COPY DEED OF 1660
This Indenture, made the first day of August, in the year of our Lord
One thousand Six hundred and Sixtie, between the Old Sachem Squa, late
wife of Wiandance, Deceased, and her son Wiancombone. Pogantone, Chekanow,
Massaquet, Powhe and Gentleman, the true and lawfull proprietors of the
neck of Land Commonly known by the name of Meantauquet, on the Eastern
end of Long Island, the one partie, and Mr. Thomas Baker, Mr. Robert Bond,
Mr. Thomas James, Mr. Lion Gardiner, Mr. John Mulford, John Hand and Benjamin
Price, of the Plantation of Easthampton, on the Island aforesaid, the other
partie, Witnesseth, that the abovenamed Sachem Squa, together with her
Son Wiancombone, Pogatone, Chekanow, Massaqut, Powhe and gentleman, together
with their associates, do by these presents, fully Confirm, hold good,
and firmly maintain and avouch the former contract or bargain, made between
the aforesaid Wiandance and his associates, the one partie, and the Inhabitants
of the aforesaid Easthampton, the other partie, and do by these presents
acknowledge to have fully and firmly sold, Aliened, enfeoffed and Confirmed,
and allso do by these presents, fully, firmly, and absolutely give, grant,
aliene, enfeoff, Sell and Confirm, unto the aforesaid Thomas Baker, Robert
Bond, Thomas James, Lion Gardiner, John Mulford, John Hand, and Benjamin
Price, together with their associates, all the aforesaid neck of Land,
called Meantaquit, with all and Every part and parcel thereof, from sea
to sea, from the utmost end of the Island, Eastward to the sea side, unto
the Other End of the said Land, westward adjoining to the bounds of East-Hampton
aforesaid, with all and Singular its rights, priviledges, members, Jurisdictions,
immunities, and appurtenances whatsoever, with Meadow, Wood, Stone, Cricks,
ponds, with whatsoever doth, or may grow upon or issue from the same, with
all profits and Commodities by Sea or Land unto the aforesaid Inhabitants
of East-Hampton, their heirs and assigns forever, to have and to hold,
and from time to time forever peaceably to enjoy the same, without Disturbance
or Molestation from the aforesaid proprietors or their Associates, or any
of their heirs or Assigns, or any other by their means, Consent, or procurement,
for the Consideration of One Hundred Pounds Sterling, to be well and truly
paid in manner as followeth, viz: that the aforesaid Thomas Baker, Robert
Bond, Thomas James, Lion Gardiner, John Muiford, John Hand,
and Benjamin Price, and their Associates, the Inhabitants of Easthampton,
do well and truly and duely pay unto the aforenamed Indians their heirs
or assigns, the full and Just Sum of ten pounds Sterling every Year, either
in Indian Corn, or else in good Wampumpeauge, at five a penny, until the
end of ten Years be Expired, and afterwards to be wholly and fully freed
from any further or future demand or demands forever; and furthermore,
we, the aforesaid owners and preprietors of the aforesaid Land, for the
full Confirmation of all and Every of the premises, Do acknowledge to have
given peaceable and quiate posses sion of the Land aforesaid, to the aforesaid
purchasers, and in token hereof, have diged up a piece of said land and
delivered it as our act and Deed, into the hands of the inhabitants of
Easthampton: and also do acknowledge to have Received the full Sum of ten
bushels of Indian Corn, in part of payment of the first ten pounds; and
in Witness of all and every of the Premises, we have Each Partie set too
our hands and seals, the day and year first above written.
The Corn to be paid at 4s. a bushel.
Signed by the marke under seal, of WIANCOMBONE, SACHEM SQUA, and others,
Parties of the first part.
Sealed and Delivered in presence of us RICHARD SHAW.
The mark of JOHN.
COPY DEED OF 1661
Be it knowne unto all men by these presents, that I, the Sunk Squa of
Meantuck, wife of Wiandanch, of late years Deceased, and also I Wionkombone,
Sonne of the foresaid Deceased partie, Sachem of Long Island, together
with Pokkatonn, Chief Counsellor, and the rest of our trusty Counsellors
and associates, send greeting. Know ye, that Whereas there was a full and
firm Indenture made between Mr. Thomas Baker, Mr. Robert Bond, Mr. Thomas
James, Mr. Lion Gardiner, Mr. John Mulford, John Hand, Benjamin Price,
Together with their associates, the Inhabitants of Easthampton upon Long
Island, ye one partie, and I Sunk Squa, and also me Wionkombone, with the
full Consent of my Counsellors and Servants, as also of my two Guardians,
left by my deceased Father, viz: Mr. Lion Gardiner of Easthampton, and
Mr. David Gardiner, of ye Isle of wight, ye other partie, in ye yeere of
or Lord One Thousand Six Hundred Sixtie, upon ye sixt day of August, whereby
we did fully and firmly sell unto the said parties, our neck of land called
Montaukut, from sea to sea, from ye utmost end of that neck Eastward Called
wompenanit, to our utmost bounds westward, Called Napeake, with all priviledges
and appurtenances belonging to the same, upon Condition there and then
specified in that foresaid Indenture, and a Counterbond, bearing ye same
Date, signed and sealed to us by ye foresaid parties, Inhabitants of East-Hampton,
by virtue of which Counterbond we had free libertie granted if wee see
cause to sit down again upon ye said Land, this being the full purpose
of us the Sunk Squa, of Wionkombone, Sachem, together with our associates
in Convenient time to sit down to live at ye said Montaukut; know yee allsoe,
that whereas of late years, there havving beene sore Distress and Calamities
befallen us by reason of ye Cruel opposition and Violence of or most Deadly
Enemies Ninnicraft, Sachem of Narhigganset, whose Cruelty hath proceeded
so farr as to take away ye lives of many of or Deare friends and relations,
soe that we were forced to flie from ye said Montouquit for shelter to
our beloved friends and neighbors of Easthampton, whom wee found to be
friendly in our distress, and whom wee must ever owne and acknowledge as
instruments under God, for ye preservation of or lives and ye lives of
or Wives and Children to this Day, and of that Land of Montakut from ye
hands of or Enemies, and since or Coming amongst them ye relieving of us
in or Extremities from time to time; and now at last wee find ye said Inhabitants
of East hampton, our Deliverers, Cordial and faithfull in their former
Covenants, leaving us freely to or own libertie to go or stay, being ready
to perform all conditions of ye foresaid agreem't. After serious debate
and deliberation, in Consideration of that love which we have and doe bear,
unto these our trustie and beloved friends of Easthampton, upon our owne
free and Voluntarie motion, have given and granted, and by these presents
do give and grant and Confirme unto these our friends, ye Inhabitants of
Easthampton, Excepting such as have Exempted themselves from ye former
agreement; and shall from this our grant, all that piece or neck of Land
belonging to Montakut Land, westward to a fresh pond in a beach on this
side, Westward to that place where the old Indian ffort stoode on ye other
side, Eastward to ye new fort that is yet standing; the name of ye pond
being Quanuntowunk on ye North and konkhonganik on ye south, together with
all priviledges and appurtenances belonging to the foresaid land from south
to north, To have and to hold ye same at free Commonage, to be ordered
and disposed of for the benefit of ye aforesaid Inhabitants of East-Hampton,
themselves, their heirs, administrators, Executors and assigns forever;
to possess the same freely and quietly, without any matter of Challenge
clayme or demand of us, ye said Sunk Squa and Wionkombone Sachem, or our
associates, or of any other person or persons whatsoever, for us or in
our name, or for our cause, means or procurement. And without any money
or other things therefor to be yieided, paid or done only for ye said Land,
to us or our heires forever, and shall Justifie the possession of this
foresaid Land, by these said Inhabitants of Easthampton, against any shall
Questin their propertie in the same. Know ye allso, yt this is not only
the Deed of mee, ye Sunk Squa, and Wionkombone Sachem, but allso the act
and Deed of all our associates and subjects, who have hadd formerly any
propertie in ye foresaid Land they having manyfested their consent freely
by a Voate, not one contradicting the same, as allsoe with ye consent of
Mr. Lion Gardiner and Mr. David Gardiner, Whome the Deceased Father left
as Overseers and Gardians of the aforesaid Wiankombone Sachem; know yee
allso yt for ye securing of ye Easterne part of Montaukut Land, which ye
Indians are to live upon, yt the Inhabitants of ye foresaid Easthampton
shall from time to time, keep up a sufficient fence upon ye North side
of ye foresaid pond, and the Indians are to secure ye south side of ye
foresaid pond, from all Cattle, Dureing ye time their Corn is upon the
ground. And then Easthampton Cattle shall have Libertie Eastward, according
to former agreement; and that ye Indians of Montaukut shall have libertie
if they see cause to sett their Houses upon Meantauk land, Westward of
ye said pond, and to have firewood from time to time, on ye foresaid land.
Know also, that whatever Connoe or Deer shall come a shore on ye North
side, on any part of Meantauk Land, Easthampton Inhabitants shall not hinder
ye Sachem of them. And Whereas ye deceased Sachem in his life, freely gave
to Mr. Lion Gardiner and Mr. Thomas James what Whales should at any time
be cast upon Meantauk Land, as allso confirmed by me, Sunk Squa and Wionkombone
Sachem since, and ye rest of our associates, which not being minded when
former agreement was made, I, Sunk Squa, and allso I, Wiankombone Sachem,
together with our associates, doe freely give to ye said Lion Gardiner
and Thomas James, to be Equally divided between them, the first Whale shall
be cast upon Montauket, to them and their heirs or assigns forever, wee
give ye one halfe of all such Whales as shall be cast uppon Montakut land,
and the othet half to be Divided by the Inhabitants of East-Hampton forever.
Know yee, allso yt as the said Inhabitants of Easthampton stand Engaged
to us for pay for that land Eastward of ye foresaid pond, soe wee allso
stand Engaged, neither Directly nor indirectly, to give, let or sell any
part of that land, without consent of Easthampton. Know yee allso, yt if
at any time hereafter, if Either through sickness or warr, or any other
means, it shall come to pass yt ye Indians belongin to Montakut be taken
away, soe yt it shall not bee safe for them to Continue there, that then
those that survive shall have libertie to come to Easthampton for shelter,
and be there provided of land, and to have the former agreement fulfilled,
and to remaine as firme and sure, as though there never had been any such
act or Deed as here is specified, and that duringe the time of the Indians
abode at Montakut, they shall be careful of doing any wrong to the English,
either by their owne persons or doggs, or any other way whatsoever. In
Witness of ye premises wee do here set to our hands. Dated att Easthampton,
Feb. 11, Anno. Dom. 1661.
Signed by the marks of the "SUNK SQUA," "WIANKOMBONE SACHEM," and nine
other Indians, in behalf of the rest.
Sealed, Signed and Delivered in presence of us, EDWARD CODNER, WILLIAM
MILLER.
By deed dated December 1, 1670, reciting that they were bound
in a bond to the commissioners of Francis Lovelace, Governour, for the
payment of four hundred bushels of Indian Corn, which had been forfeited,
and their Lands had likewise been mortgaged for the payment of the same,
the amount of which was One hundred pounds, upon the advice of the "Worshipfull
William Wells of Southold," one of said commissioners, and in consideration
that Mr. John Mulford, Mr. Thomas James, Minister, and Jeremiah Conkling,
Inhabitants of East-Hampton, had become bounden to said Commissioners for
the payment of said Bond, the Indians gave and conveyed to them certain
Lands on Montauk, Bounded as follows: "By us the fors'd parties, Wuchebehsuck,
a place by the fort pond, being a Valley Southward from the fort Hill to
Shahchippitchage, being on ye North side ye s'd Land, mid way between the
great pond and fort pond, so on a straight line to Chebiakinnauhsuk, from
thence to a swamp where the hay stacks stood, called Mahchongitchuge, and
so through the swamp to the great pond, then straight from the hay stacks
to the great pond, so along by the pond to a place called Manunkquiang,
on furthest side the reeds growing on ye South End of the great pond Eastward,
and so along to the sea side to a place called Choppauhshapangausuck, so
straight from thence to the South Sea."
This Deed was signed by "MOUSUP SACHEM," CHEKANOO, and seven others,
including the "SUNK SQUA."
This Deed was confirmed by Governor Lovelace, by an instrument dated
May 23d, 1671. And the interest therein conveyed to them, was by Mulford,
James and Conkling, assigned to the Town of East-Hampton "Feb. 8, 1670-1."
COPY DEED OF 1687
Suffolk
This Indenture made this 25th of July, 1687, Witnesseth that we Wyandanch
and Sasakotako, Sachems of Meantakett, with the consent of the Meautakett
Indians, for divers good causes us thairunto moving, and more aspetially
A vallewable Sum of Money in hand Reseived to the Vallew of One Hundred
pounds, doe allinate, bargain and sell, and by theas presents Have Allinated,
bargained and sold and made over, all our tract of Land at Meantaket bounded
by part of the Fort Pond, and fort pond bay west; the English Land South
by a line Run from the Fort Pond to the great pond, and soe from the south
end of the great pond over to the South Sea, and soo to the utmost extent
of the Island from sea to sea, bounded by the maine otion on the South,
and by the bay or sound on the North side. All which we have sould unto
Leftent. John Wheler, Samwell Mulford, Thomas Osborne, Stephen Hand.
Stephen Hedges, Samwell parsons, John Mulford, Trustees of the freeholders
and comonalty of the town of Easthampton, and Benjamen Osborne, employed
by the trustees to them in the behalfe and for the use of themselves and
these Proprietors, namely, John Hand's Widdow, John Stretton, Thomas Talmag,
Thomas Osborne, John Mulford, Samuel Mulford, Tho's Baker, Thomas Mulford,
widow Elizabeth Baker's two alotments, Samwell fithian, Samwell Brooks,
Joshua Garlick, Richard Shaw, Jacob Scelinger, John Miller, sr., Nath.
Bishup's lott, William Barnes, Samwell parsons, the lot which was Burdsal's,
John Edwards, William Edwards, Left. John Wheler, Capt. Josiah Hobart,
Robert Dayton, Thomas Chatfield, Jeremiah Conkling, Mr. Thomas James, that
lott which was Georg Miller's, that lott which was Jeremiah Meacham lott,
Stephen Hedges, Benjamin Osborn, that which was Thomas Osborn's lott, John
Hopin, Thomas Diament's lots, Stephen Hand, John Osborn, to them thair
heirs assigns and to every of them their respective hairs, assigns assigns
and administrators, all and every of the demised premises, To Have and
to hold, to Injoy and poses, to them and their Hairs for Ever, with all
priveleges and apurtenances thair unto belonging, without the least Lett,
hindrance or molestation by or from us, our heirs or assigns, or any in
our names; and we doe by these presents, give them possession, with turf
and twige, and Ingadge to give them further and better security, as any
larned counsel in the Law shall thinke meete for their security and safety,
thay being at the charg of writing. And for the trew performance here off,
wee have hereunto sett our hands and fixed our seals, the day and year
first above written.
Signed by "WEYANDANCH" and 17 others under seal, and acknowledged before
"JOHN HOWELL, Justis," August 3d, 1687. Attest,
JOHN MEREDITH,
THOMAS HARIS.
There are numerous other Deeds and agreements in relation to the Land
of Montauk. In March, 1702-3, a final Deed was taken from the Indians,
by the Trustees of the Town, for the Land conveyed by the Deed of July
25th, 1687, and confirming the purchase of that date, to the Trustees,
for the use and benefit of the proprietors, and acknowledging the receipt
of part of the purchase money therefor, from said Proprietors. At the same
time a Lease was executed by the Trustees, to the Indians, vesting them
with the limited enjoyment of either of two fields, in themselves and their
posterity.
In 1702, Doctor John Bridges and Rip Van Dam, obtained from Lord Cornbury,
a License to purchase of the Indians, "Vacant and unappropriated lands
in Suffolk County." Under that License, they obtained from the Montauk
Indians, a Deed of that part of Montauk lying east of Fort Pond, and claimed
title thereto. By Deed dated May 30, 1712, the title or claim of Van Dam
was assigned by him to Samuel Mulford, and Mulford, by endorsement on the
same, assigned it to the Trustees of the Town, for the use of the purchasers
mentioned in a Deed made July 25th, 1687, and only unto them their heirs,
&c., the 23d December, 1712. In 1720-1, Mulford confirmed his assignment
of December, 1712, and acknowledged that the Proprietors of Montauk, had
paid him all the money he had expended in procuring the assignment of Van
Dam's claim,
Dougan's EAST-HAMPTON PATTENT--1686
Thomas Dongan, Captain Generall, Govornor-in-Chiefe and Vice Admiral
of the Province of New-Yorke and dependencyes, under his Majesty James
ye Second, by the grace of God, of England, Scotland, France and Ireland,
King, defender of the faith, &c. To all to whom this shall come, sendeth
greeting:--Whereas Richard Nicholls, Esq., Governour General under his
then Royall Hignness, James Duke of York and Albany, &c. Now his present
Majesty of all his territoryes in America, did by a certain writing or
Pattent, under his hand and seal, bearing date the 13th day of March, in
the 19th year of his late Majesty's Reign, and in the year of our Lord
1666, ratifle, confirm and graunt unto Mr. John Mulford, Justice of the
Peace, Mr. Thomas Baker Thomas Chatfield, Jeremiah Conklin, Stephen Hedges,
Thomas Osborne, Senior, John Osborn, as Patentees for and in the behalf
of themselves and their associates, the freeholders and Inhabitants of
the town of East-Hampton, situate, lying and being in ye East riding of
Yorkshire, upon Long Island, in the easternmost part of said Island, and
to their heirs, successors and assigus, all that tract of land which already
hath been or that hereafter shall be purchased for and on the behalfe of
the said town, whether from the Natives Indyan Proprietors or others within
the bounds and limits set forth and expres't; that is to say there West
bounds beginning from the East limits of the bounds of Southampton, as
they are now laid out and staked according to agreement and consent; so
to stretch East to a certain Pond, commonly called the Fort Pond, which
lies within the old bounds of the lands belonging to the Montauk Indyans,
and from thence to go on still East to the utmost extent of the Island;
on the north they are bounded by the Bay, and on the South by the Sea or
Maine Ocean. All which said tract of Land within the bounds and limits
before mentioned, and all or any plantations thereupon, from henceforth
are to belong and appertaine to the said town, aud be within the jurisdiction
thereof, together with all Havens, Harbours, Creeks, Quarries, Woodlands,
Meadows, Pastures, Marshes, Waters, Lakes, Rivers, Fishing, Hawking, Hunting
and Fowling and all other Profits, Commodityes, Emoluments and hereditaments,
to the said tract of land and premisses within the limits and bounds Aforementioned,
described, bolonging, or in any Wise appertaining, TO HAVE AND TO HOLD
all and singular the said lands, hereditaments and premises with there
and every of their appurtenances and of every part and parcell thereof
to the said Pattentees and their associates, their heirs, successors and
assigns, for the proper use and behoof of the said patantees and their
as ociates, their heirs, successors and assigns forever. Moreover the said
Richard Nicholls, Esq. Governour as aforesaid, did thereby ratifie, confirm
and graunt unto the said patentees and their associates their heirs successors
and assigns, all the priviledges belouging to a town within this Government,
and that the place of their present habitation shall continue and retaine
the name of East-Hampton, by which name and stile it shall be distinguished
and known in all bargains and sales, deeds, records and writings, they
the said pattentees and their associates, their heirs, successors and assigns
rendering and paying such dutyes and acknowledgements as now are or hereafter
shall be constituted and established by ye laws of this Government, under
the obedience of his Royall Highness, his heirs and successors as by the
said writing or pattent, recorded in the Secretary's office, relation being
thereunto had may more fully appear, and whereas there is part of a certain
tract of land within the bounds and limits aforesaid, commonly called Monatak,
which remeins yet unpurchased from the Indyans: and whereas Samuel Mulford
and Thomas James, some of the freeholders of the said town of East-Hampton,
by the request of the rest of the freeholders of said town have made application
unto me that I would grant liberty unto the freeholders of said town to
purchase said tract of land of the Indyans, and that the fee and inheritance
thereof may only belong unto the freeholders of said Town, their heirs,
suceessors and assigns forever, and that I would confirme the premises
by pattent, under the seale of the province. Now Know Yee, that I, the
said Thomas Dongan, by virtue of the power and authority to me derived
from his most sacred Majesty aforesaid and in pursuance of the same, for
and in consideration of the Quitrent hereinafter reserved, and other good
and lawful considerations me thereunto moveing, have granted, ratified,
released and confirmed, and by these presents do grant, ratifie, release
and confirm unto Thomas James, Capt. Josiah Hobart, Capt. Thomas Talmage,
Lieut. John Wheeler, Ensigne Samuel Mulford, John Mulford, Thomas Chatfield,
senior, Jeremiah Conkling, Stephen Hand, Robert Dayton, Mr. Thomas Baker
and Thomas Osborne, freeholders and inhabitants of East-Hampton, hereinafter
erected and made one body corporate and politique, and willed and determined
to be called by the name of the Trustees of the freeholders and comonalty
of the town of East-Hampton and their successors, all the aforesaid tracts
and necks of lands within the limits and bounds aforerecited, together
with all and singular the Houses, Messuages. Tenements, Buildings, Milnes,
Milndams, Fenceings, Inclosures, Gardens, Orchards, Fields, Pastures, Woods,
Underwoods, Trees, Timber, Feedings, Common of Pasture, Meddows, Marshes,
Swamps, Plaines, Rivers, Rivulets, Waters, Lakes, Brooks, Streams, Beeaches,
Quarries, Mines, Mineralls, Creeks, Harbours, Highways and easements, fishing,
Hawking, Hunting and Fowling, (silver and gold mines excepted,) and all
other Franchises, Profits, Commodityes and hereditaments whatsoever, to
the said tracts and necks of land and premises belonging or in any wise
appertaining or therewithall used, accepted, reputed or taken, to belong,
or in any wise to appurtaine, to all intents, purposes and constructions
whatsoever, as also all and singular the rent, arrearages of rents, issues
and profits of the said tract of land and premises heretofore due and payable,
as also I do by these presents give and grant full power, licence and authority
unto the said Trustees of the Freeholders and comonalty of the said town
of Easthampton and their successors, to purchase the said tract of land
of the Native Indyans, commonlly called Montauk, and if it should so happen
that the said Indyans should be unwilling to make sale of the said tract
of land, commonly called Montauk, within the limits aforesaid, then I further
will and determine on behalfe of his most sacred Majesty, his heirs and
successors, that the said Trustees of the freeholders and comonalty of
the town of East Hampton aforesaid, and their successors forever, shall
at all times hereafter be the only persons capable in the law for the purchase
of the said tract of land, commonly cailed Montauk, and none others: to
have and to hold all the before recited tract of land and premises with
their and every of their appurtenancies unto the said Thomas James, Capt.
Josiah Hobart, Capt. Thomas Talmage, Lieut John Wheeler, Ensigne Samuel
Mulford. John Mulford, Thomas Chatfield, senior, Jeremiah Conklin, Stephen
Hand, Hobert Dayton, Mr. Thomas Baker, Thomas Osborne, Trustees of the
freholderes and comonalty of the town of East-Hampton, and their successors
forever, to and for the severall and respective uses following, and to
no other use, intent and purpose whatsoever; that is to say as for and
concerning all and singular the severall and respective parcells of land
and meadow part of the granted premises in any wise taken up and appropriated
before the day of the date hereof, unto the severall and respective present
freeholders or inhabitants of the said town of East-Hampton, by virtue
of the before recited deed or pattent to the only use, benefit and behoofe
of the said respective present Freeholders and Inhabitants and their severall
and respective heirs and assigns forever; and as for and concerning all
and every such parcell or parcells, tract or tracts of land, remainder
of the granted premisses not yet taken up or appropriated to any particular
person or persons by virtue of the before recited Deed or Pattent, to the
use, benefit and behoof of such as have been purchasers thereof and their
heirs and assigns forever, in proportion to their severall and respective
purchases thereof, made as tenants in comon, without any let, hindrance
or molestation, to be had or reserved upon pretence of joynt tenancy or
survivorship, anything contained herein to the contrary thereof in anyways
notwithstanding. And as for and concerning that part of the aforerecited
tract of land that remains as yet unpurchased of the Indyans commonly called
Montauk, together with all and singular the appurtenances thereto belonging,
unto the only proper use, benefit and behoof of the said Trustees of the
freeholders and commonalty of the town of East-Hampton, and their successors
forever TO BE HOLDEN of his said Majesty, his heirs and successors, in
free and common soccage, according to the manour of East Greenwich, in
the County of Kent, within his Majestye's realme of England, yielding,
rendering and paying therefor, yearly and every year from henceforth, unto
our Soveraigne Lord the King, his heirs and successors, or to such officer
or officers as shall be appointed to receive the same, the summ of one
Lamb, or the value thereof in current money of this province, upon the
five-and-twentyeth day of March, at New-York, in full of all rents or former
reserved rents services, acknowledgements and demands whatsoever; and further
by virtue of the power and authority to me, the said Thomas Dongan, given
as aforesaid, and in pursuance of the same, and for the reasons and considerations
above recited, I have willed, determined, declared and granted, and by
these presents do will, declare, determine and grant, that the said Inhabitants
and Freeholders, the freemen of East-Hampton aforesaid, commonly called
by the name of the freeholders and Inhabitants of the town of East-Hampton,
or by whatever name or names they are called or named, and their heirs
and successors, forever henceforward, are, and shall be one body corporate
and politique in Deed and name, by the name of the Trustees of the Freeholders
and Commonalty of the town of East-Hampton, and them by the name of the
Trustees of the Freeholders and Commonalty of the town of East-Hampton,
one body Corporate and Politique in deed and name, I have really and fully,
for his said Majesty, his heirs and successors, erected, made, ordained,
constituted and declared by these presents, and that by the same name they
have succession forever; and that they and their successors, by ye name
of the Trustees of the Freeholders and Comonalty of the town of East-Hampton,
be and shall be forever in future times, persons able and capable in law,
to have, perceive, receive and possess, not only all and singular the premises,
but other Messuages, Lands, Tenements, Privileges, Jurisdictions, Franchizes
and Hereditaments of whatsoever kind or species they shall be, to them
and their successors in office forever, or for the term of a year or years,
or otherwise whatsoever manner it bee, and also goods, chattels and all
other things of whatsoever name, nature, quality or species they shall
bee; and also to give, grant, release, aliene, assigne and dispose of lands,
tenements, hereditaments, and all and every other thing and things, act
and acts, to do and execute by the name aforesaid; and that by the same
name of ye Trustees of the Freeholders and Commonality of the town of East-Hamton,
to plead and be impleaded, answer and be answered unto, defend and be defended.
They are and may be capable, in whatsoever place and places, and before
whatsoever Judges and Justices or other persons or officials of his said
Majesty, his heirs and successors, in all and all manner of actions, plaints,
suits, complaints, causes, matters and demands whatsoever, of what kind,
quality and species the same may be and shall be in manner and form as
any other of his Majestye's liedge people within this province can or are
able to have, require, receive, possess, enjoy, retaine, give, grant, release,
alien, assign and dispose, plead and be impleaded, answer and be answered
unto, defend and be defended, do permit or execute. And for the better
enabling of the freeholders and Commonalty of the town of East Hampton
aforesaid, in doing and executing all and singular the premises, I have
willed, granted, determined, and by these presents do will, grant and determine,
that from henceforward and forever hereafter, the said trustees of the
freeholders and commonalty of the town of East-Hampton, do and may have
and use a common seal, which shall serve to execute the causes and affairs
whatsoever, of them and their successors. And further I will, and by these
presents in behalf of his said Majesty, his heirs and successors, that
henceforward forevermore, there be and shall be Trustees of the freeholders
and commonalty of the town of Easthampton aforesaid, to be chosen and elected
as in these presents hereafter is mentioned, who shall be and shall be
called the Trustees of the Freeholders and Commonalty of the town of East-Hampton,
and they and their successors, shall and may at all convenient times hereafter,
upon a publique summons, to be obtained at the request of any three of
the Trustees aforesaid, from any of his Majestye's Justices of the peace
of the said town, or, for default thereof, from any of the Justices of
the County of Suffolk for the time being; assemble and meet together in
the town house of the said town, or in such other publique places as shall
be from time to time appointed, to make such acts and orders in writing,
for the more orderly doing of the premises as they, the said Trustees of
the Freeholders and Commonalty of the town of East-Hampton aforesaid, and
their successors from time to time, shall and may think convenient, so
always as the said acts and orders be in no ways repugnant to the laws
of England and of this province, which now are, or hereafter may be established,
and that they be not in any wise against the true intent and meaning of
these presents. And also I will ordain and determine, that all and singular
the aforesaid acts and orders from time to t??me, shall be made and ordered
by the vote of the major part of the said Trustees of the freeholders and
commonalty of the town of East-Hampton aforesaid, or at least by the major
part of such of them as shall from time to time assemble and meet together
in manner as aforesaid, so allways there be not fewer in number than seven
of the said trustees present at such meetings, so to be held as aforesaid;
and for the better execution of this grant in this behalf, I have assigned,
nominated, created, constituted and made, and by these presents do assign,
nominate, create, constitute and make, Thomas James, Capt. Josiah Hobart,
Capt. Thomas Talmage, Lieut. John Wheeler, Ensigne
Samuel Mulford, John Mulford, Thomas Chatfield, senior, Jeremiah Conklin,
Stephen Hand, Robart Dayton, Mr. Thomas Baker, Thomas Osborne, to stand
and be the first moderne Trustees of the freeholders and commonalty of
the town of East-Hampton, to continue in the aforesaid office from and
after the date of these presents, untill the time that others be elected
and chosen in their stead, according to the manner and form herein after
expressed. And moreover, I do by these presents, for and on behalf of his
most sacred Majesty as aforesaid, his heirs and successors, appoint that
the Trustees of the freeholders and commonalty of the town of East-Hampton,
Constables and Assessors within the town of East-Hampton aforesaid, be
yearly chosen on the first Tuesday of April forever, viz.: twelve Trustees
of the Freeholders and commonalty of the town of East-Hampton, two Constables
and two Assessors, in such publique place as the Trustees for the time
being shall appoint and direct, and that the trustees, constables and assessors
be chosen by the majority of voices or the freeholders and freemen of the
town of East-Hampton aforesaid. And lastly I give and grant, for and on
behalf of his said Majesty, his heirs and successors, by these presents
to all and every person and persons, and to whatsoever person, subject
to his said Majesty, his heirs and successors, free and lawful power, ability
and authority, that they or any of them, any Messuages, Tenements, Lands,
Meadows, Feedings, Pastures, Woods, Underwoods, Rents, Revertions, services
and other hereditaments whatsoever, within the said county of Suffolk,
which they hold of his said Majesty, his heirs and successors, unto the
aforesaid Trustees of the freeholders and commonalty of the town of East-Hampton
and their successors, shall and may give, grant, bargain, sell and alienate,
TO HAVE, HOLD and enjoy, unto the said Trustees of the freeholders and
commonalty of the town of East-Hampton and their successors forever, yielding
and paying therefor unto his said Majesty his heirs and successors, on
the said twenty-fifth day of March, yearly and every year forever, the
full and just sum of forty shillings, current money of this Province at
New-York. Wherefore by virtue of the power and authority aforesaid, I do,
will and command, for and on behalf of his said Majesty, his heirs and
successors, that the aforesaid Trustees of the freeholders and commonalty
of the town of East-Hampton and their successors, have, hold, use and enjoy,
and that they shall and may forever have, and they shall hold, use and
enjoy, all the libertyes, authorityes, customs, orders, ordinances, franchizes,
acquittances, lands, tenements and hereditaments, goods and chattels aforesaid,
according to the tennure and effect of these presents, without the let
or hindrance of any person or person whatsoever. IN TESTIMONY whereof,
I have caused the seal of the said Province to be hereunto affixed, and
these presents to be entered in the secretary's office. WITNESS my hand
at fort James the ninth day of December, On thousand six hundred eighty
six, and in the second year of the reigne of said soveraigne Lord James
the second, King of England, Scotland, France and Ireland, defender of
the faith, &c.
THOMAS DONGAN.
By his Excellency's command,
J. L. SWINTON.
At a counsell held at Fort James, in New-York, the 9th day of December,
1686. Present, his Excellency, the Governour,
MAJOR ANTHONY BROCKELS,
MR. FREDERICK PHILLIPS,
MR. STEPH. V. CORTLANDT,
MR. JOHN SPRAGGE,
MAJOR JARVIS BAXTER.
This Pattent was approved of,
J. L. SWINTON, Cl. Council.
May it please yo'r Excellency. The Attorney General hath perused this
Pattent, and findes nothing contained therein prejuditiall to his Majestye's
interest.
Examined December ye 9th, 1686.
JA. GRAHAM.
Recorded in the Secretary's office for the province of New-York, Lib,
No. 2, Book of Pattents begun 1686.
J. L. SWINTON, D. Secry'r.
East-Hampton, Town Clerk's Office,|
August 5th, 1850. |
I have compared the preceding with the original on file in this office,
fice, and do certify the same to be a correct transcript therefrom.
DAVID BAKER, Town Clerk.
Letter of Freeholders of Suffolk County asserting rights
etc., 1701
COPY FROM JOURNAL OF THE LEGISLATIVE COUNCIL OF THE
COLONY OFNEW-YORK, VOL. I, PAGE 168
The Secretary of this province produced to the board a letter directed
to him, intended a return of the high sheriff of the county of Suffolk
of the writ to him directed for the election of Representatives for the
said County which was ordered to be entered ih the Councill book and follows
in h‘‘c verba:
SUFFOLK, MR. HIGH SHERIFF;
Wee the ffreeholders of this county of Suffolk being mett together
according to precept and finding that the writts presented to us for the
Election of other Ropresentatives therein Required do contain an Infringment
of our Liberties not allowing us to chuse whom we think fittest to trust
in that affair, and so may be a president for our further thralldom wherefore
we cannot at present incline to any further choice having already elected
for this Assembly two, sufficient and Legall persons [in our esteem] of
approved fidelity to his Majesty and who are no aliens but naturall born
Englishmen and in their different capacities have served in many Assemblies
[in time of wars] of greater concernment than this present Assembly is
or can be of and have acquitted themselves as faithful and upright both
to the King's Majesty, and to this province, neither is this County as
??ett convinced of any fault that they have committed why we should reject
them, on which Consideration we acquiese in our former choice of them which
hath been free and without Restraint upon our Liberties as Englishmen.
Soe we bid you farewell.
Signed (Nemine contra dicente) COUNTY OF SUFFOLK.
October ye 8th, 1701, at Southold.
The above mentioned is the Result of the County of Suffolk.
JOHN MULFORD, Sher.
Locus Sigilli.
ORDERED, that an expresse be dispatched with a summons for John Mulford
Esqr High Sheriff of the County of Suffolk to appear before this board
immediately on the Receipt of the said sumons.
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