hee may prevent any 
from buying liquors of his that will or may sell to the Indians, 
And as for himself hee will willingly depose that directly or 
indirectly he will not sell or put to be sould, any such said 
liquors vnto any Indian or Indians. Allsoe it is ordered that 
if any doe bring in such liquors within the bounds of this towne 
and sell them to any bnt vnto him the said lohn Cooper^ or 
put tiiem a shore excepting only cases of necessity such said 
liquors shall be forfeit, one half to him yt seizeth them and the 
other lialf to tiie towne. Allsoe it is concluded, that hee ye 
said lohn Cooper shall not exceed the quantity of nine ankers* 
by the yea'-e to sell to the Iidiabitanti, or at the towne, and 
the price thereof to be reasonable. 

And the north sea men findeing a man that shall ingage as 
the said lohn Cooper doth, they shall haue ye allowance alsoe 
of three ankers by the yeare and not to exceed. And if any 
defect bee in this aftbresaid order so that it reach not the end 
the magistrates haue power to supply any deficiency herein 
according to their discretion. 

Page 134. At the aforesaid General Cort, Ian. 25, 165-5. It 
is ordered that noe Inhabitant within the bowndes of this towne 
shall sell his howse and land or any part thereof vnto any per- 

* About ninety gallons. 



112 records: town of Southampton. 

son yt is a forrainer, at any time hence forward except the 
person bee such as the town do like of. 

March 1, 1655. Joseph Rainer entereth an action of tress- 
pass vpon tlie case against lonas Wood H. to bee tfyed next 
quarter Cort, ye damage 19£ 19s the defendant answers to ye 
action. 

March 4 1655 lonas Wood H. entereth an action of tress- 
pass vpon the case against Joseph Rainer, the defendant an- 
swers to the action. 

March 4 1655 Tho. Say re Edward lohnes, Alexander ffield, 
Wm. Rogers, lonas Bower jury men doe give in our verdict as 
followeth, first that wee finde for lonas Wood plf against lo- 
sepli Rainer defendant to pay as ye Arbitrators did award with 
Cort charges. 2nd we finde for lonas Wood defendant against 
ye alorsaid Joseph Rainer with Cort charges. 

Joseph Rainer appeales to the general Cort which is to be 
to morrow, being March 5 1655. 

March 5 1655 at the general Cort, The maior voat was not 
to take Joseph Rainer his appeale into their cognisance. 

Page 135. Know all men tiiat J John Cooper Jun of the 
towne of Southampton doe hereby binde myself in the some of 
thirty pounds to appeare by myself or my attorriey at the Gen- 
^ eral Cort at Hartford which is to be the first; thirsday in Octo- 
ber next, then and there to make answer vnto the complaint 
of Jonas Wood H. 

Witness my ha-.id this 27th day of September 1656. 

JOHN COOPER, Jun. 

Know all men that I Joseph Rainer of this towne of South- 

f^^ ampton, doe hereby binde myself in the some of twenty pounds 

to appeare by myself or my attorney at the general Cort att 

Hartford, which is to bee the first day in October next then and 

there to make answer vnto the complaint of Jonas Wood H. 

Witness my hand this 17 day of September 1656. 

JOSEPH RAJNER. 

Jt is ordered by the general Court that Richard Smith for 



RECORDS: TOWN OF SOm HAMPTON. 113 

his vnreverend cariage toword? the magistrates contrary to the 
order was adiudged to bee banished out of the towne and hee 
is to have a weekes liberty to prepare himself to depart, and if 
at any time hee bee found after tliis limited week, within the 
towne or the bounds thereof hee sliall forfeit twenty shillings. 

It is ordered by the general court that Richard Smith for 
las vnreverend caringe to the magistrate was judged to pay 
the sum of 5 pounds to bee levied imediately vpon the goods 
and chattels of the said Richard Smith, this present 6th of 
October 1650. 

December 3d 16-56 And action of tresspass vpon the case 
entered by fohn Cooper lun pluintifT, against Samuel Dayton 
defendant. 

Page 136. December the 2 1656. An action of tresspass 
entered by Mr John Gosmer against lohn Cooper lunior. 

As allsoe an action for ec^uity to be tried vpon the 9th day 
of this present month being the 3 day of the weeke against 
lohn Cooper lunior defendant. The Covrt is adiourued vntil 
the 6th day of [anuary being the 3d day of the weeke com- 
monly called Tewsday, 16f6. 

At a court this 6 lanuary 1656 An action of tresspass vpon 
the case entered by Henry Pierson plaintiff against Richard 
Smith defendant, the jurymen impanelled to try the case above 
mentioned are as fblloweth Richard Barret Christo ffoster 
Thomas Sayre lohn lessup Richard Post p]dward Howell 
Thomas Halsey, the verdict of the jury and they finde for the 
plaintif 2s charge with increase of Court charges and to have 
his writings of Mr Smith forthwith. The Court gives judg- 
ment according to the verdict, 

March the 3 ]656. the Court is a ijourned until the 3d day 
of this present month. 

March 17 1656, Tho Halsey Sen, entereth an action of 
tresspass against Tho. Cooper as a townes man ol Southamp- 
ton in regarde of the said Tho. Cooper his taking ye goods of 
him the said Tiiomas Halsey vpon a rate (not just) as hee con- 
cevieth, and allsoe for a debt of 15s tlie towne oweth him 
whereof he hath received part. 



114 ' KECORDS : TOWN OF SOUTHAMPTON. 

An action of tresspass entered by Tho Halsey against Thom- 
as Cooper, In the first action the jury finde lor the defend- 
ant, in the second action the jury finde for the plaintiff 6d 
damage and Court charges. Concerning the first action the 
plf appeals to Bartford. 

Page 137. lune 19 1657. At a towne meeting when most 
of the inhabitants were together at the meeting house there 
came vp an Indian wliom the sachem had appointed chief 
among our Indians with his squa, and being asked by the En- 
glish how furr Shinecock Indians bounds went when the eng- 
lish bought the land of them hee and his squa answered that 
it went to george cake or wainscot at the least, or thereabouts. 
In the presence of us 

lohn Howell loseph Rain'^r 

Richard How- 11 Samuel Chirk 
Obadiah Rogers Witnesses. 

At a court held for the town of Southampton there were 
chosen five men to lay out the most convenient wayes to the 
land that formerly was Thomas Halseys and Mr Smiths, and 
also to view and proportion the fence acording to the land there 
allotted viz at [word gone] the said five men are Thomas Hal- 
sey Christopher fFoster, Henry Pierson loseph Raynor Tho, 
Sayre, The wayes layed out to be for perptuity, and the 
fence to be pro;.^ortioned acording to the [word gone] of form- 
er lyers owt namely each lot to fence alike. 

The verdict of the maior part of the jury is they find the 
horse in controversy to bee a stray belonging to the towne, 
the jury [word gone] of finding a right owner for it. 

Page 13S. May '2{) 1G57. At a towne meeting it was con- 
clvded that there shall bee cliosen 4 Indians who shall have 
liberty to [word gone] bread or corneor anything that is pro- 
vision at the [word gone] for this present yeare, the names of 
the Indians wlio are at this time chosen for the business are 
first Wapeacom, powcowwantuck, Suretrust, and the Indian 
called lames, and none else shall haue liberty to come vp to 
the towne, vpon any occasion, and if any person of the English 



RECORDS: TOWN OF SOUTHAMPTON. ' 115 

shall trade any thing at tiie town with any except the above 
mentioned they shall pay for every shilling that is proved, ten 
shillings to bee taken by way of executions forthwith,* 

It was concluded and voted by the inhabitants that the old 
way of rateing viz by land should stand. 

September 1657 an action of tresspass vpon the case enter»;d 
by Thomas Topping plaintif against losiah Stanborough de- 
fendant for detaining [word gone] landes [words illegible] 
wayes to go to it at Sagapon-ick, to the prejudice and damage 
of the plaintif. losiah will answer ye plaintif. 

Page 1 39. March 1 7 1 656. At a q uarter Court I )nas Wood 
being called forth & examined the judgment of the Cort is that 
hee shall pay vnto the tovvne 5s for his miscarriage in goeing 
into a house where was but an alone woman & her small chil- 
dren at unseasonable time of niglit vnto the said woman her a 
frightment, as was apparent vnto the said Court. 

lune the 2 1657 an action of debt and an damage entered 
by Vinsent Meggs of Northampton! plaiutif against Plileman 
Dickerson of South old defendant The jurymen impanilled 
to try the case 

Christopher ffoster Henry Pierson 

lohn lessup lohn Ogden 

Joshua Barnes Kichard Howell 

Edward Howell 
Vinsent Meggs not appearing to his actions nor any legally 
for hini is non suited and ordered to pay the charges of the 
Court and the defendant Samuel Clark apearing acording to 
his bond the bond is ordered to be cancelled 

The Court is adiourned until the next quarter Court. 

Page 140. lune 2 1657. At a towne meeting it was voted 

and agreed by the maior that eight cow kmd shall goe for a 

fifty pound lot, and 6 sheepe against a cow and one hcrseor 

mare against a cow, and these only to goe vpon the commons 



• The reason of this exactnient, and of the order made against trusting Indians on pige 94 
(of original), was probably to prevent disputes arising which might be made an excuse for an 
attack upon the town. " •'• "• 

t North Sea. W. S. P. 



110 • records: town of Southampton. 

as mens just stint, this is intended alsoe for goats, viz 6 goats 
against a cow. 

At the same meetincr it was voted and concluded that this 
stint shall bt^gin at this present instant for this present yeare. 
It is generally concluded that every person or persons that 
have cattle aboue their stint shall pay fur every head as afore- 
said Is 6d per head for this present year vnto the town untill 
march next ensueing. 

It is agreed by the major part of ihe tovi-ne that every in- 
habitant of this towne shall give in a just tale of all cattle they 
had in the winter and horse kind that belongs to them to 
Thomas Hallsey Edward Howell and loseph Ray nor who are 
deputed by the towne to see there be an exact account given, 
and if any man shall give in short of his number if any party 
or parties shall finde them the owners of such cattle shall pay 
20s per hpad, half to them that finde them and the other half 
to the towne and this penalty to be levied vpon the goods and 
cattle of such men by way of such executions and this account 
to be given within :3 days after the date hereof, further it is 
voated and concluded that if any man shall neglecte to give in 
this just account of cattle as aforesaid vnto the said three men 
shall pay 20s [3 lines gone.] 

Page 141. Southampton March 9, 5S. At a towne meet- 
ing Mr losiah Stanbrow brought in his grevance about a small 
tract of land containing about 12 acres in liew of 4 acres which 
was taken from him, by the towne, by reason of a controversy 
that did arise between Southampton and East Hampton con- 
. cerning their bounds, and vpon mutual agreement this sayd 
land fell out to fall in East hampton bounds, and so by that 
means the sayd Mr Stanbrvjw come to bee disposesed of the 
sayd land, the town being desirous to make him satisfaction 
tendered him pay isOs more than hee payed for this land, or else 
to give him twelve acres of plaine land a mile nearerhis dwell- 
ing* than the aforsaid land, but the sayd Mr Satmbrow would 

• Probably the settlem»nt at Sagaponack (now Sagg) was begun as early as 1656, and Josiali 
Stanborough was one of those who msved there. His home lot in town was the one now owned 
by Albert J. Post, the part of his homestead next to Mr. \Vm. Hunttmgs. Thomas Pcpe owned 
the three acres next north. " . S. P. 



RECORDS : TOWN OF SOUTHAMPTON. 1 17 

not accept of tho townes proposition but propounded for his 
satisfaction for tiie aboue mentioned land, the aboue mention- 
ed 12 acres and 14 acres of wood land lying neare his house 
with out which hee would not be satisfied. 

The reason why it was laved out 24 acres was because it 
was farr n-mote and bad to fence, and the 12 acres the towns 
tendered him for satisfaction was acording to the quantity of 
other allotments then laid out. 

March 9, 5S. It was concluded by the maioi part at a towne 
meeting that Christopher fFoster, and John Howell shall view ^ 
the fenceing belonging to the plaines that it bee sufficient. 

Page 142. September 1, 1057. an action of the case en- 
tered by losiah Stambrow plaintif against Thomas Topping 
defendant. 

At a quarter Court December 1st 1G57 The jury impanelled 
to try the case betweene Mr Thomas Topping and losiah 
Stambrow defendant, 

Richard Barret loshua Barnes 

lohn lessup Tho Sayre 

Isack Wiilman lohn Ogden 

Obadiah Rosrers John laofirer 

Jonas Bower 
The lury impanelled find for the defendant, judgemejit is 
granted by the magistrate acording to the verdict of the jury. 
"Whereas there iiath been some controversy betweene Mr 
Thomas Topping and losiah Stanboro about a parcel or parcels 
of land at Sagaponack, viz Numb 9 and half numb. 13, bound- 
ed by the creek north ward, being clearly to bee the suyd 
Thomas Toppings by lawful purchase, and by verdict of the 
jury holden at the time aboue specified, and alsoe ileclared by 
an acquittance given by the said losiah Stanboro to the said 
Thomas Topping which standeth vpon record in this booke. 

Per me lohn Howell Sect. 
Page 143. Ian. 5 1657. at a towne meeting it is voted and 
concluded by the maior part of the inhabitants that 7 men were 
chosen viz Christopher ftbster Samuel Clark lohn Scot Henry 



I 18 EF.CDRDS : TOWN OF SOUTnAMPTON. 

Pierson, lohn lessup and lohn Howell and Edward Howell, to 
bee with two of the townes men viz lohn White and [oshua 
Barnes, who beitig met together are impowered and enioined 
to settle and establish the way of makiriij all rates for this 
town and to mui\e a rate at present to defray the townes char- 
ges, and wliatever tlie maior part of the said 9 men conclude 
of shall stand authentick. 

At the same meeting it was voted and concluded by ye ma- 
jor part that the numbers and ages of the cattle shall bee 
brought in, the north end of the Towne to Henry Pierson, tlie 
south end to lohn Howell, and the Northsea to Samuel Clark, 
or John Scot, within ore w«ek after the dsite hereof, viz all 
such cattle tliat are to pay in rates, and whosoeuer shall not 
bring in his iustsum in the time specified they shall pay acord 
ing to the determinations of the aboue sayd nine men that 
are to make the rate. 

Alsoe it was voted that w'.iosoeuer shall bring in sliort of his 
number shall forfeit twenty shillings. 

March G 1657 At a tovi-ne meeting it was voted and con- 
cluded by the maior, that there should be G men chosen, name- 
ly Mr Ogden loshua Barnes Tho Sayre Samuell Clark Chris- 
topher ffoster and lohn Howell which were deputed and im- 
powered to act and conclude concernmg ^ dillerence that doth 
arise concerning a claime of land which East Hampton men 
make within our bounds. 

Page 144. At the same meeting it was concluded that Jo- 
seph Pierson and Richard Howell are to receave the hundred 
pounds for the townes vse of the Indians. 

IMarch 6 1657 At a towne meeting it was voted and con- 
cluded that two men siiall bee chosen for the towne viz Thom- 
as Sayre and Isaack Willman, which weare at the same time 
appointed to see that all coults that are to bee marked shall 
suck the m-ire* before they bee marked : and in case that botli 
these men bee absent then the magistrate or secretary shall 
chuse 2 men to supply thair place for that purpose, but if there 

* To prevent all mistakes as to ownership, W, S. P. 



records: town op Southampton, 119 

be but one of them [word illegible] liee that \s then present 
shall have liberty to choose another to him, also it is ordered that 
Samuel Clark and Samuel Barker for the iiorlh sea shall see as 
aforesaid if any bee brought thither, but the sayd parties shall 
send vp the markes and give them in to be recorded by the sec- 
retary and the parties so taking notis of such coults marked 
shall haue 8d per head and the Secretary 4d for recording. 

At the same meeting it was voted and concluded by the ma- 
ior part that Mrs Howell shall have 20s allowed hir for the 
present suply in consideration of hir loss vntil that they can 
see how things will arise, and further as acording the towne 
sees cause and Edward Howell with the assistance of one of 
the towns men to tell it out.* 

At the same meeting it was voted and concluded by all the 
inhabitants that were there present that major Mason shall 
have 10c£ given him as a gratuity. t 

An action of the case entered by lohn Scot plaintif against 
Ellis Cook defendant March 11, 57 

Page 14-5. March the G, 16-57 At a towne meeting there q 
was voted and chosen 2 mer: that should goe ouer to the gen- 
eral Court at Hartford. 

Sept 22 I65S The court of Magistrates doe sentence Mr 
Stanboro to pay vnto the court for his wifes abusing the ofic- 
er and the two men that did assist him 0£, 15, Od. 

Page 146. May 5 1658 At a town meeting it was voted 
and concluded by the maior part that all the money that is 
now in the constables hands shall be sent over by Mr Ogden 
to discharge the townes debts, and also to act there in the 
towns be half in any thing hee conceaves may redownd to the 
good of the towne. 

At the same meeting it was granted that Richard Howell 
should haue one acre of land in the ten acres, ye '3d lot in lieu 
af the meadow that belongs to Bartho. Smith. 

* Mrs. Howell was one of those whose houses were burned by the Indians in 1657. See 
Howell's History of Southampton, page 165. W. S. P. 

t Major Mason was in command of the soldiers sent from Connecticut to protect the town 
at that time. W. S. P. 



120 records: town of southamptox. 

further at the same time it was granted to Tliomas Cooper 
that hee siiould have 3 acres 3 roodes at the reare of his home 
lot only leaving a highway betwixt. 

further it was granted that lohn lagger and lonas Bower 
shall have the gore piece of marsh lieing at the side of John 
laggers lot by the beach. 

lune '22 1G5S At a court it was determined with the con- 
sent of avis the wife of Mark Meggs that the estate that is at- 
tached shall be sold at an outcry and comitted into the custo- 
dy of Mr Ogden and Samel Clarke to answer tliose that have 
attached it, which is all except only his household stufl' which 
is alowed her by the Court. 
The bay mare sould for 
Mr Ogden the 4 shotes (!) 
Mr Ogden two yearling bulls and a calf 
lohn Scot the half of a 3 year old > 

and half of a two year old ) 

Mr Ogden two ewes and 2 lambs ^ 

and half of a calf ^ ^' -^^' ^• 

lohn Scot the house and lott 4 i, 10, 0. 



7£, 


Is, 


ud. 


2, 


4, 


0. 


5, 


10, 


0. 



6, 0, 0. 



70, ], 0. 

Page 147. May the 5 165S. At a town meeting it was 
voated and conculded that lohn Cooper shall keape ordinary 
for this present yeare for victual and liquor and shall have lib- 
erty to draw liquors provided hee sell vpon the same order 
that the ordinary of the northsea is bound, his victuals and 
lodging is only for strangers except it bee for towne dwellers 
vpon court days and training days. 

May the last 165S the quarter court which was to be the first 
Tewsday in June is adjourned till the eighth day of lune next. 

lune 22 165S A record of the debts of Mark Meggs which 
amounts to the some of 77£, OSs, lid. 

The verdict of the cortisthat they find for the plaintiff (they 
find costs and charges) the ht ifer and 3s, and concerning the 
hoggs they are proved to bee felloniously taken, but not yet 



RECORDS: TOTfN OF 80UTHAMPT0K. 121 

clearly proved whose they were also with increase o( court 
charges. 2£, Os, Od. 

Sept 22 1G5S Be it knowne vnto all men by these presents 
that whereas there hath been diffejence betwixt Mr Stanboro 
and lohn Scot and his partners viz, Joseph Rayner and Rich- 
ard Howell, now they have mutually concluded jointly and 
severally to put all differences from the beginning of the world 
to this day, for any cause or reason what soever to the determ- 
ination and full conclusion of two men namely Thomas Thom- 
son, and lohn lessup, and do hereby ingage themselves into 
the hands of the mi^istrates to stand to award. 

Per me JOHN HOWELL Sect. 

PaCxE us. Septem, 7, 58 The cort is adjourned until the 
8d Tewsday of this instant month, the quarter court, 

Sept 19 I 5S An action of tresspass vpon the case entered 
by lohn Scot plaintif against Mr losiah Stanboro defendant. 

An action of slander entered by lohn Scott plaintif against 
Thomas Diament defendant. 

An action of tresspass vpon the case for Slanderous words 
entered by Steeven hand against lohn Woolly defendant. 

A jury impanilled to try the above mentioned actions, Chris- 
topher ffoster Thomas Halsey lun. lohn lessup loshua Barnes 
lohn lagger Thomas Sayre Joseph Raynor lohn Topping Rich- 
ard Howell. 

The jury finde for the plaintif Steeven Hand 3^ with in- 
crease ot court charges. leremia Vale becomes engaged ac- 
ording to the verdict of the jury to Satisfie. 

At a court holdenlune 22, 5S It was then ordered that the 
estate of mark Meggs that was then sold at an outcry should 
bee committed into the hands of Mr lohn Ogden and Samuel 
Clark for the payment of meggs debt, but nothing hath been 
done acording lo that order vntil this day, therefore the court 
now sees cause tliat execution should bee done vpon the estate 
according to the former order^ (viz those that bought it at an 
outcry and have not payd it,) The court being occasioned by 



\^ 



322 RECt EDS : TOWN OF SOUTHAMPTON. 

lohn Scot not paying acording to former order made by the 
court, it is determined by the court that hee shall pay into 
the handes of the Marshall •2£ for contempt of the court order, 
and this court charge. 

Page 149. Sept 21, 165S At the quarter court it is con- 
cluded that two men should be chosen, one from this towne, 
and another from East-Hampton, the party from East Hamp- 
ton to bee chosen by Mr Stanboro to goe to Sagaponach to 
prize of the goods^and cuttel of Mr Stanboro, to the value of an 
hundred and thirty pounds, for and in the behalf of the children 
of the late deceased Thomas Wheeler and the said hundred 
and thirty pound to bee standing security for the childrens 
portions and this to be performed this day month, 

Page 150. [This page blank in original book ] 

Page 151. Septal, 165S An action of the case entered by 
lohn Cooper lun plaintif against Samuel Dayton defendant. 

An action of tresspass vpon the case entered by Richard 
Post against Thomas Pope defendant. 

The jury find for lohn Cooper plaintif the horse and court 
charges with all damages, the court granted judgement acord- 
ing to this verdict, 

The defendant viz Samuel Dayton appeales to the court at 
Hartford. 

Sept 22 1G5S Bee it known unto all men by these pres- 
ents yt I Samuel Dayton of the north sea, and Thomas Barker 
of East Hampton and Robert Dayton of tlie same, doe by these 
presents engage ourselues mutually in the sum of thirty 
pounds for to prosecute the appeale with efect the next quar- 
ter Court at Hartford. 

Per me JOHN HOWELL Sec. 

Bee it known unto all men by these presents that I lohn 
Cooper lun. of Southampton do by these presents bind myself 
with my father lohn Cooper Sen in the some of thirty pounds 



RECORDS: TOWN OF SOUTIUMPTON. 1^3 

to answer Samuel Dayton acording to his recognisance in his 
appeale to the quarter court at Hartford, 



^ 






Autograph of John Cooper, Sen., 1640. 

Per me JOHN HOWELL Sec. 

June 8, 59 an aeorapt taken of the goods that were taken 
from the dutchman 12<£, lOs, and an ancre of liquors. 

The men viz loseph Raynor and Samuel Dayton and lohn 
Woodruff doe acknowledge that they proseeded to take the 
veseli without any comition or power from any, only from in- 
formation as they say the dutchman sould prohibeted goods, 

lune 8, 59 bee it knowne vnto all men that wee loseph 
Rayner Samuel Dayton and John Wendall, doe acknowledge 
ourselues to bee indebted to the authority of this towne the sum 
ofthirty pounds sterling, vnder this condition that wee doe 
personally apeare at the next court to beholden for Southamp- 
ton which is adjourned until the 24 day of this present month, 
then and there to answer to such matters, as shall be brought 
in against us, loseph Raynor and Samuel Dayton and John 
Wendal subscribed to these recognisances. 

Page 152. Sept 22, 1G58. At a quarter court the will of 
the late.deceased Ralph Dayton was brought into the Court 
and aproued of by the magistrates, and the iO.£ that Robert 
Dayton owed to his fatht-r hee hath put it into the estate. 

It is ordered by this court that Mary Cleare shall live noe 
longer wandering to and fro from house to house, but that she 
shall live againe in a place except she change her condition by 
marriage 

At a court lune ye 21, 1655 The Court having considered 
and weighed the miscariage of the men who were bound over 
to this court, viz, loseph Raynor Samuel Dayton and their 
associates viz, Thomas Diament, John Wendal Edmond Shaw 
they finde them deeply guilty in the maner of acting \n or about 
taking the vessell, in seueral particulars, first lor contem of 



124 records: town or Southampton. 

authority, manifest breach of the peace in many mutinous ex- 
pressions, whereby some were afrighted, and many grieved, at 
such vile expressions, and actions, for which miscariages and 
others the court doth sentence them to pay 20s apeace, viz Ed- 
mond Shaw Joseph Rayner and Thomas Diament, the other two 
Tiz Samuel Dayton and lohn Wendal 50s apiece for their pre- 
sumption preceedings 2 times after they had covenanted and en- 
gaged to the contrary, making further molestation and disturb- 
ance in the place, further the courte sees just cause to fine 
Samuel Dayton -50s for aspersing the towne with an unjust 
accusation in saying, what should we yield for to have a triall 
in this towne that never did good. 

Page 153. December 9, 58 At a towne meeting Thomas 
Sayre was chosen to bee overseer for mending the bridge. 

At the same meeting it was granted to lohn Topping that 
hee siiall have six acres adjoining to the east end of his fathers 
field. 

At the same meating it was granted vnto John Scott that 
hee should have 3 acres for a house lot and 5 acres changed 
that lies at the reare of Mr Raynors lott to bee added to this 3 
acres which lies next lohn laggers adjoining to it. AUso hee 
engages to build and live vpon that land 3 years or else it re- 
turnes to the towne againe. 

Ian 1 0, 58 It is ordered by this towne that whosoever 
shall speeke disorderly in the time of the meeting, or if any 
shall interupt another whilst hee is specking for every such de- 
fault shall pay 6d. 

May 24, 1659 An action of debt entered by Thomas fibster 
plaintif against Richard Howell defendant. 

An action of tresspass vpon the case entered by Edward 
Howell plaintif against Thomas Diamont defendant. 

The jury impanelled to try the above sayd actions Richard 
Barret Richard Post Joseph Rayner Obadiah Rogers lonas 
Bower lohn lagger. 

Page 154. December 15, 58 at a court Tho Diament was 
censured for these miscariages following first for saying the 



records: town of SOUTHAMPTON. 125 

magistrate viz Mr Gosmer had gone beyond his power, 2 for 
saying the constable had done that hee could not doe, and did 
that hee could not justify, 3 that he would have resited those 
that were commanded by the cunstable to lay hold on his wife 
to the spei.ding of his blood, 5 for calling Joseph Rayner and 
loiin Scott dogg and hound. 

The sentence of the court concludeth that Thomas Diament 
shall make a publick acknowledgement ofhis evill in the prem- 
ises and he be bound to his good beiiaviour until the next 
quarter court and so forwards until there be a reformation. 

I Thomas Diament of Southampton do acknowledga my self 
to be indebted unto the authority of this town in the some of 
lOd sterling under this conditon, that 1 Tho Diament and ma- 
ry my wife shall and wUl appear at the next quarter court then 
and there to answer unto all such matters that may be object- 
ed against them, and in the mean time to bee of good behav- 
iour towards all lawful people. 

At a court March 1, 1658 I Thomas Diament of Southamp- 
ton doe acknowledge myself to bee indebted unto the author- 
ity of this toA-ne in the sure of 10=£ sterling to bee leavied of 
my goods and chattJes lands and tenants under this condition, 
that I Thomas Diament and mary my wife shall and will ap- 
pear at the next court then and there to answer unto all such 
matters that shall be objected against us, and in the mean 
time to bee of good behaviour towards all lawfull people. 

At the same court Edmond Shaw was censured by the mag- 
istrates [words gone] for iiis miscarriage in drinking. 

Page 155. At a quarter cort Marcli 1, 1()5S It is ordered 
by the court that the estate of Mark Meggs shall bee forthwith 
delivered into handes of Mr Ogden and Samuel Clark, and 
they are to make payment of all such debts that can be proued 
due from Mark Meggs, and they are to make proclamation 
that all claiming any debts shall make their debts apeare at or 
be fore the 20th day of this present instant March. 

At a quarter court September 6 1059, An action of tress- 
pass vpon the case entered by Richard Post plaintif against 
Thomas Sayre defendant. 



126 RECORDS : TOWN OF SOUTHAMPTON. 

An action of tresspass vpon the case entered by ITenry Pier- 
son plnintif against Thomas Pope defendant. The jury im- 
panielled to try the above said actions Richard Barrit lohn 
lessup Edward Howell loshiia Barnes, ]\Ir Hampton, lona"* 
Bower, the jury find for the plaintif viz Henry Pierson the 
bond and increase of cort charges. 

The jury find for the pliintif viz Richard Post, the medow 
which was Mr Gosmer's and all just damage with increase of 
cort charges. 

The cort granteth judgement acording to the verdict for the 
plaintif, Henry Pierson. 

Page 15(i. December 9, 5S 

1 The first thing that I shall proi)Ose to you whether wee 
shall have liberty to bring the whales that we strike ashore on 
your land, and make tliem out into oyle without molestation. 

2 whether you will grant the dead whales that shall come 
ashore within your limits that have our marks by lance or 
harping iron upon them wee not meddling vv^ith such as come 
ashore without these marks. 

3 that you shall suffer no others besides your town and our 
company to [word gonej up the design within your limits for 
seaven years, and that wee may have these proposition grant- 
ed us for seven years. 

4 That we may have the use of any harbor within your 
limits, and liberty to cutt wood to try out such fish or fishes 
that shall be by us taken. 

These propositions being granted and concluded, and con- 
firmed by your hands, wee intend to sett upon the designe the 
next spring. 

These proportions are granted by the towns with these lim- 
itation? following, 

Imprimus that after the three years be expired that the com- 
pany are engaged to the merchants that then they shall not 
any further agree with the merchants nor any others without 
the townes consent concerning this designe. 

2 that the dead whales that shall come ashore or that they 



RECORDS: TOWN OF SOUTHAMPTON. 127 

shall find at sea, that have not their marks shall be none of 
theirs.* 

Page 157. At a quarter court there was allowed unto 3 men 
viz Joseph Rainer lohn Scot and Richard Howell for 3 days 
works each of them Is, 6d per day, 

March 11,59 WhereasIIohn Cooper of Southampton on long 
Island hath defamed and slandered lonas Wood H. of Hunting- 
ton in charging of him of forgeing of writings and bringing in 
false testimonies or witnesses, these are to certifye my sorrow 
for the same and also that I have wronged him in so saying 
and doe ingage myself by this my acknowledgement to bee de- 
livered at Hattford or Southampton betweene this and the last 
of lune next following the date hereof, and hereunto I bindmy- 
self in the some of two hundred pounds to be payed unto lonas 
Wood in case of failing hereof witness my hand. 

lOHN COOPER. 

Page 158. October the 6, 1657 At a court of Election, 
nominated for magistrates, Imprimus Mr John Gosmer, 2 Mr 
lohn Ogden 3 Mr Ray nor, 

At tlie court of Election it was voted and concluded by the 
maior part that Richard Post and lohn Howell should stand 
officers accoiding as they were chosen by the souldiers. 

At the same time it was voted and concluded by tlie maior 
pait of the freemen that Mr Gosmer and lohn lessupand losh- 
ua Barnes, to consider the complaint of Thomas Halsey and 
to at tiieir best indeavor to ri^ht him. 

At the same court Thomas Halsey and lohn White loshua 
Barnes, were chosen townes men to order the afaires of the 
towne for this ensueing year, and to have the same power the 
three men had the present yeare. 

Page 159. lune 2, 1657 At a towne meeting it was voted 
and concluded by the maior part that all unlawful cattle or hor- 
ses (that shall be adjudged so) by Edward Howell and lolm 

* As there are no names of the contracting parties given in these propositions, it is unknown 
what company is aUuded to. but as Mr. John Ogden is mentioned in 1661 as being the head of a 
whaling eompany with similar privilege^ he was propably its leader. W. S. P. 



]28 RECC/RDS : TOWN OF SOUTHAMPTON. 

Ogden shall be turned out of the ox pasture, and also the above 
said men shall have power to ludge of the fence of the ox pas- 
ture v^-hether it bee sufficient, and v^-hosoever is found defective 
in their fence shall make the same sufficient by this day senit* 
they having notis by the third day next at night, upon forfeit- 
ure of -5s a pole for every neglect, and if also any such cattle 
shail be found in the oxpasture after they , have been turned 
out by the said two men they shall forfeit 2s a beast to bee 
levied by way of execution. 

ffeb *<I6, 1G57 An action of tresspass upon the case entered 
by Henry Pierson plaintif, against Richard Howell defendant. 
An action upon the case entered by lohn JScot plaintif 
against Ellis Cook defendant. 

lury imjianelled to try above written actions, Christopher 
ffi)ster Thomas Sayre loiin lessup, Ijnas Bower loshua Barnes 
lohn lagger. 

The jury findeth for the plaintif, the defendants part of the 
mare makeing such pay as [word gone] should have had, we 
find for the defendant to pay Court charges and Ss damage 
judgement is granted acording to the verdict of the jury. 

Page 160. Octob 6 Ki-')? At a court of election it was vo- 
ted and concluded by the maior that Mr lohn Ogden Mr Gos- 
mer Henry Pierson Isaac Willman, should take it into consid- 
eration and conclude concerning the inventory of the estate of 
the late deceased Thomas Hildreth, to set down and apoint 
what ^hall be to the woman, and iiow much to the chddren. 

Ian. 5 1657, at a towne meeting it was voated and conclu- 
ded by the maior part of the inhabitants that lohn lessup and 
' Thomas Halsey are appointed to view the fenceing about the 
great and little plaine, and what they shall finde to bee suffi- 
cient shall bee accounted sufficient and what defective shall 
bee accounted so, these men are chosen for this present yeare 
and to goe at the apointment of the three men. 

At tlie same time it was also voated and concluded that ev- 
ery inhabitant of this towne that hath fenceing in or about 

* Seven night. W. b. P. 



I 



RECORDS : TOWN OF SOUTHAMPTON. ] 29 

the great and little plaines and oxpasture, shall at both ends of 
his fence put his railes in his ovvne pests, and this to be done 
this present month, within sayd month. 

At the same meeting it was voted and concluded by the ma- 
ior that hee that keeps an ordinary at Southampton or north- 
amj)ton shall sell his drink viz liquors at 3s a quart which is 
not drunk in his house and that no other p irty or parties shall 
sell any drink or liquor either directly or indirectly tj any in 
the bounds of Southampton but only to the ordinary man or 
men, upon the penalty of 10? a quart, one half to him that 
discouers it, and the other half to the towne. 

Page IGl. Tliese Presents doe witness that Robert Mervin 
doth acknowledge to have received in full payment for his house 
and land with the privileges thereof in Southampton, of Sam- 
uel Dayton in whose possession the S'aid house and land is in at 
present. And that tliere is a full and linal end of all debts, dues 
and demands whatsoever for anv cavse what soeuer, from first 
to this present date, that hath or might have been from either 
of the said parties to the other, and they doe hereby free each 
ether from all dues or demands whatsoever that may bee nmde 
by any in the na.ne of either the said parties unto the other. 

Witnes their hands the seconde of lune 1654. 

In presence of ROBERT MARVEN 

Ralf Dayton SAMUEL DAYTON 

Henry Pierson Sec. 

March 9, 5S At a towne meeting tiie complaints of the mil 
ler were weigii(/>d ut,d considered, and it was concluded by the 
maior that hee the said William Ludlam had no right to any 
privileges but oidy to pay as a fifty in consideration to his forty 
acres of land, and 4 acres of meadow, and his mill 

At the same meeting it was ordered that the fence between 
the Indians and us shall be sufficiently sett up against hoggs 
and all other cattle, by the 15th day of Aprill next ensueing 
vpon penalty of ]2d a pole for every day that it shall bee found 
defective, the ouerseers of this fence are the three men. 

At the same meetino; it was concluded that all fences about 



ISO records: town of Southampton, 

the plf.i;;es shall bee made sufficient by the 17 day of this 
present month vpon penalty of 12d per pole, and if hoggs doe 
any damage they that are the owners of such hoggs shall pay 
the damage. 

Page 162. March 7 1G51. Mr Richard Mills of this towne 
hath sold and delivered unto lohn Coo[)er lun of the same the 
home lot, with all and every other allotmenc and proportions of 
lotts vpland and medow ground belonging uto the said Mr Rich- 
ard Mills. The said allotment in all being of the denomination 
of an hundred pound lott, all the said parts of the said lottment 
lying and beeing in the same form, acording as they fell by lott 
to him the said Mr Mills, without alteration or alienation, except 
his proportions of late laid out on the little plaine, insted of 
which land hee doth assure ui?to the said lohn Cooper No 10 
in the second division and the auiend allowed to lonas Wood 
lying betweene Mr Fordham on the South side, Tho Sayre on 
the north. Witnes my hand 

Witnes Henry Pierson Sec. RICHARD MILLS. 

May 15, 16-r2 William Barnes of this townu, hath sould 
vnto Mr lames Hampton of Salem the saide Wm his house and 
lott* with all the apurtenances, there to belonging, or may 
therefo of right belong, from town &c, for which hee hath in 
hand now received 5s as earnest of this said present bargain, 
and as in part of pnyment for the said purcliaije, and hee is to 
haue thirteen pounds fifteen shillings more paid vnto him or 
his assigns by the said Mr Hampton or his assigns in lawful 
money, or English comodities at a reasonable rate, at about the 
latter end of October next when he the said Mr Hampton 
comes to take possession of the said purchase. Allsoe in con- 
sideration of the said some to hmi paid as aforesaid hee the 
said Mr Hampton is to have 2 acres of wheat on the ground as 
his proper goods, which wheat is on soe much of ye ground 
belonging to the said lott, and the said wheat Mr Hampton is 

* This is the three acre lot belonging to Albert Post, and south of the homestiiad of William 
S. Pelletreau. W. S. P. 



RECORDS: TOWN OF SOUTHAMPTON. 131 

to own at harvest without molestation, by the Said William or 
any from or by him. 

In witnes the said parties have hereto s^t their hands 

lAMES HAMPTON, WILLIAM '- r*^ BARNES. 

Page 163. 3d of may 1051 Richard Post and Thomas Pope 
exchanged and agreed vpon their deviding theii lotts by the 
little plaine, in manner following, Thomas Pope is to haue the 
first lialf acre in the first dividence numb 40, which is for his 
50 share, all proper his owne 5 Richard Post hath for his hun- 
dred pound numb. 32 in the second dividence, numb. 14, in 
the third dividence all proper his owne. 

Thomas Ilddreth & George Wood exchanged and agreed 
dividing vpon theird lotts in the little plain in manner follow- 
ing, George Wood hath the halfe acre in the first dividence 
numb. 3, which is for his 50^ share all proper his owne. 

Thomas Hildreth hath ye second dividence numb 13, and 
the 3d dividence Numb 33 all proper iiis owne. 

An exchange of land betweene Mr losiah Stanborough, and 
Thomas Halsey February the 25th 1657, as folio weth, t'le said 
Mr Stanborough is to have two acres of land belonging unto 
the said Tho. Halsey lying on that pt. of the plaine comonly 
called Halseys neck and the said two acres to be of the south 
side of his land and next to Richard Barrett his land there, 
And in exchange as aforesaid, the said Tho. Halsey is to have 
all arid c^veiy the three divisions of land lying and beeing in 
the little plaine (of late laid out) which belongeth vnto tlie said 
Mr Stanborough, and this the firme agreement of the said par- 
ties the day above said, they having the said day given full 
possession each to other of the said proportions of land. 
In presence of THOMAS HALSEY 

Hen Pierson lOSIAH STANBOROUGH. 

October 6, 1G59 Edward Howell exchangetli and impart- 
eth to lohn Woodruff 4 acres of land & | lying in ye plaine, 
by ye side of ye pond at ye west of the home lots, and lohn 
Woodruff imparteth & exchangeth vnto him ye said Edward 



iri2 



RECORDS : TOWN OF SOUTHAMPTON. 





Howell 2 acres ^ of land on ye Captains neck lying next to his 
owne land, and allsoe iiis meadow by ye long tongue in Shii;- 
ecock neck. 

Page 1(34 November 15, IG52 Mr losiah Stanborough ex- 
changeth with Thomas Pope, and passeth over vnto him the 
home lott of two acres (less or more) which hee the said Thom- 
as Pope now dwells on* in consideration of the 3 acres given ^ 
and granted by this towne October the Gthe last past vnto the 
said Thomas Pope, which 3 acres lying next vnto the said Mr 
Stanboroughs his home lot, the said Thomas doth exchange 
with and passeth over in lyke manner affore said vnto the said 
Mr Stanborougii. Witness 

A i- 



(Autograph of Henry Pierson.) 

Receiued of Thomas Toppitig fifty and five shillings this 

tenth of lime 1657 and is the full and just :>um that was owed 

to me by his father, for any cause or reason whatsoever to the 

day of the date hereof 

per me lOSIAR STANBOROUGH 

A true copy by mee lohn Howell. 

feb 12 1657. John Ouldfield acknowledge! h that hee hath 
exchanged a o£ alotment at Sagaponack with Mr Stanborogh 
for two halfe acres in the little plaine. 

Ian, 10 1658 at a towne meeting it was granted by the 
towne that Mr Raynor and lohn lessup shall Uava 6 acres 
granted them yf it bee to be had in the ten acre lotts,t instead 
of the meadow which was digged vp for th? west sepoose. 

At the same meeting it was granted to Daniel Say re that 
hee should have 3 acres for a home lot beyond I^jhn Bishops, 
and the five acres of his fathers exchanged to lay to it4 

* "Thomas Pope's home lot" lies between the house of Albert J. Post and the house late 
owned by John Rogers deceased. W. b. P. 

t Daniel Sayre's home lot is the one now owned by Mrs. Fithian, north of Caleb Halsey's 
homestead. W. S. P. 

t The '• ten acre of lotts " or the" ten acre furlong," as it was sometimes called, is the net of 
land lying north of Captain's necK lane, and west of the homestead of August Reeve. W. b. P. 



RECORDS : TOWN OF SOUTHAMPTON. 133 

At the same meeting it was granted to Goodman Barret, he 
should have his 2 acres come down to the pond side, lykewise 
loseph Raynors that lies in the same furlong to come to the 
pond side. 

Page 165, At the same meeting it was granted to William 
Ludlam yt hee should have 13 acres of his fathers 40 that lies 
on the other side of the mill, to ly on this side of tiie mill, pro- 
viding vpon viewing it proue unprejudicial vnto the towne, 

fturther it was granted to lohn Ogden that hee should have 
that parr of the swamp that lies against his lot in Coopers lott. 

October 6 1G59. At a court it was granted to William 
Ludlam to have 4 acres lieing on that side the mill to set his 
house vpon, and this land to be layed out at the discretion of 
two men apointed by the towne. 

March the 2 1 10^8. Thomas Diament acknowledgeth that 
hee hath bought of Isaack Willman 30 acres of ground in the 
Captain's neck, which was formerly Mr Richard Smiths in ye 
ten acre lotts and there is belonging to the sayd ground, five 
poles of fenceing at the corner next Tho. Coopers. 

October 6, 1659 Richard Barrett lohn Howell & Tho. J\ 
Halsey chosen townsmen. 

Pagk 166. Alienations and exchanges of Land. 

Lnn. 6 1653 Thomas Burnet purchaseth and posesseth of 
and from Mr lohn Gosmer his 5 acres of land lying in the ten 
acre lott furlong, within the ox pasture fence, as appears by an 
Indenture recorded in this booke. 

Febuary 10, 1653 Thomas Burnet vpon exchange im.part- 
eth unto George Wood his portions already laid out at scuttle 
hole, being about 4 acres, for 5 acres in the plaine belonging 
to the said George which hee bought of Samuel Dayton. 

lohn Lum posseth in the light ot Thomas Burnet, 1 acre of 
land in the little plain. 

Christopher fibster imparteth his lot No. 20 at Sagaponack 
unto Mr Gosmer for his lot in the same devision no. 37 lying 
in Davis his neck. 

Mr losiah Stanborogh hath in the right of Wm Rogers 



134 RECORDS: TOWN OF SOUTHAMPTON. 

(which liee had in the riglit of Tho. Vale) his lOOlb lottment 
at Sagaponack beeing in No 15. Mr Stanborogh in the right 
of Mr flfields 100 )b lotment of Sagaponaclv in No. 8. 

Mr Stanborogh in the right of Mr Rainer and loseph Rain- 
er No 21 and 22 at Sagaponack. 

Mr Rainer hath in exchange of Mr Stanborough 3 acres ly- 
ing west on his ten acre lott, and two acres of his lot called 
his 8 acre lot and lying South of Ellis Cookes his 2 acres on 
ffarington neck furlong. 

Mr fields hath in the right of Mr Stanbourough 2 acres on 
the east side of his 10 acre lott. 

Tho. Halsey imparteth his allotment at Sagaponack No 23 
vnto Mr Smith for his 4 acres at the head of the creek at the 
end of the great plaiti. 

Page 167. March 17 1G53. Mr Stanborough hath in the 
right of Obadiah Rogers No. 14 at Sagaponack in exchange 
for 2 acres in the plaine lying Southward of the 2 acres which 
Mr Stanborough exchanged to Mr Ray nor on ffaringtons neck 
furlong,* Mr Stanborough to haue the crop that shall be there- 
of this ensueing year. 

March 23 1653 Mr losiah Stanborugh hath by purchase of 
Thomas Burnet his right beei'ig 100 lb allotment in No. 3 at 
Sagaponack and allso his right beeing 100 lb allotment in No. 
18 at Sagaponack, which hee bought of lohn Lum. 

Mr Stanboiogh hath in the right of Richard Post 100 lb al- 
lotment in No 13 at Sagaponack, in exchange for an acre of 
marsh with what belongeth there vnto, which the said Mr 
Stanborough had in shinnecock neck, of Trestrum Hedges. 

April 26 1654 Mr Stanborogh hath in the right of Ellis 
Cooke 100 lb allotment in No. 24 at Sagaponack in exchange 
for 1 acre of meadow lying above the salt marsh in Halseys 
?)eck next the west creeke and one acre ^ of land lying west- 
ward of lohn Coopers sen. his land in the 10 acre lott lur- 
long. 

October 3, 1654 entered an exchange formerly made in Mr 

* Farringlon's neck was probably the tract now known as VVickapogue. W. S. P. 



RECOKDS : TOWN OF SOUTHAMPTON. 135 

losiali Stanborgl) hath of lohn lagger one filty pound lotment 
of No 24 at Sagaponack. 

Mr Stanborogh hath of Mr Fordham No 16 at Sagaponack 
for No 26 in the same division. 

]\Ir Stanborogo hath of Bartholemew Smith a fifty pound 
lotment in No 15 at Sagaponack for 10 acres in Halseys neck 
lying on th(» nortli side of Richard Barret liis acre. 

March 26 1655. Mr Stanborogh iinparteth to lohn Cooper 
Sen his 2 acres of land sometimes in the use of Trestram Pled- 
ges and lying southward of an acre belonging to Hen. Pierson, 
next to Joseph Rainer, in Halseys neck on ye great plaine, and 
the said lohn Cooper imparteth to the said Mr Stanborogh his 
150 lb lottment No 9 at Sagaponack, which is in exchange for 
said 2 acres. 

Oct. 1 1(>55 Christopher ffoster hath bought of Obadiah 
Rogers 2 acres of his in the little plaine. 

April ]5, 1656. Richard Barret hath put of his allotment 
in Sagaponack devision to Tho Halsey lun. 

Mr Ogden acknowJedgeth yt Mr Odell his lotment in Saga- 
j.onack devision belongeth to him. 

May 1656. Mi Edward lohnes acknowledgeth to have 
bought of Mr Stanborogh his housing and fenceingvpon 3 ac- 
res of his town home lot with the said 3 acres of land, J\Ir Stan- 
borogh allso acknowledgeth ye said bargain. 

December 12 1656 lohn Howell hath bought of Medlin 
Dayton ye wife of Samuel Dayton with his consent 4 acres of 
ground in the great plaines being next to tlie 4 acres comonly 
called by the name of Haracres lot and the meadow belonging 
to it. 

Feb 28 1656. Isack Willman hath bought of Mr Smith 3 
acres vpon the ten acre lotts, and 3 acres joining to Mr Rain- 
ers back lot, and one acre lying on tiie west side of lohn 
Whites about the middle of the little plain, (2 words illegible,) 
a 50 pound lot formerly. 

lune 5 1657. lolui Howell sould to his father Mr Edward 
Howell* one acre and a roode lying in (word gone.) 

* According to the notice on page 130 of original) Mr. Edward Howell must have died be- 
fore Oct. 6th, 1655, the date given above must refer to date of entering on record. \V. S. P. 



] 30 RECORDS : TOWN OF SOUTHAMPTON. 

Octob. 20 1657. Mr Rainer hath bought oflonas Bower an 
acre next vnto lohn laggers for 10s, allso two acres that hee 
exchanged with Richard Howell for two acres that was Mr 
Stanboroghs in the ten acre lotts. 

Page J 69. lune 5 1657. lohn Ogden hath bought of Sam- 
uel Dayton his house and home lot and five acres in the ten 
acre lotts, and 4 in coopers neck, and two acres more in an- 
other place also he bought the meddow belonging to it. 

June 20 1657 Samuel Dayton doth acUnowle<lge yt hee 
hath boglit of Mr Edward loanes, 3 acres that was formerly 
Mr Stamboronghs with a house upon it, 

lune 20 1657 At a town meeting it was voated and con- 
cluded by the maior part, to accept of and receave all the 
lawes of the Jurisdiction of Connecticut, not crossing nor con- 
tradicting the limitations of our combinations bearing date 
may — 30 1645, 

Allso it was at the same time voated and concluded, that 
. the way of stateing and voteing by land siiall be altered, and 
all men rated by estates and land according to the law of the 
lurisdiction o( Connecticut, 

Sept, 17, 1657 Mr John Gosraer liath bought an hundred 
pound lot of loiin Topping with the housing and fences and 
all his acomodations with all the privileges there unto belong- 
ing in Southamton,* 

Octob'r the 20 1657, Mr Raynr hath boght a house lot of 
lonas Bower, and at the same time anothe home lot of lolm 
Jagger lying at the soutli side of the home lot that was former- 
ly given to lohn Lum, 

Also he hath in lieu of eight acres thrown up in the ten ac- 
res in the great plain, eight acres of ground at the reare of the 
two lots of Jonas Bouer and lohn lagger, also an acre in way 
of exchange of lohn lagger lieing on the north side of the 
above sayd eyht acres, for an acre of land in the great playne 
that was Mr Stambroughs, 

• Mr. John Gosmer's home lot is probably the old Pelletreau place John Topping probably 
lived on the lot now occupied by Mr, Frederick Howell, and the heirs of Daniel Fordham. W.S.P 



RECORDS: TOWN OF SOITTHAMPTON. 137 

Page 170 This Indenture made the 6th day of lanuary in 
the yeare of the nativity of Christ according to the English 
acompt 1653, Bet A'een John Gosiiier of Southampton vpon the 
Long Island in AmeiicaGent, of the one part, and Thomas 
Burnet of Southampton afibresade husbandman, of the other 
part, Witnesseth that the said lohn Gosmer for and in consid- 
eration of twenty shillings, to be paid hereafter in worke vnto 
the said lolin or to his assignes have barganed sould and sett 
over vnto the said Thomas Burnett, all that his parcell of land 
lying in the great plaine in a place there commoidy called the 
ten acre lotts, viz all that part wiiich lyeth without the ox-pas- 
ture fence, containing by estimation five acres of land be there 
more or less, to have and to hold the said five acres of land to 
him the said Thomas Burnet his heirs & assigns for ever, to- 
gethr with all the wayes easements and Improvents what so 
evr thereunto belonging, without any left hindrances or moles- 
tation what soever done by the said lohn Gosmer at any claym- 
ing undr him, his heyres or assigns fer evr. And the said Thom- 
as Burnet doth by these presents binde himself his executors 
and assigns well and truly to pay the above specified 20s to 
the said lohn Gosmer or to his assigns in manner followeth, 
that is to say four dayes work betweene this and the last of 
march next at 2s the day, and two dayes work in mowing seas- 
ons at 2s 6d the dy, and the residue to make up the said 20s to be 
paid in the months of Octobr next, all which work is to be paid 
unto the said lohn Gosmer at three or four days warning, In seals, 
witnes wh«re of the said parties have set to their hands and 

Signed sealed and delivered 

In presence of vs 

John Jessup, A true copy by me 

Henry Pierson HENRY PIERSON Seer, 

Thomas ^''^!^^'^ Goldsmith, 

Page 171 April 30 1656. Mr lohn Houell doth acknowl- 
edge that last winter he sold a young mare of two years old at 
present, unto Mr losiah Starabrough ; and lohn Ogden lunr 
doth acknowledge he did through mistake tak vp the said mare 



ViS records: town or Southampton. 

and marked her, with a hott Iron vpon ye neare shovlder, with 
his brand marked which is this signe O, 

Witness HENRY PIERSON, Sect, 
May 25 1659 lohn Ould field acknowledgeth that he hath 
sould unto Ellis Cook his home lot lieing betwixt Thomas Hal- 
seys Sen, and Thomas Cooper also the half acres lieing in the 
little plains, and an acre more in Hew of that he threw up in 
the ox-pasture, also he acknowledge th hee hath sould the sayd 
Ellis all the comonage and privileges of a 50 pound lot be- 
longing to that land. 

May 25 1659, Mr Ogden acknowledges that hee hath sould 
vnto Ellis Cooke and Isaac Willman the division of Sagapon- 
ack at mecox that was formerly Goodman Whiles, which lieth 
for two acres, 

At the same time Mr lohn Ogden acknowledgeth hee hath 
sould vnto Ellis Cook and Isaack Willman one allotment of 
Sagaponack division numb 32. that was formerly Isaack Will- 
man allso hee acknowledgeth hee hath sould vnto EUisandthe 
said Isaac anothr lott that was formerly in the hands of Mr 
loanes at race cocks, in numb 33, also anothr lot lately in the 
hands of lohn lessnp & Jonas Bour Numb 35, also an acre and 
halt lately in the hands of lohn White and lonas Bour lying 
between Edward loanes and Isaack Willman, 

Page 172. Be it knowne vnto all men vnto whome this 
present wrighting shall come, that I Thomas Topping gent- 
leman of Southampton doe bind my selfe my heires executors 
and assigns, to pay or cause to be paid all such damages that 
shall come to any person or persons yf lohn Kelly doe not ap- 
peare at the court to be held in and vpon tuesday next in 
this towne of Southampton, witnes my hand the 11 day of 
lanuary 1650 

(Kelly makes his appearance ' — f^J ^^^'^'/^r ' 

according to,) "^ ^ fi (^ 

Autograph of Tliemas Topping. 



* The home lot ot John Oldfield was probably the lot next north of the homestead of Nicho- 
las White. W. S. P. 



records: town of SOUTHAMPTON. 139 

October the 6th 1659 an action of tresspass vpon tlie case to 
be tiyed at ye adjourned quarter Court the 7th of this instant, 
Ellis Cook plf, and Isasck Willman defendant, 

October 7, 59 an action of tresspass vpon ye case to be tryed 
at the said Cort, Capt Topping plf, and Mr Stanburogh, de- 
fendant 

October the 7th at the said adjourned Cort, The jurymen 
Richard Barret Tho. Sayre loshua Barnes, Samuel Barker John 
Jessup Edmond Shaw, whereof Tho. Sayre and Joshua Barnes 
are excepted against instead of them is impanelled Sam. Clark 
and ihoraas Goldsmith. 

Page 173. The great plaine fence beginning at the creeke 
at the west end of the plaine, and every mans proportion ly- 
ing westward of the number, on ye marked stake. 

No. Thomas Vale cross the water, 

1 Thomas Halsey next the ox pasture and fence 4S 

2 Mr Robert Fordhara 

3 William Payne 

4 Richard Bassett 

5 Tsaack Willman 
G lolm Iagge»" 

7 lonas Bower 

8 Widow Briggs but now belonging to Tho. 
Goldsmith for coraoning of oxen 

9 Obadiah Rogers 

10 Tho. Burnet 

1 1 Mr Gosmer 

12 Rich. Post 
J3 [oshua Barnes 

14 [ohn Cooper Sen 

15 Henry Person 

16 William Rodgers 

17 Mr Stanborough 

18 Sam Dayton 

19 Mr Edward Howell 



Poles 


feet 








4S 


12 


34 


02 


14 


00 


92 


6 


08 


n 


06 


14 


06 


14 


6 


SJ 


21 


2 


23 


15 


34 


13i 


12 


12 


12 


7 


16 


16 


17 


6i 


11 


9 


12 


7 


20 


8 


20 


11 



140 RECORTIS : TOWN OF SOUTHAMPTON. 



11 



No.20 George Wood 08 

21 Ellis Cook 10 8 

22 Mr Edward lones 16 2^ 

23 Thomas Hildreth OS 4 
Page 17 4 24 lohn Howell 27 16 

25 Mr Richard Smith OS 08 

26 lohn White 09 15 

27 Thomas Say re 15 15 

28 Christophei flToster 17 6 

29 lohn Bishop 09 15 

30 with securing the water fence The. Halsey 10 12 

31 Mr Hampton 3 15 
Memorandum that the cross fence at the east end of the ox 

pasture is not recored in the aforesaid acompt, but was sett up 
by those that have comonidge in the said pasture, with the 
fore said west end fence, both upon one accmpt, and comes to 
a length of railes to a pay re of oxen.* 

Page 175. A list of the meadow at the beach or pines No. I 
being the eastward lottment. 
No. 1 John Jessup andMrRayner 22 Mr Gosmer 

2 Sam. Dayton and Tho. Vale 23 Hemstead 

3 John White 24 John Howell 

4 Richard Barret 25 Henry Pierson 

5 On the island 26 Hemsted 

6 Mr Houll 27 MrBrown&Rob.Mervin 

7 Richard Post 28 Ellis Cook. 

8 Mr lohnes 29 

9 Edd. ffarington 30 Hemsted 

10 Mr ffbrdham 31 Tho. Halsey 

1 1 Mr Topping 32 

12 Mr Smith 33 Mr Topping 

13 Hemsted 34 lohn Cooper 



• The fence here recorded began at what is now known as "Clark's Creek," upon the land 
owned by the heirs of Capt. Isaac Sayre, and ran on the north side of Captain's neck lane until 
it eame to about the homestead uf Augustus Reeve, it then turned north as far as the South west 
corner of the parsonage land (now the lot of Henry A. Fordham) and ran along the south side of 
this tract to the town pond, the parsonage land also inchided the lot of H A. Fordham on the 
East side of first neck laue. W. S. 1 . 



records: town of Southampton. 141 

14 lolin Huell& Isaac Williams 35 Tho. Ralsey 
3-5 Tho. Hildreth&Tho. Sayre 36 Wm. Rogers 
IG lones Wood 37 Hemfted 

17 Tho. Burnet 38 lohn Cooper 

15 Mr Gosmer, Geo. Wood 39 Tho Sayre 
i9 JMrRaynor 40 Mr Howell 

20 Mr ffbrdham 41 the tovvne 

21 Hemsted 

Page 176. fieb, 10th \<\d7 It is agreed by the m .ior part 
of the nine men that Christopher fibster shall have 15s paid 
unto his hand, to that that hee is already indebted to the towne 
and hee is to pay the souMiers when their year is up for car- 
rying amies to tiie meeting, 

At a particular court december 1, 1057 A lury impanelled 
to try the case depending betweene Ralph Dayton and lohn 
Coopr lunr, 

Richard Barret (Jbadia Rogers lohn Ogden 

lohn lessup Thos. Sayre lohn lagger 

Isaach Willman lonas Bouen loshua Barnes. 

The lury findeth for the plaintif ye horse and 2s 6d damage 
with increase of Court charges, ludgement is given by the 
maiiistrates acordina; to the verdict of the iurv. 

Page 177. Acording to an order establislied by the general 
Court held in Southampton vpon the 5th of march An. Dom. 
1051 the plaine called the little plaine was layd forth in divis- 
ions for the inliabitants of the said towne, jr Richard Odell ap- 
oynted for the same, who layd forth the said land in three sev- 
e.all dividences, one of every three making tvv'o acres, which 
two acres lying in the tiu'ee dividences aforesaid was laid out 
to an hundred and fifty pound lott, the said dividences being 
drawn by the inhabitants by lottery vpon the 20th day of march 
1651, The first dividence bounds with his front vpon the pond 
at the west end of the saide plaine, only a cart way being left 
betweene the said front and the pond, the reare being butted 
by tlie side of the fifst lot of the third dividence along to the 
we.st of the plaine, every lott of the said first dividence facing 



142 records: town of Southampton. 

acording to the mark at tlie stakes, to Mr. Smith's home lot 
northward of the said plaine, half an acre in this dividence was 
layd to every hundred and fifty pound lot. 
Mr John Gosnor 400 lb lots drew Number 17, number 22, 

out of this a 50 lb lot to be taken 
Mr Robert ftbrdham ;300 lb drew No. 3 No. 4 
Mr Edward Howell senrr 350, drew No 11, No. 19, and is to 

have a 50, lot out of his son Edward Howells lot 
Edward Howell Jr 100 drew No. 3S 
Wm Kogers 150 drew No. 16 
Capt. Thomas Topping 300 drew No. IS No 27 
lonas Wood 150 drew No 28 
loshua Barnes 150 drew No 2 
Ellis Cook 100 drew No 26. Samuel Dayton is to have a 50 

share out of the same. 
Robert Mervin and Mr Brown's lot in all 150 drew No. 21. 
Thomas Hildreth 100 drew No 37. George Wood to have a 

50 share out of the same 
John Cooper Sen 150 drew No 9 

Richard Post 100 drew No 40. Thomas Pope to have a 50 
share out of the same 

Thomas Cooper 150 drew No 12 

Mr Thuston Raynor 200 drew No 33, is to have a 50 share out 
of his son Joseph Raynor 

Joseph Rayner 100 drew No 5 

Thomas Barret 100 drew nmb 30, a 50 to spare 

Richard Barret 150 drew no 22 

Page 17S. Mr Edward Howell 150 drew no 34 

Mr losiah Stanborogh 150 drew no 20 

lohn White 150 drew no 15 

Thomas Vale 100 drew no 13 Wm Barnes is to have a 50 out 

of the lot 

lohn Howell 200 drew no 24 is to have a 50 out of Isaac Wilnuis 

Henry Pierson 150 drew no S 

Thomas Hidsey 300 drew no 14 No 23 

Isaack Willman 100 drew no 10 lohn Howell to have50 otofit 



RECORDS: TOWN OF SOUTHAMPTON. 



143 



Mr, Richard Odell 150 drew no 41 

Thomas Sayre 200 drew no 25 and is to have a 50 out, of 

Richard Mills lot 
Richard Mills 100 drew no 29 
lohn lessup 100 drew no 29 a 50 to spare 
Mr Smith 150 drew no 36 

Thomas Goldsmith 100 drew no 21 a 50 to spare 
lohn Loome 100 drew no 6 a 50 to spare. 

October 6 1659 at a court it was granted to Mr Edward 
loanes to have 6 acres of ground at the end of Thomas Coop- 
ers home lot the north side at the rear of his home lot only a 
highway six poles betwixt to bee layd out by those the towne 
shall appoint. 

Page 179. The second dividence of the little plain fronting 
by the side of the lotts of the first dividence being the north 
sid6> Mr Richard Smiths home lot a highway being left by the 
side of the said first dividence which is to the second dividence 
the south end, being the front, and reereing to the north by the 
side of first lot running by the pond, half an acre in this divi- 
dence was stakad out to an hundred and fifty pound lot. 

Page ISO. [The list of names of the persons who drew the 
lots, is the same as that as page 177, S and is omitted.] 

Page 181. The order of the fence for the little piaine. 

No Poles feet No Poles feet 



ISlr Stanbrogh 


3 


4 


i 


Thomas Vale 


15 


5 


2 


Wm Barnes 


24 


2 


9 


Richard Post 


12 


5 


2 


Mr lones 


24 


7 


2 


Thomas Burnet 


11 


5 


2 


Mr Gosmer 


25 


18 




Wm Rogers 


18 


7 




Thomas Sayre 


30 


10 




Henry Piersori 


20 


7 




Mr Edward Hou 


'ell 14 


19 


9 


lohn White 


5 


7 




father Cooper 


4 


7 


7 


Ellis Cooke 


23 


5 


2 


Mr ffordham 


2 


15 




Isaac Willman 


28 


5 


2 


lonas Wood 


17 


7 




Richard Mills 


22 


5 




lohn Howell 


10 


10 




Capt. Topping 


19 


15 




Tho. Halsey 


6 


15 




Richard Barret 


9 


7 




Mr Odell 


S 


7 




John lessup 


33 


5 


1 



144 records: town of Southampton. 

Mr Thurston Ray nerSl H) Edmd Howell 15 5 2 

Mr Smith 1 7 Joseph Kay nor 21 5 

loshua Barnes 9 7 Thomas Cooper 35 7 

Thomas Hildreth 34 5 2 
Thorn, Pope 27 2 9 

Robt. Mervin 33 7 

Samuel Dayton 10 2 9 
George Wood 20 2 9 

Page 182. At a town meeting when most of the inhabi- 
tants were met to gethr the persons undernamed did engage 
to keep the oxen in the oxpasture as folloueth, 
Obadiaii Rogers one dsy, 1 lohn White one dy 11 

Mr Roynr & Joseph one day, 2 Richrd Post one dy 12 

Tho. Halsey and Richard How- Edward Johnes one dy 13 

ell one day, 3 loshua Barnes and John lag 

lohn Howell one day 4 ger one dy 14 

Christopher ffoster one day 5 Thomas Say re one dy 15 

John Jessup and James Her- Edward Howell one dy 16 
rick one day 6 Henry Pierson 17 

Mr ffordham one day 7 

Ellis Cook one day 9 

Isaac Willman and Jonas 

Bouroneday 10 

Page 1S3. June the 19 1657. At a town meeting it was 
voted and concluded by all the inhabitants of this towne, that 
they will unanimously stand to maintaine and defend all their 
lawfull rights that they have in possession by purchase and 
patent right from Mr flarret as agent of the Earle of Sterling, 
or purchased from the Indians. 

May the 5 1658. At a towne meeting it was generally con- 
cluded that two men should bee chosen for to goe to Montauk 
to make an agreement with the Jndians about the horses, which 
was dun, viz Chiistophr ffoster and Richard Howell (or Thom- 
as Halsey) and what agreement these men shall make, the 
payment shall bee raised upon all horses that goe upon the 
commons, only such that are kept in hand. 



RECORDS : TOWN OF SOiriHAMPTON. 145 

At the same towne meeting there was a stray hog that was 
supposed to bee Mr Smiths, and by the towne sold at an out 
cry for 17s, and that to goe as farr as it will goe for the pay- 
ment of the damage dun by that hogg to the Indians. 

The court adiourned vntil the next day aftr the court of 
election. 

October ye 6 1G59 At a court of election chosen for Mag- 
istrates Mr Topping, first, Richard Barret second, Mr Ogden Q 
the third, chosen for Secretary Henry Pierson, Christopher 
ffoster constable. 

Page 184. December 1 1057 an action of tresspass vponv^ 
the case entered by Ralf Dayton plaintiff against lohn Cooper 
defendant. 

lune the ^2 1658 An action of the case entered by lohn 
<^ooper Ir plaintiff against avis the wife of Mark Meggs defend- 
ant. 

A lury impanelled to try the case Christopher ffoster loshua 
Barnes lonas Bour loseph Rainer lohn lagger, Obadiah Rog- 
ers. The verdict of the jury they find for the defendant the 
steere with increase ot court charges. 

It is granted by the magistrate that lohn Cooper shall have 
a revi'^^e of the above sayd action, at the next court. 

Page IS5. Be it known vnto all men vnto whom this present 
wrighting shall come that I Richard Barret planter of South- 
ampton doe bind my selfe, my heirs executors, administrators 
& assigns firmly and truly to pay or cause to be paid vnto lon- 
as Wood planter of the above plantation the some of twenty 
pounds sterling, with this proviso that the after condition be 
not performed. The condition of this obligation is that yf lohn 
Stratton planter of Southampton, shall and doe make appear- 
ance, and traverse in suit ansuring the said lonas Wood in an 
action of debt & damage, upon the first tuesday in december 
next, then this obligation to be void, and of noe effect, or else 
to stand in full force & vertue witness my hand this 28 day of 
November 1650. RICHARD BARRET. 

Witness Richard Mills. 



J46 



RECORDS : TOWN OF SOUTHAMPTON. 



I Richard Smith have sould lohn Howell uU my meadow 
land lying at Shinecock, Seponack, and have received satisfac- 
tion for them, & discharge all accounts between us. 

RICFIARD SMYTH. 



Page ISO. There was ovorplus fence vpon the north side of 
the great plain which the new comers in were to doe, to equal- 
ize [word gone] the planters are these men following, which is 
to be bought by the new comers. 
S poles 



Mr Stanorough 



Goodman ]\Iervin 


9 


?> 


lohn Cooper 


]2 


V 


Mr fordham 


15 


7> 


lohn Howell 


n 


n 


Thomas Vale 


5 


1} 


Tho. Burnet 


6 


Ji 


Goodman Rogers 


10 


» 


Isaac Wilman 


4 


V 


Goodman Barnes 


10 


)> 



sixteen poles of this above 
is to be bought by the new 
comers to an hundred and 
fifty pound lot. 

Here folluws the overplus 
fence that the town must 
buy, or else yf the owners 
take away the towne must 
sett vp new fence in the 
roome of the same, 
loshua Barnes 10 poles and 
Mr Gosmer 5 [a halle 

Mr Smith 3 

George Wood 4 
Richard Post 7 



Page 1S7. Ri)bert Mervin Stundeth bound vnto Thomas 
[word gone] & Capt. Thomas Topping of Southampton, gen- 
tleman in the sum often pounds to prosecute a suite against 
lohn Hubby in the next quarter court to be licld in & vpori the 
first tuesday in december, for which the said Robert Mervin 
atacked a rapier in the hands of Samuel Dayton. 

The 7th of November 105 1 lohn Cooper Ir and Thomas 
Vale standeth bound vnto Edward Howell & Capt. Thomas 
Topping gentleman, in the sum often pounds sterling, under 



RECORDS: TOWN OF SOUTHAMPTON. 147 

this condition that he presents a suite against lohn Hubby at 
the next quarter court to be held in and upon the first tuesday 
in December, foi the which an atachment is granted unto 
them, upon the goods [words gone] of said John Hubby in the 
bonds of Southampton. 

Richard Post acknowledged he hath bought of Thomas Bur- 
net an ucreand half in the ten acre lots. 

Page 1S8. August 22d 164S whereas losiah Stanbrough hath 
made unto him a power of Attorney from Nathaniel Kirtland 
of Lynn concerning what the said Nathaniel Kirtland deman- 
ded of the towne of Southampton for fencing or for any other 
cause or reason whatsoever, that was due and payable to ye 
said Nathaniel from the day of doing such work, vntil the day 
of the date hereof, I say I the said losiah Stanbrough have 
compounded with the town of Southampton for four pounds 
ten shillings sterling, to be paid in manner following viz, fifty 
shillings in hand whereof 1 acknowledge ye receipt & do ac- 
quit, and discharge the said town of Southampton in part, as 
alsoe I the said losiah Stanbrough by vertue of the said power 
of Attorney made to me as above said, do accept of lohn Coop- 
er Senior satisfaction for the other fifty shillings which is be- 
hind and unpaid of the said fo(n- pounds & ten shillings which 
for the present the said lohn Cooper affirms he hath by the 
said Nathaniel Kirtlands order to have paid to him the said 
lohn Cooper, which if it appear upon due examination vpon a 
returne from th« said Natiianiel that the said fifty shillings 
were duly payable to the said lohn Cooper from the said Na- 
thaniel Kirtland that then there be an end of this matter, oth- 
erwise the said lohn Cooper engageth himself to pay to the 
said losiah Stanbrough to the use of ye said Nathaniel the said 
fifty shillings, and whatsover else said Nathaniel shall make 
appeare he is damnified in that he receved not ye said fifty 
shillings at this time, and vppon the subscribing of the said 
lohn Cooper, to all the above written to vthich lie hath assented, 
I say I have acquited and discharge I ye towne of Southampton 
of all debts, dues, and demands to th? said Nathaniel Kirtland 



14S RECORDS: TOWK OF SOUTHAMPTON. 

for work about lenceing as above said & shall look to lolin 
Cooper according to this covenant. Per me 

lOHN COOPER. lOSlAH STANROUGH. 

Witnses lohn Moor. 

Page 189. At a purchase court April 30, 16G0, lohn Scot 
Attorney for the whale company entered his action of trespass 
vpon the case in behalf cf ye said company plaintifs, against 
Mr lohn Ogden, lohn Oldfield & Richard Shaw defendant 

The jury Richard Barret Sam Clark lohn lessup Wm Lud- 
1am Sen lonas Houldsworth loshua Barnes Tho. Goldsmith 
Isaack Willman, lohn Mulford lohn Hand Tho. Talmage ler. 
Mechems. 

Mr Thurstan Rayner enters an action of trespass in the case 
against the wife of Mr losiah Stanbrough, Mr Stanbrough en- 
tereth an action of trespass upon the case against lohn Miller 
& Roger Smith defendant. 

Page 190 Mr Scot entreth an action of tresspass upon the 
case in behalf of Capt lohn Talcot against Tho Diment defend- 
ant, Mr Scot against Caleb Corwithy in an action of trespass 
vpon ye case. 

Mr Baker & Rob. Dayton against ffulk Davis & his wife in 
an action of tresspass upon the case. 

Mrs Alee Stanbrough in an action of tresspass upon the case 
a«^ainst Clem Briggs, David Briggs, Mr Rainer. Tho. Say re in 
action of tresspass vpon the case against lonas Bour defend- 
ant, the lury lohn Houell Ed. Houell Richard Houell Obediah 
Ro'J-ers John Ogden, lohn laggei^iohn Bishop Thochat field 
ler. Mechen, 

Mr Scot and Caleb are reffered to the next quarter court 
Wm Ludlam binds himself for Calebs appearance. 

Ffulk Davis & his wife have liberty granted by the Court to 
anser next cort, & in ye meane time to [word gone] the bond 
to Mr Bakr & Robt. Dayton with such charges as they are 
[woidsgone] this court. 

Mr Josiah Stanbrough plf aginst lohn Bishop, defendant. 



records: town op Southampton. 149 

Theo Halsey Sen against Nat. Foster defendnt for unjustly 
molesting his cattle, in ye action concerning Mr Stanbrough & 
Bishop, tlie jury find for the defendat cost charges, and where- 
as the plf, complains of damage and molestation they finde not 
yet hee maketh it appear, 

Page 191. lohn Davis gives in his [ear] mark to bee a half 
crop like an ell on ye fore side of both ears. May 24, 1662 My 
i25, 1663 lohn Dickerson gives in his mark to bee two slits 
on the upper side of the neare ear. 

lohn Woodruff Sen gives in his ear-mark to bee two half 
pennies under the near ear. 

John Woodruff lun, viz the second son, his mark a halfe 
penny under the neare ear, lune, 1666. 

lohn Wheeler gives in his ear marke to bee a half peny on 
both sides the far ear and a half crop or h on ye neare eare, 
lune 9 1668 

Page 193. A proposall by ye neighborhood where they 
desire to have their present devision to lye, which is agreed to 
be 10 acres to a fifty. 

Christopher ffoster -20 acres against Ben [word gone] and 10 
acres in ye first neck, 

Edward Howell on ye North side of lohn lessup's close. 

lo, lessup at ye end of his owne close, 

Tho. Goldsmith at the end of his home lot, the rest by good- 
man Halsp.ys at weequapaug, 

Tho. Topping as much as may be at rear of his lot, 

lames flerrick in like manner, 

Isaack Willman against his home lot what may be, Ellis 
Cooke 20 acres at his house at meacox & 1 acres at Calf Creek, 

Zerubbabel Phillips by lohn Bishops close 

Henry Pierson behind his home lot ye rest by lohn lessups 
close.* 

Obadiali Rogers against his home lot, t 



* Henry Pierson lived on the present home lot, of Lewis Hildreth. 

■f Now the homestead of the heirs of Albert Rogers 



150 records: town of Southampton. 

Luent, Post on Northside of Francis Sayre's* 
Tho Burnet same by his own at Corrao, Poynt, the rest to 
his at mill pond head, 

lohn Woodruff' at rear of his lot as much as may bet 
lonas Bower at reare of his lot, | 

Mr Loughton -i acres north side Wm Russells ye rest at ye 
bottom of Ellis Cooks closed 

Rob. Woolley at rear of his lot* 

Dar iel Halsey 150, between Mr Rainer & Joseph against ye 
little plaine, 

Tho, Halsey Sen, at ye bottom of ye mill neck next negro 
Peter's 

Francis Sayre at side of his lot, 

lohn lagger w^est side of north sea path by Wm Rusellslott 
Dan, Sayre at ye reare of his lot,| 

John Bishop at ye front of his home lot, or on the rear of 
his last division, 11 

Joshua Barnes at ye reare of his house lot ^ 
lohn Cooper & Thomas, on the west of that last division, 
Isaac Halsey North side of Robert Woolley as ye west side 
North sea path. 

Page 194. Tho, Halsey lun. 50 acre«J adioyning to ye reare 
of his lot at Cobs, pound, S acres at his land in mill neck 

Sam, ]ohnes, to ye Northward of Rob, Woolley by North 
sea path, 

Wm Russell on ye south side of Sam, lohnes former division 
Tho, Sayre at Seponack fence on the south side of Seponak 
path & on the east side ye fence, 

' • Franeis Sayres home lot is now owned by the heirs of Septer Jackson. 

t John Woodruft lived on the old Pellatreau place, he was an adopted son of John Gosmer. 

t Jonas Bower's home lot is the present residence of Wililam Huntting. 

§ The 3 acres are now occupied by the houses of Wm. Fowler and Harriet Reuben Halsey. 

* Now the homestead of Albert J. Post. 

t This is the homestead lately owned by David Jagger, the house was built in 1707. 

t Daniel Sayre's home lot is the lot of Mrs. Fithian soutli of Mr. Jackson's. 

II Now the homestead of Jonathan Fithian. 
' § This ts the farm of Wm. S. Pelietreau, :ind was sold by Joshua Barnes in 1705 to Capt. Jec- 
homiah bcott ; ni 1757 Capt. Scott sold it to Nathaniel Smith of Moriches, grandfather ot Dr. 
John Smith, from whose heirs it was purchased by Wm S. Pelietreau. 



REOORDS : TOWN OF SOUTHIMPTOX. 151 

Mr John Howell as much as may be by his owne at Wee- 
quapoug. 

Mr ffordham as much as may be adioyning to his owne at 
toylsome * on the north side, ye rest else where, 

Arthur Howell next to Sagaponack pond on this side of it 
on meacox plaine, 

Mr ffordham at the corner next Sagaponack pond, 

Richard Howell as much as may be to his owne at his the 
east ward close, the rest begin ng at the hollow behind lo, les- 
sops close, Northward & Eastward, 

Mr Jennings on the north side of Ellis Cooks house and 
cow yard runing to Eastward creek, 

lohn WoodrofFwhat hee wants against his home lot, to bee 
made up betweene the swamp runnig into the millstone brook 
& Seponack fence that was. 

Page ]()5. December 4, laid out Anthony Ludlanis land 
at his house, hee beeing to recieve S acres besides the 2 acres 
hee assigned to lohn Berwick, measured to his, of yt which 
hee had inclosed in pat of ye 8 acres, the south line of it 23 
poles, ye North line 20 pole?, the east and west lines is 32 
poles that wee count at 4 acres, 

men claiming quagquanantuck, 

£ £ 

Mr Ray nor 200 Lieut Post 100 

The, Halsey lun J 50 Obadiah Rogers 150 

Tho, Halsey Sen 300 Hen Pierson and Mrffordam 150 

Mr John Howell 200 Zer. Phillips 50 

Mrfibrdham 150 ElHs Cook 150 

lohn Coopr 150 Isaack Willman 300 

Edw, Howell 200 lis Herryck 100 

Tho, Sayre 150 Tho Topping 100 

Isaach Halsey 300 Tho Goldsmith 150 

lohn lagger J 50 John lessup 150 

Tho, Cooper 150 Edw Howell 150 

Dan, Sayre 50 Christopher ffoster 150 



152 RECORDS : TOWN OF SOUTHAMPTON. 

lohn Bishop 50 Ri, Howell 150 

Joshua Barnes 50 lo, Ray nor 150 

Mr Hampton 50 Edw, Howell 100 

Tho Pope San, lones 150 

Rob, Woolley 50 Peregrine Stanburgh, saith none 

lonas Bower 200 Wra Russell granted to him 50 

lohn Woodruf Sen 150 lohn Post 50 

Tho Burnett 150 lohn Topping 50 

if his father and ye town be 

agreede. 

The aforesaid list is what men give in to have at quaqua, at 
a town meeting Dec. 18, lG6o 

It was alsoe then determined by maior voot that the 70,£ 
for quaqua, should bee levied on ye fifties and paid or tender- 
ed at present to those to whom it should concerne. 

The men chosen to lay out ye premised [words gone] are 
losh. Barnes, lo lessupMrlohn Howell & Henry Pierson who 
have power conferred to them by the town to lay out to every 
man according to his portion as is by ye inhabitants desired in 
respect of place as ye land will bear, and according to their 
best understanding to regulate each mans devision & said pro- 
portions both for quantity forme and place as in their judge- 
ment shall seem be most conducible to ye townes benefit and 
least prejudice to each particular man [two lines gone] 

End of the first book of Records called Liber A, No. 1.] 

Records from the book of Town Accounts. 

May ye 2 16r>7 Att a towne meeting, there being divers ap- 
rehension wh-it way or mejins was best to be taken for preserva- 
tion of ye towne, It is concluded by the mayor voat of the towne 
yt 7 meu namely, Capt, Topping, Mr Gosmer Mr ffordam Mr 
Rainer, lohn Cooper Sen Tho, Sayre and Sergeant Post should 
have the managing of the present affaire of the t )wne concer- 
ning ye safety thereof, and yt all men did lay downe themselves 



records: town op Southampton. 153 

in respect of their persons & estates, to bee disposed of by the 
said 7 men in a way of righteousness, to attend any means that 
may in their Judgement effect the said ends, 

May 4, 1657 It is ordered by the 7 men impowered, that one 
half of ye inhabitants of this towne shall keepe centinell or ward 
in the towne according as they shall be disposed by officers for 
that purpose, for one day, and the other half of the inhabitants 
shall have liberty to goe about theire planting or occasions pro- 
vided they goe togethr, and work soe neere together, that in the 
Judgement of those appoynted a centinell the company yt soe 
goe forth, may come to gether before any danger in resp»jct of 
assault as came vpon them the other day, and soe successively 
until farther order, in this respect. And all those that soe goe 
forth are to have theire armes with them, and it is left to Ser- 
geant Post to and to effect the afforesaid order, 

It is further ordered that ye letting off of one gun shall bee 
sufficient AUarum in the night, and if there bee any allarum 
in the night, then all Inhabitants from ye North end of the 
towne to Tho Sayres shall repaire to about Mr Gosmer's,* and 
all southward of Tho, Sayres vnto the lane by Richard Barrets t 
shall repaire to the meeting house, and all from thence to the 
Southend of the towne repaiie to about Tho, Halseys Sen his 
house ; | none to make willfully a false allarum vpon penalty of 
being whipped, And in case there bee an Allarum and any man 
hearing it yet appeareth not to his appoynted place as aforesaid 
shall forfeit to tlie towne the some of 5s, 

January 5, 16G5 The overseers have agreed with James Her- 
rick that hee shall have one acre of land at the reere of his 
home lot in consideration of a foot way for people vp his lott 
to the burying place where the towne have an acre for thatvse; 
& lames Herrick is to have the hearbridge of it, 

Jan 5 65, lames Herrick is agreed vith to beat the drum on 
ye Lords dayes according to custome, and to have 20s per year 

• The late residence ol Charles Pelletreau deceased. 

t Toilsone lane. 

t The present residence of Nicholas White. 



54 



RECORDS : TOWN OF SOUTHAMPTOX. 



for the same soe long as hee dischargeth yt offiee the towne 
paying for drum heads and cordidge. 

Sept 4 1665 Leiftnt Po^t is agreed with to build a watch 
house of ] 5 foot square, 7 foot gice * over it, a chimney catted 
and fit lor daubing, ye widens of ye house; with rafters fit fr 
lathing for sshingle, the studs fit for 5 foot clapboard, posts in 
the ground cf white oak, ye stuff" to bee carted by ye town 
and sufficient help to reare it & to bee finished withm -2 
months. And hee is to have paid to him by the towne 4£ 
12s 6d per bushel, ye rest in current pay. 

Sept 4 1665 By ye overseers Hen. Pierson is chosen to bee 
Q recorder and clarke for the towne and is to have 1 Os per An. 
as in formr yeares for his paynes. 

June 30 1G69 It is ordered by the cunstableand overseers 
together with ye inhabitants of ye towne that if any per- 
son shall presume to make allarura shall fur ins or ther default 
pay twenty shillings or be severely whipped, and that no per- 
son pretend ignorance. It is concluded that one gun being fired 
off ir. the night after ye watch is set shall bee Acconted an allar- 
um, likewise three being suddenly fired one after another in ye 
day ; and all persons are hereby requiired to be verycircumspect 
herein vpon there vtmost peril, Allso that if any upon the 
watch shall at any tyme here after bee by such persons as are 
vpon oath, hereunto apponted found sleeping or any way care- 
less, shall pry unto the publick twenty shillings for any such 
default, as witnes our hands, 

April 30 1657 half a pound of powder a peece delivered un- 
to ye undernamed persons out of ye magazon. 



Nathaniel Foster 
Isaac Halsey 
Thomas Halsey Ir 
lolin Howell 
lohn Coopr Ir 
Edward Houell 
Francis Sayre 

• Joists. 



lohn Oldfield 
lohn lagger 
lohn Bishop 
loshua Barnes 
Tho, Pope 
lohn Ogdeii 
lonas Bower 



lohn White 
Ellis Cook 
Isaac Willman 
Tho. Topping 
Elnathan Topping 
lohn Hand 
lohn lessup 



RECORDS : TOWN OF SOU! HAMPTON. 



155 



Daniel Say re 
Henry Ludlara 
Thomas Cooper 
lohn Woodruf Sen 
lohn Woodruf Ir 
David Halsey 
lohn Negro, 



lohn Topping 
Tho. Burnet 
Sergeant Po-t 
Obabiah Rogers 



Edward Houell 
Christophr ffoster 
lohn HToster 
loseph ffoster 
Richard Howell 
loseph Rayner 



Henry Pierson 
lames Herrick. 

and thre was weighed 9 lb ^ of pow- 
der and put into the barell, & remains to be disposed, 

[After an order bearing date ]V[arch 1666 in relation to fences 
upon the plain the following entry is made] Lykewise it is con- 
cluded that the drumme being beat att the setting these vpon 
the meeting house post shall bee sufficient publishment there- 
of, as allso any order that hereafter shall bee to be published. 

[The plan of this book, does not include printing the records 
in the book of town accounts of a later date than 1660, but as 
many names occur of persons who were evidently residents of 
the town for a greater or less length of time, and as the writ- 
ing is much faded, we have concluded to give a list of such 
names, as it may be of service to future writers, or collectors 
of genealogies, W. S. P.] 



Nathaniel Dominy 1668 
Thomas Steevens ir)6S 
Cornelius Vonck 
Charles Strong 
Benjamin Haine 
lohn Loughton ) 
losiah Loughton ) 
Wm Salier 
Thomas Tailer 
lohn Roe 



1666 



16'J1 
1661 
1668 

16SS 

K,68 



Robert Kellum 

lames Redfield 

Wm Russell 1667 

Arthur Crese 1(566 

lohn Tenison 1667 

lonas Houldswortb clerk 1667 



1666 



lohn Davis 
lohn Wheeler 
Samuel and loseph Davis 
brothers 



Christopher Learning 1667.* Garret Travis 
Benjamins Davis 1666 lohn Franklin 



1667 
1665 

1668 
1666 
1666 



' Christopher Learning afterwardt removed to Cape May(, New Jersey, probably 1668. — 

w, s. p. 



^FFENDIX. 



Copies op various Documents relating to the early His- 
tory OF Southampton. The originals being preserved 
in the large portfolio marked " Historical Docu- 
ments." 

[Papers Relating to Suit with Southold about Acquebogue 
meadows.J 

Southampton March the S, 1667 The depositions of Rich- 
ard Woodhull aged about 60. This deponent saith that the 
tract of land vhich long agoe was by the Indians given or gran- 
ted vnto this d«*ponentand Mr William Wells of Southold, be- 
gan at ye end of the westward bounds of Southold land and 
contained Curchauk, Mattatuck, Accabouk, and thence to Pea- 
connet River, And further saith that the deed which the In^ 
dians signed in contents were according to ye premises, All- 
soe saith that within a while after the said gifts or grant this de- 
ponent heard that Mr Youngs had made purchase of a parcell 
of land within the compass of the said land, given as aforesaid, 
and there upon this deponent sent a letter of protest against 
ye said purchase vnto Mr Youngs and Southold men, and after 
the said protest made Mr Wells and some other came to tiiis 
deponent and bought of him his above said Interest. 

This Deposition taken before me ION AS WOOD. 



157 records: town of Southampton. 

Richard Howell and loseph Rainer aged about fourty yeares 
deposed this ISth of September 1667 Saith as foUoweth. That 
vpon a time about thelatter end of may, last Capt, Tohn Youngs 
of Southold brought over to Southampton Thomas Stanton 
with some of the chiefs of Southampton Indians, meeting at 
the Schoolhowse, some of the chiefe of Southampton Indians, 
with the Sachem being there, Capt Youngs being asked the 
end of his comeing said, to finde out truth, viz whoe had the 
true right to ye land or meadow in controversy betweene the 
said two townes. And the debate therevpon grew on betweene 
the Indians, then being present some of the Southold Inhabi- 
tants, with divers of ye chiefe of the inhabitants of Southamp- 
ton, Thomas Stanton being ye interpreter. These depo- 
nents heard the said Thomasask both parties of ye Indians whoe 
had the true right to the said land & meadow. And the said 
Indians (after long debate) loyntly answered, chat ye young 
eagles that were taken in the nests, and the deere that were 
drowned or killed in the water. It was ye Indians customs to 
carry ye said eaoles & the skins of the Deere to those Sachems 
or Indians that were the true owners of ye land, thereupon 
Thomas Stanton presently replyed saying, indeed the eagles & 
the deere were something, but if there were a beare killed or 
drowned, that would put the matter out of controversie, And 
the deponent heard Southampton Indians affirme that there 
was a bear drowned or killed in ye same tract of land now in 
controversie between ye the said Townes, then Thomas Stan- 
ton asked to whom the skin was carried, and Southampton 
Indians answered To Shinecock Indians, And Southold In- 
dians allsoe acknowledged that ye said beare skin was carryed 
to Shenecock Indians by Southold Indians whoe tooke ye beare 



Taken before me 

' Autograph of Thomas Topping. 



^X^'^MV7^'^ 



RECORDS: TOWN OF SOUTHAMPTON. 15S 

I the subscribed namely Thomas Halsey doe witnes, that at 
the time of the trouble in this towue ofSouthampton by reason 
of murther committed by the Indians, At a great assembly of 
the Indians for the settling of matters, in fine I saw Mandush 
(vvhoe was a man reputed & acknowledged generally by all In- 
dians in these parts to bee the great Sachems sonne of Shine- 
cock) cutt up a turf of ground in Southampton, and delivering 
it to Wyandanch gave up all his right and interest unto him. 
And hee the said Mandush with many other of the cheifes of 
Shinecock Indians as ancient men, did manifest their consent 
and that they were contented, by their ordinary signeofstroak- 
ing Wyandanch on the back, And since that timethe said Wy- 
andanch (whoe was Sachem of Meantauk) hath acted upon ye af- 
foresaid Interest given to him as by letting and disposing of land 
at Quaquanantuck and else where And I nevr heard any deny 
Wyjindanch his rigiit and propriety in the premies until of late, 
And this I am ready to depose when there unto called, 

Witnes my hand and this 19 of Sept. I6GG, 

THOMAS HALSEY, 

I the subscribed namely Thomas Saire doe alsoe witnes all 
that is above testifyed by Tho, Halsey except only thedelivery 
of tiie turfe, and further that when Mandush gave up his right 
to Wyandanch and stroaked him on the bacK, Mandush alsoe 
told Wyandanch that now hee would bee all one dogge. And 
this I am ready to depose when I am thereunto called, witnes 
my hand & this 19th of Sept IGGG 

THOMAS SAYER 



New York the 7th of November 1G67 The depositions of Mr 
lohn Ogden, This depone Tt testifyeth that about 5 or six years 
agoe and after Mr Wm Wells and others of Southold pretended 
that they would stand suite at law with this deponent about ye 
meadow now in difference betweene Southampton and South- 
old, the said Mr Wm Wells, Mr Tucker loseph Horton & oth- 



159 RECORDS: TOWN OF SOUTHAMPTON. 

hers spoke to this deponent and would have bought of him part 
of those meadows. 

lOHN OGDEN 
Swore to before mee this 7th day of Nov. J 607 

MATTHIAS NICOLLS Sec, 

To the constable of Mentaucket These are in his majesties 
name to will and require you to gather togather the ancientest 
and chiefest of the Indians at Mentaucket immediately upon 
sight hereof, to give in their testimony concerning the bounds 
of Shenecock Indians before Mr Tho, lames and Richard How- 
ell, hereof fail not at your perils, given under my hand this 
1 6th day of October 1 667 lOHN MULFORD 

October ye 16 1667 Pawcatone being required to give in 
his testimony betweeneSouthold Indians boundsand Shenecock 
Indians bounds affirmed, that in his tyme there was a war be- 
tween the said Indians, and that yeanocock Indians were con- 
quered and fled to severall parts of the maine, and that after a 
certaine tyme, yeanocock Indians returned againe and Shine- 
cock Indians said that they had been old friends and that they 
might sitt downe and plant tliere again on the other side ofPea- 
conect, and soe they did. And afterwards that there was a beare 
drowned in the meadows now in controversie and that the skin 
and the fatte of them said beare was brought to Shinecock 
Indians as due unto them. The X marke of 

Taken before me POCATONE 

JOHN MULFORD. 

October ye 17ih 1667 The testimony of two Ancient wo- 
men that formerly had lived at Accabonake, do affirme that all 
the land and marsh ground betweene Peaconnet and Niamocke 
did belong unto Shinecocke Indians and that there was a bear 
drowned in the meadows on the east side of Peaconocke and 
that the skins and fatt was brought to Shinecock Indians, and 



KECORDS : TOWN OF SOUTHAMPTON. 160 

one of them doth further affirme that shee eat part of the said 
bear, AQUABACACK whome squa 

her Z uiarke 
In presence of mee IMPEAGWAM squa X her mark 
THOMAS JAMES both living at Meantauket 

Interpreter, 



October 22d 10(57 The depositiotjs of loshua Barnes and 
Edward Howell, These deponents testify that about fourteene 
years agoe we went to those meadows now in controversie be- 
twtene Southold and vSoutham[)ton, and with us went Ricliard 
Post and Robert Merwin and Thomas Burnet and wee five 
mowed in those meadows part of two days 

This taken in the presence of the Constable and Overseers 
OBADIAH ROGERS lOSEP FORD HAM 

EDMUND HOWELL lOHN lESSUP 



Southampton Octoberye 24th 1667 The depositions oflohn 
lennings, This deponent saith that upon occasion hee was at 
Southold and discoursing with jVfr Wells about the meadows 
in ditference between this town and Southold, hee this depo- 
nent told iiim yt hee & some others of tliis Towne intended to 
mow part of those meadows this yeare, and Mr Wells wishel 
him not soe to doe f(>r if hee did hee would take their toolvs 
from them, and this he said divers times, and moreover Mr 
Wells said that if hee this deponent mowed there hee should 
bee the man that they would prosecute against at New Yorke 
for soe doing. 

This taken before us the Cunstable and overseers 

OBADIAH ROGERS EDWAD HOWELL 
EDMUND HOUELL JOSEPH FORDHAM 



161 records: town of Southampton. 

Power of Attorney to lohn Howsll and Henry f ierson. 
Know all men by these presents that wee the subscribers the 
constable and overseers of Southampton in New York on Long 
Island, doe hereby in ye name and behalf of our said towne 
constitute and appoint our trusty friends Capt, lohn Howell 
& Henry Pierson our true and lawfull Attorneys in ourTownes 
i.ame & stead to prosecute a plaint or suit to bee heard ortryed 
at ye next Assizes neere approaching concerning or betweene 
our said towne plaintif, and ye towne of Southold in ye same 
Jurisdiction defendant, then and there to implead the said towne 
of Southold (or those whoe shall answer in their name) in the 
said plaint or suite, and to sue for and recover our rightfull in- 
terests of them with costs and damages, and vpon receipt there- 
of to give full & ample discharge, moreover we doe hereby im- 
power our said Attorneys to make any agreement concerning 
the premises, asby composition Arbitration &c, or by any meane 
that shall present itself if they our said Attort?eys shall seemeete, 
or to follow the said suite or plaint at any other court or seat of 
Judgement until the said suite or difference bee ended or issued, 
allsoe we doe impowr them our said Attorneys to constitute and 
appoint any other Attorney or Attornies under them in our 
said Townes name to prosecute the said plaint or suite. And 
whatever our said Attorneys doe lawfully, or cause to be done 
in the premises, our said towne shall and will stand unto, and 
doe hereby ratify & confirm as if they themselves had person- 
ally and actually done the same, and what ever costs they our 
said Attorneys are at, or damage they may suffer in the prose- 
cution of this said plaint our said town shall and will satisfy, 
further more if by any accident either of our said Attorneys be 
hindred from ye said court of assizes then the other hath here- 
by ye sole and lull powr which is communicated to them both 
as above said. Witness our hands this — day of October 
]GG7 JOSEPH FORDHAM OBADIAH ROGP^RS 

EDMUND H0WP:LL IOHN IESSUP 
Witness EDWARD HOUELL 

lohn Cooper Robt Woolley, 



RECORDS : TOWN OK SOUTHAMPTON. 162 

Wyandanch'g Deed to lolin Ogden. 
May 12 1G59 Be it knowiie unto all men that by this pres- 
ent writing that I Wiandance Sachem of Paumanwche on Long 
Island have vpon deliberate consideration, and with my bonne 
Weeayacomboune, both of us together, given and granted unto 
Mr lohn Ogden and his heirs for ever, 1 say freely given a cer- 
tain trnct of land, beginning at the westward end of South- 
ampton bounds, which land is bounded, eastward with South- 
ampton bounds, and with a small [)iece of meadow which 1 gave 
to Mr lohn Gosmer, which he is to enjoy, Northward to the 
water of the bay a'ul to the creek of Accaboucke, Westward to 
the place called Pehecannache, and Southerly to Potuncke, 
three miles landward in from the high wafer marke, andcreeke 
of accaboucke, and soe co the west. But from this three miles 
bredth of land southward all the land and meadows towards 
the south sea, the beach only excepted which is sold to lolin 
Cttoper, I 5?ay all the lands and meadows I have sold for a con- 
siderable price unto Mr lohn Ogden for himself his heirs exec- 
utors and assigns for ever upon conitions as followeth, first that 
Thomas Halsey and his associates shall have the privilege of 
the place of meadow called quaquanantnck, the term of years 
formerly granted to him or them, but the land lying betweene 
quaquanantnck and three miles northward he shall or may pos- 
s-^ss and improve at present, but when the years of the afore- 
said Thomas Halsey shall be expired, then shall the aforesaid 
Mr lohn Ogden or his as.signs fully possess and improve all qua- 
quanantnck meadow with the rest aforesaid, and then shall pay 
or cause to be paid unto me Wyandance my heirs and assignes 
the summe of twenty five shillings a yeare as a yearly acknowl- 
edgement or rent for ever. And it is also agreed that we shall 
keepe our privilege of fishing, fowling, or gathering of berries 
or any other thing for our use, and for the full and firme con- 
firmation hereof we have both parties set too our hands markes 
and seals interchangablv The date and year above written 

lOHN OGDEN [l. s.] 
In the presence ot us 
DAVID GARDINER 



S' 



Autograph of Lion Gardiuer. 



] 63 RECC^EDS : TOWN OF SOUTHAMPTON. 

Know all men by these presents that whereas I John Og- 
den of Elizabeth Towne in New lersey take myself to have 
true right and title to one handred acres of meadow ground or 
salt marsh lying on ye side of a bay commonly Peaconnet or 
Pehickoneck next or towards Southampton lands, and alsoe 
whereas formerly I have given and granted all my right in, and 
title to ye said meadows unto the said town of Southampton on 
Long Island (my said right being derived from Wyandance Sa- 
chem of Meantauket) I doe hereby assume and confirme unto 
the said towne my whole Interest in the premises, they and their 
assio-ns or successors to have & hold ye same for ever from 
mee and my heirs or assigns or from what I have done oi may 
doe or any in my name may cause to bee done, 

Witnes my hand this 2 of November An Dom. 1667 
In presence of lOHN OGDEN 

John Richbell 

lonas Houldsworth, 

Capt lohn Youngs on the behalf of the Inhabitants of South- 
old humbly proposeth these ensuing Reas)ns for his Appeals 
to Equity. 

First Hee conceiveth that the lury might not looke vpon 
their copy of the deed of purchase to Mr Eaton to be authen- 
tick by reason it was attested by Wells who is a party in the 
case as all so some testimony taken before him as a magistrate, 

2ndly By reasons they had not full testimony from the Court, 
of New Haven of all the transactions concerning this cause, as 
allso not pleading the considerations they gave to thelurisdic- 
tion for their rights in the purchase aforesaid, As alsoe for di- 
vers other Reasons which would be too troublesome to rehite 
to your Hours at present. Therefore in the behalfe of the said 
Towne he humbly requested that he putting ui security accord- 
ing to law may have the liberty till tlie next court of Assizes to 
prosecute this Appeale,where he shall produce the originall Rec- 
ords & many more substantial Testimonys, which may much 



RECORDS: TOWN OF SOUTHAMPTON. 164 

satisfy your Hons & this Hon bbl court, Allso the lury went 
not accordig to the law of possessions which this defendant 
pleaded & in equity shall request the Benefit there of 

This is a true copy examined by me this G day of Novembr 
1CG7 

MATTHIAS NfCOLLS Sec, 

At the General Court of Assizes held in the city of New 
York by the Governor & Council & the Justices of the peace 
by his Majesties authority on the 30th and 3Jst days of Octo- 
ber, and the I & 2d & 4th days of Nov in the 19th year of the 
Reigne of our sovereigne Lord Charles the 2nd by the grace of 
God of Great Brittain France and Ireland King, def«.>nder of 
the points &c, and in the yeare of our Lord God 1667 

The Jnhabiiantsof the Towne of Southampton plfs. The 
Inhabitants of the towne of Southold defendants. The defend- 
ants having appealed from the verdict of the [ury to be heard 
in Equity, This Court upon consideration of the reasons giv- 
en therefore doth think fit to allow of the defendants Appeale 
to be heard at the next Generale Court of Assizes, to be held 
on the first Wednesday in Octobr, 16SS they giving security 
according to law, and doe order that as to the meadows in 
controversy betweene the plfs & defts they shall both have 
liberty to mow thereupon each the one halfe thereof at the sea- 
son of the yeare & for their cattle to feed ther upon in the 
raean time until the title shall be decided in Equity unless they 
shall otherwise agree amongst themselves, which the Court 
doth recommend unto both parties, The Defts are topey the 
charges of Court, 

By order of the Governor and Court of Assizes. 

MATTHIAS NICOLLS Sec, 

Whereas There hath arisen an unhapy diferance Between ye 
Two Towns of Southampton & Southold, Concerning Interest 
In aParcill off meadow Lying on Shinnecock Side off peacon- 
nok River (vis) from peaconnock Bay to a Crick Called to 



]65 RECORDS: TOWN Or SOUTHAMPTON. 

young or ye Red Crick and som charg hath Bin expended at 
ye Last Court off assize & for as much as our Hon Govvner 
Gen'U NiccoUs Both sent & Imployed y« Hon Cupt Needham 
& Capt Nickolls as meediators to Reconcile ye sd Diferance 
Who did present to ye sd Towns Their earnest desire off a fi- 
nall Neabourly Composition Between them. Whereupon ye 
said town of Southampton by their Representitaries appointed 
these men namely Capt John Howell Henry Pierson & John 
Jessup and ye town of Southold Imployed five men namely 
Capt John Youngs Capt Charles Glover Constable Thomas 
Mapes, Leiftent Richard Terry & John Conklin Jr Each town 
giving these said ffriends as agents full and ample power to 
put a period unto & ffinally to conclude ye sd Deforance Now 
know all men by these presents yt Wee ye ffornamffd parties 
who was as aforesaid Impowered bein assembled together at 
ye town of Southampton this 11th of March 1667 du mutual- 
ly agree and forever determine Between the said towns con- 
cerning ye whole matter of Deforance as followeth, That ye 
town of Southampton shall peaceably, & quietly enjoy & pos- 
ses ye full Latitude of their Land Bounds they sometime pur- 
chased of Capt Topping ye west Line was & is to run accord- 
ino- to their Deed from a place called Seatuck on the South 
Side to ye head of a River or Bay called peaconet on ye North 
Side to be to the said Southampton & ther Successors fforever 
with this Restriction or premission that Mr William Wells of 
Southold shall have and Retain eighteen acres off the above 
said meadows which are allready appointed unto him ye same 
to be to ye only use & behoof of him and his heirs f^or ever 
and all ye Rest of ye land or tract of meadow to Ly In Com- 
mon ffor mowing f^br all ye Inhabitants ofiBoth towns who 
have Interest according to their Property as they shall have 
occasion untill ye said towns Shall more fully agree to devide 
ye same in partickular and whensover they shall com to be De- 
vided ye said Eighteen acres belonging to Mr Wells shall be ac- 
ounted as part of ye quantity which Southold are to have and 
for the further settlement and continuation of peace between 



RECORDS : TOWN OF SOITJ HAMPTON. 1 66 

ye said towns it is ff'tirtlier herein concluded by us In there be- 
half yt ye Cretures belongino; to Southampton which shall at 
any time be found going on any part of ye said tract of land or 
meadows Shall not be molested but have freedom as formerly 
and Southold Inhabitants or any of them or any in their names 
shall not pnrposly put or place any of those Creatures at any 
time In any part thereof But iff any of these Creatures come 
within ye Limits of ye said meadows accidentally It shall not 
be any trespass, finally it is determined yt ye charges which 
have Bein Expended by either of ye said towns concerning ye 
said meadows it shall be borne by themselfes who have disbursed 
it : and for ye full Ratification hereot were the said parties who 
are intrusted & impowered as aforesaid havp hereunto Inter- 
changably sett our hands this I ith of March AnoDomn J 667, 
Signed & delivered John Youngs Charles Glover 

in presence off Thomas Mapes Richard Terry 

Edward Petty, John ConkeHin 

Jonathan More 
Samuel Glover 

A true copy by Mr John Howell Town Clark. 

[The above seems to have been a final settlement of differ- 
ence between the two towns, thi'J agreement is refl^ere(i to in the 
Patents granted by Gov. Andioss 1675, and Gov.Dongan 16SG 
where it is stated that the North hour ds of this town is Pecon- 
ic River and bay "not contradicting the agn-ement made be- 
tween them and the town of Southold, after their trial at the 
Court of Assizes." The meadows in controversy are on the 
shores of Peconic bay near the village of Flanders. Aque- 
bogue is an Indian name, signifying " land at the head of the 
bay, on the Cove place." — w. s. p. J 

Know all men by tliese presents that I lohn Ogden of Elis- 
ebeth Towne in New lersey have truly and duly owing unto 
me the full and just sum of fourty pounds from Shinecock In- 
dians as in remaine of what became due to mee from them vpon 



1G7 records: town of Southampton. 

the tax of fire money (as it hath been commonly called) and 
the hon^^' Governor of ^ew York having appointed the Com- 
missioners for the Indian affaires in ye East Riding, namely 
Capt lohn Howell and Mr Thomas Baker to take cause for 
satisfaction, I doe hereby appoint and constitute my frends ye 
said Capt lohn Howell and Henry Pierson my true and lawi- 
full attorneys in my name & stead, but fur my owne use to de- 
mand and receive the said 40i£ or any part thereof from any 
person yt shall bee appointed to pay it upon the aforesaid ac- 
cept, and vpon receipt thereof to give full discharge or to make 
any composition or agreement concerning the premises, And 
whatever my said attorneys doe or cause to be done lawfully in 
ye piemises I doe hereby ratify and confirtne as if I had actually 
done the same, Witnes my hand this 7th of November 1667 
allsoe 1 promise to defray ye charge my said attys are at in 
and about the premises. 

Signed and delivered in presence of JOHN OGDEN. 
us lohn Richbell 

lonas Houldsworth, 

Papers in Relation to the Topping Pnrcliase, 
Western part of i lie Town. 

Indian Deed to Capt. Topping, 
This writing made the tenth of April 1662 between Weany 
Sunk squaw, Anabackus and lackanapes all of them residents 
of Shinecock near Southampton on Long Island, on the one 
partie and Thomas Topping of Southampton on the aforesaid 
Island on the other partie, Witnesseth that we the said Weany 
Anabackus and lackanapes have given and granted and by 
these presents do give and grant bargain sell, assign and set 
over unto Thomas Topping aforesaid his heirs and assigns for 
ever all our right title and interest that we have or ought to 
have in a certain tract of land lying and being westward of the 
said Shinecock and the lawful bounds of Southampton above 
said, that is to say begin at the canoe place otherwise Niam- 



RECORDS: TOW^ OF SOUTHAMPTON. 16S 

Mck and soe to run westward to a place called and known by 
the name of Seatuck, and from thence to run northward across 
the said Island or neck of land unto a place called the head of 
the bay with all the meadow and pasture, arable land, ease- 
mentsprofits benefits emoluments asisor may becontained with- 
in the limits and bounds before mentioned together with half 
the profits and benefit, of the beach on the south side the said 
Island in respect of fish whale or whales that shall by God's 
providence be cast up from time to time, and at all times, with 
all tlie herbage or feed that shall be, or grow thereon. 

To Have and To Hold, all the forementioned demised prem- 
ises with all and singular the appurtanances thereto belonging 
or ii) any ways appertaining to him the said Thomas, his heirs 
executors, administrators, or assions forever, without the lett 
trouble denial or molestation of us the said Weany, Anabackus, 
and lackanapes our heirs or assigns or any other person or per- 
sons lawfully claiming from, by, or under us our heirs executors 
Administrators or assigns, for and in consideration of the four 
score fathoms, of wampum, or other pay, equivalent to be paid 
unto the said Weany, Anabackus, and lackanapes together 
with those other Indians interested whose names are under 
written, at or before the first day of December next ensueing 
the date h-reof, by the said Thomas Topping or his assigns 
unto the true and faithful performance of all the premises we 
have hereunto interchangeably set our hands. 

In presence of THOMAS TOPPING, 

lames Herrick WEANY X her marke 

lohn Topping ANABACKUS X his marke 

Elnathan Topping JACKANAPES X his marke 

C0B13H X his marke 
TOPOBIN X his marke 
WETAUGON X his marke 



]69 RECC/RDS : TOWN OF SOUTHAMPTON. 

Ir diaii Deed to the Town for Topping's Purcli ise. 

Know all men by these presents, that whereas wee the un- 
derwritten whoe are of the Indians of Shinecock, and under- 
standing that some of our Indians have namely Weany Anno- 
baccus lackanapes & some others have sold unto Capt Topping- 
a tract of land westward from Southampton bounds, wee doe 
hereby make protest against the said sale, and doe affirme yt 
the said persons or Indians had noe right to make any such 
sale, but that ye interest and propriety vnto the said land be- 
longetli totally or principally unto us or some of us, And wee 
the true proprietors of the said lands, doe hereby assigne and 
make ouer, all our said Interest in the said tract of land, lying 
from a place called Niamuck or ye canoe place, westward to a 
place called Seatuck, and soe to run cross ye Island (namely 
Long Island) unto a place called tiie head of the bay, or Pea- 
connet, on the north, weti say wee doe impart and assigne all 
our said Interest in ye said lands, (whereot Qwaajwananruck is 
part) unto our ancient and loving thiends the Townes men of 
Southampton to them and their successors for ever, with this 
proviso & consideration that if General Nicolls whom wee ac- 
knowledge the hon''^' & discreet Governor of this Island doth 
upon examination finde us or part of us to bee the true propri- 
etors of ye said lands before mentioned. And that the said 
Southampton men doe receive and possess the same upon our 
right or accompt, that then they shall pay unto us, as his said 
honor shall determine, Witness our hands this I7th of Sep- 
tember, 1666. 

The mark of X MANDUSH liis daughter 

The marke X of QU AQUAS HAW 

The marke of X ANOINEIS 

The mark of X PUNCH, 

The mark X of Mandush his sonne, 

The mark X of WEETETOSEN, 

The mark X of lONAQUID 

The mark of X GO ABES wife the relic of 

mandush the chief Sachem, 
The mark X of SAWGUM 
The ma/k X of HOAQUEMES, 
The mark of X APUCKHOWBATK, 
The mark of X SOMWESESEN 
lOIIN SMITH X his mark. 



RECORDS : TOWN OF SOUTHAMPTON. 170 

Iiulijins' Agreetiient witli Lion Gardiiior. 

Be it Unowne unro iill men by tliis present writing, tiiat this 
Indenture covenant or Agreement was made the tenth of lune 
in the yeare of our Lord KioS between Wyandance Saciiem of 
Pawmanack with his son Wiacombone and their Asociates, that 
in Sasagataco, Checanon, & mamaneto, on ye other side Lion 
Gardiner tor himself his heirs executors and assigns, that is to 
say that the foresaid Sachem Wiandance hath sould for a con- 
si(]erable sum of money and goods, a certaine tract of beach 
land with all ye rest of ye grass that joynesto it notseperated 
from it by water, wliicli beach begins eastwanl at the west end 
of Southampton bounds, and westward where it is separated by 
ye waters of ye sea coming in out of the ocean sea, being 
bounded, Southwards with the great sea, Northwards with the 
inland water, this land and the grass thereof for a range or run 
for to feed horses or cattle on I say I have sold to the foresaid 
J.ion Gardiner his heirs executor and assigns for ever for the 
sum aforesaid and a yearly rent of twenty five shilling a year 
which yearly rent is to be i^aid to the foresaid Sachem his heirs 
• executors and assigns for ever, iu the eighth month called Oc- 
tober then to be demanded, but the whales that shall be cast 
v[)on this beach shall belong to me, and the rest of the Indians 
in their bounds as they have beene anciently granted to them 
formeily by my forefathers, And also libert} to cut in the sum- 
mer time flags bullruslies and such things as they make their 
mats of provi(Jed they doe noe hurt to the horses that is there- 
on. And that this writing is to be understood according to the 
letter, without any reservation or further Interpretations on it 
we have both of us Interchangeably set to our hands and seales 

Autagraph of Lion Gardiner. 

The SACHEM H mark 
The mark of X his sons WIACOMBONE 
SASAGATACO S mark 
CHECANOE A mark 
MAMANETE S mark 



171 records: town of Southampton. 

Signed Sealed and delivered 
in the presence of us 
David Gardiner 
leremiah Conkling 

I lohn Cooper do accept this writing and promise for myself 
my heir executors and assigns to performe the payment which 
is above specified, Witness my hand this 2S day of December 
165S. In presence of ye underwritten witness 
Thomas Osburne leremiah Conkling. 



At a court of Sessions held at Sessions held at Southold in 
the East Riding of Yorkshire upon Long Island the 7th day of 
lune, by his majesties Authority in the 17th year of ye reigne 
of our sovregne Lord Charles the second by the grace of God 
of Great Brittain France and Ireland King defender of the faith 
&c and in the yeare of our Lord God 1665. 

Whereas Mr Ogden did sell a parcell of land to the Inhabi- 
tants of the towne of Southampton which was given and grant- 
ed to him by ye late Sachem Wyandance & his son, with a res- 
ervation of twenty five shillings a yeare to him and his heirs 
after the expiration of some years which Thomas Halsey hath 
or had therein, this court doth order that the s^id some of 
twenty five shillings so reserved to be paid yearly as aforesaid 
(when Thomas Halseys time shall be expired) shall be payed 
unto the sunk squaw daughter & heire to the said sachem, & 
to her heires and assigns according to the Intrest of the grant 
above mentioned by the persons in Possession of the said lands 
who may claim their satisfaction for Mr Ggden who sold it to 
them. By me 

RICHARD TGRRY, 

Clark of the sessions. 



Know all men by these presents that whereas it is demon- 



RECORDS: TOWN OF SOUTHAMPTON. 170 

struted by some special writings that a certain Annual payment 
was to be pai(i by clie towns of Southampton unto Meantauk 
Indians, which payment seems to bee confirmed to them by the. 
Court of Sessions held at Southold lune the 7th 1665. 

And whereas the said Indians have by the sunk squaw & 
chief of them, in behalfe of all, constituted me Thomas James 
their lawfnll Attorney or agent to act for tiiem respecting the 
premises, I say upon the grounds before mentioned, and upon 
the receipt now of eight trucking clotli coats for the said Indi- 
ans doe resigne up unto the towne of Southampton, or for their 
use the two original deeds from the said Indians with ye order 
of ye said court and my letter of Attorney &c. And by vertue 
of my said power from ye said Indians doe in their names for 
ever wholly acquit the said Southampton their iieyres & suc- 
cessors of all and every part of that foresaid, or any anall pay- 
ment that was to be paid, or migiit on any accompt whatsoever 
bee claimed from Southam[)ton or any of the said town, by the 
said Indians of Meaotuck, or any particular of them. In wit- 
nes whereof I have hereunto set my hand this 17th day of lan- 
uary An. Dom, 1670. Witnes my hand 

In presence of us THO. lAMES. 

lohn Stanton Gershum Culver. 



'I he Governor's Deterniiiiation. 

Whereas Mr lohn Howell, and Henry Pierson are deputed 
by the town of Southampton to prosecute or conclude a differ- 
ence with Capt Thomas Topping, which difference hath also 
relation to lohn Cooper, in respect of his claime of Interest, to 
which end all ye said parties shewed severall writings whereof 
were three deeds, one of these from lohn Scott to Southampton 
men, another from som« ofShinecock Indians to Capt Topping 
and the other from Lyon Gardiner to lohn Cooper, Now 
know all persons by these presents that ye said parties nimely 
Capt, Thomas Topping, the said deputies from Southampton • 
and lohn Cooper, have fully and absolutely reffered themselves 



J73 RECORDS : TOWN OF SOUTHAMPTON. 

to my deterniination in the premises whereupon (with the con- 
sent of ye said parties) I doe conclude and determine as follow- 
eth, yt they the said Capt. Topping and lohn Cooper shall 
fully and freely (upon demand) deliver unto the town of South- 
ampton all their deeds, writings and evidences that they have 
of a certain tract of land now in contraversie between them, 
and whiehHhe said towne purchased of lohn Scott as by his 
deed aforesaid, appeareth, and all the right and interest that 
ye said Capt Topping and lohn Cooper have by the said deeds 
or any other way or means obtained, in the said tract of land 
meadows or beach mentioned in their said deeds is belonging, 
doth and shall belong unto the towne of Southampton, (viz) 
(that have and doe pay purchas) and their successors forever, 
herein only profits of whales excepted. And they the said Capt. 
Topping and lohn Cooper and either of them shall hereafter 
sign any instrument in writing thit may be madeforyefurther 
confirmation of their said Interest vnto the said Southampton, 
And in consideration whereof the towne of Southampton shall 
pay to him ye said Capt. Thomas Topping or his assignes the 
sum of five pounds, and they shall alsoe pay unto ye Indians 
(concerned to receive it) four score fathoms of wampum, tho 
wampum being accompted at six per penny, or soe much in 
value in pay equivelent, the same to be diistributed to all the 
Indians (according to ^e interest they had in ye premises pur- 
, chased) at ye best discretion of Mr lohn Howell Henry Piei- 
sOn and Richard Howell. Also the said towne shall let him 
the said Capt. Topping have 150£ allotment in ye said mead- 
ows before mentioned more over I doe determine that ye said 
lohn Cooper shall pay unto him the said Capt Topping the 
some of fifteen pounds besides and above what he oweth unto 
ye said Capt. Topping shall give up his interest in 150,£ allot- 
ment he hath in ye said meadows unto him the said Capt Top- 
ping, all which is in consideration of the interest which he the 
said Capt Topping claimeth in the whales, which may be cast 
upou the beach within the compass of the formentioned pur- 
chase and designed as above written the which interest in all 



RECORDS : TOWN OP SOUTHAMPTON. 



174 



the profits of whales & fish shall belong unto him the said Tohn 
Cooper his heirs and assignes for euer, and hee the said Capt, 
Topping shall at any time hereafter upon Reasonable demand 
signe any deed or writing that is or shall be made further to 
confirm unto the sdd lohn Cooper his heirs and assigns the said 
Intrest in whales or fish &c and he the said lohn Cooper is 
content to accept of what ye town of Southampton shall freely 
pay unto him for the herbage of the beach which he hath re- 
signed up unto the said town as afore said, and this to be the 
ultimate issue and final determination concerning the premises 
and I doe allsoe confirme and assure urito the said town there 
said tract of land with the herbage of the beach &c, and to ye 
said lohn Cooper his said Interest in the i)rofits of whales or 
fish, and defend them and their in ye peaceable enjoyment 
thereof. Against all other claims whatsoever, 

Dated in Fort lames in New York the 3d day of October 
166G. 

RICHARD NICOLLS. 

Recorded in ye office of New York the 1 ith day of march, 
16()(i By mee Matthias Nicolls, Sec. 



Wee underwritten doe testify that on or about the 20th of 
ffeb, l(i()4, before Ca[)t. Topping was chosen to goe to Hemp- 
stead as deputy for tiiis towne of Southampton, At a towne 
meeting endeavors were used to compose the difterence that 
was, or was like to bee, betweene the said town & him, but 
findeing the plurality of Inhabitants together did but spend 
time in argueing to and fro, and put not a period to the busi- 
ness, The towne by raaior voat impovvered three men, namely 
loshua Barnes Richard Pos-t, and Tho Halsey, lun to make a 
finall agreement with the said Capt. Topping, and after some 
space of time that day tlie towne being met together with Capt, 
Topping the said Three men, or some of them, in the name of 
the others, repeated the bargain, or agreement, they had made 



^^W? 



175 RECORDS : TOWN OF SOUTHAMPTON. 

with the Capt. but there being, or seeming to be some ob- 
struction in the business at last it was cleared and removed, 
And the town with the said three men on the one part, and 
Capt Topping on the other, were totally and finally agreed 
and the agreement put to writing or record by the publique 
officer of the town for that purpose who did distinctly read the 
said agreement, unto which agreement both the town and Capt. 
Topping then fully consented, to the truth and verity hereof 
we are free to be deposed when we shall bee thereunto called, 
In witness whereof we have hereunto set our hands this ISth 
day of September 166G. lohn Howell Henry Pierson lohn 
Cooper Isaack Willman Thomas Goldsmith Thomas Coopf r 
lohn Woodruff Robert Woolley William Russell loshua Barnes 
John lagger Francis Sayre, Richard Post Thomas Foster Ir 
Samuel Barker. 

This writing witnesseth an Agreement Betweene lohn Scott 
of Ash ford on Long Island in New England Esq. of the one 
part, And lohn Howell Thirstan Rainer, Robert Fordham 
Tho Halsey Sen gentlemen, Samuel Clark Richard Post & 
lohn lessup yeomen of the other part Witnesseth that the 
said lohn Scot for and in consideration of Seventy pounds to 
be v^^ell and faithfully paid unto hmi, his heirs executors Ad- 
ministrators or assigns in Chattells as they shall be estimated 
by two persons indiferently chosen according to the rate of beet 
and pork at prices currant, All these lands rivers, waters 
woods under woods, timber trees, marsh ground, privileges, lu- 
risdictions, wayes easements, propities emoluments what soever 
that bee the said lohn Scot boght or by any meanes acquired 
of Mr lohn Ogden of Feversham, lying and being bounded, 
west on the south with a creek or river comonly knowne by 
the appfillation of Apancuck, and on the east with Niamuck, 
and North with the south side of ye neck lying betweene the 
first creek called Iron (>eek, And from thence by the path 
from neck to neck to Peaconnet, about eight miles east and 
west (all which lands meadows and privileges north of the said 
path between Peaconnet and the first creek called the iron or 



RECORDS : TOWN OF SOUTHAMPTON. 



17G 



red brook or creek aforesaid, which shall bee and remain not- 
withstanding any patent right, grunted to the parties above 
mentioned their heirs associates & successors by Mr. Farret 
Anno 1639 in absolute estate in free soccage without lett or 
molestation to him the said lohn Scott his heirs and Assigns 
torever. South of the which path tiie said lohn Scott his heirs 
or assignes shall not feed nor common any cattle by vertue of 
Interest in the lands or meadows as bounded North of the path 
aforesaid) Nor the said lohn Howell &c not to bee Tresspass- 
ers fur accidental comondg. until the said lands be fenced. To 
true performance of the premises, articles clauses and agree- 
ments the parties above mentioned have hereunto Interchange- 
ably set to tlieir hands and seals this second day of Feb. An. 
Dom. ItJGU. 

10 FIN HOWELL 

THIRSTAN RAYNER 

lOHN lESSUP 
Signed sealed and de- 
livered in presence of 
Tho. lames 
Cha. Barnes. 



ROBERT FORDHAM 
THOMAS HALSEY 
RICHARD POST 



^lemerandum Mr lohn Ogden being present when the above 
deed was siged and scaled by lohn Scott Esq. hee the said Mr 
lohn Ogden doth by subscribing owne that W3^andanch deliv- 
ered unto him quiet seizen and possession of all the lands above 
recited in part of pay of the four hundred pounds Shinecock 
Indians stood indebted, and the said Wyandanck bound for 
the said Indians. As will more at large appeare in the said 
Wyandanck his obligations for himself, estate and ye estate of 
his Indians his and their heiis and assignes for ever. 
In presence of us lOHN OGDEN, O 

Tho Baker Tho lames. 



177 



RECORDS : TOWN OF SOUTHAMPTON. 



The deposition of John WoodrgfF Jun & Samuel Dayton 
this 2 of feb. 1663. These deponents say that they were 
present when Wyacombone deliveied unto Mr John Ogden 
quite seizen and possession of all ye lands above recited and 
the premises mentioned, and for the end mentioned in Mr 
Ogden his subscriptions above written. 

This taken before me the day and yeare above written. 

THIUSTAN RAYNER. 

A true copy by me Henry Pierson. 



Autograph of Richard Mills, first Town Clerk and Schoolmaster of Southampton. 



^DI^EN^DA. 



Since the present volume was printed, a few fragments of 
loose papers have been discovered, but so torn and dilapida- 
ted as to be almost illegible. They are evidently memoranda 
of the laying out of pieces of land by Jolin Howell, John Jes- 
sup and Henry Pierson. — VV. S. P] 

Monday Jan. 13 1G(37, laid out to Francis Sayre next to 
his owne in ye rear devision, 46 poles easte and weste, and 
18 poles north and south for 5 acres. 

Daniel Sayre on the north side of Francis 46 poles easte 
and weste, North side 52 poles for 15 acres. [These pieces 
are in the rear of tiie land of Wm. Jagger and James Bishop, 
east side of IVLain street, Southampton. — W. S. P.] 

To Job and Joseph Sayre on the North side of Lieutenant 
Post by Francis Sayre, on ye south side 51 poles, on ye north 
side 48 poles on ye easte end 30 poles on ye west end 32 
poles for 10 acres [This is the homestead of late Lewis Jag- 
ger on east side of main street, Southampton, and south side 
of Bishop's Lane.— W. S. P.] 

On the North side of John Jaggers close, after 6 acres for 
Mr. Hampton and 6 acres for Wm Russell we laid out to John 
Bishop 80 poles in length that is easte and west, and 20 poles 
wide J acres. [This is now the west part of the farm of 
Francis R. Bishop fronting the east side of North Sea road. 
The close of John Jagger, is the old Jagger homestead on the 
east side of North Sea road. The above is the first mention 
we have of it, and shows that it was owned by John Jagger 
before 1667. The old house was built in 1707, and was 
burned on the night of Feb. IS, 1S9L— W. S. P.] 

Tuesday laid out to Hen. Pierson on ye easte side of Little- 
worth Hollow, close along by the south side of the mill path. 



] 79 RECORDS : TOWN OF SOUTHAMPTON. 

35 acres, that is SO poles along by the path, 66 poles to the 
marked white oak, for ye westward side &c. Next to him on 
the easte side for Jonas Hower 3 J acres. [Tlie above two 
lots include all the land bounded north by road to Water Mill, 
west by road to Flying Point, or Wickapogue, and east by road 
to Cobb, and includes the homesteads of Samuel Foster and 
Benjamin C. Foster.— -W. S. P.] 

For Thomas Topping on the north side of mill path on the 
east side of Littleworth PIollow :i6 acres. [Now homestead 
of late Capt. Eli White.— W. S. P.] 

Wednesday, for John Woodruff Sen, 20 acres toward tlie 
Millstone brook. [Now part of farm of Capt. Elias White of 
of Seponack.] 

For Samuel lohnes 20 acres towards Thomas Goldsmiths 
close at Seaponack. 

Thursday for Thomas Burnett 10 acres, besides perfecting 
his farme division. 

Friday 20 acres for Mr John Hcwell next to Edward How- 
ell on the north side, and for Mr [Robert] Fordham 50 acres 
on ye north side ye mill path, Thomas Burnetts 10 acres west 
side thereof, [The 10 ;.cres of Thomas Burnett is now the 
homestead of Horace Fanning, bounded south by main road 
to Watermill, and west by the road called David White's 
lane. The 50 acres of Mr. Fordham included the land east 
and north of this, and extended north along David White's 
lane, to land late owned by David Sayre, now John Scott. 
The 1 1 acre lot now owned by James Kavanagh is a part of 
it, and before the Revolution, was owned by Alexander Ford- 
ham, and called "Sanders' close" or Alexander's close. Thom- 
as Burnet sold his 10 acres to John Howell in exchange for 
land next to the Littleworth Hollow road. — W. S. P.] 

March 20, To John Davis at Towd, east line 26 polts west 
56 poles. South 24, North 34 poles, all at 7 acres, the otiier 
allotted because of the beach. Nearer home against Towd 9 
acres i, which is for 4 acres on Saggaponach Devision, 5 



RECORDS : TOWN OF SOUTH AMFl'ON. 1 ^0 

acres on ye next Division and 7 acres on ye last Division 
To John Rose, 5 acres on ye north side lohn Woodruff ad- 
joining to him, as himselfe shall esteeme necessa»'y. 

Hitherto is 21 c'ayes. Next morning 3 of us laid out to 
John Jessup his land in the east etide of ye little playne, but- 
ting against Joseph Rainer, 6 acres and il2 poles. 

June 19 laid out to Mr. Fordham on the north side of his 
toylesome close, 6 acres J. At Saggaponach in autumme 
ItiOS laid out to John Topping against his house, ye highv/ay 
betweene, 10 acres for liis 50, Next to it west side for Josi- 
ah Stanborough 15 acres. For Josiah 24 acres at the pond 
towards East Hampton which was due him on a former divis- 
ion. 

Dec, KiGS layed out ye west line of Edmund Howells, 
40 poles deep north and south, against ye hn-ad ol the creeke, 
hee to take Lis some of 20 acres on the east side of the said 
luje, leaving a highway of 12 j>oles betweene him and Tliom- 
as Halseys close. [This seems to be the land afterwards 
owned by James Cooper, on the north side of Hill street and 
next east of the Shinecock Hills, and now homestead of Robert 
Woodburn and land adjoining. — W. S. P.] 

Laid out for Isaac Willman against the swamp as one goes 
to Seaponack, 50 poles north and south at both ends, and 82 
poles long for 25 acres ^ 

Apoynted to Robert Woolley to take his 15 acres (ex- 
changed with him by the towne) by his father's land laid out 
unto him, on the west side of the millstone brook, and they 
have liberty to lay it as much upon the square as they see 
goode. 

Dec, 25 1668, Perfected Isaac Halseys 30 acre lott, next to 
him laid out to Sars. Clark, 30 acres, there being due to him 
4 acres on Sagaponach Division, on ye second Division 10 
acres, on ye third 20, ye other 4 acres was laid out before 
betweene John Loughton and VVm Russell, that land laid out 
to him formerly by the Clay pitts was in liew of his right 



381 RECORDS: TOWN OF SOUTHAMPTON. 

from, Sam Dayton in Sagaponach Division [The 30 acres of 
Isaac Halsey is now the homestead of Samuel Elliston on west 
side of North Sea road, and south side of Seponack lane The 
30 acres of Samuel Clark was directly opposite, on north side 
01 Seponach lane. — W. S. P.] 

May 19 1669, at ye request of lohn lagger. lohn lessup 
and Hen. Pierson went and measured over John Jagger his 
land between lohn Cooper and Isaac H-alsey, it being wanting 
of measure and that of his neighbor's intrenched upon it 
LI he lot of John Jaggeris on the west side of North Sea road 
and IS the farm of Charles }lenry Halsey, and the land of 
C^eorge Hallock, late farm of Septer Jackson. The railroad 
runs through it. — W. S. P.J 

Sept 16G6 Laid out to Ben. Davi. ye eight acres given him 
by the Towne on the north side of said 6 acres of lohn Coon- 
er with some allowance to Ben in respect of the Sandy hill 
[ThisisthelotoflateCapt.Geo-geG. White, next south of 
the Union School house in Southampton, and includes a part 
ofthe home farm of Mrs. Maria J. Howell, formerly of her 
lather Capt. Mercator Cooper. — W. S. P."j 

Memorandum that whereas lohn Cooper gave way yt Mr 
Phillips should have an acre northward to ye widow Bri^os 
home lot, it is concluded by ye layers out that according'to 
ye condition of fohn Coopers grant if ever ye towne ^jve up 
the highway then lohn Cooper is to have that acre toliis lot 
[The home lot of widow Briggs and Zerubabel Phillips was 
next south of tiie house of Mrs. Maria J. Howell (late of her 
father Capt. Mercator Cooper) on west side of Windmill l-inP 
Southampton.— W. S. P.] ' 

Oct 24 1671 Laid out to John Tennison ye spare land be- 
tween .John Loughton and Samuel Clark, leaving ye highway 
of 4 poles wide next to Mr Loughton, ye said land' staked out 
30 poles long and 1 1 poles wide at both ends. Also 20 acres 
northward of Job and Joseph Sayre their 10 acres, ye s.id 20 
acres running SO poles long and 40 poles wide, there being 



N0V23'y48 



RECORDS : TOWN OF SOITIHAMPTOX. 1 S2 

laid out a high way of 6 poles wide betweene ye said Sayre 
and Tennisons their said land. [The first piece is now the 
homestead of Livingston Bowden on east side of North Sea 
road. The second piece is on the east side of main street, 
Southampton, and ncrth side of Bishop's Lane, and is now 
owned by Walter L. Jagger. — W. S. P.J 

Nov. 28 1671, Laid out to Arthur Howell by Sagga pond 
20 acres, whereof 10 is in ye right of Capt. Howell. The 
south and north line 60 poles, the east and west line about or 
neeie 56 poles. [This is on west side of Sagg pond, and is 
probably part of land of Bridge-Hampton Improvement Co. 
— W. S P.] 

To Jacob Wood 8 acres by Arthur Howells land where his 
house stands. [This is on south side of Mecox street near 
road running north to Bridge-Hampton. — W. S. P.] 

And to lohn Beswick, 4 acres. 

And by consent of 3 of the layers out of land namely Capt. 
Howell lohn lessup and Henry Pierson, granted to Lieuten- 
ant [Richard] Post to take up in liew of his land at Long 
Springs 15 acres on the east end of Samuel lohnes land. 
[This is the homestead of the late Albert Reeves, west side of 
Main street of Southampton, north of the railroad, and now 
owned by Mrs. Harriet Rogers. — W. S. P.] 

Aug. 23 1676 Laid out to Benony Newtons 6 acres upon 
the eastward side of Lohn Beswicks, 40 poles north and south 
and 24 poles east and west, 4 acres thereof upon lohn Coop- 
rrs account and 2 acres on the account of Joseph Ludlum. 




Grave STo^'E, Southampton, 169G. 



LIBRARY OF CONGRESS