USA > New Jersey > Genealogical and memorial history of the state of New Jersey, Volume I > Part 20
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It is important to note that the documents which have come to light since Hatfield pub- lished his "History of Elizabeth" entirely dis- prove his contention that the Elizabethtown associates held their land under the Nichols grant and not under patent from the proprie- tors. When Carteret arrived he found four families, the pioneers of the Jamaica colony at Elizabethtown, and from the first these and many others of those who afterwards became parties to the suit in chancery acknowledged. the authority of the governor and complied with the regulations of the proprietors. The denial of the rights of the proprietors was an afterthought, due to the subsequent litigation which ensued when the magnitude of the in- terests at stake were better discerned. Im- mediately on his arrival, Governor Carteret dispatched special agents to "New England
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and other places" to publish the terms of the "Concessions" and to invite emigration to New Jersey. The original Indian deed was to Bailey, Denton and Watson, and before 1666 the vested right under this deed belonged solely to Carteret, Ogden and Watson. In consequence of Carteret's invitation, Daniel Pierce, John Pike, and Andrew Tappan, of Newbury, Massachusetts, came to New Jer- sey, fixed on the southern part of the Eliza- bethtown tract as a desirable location, and agreed with Philip Carteret as "Governor of the Province" and "in behalf of the Lords Proprietors," May 21, 1666, John Ogden being the governor's witness to the agreement, that "they shall have liberty * %
* to lay out every man's proportion of land according to their judgment and discretion, not exceeding the proportion limited in the Lords Proprie- tors' Concessions *
* * for the half- penny per acre per annum due the Lords Pro- prietors, the payment to begin the 25th of March 1670, and that every man shall pay yearly in the Country-pay for no more Land than what is appropriated to him by patent, provided that every person shall patent so much land in proportion as is specified in the Concessions or according to their estates, and that all lands so patented shall be surveyed and bounded by the Surveyor-general or his (leputy" ; and in return the "said Daniel Pierce and his associates shall and may enjoy forever all and singular the before demised premises in as full and ample a manner as the said Capt. Carteret, John Ogden and Luke Watson do hold and enjoy the same." The foregoing fully shows the fallacy of Hatfield's statement that Carteret, Ogden and Watson were the "representatives of the Associates of the Town" instead of the deputies of the Lords proprietors, and for a complete and very lucid discussion of the whole subject the reader is referred to Whitehead's "East Jersey under the Proprietors Governments," pages 267 to 285. One thing, however, must be mentioned here. John Ogden, who joined Carteret in signing the grant of the Southern moiety of the Elizabethtown tract, and also the allot- ment of the same tract to the proprietors was one of those to whom the tract had been con- firmed by Nichols, was also one of those pres- ent when Carteret arrived, was one of those who paid the Indians the consideration for the tract, was perfectly conversant with all the circumstances of the settlement, capable, hon- est, intelligent, fully able to appreciate the re- lations existing between the parties, and he
could scarcely have been invited, as he was, to become one of the governor's council, and assuredly would not have accepted the po- sition and acted in concert with the governor, had he not been satisfied of the paramount title of the proprietors. And although even- tually found arrayed in opposition to the gov- ernor, it was subsequent to the period under review, and when reasons of a personal char- acter existed to account for the change.
Among the questions brought up at a later date in the controversy between the proprie- tors and the Elizabethtown claimants was that of the settlement of Newark, whether it was made under the Elizabeth Indian purchase or under the authority of the proprietors. In the answer to the bill in chancery the affida- vit of Joseph Woodruff, an old man, made July 26, 1743, is given in relation to the mat- ter, in which he states "he had heard Governor Treat (of Connecticut, and one of the original settlers of Newark) tell after what manner the line was settled between the two towns; and that it was done in so loving and solemn a manner that he thought it ought never to be removed ; for he (the governor) himself being among them at that time prayed with them on Dividend Hill (so-called) that there might be a good agreement between them; and that it was agreed upon by the settlers of each town that the line between them should stand and romain from Dividend Hill to run a north- west course ; and the governor said that after the agreement, Mr. John Ogden, being one of the first purchasers, prayed among the people, and returned thanks for their loving agree- ment." This event took place May 20, 1668, and the commissioners for the two towns were, for Newark, Jasper Crane, Robert Treat, Mat- thew Camfeild, Samuel Swain, Richard Har- rison and Thomas Johnson, and for Elizabeth- town, John Ogden, Luke Watson, Robert Bond and Jeffery Joanes.
February 19, 1665, John Ogden was the first of the sixty-five men who took the oath of allegience to King Charles II, and he was followed by his sons John, David, and Jona- than. His younger sons took the oath later on reaching their majority. October 26, 1665, Governor Carteret appointed him justice of the peace ; and the following November I, a mem- ber of his council and deputy-governor. May 26 to 30, 1668, John Ogden was one of the two "able men who were freeholders and dwellers within the limits" of Elizabethtown who were chosen in accordance with the gov- ernor's proclamation to be burgesses or rep-
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resentatives of the town, in the first legislative assembly in the history of New Jersey ; and at a town meeting of Newark January 22, 1671, "Mr Treat and Lieut Swain are deputed to Take the first opportunity to Advise with Mr Ogden or any other they see Cause what may be the Safest and Best Course to be taken for the Town about our Lands and Settlements here." This last suggested conference made by Newark had far reaching results. In March, 1670, and March, 1671, the Newark people had tendered the quitrents to the gov- ernor, although they had refused to take out their patents, but there is no record of their having even paid the quitrents in March, 1672. March 25, 1670, the day when the first quitrent payments were to be made, was also the day when the suppressed passions of those inimical to the existing government broke forth in decided and violent opposition. Gov- ernor Carteret manfully struggled against the spirit of anarchy that was prevalent; but his efforts were unavailing and influence of his opponents prevented all proper enforcement of his authority. March 26, 1672, a meeting of deputies from the different towns, desig- nated an assembly, was held; but some of the deputies having neglected to conform to the requisitions of the concessions as to their qualifications, the governor and his council did not recognize its validity, and probably in accordance with the wishes of the governor and council, William Pardon, the assistant sec- retary of the council, who had the custody of the documents of the meeting, suppressed them. This brought affairs to a crisis. An- other meeting was held in Elizabethtown, com- posed of representatives of Elizabethtown, Newark. Woodbridge, Piscataway and Ber- gen ; but as they met "without the knowledge, approbation or consent" of the governor and council, they of course did not co-operate and the assemblage failed in one of the essen- tials of a general assembly, even if all of those present had been duly qualified as members. The spirit of revolt, however, made this ab- sence of the governor and council the excuse for the highhanded proceeding of appointing James, son of Sir George Carteret, as "Presi- dent of the Country" with full gubernatorial powers, a proceeding which manifestly ex- ceeded the largest interpretation of the clause of the concessions under which they professed to act. Counter proclamations now ensued, but the power to enforce obedience seems to have been with the usurper, and officers of the government were imprisoned and their
estates confiscated. May 25, 1672, James Car- teret issued a warrant for the apprehension of William Pardon, the deputy secretary, di- recting the constable to keep him in custody until he delivered up the acts of the "Gen- eral Assembly" of March 25. This Pardon refused to do and escaped from the constable. June 25, John Ogden issued an attachment upon Pardon's moveables, and July 9, James Carteret issued another against his houses and land, stating that Pardon had escaped and gone to England. Pardon subsequently re- turned and as a remuneration for his losses was appointed receiver-general of quitrents, and received a grant of five hundred acres of land, July 16, 1674.
When the Dutch repossessed themselves of New Netherland, the inhabitants of Eliza- bethtown, Newark, Woodbridge and Piscata- way promptly tendered a surrender of their towns to the supreme military tribunal at New Amsterdam. August 18, 1673, at a conference there the conditions of their occupancy under the Dutch government was laid down, and each town was directed to nominate by a plu- rality of votes six persons for schepens or magistrates and also two deputies towards the constitution of a joint board for the purpose of nominating three persons for schouts and three for secretaries. From the nominations thus made, the council, on August 24, selected three magistrates for each town and a schout and secretary for the six towns collectively, John Ogden being appointed schout and Sam- uel Hopkins secretary, September I, and the first duty of these officials being to take an inventory of the estate of Governor Carteret. September 7, the schout and secretary com- plained that Robert Lapriere had removed div- ers goods from the house of Governor Philip Carteret, which he refused to restore, and his arrest was ordered. As schout, also, John Ogden summoned James Bollen, "late Secre- tary of the Province of New Jersey," to give up his papers within ten days under forfeiture of his property ; and arrested and sent to New Amsterdam for trial Lapriere and John Sing- letary. September 1I, 1673, John Ogden's name is the first on the list of those who swore allegiance to the Dutch authorities, and Sep- tember 29, some of the Indians having com- mitted depredations in the neighborhood, he wrote to Governor Anthony Colve for in- structions and received the reply, dated "ffort Willem Hendrik, 14th October 1673," re- quiring him to summon the Indian sachem be- fore the governor, and also to "send hether
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bij ye first opportunity the armes & other goods according to Inventorij formerlij be- long to ye Late Gouvernrs Carterett." Octo- ber 1, 1673, the council of war sent instructions to Schout Ogden and the magistrates to pre- serve public peace and the administration of justice. "They required that the (Dutch) Re- formed Christian Religion be maintained. Power was given them for laying out high- ways, setting off lands and gardens, and in like manner what appertains to agriculture, ob- servance of the Sabbath, erecting churches, school houses or similar public works." No- vember 18, 1673, an assembly, composed of the "Schout and Magistrates of Achter Kol (the Dutch name for the part of New Jersey opposite Staten Island) to make laws and or- ders," was held at Elizabethtown. The ordi- nances were few and simple, pertaining mostly to morality and religion. John Ogden was now virtually the deputy-governor of the English towns in New Jersey under the Dutch rule, and he so continued until the treaty of Westminster, February 9, 1647, restored the territory to the English, who resumed control in the following November. January 30, 1674, the records of the government which as mentioned above had been taken out of the hands of James Bollen and deposited at Fort William Hendrick were at the request of Schout John Ogden returned under inventory to the charge of Samuel Hopkins, "Secretary of Achter Kol." (For other items of similar interest see New York Colonial Documents, volume 2, pages 647, 714, 720, 722, 723, 728, and 729. )
John Ogden was settled upon his Elizabeth- town tract as early as August, 1665, when Gov- ernor Philip Carteret arrived and determined to take up his residence with the "Ogden com- pany." His house was probably located on Point road, now Elizabeth avenue, and near where Robert Ogden, his great-grandson, and Colonel Barber afterward lived. For some reason or other John Ogden borrowed, Octo- ber 9, 1668, of Cornelis Steenwyck, merchant and mayor of New York, £191, 5s, mortgag- ing therefor "a Certain Water Mill now in my Tenure of' Occupation near unto the Mansion or Dwelling House of Gov. Carterett in Eliza- beth Towne." This mill was located on Broad street immediately west of the stone bridge and south of the Presbyterian church. February 15, 1668, a commission was granted to "John Ogden senior, Caleb Carwithy, Jacob Moleyn, Wm Johnson and Jeffry Jones, all of Elizabeth Town, and 21 partners from Barne-
gate to Sandy Hook," for a whale fishery un- der certain "Privileges, Conditions, and Limi- tations" (see East Jersey Deeds, Liber 3, folios 22 and 23). One condition being the giving one-twentieth part of the oil in casks to the Lords proprietors. March 31, 1676, a special court of oyer and terminer was commissioned at Woodbridge to settle finally .the old contro- versy, referred to above, between John Ogden and John Cooper, of Southampton, John Berry being president, and William Pardon, Lau- rence Andriaessen and James Bollen the as- sistant judges. December 4, 1676, Governor Carteret issued a commission to William Par- don, justice of the peace, John Ogden senior, Henry Lyon, and George Ross, selectmen, to sit as a monthly court, for "the trial of cases under 40s, at Elizabethtown, under act of As- sembly December 4, 1675." It would thus seem that the personal differences which had at one time estranged John Ogden from the government who in the infancy of the settle- ment had been his intimate and trusted friends, and which had led him to become the most powerful leader of the "malcontents," were at length happily adjusted, and the breach finally and completely healed, October 29, 1678, by the formal resurvey of his lands according to the concessions. This interpretation of John Ogden's conduct finds further confirmation from his attitude with respect to the high handed and unwarrantable actions of Governor Andros of New York, who counting upon the existence of a disaffected party in New Jer- sey attempted to seize the government of East Jersey for his master the Duke of York. April 7, 1680, he visited Elizabethtown, de- manded of Governor Carteret that he surren- der the province, and also issued several or- ders, "one particularly to Mr. Ogden then scherif for the surrender of N. Jersey." There can be no doubt that he counted on the influ- ence of John Ogden as the leader of the anti- governmental party: but he counted without his host because not only did six towns refuse to negotiate with Andros, but the assembly, of which John Ogden was one of the leaders, de- clared as "the representatives of the freehold- ers of this province," "what we have formerly done we did in obedience to the authority then established in this province. These things which have been done according to law require no confirmation." This in answer to the demand of Andros that they enact legisla- tion which would confirm all past judicial pro- ceedings according to the laws of New York. They added further that they expected that the
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"privileges conferred by the Concessions would be confirmed," and declined to recog- nize the authority of Andros, until so ordered to do by the King.
Thus closes the career of "good old John Ogden," a man of more than ordinary mark, "a man of sterling worth, of whom the town as well as his numerous posterity should be gratefully mindful. He was called a mal- content, and regarded as the leading malcon- tent in Elizabethtown," but he was held in high esteem by the accomplished, sagacious and pious Winthrop, he was the intimate and trusted friend and associate of Governor Car- teret, both before and after their estrange- ment, both at Southampton and Elizabethtown he was an honored magistrate, loved and trusted by the people, and during the Dutch rule virtually the governor of the English speaking portion of the province, and being such he is not to be classed with restless agi- tators and constitutional oppositionists, be- cause he happened to believe certain of their contentions right for a time and had the cour- age of his convictions to side with them in that respect. "A true patriot, and a genine Christian, he devoted himself while living to the best interests of the town and dying be- queathed to his sons the work of completing what he had so fairly and effectually inaugu- rated."
December 21, 1681, John Ogden wrote his will and apparently he was dead before the end of May, 1682, on the 30th of which month the inventory of his estate was filed. Septem- ber 19, 1682, Governor Carteret issued letters of administration on his estate to "Jane the widdo or Rellict of the said John Ogden her Late husband." Of Jane Bond the wife and widow of John Ogden little is known. She was the daughter of Jonathan Bond, of Eng- land, and according to tradition the sister of Robert Bond, the intimate friend of John Ogden both at Southampton and Elizabeth- town. May 14, 1683, about a year after her husband's death she petitioned the council to secure her right of three hundred acres in the Elizabethtown tract, and on the following May 26, the council referred the petition to the deputy governor and the surveyor general "that according to the Concessions she may have her just rights." The date of her death is unknown, and the burial place of both her and her husband, the latter is probably beneath the rear of the present building of the First Presbyterian Church in Elizabeth.
Bv his marriage with Jane Bond, May 8,
1637, John Ogden had six children, three born in England, and three in the new world. I. John Jr., born March 3, 1638, died November 24, 1702 ; married Elizabeth Plum and had one child of record, Jemima, born in 1692, be- came the wife of Henry Pierson. 2. David, born January II, 1639; see sketch elsewhere. 3. Jonathan, referred to below. 4. Joseph, the first of John Ogden's children to be born in America, was born November 9, 1642, died before January 15, 1690; he married Sarah, daughter of Isaac Whitehead, and had two children : Joseph and Isaac. 5. Benjamin, born 1654; see sketch elsewhere. 6. Mary, married John, son of John Woodruff, of Southampton and Elizabethtown, and left eight children: John, Jonathan, Sarah, Han- nah, David, Joseph, Benjamin and Elizabeth.
(VII) Jonathan, the third child and son of John (2) and Jane (Bond) Ogden, was born in England, January II, 1639, being a twin with his brother David. He died January 3, 1732, and is buried in Elizabeth, where the headstone of his grave still stands in the bury- ing ground of the First Presbyterian Church. The only mention of his name in the South- ampton records is under date of October 21, 1664, when he witnesses a deed of John Davis to John Oldfield of a fifty pound common- age. In 1665 he went with his father to Elizabethtown and was one of the original as- sociates, and taking the oath of allegiance to King Charles II, February 9, 1665, when he was styled one of the "5 full grown boys" of John Ogden. September II, 1673, with his father and brothers he took the oath of alle .. giance to the Dutch; and in 1692 he was the receiver of taxes for Essex county, this being apparently the only public office which he held.
In 1697 the Lords proprietors in England, acting under a desire to please the King, su- perseded Governor Hamilton by Jeremiah Basse. The new governor was a man neither liked nor respected by the greater part of the colonists of West as well as East Jersey, and there would seem to be good grounds for their opinion. Basse's appointment, moreover, was defective in several ways among them the facts that he had not given the security re- quired by law for his good behavior, and his commission having been signed by an insuffi- cient number of the proprietors, only ten, in- stead of the necessary sixteen names having been obtained. Detested by a goodly portion of the people he governed and disowned by a large number of the proprietors, and having also private interests at stake, Basse joined
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himself to the opponents of the proprietors and sought to strengthen himself from their ranks, once dependent upon them he soon be- came their prey and they wrung from him concessions vital to the continuance of the pro- prietors' government. He was afraid to call the assembly together lest the majority should prove hostile to him, and did not do so for nearly two years after he had become gov- ernor, although he had instructions to do so "with all convenient speed after two months." The people claimed that Basse's appointment, being irregular, the authority devolved on the council, and when Basse held his first court in May, 1698, we learn from the court record that "Lewis Morris Esq. came in open Court and demanded by what authoritie they kept Court. The Court declared by ye Kings Au- thoritie. He denied it & being asked, Who was dissatisfied besides himself, he said One and all. The Court commanding ye said Mor- ris to be taken in custody, Col. Richard Town- ley, Andrew Hampton, both of Elizabethtown, & three or four more cried one and all and ye said Lewis Morris said he would fain see who durst lay hold on him-and when a Constable by order of ye Court laid hold on him, he, in ye face of ye Court resisted." Morris, who represented a large and influential portion of the people, refused to pay his fine, and was imprisoned in a log house. His friends, how- ever, raised the logs sufficiently for him to escape and for this May 13, 1699, they were indicted by the governor. Among them was Jonathan Ogden. Matters now went from bad to worse. Basse's policy had strength- ened and embodied the anti-proprietors' party to such an extent that they carried matters with a high hand, and when the proprietors. seeing the futility of their efforts, reappointed Hamilton, governor. the spirit of misrule was too rampant to be put at once in check. Riots were almost continuous throughout the years 1700 and 1701, and September 12, 1700, a party of men from Elizabethtown, among them Jonathan Ogden, came "with clubs in their hands to the house of Mr. Theophilus Pear- son (in Newark) and demanded of him ye prisoner (one Parmator) asking where the Pittifull raskalls were that put this man in prison and demanded him out of prison, they were asked by what power they demanded him out of prison and they held upp their clubbs and said that was their power." Then they went after the sheriff, who complained in the indictment against the rioters later on, "That he was satt upon by severall men of
Elizabeth Towne & Forceablely Robbed of ye Keys of the Prisson & the prissoner there- upon Imediately Taken out of his Custody." On the following December 19, a writ of error was brought into the court at Burlington to remove Jonathan Ogden's name from the in- dictment, but it was refused. Factions had now become so numerous and anarchy so prominent that the only solution of the diffi- culty and hope for settled government lay in turning the provinces over to the king and among the many memorials sent to the lords of trade and plantations, and to the King, which resulted in the surrender of their rights by the proprietors, was the one of July 17, 1701, from the heads of families at Elizabeth- town of which Jonathan Ogden was one of the signers.
In 1678 and later Jonathan Ogden's name is found among the subscribers to the salary of the Rev. John Harriman, and in 1691 he is one of the largest contributors and is styled deacon. In December, 1667, he was one of those who petitioned the governor and council to have their lands laid out to them according to agreement made with the inhabitants with the consent of the governor saying that unless it be done "we do not see how we can possibly subsist in the Town but shall be forced to look out somewhere else for a livelihood." At this time or soon afterwards he obtained some of his land, for October 12, 1671, "Jonathan Ogden, tanner, and his wife Rebecca," deeded to Benjamin Price of Elizabethtown six acres, "North the road to the Point; East, Nathan- iel Bunnell; South the meadow; and West the grantee ( East Jersey Deeds, D 410)." June 14, 1676, he applied to the surveyor-general, ask- ing that one hundred and twenty acres be laid out for him; and March 10, 1678, there was "Layed out for Jonathan Ogden at Eliz. Towne a house Lott Wth an Adition conty 6 acres in Length 15 & in bredth 4 Chane Bounded on the S. E. by Joseph Ogden N. E. N. W. E. and S. W. by highways." " He also had twenty-two acres of upland in the form of a triangle, bounded by the governor's and Benjamin Parkis' land; eighty-four acres "Lying in the plaine" bounded by Benjamin Parkis, Leonard Headley's and Isaac White- head's land, and the Mill brook ; and fourteen acres of meadow in two plots, on the Creek and on Great Island. In September, 1693, he was one of the associates who petitioned the King that the lands they had been granted and had enjoyed for nearly thirty years, they "ought according to Law Reason and Justice
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