East-Hampton Pattent

by Thomas Dongan

Thomas Dongan, Captain Generall, Governor-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 their Royall Highness, James Duke of York and Albany, &c.. Now his present Majesty fo 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, ratifie, confirm and grant 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 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 assigns, 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, and 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 premises within the limits and bounds Aforementioned, described, belonging 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 patentees and their associates, their heirs, successors and assigns forever. Moreover the said Richard Nicholls, Esq. Governour as aforesaid, did thereby ratifie, confirm and grant unto the said patentees and their associates their heirs, successors and assigns, all the privileges belonging to a town within this Government, and that the place of their present habitation shall continue and retain 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 acknowledgments 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 theretractsunto had may more fully appear, and whereas there is part of a certain tracts land within the bounds an limits aforesaid, commonly called Montauk, which remains 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 the 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, successors 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 this most sacred Majesty aforesaid and in pursuance of the same, for and in consideration of the the Quitrent hereinafter reserved, and other good and lawful considerations me thereunto moveing, have granted, ratified, released and confirmed, and by these present 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 commonalty 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, 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 belonging or in any wise appertaining or 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, 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 commonalty 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 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 commonalty 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 called Montauk, and none others; to have and to hold all the before recited tract of land and premises with their and every of their appurtenances unto the said Thomas James, Capt. Josiah Hobard, 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 freeholders and commonalty 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 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 an concerning all and every such parcell or parcells, tract or tracts of land, remainder of the granted premisses not yet take up or appropriated to any other 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, mad as tenants in common, without any let, hindrance or molestation to be had or reserved upon pretence of joint tenancy or survivorship, anything contained herein to the contrary thereof in anyways notwithstanding. And as for and concerning that part of the afore recited tract of land that remains as yet unpurchased of the Indyans commonly called Montauk, together with all and singular the appurtenances thereunto 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 BEHOLDEN to 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, acknowledgments and demands whatsoever; and further by virtue of the power and authority to me, the said Thomas Dongan, given as aforesaid, and in pursueance of the same, and for the reasons and considerations above recited, I have willed, determined, declared, and granted and by these presents to will, declare, determine and grant, that the said inhabitants and Freeholders, the freemen of East-Hampton aforesaid, commonly called by the name 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 hencefoward 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 in 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 t heir successors, by ye name of the Trustees of the Freeholders and Commonalty 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, bout 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 yeare 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 or acts, to do and execute by the name aforesaid'; and that by the same name of ye Trustees of the Freeholders and Commonalty of the town of East-Hampton, 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, quantity 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 henceforth, 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 here hereafter is mentioned 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 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 time shall be made and ordered by 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; 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, until the time that others be elected and chosen in their stead, according to the manner and form hereinafter 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 as aforesaid. And lastly I give and grant, for and on behalfe of his said Majesty, his heirs and successors by these presents to all and every person and persons, and to whatsoeverperson, subject to his said Majesty, his heirs and successors, free and lawful power, ability and authority that they or any of them, nay 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 AND TO 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 of New-York, Wherefore by virtue of the power and authority aforesaid, I do, will and command, for and on behalfe 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, customes, 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 persons 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. One thousand six hundred and 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. B. CORTLANDT
MR. JOHN SPRAGGE
MAJOR JARVIS BAXTER

This Pattent was approved of - J.L. Swinton, Cl. Council.

May it please you Excellency. The Attorney General hath perused this Pattent, and findes nothing contined therin prejuditiall to his Majestye's interest.

Examined December ye 9th, 1686 - J.A. Graham