History of Delaware : 1609-1888, Part 36

Author: Scharf, J. Thomas (John Thomas), 1843-1898. cn
Publication date: 1888
Publisher: Philadelphia : L. J. Richards
Number of Pages: 776


USA > Delaware > History of Delaware : 1609-1888 > Part 36


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fruit trees as if they desired to have enough, not a superfluity." He speaks also of their respect for and strong of body, so they have fine children, and almost every house full ; rare to find one of them without three or four boys and as many girls ; some six, seven and eight sons. And I must do them that right, I see few men more sober and indos trious." In speaking of their lack of diversified husbandry, Peun forgot that their kading erep was tobacco, which, being without slave- almost entirely, they had to cultivate with their own hands. Their intelligence must have been at least equal to their loyalty, for they were more than fully represented, on the basis of comparative pop- ulation, in all the early assemblies, councils and magistrates' courts, under Lovelace and Penn, and they were the only interpreters Penn could get in


Lower, on English surnames), "are said to have been unknown in Sweden before the fourteenth centmy. A month later date timist be assigned as the period when they became permanent, for surnames were not in every case established among the swedes in Pantyhant until some time after the arrival of Penn, when intermarriage, and the more rigid usage of the English, compelled them to adhere to the les oonlanation ; as for example with respect to the twins of fille Partanna, the " son' be- came permanently affixed to the name, and ceased to distinguish the do- gree of relationship." This, however, is not singular with the sounds- mavian people, Mr. Armstrong should have observed. It has prevailed in all countries down to a late joriod, and especially among the English races, where the corruption of surrantes is still going on. Ja had spell- ing can do more harm that bad probont ing, nor is it worse to turn Lorenz, Lavis, Larso into Laisse ijust as common people now plays pro- nonuce arsenal as if it were spelt assenal than to corrupt Esteiling into Stradling, Majoribanks into Marchibanks, Pietce into Purse, Taliaterro into Toliver, Euroughty into Doughty, etc. The Swedish system, how- ever, is a little complicated, and made much more co by the loose spell- ing of contemporary chronicle rs and clerks, Some instances of the trans- mutations of names may help the readerto enlighten him-elf almost there lists. Eric Geranson is Ene, sott of Goran (Jouant, and Gotan ilirati) Ericsson is Goran, son of Erte, a gratulson of Goran. Peter Petersen is Peter, son of Poter ; swensen was originally Swen Nilson, or Neelson. may be found transposed to Jones, as in the case of the son of Jomis Nil son, styled Muntist Mo ns, Mans, Andrew ated Nets Jones Smanetimes the puzzle is made worse liv an alias,-ag , Jantes Justasee thets Hi ki, and Felle Laer-on (adres Put Pelle). changes in orthography have helped materially to contuand nature. Reng-then becomes Bankson and Benson : Boen, Bonde, becomes Bond and Boon : Swensen Verfies Swallaun and Swann : Cock becomes Cook and Cox : Juceum, of Joukin, becomes Yventa ; Kyn, of Kien, Jerome Kern ; Matteuse, Martens The descendants of Lasse Cock, son of the le Cork, may be called esther Allison or Willson. Many eller scandinavian names have been still more violently changed in then ottio graphy in the conise of the tritu- ration of centuries, or in their passare to another language more or less affiliated. This it is listed to detect, leading as we run, that Ulf-team is windy the Danish form of the Norweg an Vulfstan. that in English, Harald binn fattoria is Harold Fairfax : Rollo, Rolf and Ratph are the same. In the lists given dop, Mining, or Halling, bente- Full- In2 ; Gostaissont lecelles Justis, Justice or Justisen , Kyn, Ko ; Con. Colon; Van Colon, Collins : Hasselis, Isthis ; Collins, Cobasbary ; ledrickson, Derrickson; Cock, Rock, ete ; Hendre kson, Hein Tson ; Martin, Morton ; Jwarson, Kopen and hvis . Join. J. H.pp- man, Hoforum ; Wilder, Wheeler : Salon or Nelson, Salam of Nrison ; Fisk is sometimes Fish : Bure, Buien or Burns: 6 inian, Coleman : Brood, Brewer . Anders. Ambrus ; Matt, Mothers ; Jte V. ... Vaso ; Marte, Martin ; Stake, Stark and! Stack ; Breve. Hover : Vamler Weer, Vandiver ; Fehr-seat, Pier-on and Pearson , Paulson, Poulsen ; Paul, Pow.H; Olle, Will, William; Scheintz, Saling. Rasse, These, lai-in : Brita, Brest; first if, Canetasis, Itrute, Inoft, Lesson. I.no: Inemien, Takborn . Ommis n, Emer-off ; Grantrum, Granthato ; become Lear : Lartsun, Lawson ; horon, Joran, Jurien anl Julian; Bengt is Benedict, of Benjamin, or Bennett ; Halling & Howlings ; Se necht is Sinnickaon ; Voorhees, Ferris.


The Swedes, as emigrants from an exceedingly well-watered country, cut up in every direction by havs, sounds, rivers, lakes and fiord-, naturally followed the water-courses in the 'new country. They found a homelike something in the network of stremios back of Tinnecum I-land and thence to the Schuylkill, and in the rivers and meadows about Christiana Creek and the Brandywine. They clang to, those localities tenaciously, and the only thing in Penn's government which roused their re-entment and threatened to shake their loyalty was the attempted interference with their titles to these lands and the actual reduction of their hold- ings by the proprietary and his agents. It is a fact that some of their tenure- were very uncertain and precarious in the eyes of plain and definite English law, and probably the Quakers took advantage of this to acquire escheat titles to many very desirable pieces of land which the Swedes, fancied to be in- disputably their own. The purchasers of New Sweden from the Indians had vested the title to the entire tract bought in the Swedish crown, and this right of property was recognized and exercised by the crown. Two land grants from Queeu Christina are on record in Upland Court, one to Lieut. Swen Schute, and Printz several times solie- ited a grant to himself, which he finally obtained, giving the property to his daughter Armgart, Pap- pagoya's wife. The other land-holders secured their traets in accordance with the fifth article of the Queen's instructions to the " noble and well-born John Printz." In this article, after describing the bounds of the territory of New Sweden, and the terms of the contract under which it was acquired from " the wild inhabitants of the country, its rightful lords," it is laid down that this traet or district of country extends in length about thirty German miks, but in breadth and into the interior it is, in and by the contract, cou- ditioned that " her Royal Majo-ty's subjects and the participants in this Company of navigators may hereafter ocenpy as much land as they may desire." The land thus bought in a single block and attached to the crown was originally managed by the Swedish West India Company. The revenue and public expenses were paid out of an exeise on tobacco,


1


150


HISTORY OF DELAWARE.


and it was the interest of the company to have tobacco planted largely. In part this was ac- complished by servant- indentured to the company, who were sent over and paid regular wages by the montlı.'


In part the land was regularly conveyel to set- tlers who sought to better their fortunes ; finally, criminals and malefictors were sent out to some extent at first to labor in chain-gangs upon the roads and public works. The land secured by set- tlers and servants who had worked out their term of years was granted in fee under grants which eame directly or indirectly from the crown. The difficulties about title, which vexed the swedes. grew out of the changes in the tenure under the Swedish, Dutch, English, and later under Penn's grants, all of them having peculiar features of their own. It is important to understand these differenees, which have not been clearly explained by writers on the subject, some of whom have hastily concluded that the laul tenure system in Pennsylvania originated with Penn's laws. So far as land is concerned. Penn's " great law " and the subsequent enactments were all founded upon the " Duke of York's laws." the titles under which Penn was particular to quiet and secure. 2


1 Mans Kling, hentenant and surveyor. received forty riksdaler per month ; he commanded on the Schuylkill Sundry adventurers, steking experience, received from passage out and intiut nature, hat no pay Olof Person Stille, millwright, teoggs of at statt fare daler, and to be paid for whatever work he dol for the company. Marts Hansson, gunner at the fort and tobacco grower, on wages ; And Is Hausen, servant of the rom- pany, to cultivate tobacco, receiveal twenty riksdaler per year atl a coat ; he served four years. Carl Jusson, book-keeper, sont with the expedi- tion "for punishment," Was afterwards fwored by Puntz, who gave him charge of the storehouse ait Tinnrem, paid him ten riks itler a month wages and recommended the home government to pardon him. Peter Larsson Cork, father ot Low Cock, came out originally for punishment (ein gefangener kuecht, a lanul servant;, receiving his food and clothing and two dollars at the stirt. He was free in four years, and became. afterwards, a judge of Upland Court. These notentural servants were not bully treated, either by the sales of the Friends. Their usual torun of service was four ;vais, and they received a grant of land-gene- rally fifty acres-at the expiration of the term. The system w. uri_in- ally contrived in Maryland, in order to increase the later of the prov- ince, and many of the redemptiness" were persons of good chirac- ter, but without means, who's id their -prvies for four or her year- in order to secure a pass ige ai ross the ocean to the new 'and of promise. A great many redemptioners went to Pennsylvanta during Petites rapime and afterwards, both from Great Britain and the continent of Europe. The terms upon which they were hired to the diferent color us were nearly the same in every case. The following is about the form com- monly used. It may be found in John Galmary She's introduction to Gowan's reprint of Ahop's "Character of the Province of Maryland." London, Ifiori : " The Forme of Bundlinjen ser, it 'Tlus indenture, made the - day of -. in the -- yeare of our Sovrimigne Lord King Charles Ac letweeite - of the our party and - - of the other party, Withseth that the sat - doch hereby covenant, promis and grant to and with the end -- - his Excenters and Assigns, to serve him fintu the day of the date here f. until hu's first atul next arrival! in - and after, for and during the tearme of - yrares, in such wivice and employment as the said - or his sigtes shall there empday him, according to the custime of the country in the like kind In coperbra- tion whereof, the gun - de th pr ani-vand grant, toani with the kutd -to pay for las passage and to find him with Meat. Drinke, Apparell and Lodging, with other necessaries during the said terme ; and at the end of the said terme, to give him one whole 3pares provision of Corne and fifty acres of Land, according to the order of the country. In with sp whereuf, the said - bath herenoto put his hand atud seale the day and yeere above written.


"Sealed and delivered } in the presence of 5


SEAL.


" Penn, in fact, borrowed many other things from the duke's laws,


A transcript of the first grant of land with the limits of the State of Delaware appears in . " York Records" in the recorder's office at Day with a translation in English accompanying it. was granted in 1646 by William Kiett, Dirod : General of the West India Company, at N. Amsterdam, and bears only the date of the 1. and says : " We, on the day and date anderwritt. have permitted and allowed Abraham Plates Simon Root, Jan Andriessen and Peter Harmen- to settle on the South River of New Netherland at take possession of the land- lying on the said Pont River almost opposite to the small island call. . " Vogele Laut or Bird Land, of which lands the . are permitted to appropriate to them-elves on. hundred morgen and to erect thereon four farn . or plantations and to cultivate the same within : year from the date, or sooner, if possible, under penalty of forfeiting this their right." with th privilege of securing other lands by settlement.'


When the Swedes were conquered by the Dutch. in 1655, the articles of capitulation gave the Swede. who desired to leave one year and six weeks in which to dispose of their immovable property, sub- ject, however, to the oath of allegiance. It wa- further provided that such of the Swedes or Finn- who did not desire to go with Governor Risingh, and remained voluntarily. should " have the privi- leges of the Augsburg Confession and have a person to instruet them therein." *


Those who accepted these terms and took the oath of allegiance were :


Jan Eckhoff, Constantius Groenenburgh, Harmon


Janz, Jan Sehoffel, Klaess


Thomassen, Limen Stidden, Lueas


Petersen, Thoomas


Bruyn, Wil-


liam Morris, Gostaffsen Anies.


Mark of


Baernt Jonsen.


Particularly the munch admired provision for ** peacemakers," or arbitra - tots, to present litigation, which provision, by the way, became a doll brass Ietter within ten years after its endetineut, and wasdroppedin Li ti. tenant-Governor Markham's Art of Settlement in loom .. This was tlich more no tively enforced in the duke - live, watch provide that "al ... tions of Debt or Tor-passe under the voice of five pound-Between Noch- bours shall be put to Arbitration of two indifferent persons of the Sich- bourbon, to be nominated by the Constable of the place ; And if either or both parties shall tolive impon any per tene, their Arbitration. The a the next JJustice of the poder, njih notte thereot In the C'ofstable, shut choose there other indiferent persons, who are to na that the Disenter . charge from the first Arlatration, and loath Plaintiff and Defendant ale to by concluded by the award of the persons so chosen by the ju -- t. e."


" The island referred to is now known as Realy Island. The Land Jour not appear to have been invested by the persons named. The name ! Jan Amuessen is thought to be that of lan Andriessen staleap, wir. ow ned the site of Winningbeen, and is mentioned specially as of "da bounds of Christina towne ' in a pitent of October 1. 11a.t.


+ There is no evidence of any Ltod-titles having been granted wlub the territory was subject to the ?wedes.


MANNERS AND CUSTOMS


151


Mark of


Oloff Franien.


Mark of 6


Andries Jonsen.


Mark of Jon Justen.


Mark of


Mathys Esselse.


Mark of


Moens Andriessen.


Mark of


Marten Martense.


Mark of


Lambert Michaelsen.


Mark of


Samuel Petersen.


Of the above, the names of Janz, Jonsen, Stid- den, Petersen, Justen, Groenenburgh and Audries- sen were identified for many years with the history of the State and some are still extant.


When the Dutch settled at Fort Casimir a vil- lage was ordered laid out in the rear of it and lots were given by the Vice-Director to those who desired them. The Swedes were ordered to colonize in villages, but they objected and were permitted to remain undisturbed pending the year and six weeks granted them in the articles of capitalation.


At the expiration of that period, on August 14, 1656, Gregorius Van Dyek, deputy-sheriff, was sent as commissary to the Swedes to colonize them in villages or require their removal. June 12, 1657, the Swedes were directed to concentrate at Upland, Passyonk, Finland, Kinghses-ing on the " Verdrietige Hoeck," or at some other place after notification to the Director-General and the Council.1


In 1656 and 1657 the Dutch granted a few warrants and patents to Swedes, and many others resided on non-warranted lands. Among the Swedes who held warrants under the Dutch were Constantinus Groenenburg, in 1656; Claes Petersen, Barent Jansen, Pieter Harmence, Peter Laurence, Cornelis Steinwyck, Louder Leendersen, Jan Eck- hoff, Jan St. Gaggen and Peter Laurensen, in 1657.


When the English took possession, in 1663, all


1 Of these localities, Verdrietige Hoeck or Vertrecht Hook only was in Delaware. It was the first fast land on the Delaware River above the month of Christina Creek, and is now known as Edgetuoor. There Were many families settled along the shore on marrow lots, extending . tto distance back into the woods, with the homes at the river-front The swedes made other settlements along the shore-one above Vert- ry ht, known as the Bought or Bought ; swanwyck, adjoining New d'as- to , and Cruthe look, further up.


persons holding land without tith- were ordered to obtain them, but the order was disregarded and was again made the subject of official instructions by Col. Richard Mohol: in 1669 and by the Governor and Council in 1671. In che latter year patents were issued, among others, to Captain Carr and Mr. Wharton. Warrants for survey were issued by Col. Nichelle, Francis Lovelace and Sir Edward Andross, as Coverirs of the province, the latter, in 1576, limiting the holding to fifty acres per copiia. In 1678 the reart directs attention to the fact that very few persons have had their land recorded. In the latter part of this year the Goy- ernor officially announced that lands having been taken up and not settled upon nor improved, the same must be recorded and settled upon in six months of be forfeited. In 1680 the New Castle court mode a similiar announcement. Several months later the inhabitants of Croine Hook peti- tioned the Governor to confirm the original Dutch grants held by them. In 1683 William Penn gave public notice that all lands granted during the two preceding years must be settled in twelve months or forfeited. He also gave two years for the pay- meut of quit-reuts and established future quit-rents on a basis of one bushel of wheat for each hundred acres as before. From this time until Delaware became a State, warrants for surveys and patents were granted by the proprietors or by the commis- sioner of the Land Office.


The Swedes, both under Minuit's and later in- structions, were allowed to take up as much land as they could cultivate, avobling land already improved and that reserved for the purposes of the Swedish West India Company. This land, so taken up, was to remain to the possessors and their de- scendants " as allodial and hereditary property," including all appurtenances and privileges, as " fruit of the surface, minerals, springs, rivers, woods, foresta, fish, chase, even of birds, the establishments upon water, windmills, and every advantage which they shall find established or may establish." The only conditions were allegiance to the Swedish crown and a payment of three florins per annum per family." This form of quit-rent per family gave something of a communal aspect to the Swedish tenures, and it was probably the case that but few traets were definitely bounded and surveyed in the earlier days of the settlement. Governor Printz received no special instructions in regard to land grants further than to encourage agriculture and to use his discretion in all matters, guided by the laws, customs and usages of Sweden. We may suppose he followed the colonial system which was already in operation. Governor Risingh's in- structions from the Swedish tieneral College of Commerce required him to give the same title and possession to those who purchased land from the " we grant to Heury Hockhammer, etc., Hazard's "Antials," 1. 33.


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152


IHISTORY OF DELAWARE.


savages as to those who bought from the company, with all allodial privilege- and franchises, " but no one to enter into possession but by coment of the government, so that no one be deprived improperly of what he already pose-es." The Swedish tenure, therefore, was by grant from the crown, through the Governor, the quit-rent being commuted into a capitation tax, payable annually by head- of tam- ilies, the only limits to tracts granted being that they do not trespa-s on other holdings and are cultivated. After the conquest of New Sweden by the Dutch the Swedes were ordered to come in, take the oath of allegiance, and have their land titles renewed. The Dutch were very liberal in their grants, especially under D'llinovossa, but the tenure of lands was entirely changed, and a quit-rent was now required to be paid of 12 stivers per morgen, equal to 3.6 cents per acre.1 . This was a high rent, in comparison with that which the Swedes had been paying, and with the rents charged by the English. Besides, the land had to be surveyed, and the cost of survey, record and deeds for a tract of 200 or 300 aeres was 500 or 600 pounds of tobacco. Many Swedes were un- willing, some perhaps unable, to pay these fees and rents; some abandoned their lands entirely, some sold, and many paid no heed to the mandate, thus in fact converting themselves into squat- ters.


After the English took possession new oaths of allegiance and new confirmations of title were required. Andross and Lovelace made patents very freely, doing all they could to pronte and extend the settlements, but the Duke of York's laws exacted a quit-rent of one bushel of wheat per one hundred aere -. Wheat, as we find by the Up- Jand record, was taken for taxes (and of course for rent likewise) at the rate of " five guilders per seip- ple,"-five guilders per scheepel or bushel, thirty penee stirling, or sixty cents, or thirty pence Penn- sylvania currency, equal to forty-four and one-titth cents,-a rent, therefore, of three-fifths or two- fifths of a cent per aere. Under Pean the regular quit-rents were a penny per acre, the conveyancing costing fourteen to eighteen shillings per plat, and the surveying and registering as much more, say thirty shillings, or seven dollars and fifty cents, initial payment, an l two dollars annual payment per one hundred acres. This was in addition to the local tax for county and court expenses. amounting to thirty-five or forty guilders per tyd- able,-four dollars and fifty cents per family or per freeman-and an occasional " war-tax " of a penny in the pound on a valuation which, in 1694,


1 Writers have cansed confusion in this matter by computing the stiver at 2 cents, and the goalder at do cents The artud sabine of the server, as settled by the f's lated coust at this time, was three-tenths of a penny, the guilder thus trong worth a peine. In sterling silver, the refuge, the rent of an arre would have been :& cent-, In P ht-vivama currency, which, perhaps, was the standard used in the I'pland calculations, the reut would be 2.21 cents per dere.


reached £182,000 currency. There is no wer that the Swedes, who had under their own : paid only a nominal rent. should have shrunk fright at these heavy charges and either given their land or neglected to take out deeds for it. . thus lost possesion of it entirely under Pu severe law of 1707. As Acreliu- says in his gen al statement of these changes of tenure :


" Under the Swedish government ao deeds were given for the by at least there are the signs of any, everyting these which were gis. briet- hy queen Christina + The Hollanders, sobred, made out .p mass of deeds in This, but most of them were mon building lets at - honk Meanwhile, to rents were imposed. The land was unchi the ithalatant- lazy, so that the torome was -Parrely mate than Deresstry for their -u-teuaner, But when the Luglish adtutti .-!! cata, all were summoned to take out 10 & degis for then land is York. . . . A part took the deerls; but others did not twould. 1 srives about them, but only agreed with the Induits for a JApe for which they gave a gun, a kettle, a fur coat of the like, and this . then again to others for the same, for the latel was super.bind (. inhabitants few and the government hot stret. . . . Many who . deed- upon large tracts of land were in great distress about then p which, however, wrie very light if people cultivated the latin !.. heavy enough when they mule no ire of them ; and they thet- train-terred the greater part of them to others, which their descentes now lament." 3


The history of taxation in Delaware dates to the administration of Jean Paul Jacquet, who was ap- pointed Vice-Director on South River. Nov. 2. 1655. In the provisional instructions to him, "in order to prevent immoderate desire for land," la was directed to exact #from each morgen of lata twelve stivers annually. William Beekman, in .. letter to Director Stuyvesant, January 14, 1600. presented a proposition of the sheriff and commi- sary for the taxation of every Swedish family for detraying court expenses. The expenses of the court, however, were paid by quit-rents and cu -- toms until 1676, when Governor Andross reorgan- ized the courts and the magistrates asked for in- structions in reference to public charges. In reply. the Governor, Nov. 26, 1676, authorized a levy nt one penny in the pound on the real estate " in New Castle, up the river and in the bay." To this the magistrates, on Feb. 6, 1677, demurred, and re- quested permission to make the levy " by the pole," as in Maryland and Virginia, which wa- accorded April 6, 1677. In September, th constables were instructed to make lists of all per- son, liable to taxation." Samuel Land was con-ta- ble of New Castle District : Walter Rowles of Opp. quenomen : Charle - Rumsey of Cristeen. In Nove ber, 1677, the court met at New Castle, and laid a levy of twelve gilder> and ten stivers for every person. to be paid in " Wheat at 5 gilder-, Rye att 4 gildet -. Barley att 4 gillers per schipple, Indian Corne att giklers per schipple, Tobbacco att & styvers per il . Porke att & and Bacon att 16 styvers p lb ; or El - In Zewant or Skins att Pryce Courrant," and in




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